CONSTITUTIONAL LAW 1

GENERAL CONSIDERATIONS

Political Law - That branch of public law which deals with the organization and operation of the government
organs of the state and defines the relations of the state with the inhabitants of its territory.

Constitutional Law - designates the law embodied in the constitution and the legal principles growing out of the
interpretation and application made by courts of its provisions in specific cases.

Constitution - the written instrument, by which the fundamental powers of government are established, limited
and defined, and by which those powers are distributed among the several departments for their safe and useful
exercise for the benefit of the body politic.

Types of Constitutions

Classification of Constitutions

1. Written and Unwritten

(a) Written - one the provisions of which have been reduced to writing and embodied in one or more instruments
at a particular time. Ex: The US Constitution.
- also called conventional or enacted, because they are given definite form by a constituted body,
the constitutional convention, at a particular time.

(b) Unwritten -one w/c has not been committed to writing at any specific time but is the accumulated product of
gradual political and legal development. Ex.: The English Constitution.
- also known as cumulative or evolved, because they are not formulated at any definite time but are rather the
outcome of a political evolutionary process.

2. Flexible and Rigid Constitutions.

a. Rigid - when it may not be amended except through a special process distinct from and more involved than
the method of changing ordinary laws.

b. Flexible - when it may be changed in the same manner and through the same body that enacts ordinary
legislation.
e.g. British Constitution

The Philippine Constitution is written and rigid

The 1987 Constitution took effect on February 2, 1987, the date of the plebiscite for its ratification and not on the
date its ratification was proclaimed (De Leon v. Esguerra, 153 SCRA 602)

Doctrine of Constitutional Supremacy

if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated
by the legislative or by the executive branch or entered into by private persons for purposes, is null and void and
without any force and effect. (Manila Prince Hotel v. GSIS, 267 SCRA 408 [1997])

Self-executing and non-self executing provisions of the Constitution

A provision which lays down a general principle, such as those in Article II of the 1987 Constitution, is usually not
self-executing. But a provision which is complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants
may be enjoyed or protected, is self-executing. Thus a provision is self-executing if the nature and extent of the
right conferred and the liability imposed are fixed by the Constitution itself, so that they can be determined by an
examination and construction of its terms, and there is no language indicating that the subject is referred to the
legislature for action.

Unless it is expressly provided that a legislative act is necessary to enforce a

constitutional mandate, the presumption now is that all provisions in the Constitution are self-executing. If the
constitutional provisions are treated as requiring legislation instead of self-executing, the legislature would have
the power to ignore and practically nullify the mandate of the fundamental law. (Manila Prince Hotel v. GSIS))

Q: Is the “Filipino First” Policy expressed in Section 10, Article XII of the Constitution a self-executing provision?

A: Yes. It is a mandatory, positive command which is complete in itself and which needs no further guidelines or
implementing laws or rules for its enforcement. It is per se judicially enforceable. When our Constitution
mandates that [i]n the grant of rights, privileges, and concessions covering the national economy and patrimony,
the State shall give preference to qualified Filipinos, it means just that – qualified Filipinos must be preferred.
(Manila Prince Hotel v. GSIS)
Non-self executing provisions of the Constitution:

Article II “Declaration of principles and state policies.” These principles are not intended to be self-executing
principles ready for enforcement through the courts. They are used by the judiciary as aids or as guides in the
exercise of its power of judicial review, and by the legislature in its enactment of laws. (Tanada v. Angara, 272
SCRA 18 [1997], En Banc [Panganiban])

Acts of persons considered “State Action” covered by the Constitution:

• when the activity it engages in is a “public function”

• when the government is so significantly involved with the private actor as to make the government
responsible for his action; and
• when the government has approved or authorized the action. (Manila Prince Hotel v. GSIS])

Notes from the case of MIRIAM DEFENSOR SANTIAGO, ET AL vs. COMELEC and PIRMA (G.R. No. 127325
3/19/97)
Section 2 of Article XVII of the Constitution is not self-executory. Per Com. Joaquin Bernas:

Without implementing legislation Section 2 cannot operate. Thus, although this mode of amending the
Constitution is a mode of amendment which bypasses congressional action, in the last analysis it still is
dependent on congressional action. Thus, while the Constitution has recognized or granted that right, the
people cannot exercise it if Congress, for whatever reason, does not provide for its implementation.
It was made clear during the interpellations that Section 2 is limited to proposals to AMEND — not to REVISE —
the Constitution.
R.A. No. 6735 was intended to cover initiative to propose amendments to the Constitution. But it is not a full
compliance with the power and duty of Congress to "provide for the implementation of the exercise of the right."
Initiative on the
Constitution is confined only to proposals to AMEND. The people are not accorded the power to "directly
propose, enact, approve, or reject, in whole or in part, the Constitution" through the system of
initiative. They can only do so with respect to "laws, ordinances, or resolutions."
RA 6735 is not adequate, hence Art. XVII, Sec. 2 remains to be non-self executing, as regards to revision of the
Constitution. The law is limited only to amendments.

FUNDAMENTAL
POWERS OF THE STATE

Police Power
Power promoting public welfare by restraining and regulating the use of liberty and property

Basis: PUBLIC NECESSITY AND THE RIGHT OF THE State and of the public to self-protection and self-
preservation
Who may exercise: generally the Legislature but also upon valid delegation to:
1. the President
2. Administrative bodies
3. law-making bodies or LGU’s under the general welfare clause

Justification for police power is found in the ancient Latin maxims, Salus populi est suprema lex (the welfare of
the people is the supreme law) and Sic utere tuo ut alienum non laedas (so use your own property so as not to
impair other)

Requisites (Limitations):
• (Lawful Subject) The interests of the public generally, as distinguish from those of a particular class;
2. (Lawful Means) The means employed are reasonably necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals.

Additional limitations when exercised by delegates:

1. express grant by law
2. within territorial limits
3. must not be contrary to law

Power of Eminent Domain

Right or power of a sovereign state to appropriate private property to particular uses to promote
public welfare. The exercise of the right of eminent domain, whether directly by the State, or by its authorized
agents, is necessarily in derogation of private rights; hence it must be strictly construed.

Who can exercise: generally, the legislature but can be delegated to:
1. The President
2. administrative bodies
3. public corporations
4. quasi-public corporations

Requisites:
Necessity – when exercised by:
Congress – political question
Delegate - justiciable question
The power is only necessary when the owner does not want or opposes the sale of his property. Thus, if
a valid contract exists between the government and the owner, the government cannot exercise the power of
eminent domain as a substitute to the enforcement of the contract

Private property
All private property capable of ownership may be expropriated
EXCEPT: money
Choses in action

Private property already devoted to public use cannot be expropriated by a delegate of legislature acting
under a general grant of authority
Taking
Elements:
a. The expropriator enters the property
b. The entrance must not be for a momentary period
c. Entry is made under a warrant or color of legal authority
d. Property is devoted to public use
e. Utilization of the property must be in such a way as to oust the owner and deprive him of the
beneficial enjoyment of his property
Public use
Has been broadened to include not only uses directly available to the public but also those which
redound to their indirect benefit; that only a few would actually benefit from the expropriation of the property does
not necessarily diminish the essence and character of public use
Examples of public use: land reform and socialized housing.

Just compensation
The full and fair equivalent of the property taken
Fair market value - the price that may be agreed upon by parties who are willing but are not compelled
to enter into contract
Formula– FMV + consequential damages-consequential benefits
Reckoning point of market value
- date of filing of the complaint or actual taking whichever comes first
Exception: When the filing of the case comes later than the time of taking and meanwhile the value of the
property has increased because of the use to which the expropriator has put it, the value is that of the time of the
earlier taking. BUT if the value increased independently of what the expropriator did, then the value is that of the
latter filing of the case.

NOTE:
Even before compensation is given, entry may be made upon the property condemned. The deposit
of money or an equivalent form of payment such as government bonds is necessary and sufficient to satisfy the
requirement.
Any law fixing the amount of just compensation is not binding on the courts because it is a question of fact which
is always subject to review by the courts.

Due process of law

The defendant must be given the opportunity to be heard

Judicial review of the exercise of the power of eminent domain

a) Determine the adequacy of the compensation
b) Determine the necessity of the taking
c) To determine the “public use” character of the taking. However, if the expropriation is pursuant to a
specific law passed by Congress, the courts cannot question the public use character of the taking.

When municipal property is taken by the State:

Compensation is required if the property is a patrimonial property, that is, property acquired by the municipality
with its private funds in its corporate or private capacity. However, if it is any other property such a public
buildings or legua comunal held by the municipality for the State in trust for the inhabitants, the State is free to
dispose of it at will.

Requisites for the valid exercise of the power of eminent domain by LGUs:
1. An ordinance is enacted by the local legislative council authorizing the local chief executive, in
behalf of the LGU to exercise the power of eminent domain or pursue expropriation proceedings over a particular
private property;
2. Power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the
poor and the landless;
3. There is payment of just compensation;
4. A valid and definite offer has been previously made to the owner of the property sought to be
expropriated, but said offer was not accepted. (JIL Christian Sch Foundation, Inc. vs. Mun of Pasig, 466
SCRA 235 Aug. 9, 2005)

Commissioner of Internal Revenue v Central Luzon Drug Corp (456 SCRA 414)

• The tax benefit granted to the establishments can be deemed as their just compensation for private
property taken by the State for public use
• The taxation power can also be used as an implement for exercise of the power of eminent domain

Power of Taxation
• the inherent power of the sovereign, exercised through the legislature, to impose burdens upon the
subjects and objects within its jurisdiction, for the purpose of raising revenues to carry out the legitimate objects
of the government.

Who can exercise: generally, the Legislature, but also upon valid delegation:
1. law-making bodies of LGUs and
2. the President when granted delegated tariff powers

TAXES - Enforced proportional contributions from properties and persons levied by the State by virtue of its
sovereignty for the support of the government and for public needs.

BASIS OF TAXATION - GOVERNMENTAL NECESSITY. (lifeblood doctrine)

LIFEBLOOD DOCTRINE
Taxes are the lifeblood of the nation and should be collected without unnecessary hindrance. But their collection
should not be tainted with arbitrariness

Without revenue raised from taxation, the government will not survive, resulting in detriment to society. Without
taxes, the government would be paralyzed for lack of motive power to activate and operate it. (CIR vs. ALGUE)

THEORY OF TAXATION - RECIPROCAL DUTIES OF SUPPORT AND PROTECTION

1) Support on the part of the taxpayers
2) Protection and benefits on the part of the government

LORENZO vs. POSADAS - The only benefit to which the taxpayer is entitled is that derived form the enjoyment
of the privileges of living in an organized society established and safeguarded by the devotion of taxes to public
purpose. The government promises nothing to the person taxed beyond what maybe anticipated from an
administration of the laws for the general good.

REQUISITES of a VALID TAX

1) It should be for a public purpose
2) The rule of taxation should be uniform
3) That either the person or property taxed be within the jurisdiction of the taxing authority
4) That the assessment and collection be in consonance with the due process clause
5) The tax must not infringe on the inherent and constitutional limitations of the power of taxation

NATURE OF TAXATION - Inherent in sovereignty and legislative in character

TOLENTINO vs. SEC. of FINANCE-

In the selection of the object or subject of taxation the courts have no power to inquire into the wisdom,
objectivity, motive, expediency or necessity of such tax law.

The power to tax includes the power to destroy if it is used as an implement of the police power (regulatory) of
the State. However, it does not include the power to destroy if it is used solely for the purpose of raising revenue.
(ROXAS vs. CTA)

NOTES:
If the purpose of taxation is regulatory in character, taxation is used to implement the police power
of the state

If the power of taxation is used to destroy things, businesses, or enterprises and the purpose is to
raise revenue, the court will come in because there will be violation of the inherent and constitutional limitations
and it will be declared invalid.

NATURE OF THE TAXING POWER

1) Attribute of sovereignty and emanates from necessity, relinquishment of which is never presumed
2) Legislative in character, and
3) Subject to inherent and constitutional limitations

Constitutional limitations –
a. Due process clause
b. Equal protection clause
c. Freedom of the press
d. Religious freedom
e. Non-impairment clause
f. Law-making process –
1. One-subject – One-title Rule
2. 3 readings on 3 separate days Rule except when there is a Certificate of Emergency
3. Distribution of copies 3 days before the 3rd reading.
g. Presidential power to grant reprieves, commutations and pardons, and remit fines and forfeitures
after conviction by final judgment.
h. Revenue bill must originate exclusively in H.R. but the Senate may propose amendments.
i. Non-imprisonment for non-payment of poll tax.
j. Taxation shall be uniform and equitable.
k. Congress shall evolve a progressive system of taxation.
l. Tax exemption of charitable institutions, churches and personages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, buildings and improvements ADE (actually, directly, exclusively)
used for charitable, religious, and educational purposes.
m. Tax exemption of all revenues and assets used ADE for educational purposes of –
1. Non-profit non-stock educational institutions.
2. Proprietary or cooperative educational institutions subject to limitations provided by law including –
a) Restriction on dividends
b) Provisions for re-investments.
n. Tax exemption of grants, endowments, donations or contributions ADE for educational purposes,
subject to conditions prescribed by law.
o. No tax exemption without the concurrence of a majority of all members of Congress.
p. SC power to review judgments or orders of lower courts in all cases involving – Legality of any tax,
impost or toll, legality of any penalty imposed in relation thereto.

Inherent limitations
a. public purpose
b. non-delegability of power
c. territoriality or situs of taxation
d. exemption of government from taxation
e. international comity

Public purpose is determined by the use to which the tax money is devoted
If it benefits the community in general then it is for a public purpose no matter who collects it

A tax levied for a private, not public purpose constitutes taking of property without due

process of law as it is beyond the powers of the government to impose it.

Although private individuals are directly benefited, the tax would still be valid, provided such benefit is only
incidental

If what is incidental is the promotion of a private enterprise, as long as there is a link to the public welfare, the
purpose is still public

The test that must be applied in determining whether the purpose is public or private
1) The character of the direct object
2) The ultimate result not the immediate result
3) The general welfare for public good

LEGISLATIVE PREROGATIVE
RULE: It is Congress which has the power to determine whether the purpose is public or private
TAXPAYERS SUIT - a case where the act complained of directly involves the illegal disbursement of public
funds derived from taxation
> Taxpayers have sufficient interest of preventing the illegal expenditures of money
raised by taxation (NOT DONATIONS AND CONTRIBUTIONS)
> A taxpayer is not relieved from the obligation of paying a tax because of his belief that it is being
misappropriated by certain officials
> A taxpayer has no legal standing to question executive acts that do not involve the use of public funds.
(GONZALES vs. MARCOS)

REQUISITES FOR A TAXPAYERS PETITION

1) That money is being extracted and spent in violation of specific constitutional protections against
abuses of legislative power
2) That public money is being deflected to any improper purpose
3) That the petitioner seeks to restrain respondents from wasting public funds through the enforcement
of an invalid or unconstitutional law.

• Public purpose is continually expanding. Areas formerly left to private initiative now loose their
boundaries and may be undertaken by the government, if it is to meet the increasing social challenges of the
times

• Public purpose is determined at the time of enactment of the tax law and not at the time of
implementation

TAX LICENSE FEE

As to Basis
power of taxation - Police power – to
to raise revenues regulate
As to limitation
Rate or amount to Amount limited to cost
be collected of: (a) issuing the
unlimited provided license
not confiscatory and (b) necessary
inspection or police
surveillance
As to object
Imposed on Paid for privilege of
persons or property doing something but
privilege is
REVOCABLE
As to effect of non-payment
Business or activity Business becomes
does not become illegal
illegal

POLICE EMINENT TAXATION

POWER DOMAIN
Regulates Affects only Affects only
both liberty property property
and property rights rights
Exercised May be Exercised
only by the exercised only by the
government private government
entities
 Public Necessity of Public
necessity and the public for necessity
the right of the use of
the state and private
of the public property
to self-
preservation
and self-
protection
Property Property is Property is
intended for a wholesome wholesome
noxious and is and is
purpose is devoted for devoted for
taken and public use or public use or
destroyed purpose purpose
Compensatio Compensatio Compensatio
n is the n is full and n is the
intangible, fair , protection
altruistic equivalent to and public
feeling that the property improvement
the individual taken s instituted by
had the
contributed to government
the society for the taxes
paid
Contracts Contracts Contracts
may be may be may not be
impaired impaired impaired

Double taxation – additional taxes are laid:

• On the same subject;
• By the same taxing jurisdiction
• During the same taxing period; and
• For the same purpose

Despite lack of specific constitutional prohibition, double taxation will not be allowed if the same will result in a
violation of the equal protection clause.

Tax exemptions
• Law granting tax exemptions should be passed with the concurrence of a majority of all the
Members of Congress
• Where tax exemption is granted gratuitously, it may be revoked at will; but not if granted for a
valuable consideration.

ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago

2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its terrestrial, fluvial; and aerial domains
5. Including its territorial sea, seabed, subsoil, insular shelves; and other submarine areas
6. The waters around, between, and connecting the islands of the archipelago; regardless of their
breadth and dimensions form part of the INTERNAL WATERS of the Philippines. (Archipelagic Doctrine)
Archipelago - a body of water studded with islands.

“all other territories over which the Philippines has sovereignty or jurisdiction” – It includes any territory that
presently belongs or might, in the future, belong to the Philippines through any of the internationally accepted
modes of acquiring territory.

Elements of archipelagic principle

Two elements:
1. The definition of internal waters
2. The straight baseline method of
- drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent
from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea
• portion of the open sea adjacent to the shores of a State over which that state exercises jurisdiction;
12 nautical miles (n.m.) from the low water mark
2. Contiguous zone
• extends up to 12 n.m. from the territorial sea. Although not part of the territory, the coastal State
may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws; 12 n.m. from
the edge of the territorial sea
3. 200 N.M. Exclusive economic zone (EEZ)– not part of the national territory but exclusive economic benefit is
reserved for the country

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

I. SEPARATION OF POWERS

Purpose: to prevent the concentration of authority in one person or group of persons that might lead to
irreparable error or abuse in its exercise to the detriment of republican institutions

Principle of Blending Powers

• instance when powers are not confined exclusively within one department but are assigned to or
shared by several departments

Principle of Checks and Balances

• allows one department to resist encroachments upon its prerogatives or to rectify mistakes or
excesses committed by the other departments

II. DELEGATION OF POWERS

General Rule: potestas delegate non potest delegare

• based on the ethical principle that delegated power constitutes not only a right but also a duty to be
performed by the delegate through the instrumentality of his own judgment and not through the intervening mind
of another.

Permissible delegation
Code: PETAL
1. Delegation to the People
2. Emergency powers of the President
3. Tariff powers of the President
4. Delegation to Administrative bodies
5. Delegation to LGUs

Test for Valid Delegation:

 Completeness test – 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 except to enforce it.
Sufficient standard test – maps out the boundaries of the delegate’s authority by defining the
legislative policy and indicating the circumstances under which it is to be pursued.
• Both test must concur

SELECTED PRINCIPLES

SEC 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.

State
A community of persons, more or less numerous, permanently occupying a definite portion of territory,
independent of external control, and possessing a government to which a great body of the inhabitants render
habitual obedience

Elements of a State (for municipal law purposes)

1. People – inhabitants of the State, the number of which is capable for self-sufficiency and self-
defense, of both sexes for perpetuity

2. Territory – a fixed portion of the surface of the earth inhabited by the people of the State
3. Government – agency or instrumentality through which the will of the State is formulated, express
and realized

Functions:
Governmental or constituent – involves the exercise of sovereignty, therefore compulsory
Proprietary or ministrant – exercise of proprietary functions and thus considered as optional

Doctrine of Parens Patriae –

The Government may act as guardian of the rights of people who may be disadvantaged or suffering
from some disability or misfortune

Classification of Governments:

De jure - one established by the authority of the legitimate sovereign

- has the 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 exercise thereof
De facto - one established in defiance of the legitimate sovereign
- actually exercises power or control but without legal title

i. De facto proper - government that gets possession and control of or usurps by force or by the voice
of majority the rightful legal government and maintains itself against the will of the latter.
ii. Government of paramount force- established and maintained by military forces who invade and
occupy a territory of the enemy in the course of war
iii. Independent government - that established as an independent government by the inhabitants of a
country who rise in insurrection against the parent state.

Functions of Government
a. governmental or constituent – involves the exercise of sovereignty and therefore compulsory
b. proprietary or ministrant – exercise of proprietary functions and thus optional

4. Sovereignty – supreme and uncontrollable power inherent in a State by which that State is
governed

Imperium – The State’s authority to govern embraced in the concept of sovereignty; includes passing laws
governing a territory, maintaining peace and order over it, and defending it against foreign invasion
Distinction between sovereignty and dominion.

Sovereignty - the right to exercise the functions of a State to the exclusion of any other State. It is often referred
to as the power of imperium, which is defined as the government authority possessed by the State.

Dominion or dominium - the capacity of the State to own or acquire property such as lands and natural
resources. (Separate opinion, Kapunan, J. in Cruz v. DENR, G.R. No. 135385, December 6, 2000.)

Effect of belligerent occupation – no change in sovereignty. However, political laws, except those of treason,
are suspended; municipal laws remain in force unless changed by the belligerent occupant

Principle of Jus Postliminium – at the end of the occupation, political laws are automatically revived (Peralty
vs. Dir of Prisons, 75 Phil 285)
Jurisdiction – manifestation of sovereignty
I. Territorial – authority to have all persons and things within its territorial limits be completely subject
to its control and protection

Exceptions:
a. foreign states, heads of state, diplomatic representatives, consuls to a certain degree
b. foreign state property, including embassies, consulates, and public vessels engaged in non-
commercial activities
c. acts of state
d. foreign merchant vessels exercising the rights of innocent passage or involuntary entry; e.g. arrival
under stress
e. foreign armies passing through or stationed in its territory with its permission
f. such other persons or property over which it may, by agreement, waive jurisdiction; e.g. United
Nations
II. Personal – authority over its nationals, their persons, property, or acts, whether within or outside its
territory
III. Extraterritorial – authority over persons, things or acts, outside its territorial limits by reason of their
effects to its territory

Doctrine of AUTO-LIMITATION: any state may by its consent, express or implied, submit to a restriction of its
sovereign rights. There may thus a curtailment of what otherwise is a power plenary in character.

The Doctrine of State Immunity from Suit

There can be no legal right as against the authority that makes the law on which the right depends

GR: The State may not be sued without its consent.

Exceptions:
1. When the State consents.
• Express consent – through a general law (i.e., CA No. 327, as amended by PD No. 1445 [Sections
49-50], which requires that all money claims against the government must first be filed with the Commission on
Audit which must act upon it within sixty days. Rejection of the claim will authorize the claimant to elevate the
matter to the Supreme Court on certiorari and, in effect, sue the State thereby) or a special law. In this
jurisdiction, the general law waiving the immunity of the state from suit is found in Act No. 3083, where the
Philippine government “consents and submits to be sued upon any money claim involving liability arising from
contract, express or implied, which could serve as a basis of civil action between the private parties.”

• Implied consent:
a) When the State itself commences litigation, thus opening itself to a counterclaim
b) When it enters into a contract in the exercise of its sovereign function.(as opposed to a contract entered in its
proprietary capacity.)

Sovereign and governmental acts (jure imperii)

private, commercial and proprietary acts (jure gestionis).
State immunity now extends only to acts jure imperii
Test to determine if suit is against the State
• If the enforcement of a decision rendered against the public officer or agency impleaded require an
affirmative act from the State such as the appropriation of the needed amount to satisfy the judgment

Suit against public officers without prior consent of the State: when proper
• To compel him to do an act required by law
• To restrain him from enforcing an act claimed to be unconstitutional
• To compel the payment of damages from an already appropriated assurance fund or to refund tax
over-payments from a fund already available for the purpose
• To secure a judgment that the officer may satisfy by himself
• Where the government itself has violated its own laws
• Public official is sued in his personal capacity

Instances when a suit against the State is proper.

1) When the Republic is sued by name;

2) When the suit is against an unincorporated government agency;
3) When 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. (Sandoval,supra)

Garnishment of government funds:

GR: NO. Whether the money is deposited by way of general or special deposit, they remain government funds
and are not subject to garnishment.
EXCEPT: When a law or an ordinance has been enacted, appropriating a specific amount to pay a valid
government obligation, then the money can be garnished.

• Suability is not the same as liability

• Funds belonging to government corporations (whose charters provide that can sue and be sued)
that are deposited with a bank are not exempt from garnishment
• All money claims against the government must first be filed with the Commission on Audit before
suit is instituted in court

“Republican State” - one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.

SEC. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.

Note: The Philippines only renounces AGGRESSIVE war as an instrument of national policy, not defensive war.

Incorporation clause - adopts the generally accepted principles of international law as part of the law of the land
without need of a law passed by Congress
Since treatise become part of Philippine law by ratification, the principle of incorporation applies only to
customary law and to treatise, which have become part of customary law. (Bernas, Constitutional law)

Incase of conflict between municipal law and international law

• Efforts should first be exerted to harmonize them
• Where the conflict is irreconcilable, municipal law should be upheld

Amity with all nations - This does not mean automatic diplomatic recognition of all nations. Diplomatic
recognition remains a matter of executive discretion.

SEC.3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the
national territory.
Civilian authority/supremacy clause -
Ensured by:
1. The installation of the President, the highest civilian authority, as the commander-in-chief of all the armed
forces of the Philippines [Sec 18, Art VII]
2. The requirement that members of the AFP swear to uphold and defend the Constitution, which is the
fundamental law of the civil government {Sec 5(1), Art XVI]

Illustrative Case:

The deployment of the Marines does not constitute a breach of the civilian supremacy clause. The calling of the
marines constitutes permissible use of military assets for civilian law enforcement. (IBP v. Hon. Ronaldo B.
Zamora, G.R. No. 141284, Aug. 15, 2000, En Banc [Kapunan])

SEC. 4. The prime duty of the Government is to serve and protect the people. The Government may call upon
the people to defend the State and, in fulfillment thereof, all citizens may be required, under conditions

provided by law, to render personal, military or civil service.

Personal Service – does not contemplate money, property or their equivalent; substitutionary service is not
allowed because of the equal protection clause

The right of the Government to require compulsory military service is a consequence of its duty to defend the
State and is reciprocal with its duty to defend the life, liberty, and property of the citizen. (People vs. Lagman
and Sosa, 66 Phil 13 [1938]).

Mark of sovereignty
Positively, the military is the guardian of the people and of the integrity of the national territory and therefore
ultimately of the majesty of the law.

SEC.5. The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the
general welfare are essential for the enjoyment by all the people of the blessings of democracy.

SEC.6. The Separation of Church and State shall be inviolable.

Reinforced by:
1. freedom of religion clause;
2. non-establishment of religion clause;
3. no religious test clause [Sec 5, Art III]
4. no sectoral representative from religious sector [Sec 5(2), Art VI]
5. prohibition against appropriation for sectarian benefits [Sec 29(2), Art VI]
6. non-registration of religious denominations and sects as political parties [Sec 2(5) Art IX-C}

Exceptions:
1. churches, parsonages, etc., actually, directly and exclusively used for religious, charitable and
educational purposes shall be exempt from taxation
2. prohibition against appropriation for sectarian purposes, except when priest, etc. is assigned to the
armed forces, penal institution or government orphanage or leprosarium
3. optional religious instruction for public elementary and high school students [sec 3(3), Art XIV]; and
4. Filipino ownership requirement for educational institutions, except those established by religious
groups and mission boards [Sec 4(2), Art XIV]

SEC.7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-
determination.

SEC.8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
Policy of freedom from nuclear weapons

Note:
The policy PROHIBITS the possession, control and manufacture of nuclear weapons and nuclear
arms tests, but DOES NOT prohibit the peaceful uses of nuclear energy.

SEC.16. The State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.

While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State
Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and
political rights enumerated in the latter.

Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation
and self-perpetuation, the advancement of which may even be said to predate all governments and constitutions.
(Oposa vs. Factoran, Jr. 224 SCRA 792 [1993]

SEC.17. The State shall give priority to education, science and technology, arts, culture, and sports to foster
patriotism, accelerate social progress, and promote total human liberation and development.

Education is important for the development of the nation and thus, educational institutions are subject to
supervision and regulation.

It is to be emphasized that the Constitution allows merely the regulation and supervision of educational
institutions, NOT DEPRIVATION of their rights. (Miriam College Foundation Inc. vs. CA, 348 SCRA 265 {Dec.
15, 2000})

Academic Freedom – refers to the freedom of the university to determine who may teach, what may
be taught, how it shall be taught and who shall be admitted to study (Sweezy vs. New Hampshire, 353 US 234,
263 [1957])

SEC.26. The State shall guarantee equal access to opportunities for public service, and prohibit political
dynasties as may be defined by law.

SEC.27. The State shall maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption.

SEC.28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full
public disclosure of all its transactions involving public interest.

ARTICLE III – BILL OF RIGHTS

Civil rights - those rights that belong to every citizen of the state or country, or, in a wider sense, to all its
inhabitants, and are not connected with the organization or administration of government
Political rights - rights to participate, directly or indirectly, in the establishment or administration of government

Sec.1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be
denied the equal protection of the laws.

DUE PROCESS
Aspects of “Due Process”:

1. Procedural due process – refers to the mode of procedure which government agencies must follow
in the enforcement and application of laws.

2. Substantive due process – serves as a restriction on government’s law and rule-making powers

PROCEDURAL DUE PROCESS:

1. A law which hears before it condemns.

2. Due process of law contemplates notice and opportunity to be heard before judgment is rendered
affecting one’s person or property.
3. Due process depends on circumstances; it varies with the subject matter and the necessities of the
situation.

Requisites of PROCEDURAL due process:

For JUDICIAL proceedings:

CODE: I J H J
1. An impartial court/tribunal clothed with judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property subject
of the proceedings.
3. The defendant must be given notice and an opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.

For ADMINISTRATIVE proceedings:

CODE: H E D S H I P
1. The right to a hearing, which includes the right to present one’s case and submit evidence in
support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at the hearing or contained in the record
and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on its independent consideration of the law and
facts of the controversy.
7. The body should, in all controversial questions, render its decision in such a manner that the parties
to the proceeding can know the various issues involved and the reasons for the decision rendered. (Ang Tibay
v. CIR, 69 Phil 635)
Note:
• What is required is not actual hearing, but a real opportunity to be heard.
• The requirement of due process can be satisfied by subsequent due hearing.
• Violation of due process: when same person reviews his own decision on appeal.
• Notice and hearing are required in judicial and quasi-judicial proceedings, but not in the
promulgation of general rule.

For SCHOOL DISCIPLINARY proceedings:

CODE: W A In A D P
1. The student must be informed in writing of the nature and cause of the accusation.
2. The student shall have the right to answer the charges against him, with the assistance of counsel if desired.
3. The student has the right to be informed of the evidence against him.
4. The student has the right to adduce evidence in his own behalf.
5. The evidence must be duly considered by the investigating committee or official designated by the school
authorities to hear and decide the case.
6. The penalty imposed must be proportionate to the offense. (Ateneo de Manila v. Capulong, 222 SCRA
644)

Note:
The school has a contractual obligation to afford its students a fair opportunity to complete the
course a student has enrolled for.
Exceptions:
1. Serious breach of discipline; or
2. Failure to maintain the required academic standard.

Proceedings in student disciplinary cases may be summary; cross-examination is not essential

For CRIMINAL proceedings:

1. Accused has been heard by a court of competent jurisdiction;
2. Accused is proceeded against under the orderly processes of law;
3. Accused is given notice and opportunity to be heard; and
4. Judgment rendered within authority of constitutional law

Instances when hearings are NOT necessary:

1. When administrative agencies are exercising their quasi-legislative functions.
2. Abatement of nuisance per se.
3. Granting by courts of provisional remedies.
4. Cases of preventive suspension.
5. Removal of temporary employees in the government service.
6. Issuance of warrants of distraint and/or levy by the BIR Commissioner.
7. Cancellation of the passport of a person charged with a crime.
8. Issuance of sequestration orders
9. Judicial order which prevents an accused from traveling abroad in order to maintain the effectivity of
the court’s jurisdiction.
10. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity
problems

The right to appeal is a statutory privilege that may be exercised only in the manner in accordance with law.

Requisites of SUBSTANTIVE due process:

Code: I M
The INTERESTS of the public generally, as distinguished from those of a particular class, requires the
interference by the government and

The MEANS employed are necessary for the accomplishment of the purpose and not unduly oppressive upon
individuals.

Requirements of a valid ordinance:

CODE: Must not CUPPU, Must be GC
1. Not contrary to Constitution or any statute
2. Not unfair or oppressive
3. Not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must not be unreasonable
6. Must be general and consistent with public policy

VOID FOR VAGUENESS DOCTRINE

A law is VAGUE when it lacks COMPREHENSIBLE STANDARDS that men of ordinary intelligence must
necessarily GUESS as to its meaning and differs as to its application

Why is a VAGUE law unconstitutional?

1) it violates due process for failure to accord persons fair notice of the conduct to avoid
2) it leaves law enforcers unbridled discretion in carrying out its provisions

OVERBREADTH DOCTRINE
A government purpose may not be achieved by means, which sweep unnecessarily broadly and thereby invade
the area of protected freedoms
NOTE:
Vagueness and overbreadth are distinct from each other; a vague law must lack clarity and
precision, while an overbroad law need not
Vagueness may be applied to cases involving speech and also criminal cases
Overbreadth as an analytical tool is applicable only to cases involving speech

In order to fall within the aegis of this

provision, two conditions must concur,
namely, that there is a deprivation and
that such deprivation is done without
proper observance of due process.
When one speaks of due process of law,
however, a distinction must be made
between matters of procedure and matters
of substance. In essence, procedural due
process "refers to the method or manner by
which the law is enforced," while substantive
due process "requires that the law itself, not
merely the procedures by which the law
would be enforced, is fair, reasonable, and
just." (Corona v. United Harbor Pilots
Association of the Phils., 283 SCRA 31,
Dec. 12, 1997 [Romero])

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. It is not an absolute right and
may, thus, be invoked or rejected in a
criminal proceeding and, with more reason,
in an administrative inquiry.
While investigations conducted by an
administrative body may at times be akin to
a criminal proceeding, the fact remains that
under existing laws, a party in an
administrative inquiry may or may not be
assisted by counsel, irrespective of the
nature of the charges and of the
respondent's capacity to represent himself,
and no duty rests on such a body to furnish
the person being investigated with counsel.
In an administrative proceeding x x x a
respondent x x x has the option of engaging
the services of counsel or not. x x x Thus,
the right to counsel is not imperative in
administrative investigations because such
 inquiries are conducted merely to determine
whether there are facts that merit disciplinary
measures against erring public officers and
employees, with the purpose of maintaining
the dignity of government service.
The right to counsel is not indispensable to
due process unless required by the
Constitution or the law. X x x. (Lumiqued v.
Exevea, 282 SCRA 125, Nov. 18, 1997
[Romero])

An extraditee has no right to notice and

hearing during the evaluation stage of the
extradition process. P.D. No. 1069 which
implements the RP-US Extradition Treaty
affords an extraditee sufficient opportunity to
meet the evidence against him once the
petition is filed in court. The time for the
extraditee to know the basis of the request
for his extradition is merely moved to the
filing in court of the formal petition for
extradition. The extraditee's right to know is
momentarily withheld during the evaluation
stage of the extradition process to
accommodate the more compelling interest
of the State to prevent escape of potential
extraditees which can be precipitated by
premature information of the basis of the
request for his extradition. No less
compelling at that stage of the extradition
proceedings is the need to be more
deferential to the judgment of a co-equal
branch of the government, the Executive,
which has been endowed by our
Constitution with greater power over matters
involving our foreign relations. There is no
denial of due process as long as
fundamental fairness is assured a party.
(Secretary of Justice v. Hon. Ralph C.
Lantion, G.R. No. 139465, Oct. 17, 2000,
En Banc [Puno])

EQUAL PROTECTION OF THE LAW

The equality that it guarantees is legal equality or the equality of all persons before the law. It does not demand
absolute equality. It merely requires that all persons shall be treated alike, under like circumstances and
conditions both as to privileges conferred and liabilities enforced.

Requisites of valid classification:

CODE: SGEE
a. Rest on substantial distinctions
b. Be germane to the purposes of the law
c. Not limited to existing conditions only
d. Apply equally to all members of the same class.

Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the person or things to be seized.

General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or
warrant of arrest

Requisites for a valid warrant:

CODE: P J E D One
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized.
5. It must be in connection with One specific offense.

Definition of “PROBABLE CAUSE”

For the issuance of a warrant of arrest:

Probable cause refers to such facts and circumstances which would lead a reasonably discreet and prudent
man to believe that an offense has been committed by the person sought to be arrested.

For the issuance of a search warrant:

Probable cause would mean such facts and circumstances which would lead a reasonably discreet and prudent
man to believe that an offense has been committed and that the objects sought in connection with the offense
are in the place to be searched.

Note:
Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a
specific offender be established, unlike in the case of a warrant of arrest.

Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE”

The judge is NOT required to personally examine the complainant and his witnesses. What the Constitution
underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of
probable cause (Soliven v. Makasiar, 167 SCRA 394). To be sure, the Judge must go beyond the prosecutor’s
certification and investigation report whenever necessary (Lim v. Felix).

Procedure:
1. The judge personally evaluates the report and supporting documents submitted by the fiscal
regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest or
2. If on the basis thereof, the judge finds no probable cause, he may disregard the prosecutor’s report
and require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion as to the
existence of probable cause.

Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES”

1. The oath required must refer to
the truth of the facts within the personal
knowledge of the complainant or his
witnesses because the purpose is to
convince the judge of the existence of
probable cause.
2. The true test of sufficiency of
an affidavit to warrant the issuance of a
search warrant is whether it has been drawn
in such a manner that perjury could be
 charged thereon and affiant be held liable
for the damages caused. (Alvarez v. CFI,
64 Phil. 33)

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)

1. A search warrant may be said to particularly describe the things to be seized when the description
therein is as specific as the circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact – not of law – by which the warrant officer may
be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to the offense for which
the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA 823).

JOHN DOE WARRANT - A “John Doe” warrant can satisfy the requirement of particularity of description if it
contains a descriptio personae such as will enable the officer to identify the accused (People v. Veloso, 48 Phil.
159)

GENERAL WARRANT - A general warrant is one that does not allege any specific acts or omissions constituting
the offense charged in the application for the issuance of the warrant. It contravenes the explicit demand of the
Bill of Rights that the things to be seized be particularly described.

VALID WARRANTLESS SEARCH

1. when right has been voluntarily waived
2. as an incident to a lawful arrest, provided search is contemporaneous to arrest and within
permissible area of search
• a valid arrest must precede the search; the process cannot be reversed
3. Searches of vessel and aircraft for violation of fishery, immigration and customs laws
4. Searches of automobiles at borders or constructive borders for violation of immigration and smuggling laws
5. inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations
6. Visual search at checkpoints
7. Conduct of areal target zoning and “saturation drive” in the exercise of military powers of the President
8. When there is a genuine reason to “stop-and-frisk” in the light of the police officer’s experience and
surrounding conditions to warrant a belief that the person detained has weapons concealed
9. Where prohibited articles are in plain view
10. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs Code
The Tariffs and Customs Code authorizes persons having police authority under the Code to effect search and
seizures without a search warrant to enforce customs laws.

Exception:
A search warrant is required for the search of a dwelling house.
Searches under this exception include searches at borders and ports of entry. Searches in these areas do not
require the existence of probable cause

1. Seizure of evidence in plain view

A. There was a prior intrusion

B. The evidence was inadvertently discovered
C. The evidence is immediately apparent
D. Plain view is justified seizure without further search.

2. Waiver of right

A. Requisites of a valid waiver:

i. The right exists.
ii. The person had actual or constructive knowledge of the existence of such right.
iii. There is an actual intention to relinquish such right.

B. The right against unreasonable searches and seizures is a personal right. Thus, only the person being
searched can waive the same.
C. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver.
D. The search made pursuant to the waiver must be made within the scope of the waiver.

Note:
Checkpoints: as long as the vehicle is neither searched nor its occupants subjected to a body
search and the inspection of the vehicle is limited to a visual search = valid search

The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by judges, but the
Commissioner of Immigration may order the arrest of an alien in order to carry out a FINAL deportation order.

It is clear that an object is in plain view if

the object itself is plainly exposed to sight.
The difficulty arises when the object is inside
a closed container. Where the object seized
was inside a closed package, the object
itself is not in plain view and therefore
cannot be seized without a warrant.
However, if the package 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. In other words, if the package is
such that an experienced observer could
infer from its appearance that it contains the
prohibited article, then the article is deemed
in plain view. It must be immediately
apparent to the police that the items that
they observe may be evidence of a crime,
contraband or otherwise subject to seizure.
(People v. Doria, 301 SCRA 668, Jan. 22,
1999, En Banc [Puno, J.])

VALID WARRANTLESS ARRESTS

1. When the person to be arrested has committed, is actually committing, or is about to commit an offense in
the presence of the arresting officer. (in flagrante delicto)

2. When an offense has in fact just been committed and the arresting officer has personal knowledge of facts
indicating that the person to be arrested has committed it. (hot pursuit)

3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where
he is serving final judgment or temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.

Waiver of an invalid arrest: When a person who is detained applies for bail, he is deemed to have waived any
irregularity which may have occurred in relation to his arrest. However, when a person who is detained applies
for bail, before he enters a plea, he is not barred from later questioning the legality of his arrest.

4. Hot pursuit

A. The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the
offense to the time of the arrest.
B. There must be no supervening event which breaks the continuity of the chase.

5. Stop and frisk

When a policeman observes suspicious activity which leads him to believe that a crime is about to be committed,
he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection.
Should he find, however, a weapon on the suspect which is unlicensed, he can arrest such person then and
there for having committed an offense in the officer’s presence.

NOTE:
Probable cause is the minimal requirement for the validity of either a warrantless arrest or a
warrantless search

Distinguish determination of probable cause by the prosecutor and determination of probable cause by the
judge.

PROSECUTO JUDGE
R
Purpose whether there whether a
is a reasonable warrant of
ground to arrest
believe should be
that the issued
accused against the
is guilty of the accused,
offense i.e.,
charged whether
and should be there
held for trial is a
necessity
for placing
under
immediate
custody

The particularization of the description of the place to be searched may properly be done only by
the Judge, and only in the warrant itself; it cannot be left to the discretion of the police officers conducting the
search.

What is material in determining the validity

of a search is the place stated in the warrant
itself, not what applicants had in their
thoughts, or had represented in the proofs
they submitted to the court issuing the
warrant. (People v. Court of Appeals, 291
SCRA 400, June 26, 1998 [Narvasa])

The constitutional protection refers to the

immunity of one's person from interference
by government and it cannot be extended to
acts committed by private individuals so as
to bring it within the ambit of alleged
unlawful intrusion. (People v. Mendoza,
301 SCRA 66, Jan. 18, 1999, 1st Div.
[Melo])

Regional Trial Courts are devoid of any competence to pass upon the validity or regularity of seizure
and forfeiture proceedings conducted by the Bureau of Customs and to enjoin or otherwise interfere with these
proceedings. The Collector of Customs sitting in seizure and forfeiture proceedings has exclusive jurisdiction to
hear and determine all questions touching on the seizure and forfeiture of dutiable goods. The RTCs are
precluded from assuming cognizance over such matters even through petitions of certiorari, prohibition or
mandamus.

Sec.3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwise as prescribed by law. (2) any evidence obtained in
violation of this or the preceding section shall be inadmissible for any purpose in any proceedings.

R.A. 4200 (Anti-Wiretapping Act)

The law does not distinguish between a
party to the private communication or a third
person. Hence, both a party and a third
person could be held liable under R.A. 4200
if they commit any of the prohibited acts
under R.A. 4200 (Ramirez v. CA)

The use of a telephone extension to

overhear a private conversation is not a
violation of R.A. 4200 because it is not
similar to any of the prohibited devices
under the law. Also, a telephone extension
is not purposely installed for the purpose of
secretly intercepting or recording private
communication. (Gaanan v. IAC, 145
SCRA 112)

Types of communication protected: Letters, messages, telephone calls, telegrams and the like.

Exclusionary rule: Any evidence obtained shall be inadmissible for any purpose in any proceeding. However, in
the absence of governmental interference, the protection against unreasonable search and seizure cannot be
extended to acts committed by private individuals.

Constitutional right to privacy

The essence of privacy is the “right to

be let alone.” It is protected by the
guarantee of due process over liberty, the
right against unreasonable searches and
seizures, the right to privacy of
communications, liberty of abode, the right
to form associations, and the right against
self incrimination. (Ople v. Torres, G.R. No.
127685, July 23, 1998 [Puno])

Zones of privacy protected in our laws

The Civil Code provides that “[e]very person

shall respect the dignity, personality, privacy
and peace of mind of his neighbors and
other persons” and punishes as actionable
torts several acts by a person of meddling
and prying into the privacy of another. It
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 RPC makes a crime the violation of
secrets by an officer, the revelation of trade
and industrial secrets, and trespass to
dwelling. Invasion of privacy is an offense in
special laws like the Anti-Wiretapping Law,
the Secrecy of Bank Deposits and the
Intellectual Property Code. The Rules of
Court on privileged communication likewise
recognize the privacy of certain information
(Section 24, Rule 130[c], Revised Rules on
Evidence). (Ople v. Torres, G.R. No.
127685, July 23, 1998 [Puno])

In camera inspection of bank accounts be allowed under the following circumstances:

1) Where the depositor consents in writing;

2) Impeachment cases;
3) By court order in bribery or dereliction of duty cases against public officials;
4) Deposit is subject of litigation;
5) Sec. 8, R.A. No. 3019, in cases of unexplained wealth as held in the case of PNB v. Gancayco (122 Phil.
503, 508 [1965]).

Requisites:
1. There must be a pending case before a court of competent jurisdiction.
2. Account must be clearly identified
3. Inspection must be limited to the subject matter of the pending case before the court of competent
jurisdiction
4. Bank personnel and account holder must be notified to be present during the inspection, and
5. Such inspection may cover only the account identified in the pending case.

Exceptions to the absolute confidentiality of bank deposits:

1) In an examination made in the course of a special or general examination of a bank that is
specifically authorized by the Monetary Board after being satisfied that there is reasonable ground to believe that
a bank fraud or serious irregularity has been or is being committed and that it is necessary to look into the
deposit to establish such fraud or irregularity,
2) In an examination made by an independent auditor hired by the bank to conduct its regular audit
provided that the examination is for audit purposes only and the results thereof shall be for the exclusive use of
the bank,
3) Upon written permission of the depositor,
4) In cases of impeachment,
5) Upon order of a competent court in cases of bribery or dereliction of duty of public officials, or
6) In cases where the money deposited or invested is the subject matter of the litigation”.

Sec. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of
the people peaceably to assemble and petition the government for redress of grievances.

Protected speech includes every form of expression, whether oral, written, tape or disc recorded.
It includes motion pictures as well as what is known as symbolic speech such as the wearing of an armband as
a symbol of protest. Peaceful picketing has also been included within the meaning of speech.

Prohibitions under Section 4

1. Prohibition against PRIOR RESTRAINT
2. Prohibition against SUBSEQUENT PUNISHMENT

Prohibition against prior restraint

Prior restraint means official governmental restrictions on the press or other forms of expression in advance of
actual publication or dissemination.

Examples/forms of prior restraint:

a. movie censorship
b. judicial prior restraint = injunction against publication
c. license taxes based on gross receipts for the privilege of engaging in the business of advertising in any
newspaper
d. flat license fees for the privilege of selling religious books

When prohibition does not apply

a. During a war. Ex. Government can prevent publication about the number/locations of its troops (Near v.
Minnesota, 238 US 697)
b. Obscene publications.
c. Security of community life may be protected against incitements to acts of violence or overthrow by force of
orderly government

When is a Government control-based regulation justified?

a. It is within the constitutional power of the government;
b. It furthers an important or substantial government interest;
c. The governmental interest is unrelated to the suppression of free expression; and
d. The incidental restriction is no greater than is essential to the furtherance of the interest

Standards for allowable subsequent punishment

TEST CRITERION
Dangerous There should be a
Tendency RATIONAL CONNECTION
Test between the speech and the
evil apprehended. (focus on
CONTENT)
Clear and There should be a clear and
Present present danger that the
Danger Test words when used under
such circumstances are of
such a nature as to create a
CLEAR AND PRESENT
DANGER that they will bring
about the substantive evils
that the State has a right to
prevent. (focus on
CONTENT & CONTEXT)
Balancing The courts should
of Interests BALANCE the PUBLIC
Test INTEREST served by
legislation on one hand and
the FREEDOM OF SPEECH
(or any other constitutional
right) on the other. The
courts w ill then decide
where the greater weight
should be placed.(focus on
weighing Government and
Private interest

Freedom of Speech - The doctrine on freedom of speech was formulated primarily for the protection of “core”
speech, i.e. speech which communicates political, social or religious ideas. These enjoy the same degree of
protection. Commercial speech, however, does not.

Commercial Speech
A communication which no more than proposes a commercial transaction.

To enjoy the protection:

a. It must not be false or misleading; and
b. It should not propose an illegal transaction.

Even truthful and lawful commercial speech may be regulated if:

a. Government has a substantial interest to protect;
b. The regulation directly advances that interest; and
c. It is not more extensive than is necessary to protect that interest. (Central
Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US 557)

Unprotected Speech
1. LIBEL

A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and are not considered
actionable, even if the words used are neither mild nor temperate. What is important is that the opinion is the
true and honest opinion of the person. The statements are not used to attack personalities but to give one’s
opinion on decisions and actions.

Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action
for libel or slander. The doctrine of fair comment means that while in general, every discreditable imputation
publicly made is deemed false, because every man is presumed innocent until his guilt is judicially 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; unless it be a false allegation of fact or a
comment based on a false supposition. If the comment is an expression of opinion, based on facts, then it is
immaterial that the opinion happens to be mistaken as long as it might reasonably be inferred from the facts.
(Borjal v. CA, 301 SCRA 1)

disregard of whether it was false or not.

The raison d’etre for the New York Times
doctrine was that to require critics of official
conduct to guarantee the truth of all their
factual assertions on pain of libel
judgments would lead to self-censorship,
since would-be critics would be deterred
from voicing out their criticisms even if
such were believed to be true, or were in
fact true, because of doubt whether it could
be proved or because of fear of the
expense of having to prove it. (Borjal v.
CA,supra.)
B. OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a
newsworthy event), opinions can be aired regarding their public actuations. Comment on their private lives, if
not germane to their public personae, are not protected.

2. OBSCENITY

A. Test for obscenity (Miller v. California)

i. Whether the average person, applying contemporary community standards would find that the work, taken
as a whole, appeals to the prurient interest.
ii. Whether the work depicts or describes, in a patently offensive way, sexual conduct, specifically defined by
law.
iii. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

B. Procedure for seizure of allegedly obscene publications

i. Authorities must apply for issuance of search warrant.

ii. Court must be convinced that the materials are obscene. Apply clear and present danger test.
iii. Judge will determine whether they are in fact “obscene”.
iv. Judge will issue a search warrant.
v. Proper action should be filed under Art. 201 of the RPC.
vi. Conviction is subject to appeal.

“Raison d’etre” for the New York Times v. Sullivan (376 US 254) holding that honest criticisms on the conduct of
public officials and public figures are insulated from libel judgments.

The guarantees of freedom of speech

and press prohibit a public official or public
figure from recovering damages for a
defamatory falsehood relating to his official
conduct unless he proves that the statement
was made with actual malice, i.e., with
knowledge that it was false or with reckless

Content-based Content-neutral
Restrictions Restrictions
imposed because of not concerned with
the the
content of the content of the speech
speech
these restrictions are these regulations
need only
censorial and a substantial
therefore governmental
they bear a heavy interest to support
them
Presumption of
Constitutional
invalidity
they will be tested for the clear-and-present
possible overbreadth danger rule is
and inappropriate
vagueness as a test for
determining the
constitutional validity
of laws
distort public debate, no such reasons
have underlie
improper motivation, content neutral
and regulations
are usually imposed like regulation of time,
because place
of fear of how people and manner of
will holding
react to a particular public assemblies
speech under
B.P. Blg 880 (Public
Assembly Act of
 1985)

Public Figue
X x x a person who, by his
accomplishments, fame, mode of living, or
by adopting a profession or calling which
gives the public a legitimate interest in his
doings, his affairs and his character, has
become a ‘public personage.’ He is, in other
words, a celebrity. Obviously, to be included
in these categories are those who have
achieved some degree of reputation by
appearing before the public, as in the case
of an actor, a professional athlete, or any
other entertainer. The list is, however,
broader than this. It includes public officers,
famous inventors and explorers, war heroes
and even ordinary soldiers, or infant prodigy.
It includes, in short, anyone who has arrived
at a position where the public attention is
focused upon him as a person. (Borjal v.
CA, supra)

Right of Assembly and Petition

1. The standards for allowable impairment of speech and press also apply to the right of assembly and petition.

2. Rules on assembly in public places:

i. Applicant should inform the licensing authority of the date, the public place where and the time when the
assembly will take place.
ii. The application should be filed ahead of time to enable the public official concerned to appraise whether
there are valid objections to the grant of the permit or to its grant, but in another public place. The grant or
refusal should be based on the application of the Clear and Present Danger Test.
iii. If the public authority is of the view that there is an imminent and grave danger of a substantive evil, the
applicants must be heard on the matter.
iv. The decision of the public authority, whether favorable or adverse, must be transmitted to the applicants at
the earliest opportunity so that they may have recourse to the proper judicial authority.

3. Rules on assembly in private properties: Only the consent of the owner of the property or person entitled to
possession thereof is required.

BAYAN vs. ERMITA (GR No. 169838);

Jesus del Prado vs. Ermita (GR No.
169848); KMU vs. Hon. Exec. Sec. (GR
No. 169881), April 25, 2006

FACTS: Petitioners come in three groups.

All petitioners assail Batas Pambansa No.
880, (entitled An Act Ensuring The Free
Exercise By The People Of Their Right
Peaceably To Assemble And Petition The
Government [And] For Other Purposes)
some of them in toto and others only
Sections 4, 5, 6, 12, 13(a), and 14(a), as
well as the policy of CPR on the following
grounds:
(a) That it is a violation of the
Constitution and the International Covenant
on Civil and Political Rights and other
human rights treaties of which the
Philippines is a signatory;
(b) The law delegates powers to
the Mayor without providing clear standards.
The two standards stated in the laws (clear
and present danger and imminent and grave
danger) are inconsistent.
(c) It also curtails the choice of
venue and is thus repugnant to the freedom
of expression clause as the time and place
of a public assembly form part of the
message for which the expression is sought.
(d)It is unconstitutional as it is a curtailment
of the right to peacefully assemble and
petition for redress of grievances because it
puts a condition for the valid exercise of that
right.
(e) It also characterizes public assemblies
without a permit as illegal and penalizes
them and allows their dispersal. Thus, its
provisions are not mere regulations but are
actually prohibitions.
(f) That the Constitution sets no limits on the
right to assembly and therefore B.P. No. 880
cannot put the prior requirement of securing

a permit. And even assuming that the

legislature can set limits to this right, the limits
provided are unreasonable: First, allowing the
Mayor to deny the permit on clear and
convincing evidence of a clear and present
danger is too comprehensive. Second, the
five-day requirement to apply for a permit is
too long as certain events require instant
public assembly, otherwise interest on the
issue would possibly wane.

Regarding the CPR policy:

(a) It is void for being an ultra vires
act that alters the standard of maximum
tolerance set forth in B.P. No. 880, aside from
being void for being vague and for lack of
publication.
(b) They argue that it is preemptive,
that the government takes action even before
the rallyists can perform their act, and that no
law, ordinance or executive order permit on
the basis of a rally's program content or the
statements of the speakers therein, except
under the constitutional precept of the "clear
and present danger test." The status of B.P.
No. 880 as a content-neutral regulation has
been recognized in Osmeña v. Comelec.
(d) Adiong v. Comelec held that B.P.
No. 880 is a content-neutral regulation of the
time, place and manner of holding public
assemblies and the law passes the test for
such regulation, namely, these regulations
need only a substantial governmental interest
to support them.
(e) Sangalang v. Intermediate
Appellate Court held that a local chief
executive has the authority to exercise police
power to meet "the demands of the common
good in terms of traffic decongestion and
public convenience." Furthermore, the
discretion given to the mayor is narrowly
circumscribed by Sections 5 (d), and 6 (a), (b),
(c), (d), (e), 13 and 15 of the law.
(f) The standards set forth in the law
are not inconsistent. "Clear and convincing
evidence that the public assembly will create a
clear and present danger to public order,
public safety, public convenience, public

morals or public health" and "imminent and

grave danger of a substantive evil" both
express the meaning of the "clear and present
danger test."
(g) CPR is simply the responsible and
judicious use of means allowed by existing
laws and ordinances to protect public interest
and restore public order. Thus, it is not
accurate to call it a new rule but rather it is a
more pro-active and dynamic enforcement of
existing laws, regulations and ordinances to
prevent chaos in the streets. It does not
replace the rule of maximum tolerance in B.P.
No. 880.
(h) That the petition should be dismissed on
the ground that Republic Act No. 7160 gives
the Mayor power to deny a permit
independently of B.P. No. 880; that his denials
of permits were under the "clear and present
danger" rule as there was a clamor to stop
rallies that disrupt the economy and to protect
the lives of other people.

ISSUE: Whether or not the BP 880 and CPR

policy are unconstitutional?

HELD: As stated in the constitution Section 4

of Article III::
SEC. 4. No law shall be passed abridging
the freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances.
The first point to mark is that the right to
peaceably assemble and petition for redress of
grievances is, together with freedom of speech,
of expression, and of the press, a right that
enjoys primacy in the realm of constitutional
protection. For these rights constitute the very
basis of a functional democratic polity, without
which all the other rights would be meaningless
and unprotected. Will all the cases decided by
the SC it had already upheld the right to
assembly and petition. The Court likewise
sustained the primacy of freedom of speech
and to assembly and petition over comfort and
convenience in the use of streets and parks.
Next, however, it must be remembered that the
right, while sacrosanct, is not absolute. But it is
a settled principle growing out of the nature of
well-ordered civil societies that the exercise of
those rights is not absolute for it may be so
regulated that it shall not be injurious to the
equal enjoyment of others

having equal rights, nor injurious to the

rights of the community or society. The
power to regulate the exercise of such and
other constitutional rights is termed the
sovereign "police power," which is the power
to prescribe regulations, to promote the
health, morals, peace, education, good
order or safety, and general welfare of the
people.
It is very clear, therefore, that B.P. No. 880 is
not an absolute ban of public assemblies
but a restriction that simply regulates the
time, place and manner of the assemblies.
A fair and impartial reading of B.P. No. 880
thus readily shows that it refers to all kinds
of public assemblies that would use public
places. The reference to "lawful cause" does
not make it content-based because
assemblies really have to be for lawful
causes; otherwise they would not be
"peaceable" and entitled to protection.
Neither are the words "opinion," "protesting"
and "influencing" in the definition of public
assembly content based, since they can
refer to any subject. The words "petitioning
the government for redress of grievances"
come from the wording of the Constitution,
so its use cannot be avoided. Finally,
maximum tolerance is for the protection and
benefit of all rallyists and is independent of
the content of the expressions in the rally.
Furthermore, the permit can only be denied
on the ground of clear and present danger
to public order, public safety, public
convenience, public morals or public health.
This is a recognized exception to the
exercise of the right even under the
Universal Declaration of Human Rights and
the International Covenant on Civil and
Political Rights.
Not every expression of opinion is a public
assembly. The law refers to "rally,
demonstration, march, parade, procession
or any other form of mass or concerted
action held in a public place." So it does not
cover any and all kinds of gatherings.
Neither is the law overbroad. It regulates the
exercise of the right to peaceful assembly
and petition only to the extent needed to
avoid a clear and present danger of the
substantive evils Congress has the right to
prevent.
As to the delegation of powers to the
mayor, the law provides a precise and
sufficient standard — the clear and present
danger test stated in Sec. 6(a). The
reference to "imminent and grave danger of

a substantive evil" in Sec. 6(c) substantially

means the same thing and is not an
inconsistent standard. As to whether
respondent Mayor has the same power
independently under Republic Act No. 7160 is
thus not necessary to resolve in these
proceedings, and was not pursued by the
parties in their arguments.

The Court now comes to the matter of the

CPR. As stated earlier, the Solicitor General
has conceded that the use of the term
should now be discontinued, since it does
not mean anything other than the maximum
tolerance policy set forth in B.P. No. 880.
At any rate, the Court rules that in view of
the maximum tolerance mandated by B.P.
No. 880, CPR serves no valid purpose if it
means the same thing as maximum
tolerance and is illegal if it means something
else. Accordingly, what is to be followed is
and should be that mandated by the law
itself, namely, maximum tolerance, which
specifically means the highest degree of
restraint that the military, police and other
peace keeping authorities shall observe
during a public assembly or in the dispersal
of the same under Section 3
Furthermore, there is need to address the
situation adverted to by petitioners where
mayors do not act on applications for a
permit and when the police demand a
permit and the rallyists could not produce
one, the rally is immediately dispersed. In
such a situation, as a necessary
consequence and part of maximum
tolerance, rallyists who can show the police
an application duly filed on a given date can,
after two days from said date, rally in
accordance with their application without the
need to show a permit, the grant of the
permit being then presumed under the law,
and it will be the burden of the authorities to
show that there has been a denial of the
application, in which case the rally may be
peacefully dispersed following the
procedure of maximum tolerance prescribed
by the law.
In sum, this Court reiterates its basic policy
of upholding the fundamental rights of our
people, especially freedom of expression
and freedom of assembly. In several policy
addresses, Chief Justice Artemio V.
Panganiban has repeatedly vowed to
uphold the liberty of our people and to
nurture their prosperity. He said that "in
cases involving liberty, the scales of justice
should weigh heavily against the
government and in favor

of the poor, the oppressed, the marginalized,

the dispossessed and the weak. Indeed, laws
and actions that restrict fundamental rights
come to the courts with a heavy presumption
against their validity. These laws and actions
are subjected to heightened scrutiny."

For this reason, the so-called calibrated

preemptive response policy has no place in
our legal firmament and must be struck
down as a darkness that shrouds freedom.
It merely confuses our people and is used
by some police agents to justify abuses. On
the other hand, B.P. No. 880 cannot be
condemned as unconstitutional; it does not
curtail or unduly restrict freedoms; it merely
regulates the use of public places as to the
time, place and manner of assemblies. Far
from being insidious, "maximum tolerance"
is for the benefit of rallyists, not the
government. The delegation to the mayors
of the power to issue rally "permits" is valid
because it is subject to the constitutionally-
sound "clear and present danger" standard.
In this Decision, the Court goes even one
step further in safeguarding liberty by giving
local governments a deadline of 30 days
within which to designate specific freedom
parks as provided under B.P. No. 880. If,
after that period, no such parks are so
 identified in accordance with Section 15 of
the law, all public parks and plazas of the
municipality or city concerned shall in effect
be deemed freedom parks; no prior permit
of whatever kind shall be required to hold an
assembly therein. The only requirement will
be written notices to the police and the
mayor's office to allow proper coordination
and orderly activities.
WHEREFORE, the petitions are GRANTED
in part, and respondents, more particularly
the Secretary of the Interior and Local
Governments, are DIRECTED to take all
necessary steps for the immediate
compliance with Section 15 of Batas
Pambansa No. 880 through the
establishment or designation of at least one
suitable freedom park or plaza in every city
and municipality of the country. After thirty
(30) days from the finality of this Decision,
subject to the giving of advance notices, no
prior permit shall be required to exercise the
right to peaceably assemble and petition in
the public parks or plazas of a city or
municipality that has not yet complied with
Section 15 of the law. Furthermore,
Calibrated Preemptive Response (CPR),

insofar as it would purport to differ from or be

in lieu of maximum tolerance, is NULL and
VOID and respondents are ENJOINED to
REFRAIN from using it and to STRICTLY
OBSERVE the requirements of maximum
tolerance. The petitions are DISMISSED in all
other respects, and the
CONSTITUTIONALITY of Batas Pambansa
No. 880 is SUSTAINED.

Video footages of court hearings for news purposes shall be restricted and limited to shots of the
courtroom, the judicial officers, the parties and their counsel taken prior to the commencement of official
proceedings. No video shots or photographs shall be permitted during the trial proper. (SC En Banc
Resolution Re: Live TV and Radio Coverage of the Hearing of President Aquino's Libel Case, Oct. 22,
1991)

A public trial is not synonymous with

publicized trial; it only implies that the court
doors must be open to those who wish to
come, sit in the available seats, conduct
themselves with decorum and observe the
trial process.
(Re: Request Radio-TV coverage of the
Trial in the Sandiganbayan of the Plunder
Cases against the former President
Joseph E. Estrada, A.M. No. 01-4-03-SC,
June 29, 2001, En Banc [Vitug])

Sec 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.
The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Clauses under Section 5

Non-establishment clause
Free exercise of Religion

Distinction between the clauses (School District v. Schempp, 374 US 203)

Non-establishment clause
SCOPE:
a) State cannot set up a church;
b) Cannot pass laws which aid one religion, all religions or prefer one over another;
c) Cannot influence a person to go to or remain away from church against his will; nor
d) Force him to profess a belief or disbelief in any religion

Requisites for government aid to be allowable:

a. It must have a secular legislative purpose;
b. It must have a primary effect that neither advances nor inhibits religion;
c. It must not require excessive entanglement with recipient institutions.

Free exercise of religion clause

Dual aspect of freedom of religious belief and worship:
a. Freedom to believe – absolute
b. Freedom to act on one’s belief - subject to government regulation.
To compel students to take part in a flag ceremony when it is against their religious beliefs will
violate their religious freedom. (Ebralinag v. The Division Superintendent of Schools of Cebu, 219 SCRA
256)
The exemption of members of a religious group from the coverage of a closed shop agreement
between their employer and a union is upheld because it would violate the teaching of their church not to join
any labor group. (Victoriano v Elizalde Rope Workers’ Union, 59 SCRA 54)
A pre-taped TV program shown to be attacking another religion can be reviewed by the MTRCB for
“when religion divides and its exercise destroys, the State should not stand still. However, MTRCB cannot
squelch the speech simply because it attacks another religion. The establishment clause of freedom of religion
prohibits the State from leaning towards any religion. (INC v. CA, 259 SCRA 529)
To require a government permit before solicitation for religious purpose may be allowed is to lay a
prior restraint on the free exercise of religion. Such restraint, if allowed, may well justify requiring a permit before
a church can make Sunday collections or enforce tithing. To read the Decree, therefore, as including within its
reach solicitations for religious purposes would be to construe it in a manner that it violates the Free Exercise of
Religion Clause of the Constitution. (Concurring Opinion, Mendoza, V.V., J., in Centeno v. Villalon-
Pornillos, 236 SCRA 197, Sept. 1, 1994)

Purely ecclesiastical affair to which the State can not meddle?

• “one that concerns doctrine, creed, or form of worship of the church, or

• the adoption and enforcement within a religious association of needful laws and regulations for the
government of the membership, and
• the power of excluding from such associations those deemed not worthy of membership.”

Based on this definition, an ecclesiastical affair involves the relationship between the church and its members
and relate to matters of faith, religious doctrines, worship and governance of the congregation. Examples:
• proceedings for excommunication,
• ordinations of religious ministers,
• administration of sacraments and
• other activities with attached religious significance. (Pastor D.V. Austria v. NLRC, G.R. No. 124382, Aug.
16, 1999)

Sec.6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of
national security, public safety or public health, as may be provided by law.
Rights guaranteed under Section 6:
1. Freedom to choose and change one’s place of abode.
2. Freedom to travel within the country and outside.

Curtailment of rights:

RIGHT MANNER OF CURTAILMENT

Liberty of Lawful order of the court and
abode within the limits prescribed by
law.
Right to May be curtailed even by
travel administrative officers (ex.
passport officers) in the interest
of national security, public safety,
or public health, as may be
provided by law.

Note:
The right to travel and the liberty of abode are distinct from the right to return to one’s country, as
shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate
guarantees for these. Hence, the right to return to one’s country is not covered by the specific right to travel and
liberty of abode. (Marcos v. Manglapus)

LIMITATIONS:
• Liberty of abode – upon lawful order of the court
• Right to travel
In the interest of national security, public safety or public health, as may be provided by law;
Any person on bail

Sec.7. The right of the people to information on matters of public concern shall be recognized.

Rights guaranteed under Section 7

1. Right to information on matters of public concern
2. Right of access to official records and documents

v Persons entitled to the above rights- Only Filipino citizens.

Discretion of government - The government has discretion with respect to the authority to determine what
matters are of public concern and the authority to determine the manner of access to them.

Recognized restrictions on the right of the people to information:

1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations
(Chavez v. PCGG, 299 SCRA 744)

Sec.8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law, shall not be abridged.

The right to form associations shall not be impaired without due process of law and is thus an
aspect of the right of liberty. It is also an aspect of the freedom of contract. In addition, insofar as the
associations may have for their object the advancement of beliefs and ideas, the freedom of association is an
aspect of the freedom of speech and expression, subject to the same limitation.

The right also covers the right not to join an association.

Government employees have the right to form unions.

Sec.9. Private property shall not be taken for public use without just compensation.

See Power of Eminent Domain

Sec.10. No law impairing the obligation of contracts shall be passed.

When does a law impair the obligation of contracts:

• If it changes the terms and conditions of a legal contract either as to the time or mode of
performance
• If it imposes new conditions or dispenses with those expressed

• If it authorizes for its satisfaction something different from that provided in its terms.

A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract, and which
still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts.

A valid exercise of police power is superior to obligation of contracts.

Sec.11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to
any person by reason of poverty.
Sec.12. Rights of person under investigation for the commission of an offense.

Rights of person under investigation for the Commission of an offense (MIRANDA RIGHTS)
• Right to be informed of his right to remain silent and of counsel
• Right to be reminded that if he waives his right to remain silent, anything he says can and will be used
against him
• Right to remain silent
• Right to have competent and independent counsel, preferably of his own choice
• Right to be provided with the services of counsel if he cannot afford the services of one.
• No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used
against him
• Secret detention places, solitary incommunicado, or other similar forms of detention are prohibited
• Confessions or admissions obtained in violation of these rights are inadmissible as evidence.

When rights are available:

• AFTER a person has been taken into custody or
• When a person is otherwise deprived of his freedom of action in any significant way.
• When the investigation is being conducted by the government (police, DOJ, NBI) with respect to a criminal
offense.
• Signing of arrest reports and booking sheets.

The rights under Sec. 12, Art III are available when the investigation is no longer a general inquiry
unto an unsolved crime but has begun to focus on a particular suspect, as when the suspect has been taken into
police custody and the police carry out a process of interrogation that lends itself to eliciting incriminating
statements

When rights are not available:

1) During a police line-up.
Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context
of a formal investigation.
4) Statements made to a private person.

Exclusionary rule
1) Any confession or admission obtained in violation of this section shall be inadmissible in evidence
against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible,
being the fruit of a poisoned tree.

Requisites of valid waiver:

1) Made voluntarily, knowingly, and intelligently
2) Waiver should be made in WRITING
3) Waiver should be made in the PRESENCE OF COUNSEL.

What rights may be waived:

1) The right to remain silent;
2) The right to counsel

Waiver must be in writing and in the presence of counsel

What rights cannot be waived:

1) The right to be informed of his right to remain silent and to counsel;
2) The right to counsel when making the waiver of the right to remain silent or to counsel

Duties which the arresting, detaining, inviting, or investigating officer or his companions must do and observe at
the time of making an arrest and again at and during the time of the custodial interrogation.

In accordance with the Constitution, jurisprudence and Republic Act No. 7438 (An Act Defining Certain
Rights of Person Arrested, Detained or Under Custodial Investigation as well as the Duties of the
Arresting, Detaining, and Investigating Officers and Providing Penalties for Violations Thereof,) these
are the following:
1) The person arrested, detained, invited or under custodial investigation must be informed in a language
known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest, if any.
Every other warnings, information or communication must be in a language known to and understood by said
person;
2) He must be warned that he has a right to remain silent and that any statement he makes may be used as
evidence against him;
3) He must be informed that he has the right to be assisted at all times and have the presence of an
independent and competent lawyer, preferably of his own choice;
4) He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided
for him; and that a lawyer may also be engaged by any person in his behalf, or may be appointed by the court
upon petition of the person arrested or one acting on his behalf;
5) That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in
any form shall be conducted except in the presence of his counsel of after a valid waiver has been made;
6) The person arrested must be informed that, at any time, he has the right to communicate or confer by the
most expedient means - telephone, radio, letter or messenger - with his lawyer (either retained or appointed),
any member of his immediate family, or any medical doctor, priest or minister chosen by him or by any one from
his immediate family or by his counsel, or be visited by/confer with duly accredited national or international non-
government organization. It shall be the responsibility of the officer to ensure that this is accomplished;
7) He must be informed that he has the right to waive any of said rights provided it is made voluntarily,
knowingly and intelligently and ensure that he understood the same;
8) In addition, if the person arrested waives his right to a lawyer, he must be informed that it must be done in
writing and in the presence of counsel, otherwise, he must be warned that the waiver is void even if he insist on
his waiver and chooses to speak;
9) That the person arrested must be informed that he may indicate in any manner at any time or stage of the
process that he does not wish to be questioned with warning that once he makes such indication, the police may
not interrogate him if the same had not yet commenced, or the interrogation must cease if it has already begun;
10) The person arrested must be informed that his initial waiver of his right to remain silent, the right to counsel
or any of his rights does not bar him from invoking it at any time during the process, regardless of whether he
may have answered some questions or volunteered some statements;
11) He must also be informed that any statement or evidence, as the case may be, obtained in violation of any
of the foregoing, whether inculpatory or exculpatory, in whole or in part, shall be admissible in evidence. (People
v. Mahinay, 302 SCRA 455, Feb. 1, 1999, En Banc [Per Curiam])

Kinds of information that is required to be given by law enforcement officers to suspect during custodial
investigation.

[I]t is settled that one’s right to be informed

of the right to remain silent and to counsel
contemplates the transmission of
meaningful information rather just the
ceremonial and perfunctory recitation of an
abstract constitutional principle. It is not
enough for the interrogator to merely
repeat to the person under investigation
the provisions of Section 12, Article III of
the 1987 Constitution; the former must
also explain the effects of such provision
in practical terms – e.g., what the person
under investigation may or may not do –
and in a language the subject fairly
understands. The right to be informed
carries with it a correlative obligation on the
part of the police investigator to explain, and
contemplates effective communication
which results in the subject’s understanding
of what is conveyed. Since it is
comprehension that is sought to be attained,
the degree of explanation required will
necessarily vary and depend on the
education, intelligence, and other relevant
personal circumstances of the person
undergoing investigation. In further
ensuring the right to counsel, it is not
enough that the subject is informed of such
right; he should also be asked if he wants to
avail of the same and should be told that he
could ask for counsel if he so desired or that
one could be provided him at his request. If
he decides not to retain a counsel of his
choice or avail of one to be provided for him
and, therefore, chooses to waive his right to
counsel, such waiver, to BE VALID AND
EFFECTIVE, must still be made with the
assistance of counsel, who, under prevailing
jurisprudence must be a lawyer. (People v.
Canoy, 328 SCRA 385, March 17, 2000,
1st Div. [Davide, CJ])

PAO lawyer can be considered an independent counsel within the contemplation of the Constitution
considering that he is not a special counsel, public or private prosecutor, counsel of the police, or a municipal
attorney whose interest is admittedly adverse to that of the accused-appellant. (People v. Bacor, 306 SCRA
522, April 30, 1999, 2nd Div. [Mendoza])

When appellant talked with the mayor as a

confidant and not as a law enforcement
officer, his uncounselled confession to him
did not violate his constitutional rights.
Thus, it has been held that the constitutional
procedures on custodial investigation do not
apply to a spontaneous statement, not
elicited through questioning by the
authorities, but given in an ordinary manner
whereby appellant orally admitted having
committed the crime. What the Constitution
bars is the compulsory disclosure of
incriminating facts or confessions. The
rights under Section 12 are guaranteed to
preclude the slightest use of coercion by the
State as would lead the accused to admit
something false, not to prevent him from
freely and voluntarily telling the truth.
(People v. Andan, 269 SCRA 95, March 3,
1997)

Confessions made in response to questions by news reporters, not by the police or any other
investigating officer, are not covered by Section 12(1) and (3) of Article III and, therefore, admissible in evidence.

2 kinds of involuntary or coerced confessions treated in this constitutional provision:

(1) those which are the product of third degree methods such as torture, force, violence, threat, intimidation,
which are dealt with in paragraph 2 of Section 12, and
(2) those which are given without the benefit of Miranda warnings, which are the subject of paragraph 1 of the
same Section 12. (People v. Obrero, 332 SCRA 190, 220 – 208, May 17, 2000, 2nd Div. [Mendoza])

Requisites for a valid extra-judicial confession:

1) Freely and voluntarily, without compulsion, inducement or trickery;
2) Knowingly based on an effective communication to the individual under custodial investigation of his
constitutional rights; and
3) Intelligently with full appreciation of its importance and comprehension of its consequences.

A lawyer provided by the investigators is deemed engaged by the accused where he never raised any
objection against the former’s appointment during the course of the investigation and the accused thereafter
subscribes to the veracity of his statement before the swearing officer. (People v. Base, supra)
The prohibition for custodial investigation conducted without the assistance of counsel does not
extend to a person in a police line-up because that stage of an investigation is not yet a part of custodial
investigation.
Custodial investigation commences when a person is taken into custody and is singled out as a
suspect in the commission of the crime under investigation and the police officers begin to ask questions on the
suspect’s participation therein and which tend to elicit an admission.
The stage of an investigation wherein a person is asked to stand in a police line-up has been held
to be outside the mantle of protection of the right to counsel because it involves a general inquiry into an
unsolved crime and is purely investigatory in nature. It has also been held that an uncounselled identification at
the police line-up does not preclude the admissibility of in-court identification (People v. Pavillare, 329 SCRA
684, 694-695, April 5, 2000, En Banc [Per Curiam])

Sec.13. Right to bail

BAIL
• Security given for the release of a person in custody of law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under conditions specified under the rules of court (Sec
1, Rule 114, Revised Rules of Criminal Procedure)

Who are entitled to bail:

1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.

Who are not entitled to bail:

1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA when evidence of guilt is strong
2) Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
3) Persons who are members of the AFP facing a court martial.

Other rights in relation to bail:

a) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended
b) Excessive bail shall not be required

BAIL, A MATTER OF RIGHT

(SEC.4, RULE 114)
All persons in custody shall be admitted to
bail as a
matter of right, with sufficient sureties, or be
released
recognizance as prescribed by law or this
rule:
(a) Before or after conviction by the MTC;
and
(b) Before conviction of the RTC of an
offense not
punishable by death, reclusion perpetua or
life
imprisonment

BAIL, WHEN DISCRETIONARY

(SEC.5, RULE 114)
Upon conviction by the RTC 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 subject to the
consent
of the bondsman.
If the court imposed a penalty of
imprisonment
exceeding 6 years but not more than 20
years, the
accused shall be denied bail, or his bail
 previously
granted shall be cancelled, upon showing by
the
prosecution, with notice to the accused, of
the following
or other similar circumstances:
(a) that the accused is a recidivist, quasi-
recidivist, or
habitual delinquent, or has committed
the crime
aggravated by the circumstance of
reiteracion;
(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
justification;
© that the accused committed the offense
while on
probation, parole, or under conditional
pardon;
(d) that the circumstances of the accused or
his case
indicate the probability of flight if released
on bail; or
(e) that there is undue risk that during the
pendency
of the appeal, the accused may commit
another
crime.

Factors considered in setting the amount of bail:

1. Ability to post bail
2. Nature of the offense
3. Penalty imposed by law
4. Character and reputation of the accused
5. Health of the accused
6. Strength of the evidence
7. Probability of appearing at the trial
8. Forfeiture of previous bail bonds
9. Whether accused was a fugitive from justice when arrested
10. If accused is under bond in other cases

WHEN BAIL SHALL BE DENIED

(SEC.7, RULE 114)
No person, regardless of the stage of the
criminal prosecution, shall be admitted to
bail if:
(a) charged with a capital offense, or an
offense
punishable by reclusion perpetua or life
imprisonment; AND
(b) evidence of guilt is strong.
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings.

Note:
• Right to bail is not available in the military.
• Apart from bail, a person may attain provisional liberty through recognizance.
• The absence of objection from the prosecution is never a basis for the grant of bail in such cases, for the
judge has no right to presume that the prosecutor knows what he is doing on account of familiarity with
the case

Duties of the judge in cases of bail

applications where the accused is
charged with capital offense
1) Notify the prosecutor of the hearing of
the application for bail or require him to
submit his recommendation;
2) Conduct a hearing of the application for
bail regardless of whether or not the
prosecution refuses to present evidence to
show that the guilt of the accused is strong
for the purpose of enabling the court to
exercise its sound discretion;
3) Decide whether the evidence of guilt of
the accused is strong based on the
summary of evidence of the prosecution;
4) If the guilt of the accused is not strong,
discharge the accused upon the approval of
the bail bond. Otherwise, petition should be
denied.
Additionally, the court's grant or refusal of
bail must contain a summary of the
evidence for the prosecution, on the basis of
which should be formulated the judge's own
conclusion on whether such evidence is
strong enough to indicate the guilt of the
accused. The summary thereof is
considered an aspect of procedural due
process for both the prosecution and the
defense; its absence will invalidate the grant
or the denial of the application for bail.
(Joselito V. Narciso v. Flor Marie Sta.
Romana-Cruz,, supra)

Right to Bail in Extradition Cases

If a bail can be granted in deportation cases,

we see no justification why it should not be
also allowed in extradition cases. Likewise,
considering that the Universal Declaration of
Human Rights applies to deportation cases,
there is no reason why it cannot be invoked
in extradition cases. After all, both are
administrative proceedings where the
innocence or guilt of the person detained is
not in issue.
While our extradition law does not provide
 for the grant of bail to an extraditee,
however, there is no provision prohibiting
him or her from filing a motion for bail, a
right to due process under the Constitution.
A new standard termed, “clear and
convincing evidence” should be used in
granting bail in extradition cases.

This standard should be lower than proof

beyond reasonable doubt but higher than
preponderance of evidence. The potential
extradite must prove by “clear and convincing
evidence” that he is not a flight risk and will
abide with all the orders and processes of the
extradition court. [Gov’t of Hongkong v.
Olalia, Jr.G.R. 153675 April 16 2007]

Sec.14. Rights of an accused

Rights of a person charged with a criminal offense

1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and the production of evidence in
his behalf
8. Trial in absentia

“DUE PROCESS” - This means that the accused can only be convicted by a tribunal which is required to
comply with the stringent requirements of the rules of criminal procedure.

“PRESUMPTION OF INNOCENCE”- The Constitution does not prohibit the legislature from providing that proof
of certain facts leads to a prima facie presumption of guilt, provided that the facts proved have a reasonable
connection to the ultimate fact presumed.

Presumption of guilt should not be conclusive.

• Equipoise or Equiponderance of Evidence- evidence of both sides are equally balanced

• Effect in criminal prosecution : acquittal of accused because it is insufficient to overcome presumption of
innocence

“RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”

The right to be heard includes the following rights:

1. Right to be present at the trial

A. The right to be present covers the period from ARRAIGNMENT to

PROMULGATION of sentence.
A. After arraignment, trial may proceed notwithstanding absence of accused, provided 2 requisites are met.
Note, that trial in absentia is allowed only if the accused has been validly arraigned.

i. Accused has been duly notified; and

ii. His failure to appear is unjustifiable.
 A. The accused may waive the right to be present at the trial by not showing up. However, the court can still
compel the attendance of the accused if necessary for identification purposes. Exception: If the
accused, after arraignment, has stipulated that he is indeed the person charged with the offense and
named in the information, and that any time a witness refers to a name by which he is known, the
witness is to be understood as referring to him.
B. While the accused is entitled to be present during promulgation of judgment, the absence of his counsel
during such promulgation does not affect its validity.

2. Right to counsel
Right to counsel means the right to EFFECTIVE REPRESENTATION.
If the accused appears at arraignment without counsel, the judge must:
i. Inform the accused that he has a right to a counsel before arraignment
ii. Ask the accused if he desires the aid of counsel
iii. If the accused desires counsel, but cannot afford one, a counsel de oficio must be appointed
iv. If the accused desires to obtain his own counsel, the court must give him a reasonable time to get
one.

3. Right to an impartial judge

4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses

“RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM”

Purposes of the right:

1. To furnish the accused with a description of the charge against him as will enable him to make his defenses
2. To avail himself of his conviction or acquittal against a further prosecution for the same cause
3. To inform the court of the facts alleged.

If the information fails to allege the material elements of the offense, the accused cannot be convicted thereof
even if the prosecution is able to present evidence during the trial with respect to such elements.

• Description not designation of the offense is controlling

Objectives of the right to be informed of the nature and cause of accusations against the accused
1. To furnish the accused with such a description of the charge against him as will enable him to make the
defense;
2. To avail himself of his conviction or acquittal for protection against a further prosecution for the same cause;
and
3. 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. (People v. Bayya, 327 SCRA 771, March 10, 2000, En Banc [Purisima])

“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL”

• Speedy – free from vexatious, capricious and oppressive delays;
• Impartial – accused entitled to cold neutrality of an impartial judge
• Public - The attendance at the trial is open to all irrespective of their relationship to the accused.
However, if the evidence to be adduced is “offensive to decency or public morals”, the public may be excluded

Factors used in determining whether the right to a speedy trial has been violated
1) Time expired from the filing of the information
2) Length of delay involved
3) Reasons for the delay
4) Assertion or non-assertion of the right by the accused
5) Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation of the accused’s right to speedy trial
If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double jeopardy.
This would be the effect even if the dismissal was made with the consent of the accused
Remedy of the accused if his right to speedy trial has been violated
 • He can move for the dismissal of the case.
• If he is detained, he can file a petition for the issuance of writ of habeas corpus.

Purpose of the rule barring trial or sentence of an insane person

It is for the protection of the accused, rather than that of the public.

Reasons underlying it:

The accuracy of the proceedings may not
be assured, as an incompetent defendant
who cannot comprehend the proceedings
may not appreciate what information is
relevant to the proof of his innocence.
Moreover, he is not in a position to exercise
many of the rights afforded a defendant in a
criminal case
Second, the fairness of the proceedings
may be questioned, as there are certain
basic decisions in the course of a criminal
proceeding which a defendant is expected
to make for himself, and one of these is his
plea.
Third, the dignity of the proceedings may
be disrupted, for an incompetent defendant
is likely to conduct himself in the courtroom
in a manner which may destroy the decorum
of the court.
Fourth, it is important that the defendant
knows why he is being punished, a
comprehension which is greatly dependent
upon his understanding of what occurs at
trial. An incompetent defendant may not
realize the moral reprehensibility of his
conduct. The societal goal of
institutionalized retribution may be frustrated
when the force of the state is brought to
bear against one who cannot comprehend
its significance. (People v. Estrada, 333
SCRA 699, 718-719, June 19, 2000, En
Banc [Puno])

“RIGHT TO MEET WITNESS FACE TO FACE”

Purposes of the right:

1. To afford the accused an opportunity to cross-examine the witness
2. To allow the judge the opportunity to observe the deportment of the witness

Failure of the accused to cross-examine a witness

If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the
prosecution, the testimony of the witness should be excluded.

• The right to cross-examine is demandable only during trials.

• Thus, it cannot be availed of during preliminary investigations.

Principal exceptions to the right of confrontation

1. The admissibility of “dying declarations”
2. Trial in absentia under Section 14(2)
3. With respect to child testimony

Essential Requisites for a valid promulgation of judgment in absentia:

• Judgment shall be recorded in the criminal docket;
• A copy must be served upon the accused or counsel.
The recording of the decision in the criminal docket is tantamount to notifying the accused of the decision
wherever he is. (Estrada vs. People 468 SCRA 233 Aug 25, 2005)

TRIAL IN ABSENTIA
Requisites:
• after arraignment;
• due notice; and
• unjustified absence

Sec.16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.

Distinction between Sec.14 and Sec. 16

While the rights of an accused only apply to the trial phase of criminal cases, the right to a speedy disposition of
cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or ADMINISTRATIVE proceedings.

Sec.17. No person shall be compelled to be a witness against himself.

When is a question incriminating:

A question tends to incriminate when the answer of the accused or the witness would establish a fact
which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the
witness.

Distinction between an accused and an ordinary witness

An accused can refuse to take the witness stand by invoking the right against self-incrimination.
An ordinary witness cannot refuse to take the stand. He can only refuse to answer specific questions which
would incriminate him in the commission of an offense.

Scope of right
1. What is PROHIBITED is the use of physical or moral compulsion to extort communication from the witness
or to otherwise elicit evidence which would not exist were it not for the actions compelled from the witness.
2. The right does NOT PROHIBIT the examination of the body of the accused or the use of findings with
respect to his body as physical evidence. Hence, the fingerprinting of an accused would not violate the
right against self-incrimination. However, obtaining a sample of the handwriting of the accused would
violate this right if he is charged for falsification.
3. The accused cannot be compelled to produce a private document in his possession which might tend to
incriminate him. However, a third person in custody of the document may be compelled to produce it.

When the right can be invoked:

1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of property)
3. in legislative investigations

Who can invoke the right:

• Only natural persons. Judicial persons are subject to the visitorial powers of the state in order to
determine compliance with the conditions of the charter granted to them.

Transactional immunity
• A witness can no longer be prosecuted for any offense whatsoever arising out of the act or
transaction.

Use-and-derivative-use immunity
• A witness is only assured that his or her particular testimony and evidence derived from it will not be
 used against him or her in a subsequent prosecution. (Mapa, Jr. v. Sandiganbayan, 231 SCRA 783,
797-798, April 26, 1994, En Banc [Puno])

Sec.18. Right against involuntary servitude

Definition of involuntary servitude

• It is every condition of enforced or compulsory service of one to another no matter under what form
such servitude may be disguised.
Exceptions:
1. Punishment for a crime for which the party has been duly convicted
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or the President
4. minors under patria potestas are obliged to obey their parents
5. in naval enlistment: a person who enlists in a merchant ship may be compelled to remain in service until the
end of the voyage
6. posse comitatus for the apprehension of criminals

Sec.19. Prohibition against cruel, degrading and inhuman punishment

When is a penalty “cruel, degrading and inhuman”?

1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. being drawn and quartered.
2. A penalty is degrading if it exposes a person to public humiliation. Ex. Being tarred and feathered, then
paraded throughout town.

Standards used:
1. The punishment must not be so severe as to be degrading to the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a less severe punishment
would.
5. excessive fine
• A fine is excessive, when under any circumstance; it is disproportionate to the offense.

Sec.20. No person shall be imprisoned for debt or non-payment of a poll tax.

• Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any liability to pay
money. Thus, all other types of obligations are not within the scope of this prohibition.

Thus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary imprisonment
because his liability is ex delicto and not ex contractu.

• A FRAUDULENT debt may result in the imprisonment of the debtor if:

A. The fraudulent debt constitutes a crime such as estafa and
B. The accused has been duly convicted.
A tax is not a debt since it is an obligation arising from law. Hence, its non-payment may be validly
punished with imprisonment.

Sec.21. No person shall be twice put in jeopardy of punishment for the same offense. If an act punished by a
law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the
same act.

Requisites for a valid defense of double jeopardy: CODE: ATS

1. First jeopardy must have attached prior to the second.
2. The first jeopardy must have terminated.
3. The second jeopardy must be for the same offense as that in the first.
When does jeopardy ATTACH: (1st requisite)
1. A person is charged
2. Under a complaint or information sufficient in form and substance to sustain a conviction
3. Before a court of competent jurisdiction
4. After the person is arraigned
5. Such person enters a valid plea.

When does jeopardy NOT attach:

1. If information does not charge any offense
2. If, upon pleading guilty, the accused presents evidence of complete self-defense, and the court thereafter
acquits him without entering a new plea of not guilty for accused.
3. If the information for an offense cognizable by the RTC is filed with the MTC.
4. If a complaint filed for preliminary investigation is dismissed.

When does first jeopardy TERMINATE: (2ND REQUISITE)

1. Acquittal
2. Conviction
3. Dismissal W/O the EXPRESS consent of the accused
4. Dismissal on the merits.

Examples of termination of jeopardy:

1. Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal.
2. Dismissal based on a demurrer to evidence. This is a dismissal on the merits.
3. Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation filed by the accused.
4. Discharge of an accused to be a state witness. This amounts to an acquittal.

When can the PROSECUTION appeal from an order of dismissal:

1. If dismissal is on motion of the accused. Exception: If motion is based on violation of the right to a speedy
trial or on a demurrer to evidence.
2. If dismissal does NOT amount to an acquittal or dismissal on the merits
3. If the question to be passed upon is purely legal.
4. If the dismissal violates the right of due process of the prosecution.
5. If the dismissal was made with grave abuse of discretion.

What are considered to be the “SAME OFFENSE”: (under the 1 st sentence of Section 21)
1. Exact identity between the offenses charged in the first and second cases.
2. One offense is an attempt to commit or a frustration of the other offense.
3. One offense is necessarily included or necessary includes the other.

Note: where a single act results in the violation of different laws or different provisions of the same law, the
prosecution for one will not bar the other so long as none of the exceptions apply.

Definition of double jeopardy (2nd sentence of Sec. 21)

Double jeopardy will result if the act punishable under the law and the ordinance are the same. For
there to be double jeopardy, it is not necessary that the offense be the same.

SUPERVENING FACTS
1. A conviction for an offense will not bar a prosecution for an offense which necessarily includes the offense
charged in the former information where:
A. The graver offense developed due to a supervening fact arising from the same act or omission
constituting the former charge.
B. The facts constituting the graver offense became known or were discovered only after the filing of
the former information.
C. The plea of guilty to the lesser offense was made without the consent of the prosecutor and the
offended party.
1. Under (1) (b), if the facts could have been discovered by the prosecution but were not discovered because
of the prosecution’s incompetence, it would not be considered a supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The whole case
will be open to review by the appellate court. Such court may even increase the penalties imposed on the
accused by the trial court.
Sec.22. No ex post facto law or bill of attainder shall be enacted.

Ex-post facto law.

• Law making an act criminal which was not before its passage
• Law aggravating the penalty for a crime committed before its passage
• Law inflicting a greater or more severe penalty
• Law altering the legal rules of evidence and receive less or different testimony than what the law
required at the time of commission, in order to convict accused
• Law assuming to regulate civil rights and remedies only, in effect imposes a penalty of deprivation of
right for something which when done was lawful; and
• Law depriving accused of some lawful protection to which he had been entitled, such as protection of a
former conviction or acquittal, or a proclamation of amnesty

Note:
The prohibition on ex post facto laws only applies to retrospective PENAL laws.

Characteristics:
• Refers to criminal matters;
• Retroactive, and
• Prejudicial to the accused

BILL OF ATTAINDER
1. A LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.
2. Does not need to be directed at a specifically named person. It may also refer to easily ascertainable
members of a group in such a way as to inflict punishment on them without judicial trial.

Elements of the bill of attainder

A. There must be a LAW.
B. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of
a GROUP.
C. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.

ARTICLE IV – CITIZENSHIP

Who are citizens of the Philippines?

1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority.
4) Those who are naturalized in accordance with law.

Modes of acquiring citizenship:

1) By birth
a. Jus Soli – acquisition of citizenship on the basis of place of birth
b. Jus Sanguinis – acquisition of citizenship on the basis of blood relationship
2) By Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-
born citizen.
3) By marriage

Note: The Philippines follows (1b) and (2)

Election of citizenship under the 1987 Constitution:

Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child
would have to elect Filipino citizenship upon reaching the age of majority.
Under the 1973 Constitution, however, children born of Filipino mothers were already considered Filipinos.
Therefore, the provision on election of citizenship under the 1987 Constitution only applies to those persons who
were born under the 1935 Constitution. In order for the children to elect Filipino citizenship, the mothers must
have been Filipinos at the time of their marriage. So, if the mother was a Filipina who married an alien under the
1935 constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon reaching
the age of majority.

When the election must be made:

• The election must be made within a reasonable period after reaching the age of majority.

Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any disqualification which
would bar her from being naturalized.

Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their
Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:

1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.

Examples of renunciation of Philippine citizenship:

1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)

How may one lose citizenship:

[CODE: CONRED]
• By naturalization in a foreign country
• By express renunciation of citizenship
• By subscribing oath or allegiance to a foreign Constitution
• By serving in the armed forces of an enemy country
• By being a deserter of the armed forces of one’s country
• Cancellation of certificate of naturalization.
Naturalization Requirements:

To be naturalized, an applicant has to prove

that he possesses all the qualifications and
none of the disqualifications provided by law
to become a Filipino citizen. The decision
granting Philippine citizenship becomes
executory only after two (2) years from its
promulgation when the court is satisfied that
during the intervening period, the applicant
has
(1) not left the Philippines;
(2) has dedicated himself to a lawful calling
or profession;

(3) has not been convicted of any offense or

violation of government promulgated rules;
or;
 (4) committed any act prejudicial to the
interest of the nation or contrary to any
government announced policies (Section 1,
R.A. 530). Antonio Bengson III v. HRET
[G.R. No. 142840, May 7, 2001]

• Naturalization (qualifications):

Section 2, Act 473 provides the following qualifications:

a. not less than 21 years of age on the day of the hearing of the petition;
b. resided in the Philippines for a continuous period of not less than ten years;
c. character:
• of good moral character and
• believes in the principles underlying the Philippine Constitution,
• conducted himself in a proper and irreproachable manner during the entire period of his
residence in the Philippines in his relation with the constituted government as well as
with the community in which he is living;
a. owns real estate in the Philippines worth not less than P 5,000, or must have some known lucrative
trade, profession, or lawful occupation;
b. speaks and writes English or Spanish and any of the principal languages; and
c. 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 Philippines where Philippine history, government and civic are
taught or prescribed as part of the school curriculum, during the entire period of the residence in the
Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.

Declaration of intention – must be filed with the Office of the Solicitor General one year before filing the
application for naturalization.

Exceptions:
• Those born in the Philippines and received primary and secondary education in a Philippine school
• Those who have resided in the Philippines for thirty years;
• The widow or children of the applicant who died before his application was granted

Naturalization (disqualifications):

Section 4, Act 473, provides the following disqualifications:

a. opposed to organized government or affiliated with any association or group of persons who uphold and
teach doctrines opposing all organized governments;
b. defending or teaching the necessity or propriety of violence, personal assault, or assassination for the
success and predominance of their ideas;
c. polygamist or believer in the practice of polygamy;
d. convicted of any crime involving moral turpitude;
e. suffering from mental alienation or incurable contagious diseases;
f. who, during the period of his residence in the Philippines (or not less than six months before filing his
application), have not mingled socially with the Filipinos, or who have not evinced a sincere desire to
learn and embrace the customs, traditions and ideals of the Filipinos;
g. a citizen or subject of a nation with whom the Philippines is at war, during the period of such war;
h. a citizen or subject of a foreign country whose laws do not grant Filipinos the right to become naturalized
citizens or subjects thereof. (no reciprocity)

Effects of naturalization:
ON THE WIFE
Vests citizenship on the wife who might herself be lawfully naturalized; she need not prove her qualifications
but only that she is not disqualified. (Moy Ya Lim Yao v. Comm of Immigration, 41 SCRA 292)

ON THE MINOR CHILDREN

• if born in the Philippines – automatically becomes a citizen
 • if born abroad before the naturalization of the father –
• residing in RP at the time of naturalization – automatically become citizens
• if not residing in RP at the time of naturalization – considered citizen only during minority, unless
begins to reside permanently in the Philippines;
• if born outside the Philippines after parents’ naturalization – considered Filipino, provided registered as
such before any Philippine consulate within 1 year after attaining majority age and takes oath of
allegiance

GROUNDS FOR DENATURALIZATION

• naturalization certificate obtained fraudulently or illegally;
• if, within 5 years, he returns to his native country or to some foreign country and establishes residence
therein;
• naturalization obtained through invalid declaration of intention;
• minor children failed to graduate through the fault of the parents either by neglecting support or by
transferring them to another school; and
• allowing himself to be used as dummy

Effects of Denaturalization:
• if ground affects intrinsic validity of proceedings – denaturalization shall divest wife and children of
their derivative naturalization; and
• if ground is personal – the wife and children shall retain citizenship

• Doctrine of Indelible Allegiance – an individual may be compelled to retain his original nationality
notwithstanding that he has already renounced or forfeited it under the laws of the second state whose
nationality he has acquired.

• Renunciation of Philippine citizenship - must be express

Reacquisition of citizenship:
1. By naturalization;
2. By repatriation;

Repatriation.
• RA 8171 is an act providing for the repatriation of:
• Filipino women who have lost their Philippine citizenship by marriage to aliens and;
• Natural-born Filipinos who have lost their Philippine citizenship on account of political or
economic necessity.

• simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering
said oath in the Local Civil Registry of the place where the person concerned resides or last resided.

Effect of repatriation
• recovery of or return to his original status before he lost his Philippine citizenship

1. By direct act of Congress

• RA 9225 also known as the “Citizenship Retention and Re-acquisition Act of 2003,” (Dual Citizenship
Act) provides that, upon taking the oath of allegiance to the Republic:

• Natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their
naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship;
and
• Natural-born citizens of the Philippines who, after the effectivity of the said RA become citizens of a
foreign country shall retain their Philippine citizenship

• The passage of R.A. 9225 makes it possible for Filipinos to hold dual citizenship through means other
 than by birth.

Derivative Citizenship

The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of
those who re-acquire Philippine citizenship upon effectivity of the said RA shall be deemed citizens of the
Philippines

DUAL DUAL ALLEGIANCE

CITIZENSHIP
1. Arises when, as 1. Refers to the
a
result of concurrent situation where a
application of the person
different laws of simultaneously owes,
two
or more states, a by some positive act,
person is loyalty to two or
simultaneously more states
considered a
citizen
of said sates.

2. Involuntary 2. Result of an
individual's volition
and is prohibited by
the Constitution

Note: The phrase “dual citizenship” in R.A. No. 7160, Section 40(d) (Local Government Code) must be
understood as referring to “dual allegiance.” Consequently, persons with mere dual citizenship do not fall under
this disqualification. Unlike those with dual allegiance, who must, be subject to strict process with respect to the
termination of their status, for candidates with dual citizenship, it should suffice if, upon the filing of their
certificate of candidacy, they elect Philippine citizenship to terminate their status as persons with dual citizenship
considering that their condition is the unavoidable consequence of conflicting laws of different states.

Instances when a citizen of the Philippines may possess dual citizenship under the Constitution.

1. Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli;
2. Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their father’s country
such children are citizens of that country;
3. Those who marry aliens if by the laws of the latter’s country the former are considered citizens, unless
by their act or omission they are deemed to have renounced Philippine citizenship.

ARTICLE V – SUFFRAGE

Qualifications: CD18RR
1. Citizen of the Philippines
2. Not Disqualified by law
3. At least 18 years old
4. Resident of the Philippines for at least 1 year
5. Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the
election.

Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage.
Residency requirement
Residency, under Article V has 2 senses:

1. DOMICILE – This is in reference to the 1 year residency requirement in the Philippines. The principal
elements of domicile – physical presence in the country and intention to adopt it as one’s domicile must concur
2. TEMPORARY RESIDENCE – This is in reference to the 6 month residency requirement in the place where
one wants to vote. In this case, residence can either mean domicile or temporary residence.

Disqualifications:
1. Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not
been removed by plenary pardon.
2. Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines.
3. Insane or feeble-minded persons.

Note: Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years
after the service of sentence.

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

Definition of Legislative Power:

• The authority to make laws and to alter or repeal them.
• Vested in Congress, except to the extent reserved to the people by the provisions on initiative and
referendum

Classification of legislative power:

Original – Possessed by the people in their sovereign capacity
Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution
Constituent – The power to amend or revise the Constitution
Ordinary – The power to pass ordinary laws

Note:
The original legislative power of the people is exercised via initiative and referendum. In this manner,
people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local
government unit.

Exceptions to non-delegability of legislative power

1. Delegation of tariff powers to the President (Art. VI, sec. 28 [2])
2. Delegation of emergency powers to the President. (Art.VI, sec.23[2])
3. Delegation to the people at large
4. Delegation to local governments (Art. X and RA 7160)
5. Delegation to administrative bodies
CODE: PLATE

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION.
This involves either of two tasks for the administrative agencies:

1. “Filling up the details” on an otherwise complete statute; or

2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation.

COMPOSITION
Senator Representative
 24 Senators Not more than
250 members
35 yrs. Old 25 yrs. Old
Natural-born citizen of the Philippines
Able to read and write
Registered voter Registered voter in
the district in which
he shall be elected -
n/a to party-list
Resident of the Resident of the said
Philippines for at district for at least 1
least 2 yrs yr immediately
immediately preceding election -
preceding the n/a to party-list
election
Term of 6 yrs Term of 3 yrs
Unless otherwise provided by law,
Term of office commence at noon of
June 30 next following the election
Term limit of not Term limit of not
more than 2 more than 3
consecutive years consecutive years
Voluntary renunciation of office for any
length of time shall not be considered
as an interruption in the continuity of
his service for the full term for which he
was elected

Note: The qualifications of both Senators and Members of the House are limited to those provided by the
Constitution. Congress cannot, by law, add or subtract from these qualifications.
House of Representatives – not more than 250 members consisting of:
• District Representatives – elected from legislative districts apportioned among the provinces, cities and
the Metropolitan Manila area;
• Party-list Representatives – constitute 20% of the total number of representatives elected through a
party-list system of registered national, regional and sectoral parties or organizations.

Election of 250 members

• Elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area.

Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the basis
of a uniform and progressive ratio.
a. District shall comprise, as far as practicable, contiguous, compact and adjacent territory;
b. City with at least 250,000 inhabitants - least one representative.
c. Province - at least one representative.
d. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census.
According to Jack, however, while the apportionment of districts is NOT a political question, the judiciary
CANNOT compel Congress to do this.
e. The standards used to determine the apportionment of legislative districts is meant to prevent
‘gerrymandering’, which is the formation of a legislative district out of separate territories so as to favor a
particular candidate or party.

DISTRICT PARTY-LIST
REPRESENTATIVE REPRESENTATIVE
 Elected according Elected nationally, with
to

legislative district by party-list organizations

the

constitutes of such garnering at least 2%

district of all

the votes cast for the

party-

list system entitled to

1 seat,

which is increased
according

to proportional
representation

but is in no way to
exceed 3

seats per organization

Must be a resident No special residency

of his

legislative district for requirement

at
least 1 year
immediately
before the election
Elected personally, Voted upon by party or
i.e. by name organization. It is only
when
a party is entitled to
representation that it
designates who will sit
as
representative.
Does not lose seat if If he/she changes
he/she party or
changes party or affiliation, loses his
affiliation seat, in
which case, he/she will
be
substituted by another
qualified person in the
party/
organization based on
the
list submitted to the
COMELEC
In case of vacancy, a In case of vacancy, a
special
 election may be held substitution will be
made
provided that the within the party, based
vacancy on the
takes place at least 1 list submitted to the
year COMELEC
before the next
election
A district a party-list
representative representative
is not prevented from cannot sit if he ran and
lost in
running again as a the previous election
district
representative if
he/she lost
during the previous
election
A change in affiliation A change in affiliation
within 6
within months prior to months prior to
election
election does not prohibits the party-list
prevent
A district representative from
representative sitting as
from running under representative under
his his new
new party. party or organization

Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the party-list system (thus a
maximum of 50 party-list members of the House)

1. However, for 3 consecutive terms from 2 February 1987, 25 seats shall be allotted to sectoral
representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President
until legislation otherwise provides.

1. Mechanics of the party-list system:

a. Registered organizations submit a list of candidates in order of priority.
b. During the elections, these organizations are voted for at large.
c. The number of seats that each organization gets out of the 20% allotted to the system depends on
the number of votes they get.

Inviolable parameters to determine the winners in a Philippine-style party-list election

• The twenty percent allocation -

the combined number of all party-list
congressmen shall not exceed 20%
of the total membership of the
House of Representatives, including
those elected under the party list.
• The two percent threshold - only
those garnering a minimum of two
percent of the total valid votes cast
for the party-list system are
"qualified" to have a seat in the
House of Representatives.
 • The three seat limit - each
qualified party, regardless of the
number of votes it actually obtained,
is entitled to a maximum of three
seats; that is, one "qualifying" and
two additional seats.
• Proportional representation - the
additional seats which a qualified
party is entitled to shall be
computed "in proportion to their total
number of votes." (Veterans
Federation Party v. COMELEC,
G.R. No. 136781 and Companion
Cases, Oct. 6, 2000, En Banc
[Panganiban])

Guidelines for screening Party-List Participants

First, the political party, sector, organization

or coalition must represent the marginalized
and underrepresented groups identified in
Section 5 of RA 7941. In other words, it
must show that it represents and seeks to
uplift marginalized and underrepresented
sectors.
Second, while even major political parties
are expressly allowed by RA 7941 and the
Constitution to participate in the party-list
system, they must show, however, that they
represent the interests of the marginalized
and underrepresented.
Third, the Court notes the express
constitutional provision that the religious
sector may not be represented in the party-
list system.
Fourth, a party or an organization must not
be disqualified under Section 6 of RA 7941,
which enumerates the grounds for
disqualification as follows:
1. It is a religious sect or
denomination, organization or
association organized for
religious purposes;
2. It advocates violence or
unlawful means to seek its goal;
3. It is a foreign party or
organization;
4. It is receiving support from any
foreign government, foreign
political party, foundation,
organization, whether directly or
through any of its officers or
members or indirectly through
third parties for partisan election
purposes;
5. It violates or fails to comply with
laws, rules or regulations
 relating to elections;
6. It declares untruthful statements
in its petition;
7. It has ceased to exist for at
least one (1) year; or
8. It fails to participate in the last
two (2) preceding elections or
fails to obtain at least two per
centum (2%) of the votes cast
under the party-list system in
the two (2) preceding elections
for the constituency in which it
had registered.”

Note should be taken of paragraph 5,

which disqualifies a party or group for
violation of or failure to comply with
election laws and regulations.
Fifth, the party or organization must not be
an adjunct of, or a project organized or an
entity funded or assisted by, the
government.
Sixth, the party must not only comply with
the requirements of the law; its nominees
must likewise do so.
Seventh, not only the candidate party or
organization must represent marginalized
and underrepresented sectors; so also
must its nominees.
Eighth, x x x while lacking a well-defined
political constituency, the nominee must
likewise be able to contribute to the
formulation and enactment of appropriate
legislation that will benefit the nation as a
whole. x x x (Ang Bagong Bayani –
OFW Labor Party v. COMELEC, G.R. No.
147589, June 26, 2001)

Term Tenure
The period during The period during
which which
the elected officer is such officer actually
holds
legally authorized to his position
assume his office and
exercise the powers
thereof
CANNOT be reduced MAY, by law, be
limited
APPORTIONMENT OF LEGISLATIVE DISTRICT
• Maintain proportional representation based on number of inhabitants;
• Each city with not less than 250 thousand inhabitants, entitled to at least one (1) representative;
• Each province, irrespective of the number of inhabitants, entitled to at least one (1)
representative
• Each district must be contiguous, compact and adjacent. Gerrymandering is not allowed.

Gerrymandering – formation of one legislative district out of separate territories for the purpose of favoring
a candidate or a party
3. Reapportionment within 3 years following return of every census.

ELECTION
• regular – SECOND Monday of May, every three years
• special (RA 6645)
• No special election will be called if vacancy occurs:
• At least eighteen (18) months before the next regular election for members of the Senate;
• At least (1) year before the next regular election for members of the House of Representatives
The particular Chamber of Congress where vacancy occurs must pass either a resolution if Congress is
in session or the Senate President or the Speaker must sign a certification, if Congress is not in session,
• Declaring the existence of the vacancy; and
• Calling for a special election to be held within 45 to 90 days from the date of the resolution or
certification
The senator or representative elected shall serve only for the unexpired term.

Salaries of Senators and Members of the House

Determination of Salaries: Salaries of Senators and Members of the HReps shall be determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT
TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING
SUCH INCREASE.

CONGRESSIONAL IMMUNITIES
1. Immunity from arrest:
a. Legislators are privileged from arrest while Congress is “in session” with respect to offenses
punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or special
session, the immunity from arrest applies.
b. If Congress is in recess, members thereof may be arrested.
c. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.
1. Legislative privilege:
a. No member shall be questioned or held liable in any forum other than his/her respective
Congressional body for any debate or speech in the Congress or in any Committee thereof.
b. Limitation on the privilege:
i. Protection is only against forum other than Congress itself. Thus for inflammatory remarks
which are otherwise privileged, a member may be sanctioned by either the Senate or the
House as the case may be.
ii. The ‘speech or debate’ must be made in performance of their duties as members of Congress.
This includes speeches delivered, statements made, votes cast, as well as bills
introduced, and other activities done in performance of their official duties.
iii. Congress need NOT be in session when the utterance is made, as long as it forms part of
‘legislative action,’ i.e. part of the deliberative and communicative process used to
participate in legislative proceedings in consideration of proposed legislation or with
respect to other matters with Congress’ jurisdiction.

Adjournment Sine Die – interval between the session of one Congress and that of another; Congress
must “stop the clock” at midnight of the last day of session in order to validly pass a law
 • The Senate is a continuing body while the House is not..
Discipline:
• Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.

• Expulsion
Concurrence of 2/3 of ALL its members

MATTERS MANDATED BY THE CONSTITUTION TO BE ENTERED INTO THE JOURNAL

• yeas and nays on the third and final reading of a bill
• veto message of the President
• yeas and nays on re-passing a bill vetoed by the President; and
• yeas and nays on any question at the request of 1/5 of the members present

Enrolled bill – conclusive upon the courts as regards the tenor of the measure passed by Congress and
approved by the President

Journal Entry vs. Enrolled Bill

• Enrolled bill prevails except as to matters, which under the Constitution, must be entered into the
Journal.

Congressional Journals and Records:

1. The Journal is conclusive upon the courts.
2. BUT an enrolled bill prevails over the contents of the Journal.
3. An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers
of each House. Thus where the certifications are valid and are not withdrawn, the contents of the enrolled
bill are conclusive upon the courts as regards the provision of that particular bill.

CONGRESSIONAL ELECTORAL TRIBUNALS (SET OR HRET)

Composition:
• 3 Supreme Court Justices designated by the Chief Justice; and
• 6 members of the Chamber concerned chosen on the basis of proportional representation from political
parties and parties registered under the party-list system
• Senior Justice – acts as Chairman

Power of Electoral Tribunal

• Sole judge of all contest relating to the election, returns and qualification of their respective members;
• Rule-making power
• It is independent of the Houses of Congress and its decisions may be reviewed by the Supreme
Court only upon showing of grave abuse of discretion

THE ELECTORAL TRIBUNAL

The Senate and the House shall each have a Jurisdiction:

1. Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their
respective members. This includes determining the validity or invalidity of a proclamation declaring a
particular candidate as the winner.
2. An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself
the seat of a proclaimed winner.
3. In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to
expel its own members or even to defer their oath-taking until their qualifications are determined may still be
exercised even without an election contest.

• Neither Congress nor the Courts may interfere with procedural matters relating to the functions of
the ET’ s
 • The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the
tribunal by the parties which they represent. Neither may they be removed for not voting according to
party lines, since they are acting independently of Congress.

• The mere fact that the members of either the Senate or the House sitting on the ET are those which are
sought to be disqualified due to the filing of an election contest against them does not warrant all of them
from being disqualified from sitting in the ET. The Constitution is quite clear that the ET must act with both
members from the SC and from the Senate or the House. If all the legislator-members of the ET were to
be disqualified, the ET would not be able to fulfill its constitutional functions.

Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was
rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process.

COMMISSION ON APPOINTMENTS

Composition:
• 12 Senators and 12 Representatives, elected by each House on the basis of proportional representation
from the political parties and parties and organizations registered under the party-list system
represented therein.
• Senate President acts as ex-officio chairman

Powers
• Acts on all appointments submitted to it within 30 session days of Congress from their submission; and
• Promulgates its own rules of proceedings

Voting/Action
1. The chairman shall only vote in case of a tie.
2. The CA shall act on all appointments within 30 session days from their submission to Congress.
3. The Commission shall rule by a majority vote of all the Members.

Jurisdiction
1. CA shall confirm the appointments by the President with respect to the following positions:

a. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).

1. Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall
be subject to confirmation by the CA.
2. Appointments extended by the President to the above-mentioned positions while Congress is not in session
shall only be effective until disapproval by the CA or until the next adjournment of Congress.

Meetings of the CA
1. CA meets only while Congress is in session.
2. Meetings are held either at the call of the Chairman or a majority of all its members.
3. Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of
congressional powers as well as that of the judiciary.

Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of Representative
shall have been organized with the election of the President and the Speaker.

POWERS OF CONGRESS
Classification of Powers:
• Legislative –
• General plenary power
 • Specific power of appropriation
• Taxation and expropriation
• Legislative investigations
• Question hour
• Non-legislative – includes power to:
• Canvass presidential elections
• Declare the existence of a state of war
• Delegation of emergency powers
• Call special election for President and Vice-President
• Give concurrence to treaties and amnesties
• Propose constitutional amendments (constituent power)
• Confirm certain appointments
• Impeach
• Decide the disability of the President because majority of the Cabinet dispute his assertion that
he is able to discharge his duties
• Revoke or extend proclamation of suspension of privilege of writ of habeascorpus or declaration
of martial law
• Power with regard to utilization of natural resources

Limitations on the Powers of Congress:

• Substantive – limitations on the content of laws
• Express:
• Bill of rights [Art III]
• On appropriations [Sec 25 and 29 (1) and (2), Art VI]
• On taxation [Sec 28 and 29 (3), Art VI; Sec 4(3), Art XIV]
• On constitutional appellate jurisdiction of the Supreme Court [Sec 30, Art VI]
• No law granting title of royalty or nobility shall be passed [Sec 31, Sec VI]
• No specific funds shall be appropriated or paid for use or benefit of any religion, sect, etc.,
except for priests, etc., assigned to AFP, penal institutions, etc [Sec 29(2), Art VI]
• implied:
• prohibition against irrepealable laws;
• non-delegation of powers

• Procedural - limitations on the manner of passing laws

• Only one subject, to be stated in the title of the bill [Sec 26(1), Art VI] and
• 3 readings on separate days; printed copies of the bill in its final form distributed to members 3
days before its passage, except if President certifies to its immediate enactment to meet a public
calamity or emergency; upon its last reading, no amendment allowed and the vote thereon taken
immediately and the yeas and nays entered into the Journal [Sec 26(2), Art VI]
• Appropriation, revenue and tariff bills (ART Bills) shall originate exclusively in the House of
Representatives (Sec 24, Art VI)

“shall originate exclusively in the House of Representatives” – the initiative for filing of ART Bills must come
from the House, but it does not prohibit the filing in the Senate a substitute bill in anticipation of its receipt of the
bill from the House.

Corollaries of legislative power:

• Congress cannot pass irrepealable laws. Since Congress’ powers are plenary, and limited only by
the Constitution, any attempt to limit the powers of future Congresses via an irrepealable law is not
allowed.
• Congress, as a general rule, cannot delegate its legislative power. Since the people have already
delegated legislative power to Congress, the latter cannot delegate it any further.

POWER OF APPROPRIATION
Appropriations law- a statute, the primary purpose of which is to authorize release of public funds from the
treasury
 • the existence of appropriations and the availability of funds are indispensable pre-requisites to or
conditions sine qua non for the execution of government contracts

Implied limitations on Appropriation Power:

• must specify public purpose; and
• sum authorized for release must be determinate, or at least determinable

Constitutional limitations on special appropriations measures:

• must specify public purpose for which the sum was intended; and
• must be supported by funds actually available as certified by the National Treasurer or to be raised by
corresponding revenue proposal included therein [Sec 25(4), Art VI]

Constitutional Rules on General Appropriations Laws (Sec 25, Art VI)

• Congress may not increase appropriations recommended by the President for the operations of the
Government;
• Form, content and manner of preparation of budget shall be provided by law;
• No provision or enactment shall be embraced in the bill unless it relates specifically to some particular
appropriations therein
• Procedure for approving appropriations for Congress shall be the same as that of other departments in
order to prevent sub-rosa appropriations by Congress;
• Prohibition against transfer of appropriations (doctrine of augmentation), however
• President;
• Senate President;
• Speaker of the House of Representative;
• Chief Justice; and
• Heads of Constitutional Commissions
-may by law, be authorized to augment any item in the general appropriations law for their respective offices
from savings in other items of their respective appropriations;
6. Prohibitions against appropriations for sectarian benefit; and
7. Automatic re-appropriation

LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is pending legislation regarding the subject of the inquiry. In
fact, investigation may be needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of the law, the
investigation is no longer ‘in aid of legislation’ but ‘in aid of prosecution’. This violates the principle of
separation of powers and is beyond the scope of congressional powers.

Enforcement:
1. Since experience has shown that mere requests for information does not usually work, Congress has the
inherentpower to punish recalcitrant witnesses for contempt, and may have them incarcerated until such
time that they agree to testify.
2. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body
ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus, each
‘Congress’ of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite
because the Senate, with its staggered terms, is a continuing body.
3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is
within the scope of Congress’ powers. I.e. it is in aid of legislation.
4. The materiality of a question is determined not by its connection to any actually pending legislation, but by its
connection to the general scope of the inquiry.
5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be
exercised by local government units unless they are expressly authorized to do so.

Limitations:
1. The inquiry must be in “in aid of legislation.” Such limitation is an essential element for establishing the
jurisdiction of the legislative body.
2. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House
conducting the inquiry; and
3. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right against
self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with those of the legislative department, under
the principle of separations of powers, department heads cannot be compelled to appear before Congress.
Neither may the department heads impose their appearance upon Congress.
2. Department heads (Department Secretaries whose appointments need confirmation by the CA) may appear
before Congress in the following instances:

a. Upon their own initiative, with the consent of the President (and that of the House concerned); or
b. Upon the request of either House (which cannot compel them to attend)

1. The appearance will be conducted in EXECUTIVE SESSION when:

a. Required by the security of state or required by public interest; and
b. When the President so states in writing
Note
While Sec.21 deals with legislative investigations “in aid of legislation,” Sec. 22 pertains to the “oversight
function” of Congress primarily to check whether laws are being properly implemented by the Executive
branch of the government. (Bernas’ opinion)

QUESTION LEGISLATIVE
HOUR INVESTIGATION
Sec 22, Art VI Sec 21, Art VI
1. as to persons who may appear
only a any person
department
head
2. as to who conducts the investigation
entire body committees
3. as to subject matter

matters related any matter for the

to the purpose of legislation
department only

Objectives of Section 26(1), Article VI of the 1987 Constitution are:

1. To prevent hodge-podge or log-rolling legislation;
2. 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 overlooked and carelessly and unintentionally adopted; and
3. To fairly apprise the people, through such publication of legislative proceedings as is usually made, of
the subjects 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.

DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)

1. 2/3 of both Houses, in joint session
2. Voting separately

Emergency powers:
1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to
exercise powers necessary and proper to carry out a declared national policy.
1. Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress
1. Expiration of emergency powers
a. By resolution of Congress or
b. Upon the next adjournment of Congress

LEGISLATION

Bills that must originate from the House of Representatives (Section 24)

1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills

CODE: A R T Pu Lo P

Note: The Senate may, however, propose or concur with amendments.

Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public
treasury.
2. Thus, a bill enacting the budget is an appropriations bill.
3. BUT: A bill creating a new office, and appropriating funds therefore is NOT an appropriation bill.

Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy.
2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram Regulatory
Board law imposing a tax on video rentals does not make the law a revenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have
originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate
even if, in the end, the Senate approved its own version.

Limitations:
1. For appropriation bills:
a. Congress cannot increase the appropriations recommended by the President for the operation of the
Government as specified in the budget.
b. Each provision or enactment in the General Appropriations Bill must relate specifically to some
particular appropriation therein and any such provision or enactment must be limited in its operation
to the appropriation to which it relates.
c. The procedure in approving appropriations for Congress shall strictly follow the procedure for
approving appropriations for other departments and agencies.
d. A special appropriations bill must specify the purpose for which it is intended and must be supported
by funds actually available as certified by the National Treasurer or to be raised by a corresponding
revenue proposal therein.

a. Transfer of appropriations:

i. Rule: No law shall be passed authorizing any transfer of appropriations

ii. BUT the following may, BY LAW, be authorized to AUGMENT any item in the general appropriations
law for their respective offices from savings in other items of their respective appropriations
 • President
• President of the Senate
• Speaker of the House of Representatives
• Chief of Justice of the Supreme Court
• Heads of the Constitutional Commissions

a. Discretionary funds appropriated for particular officials shall be:

i. Disbursed only for public purposes;
ii. Should be supported by appropriate vouchers; and
iii. Subject to guidelines as may be prescribed by law.

a. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.

1. For law granting tax exemption

• It should be passed with the concurrence of a MAJORITY of ALL the members of
Congress.

1. For bills in general

• Every bill shall embrace only one (1) subject, as expressed in the title thereof

i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in the bill. It is
sufficient if the title expresses the general subject of the bill and all the provisions of the statute are
germane to that general subject.
iii. A bill which repeals legislation regarding the subject matter need not state in the title that it is
repealing the latter. Thus, a repealing clause in the bill is considered germane to the subject matter of
the bill.

Readings
In order to become a law, each bill must pass three (3) readings in both Houses.

General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be
distributed to its Members three (3) days before its passage.
Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to
meet a public calamity or emergency, the 3 readings can be held on the same day.

First reading – only the title is read; the bill is passed to the proper committee
Second reading – Entire text is read and debates are held, and amendments introduced.
Third reading – only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter
and the yeas and nays entered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed by the President.

1. If the President does not approve of the bill, he shall veto the same and return it with his objections to the
House from which it originated. The House shall enter the objections in the Journal and proceed to
reconsider it.

1. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he
fails to do so, the bill shall become a law as if he signed it.

1. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill.

1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such
 case, the veto is overriden and becomes a law without need of presidential approval.
2. Item veto

a. The President may veto particular items in an appropriation, revenue or tariff bill.
b. This veto will not affect items to which he does not object.
c. Definition of item – In a revenue/tax bill, it is the subject of the tax and the tax rate imposed thereon; in
an appropriations bill, it is the indivisible sum dedicated to a stated purpose
d. Veto of RIDER

• A rider is a provision which does not relate to a particular appropriation stated in the bill.
1. Since it is an invalid provision under Section 25(2), the President may veto it as an item.

• Doctrine of Inappropriate Provisions – a provision that is constitutionally inappropriate for an

appropriation bill may be singled out for veto even if it is not an appropriation or revenue item. (Gonzales
v Macaraig, Jr., 191 SCRA 452)
• Executive impoundment – refusal of the President to spend funds already allocated by Congress for
specific purpose. It is the failure to spend or obligate budget authority of any type. (Philconsa v Enriquez,
G.R. No. 113105, August 19, 1994)
• Pocket Veto – occurs when
• The President fails to act on a bill and
• The reason he does not return the bill to the Congress is that Congress is not in session
Not applicable in the Philippines because inaction by the President for 30 days never produces a veto
even if Congress is in recess. The President must still act to veto the bill and communicate his veto to Congress
without need of returning the vetoed bill with his veto message

DISQUALIFICATION WHEN
APPLICABLE
Senator/Member of the During his term. If
House cannot hold any he does so, he
other office or forfeits his seat.
employment in the
Government or any
subdivision, agency or
Instrumentality thereof,
including GOCCS or
their subsidiaries.
Legislators cannot be IF the office was
appointed to any office. created or the
emoluments thereof
increased during
the term for which
he was elected.
Legislators cannot During his term of
personally appear as office.
counsel before any
court of justice, electoral
tribunal, quasi-judicial
and administrative
bodies.
 Legislators cannot be During his term of
financially interested office.
directly or indirectly in
any contract with or in
any franchise, or special
privilege granted by the
Government, or any
subdivision, agency or
instrumentality thereof,
including any GOCC or
its subsidiary.
Legislators cannot When it is for his
intervene in any matter pecuniary benefit or
before any office of the where he may be
government. called upon to act
on account of his
office.

Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s advice and
concurrence.
2. No law shall be enacted granting titles of royalty or nobility.

POWER TO TAX

Limitations:
1. The rule of taxation should be UNIFORM
2. It should be EQUITABLE
3. Congress should evolve a PROGRESSIVE system of taxation.
4. The power to tax must be exercised for a PUBLIC purpose because the power exists for the general welfare
5. The DUE process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates

1. Congress may, BY LAW, authorize the President to fix the following:

a. Tariff rates
b. Import and Export Quotas
c. Tonnage and wharfage dues
d. Other duties and imposts
Within the framework of the national development program of the Government

1. The exercise of such power by the President shall be within the specified limits fixed by Congress and
subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions:

1. The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M CA)
a. Charitable institutions
b. Churches, and parsonages or convents appurtenant thereto
c. Mosques
d. Non-profit cemeteries; and
e. All lands, buildings and improvements actually, directly and exclusively used for religious, charitable,
or educational purposes.

1. All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes
and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for
educational purposes. (Art. XIV Sec 4 (3))
2. Grants, endowments, donations or contributions used actually, directly and exclusively for educational
purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))

Power of the Purse

No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law.

a. This places the control of public funds in the hands of Congress.

b. BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the
rule does not require yearly or annual appropriation.

Limitations
a. Appropriations must be for a PUBLIC PURPOSE
b. Cannot appropriate public funds or property, directly or indirectly, in favor of
i. Any sect, church, denomination, or sectarian institution or system of religion or
ii. Any priest, preacher, minister, or other religious teacher or dignitary as such. EXCEPT if the
priest, etc is assigned to:
• the Armed Forces; or
• any penal institution; or
• government orphanage; or
• leprosarium

a. BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it
incidentally benefits a religion.
ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for
all religions.

Special funds
Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such
purpose only.
Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the
Government

INITIATIVE AND REFERENDUM

INITIATIVE
The power of the people to propose amendments to the Constitution or to propose and enact legislation
called for the purpose.

REFERENDUM
Power of electorate to approve or reject legislation through an election called for the purpose

Required petition
• should be signed by at least 10% of the total number of registered voters
• every legislative district should be represented by at least 3% of the registered voters
• petition should be registered

ARTICLE VII - THE EXECUTIVE DEPARTMENT

Executive power is vested in the President of the Philippines.

PRESIDENT VICE PRESIDENT

At least 40 years old on the day of election
Natural-born citizen of the Philippines
Able to read and write
Registered voter
 Resident of the Philippines for at least 10
years
immediately preceding the election
Term of 6 years
Unless otherwise provided by law, term of
office
commences at noon of June 30 next
following
the election
Single term only; Term limitation: 2
not
eligible for any successive terms
reelection
Any person who Voluntary
has renunciation
succeeded as Of the office for any
President, Length of time is not
an
and served as Interruption in the
such for
more than 4 years Continuity of service
shall
NOT be qualified For the full term for
for
election to the Which he was
same
office at any time Elected.

Manner of Election
1. The President and Vice-President shall be elected by direct vote of the people.
2. Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall
be forwarded to Congress, directed to the Senate President.
3. Not later than 30 days after the day of the election, the certificates shall be opened in the presence of both
houses of Congress, assembled in joint public session.
4. The Congress, after determining the authenticity and due execution of the certificates, shall canvass the
votes.
5. The person receiving the highest number of votes shall be proclaimed elected.
6. In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of
both Houses, voting separately. In case this results in a deadlock, the Senate President shall be the
acting President until the deadlock is broken.
7. The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns, and
qualifications of the President or Vice-President and may promulgate its rules for the purpose.

SALARIES AND EMOLUMENTS

1. Official salaries are determined by law.
2. Salaries cannot be decreased during the TENURE of the President and the Vice-President.
3. Increases take effect only after the expiration of the TERM of the incumbent during which the increase was
approved.
4. Prohibited from receiving any other emolument from the government or any other source during their
TENURE

PRESIDENTIAL SUCCESSION

Vacancies at the beginning of the term

VACANCY SUCCESSOR
 President-elect fails VP-elect will be Acting
to qualify or to be President until
chosen someone is
qualified/chosen as
President.
President-elect dies VP becomes
or is permanently President.
disabled.
Senate President
or
In case of his inability,
the Speaker of the
House shall act as
President until a
President or a VP
shall have been
chosen and qualified.

In case of death or
disability of (1) and
(2), Congress shall
determine, by law,
who will be the acting
President.

Vacancies during the term

VACANCY SUCCESSOR
President dies, is Vice-President
permanently becomes President
disabled, is for the unexpired
impeached, or term.
resigns.
Both President and Senate President or
Vice-President die, In case of his
become permanently inability, the Speaker
disabled, are of the House shall
impeached, or act as President until
resign. the President or VP
shall have been
elected and qualified.

Vacancy in office of Vice-President during the term for which he was elected:

a. President will nominate new VP from any member of either House of Congress.
b. Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses, voting
separately. (Nominee forfeits seat in Congress)

Election of President and Vice-President after vacancy during term

a. Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without
need of a call. The convening of Congress cannot be suspended.
b. Within 7 days after convening, Congress shall enact a law calling for a special election to elect a
President and a VP. The special election cannot be postponed.
 c. The special election shall be held not earlier than 45 days not later than 60 days from the time of the
enactment of the law.
d. The 3 readings for the special law need not be held on separate days.
e. The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next
presidential election.

Temporary disability of the President:

The temporary inability of the President to discharge his duties may be raised in either of two ways:
a. By the President himself, when he sends a written declaration to the Senate President and the Speaker
of the House. In this case, the Vice-President will be Acting President until the President transmits a
written declaration to the contrary.

a. When a majority of the Cabinet members transmit to the Senate President and the Speaker their written
declaration.

i. The VP will immediately be Acting President.

ii. BUT: If the President transmits a written declaration that he is not disabled, he reassumes his
position
iii. If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits
their written declaration, Congress shall decide the issue. In this event, Congress shall
reconvene within 48 hours if it is not in session, without need of a call.
iv. Within 10 days after Congress is required to assemble, or 12 days if Congress is not in session, a
2/3 majority of both Houses, voting separately, is needed to find the President temporarily
disabled, in which case, the VP will be Acting President.

Presidential Illness:

a. If the President is seriously ill, the public must be informed thereof.

b. Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief of
Staff of the AFP are entitled to access to the President

Impeachment: (as means of removal from office)

Grounds:
Culpable violation of the Constitution
treason
bribery
graft and corruption
other high crimes or
betrayal of public trust

Resignation is a factual question:

there must be an intent to resign and the
intent must be coupled by acts of
relinquishment. The validity of a resignation
is not governed by any formal requirement
as to form. It can be oral. It can be written.
It can be express. It can be implied. As
long as the resignation is clear, it must be
given legal effect.
Using the totality test, SC held that Estrada
resigned as President.
 It was confirmed by his leaving
Malacanang. In the press release
containing his final statement, (1) he
acknowledged the oath-taking of the
respondent as President of the Republic
albeit with reservation about its legality; (2)
he emphasized he was leaving the Palace,
the seat of the presidency, for the sake of
peace and in order to begin the healing
process of our nation. He did not say he
was leaving the Palace due to any kind of
inability and that he was going to re-assume
the presidency as soon as the disability
disappears; (3) he expressed his gratitude
to the people for the opportunity to serve
them. Without doubt, he was referring to
the past opportunity given him to serve the
people as President; (4) he assured that he
will not shirk from any future challenge that
may come ahead on the same service of
our country. Petitioner’s reference is to a
future challenge after occupying the office of
the president which he has given up; and (5)
he called on his supporters to join him in the
promotion of a constructive national spirit of
reconciliation and solidarity. Certainly, the
national spirit of reconciliation and solidarity
could not be attained if he did not give up
the presidency. The press release was
petitioner’s valedictory, his final act of
farewell. His presidency is now in the past
tense. (Estrada v. Desierto, G.R. Nos.
146710-15, March 2, 2001, en Banc
[Puno])

DISQUALIFICATIONS
SUBJECT SOURCE OF
DISQUALIFICATION
President, Prohibited from:
Vice- Holding any office or
President, employment during their
Cabinet tenure, UNLESS:
Members, a. otherwise provided in
Deputies or the Constitution (e.g.
Assistants of VP can be appointed a
Cabinet Cabinet Member, Sec.
Members of Justice sits on
Judicial and Bar
Council); or
b. the positions are ex-
officio and they do not
receive any salary or
other emoluments
therefore (e.g. Sec. of
Finance is head of
Monetary Board).
 Practicing, directly or
indirectly, any other
profession during their
tenure;
Participating in any
business;
Being financially interested
in any contract with, or in
any franchise, or special
privilege granted by the
government or any
subdivision, agency or
instrumentality thereof,
including GOCC's or their
subsidiaries.

N.B. The rule on

disqualifications for the
President and his Cabinet
are stricter than the normal
rules applicable to
appointive and elective
officers under Art. IX-B, Sec.
7.
Spouses and Cannot be appointed during
4th degree President’s tenure as:
relatives of Members of the
the President Constitutional Commissions;
(consanguinit Office of the Ombudsman;
y or affinity) Department Secretaries;
Department Usecs;
Chairman or heads of
bureaus or offices including
GOCC’s and their
subsidiaries.
N.B.
a. If the spouse, etc., was
already in any of the
above offices at the time
before his/her spouse
became President,
he/she may continue in
office. What is
prohibited is
appointment and
reappointment, NOT
continuation in office.
b. Spouses, etc., can be
appointed to the
judiciary and as
ambassadors and
consuls.

POWERS OF THE PRESIDENT

EXECUTIVE POWER –power to enforce and administer laws.

• President shall have control of all executive departments, bureaus and offices. He shall ensure that laws
 are faithfully executed.
• Until and unless a law is declared unconstitutional, the President has a duty to execute it regardless of
his doubts as to its validity.
• The President CANNOT dispose of state property unless authorized by law.

POWER TO APPOINT

Principles:
• Since the power to appoint is executive in nature, Congress cannot usurp this function.
• While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular
offices, the determination of who among those who are qualified will be appointed is the President’s
prerogative.

• with consent of the Commission on Appointments

• Heads of executive departments
• Ambassadors, other public ministers, and consuls
• Officers of AFP from rank of colonel or naval captain
• Other officers whose appointment is vested in him by the Constitution:
• Chairmen and members of the COMELEC, COA and CSC.
• Regular members of the Judicial and Bar Council.
• The Ombudsman and his deputies;
• Sectoral representatives in Congress.

Note
President also appoints members of the Supreme Court and judges of the lower courts, but these
appointments do not need CA confirmation.

1. All other officers whose appointments are not otherwise provided for by law; and those whom he may be
authorized by law to appoint.

a. This includes the Chairman and members of the Commission on Human Rights, whose
appointments are provided for by law NOT by the Constitution.
b. Congress may, by law, vest the appointment of other officers lower in rank in the President alone or
in the courts, or in the heads of departments, agencies, boards or commissions.
c. BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for
offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral
Governor).
d. ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is
not required to be confirmed does not vest the CA with jurisdiction. The President cannot extend
the scope of the CA’s power as provided for in the Constitution.

• prior recommendation or nomination by the Judicial and Bar Council:

• Members of the Supreme Court and all lower courts; and
• Ombudsman and his 5 deputies

• requiring nominations by multi-sectoral groups

• Regional consultative commission
• Party-list representatives, before the Party-list Law

• appointment of Vice-President as member of the Cabinet

• appointment solely by the President

• those vested by the Constitution on the President

• those whose appointments are not otherwise provided for by law
• those whom he may be authorized by law to appoint, and
 • those other officers lower in rank whose appointment is vested by law in the President alone.
•
Procedure:
1. CA confirmation needed:
a. Nomination by President
b. Confirmation by CA
c. Appointment by President; and
d. Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the nomination or
appointment.

1. No CA confirmation:
a. Appointment; and
b. Acceptance.

Note: Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:
1. When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation.
2. These appointments are effective immediately, but are only effective until they are disapproved by the CA or
until the next adjournment of Congress.
3. Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or
re-assumption of office.

Limitation
1. 2 months immediately before the next Presidential elections, and up to the end of his term, the President or
Acting President SHALL NOT make appointments. This is to prevent the practice of ‘midnight appointments.
EXCEPTION:
a. Can make TEMPORARY APPOINTMENTS
b. To fill EXECUTIVE POSITIONS;
c. If continued vacancies therein will prejudice public service or endanger public safety.
2.) The spouse and relatives by consanguinity or affinity within the 4 th civil degree of the President shall not,
during his tenure, be appointed as:
• Members of the Constitutional Commissions;
• Members of the Office of the Ombudsman;
• Secretaries;
• Undersecretaries;
• Chairman or heads of bureaus or offices, including GOCC and their subsidiaries.

POWER OF REMOVAL

General rule: this power is implied from the power to appoint.

Exception: those appointed by him where the Constitution prescribes certain methods for separation from public
service (e.g. impeachment)

• POWER OF CONTROL AND SUPERVISION

a. Power of Control:
• The power of an officer to alter, modify, or set aside what a subordinate officer has done in the
performance of his duties, and to substitute the judgment of the officer for that of his subordinate.
Thus, the President exercises control over all the executive departments, bureaus, and offices.
 • The President’s power over GOCCs comes not from the Constitution but from statute. Hence, it
may be taken away by statute.

Qualified Political Agency:

1. Since all executive and administrative organizations are adjuncts of the Executive Department, the heads of
such departments, etc. are assistants and agents of the President.
2. Thus, generally the acts of these department heads, etc, which are performed and promulgated in the
regular course of business, are presumptively the acts of the President.
3. Exception: If the acts are disapproved or reprobated by the President.
4. Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in
order to comply with the requirement of exhaustion of administrative remedies.
5. Qualified political agency does NOT apply if the President is required to act in person by law or by the
Constitution. Example: The power to grant pardons must be exercised personally by the President.

Disciplinary Powers:
1. The power of the President to discipline officers flows from the power to appoint the, and NOT from the
power control.
2. BUT While the President may remove from office those who are not entitled to security of tenure, or those
officers with no set terms, such as Department Heads, the officers, and employees entitled to security of
tenure cannot be summarily removed from office.

b. Power of Supervision:
1. This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.
2. The power of the president over local government units is only of general supervision. Thus, he can only
interfere with the actions of their executive heads if these are contrary to law.
3. The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.
4. The power of supervision does not include the power of control; but the power of control necessarily includes
the power of supervision.

COMMANDER-IN-CHIEF POWERS

Scope:
1. The President is the Commander-in-Chief of the Armed Forces.
2. Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:
a. Lawless violence;
b. Invasion; or
c. Rebellion.
1. The President may also:
a. Suspend the privilege of the writ of habeas corpus; and
b. Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring martial law;
Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
The invasion or rebellion must be ACTUAL and not merely imminent.
Limitations:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the President must submit a report to Congress
personally or in writing
c. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set aside
the revocation.
d. In the same manner, at the President’s initiative, Congress can extend the same for a period determined
by Congress if Invasion or rebellion persists and public safety requires it.
e. The Supreme Court can inquire into the sufficiency of the factual basis for such action, at the instance of
any citizen. Decision must be promulgated 30 days within its filing
f. Proclamation does not affect the right to bail
 g. Suspension applies only to persons facing charges of rebellion or offenses inherent in or directly
connected with invasion
h. Person arrested must be charged within 3 days, if not, must be released
i. Proclamation does not supersede civilian authority.

NOTE: Congress CANNOT extend the period motu propio.

Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.

Martial Law does NOT:

i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function and
iv. Automatically suspend the privilege of the writ.

Note
While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review,
the actual use by the President of the armed forces is not. Thus, troop deployments in times of war are subject
to the President’s judgment and discretion.

PARDONING POWER

It is discretionary, may not be controlled by the legislature or reversed by the court, unless there is a
constitutional violation

Scope:
• The President may grant the following:
• Pardons (conditional or plenary)
• Reprieves
• Commutations
• Remittance of fines and forfeitures

• These may only be granted AFTER conviction by final judgment.

• ALSO: The power to grant clemency includes cases involving administrative penalties.
• Where a conditional pardon is granted, the determination of whether it has been violated rests with the
President.

Limitations:
• Cannot be granted:
(a) Before conviction and
(b)In cases of impeachment
(c) For violations of election laws, rules, and regulation without the favorable recommendation of the COMELEC,
and
(d) In cases of civil or legislative contempt
• As to effect:
• Does not absolve civil liabilities for an offense.
• Does not restore public offices already forfeited, although eligibility for the same may be
restored.
Amnesty:
• An act of grace concurred in by Congress, usually extended to groups of persons who commit
political offenses, which puts into oblivion the offense itself.
• President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all the
members of Congress.
• When a person applies for amnesty, he must admit his guilt of the offense which is subject to such
amnesty. If his application is denied, he can be convicted based on this admission of guilt.

Pardon:
• act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts
for a crime he has committed.

Classification of pardon:
• plenary or partial, and
• absolute or conditional
Commutation
• reduction or mitigation of the penalty

Reprieve
• postponement of sentence or stay of execution

Parole
• release from imprisonment, but without full restoration of liberty, as parolee is in the custody of the law
although not in confinement

Amnesty vs. Pardon

AMNESTY PARDON
Addressed to Addressed to
POLITICAL offenses ORDINARY offenses
Granted to a CLASS Granted to
of persons INDIVIDUALS
Need not be Must be accepted
accepted
Requires No need for
concurrence of Congressional
majority of all concurrence
members of
Congress

A public act. Subject Private act of

to judicial notice President. It must be
proved.
 Extinguishes the Only penalties are
offense itself extinguished.
May or may not
restore political
rights. Absolute
pardon restores.
Conditional does not.
Civil indemnity is not
extinguished.
May be granted Only granted after
before or after conviction by final
conviction judgment

BORROWING POWER

The President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of
the Monetary Board, subject to such limitations as may be provided by law.
Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter.

DIPLOMATIC POWER

Power to negotiate treaties and other international agreements

BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in order
to be valid and effective in our country.
Options of Senate when a treaty is submitted for its approval:
• Approve with 2/3 majority
• Disapprove outright; or
• Approve conditionally, with suggested amendments.
• If treaty is not re-negotiated, no treaty
• If treaty is re-negotiated and the Senate’s suggestions are incorporated, the treaty will go into
effect without need of further Senate approval.
Note
While our municipal law makes a distinction between international agreements and executive
agreements, with the former requiring Senate approval and the latter not needing the same, under international
law, there is no such distinction.

The power to ratify is vested in

the President 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. (BAYAN [Bagong
Alyansang Makabayan] v. Executive
Secretary Ronaldo Zamora, G.R. No.
138570, Oct. 10, 2000, En Banc [Buena])

The President can refuse to

submit a treaty to the Senate or, having
secured its consent for its ratification, refuse
to ratify it. (Pimentel, Jr. v. Office of the
Executive Secretary, 462 SCRA 622, July
6, 2005 [ Puno])
Note
In case of conflict between treaty and municipal law:
(i) Philippine court: The later enactment will prevail, be it treaty or law, as it is the latest expression of the State’s
will.

(ii) International tribunal: Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.

Note
The President cannot, by executive agreement, undertake an obligation which indirectly circumvents a legal
prohibition.

INFORMING POWER

President shall address Congress at the opening of its regular session. President may also appear
before it at any other time

RESIDUAL POWER

Powers of the President not set forth in the Constitution. (Marcos vs Manglapus, 178 SCRA 760)

POWER OF IMPOUNDMENT

Impoundment refers to the refusal of the President, for whatever reason, to spend funds made available by
Congress. It is the failure to spend or obligate budget authority of any type. (PHILCONSA v. Enriquez, 235
SCRA 506, Aug. 9, 1994 [Quiason])

OTHER POWERS
• Call Congress to a special session
• Approve or veto bills
• Deport aliens
• This power is vested in the President by virtue of his office, subject only to restrictions as may be
provided by legislation as regards to the grounds for deportation
• The power to deport aliens is limited by the requirements of due process, which entitles the alien
to a full and fair hearing
• BUT the alien is not entitled to bail as a matter of right.
• Consent to deputization of government personnel by COMELEC
• Discipline such deputies
• General supervision over local government units and autonomous regional governments
• General supervision – mere overseeing of subordinates to make sure that they do their duties
under the law but does not include the power to overrule their acts, if these acts are within their
discretion.
• By delegation from Congress, exercise emergency and tariff powers

CONDITIONS FOR THE EXERCISE OF EMERGENCY POWERS:

• there must be a war or national emergency;
• there must be a law authorizing the President to exercise emergency powers;
• exercise must be for a limited period;
• must be subject to restrictions that Congress may provide;
• exercise must be necessary and proper to carry out a declared national policy
 ARTICLE VIII - THE JUDICIAL DEPARTMENT

JUDICIAL POWER

1. Duty of Courts of Justice to settle justiciable controversies or disputes involving rights that are legally
enforceable and demandable or the redress of wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower courts as may be established by law.
3. Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt to assume nor be
compelled to perform non-judicial functions. They may not be charged with administrative functions except when
reasonably incidental to the fulfillment of their duties.
4. In order that courts may exercise this power, there must exist the following:
• An actual controversy with legally demandable and enforceable rights;
• Involving real parties in interest;
• The exercise of such power will bind the parties by virtue of the court’s application of existing laws.
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are
violated, there can be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.

The duties of the courts are

• to settle actual controversies involving rights which are legally demandable and enforceable; and
• To determine whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the government.

Political Questions:
One the resolution of which has been vested by the Constitution exclusively in either the people, in the
exercise of their sovereign capacity, or in which full discretionary authority has been delegated to a co-equal
branch of the Government.

An issue is a political question when it does not deal with the interpretation of a law and its application to a
case, but with the very wisdom of the law itself.
Thus, while courts can determine questions of legality with respect to governmental action, they cannot
review government policy and the wisdom thereof, for these questions have been vested by the Constitution in
the Executive and Legislative Departments.

JUSTICIABLE POLITICAL
QUESTION QUESTION
a definite and 2 aspects:
concrete
dispute touching those questions which,
on the
legal relations of under the Constitution,
parties
having adversarial are to be decided by
the
interests when people in their
may be sovereign
resolved by a court capacity; or
of law
through the in regard to which full
application
of law discretionary authority
has been delegated to
the Legislature or
Executive branches of
government.
Safeguards that guarantee independence of Judiciary:
• SC is a Constitutional body, may not be abolished by law;
• Members are only removable by impeachment;
• SC may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction may not be
increased without its advice or concurrence;
• SC has administrative supervision over all inferior courts and personnel;
• SC has exclusive power to discipline judges/justices of inferior courts;
• Members of judiciary enjoy security of tenure;
• Members of judiciary may not be designated to any agency performing quasi-judicial or administrative
functions;
• Salaries of judges may not be reduced; judiciary enjoys fiscal autonomy;
• SC alone may initiate Rules of Court;
• SC alone may order temporary detail of judges; and
• SC can appoint all officials and employees of the Judiciary

POWER OF JUDICIAL REVIEW

Judicial review – power of the courts to test the validity of executive and legislative acts in light of their
conformity with the Constitution. This is not an assertion of superiority by the Courts over the other department,
but merely an expression of the supremacy of the Constitution. (Angara v Electoral Commission, 63 Phil 139)

Seven (7) rules of avoidance of constitutional questions (J. Brandeis) :

In the following cases, the court must refrain from passing on the issue of constitutionality or from exercising
judicial review:

1. Friendly, non-adversary proceedings. (no vital conflict)

2. Anticipation of a question of constitutional law in advance of the necessity of deciding it. (premature case)
3. Formulation of a rule broader than is required by the precise facts to which it is applied.
4. Existence of other grounds upon which the case may be disposed of (not the very lis mota)
5. A complaint made by one who fails to show injury as to its operation. (no standing)
6. Instance of one who has availed himself of its benefit.
7. Possibility of a construction of the statute which can avoid the resolution of the constitutional question.

Policy of strict necessity (Rescue Army case)

The court must, as much possible, refrain from exercising judicial review unless all the requirements for its
exercise are fulfilled, thus the following must be avoided: (i) political questions, (ii) advisory opinions, (iii) moot
and academic issues, and (iv) no standing.

Mootness - A case becomes moot when there are facts, injuries and arguments but for some reason the legal
problem has become stale. When a case is moot and academic, it ceases to be a case and controversy. Any
decision reached by the court would not be conclusive on the parties.

Exceptions to mootness:
1) If the question is capable of repetition and evasive of review.
2) If there exists a mere possibility of collateral legal consequences if the court does not act.
3) Voluntary cessation from the wrongful act by the defendant, if he is free to return to his old ways.

Ripeness - A constitutional question may come to the court either too early or prematurely, so that it is still
abstract (advisory opinion), or too late, so that the court's decision would no longer affect the parties (mootness).
The court must resolve constitutional issues only when they come to it at the right time (ripeness).

No Standing - A party has a standing in a case if his interest is such that he stands to be benefited if the case is
resolved in his favor, and he stand to be really injured if it is decided against him. The test of standing is whether
the party has alleged such a personal stake in the outcome of the controversy as to assure such concrete
adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination
of difficult constitutional questions (Baker v Carr, supra.) A person has standing to challenge the governmental
act only if he has a personal and substantial interest in the case such that he has sustained, or will sustain, direct
injury as a result of its enforcement. (People v. Vera, infra.)

Functions of Judicial Review

1. Checking - invalidating a law or an executive act that is found to be contrary to the Constitution.

2. Legitimating (legitimizing) - upholding the validity of the law which results from a mere dismissal of a case
challenging the validity of that law.
When the Court exercises this function, it uses the double negative by declaring that the law is "not
unconstitutional". This is not mere semantics. The Court cannot declare the law constitutional for it already
enjoys the presumption of constitutionality. As anyone who challenges the validity of a law has the burden of
proof to show its invalidity, declaring that the law is not unconstitutional is tantamount to saying that the
challenger has not met the burden required.

3. Symbolic - to educate the bench and bar as to the controlling principles and concepts on matters of great
public importance.

All courts can exercise judicial review (see powers of SC under Art. VIII, Sec. 5(2).

The review power of the SC implies that it has appellate jurisdiction over final judgments of lower courts
on cases with constitutional issues. If so, inferior courts have original jurisdiction over constitutional cases
although they decide the case only at first instance, their decision being always reviewable by the SC.

Effect of Declaration of unconstitutionality

• void - if on its face, it does not enjoy any presumption of validity. It produces no effect whatsoever,
creates no right or office, it imposes no duty. Whatever penalty was paid during the period of its
operation must be remitted.
• voidable - if, on its face, it enjoys the presumption of validity. The law becomes inoperative only upon
the judicial declaration of its invalidity. The invalidation produces no retroactive effect

Prior to the declaration that a particular law is unconstitutional, it is considered as an ‘operative fact’ which at
that time had to be complied with.
Thus, vested rights may have been acquired under such law before it was declared unconstitutional.
These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.

Notes
Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites for Exercise of Power:

1. An ACTUAL CASE calling for the exercise of judicial power – a conflict of legal rights, an assertion of
opposite legal claims susceptible of judicial determination

2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an
adverse effect on the person challenging it.

3. The person challenging the governmental act must have ‘STANDING’, i.e. a personal and substantial interest
in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement.

4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity.

5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.

Grave abuse of discretion amounting to lack of jurisdiction - capricious and whimsical exercise of judgment.
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 enjoined by law, or to act at all in contemplation of law, as where the power is exercised
in an arbitrary and despotic manner by reason of passion or hostility. (Intestate Estate of Carmen de Luna v.
IAC, 170 SCRA 246)

ROLES OF CONGRESS

1. Defining enforceable and demandable rights and prescribing remedies for violations of such rights; and
2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts.
BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution.
Creation and abolition of courts:
• The power to create courts implies the power to abolish and even re-organize courts.
• BUT this power cannot be exercised in a manner which would undermine the security of tenure of the
judiciary.
• If the abolition/re-organization is done in good faith and not for political or personal reasons, then it is
VALID. (same rule applies for civil servants)

FISCAL AUTONOMY

• The entire judiciary shall enjoy fiscal autonomy.

• Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the
previous year.
• Once approved, appropriations shall be automatically and regularly released.

Composition of the Supreme Court:

• Chief Justice and

• 14 Associate Justices

SC LOWER JUDGES OF
COLLEGIATE LOWER
COURTS e.g. NON-
CA, CTA. COLLEGIATE
Sandiganbayan COURTS
Natural born citizen of the Citizen of the
Philippines Philippines
(may be a
naturalized
Citizen)
at least 40 years old at least 35
years old(RTC)
at least 30 yrs
old
(inferior courts)
at least 15 years of 5 yrs practice of
experience as a judge law in
or in the practice of law in the the Phils or has
Philippines held
public office
requiring
admission to
the practice
of law as an
indispensable
requirement
 Person of proven competence, integrity, probity
and independence

.JUDICIAL AND BAR COUNCIL

Composition
Ex-officio chairman
• Supreme Court Chief Justice
Ex-officio members
• Secretary of Justice
• Representative of Congress
Regular members
• Representative of the IBP
• Professor of Law
• Retired member of SC; and
• Representative of private sector
Secretary de officio
• Clerk of the Supreme Court

Note
The last four are the regular members of the JBC. Regular members are appointed by the President with
CA approval. Regular members serve for 4 years, with staggered terms.

Functions of JBC
• recommend appointees to the Judiciary
• recommend appointees to the Office of the Ombudsman and his 5 deputies
• Exercise such other functions as the SC may assign to it.

Appointments to the Judiciary

• President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the JBC.
• No CA confirmation is needed for appointments to the Judiciary.
• Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
• Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC
list.

SALARIES
• Salaries of SC Justices and judges of lower courts shall be fixed by law.
• Cannot be decreased during their continuance in office, but can be increased.
• Members of the Judiciary are NOT exempt from payment of income tax.

TENURE/DISCIPLINARY POWERS OF SC

1. Members of the SC and judges of the lower courts hold office during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.
2. Disciplinary action against judges of lower courts:
a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted
therein.
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.

THE SUPREME COURT

Hearing of cases:
• En banc; or
• Divisions of 3, 5, or 7.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an:
a. Treaty
b. International or executive agreement or
c. Law.
2. All cases required to be heard en banc under the Rules of Court:
a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions
3. All cases involving the constitutionality, application or operation of
a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions
e. Ordinances; and
f. Other regulations.
4. Cases heard by a division where required majority of 3 was not obtained.
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a
division.
6. Administrative cases to discipline or dismiss judges of lower courts; and
7. Election contests for President and Vice-President.

Cases heard by division

1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and
voted thereon.
2. Majority vote in a division should be at least 3 members.

Powers of the SC

ORIGINAL APPELLATE
jurisdiction jurisdiction
1) cases affecting 1) All cases involving
the
ambassadors, constitutionality or
other validity
public ministers of any: treaty,
and international
consuls. or executive
agreement,
NOTE: This refers law, presidential
to decree,
foreign proclamation, order,
ambassadors, etc.,
stationed in the instruction, ordinance,
Phils. or
regulation
2) Petitions for 2) All cases involving
certiorari, the
prohibition, legality of any: tax,
mandamus, impost,
quo warranto, and toll, assessment, or
any
habeas corpus penalty imposed in
relation
 thereto;
3) All cases in which
the
jurisdiction of any lower
court is in issue
4) Criminal cases
where
the penalty imposed is
reclusion perpetua or
higher; and
5) All cases where
ONLY
errors or questions of
law
are involved.

• Electoral Tribunal for Presidential and Vice-Presidential contests sitting en banc, over all contests
relating to the election, returns and qualification of the President or Vice-President
• Temporarily assign lower court judges to other stations in the public interest.

Note
Temporary assignment shall not exceed 6 months without the consent of the judge concerned.

5. Order a change of venue or place of trial to avoid a miscarriage of justice.

6. Promulgate rules concerning:

a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.

Limitations on Rule Making Power

a. provide a simplified and inexpensive procedure for the speedy disposition of cases.
b. uniform for all courts of the same grade.
c. shall not diminish, increase, or modify substantive rights

Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.
Exercise administrative supervision over ALL courts and the personnel thereof.
Submit to the President and Congress an annual report on the operation and activities of the Judiciary

DECISIONS
1. MUST state clearly and distinctly the facts and the law on which it is based.
2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis
for such refusal.
3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court,
are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference.
4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to military
tribunals.
5. Reached in consultation before being assigned to a member for the writing of the opinion.
6. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and
served upon the parties.
7. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.
Note
This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the Sandiganbayan).

ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS

Independent Constitutional Commissions:

1) Civil Service Commission (CSC)

2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)

The CSC, COMELEC, and the COA are equally pre-eminent in their respective spheres. Neither one may claim
dominance over the others. In case of conflicting rulings, it is the Judiciary, which interprets the meaning of the
law and ascertains which view shall prevail. (CSC v Pobre, GR 160508, September 15, 2004)

Safeguards that guarantee Independence of Commissions:

• they are constitutionally created, may not be abolished by statute;
• each is expressly described as “independent”;
• each is conferred certain powers and functions which cannot be reduced by statute;
• the Chairmen and members cannot be removed except by impeachment;
• the Chairmen and members are given a fairly long term of office of 7 years;
• the Chairmen and members may not be reappointed or appointed in an acting capacity (Brillantes v.
Yorac, 192 SCRA 358);
• the salaries of the Chairmen and members are relatively high and may not be decreased during
continuance in office;
• the Commissions enjoy fiscal autonomy;
• each Commission may promulgate its own procedural rules, provided they do not diminish, increase or
modify substantive rights (though subject to disapproval by the SC);
• the Chairmen and members are subject to certain disqualifications calculated to strengthen their
integrity;
• the Commissions may appoint their own officials and employees in accordance with Civil Service Law
(Nachura, Reviewer in Political Law, p. 209)

DISQUALIFICATIONS
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control of any business, which, in any way, may be affected by the
functions of their office; and
4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any
of its subdivisions, agencies, instrumentalities, including GOCC's and their subsidiaries.

Note
The Ombudsman and his deputies are subject to the same qualifications.

SALARIES
1) Salaries are fixed by law and shall not be decreased during their TENURE.
2) Decreases in salaries only affect those members appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.

RULES OF PROCEDURE

Procedures:
1) Rules: The Commissions may promulgate its own rules EN BANC.
2) Limitation: It shall not:
 a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of "special courts and
quasi-judicial bodies."
b).In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW

DECISION MAKING/APPEAL

Decision-Making:
1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from
submission.
• COMELEC may sit en banc or in 2 divisions.
• Election cases, including pre-proclamation controversies are decided in division, with motions for
reconsideration filed to the COMELEC en banc.
• The SC has held that a majority decision decided by a division of the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case for the
entire commission. (i.e. The Chairman cannot ratify a decision which would otherwise have been void).

Appeals:

1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.

Enforcement:
• It has been held that the CSC can issue a writ of execution to enforce judgments which are final.

THE CIVIL SERVICE COMMISSION

Composition:
1) Chairman
2) Commissioners – 2 commissioners

Qualifications:
1. Natural-born citizens of the Philippines;
2. At least 35 years old at the time of their appointments;
3. With proven capacity for public administration; and
4. NOT candidates for any elective position in the elections immediately preceding their appointment.
5. Appointees by the President to the CSC need Commission on Appointments (CA) confirmation

Term:
1) Chairman -7 years; Commissioner 1 - 5 yrs; Commissioner 2 - 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity.

Scope:

The Civil Service embraces all:

A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
1."With Original Charter" means that the GOCC was created by special law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not subject to the
CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.

Appointments to civil service shall be:

A. Competitive positions
• According to merit and fitness to be determined by competitive examinations, as far as practicable
except to positions which are policy-determining, primarily confidential, or highly technical.

B. Non-competitive positions
• No need for competitive examinations.

Three Kinds
a) Policy-determining - formulate a method of action for the government

b) Primarily confidential - primarily close intimacy which insures freedom of intercourse without embarrassment
of freedom from misgivings or betrayals on confidential matters of State; or one declared to be so by the
President upon recommendation of the SCS (Salazar v Mathay, 73 SCRA 275)

c) Highly technical - requires technical skill to a superior degree.

C. TEST to determine whether non/competitive is the Nature of the responsibilities, NOT the administrative or
legislative description given to it.

D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are
filled.

E. Who may be appointed?

1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed
therein.
2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the
appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.

F. Next-In-Rank Rule - While a person next in rank is entitled to preferential consideration, it does not follow that
only he, and no one else, can be appointed. Such person has no vested right to the position and the appointing
authority is not bound to appoint the person next in rank.

Tenure (Classification of Positions)

Career Service Non-Career Service
1. Entrance based 1. Entrance on bases
on merit and fitness OTHER than usual tests
to be determined of merit and fitness.
as far as
practicable by
competitive
examinations or
based on highly
technical
qualifications.
2. Entitled to Tenure limited to:
security of tenure a. Period specified
by law,
b. Coterminous
with the
 appointing
authority or
subject to his
pleasure, or
c. Limited to the
duration of a
particular
project for which
purpose the
employment
was made.

3. With opportunity
for advancement to
higher career
positions.

Kinds of career service:

• open career positions – prior qualification via examination;
• closed career positions – e.g., scientific or highly technical
• career executive service – e.g.’ Undersecretaries, Bureau Directors;
• career officers – appointed by President, e.g., foreign service;
• positions in AFP, governed by separate merit system
• personnel of GOCC’s with original charter
• permanent laborers, whether skilled, semi-skilled or unskilled

Kinds of non-career service

• elective officials and their personal and confidential staff;
• department heads and officials of cabinet rank, and their personal and confidential staff;
• chairmen and members of commissions and boards with fixed terms of office and their personal and
confidential staff;
• contractual personnel or those whose employment in government is in accordance with special contract
for specific work; and
• emergency and seasonal personnel

Security of Tenure:
1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by
law. It guarantees both procedural and substantive due process.
2) "LEGAL CAUSE":
a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights & interests of the public)
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold office only for so long as confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of office
c). Non-career service officers and employees do not enjoy security of tenure. d). Political appointees in the
foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper
appointing authority does not acquire security of tenure.

Abolition of Office

To be valid, abolition must be made:

(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law.
Temporary employees are covered by the following rules:
1). Not protected by security of tenure can be removed anytime even without cause
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.

Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC's or their subsidiaries
b). Period of disqualification: One (1) year after such election.

2) Elective officials

a) Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their
tenure.
b) EXCEPTION: May hold ex office positions.
Examples: The Vice President may be appointed Cabinet member; Congressman may sit in the Judicial
and Bar Council;

c). To be eligible to hold any other office, the elected official must first resign from his office
d). Even Congress cannot, by law, authorize the appointment of an elective official.

3). Appointive officials

a) Cannot hold any other office or employment in the government, any subdivision, agency, instrumentality,
including GOCC's and their subsidiaries.
b) EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his position.
c) This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII, Sec. 13.
They are governed by the stricter prohibitions contained therein.

COMPENSATION
1) Prohibitions: apply to elected or appointed officers and employee
Cannot receive:
A. Additional - an extra reward given for the same office i.e. bonus
B. Double - when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer
C. Indirect Compensation

2) EXCEPTION: Unless specifically authorized by law

a. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or employee
concerned.
b. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited

3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with the
consent of Congress.

4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.

THE COMMISSION ON ELECTIONS

Composition: (7)
1) Chairman and
2) Commissioners (6)

Qualifications:
• Natural-born citizens of the Philippines;
 • At least 35 years old at the time of appointment
• Holders of college degrees; and
• Not candidates for any elective position in the immediately preceding elections.
• Majority of the Commission, including the Chairman must be:
• Members of the Philippines Bar
• Engaged in the practice of law for at least 10 years: “any activity in or out of court, which requires
the application of law, legal procedure, knowledge, training and experience.”
6) Appointments subject to CA approval

Term:
• Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs.
• LIMITATION: Single term only: no reappointment allowed
• Appointment to a vacancy: only for unexpired portion of predecessor’s term
• No temporary appointments, or appointments in acting capacity
• Thus, the President cannot designate an incumbent commissioner as acting Chairman.

• The choice of temporary chairman falls under the COMELEC’s discretion.

POWERS AND FUNCTIONS

Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative,
referendum, and recall.
Ex: COMELEC can enjoin construction of public works within 45 days of an election.

Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all
elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.

C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and
barangay offices shall be final, executory, and not appealable.
Exception: Appealable to the SC on questions of law.
• Contempt powers
• COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. It
CANNOT exercise this in connection with its purely executive or ministerial functions.
• If it is a pre-proclamation controversy, the COMELEC exercises quasi-judicial/administrative powers.
• Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial functions.

E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its appellate
jurisdiction. This is not an inherent power.

3) Decide, except those involving the right to vote, all questions affecting elections, including determination of
the number and location of polling places, appointment of election officials and inspectors, and registration of
voters.

Note
Questions involving the right to vote fall within the jurisdiction of the ordinary courts.

4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.
• This power is NOT limited to the election period.
 • Applies to both criminal and administrative cases.

5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of the Commission

on Elections.

• The political parties etc. must present their platform or program of government.
• There should be sufficient publication
• Groups which cannot be registered:
• Religious denominations/sects
• Groups which seek to achieve their goals through violence or unlawful means
• Groups which refuse to uphold and adhere to the Constitution
• Groups which are supported by any foreign government such as financial contributions related
to elections. If accepted, it is an additional ground for the cancellation of their registration with
the Commission, in addition to other penalties that may be prescribed by law

d). BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are
registerable.

e). Financial contributions from foreign governments and their agencies to political parties, organizations,
coalitions, or candidates related to elections constitute interference in national affairs. If accepted, it is an
additional ground for the cancellation of their registration with the Commission, in addition to other penalties that
may be prescribed by law.

1. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters;
investigate and, where appropriate, prosecute cases of violations of election laws, including acts or
omissions constituting elections frauds, offenses and malpractices.

• COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election
laws.
• COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the
actions of the COMELEC
• Preliminary investigation conducted by COMELEC is valid.

1. Recommend to the Congress effective measures to minimize election spending, including limitation of
places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds,
offenses, malpractices, and nuisance candidacies.

1. Recommend to the President the removal of any officer or employee it has deputized, or the imposition of
any other disciplinary action, for violation or disregard or, or disobedience to its directive, order, or decision.

1. Submit to the President and the congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.

Definition of Political Party - organized group of persons pursuing the same political ideals in a government
and includes its branches, and divisions

Importance of registration of a political party

1. Registration confers juridical personality on the party.
2. It informs the public of the party's existence and ideals.
3. It identifies the party and its officers for purposes of regulation by the COMELEC.

Prohibition on block-voting
1. General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system

RULES OF PROCEDURE/DECISION-MAKING
Rules of Procedure
• COMELEC can sit en banc or in two divisions
• It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases,
including pre-election controversies.

Decision-Making
• Election cases should be heard and decided in division. Provided that,
Motions for reconsideration of decisions should be decided by COMELEC en banc.
• ”Decisions” mean resolutions on substantive issues.
• If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here
may be heard by the division.
• EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct
manifest errors in the tallying of results by Board of Canvassers.

SUPERVISION/REGULATION OF FRANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES /

CONCESSIONS

Regulation of franchises
A. What can COMELEC supervise or regulate

1). the enjoyment or utilization of all franchises or permits for the operation of transportation and other public
utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the Government or any subdivision, agency or
instrumentality thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power

1). During the election period

• Under Article XI, Section 9, the election period commences 90 days before the day of the election and
ends 30 days thereafter.

• In special cases, COMELEC can fix a period.

2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative measures to the people
ratification
4). Referendum: power of the electorate to approve or reject legislation through an election called for that
purpose.

COMELEC and the MEDIA

1). COMELEC cannot compel print media to donate free space to the COMELEC. It may, however, compel it to
provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example, COMELEC may not
regulate media practitioners, for this would violate the freedom of expression.

PARTY LIST SYSTEM

Importance of registration of a political party

• Registration confers juridical personality on the party
• It informs the public of the party’s existence and ideals
• It identifies the party and its officers for purposes of regulation by the COMELEC

Political parties, organizations, or coalitions registered under the party-list system shall NOT be represented in
the following:
1). Voters’ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.

Poll Watchers
Political parties, etc. are entitled to appoint poll watchers in accordance with law.

FUNDING

How provided
1. Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special
elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or special appropriations.
2. Funds should be certified by the COMELEC as necessary.

Release of funds
Once approved, funds should be released automatically upon certification by the Chairman of COMELEC.

THE COMMISSION ON AUDIT

Composition:
1. Chairman, and
2. Commissioners (2).

Qualifications:
1. Natural-born citizens of the Philippines
2. At least 36 years old at the time of their appointment;
3. Either:
a). CPA’s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
1. Members cannot all belong to the same profession.
2. Subject to confirmation of the CA.
3. Must not have been candidates for any elective position in the elections immediately preceding their
appointment.
Term:
1. Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs.
2. LIMITATION: - Single terms only; no re-appointment allowed
3. Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term

POWERS
1. Examine, audit, and settle accounts pertaining to:
A. Revenue and receipts of funds or property; or
B. Expenditures and uses of funds or property

Owned or held in trust by, or pertain to:

A. The Government;
B. Any of its subdivisions, agencies or instrumentalities;
C. Including GOCC’s with original charters.

1. Conduct post-audit with respect to the following:

A. Constitutional bodies, commissions, and offices granted fiscal autonomy;
B. Autonomous state colleges and universities;
C. GOCC’s and their subsidiaries incorporated under the Corporation Code.
D. Non-governmental entities receiving subsidies or equity, directly or indirectly, from or through the
government, which are required by law of the granting of institution to submit to such audit.

1. If COA finds internal control system of audited agencies as inadequate, COA may adopt measures, including
temporary or special pre-audit, as may be necessary.
1. Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining
thereto.

1. Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques and
methods required therefor.
2. Promulgate accounting and auditing rules and regulations.
A. Including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant,
or unconscionable expenditures or uses of government funds and properties.
B. Failure to comply with these rules can be a ground for disapproving the payment of a proposed
expenditure.

COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by
arithmetic process.
COA has authority not just over accountable officers but also over other officers who perform functions
related to accounting such as verification of evaluations and computation of fees collectible, and the adoption of
internal rules of control.
COA does not have the power to fix the amount of an unfixed or undetermined debt.
Where the following requirements are complied with, it becomes the ministerial duty of the COA to approve and
pass in audit vouchers for payment:
A. There is a law appropriating funds for a particular purpose;
B. There is a contract, made by the proper officer, entered into in conformity with the above-mentioned
law;
C. The goods or services covered by such contract have been delivered or rendered in pursuance to such
contract, as attested by the proper officer; and
D. Payment has been authorized by officials of the corresponding department or bureau.

Prosecutors may still review accounts already settled and approved by COA for the purpose of determining
possible criminal liability. This is because COA’s interest in such accounts is merely administrative.
COA has the power to determine the meaning of ‘public bidding’ and what constitutes failure when regulations
require public bidding for the sale of government property.

No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or
any investment of public funds, from the jurisdiction of the Commission on Audit.

ARTICLE X - LOCAL GOVERNMENT

TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE:

Composition:
1. Provinces
2. Cities;
3. Municipalities; and
4. Barangays

There shall be Autonomous regions in:

1. Muslim Mindanao, and
2. Cordilleras [At present, it is only the Cordillera ADMINISTRATIVE region]

Notes:
• A third autonomous regions would require a constitutional amendment.
• These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not
by law.
• While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGU’s

Local Autonomy
1. All political subdivisions shall enjoy local autonomy
2. This does not mean that the LGU’s are completely free from the central government.
• Judiciary may still pass on LGU actions
 • President may exercise disciplinary power over LGU officials.
PRESIDENTIAL SUPERVISION OF LGUS

Supervision of President
1. The President exercises general supervision over all LGUs
2. The President exercises DIRECT supervision over
A. Provinces
B. Autonomous regions and
C. Independent cities.
1. This power is limited to ensuring that lower officers exercise their functions in accordance with law.
2. The president cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to
law.
3. The President may, however, impose administrative sanctions against LGU officials, such as suspension for
120 days, and may even remove them from their posts, in accordance with law.
4. Provinces exercise direct supervision over component cities and municipalities.
5. Cities and municipalities exercise direct supervision over component barangays.

Limitations on the Power to create own sources of revenue

1. It is subject to such guidelines and limitations as Congress may provide. See Local Government Code for
examples.
2. The guidelines set by Congress should be consistent with the basic policy of local autonomy.
• The taxes, fees and charges shall accrue exclusively to the local governments.

Internal Revenue Allotment (IRA)

1. Share of LGUs in national taxes is limited to the internal revenue taxes.
2. The share of each LGU should be released, without need of any further action, directly to the provincial, city,
municipal or barangay treasurer. Release is made on a quarterly basis within 5 days after the end of each
quarter.
3. The share of each LGU should not be subject to any lien or holdback that may be imposed by the national
government for whatever purpose.
4. Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development projects.
5. Adjustments in IRA
A. Ground: Unmanageable public section deficit
B. President can make the necessary adjustments in the IRA upon the recommendation of the
following:
1. DOF Secretary
2. DILG Secretary
3. DBM Secretary
4. IRA considered for purposes of conversion from one political subdivision to the next. (Alvarez v.
Guingona)

Share of LGUs in national wealth

1. LGUs are entitled to an equitable share in the proceeds of the utilization and development of the national
wealth within their respective areas in the manner provided by law.
2. This includes share the same with the inhabitants by way of direct benefits.

Under the LGC

1. LGUs have a share of 40% of the gross collection derived by the national government from the preceding
fiscal year from
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. Share in any co-production, joint venture or production sharing agreement in the utilization
and development of the national wealth w/in their territorial jurisdiction
TERM OF OFFICE
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
1. No elective official shall serve for more than 3 consecutive terms
2. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.

SECTORAL REPRESENTATION IN LGUS

There should be representatives from:
1. The women’s sector
2. The workers
3. Third sector (can choose from any of the following)
A. Urban poor
B. Indigenous cultural communities
C. Disabled persons
D. Any other sector as may be determined by the sanggunian

Creation, abolition and division of LGU’s

1. Requisites
A. Compliance with the requirements of the Local Government Code; and
B. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected.
1. Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include voters of the
ENTIRE province, and not just the area to comprise the new province.
2. LGC requirements relate to matters such as population, revenue, and area requirements.

Special Metropolitan political subdivisions

Creation:
1. Congress may create special metropolitan political subdivisions by law.
2. It is subject to a plebiscite

Jurisdiction of Metropolitan authority

It is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and Municipalities

1. The component cities and municipalities retain their basic autonomy
2. They shall be entitled to their own local executive and legislative assemblies.

CITIES

Classification of Cities:
1. Highly urbanized (as determined by law)
2. Component cities (cities still under provincial control); and
3. Independent component cities (non-highly urbanized cities whose voters are prohibited by thecity charter
from voting in provincial elections)

Independence from the Province

1. Highly urbanized cities and independent component cities are independent of the province.
2. Component cities whose charter contain no such prohibition are still under the control of the province and its
voters may still vote for elective provincial officials.

Consolidation and Coordination of Efforts, Services and Resources

1. It is optional on the part of LGUs as shown by the use of the word “may”
2. It can be done for purposes commonly beneficial to them in accordance with the law.

Under LGC (Section 33)

1. Consolidation and coordination may be done through appropriate ordinances.
2. A public hearing should be conducted and the approval of the sanggunian obtained.
3. An LGU can:
A. Contribute funds, real estate, equipment and other kinds of property
B. Appoint/assign personnel under such terms and conditions as may be agreed upon by the
 participating LGUs through Memoranda of Agreement.

REGIONAL DEVELOPMENT COUNCILS

Who can provide for RDC

The President shall provide for RDC or other similar bodies composed of:

Composition
1. Local government officials
2. Regional heads of departments and other government offices
3. Representatives of NGOS within the regions

For Purpose of
1. Administrative decentralization
2. To strengthen local autonomy
3. To accelerate the economic and social growth and development of the units in the region

AUTONOMOUS REGIONS

Where:
Muslim Mindanao, Cordillera region

Factors:
1. Historical heritage
2. Cultural heritage
3. Economic and social structures,
4. Other relevant characteristics within:
A. The framework of the constitution
B. National sovereignty
C. Territorial integrity.

Creation:
1. Provided by law.
2. EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes cast in a plebiscite
held among the constituent units.
3. Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite shall form part of
the autonomous region.
4. If only 1 province approved the law, NO AUTONOMOUS REGION created, since the constitution requires
more than one province to constitute one (like what happened in the Cordillera plebiscite)
5. The question of which LGU’s shall constitute an autonomous region is one which is exclusively for Congress
to decide.

GENERAL SUPERVISION OVER AUTONOMOUS REGIONS

By Whom: The President

Purpose: To ensure that the laws are faithfully executed.

All powers, functions and responsibilities not granted by this Constitution or by law to the autonomous
region shall be vested in the National Government.
Examples: Foreign relations, National defense and Security, Monetary Affairs

LEGISLATIVE POWERS

The Organic Act of Autonomous Region shall provide for legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources
4. Personal, family and property relations
5. Regional, urban, and rural planning development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the cultural heritage; and
9. Such other matters as may be authorized by law for the promotion of the general welfare of the people of the
region.

Limitations:
1. Subject to the provisions of the Constitution and national laws
2. To be exercised within its territorial jurisdiction

PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY

Peace and Order

It shall be the responsibility of the local police agencies.

Defense and Security

It shall be the responsibility of the national government.
• An autonomous region consists of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures, and other
relevant characteristics within the framework of the Constitution and the national sovereignty as well as
the territorial integrity of the Republic of the Philippines. (Sec. 15, Art. X, 1987 Constitution)

• Administrative regions are mere groupings of contiguous provinces for administrative purposes. They
are not territorial and political subdivisions like provinces, cities, municipalities and barangays. While the
power to merge administrative regions is not expressly provided for in the Constitution, it is a power
which has traditionally been lodged with the President to facilitate the exercise of the power of general
supervision over local governments. (Abbas v. COMELEC, 179 SCRA 287, Nov. 10, 1989, En Banc
[Cortes])

• There is no conflict between the power of the President to merge administrative regions with the
constitutional provision requiring a plebiscite in the merger of local government units because the
requirement of a plebiscite in a merger expressly applies only to provinces, cities, municipalities or
barangays, not to administrative regions. (Abbas v. COMELEC)

• MMDA is not a political unit of government. The power delegated to the MMDA is that given to the Metro
Manila Council to promulgate administrative rules and regulations in the implementation of the MMDA’s
functions. There is no grant of authority to enact ordinances and regulations for the general welfare of
the inhabitants of the metropolis. This was explicitly stated in the last Committee deliberations prior to
the bill’s presentation to Congress. (MMDA v. Bel-Air Village Association, Inc., 328 SCRA 836)
Autonomy is either:
• decentralization of administration or
• decentralization of power.

decentralization of administration- when

the central government delegates
administrative powers to political
subdivisions in order to broaden the base of
government and in the process to make
local governments more responsive and
accountable, and ensure their fullest
development as self-reliant communities
 and make them more effective partners in
the pursuit of national development and
social progress. At the same time, it
relieves the central government of the
burden of managing local affairs and
enables it to concentrate on national
concerns. The President exercises general
supervision over them, but only to ensure
that local affairs are administered according
to law. He has no control over their acts in
the sense that he can substitute their
judgments with his own.
Decentralization of power, on the other
hand, involves an abdication of political
power in favor of local government units
declared autonomous. In that case, the
autonomous government is free to chart its
own destiny and shape its own future with
minimum intervention from central
authorities. According to a constitutional
author, decentralization of power amounts to
“self-immolation,” since in that event, the
autonomous government becomes
accountable not to the central authorities but
to its constituency. (Limbona v. Mangelin,
170 SCRA 786)

Requisites before a Local Government Unit can validly exercise the power of eminent domain
An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of the
LGU, to exercise the power of eminent domain or pursue expropriation proceedings over a particular private
property;
1. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the
poor and the landless;
2. There is payment of just compensation, as required under Section 9, Article III of the Constitution, and
other pertinent laws;
3. A valid and definite offer has been previously made to the owner of the property sought to be
expropriated, but said offer was not accepted. (Municipality of Paranaque v. V.M. Realty Corp., 292
SCRA 678, July 20, 1998 [Panganiban])

Requisites before the President may interfere in local fiscal matters

(1) an unmanaged public sector deficit of the national government;
(2) consultations with the presiding officers of the Senate and the House of Representatives and the presidents
of the various local leagues; and
(3) the corresponding recommendation of the secretaries of the Department of Finance, Interior and Local
Government, and Budget and Management. Furthermore, any adjustment in the allotment shall in no case be
less than thirty percent (30%) of the collection of national internal revenue taxes of the third fiscal year preceding
the current one. (Pimentel, Jr. v. Aguirre)

Ordinance vs. resolution

ordinance resolution
a law merely a declaration
of sentiment or
opinion of a
lawmaking body
on a specific matter
 possesses a temporary in
general and nature
permanent
character
a 3rd reading not required
is necessary unless decided
by majority of all
the Sanggunian
members

GENERAL RULE:
Only the provincial fiscal, provincial attorney, and municipal attorney should represent a municipality in its
lawsuits. (Ramos v. CA, 269 SCRA 34)
EXCEPTION:
When the municipality is an adverse party in a case involving the provincial government or another municipality
or city within the province.

Instances when the provincial fiscal may be disqualified to represent in court a particular municipality.
1. If and when original jurisdiction of case involving the municipality is vested in the Supreme Court;
2. When the municipality is a party adverse to the provincial government or to some other municipality
in the same province; and
3. When, in a case involving the municipality, he, or his wife, or child, is pecuniarily involved, as heir,
legatee, creditor or otherwise.(Ramos v. CA, 269 SCRA 34, March 3, 1997)

ARTICLE XI - ACCOUNTABILITY OF PUBLIC OFFICERS

IMPEACHABLE OFFICERS:
• President;
• Vice-president;
• Justices of the Supreme Court;
• Chairmen and Members of the Constitutional Commissions;
• Ombudsman
• Justices of the Sandiganbayan (PD 1606)

Grounds
• Culpable violation of the Constitution
• treason
• bribery
• graft and corruption
• other high crimes or
• betrayal of public trust

Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses.

• These officers cannot be charged in court with offenses that have removal from office as penalty.
• The President cannot be charged with murder.
• A SC Justice cannot be disbarred because this would disqualify him from his position.
• BUT AFTER an official has been impeached, he can be charged with the appropriate offense.
• Resignation by an impeachable official does not place him beyond the reach of impeachment
 proceedings; he can still be impeached.

PROCEDURE FOR IMPEACHMENT

Exclusive Power of House of Representatives

The House of Representatives has exclusive power to INITIATE all cases of impeachment.

Procedure:
1.) Filling of verified complaint
• Can be filed by:
• Any member of the House of Representatives or
• Any citizen upon a resolution of endorsement by any Member of the House or
• By at least 1/3 of all the Members of the House of Representatives
• Inclusion of complaint in the order of business with 10 session days
• Referral to proper Committee within 3 session days thereafter
• Submission of Committee report to the House together with corresponding resolution
• There should be a hearing
• There should be a majority vote of the members
• The report should be submitted within 60 days from referral, after hearing, and by a majority vote of ALL
its members.
• Calendaring of resolution for consideration by the House should be done within 10 session days from receipt
thereof
• Vote of at least 1/3 of all Members of the House necessary to:
• Affirm a favorable resolution with the Articles of Impeachment of the Committee or
• To override its contrary resolution

Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the
House, it shall constitute the Articles of Impeachment. Trial in the Senate shall proceed.

Limitation: No impeachment proceedings shall be initiated against the same official more than once within a
period of one year. (Art. XI, sec.3 [5])

The term “initiate” refers to the filing of the

impeachment complaint coupled with
Congress taking taking initial action of said
complaint. Having concluded that the
initiation takes place by the act of filing and
referral or endorsement of the impeachment
complaint to the House Committee on
Justice or by the filing by at least one-third
of the members of the House of
Representatives with the Secretary General
of the House, the meaning of Section 3 (5)
becomes clear. Once an impeachment
complaint has been initiated, another
impeachment complaint may not be filed
against the same official within a one year
period. (Francisco v. Nagmamalasakit na
mga mga Manananggol ng mga
Manggagawang Pilipino, Inc., 415 SCRA
44, Nov. 10, 2003 [Carpio-Morales])

7.) Trial in the Senate

 • Senate has the sole power to try and decide all cases of impeachment
• For this purpose, the Senators shall be under oath or affirmation
• When the President of the Philippines is on trial, the CJ of the Supreme Court presides. However, he/she
will not vote.
• Judgment of Conviction
This requires the concurrence of 2/3 of all the Members of the Senate

Effect of the Impeachment

• Removal from office of the official concerned
• Disqualification to hold any office under the Republic of the Philippines
• Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also
constitutes a felony or crime.

SANDIGANBAYAN

Sandiganbayan = the anti-graft court

Composition:
• A Presiding Justice and 14 Associate Justices with the rank of Justice of the CA
• Sits in 5 divisions of 3 members each

OFFICE OF THE OMBUDSMAN

Composition:
• An Ombudsman to be known as Tanodbayan;
• 1 overall Deputy; and
• At least 1 Deputy each for Luzon, Visayas and Mindanao;
• A separate Deputy for the military establishment may likewise by appointed

Qualifications: (Ombudsman and his deputies)

• Natural born citizen of the Philippines
• At least 40 years old at time of appointment
• Of recognized probity and independence
• Member of the Philippine bar
• Must not have been candidate for any elective office in the immediately preceding election
• For Ombudsman: He must have been for ten years or more (a) A judge or (b) Engaged in the practice
of law in the Philippines

Disqualifications/Prohibitions (under Article IX, Section 2)

• Cannot hold any other office or employment during his tenure
• Cannot engage in the practice of any profession or in the active management or control of any business
which may be affected by the functions of his office
• Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege
granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or
their subsidiaries

Appointment
1. Of Ombudsman and deputies
• By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. Vacancies
will be filled from a list of 3 nominees
• Appointments do NOT require confirmation
• All vacancies shall be filled within 3 months after they occur.

2. of other officials and employees of the Office of the Ombudsman

• By the Ombudsman
• In accordance with Civil Service Law
Term: (Ombudsman and deputies)
1. 7 years with reappointment
2. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office

Rank/Salaries:
1. The Ombudsman has the rank of Chairman of a Constitutional Commission
2. The Members have the rank of members of a Constitutional Commission
3. Their salaries cannot be decreased during their term of office.

Jurisdiction of the Sandiganbayan:

• original Jurisdiction
• violations of R.S. 3019, R.A. 1379, Chapter II,Sec 2, Title VII, Book II of the Revised Penal Code
where one or more of the accused are officials occupying the following positions in the government,
whether in permanent, acting or interim capacity at one time of the commission of the offense:
• officials in the Executive branch with the position of regional director or higher, or with Salary
Grade Level 27(G27) according to R.A.6758
• members of Congress and officials thereof with G27 and up
• members of the Judiciary without prejudice to the Constitution
• chairmen and members of the Constitutional Commissions without prejudice to the Constitution;
and
• all other national and local officials with G27 or higher;
• Other offenses or felonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in Subsection a in relation to their office;

• Civil and criminal cases filed pursuant to and in connection with E.O. nos. 1,2 and 14-A issued in
1986.
• Exclusive Original Jurisdiction over petitions for the issuance of the writs of mandamus, prohibitions,
certiorari, habeas corpus. Injunction and other ancillary writs and processes in aid of its appellate
jurisdiction, Provided, that jurisdiction over these petitions shall not be exclusive of the Supreme Court;
and
• Exclusive Appellate Jurisdiction over final judgments, resolutions or orders of Regional Trial Courts
whether in the exercise of their own original jurisdiction or of their appellate jurisdiction. (RA 8249)

Powers, Functions and Duties of the Office of the Ombudsman

1. Investigate on its own, or on complaint by any person, any act or omission of any public official, employee,
office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.
• The Ombudsman may always delegate his power to investigate.
• The power to investigate includes the power to impose preventive suspension.
• This preventive suspension is not a penalty.
• “INVESTIGATE” does not mean preliminary investigation.
• The complaint need not be drawn up in the usual form.
• The “ILLEGAL” act or omission need not be in connection with the duties of the public officer or
employee concerned.
• ANY illegal act may be investigated by the Ombudsman. In this regard, the Ombudsman’s jurisdiction is
CONCURRENT with that of the regular prosecutors.

• Direct, upon complaint or at its own instance, any public official or employee of the government, or any
subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation
with original charter, to perform and expedite any act of duty required by law, or to stop, prevent, and correct any
abuse or impropriety in the performance of duties.
• The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps are taken by the
officers concerned.
• The public official or employee must be employed in:
• The Government
 • Any subdivision, agency, or instrumentality thereof; or
• GOCC’s with original charters
• The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and
corruption, even if they are under the Supreme Court.

3.) Direct the officer concerned to take the appropriate action against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.
• The Ombudsman does NOT himself prosecute cases against public officers or employees.
• Final say to prosecute still rests in the executive department.
• The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute.

4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by
law to furnish it with copies of documents relating to contracts or transactions entered into by his office involving
the disbursement or use of public funds of properties, and report any irregularity to COA for appropriate action.

5.) Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents.

6.) Public matters covered by its investigation when circumstances so warrant and with due process

7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government and
make recommendations for their elimination and the observance of high standards of ethics and efficiency

8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as
may be provided by law

Note
The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or
manner against public officials or employees of the government, or any subdivision, agency or instrumentality
including GOCCs and their subsidiaries. In appropriate cases, it should notify the complainants of the action
taken and the result thereof.

Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations should be
automatically and regularly released.

OFFICE OF THE SPECIAL PROCECUTOR

• Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special Prosecutor
• Powers
• It will continue to function and exercise its powers as now or hereafter may be provided by law
• Exception: Powers conferred on the Office of the Ombudsman
3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman

Note: According to Jack, the SC was wrong because the ConCom intended that the SP was to prosecute anti-
graft cases.

RECOVERY OF ILL-GOTTEN WEALTH

Prescription, Laches, Estoppel

• The right of the State to recover properties unlawfully acquired by public officials and employees from
them or from their nominees or transferees shall NOT be barred by prescription, laches or estoppel.
• Their right to prosecute criminally these officials and employees may prescribe.

PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS

Coverage:
This prohibition applies to:
 • President
• Vice-President
• Members of the Cabinet
• Members of Congress
• Members of Supreme Court
• Members of ConComs
• Ombudsman
• Any firm or entity in which they have controlling interest

Prohibition applies during their TENURE.

Scope of prohibition:
• The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES:
• Loans
• Guarantees
• Other forms of financial accommodation
From:
• Government owned or controlled banks; or
• Government owned or controlled financial institutions.

• If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not apply.

Statements of assets, liabilities and net worth

When submitted:
Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon
assumption of office and as often as required under the law.

When declaration shall be disclosed to the public:

In a manner provided by law in the case of:
• President
• Vice-President
• Members of the Cabinet
• Members of Congress
• Justices of the Supreme Court
• Members of Constitutional Commissions
• Other constitutional offices
• Officers of the armed forces with general or flag rank

Allegiance of public officers and employees

Allegiance to the State and to the Constitution

Change in Citizenship/Immigrant Status
• Incumbent public officers and employees who seek either:
• Change his citizenship; or
• Acquire immigrant status in another country
Shall be dealt with by law.
• If Philippine citizenship is one of the qualifications to the office, the loss of such citizenship means the
loss of the office by the incumbent.
• The Election Code provides the rules with respect to non-incumbents, i.e. persons running for elective
offices.
• The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates
of candidacy unless they expressly waive their status as such. This renunciation must be some other
than, and prior to, the filling of the certificate of candidacy.

ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY

GOALS OF THE NATIONAL ECONOMY

1. More equitable distribution of wealth;

2. Sustained increase of goods and services for the benefit of the people; and
3. Increased productivity

REGALIAN DOCTRINE
Universal feudal theory that all lands were held from the Crown

Exception: any land in the possession of an occupant and of his predecessors-in-interest since time immemorial

Distinction between Imperium and Dominium

• Imperium - Government authority possessed by the State which is appropriately embraced in
sovereignty.

2. Dominium
• The capacity of the State to own and acquire property.
• It refers to lands held by the government in a proprietary character: can provide for the
exploitation and use of lands and other natural resources.

The following are owned by the State:

• Lands of the public domain:
• Waters
• Minerals, coals, petroleum, and other mineral oils;
• All sources of potential energy;
• Fisheries;
• Forests or timber;
• Wildlife;
• Flora and fauna; and
• Other natural resources.

Alienation of Natural Resources

1. General Rule: All natural resources CANNOT be alienated
2. Exception: Agricultural lands

Exploration, Development and Utilization of Natural Resources

1. Shall be under the full control and supervision of the State
2. Means
• The state may DIRECTLY UNDERTAKE such activities
• The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING
arrangements with Filipino citizen or Corporation or association at least 60% of whose capital is owned
by such citizens
3. Limitations:
• Period: It should not exceed 25 years, renewable for not more than 25 years
• Under terms and conditions as may be provided by law.
4. In case of water rights/water supply/fisheries/industrial uses other than the development of water power
The beneficial use may be the measure and limit of the grant.

Small-scale Utilization of Natural Resources

1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens
2. Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fish
workers in the rivers, lakes, bays and lagoons.
Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils
1. The President may enter into agreements with foreign owned corporations involving technical or financial
assistance for large-scale exploration etc. of minerals, petroleum, and other mineral oils. These agreements
should be in accordance with the general terms and conditions provided by law.
2. They should be based on the real contributions to economic growth and general welfare of the country.
3. In the agreements, the State should promote the development and use of local scientific and technical
resources.
4. The President should notify Congress of every contract under this provision within 30 days from its execution.
5. Management and service contracts are not allowed under this rule.

Protection of Marine Wealth

• The State shall protect its marine wealth in its archipelagic waters, territorial sea & exclusive economic
zones
• The State shall reserve its use and enjoyment exclusively to Filipino citizens.

LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO

1. Agricultural
2. Forest/timber
3. Mineral lands &
4. National Parks

Note:
Classification of public lands is an exclusive prerogative of the Executive Department through the Office of
the President, upon recommendation by the DENR.
Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that
forest land is denuded does not mean it is no longer forest land.

Alienable lands of public domain

1. Only agricultural lands are alienable.
2. Agricultural lands may be further classified by law according to the uses to which they may be devoted.

Limitations regarding Alienable Lands of the Public Domain

1. For private corporations or associations
• They can only hold alienable lands of the public domain BY LEASE
• Period: Cannot exceed 25 years, renewable for not more than 25 years
• Area: Lease cannot exceed 1,000 hectares
Note
A corporation sole is treated like other private corporations for the purpose of acquiring public lands.

2. For Filipino citizens

• Can lease up to 500 hectares
• Can ACQUIRE not more than 12 hectares by purchase, homestead or grant

Means by Which Lands of the Public Domain Become Private Land

1. Acquired from government by purchase or grant;
2. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years.
• Upon completion of the requisite period, the land becomes private property ipso jure without need of any
judicial or other sanction.
• Here, in possession since time immemorial, presumption is that the land was never part of public domain.
• In computing 30 years, start from when land was converted to alienable land, not when it was still forest
land
• Presumption is that land belongs to the State.
ANCESTRAL LANDS

The Rights of Indigenous Cultural Communities/Indigenous Peoples

The Indigenous Peoples Rights Act (R.A. No. 8371.

The IPRA recognizes the existence of the

indigenous cultural communities or
indigenous peoples (ICCs/IPs) as a distinct
sector in Philippine society. It grants these
people the ownership and possession of

their ancestral domains and ancestral lands,

and defines the extent of these lands and
domains. The ownership given is the
indigenous concept of ownership under
customary law which traces its origin to native
title. (Separate Opinion, Puno, J., in Isagani
Cruz v. Secretary of DENR)

Indigenous Cultural Communities or Indigenous Peoples - refer to a group of people or homogeneous societies
who have continuously lived as an organized community on communally bounded and defined territory.

Ancestral domains and ancestral lands - the private property of indigenous peoples and do not constitute part of
the land of the public domain.

PRIVATE LANDS
General rule
1. Private lands CAN only be transferred or conveyed to:
A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by
Filipino citizens
Exceptions
• In intestate succession, where an alien heir of a Filipino is the transferee of private land.
• A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of
PRIVATE ALND, subject to limitation provided by law. Hence, land can be used only for residential
purposes. In this case, he only acquires derivative title.
• Foreign states may acquire land but only for embassy and staff residence purposes.

2. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring
the land does not deprive ownership.

3. Restriction against aliens only applies to acquisition of ownership. Therefore:

A. Aliens may be lessees or usufructuaries of private lands
B. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the
foreclosure sale.

• Land tenure is not indispensable to the free exercise of religious profession and worship. A religious
corporation controlled by non-Filipinos cannot acquire and own land, even for religious purposes.

Stewardship doctrine – Private property is supposed to be held by the individual only as a trustee for the
people in general, who are its real owners

Remedies to recover private lands from disqualified aliens:

• Escheat proceedings
• Action for reversion under the Public Land Act
 • An action by the former Filipino owner to recover the land
• The former pari delicto principle has been abandoned
• Alien still has the title (didn’t pass it on to one who is qualified)

NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS

Power of Congress
1. Upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least
60% of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe certain
areas of investment. This may be done when the national interest dictates.
2. Enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by
Filipinos.
In the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall
give preference to QUALIFIED Filipinos.

FRANCHISES FOR PUBLIC UTILITIES

Power to grant:
1. Congress may directly grant a legislative franchise; or
2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’s

Public utility
1. In order to be considered as a public utility, and thus subject to this provision, the undertaking must involve
dealing directly with the public.

2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely constructs the utility,
and it leases the same to the government. It is the government which operates the public utility (operation
separate from ownership).

To whom granted:
• Filipino citizens or
• Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by
Filipino citizens.

Terms and conditions:

1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character
3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress
when the common good so requires.

Participation of Foreign Investors

• limited to their proportionate share in its capital.
• Foreigners cannot be appointed as the executive and managing officers because these positions are
reserved for Filipino citizens.

FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS
1. Private corporations
Congress can only provide for the formation, etc of private corporations through a general law.

2. GOCC’s
May be created by:
a. Special charters in the interest of the common good and subject to the test of economic viability.
b. By incorporation under the general corporation law.

SPECIAL ECONOMIC POWERS OF THE GOVERNMENT

1. Temporary takeover or direction of operations:
A. Conditions
 i. National emergency and
ii. When the public interest requires
B. May be used against privately owned public utilities or businesses affected with public interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions
E. No need for just compensation because it is only temporary.

2. Nationalization of vital industries:

A. Exercised in the interest of national welfare or defense
B. Involves either:
i. Establishment and operation of vital industries, or
ii. Transfer to public ownership, upon payment of just compensation, public utilities and other private enterprises
to be operated by the government.

MONOPOLIES
1. The Constitution does NOT prohibit the existence of monopolies.
2. The State may either regulate or prohibit monopolies, when public interest so requires.
3. Combinations in restraint of trade or unfair competition are prohibited.

Filipino citizenship or equity requirements:

ACTIVITY CITIZENSHIP AND/OR EQUITY

REQUIREMENTS
Exploitation of 1. Filipino citizens; or
natural
resources 2. Corporations incorporated in
RP, with 60% Filipino ownership
Operation of Public 1. Filipino citizens; or
Utilities
2. Corporations incorporated in
RP, with 60% Filipino ownership
Acquisition of 1. Filipino citizens; or
alienable lands
of the public 2. Corporations incorporated in
domain
RP, with 60% Filipino ownership
3. Former natural-born citizens
of RP, as transferees, with
certain legal restrictions; and
4. Alien heirs as transferees in
case of intestate
succession.
Practice of ALL Filipino Citizens only
professions (natural
persons)
*But Congress may,
by law,
otherwise prescribe
Mass media 1. Filipino citizens; or
2. Corporations
incorporated in
RP, and 100% Filipino
owned
Advertising 1. Filipino citizens; or
2. Corporations
incorporated in
 RP, and 70% Filipino
owned
Educational 1. Filipino citizens; or
Institution
2. Corporations
incorporated in
RP, and 60% Filipino
owned
EXCEPT: Schools
established
by religious groups
and mission
boards.
Congress may, by
law, increase
Filipino requirements
for ALL
educational
institutions
Other economic Congress may, by
activities law, reserve
to Filipino citizens or
to
corporations 60%
Filipino owned
(or even higher)
certain
investment areas.

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS

Social Justice
1) Social justice in the Constitution is principally the embodiment of the principle that those who have
less in life should have more in law.
2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only
economic social justice but also political social justice.

Principal activities in order to achieve social justice

1) Creation of more economic opportunities and more wealth; and
2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a
more equitable distribution of wealth and political power.

Labor
Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected by the
Constitution, what rights are guaranteed, and what positive measures the state should take in order to enhance
the welfare of labor.

Right to organize and to hold peaceful concerted activities

The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors.
The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to
limitation by law.

Right to participate in the decision making process of employers

The workers have the right to participate on matters affecting their rights and benefits, “as may be provided by
law”. This participation can be through
1) Collective bargaining agreements,
2) Grievance machineries,
3) Voluntary modes of settling disputes, and
4) Conciliation proceedings mediated by government.

Agrarian Reform
Goals:
1) Efficient production,
2) A more equitable distribution of land which recognizes the right of farmers and regular farm workers who are
landless to own the land they till, and
3) A just share of other or seasonal farm workers in the fruits of the land.

CARL as an exercise of police power and power of eminent domain

To the extent that the law prescribes retention limits for landowners, there is an exercise of police power.
But where it becomes necessary to deprive owners of their land in excess of the maximum allowed there is
compensable taking and therefore the exercise of eminent domain.

Reach of agrarian reform

It extends not only to private agricultural lands, but also to “other natural resources,” even including the
use and enjoyment of “communal marine and fishing resources” and “offshore fishing grounds”.

The Commission on Human Rights

Composition:
1) Chairman; and
2) 4 members

Qualifications:
1) Natural-born citizens of the Philippines;
2) Majority of the Commission must be members of the Philippine Bar;
3) Term of office, other qualifications and disabilities shall be provided by law;
4) The appointment of the CHR members is NOT subject to CA confirmation; and
5) The CHR is not of the same level as the COMELEC, CSC, or COA.

Powers:
1) Investigate all forms of human rights violations involving civil or political rights
• Violations may be committed by public officers or by civilians or rebels.
• CHR cannot investigate violations of social rights.
• CHR has NO adjudicatory powers over cases involving human rights violations.
• They cannot investigate cases where no rights are violated.
Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction
therefrom is NOT a human rights violation.
2) Adopt operational guidelines and rules of procedure.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the human rights of all persons, within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to
the underprivileged whose human rights have been violated or need protection.
• CHR can initiate court proceedings on behalf of victims of human rights violations.
• They can recommend the prosecution of human rights violators, but it cannot itself prosecute these
cases.
• BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators.
These must be obtained from the regular courts.
5) Exercise visitorial powers over jails, prisons and other detention facilities.
6) Establish continuing programs for research, education and information in order to enhance respect for the
primacy of human rights.
7) Recommend to Congress effective measures to promote human rights and to provide compensation to
victims of human rights violations or their families.
8) Monitor compliance by the government with international treaty obligations on human rights.
9) Grant immunity from prosecution to any person whose testimony or whose possession of documents or
other evidence is necessary or convenient to determine the truth in any CHR investigation.
10) Request assistance from any department, bureau, office, or agency in the performance of its functions.
11) Appoint its officers and employers in accordance with law.
12) Perform such other functions and duties as may be provided for by law.

ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS

Education:

Goals of the State:

The State shall promote and protect:
• The right to quality education at all levels;
• The right to affordable and accessible education; and
• Education that is relevant to the needs of people and society.

Right to Education and Academic Freedom

The right to education must be read in conjunction with the academic freedom of schools to require “fair,
reasonable, and equitable admission requirements.”

Power to Dismiss Students

1) Schools have the power to dismiss students, after due process, for disciplinary reasons.
2) Acts committed outside the school may also be a ground for disciplinary action if:
a) It involves violations of school policies connected to school-sponsored activities; or
b) The misconduct affects the student’s status, or the good name or reputation of the school.

Regulation of Right to Education

The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g.
the State may limit the right to enter medical school by requiring the applicants to take the NMAT.

Free Education
1) The State shall maintain a system of free education in:
a) Elementary level, and
b) High school level.
2) Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal
compulsion.

Educational Institutions
I. Filipinization
A. Ownership:
• Filipino citizens, or
• Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards.
• Congress may increase Filipino equity requirements in ALL educational institutions.
B. Control and Administration:
• Must be vested in Filipino citizens
• Refers to line positions, such as President, Dean, Principal, and Trustees
• Faculty members may be foreigners.

C. Student Population:
GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total
enrollment.
EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and unless otherwise
provided for by law for other foreign temporary residents.

II. Tax Exemptions

• Non-stock, non-profit educational institutions:
 • All revenues and assets actually, directly and exclusively used for educational purposes are
exempt from taxes and duties.
• This is self-executory.
2.Proprietary educational institutions, including cooperatives:
• Entitled to exemptions as may be provided by law, including restrictions on dividends and re-
investment
• Requires an enabling statute
• Grants, endowments, donations and contributions actually, directly and exclusively used for
educational purposes are exempt from taxes, subject to conditions prescribed by law.

Academic Freedom
A. Educational Institutions
Schools have the freedom to determine:
1) Who may teach,
2) What may be taught,
3) How it shall be taught, and
4) Who may be admitted to study.

B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the
adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be careful
not to introduce into their teaching controversial matter which has no relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then they are free
from institutional censorship or discipline.

C. Students - have the right to enjoy in school the guarantees of the Bill of Rights.

D. Limitations
1) Dominant police power of the State
2) Social interest of the community

E. Budgetary Priority:
• Education must be assigned the highest budgetary priority.
• BUT: This command is not absolute. Congress is free to determine what should be given
budgetary priority in order to enable it to respond to the imperatives of national interest and for the
attainment of other state policies or objectives.

Religious Education in Public Schools:

Religion may be taught in public schools subject to the following requisites:

1) Express written option by parents and guardians;
2) Taught within regular class hours;
3) Instructors are designated and approved by the proper religious authorities; and
4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.

Language
• National language: Filipino
• Official Languages: Filipino, and unless otherwise provided by law, English
• Regional languages are auxiliary to the official languages.
• (Spanish and Arabic are promoted only on an optional and voluntary basis.

ARTICLE XVI - GENERAL PROVISIONS

Symbols of Nationality

1) Flag
• Red, white, and blue.
 • With a sun and 3 stars
• The design may be changed by constitutional amendment.

2) Congress may, by law, adopt a new:

(a) Name for the country,
(b) National anthem, or
(c) National seal.

Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.

THE ARMED FORCES OF THE PHILIPPINES

Composition: A citizen armed force

Prohibitions and disqualifications:

1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position in the government, including
GOCCs or their subsidiaries.

The Chief of Staff:

General rule: Tour of duty: Not exceed to three years
EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend
such tour of duty.

ARTICLE XVII – AMENDMENTS OR REVISIONS

AMENDMENT REVISION
An alteration of An examination of the
one or
a few specific entire Constitution to
provisions of
the Constitution. determine how and to
Its main
purpose is to what extent it should
improve be
specific provisions altered. A revision
of the implies
Constitution. The substantive change,
changes brought affecting the
about Constitution
by amendments as a whole
will not
affect the other
provisions of the
Constitution.

Constituent power Legislative power

1. The power to 1. The power to
formulate pass,
a Constitution or to repeal or amend
ordinary
propose laws or statutes (as
amendments to
or revisions of the opposed to organic
law)
Constitution and to
 ratify such proposal
2. It us exercised by 2. It is an ordinary

Congress (by Power of Congress

special and
constitutional Of the people, also
conferment),
by a Constitutional Through initiative
and
Convention or referendum
Commission,
by the people
through
initiative and
referendum,
and ultimately, by
the
sovereign
electorate
3. The exercise of 3. The exercise of
constituent power Legislative power
does
not need the ordinarily needs the
approval of
the Chief Executive approval of the Chief
Executive, except
when
done by people
through
initiative and
referendum.

Three (3) steps necessary to give effect to amendments and revisions:

• proposal of amendments or revisions by the proper constituent assembly;
• submission of the proposed amendments or revisions; and
• ratification

Proposal of amendments:

Amendments may be proposed by:

• Congress, acting as a constituent assembly, by a ¾ vote of all its members.
• The power of Congress to propose amendments is NOT part of its ordinary legislative power
• The only reason Congress can exercise such power is that the Constitution has granted it such power
• Constitutional Convention:
• How a Constitutional Convention may be called
• Congress may call a ConCon by a 2/3 vote of all its members; or
• By a majority vote of all its members, Congress may submit to the electorate the question of
whether to call a ConCon or not
• Choice of which constituent assembly (either Congress or ConCon) should initiate amendments
and revisions is left to the discretion of Congress. In other words, it is a political question
• BUT: the manner of calling a ConCon is subject to judicial review, because the Constitution has
provided for voting requirements
 • If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the
details for the calling of such ConCon, Congress – exercising its ordinary legislative power – may
supply such details. But in so doing, Congress (as legislature) should not transgress the resolution
of Congress acting as a constituent assembly
• Congress, as a constituent assembly and the ConCon have no power to appropriate money for their
expenses. Money may be spent from the treasury only pursuant to an appropriation made by law.

• People’s Initiative
• Petition to propose such amendments must be signed by at least 12% of ALL registered voters
• Every legislative district represented by at least 3% of the registered voters therein
• Limitation: it cannot be exercised more often than once every 5 years

RA 6735 (System of Initiative and Referendum) does not authorize a system of initiative to amend the
Constitution. The law was deemed sufficient to cover only the systems of initiative on national and local
legislation

NOTE:
While the substance of the proposals made by each type of constituent assembly is not subject to judicial
review, the manner the proposals are made is subject to judicial review
Since these constituent assemblies owe their existence to the Constitution, the courts may determine
whether the assembly has acted in accordance with the Constitution
Examples of justiciable issues:
• Whether a proposal was approved by the required number of votes in Congress (acting as a
constituent assembly)
• Whether the approved proposals were properly submitted to the people for ratification

Proposal of Revisions
• By Congress, upon a vote of ¾ of its members
• By a constitutional convention

RATIFICATION

Amendments and revisions proposed by Congress and/or by a ConCon:

• Valid when ratified by a MAJORITY of votes cast in a plebiscite.
• Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments
or revisions

Amendments proposed by the people via initiative:

• Valid when ratified by a MAJORITY of votes cast in a plebiscite
• Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of
the petition’s sufficiency.

Requisites of a valid ratification:

• Held in a plebiscite conducted under the election law;
• Supervised by the COMELEC; and
• Where only franchised voters (registered) voters take part.
Issues regarding ratification:
The Constitution does not require that amendments and revisions be submitted to the people in a
special election. Thus, they may be submitted for ratification simultaneously with a general election

The determination of the conditions under which proposed amendments/revisions are submitted to the
people falls within the legislative sphere. That Congress could have done better does not make the steps taken
unconstitutional.

All the proposed amendments/revisions made by the constituent assemblies must be submitted for
ratification in one single plebiscite. There cannot be a piece-meal ratification of amendments/revisions.
 Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS the
proposed amendments/ revisions so provide

Doctrine of Proper Submission – The plebiscite must be held not earlier than 60 days nor later than 90 days
after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the
Comelec of the sufficiency of the petition. (Sec.4, Art. XVII, 1987 Constitution) The period is meant to give the
people sufficient and reasonable period to study and discuss the proposed amendments.

Because the Constitution itself prescribes the time frame within which the plebiscite is to be held, there can no
longer be a question on whether the time given to the people to determine the merits and demerits of the
proposed amendment is adequate.

ARTICLE XVIII - TRANSITORY PROVISIONS

Effectivity of the 1987 Constitution

• The 1987 Constitution took effect immediately upon its ratification.

• According to the SC, this took place on February 2, 1987, which was the day the people cast their votes
ratifying the Constitution.

Military bases agreements

1. Renewals of military bases agreements must be through a strict treaty.
2. Ratification of the agreement in a plebiscite is necessary only when Congress so requires.
3. Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.
 ADMINISTRATIVE LAW

Branch of modern law under which the executive department of the government, acting in a quasi-
legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the
well-being of the community

ADMINISTRATIVE BODIES OR AGENCIES

A body, other than the courts and the legislature, endowed with quasi-legislative and quasi-judicial
powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution

How created:
• by constitutional provision;
• by legislative enactment; and
• by authority of law

Powers of Administrative Agencies

• Quasi-legislative power / Power of subordinate legislation

• It is the authority delegated by the law-making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and implement legislative policy.

Kinds:
1. Legislative regulation
• supplementary or detailed legislation,e.g. Rules and Regulations Implementing the Labor code;
• contingent regulation
• Interpretative legislation, e.g. BIR Circulars

Requisites for valid exercise:

• issued under authority of law;
• within the scope and purview of the law;
• promulgated in accordance with the prescribed procedure:
 • notice and hearing – generally, not required; only when:
• the legislature itself requires it and mandates that the regulation shall be based on certain facts
as determined at an appropriate investigation
• the regulation is a settlement of a controversy between specific parties; considered as an
administrative adjudication
• the administrative rule is in the nature of subordinate legislation designed to implement a law by
providing its details (CIR v CA, 261 SCRA 236)
• publication
• reasonable

Requisites for Validity of Administrative Rules with Penal Sanctions:

• law itself must declare as punishable the violation of administrative rule or regulation;
• law should define or fix penalty therefore; and
• rule or regulation must be published

Doctrine of Subordinate Legislation

• power of administrative agency to promulgate rules and regulations on matters of their own
specialization

Doctrine of Legislative Approval by Re-enactment

• The 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 knowledge of the contents of the
regulations then at the time of re-enactment.

LEGISLATIVE QUASI-LEGISLATIVE
POWER
POWER
involves the involves the discretion
discretion to
to determine determine how the law
what the
law shall be shall be enforced
cannot be can be delegated
delegated

Tests of Delegation (applies to the power to promulgate administrative regulations )

1. COMPLETENESS test. This means that the law must be complete in all its terms and conditions when it
leaves the legislature so that when it reaches the delegate; it will have nothing to do but to enforce it.
2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the
delegate’s authority, announce the legislative policy and specify the conditions under which it is to be
implemented.

• Quasi-judicial power/Power of adjudication

• The power of administrative authorities to make determinations of facts in the performance of their
official duties and to apply the law as they construe it to the facts so found. The exercise of this
power is only incidental to the main function of administrative authorities, which is the enforcement
of the law.
• Proceedings partake of nature of judicial proceedings. Administrative body granted authority to
promulgate its own rules of procedure.

Includes the following powers:

• prescribe rules of procedure
 • subpoena power
• contempt power

Administrative Due Process:

• right to a hearing;
• tribunal must consider evidence presented;
• decision must have something to support itself;
• evidence must be substantial;
• decision must be based on evidence adduce3d at the hearing or at least contained in the records and
disclosed to parties;
• board or judge must act on its or his own independent consideration of facts and law of the case, and
not simply accept the view of the subordinate in arriving at a decision; and
• decision must be rendered in such a manner that parties to controversy can know various issues
involved and the reason for the decision rendered

Substantial Evidence – such relevant evidence that a reasonable mind might accept as adequate to support a
conclusion

Administrative Determinations where Notice and Hearing Not Necessary:

• summary proceedings of distraint and levy upon property of delinquent taxpayer;
• grant of provisional authority for increase of rates, or to engage in particular line of business;
• cancellation of passport where no abuse of discretion is committed;
• summary abatement of nuisance per se which affects safety of persons or property;
• preventive suspension of officer or employee pending investigation; and
• grant or revocation of licenses or permits to operate certain businesses affecting public order or
morals

Administrative Appeal or Review

• where provided by law, appeal from administrative determination may be made to a higher or superior
administrative officer or body
• by virtue of power of control of President, President himself or through Department Head may affirm,
modify, alter, or reverse administrative decision of subordinate
• appellate administrative agency may conduct additional hearing in appealed case, if deemed
necessary

Res judicata effect of Administrative Decisions

• has the force and binding effect of a final judgment (note: applies only to judicial and quasi-judicial
proceedings not to exercise of administrative functions

• Determinative Powers

• ENABLING powers
Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful
without government approval.
Ex. Issuance of licenses to engage in a particular business.

• DIRECTING powers
Those that involve the corrective powers of public utility commissions, powers of assessment under the
revenue laws, reparations under public utility laws, and awards under workmen’s compensation laws, and
powers of abstract determination such as definition-valuation, classification and fact finding

• DISPENSING powers
Exemplified by the authority to exempt from or relax a general prohibition, or authority to relieve from an
affirmative duty. Its difference from licensing power is that dispensing power sanctions a deviation from a
standard.

• SUMMARY powers
 Those that apply compulsion or force against person or property to effectuate a legal purpose without a
judicial warrant to authorize such action. Usually without notice and hearing.
Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers

• EQUITABLE powers
Those that pertain to the power to determine the law upon a particular state of facts. It refers to the right to,
and must, consider and make proper application of the rules of equity.
Ex. Power to appoint a receiver, power to issue injunctions

Kinds of Administrative Regulations

DISTINCTIO LEGISLATIV INTERPRETA

NS E TIVE
1. Capacity Legislative Judicial
that
administrative
agency is
acting in
2. What It It says what
administrative supplements the statute
agency is the statute means
doing by filling in
the details

3. Force and Legislative Merely

effect regulations persuasive/
have the Received by the
force and courts with much
effect of respect but not
law accorded with
immediatel finality
y upon
going into
effect.
Such is
accorded
by the
courts or
by express
provision of
statute.

Requisites of a Valid Administrative Regulation

1. Its promulgation must be authorized by the legislature.
2. It must be within the scope of the authority given by the legislature.
3. It must be promulgated in accordance with the prescribed procedure.
4. It must be reasonable

Need for Previous Notice and Hearing

General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing.
Exception: When the legislature itself requires it and mandates that the regulation shall be based on certain
facts as determined at an appropriate investigation.
If the regulation is in effect a settlement of a controversy between specific parties, it is considered an
administrative adjudication, requiring notice and hearing.

Prescribing of Rates
It can be either:

LEGISLATIVE
If the rules/rates are meant to apply to all enterprises of a given kind throughout the country.
No prior notice and hearing is required.
QUASI-JUDICIAL
If the rules and rates imposed apply exclusively to a particular party, based upon a finding of fact. Prior notice
and hearing is required.

Requirement of Publication
Administrative Regulations that MUST be published:
• Administrative regulations of GENERAL application.
• Administrative regulations which are PENAL in nature.

Administrative regulations that do NOT NEED to be PUBLISHED:

1. Interpretative regulations
2. Internal rules and regulations governing the personnel of the administrative agency.
3. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their
subordinates. (Tanada v. Tuvera)

Special Requisites of a Valid Administrative Regulation with a PENAL sanction

1. The law itself must make violation of the administrative regulation punishable.
2. The law itself must impose and specify the penalty for the violation of the regulation.
3. The regulation must be published.

Requisites for Proper Exercise of Quasi-Judicial Power

Jurisdiction and Due process
Administrative Due Process : Requirements
1. Right to Notice, be it actual or constructive
2. Reasonable opportunity to appear and defend his rights and to introduce witnesses
3. Impartial tribunal with competent jurisdiction
4. Finding or decision supported by substantial evidence

Exceptions to the Notice and Hearing Requirement

1. Urgency of immediate action
2. Tentativeness of the administrative action
3. Right was previously offered but not claimed
4. Summary abatement of a nuisance per se
5. Preventive suspension of a public servant facing administrative charges
6. Padlocking of filthy restaurants/theaters showing obscene movies
7. Cancellation of a passport of a person sought for criminal prosecution
8. Summary distraint and levy of properties of a delinquent taxpayer
9. Replacement of a temporary or acting appointee

Questions Reviewable on Judicial Review:

1. Questions of FACT
The general rule is that courts will not disturb the findings of administrative agencies acting within the parameters
of their own competence so long as such findings are supported by substantial evidence. By reason of their
special knowledge, expertise, and experience, the courts ordinarily accord respect if not finality to factual
findings of administrative tribunals.

2. Question of LAW
Administrative decision may be appealed to the courts independently of legislative permission.
It may be appealed even against legislative prohibition because the judiciary cannot be deprived of its inherent
power to review all decisions on questions of law.
Doctrine of Finality
Courts are reluctant to interfere with action of an administrative agency prior to its completion or finality,
the reason being that absent a final order or decision, power has not been fully and finally exercised, and there
can usually be no irreparable harm.

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

Administrative power
It is concerned with the work of applying policies and enforcing orders as determined by proper
governmental organs. It enables the President to fix a uniform standard of administrative efficiency and check
the official conduct of his agents. To this end, he can issue administrative orders, rules and regulations. (Ople
v. Torres, G.R. No. 127685, July 23, 1998 [Puno])

Administrative order
An ordinance issued by the President which relates to specific aspects in the administrative operation of
government. It must be in harmony with the law and should be for the sole purpose of implementing the law and
carrying out the legislative policy. (Ople v. Torres, G.R. No. 127685, July 23, 1998 [Puno])

EXHAUSTION OF ADMINISTRATIVE REMEDIES

Whenever there is an available administrative remedy provided by law, no judicial recourse can be made
until all such remedies have been availed of and exhausted

• Doctrine of Prior Resort or Doctrine of Primary Administrative Jurisdiction)

• where there is competence or jurisdiction vested upon administrative body to act upon a matter,
no resort to courts may be made before such administrative body shall have acted upon the
matter

• Doctrine of Finality of Administrative Action

• No resort to courts will be allowed unless administrative action has been completed and there is
nothing left to be done in administrative structure
• Judicial Relief from Threatened Administrative Action
• Courts will not render a decree in advance of administrative action and thereby render such
action nugatory. It is not for the court to stop an administrative officer from performing his
statutory duty for fear that he will perform it wrongly

Effect of Failure to Exhaust Administrative Remedies

General Rule: jurisdiction of the court is not affected but the complaint is vulnerable to dismissal for failure to
state a cause of action
Exception:
• doctrine of qualified political agency (when the respondent is a department secretary whose acts as an
alter ego of the President bears the implied and assumed approval of the latter); except where law
expressly provides exhaustion
• administrative remedy is fruitless;
• where there is estoppel on the part of the administrative agency;
• issue involved is purely legal
• administrative action is patently illegal, amounting to lack or excess of jurisdiction;
• where there is unreasonable delay or official inaction
• where there is irreparable injury or threat thereof, unless judicial recourse is immediately made
• in land case, subject matter is private
• where law does not make exhaustion a condition precedent to judicial recourse
• where observance of the doctrine will result in nullification of claim
 • where there are special reasons or circumstances demanding immediate court action; and
• when due process of law is clearly violated

JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS

When made:
• to determine constitutionality or validity of any treaty, law, ordinance, executive order or regulation
• to determine jurisdiction of any administrative board, commission or officer
• to determine any other questions of law; and
• to determine questions of facts when necessary to determine either:
• constitutional or jurisdictional issue
• commission of abuse of authority; and
• when administrative fact-finding body is unduly restricted by an error of law

General rule: Findings of facts of administrative agencies accorded great weight by the courts
Exceptions:
• factual findings not supported by evidence;
• findings are vitiated by fraud, imposition or collusion;
• procedure which led to factual findings is irregular
• palpable errors are committed; and
• grave abuse of discretion, arbitrariness or capriciousness is manifest

Branded Doctrine of Assimilation of Facts

Where what purports to be a finding upon a question of fact is so involved with and dependent upon
question of law as to be in substance and effect a decision on the latter, the Court will, in order to decide the
legal question, examine the entire record including the evidence if necessary.

Methods of obtaining Judicial Review:

• statutory
• available pursuant to specific statutory provisions
• Non-Statutory
• Where there is no express statute granting review, relief is obtained by means of the common law
remedies, or by the prerogative writs of certiorari, mandamus, habeas corpus, quo warranto or
prohibition
if statutory methods for judicial review are available, they are ordinarily exclusive, and the use of non-
statutory methods will not likely be permitted
• Direct
• Attempt to question in subsequent proceedings the administrative action for lack of jurisdiction, grave
abuse of discretion, etc.
• collateral
• relief from administrative action sought in a proceeding the primary purpose of which is some relief
other than the setting aside of the judgment, although an attack on the judgment may be incidentally
involved, e.g., a damage suit against the administrative officials

When court has jurisdiction

Court of Appeals has appellate jurisdiction over judgments or final orders of the Court of Tax Appeals
and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions.
Where the law provides for an appeal from the decisions of administrative bodies to the Supreme Court
or to the Court of Appeals, it means that such bodies are co-equal with the Regional Trial Courts in terms of rank
and stature, and logically, beyond the control of the latter.
 LAW ON PUBLIC OFFICERS

PUBLIC OFFICE
• right, authority and duty created and conferred by law, by which for a given period, either fixed by law or
enduring at the pleasure of the creating power, an individual is vested with some sovereign functions of
government to be exercised by him for the benefit of the public
Elements of Public Office:
• created by law or ordinance authorized by law;
• possesses sovereign functions of the government to be exercised for public interests;
• functions defined expressly or impliedly by law
• functions exercised by an officer directly under the control of law, not under that of a superior officer unless
they are functions conferred by law upon inferior officers, who by law, are under the control of a superior,
(duties performed independently) and
• with permanency or continuity, not temporary or occasional

Characteristics
• Public office is a public trust
• Public office is not property, and is outside the commerce of man. It cannot be subject of a contract.

PUBLIC OFFICERS
• Individuals vested with public office

Eligibility and qualification (Two Senses)

• may refer to endowments, qualities or attributes which make an individual eligible for public office;
• may refer to the act of entering into the performance of functions of public office

Authority to prescribe qualification:

• when prescribed by the Constitution, ordinarily exclusive, the legislature may not increase or reduce
qualifications except when the Constitution itself provides otherwise as when only minimum or no
qualifications are prescribed

• when office is created by statute, Congress has the plenary power to prescribe qualification but such must
be:

•
germane to the purpose of the office; and
•
not too specific so as to refer to only one individual
DE FACTO OFFICERS
• one who has reputation of being an officer that he assumes to be and yet is not an officer in point of law

Requisites:
• valid existing office
• actual physical possession of said office
• color of title to office, either by:
• reputation or acquiescence
• known or valid appointment or election but officer failed to conform with legal requirements
• known 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 known to public; and
• known appointment or election pursuant to unconstitutional law before declaration of
unconstitutionality

DE JURE DE FACTO OFFICER

OFFICER
rests on the on reputation
right
has lawful title has possession and
to the
office performs the duties
under color of right
without being
technically qualified in
 all points of law to act
cannot be may be ousted in a
removed
in a direct direct proceeding
proceeding against him

DE FACTO INTRUDER
OFFICER
officer under any of one who takes
the 4 possession
circumstances of an office and
mentioned
undertakes to act
officially without any
authority, either actual
or apparent
has color of right or has neither lawful title
title
to office nor color of right or
title
to office
acts are valid as to acts are absolutely
the void
public until such and can be
time as impeached
adjudged any time unless and
insufficient until
he continues to act for
so long a time as to
afford
a presumption of his
to right to act
entitled to not en titled to
compensation
for services compensation
rendered

De facto officer is subject to the same liabilities imposed on the de jure officer in the discharge of official
duties, in addition to whatever special damages that may be due from him because of his unlawful assumption of
office

Legal Effects of Acts

Valid insofar as they affect the public

Entitlement to Salaries
General Rule: rightful incumbent may recover from the de facto officer salary received by the latter during the
time of wrongful tenure even though the latter is in good faith and under color of title
Exception: when there is no de jure officer, de facto officer is entitled to salaries for the period when he actually
discharged functions

• Challenge of a De Facto Officer: must be in a direct proceeding where the title will be the principal issue

COMMENCEMENT OF OFFICIAL RELATIONS

• By appointment
• By election
Appointment – selection by authority vested with power, of individuals who is to perform functions of a given
office
• Essentially a 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 should possess the minimum qualification
requirements prescribed by law for the position

Commission – written evidence of appointment

Designation – imposition of additional duties, usually by law, on a person already in public office

Classification of Appointments:
• permanent – extended to person possessing the requisite qualification for the position and thus enjoys
security of tenure
• temporary – acting appointment given to a non-civil service eligible; is without a definite tenure and is
dependent upon the pleasure of the appointing power
• regular – made by President while Congress is in session and becomes effective after the nomination is
confirmed
• ad-interim
• recess – made while Congress is not in session, before confirmation, is immediately effective,
and ceases to be valid if disapproved or bypassed by CA upon the next adjournment of
Congress
• midnight – made by the President before his term expires, whether or not this is confirmed by
the Commission on Appointments

Regular Ad interim
appointment appointment
Made during the Made during the
legislative session recess
Made only after Made before such
the
nomination is confirmation
confirmed by the
CA
Once confirmed Shall cease to be valid
by
the CA, continues if disapproved by the
until the end of the CA or upon the next
term of the adjournment
appointee

Nepotism – all appointments in the national, provincial, city and municipal governments or in any branch or
instrumentality thereof, including GOCC, made in favor of a relative of the
• appointing or
• recommending authority or
• chief of the bureau of or office or of the
• Persons exercising immediate supervision over him.
A relative is one within the 3rd degree either of consanguinity or affinity

Vacancy – when an office is empty and without a legally qualified incumbent appointed or elected to it with a
lawful right to exercise its powers and performs its duties

Authority of Public Officers

 • Consists of those powers which are
• Expressly conferred upon him by the act appointing him
• Expressly annexed to the office by law
• Attached to the office by common law as incidents to it

Doctrine of necessary implication

• All powers necessary for the effective exercise of the express powers are deemed impliedly granted

POWERS OF A PUBLIC OFFICER

• Ministerial – discharge is imperative and requires neither judgment nor discretion, mandamus will lie;
and
• Discretionary – imposed by law wherein officer has the right to decide how and when the duty shall be
performed, mandamus will not lie

Prohibitions
• partisan political activity
• additional or double compensation
• prohibition against loans (Sec 16, Art XI Constitution)
• laborers shall not be assigned to perform clerical duties
• no detail or reassignment within three months before any election without the approval of the COMELEC
• nepotism

LIABILITY OF A PUBLIC OFFICER

GENERAL RULE : not liable for injuries sustained by another as a consequence of official acts done within the
scope of his authority, except as otherwise provided by law
Exceptions:
• statutory liability under the Civil Code (Arts 27, 32 and 34)
• when there is a clear showing of bad faith, malice or negligence
• liability on contracts
• liability on tort

Threefold Liability Rule – wrongful acts or omissions of public officers may give rise to civil, criminal and
administrative liability

Liability of Ministerial Officers:

• Nonfeasance – neglect or refusal to perform an act which is the officer’s legal obligation to perform
• Misfeasance – failure to use that degree of care, skill and diligence required in the performance of official
duty
• Malfeasance – doing, through ignorance, inattention or malice, of an act which he had no legal right to
perform

Doctrine of Command Responsibility

A superior officer is liable for acts of a subordinate when:
• he negligently or willfully employs or retains unfit or incompetent subordinates
• he negligently or willfully fails to require subordinate to conform to prescribed regulations
• he negligently or carelessly oversees the business of the office as to furnish subordinate an opportunity for
default
• he directed or authorized or cooperated in the wrong
• law expressly makes him liable

Preventive Suspension
• Imposed during the pendency of an administrative investigation
 • not a penalty in itself
• precautionary measure so that the employee who is charged may be separated from the scene of his
alleged misfeasance while the same is being investigated
• need not be preceded by prior notice and hearing since it is not a penalty but only a preliminary step in
an administrative investigation

Pending Pending Appeal

Investigation
not a penalty but punitive in
only a character
means of enabling
the
disciplinary
authority to
conduct an
unhampered
investigation
no compensation if exonerated, he
due should
for the period of be reinstated with
full
suspension even if pay for the period
found of
innocent of the suspension
charges
Rules on Preventive Suspension

• Appointive Officials
Not a Presidential Appointee
• By whom – the proper disciplining authority may preventively suspend
• Against whom – any subordinate officer or employee under such authority
• When – pending an investigation
• Grounds – if the charge against such officer or employee involves:
• Dishonesty
• Oppression or grave misconduct
• Neglect in the performance of duty
• If there are reasons to believe that respondent is guilty of the charges which would warrant his
removal from the service
• Duration –
• the administrative investigation must be terminated within 90 days; otherwise, the respondent shall
be automatically reinstated unless the delay in the disposition of the case is due to the fault,
negligence or petition of the respondent, in which case the period of delay shall not be counted in
computing the period of suspension

A Presidential Appointee
• Can only be investigated and removed from office after due notice and hearing by the President of the
Philippines under the principle that “the power to remove is inherent in the power to appoint” as can be
implied from Sec. 5, RA 2260
• The Presidential Commission Against Graft and Corruption shall have the power to investigate
administrative complaints against presidential appointees in the Executive department of the government,
including those in the GOCCs, charged with graft and corruption involving one or a combination of the
following criteria:
• Presidential appointees with the rank equivalent to or higher than an Assistant Regional Director;
• Amount involved is at least P10M;
• Those which threaten grievous harm or injury to the national interest; and
• Those which may be assigned to it by the President
 • Elective Officials
• By whom – against whom
• President – elective official of a province, a highly urbanized or an independent component city
• Governor – elective official of a component city or municipality
• Mayor – elective official of a barangay
• When – at any time after the issues are joined
• Grounds:
• Reasonable ground to believe that the respondent has committed the act or acts complained of;
• Evidence of culpability is strong;
• Gravity of the offense so warrants;
• Continuance in office of the respondent could influence the witnesses or pose a threat to the safety
and integrity of the records and other evidence
• Duration
• Single administrative case – not to extend beyond 60 days;
• Several administrative cases – not more than 90 days within a single year for the same ground or
grounds existing and known at the time of the first suspension
RA 3019 makes it mandatory, for the Sandiganbayan to suspend, for a maximum period of 90
days unless the case is decided within a shorter period, any public officer against whom a valid
information is filed charging violation of:
• R.A. 3019
• Book II, Title 7, Revised Penal Code; or
• Offense involving fraud upon government or public funds or property

RIGHTS OF PUBLIC OFFICERS

• Right to office – just and legal claim to exercise power and responsibilities of the public office.
• Term – period during which officer may claim to hold office as a right
• Tenure – period during which officer actually holds office

• Right to salary
Basis: legal title to the office and the fact that the law attaches compensation to the office

Back salaries are payable to an officer illegally dismissed or otherwise unjustly deprived of his office, the right to
recover accruing from the date of deprivation. The claim for back salaries must be coupled with a claim for
reinstatement and subject to the prescriptive period of one (1) year

Forms of Compensation:
• Salary – personal compensation to be paid to public officer for his services and it is generally a fixed
annual or periodical payment depending on the time and not on the amount of the service he may render;
• Per diem – allowance for days actually spent in the performance of official duties;
• Honorarium – something given not as a matter of obligation, but in appreciation for services rendered;
• Fee – payment for services rendered or on commission on moneys officially passing through their hands;
and
• Emoluments – profits arising from the office, received as compensation for services or which is annexed
to the office as salaries, fees or perquisites

• Right to Preference in Promotion

Promotion – movement from one position to another with increase in duties and responsibilities as authorized
by law and usually accompanied by an increase in pay
Next-in-Rank Rule – the person next in rank shall be given preference in promotion when the position
immediately above his is vacated. But the appointing authority still exercises his discretion and is not bound by
this rule
 • A “qualified next-in-rank refers to an employee appointed on a permanent basis to a position previously
determined to be next-in-rank to the vacancy proposed to be filled and who meets the requisites for
appointment thereto as previously determined by the appointing authority and approved by the CSC
• Appointing officer is only required to give special reasons for not appointing the officer next-in-rank if he
fills the vacancy by promotion in disregard of the next-in-rank rule.

Automatic Reversion Rule – all appointments involved in a chain of promotions must be submitted
simultaneously for approval by the Commission, the disapproval of the appointment of a person proposed to a
higher position invalidates the promotion of those in the lower positions and automatically restores them to their
former positions

• Right to vacation leave and sick leave with pay;

• Right to maternity leave

• Right to pension and gratuity

Pension – regular allowance paid to an individual or group of individuals by the government in consideration of
the services rendered or in recognition of merits
Gratuity – a donation and an act of pure liberality on the part of the State

• Right to retirement pay;

• Right to reimbursement for expenses incurred in performance of duty;

• Right to be indemnified against any liability which they may incur in bona fide discharge of duties;

• Right to longevity pay; and

• Right to self-organization

• Civil servants are now given the right to self-organize but they may not stage strikes

TERMINATION OF OFFICIAL RELATIONSHIP

• Expiration of term or tenure

• When public officer holds office at the pleasure of appointing power, his replacement amounts to
expiration of his term, not removal

Principle of Hold-Over – if no express or implied Constitutional or statutory provision to the contrary, public
officer is entitled to hold office until successor has been chosen and qualified

Purpose: to prevent hiatus in public office

• Reaching the age limit

• Compulsory retirement age:
• Judiciary – 70 years of age
• Other government officers and employees – 65 years of age

• Resignation
• The act of giving up or the act of a public officer by which he declines his office and renounces the
further right to use it
• Elements:
• Must be voluntary on the part of the public officer
• Must be accepted by competent authority, expressly or impliedly
• Effective as of the date specified in the tender or if no such date is specified, it shall be effective
when the public officer
•
Accepting Authority for Resignation:
• To competent authority provided by law;
 • If law is silent and public officer is elected, tender to officer authorized by law to call an election to fill the
vacancy:
• President and Vice-President – Congress;
• Members of Congress – respective Chambers;
• Governors, Vice Governors, Mayors and Vice Mayors of HUCs and independent component cities –
President
• Municipal Mayors and Vice Mayors/City Mayors and Vice Mayors of component cities – Provincial
Governor
• Sanggunian Members – Sanggunian concerned; and
• Elective Barangay Officials – Municipal or City Mayors

• Recall
• Termination of official relationship of an elective official for loss of confidence prior to the expiration of his
term through the will of the electorate
• Limitations on Recall:
• Any elective local government official may be subject of a recall election only once during his term of
office for loss of confidence; and
• No recall shall take place within one year from the date of the official’s assumption to office or one year
immediately preceding a regular local election

Initiation of the Recall Process

• By virtue of RA 9244, Sections 70 and 71 of the Local Government Code were amended, and the
Preparatory Recall Assembly has been eliminated as a mode of instituting recall of elective local
government officials

• Thus, the recall of any elective provincial, city, municipal or barangay official can only be commenced by a
petition of a registered voter in the LGU concerned and supported by the registered voters in the LGU
concerned during the election in which the local official sought to be recalled was elected subject to the
percentage requirements provided by the law

Election on Recall
Upon the filing of a valid petition for recall with the appropriate local office of the COMELEC, the
COMELEC or its duly authorized representative shall set the date of the election or recall, which shall not be
later than 30 days upon the completion of the procedure, in the case of barangay, city or municipal officials, and
45 days in the case of provincial officials. The officials sought to be recalled shall automatically be considered as
duly registered candidate or candidates to the pertinent positions and, like other candidates, shall be entitled to
be voted upon.

Effectivity of Recall
Only upon the election and proclamation of a successor in the person of the candidate receiving the
highest number of votes cast during the election on recall. Should the official sought to be recalled receive the
highest number of votes, confidence in him is thereby affirmed, and he shall continue in office

Limitations on Recall
Any elective local official may be the subject of a recall election only once during his terms of office for
loss of confidence
no recall shall take place within one year from the date of the official’s assumption to office or one year
immediately preceding a regular local election

• Removal
Career service officers and employees who enjoy security of tenure may be removed only for any of the
causes enumerated in the law, and in accordance with the procedure prescribed therein

• Abandonment
• The voluntary relinquishment of an office by the holder, with the intention of terminating his possession
and control thereof
 • Acceptance of an incompatible office
• Test of Incompatibility
• By the nature and relation of the two offices to each other, they ought not to be held by one person
from the contrariety and antagonism which would result in the attempt by one person to faithfully and
impartially discharge the duties of one, toward the incumbent of the other
• Exception:
• Where the public officer is authorized by law to accept the other office

• Abolition of office
• Except when restrained by the Constitution, Congress has the right to abolish an office, even during the
term for which an existing incumbent may have been elected
• Requisites:
• Made in good faith
• With the clear intent to do away with to the office
• Not for personal or political reasons
• Cannot be implemented in a manner contrary to law

• Prescription of the right to office

• The Rules of Court provide that a petition for reinstatement (after illegal ouster or dismissal), or the
recovery of the public office, must be instituted within one (1) year from the date the petitioner is
unlawfully ousted from his office
• Reason:
Title to public office should not be subjected to continued uncertainty; and the people’s interest requires
that such right should be determined as speedily as possible. (Tumulak v. Egay, 82 Phils 828)

• Impeachment

• Death

• Failure to assume elective office within six months from proclamation

• Conviction of a crime
• When the penalty imposed, upon conviction, caries with it the accessory penalty of disqualification,
conviction by final judgment automatically terminates official relationship
• While a plenary pardon extinguishes the accessory penalty of disqualification, it will not restore the
public office to the officer convicted

• Filing of a certificate of candidacy

 ELECTION LAW

GENERAL PRINCIPLES
Sources of Philippine Election Law
• 1987 Constitution
• BP 881 (Omnibus Election Code)
• RA 6646 (Electoral Reforms Law of 1987)
• RA 6735 (Law Providing for Initiative and Referendum)
• RA 7166 (1991 Synchronized Elections Law)
• RA 7941 (Election of Party-List Representatives)
• RA 8189 (Continuing Registration)
• RA 8436 (Automated Election System)
• RA 8524
• RA 9006 (Fair Election Act of 2001)

Theory of Popular Sovereignty

The Philippines is a democratic and republican state. Sovereignty resides in the people and all
government authority emanates from them. (Art. II Sec 1, 1987 Constitution)
A democratic and republican government derives all its powers, directly or indirectly, from the people at
large. Its essence is indirect rule. Actual sovereignty is exercised by the people by means of suffrage.

Suffrage
Right and obligation of qualified citizens to vote:
• In the election of certain national and local officials, and
• In the decision of public questions submitted to the people
A political right which enables every citizen to participate in the process of government to assure that it derives
its powers from the consent of the governed.
Not a natural right but a privilege which may be given or withheld by the lawmaking power subject to
constitutional limitations.

SCOPE OF SUFFRAGE

• Election
• Means by which the people choose their officials for definite periods and to whom they entrust, for the
time being as their representatives, the exercise of powers of government.
• Involves the choice of candidates to public office by popular vote

Components
• Choice or selection of candidates to public office by popular vote
• Conduct of the polls
• Listing of votes
• Holding of Electoral campaign
• Act of casting and receiving the ballots from the voters
• Counting the ballots
• Making the election returns
• Proclaiming the winning candidates

Regular election – refers to an election participated in by those who possess the right of suffrage and not
disqualified by law and who are registered voters
Special election – when there is 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

• Plebiscite
• Submission of constitutional amendments or important legislative measures to the people for
ratification

• Referendum
• Power of the electorate to approve or reject legislation through an election called for the purpose
 • 2 classes:
• Referendum on statutes – refers to a petition to approve or reject an act or law, or part thereof,
passed by Congress; and
• Referendum on local law – refers to a petition to approve or reject a law, resolution or ordinance
enacted by regional assemblies and local legislative bodies

• Initiative
• Power of the people to propose amendments to the Constitution or to propose and enact legislation
through an election called for the purpose.

3 systems of initiative:
• Initiative on the Constitution - refers to a petition proposing amendments to the Constitution;
• 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, city, municipal or
barangay law, resolution or ordinance

• Recall
• termination of official relationship of a local elective official for loss of confidence prior to the expiration
of his term through the will of the electorate
Who can exercise:
• all citizens of the Philippines,
• not otherwise disqualified by law,
• at least 18 years of age, and
• have resided in the Philippines for at least 1 year, and in the place wherein they propose to cast their vote
for at least 6 months immediately preceding the election.

Substantive requirements for the exercise of the right of suffrage:

• citizenship
• age
• residency; and
• absence of disqualifications

Disqualifications:
• Persons sentenced by final judgment to suffer imprisonment for not less than one (1) year
• Right to vote automatically re-acquired upon the expiration of 5 years after the service of sentence
• Persons adjudged by final judgment of having committed any crime involving disloyalty to the duly
constituted government or any crime against national security
• Right to vote is automatically re-acquired upon the expiration of 5 years after the service of sentence
• Insane or incompetent persons as declared by competent authority

ELECTIONS IN GENERAL

Kinds of elections
General Election Special Election
one provided for by one provided for by
law for the election under special
to
offices throughout circumstances.
the
State or a certain an election held to
subdivision thereof, fill a vacancy in an
after the expiration office before the
of
the full term of expiration of the
former
 officers. full tem for which the
incumbent was
elected, or an
election at which
some issue or
proposition is
submitted to the
vote of the qualified
electors
Date of election under the Law

To synchronize elections, there is a simultaneous conduct of elections for national and local officials
once every 3 years. Elections shall be held on the 2nd Monday of May

President / elected on the

Vice-President same day every
6 years
Senators, Elective elected on the same
day
members of the House every 3 years,
except with
of Representatives, respect to the
elective Senators,
Provincial, City and only 12 of whom
Municipal shall be
Officials elected every 3
years
Barangay Officials elected on the same
day,
and every 5 years
thereafter

Pre-Election Requirements
Precinct
• Unit of territory for the purpose of voting

Polling Place
• Building or place where the Board of Election Inspectors conducts its proceedings and where
the voters cast their voted

Ballots

General Rule: no ballots other than the official ballots shall be used or counted.

Exception: “emergency ballots” may be used if:

• Failure to receive the official ballots on time
• There are no sufficient ballots for all registered voters
• The ballots are destroyed at such time as shall render it impossible to provide other official ballots

• Official ballots and election returns shall be printed by the Government Printing Office and/or the
Central Bank printing facilities exclusively
• Emergency ballots are provided by the city or municipal treasurer which shall be as similar to the
official ones as circumstances will permit

Registration of Voters
Registration
• Act of accomplishing and filing of a sworn application for registration by a qualified voter before the
election officer of the city or municipality wherein he resides and including the same in the book of
registered voters upon approval by the Election Registration Board

Election Registration Board

Composition
• Chairman: Election officer. In case disqualified, the COMELEC shall designate an acting Election Officer
• Members
• Public school official most senior in rank; and
• Local civil registrar, or in his absence, the city or municipal treasurer. If neither are available, any other
appointive civil service official from the same locality as designated by the COMELEC.

Disqualification
• No member of the Board shall be related to each other or to any incumbent city or municipal elective
official within the 4th civil degree of consanguinity or affinity. If in succeeding elections, any of the newly
elected city or municipal officials is related to a member of the Board within the 4 th civil degree of
consanguinity or affinity, such member is automatically disqualified to preserve the integrity of the
Election Registration Board

NOTE:
It is an election offense to either:
• Accept an appointment, to assume office and to actually serve as a member of the board although
ineligible thereto, or
• Appoint such ineligible person knowing him to be ineligible

When registration conducted

• Not less than 120 days before a regular election and 90 days before a special election

System of continuing registration

• Under Sec 8 of RA 8189, the COMELEC has the power to conduct continuing registration. Such registration
shall be conducted daily in the office of the Election Officer during regular office hours, except during the
period starting 120 days before a regular election and 90 days before a special election.

Challenge of the right to register

Any person applying for registration may be challenged before the Election Registration Board:
• By any voter,
• By any candidate, or
• By any representative of a registered political party

Such challenge must be in writing, under oath and must state the grounds therefore

List of voters
• Refers to an enumeration of names of registered voters in a precinct duly certified by the Election
Registration Board for use in the election
• Must be posted in each precinct 15 days before the date of the regular or special election or referendum
or plebiscite
• Any candidate or authorized representative of an accredited political party upon formal request to an
election registrar shall be entitled to a certified copy of the most recent list of voters upon payment of a
reasonable fee

Petition for inclusion of voters in the list

• The following may petition to be included in the voters’ list
• Any person whose application by registration has been disapproved by the Board of Election Inspectors
or
 • Any person whose name has been stricken out from the list
• Petitioner may apply at any time except 105 days prior to a regular election or 75 days prior to a special
election

Petition for exclusion of voters from the list

• The following may petition for the exclusion of a voter from the permanent list of voters:
• Any registered voter;
• Any representative of a political party;
• The Election Officer
• Petition may be filed at any time except 100 days before a regular election or 65 days before a special
election
• It shall be decided within 10 days from filing

Jurisdiction in Inclusion/Exclusion cases

• The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of
inclusion and exclusion of voters from the list in their respective municipalities or cities. Petition filed at any
time except 105 days before regular election or 75 days before special election
• Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.
• RTC will decide the appeal within 10 days. Decision is final and executory.

Grounds when the List of Voters will be altered:

• Deactivation/ Reactivation
• Exclusion/ Inclusion
• Cancellation of Registration in case of Death
• New voters
• Annulment of Book of Voters
Transfer of Residence

Annulment of Book of Voters

Book of voters
• Compilation of all registration records in a precinct

Who may file petition for annulment

• any voter;
• any election officer;
• any duly registered political party

Grounds
• The book of voters was not prepared in accordance with the provisions of R.A. 8189;
• The book of voters was prepared through:
• Fraud;
• Bribery;
• Forgery;
• Impersonation;
• Intimidation;
• Force; or
• Any similar irregularity
• The book of voters contains data that are statistically improbable. Cannot be done within 90 days before
election

Deactivation and Reactivation of Registration

Deactivation
• removing the registration records of persons from the precinct book of voters and place the same, properly
marked and dated in indelible ink, in the inactive file after entering the cause of deactivation

Grounds:
• Failure to vote in the 2 successive preceding regular elections, as shown by the voting records ( Note: SK
elections are NOT considered regular elections for this purpose)
• Court order for exclusion of registration; and
• Loss of Filipino citizenship

Reactivation
• Sworn application for reactivation of registration in the form of an affidavit stating that the grounds for the
deactivation no longer exist
• Filed by any voter who has been deactivated
• Filed with the Election Officer, who shall submit such application to the Election Registration Board for
appropriate action
• Not later than 120 days before a regular election and 90 days before a special election

Registration of Political Parties

Political Party
• An organized group of persons pursuing the same ideology, political ideas or platforms of government and
includes its branches and divisions.
• An organized group of citizens advocating an ideology or platform, principles and policies for the general
conduct of government and which, as the most immediate means of securing their adoption, regularly
nominates and supports certain of its leaders and members as candidates for public office

Types of Political Parties

1) Registered Parties:
a. Dominant Majority Party – usually the administration party; entitled to a copy of election return
b. Dominant Minority Party – entitled to a copy of election return
c. Majority Political Party
d. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the certificate of canvass
e. Bottom 3 political parties – entitled to appoint principal watcher
2) Non-registered parties
Criteria to Determine the Type of Political Party
a. Established Record of the said parties, showing in past elections
b. Number of Incumbent Elective Officials
c. Identifiable political organizations and strengths
d. Ability to fill a complete slate of candidates
e. Other analogous circumstances

Grounds for Challenging the Voter

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

Acquisition of Juridical Personality

Acquired upon registration with the COMELEC.

Rights and privileges granted

• to be voted upon as a party, provided that is registered under the party-list system
• to have a watcher in every Election Registration Board
• to have a watcher and/or representative in the procurement and watermarking of papers to be used in the
printing of election returns and official ballots and in the printing, numbering, storage and distribution thereof
• to have watchers who shall verify the contents of the boxes containing the shipment of official ballots,
election returns and sample official ballots received by the provincial, city and municipal treasurers
• this privilege is only available to the ruling party and the dominant opposition party
• to have one watcher in every polling place and canvassing center
• to be present and to have counsel during the canvass of the election returns
• to receive the 4th copy (if the dominant majority party) or the 5th copy (if the dominant minority party) of the
election returns

Who may not be registered

• religious denominations and sects
• those which seek to achieve their goals through violence or unlawful means
• those which refuse to uphold and adhere to the Constitution
• those supported by foreign governments

Forfeiture of Status as a Registered Political Party

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

Cancellation of registration
Grounds:
• Accepting financial contributions from foreign governments or their agencies
• The party is a religious sect or denomination, organization or association organized for religious purposes
• The party advocates violence or unlawful means to seek its goal
• The party is a foreign party or organization
• The party is receiving support from any foreign government, foreign political party, foundation, organization,
whether directly or through any of its officers or members or indirectly through third parties for partisan
election purposes
• The party violates or fails to comply with laws, rules or regulations relating to elections
• The party declares untruthful statements in its petition for registration
• The party has ceased to exist for at least 1 year
• The party fails to participate in the last 2 preceding elections
• If registered under the party-list system the party fails to obtain at least 2% of the votes in the 2 preceding
elections for the constituency in which it has registered.

Nomination and Selection of Official Candidates

• No political convention or meeting for the nomination or election of the official candidates of any political
party or organization or political groups or coalition thereof shall be held earlier than the following periods:
• Pres., VP, Senators: 165 days before the date of the election
• Members of the House of Representatives: 75 days before the day of election
• Elective Provincial, City or Municipal Officers

Certificate of Candidacy

Candidate
• Any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by
himself or through an accredited political party, aggroupment, or coalition of parties.

Qualifications
• Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the
officer’s active tenure
• Once any of the required qualifications are lost, his title to the office may be seasonably challenged.

Rules on filing of certificates of candidacy

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

Grounds for disqualification

• Election offenses under Sec 68 of the Omnibus Election Code (OEC)
• Not possessing qualifications and possessing disqualifications under the Local Government Code
• Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one
year or more of imprisonment within two years after serving sentence
• Removed from office as a result of an administrative case
• Convicted by final judgment for violating the oath of allegiance to the Republic
• Dual citizenship ( more specifically, dual allegiance)
• Fugitives from justice in criminal or non-political cases here or abroad
• Permanent residents in a foreign country or those who have acquired the right to reside abroad and
continue to avail of the same right
• Insane or feeble-minded
• Nuisance candidate
• Violation of sec 73 of OEC with regard to certificate of candidacy
• Violation of sec 78 which is material misrepresentation of requirements under sec. 74

OFFICE PLACE OF FILING

President, Vice- COMELEC main
President, office
Senator
Congressman Provincial Election
supervisor
Provincial officer Provincial Election
supervisor
City/Municipal Officer City or Municipal
Election Registrar

Disqualifications (from continuing as a candidate or from holding the office if already elected):
Any candidate, who in an action or protest in which he is a party is declared by final decision of a
competent court guilty of, or is found by the Commission of having:
A. Given money or other material consideration to influence, induce or corrupt the voters or public officials
performing electoral functions.
B. Committed acts of terrorism to enhance his candidacy
C. Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code )
D. Solicited, received or made any contribution prohibited under this Code
E. Violated any of the following sections: Section 80, 83, 85,86,261
F. Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective
office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a foreign country
in accordance with the residence requirement provided for under election laws.

Effect of a Disqualification case (under RA 6646)

A. Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for. The votes
cast in his favor shall not be counted.
B. If the candidate is not disqualified by final judgment before the election and receives the highest number of
votes in the election, the court or COMELEC will continue with the trial and hearing of the action, inquiry or
protest. Upon motion of the complainant or intervenor, the court or COMELEC may order the suspension of
the proclamation of the candidate whenever the evidence of his guilt is strong.

Nuisance candidates
 • Candidates who have no bona fide intention to run for the office for which the certificate of candidacy has
been filed and would thus prevent a faithful determination of the true will of the people.

COMELEC may refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. This
can be done motu proprio or upon verified petition of an interested party. There should be a showing that:
A. Certificate of candidacy has been filed to put the election process in mockery/disrepute or
B. To cause confusion among the voters by the similarity of the names of the registered candidates
C. Other circumstances which clearly demonstrate that the candidate has no bona fide intention to run
for the office.

Petition to deny due course to or to cancel a certificate of candidacy

• Exclusive ground: Falsity of a material representation in the certificate of candidacy
• The petition should be filed not later than 25 days from the filing of the certificate of candidacy.
• It should be decided not later than 15 days before the election, after due notice and hearing.

Election Campaign

Election Campaign/Partisan Political Activity

• an act designed to promote the election or defeat of a particular candidate/s to a public office

It includes:
• Forming organizations, associations, clubs, committees or other groups of persons for the purpose of
soliciting votes and/or undertaking any campaign for or against a candidate.
• Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the
purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate.
• Making speeches, announcements or commentaries or holding interviews for or against the election of any
candidate for public office.
• Publishing or distributing campaign literature or materials designed to support or oppose the election of
any candidate.
• Directly or indirectly soliciting votes, pledges or support for or against a candidate.

• When the acts enumerated above are NOT considered election campaign/partisan political activity
If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for
candidacy to a public office by a political party, aggroupment, or coalition of parties.

Campaign Period
• It is prohibited for any person, political party or association of persons to engage in an election campaign
or partisan political activity except during the campaign period.
• Violation of this prohibition constitutes an election offense

RA 9006 – FAIR ELECTION ACT

Important Features:
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national or local, running for any office
other than the one which he is holding in a permanent capacity shall not
be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”);
Letters
Posters (2’ x 3’) in common-private poster areas ( not more than 10 public places per political party or
independent candidate, 12’ 16’), private places and public places

Rally streamers (3’ x 8’) NOT MORE THAN 2

Paid national Local

Advertisements
 Print 1/4 page in broadsheet
and 1/2 page tabloid
3x a week

Television 120 60
minutes minutes
Radio 180 90
minutes minutes
COMELEC Free 3 national 1 national
Space
newspaper newspape
s r
3 television 1 station
networks
(equal allocation for all
candidates for 3
calendar
days)

Election Survey
Refers to the measurement of opinions and perceptions of the voters as regards a candidate’s
popularity, qualifications, platforms or a matter of public discussion in relation to the election, including voters’
preference for candidates or publicly discussed issues during the campaign period
Sec 5.4 of R.A. 9006 which prohibits the publication of surveys 15 days (for national candidates) or 7
days (for local candidates) before an election was declared unconstitutional by the Supreme Court.

Election Contributions & Expenditures

Contributions
• Includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a
contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of
influencing the results of the elections but shall not include services rendered without compensation by
individuals volunteering a portion or all of their time In behalf of a candidate or political party
• Include the use of facilities voluntarily donated by other persons, the money value of which can be
assessed based on the rates prevailing in the area

Prohibited Contributions
No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the
following:
• Public or private financial institutions. However, they are not prohibited from making any loan to a
candidate or political party if:
• The financial institutions are legally in the business of lending money,
• The loan is made in accordance with laws and regulations; and
• The loan is made in the ordinary course of business
• Natural and juridical persons operating a public utility or in possession of or exploiting any natural
resources of the nation;
• Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its
divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other
works;
• Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or
similar privileges, exemptions, allocations or similar privileges or concessions by the government or any
of its divisions, subdivisions or instrumentalities, including GOCCs;
• Natural and juridical persons who, within 1 year prior to the date of the election, have been granted
loans or other accommodations in excess of P100,000 by the government or any of its divisions,
subdivisions or instrumentalities including GOCCs;
• Educational institutions which have received grants of public funds amounting to no less than
 P100,000.00;
• Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines;
• Foreigners and foreign corporations, including foreign governments
It is unlawful for any person to solicit or receive any contribution from any of the persons or entities
enumerated

Prohibited Raising of Funds

It is unlawful for any person to hold the following for the purpose of raising funds for an election
campaign or for the support of any candidate from the commencement of the election period up to and including
election day:
• Dances,
• Lotteries,
• Cockfights.
• Games,
• Boxing bouts,
• Bingo,
• Beauty contests,
• Entertainments, or cinematographic, theatrical or other performances

Expenditures
Includes the payment of delivery of money or anything of value, or a contract, promise or agreement to
make an expenditure, for the purpose of influencing the results of the election. It shall also include the use of
facilities personally owned by the candidate, the money value of the use of which can be assessed based on the
rates prevailing in the area.
Authorized Expenses ( multiplied with the total number of registered voters )
• P 10 for president / vice president
• P 3 for other candidates for every voter currently registered in the constituency
• P 5 for independent candidates and political parties

Note
Donations to political parties are not allowable deductions under the Tax Code

Lawful Expenditures
• Traveling expenses of the candidates and campaign personnel in the course of the campaign and for
personal expenses incident thereto;
• For compensation of campaigners, clerks, stenographers, messengers, and other persons actually
employed in the campaign;
• For telegraph and telephone tolls, postage, freight and express delivery charges;
• For stationery, printing and distribution of printed matters relative to candidacy;
• For employment of watchers at the polls;
• For rent, maintenance and furnishing of campaign headquarters, office or place of meetings;
• For political meetings and rallies and the use of sound systems, lights and decorations during said
meetings and rallies;
• For newspaper, radio, TV and other public advertisements;
• For employment of counsel, the cost of which shall NOT be taken into account in determining the amount
of expenditures which a candidate or political party may have incurred;
• For copying and classifying list of voters, investigating and challenging the right to vote of persons
registered in the list; such costs shall NOT be taken into account in determining the amount of expenses
which a candidate or political party may have incurred;
• For printing sample ballots in such color, size and maximum number as may be authorized by the
COMELEC, such costs NOT to be taken into account in determining the amount of expenses which a
candidate or political party may have incurred.

THE ELECTION PROPER

An election if constituted when there is a plurality of votes sufficient for a choice conditioned on the
plurality of valid votes or a valid constituency regardless of the actual number of votes cast. Otherwise, there
would be no winner.

Failure of Elections
Grounds:
• The election in any polling place has not been held on the date fixed on account of force majeure,
violence, terrorism, fraud, or other analogous causes;
• The election in any polling place had been suspended before the hour fixed by law for the closing of the
voting on account of force majeure, violence, terrorism, fraud, or other analogous causes; and
• After the voting and during the preparation and transmission of the election returns or in the custody or
canvass thereof such election results in a failure to elect on account of force majeure, violence,
terrorism, fraud or other analogous causes.
Before the COMELEC can act on a verified petition seeking to declare a failure of elections, 2 conditions
must concur, namely:
• No voting took place in the precinct or precincts on the date fixed by law, or even if there was voting, the
election resulted in a failure to elect; and
• The votes not cast would have affected the result of the election.

Remedy
COMELEC can call for the holding or continuation of the election not held, suspended, or which resulted
in a failure to elect. The election should be held not later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to elect. This is decided by the COMELEC, by a majority
vote of its members, sitting en banc.

Postponement of Election
Grounds
• Violence
• Terrorism
• Loss or destruction of election paraphernalia/records
• Force majeure
• Other analogous causes

Effect
It is impossible to hold a free, orderly and honest election in any political subdivision
COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc, RA
7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and hearing

Date of new election

The date of the postponed election should be reasonably close to the date of the election not held, suspended,
or which resulted in a failure to elect. It should not be later than 30 days after the cessation of the cause for such
postponement or suspension of the election or failure to elect.

Casting of Votes

Method of voting
• Voter must vote in person
• Voter must vote but once
• Voter need not vote the whole ticket
• Absentee voting
• Applies to the elections for President, Vice-President, and Senators ONLY and shall be limited to
• Members of the AFP
• Members of the PNP
• Other government officers and employees who are duly registered voters and who, on election
day, may temporarily be assigned in connection with the performance of their election duties to
places where they are not registered voters
Counting of Votes

The counting of votes is conducted by the Board of Election Inspectors, which shall not adjourn or
postpone or delay the count until it has been fully completed, unless otherwise ordered by the COMELEC

Marked ballots
• Ballots containing a distinguishing mark which would tend to identify the voter who cast such ballot
• Invalidated in their entirety, and none of the votes therein are counted

Guiding principles in the Appreciation of Ballots

• Liberal Construction in favor of the validity of the ballot
• Minor blemishes should not affect the validity of the ballot where the intention of the voter to vote for
certain persons is discernible in the ballot

Rules for appreciation of ballots

Every ballot shall be PRESUMED VALID UNLESS there is clear and good reason to reject it.

BALLOT HOW
COUNTED
Ballots containing the name
of a
candidate affixed thereto Totally void
through any MECHANICAL
process
Ballot clearly appears to
have
been FILLED by 2 Totally void
DIFFERENT
PERSONS before
deposited in
ballot box
Ballot written with
CRAYON,
LEAD PENCIL or INK, Valid
wholly or
in part
INITIALS only or Considered as
ILLEGIBLE or a
does NOT sufficiently STRAY vote
identify the BUT
candidate for whom it is shall NOT
invalidate
intended the whole ballot
Vote for a person who has Considered as
not a
filed a certificate of STRAY vote
candidacy or BUT
in favor of a candidate for shall NOT
an invalidate
office for which he did not the whole ballot
present himself
Vote for a candidate who Considered as
has a
been disqualified by final STRAY vote
 BUT
judgment shall NOT
invalidate
the whole ballot
Only candidates' FIRST
NAME or
SURNAME is written, and vote for the
there
is NO other candidate with candidate is
the valid
same first name or
surname for
the same office
Only candidates' FIRST Vote counted in
NAME is
written which when read favor of the
has a
SOUND SIMILAR to the candidate with
SURNAME of another such
candidate SURNAME
If there are 2 or more
candidates
with the SAME FULL
NAME,
FIRST NAME or Vote counted
SURNAME, and for
one of them is the the
INCUMBENT. INCUMBENT
and on the ballot is written
ONLY such full name, first
name
or surname
Woman candidate uses her A ballot bearing
MAIDEN NAME or only such
MARRIED surname
NAME or BOTH, and there shall be
is counted in
another candidate with the favor of the
SAME SURNAME candidate who
is
an
INCUMBENT
2 or more words are written Vote shall NOT
on be
the SAME LINE on the counted for any
ballot, of
and ALL of which are the them UNLESS
one
SURNAMES of 2 or MORE is the surname
of
CANDIDATES the incumbent
who
has served for
at
least 1 year -
counted for the
INCUMBENT
2 or more words are written
on
DIFFERENT LINES on the
ballot,
ALL of which are the
SURNAMES
of 2 MORE CANDIDATES Vote counted in
bearing
the same surname for an favor of ALL
OFFICE of which the law CANDIDATES
authorizes the election of bearing
MORE
THAN ONE and there are the surname
the
SAME NUMBER of such
SURNAMES written as
there are
candidates with that
surname
1 word is written on the Vote counted
ballot for
which is the FIRST NAME the
of a OPPONENT
candidate and which is also (SURNAME)
the
SURNAME of his opponent
2 words written on the
ballot, 1
of which is the FIRST Vote shall NOT
NAME of be
the candidate and the other counted for
is either
the SURNAME of his
opponent
Name or surname
INCORRECTLY
WRITTEN which when Vote counted in
READ has
a SOUND SIMILAR to the favor of such a
name
or surname of a candidate candidate
when
correctly written (Idem
Sonans
rule)
Name or surname of a Vote shall be
candidate
appears in the space of the counted for the
ballot for an office for which candidate for
he the
is a candidate and for an office for which
office he
for which he is NOT a is running for.
candidate

Vote for the

office
for which he is
 NOT
a candidate
shall be
considered a
STRAY
vote EXCEPT
when
it is used to
identify
the voter in
which
case the whole
ballot is VOID
Name of a candidate is
NOT
written in the PROPER Vote counted
SPACE on for
the ballot but is the candidate
PRECEDED by
the name of the OFFICE for
which he is a candidate
Words written on the Vote counted in
APPROPRIATE BLANK on favor of that
the
ballot is the IDENTICAL candidate to
NAME or whose
SURNAME OR FULL ticket belong all
NAME of 2 or the
MORE candidates for the other
SAME candidates
OFFICE, none of whom is voted for in the
the
incumbent same ballot for
the
same
constituency
PREFIXES such as "Sr.",
"Mr.",
"Datu", "Don","Ginoo", PREFIXES
"Hon.", AND
"Gob." or SUFFIXES like SUFFIXES are
"Hijo",
"Jr.", "Segundo" valid
CIRCLES, CROSSES, Considered as
LINES on signs
spaces which the voter has of his
not desistance
voted from voting and
shall NOT
invalidate
the ballot
Space in the ballot appears Vote counted
a for
NAME of a candidate that is the one
CLEARLY
ERASED and another WRITTEN
CLEARLY
WRITTEN
ACCIDENTAL tearing or shall NOT
annul it
perforation of the ballot
Failure to remove the shall NOT
annul it
DETACHABLE COUPON the ballot
from the
ballot

Erroneous initial of FIRST Shall NOT annul

NAME
accompanied by the vote
CORRECT
SURNAME of the candidate
Erroneous initial of Shall NOT annul
SURNAME
accompanied by the vote
CORRECT
FIRST NAME of the
candidate
erroneous MIDDLE INITIAL Shall NOT annul
the vote
The fact that there exists
another person who is NOT Shall NOT annul
a
candidate with the same the vote
first
name or surname of a
candidate
COMMAS, DOTS,
HYPHENS
between the first name and Shall NOT
invalidate
surname of the candidate the ballot
or on UNLESS it
other parts of the ballot clearly appears
that
Traces of letter "T" or "J" or they were
similar ones deliberately put
by
First letters or syllables of the voter as
names
which the voters does not IDENTIFICATION
continue marks in which
UNINTENTIONAL or case, the ballot is
ACCIDENTAL flourishes, VOID
strokes,
strains
NICKNAMES and Shall NOT annul
APPELATIONS
of affection and friendship the vote EXCEPT
accompanied by the FIRST when such is
used
NAME or SURNAME of the to identify the
candidate voter in which
case
 the whole ballot
is VOID
NICKNAME used is one by Vote counted for
which
the candidate is generally the candidate IF
or
POPULARLY KNOWN in there is no other
the
locality as candidate for the
UNACCOMPANIED
by a first name or surname SAME OFFICE
of with
the candidate the SAME
NICKNAME
CORRECTLY written Vote NOT
FIRST NAME counted
of the candidate with a in favor of any
DIFFERENT SURNAME candidate having
such first name
BUT
the ballot is
considered valid
for
other candidates
2 or more candidates are Vote NOT
voted counted
for an office which the law in favor of any of
authorizes election of only them BUT the
ONE ballot
is considered
valid
for other
candidates
Candidates voted for Valid ballot BUT
EXCEED the
the number of those to be votes counted
are
elected those names
which
were FIRST
WRITTEN by the
voter until the
authorized
number
is covered
Ballots totally written in VALID (to read
ARABIC such
in localities where it is of ballots, the board
of
GENERAL USE election
inspectors
can use an
interpreter who
has
shall take an oath
to read them
correctly)
Election Returns
Official document containing the date of the election, the province, municipality and the precinct in which
it is held, and the votes received by each candidate written in figures and in words.
Document on which the Certificates of Canvass are based, and is the only document that constitutes
sufficient evidence of the true and genuine results of the elections

Certificate of Votes
• Document which contains the number of votes obtained by each candidate written in words and figures,
the number of the precinct, the name of the city or municipality and province, the total number of voters
who voted in the precinct, and the date and time issued
• Must be signed and thumb marked by each member of the Board.

The Certificate of Votes is evidence of the

votes obtained by the candidates.
(Balindong vs. COMELEC, 27 SCRA 567)

A certificate of Votes can never be a valid

basis for canvass, and does not constitute
sufficient evidence of the true and genuine
results of the elections; only election returns
are. (Garay vs. COMELEC, 261 SCRA 222)
Canvass
Process by which the results in the election returns are tallied and totaled

Certificates of canvass
Official tabulations of votes accomplished by district, municipal, city and provincial canvassers based on
the election returns, which are the results of the ballot count at the precinct level

Statement of Votes
Tabulation per precinct of votes garnered by candidates as reflected in the election returns; its
preparation is administrative function of the board, purely a mechanical act over which COMELEC has direct
control and supervision
Supports the certificate of canvass and is the basis of proclamation

PROVINCI CITY MUNICIPAL

AL
Chairm Provincial City Election
an election
election registrar registrar or
or a a
superviso lawyer of representa
r or tive
lawyer in COMEL of
the EC; COMELEC
regional In cities
office with
of the more
than 1
COMELE election
C
registrar,
COMEL
EC
shall
designat
e
 the
election

registrar
who
shall act as
chairman
Vice Provincial City fiscal Municip
al
Chair fiscal treasure
r
Mem Provincial City Most
ber senior
superinten superinten district
dent dent school
of schools of schools dsupervi
sor or
in his
absence
a
principal
of
the
school
district
or the
element
ary
school

Congress as the National Board of Canvassers

• Congress shall determine the authenticity and due execution of the certificate of canvass for President
and Vice President as accomplished and transmitted by the local board of canvassers

The Overseas Absentee Voting Act of

2002 insofar as it grants sweeping authority
to the Comelec to proclaim the winning
candidates, is unconstitutional as it is
repugnant to Sec 4 Art VII of the
Constitution, which vests in Congress the
authority to proclaim the winning
Presidential and Vice Presidential
candidates.(Makalintal vs. Comelec)

Even after Congress had adjourned its

regular session, it may continue to perform
the constitutional duty of canvassing the
presidential and vice-presidential election
results without need of any call of a special
session by the President. Pimentel Jr. v
Joint Committee of Congress to canvass the
votes cast for President and Vice President
Pre-Proclamation Controversies

Definition
Refers to any question pertaining to or affecting the proceedings of the board of canvassers which
may be raised by any candidate or by any registered political party or coalition of political parties before the
board or directly with the COMELEC.
Also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code
in relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. (Board of
canvassers have original jurisdiction while COMELEC have appellate jurisdiction)
1. When election returns are delayed, lost or destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
Those that can be filed with COMELEC directly are the ff:
• Issue involves the illegal composition or proceedings of the board of canvassers, as when a
majority or all of the members do not hold legal appointments or are in fact usurpers
• Issue involves the correction of manifest errors in the tabulation or tallying of the results during the
canvassing
Jurisdiction
COMELEC has exclusive jurisdiction

Pre- Cases of Actions for

proclamation
cases Annulment of Election
Results or Declararion
of
Failure of Elections
Restricted to an Comelec may conduct
technical
examination of examination of election
the
election returns documents and compare
on their and
face analyze voters'
signatures and
fingerprints in order to
determine
Without whether or not the
jurisdiction to go elections had
beyond or behind indeed been free, honest
and
election returns clean
and
investigate
election
irregularities

Recount
There can be a recount under the grounds of 234-236. The returns involved will affect the results and the
integrity of the ballot box has been preserved

Issues that may be raised in a pre-proclamation controversy

A. Illegal composition or proceedings of the board of canvassers
B. 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.
C. The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously
manufactured, or not authentic.
D. When substitute or fraudulent returns in controverted polling places were canvassed, the results of which
 materially affected the standing of the aggrieved candidate/s.

Procedure
A. Contested composition or proceedings of the board (under RA 7166)

It may be initiated in the board or directly with COMELEC.

B. Contested election returns (under RA 7166)

Matters relating to the preparation, transmission, receipt, custody and appreciation of the election
returns, and certificate of canvass, should be brought in the first instance before the board of canvassers only.

Summary nature of pre-proclamation controversy

A. Pre-proclamation controversies shall be heard summarily by the COMELEC.
B. Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision,
unless restrained by the SC.

Effect of filing petition to annul or suspend proclamation

It suspends the running of the period within which to file an election protest or quo warranto
proceedings.

When not allowed

Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and
appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166)
• President
• Vice-President
• Senator
• Member of the House of Representatives

BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person can
correct manifest errors in the certificate of canvass or election returns before it.

BUT: Questions affecting the composition or proceedings of the board of canvassers may be initiated in the
board or directly with COMELEC.

When pre-proclamation cases are deemed TERMINATED (RA 7166)

A. All pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of
the term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed.
B. This is without prejudice to the filing of a regular election protest by the aggrieved party.
C. HOWEVER: Proceedings MAY CONTINUE if:
1. The COMELEC determines that the petition is meritorious and issues an order for the proceedings to
continue or
2. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari.

Election Contest

Adversarial proceedings by which matters involving the title or claim to an elective office, made before or
after proclamation of the winner, is settled whether or not the contestant is claiming the office in dispute. The
purpose of an election contest is to ascertain the candidate lawfully elected to office

Original Jurisdiction

COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all
elective:
• Regional
• Provincial
• City officials

Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
• Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction
• Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction

Who can file a petition contesting the election

Any candidate who has duly filed a certificate of candidacy and has been voted for the same office

Purpose of an election contest

The defeated candidate seeks to oust the proclaimed winner and claims the seat.

Final COMELEC Decisions

Provision that decisions, final orders, rulings of the Commission on election contests involving municipal
and barangay offices are final, executory and not appealable:
• This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)
• It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC, Jan. 18,1991)

Distinctions between Pre-Proclamation

Controversy and Election Contest

Pre-proclamation Election Contest

controversy
Jurisdiction of Jurisdiction of
COMELEC COMELEC
is is judicial
administrative/quasi-
judicial
Governed by the governed by the
requirements of requirements of
administrative due judicial process
process

In some cases, even if the case (involving municipal officials) began with the COMELEC before
proclamation but a proclamation is made before the controversy is resolved, it ceases to be a pre-proclamation
controversy and becomes an election contest cognizable by the RTC.
However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases
even after proclamation. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings
to continue even after a proclamation has been made.

Jurisdiction over election contests

Supreme Court President and

en banc Vice President
(sole judge)
Senate Electoral Senators
Tribunal
(sole judge)
House of Congressmen and
Representatives Party-
Electoral Tribunal list
Representatives
(sole judge)
COMELEC Regional,
Provincial,
(exclusive original) City Elective
Officials
(appellate) Elective Municipal
 officials
Regional Trial Elective Municipal
Courts officials
(exclusive original)
Municipal Trial Barangay officials
Courts
(exclusive original)

Kinds of election contests

Election Protest Quo Warranto

may be filed by any may be filed by any
candidate
who has filed a registered voter in
certificate of the
candidacy and has constituency
been
voted upon for the
same
office, and who has
not
himself caused or
contributed
to the irregularities or
frauds
of which he complains

Grounds: Grounds:
Fraud, terrorism, Ineligibility or
irregularities disloyalty
or illegal acts to the Republic of
committed the
before, during, or after Philippines
the
casting and counting
of votes
Period for filing: Period for filing:
Within 10 days from Within 10 days
from
proclamation of the proclamation of the
results
of the election results of the
election
casting and counting
of votes
Period for filing: Period for filing:
Within 10 days from Within 10 days
from
proclamation of the proclamation of the
results
of the election results of the
election
Election Offenses (Selected Offenses)

Vote buying and vote-selling

A. Covered acts
• Give, offer or promise money or anything of value
• Making or offer to make any expenditure, directly or indirectly, or cause an expenditure to be made to
any person, association, corporation, entity or community
• Soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment,
public or private
B. Purpose of acts
• To induce anyone or the public in general to vote for or against any candidate or withhold his vote in
the election or
• To vote for or against any aspirant for the nomination or choice of a candidate in a convention or
similar selection
C. Under RA 6646 (Prosecution of vote-buying/selling)
• Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or
promise by or the voters acceptance of money or other consideration from the relatives, leaders or
sympathizers of a candidate is sufficient basis for an investigation by the COMELEC, directly or through
its duly authorized legal officers.
• Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing at least 20% of the total precincts in any
municipality, city or province has been offered, promised or given money, valuable consideration or other
expenditure by a candidate relatives, leaders and/or sympathizers for the purpose of promoting the election of
such candidate.
• Disputable presumption of involvement
Proof affects at least 20% of the precincts of the municipality, city or province to which the public office
aspired for by the favored candidate relates. This will constitute a disputable presumption of the involvement of
such candidate and of his principal campaign managers in each of the municipalities concerned in the
conspiracy

Coercion of a subordinate
A. Who can be held liable:
• public officer
• officer of a public/private corporation/association
• heads/superior/administrator of any religious org.
• employer/landowner

B. Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any manner, any subordinates, members,
parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers or lease holders to
aid, campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to punish by reducing salary, wage or
compensation or by demotion, transfer, suspension etc.

Appointment of new employees, creation of new position, promotion or giving salary increases

A. Who can be held liable: Any head/official/appointing officer of a government office, agency or instrumentality,
whether national or local, including GOCCs.

B. Prohibited acts
• Appointing or hiring a new employee (provisional, temporary or casual)
• Creating or filling any new position
• Promoting/giving an increase in salary, remuneration or privilege to any government official or
employee.

C. Period when acts are prohibited

 • 45 days before a regular election
• 30 days before a special election

D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the proper
functioning of the office/agency concerned AND that the position is not filled in a manner that may
influence the election
2. In case of urgent need, a new employee may be appointed. Notice of appointment should be given to
COMELEC within 3 days from appointment.

Prohibition against release, disbursement or expenditure of public funds

A. Who can be held liable: Any public official or employee including barangay officials and those of
GOCCs/subsidiaries

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

C. Period when acts are prohibited:

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

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

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

General rule: public official CANNOT suspend any of the officers enumerated above during the election period.
Exceptions
• With prior approval of COMELEC
• Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act

In relation to registration of voters/voting

• Unjustifiable refusal to register and vote
• Voting more than once in the same election/voting when not a registered voter
• Voting in substitution for another with or without the latter’s
knowledge and/or consent etc.

Other election offenses under RA 6646

A. Causing the printing of official ballots and election returns by printing establishments not on contract with
COMELEC and printing establishments which undertakes unauthorized printing
B. Tampering, increasing or decreasing the votes received by a candidate or refusing after proper verification
and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board
of election inspectors)
C. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the
BEI)
D. Person who violated provisions against prohibited forms of election propaganda
E. Failure to give notice of meetings to other members of the board, candidate or political party (committed by
 the Chairman of the board of canvassers)
F. A person who has been declared a nuisance candidate or is otherwise disqualified who continues to
misrepresent himself as a candidate (Ex. by continuing to campaign) and any public officer or private
individual who knowingly induces or abets such misrepresentation by commission or omission.
G. If the chairman of the BEI fails to affix his signature at the back of the official ballot, in the presence of the
voter, before delivering the ballot to the voter. (under RA 7166)

Since Election offenses are generally mala prohibita, proof of criminal intent is not necessary. Good faith,
ignorance, or lack of malice is not a defense; the commission of the prohibited act is sufficient.

Prescription of Election Offenses

1. Election offenses shall prescribe after 5 years from the date of their commission
2. If the discovery of the offense is made in an election contest proceeding, the period of prescription shall
commence on the date on which the judgment in such proceedings becomes final and executory

Jurisdiction of courts
A. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of
the Code.
B. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote.

Doctrine of Primary Jurisdiction

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

Doctrine of Prior Resort

When a claim originally cognizable in the courts involves issues which, under a regulatory scheme are
within the special competence of an administrative agency, judicial proceedings will be suspended pending the
referral of these issues to the administrative body for its view.

Note: The doctrines of primary jurisdiction and prior resort have been considered to be interchangeable.

Doctrine of Exhaustion of Administrative Remedies

1. Under this doctrine, an administrative decision must first be appealed to the administrative superiors up to
the highest level before it may be elevated to a court of justice for review.

1. Reasons :
a. to enable the administrative superiors to correct the errors committed by their
subordinates.
b. Courts should refrain from disturbing the findings of administrative. bodies in deference to
the doctrine of separation of powers.
c. courts should not be saddled with the review of administrative cases
d. judicial review of administrative cases is usually effected through special civil actions
which are available only if their is no other plain, speedy and adequate remedy.

3. Exceptions
• when the question raised is purely legal, involves constitutional questions
• when the administrative body is in estoppel
• when act complained of is patently illegal
• when there is urgent need for judicial intervention
• when claim involved is small
• when irreparable damage is involved
• when there is no other plain, speedy , adequate remedy
• when strong public interest is involved
• when the subject of controversy is private land
 • in quo warranto proceedings
• When the administrative remedy is permissive, concurrent
• utter disregard of due process
• long-continued and unreasonable delay
• amount involved is relatively small
• when no administrative review is provided
• respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL AGENCY – ALTER
EGO DOCTRINE)

Substantial evidence – defined to mean not necessarily preponderant proof as required in ordinary civil cases
but such kind of relevant evidence which a reasonable mind might accept as a truth.

REPUBLIC ACT No. 9189

Overseas Absentee Voting Act
• Law that ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of their
right to participate in the election of President, Vice-President, Senators and Party-List Representatives.
• The Overseas Absentee Voting Act was first implemented in the May 10, 2004 national elections.
• All Filipino citizens, not otherwise disqualified by law, at least eighteen (18) years of age on the day of the
election, and who are registered overseas absentee voters with approved application to vote in absentia,
may vote.

Disqualified from registering as overseas absentee voters

• Those who have lost their Philippine citizenship in accordance with Philippine laws;
• Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a
foreign country;
• Those who have been convicted by final judgment of a court or tribunal of an offense punishable by
imprisonment of not less than one (1) year, unless such disability has been removed by plenary pardon or
amnesty;
• Those who have been found guilty by final judgment of Disloyalty as defined under Article 137 of the
Revised Penal Code, unless such disability has been removed by plenary pardon or amnesty;
• An immigrant or a permanent resident who is recognized as such in the host country, unless he/she
executes upon filing of an application for registration as overseas absentee voter an affidavit declaring that:
• he/she shall resume actual physical permanent residence in the Philippines not later than three (3)
years from approval of his/her registration, and
• (ii) he/she has not applied for citizenship in another country;

• Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority
in the Philippines or abroad, as verified by the Philippine embassy, consulate or Foreign Service
establishment concerned, unless such competent authority subsequently certifies that such person is no
longer insane or incompetent.

However, those disqualified under paragraphs (c) and (d) hereof who have not been granted
plenary pardon or amnesty shall automatically acquire or reacquire the right to vote as an overseas absentee
voter upon the expiration of five (5) years after service of sentence.
May Filipino citizens abroad or Filipino citizens in the Philippines who will be abroad on election day
become registered overseas absentee voters by filing an application for registration or certification as overseas
absentee voters?
No, a registered overseas absentee voter must have an approved application to vote in absentia to be
entitled to vote. Application forms may be obtained from: the Philippine embassies, consulates and other foreign
service establishments, the Committee on Overseas Absentee Voting at the COMELEC, and the Office of the
Election Officer in every city/municipality/district.

Application shall be filed:

• If abroad during the period for the filing of applications - with the representative of the Commission
at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction
over the locality where voter temporarily reside. In case of seafarers, with the representative of the
 Commission at the Philippine embassy, consulate and other foreign service establishment having consular
jurisdiction over the locality where vessel is docked.
• If in the Philippines during the period for the filing of applications but will be abroad on the day
of the election - File with the Election Registration Board of the city/municipality/district where domiciled
prior to departure from the Philippines.
• In case of seafarers, either with (i) the Election Registration Board of the city/municipality/district where
domiciled prior to departure from the Philippines or (ii) the Committee on Overseas Absentee Voting.
Qualified overseas absentee voters shall cast their votes personally only in the designated voting area within
the premises of the Philippine embassy, consulate and other Foreign Service establishment that has jurisdiction
over the country where they temporarily reside, or at any polling place designated and accredited by the
Commission therein.

Votes may also be cast by mail in countries where the Commission has authorized the same.
The voter may be challenged from voting on the basis of:
• Being an illegal voter (not being registered, using the name of another; or
• suffering from existing disqualification OR for having committed illegal acts (received or expects to
receive money or anything of value as consideration for his/her vote,
• has paid, offered or promised to pay, has contributed, offered or promised to contribute money or
anything of value as consideration for the vote of another,
• made or received a promise to influence the giving or withholding of any such vote; or made a bet or is
interested directly or indirectly in a bet, which depends upon the results of the election).

An illiterate voter or one, who cannot accomplish the ballot by reason of physical disability, may still
vote, as long as the fact of illiteracy or physical disability was indicated in the application for
registration/certification and to vote in absentia.
Such person shall be assisted by a relative within the fourth civil degree of consanguinity or affinity, or, by any
person in confidence who belongs to the same household, or by any member of the SBEI.

Prohibited Acts
In addition to the prohibited acts provided by law, it shall be unlawful:
• For any officer or employee of the Philippine government to influence orattempt to influence any person
covered by the Act to vote or not to vote, for a particular candidate;
• For any person to deprive any person of any rights secured under the Act, or to give false information as
to his/her name, address, or period of residence for the purpose of establishing his/her eligibility or
ineligibility to register or vote under the Overseas Absentee Voting Act; or to conspire with another person
for the purpose of encouraging the giving of false information in order to establish the eligibility or
ineligibility of any individual to register or vote under the Overseas Absentee Voting Act; or to pay, or offer
to pay, or to accept payment either for applications to vote in absentia or for voting;
• For any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters,
the election returns, including the destruction, mutilation and manipulation thereof;
• For any person to steal, destroy, conceal, mutilate or alter any record, document or paper as required for
purposes of the Overseas Absentee Voting Act;
• For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply
with his/her sworn duties after acceptance of his/her appointment;
• For any public officer or employee who shall cause the preparation, printing, distribution of information
materials, or post the same in websites without prior approval of the Commission;
• For any public officer or employee to cause the transfer, promotion, extension, recall of any member of
the foreign service corps, including members of attached agencies, or otherwise cause the movement of
any such member from his/her current post or position one (1) year before and three (3) months after the
day of elections, without securing prior approval of the Commission;
• For any person who, after being deputized by the Commission to undertake activities in connection with
the implementation of the Act, shall campaign for or assist, in whatever manner, candidates in the election;
or
• For any person who is not a citizen of the Philippines to participate, by word or deed, directly or indirectly
through qualified organizations/ associations, in any manner and at any stage of the Philippine political
process abroad, including participation in the campaign and elections.
 PUBLIC INTERNATIONAL LAW

International law
It is a branch of public law which regulates the relations of States and of other entities which have been
granted international personality (e.g. the UN
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 juridical

Basis of International Law

• Law of Nature School
• Based on rules of conduct discoverable by every individuals in his own conscience and through
application of right reasons
• Positivist School
• Agreement of sovereign states to be bound by it (express in conventional law, implied in customary
law, and presumed in general principles)
• Eclectic or Groatian School
• A compromise between the first 2 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

RELATION OF INTERNATIONAL LAW AND MUNICIPAL LAW

Public International Law vs. Municipal Law vs. Private International Law
• International Law – prescribes rules and processes that govern the relations of sovereign states with each
other, and the rights of other entities insofar as they implicate the community of states
• Municipal law deals with the conduct or status of individuals, corporations, and other “private” entities
within particular states
• Private international law – part of the laws of each State, which determines whether in dealing with a
factual situation involving a foreign element, the law or judgment of some other state will be recognized or
applied in the forum

INTERNATIONAL MUNICIPAL LAW

LAW
Law of Law of subordination
coordination
(issued by political
superior)
Regulates relation Regulates relations of
of
states and other individuals among
international themselves or with
persons
their own states
Derived Consists mainly of
principally
from treaties, statutory enactments,
international and to a lesser extent
customs
and general executive orders and
principles
of law judicial
pronouncements
Resolved thru Redressed thru local
state-to
state transactions administrative and
judicial processes
 Collective Breach of which
responsibility entails individual
because
it attaches directly responsibility
to
the state and not
to
its nationals

Dualism vs Monism
Monism Dualism
Internationa International That the
l law
and and municipal international
domestic law and
law as legal are two the municipal
separate legal
orders systems, with systems are
only
those fundamentall
problems y part
affecting of one legal
order
International
relations
being
within the
scope
of
international
law
On which Neither legal Assertion of
order the
legal order has the power supremacy of
is to
superior create or alter international
law
rules of the even in the
other
municipal
sphere,
with domestic
law
as a mere
subset of
international
law
How one Before an That
international
legal order international norms are
norm
or operates can have an applicable
or effect in within
acts within municipal law, municipal
such systems
the other must be even without
transformed
 or adopted some positive
into the act
municipal of the state or
system its
through a bodies
positive
act by the
domestic
legislature
On what That International
each international law,
legal order law and like municipal
domestic law,
regulates law regulate is concerned
with
different the conduct
subject and
matter: welfare of
international individuals
law
for states;
domestic
law for
individuals

• Monist-naturalist
• That international law is superior
• That both systems are but part of a higher system of natural law
• Theory of Coordination
• That the two systems do not conflict as they work in separate fields
• But that municipal law generally obliged to be in conformity with international law
There may, however, be a conflict in obligations, an inability of the state to act in the domestic place in a
manner required by international law
• The consequence is not invalidity of the internal law but responsibility of the state in the international
plane the standard by which to determine the legality of a State’s conduct

Divisions of International Law

1. LAWS OF PEACE- Governs the normal relations of States
2. LAWS OF WAR - Rules during periods of hostility
3) LAWS OF NEUTRALITY- rules governing States not involved in the hostilities

Obligations of States and Municipal Law

• A state cannot plead the provisions of its own law or deficiencies in that law in answer to a claim against it
for an alleged breach of its obligations under international law
• From the nature of treaty obligations and from customary law, there is a general duty to bring internal law
in conformity with obligations under international law
• A breach of international law arises only when the state concerned fails to observe its obligations o n a
specific occasion and not upon mere failure to establish conformity in (2).

Position of the Individual

• International law imposes certain duties on individuals (i.e. That they cannot commit certain international
crimes)
• Individuals or corporations may at times plead that a treaty has legal consequences on them

DOCTRINE OF INCORPORATION - rules of international law form part of the law of the land and no further
legislative action is needed to make such rules applicable in the domestic sphere.
a. Such is recognized in art. 2, sec. 2, as the Philippines "adopts the generally accepted principles of
international law as part of the law of the land."
b. Rules of international law are given equal standing with, but are not superior to, national legislative
enactments. Thus, the Constitution, as the highest law of the land, may invalidate a treaty in conflict with it.
[Secretary of Justice v. Hon. Lantion and Mark Jimenez, Jan. 18, 2000]

DOCTRINE OF TRANSFORMATION - the generally accepted rules of int'l law are not per se binding upon the
State but must first be embodied in legislation enacted by the lawmaking body and so transformed into municipal
law. Only when so transformed will they become binding upon the State as part of its municipal law.
Example: Article VII, Section 21 of the Philippine Constitution setting down the mechanism for transforming a
treaty into binding municipal law.
Res Judicata and the 2 legal orders
• There is no effect of res judicata from the decision of a municipal court so far as international jurisdiction is
concerned (Parties and issues are different)
• Decisions by organs of international organizations are not binding in national courts without the domestic
legal system adopting some broad provision for automatic incorporation of treaty norms or require specific
acts of incorporation at least for certain categories of treaties.

SOURCES OF INTERNATIONAL LAW

Article 38 of the Statute of the International Court of Justice (ICJ) is considered the authoritative enumeration of
the sources of International Law.

PRIMARY
1. Treaty / International Conventions Generally, a treaty only binds the parties. However, treaties may be
considered a direct source of Int'l law when concluded by a sizable number of States (law-making treaty)
and is reflective of the will of the family of nations (in which case, a treaty is evidence of custom).
2. International Custom - Practices which, through persistent usage, have grown to be accepted by States as
legally binding. 2 Elements:
3. State Practice – a consistent and uniform external conduct of States. Generally, both what states say
and what they do are considered state practice.
4. Opinio Juris - State practice must be accompanied with the conviction that the State is legally
obligated to do so by int'l law, and not throughmere courtesy or comity, or because of humanitarian
considerations.

'INSTANT' CUSTOM
Customary law may emerge even within a relatively short passage of time, if within that period, State
Practice has been uniform and extensive. (ex. Law on the Continental Shelf) Thus, int'l law does NOT always
require a long period of time to elapse before conduct is considered customary.

3. General Principles of Law - Principles common to most national systems of law; rules based on natural
justice. ex. good faith, estoppel, exhaustion of local remedies, res judicata, res inter alios acta, equality of states,
pacta sunc servanda

SECONDARY
1. Judicial Decisions - a subsidiary means for the determination of rules of law (e.g., determining what rules
of customary IL exist) that is acceptable so long as they correctly interpret and apply int'l law.

Note:
Decisions of national or municipal tribunals are not a source of law but “ the cumulative effect of uniform
decisions of the courts of the most important States is to afford evidence of international custom.” (Salonga &
Yap, Public International Law, 5th Edition)
ex. Principles on diplomatic immunity have been developed by judgments of national courts.

1. Teachings of Publicists -- The word 'Publicist' means 'learned writer.' Learned writings, like judicial
 decisions, can be evidence of customary law, and can also play a subsidiary role in developing new rules of
law.
2 Requisites:
1. Fair and impartial representation of law. 2. By an acknowledged authority in the field.

OTHER SOURCES OF LAW

• Ex Aequo et Bono
• Means “from what is equitable and good”
• Possible application
• Consider as the equivalent of the application of equity
• Consider as implying the use of compromise, conciliation and friendly settlement between the
parties
• Equity
• The application of standards of justice that are not contained in the letter of the existing law

THE STATUS OF NORMS

• Jus Cogens
• Customary international law which has the status of a peremptory (absolute, uncompromising, certain)
norm of international law
• Peremptory norm – norm accepted and recognized by the international community of states as a rule,
from which no derogation is permitted and which can be modified only by a subsequent norm having the
same character
• Erga Omnes
• International obligations of such a nature that their violation by any state allows any other state to
invoke the violator’s liability, even if only one state or only a few incurred direct material damage

Functions of International Law

• Promote international peace and security
• Foster friendly relations among nations and discourage use of force in the resolution of difference
among them
• Provide for orderly regulation of conduct of states in their mutual dealings
• Ensure international cooperation in pursuit of certain common purposes of economic, social, cultural or
humanitarian character

SUBJECTS OF INTERNATIONAL LAW

Subject
Entity that has rights and responsibilities under international law and having the capacity to maintain its
rights by bringing international claims, includes:
• States
• Colonies and dependencies
• Mandates and trust territories
• The Vatican
• The United Nations
• Belligerent communities
• International Administrative bodies
• Individuals, to a certain extent

Object
• a person or thing in respect of which rights are held and obligations assumed by the subject;
• it is not directly governed by the rules of international law;
• Its rights are received, and its responsibilities imposed, indirectly through the instrumentality of an
international agency.
• Traditionally, individuals have been considered merely as objects, not subjects, of international law;
However, modern IL now grants, primarily through treaties, a certain degree of international personality to
individuals (e.g. individuals are granted by treaty the power to sue before the European Court of Human Rights)
States
Group of people, living together in a fixed territory, organized for political ends under an independent
government, and capable of entering into international relations with other states

Creation of State:
• by Peaceful acquisition of independence (Philippines);
• by Revolution (USA);
• by Unification of several states (Italy);
• by Secession (Bangladesh);
• by Agreement (Netherlands(; and
• by attainment of Civilization (Japan)
CODE: PRUSAC

Extinction of State
• Dismemberment;
• Annexation;
• Dissolution of federal union;
• partial loss of Independence
• Emigration en masse of its population;
• Merger or Unification
• Overthrow of government resulting in anarchy

Elements of State
• People
• A group of individuals, of both sexes, living together as a community, sufficient in number to maintain
and perpetual themselves living in a stable, political community
• Territory
• The fixed portion on the earth’s surface occupied by inhabitants
• Need not be exactly defined by metes and bounds, so long as there exists a reasonable certainty of
identifying it
• Government
• Must be organized, exercising control over and capable of maintaining law and order within the
territory
• It can be held internationally responsible for the acts of the inhabitants
• The identity of the state is not affected by changes in government
• Independence or Sovereignty
• Freedom from outside control in the conduct of its foreign (and internal) affairs

Distinctions between sovereignty and independence

SOVEREIGNTY
It refers to the supreme and uncontrollable power inherent in the State by which such State is governed.
It has 2 aspects:
1. INTERNAL- freedom of the State to manage its own affairs.
2. EXTERNAL- freedom of the State to direct its foreign affairs.

INDEPENDENCE
It is synonymous with external sovereignty. It is defined as the power of a State to manage its external
affairs without direction or interference from another State.

Recognition

Recognition of States
An act by which a state acknowledges the existence of another state, government or belligerent
community and indicates its willingness to deal with the entity as such under rules of international law.

Theories:
1. Declaratory
It merely affirms an existing fact like the possession by the state of the essential elements. Discretionary
and political
• Constitutive
it is the act of recognition that constitute s the entity into an international person. Compulsory and legal;
may be compelled once the elements of a state are established.

Basic Rules on Recognition

• it is a political act and mainly a matter of policy on the part of each state;
• discretionary on the part of the recognizing authority
• exercised by the political (executive) department of the state
• the legality and wisdom of recognition is not subject to judicial review

Recognition of Governments
It is the free act by which one or several states acknowledge that a person or a group of persons is
capable of binding the state which they claim to represent and witness their intention to enter into relations with
them

Tobar or Wilson Doctrine

It precludes recognition of any government established by revolutionary means until the freely elected
representatives of the people have organized a constitutional government
Stimson Doctrine
No recognition of government established through external aggression

Estrada Doctrine
• Since recognition has been construed as approval (and non-recognition, disapproval) of a government
established through a political upheaval, a state may not issue a declaration giving recognition to such
government, but merely accept whatever government is in effective control without raising the issue of
recognition
• Dealing or not dealing with the government is not a judgment on the legitimacy of the said government

Kinds of Recognition
Recognition Recognition
De Jure De Facto
Extended to a Extended to a
government government
believed
fulfilling the that some of the
requirements for requirements for
recognition recognition are
absent
Relatively Provisional

permanent
Vests title in the Does not vest title
government to its
properties abroad
Brings about full limited to certain
diplomatic relations juridical relations

Effects of Recognition of a State or Government:

• Diplomatic relations
 • Right to sue in courts of the recognizing state
• Right to possession of properties situated within the jurisdiction of the recognizing state.
• All acts of the recognized state or government are validated retroactively, preventing the recognizing
state from passing upon their legality in its own courts.
• Immunity from jurisdiction
oactive validation of the acts of the recognized state/government

Conditions for Recognition of Belligerency

• Organized civil government
• The rebels occupy substantial portion of territory
• The conflict is serious and outcome is uncertain
• The rebels are willing to observe the laws of war

Requisites for recognition de jure

• Government is stable and effective
• No substantial Government is resistance to its authority
• The government must show willingness and ability to discharge its international obligations
• The government must enjoy popular consent or approval of the people

Note: Absence of one requisite, such is a recognition de facto

Principle of State Continuity

The state continues as a juristic being notwithstanding changes in its circumstances provided only that
such changes do not result in the loss of any of its essential elements

changes in the government or the

internal policy of a state do not as a rule
affect its position in international law…
though the government changes, the nation

remains, with rights and obligations

unimpaired. The state is bound by
engagements entered into by governments
that have ceased to exist; the restored
government is generally liable for the acts of
the usurper… ( The Tinoco Arbitration)

State Succession
The substitution of one State by another, the latter taking over the rights and some of the obligations of
the former.

2 types of State Succession:

1. UNIVERSAL- takes place when a State is completely annexed by another, or is dismembered or
dissolved, or is created as a result of merger of 2 or more States.
2. PARTIAL - takes place when a portion of the territory of a State loses part of its sovereignty by joining a
confederation or becoming a protectorate or suzerainty.

Effects of State Succession

• The allegiance of the inhabitants of the predecessor State is transferred to the successor State.

• The political laws of the predecessor State are automatically abrogated but the non-political laws are
deemed continued unless expressly repealed or contrary to the institutions of the new sovereign.
• The public property of the successor State is acquired by the successor State but not the tort liability of
the former.
• Treaties entered into by the predecessor State are not considered binding on the successor State
except those dealing with local rights and duties such as servitudes and boundaries.
Succession of Government

In succession of government, the integrity of the original State is not affected as what takes place is only
a change in one of its elements, the government.

Effects of a change in government:

• If effected by peaceful means, the new government inherits all rights and obligations of the old
government.
• If effected by violence, the new government inherits all the rights of the old government. However, the new
government may reject the obligations of the old government if they are of a political complexion. If the
obligations are the consequence of the routinary act of administration of the old government, they should be
respected.

Colonies and Dependencies

From the viewpoint of international law, they are considered as part and parcel of the parent state, through
which all its external relations are transacted with other states
It has no legal standing in the family of nations
Nevertheless, such entities have been allowed on occasion to participate in their own right in international
undertakings and granted practically the status of a sovereign state. It is when acting in this capacity that
colonies and dependencies are considered international persons

Mandates and Trust Territories

Non-self-governing territories which have been placed under international supervision to insure their
political, economic, social and educational advancement

Belligerent Community

It is a group of rebels under an organized civil government who have taken up arms against the
legitimate government. When recognized, considered as a separate state for purposes of conflict and entitled to
all the rights and subjected to all the obligations of a full-pledged belligerent under the laws of war

International Administrative Bodies

Certain administrative bodies created by agreement among states may be vested with international
personality when two conditions concur:
• Their purposes are mainly non-political; and
• They are autonomous and not subject to the control of any state

The Vatican City

Under the Lateran Treaty, Italy recognizes the full authority and jurisdiction of the Holy See over the
Vatican

Individuals

Traditional concept regards the individual only as an object of international law who can act only through
the instrumentality of his own state in matters involving others states are autonomous and not subject to the
control of any state
Of late, however, the view has grown among many writers that the individual is not merely an object but
a subject of international law. May precepts of the law of nations are directly applicable to or for the benefit of the
individual; sometimes even independently of the state to which he may belong

United Nations

International organization created at San Francisco Conference held in the US from April 25 to June 26, 1945.
UN succeeded the League of Nationals and is governed by a charter that came into force on October 24, 1945.
Principal Purposes of UN
• Prevention of war
• Maintenance of international peace and security
• Development of friendly relations among the members of the international community
• Attainment of international cooperation and harmony in the actions of nations

Qualifications for Membership

• Must be a state;
• Must be peace loving;
• Must accept obligations of member-states contained in the Charter; and
• Must be able and willing to carry out such obligation

Number of votes required

number of votes required

amendment of 2/3 of the members of the
UN
charter Gen. Assembly and
ratified
by 2/3 of the members of
the UN including

permanent members of
the Security Council
admission of 2/3 of those present and
States
voting in the Gen.
Assembly
upon recommendation of
at least 9 (including all
the permanent) members
of the Security Council
suspension same vote required as in
admission. When
suspended
a member cannot
participate in meetings of
the Gen. Assembly,
cannot
be elected to or continue
to serve in the Sec.
Council,
the Econ. And Social
Council, the Trusteeship
Council; but nationals
may
continue serving in the
Secretariat and the
International Court of
 Justice, although a
member is still subject to
discharge its obligations
under the charter
to lift the a qualified majority vote
suspension of
the Security Council
expulsion 2/3 vote of those present
and voting in the Gen.
Assembly, upon
recommendation of a
qualified majority of the
Security Council on
grounds of persistently
violating the principles
contained in the Charter

International constitutional supremacy clause

Article 103 of the UN Charter:
“In the event of a conflict between the obligations of the Members of the UN under the present Charter and
their obligations under any other international agreement, their obligation under the Charter shall prevail.”

Principal Organs of UN
General Assembly – central organ where all members are represented
Security Council – organ responsible for the maintenance of peace and security; undertakes preventive and
enforcement actions
Composition: 15 members
• Permanent (Big Five) – China, France, Russia, UK, US
• Other 10 members – elected for 2 year terms by the GA
• Africa and Asian states: 5
• Eastern European states: 1
• Latin American states: 2
• Western European and other states: 2
Decisions on Procedural Matters – made by an affirmative vote of 9 members
Decisions on all other matters – affirmative vote of 9 members including the concurring votes of the
permanent members; provided that, in decisions under Chapter VI, and under paragraph # of Article 52, a party
to a dispute shall abstain from voting
Veto – negative vote which any of the permanent members is allowed to cast in the decision of non-
procedural question. The effect of the veto is to defeat the measure under consideration even if supported by a
majority or, in fact, all of the other members of the SC
Economic and Social Council – exerts efforts towards higher standards of living, solutions of international
economic, social, health and related problems, universal respect for and observance of human rights and
fundamental freedoms
Trusteeship Council – organ charged with the administration of the International Trusteeship System (idle
council)

International Court of Justice – judicial organ of UN; World Court governed by the Statute which is annexed to
and made part of the UN charter

Composition: 15 judges
• Jurisdiction: to decide issues referred to it (consensual) regarding:
• Interpretation of treaty;
• Question of international law
 • Existence of fact constituting a breach of international obligation
• Nature or extent of the reparation to be made for the breach of an international obligation
To render advisory opinions
• May be given upon request of the GA or the SC. Other organs of the UN, when authorized by the
GA, may also request advisory opinion on legal questions arising within the scope of their activities
Limitations:
• only states may be parties in cases before it
• The consent of the parties is needed for the court to acquire jurisdiction over the case

STARE DECISIS does not apply to the ICJ. Under the statute of the Court, previous decisions have no binding
force; in practice, however, the Court always takes past decisions into account

ex aequo et bono
• to rule in justice and fairness -- equity overrides all other rules of law.
• The ICJ has no power to decide a case ex aequo et bono, unless all parties agree thereto [art. 38(2), ICJ
Statute].

Secretariat – chief administrative organ of the UN

• How is the Secretary General elected?
The Secretary General is chosen by the GA upon the recommendation of the SC. His term is fixed
at 5 years by resolution of the GA and he may be re-elected

Functions of the Secretary General:

• Representational – the Sec Gen is the highest official and spokesman of the UN. When acting in this
capacity, he enjoys the usual diplomatic immunities and privileges, which only the SC may waive
• Political – the Sec Gen may bring to the attention of the Organization any matter which, in his opinion,
may threaten or disturb international peace and security.

He may assist in its solution with the authority of the SC

• Administrative – the Sec Gen is the head of the Administrative personnel of the UN and is in charge of
coordinating the activities of the various organs of the Organization
• Secretariat – the Sec Gen acts in that capacity in all the meetings of the GA, the SC, the ECOSOC and
the Trusteeship council
• Budgetary – the Sec Gen also prepares the budget of the UN for submission to and approval by the GA

Territory of states

Some modes of acquisition:

• Cession – a bilateral agreement whereby one state transfers sovereignty over a definite portion of the
territory to another state.
• Subjugation - It is a derivative mode of acquisition by which the territory of one state is conquered in the
course of war and thereafter annexed and placed under sovereignty of the conquering state.
• Prescription – the long continued use of real property ripened into ownership
• Discovery and Occupation – original mode of acquisition by which territory not belonging to any state,
or terra nullius, is placed under the sovereignty of the discovering state
Outer space is res communes and not susceptible to discovery and occupation
Doctrine of effective occupation – discovery alone gives only an inchoate title; to be effective, the discovery
must be followed within a reasonable time by effective occupation
Effective occupation does not necessarily require continuous display of authority in every part of the territory
claimed
An occupation is valid only with respect to and extends only to the area effectively occupied
• Conquest – the taking of possession of hostile territory through military force in time of war and by
which the victorious belligerent compels the enemy to surrender sovereignty of the territory thus occupied.
No longer lawful because of UN Charter which prohibits resort to threat or the use of force against the
territorial integrity and political independence of any state
• Accretion – the increase in the land area of a State caused by the operation of the forces of nature, or
artificially through human labor
A. sovereignty over land territory
Includes all the lands and the internal waters

Internal waters – do not form part of the maritime domain

A foreign vessel cannot enter into the ports and harbors of a state invoking the right of innocent passage
because it may only be invoked by a foreign vessel when traversing territorial sea which forms part of the
maritime domain. What may be invoked is the right of arrival under distress

Right of innocent passage

• Innocent passage means the right of continuous and expeditious navigation of a foreign ship through the
territorial sea of a State for the purpose of traversing that sea without entering the internal waters or calling
at a roadstead or port facility. The passage is innocent as long as it is not prejudicial to the pease, good
order or security of coastal State

• Man of war – refers to naval vessels/submarines which may invoke the right of innocent passage
provided that they navigate on the surface of the water and display their flags

• Right of transit passage – has the same concept as right of innocent passage. The only difference
between the two is that the right of transit passage may be invoked in case of passage through a strait. (a
narrow body of water separating 2 major islands)

• Sovereignty over maritime domain: the UN Law of the Sea

Methods used in defining the territorial sea

Normal baseline method
• Territorial sea is drawn from the low-water mark of the coast to the breath claimed, following its
sinuosities and curvatures but excluding the internal waters in bays and gulfs
Straight baseline method
• Straight lines are made to connect appropriate points on the coast without departing radically from its
general direction. The waters inside the lines are considered internal waters.

• Territorial Sea
• contiguous Zone
• Exclusive Economic Zone
• Continental Shelf
• The deep Sea-bed – common heritage of mankind. The sea beyond the continental shelf.
• High seas

Res commones
• Navigation
• Fishing
• Scientific research
• Mining
• Laying submarine cables or pipelines
• Other human activities in the open sea and ocean floor

Freedom of navigation – the right to sail ships on the seas which is open to all States and land-locked
countries
GR: vessels sailing on the high seas are subject only to international law and the laws of the flag state (Flag
State – State whose nationality the ship possesses, for its nationality which gives the right to fly a country’s flag)
Exceptions:
• Foreign merchant ships violating the laws of coastal state
• Pirate ships
• Slave trade ships, any ship engaged in unauthorized broadcasting; and
• Ships without nationality, or flying a false flag or refusing to show its flag when required to do so
Doctrine of hot pursuit - the pursuit of a foreign vessel undertaken by the coastal State which has “good
reason to believe that the ship has violated the laws and regulations of that State” provided that the following
elements are present:
• Pursuit commences from an internal water, territorial sea, contiguous zone of the pursuing state, and may
not be continued outside if the pursuit has not been interrupted
• It is continuous and unabated
• Pursuit conducted by a warship, military aircraft, or government ships authorized for the purpose
Hot pursuit ceases as soon as the foreign ship being pursued enters the territorial sea of its own or that of a
third state

Low water mark – mark on the water on the shore at low tide
High water mark – mark on the water on the shore at high tide

• Sovereignty over aerial domain

Air space – the airspace above the high seas is open to all aircraft just as high as is accessible to ships of all
States

• The State whose aerial space is violated can take measures to protect itself, but it does not mean that
the State has unlimited right to attack the intruding aircraft (intruding aircraft can be ordered either to
leave the State’s airspace or to land)
There is no such right of innocent passage in aerial domain

Outer Space – is res commones

• The space beyond airspace surrounding the earth or beyond the national airspace
• The moon and other celestial bodies form part of the outer space (moon Treaty of 1979). Thus, not
subject to national appropriation
• Fee for all exploration and use by all States and cannot be annexed by any State
• Astronauts – are considered as ambassadors of humankind under the theory that there are other beings
in the outer space. Thus, every state has the liability to render assistance to an astronaut under distress

JURISDICTION OF STATES
Authority exercised by a state over persons and things within or sometimes outside its territory, subject
to certain exceptions

Bases of jurisdiction:
• Territorial principle – jurisdiction of the state over all persons, property, transactions and occurrence
within its territory
• Nationality principle – a state may punish offenses committed by its nationals anywhere in the world
• protective principle – a state may punish crimes committed abroad prejudicial to national security and
vital interest
• universality principle – extraterritorial jurisdiction of states regardless of where they are committed or
who committed it

Exemptions from Jurisdiction:

• Doctrine of State Immunity
• Act of State Doctrine – court of one state will not sit in judgment over acts of the government of another
state done in its territory
• Diplomatic Immunity
• Immunity of specialized agencies, other international organizations, and its officers
• Foreign merchant vessel exercising the right of innocent passage
• Foreign armies passing through or stationed in the territory with the permission of the state
• Warship

Arrival under stress - involuntary entrance; it may be due to lack of provisions, unseaworthiness of the vessel,
inclement weather, or other case of force majeure, such as pursuit of pirates

EXTRADITION
The right of a foreign power, created by treaty, to demand the surrender of one accused or convicted of a
crime within its territorial jurisdiction, and the correlative duty of the other state to surrender him to the
demanding state
The legal duty to extradite a fugitive from justice is based only on treaty stipulations
Extradition proceedings are not criminal in nature. In criminal proceedings, the constitutional rights of the
accused are at fore; in extradition, which is sui generis- a class by itself - they are not.

Fundamental principles governing extradition

• There is no legal obligation to surrender a fugitive unless there is a treaty
• Religious and political offenses are generally not extraditable

Attentat clause – a provision in an extradition treaty that stipulates that the murder of the head of a foreign
government or the member of his family should not be considered as a political offense

c. a person extradited can be prosecuted by the requesting state only for the crime for which he was
extradited (Principle of Specialty); and
• unless provided for in a treaty, the crime for which a person is extradited must have been committed in
the territory of the requesting state
• double criminality – act for which the extradition is sought must be punishable in both States

Extradition cases are within the jurisdiction of the REGIONAL TRIAL COURT

EXTRADITION CRIMINAL
PROCEEDING PROCEEDING
1. does not involve 1. involves
determination determination of
of guilt guilt
2. summary in nature 2. adversarial in
nature
which require a full
blown
3. liberal interpretation 3. strict
applies interpretation of
rules on evidence
applies
4. the court may declare 4. the court has the
a person final say
extraditable but the
president
has the last say
5. presumption of 5. presumption of
innocence is innocence
not applicable is applicable

Procedure for Extradition

• request through diplomatic representative with:
• decision of conviction
• criminal charge and warrant of arrest
• recital of facts
• text of applicable law designating the offense
• pertinent papers
• DFA forwards request to DOJ
• DOJ files petition for extradition with RTC
• upon receipt of a petition for extradition and its supporting documents, the judge must study them and
 make, as soon as possible, a prima facie finding whether
• they are sufficient in form and substance
• they are in compliance with the Extradition Treaty and Law
• the person sought is extraditable

At his discretion, the judge may require the submission of further documentation. He may personally examine
the affiants and witnesses of the petitioner in state of this study and examination, no prima facie finding is
possible, the petition may be dismissed at the discretion of the judge
On the other hand, if the presence of a prima facie case is determined, then the magistrate must immediately
issue a warrant for the arrest of the extraditee, who is at the same time summoned to answer the petition and
to appear at the scheduled summary hearings.

An extraditee has no right to notice and

hearing during the evaluation stage of the
extradition process…the time for the
extradite to know the basis of the request for
his extradition is merely moved to the filing
in court of the formal petition for extradition.
The extraditee’s right to know is
momentarily withheld during the evaluation
stage of the extradition process to
accommodate the more compelling interest
of the State to prevent escape of potential
extraditees which can be precipitated by
premature information on the basis of the
request for his extradition. (US vs
Purganan, 389 SCRA 623)

• Hearing (provide counsel de officio if necessary)

• Appeal to CA within 10 days whose decision shall be final and executory
• Decision forwarded to DFA through the DOJ
• Individual placed at the disposal of the authorities of requesting state costs and expenses to be
shouldered by requesting state

• A state may not compel another state to extradite a criminal without going through the legal
processes provided in the laws of the former
• Due process requirement complied at the RTC level upon filing of petition for extradition. No
need to notify the person subject of the extradition process when the application is still with the
DFA or DOJ.
• Extradition is not a criminal proceeding which will call into operation all the rights of an accused
provided in the Bill of Rights
• For the provision arrest of an accused to continue, the formal request for extradition is not
required to be filed in court – it only needs to be received by the requested state in accordance
with PD 1069.
• A respondent in an extradition proceeding is not entitled to notice and
• hearing before the issuance of warrant of arrest. Sec 6 of PD 1069, our Extradition Law uses the
word “immediate.”
• If bail can be granted in deportation cases, we see no justification why it should not also be
allowed in extradition cases. While extradition is not a criminal proceeding, it is characterized by
the following: (a) it entails a deprivation of liberty on the part of the potential extraditee and (b)
the means employed to attain the purpose of extradition is also “the machinery of criminal law.”
The potential extraditee should prove by “clear and convincing evidence” that he is not a flight
risk and will abide with all the orders and processes of the extradition court before his motion for
bail can be granted. (Govt. of Hong Kong Special Administrative Region vs Olalia, G.R. No.
153675, April 19, 2007)
clear and convincing evidence – lower than proof beyond reasonable doubt but higher than preponderance of
evidence

RIGHT OF LEGATION
It is the right to send and receive diplomatic missions. It is governed by the Vienna Convention on
Diplomatic Relations (1961)

Agents of Diplomatic Intercourse:

• head of state;
• foreign secretary or minister; or
• members of diplomatic service

Functions of Diplomatic Missions:

1. Representing sending state in receiving state;
2. Protecting in receiving state interests of sending state and its nationals;
3. Negotiating with government of receiving state
4. Promoting friendly relations between sending and receiving states and developing their economic, cultural and
scientific relations
5. Ascertaining by all lawful means conditions and developments in receiving state and reporting thereon to
government of sending state;

Agreation – process of appointment of diplomatic envoy consisting of two acts:

• inquiry, usually informal, addressed by the sending State to the receiving State regarding the
acceptability of an individual to be its chief of mission; and
• agre’ment - also usually informal, by which the receiving State indicates to the sending state that such
person would be acceptable

Letters of credence – document by which the envoy is accredited to the foreign state to which he is being sent
designating his rank and the general object of his mission, and asking that he be received favorably and that full
credence be given to what he says on behalf of his State.

Privileges and Immunities

• Personal inviolability
• Inviolability of premises and archives
• Right of official communications
• Exemption from local jurisdiction
• Exemption from subpoena; and
• Exemption from taxation or custom duties;
• Other privileges
• Freedom of movement and travel in its territory
• Exemption from all personal services and military obligations
• Use of flag and emblem of the sending state on the diplomatic premises and the residence and means of
transport of the head of mission

Members of the administrative and technical staff of the mission, if they are not nationals of or permanently
residing in the receiving state, are accorded the privileges and immunities of diplomatic agents, with the
exception of customs exemptions and immunity from civil and administrative jurisdiction of the receiving State for
acts performed outside the course of their duties

Waiver of Immunities
• Diplomatic privileges can be waived, but the waiver cannot be made by the individual concerned since
such immunities are not personal to him
• Waiver may be made only by the government of the sending state if it concerns the immunities of the
head of mission
• In other cases, the waiver may be made either by the government or by the chief of mission
Termination of Diplomatic Mission
• Death
• Resignation
• Removal
• Extinction of the state
• War between the receiving and sending states
• Abolition of office
• Recall
• Dismissal

Consuls – state agents residing abroad for various purposes but mainly in the interest of commerce and
navigation
• they are not clothed with diplomatic character and are not accredited to the government of the country
where they exercise their consular functions; they deal directly with the local authorities
Kinds of Consuls
1. consules missi ( consuls of career ) – professional or career consuls who are nationals of the sending state
and are required to devote their full-time to discharge their duties; and
2. consules electi (honorary consuls) – may or may not be nationals of the sending state and perform consular
functions only in addition to their regular callings

Letter patent (letter de provision) – evidence of the appointment of a consul issued by the appointing authority
of the sending state.

Exequatur – the authorization given to the consul by the sovereign of the receiving state, allowing him to
exercise his function within the territory

Consular Functions:
1. Protection of the interests of the sending state and its national in the receiving state
2. Promotion of the commercial, economic, cultural and scientific relations of the sending and receiving states
3. Observation of conditions and developments in the receiving state and report thereof to the sending state
4. Issuance of passports and other travel documents to nationals of the sending state and visas or appropriate
documents to persons wishing to travel to the sending state
5. Supervision and inspection of vessels and aircraft of the sending State

Immunities and Privileges

• Inviolability of their correspondence, archives and other documents
• Freedom of movement and travel
• Immunity from jurisdiction for acts performed in official capacity
• Exemption from certain taxes and customs duties

TREATY
• An international agreement concluded between States in written form and governed by international law,
whether embodied in a single instrument or in two or more related instruments and whatever its
particular designation.

Requisites:
• Entered into by parties having treaty-making capacity
• Through their authorized organs or representatives
• Without attendance of duress, fraud, mistake, or other vices of consent
• Lawful subject matter and object
• Ratification in accordance with their respective constitutional processes

Steps in Treaty-Making process:

• Negotiation – parties reach an agreement on its terms
• Signature – primarily intended as a means of authenticating the instrument and for the purpose of
symbolizing the good faith of the parties
 • Ratification – formal act by which a state confirms and accepts the provisions of a treaty concluded by
its representatives
• Exchange of instruments of ratification; and
• Registration with UN

Oral agreements between States are recognized as treaties under customary international law (but are
extremely rare nowadays).

Doctrine of Unequal Treaties

Treaties which have been imposed through coercion or duress by a State of unequal character are void

Accession
Also known as adhesion, this is the process by which a non-signatory state becomes a party to a treaty

Reservation
A unilateral statement, made by a state when signing, ratifying, accepting, approving or acceding to a
treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their
application to the state
The state making the reservation remains a party to a treaty, provided that the reservation is compatible
with the object and purpose of the treaty

Jus cogens
Customary international law that has attained the status of a peremptory norm, accepted and recognized
by the international community of states as a rule from which no derogation is permitted and can be modified
only by a subsequent norm having the same character. E.G. customs out-lawing slave trade, genocide,
terrorism, etc

Concordat
A treaty or agreement between ecclesiastical and civil powers to regulate the relations between the
church and the state in those matters which, in some respect are under the jurisdiction of both

Pacta sunt servanda

Every treaty in force is binding upon the parties to it and must be performed by them in good faith (Art.
26, Vienna Convention on the Law of Treaties)

Most Favored Nation Clause

Pledge made by a contracting party to a treaty to grant to the other party treatment not less favorable
than that which had been given or may be granted to the most favored among parties
• Unconditional – any advantage of whatever kind which has been or may in future be granted by either of
the contracting parties to a third State shall simultaneously and unconditionally be extended to the other
under the same or equivalent conditions as those under which it has been granted to the third State
• Conditional

Rebus Sic Stantibus

Legal principle which would justify non-performance of treaty obligations where an unforeseen or
substantial changes occur which would render one of the parties thereto unable to undertake treaty obligations
as stipulated therein

Requisites
• The change must be so substantial that the foundation of the treaty must have altogether disappeared
• The change must have been unforeseen or unforeseeable at the time of the perfection of the treaty
• The change must not have been caused by the party invoking the doctrine
• The doctrine must be invoked within a reasonable time
• The duration of the treaty must be indefinite, and
• The doctrine cannot operate retroactively, i.e., it must not adversely affect provisions which have already
been complied with prior to the vital change in the situation

Termination of treaty
 • expiration of term
• accomplishment of the purpose
• supervening impossibility of performance
• loss of subject matter
• desistance of parties
• extinction of one of the parties to the treaty (bipartite treaties only)
• novation
• occurrence of vital change of circumstance
• outbreak of war
• voidance of treaty
• conclusion of a subsequent inconsistent treaty between the same parties
• violation of the treaty by one of the parties
• doctrine of rebus sic stantibus
• severance of diplomatic or consular relations
• emergence of a new peremptory norm of general international law

Protocol de cloture
An instrument which records the winding up of the proceedings of a diplomatic conference and usually
includes a reproduction of the texts of treaties, conventions, recommendations and other acts agreed upon and
signed by the plenipotentiaries attending the conference. It is not the treaty itself and does not require the
concurrence of the Senate (Tanada vs. Angara, 272 SCRA 18)

TREATY EXECUTIVE
AGREEMENT
basic political issues; adjustment of details
changes of national carrying out
established
policies national policies

permanent temporary
international arrangements
Agreements

Subject to ratification
Do not need to be
by 2/3 of the Senate
ratified by the
Senate
NATIONALITY AND STATELESSNESS

Doctrine of Effective Nationality

a person having more than one nationality shall be treated as if he had only one – either 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 (Frivaldo v. COMELEC, 174 SCRA 245)

Statelessness
condition or status of an individual who is born without any nationality or who loses his nationality without
retaining or acquiring another

Consequence of Stateless
any wrong suffered by him through the act or omission of a state would be damnum absque injuria for in
theory no state has been offended and no international delict committed

Treatment of Stateless Individual

international conventions provide that stateless individuals are to be treated more or less like the
subjects of a foreign state

Reintegration
recovery of nationality by individuals who are natural born citizens of a state
TREATMENT OF ALIENS

Flowing from its right to existence and as an attribute of sovereignty, no State is under obligation to
admit aliens. The State can determine in what cases and under what conditions it may admit aliens

Deportation
Expulsion of an alien considered undesirable by local state, usually but not necessarily to his own state

Reconduction
Forcible conveying of aliens back to their home state without any formalities

Doctrine of State Responsibility

State may be held liable for injuries and damages sustained by the alien while in the territory of the state
provided:
• The act or omission constitutes an international delinquency
• The act or omission is directly or indirectly imputable to the state; and
• The injury to the claimant state indirectly because of damage to its national
A state is under obligation to make reparation to another state for the failure to fulfill its primary obligation
to afford, in accordance with international law, the proper protection due to an alien who is a national of the latter
State

Conditions required for the enforcement of the Doctrine of State Responsibility

• the injured alien must exhaust all local remedies
• he must have presented in the international court for damages by his own state

Individual should be a national from the time of the injury to the recovery of the claim
The right of protection arises only when there is a genuine link between the claimant state and the individual

Measure of damages
Injury suffered by the claimant state and not the injury suffered by its own national

Doctrine of indelible allegiance

An individual may be compelled to retain his original nationality notwithstanding that he has already
renounced/forfeited it under the laws of a second state whose nationality he has acquired
Direct State Responsibility

Where the international delinquency was committed by superior government individuals or organs like
the chief of state or the national legislature, liability will attach immediately as their acts may not be effectively
prevented or reversed under the constitution or laws of the statute

Indirect State Responsibility

Where 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 Justice

An alien living in a foreign country is entitled under international law to a certain standard of treatment. If
the conduct or behavior of a State towards an alien living within its territory falls below the minimum international
standard, the State violates international law and incurs international responsibility. The treatment of an alien, in
order to constitute an international delinquency, should amount to an outrage, to bad faith, to willful neglect of
duty or to an insufficiency of governmental action so far short of international standards that every reasonable
and impartial man would readily recognize its insufficiency.

Calvo clause
Stipulation frequently inserted in contracts where nationals of another state renounce any claim upon his
national state for protection
• but such waiver can be legally made only by alien’s state
Deportation
The removal of an alien out of the country, simply because his presence is deemed inconsistent with the
public welfare and without any punishment being imposed or contemplated, either under the laws of the country
out of which he is sent, or under those of the country to which he is taken

Exclusion
- denial of entry to an alien

Refugees
Requisites:
• those who are outside the country of his nationality or if stateless, outside the country of his habitual
residence;
• lacks national protection; and
• fears persecution

Non-refoulement
Prohibits a state to return or expel a refugee to the territory where he escaped because his life or
freedom is threatened. The state is under obligation to grant temporary asylum

Diplomatic Asylum
refuge in diplomatic premises

Political Asylum
Refuge in another state for political offense, danger to life or no assurance of due process

INTERNATIONAL DISPUTE
Actual disagreement between states regarding the conduct to be taken by one of them for the protection or
vindication of the interest of the other
Art 33 of the UN Charter provides that the parties to any dispute shall first seek a solution through pacific or
amicable methods

Classes of disputes
• legal – if it involves justiciable rights based on law and fact
• political – if it cannot be decided by an international arbitral or judicial tribunal under the rules of
international law
Intervention
Act by which state interferes with domestic or foreign affairs of another state through the use of force or
threat of force

When intervention is sanctioned:

• as an act of self-defense
• when decreed by the Security Council as a preventive or enforcement action for the maintenance of
international peace and security
• when such action is agreed upon in a treaty; or
• when requested from fellow states of from the United Nations by the parties to a dispute or a state beset
by rebellion

Drago Doctrine
Intervention not allowed for the purpose of making the state pay its public debts

Peaceful Settlement of Disputes Between States

Diplomatic methods of dispute settlement

• Negotiations
Legal and orderly administrative process by which governments, in the exercise of their unquestionable
powers, conduct their relations with one another and discuss, adjust and settle their differences
 • Good offices
A third party attempts to bring the disputing states together in order to enable them to discuss the issues in
contention and arrive at an agreement
• Mediation
A third party does not merely provide the opportunity for the antagonists to negotiate but also actively
participates in their discussions in order to reconcile their conflicting claims and appease their feelings of
resentment
• Fact-finding and inquiry
Establishment of facts involved in a dispute and the clarification of the issues in order that their elucidation
might contribute to its settlement
• Conciliation
Process of settling disputes by referring them to commissions or other international bodies, usually consisting
of persons designated by agreement between the parties to the conflict whose task is to elucidate the facts and
make a report containing proposals, for a settlement, which however, have no binding character
• Reference to regional organizations
• reference to UN Security Council

Legal Methods of dispute settlement

• Adjudication
• The International Court of Justice
• Arbitration
Solution of a dispute by an impartial third party, usually a tribunal created by the parties themselves under a
charter known as the compromis, which will provide for, among others, the composition of the body and the
manner of the selection of its members, its rules of proceedings and sometimes even the law to be applied by it,
and the issues of fact or law to be resolved

Unlike conciliation, the proceedings are essentially judicial and the award is binding on the parties to the
dispute
Forcible Measures Short of War

• Severance of diplomatic relations

Withdrawal of diplomatic representation, but not the severance of consular relations
• Retorsions
Consists of an unfriendly, but not internationally illegal act of one State against another in retaliation for the
latter’s unfriendly or inequitable conduct. It is resorted to by States usually in cases of unfair treatment of their
citizens abroad
• Reprisals
Any kind of forcible or coercive measures whereby one State seeks to exercise a deterrent effect or to obtain
redress or satisfaction, directly or indirectly, for the consequences of the illegal acts of another State, which has
refused to make amends for such illegal conduct
• Embargo
Forcible detention of the vessels of the offending state or of its nationals which happened to be lying in the
ports of the injured or aggrieved State or were seized in the high seas, or even within the territorial waters of the
offending State
• Non-intercourse
Consists of the suspension of all commercial intercourse with a State
• Boycott
Modern form of reprisal which consists of a concerted suspension of trade and business relations with the
nationals of the offending State
• Pacific blockade
Naval operation carried out in time of peace whereby a State prevents access to or exit from particular ports or
portions of the coast of another State for the purpose of compelling the latter to yield to certain demands made
upon it by the blockading State

How disputes are brought to the Security Council

 • By a member of the UN, whether or not it is a party to the dispute
• By a state which is not a member of the UN, provided that it is a party to the dispute and accepts in
advance, for the purposes of the disputes, the obligations of pacific settlement provided in the charter
• By the General Assembly, which ‘may call the attention of the Security Council to situations which are
likely to endanger international peace and security’
• By the Secretary General, who ‘may bring to the attention of the Security Council any matter which in his
opinion may threaten the maintenance of international peace and security’
However, a state, the General Assembly or the Sec-Gen can only request the Security Council to consider a
dispute; it is for the Security Council to decide whether to accede to that request by placing the dispute on its
agenda.

THE USE OF FORCE IN INTERNATIONAL RELATIONS

War
Sustained struggle by armed forces of a certain intensity between groups of certain size, consisting of
individuals who are armed, who wear distinctive insignia and who are subjected to military discipline under
responsible command

Article 2 (4) of the United Nations Charter

All members shall refrain in their international relations from the threat or use of force against the
territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of
the UN

Circumstances when the use of force allowed

In case of individual or collective self-defense
• Permitted only while the Security Council has not taken the necessary measures to maintain or restore
international peace and security

In pursuance of a decision or recommendation of the Security Council to take forcible action against an
aggressor

Limitations on the exercise of the right of self-defense

• be in response to an armed attack
• meet immediacy requirement
• be of necessity
• meet the proportionality requirement

Collective Self-Defense
One state may not defend another state unless that other state claims to be (and is) the victim of an
armed attack and asks the first state to defend it
Commencement of war
• with the declaration of war
• with the rejection of an ultimatum
• with the commission of an act of force regarded by at least one of the parties as an act of war

Effects of the Outbreak of War

• The laws of peace cease to regulate the relations of the belligerents and are superseded by the laws of
war
• Diplomatic and consular relations between the belligerents are terminated, and their respective
representatives are allowed to return to their own countries
• Treaties of political nature, such as treaties of alliance, are automatically cancelled, but those which are
precisely intended to operate during war, such as one regulating the conduct of hostilities, are activated
• Enemy public property found in the territory of other belligerent at the outbreak of the hostilities is, with
certain exceptions, subject to confiscation. Enemy private property may be sequestered, subject to return
or reimbursement after the war in accordance with the treaty of peace

Basic Principles of War

 • Principle of Military necessity
Belligerents may employ any amount and kind of force to compel the complete submission of the enemy with
the least possible loss of lives, time and money
• Principle of Humanity
Prohibits the use of any measure that is not absolutely necessary for purposes of war; and
• Principle of Chivalry
Basis of such rules as those that require belligerents to give proper warning before launching a bombardment
or prohibit the use of perfidy (treachery) in the conduct of hostilities

Rights of a Prisoner of War

• to be treated humanely
• not subject to torture
• allowed to communicate with his family
• receive food, clothing, religious article, medicine
• bare minimum of information
• keep personal belongings
• proper burial
• group according to nationality
• establishment of an information bureau
• repatriation for the sick and wounded
(1949 Geneva Convention)

Termination of War
• simple cessation of hostilities
• conclusion of a negotiated treaty of peace
• defeat of one belligerents

BUSH doctrine
Refers to the set of revised foreign policies adopted by the President of the United States George W.
Bush in the wake of the September 11, 2001 terrorist attacks.

Salient elements:
• Preemption – a policy of pre-emptive war, should the US or its allies be threatened by terrorists or by
rogue states that are engaged in the production of weapons of mass destruction
• Unilateralism – the right of the US to pursue unilateral military action when acceptable multi-lateral
solutions cannot be found
• Strength beyond challenge – US intends to take actions as necessary to continue its status as the world’s
sole military superpower

Extending democracy, liberty and security to all regions

NEUTRALITY
Condition of state that does not take part directly or indirectly, in war between other states

Duties of Neutral States

• to abstain from taking part in the hostilities and from giving assistance to either belligerent
• to prevent its territory from being used by the belligerents in the conduct of hostilities
• to acquiesce in certain restrictions and limitations that the belligerents may find necessary to impose,
especially in connection with international commerce

Duties of Belligerents
• to respect the status of the neutral state
• to avoid any act that will directly or indirectly involve it in their conflict and submitting to any lawful
measure it may take to maintain or protect its neutrality
Right of Angary
Right of a belligerent to requisition and use, subject to certain conditions, or even to destroy in case of
necessity, neutral property found in its territory. This right does not derive from the law of neutrality but from the
law of war
3 conditions
• There must be an urgent need for the property in connection with the war
• The property is within the territory or jurisdiction of the belligerent
• Compensation must be paid to its owner

NEUTRALITY NEUTRALIZATION
dependent on result of treaty
attitude wherein
of neutral state, duration and other
which
is free to join conditions are
either of agreed
belligerents any upon by neutralized
time it
sees fit state and other
states

governed by laws governed by

of
nation neutralization
agreement

obtains only intended to operate

during war in
times of peace and
war

INTERNATIONAL CRIMINAL COURT

The first ever permanent, treaty based, international criminal court established to promote the rule of law
and ensure that the gravest international crimes do not go unpunished
Seat: The Hague, Netherlands
Crimes cognizable
• The crime of genocide
• Crimes against humanity
• War crimes
• The crime of aggression