UST GN 2011 Political Law Proper

THE CONSTITUTION
POLITICAL LAW A. THE CONSTITUTION DEFINITION, NATURE AND CONCEPTS Q: What is Political Law? A: It is that branch of public law which deals with the organization and operations of the governmental organs of the State and defines its relations with the inhabitants of the territory. (People v. Perfecto, G.R. No. L18463, October 4, 1922 ) Q: What is th sco! o" !olitical law? A: 1. 2. 3. !. #. $. &. Political law Constitutional law dministrative law "aw on municipal corporations "aw on public officers %lection laws Public international law is th 2. the words used in the Constitution must be given their ordinary meaning e.cept where technical terms are employed. R$t#o le.#" et $!#1$ - where there is ambiguity( the words of the Constitution should be interpreted in
)ANN* +O*CE ,I-OTEA./ALU*UT )ANN* +O*CE ,I-OTEA./ALU*UT
Q: What Co#stit$tio#?
A: 'he Constitution is the basic and paramount law to which all other laws must conform and to which all persons( including the highest officials( must defer. (Cru , Co!"t#tut#o!$l L$%, 1998 e&., p. 4 ) Q: How is th classi"i %? A: Phili!!i# Co#stit$tio#
It is classified as written( 198+ Phili!!i# Co#stit$tio#
enacted and rigid. ('rt. ()**, Co!"t#tut#o!) Q: Wh # %i% th ta& "" ct?
A: It too) effect on *ebruary 2( 1+,&( which was the date of the plebiscite. (,e Leo! v. -".uerr$, G.R. No. L+8/09, 'u.. 31, 198+) Q: How sho$l% th Co#stit$tio# ' i#t (!( t %? A : 1. )erb$ le.#" - whenever possible( Phili!!i#
Fa cult ad d e Der e cho C
THE CONSTITUTION
accordance with the intent of the framers. 3. 2t 1$.#" v$le$t 3u$1 pere$t the Constitution has to be interpreted as a whole. (4r$!c#"co v. 5R, G.R. No. 16/261, Nov. 1/, 2//3)
Q: I# cas o" %o$'t, how sho$l% th Co#stit$tio# ' co#st($ %? A: 'he provisions should be considered self0 e.ecuting4 mandatory rather than directory4 and prospective rather than retroactive. (N$c6ur$, Rev#e%er #! Pol#t#c$l L$%, 2//0 e&., p. 3) Q: What Co#stit$tio#al S$!( 2ac3? is th %oct(i# o"
A: 5nder this doctrine( if a law or contract violates any norm of the Constitution( that law or contract( whether promulgated by the legislative or by the e.ecutive branch or entered into by private persons for private purposes( is null and void and without any force and effect. 'hus( since the Constitution is the fundamental( paramount and supreme law of the nation( it is deemed written in every statute and contract. (7$!#l$ Pr#!ce 5otel v. G8*8, G.R. No. 122106, 4eb. 3, 199+) Q: Stat th l 4al %isti#ctio#s ' tw EDSA 0 a#% 1. #
A:
EDSA EDSA 0 1 by the As to power involved or exercised people %.ercise of the people power of freedom of %.ercise of the speech and of people power of assembly( to petition revolution the government for redress Effect of exercise of the power involved /nly affected the /ffice of the President Judicial %.tra0constitutional.review Intra0constitutional. 'he 'he legitimacy of the resignation of the sitting new government that President that it caused resulted from it and the succession of cannot be the sub1ect the 2P as President are of 1udicial review. sub1ect to 1udicial review. Nature of question involved Presented a Involves legal 3uestions. political 3uestion. /verthrows the whole government
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Q: Is th P o!l i# th Co#stit$tio#?
Pow ( ( co4#i5 %
A: 6People power7 is recognized in the Constitution8 1. 'rt#cle ***, 8ect#o! 4 guarantees the right of the people peaceable to assemble and petition the government for redress of grievances4 2. 'rt#cle )*, 8ect#o! 32 re3uires Congress to pass a law allowing the people to directly propose or re1ect any act or law or part of it passed by congress or a local legislative body4 3. 'rt#cle (***, 8ect#o! 16 provides that the right of the people and their organizations to participate in all levels of social( political( and economic decision0ma)ing shall not be abridged and that the State shall( by law( facilitate the establishment of ade3uate consultation mechanisms4 !. 'rt#cle ()**, 8ect#o! 2 provides that sub1ect to the enactment of an implementing law( the people may directly propose amendments to the Constitution through initiative.
certain rules relative to its administration and defining the electorate ('rt. )*, Le.#"l$t#ve ,ep;t, 'rt. )**, -<ec. ,ep;t, 'rt. )***, =u&#c#$l ,ep;t, 'rt. *(, Co!"t#. Co11#""#o!")
PART S Q: What a( w(itt # Co#stit$tio#? A: 1. Co!"t#tut#o! of 8overe#.!t9 - this refers to the provisions pointing out the modes or procedure in accordance with which formal changes in the Constitution may be made 9'rt. ()**, '1e!&1e!t" or Rev#"#o!") Co!"t#tut#o! of L#bert9 - the series of prescriptionssetting forth the fundamental civil and political rights of the citizens and imposing limitations on the power of the government as a means of securing the en1oyment of those rights 9'rt. ***, :#ll of R#.6t") Co!"t#tut#o! of Gover!1e!t provides for a structure and system of government4 refers to the provisions outlining the organization of the government( enumerating its powers( laying down th th( !a(ts o" a
2.
3.
A-END-ENT RE)ISION Q: Disti#4$ish a2 #%2 #t "(o2 ( 6isio#. A:
AND
9ConCo n>
A-END-ENT Isolated or piecemeal change merely by adding( deleting( or reducing without altering the basic principle involved
RE)ISION revamp or rewriting of the whole instrument altering the substantial entirety of the Constitution
Q: How %o 3o$ % t (2i# wh th ( a !(o!os % cha#4 is a# a2 #%2 #t o( a ( 6isio#? A: 1. >u$!t#t$t#ve te"t - as)s whether the proposed change is so e.tensive in its provisions as to change directly the :substantial entirety; of the Constitution by the deletion or alteration of numerous e.isting provisions. /ne e.amines only the number of provisions affected and does not consider the degree of the change. >u$l#t$t#ve te"t - whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision. 9L$1b#!o v. Co1elec, G.R. No. 1+4103, Oct. 20, 2//6) Co#stit$tio# ' a2 #% %
2.
Q: How 2a3 th o( ( 6is %? A: 1.
Propo"$l a. <y Congress upon a vote of = of all its members acting as Constituent ssembly 9Con ss>
Not : ?hile the substance of the proposals made by each type of Con ss is not sub1ect to 1udicial review( the manner the proposals are made is sub1ect to 1udicial review. Since Con ss owes their e.istence to the Constitution( the courts may determine whether the assembly has acted in accordance with the Constitution.
b. <y Convention
Constitutional
Not : Congress may call a ConCon8 1. <y a vote of 2@3 of all its members4 or 2. <y a ma1ority vote of all its members( submit such 3uestion to the electorate. If Congress( acting as a Con ss( calls for a ConCon but does not provide details for the calling of such ConCon( Congress by e.ercising its ordinary legislative power may supply such details. <ut in so doing( the Congress 9as legislature> should not transgress the resolution of Congress acting as a Con ss. Not : 'he manner of calling a ConCon is sub1ect to 1udicial review because the Constitution has provided for voting re3uirements.
thereon( to e.press their will in a genuine manner. Submission of piece0meal amendments is unconstitutional. ll amendments must be submitted for ratification at one plebiscite only. 'he people have to be given a proper frame of reference in arriving at their decision. (?ole!t#!o v. CO7-L-C, G.R. No. L3410/, Oct. 16, 19+1) a. R.A. 789: INITIATI)E AND REFERENDULAW Q: What is i#itiati6 ? A: It is the power of the people to propose amendments to the Constitution or to propose and enact legislation. Q: What a( th th( i#itiati6 $#% ( R.A. 789:? A : A: Plebiscite may be held on the same day as regular election (Go! $le" v. CO7-L-C, G.R. No. L28196, Nov. 9, 196+), provided the people are sufficiently informed of the amendments to be voted upon( to conscientiously deliberate ;9< &i#%s o"
Not : Choice of which Con ss or ConCon should initiate amendments and revisions is left to the discretion of Congress. In other words( it is a political 3uestion. Congress( as a Con ss and the ConCon has no power to appropriate money for their e.penses. Aoney may be spent from the treasury only pursuant to an appropriation made by law.
c.
<y People;s Initiative upon a petition of at least 12B of the total number of registered voters( of which every legislative district must be represented by 3B of the registered voters therein.
Not : 'he Constitution may be amended not oftener than every # years through initiative. Cevisions through Initiative. cannot be done
2.
R$t#f#c$t#o! @ mendments or revisions to the Constitution should be ratified by the ma1ority in a plebiscite which should be held not earlier than $D days nor later than +D days after the approval of such amendment. Doct(i# o" P(o! (
Q: What is th S$'2issio#?
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1.
*!#t#$t#ve o! t6e Co!"t#tut#o!Erefers to a petition proposing amendments to the Constitution *!#t#$t#ve o! "t$tute"Erefers to a petition to enact a national legislation *!#t#$t#ve o! loc$l le.#"l$t#o!Erefers to a petition proposing to enact a regional( provincial( municipal( city( or barangay law( resolution or ordinance (8ect#o! 2 A$B, R.'. 6+30)
2.
3.
Not : Section 2 9b> of C. . $&3# provides for8 1. *!&#rect *!#t#$t#ve0 e.ercise of initiative by the people through a proposition sent to Congress or the local legislative body for action 2. ,#rect *!#t#$t#ve0 the people themselves filed the petition with the C/A%"%C and not with Congress.
Q: What is th ($l o# Local i#itiati6 ? A: In case of8 1. utonomous regions 0 not less than 2(DDD registered voters 2. Provinces and Cities - not less than 1(DDD registered voters 3. Aunicipalities - not less than 1DD registered voters !. <arangays - not less than #D may file a petition with the Cegional ssembly or local legislative body( respectively( proposing the adoption( enactment( repeal( or amendment( of any law( ordinance or resolution. (8ec. 13 R' 6+30 )
UNI)ERSIT*
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Q: What a( i#itiati6 ? A : 1. 2.
th
li2itatio#s o# Local
measures( the enactment of which is specifically vested in Congress by the Constitution( cannot be sub1ect to referendum until +D
3. the
'he power of local initiative shall not be e.ercised more than once a year4 Initiative shall e.tend only to sub1ects or matters which are within the legal matters which are within the legal powers of the local legislative bodies to enact4 and If any time before the initiative is held( local legislative body shall adopt #! toto the proposition presented( the initiative shall be cancelled. Fowever( those against such action may if they so desire( apply for initiative.
Q: Is th i#itiati6 to cha#4 Co#stit$tio# a!!lica'l to ( 6isio#?
th
A: Go. n initiative to change the Constitution applies only to an amendment. Cevision broadly implies a change that alters basic principle in the Constitution li)e altering the principle of separation of powers or the system of chec)s and balance. 'he initiative of the petitioners is a revision and not merely an amendment. (L$1b#!o v". CO7-L-C, G.R. No. 1+4103, 20 October 2//6) Q: What ( " ( #%$2? is
A: It is the power of the electorate to approve or re1ect legislation through an election called for that purpose. Q: What a( th two ;1< class s o" ( " ( #%$2? A: 1. Refere!&u1 o! 8t$tute"0 refers to a petition to approve or re1ect a law( or part thereof( passed by Congress 2. Refere!&u1 o! Loc$l L$w0 refers to a petition to approve or re1ect a law( resolution or ordinance enacted by regional assemblies and local legislative bodies.
be sub1ect
Not s: 'he following cannot of an initiative or referendum8 1.
Petition embracing more than one sub1ect shall be submitted to the electorate Statutes involving emergency
2.
days after their effectivity. (8ec. 1/ R' 6+30)
G8*8, G.R. 122106, 4eb. 3, 199+)
Q: Co2!a( a#% %i"" ( #tiat th co#c !ts a#% !(oc ss s o" i#itiati6 "(o2 ( " ( #%$2. A:
INITIATI)E 'he power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the LOCAL INITIATI)E 'he legal process whereby the registered voters of a local government unit may directly propose( enact( or amend any ordinance (8ec. 12/) LOCAL REFERENDU- legal 'he process whereby the registered voters of the local government units may approve( amend or re1ect any ordinance enacted by the Sanggunian (8ec. 126) REFERENDU'he power of the legislation through an election called for the purpose. (8ec. 3, R.'. No. 6+30 A1989B)
SELF=E>ECUTIN, AND NON=SELF= E>ECUTIN, Q: What co#stit$tio#al !(o6isio#s co#si% ( % S l"=E? c$ti#4 a#% No#=S l"= E? c$ti#4? a(
A: 'he following provisions of the Constitution are considered as self0e.ecuting8 1. Provisions in the <ill of Cights on arrests( searches and seizures( the rights of a person under custodial investigation( the rights of an accused( and the privilege against self0 incrimination( 2. *undamental rights of life( liberty and the protection of property( 3. Provisions forbidding the ta)ing or damaging of property for public use without 1ust compensation. >PN: constitutional provision is not self0 e.ecuting where it merely announces a policy and its language empowers the "egislature to prescribe the means by which the policy shall be carried into effect8 1. rticle II on HIeclaration of Principles and State PoliciesH 2. rticle JIII on HSocial Kustice and Fuman Cights(H 3. rticle JI2 on H%ducation Science and 'echnology( rts( Culture end SportsH (7$!#l$ Pr#!ce 5otel v.
GENERAL CONSIDERATIONS
/. ,ENERAL CONSIDERATIONS NATIONAL TERRITOR* Q: What T ((ito(3? is DOCTRINE Q: What is a# A(chi! la4ic Stat ? A: It is a state constituted wholly by one or more archipelagos and may include other islands.
A: 'erritory is the fi.ed portion of the surface of the %arth inhabited by the people of the State. s an element of a State( it is an area over which a state has effective control. Q: What co2!(is s th Phili!!i# t ((ito(3? A: 1. ?6e P6#l#pp#!e $rc6#pel$.o - that body of water studded with islands which is delineated in the 'reaty of Paris( as amended by the 'reaty of ?ashington and the 'reaty with Lreat <ritain.
CONSISTS OF a. 'errestrial b. *luvial c. erial Iomains INCLUDIN, ITS a. 'erritorial Sea b. Seabed c. Subsoil d. Insular shelves e. /ther Submarine areas
2.
'll ot6er terr#tor#e" over %6#c6 t6e P6#l#pp#!e" 6$" "overe#.!t9 or Cur#"&#ct#o! - includes any territory that presently belongs or might in the future belong to the Philippines through any of the accepted international modes of ac3uiring territory. th co2!o# #ts o" o$(
Q: What a( Natio#al T ((ito(3 ? A : 1. 2. 3.
'errestrial Iomain Aaritime Iomain erial Iomain
Not : C. . +#22 which was approved by President rroyo on Aarch 1D( 2DD+ amended certain provisions of C. . 3D!$( as amended by C. . #!!$ and defined the archipelagic baselines of the Philippines.
ARCHIPELA,IC
GENERAL CONSIDERATIONS
Q: What is th A(chi! la4ic Doct(i# a#% wh ( is it "o$#% i# th 0@A8 Phili!!i# Co#stit$tio#? A: It is defined as all waters( around between and connecting different islands belonging to the Philippine rchipelago( irrespective of their width or dimension( are necessary appurtenances of its land territory( forming an integral part of the national or inland waters( sub1ect to the e.clusive sovereignty of the Philippines. It is found in the 2 the 1+,& Constitution.
nd
form part of the archipelago and are thus considered as internal waters.
Q: Is th S!(atl3s ,(o$! o" Isla#%s ;S,I< !a(t o" th Phili!!i# A(chi! la4o?
sentence of
rticle 1 of
Q: What %o s th 2!hasi5 ?
A(chi! la4ic Doct(i#
A: It emphasizes the unity of the land and waters by defining an archipelago as group of islands surrounded by waters or a body of waters studded with islands.
Not : 'o emphasize unity( an imaginary single baseline is drawn around the islands by 1oining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of its territory.
Q: What a( A(chi! la4ic Doct(i# ?
th
!$(!os s o"
th
A: 'he following the rchipelagic Ioctrine8 1. 2. 3.
are
the purposes of
'erritorial Integrity Gational Security %conomic reasons
Not : 'he main purpose of the archipelagic doctrine is to protect the territorial interests of an archipelago( that is( to protect the territorial integrity of the archipelago. ?ithout it( there would be 6poc)ets of high seas7 between some of our islands and islets( thus foreign vessels would be able to pass through these 6poc)ets of seas7 and would have no 1urisdiction over them. ccordingly( if we follow the old rule of international law( it is possible that between islands( e.g. <ohol and Si3ui1or( due to the more than 2! mile distance between the 2 islands( there may be high seas. 'hus( foreign vessels may 1ust enter anytime at will( posing danger to the security of the State. Fowever( applying the doctrine( even these bodies of water within the baseline( regardless of breadth(
A: Go. It is too far to be included within the archipelagic lines encircling the internal waters of Philippine rchipelago. Fowever( the SLI is part of the Philippine territory because it was discovered by a *ilipino seaman in the name of 2ice0 dmiral Cloma who later renounced his claim over it in favor of the Cepublic of the Philippines. Subse3uently( then Pres. Aarcos issued a Presidential Iecree constituting SLI as part of the Philippine territory and sending some of our armed forces to protect said island and maintain our sovereignty over it. Q: Do 3o$ co#si% ( th S!(atl3s 4(o$! o" Isla#%s as !a(t o" o$( Natio#al T ((ito(3? A: Mes. rticle I of the Constitution provides8 6?6e !$t#o!$l terr#tor9 co1pr#"e" t6e P6#l#pp#!e $rc6#pel$.o, < < <, $!& $ll ot6er terr#tor#e" over %6#c6 t6e P6#l#pp#!e" 6$" "overe#.!t9 or Cur#"&#ct#o!, < < <.D 'he Spratlys Lroup of islands falls under the second phrase 6and all other territories over which the Philippines has sovereignty or 1urisdiction7. It is part of our national territory because Philippines e.ercise sovereignty 9through election of public officials> over Spratlys Lroup of Islands. DOCTRINE OF STATE I--UNIT* Q: What is th I22$#it3? Doct(i# o" Stat
A: Mes. 'his doctrine also applies to foreign government because of the sovereign e3uality of all the state. ccordingly( immunity is en1oyed by other States( consonant with the public international law principle of p$r #! p$re1 !o! 6$bet #1per#u1. 'he head of State( who is deemed the personification of the State( is inviolable( and thus( en1oys immunity from suit. (=287'G P6#l#pp#!e" v. NLRC, G.R. No. 1/8813, ,ece1ber 10, 1994) Q: Ca# th Stat wai6 its i22$#it3? A: Mes( e.pressly or impliedly. 1. -<pre"" consent of the State may be manifested through general or special law.
Not : Solicitor Leneral cannot validly waive immunity from suit. /nly the Congress can (Republ#c v. Pur#"#1$, G.R. No. L36/84, 'u..31, 19++).
2.
*1pl#e& consent is given when the State itself commences litigation or when it enters into a contract. 'here is an implied consent when the state enters into a business contract. (28 v. Ru# , G.R. No. L30640 7$9 22, 1980)
Not : 'his absolute. rule is not
A: 5nder this doctrine( the State cannot be sued without its consent. (8ec. 3, 'rt. ()*, 198+ Co!"t#tut#o! ) Q: What is th 'asis o" th Stat i22$#it3? %oct(i# o"
Q: Do all co#t(acts #t ( % i#to '3 th 4o6 (#2 #t o! (at as a wai6 ( o" its #o#= s$a'ilit3? A: Go. Iistinction must still be made between one which is e.ecuted in the e.ercise of its sovereign function and another which is done in its proprietary capacity. State may be said to have descended to the level of an individual and can this be deemed to have actually given its consent to be sued only when it enters into business contracts. It does not apply where the contract relates to the e.ercise of its sovereign functions. (,ep$rt1e!t of '.r#culture v". NLRC G.R. No. 1/4269, Nove1ber 11, 1993) Q: Wh # is a s$it co#si% ( % as s$it a4ai#st th Stat ? A :
A: It reflects nothing less than recognition of the sovereign character of the State and an e.press affirmation of the unwritten rule effectively insulating it from the 1urisdiction of courts. It is based on the very essence of sovereignty. (,ep$rt1e!t of '.r#culture v. NLRC, G.R. No. 1/4269, Nove1ber 11, 1993)
Not : 'here can be no legal right against the authority which ma)es the law on which the right depends (Republ#c v". )#ll$"or, GRN L 3/6+1, Nove1ber 28, 19+3). Fowever( it may be sued if it gives consent( whether e.press or implied.
Q: Do s this %oct(i# "o( i4# 4o6 (#2 #t?
a!!l3 as w ll to
1. 2. 3.
?hen the Cepublic is sued by name4 ?hen the suit is against an unincorporated government agency4 ?hen the suit is on its face against a government officer but the case is such
that ultimate liability will belong not to the officer but to the government. (Republ#c v. 8$!&ov$l, G.R. No. 846/+, 7$r. 19, 1993) Q: P titio# (s s$ % th Phili!!i# Natio#al Railwa3s "o( %a2a4 s "o( th % ath o" th i( so# who " ll "(o2 a# o6 (loa% % t(ai# ' lo#4i#4 to th PNR. Th t(ial co$(t %is2iss % th s$it o# th 4(o$#% that th cha(t ( o" th PNR, as a2 #% % '3 P.D No. 8B0 has 2a% th sa2 a 4o6 (#2 #t i#st($2 #talit3, a#% th$s i22$# "(o2 s$it. Is th %is2issal !(o! (? A: Go. 'he correct rule is that not all government entities whether corporate or non0corporate( are immune from suits. Immunity from suit is determined by the character of the ob1ects for which the entity is organized. ?hen the government enters into a commercial business( it abandons its sovereign capacity and is to be treated li)e any other corporation. In this case( the State divested itself of its sovereign capacity when it organized the PGC which is no different from its predecessors( the Aanila Cailroad Company. (7$l$!. v. PNRC, G.R. No. L 4993/, 'u.u"t +, 1980) Q: Disti#4$ish $#i#co(!o(at % 4o6 (#2 #t a4 #c3 ! ("o(2i#4 4o6 (#2 #tal "$#ctio# a#% o# ! ("o(2i#4 !(o!(i ta(3 "$#ctio#s acco(%i#4 to th a!!lica'ilit3 o" th Doct(i# o" Stat I22$#it3. A : U#i#co(!o(at
% ,o6 (#2 #t A4 #c3 P ("o(2i#4 ,o6 (#2 #tal has Immunity been upheld in its favor because its function is governmental or incidental to such function
)ANN* +O*CE ,I-OTEA. /ALU*UT LL/ I PSU SCHOOL OF LAW
U#i#co(!o(at % ,o6 (#2 #t A4 #c3 P ("o(2i#4 P(o!(i ta(3 F$#ctio#s Immunity has not been upheld in its favor whose function was not in pursuit of a necessary function of government but was essentially a business. ('#r ?r$!"port$t#o! Off#ce v. 8pou"e" ,$v#&, G.R. No. 1094/2, 4ebru$r9
Q: What is th R st(icti6 Stat I22$#it3 "(o2 S$it?
Th o(3 o"
A: 'he Cestrictive 'heory of State Immunity means that a State may be said to have descended to the level of an individual and can thus be deemed to have tacitly given its consent
to be sued only when it enters into business contracts. Fowever( the restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign( its commercial activities or economic affairs. It does not apply where the contract relates to the e.ercise of its sovereign functions. (2!#te& 8t$te" v". Ru# , G.R. No. L 30640, 7$9 22, 1980) Q: Wh # is a s$it a4ai#st a !$'lic o""icial % 2 % to ' a s$it a4ai#st th Stat ? A: 'he doctrine of State Immunity from suit applies to complaints filed against public officials for acts done in the performance of their duties within the scope of their authority. ,R: 'he rule is that the suit must be regarded as one against the state where the satisfaction of the 1udgment against the public official concerned will re3uire the state to perform a positive act( such as appropriation of the amount necessary to pay the damages awarded to the plaintiff. >PNs: 'he rule does not apply where8 1. 'he public official is charged in his official capacity for acts that are unlawful and in1urious to the rights of others. Public officials are not e.empt( in their personal capacity( from liability arising from acts committed in bad faith4 or 2. 'he public official is clearly being sued not in his official capacity but in his personal capacity( although the acts complained of may have been committed while he occupied a public position. 9L$!"$!. v". C'( L.C. Go. 1D2$$&( 4ebru$r9 23, 2///>
Q: Th No(th (# L$5o# I((i4atio# A$tho(it3 was sta'lish % '3 a l 4islati6 cha(t ( to st( #4th # th i((i4atio# s3st 2s that s$!!l3 wat ( to "a(2s a#% co22 (cial 4(ow (s i# th a( a. Whil th NLIA is a'l to 4 # (at ( 6 #$ s th(o$4h its o! (atio#s, it ( c i6 s a# a##$al a!!(o!(iatio# "(o2 Co#4( ss. Th NLIA is a$tho(i5 % to C ? (cis all th !ow (s o" a co(!o(atio# $#% ( th Co(!o(atio# Co% .C D$ to a 2iscalc$latio# '3 so2 o" its 2!lo3 s, th ( was a 2assi6 i((i4atio# o6 ("low ca$si#4 a "lash "loo% i# /a((io Da#E (a. A chil% %(ow# % i# th i#ci% #t a#% his !a( #ts #ow "il s$it a4ai#st th NLIA "o( %a2a4 s. -a3 th NLIA 6ali%l3 i#6o& th i22$#it3 o" th Stat "(o2 s$it?
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A: Go. Irrigation is a proprietary function. <esides( the G"I has a 1uridical personality separate and distinct from the government( a suit against it is not a suit against the State. (4o!t$!#ll$ v. 7$l#$1$!, G.R. No". 00963 E 61/40, 4ebru$r9 2+, 1991 ) Since the waiver of the immunity from suit is without 3ualification, the waiver includes an action based on a 3uasi0delict. 9R$9o v". C4* of :ul$c$!. G.R. No. L00904. ,ece1ber 19, 1981) Q: What a( th i2!licatio#s o" this !h(as Fwai6 ( o" i22$#it3 '3 th Stat %o s #ot 2 a# a co#c ssio# o" its lia'ilit3G? A: ?hen the State gives its consent to be sued( all it does is to give the other party an opportunity to show that the State is liable. ccordingly( the phrase that 6waiver of immunity by the State does not mean a concession of liability7 means that by consenting to be sued( the State does not necessarily admit that it is liable. In such a case the State is merely giving the plaintiff a chance to prove that the State is liable but the State retains the right to raise all lawful defenses. 9P6#l#pp#!e RocF *!&u"tr#e", *!c. v. :o$r& of L#3u#&$tor", G.R. No. 84992, ,ece1ber 10, 1989 > Q: Is th ( a#3 %isti#ctio# ' tw s$a'ilit3 a#% lia'ilit3 o" th Stat ? A: Mes. SUA/ILIT* #
,O)ERN-EN T A,ENCIE $. *!corpor$te& $.e!c#e"
SUA/ILIT* test of suability is stated in their charters. If its charter says so( it is suable if the nature suable of their acts is proprietary in nature by right of economic or business relation N may be sued by right of sovereign power( in the e.ercise of sovereign functions N
b. 2!#!corpor$te& .over!1e!t $.e!c#e" c. =ure .e"t#o!#"
&. =ure #1per##
Not : "etters c and d are also considered as nature of acts of State. Acta Jure Imperii Acta Jure Gestionis 'here is no waiver. 'here is waiver of State immunity from suit. 'he State is 'he State entered into acting a in its contract in its sovereign commercial or proprietary governmental capacity. 'he State capacity. descended to the level of
3.
Gover!1e!t - doctrine of State immunity is available4 non0suability of the State is available to the agency even if it is shown that it is engaged not only in government functions but also( as a sideline( or incidentally( in proprietary enterprises.
Iepends on the consent of the State to be sued 'he circumstance that a State is suable does not necessarily mean Q: How a( th lia'iliti s o" th that it is liable.
LIA/ILIT* Iepends on the applicable law and the 'heestablished State can facts never be held liable if it is not suable.
Q: I# what i#sta#c s 2a3 a !$'lic o""ic ( ' s$ % witho$t th Stat Hs co#s #t? A: given its consent.
"ollowi#4 % t (2i# %? A: 1.
Publ#c off#cer" - their acts without or in e.cess of 1urisdiction8 any in1ury caused by him is his own personal liability and cannot be imputed to the State. Gover!1e!t $.e!c#e" - establish whether or not the State( as principal which may ultimately be held liable( has
2.
1. 2. 3.
!.
#.
'o compel him to do an act re3uired by law 'o restrain him from enforcing an act claimed to be unconstitutional 'o compel payment of damages from an already appropriated assurance fund or to refund ta. over0payments from a fund already available for the purpose 'o secure a 1udgment that the officer impleaded may satisfy the 1udgment himself without the State having to do a positive act to assist him ?here the government itself has violated its own laws because the doctrine of State immunity cannot be used to perpetrate an in1ustice
Q: What is th t($ t st i# % t (2i#i#4 wh th ( a s$it a4ai#st a !$'lic o""ic ( is a s$it a4ai#st th Stat ? A: 'he test is that( if a public officer or agency is sued and made liable( the State will have to perform an affirmative act of appropriating the needed amount to satisfy the 1udgment. If the State does so( then( it is a suit against the State. Q: Is 4a(#ish2 #t o" 4o6 (#2 #t "$#%s allow %? A : ,R: Go. ?hether the money is deposited by way of general or special deposit( they remain government funds and are not sub1ect to garnishment. >PN: ?here a law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation( then the money can be garnished.
Not : *unds belonging to government corporations which can sue and be sued that are deposited with a ban) can be garnished. (PN: v. P$b$l$!, G.R. No. L33112, =u!e 10, 19+8)
A: Go. ?hen the government e.propriates property for public use without paying 1ust compensation( it cannot invo)e its immunity from the suit. /therwise( the right guaranteed in Section +( rticle III of the 1+,& Constitution that
If the local legislative authority refuses to enact a law appropriating the money 1udgment rendered by the court( the winning party may file a petition for 1$!&$1u" to compel the legislative authority to enact a law (7u!#c#p$l#t9 of 7$F$t# v. C', G.R. No". 8989899, Oct.1, 199/) Q: Ca# th ,o6 (#2 #t ' 2a% to !a3 i#t ( st i# 2o# 3 E$%42 #ts a4ai#st it? A : , R: Go. >PN s: 1. %minent domain 2. %rroneous collection of ta.es 3. ?here government agrees pay interest pursuant to law.
to
Q: A !(o! (t3 ow# ( "il % a# actio# %i( ctl3 i# co$(t a4ai#st th R !$'lic o" th Phili!!i# s s &i#4 !a32 #t "o( a !a(c l o" la#% which th #atio#al 4o6 (#2 #t $tili5 % "o( a (oa% wi% #i#4 !(oE ct. Ca# th 4o6 (#2 #t i#6o& th %oct(i# o" #o#=s$ita'ilit3 o" th stat ?
private property shall not be ta)en for public use without 1ust compensation will be rendered nugatory. (7#!#"ter#o v". Court of 4#r"t *!"t$!ce, L 31630, 'u.u"t 31, 19+1)
Not : In the view of the new Constitution( the Philippines is not only a representative or republican state but also shares some aspects of direct democracy such as 6initiative and referendum7.
PRINCIPLES AND POLICIES Q: A( th !(o6isio#s i# A(ticl Go. <y its II s l"= title(
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Fa cult ad d e Der e cho C ivi l
? c$ti#4? A:
very
rticle II of the Constitution is a 6declaration of principles and state policies.7 Fowever( principles in rticle II are not intended to be self0e.ecuting principles ready for enforcement through the courts. 'hey are used by the 1udiciary as aids or as guides in the e.ercise of its power of 1udicial review( and by the legislature in its enactment of laws. (?o!&o 7e&#c$l v. C', G.R. No. 16+324, =ul9 1+, 2//+)
Not : s a general rule( these provisions are non0 self0e.ecuting. <ut a provision that is complete in itself( and provides sufficient rules for the e.ercise of rights( is self0e.ecuting. 'hus( certain provisions in rt. II are self0e.ecuting( one of which is that provided in Section 1$( rt. II( 6?6e 8t$te "6$ll protect $!& $&v$!ce t6e r#.6t of t6e people to $ b$l$!ce& $!& 6e$lt6ful ecolo.9 #! $ccor& %#t6 t6e r69t61 $!& 6$r1o!9 of !$ture.7 (Opo"$ v. 4$ctor$!, G.R. No. 1/1/83, =ul9, 3/, 1993)
Q: What is a R !$'lica# Stat ? A: It is a state wherein all government authority emanates from the people and is e.ercised by representatives chosen by the people. (,#""e!t#!. Op#!#o! of =. Pu!o, G.R. No. 148334, =$!u$r9 21, 2//4 $!& :er!$" Pr#1er, 2//6 -&#t#o!) Q: What a( o" R !$'lica#is2 ? A: 'he following of Cepublicanism8 th 2a#i" statio#s
are
the
manifestations
1. /urs is a government of laws and not of men. 2. Cule of Aa1ority 9Plurality in elections> 3. ccountability of public officials !. <ill of Cights #. "egislature cannot pass irrepealable laws 6. Separation of powers
Q: What %o Co#stit$tio#al A$tho(ita(ia#is 2?
3o$
$#% (sta#%
'3 A :
:.
Sci #c a#% T ch#olo43
A: Constitutional authoritarianism as understood and practiced in the Aarcos regime under the 1+&3 constitution was the assumption of e.traordinary powers by the President( including legislative and 1udicial and even constituent powers. Q: Is co#stit$tio#al a$tho(ita(ia#is2 co2!ati'l with a ( !$'lica# stat ? A. Mes( if the Constitution upon which the %.ecutive bases his assumption of power is a legitimate e.pression of the people;s will and if the %.ecutive who assumes power received his office through a valid election by the people. (:er!$" Pr#1er, 2//6 -&#t#o!)
Not : 'he essence of republicanism is representation and renovation( the selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf( serving for a limited period only( after which they are replaced or retained at the option of their principal.
1. 8ect#o! 14, 'rt#cle (*** of t6e Co!"t#tut#o! provides8 H'he State shall protect wor)ing
Q: What is th Stat !olic3 ( 4a(%i#4 wa(? A: 'he State renounces war as an instrument of national policy. (8ec. 2, 'rt. **, 198+ Co!"t#tut#o!) Q: Do s th Phili!!i# s ( #o$#c
% " #si6 wa(? A. Go( because it is duty bound to defend its citizens. 5nder the Constitution( the prime duty of the government is to serve and protect the people.
Not : 'he 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( e3uality( 1ustice( freedom( cooperation( and amity with all nations. (8ect#o! 2, 'rt#cle **, 198+ Co!"t#tut#o! )
Q: What a( th !olici s o" th Stat o# th "ollowi#4? 0. Wo(&i#4 2 # 1. Ecolo43 9. Th 3 s32'ols o" stat hoo% B. C$lt$(al 2i#o(iti s
women by providing safe and healthful wor)ing conditions( ta)ing into account their maternal functions( and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.H 2. 8ect#o! 16, 'rt#cle ** of t6e Co!"t#tut#o! provides8 'he State shall protect and advance the right of the people and their posterity to a balanced and healthful %C/"/LM in accord with the rhythm and harmony of nature.H 8ect#o! 1, 'rt#cle ()** of t6e Co!"t#tut#o! provides8 H'he *lag of the Philippines shall be red( white( and blue( with a sun and three stars( as consecrated and honored by the people and recognized by law.H 8ect#o! 2, 'rt#cle ()* of t6e Co!"t#tut#o! states8 6'he Congress may by law( adopt a new name for the country( a national anthem( or a national seal( which shall all be truly reflective and symbolic of the ideals( history( and traditions of the people. Such law shall ta)e effect only upon its ratification by the people in a national referendum.H !. 8ect#o! 22, 'rt#cle ** of t6e Co!"t#tut#o! provides8 'he State recognizes and promotes the rights of indigenous cultural communities within the framewor) of national unity and development.H 8ect#o! 0, 'rt#cle (** of t6e Co!"t#tut#o! reads8 6'he State( sub1ect to the provisions of this Constitution and national development policies and programs( shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic( social and cultural well0being. 'he Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and e.tent of the ancestral domains.H 8ect#o! 6, 'rt. (*** of t6e Co!"t#tut#o! provides8 6'he State shall apply the principles of agrarian reform or stewardship( whenever applicable in accordance with law( in the disposition or utilization of other natural resources(
3.
including lands of the public domain under lease or concession suitable to agriculture( sub1ect to prior rights( homestead rights of small settlers( and the rights of indigenous communities to their ancestral lands. 'he State may resettle landless farmers and farm wor)ers in its own agricultural estates which shall be distributed to them in the manner provided by law.H 8ect#o! 1+, 'rt#cle (*) of t6e Co!"t#tut#o! states8 H'he State shall recognize( respect and protect the rights of indigenous cultural communities to preserve and develop their cultures( traditions( and institutions. It shall consider these rights in the formulation of national plans and policies.H #. 8ect#o! 1+, 'rt#cle ** of t6e Co!"t#tut#o! provides8 H'he State shall give priority to %ducation( Science and 'echnology( rts( Culture and Sports to foster patriotism and nationalism( accelerate social progress( and promote total human liberation and development.H 8ect#o! 14, 'rt#cle (** of t6e Co!"t#tut#o! reads in part8 H'he sustained development of a reservoir of national talents consisting of *ilipino scientists( entrepreneurs( professionals( managers( high0level technical manpower and s)illed wor)ers and craftsmen shall be promoted by the State. 'he State shall encourage appropriate technology and regulate its transfer for the national benefit. 8ub"ect#o! 2, 8ect#o! 3, 'rt#cle (*) of t6e Co!"t#tut#o! states8 H'hey 9educational institutions> shall inculcate patriotism and nationalism( foster love of humanity( respect for human rights( appreciation of the role of national heroes in the historical development of the country( teach the rights and duties of citizenship( strengthen ethical and spiritual values( develop moral character and personal discipline( encourage critical and creative thin)ing( broaden scientific and technological )nowledge( and promote vocational efficiency.H 8ect#o! 1/, 'rt#cle (*) of t6e Co!"t#tut#o! declares8 HScience and 'echnology are essential for national development and progress. 'he State shall give priority to
ACADE-ICS CHAIR: "%S'%C K M )ICE CHAIRS FOR ACADE-ICS: O F%GCM C. A%GI/Q
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research and development( invention( innovation( and their utilization4 and to science and technology education( training( services. It shall support indigenous( appropriate( and self0reliant scientific and cultural capabilities( and their application to the countryRs productive systems and national life.H 8ect#o! 11, 'rt#cle (*) of t6e Co!"t#tut#o! provides8 H'he Congress may provide for incentives( including ta. deductions( to encourage private participation in programs of basic and applied scientific research. Scholarships( grants0in0aid or other forms of Incentives shall be provided to deserving science students( researchers( scientists( investors( technologists( and specially gifted citizens.H 8ect#o! 12, 'rt#cle (*) of t6e Co!"t#tut#o! reads8 6'he State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage widest participation of private groups( local governments( and community0based organizations in the generation and utilization of science and technology.H
) CHAIR FOR AD-INISTRATION AND FINANCE8 K%
G%""% C.
Q: Do s th 0@A8 Co#stit$tio# !(o6i% "o( a !olic3 o" t(a#s!a( #c3 i# 2att (s o" !$'lic co#c (#? A: Mes( the 1+,& Constitution provides for a policy of transparency in matters of public interest: 1. 8ect#o! 28, 'rt#cle ** of t6e 198+ Co!"t#tut#o! provides8 HSub1ect to reasonable conditions prescribed by law( the State adopts and implements a policy of full disclosure of all its transactions involving public interest(H 2. 8ect#o! +, 'rt#cle *** states8 H'he right of the people to information on matters of public concern shall be recognized( access to official records( and to documents( and papers pertaining to official acts( transactions( or decisions( as well as to government research data used as basis for policy development( shall be afforded the citizen( sub1ect to such limitations as may be provided by law.H 3. 8ect#o! 2/, 'rt#cle )* reads8 H'he records and boo)s of account of the Congress shall
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be preserved and be open to the public in accordance with law( and such boo)s shall be audited by the Commission on udit which shall publish annually an itemized list of amounts paid to and e.penses incurred for each member.H !. 8ect#o! 1+, 'rt#cle (* provides8 sworn statement of assets( liabilities and net worth of the President( the 2ice0 President( the Aembers of the Cabinet( the Congress( the Supreme Court( the Constitutional Commission and other constitutional offices( and officers of the armed forces with general or flag ran) filed upon their assumption of office shall be disclosed to the public in the manner provided by law. #. 8ect#o! 21, 'rt#cle (** declares8 HInformation on foreign loans obtained or guaranteed by the government shall be made available to the public.H
Not : 'hese provisions on public disclosures are intended to enhance the role of the citizenry in governmental decision0ma)ing as well as in chec)ing abuse in government. ()$l1o!te v". :el1o!te, G.R. No. +493/, 4eb. 13, 1989)
A: 'he civilian authority is( at all times( supreme over the military.
Q: What is I#co(!o(atio#?
th
Doct(i#
o"
A: It means that the rules of International law form part of the law of the land and no legislative action is re3uired to ma)e them applicable in a country. <y this doctrine( the Philippines is bound by generally accepted principles of international law( which are considered to be automatically part of our own laws. (?$G$&$ v. '!.$r$, G.R. No. 118290, 7$9 2, 199+) Q: What is th li2itatio#? Doct(i# o" A$to=
A: It is the doctrine where the Philippines adhere to principles of international law as a limitation to the e.ercise of its sovereignty.
Not : 'he fact that the international law has been made part of the law of the land does not by any means imply the primacy of international law over national law in the municipal sphere. (P6#l#p 7orr#", *!c. v. C', G.R. No. 91332, =ul9 16, 1993)
Q: What is 2 a#t '3 th Ci6ilia# S$!( 2ac 3?
!(i#ci!l
o"
Q: How is ci6ilia# s$!( 2ac3 #s$( %? A: 1. <y the installation of the President( the highest civilian authority( as the commander0 in0chief of all the armed forces of the Philippines. (8ec. 18, 'rt. )**, 198+ Co!"t#tut#o!) 2. 'hrough the re3uirement that members of the *P swear to uphold and defend the Constitution( which is the fundamental law of civil government. (8ec. 0A1B, 'rt. ()*, 198+ Co!"t#tut#o!) Q: Ca# a ! (so# a6oi% th ( #%itio# o" 2ilita(3 s (6ic s to % " #% th Stat ? A: Go. /ne cannot avoid compulsory military service by invo)ing one;s religious convictions or by saying that he has a sic) father and several brothers and sisters to support. ccordingly( the duty of government to defend the State cannot be performed e.cept through an army. 'o leave the organization of an army to the will of the citizens would be to ma)e this duty to the Lovernment e.cusable should there be no sufficient men who volunteer to enlist therein. 'he right of the Lovernment to re3uire compulsory military service is a conse3uence of its duty to defend the State and is reciprocal with its duty to defend the life( liberty( and property of the citizen.7 (People v. Ho"$, G.R. No. L4089293, =ul9 13, 1938). Q: What a( th !(o6isio#s o" th Co#stit$tio# that s$!!o(t th !(i#ci!l o" s !a(atio# o" Ch$(ch a#% Stat ? A: 1. 2. 'he non0establishment clause. (8ec. 0 of 'rt. ***) Sectoral representation in the Fouse of Cepresentatives. 2arious sectors may be represented e.cept the religious sector. (P$r. 2, 8ec. 0 of 'rt. )*) Celigious groups shall not be registered as political parties. (P$r. 0, 8ec. 2, 'rt. *(C, 198+ Co!"t#tut#o!)
3.
Not : %.ceptions to the above0mentioned rule are the following provisons 8 1. Churches( parsonages( etc. actually( directly and e.clusively used for religious purposes shall be e.empt from ta.ation. ('rt#cle )*, 8ect#o! 28A3B)4 ?hen priest( preacher( minister or dignitary is assigned to the armed forces( or any penal
2.
institution or government orphanage or leprosarium( public money may be paid to them ('rt#cle )*, 8ect#o! 29 A2B)I 3. /ptional religious instruction for public elementary and high school students ('rt#cle (*), 8ect#o! 3 A3B)I !. *ilipino ownership re3uirement for education institutions( e.cept those established by religious groups and mission boards ('rt#cle (*), 8ect#o! 4 A2B).
-"cr#tor, '.7. No. P /21601, =u!e 22, 2//6> Q: What a( acco22o%atio# ? (cis clai2? th that th( ( s$lts &i#%s o" "(o2 "(
Q: What is th A!!(oach?
St(ict S !a(atio#ist
A: 5nder this approach( the establishment clause was meant to protect the State from the church( and the State;s hostility towards religion allows no interaction between the two. (-"tr$&$ v. -"cr#tor, '.7. No. P/21601, =u!e 22, 2//6) Q: What is th A!!(oach? St(ict N $t(alit3
A: It is not hostile in religion( but it is strict in holding that religion may not be used as a basis for classification for purposes of governmental action( whether the action confers rights or privileges or imposes duties or obligations. /nly secular criteria may be the basis of government action. It does not permit( much less re3uire accommodation of secular programs to religious belief. (-"tr$&$ v. -"cr#tor, '.7. No. P/21601, =u!e 22, 2//6) Q: What is th th o(3 o" / # 6ol #t
N $t(alit3? A: 5nder this theory the 6wall of separation7 is meant to protect the church from the State. It believes that with respect to governmental actions( accommodation of religion may be allowed( not to promote the government;s favored form of religion( but to allow individuals and groups to e.ercise their religion without hindrance. (-"tr$&$ v. -"cr#tor, '.7. No. P/2 1601, =u!e 22, 2//6) Q: What th o(3 is a!!li % i# th Phili!!i# s? A: In the Philippine conte.t( the Court categorically ruled that( 6the *ilipino people( in adopting the Constitution( manifested their adherence to the benevolent neutrality approach that re3uires accommodations in interpreting the religion clauses. 9-"tr$&$ v.
ACADE-ICS CHAIR: "%S'%C K M " G %. *"/C%S II )ICE CHAIRS FOR ACADE-ICS: O C%G K/M ,. S <5L/ P K/FG F%GCM C. A%GI/Q FOR A*=OUT AND D ESI,N : % C" 8"K /5I% A. A S"C )ICE CHAIRS HAIR FOR AL D-INISTRATION AND FINANCE % G%""% C. %% M 'F%%G C. A C'IG%Q
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A: 'hose which are8 1. *ound to be constitutionally compelled( #.e. re3uired by the *ree %.ercise Clause 9mandatory>( 2. Iiscretionary or legislative( #.e. not re3uired by the *ree %.ercise Clause 9permissive>( 3. Prohibited by the religion clauses 9prohibited>.
Not : <ased on the foregoing( and after holding that the Philippine Constitution upholds the benevolent neutrality doctrine which allows for accommodation( the Court laid down the rule that in dealing with cases involving purely conduct based on religious belief( it shall adopt the "tr#ctco1pell#!. 8t$te #!tere"t te"t because it is most in line with the benevolent neutrality0accommodation.
A: In essence( separation of powers means the legislation belongs to Congress( e.ecution to the e.ecutive( settlement of legal controversies to the 1udiciary. %ach is therefore prevented from invading the domain of the others. Q: What is th !ow (s? !$(!os o" s !a(atio# o"
Q: What is Acco22o%atio#?
-a#%ato(3
A: 'his is based on the premise that when religious conscience conflicts with a government obligation or prohibition( the government sometimes may have to give way. 'his accommodation occurs when all three conditions of the compelling State interest test are met. Q: What is Acco22o%atio#? P (2issi6
A: It means that the State may( but is not re3uired to( accommodate religious interests. Q: What is Acco22o%atio#? P(ohi'it %
A: 'his results when the Court finds no basis for a mandatory accommodation( or it determines that the legislative accommodation runs afoul of the establishment or the free e.ercise clause. In this case( the Court finds that establishment concerns prevail over potential accommodation interests.
Not : 'he purpose of accommodations is to remove a burden on( or facilitate the e.ercise of( a person;s or institution;s religions.
SEPARATION OF POWERS Q: What is S !a(atio# o" Pow (s? th Doct(i# o"
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A: 'o prevent the concentration of authority in one person or group of persons that might lead to irreparable error or abuse in its e.ercise to the detriment of republican institutions. 'he purpose was not to avoid friction( but( by means of the inevitable friction incident to the distribution of governmental powers among the three departments( to save the people from autocracy. 1. 'o secure action 2. 'o forestall over0action 3. 'o prevent despotism !. 'o obtain efficiency Q: What a( th !ow (s 6 st % i# th th( '(a#ch s o" 4o6 (#2 #t? A : E? c$ti6
Imple0 mentation of laws (Po%er of t6e "%or&)
A: Go( because that would be violative of the principle of separation of powers. 'he principle
L 4islati6 Aa)ing of laws (Po%er of t6e pur"e)
+$%icia(3 Interpretation of laws (Po%er of Cu&#c#$l rev#e%)
Not : "egislative power is given to the "egislature whose members hold office for a fi.ed term ('rt. )*, 8ec.1)4 e.ecutive power is given to a separate %.ecutive who holds office for a fi.ed term ('rt. )**, 8ec.1)4 and 1udicial power is held by an independent Kudiciary. ('rt. )***, 8ec.1)
Q: A 4(o$! o" losi#4 liti4a#ts i# a cas % ci% % '3 th SC "il % a co2!lai#t ' "o( th O2'$%s2a# cha(4i#4 th +$stic s with &#owi#4l3 a#% % li' (at l3 ( #% (i#4 a# $#E$st % cisio# i# $tt ( 6iolatio# o" th ! #al laws o" th la#%. Ca# th O2'$%s2a# 6ali%l3 ta& co4#i5a#c o" th cas ? A: Go. Pursuant to the principle of separation of powers( the correctness of the decisions of the SC as final arbiter of all 1usticiable disputes is conclusive upon all other departments of the government4 the /mbudsman has no power to review the decisions of the SC by entertaining a complaint against the Kustices of the SC for )nowingly rendering an un1ust decision. (*! reJ L$uret$, G.R. No. L68630, 7$9 14, 198+) Q: -a3 th RTC o( a#3 co$(t !(ohi'it a co22itt o" th S #at li& th /l$ Ri''o# Co22itt "(o2 ( I$i(i#4 a ! (so# to a!! a( ' "o( it wh # it is co#%$cti#4 i#6 sti4atio# i# ai% o" l 4islatio#?
essentially means that legislation belongs to Congress( e.ecution to the %.ecutive and settlement of legal controversies to the Kudiciary. %ach is prevented from invading the domain of the others. 98e!$te :lue R#bbo! Co11#ttee v. 7$C$&uco!, G.R. No. 136+6/, =ul9 29, 2//3> Q: What is th Pow (s? !(i#ci!l o" /l #%i#4 o"
A: It is an instance when powers are not confined e.clusively within one department but are assigned to or shared by several departments. %.amples of the blending of powers are the following8 1. Power of appointment which can be e.ercised by each department and be rightfully e.ercised by each department over its own administrative personnel4 Leneral ppropriations "aw - President prepares the budget which serves as the basis of the bill adopted by Congress4 mnesty granted by the President re3uires the concurrence of the ma1ority of all the members of the Congress4 and C/A%"%C does not deputize law0 enforcement agencies and instrumentalities of the government for the purpose of ensuring free( orderly( honest( peaceful and credible elections alone 9consent of the President is re3uired>
2. 3. !.
CHECJS AND /ALANCES Q: What is th /ala#c s? A: It !(i#ci!l allows o" Ch c&s a#% one department
to resist encroachments upon its prerogatives or to rectify mista)es or e.cesses committed by the other departments. Q: How %o s th two '(a#ch s? A:
E>ECUTI)E CHECJ +$%icia( 3 its po%er 1. 'hrough of p$r&o!( it may set aside 'hrough its the 1udgment of the veto power 1udiciary. 2. lso by po%er of $ppo#!t1e!t - power to appoint members of the Kudiciary. L 4islati6
E? c$ti6
Ch c& th
oth (
Q: How %o s L 4islat$( oth ( two '(a#ch s? A:
ch c& th
LE,ISLATI)E CHECJ E? c$ti6 +$%icia( 1. /verride Cevo)e or3 amend the the veto of the decisions by either8 President 1. %nacting a new 2. Ce1ect 2. mending the law old certain law( giving it appointments certain made by definition and the president interpretation different the old 3. Cevo)e 3. from Impeachment of the SC proclamation members of martial law or suspension of the writ of habeas corpus !. Impeachment !. Iefine( prescribe( apportion 1urisdiction of lower courts8 a. Prescribe the 3ualifications of lower court 1udges b. Impeachment #. Ietermine the salaries of the president or vice president
public official rests solely in the e.ecutive department4 the legislature cannot delegate a power@duty to the SC to investigate the conduct and behavior of e.ecutive officials otherwise( it would be unconstitutional as per violation of the doctrine of separation of powers. (NobleC$" v. ?ee6$!Fee, G.R. No. L28+9/, 'pr. 29, 1968) 'he first and safest criterion to determine whether a given power has been validly e.ercised by a particular department is %6et6er or !ot t6e po%er 6$" bee! co!"t#tut#o!$ll9 co!ferre& upo! t6e &ep$rt1e!t cl$#1#!. #t" e<erc#"e. Fowever( even in the absence of e.press conferment( the e.ercise of the power may be 1ustified under the Ioctrine of Gecessary Implication 0 the grant of e.press power carried with it all other powers that may be reasonably inferred from it.
DELE,ATION OF POWERS Q: Ca# a % l 4at % !ow ( ' ( =% l 4at %?

06 'u.. 31, 1903). 'he right and responsibility to investigate and suspend a
Q: How %o s th +$%icia(3 ch c& th oth ( two '(a#ch s? A :
+UDICIAL CHECJ E? c$ti6 L 4islati6 It may declare 9through the SC as the final arbiter> the acts of both the legislature and e.ecutive as unconstitutional or invalid so long as there is grave abuse
Not : /ften times( due to the principle of separation of powers( the Supreme Court refuses to pass upon the constitutionality of the laws so long as it can use other basis for deciding the case. 'he legislature cannot( upon passing a law which violates a constitutional provision( validate it so as to prevent an attac) thereon in the courts( by a declaration that it shall be so construed as not to violate the constitutional inhibition (-!&e!c#$ v. ,$v#&, G.R. No. L6300
A: ,R: Go. Ielegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own 1udgment and not through the intervening mind of another. >PN: Permissible delegations8 PETAL 1. 2. Ielegation to the People through initiative and referendum. (8ec. 1, 'rt. )*, 198+ Co!"t#tut#o!) Emergency powers delegated by Congress to the President. (8ec. 23, 'rt. )*) 'he conditions for the vesture of emergency powers are the following8 a. b. c. d. 'here must be war or other national emergency 'he delegation is for a limited period only Ielegation is sub1ect to restrictions as Congress may prescribe %mergency powers must be e.ercised to carry a national policy declared by Congress
3.
Congress may delegate Tariff powers to the President. (8ec. 28 (2), 'rt. )*)
Not : 'he 'ariff and Customs Code is the enabling law that grants such powers to the president.
'he power to impose tariffs in the first place is not inherent in the President but arises only from congressional grant. 'hus( it is the prerogative of Congress to impose limitations and restrictions on such powers which do not normally belong to the e.ecutive in the first place. (8out6er! Cro"" Ce1e!t Corpor$t#o! v. P6#l#pp#!e Ce1e!t 7$!uf$ctur#!. Corp., G.R. No. 10804/, 'u.. 3, 2//0)
Not : "%LIS" that will is given
IG2 "II I%"%L 'I/G /* 'I2% P/?%C-If there are gaps prevent its enforcement( delegate the opportunity to
!.
Ielegation to Administrative bodies - also )nown as power of subordinate legislation.

Not : 'his refers to the authority vested by Congress to the administrative bodies to 6fill in the details7 which Congress cannot provide due to lac) of opportunity or competence. Such includes the ma)ing of supplementary rules and regulations. Such have the force and effect of law.
#.
Ielegation to Local Lovernments It is not regarded as a transfer of general legislative power( but rather as the grant of authority to prescribe local regulations.
Not : Congress can only delegate( usually to administrative agencies( Cule0Aa)ing Power.
Q: What a( th two t sts o" 6ali% % l 4atio#? A: 1. Co1plete!e"" ?e"t0 law must be complete in all essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him e.cept to enforce it. 2. 8uff#c#e!t 8t$!&$r& ?e"t0 if law does not spell out in detail the limits of the delegate;s authority( it may be sustained if delegation is made sub1ect to a sufficient standard.
Not : S5**ICI%G' S' GI CI maps out the boundaries of the delegate;s authority and indicating the circumstances under which it is to be pursued and effected 9purpose8 prevent total transference of legislative power>.
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step into the shoes of the legislature and e.ercise discretion in order to repair the omissions.
Q: What is th %isti#ctio# ' tw # th P( si% #tHs a$tho(it3 to % cla( a stat o" #atio#al 2 (4 #c3 a#% h ( a$tho(it3 to ? (cis 2 (4 #c3 !ow (s? A: 'he President;s authority to8
D cla( a Stat o" Natio#al E2 (4 #c3 Lranted by the Constitution( no legitimate ob1ection can be raised. E? (cis E2 (4 #c3 Pow (s Ce3uires a delegation from Congress. (,$v#&, et $l. v. Glor#$ 7$c$p$.$l'rro9o, et $l., G.R. No. 1+1396, 7$9 3, 2//6) Not : Conferment of emergency powers on the President is not mandatory on
FOR-S OF ,O)ERN-ENT Q: What is th th Phili!!i# s? "o(2 o" 4o6 (#2 #t o"
A: 'he Philippines adheres to the presidential system. Q: What is th !(i#ci!al i% #ti"3i#4 " at$( o" a !( si% #tial "o(2 o" 4o6 (#2 #t? A: 'he principal identifying feature of a presidential form of government is embodied in the separation of powers doctrine.
Not : In presidential system( the President is both the head of State and the head of government.
Q: What a( th ss #tial cha(act (istics o" a !a(lia2 #ta(3 "o(2 o" 4o6 (#2 #t? A: 1. 'he members of the government or cabinet or the e.ecutive arm are( as a rule( simultaneously members of the legislature4 2. 'he government or cabinet consisting of the political leaders of the ma1ority party or of a coalition who are also members of the legislature( is in effect a committee of the legislature4 3. 'he government or cabinet has a pyramidal structure at the ape. of which is the Prime Ainister or his e3uivalent4
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!. 'he government or cabinet remains in power only for so long as it en1oys the support of the ma1ority of the legislature4 #. <oth government and legislature are possessed of control devices which each can demand of the other immediate political responsibility. In the hands of the legislature is the vote of non0confidence 9censure> whereby government may be ousted. In the hands of the government is the power to dissolve the legislature and call for new elections. Q: What a( th "$#ctio#s o" th ,o6 (#2 #t? A : 1. Co!"t#tue!t mandatory for the government to perform because they constitute the very bonds of society. 7#!#"tr$!t - intended to promote the welfare( progress and prosperity of the people.
Q: What a( th classi"icatio#s o" 4o6 (#2 #t o# th 'asis o" l 4iti2ac3? A: 1. ,e Cure .over!1e!t. government truly and lawfully established by the Constitution of a State but which having been in the meantime displaced is actually cut off from power or control. ,e f$cto .over!1e!t. government of fact4 one actually e.ercising power and control in the State as opposed to the true and lawful government.
2.
Q: What a( th &i#%s o" a de facto 4o6 (#2 #t? 1433++, 2//1) 4eb. 2/,
2.
Not : Iistinction of function is no longer relevant because the Constitution obligates the State to promote social 1ustice and has repudiated the l$#""e f$#re policy ('CC4' v. 4e&er$t#o! of L$bor 2!#o!", G.R. No. L221484, Nov. 29, 1969). Fowever( in 86#p"#&e *!corpor$te& v. C' (G.R. No. 1433++, 4eb. 2/, 2//1), the nature of the function of the <CI was a factor to determine the locu" "t$!&# of the Lovernment.
Q: Do s th /as s Co#6 (sio# D 6 lo!2 #t A$tho(it3 ;/CDA< ? (cis co#stit$ #t o( 2i#ist(a#t "$#ctio#? A: ?hile public benefit and public welfare( particularly( the promotion of the economic and social development of Central "uzon( may be attributable to the operation of the <CI ( yet it is certain that the functions performed by the <CI are basically proprietary in nature. /ther corporations have been created by government to act as its agents for the realization of its programs( the SSS( LSIS( G ? S and the GI ( to count a few( and yet( the Court has ruled that these entities( although performing functions aimed at promoting public interest and public welfare( are not government0function corporations invested with governmental attributes. It may thus be said that the <CI is not a mere agency of the Lovernment but a corporate body performing proprietary functions. (86#p"#&e *!corpor$te& v. C', G.R. No.
A: 1. ,e f$cto proper - government that gets possession and control of( or usurps( by force or by the voice of the ma1ority( the rightful legal government and maintains itself against the will of the latter4 Gover!1e!t of p$r$1ou!t force - established and maintained by military forces who invade and occupy a territory of the enemy in the course of war4 and *!&epe!&e!t .over!1e!t - established by the inhabitants of the country who rise in insurrection against the parent State. (Kop K#1 C6$1 v. )$l&e ?$! Ke9, G.R. No. L 0, 8ept. 1+, 1940)
2.
3.
C. LE,ISLATI)E DEPART-ENT Q: To what 'o%3 is l 4islati6 !ow ( 6 st %? A: ,R: Congress >PN: Powers reserved to the people by the provision on initiative and referendum. Q: What a( th class s o" l 4islati6 !ow (? A: OD CO 1. Or#.#!$l8 Possessed by the people in their sovereign capacity #.e. initiative and referendum. 2. le.$te&8 Possessed by Congress and other legislative bodies by virtue of the Constitution. 3. !o!"t#tue!t8 'he power to amend or revise the Constitution. !. Or&#!$r98 'he power to pass ordinary laws. Q: What a( th li2itatio#s l 4islati6 !ow ( o" Co#4( ss? A : o# th
citizen of the Phils. the Phils. t least 3# years 2. t least 2# years of of age on the day age on the day of of election. election. 3. ble to read 3. ble to read and and write. write. !. Cesident of !. %.cept the party0list the Phils. for not reps( a registered less than 2 voter in the district in years immediately which he shall be preceding the elected. day of election. #. Cesident thereof for a period of not less than 1 year immediately Term of $ years( office commencing at th 3 years( commencing noon on the 3D day of Kune ne.t at th day following their noon on the 3D of election. Kune ne.t following their election. ?er1 l#1#tJ /nly up to 2 consecutive terms. ?er1 l#1#tJ Go member of Fowever( they may the FoC shall serve more than 3 serve for more than for 2 terms provided consecutive terms. that the terms are 2.
Q: Disc$ss th Co#4( s s. A:
%isI$ali"icatio#s o" 2 2' (s o"
1.
Substantive8 limitations on the content of laws. 2. Procedural8 limitations on the manner of passing laws. 3. Congress cannot pass irrepealable laws. !. Congress( as a general rule( cannot delegate its legislative power.
Not : 'he Congress of the Philippines is a bicameral body composed of a Senate and Fouse of Cepresentatives( the first being considered as the upper house and the second the lower house.
S #at 1. Go Senator shall serve for more than 2 consecutive terms. 2oluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected (8ect#o! 4, 'rt#cle )*). 2. /ne who has been declared by competent authority as insane or incompetent 3. /ne who has been sentenced by final 1udgment for8 a. Subversion4 b. Insurrection4 c. Cebellion4 d. ny offense for which he has
HoR 1. Shall not serve for more than three 93> consecutive terms (8ec. +, 'rt#cle )*).
HOUSES OF CON,RESS Co2!ositio#s, Q$ali"icatio#s a#% T (2s o" O""ic Q: Disc$ss th co2!ositio#, I$ali"icatio#s, a#% t (2 o" o""ic o" 2 2' (s o" Co#4( ss. A:
SENAT E HoR !ompositio n
2. /ne who has been declared by competent authority as insane or incompetent 3. /ne who has been sentenced by final 1udgment for8 a. Subversion4 b. Insurrection4 c. Cebellion4 d. ny offense for which he has
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2! Senators Got more than 9elected at large by 2#D members( unless 3ualified otherwise *ilipino voters> "ualification provided by law. 1. born Gatural0 s Gatural0born citizen 1. of
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LEGISLATIVE DEPARTMENT
penalty of not more than 1, months4 or e. crime involving moral turpitude( unless given plenary pardon or granted amnesty. (8ect#o! 12, :P 881) penalty of not more than 1, months4 or e. crime involving moral turpitude( unless given plenary pardon or granted amnesty. (8ect#o! 12, :P 881)
A:
Dist(ict R !( s #tati6 1. 1. %lected according to legislative district by the constituents of such district4 Aust be a resident of his legislative district for at least 1 year immediately before the election4 %lected personally( by name4 Ioes not lose seat if he@she changes party or 2. affiliation4 In case of vacancy( a special 3. election may be held provided that the vacancy ta)es place at least 1 year before the ne.t election4 district representative is not prevented from running again as a district representative if he@she lost during the previous election4 and change in affiliation within months prior to election does not prevent a district representative from running under his new party. Pa(t3=list R !( s #tati6 %lected nationally with party0list organizations garnering at least 3B of all votes cast for the party0 list system entitled to 1 seat( which is increased according to proportional representation( but is in no way to e.ceed 3 seats per organization4 Go special residency re3uirement4 2oted upon by party or organization. It is only when a party is entitled to representation that it designates who will sit as representative4 !. If he@she changes party or affiliation( loses his seat( in which case he@she will be substituted by another 3ualified person in the party @organization based on the list submitted to the C/A%"%C4 #. In case of vacancy( a substitution will be made within the party( based on the list submitted to the C/A%"%C4 $. party0 list representative cannot sit if he ran and lost in the previous election4 and &. change in affiliation within $ months prior to
2.
Not : 'he term of office prescribed by the Constitution may not be e.tended or shortened by the legislature( but the period during which an officer actually holds the office 9tenure> may be affected by circumstances within or beyond the power of said officer. 'enure may be shorter than the term or it may not e.ist at all. 'hese situations will not change the duration of the term of office.
3. !.
Q: How ca# 2 2' (s o" Co#4( ss ' ( 2o6 % "(o2 th i( ( s! cti6 o""ic s?
#.
A :
SENATORS
%.pulsion by the Senate with the concurrence of 2@3 of all its members. (8ec. 16, p$r. 3, 'rt#cle )*)
-E-/ERS OF THE HOUSE OF REPRESENTATI )ES ;HoR< %.pulsion by the Fouse is with the concurrence of 2@3 of all its members. (8ec. 16, p$r.
$.
Q: Ca# Co#4( ss o( CO-ELEC i2!os a# a%%itio#al I$ali"icatio# "o( ca#%i%at s "o( s #ato(? A: Go. 'he Congress cannot validly amend or otherwise modify these 3ualification standards( as it cannot disregard( evade( or wea)en the force of a constitutional mandate( or alter or enlarge the Constitution 9Cor&or$ v. CO7-L-C, G.R. No. 1+694+, 4eb. 19, 2//94 8oc#$l =u"t#ce 8oc#et9 v. ,,: $!& P,-', G.R No". 10+8+/, 108633, 161608, Nov. 3, 2//8>. Q: What is th ($l o# 6ol$#ta(3 ( #$#ciatio# o" o""ic "o( a#3 l #4th o" ti2 ? A: It shall not be considered as an interruption in the continuity of his service for the full term for which he was elected (8ec. 4, 'rt#cle )*).
&.
LEGISLATIVE DEPARTMENT
Ho$s o" R !( s #tati6 s ;HoR< Q: What is th co2!ositio# o" HoR?
representative under his new party or organization.
DISTRICT REPRESENTATI)ES AND QUESTIONS OF APPORTION-ENT Q: Who a( ( !( s #tati6 s? %ist(ict
t6ere #" $ .ro%t6 #! popul$t#o!. ?6e r$t#o 1$9 t6e! be #!cre$"e&. 4ro1 20/,/// co!"t#tue!t"L1 repre"e!t$t#ve #t 1$9 be re$pport#o!e& to 3//, /// co!"t#tue!t"L1 repre"e!t$t#ve).
A: Iistrict representatives are those who were elected from legislative districts apportioned among the provinces( cities and the Aetropolitan Aanila area. Q: How a( a!!o(tio# %? l 4islati6 %ist(icts
A: "egislative districts are apportioned among the provinces( cities( and the Aetropolitan Aanila area. 'hey are apportioned in accordance with the number of their respect inhabitants and on the basis of a uniform and progressive ratio. (8ect#o! 0, 'rt#cle )*, 198+Co!"t#tut#o!) %ach city with a population of at least 2#D(DDD shall have at least one representative. %ach province shall have at least one representative.
Not : 'he 3uestion of the validity of an apportionment law is a 1usticiable 3uestion. (7$c#$" v. Co1elec, G.R. No. L18684, 8epte1ber 14, 1961)
Q: What a( th co#%itio#s "o( a!!o(tio#2 #t? A: 1. %lected from legislative districts which are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio8 a. 2!#for1 - %very representative of Congress shall represent a territorial unit with more or less 2#D(DDD population. ll the other representatives shall have the same or nearly the same political constituency so much so that their votes will constitute the popular ma1ority. Pro.re""#ve - It must respond to the change in times. 'he number of Fouse representatives must not be so big as to be unwieldy. (Let u" "$9,
b.
2.
%ach legislative district shall comprise contiguous( compact and ad1acent territory. 9'his condition is not absolute> %ach city with a population of at least 2#D(DDD or each province shall at least have one representative. "egislative districts shall be re0 apportioned by Congress within 3 years after the return of each census (8e!$tor '3u#!o *** v. CO7-L-C, G.R. No. 189+93, 'pr#l +, 2/1/.
3.
!.
Not : ,R: 'here must be proportional representation according to the number of their constituents@inhabitants >PN: In one city0one representative@one province0 one representative rule. Not : ?here a town is converted to a highly urbanized city with a population of not less than 2#D( DDD( the creation of a separate congressional district is in )eeping with the one city0one representative@one province0one representative rule. city which has e.ceeded the number of 2#D( DDD inhabitants is entitled to one representative.
Q: What is th ($l ?
( aso# "o( s$ch for of of as
A: 'he underlying principle behind the rule apportionment is the concept of e3uality representation which is a basic principle republicanism. /ne man;s vote should carry much weight as the vote of every other man.
Not : Section # provides that the Fouse shall be composed of not more than 2#D members unless otherwise provided by law. 'hus( Congress itself may by law increase the composition of the FC. (?ob#$" v. 'b$lo"( G.R. No. "0114+83( ,ece1ber 8, 1994) s such( when one of the municipalities of a congressional district is converted to a city large enough to entitle it to one legislative district( the incidental effect is the splitting of district into two. 'he incidental arising of a new district in this manner need not be preceded by a census. (?ob#$" v. 'b$lo"( G.R. No. "0114+83( ,ece1ber 8, 1994)
Q: How sho$l% th 2a% ?
( a!!o(tio#2 #t '
A: Ceapportionment can be made thru a special law. (7$r#$!o( Kr. v". CO7-L-C, G.R. No. 1180++, 7$rc6 +, 1990)
Not : In 7o!teCo v". CO7-L-C, it was held that while concededly the conversion of <iliran into a regular province brought about an imbalance in the distribution of voters and inhabitants in the # districts of "eyte( the issue involves reapportionment of legislative districts( and Petitioner;s remedy lies with Congress. 'his Court cannot itself ma)e the reapportionment as petitioner would want. (7o!teCo v". CO7-L-C G.R. No. 118+/2, 7$rc6 16, 1990 )
A: Go votes cast in favor of political party( organization or coalition shall be valid e.cept for those registered under the party0list system. 1. Pol#t#c$l p$rt9 - organized group of citizens advocating ideology or platform( principles and policies for the general conduct of government and which( as the most immediate means of securing their adoption( regularly
Q: What is , ((32a#% (i#4? Is it allow %? A: Lerrymandering is the formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party. It is not allowed because the Constitution provides that each district shall comprise( as far as practicable( contiguous( compact and ad1acent territory 9:er!$", Rev#e%er #! P6#l#pp#!e Co!"t#tut#o!, p. 186)
PART*=LIST S*STE- Q: Disc$ss th Pa(t3=List S3st 2. A8 Party0list representatives shall constitute 2DB of the total number of representatives in the Fouse of Cepresentatives. (8ec. 0 A2B, 'rt. )*, 198+ Co!"t#tut#o! ) Party0list system is a mechanism of proportional representation in the election of representatives to the FoC from national( regional and sectoral parties or organizations or coalitions thereof registered with the C/A%"%C. free and open party system shall be allowed to evolve according to the free choice of the people. (8ec. 2 A0B, 'rt. *(C, 198+ Co!"t#tut#o!) Political parties registered under the party0list system shall be entitled to appoint poll watchers in accordance with law. (8ec. 8, 'rt. *(C, 198+ Co!"t#tut#o! ) Q: Disc$ss th %i"" ( #t !a(ti s $#% ( th !a(t3= list s3st 2
nominates and supports certain of its leaders and members as candidate in public office (:$9$! 7u!$ v. CO7-L-C, G.R. No. 14+612, =u!e 28, 2//1) 2. N$t#o!$l p$rt9 its constituency is spread over the geographical territory of at least a ma1ority of regions Re.#o!$l p$rt9 its constituency is spread over the geographical territory of at least a ma1ority of the cities and provinces comprising the region 8ector$l p$rt9 organized group of citizens belonging to any of the following sectors8 labor( peasant( fisherfol)( urban poor( indigenous( cultural communities( elderly( handicapped( women( youth( veterans( overseas wor)ers and professionals( whose principal advocacy pertains to the special interest and concerns of their sectors. 8ector$l Or.$!# $t#o! - refers to a group of citizens who share similar physical attributes or characteristics( employment( interest or concerns. Co$l#t#o! refers to an aggregation of duly registered national( regional( sectoral parties or organizations for political and@or election purposes.
3.
!.
#.
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Q: I" o# w ( to a#al35 th Co#stit$tio#al a#% stat$to(3 ?a2!l s o" I$ali"i % !a(ti s, it sho$l% ' 6i% #t that th 3 ( !( s #t what class s? A :
/(oa% D "i#itio # ?or)ing Clas s %conomicall y Ieprived 'he 2ulnerable ?or) Impaired
KNa((ow D "i#itio# "abor
5rban Poor
?omen
Fandi0 Capped
S! ci"icall3 D "i# % ,(o$! Carpenters( security guards( microchip factory wor)ers( barbers(settlers( tricycle Informal the 1obless( persons displaced by domestic wars ?or)ing women( battered women( victims of slavery Ieaf and dumb( the blind( people on wheelchairs (8ep$r$te Op#!#o! of =u"t#ce 'b$&, '!. L$&l$&
No. 19/082, 'pr. 8, 2/1/) Not : /bviously( the level of representation desired by both the Constitution and C. . &+!1 for the party0 list system is the second( the narrow definition of the sector that the law regards as Hmarginalized and underrepresented.H 'he implication of this is that( if any of the sub0groupings 9the carpenters( the security guards( the microchips factory wor)ers( the barbers( the tricycle drivers in the e.ample> within the sector desires to apply for accreditation as a party0list group( it must compete with other sub0 groups for the seat allotted to the Hlabor sectorH in the Fouse of Cepresentatives. 'his is the apparent intent of the Constitution and the law. (8ep$r$te Op#!#o! of =u"t#ce 'b$&, '!. L$&l$& LG:? P$rt9 v. CO7-L-C, G.R. No. 19/082, 'pr. 8, 2/1/)
#.
%.cept for matters the C/A%"%C can ta)e 1udicial notice of( the party applying for accreditation must prove its claims by clear and convincing evidence. (8ep$r$te Op#!#o! of =u"t#ce 'b$&, '!. L$&l$& LG:? P$rt9 v. CO7-L-C, G.R. No. 19/082, 'pr. 8, 2/1/)
Q: Has th A#4 La%la% Pa(t3=List a2!l3 !(o6 % that it 2 ts th ( I$i( 2 #ts "o( s cto(al !a(t3 acc( %itatio#? A: Mes. 'heir members are in the vulnerable class li)e the women and the youth. ng "adlad represents a narrow definition of its class 9"L<'s> rather than a concrete and specific definition of a sub0group within the class 9group of gay beauticians( for e.ample>. 'he people that ng "adlad see)s to represent have a national presence. (8ep$r$te Op#!#o! of =u"t#ce 'b$&, '!. L$&l$& LG:? P$rt9 v. CO7-L-C, G.R. No. 19/082, 'pr. 8, 2/1/) Q: What a( th 4(o$#%s ca#c llatio# o" ( 4ist(atio#? A : 1. 2. ccepting financial contributions from foreign governments or agencies4 and *ailure to obtain at least 1DB of the votes casts in the constituency where the party fielded candidates. ('!. :$.o!. :$9$!#O4M L$bor P$rt9, v. CO7-L-C, G.R. No. 14+089, =u!e 20, 2//3) !. 'he members of the party see)ing accreditation must have an inherent regional or national presence. "o( th
Q: What 4(o$!s a(
%isI$ali"i % "o(
( 4ist(atio#? A8 1. Celigious denominations or sects. 2. 'hose who see) to achieve their goals through violence or unlawful means. 3. 'hose who refuse to uphold and adhere to the Constitution4 and !. 'hose supported by foreign governments ('!. :$.o!. :$9$!#O4M L$bor P$rt9, v. CO7-L-C, G.R. No. 14+089, =u!e 20, 2//3) Q: I# s$2, what a( th ( I$i( 2 #ts "o( a 4(o$! to I$ali"3 "o( s cto(al !a(t3 acc( %itatio#? A: 1. 'he applying party must show that it represents the Hmarginalized and underrepresented(H e.emplified by the wor)ing class( the service class( the economically deprived( the social outcasts( the vulnerable( the wor) impaired( or some such similar class of persons. 'he applying party should be characterized by a shared advocacy for genuine issues affecting basic human rights as these apply to the sector it represents. 'he applying party must share the cause of their sector( narrowly defined as shown above. If such party is a sub0 group within that sector( it must compete with other sub0groups for the seat allocated to their sector.
2.
3.
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Q: Ca# 2aEo( !olitical !a(ti s !a(tici!at i# th !a(t3=list l ctio#s? A: Go. It is not open to all but only to the marginalized and the underrepresented. llowing all individuals and groups( including those which now dominate district elections( to have the same opportunity to participate in the party0list elections would desecrate this lofty ob1ective and mongrelize the social 1ustice mechanism into an atrocious veneer for traditional politics. 9'!. :$.o!. :$9$!#O4M L$bor P$rt9 v. CO7-L-C, G.R. No. 14+089, =u!e 26, 2//1) Q: Who shall ' 6ot %? A: 'he registered national( regional or sectoral party0list groups or organizations and not their candidates. Q: Who a( l ct % i#to o""ic ?
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A: It is the party0list representatives who are elected into office( not their parties or organizations. 'hese representatives are elected( however( through that peculiar party0 list system that the Constitution authorized and that Congress by law established where the voters cast their votes for the organizations or parties to which such party0 list representatives belong. ('b$9o! v. 5R-?, G.R. No. 189466, 4eb. 11, 2/1/) Q: What a( th I$ali"icatio#s o" !a(t3=list #o2i# s? A : 1. Gatural0 born citizen of the Philippines 2. Cegistered voter 3. Cesident of the Philippines for at least 1 year immediately preceding the day of the election !. ble to read and write #. :o!$ f#&e member of the party or organization which he see)s to represent at least +D days preceding election day $. t least 2# years of age. 9not more than 3D years old for nominees for youth sector>
Not : 'here is absolutely nothing in C. . &+!1 that prohibits C/A%"%C from disclosing or even publishing through mediums other than the 6Certified "ist7 the names of the party0list nominees. s may be noted( no national security or li)e concerns is involved in the disclosure of the names of the party0list groups in 3uestion (:$!t$9 R' +941 v. CO7-L-C, G.R. No. 1++2+1I G.R. No. 1++314, 7$9 4, 2//+)
Q: Do s th Co#stit$tio# !( cl$% Co#4( ss "(o2 i#c( asi#4 its 2 2' (shi!? A: 'he Constitution does not preclude Congress from increasing its membership by passing a law( other than a general re0 apportionment law. 'hus( a law converting a municipality into a highly urbanized city automatically creates a new legislative district( and conse3uently increases the membership of the FoC (7$r#$!o v. CO7-L-C, G.R No. 1180++, 7$r. +, 1990). Q: What is th "o(2$la 2a#%at % '3 th Co#stit$tio# i# % t (2i#i#4 th #$2' ( o" !a(t3=list ( !( s #tati6 s? A: 'he Fouse of Cepresentatives shall be composed of not more than 2#D members( unless otherwise fi.ed by law. (8ect#o! 0 A1B, 'rt#cle )* of t6e 198+ Co!"t#tut#o!). 'he number of seats available to party0list representatives is based on the8 Catio of party0list representatives to the total number of representatives. ccordingly( we compute the number of seats available to party0list representatives from the number of legislative districts. Gumber of seats
Gumber of
available . D.2D N
seats available to party0list representative s
to legislative districts D.,D
Q: What is th "" ct o" cha#4 o" a""iliatio# a#3 !a(t3=list ( !( s #tati6 ? A: ny elected party0list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat4 provided that if he changes his political party or sectoral affiliation within $ months before an election( he shall not be eligible for nomination as party0list representative under his new party or organization ('1ore" v. 5R-?, G.R. No. 1896//, =u!e 29, 2/1/).
Not : In case of vacancy in the seat reserved for party0list representatives( the vacancy shall be automatically filled by the ne.t representative from the list of nominees in the order submitted to the C/A%"%C by the same
party( organization or coalition( who shall serve for the une.pired term. If the list is e.hausted( the party( organization or coalition concerned shall submit additional nominees.
'his formula allows for the corresponding increase in the number of seats available for party0list representatives whenever a legislative district is created by law. fter prescribing the ratio of the number of party0 list representatives to the total number of representatives( the Constitution left the manner of allocating the seats available to party0list representatives to the wisdom of the legislature. (:'N'? v. CO7-L-C, G.R. No. 1+92+1, 'pr#l 21, 2/ /9) Q: How shall th !a(t3=list ( !( s #tati6 s ats ' allocat %? A: In determining the allocation of seats for party0 list representatives under Section 11 of C. . Go. &+!1( the following procedure shall be observed8
1.
'he parties( organizations( and coalitions shall be ran)ed from the highest to the lowest based on the number of votes they garnered during the elections. 2. 'he parties( organizations( and coalitions receiving at least 2B of the total votes cast for the party0 list system shall be entitled to one guaranteed seat each. 3. 'hose garnering sufficient number of votes( according to the ran)ing in paragraph 1( shall be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated. !. %ach party( organization( or coalition shall be entitled to not more than 3 seats.
Not : In computing the additional seats( the guaranteed seats shall no longer be included because they have already been allocated( at one seat each( to every two percent. 'hus( the remaining available seats for allocation as 6additional seats7 are the ma.imum seats reserved under the party0list system less the guaranteed seats. *ractional seats are disregarded in the absence of a provision in C. . &+!1 allowing for a rounding off of fractional seats. (:'N'? v. CO7-L-C, G.R. No. 1+92+1, 'pr#l 21, 2//9)
AND LE,ISLATI)E PRI)ILE,ES Q: What is "(o2 a(( st? i22$#it3
Q: Is th two !( sc(i' % i# S ctio# 00 ;'< co#stit$tio#al?
! (c #t R.A.
th( shol%
8@B0
A: Go. 'he Court therefore stri)es down the two percent threshold only in relation to the distribution of the additional seats as found in the second clause of Section 11 9b> of C &+!1. 'he two percent threshold presents an unwarranted obstacle to the full implementation of Section #92>( rticle 2I of the Constitution and prevents the attainment of the 6broadest possible representation of party( sectoral or group interests in the Fouse of Cepresentatives7. (:'N'? v. CO7-L-C, G.R. No. 1+92+1, 'pr#l 21, 2//9 ) LE,ISLATI)E PRI)ILE,ES, INHI/ITIONS AND DISQUALIFICATIONS
a. PARLIA-ENTAR* I--UNITIES
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A: "egislators are privileged from arrest while Congress is 6in session7 with respect to offenses punishable by up to $ years of imprisonment. Q: What is th i22$#iti s? !$(!os o" !a(lia2 #ta(3
A: It is not for the benefit of the officials4 rather( it is to protect and support the rights of the people by ensuring that their representatives are doing their 1obs according to the dictates of their conscience. It is indispensable no matter how powerful the offended party is. Q: -a3 a co#4( ss2a# who co22itt % a# o"" #s !$#isha'l "o( #ot 2o( tha# 7 3 a(s, '$t is #ot att #%i#4 s ssio#, ' a(( st %? A: Go. So long as he is an incumbent congressman( and so long as Congress is in session( whether or not he is attending it( he shall be immune from arrest. (People of t6e P6#l#pp#!e" v. =$lo"Co", G.R. No". 1328+0+6, 4ebru$r9 3, 2///). Q: Ca# a s #ato(=law3 ( ' %is'a(( % o( %isci!li# % '3 th S$!( 2 Co$(t "o( stat 2 #ts 2a% %$(i#4 a !(i6il 4 s! ch? A: Go. Indeed( the senator0lawyer;s privilege speech is not actionable criminally or in a disciplinary proceeding under the Cules of Court. 'he Court( however( would be remiss in its duty if it let the Senator;s offensive and disrespectful language that definitely tended to denigrate the institution pass by. It is imperative on the Court;s part to re0instill in Senator@ tty. Santiago her duty to respect courts of 1ustice( especially this 'ribunal( and remind her anew that parliamentary non0accountability thus granted to members of Congress is not to protect them against prosecutions for their own benefit( but to enable them( as the people;s representatives( to perform the functions of their office without fear of being made responsible before the courts or other forums outside the congressional hall. It is intended to protect members of congress against government pressure and intimidation aimed at influencing the decision0ma)ing prerogatives of Congress and its members. (Pobre v. 8e!. ,efe!"or8$!t#$.o, '.C. No. +399, 'u.. 20, 2//9) Q: Is Co#4( ss co#si% ( % i# s ssio# %$(i#4 a ( c ss? A: Go. It is not in session. Iuring a recess( a congressman who has committed an offense
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punishable by not more than years imprisonment may be arrested. Q: Is th ( s a(ch s? i22$#it3 "(o2
$ 2.
session 'hat they must be made in connection with the discharge of official duties.
A: Go. 'he Constitution provides only a privilege from arrest in order to ensure the attendance of Congressmen. Q: What !(i6il 4 ? is l 4islati6
A: Go member shall be 3uestioned or held liable in any forum other than his@her respective Congressional body for any debate or speech in Congress or in any committee thereof. (8ec. 11, 'rt#cle )*I Pobre v. 8e!. 8$!t#$.o, '.C. No, +399, 'u.u"t 20, 2//9) Q: What a( !(i6il 4 ? A : 1. Protection is only against forum other than Congress itself. 'hus( for defamatory remar)s( which are otherwise privileged( a member may be sanctioned by either the Senate or the Fouse as the case may be. 'he 6speech or debate7 must be made in performance of their duties as members of Congress. th li2itatio#s o# l 4islati6
2.
Q: Ca# th Sa#%i4a#'a3a# o(% ( th !( 6 #ti6 s$s! #sio# o" a - 2' ( o" th HoR ' i#4 !(os c$t % c(i2i#all3 "o( th 6iolatio# o" th A#ti=,(a"t a#% Co(($!t P(actic s Act? A: Mes. In P$re&e"( Kr. v. 8$!&#.$!b$9$!( the Court held that the accused cannot validly argue that only his peers in the Fouse of Cepresentatives can suspend him because the court0ordered suspension is a preventive measure that is different and distinct from the suspension ordered by his peers for disorderly behaviour which is a penalty. (P$re&e"( =r. v. 8$!&#.$!b$9$!( GR 118304, 'u.u"t 8, 1990) Q: What a( th two ;1< ( I$i( 2 #ts "o( th !(i6il 4 o" S! ch a#% D 'at to ' a6ail % o"? A : 1. 'hat the remar)s must be made while the legislature or the legislative committee is functioning( that is in
Not : 'o invo)e the privilege of speech( the matter must be oral and must be proven to be indeed privileged.
Q: What %o s s! #co2!ass?
ch o( % 'at
Not : *orfeiture of the seat in Congress shall be automatic upon the member;s assumption of such other office deemed incompatible with his seat in Congress. Fowever( no forfeiture shall ta)e place if the member of Congress holds the other
A: It includes a vote or passage of a resolution( all the utterances made by Congressmen in the performance of their functions such as speeches delivered( statements made( or votes casts in the halls of Congress. It also includes bills introduced in Congress 9whether or not it is in session> and all the other utterances 9made outside or inside the premises of Congress> provided they are made in accordance with a legislative function. (=#1e!e , v. C$b$!.b$!., G.R. No. L 109/0, 'u.u"t 3, 1966)
Not : 'he purpose of the privilege is to insure the effective discharge of functions of Congress. 'he privilege may be abused but it is said that such is not so damaging or detrimental as compared to the denial or withdrawal of such privilege.
Q8 Do s !$'licatio# "all $#% ( th sco! o" s! ch? A: Go( not all the time. 'he same shall be made while Congress is in session and not during its recess. Fowever( if publication is made when Congress is not in session( it is not privileged because Congressman is said to be not acting as congressman. (=#1e!e , v. C$b$!.b$!., G.R. No. L109/0, 'u.u"t 3, 1966)
'. INCO-PATI/LE AND FOR/IDDEN OFFICES Q: What a( th !(ohi'itio#s attach % to a l 4islato( %$(i#4 his t (2? A : 1. *!co1p$t#ble off#ce 6Go senator or member of the Fouse of Cepresentatives may hold any other office or employment in the Lovernment( or any subdivision( agency( or instrumentality thereof( including government owned and controlled corporations or their subsidiaries during his term without forfeiting his seat7 (8ec. 13, 'rt#cle )*, 198+ Co!"t#tut#o!)
government off#c#o capacity.
office
in
an
e<
other ordinary private entities( including GL/s.
2.
4orb#&&e! off#ce Geither shall a senator or a member of the Fouse of Cepresentatives be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. (8ec. 13, 'rt. )*, 198+ Co!"t#tut#o! )
Not : ?ith this( even if the member of the Congress is willing to forfeit his seat therein( he may not be appointed to any office in the government that has been created or the emoluments thereof have been increased during his term. Such a position is forbidden office. 'he purpose is to prevent traffic)ing in public office. 'he provision does elective offices. not apply to
'he appointment of the member of the Congress to the forbidden office is not allowed only during the term for which he was elected( when such office was created or its emoluments were increased. fter such term( and even if the legislator is re0 elected( the dis3ualification no longer applies and he may therefore be appointed to the office.
Q: Whil it is ! ("o(2i#4 h$2a#ita(ia# "$#ctio#s as a# a$?ilia(3 to 4o6 (#2 #t, is th St($ct$( o" th Phili!!i# Natio#al R % C(oss ;PNRC< sui #eneris? A: Mes. Gational Society parta)es of a "u# .e!er#" character. It is a protected component of the Ced Cross movement under rticles 2! and 2$ of the *irst Leneva Convention( especially in times of armed conflict. 'hese provisions re3uire that the staff of a Gational Society shall be respected and protected in all circumstances. Such protection is not ordinarily afforded by an international treaty to ordinary private entities or even non0 governmental organizations 9GL/s>. 'his "u# .e!er#" character is also emphasized by the *ourth Leneva Convention which holds that an /ccupying Power cannot re3uire any change in the personnel or structure of a Gational Society. Gational societies are therefore organizations that are directly regulated by international humanitarian law( in contrast to
)ICE CHAIR FOR AD-INISTRATION AND FINANCE8 ICE CHAIRS FOR LA*=OUT AND DESI,N: % C" "/5I% A. A % G%""% C. "%% )K 'F%%G C. A C'IG%Q
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'he au.iliary status of a Ced Cross Society means that it is at one and the same time a private institution and a public service organization because the very nature of its wor) implies cooperation with the authorities( a lin) with the State. In carrying out their ma1or functions( Ced Cross Societies give their humanitarian support to official bodies( in general having larger resources than the Societies( wor)ing towards comparable ends in a given sector. (L#b$! v. Gor&o!, G. R. No. 1+0302, =$!u$r9 18, 2/11)
c. PARLIA-ENTAR* INHI/ITIONS L DISQUALIFICATIONS Q: What a( th !a(tic$la( attach % to th i( o""ic ? A: 1. 6Personally7 appearing as counsel before any court of 1ustice or before the %lectoral 'ribunals( or 3uasi01udicial or other administrative bodies. (8ec. 14) 5pon assumption of office( must ma)e a full disclosure of financial and business interests. Shall notify the Fouse concerned of a potential conflict in interest that may arise from the filing of a proposed legislation of which they are authors. (8ec. 12, 'rt#cle )*) i#hi'itio#s
2.
Q: What a( th %isI$ali"icatio#s attach % to th i( o""ic a#% wh # a( th 3 a!!lica'l ? A:

APPLICA/ LE WHEN Cannot hold any other Iuring his office or employment in the Lov;t term. If he does or any subdivision( agency so( he forfeits or instrumentality thereof( his seat. (8ec. including L/CCs or their 13, 'rt#cle )*) subsidiaries. (8ec. 13, 'rt#cle )*) If the office was created or the emoluments "egislators cannot thereof be appointed to any office. increased during (8ec. the term for 13, 'rt#cle )*) which he was elected. (8ec. 13, 'rt#cle )*) "egislators cannot personally appear as counsel before Iuring his any court of 1ustice( electoral term of office. tribunal( 3uasi01udicial and administrative bodies. (8ec. DISQUALIFICATION
S C M G
!.
"egislators cannot be financially interested directly or indirectly in any contract with or in any franchise( or special privilege granted by the Lovernment( or any subdivision agency or instrumentality thereof( including the L/CC or its "egislators cannot intervene in any matter before any office of the Lov;t. (8ec. 14, 'rt#cle )*)
Called by the President at any time when Congress is not in session (8ec. 10 of 'rt. )*).
Iuring his term of office.
Q: What is a -a#%ato(3 R c ss? A: mandatory recess is prescribed for the 3D0 day period before the opening of the ne.t regular session( e.cluding Saturdays( Sundays and legal holidays. 'his is the minimum period of recess and may be lengthened by the Congress in its discretion. It may however( be called in special session at any time by the President. (8ec. 10, 'rt. )*) Q: What a( th i#sta#c s wh # Co#4( ss is 6oti#4 s !a(at l3 a#% 6oti#4 Eoi#tl3? A:
S !a(at 1. 2. Choosing 1. the President (8ec. 4, 'rt#cle )**) Ietermining President;s disability (8ec. 11, 'rt#cle )**) Confirming nomination of 2ice0 President (8ec. 9, 'rt#cle 2. )*) Ieclaring the e.istence of a state of war in 1oint session (8ec. 23, 'rt#cle )*) Proposing Constitutional amendments (8ec.
)ICE CHAIRS FOR ACADE-ICS: O F%GCM C. A%GI/Q
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?hen it is for his pecuniary benefit or where he may be called upon to act on account of his office.
Q: A( l 4islato(s ( I$i( % to %isclos th i( ass ts a#% lia'iliti s? A: Mes. public officer or employee shall upon assumption of office and as often thereafter as may be re3uired by law( submit a declaration under oath of his assets( liabilities and net worth. (8ec.12, 'rt. )*)
+oi#t ?hen revo)ing or e.tending the proclamation suspending the privilege of writ of 6$be$" corpu" (8ec. 18, 'rt#cle )**) ?hen revo)ing or e.tending the declaration of martial law (8ec. 18, 'rt#cle )**).
SESSIONS Q: Wh # is th Co#4( ss? ( 4$la( s ssio# o"

3.
A: Congress convenes once every year on th the ! Aonday of Kuly( unless otherwise provided for by law. It continues in session for as long as it sees fit( until 3D days before the opening of the ne.t regular session( e.cluding Saturdays( Sundays( and legal holidays. (8ec. 10, 'rt. )*) Q: What a( th i#sta#c s wh # th ( a( s! cial s ssio#s? A: 1. Iue to vacancies in the offices of the President and 2ice President at 1D o;cloc) a.m. on the third day after the vacancies (8ec. 1/ of 'rt#cle )*) 'o decide on the disability of the President because a ma1ority of all the members of the cabinet have 6disputed7 his assertion that he is able to discharge the powers and duties of his office (8ec. 11 of 'rt#cle )**) 'o revo)e or e.tend the Presidential Proclamation of Aartial "aw or suspension of the privilege of the writ of habeas corpus (8ec. 18 of 'rt. )**)4 and
M " G %.
!.
#.
<5L/ P K/FG
2.
3.
ACADE-ICS CHAIR: "%S'%C K
*"/C%S II
Q: What a( th i#sta#c s wh # Co#4( ss 6ot s oth ( tha# 2aEo(it3? A:

INSTANCES WHEN CON,RESS )OTES 1. 'o suspend or e.pel a member in accordance with its rules and proceedings 2. 'o enter the Meas and nays in the Kournal 3. 'o declare the e.istence of a state of war NU-/ER OF )OTES 2@3 ofREQUIRE all its members (8ec. 16, 'rt#cle )*) 1@# of the members present (8ec. 16 (4), 'rt#cle )*) 2@3 of both houses in 1oint session voting separately (8ec. 23, 'rt#cle )*)
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!. 'o re0pass a bill after Presidential veto
#. 'o determine the President;s disability after submissions by both the Cabinet and the President
2@3 of the Aembers of the Fouse where it originated followed by 2@3 of the Aembers of the of other Fouse 2@3 both Fouses voting separately (8ec. 11, 'rt#cle )*)
Not : In computing 3uorum( members who are outside the country and thus outside of each Fouse;s 1urisdiction are not included.
Q: What is th I$o($2?
"" ct i" th (
is #o
such body the power to pass a law or ordinance or any valid act that is binding. Alt (#ati6 A#sw (: Suorum is based on the proportion between those physically present and the total membership of the body.
Q: What is a%Eo$(#2 #t?
th
($l
o#
A: Geither Fouse during the sessions of the Congress shall( without the consent of the other( ad1ourn for more than 3 days( nor to any other place than that in which the two Fouses shall be sitting. (8ec. 16, 'rt. )*) Q: What is a%Eo$(#2 #t sine die? A: Interval between the session of one Congress and that of another.
INTERNAL ,O)ERN-ENT OF CON,RESS Q: Who a( th o""ic (s o" Co#4( ss? A : 1. Senate President 2. Spea)er of the Fouse 3. Such officers as deemed by each house to be necessary Q: How is %o# ? l ctio# o" o""ic (s l ct %
A: <y a ma1ority vote of all respective members (8ect#o! 16, 'rt. )*).
a. QUORU- Q: What is a I$o($2? A: 3uorum is such number which enables a body to transact its business. It is such number which ma)es a lawful body and gives
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A: In the absence of 3uorum( each Fouse may ad1ourn from day to day and may compel the attendance of absent members in such manner and under such penalties as each Fouse may provide.
Not : 'he members of the Congress cannot compel absent members to attend sessions if the reason of absence is a legitimate one. 'he confinement of a Congressman charged with a non0bailable offense 9more than $ years> is certainly authorized by law and has constitutional foundations (People v. =$lo"Co", G.R. No. 1328+0+6, 4ebru$r9 3, 2///)
'. -A+ORIT* )OTE Q: What %o s 2aEo(it3 6ot 2 a#? A: Aa1ority refers to more than half of the total or aggregate. lthough the Constitution provides that the Spea)er and the Senate President shall be elected by a ma1ority of all members( the Constitution does not provide that those who will not vote for the winner 9by ma1ority vote> are #p"o f$cto the minority who can elect the minority leader. Aa1ority votes pertain only to such number or 3uantity as may be re3uired to elect an aspirant as such. 'here is no indication that by such election( the houses are already divided into the ma1ority camp and the minority camp. Aa1ority vote refers to the political party with the most number of bac)ings4 refer to the party( faction or organization with the most number of votes but not necessarily more than one half 9plurality>. (8$!t#$.o v. Gu#!.o!$, G.R. No. 1340++, Nove1ber 18, 1998) Q: Ca# th co$(ts th i2!l 2 #tatio# o" th Co#4( ss? i#t (6 # i# i#t (#al ($l s o"
A: Go. s part of their inherent power( Congress can determine their own rules. Fence( the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress (O"1eG$ v. Pe!&$tu!, G.R. No L 1+144, October 28, 196/)
Not : Corollary to Congress; power to ma)e rules is the power to ignore the same rules when circumstances so re3uire.
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DISCIPLINE OF -E-/ERS Q: -a3 ach ho$s o" co#4( ss !$#ish its 2 2' (s "o( %iso(% (l3 ' ha6io(? A: Mes. %ach house may punish its members for disorderly behavior and( with concurrence of 2@3 of all its members( suspend( for not more than $D days( or e.pel a member. Q: What is co#t 2!lat % '3 F%iso(% (l3 ' ha6io(?G A: 'he interpretation of the phrase disorderly behavior is the prerogative of the Fouse concerned and cannot be 1udicially reviewed 9O"1eG$ v. Pe!&$tu!, G.R. No. L1+144, Oct. 28, 196/> .
Not : Aembers of Congress may also be suspended by the Sandiganbayan or by the /ffice of the /mbudsman. 'he suspension in the Constitution is different from the suspension prescribed in C 3D1+( nti0Lraft and Corrupt Practices ct. 'he latter is not a penalty but a preliminary preventive measure and is not imposed upon the petitioner for misbehaviour as a member of Congress. (8$!t#$.o v. 8$!&#.$!b$9$!, G.R. No. 128/00, 'pr. 18, 2//1).
A: %ach electoral tribunal shall be the sole 1udge of all contests relating to the election( returns( and 3ualifications of their respective members 98ec. 1+, 'rt. )*, 198+ Co!"t#tut#o!>. 'his includes determining the validity or invalidity of a
ELECTORAL TRI/UNAL AND THE CO--ISSION ON APPOINT-ENTS a. CON,RESSIONAL ELECTORAL TRI/UNAL Q: What is th co2!ositio# l cto(al t(i'$#al ;ET<? A : 1. 2. 3 Supreme Court Kustices designated by the Chief Kustice $ members of the Chamber concerned 9Senate or FoC> chosen on the basis of proportional representation from the political parties and parties registered under the party0list system (8ec. 1+, 'rt. )*). o" th
Not : 'he senior Kustice in the %lectoral 'ribunal shall be its chairman.
Q: What El cto(al T(i'$#al s?
is
th
E$(is%ictio#
o"
th
proclamation declaring candidate as the winner.
particular
Not : 'he electoral tribunal has rule0ma)ing power 9L$ $t#! v. 5R-?, G.R. No. L8429+, ,ec. 8, 1988>. It is independent of the Fouses of Congress and its decisions may be reviewed by the Supreme Court only upon showing of grave abuse of discretion. 'he mere fact that the members of either the Senate or the Fouse sitting on the electoral tribunal are those which are sought to be dis3ualified due to the filing of an election contest against them does not warrant all of them from being dis3ualified from sitting in the %'.
1udge of all contests relating to elections( etc. of members of Congress begins only after a candidate has become a member of the FoC. Since Imelda has not yet been proclaimed( she is not yet a member of the FoC. 'hus( C/A%"%C retains 1urisdiction.
Q: What is a# co#t st?
l ctio#
A: ?here a defeated candidate challenges the 3ualification and claims for himself the seat of the proclaimed winner.
Not : In the absence of an election contest( %' is without 1urisdiction. /nce a winning candidate has been proclaimed( ta)en his oath( and assumed office as a member of the FoC( C/A%"%C;s 1urisdiction over election contests relating to his election( returns( and 3ualification ends( and the FC%';s own 1urisdiction begins. 'he phrase 6election( returns( and 3ualifications7 should be interpreted in its totality as referring to all matters affecting the validity of the contestee;s title. ()#! o!"C6$to v. CO7-L-C, G.R. No. 1+2131, 'pr. 2, 2//+)
Q: I# th a's #c o" l ctio# co#t st, what !ow ( %o s ach Ho$s ha6 o6 ( its 2 2' (s? A: 'he power of each Fouse to e.pel its members or even to defer their oath ta)ing until their 3ualifications are determined may still be e.ercised even without an election contest. Q: I2 l%a (a# "o( HoR. A %isI$ali"icatio# cas was "il % a4ai#st h ( o# acco$#t o" h ( ( si% #c . Th cas was #ot ( sol6 % ' "o( th l ctio#. I2 l%a wo# th l ctio#. How 6 (, sh was #ot !(oclai2 %. I2 l%a #ow I$ stio#s th CO-ELECHs E$(is%ictio# o6 ( th cas . Do s th CO-ELEC ha6 E$(is%ictio# o6 ( th cas ? A: Mes. FC%';s 1urisdiction as the sole
(Ro1u$l&e 7$rco" G.R. No. 1199+6, 8ept. 18, 1990)
v.
CO7-L-C,
a tribunal;s member. 'he members are not supposed to vote along party linesE once appointed. (:o!&oc v. P#!e&$, G.R. No. 9++1/, 8ept. 26, 1991)
Not : member may not be e.pelled by the FoC for party disloyalty short of proof that he has formally affiliated with another political group.
Q: Do s th HRET ha6 a$tho(it3 to !ass $!o# th li4i'iliti s o" th #o2i# s o" th !a(t3=list 4(o$!s that wo# i# th low ( ho$s o" Co#4( ss? A: Mes. <y analogy with the cases of district representatives( once the party or organization of the party0list nominee has been proclaimed and the nominee has ta)en his oath and assumed office as member of the FoC( the C/A%"%C;s 1urisdiction over election contests relating to his 3ualifications ends and the FC%';s own 1urisdiction begins. ('b$9o! v. 5R-?, G.R. No. 189466, 4eb. 11, 2/1/) Q: What a( th 6ali% 4(o$#%s o( E$st ca$s s "o( t (2i#atio# o" 2 2' (shi! to th t(i'$#al? A : 1. %.piration of Congressional term of /ffice 2. Ieath or permanent disability 3. Cesignation from the political party he represents in the tribunal !. *ormal affiliation with another political party #. Cemoval from office for other valid reasons. (:o!&oc v. P#!e&$, G.R. No. 9++1/, 8ept. 26, 1991) Q: R !. Ca2as$(a was a 2 2' ( o" th HRET. Th ( was a# l cto(al co#t st i#6ol6i#4 his !a(t3=2at a#% /o#%oc. Th !a(t3 i#st($ct % hi2 to 6ot "o( his !a(t3=2at . How 6 (, R !. Ca2as$(a cast a co#sci #c 6ot i# /o#%ocHs "a6o(. Th$s, th !a(t3 ?! ll % hi2 "(o2 HRET o# th 4(o$#%s o" %islo3alt3 to th !a(t3 a#% '( ach o" !a(t3 %isci!li# . Was th ?!$lsio# 6ali%? A: Go. S%'@FC%' members are entitled to security of tenure to ensure their impartiality and independence. s 1udge0members of the tribunal( they must be non0partisan( they must discharge their functions with complete detachment4 independence and impartiality( even from the party to which they belong. 'hus( disloyalty to party and breach of party discipline are not valid grounds for e.pelling
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Q: Ca# th s ssio#?
ET 2
t wh # Co#4( ss is #ot i#
A: Mes. 5nli)e the Commission on ppointments( the %' shall meet in accordance with their rules( regardless of whether Congress is in session or not. Q: Is th ( % cisio#? a# a!! al "(o2 th ETHs
A: Go. Sec. 1& of rt. 2I provides that the S%'@FC%' is the sole 1udge of all contests. Fence( from its decision( there is no appeal. ppeal is not a constitutional but merely a statutory right. Q: Is th ( % cisio#? a#3 ( 2 %3 "(o2 its
A: Mes. special civil action for certiorari under Cule $# of the Cules of Court may be filed. 'his is based on grave abuse of discretion amounting to lac) or e.cess of 1urisdiction. 'his will be filed before the Supreme Court.
'. CO--ISSION ON APPOINT-ENTS ;CA< Q: What is th co2!ositio# o" th Co22issio# o# A!!oi#t2 #ts ;CA<? A: 1. Senate President as e<off#c#o chairman 2. 12 Senators 3. 12 members of the FoC (8ec. 18, 'rt. )*)
Not : political party must have at least 2 elected senators for every seat in the Commission on ppointments. 'hus( where there are two or more political parties represented in the Senate( a political party@coalition with a single senator in the Senate cannot constitutionally claim a seat in the Commission on ppointments. It is not mandatory to elect 12 senators to the Commission4 what the Constitution re3uires is that there must be at least a ma1ority of the entire membership. (Gu#!.o!$, =r. v. Go! $le", G.R. No. 1/69+1, October 2/, 1992)
Q: How a( th 01 01 R !( s #tati6 s chos #?
S #ato(s
a#%
A: 'he members of the Commission shall be elected by each Fouse on the basis of proportional representation from the political party and party list. ccordingly( the sense of the Constitution is that the membership in the Commission on ppointment must always reflect political alignments in Congress and must therefore ad1ust to changes. It is understood that such changes in party affiliation must be permanent and not merely temporary alliances (,$ $ v. 8#!."o!, G.R. No. 86344, ,ece1ber 21,
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1989 ). %ndorsement is not sufficient to get a seat in C/ .

Not : 'he provision of Sec. 1,( rt. 2I of the Constitution( on proportional representation is mandatory in character and does not leave any discretion to the ma1ority party in the Senate to disobey or disregard the rule on proportional representation4 otherwise( the party with a ma1ority representation in the Senate or the FoC can by sheer force of numbers impose its will on the hapless minority. <y re3uiring a proportional representation in the C ( Sec. 1, in effect wor)s as a chec) on the ma1ority party in the Senate and helps maintain the balance of power. Go party can claim more than what it is entitled to under such rule (Gu#!.o!$, =r. v. Go! $le", G.R. No. 1/04/9, 7$r.1, 1993).
disapproval by the C or until the ne.t ad1ournment of Congress (8$r1#e!to *** v. 7#"o!, G.R. No. L +99+4, ,ece1ber 1+, 198+) Q: What a( th 2 ti#4s o" th CA? A : 1. 2. Aeetings are held either at the call of the Chairman or a ma1ority of all its members. Since the C is also an independent constitutional body( its rules of procedure are also outside the scope of congressional powers as well as that of the 1udiciary. (:o!&oc v. P#!e&$, G.R. No. 9++1/, 8ept. 26, 1991) 4$i% li# s i# th
Q: What is th E$(is%ictio# o" th CA? A: C shall confirm the appointments by the President with respect to the following positions8 HAPCOO 1. Heads of the %.ecutive departments. 9e.cept if it is the 2ice0 President who is appointed to the post> 2. Ambassadors( other Public ministers or Consul s 3. Officers of the *P from the ran) of colonel or naval captain !. Other officers whose appointments are vested in him by the Constitution 9#.e. C/A%"%C members> (:$ut#"t$ v. 8$lo!.$, G.R. No. 86439, 'pr#l 13, 1989) Q: What a( th ($l s o# 6oti#4? A: 1. 'he C shall rule by a ma1ority vote of all the members. 2. 'he chairman shall only vote in case of tie. 3. 'he C shall act on all appointments within 3D session days from their submission to Congress (8ec. 18, 'rt. )*) Q: What a( th li2itatio#s o# co#"i(2atio#? A: 1. Congress cannot by law prescribe that the appointment of a person to an office created by such law be sub1ect to confirmation by the C .
Not : 'he %' and the C shall be constituted within 3D days after the Senate and the FoC shall have been organized with the election of the Senate President and the Spea)er of the Fouse.
POWERS OF CON,RESS a. LE,ISLATI)E POWER Q: What a( th l 4islati6 !ow (s o"
Co#4( ss? A: 1. Leneral plenary power (8ec. 1, 'rt. )*) 2. Specific power of appropriation 3. 'a.ation and e.propriation !. "egislative investigation #. Suestion hour
2.
ppointments e.tended by the President to the above0mentioned positions while Congress is not in session shall only be effective until
Q: What is L 4islati6 Pow (? A: It is the power or competence of the legislative to propose( enact( ordain( amend@alter( modify( abrogate or repeal laws. It is vested in the Congress which shall consist of a Senate and a Fouse of Cepresentatives( e.cept to the e.tent reserved to the people by the provision on initiative and referendum. Q: What a( th li2itatio#s o" s$ch !ow (? A: 1. S5<S' G'I2%E a. -<pre""J i. <ill of Cights ('rt#cle ***, 198+ Co!"t#tut#o!) ii. /n ppropriations (8ect#o!" 20 $!& 29 p$r$.r$p6" 1 $!& 2, 'rt#cle )*) iii. /n ta.ation (8ect#o!" 28 $!& 29, p$r$.r$p6 3, 'rt#cle )*)
iv. /n Constitutional appellate 1urisdiction of SC (8ect#o! 3/, 'rt#cle )*) v. Go law granting title of royalty or nobility shall be passed (8ect#o! 31, 'rt#cle )*) vi. Go specific funds shall be appropriated or paid for use or benefit of any religion( sect( etc.( e.cept for priests( etc.( assigned to *P( penal institutions( etc. (8ect#o!" 29, p$r$.r$p6 2, 'rt#cle )*) b. *1pl#e&J i. Prohibition against irrepealable laws ii. Gon0delegation of powers 2. PC/C%I5C "E a. /nly one sub1ect( to be stated in the title of the bill (8ec. 26, p$r. 1, 'rt#cle )*) b. 'hree 93> readings on separate days4 printed copies of the bill in its final form distributed to members 3 days before its passage( e.cept if President certifies to its immediate enactment to meet a public calamity or emergency4 upon its last reading( no amendment allowed and the vote thereon ta)en immediately and the yeas and nays entered into the Kournal (8ect#o! 26, p$r$.r$p6 2, 'rt#cle )*) c. ppropriation bills ( revenue bills( tariff bills( bills authorizing the increase of public debt( bills of local application and private bills shall originate e.clusively in the Fouse of Cepresentatives. (8ect#o! 24, 'rt. )*) Q: What is a# a!!(o!(iatio# 'ill? A: It is a bill( the primary and specific aim of which is to appropriate a sum of money from the public treasury.
Not : bill creating a new office( and appropriating funds for it is not an appropriation bill.
a!!licatio#? A: It is one which is limited to specific localities( such as for instance the creation of a town (:er!$" Co11e!t$r9, p. +48, 2//3). Fence( it is
Q: What is a ( 6 #$ 'ill? A: revenue bill is one specifically designed to raise money or revenue through imposition or levy. Q: What is a 'ill o" local
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one involving purely local or municipal matters( li)e a charter of a city. Q: What a( !(i6at 'ills? A: 'hose which affect private persons( such as for instance a bill granting citizenship to a specific foreigner (:er!$" Co11e!t$r9, p.+48, 2//3). Q: How a( !(i6at 'ills ill$st(at %? A: 'hey are illustrated by a bill granting honorary citizenship to a distinguished foreigner (Cru , P6#l#pp#!e Pol#t#c$l L$%, p. 100, 1990).
Not : %very bill shall embrace only one sub1ect( as e.pressed in the title thereof( which does not have to be a complete catalogue of everything stated in the bill. title e.pressing the general sub1ect of the bill and all the provisions of the statute are germane to the general sub1ect is sufficient.
'. POWER OF APPROPRIATION Q: What is th !ow ( o" a!!(o!(iatio#? A: 'he spending power( called the 6power of the purse7 belongs to Congress( sub1ect only to the veto power of the President. It carries with it the power to specify the pro1ect or activity to be funded under the appropriation law. Q: What is a# a!!(o!(iatio# law? A: statute( the primary and specific purpose of which is to authorize release of public funds from the treasury. Q: What is '$%4 t? A: *inancial program of the national government for the designated calendar year( providing for the estimates of receipts of revenues and e.penditures. Q: What a( o" a!!(o!(iatio#s? A: 1. Ge!er$l $ppropr#$t#o! l$% @ passed annually( intended for the financial operations of the entire government during one fiscal period4 8pec#$l $ppropr#$t#o! l$% @ designed for a specific purpose th classi"icatio#s
2.
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Q: Tawi=Tawi is a !( %o2i#a#tl3 -$sli2 !(o6i#c . Th ,o6 (#o(, th )ic = ,o6 (#o(, a#% 2 2' (s o" its $an##unian# %anlalawi#an a( all -$sli2s. Its '$%4 t !(o6i% s th ,o6 (#o( with a c (tai# a2o$#t as his %isc( tio#a(3 "$#%s. R c #tl3, how 6 (, th $an##unian# %anlalawi#an !ass % a ( sol$tio# a!!(o!(iati#4 P0MM,MMM as a s! cial %isc( tio#a(3 "$#% o" th ,o6 (#o(, to ' s! #t '3 hi2 i# l a%i#4 a !il4(i2a4 o" his !(o6i#c 2at s to - cca, Sa$%i A(a'ia, Isla2Ns holi st cit3. Philco#sa, o# co#stit$tio#al 4(o$#%s, has "il % s$it to #$lli"3 th ( sol$tio# o" th Sa#44$#ia#4 Pa#lalawi4a# 4i6i#4 th s! cial %isc( tio#a(3 "$#% to th ,o6 (#o( "o( th stat % !$(!os . How wo$l% 3o$ % ci% th cas ? ,i6 3o$( ( aso#s. A: 'he resolution is unconstitutional. 1.> 4#r"t( it violates rt. 2I( Sec. 2+92> of the Constitution which prohibits the appropriation of public money or property( directly or indirectly( for the use( benefit or support of any system of religion4 2.> 8eco!&( it contravenes rt. 2I( Sec( 2#9$> which limits the appropriation of discretionary funds only for public purposes. 'he use of discretionary funds for purely religious purpose is thus unconstitutional( and the fact that the disbursement is made by resolution of a local legislative body and not by Congress does not ma)e it any less offensive to the Constitution. bove all( the resolution constitutes a clear violation of the Gon0establishment Clause of the Constitution. Q: Who shall !(o!os '$%4 t? th
President may e.ercise his or her veto power. ccordingly( the power of the purse belongs to Congress( sub1ect only to the veto power of the President. 'he President may propose the budget but still the final say on the
A: 'he President shall propose the budget and submit it to Congress. It shall indicate the e.penditures( sources of financing as well as receipts from previous revenues and proposed revenue measures. It will serve as a guide for Congress8 1. 2. In fi.ing the appropriations4 In determining the activities which should be funded. (8ect#o! 22, 'rt. )**)
Not : 'he propose sub1ect is not final. It is sub1ect to the approval of Congress but the
matter of appropriation is lodged in the Congress. (P6#l#pp#!e Co!"t#tut#o! '""oc#$t#o! v. -!r#3ue , G.R. No. 1131/0, 'u.u"t 19, 1994)
political problem 9in3uiries>( discipline of members( etc. Suffice it to say that it is co0 e.tensive with legislative power. 9'r!$ult v. N$ $re!o, G.R. No. L382/, =ul9 18, 190/)
Q8 -a3 Co#4( ss 2o%i"3 th !(o!os % '3 th P( si% #t?
'$%4 t
A8 Mes. Fowever( Congress may only reduce but not increase the budget. Q: -a3 Co#4( ss i#c( as its o$tla3 "o( its l", th +$%icia(3 a#% oth ( Co#stit$tio#al 'o%i s? A: Go( because it is presumed that their needs have already been identified while drafting the budget.
Not : Congress may not decrease the appropriation for the Kudiciary below the amount appropriated for the previous year.
c. LE,ISLATI)E INQUIRIES Q: What %o s S ctio# 10, A(ticl o" th Co#stit$tio# !(o6i% ? )I
A: 'he Senate or the Fouse of Cepresentatives or any of its respective committees may conduct in3uiries in aid of legislation in accordance with its duly published rules of procedure. 'he rights of persons appearing in( or affected by( such in3uiries shall be respected.
Not : FIn aid of legislation7 does not mean that there is pending legislation regarding the sub1ect of the in3uiry. In fact( investigation may be needed for purposes of proposing future legislation. If the stated purpose of the investigation is to determine he e.istence of violations of the law( the investigation is no longer 6in aid of legislation7 but 6in aid or prosecution.7 'his violates the principle of separation of powers and is beyond the scope of Congressional powers.
Q: What is th sco! o" s$'E ct 2att ( o" th !ow ( to co#%$ct i#I$i(i s i# ai% o" l 4islatio#? A: Indefinite. 'he field of legislation is very wide as compared to that of the merican Congress. nd because of such( the field of in3uiry is also very broad. It may cover administrative in3uiries( social( economic(
Not : Investigatorial Power is not absolute4 sub1ect 1udicial review in view of the e.panded power of the court to determine whether there has been grave abuse of discretion amounting to lac) or e.cess of 1urisdiction.
the legislature (Lope v. ,elo" Re9e" G.R. No. L3436,1 Nov. 0, 193/). $. Congress may no longer in3uire into the same 1usticiable controversy already before the court (:e!. o! v. :lue R#bbo! Co11#ttee, G.R. No. 89914, Nov. 2/, 1991)
'he power of in3uiry is an essential and appropriate au.iliary to the legislative action 9'r!$ult v. N$ $re!o, G.R. No. L382/, =ul. 18, 190/). It has been remar)ed that the power of legislative investigation may be implied from the e.press power of legislation and does not itself have to be e.pressly granted. Q: What a( th i#6 sti4atio#? A : 1. Constitutional rights to counsel and against self incrimination - even if the investigation is not a criminal investigation( the information divulge therein may be used in criminal prosecution 95nder Sec. 21( rt. 2I( it is provided that the rights of 1+,& Constitution( the persons appearing in or affected by such in3uiries shall be respected> 'he Cules of procedures to be followed in such in3uiries shall be published for the guidance of those who will be summoned. 'his must be strictly followed so that the in3uiries are confined only to the legislative purpose. 'his is also to avoid abuses. 'he investigation must be in aid of legislation. Congress may not summon the President as witness or investigate the latter in view of the doctrine of separation of powers e.cept in impeachment cases. Not : It is the President;s prerogative to divulge or not the information which he deems confidential or prudent in the public interest. #. Congress may no longer punish the witness in contempt after its final ad1ournment. 'he basis of the power to impose such penalty is the right to self0 preservation. nd such right is li2itatio#s o# l 4islati6
Q: S #ato( E#(il acc$s % th )ic Chai(2a# o" th Sta#%a(% Cha(t ( % /a#& o" 6iolati#4 th S c$(iti s R 4$latio# Co% "o( s lli#4 $#( 4ist ( % "o( i4# s c$(iti s. This has l % th S #at to co#%$ct i#6 sti4atio# i# ai% o" l 4islatio#. SC/ ( "$s % to att #% th i#6 sti4atio# !(oc %i#4s o# th 4(o$#% that c(i2i#al a#% ci6il cas s i#6ol6i#4 th sa2 iss$ s w ( ! #%i#4 i# co$(ts. D ci% . enforceable e.istence of only during the
2.
3. !.
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A: 'he mere filing of a criminal or an administrative complaint before a court or a 3uasi0 1udicial body should not automatically bar the conduct of legislative investigation. /therwise( it would be e.tremely easy to subvert any intended in3uiry by Congress through the convenient ploy of instituting a criminal or an administrative complaint. Surely( the e.ercise of sovereign legislative authority( of which the power of legislative in3uiry is an essential component( can not be made subordinate to a criminal or an administrative investigation. (8t$!&$r& C6$rtere& :$!F v. 8e!$te, G.R. No. 16+1+3, ,ec. 2+, 2//+) Q: Disti#4$ish th a'o6 =2 #tio# % cas "(o2 th cas o" / #45o# 6. S #at /l$ Ri''o# Co22itt . A8 It is true that in <engzon( the Court declared that the issue to be investigated was one over which 1urisdiction had already been ac3uired by the Sandiganbayan( and to allow the TSenate <lue CibbonU Committee to investigate the matter would create the possibility of conflicting 1udgments4 and that the in3uiry into the same 1usticiable controversy would be an encroachment on the e.clusive domain of 1udicial 1urisdiction that had set in much earlier. 'o the e.tent that( in the case at bench( there are a number of cases already pending in various courts and administrative bodies involving the petitioners( relative to the alleged sale of unregistered foreign securities( there is a resemblance between this case and <engzon. Fowever( the similarity ends there.
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Central to the Court;s ruling in <engzon 00 that the Senate <lue Cibbon Committee was without any constitutional mooring to conduct the legislative investigation 00 was the Court;s determination that the intended in3uiry was not in aid of legislation. 'he Court found that the speech of Senator %nrile( which sought such investigation contained no suggestion of any contemplated legislation4 it merely called upon the Senate to loo) into possible violations of Sec. #( C. . Go. 3D1+. 'hus( the Court held that the re3uested probe failed to comply with a fundamental re3uirement of Sec. 21( rticle 2I of the Constitution. 98t$!&$r& C6$rtere& :$!F v. 8e!$te, G.R. No. 16+1+3, ,ec. 2+, 2//+> Q: Do s Co#4( ss ha6 th !ow ( to cit ! (so#s i# co#t 2!t? A8 Mes. %ven if the Constitution only provides that Congress may punish its members for disorderly behavior or e.pel the same( it is not an e.clusion of power to hold other persons in contempt.
Not : Congress has the inherent power to punish recalcitrant witnesses for contempt( and may have them incarcerated until such time that they agree to testify. 'he continuance of such incarceration only subsists for the lifetime( or term( of such body. 'hus( each Fouse lasts for only 3 years. <ut if one is incarcerated by the Senate( it is indefinite because the Senate( with its staggered terms( is a continuing body.
Q: Disti#4$ish I$ stio# ho$( "(o2 l 4islati6 i#6 sti4atio#. A:

LE,ISLATI QUESTION )E HOUR ;SEC. IN)ESTI,ATIO 11, ART. )I, N ;SEC. 10, 0@A8 ART. )I, As to persons who may appear /nly a department ny person head As to who conducts the investi#ation %ntire body Committees As to sub&ect matter Aatters related to ny matter for the the department purpose of only legislation
in e.ecutive session (8ec. 22, 'rt.)*, 198+ Co!"t#tut#o!)
Q: Do s th !a(%o#i#4 !ow ( o" th P( si% #t a!!l3 to cas s o" l 4islati6 co#t 2!t? A: Go. It is a limitation on the President;s power to pardon by virtue of the doctrine of separation of powers. Q: What is th ho$(H? so=call % OI$ stio#
A: 'he heads of departments may upon their own initiative with the consent of the President( or upon the re3uest of either Fouse( as the rules of each house shall provide( appear before and be heard by such Fouse on any matter pertaining to their departments. ?ritten 3uestions shall be submitted to the President of the Senate or the Spea)er of the FoC at least 3 days before their scheduled appearance. Interpellations shall not be limited to written 3uestions( but it may cover matters related thereto. ?hen the security of the State or the public interest so re3uires( the appearance shall be conducted
%. POWER OF O)ERSI,HT Q: What is th Co#4( ss? !ow ( o" o6 (si4ht o"
A: 'he power of oversight embraces all activities underta)en by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. It concerns post0enactment measures underta)en by Congress. (7$c$l#!t$l v. CO7-L-C, G.R. No. 10+/13 =ul9 1/, 2//3, A8ep$r$te op#!#o! of =u"t#ce Pu! oB) Q: What is th sco! o" th !ow ( o" o6 (si4ht? A: 'o8 1. Aonitor bureaucratic compliance with program ob1ectives 2. Ietermine whether agencies are properly administered 3. %liminate e.ecutive waste and dishonesty !. Prevent e.ecutive usurpation of legislative authority #. ssess e.ecutive conformity with the congressional perception of public interest. (7$c$l#!t$l v. CO7-L-C, G.R. No. 10+/13, =ul. 1/, 2//3, A8ep$r$te op#!#o! of =u"t#ce Pu!oB) Q: What a( !ow ( o" Co#4( ss? th 'as s o" o6 (si4ht
A: 'he power of oversight has been held to be8 1. 2. 3. Intrinsic in the grant of legislative power itself Integral to the system of chec)s and balances Inherent in a democratic system of government
Q: What a( Co#4( ssio#al O6 (si4ht F$#ctio#s?
th
cat 4o(i s
o"
an agency to which Congress has by law initially delegated broad powers. It radically changes the design or structure of the Constitution;s diagram of power as it entrusts to Congress a direct role in
A : 1. 8crut#!9Eimplies a lesser intensity and continuity of attention to administrative operations. Its primary purpose is to determine economy and efficiency of the operation of government activities. In the e.ercise of legislative scrutiny( Congress may re3uest information and report from the other branches of government. It can give recommendations or pass resolutions for consideration of the agency involved. It is based primarily on the power of appropriation of Congress. <ut legislative scrutiny does not end in budget hearings. Congress can as) the heads of departments to appear before and be heard by either the Fouse of Congress on any matter pertaining to their department. "i)ewise( Congress e.ercises legislative scrutiny thru its power of confirmation to find out whether the nominee possesses the necessary 3ualifications( integrity and probity re3uired of all public servants. 2. Co!.re""#o!$l #!ve"t#.$t#o!Einvolves a more intense digging of facts. It is recognized under Section 21( rticle 2I. %ven in the absence of constitutional mandate( it has been held to be an essential and appropriate au.iliary to the legislative functions. 3. Le.#"l$t#ve "uperv#"#o!Eit connotes a continuing and informed awareness on the part of congressional committee regarding e.ecutive operations in a given administrative area. It allows Congress to scrutinize the e.ercise of delegated law0 ma)ing authority( and permits Congress to retain part of that delegated authority. Q: What is l 4islati6 i# th Phili!!i# s? 6 to? Is it allow %
A: "egislative veto is a statutory provision re3uiring the President or an administrative agency to present the proposed ICC of a law to Congress which( by itself or through a committee formed by it( retains a 6right7 or 6power7 to approve or disapprove such regulations before they ta)e effect. s such( a legislative veto in the form of a congressional oversight committee is in the form of an inward0turning delegation designed to attach a congressional leash to
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enforcing( applying or implementing its own laws. 'hus( legislative veto is not allowed in the Philippines. (':'K',' Guro P$rt9l#"t v. Pur#"#1$, G.R. No. 166+10, 'u.. 14, 2//8) Q: Ca# Co#4( ss ? (cis %isc( tio# to a!!(o6 o( %isa!!(o6 a# IRR 'as % o# a % t (2i#atio# o" wh th ( o( #ot it co#"o(2 % to th law? A: Go. In e.ercising discretion to approve or disapprove the ICC based on a determination of whether or not it conformed to the law( Congress arrogated 1udicial power unto itself( a power e.clusively vested in the Supreme Court by the Constitution. Fence( it violates the doctrine of separation of powers. (':'K',' Guro P$rt9l#"t v. Pur#"#1$, G.R. No. 166+10, 'u.. 14, 2//8) Q: -a3 th S #at ' allow % to co#ti#$ th co#%$ct o" a l 4islati6 i#I$i(3 witho$t a %$l3 !$'lish % ($l s o" !(oc %$( ? A: Go. 'he phrase 6duly published rules of procedure7 re3uires the Senate of every Congress to publish its rules of procedure governing in3uiries in aid of legislation because every Senate is distinct from the one before it or after it. 9G$rc#ll$!o v. 5ou"e of Repre"e!t$t#ve" Co11#ttee o! Publ#c *!for1$t#o!, G.R. No. 1+/338, ,ec. 23, 2//8) Q: Is th !( s #t ;1MMA< S #at l 4islati6 'o%3? a co#ti#$i#4
A: 'he present Senate under the 1+,& Constitution is no longer a continuing legislative body. 'he present Senate has 2! members( twelve of whom are elected every 3 years for a term of $ years each. 'hus( the term of 12 Senators e.pires every 3 years( leaving less than a ma1ority of Senators to continue into the ne.t Congress 9G$rc#ll$!o v. 5ou"e of Repre"e!t$t#ve" Co11#ttee o! Publ#c *!for1$t#o!, et $l., G.R. No. 1+/338, ,ec. 23, 2//8).
Not : 'here is no debate that the Senate $" $! #!"t#tut#o! is HcontinuingH( as it is not dissolved as an entity with each national election or change in the composition of its members. Fowever( in the conduct of its day0to0day business the Senate of each Congress acts separately and independently of the Senate of the Congress before it. 5ndeniably( all pending matters and proceedings( #.e. unpassed bills and even legislative investigations( of the Senate of a particular Congress are considered ter1#!$te& upon the e.piration of that Congress and it is merely optional on the Senate of the succeeding Congress to ta)e up such unfinished matters( !ot #!
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t6e "$1e "t$tu", but as if presented for t6e f#r"t t#1e. 'he logic and practicality of such a rule is readily apparent considering that the Senate of the succeeding Congress 9which will typically have a different composition as that of the previous Congress> should not be bound by the acts and deliberations of the Senate of which they had no part. (Ner# v. 8e!$te Co11#ttee o! 'ccou!t$b#l#t9 of Publ#c Off#cer" $!& *!ve"t#.$t#o!", GR. No. 18/643, 8ept. 4, 2//8)
A: %very bill passed by the Congress shall embrace only one sub1ect. 'he sub1ect shall be e.pressed in the title of the bill. 'his rule is mandatory.
Not : 'he purpose of such rule is 91> to prevent hodgepodge or log0rolling legislation( 92> to prevent
Q: What is co#s I$ #c ?
its
A: 'he conse3uence is that the Rule" of Proce&ure must be republished by the Senate after every e.piry of the term of the 12 Senators 9G$rc#ll$!o v. 5ou"e of Repre"e!t$t#ve" Co11#ttee o! Publ#c *!for1$t#o!, G.R. No. 1+/338, ,ec. 23, 2//8) Q: Is th !$'licatio# o" th I#t (# t a 6ali% !$'licatio#? ($l s i# th
A: 'he invocation of the Senators of the Provisions of 6'he %lectronic Commerce ct of 2DDD(7 to support their claim of valid publication through the internet as all the more incorrect. 'he law merely recognizes the admissibility in evidence of electronic data messages and@or electronic documents. It does not ma)e the internet a medium for publishing laws( rules and regulations. 9G$rc#ll$!o v. 5ou"e of Repre"e!t$t#ve" Co11#ttee o! Publ#c *!for1$t#o!, G.R. No. 1+/338, ,ec. 23, 2//8)
LE,ISLATI)E PROCESS AND THE /ICA-ERAL CONFERENCE CO--ITTEE Q: What is th -aEo(it3? Doct(i# o" Shi"ti#4
A: *or each Fouse of Congress to pass a bill( only the votes of the ma1ority of those present in the session( there being a 3uorum( is re3uired.
Not : 'he basis for determining the e.istence of a 3uorum in the Senate shall be the total number of Senators who are within the coercive 1urisdiction of the Senate 9'vel#!o v. Cue!co, G.R. No. L2821, 7$r. 4, 1949>.
Q: What is th s$'E ct ($l ?
so=call % o#
'ill=o#
surprise or fraud upon the legislature( and to fairly appraise the people. (Ce!tr$l C$p# v. R$1#re , G.R. No. 1619+, 7$rc6 12, 192/)
with the Constitution remain operative until they are amended or repealed. (Gu#!.o!$ v. C$r$.ue, G.R. No. 940+1, 'pr#l 22, 1991) Q: How 2a#3 ( a%i#4s 2$st a $#% (4o ' "o( it 2a3 ' co2 a law? 'ill
Q: Wh # %o s a 'ill ' co2 a law? A: 1.
pproved and signed by the President 2. Presidential veto overridden by 2@3 vote of all members of both Fouses 3. *ailure of the President to veto the bill and to return it with his ob1ections to the Fouse where it originated( within 3D days after the date of receipt !. bill calling a special election for President and 2ice0President under Sec. 1D. rt. 2II becomes a law upon third reading and final reading th R$l s ( 4a(%i#4 th
A: %ach bill must pass 3 readings in both Fouses.
Q: What a( Passa4 o" /il ls? A : 1.
Go bill passed by either Fouse shall become a law unless it has passed three readings on separate days. Printed copies of the bill in its final form should be distributed to the Aembers 3 days before its passage 9e.cept when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency> 5pon the last reading of a bill( no amendment thereto shall be allowed. 'he vote on the bill shall be ta)en immediately after the last reading of a bill.
2.
3.
!.
#. 'he 9e$" and the !$9" shall be entered in the Kournal. >PN: 'he certification of the President dispenses with the reading on separate days and the printing of the bill in the final form before its final approval. (?ole!t#!o v. 8ecret$r9 of 4#!c$!ce, G.R.No. 110400, October 3/, 1990) Not : ll decrees which are not inconsistent
,R: %ach reading shall be held on separate days and printed copies thereof in its final form shall be distributed to its Aembers( 3 days before its passage. >PN: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or emergency( the 3 readings can be held on the same day. (8ec. 26, 'rt. )*) Q: What a( th ( aso#s "o( th th( ( a%i#4s?
(?ole!t#!o v. 8ecret$r9 G.R. No, 110400, 'u.u"t 20, 1994) Q: Wh # "" ctV %o s th
of
4#!$!ce,
law
ta&
A: law must be published as a condition for its effectivity and in accordance with rticle 2 of the Civil Code( it shall ta)e effect fifteen days following the completion of its publication in the /fficial Lazette or in a newspaper of general circulation unless it is otherwise provided. (GR L 63910, ,ece1ber 29, 1986)
A : 1. 'o address the tendency of legislators( 9on the last day of the legislative year when legislators were eager to go home> 2. 'o rush bills through 3. 'o insert alters which would not otherwise stand scrutiny in leisurely debate. Q: What is th !$(!os o" th co#stit$tio# o" th /ica2 (al Co#" ( #c Co22itt ? A: Conference Committee is constituted and is composed of Aembers from each Fouse of Congress to settle( reconcile or thresh out differences or disagreements on any provision of the bill. Q: I" th 6 (sio# a!!(o6 % '3 th S #at is %i"" ( #t "(o2 that a!!(o6 % '3 th Ho$s o" R !( s #tati6 s, how a( th %i"" ( #c s ( co#cil %? A. In a bicameral system( bills are independently processed by both Fouses of Congress. It is not unusual that the final version approved by one Fouse differs from what has been approved by the other. 'he 6conference committee(7 consisting of members nominated from both Fouses( is an e.tra0constitutional creation of Congress whose function is to propose to Congress ways of reconciling conflicting provisions found in the Senate version and in the Fouse version of a bill. (Co!curr#!. $!& ,#""e!t#!. Op#!#o!, =. C$lleCo, 8r., G.R. No. 168/06, 8epte1ber 1, 2//0)
LI-ITATIONS ON LE,ISLATI)E POWER a. LI-ITATIONS ON RE)ENUE, APPROPRIATION AND TARIFF -EASURES Q: What a( th co#stit$tio#al li2itatio#s o# th l 4islati6 Hs !ow ( to #act laws o# ( 6 #$ , a!!(o!(iatio# a#% ta(i"" 2 as$( s? A : 1. ll appropriation( revenue or tariff bills( bills authorizing increase of the public debt( bills of local application( and private bills( shall originate e.clusively in the Fouse of Cepresentatives( but the Senate may propose or concur with amendments. (8ec. 24, 'rt. )*)
Not : 'he initiative for filing of C' bills must come from the Fouse( but it does not prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the Fouse( so long as the action by the Senate is withheld pending the receipt of the Fouse bill 9?ole!t#!o v. 8ec. of 4#!$!ce, G.R. No. 110400, 'u.. 20, 1994>.
2. 'he President shall have the power to veto any particular item or items in an appropriation( revenue( or tariff bill( but the veto shall not affect the item or items to which he does not ob1ect. (8ect#o! 2+ A2B, 'rt. )*) Q: What a( th i2!li % li2itatio#s o# a!!(o!(iatio# !ow (? A : Q: A( th co#" ( s li2it % to
( co#cili#4 th %i"" ( #c s i# th 'ill? A: 'he conferees are not limited to reconciling the differences in the bill but may introduce new provisions germane to the sub1ect matter or may report out an entirely new bill on the sub1ect.
1. 2.
Aust specify public purpose Sum authorized for release must be determinate( or at least determinable. (Gu#!.o!$ v. C$r$.ue, G.R. No. 940+1, 'pr#l 22, 1991)
Q: What a( th co#stit$tio#al li2itatio#s o# s! cial a!!(o!(iatio#s 2 as$( s?
A: 1. 2. Aust specify public purpose for which the sum was intended Aust be supported by funds actually available as certified by the Gational 'reasurer or to be raised by corresponding revenue proposal included therein. 98ec. 20A4B, 'rt. )*, 198+ Co!"t#tut#o!>
year( the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress (8ec. 20, A+B, 'rt. )*, 198+ Co!"t#tut#o! )
'. P( si% #tial ) to a#% Co#4( ssio#al O6 ((i% ensuing fiscal

" G %. *"/C%S II C%G K/M ,. S <5L/ P K/FG
Q: What a( th Co#stit$tio#al ($l s o# , # (al A!!(o!(iatio#s Laws? A: 1. Congress may not increase appropriations recommended by the President for the operations of the government4 *orm( content and manner of preparation of budget shall be provided by law4 Go provision or enactment shall be embraced in the bill unless it releases specifically to some particular appropriations therein4 Procedure from approving appropriations for Congress shall be the same as that of other departments in order to prevent "ub ro"$ appropriations by Congress4 Prohibition against transfer of appropriations (&octr#!e of $u.1e!t$t#o!)( however 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 appropriations8 a. President b. Senate President c. Spea)er of the FoC d. Chief Kustice e. Feads of Constitutional Commissions . $. &. Prohibitions against appropriations for sectarian benefit4 and
2.
3.
!.
#.
utomatic re0appropriation - if( by the end of any fiscal year( the Congress shall have failed to pass )ICE CHAIR FOR D-INISTRATION AND FINANCE8 K% G%""% "%% theAgeneral appropriations bill for C. the
)ICE CHAIRS FOR LA*=OUT AND DESI,N: % 'F%%G C. A C'IG%Q
C" "/5I% A.
S C M G
Q: What is th ($l 6 to? A:
o# !( si% #tial
,R: If the President disapproves a bill enacted by Congress( he should veto the entire bill. Fe is not allowed to veto separate items of a bill. >PN: Item0veto is allowed in case of appropriation( revenue( and tariff bills (8ec. 2+ A2B, 'rt. )*, 198+ Co!"t#tut#o!). >PNs >PN: 1. to th
,octr#!e of #!$ppropr#$te prov#"#o!" 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. (Go! $le" v. 7$c$r$#., =r., G.R. No. 8+636, Nov. 19, 199/) -<ecut#ve #1pou!&1e!t - 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. (P6#lco!"$ v. -!r#3ue , G.R. No. 1131/0, 'u.. 19, 1994) P( si% #t 6 to a
2.
Q: -a3 th law?
A: Go. ?hat the president may validly veto is only a bill and neither the provisions of law 3# years before his term nor a final and e.ecutory 1udgment of the Supreme Court. (:e!. o! v. ,r#lo!, G.R. No. 1/3024, 'pr#l 10, 1992)
Q: Wh # is th ( a !oc& t 6 to? A: It occurs when8 1. the President fails to act on a bill4 and 2. the reason he does not return the bill to the Congress is that Congress is not in session.
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)ICE CHAIR FOR AD-INISTRATION AND FINANCE8 K% G%""% C. "%% )ICE CHAIRS FOR LA*=OUT AND DESI,N: % C" "/5I% A. A S C M 'F%%G C. A C'IG%Q
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G
Not : Poc)et veto is not applicable in the Philippines because inaction by the President for 3D days never produces a veto even if Congress is in recess. 'he 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.
Q: Wh # %o s th Co#stit$tio# ( I$i( that th 3 as a#% #a3s o" th - 2' (s ' ta& # 6 (3 ti2 a Ho$s has to 6ot ? A : 1. 5pon the last and third readings of a bill (8ect#o! 26 (2), 'rt#cle )*)4 t the re3uest of 1@# of the members present (8ect#o! 16 (4), 'rt#cle )*)4 and In repassing a bill over the veto of the President (8ect#o! 2+ (1), 'rt#cle )*).
Presidential amnesties Concurrence of ma1ority of all the members of Congress (8ec. 19, 'rt. )**) &. Power to concur in treaties or international agreements4 concurrence of at least 2@3 of all the members of the Senate (8ec. 21, 'rt. )**)
2. 3.
Q: What is a (i% (? A: rider is a provision in a bill which does not relate to a particular appropriation stated in the bill. Since it is an invalid provision under 8ec. 20 (2), 'rt. )**, 198+ Co!"t#tut#o!, the President may veto it as an item.
NON=LE,ISLATI)E POWERS Q: What !ow (s o" Co#4( s s? A : 1. 2. 3. Power to declare the e.istence of state of war (8ec. 23 A1B, 'rt. )*) Power to act as <oard of Canvassers in election of President (8ec. 1/, 'rt. )**) Power to call a special election for President and 2ice0President (8ec. 1/, 'rt. )**) !. Power to 1udge President;s physical fitness to discharge the functions of the Presidency (8ec. 11, 'rt. )**) Power to revo)e or e.tend suspension of the privilege of the writ of habeas corpus or declaration of martial law (8ec. 18, 'rt. )**) Power to concur in a( th No#=l 4islati6
#.
$.
,.
Power to confirm certain appointments@nominations made by the President (8ec". 9 $!& 16, 'rt. )**) +. Power of Impeachment (8ec. 2, 'rt. (*) 1D. Power relative to natural resources (8ec. 2, 'rt. (**) 11. Power of internal organization (8ec. 16, 'rt. )*) a> %lection of officers b> Promulgate internal rules c> Iisciplinary powers (8ec. 16, 'rt. )*) 12. Informing *unction Q: Stat th co#%itio#s $#% ( which, %$(i#4 a ! (io% o" #atio#al 2 (4 #c3, Co#4( ss 2a3 4(a#t 2 (4 #c3 !ow (s to th P( si% #t is allow %. A: 5nder 8ec. 23A2B, 'rt#cle )* of the Constitution( Congress may grant the President emergency powers sub1ect to the following conditions8 1. 'here is a war or other national emergency 2. 'he grant of emergency powers must be for a limited period 3. 'he grant of emergency powers is sub1ect to such restrictions as Congress may prescribe !. 'he emergency powers must be e.ercised to carry out a declared national policy Q: What is th ( 4a(%i#4 wa(? !olic3 o" th Phili!!i# s an
A: 'he Philippines renounces war as instrument of national policy. (8ec. 2, 'rt. **)
Q: What is th 6oti#4 ( I$i( 2 #t to % cla( th ?ist #c o" a stat o" wa(? A: 1. 2. 3. 2@3 of both Fouses In 1oint session 2oting separately
Not : %ven though the legislature can declare e.istence of war and enact measures to support it( the actual power to engage war is lodged nonetheless in the e.ecutive.
Q: Disc$ss Co#4( ss.
th
I#"o(2i#4
"$#ctio#
o"
A: 'he informing function of the legislature includes its function to conduct legislative in3uiries and investigation and its oversight power.
'he power of Congress does not end with the finished tas) of legislation. Concomitant with its principal power to legislate is the au.iliary power to ensure that the laws it enacts are faithfully e.ecuted. s well stressed by one scholar( the legislature 6fi.es the main lines of substantive policy and is entitled to see that administrative policy is in harmony with it4 it establishes the volume and purpose of public e.penditures and ensures their legality and propriety4 it must be satisfied that internal administrative controls are operating to secure economy and efficiency4 and it informs itself of the conditions of administration of remedial measure.7 'he power of oversight has been held to be intrinsic in the grant of legislative power itself and integral to the chec)s and balances inherent in a democratic system of government. ?oodrow ?ilson went one step farther and opined that the legislature;s informing function should be preferred to its legislative function. Fe emphasized that 6T%Uven more important than legislation is the instruction and guidance in political affairs which the people might receive from a body which )ept all national concerns suffused in a broad daylight of discussion.7 (Co!curr#!. $!& ,#""e!t#!. Op#!#o! of =u"t#ce Pu!o, 7$c$l#!t$l v. CO7-L-C, G.R. No. 10+/13 =ul9 1/, 2//3)
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D. E>ECUTI)E DEPART-ENT Q: Who is th Chi " E? c$ti6 o" th Stat ? A: 'he President is the Fead of State and the Chief %.ecutive.
#. Feads of departments cannot invo)e the President;s immunity. (Glor#$ v. Court of 'ppe$l", G.R. No. 1199/3, 'u.. 10, 2// /) :. (Rule o! #11u!#t9 $fter te!ure)
PRI)ILE,ES, INHI/ITIONS AND DISQUALIFICATIONS a. I--UNIT* AND PRI)ILE,ES Q: What a( th !(i6il 4 s o" th P( si% #t a#% )P? A:
)ICE=PRESIDENT PRI)ILE, ES 1. Salary shall not 1. /fficial residence4 be 2. Salary is decreased during determined by law his tenure4 and not to be 2. If appointed to decreased during a Cabinet post( no his tenure (8ec. 6, need for 'rt. )**)4 Commission on 3. Immunity from ppointments; suit for official acts. confirmation (8ec. PRESIDENT
0. E? c$ti6 I22$#it3 Q: What a( th ($l s o# ? c$ti6 i22$#it3? A: . (Rule" o! #11u!#t9 &ur#!. te!ure) 1. 'he President is immune from suit during his tenure. (*! reJ :er1u&e , G.R. No. +618/, Oct. 24, 1986) 2. n impeachment complaint may be filed against him during his tenure. ('rt. (*) 3. 'he President may not be prevented from instituting suit. (8ol#ve! v. 7$F$"#$r, G.R. No. 82080, Nov. 14, 1988) !. 'here is nothing in our laws that would prevent the President from waiving the privilege. 'he President may shed the protection afforded by the privilege. (8ol#ve! v. 7$F$"#$r, G.R. No. 82080, Nov. 14, 1988)
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/nce out of office( even before the end of the $0year term( immunity for non0official acts is lost. Such was the case of former President Koseph %strada. Immunity cannot be claimed to shield a non0sitting President from prosecution for alleged criminal acts done while sitting in office. (-"tr$&$ v. ,e"#erto, G.R. No". 146+1/10, 7$r. 2, 2//1) Q: What a( th ( aso#s "o( th i22$#it3 "(o2 s$it? A: 1. 8ep$r$t#o! of po%er". 'he separation of powers principle is viewed as demanding the e.ecutive;s independence from the 1udiciary( so that the President should not be sub1ect to the 1udiciary;s whim. ('l1o!te v. )$"3ue , G.R. No. 9036+, 7$9 23, 1990) Publ#c co!ve!#e!ce. 'he grant is to assure the e.ercise of presidential duties and functions free from any hindrance or distraction( considering that the presidency is a 1ob that( aside from re3uiring all of the office0holders; time( demands undivided attention. (8ol#ve! v. 7$F$"#$r, G.R. No. 82080, Nov. 14, 1988)
Not : PresidentRs immunity from suit does not e.tend to his alter egos. Fowever( the said immunity e.tends beyond his term( so long as the act( on which immunity is invo)ed( was done during his term.
P( si% #tHs
2.
Q: U!o# co2!lai#t o" th i#c$2' #t P( si% #t o" th R !$'lic, Ach (#a( was cha(4 % with li' l ' "o( th RTC. Ach (#a( co#t #%s that i" th !(oc %i#4s #s$ '3 6i(t$ o" th P( si% #tHs "ili#4 o" h ( co2!lai#t= a""i%a6it, sh 2a3 s$'s I$ #tl3 ha6 to ' a wit# ss "o( th !(os c$tio#, '(i#4i#4 h ( $#% ( th t(ial co$(tHs E$(is%ictio#. -a3 Ach (#a( i#6o& th P( si% #tHs i22$#it3? A: Go. 'he immunity of the President from suit is personal to the President. It may be invo)ed only by the President and not by any other person. (8ol#ve! v. 7$F$"#$r, G.R. No. 82080, Nov. 14, 1988)
1. E? c$ti6 P(i6il 4 Q: What is ? c$ti6 !(i6il 4 ?
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EXECUTIVE DEPARTMENT
A: It is the power of the President to withhold certain types of information from the public( the courts( and the Congress. Q: How is th i#6o& %? !(i6il 4
Not : 'he %.ecutive Secretary must state that the authority is 6<y order of the President(7 which means he personally consulted with her.
A: %.ecutive privilege must be invo)ed in relation to specific categories of information and not to categories of persons.
Not : ?hile e.ecutive privilege is a constitutional concept( a claim thereof may be valid or not depending on the ground invo)ed to 1ustify it and the conte.t in which it is made. Goticeably absent is any recognition that e.ecutive officials are e.empt from the duty to disclose information by the mere fact of being e.ecutive officials. (8e!$te v. -r1#t$, G.R. No. 169+++, 'pr#l 2/, 2//6)
Q: Is th i#6ocatio# o" this !(i6il 4 th(o$4h ? c$ti6 o(% (s, !(ohi'iti#4 ? c$ti6 o""icials "(o2 !a(tici!ati#4 i# l 4islati6 i#I$i(i s, 6iolat th co#stit$tio#al (i4ht to i#"o(2atio# o# 2att (s o" !$'lic co#c (# o" th ! o!l ?
A: Mes. 'o the e.tent that investigations in aid
of legislation are generally conducted in public( however( any e.ecutive issuance tending to unduly limit disclosures of information in such investigations necessarily deprives the people of information which( being presumed to be in aid of legislation( is presumed to be a matter of public concern. 'he citizens are thereby denied access to information which they can use in formulating their own opinions on the matter before Congress E opinions which they can then communicate to their representatives and other government officials through the various legal means allowed by their freedom of e.pression.
(8e!$te v. -r1#t$, G.R. No. 169+++, 'pr#l 2/, 2//6)
Q: Who ca# i#6o& !(i6il 4 ? A: 1. President
? c$ti6
Not : 'he privilege being an e.traordinary power( it must be wielded only by the highest official in the e.ecutive department. 'hus( the President may not authorize her subordinates to e.ercise such power.
2. %.ecutive Secretary( upon proper authorization from the President
EXECUTIVE DEPARTMENT
?hen an official is being summoned by Congress on a matter which( in his own 1udgment( might be covered by e.ecutive privilege( he must be afforded reasonable time to inform the President or the %.ecutive Secretary of the possible need for invo)ing the privilege. 'his is necessary in order to provide the President or the %.ecutive Secretary with fair opportunity to consider whether the matter indeed calls for a claim of e.ecutive privilege. If( after the lapse of that reasonable time( neither the President nor the %.ecutive Secretary invo)es the privilege( Congress is no longer bound to respect the failure of the official to appear before Congress and may then opt to avail of the necessary legal means to compel his appearance. (8e!$te v. -r1#t$, G.R. No. 169+++, 'pr#l 2/, 2//6)
A: Section 1( in view of its specific reference to Section 22 of rticle 2I of the Constitution and the absence of any reference to in3uiries in aid of
Q: What is th ( I$i( 2 #t i# i#6o&i#4 th !(i6il 4 ? A: formal claim of the privilege is re3uired. formal and proper claim of e.ecutive privilege re3uires a specific designation and description of the documents within its scope as well as precise and certain reasons for preserving their confidentiality. ?ithout this specificity( it is impossible for a court to analyze the claim short of disclosure of the very thing sought to be protected.
Not : Congress must not re3uire the President to state the reasons for the claim with such particularity as to compel disclosure of the information which the privilege is meant to protect. (8e!$te v. -r1#t$, G.R. No. 169+++, 'pr#l 2/, 2//6).
Q: Is th a'sol$t ?
!(i6il 4
A: Go. Claim of e.ecutive privilege is sub1ect to balancing against other interest. Simply put( confidentiality in e.ecutive privilege is not absolutely protected by the Constitution. Geither the doctrine of separation of powers( nor the need for confidentiality of high0level communications can sustain an absolute( un3ualified Presidential privilege of immunity from 1udicial process under all circumstances. (Ner# v. 8e!$te,G.R. No. 18/643, 7$r. 20, 2//8). Q: S c. 0 o" EO B7B ( I$i( % all h a%s o" % !a(t2 #ts i# th E? c$ti6 '(a#ch to s c$( th co#s #t o" th P( si% #t ' "o( a!! a(i#4 i# a# i#I$i(3 co#%$ct % '3 ith ( Ho$s o" Co#4( ss, !$(s$a#t to A(t. )I, s c. 11 o" th Co#stit$tio#. Do s this s ctio# a!!li s o#l3 I$ stio# ho$(? Is it 6ali%?
legislation( must be construed as limited in its application to appearances of department heads in the 3uestion hour contemplated in the provision of said Section 22 of rticle 2I. 'he reading is dictated by the basic rule of construction that issuances must be interpreted( as much as possible( in a way that will render it constitutional. 'he re3uirement then to secure presidential consent under Section 1( limited as it is only to appearances in the 3uestion hour( is valid on its face. *or under Section 22( rticle 2I of the Constitution( the appearance of department heads in the 3uestion hour is discretionary on their part. (8e!$te v. -r1#t$,
G.R. No. 169+++, 'pr#l 2/, 2//6) Not : Sec. 1 of %/ !$! cannot( however( be applied to appearances of department heads in in3uiries in aid of legislation. Congress is not bound in such instances to respect the refusal of the department head to appear in such in3uiry( unless a valid claim of privilege is subse3uently made( either by the President herself or by the %.ecutive Secretary. (8e!$te v. -r1#t$, G.R. No. 169+++, 'pr#l 2/, 2//6)
Q: Di"" ( #tiat Co22$#icatio#s P(i6il 4 "(o2 P(oc ss P(i6il 4 .
P( si% #tial D li' (ati6
Q:
What a(
th
6a(i ti s o"
? c$ti6
!(i6il 4 ? A: 1. 8t$te "ecret pr#v#le.e - invo)ed by Presidents on the ground that the information is of such nature that its disclosure would subvert crucial military or diplomatic ob1ective. 2. *!for1er;" pr#v#le.e - privilege of the government not to disclose the identity of persons who furnish information in violations of law to officers charged with the enforcement of the law. Ge!er$l pr#v#le.e for internal deliberations. Said to attach to intra0 governmental documents reflecting advisory opinions( recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.
3.
Not : In determining the validity of a claim of privilege( the 3uestion that must be as)ed is not only whether the re3uested information falls within one of the traditional privileges( but also whether that privilege should be honored in a given procedural setting.
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A:
PRESIDENTI AL CO--UNICATIO NS PRI)ILE,E Pertains to communications( documents or other materials that reflect presidential decision0 ma)ing and deliberations that the President believes should pplies to decision0 ma)ing of the President Cooted in the constitutional principle of separation of powers and the President;s uni3ue constitutional role DELI/ERATI)E PROCESS PRI)ILE,E Includes advisory opinions( recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated pplies to decision0 ma)ing of e.ecutive officials Cooted in common law privileges
Q: What a( th l 2 #ts o" !( si% #tial co22$#icatio#s !(i6il 4 ? A: 1. 'he protected communication must relate to a 63uintessential and non0 delegable presidential power.7 'he communication must be authored or 6solicited and received7 by a close advisor of the President or the President himself. 'he 1udicial test is that an advisor must be in 6operational pro.imity7 with the President. 'he presidential communications privilege remains a 3ualified privilege that may be overcome by a showing of ade3uate need( such that the information sought 6li)ely contains important evidence7 and by the unavailability of the information elsewhere by an appropriate investigating authority.
2.
3.
Q: A( !( si% #tial co22$#icatio#s !( s$2!ti6 l3 !(i6il 4 %? A: Mes. 'he presumption is based on the President;s generalized interest in confidentiality. 'he privilege is necessary to guarantee the candor of presidential advisors and to provide the President and those who assist him with freedom to e.plore alternatives in the process of shaping
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policies and ma)ing decisions and to do so in a way many could be unwilling to e.press e.cept privately. 'he presumption can be overcome only by mere showing of public need by the branch see)ing access to conversations. 'he courts are en1oined to resolve the competing interests of the political branches of the government 6in the manner that preserves the essential functions of each <ranch.7 Q: Th Ho$s o" R !( s #tati6 sH Ho$s Co22itt co#%$ct % a# i#I$i(3 o# th +a!a#= Phili!!i# s Eco#o2ic Pa(t# (shi! A4( 2 #t ;+PEPA<, th # ' i#4 # 4otiat % '3 th Phili!!i# ,o6 (#2 #t. Th Ho$s Co22itt ( I$ st % DTI Us c. AI$i#o to "$(#ish it with a co!3 o" th lat st %(a"t o" th +PEPA. AI$i#o ( !li % that h shall !(o6i% a co!3 th ( o" o#c th # 4otiatio#s a( co2!l t %. A ! titio# was "il % with th SC which s &s to o'tai# a co!3 o" th Phili!!i# a#% +a!a# s o"" (s s$'2itt % %$(i#4 th # 4otiatio# !(oc ss a#% all ! (ti# #t attach2 #ts a#% a## ? s th ( to. AI$i#o i#6o& % ? c$ti6 !(i6il 4 'as % o# th 4(o$#% that th i#"o(2atio# so$4ht ! (tai#s to %i!lo2atic # 4otiatio#s th # i# !(o4( ss. O# th oth ( ha#%, A&'a3a# "o( th i( !a(t i#6o& th i( (i4ht to i#"o(2atio# o# 2att (s o" !$'lic co#c (#. A( 2att (s i#6ol6i#4 # 4otiatio#s co6 ( % '3 !(i6il 4 ? %i!lo2atic ? c$ti6
status. ('K:'N'N C#t# e!;" 'ct#o! P$rt9 v. '3u#!o, et $l., G.R No. 1+/016, =ul9 16, 2//8)
A: Mes. It is clear that while the final te.t of the KP%P may not be )ept perpetually confidential( the offers e.changed by the parties during the negotiations continue to be privilege even after the KP%P is published. Iisclosing these offers could impair the ability of the Philippines to deal not only with Kapan but with other foreign governments in future negotiations. 9'K:'N'N C#t# e!;" 'ct#o! P$rt9 v. '3u#!o, G.R No. 1+/016, =ul9 16, 2//8>
Not : Such presumptive. privilege is only
Q: How is o6 (co2 ?
th
!( s$2!tio#
A: Cecognizing a type of information as privileged does not mean that it will be considered privileged in all instances. /nly after a consideration of the conte.t in which the claim is made may it be determined if there is a public interest that calls for the disclosure of the desired information( strong enough to overcome its traditionally privileged
'. PROHI/ITIONS, INHI/ITIONS AND DISQUALIFICATIONS Q: What a( th !(ohi'itio#s attach % to th P( si% #t, )ic =P( si% #t, Ca'i# t - 2' (s, a#% th i( % !$ti s o( assista#ts? A: 'he President( 2ice0President( the Aembers of the Cabinet( and their deputies or assistants( unless otherwise provided in this Constitution shall8 1. Shall not receive any other emolument from the government or any other source (8ec. 6, 'rt. )**)
L/CCs and their subsidiaries If the spouse( etc.( was already in any of the above offices at the time before his@her spouse
2. Shall not hold any other office or employment during their tenure unless8 a. /therwise provided in the Constitution 9e... 2P can be appointed as a Cabinet Aember4 Sec. of Kustice sits on Kudicial and <ar Council> b. 'he positions are e<off#c#o and they do not receive any salary or other emoluments therefor 9e... Sec. of *inance is head of Aonetary <oard> 3. Shall not practice( directly or indirectly( any other profession during their tenure
!. Shall not participate in any business #. Shall not be financially interested in any contract with( or in any franchise( or special privilege granted by the Lovernment( including L/CCs $. Shall avoid conflict of interest in conduct of office
&. Shall avoid nepotism (8ec. 13, 'rt. )**)

Not : 'he spouse and relatives by th consanguinity or affinity within the ! civil degree of the President shall not( during his tenure( be appointed as8 a. Aembers of the Constitutional Commissi ons b. /ffice of the /mbudsman c. Secretaries d. 5ndersecretaries e. Chairmen or heads of bureaus or offices( including
became President( he@she may continue in office. ?hat is prohibited is appointment and reappointment( not continuation in office. Spouses( etc.( can be appointed to the 1udiciary and as ambassadors and consuls.
and regulations and municipal ordinances( as well as treaties entered into by the government. Q: What is th sco! o" ? c$ti6 !ow (? A: control of all e.ecutive departments( bureaus and offices. Conse3uently( he shall ensure that the laws be faithfully e.ecuted (8ec. 1+, 'rt. )**). 'he power to ta)e care that the laws be faithfully e.ecuted ma)es the President a dominant figure in the administration of the government. 'he law he is supposed to enforce includes the Constitution( statutes( 1udicial decisions( administrative rules
Q: Ch(istia#, th Chi " P( si% #tial L 4al Co$#s l ;CPLC<, was also a!!oi#t % as Chai(2a# o" th PC,,. -a3 th two o""ic s ' h l% '3 th sa2 ! (so#? A: Go. 'he two offices are incompatible. ?ithout 3uestion( the PCLL is an agency under the %.ecutive Iepartment. 'hus( the actions of the PCLL Chairman are sub1ect to the review of the CP"C. (Publ#c *!tere"t Group v. -l1$, G.R. No. 138960, =u!e 3/, 2//6) POWERS OF THE PRESIDENT a. E>ECUTI)E AND AD-INISTRATI)E POWERS IN ,ENERAL Q: What !ow (? is ? c$ti6
A: It is the power of carrying out the laws into practical operation and enforcing their due observance. (N$t#o!$l -lectr#f#c$t#o! '&1#!#"tr$t#o! v. C', G.R. No. 143481, 4eb. 10, 2//2). It is the legal and political functions of the President involving the e.ercise of discretion. It is vested in the President of the Philippines. 'hus( the President shall have control of all e.ecutive departments( bureaus and offices. Fe shall ensure that laws are faithfully e.ecuted. 98ec. 1+, 'rt. )*, 198+ co!"t#tut#o!>
Not : 5ntil and unless a law is declared unconstitutional( the President has a duty to e.ecute it regardless of his doubts as to its validity. 'his is )nown as the f$#t6ful e<ecut#o! cl$u"e. (8ec".1 $!& 1+, 'rt. )**, 198+ Co!"t#tut#o!).
Q: What is th cla$s ?
"aith"$l
? c$tio#
A: Since e.ecutive power is vested in the President of the Philippines( he shall have
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1. 2.
3.
!.
%.ecutive power is vested in the President of the Philippines. (8ec. 1, 'rt. )**, 198+ Co!"t#tut#o!) It is not limited to those set forth in the Constitution (Re"#&u$l po%er"). (7$rco" v. 7$!.l$pu", G.R. No. 88211, Oct. 2+, 1989) Privilege of immunity from suit is personal to the President and may be invo)ed by him alone. It may also be waived by the President( as when he himself files suit. (8ol#ve! v. 7$F$"#$r, G.R. No. 82080, Nov. 14, 1988) 'he President cannot dispose of state property unless authorized by law. (L$urel v. G$rc#$, G.R. No. 92/13, =ul9 20, 199/) th s! ci"ic !ow (s o"
Q: What a( th P( si% #t?
A: Fe is the repository of all e.ecutive power( such as8 1. ppointing power (8ec. 16, 'rt. )**) 2. Power of control over all e.ecutive departments( bureaus and offices (8ec. 1+, 'rt. )**) 3. Commander0in0Chief powers 9calling0 out power( power to place the Philippines under martial law( and power to suspend the privilege of the writ of habeas corpus> (8ec. 18, 'rt. )**) !. Pardoning power (8ec. 19, 'rt. )**) #. <orrowing power (8ec. 2/, 'rt. )**) $. Iiplomatic@'reaty0ma)ing power (8ec. 21, 'rt. )**) &. <udgetary power (8ec. 22, 'rt. )**) ,. Informing power (8ec. 23, 'rt. )**) +. 2eto power (8ec. 2+, 'rt. )*) 1D. Power of general supervision over local governments (8ec. 4, 'rt. (> 11. Power to call special session (8ec. 10, 'rt. )*) Q: Is th !ow ( o" th P( si% #t li2it % o#l3 to s$ch s! ci"ic !ow (s #$2 (at % i# th Co#stit$tio#? A: Go. 'he powers of the President cannot be said to be limited only to the specific power enumerated in the Constitution. %.ecutive power is more than the sum of specific powers so
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enumerated. 'he framers did not intend that by enumerating the powers of the President he shall e.ercise those powers and no other. ?hatever power inherent in the government that is neither legislative nor 1udicial has to be e.ecutive. 'hese unstated re"#&u$l po%er" are implied from the grant of e.ecutive power and which are necessary for the President to comply with his duties under he Constitution. (7$rco" v. 7$!.l$pu", G.R. No. 88211, Oct. 2+, 1989). Q: What is a%2i#ist(ati6 !ow (? A: '&1#!#"tr$t#ve po%er is concerned with the wor) of applying policies and enforcing orders as determined by proper governmental organs. It enables the President to fi. a uniform standard of administrative efficiency and chec) the official conduct of his agents. 'o this end( he can issue administrative orders( rules and regulations. (Ople v. ?orre", G.R. No. 12+680, =ul9 23, 1998). '. APPOINTIN, POWER 0. I# , # (al Q: What a!!oi#t2 #t? is
revo)ed by the elected President within +D days from his assumption or re0assumption of office. (8ec. 14, 'rt. )**)
A: It is the selection( by the authority vested with the power( of an individual who is to e.ercise the functions of a given office.
Not : n appointment may be made verbally but it is usually done in writing through what is called the commission.
Q: What is th #at$( o" th !ow ( o" th P( si% #t?
a!!oi#ti#4
A: 'he power to appoint is e.ecutive in nature. ?hile Congress and the Constitution in certain cases may prescribe the 3ualifications for particular offices( the determination of who among those who are 3ualified will be appointed is the President;s prerogative. (P#1e!tel, et $l. v. -r1#t$, et $l., G.R. No. 1649+8, Oct. 13, 2//0). Q: A( th acti#4 P( si% #t "" cti6 ? A: a!!oi#t2 #ts 2a% '3 a#
'hese shall
remain effective unless
duties on a person already in the public service. It is considered only as an acting or temporary appointment( which does not confer security of tenure on the person named. (:#!$1#r$ v. G$rruc6o, G.R. No. 92//8, =ul9 3/, 199/)
Not : 'he President has the power to temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the e.ecutive branch. In no case shall the temporary designation e.ceed one year.
Cabinet and such appointment re3uires no confirmation. (8ec. 3, 'rt. )**) 2. mbassadors( other public ministers and consuls - those connected with the diplomatic and consular services of the country. /fficers of *P from the ran) of colonel or naval captain
3.
Not : PGP of e3uivalent ran)s and Philippine Coast Luard are not included.
1. Co22issio# o# A!!oi#t2 #ts Co#"i(2atio# Q: What a( "o$( i#sta#c s wh ( co#"i(2atio# o" th Co22issio# o# A!!oi#t2 #ts is ( I$i( %? A : 1. Feads of e.ecutive departments ,R: ppointment of cabinet secretaries re3uires confirmation. >PN: 2ice0president may be appointed as a member of the Q: What is % si4#atio#? A: Iesignation means imposition of additional
!.
/ther officers of the government whose appointments are vested in the President in the Constitution (8ec. 16, 'rt. )**)( such as8 a. Chairmen and members of the CSC( C/A%"%C and C/ (8ec. 1A2B, 'rt. *(:, C, ,) b. Cegular members of the K<C (8ec. 8A2B, 'rt. )***) "o(
Q: What is th a!!oi#ti#4 !(oc %$( thos that # % CA co#"i(2atio#? A :
1. 2. 3. !.
Gomination by the President Confirmation by the C Issuance of commission cceptance by the appointee (Cru ,
P6#l#pp#!e Pol#t#c$l L$%, 2//2 e&., p. 2/+).

Not : t anytime before all four steps have been complied with( the President can withdraw the nomination and appointment. (L$c"o! v. Ro1ero, G.R. No. L3/81, Oct. 14, 1949)
position( the appointment may not be sub1ect to 1udicial review. Q: What a( th li2itatio#s ( 4a(%i#4 th a!!oi#ti#4 !ow ( o" th !( si% #t? A: E$%icial ( 6i w? A: Lenerally( no. ppointment is a political 3uestion. So long as the appointee satisfies the minimum re3uirements prescribed by law for the
Q: What is th a!!oi#ti#4 !(oc %$( "o( thos that %o #ot # % CA co#"i(2atio#? A : 1. 2. ppointment cceptance
Q: Disti#4$ish a# ad interim a!!oi#t2 #t "(o2 a# a!!oi#t2 #t i# a# acti#4 ca!acit3. A :
A INTE'I( APPOINT-EN Aade if Congress is not in session
Ce3uires confirmation of C in nature Permanent ppointee en1oys security of tenure
APPOINT-ENT IN AN ACTIN, Aade at any time there is vacancy( i.e.( whether Congress is in session or not Ioes not re3uire confirmation of C 'emporary in nature ppointee does not en1oy security of
Q: Is th act o" th P( si% #t i# a!!oi#ti#4 acti#4 s c( ta(i s co#stit$tio#al, 6 # witho$t th co#s #t o" th Co22issio# o# A!!oi#t2 #ts whil Co#4( ss is i# s ssio#? A) Mes. Congress( through a law( cannot impose on the President the obligation to appoint automatically the undersecretary as her temporary alter ego. n alter ego( whether temporary or permanent( holds a position of great trust and confidence. 'he office of a department secretary may become vacant while Congress is in session. Since a department secretary is the alter ego of the President( the acting appointee to the office must necessarily have the President;s confidence. (P#1e!tel v. -r1#t$, G.R. No. 1649+8, Oct. 13, 2//0)
Not : cting appointments cannot e.ceed one year. (8ect#o! 1+A3B, C6$pter 0, ?#tle *, :ooF *** of -O 292).
Q: -a3 a# a!!oi#t2 #t ' th s$'E ct o" a
1. 'he spouse and relatives by consanguinity or affinity within the !th civil degree of the President shall not( during his HtenureH be appointed8 a. s members of the Constitutional Commissions b. Aember of the /ffice of /mbudsman c. Secretaries d. 5ndersecretaries e. Chairmen or heads of bureaus or offices( including government0 owned or controlled corporations and their subsidiaries. (8ec. 13A2B, 'rt. )**) 2. ,R8 'wo months immediately before the ne.t Presidential elections 92nd Aonday of Aay>( and up to the end of his HtermH 9Kune 3D>( a President 9or cting President> shall not ma)e appointments. >PN: 'emporary appointments( to e.ecutive positions( when continued vacancies therein will pre1udice public service (8ec. 10, 'rt. )**) (e... Po"t1$"ter)I or endanger public safety (e... C6#ef of 8t$ff). 9. -i%#i4ht A!!oi#t2 #ts Q: S c. 0:, A(t. )II o" th 0@A8 Co#stit$tio# !(ohi'its th P( si% #t "(o2 2a&i#4 a!!oi#t2 #ts two 2o#ths ' "o( th # ?t !( si% #tial l ctio#s a#% $! to th #% o" his t (2. To what t3! s o" a!!oi#t2 #t is sai% !(ohi'itio# %i( ct % a4ai#st? A: Section 1#( rticle 2II is directed against two types of appointments8 1. 'hose made for buying votes - refers to those appointments made within two months preceding the Presidential election and are similar to those which are declared election offenses in the /mnibus %lection Code4 and 'hose made for partisan considerations - consists of the so0called 6midnight7 appointments. 9*! ReJ 5o!. 7$teo '.
2.
)$le! uel$ $!& 5o!. Pl$c#&o :. )$ll$rt$, '.7. No. 980/18C Nov. 9, 1998> Q: Do s a# o$t4oi#4 P( si% #t ha6 th !ow ( to a!!oi#t th # ?t Chi " +$stic withi# th ! (io% sta(ti#4 two 2o#ths ' "o( th !( si% #tial l ctio#s $#til th #% o" th !( si% #tial t (2? Disc$ss tho(o$4hl3. A: Mes. rticle 2II is devoted to the %.ecutive Iepartment( and( among others( it lists the powers vested by the Constitution in the President. 'he presidential power of appointment is dealt with in Sections 1!( 1# and 1$ of the rticle. rticle 2III is dedicated to the Kudicial Iepartment and defines the duties and 3ualifications of Aembers of the Supreme Court( among others. Section !91> and Section + of this rticle are the provisions specifically providing for the appointment of Supreme Court Kustices. In particular( Section + states that the appointment of Supreme Court Kustices can only be made by the President upon the submission of a list of at least three nominees by the K<C4 Section !91> of the rticle mandates the President to fill the vacancy within +D days from the occurrence of the vacancy. Fad the framers intended to e.tend the prohibition contained in Section 1#( rticle 2II to the appointment of Aembers of the Supreme Court( they could have e.plicitly done so. 'hey could not have ignored the meticulous ordering of the provisions. 'hey would have easily and surely written the prohibition made e.plicit in Section 1#( rticle 2II as being e3ually applicable to the appointment of Aembers of the Supreme Court in rticle 2III itself( most li)ely in Section ! 91>( rticle 2III. 'hat such specification was not done only reveals that the prohibition against the President or cting President ma)ing appointments within two months before the ne.t presidential elections and up to the end of the President;s or cting President;s term does not refer to the Aembers of the Supreme Court. Liven the bac)ground and rationale for the prohibition in Section 1#( rticle 2II( there is no doubt that the Constitutional Commission confined the prohibition to appointments made in the %.ecutive Iepartment. 'he framers did not need to e.tend the prohibition to appointments in the Kudiciary( because their establishment of the K<C and their sub1ecting the nomination and screening of candidates for 1udicial positions to the
unhurried and deliberate prior process of the K<C ensured that there would no longer be
midnight appointments to the Kudiciary. (,e C$"tro v. =:C, G.R. No. 191//2, 7$r. 1+, 2/1/)
President may be replaced at any time. "egally spea)ing( their separation is effected not by the process of removal
c. POWER OF RE-O)AL Q: Wh ( %o s th P( si% #t % (i6 !ow ( o" ( 2o6al? his
A: 'he President derives his implied power of removal from other powers e.pressly vested in him. 1. 2. It is implied power to appoint. from his
<eing e.ecutive in nature( it is implied from the constitutional provision vesting the e.ecutive power in the President. It may be implied from his function to ta)e care that laws be properly e.ecuted4 for without it( his orders for law enforcement might not be effectively carried out. 'he power may be implied from the President;s control over the administrative departments( bureaus( and offices of the government. ?ithout the power to remove( it would not be always possible for the President to e.ercise his power of control. (8#!co, P6#l#pp#!e Pol#t#c$l L$%, 1904 e&., p. 2+0) all th
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Q: Ca# th P( si% #t ( 2o6 o""icials h a!!oi#t %?
A: Go. ll officials appointed by the President are also removable by him since the Constitution prescribes certain methods for the separation from the public service of such officers. (Cru , P6#l#pp#!e Pol#t#c$l L$%, 2//2 e&., pp. 2/921/)
Not : Aembers of the career service of the Civil Service who are appointed by the President may be directly disciplined by him ()#ll$lu v. H$l&#v$r, G.R. No. L22+04, ,ec. 31, 1960) provided that the same is for cause and in accordance with the procedure prescribed by law. Aembers of the Cabinet and such officers whose continuity in office depends upon the
but by the e.piration of their term. ('p$rr# v. C', G.R. No. L3//0+, =$!. 31, 1984)
%. POWER OF CONTROL AND SUPER)ISION Q: What is th !ow ( o" co#t(ol? A: Control is the power of an officer to alter or modify or nullify or to set aside what a subordinate has done in the performance of his duties and to substitute one;s own 1udgment for that of a subordinate.
Not : 'he President;s power over L/CCs comes not from the Constitution( but from statute. Fence( it may be ta)en away by statute. 'he President has full control of all the members of his Cabinet. Fe may appoint them as he sees fit( shuffle them at pleasure( and replace them in his discretion without any legal inhibition whatever. Fowever( such control is e.ercisable by the President only over the acts of his subordinates and not necessarily over the subordinate himself. ('!. '!.co v. C$"t#llo, G.R. No.L1+169, Nov. 3/, 1963)
ta)e effect. 'hus( being the agent of Congress and not of the President( the latter cannot alter( or modify or nullify( or set aside the findings of the Secretary of *inance and to substitute the 1udgment of the former for that of the latter.
Q: What is th
( aso# "o( th
alt (
4o
%oct(i# ? A: Since the President is a busy man( he is not e.pected to e.ercise the totality of his power of control all the time. Fe is not e.pected to e.ercise all his powers in person. Fe is e.pected to delegate some of them to men of his confidence( particularly to members of his Cabinet.
1. E? c$ti6 D !a(t2 #ts a#% O""ic s Q: Ca# D !a(t2 #t H a%s ? (cis !ow ( o" co#t(ol i# ' hal" o" th P( si% #t? A: Mes. 'he President;s power of control means his power to reverse the 1udgment of an inferior officer. It may also be e.ercised in his behalf by Iepartment Feads.
Not : 'he Sec. of Kustice may reverse the 1udgment of a prosecutor and direct him to withdraw an information already filed. /ne who disagrees( however( may appeal to the /ffice of the President in order to e.haust administrative remedies prior filing to the court.
0. Doct(i# o" Q$ali"i % Political A4 #c3 Q: What is th %oct(i# o" I$ali"i % !olitical a4 #c3 o( alt ( 4o !(i#ci!l ? A: It means that the acts of the secretaries of the %.ecutive departments performed and promulgated in the regular course of business are presumptively the acts of the Chief %.ecutive. ()#lle!$ v. 8ecret$r9 of t6e *!ter#or, G.R. No. L 460+/, 'pr#l 21, 1939) Q: What a( th %oct(i# ? A : 1. 2. If the acts are disapproved or reprobated by the President4 If the President is re3uired to act in person by law or by the Constitution. ?c !tio#s to th alt ( 4o
Q: Ca# th E? c$ti6 S c( ta(3 ( 6 (s th % cisio# o" a#oth ( % !a(t2 #t s c( ta(3? A: Mes. 'he %.ecutive Secretary when acting 6by authority of the President7 may reverse the decision of another department secretary. (L$c"o!7$.$ll$!e" Co., *!c. v. P$Go, G.R. No. L 2+811, Nov. 1+, 196+)
Not : In the case of 'b$F$&$ Guro v. -<ecut#ve 8ecret$r9, G.R. No. 168/06, 8ept. 1, 2//0, the SC held that the Secretary of *inance can act as an agent of the "egislative Iept. to determine and declare the event upon which its e.pressed will is to
9. Local ,o6 (#2 #t U#its Q: What is s$! (6isio#? th !ow ( o" 4 # (al
A: 'his is the power of a superior officer to ensure that the laws are faithfully e.ecuted by subordinates. 'he power of the President over "L5s is only of general supervision. 'hus( he can only interfere in the affairs and activities of a "L5
if he finds that the latter acted contrary to law. 'he President or any of his alter egos cannot interfere in local affairs as long as the concerned "L5 acts within the parameters of the law and the Constitution. ny directive( therefore( by the President or any of his alter egos see)ing to alter the wisdom of a law0conforming 1udgment on local affairs of a "L5 is a patent nullity( because it violates the principle of local autonomy( as well as the doctrine of separation of powers of the e.ecutive and the legislative departments in governing municipal corporations. (,$&ole v. CO', G.R. No. 12030/, ,ec. 3, 2//2) Q: Disti#4$ish co#t(ol "(o2 s$! (6isio#. A:
CONTROL n officer in control lays down the rules in the doing of an act. SUPER)ISION 'he supervisor or superintendent merely sees to it that the rules are followed( but he himself does not lay down supervisor such rules. does 'he not have the discretion to modify or replace them. If the rules are not observed( he may order the wor) done or re0 done but only to conform to the prescribed rules. (,r#lo! v. L#1, G.R. No. 11249+, 'u.. 4, 1994)
Not : <y ma)ing the President the Commander0in0Chief of all the armed
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If the rules are not followed( the officer in control may( in his discretion( order the act undone or re0 done by his subordinate or he may even decide to do it himself.
Not : 'he power of supervision does not include the power of control4 but the power of control necessarily includes the power of supervision.
. CO--ANDER=IN=CHIEF POWERS Q: What is th P( si% #tHs Co22a#% (=i#=Chi " !ow (s? A : 1. Co11$!& of t6e 'r1e& 4orce" 'he Commander0in0Chief clause vests on the President( as Commander0in0Chief( absolute authority over the persons and actions of the members of the armed forces. (Gu&$!# v. 8e!.$, G.R. No. 1+/160, 'u.. 10, 2//6) sco! o" th
forces( the principle announced in rt. II( Sec. III is bolstered. 'hus( the Constitution lessens the danger of a military ta)e0over of the government in violation of its republican nature. 'he President as Commander0in0Chief can prevent the rmy Leneral from appearing in a legislative investigation and( if disobeyed( can sub1ect him to court martial. (Gu&$!# v. 8e!.$, G.R. No. 1+/160, 'u.. 10, 2//6)
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2.
C$ll#!.out po%er" - Call the armed forces to prevent or suppress lawless violence( invasion( or rebellion. 'he only criterion for the e.ercise of this power is that whenever it becomes necessary.
Not : 'he declaration of a state of emergency is merely a description of a situation which authorizes her to call out the rmed *orces to help the police maintain law and order. It gives no new power to her( nor to the police. Certainly( it does not authorize warrantless arrests or control of media. (,$v#& v. -r1#t$, G.R. No. 1+14/9, 7$9 3, 2//6) 'he Constitution does not re3uire the President to declare a state of rebellion to e.ercise her calling out power grants. Section 1,( rticle 2II grants the President( as Commander0in0Chief a 6se3uence7 of 6graduated powers.7 (8$!l$F$" v. -<ecut#ve 8ecret$r9, G.R. No. 109/80, 4eb. 3, 2//4)
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8u"pe!"#o! of t6e pr#v#le.e of t6e %r#t of 6$be$" corpu"

Not : 6writ of 6$be$" corpu"7 is an order from the court commanding a detaining officer to inform the court if he has the person in custody( and what is his basis in detaining that person. 'he 6privilege of the writ7 is that portion of the writ re3uiring the detaining officer to show cause why he should not be tested. ?hat is permitted to be suspended by the President is not the writ itself but its privilege.
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5e 1$9 procl$#1 1$rt#$l l$% over t6e e!t#re P6#l#pp#!e" or $!9 p$rt t6ereof.
Q: What a( th ( I$isit s "o( th s$s! #sio# o" th !(i6il 4 o" th w(it o" habeas corpus? A : 1. 'here must be an invasion or rebellion 2. Public safety re3uires the suspension
Not : 'he invasion and rebellion must be actual and not merely imminent.
o" 2a(tial law. A : 1. 'here must be an invasion or rebellion( $ ! & 2. Public safety re3uires the proclamation of martial law all over the Philippines or any part thereof.
Q: Ca# th S$!( 2 Co$(t i#I$i( i#to th "act$al 'asis o" th s$s! #sio# o" th !(i6il 4 o" th w(it o" habeas corpus? A: Mes. 'he Supreme Court declared that it had the power to in3uire into the factual basis of the suspension of the privilege of the writ and to annul the same if no legal ground could be established. Fence( the suspension of the privilege of the writ is no longer a political 3uestion to be resolved solely by the President. (L$!"$!. v. G$rc#$, G.R. No. L33964, ,ec. 11, 19+1 )
Not : lso applies to the proclamation of martial law.
Q: Is th (i4ht to 'ail i2!ai( % i" th !(i6il 4 o" th w(it o" habeas corpus is s$s! #% %? A: 'he right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. (8ec. 13, 'rt. ***, 198+ Co!"t#tut#o!). Q: What a( th s$s! #sio# o" th habeas corpus? A : 1. pplies only to persons 1udicially charged for rebellion or offenses inherent in or directly connected with invasion4 and nyone arrested or detained during suspension must be charged within 3 days. /therwise( he should be released. th 4$i% li# s i# th % cla(atio# li2itatio#s o# th !(i6il 4 o" w(it o"
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Q: Stat
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,ur$t#o!8 Got more than $D days following which it shall be automatically lifted unless e.tended by Congress. ,ut9 of t6e Pre"#&e!t to report to Co!.re""8 within !, hours personally or in writing. 'ut6or#t9 of Co!.re"" to revoFe or e<te!& t6e effect#v#t9 of procl$1$t#o!8 by ma1ority vote of all of its members voting 1ointly.
Not : /nce revo)ed by Congress( the President cannot set aside the revocation.
Q: What a( th li2itatio#s o# th % cla(atio# o" 2a(tial law? A: Aartial law does not8 1. Suspend the operation of the Constitution4 2. Supplant the functioning of the civil courts or legislative assemblies4 3. uthorize conferment of 1urisdiction over civilians where civil courts are able to function4
Not : Civilians cannot be tried by military courts if the civil courts are open and functioning. (Ol$.uer v. 7#l#t$r9 Co11#""#o! No. 34, G.R. No. L04008, 7$9 22, 198+).
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utomatically suspend the privilege of the writ of 6$be$" corpu".
Not : ?hen martial law is declared( no new powers are given to the President4 no e.tension of arbitrary authority is recognized4 no civil rights of individuals are suspended. 'he relation of the citizens to their State is unchanged. Supreme Court cannot rule upon the correctness of the President;s actions but only upon its arbitrariness.
Q: What a( th wa3s to li"t th !(ocla2atio# o" 2a(tial law? A: 1. 2. 3. !. "ifting by the President himself Cevocation by Congress Gullification by the SC <y operation of law after $D days (8ec. 18, 'rt. )**)
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Q: Is th act$al $s o" th a(2 % "o(c s '3 th P( si% #t s$'E ct to E$%icial ( 6i w? A: Go. ?hile the suspension of the privilege of the writ of 6$be$" corpu" and the proclamation of martial law is sub1ect to 1udicial review( the actual use by the President of the armed forces is not. 'hus( troop deployments in times of war are sub1ect to the President;s 1udgment and discretion. (*:P v. H$1or$, G.R. No. 141284, 'u.. 10, 2///) Q: A( ! ac # 4otiatio#s with ( ' l 4(o$!s !a(t o" !( si% #tial !ow (? A: Mes. 'he President;s power to conduct peace negotiations is implicitly included in her powers as Chief %.ecutive and Commander0in0Chief. s Chief %.ecutive( the President has the general responsibility to promote public peace( and as Commander0 in0Chief( she has the more specific duty to prevent and suppress rebellion and lawless violence. (Prov#!ce of Nort6 Cot$b$to v. Gov;t of t6e Republ#c of t6e P6#l#pp#!e" Pe$ce P$!el o! '!ce"tr$l ,o1$#!, G.R. No. 183091, Oct. 14, 2//8). Q: -a3 th P( si% #t, i# th ? (cis o" ! ac # 4otiatio#s, a4( to !$(s$ ( "o(2s that wo$l% ( I$i( # w l 4islatio# a#% co#stit$tio#al a2 #%2 #ts, o( sho$l% th ( "o(2s ' ( st(ict % o#l3 to thos sol$tio#s which th !( s #t laws allow? A: If the President is to be e.pected to find means for bringing this conflict to an end and to achieve lasting peace in Aindanao( then she must be given the leeway to e.plore( in the course of peace negotiations( solutions that may re3uire changes to the Constitution for their implementation. So long as the President limits herself to recommending these changes and submits to the proper procedure for constitutional amendment and revision( her mere recommendation need not be construed as unconstitutional act. Liven the limited nature of the President;s authority to propose constitutional amendments( she cannot guarantee to any third party that the re3uired amendments will eventually
be put in place( nor even be submitted to a plebiscite. 'he most she could do is submit these proposals as
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recommendations either to Congress or the people( in whom constituent powers are vested. (Prov#!ce of Nort6 Cot$b$to v. Gov;t of t6e Republ#c of t6e P6#l#pp#!e" Pe$ce p$!el o! '!ce"tr$l ,o1$#!, G.R. No. 183091, Oct.14, 2//8)
". PARDONIN, POWER Q: What is th !$(!os o" cl 2 #c3? Ca# it ' % l 4at %? ? c$ti6
A8 %.ecutive clemency is granted for the purpose of relieving the harshness of the law or correcting mista)es in the administration of 1ustice. 'he power of e.ecutive clemency is a non0delegable power and must be e.ercised by the President personally.
Not : Clemency is not a function of the 1udiciary4 it is an e.ecutive function. 'he grant is discretionary( and may not be controlled by the legislature or reversed by the court( save only when it contravenes its limitations. 'he power to grant clemency includes cases involving administrative penalties. In granting the power of e.ecutive clemency upon the President( Sec. 1+( rt. 2II of the Constitution does not distinguish between criminal and administrative cases. If the President can grant pardons in criminal cases( with more reason he can grant e.ecutive clemency in administrative cases( which are less serious. 9"lamas v. /rbos( L.C. Go. ++D31( /ct. 1#( 1++1>
Q: What is th sco! o" th P( si% #tHs !a(%o#i#4 !ow (? ;Fo(2s o" ? c$ti6 cl 2 #c3< A8 'he President may grant the following8 P Pa R C R AQ 1. Pardons 9conditional or plenary> 2. Reprieves 3. Commutations !. R mission of fines and forfeitures #. Amnesty
Not : 'he first ! re3uire conviction by final 1udgment while amnesty does not.
Q: A( th ( li2itatio#s to th !a(%o#i#4 !ow (? A: It8 Mes.
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1.
Cannot be granted in cases of impeachment. 2. Cannot be granted for violations of election laws without favorable recommendations of the C/A%"%C. 3. Can be granted only after convictions by final 1udgment 9e.cept amnesty>. !. Cannot be granted in cases of civil or legislative contempt. #. Cannot absolve convict of civil liability. $. Cannot restore public offices forfeited. its l 4al
Not : 1udicial pronouncement that a convict who was granted a pardon sub1ect to the condition that he should not again violate any penal law is not
Q: What is !a(%o#? What a( "" cts?
A: Pardon is an act of grace which e.empts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. s a conse3uence( pardon granted after conviction frees the individual from all the penalties and legal disabilities and restores him to all his civil rights. <ut unless e.pressly grounded on the person;s innocence 9which is rare>( it cannot bring bac) lost reputation for honesty( integrity and fair dealing. (7o!"$!to v. 4$ctor$!, G.R. No. +8239, 4eb. 9, 1989)
Not : <ecause pardon is an act of grace( no legal power can compel the President to give it. Congress has no authority to limit the effects of the President;s pardon( or to e.clude from its scope any class of offenders. Courts may not in3uire into the wisdom or reasonableness of any pardon granted by the President.
Q: What a( th &i#%s o" !a(%o#? What 2a& s th 2 %i"" ( #t "(o2 ach oth (? A : 1. 2. 'b"olute p$r&o! 0 one e.tended without any conditions Co!&#t#o!$l p$r&o! 0 one under which the convict is re3uired to comply with certain re3uirements Ple!$r9 p$r&o! 0 e.tinguishes all the penalties imposed upon the offender( including accessory disabilities partial pardon does not e.tinguish all penalties P$rt#$l p$r&o! does not e.tinguish all the penalties
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necessary before he can be declared to have violated the condition of her pardon. (?orre" v. Go! $le", G.R. No. L+68+2, =ul9 23, 198+)
Q: Ca# a# o"" #% ( ( E ct !a(%o#? A: It depends. 1. Co!&#t#o!$l P$r&o! the offender has the right to re1ect it since he may feel that the condition imposed is more onerous than the penalty sought to be remitted. 2. 'b"olute P$r&o! 0 the pardonee has no option at all and must accept it whether he li)es it or not.
Not : In this sense( an absolute pardon is similar to commutation( which is also not sub1ect to acceptance by the offender. (Cru , P6#l#pp#!e Pol#t#c$l L$%, 2//2 e&., p. 232)
Q: -o# Da(a3a, th assista#t cit3 t( as$( ( o" Calooca#, was co#6ict % o" estafa th(o$4h "alsi"icatio# o" !$'lic %oc$2 #ts. How 6 (, h was 4(a#t % a# a'sol$t !a(%o#, !(o2!ti#4 hi2 to clai2 that h is #titl % to ' ( i#stat % to his "o(2 ( !$'lic o""ic . Is -o#Hs co#t #tio# t #a'l ? A: Go. Pardon does not #p"o f$cto restore a convicted felon neither to his former public office nor to his rights and privileges which were necessarily relin3uished or forfeited by reason of the conviction although such pardon undoubtedly restores his eligibility to that office. (7o!"$!to v. 4$ctor$!, G.R. No. +8239, 4eb. 9, 1989) Q: What is ( !(i 6 ? A: It is the postponement of sentence to a date certain( or stay of e.ecution.
Not : It may be ordered to enable the government to secure additional evidence to ascertain the guilt of the convict or( in the case of the e.ecution of the death sentence upon a pregnant woman( to prevent the )illing of her unborn child.
Q: What is co22$tatio#? A: It is the reduction or mitigation of the penalty( from death penalty to life imprisonment( remittances and fines. Commutation is a pardon
in form but not in substance( because it does not affect his guilt4 it merely reduces the penalty for reasons of public interest rather than for the sole benefit of the offender.
Not : Commutation does not have to be in any form. 'hus( the fact that a convict was released after $ years and placed under house arrest( which is not a penalty( already leads to the conclusion that the penalty has been shortened. Q: Ca# th
serving the minimum term of the indeterminate sentence penalty( without granting a pardon( prescribing
SC ( 6i w th co(( ct# ss o" th actio# o" th P( si% #t i# 4(a#ti#4 ? c$ti6 cl 2 #c3 '3 co22$ti#4 th ! #alt3 o" %is2issal, as ($l % '3 th Co$(t, to a %is2iss % cl (& o" co$(t? A: Mes. <y doing so( the SC is not deciding a political 3uestion. ?hat it is deciding is whether or not the President has the power to commute the penalty of the said cler) of court. s stated in ,$ $ v. 8#!."o!, G.R. No. 8++213/, ,ece1ber 21, 1989, it is within the scope of 1udicial power to pass upon the validity of the actions of the other departments of the Lovernment. Q: What ( 2issio#? is
A: Cemission of fines and forfeitures merely prevents the collection of fines or the confiscation of forfeited property. It cannot have the effect of returning property which has been vested in third parties or money already in the public treasury.
Not : 'he power of the President to remit fines and forfeitures may not be limited by any act of Congress. <ut a statue may validly authorize other officers( such as department heads or bureau chiefs( to remit administrative fines and forfeitures.
Q: What !(o'atio#?
is
A: It is a disposition under which a defendant after conviction and sentence is released sub1ect to conditions imposed by the court and to the supervision of a probation officer. Q: What !a(ol ? is a
A: 'he suspension of the sentence of a

A CADE-ICS CHAIR: "%S'%C K M " G %. *"/C%S II convict granted by a Parole <oard after )ICE CHAIRS FOR ACADE-ICS: O C%G K/M ,. S <5L/ P K/FG F%GCM C. A%GI/Q FOR A*=OUT AND D ESI,N : % C" 8"K /5I% A. A S"C )ICE CHAIRS HAIR FOR AL D-INISTRATION AND FINANCE % G%""% C. %% M 'F%%G C. A C'IG%Q
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the terms upon which the sentence shall be suspended. Q: What a2# st3? is
A: It is a grant of general pardon to a class of political offenders either after conviction or even before the charges are filed. It is the form of e.ecutive clemency which under the Constitution may be granted by the President only with the concurrence of the legislature.
Not : 'hus( the re3uisites of amnesty are 9a> concurrence of a ma1ority of all the members of Congress and 9b> a previous admission of guilt.
Q: What a(
th
"" cts o" th
4(a#t o"
a2# st3? A: Criminal liability is totally e.tinguished by amnesty4 the penalty and all its effects are thus e.tinguished. mnesty reaches bac) to the past and erases whatever shade of guilt there was. In the eyes of the law( a person granted amnesty is considered a new0born child. (Cru , P6#l#pp#!e Pol#t#c$l L$%, 2//2 e&., p. 23+) Q: Di"" ( #tiat a2# st3 "(o2 !a(%o#. A:
A-NEST* ddressed to Political offenses Lranted to a Class of Person Ce3uires concurrence of ma1ority of all members of Congress Public act to which the court may ta)e 1udicial notice of "oo)s bac)ward and puts to oblivion the offense itself Aay be granted before or after conviction Geed not be accepted
PARDON ddressed to /rdinary offenses Lranted to Individuals
Ioes not re3uire concurrence of Congress Private act which must be pleaded and proved "oo)s forward and relieves the pardonee of the conse3uence of the offense /nly granted after conviction by final 1udgment Aust be accepted
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4. DIPLO-ATIC POWERS c. Q: What a( th "o( i4# a""ai(s? P( si% #tHs !ow (s o6 ( d.
A: 'he President is the chief architect of foreign relations. <y reason of the PresidentRs uni3ue position as Fead of State( he is the logical choice as the nationRs spo)esman in foreign relations. 'he Senate( on the other hand( is granted the right to share in the treaty0ma)ing power of the President by concurring with him with the right to amend. Q: What is th sco! o" th "o( i4# ( latio#s !ow (s o" th P( si% #t? A: 'he President;s diplomatic powers include power to8 1. Gegotiate treaties and other international agreements. Fowever( such treaty or international agreement re3uires the concurrence of the Senate (8ec. 21, 'rt. )**) which may opt to do the following8 a. pprove with 2@3 ma1ority4 b. Iisapprove outright4 or c. pprove conditionally( with suggested amendments which if re0negotiated and the Senate;s suggestions are incorporated( the treaty will go into effect without need of further Senate approval. 2. 3. ppoint ambassadors( public ministers( and consuls. other
President may still e.ercise this power. 'he power to deport aliens is limited by the re3uirements of due process( which entitles the alien to a full and fair hearing. <ut8 the alien is not entitled to bail as a matter of right. (?$! 8#! v. ?6e ,eport$t#o! :o$r&, G.R. No. L 11011, Nov. 28, 1908)
Not : 'he ad1udication of facts upon which the deportation is predicated devolved on the President whose decision is final and e.ecutory. (?$! ?o!. v. ,eport$t#o! :o$r&, G.R. No. L+68/, 'pr#l 3/, 1900)
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Iecide that a diplomatic officer who has become per"o!$ !o! .r$t$ be recalled. Cecognize governments and withdraw recognition. (Cru , P6#l#pp#!e Pol#t#c$l L$%, 2//2 e&., p. 239)
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Q: Wh ( %o th P( si% #tHs %i!lo2atic !ow (s co2 "(o2? A: 'he e.tensive authority of the President in foreign relations in a government patterned after that of the 5S proceeds from 2 general sources8 1. 'he Constitution 2. 'he status of sovereignty a independence state.
Ceceive ambassadors and other public ministers accredited to the Philippines. (Cru , P6#l#pp#!e Pol#t#c$l L$%, 2//2 e&., p. 239). Contract and guarantee foreign loans on behalf of CP. (8ec. 2/, 'rt. )**). Ieport aliens8 a. 'his power is vested in the President by virtue of his office( sub1ect only to restrictions as may be provided by legislation as regards to the grounds for deportation. (8ec. 69, Rev#"e& '&1#!#"tr$t#ve Co&e). b. In the absence of any legislative restriction to authority( the
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Q: Who (ati"i s a t( at3? What is th sco! o" th !ow ( to co#c$( t( ati s a#% i#t (#atio#al a4( 2 #ts? A: 'he power to ratify is vested in the President sub1ect to the concurrence of Senate. 'he role of the Senate( however( is limited only to giving or withholding its consent or concurrence. Fence( it is within the authority of the President to refuse to submit a treaty to the Senate. lthough the refusal of a state to ratify a treaty which has been signed in his behalf is a serious step that should not be ta)en lightly( such decision is within the competence of the President alone( which cannot be encroached upon by the
#.
Court via a writ of mandamus. (P#1e!tel v. -r1#t$, G.R. No. 1649+8, Oct. 13, 2//0)
Not : 'he power of the Senate to give its concurrence carries with it the right to introduce amendments to a treaty. If the President does not agree to any amendments or reservations added to a treaty by the Senate( his only recourse is to drop the treaty entirely. <ut if he agrees to the changes( he may persuade the other nation to accept and adopt the modifications.
A: 1. 2. uthority to impound given to the President either e.pressly or impliedly by Congress 'he e.ecutive power drawn from the President;s role as Commander0in0 Chief *aithful %.ecution clause
Not : Proponents of impoundment insist that a faithful e.ecution of the laws re3uires that the President desist from implementing the law if doing so would pre1udice public interest. n e.ample given is when through efficient and prudent management of a pro1ect( substantial savings are made. In such a case( it is sheer folly to e.pect the President to spend the entire amount budgeted in the law. (P5*LCON8' v. -!r#3ue , G.R. No. 1131/0, 'u.. 19, 1994)
3.
h. /UD,ETAR* POWER Q: What is '$%4 ta(3 !ow (? A: ?ithin 3D days from opening of every regular session( the President shall submit to Congress a budget of e.penditures and sources of financing( including receipts from e.isting and proposed revenue measures. (8ec. 22, 'rt. )**).
Not : 'his power is properly entrusted to the President as it is the President who( as chief administrator and enforcer of the laws( is in the best position to determine the needs of the government and propose the corresponding appropriations therefor on the basis of e.isting or e.pected sources of revenue.
i. RESIDUAL POWER Q: What a( ( si%$al !ow (s? A: ?hatever power inherent in the government that is neither legislative nor 1udicial has to be e.ecutive. 'hese unstated re"#&u$l po%er" are implied from the grant of e.ecutive power and which are necessary for the President to comply with his duties under he Constitution. (7$rco" v. 7$!.l$pu", G.R. No. 88211, Oct. 2+, 1989)
Not : Cesidual powers are those not stated or found in the Constitution but which the President may validly e.ercise.
E. I2!o$#%2 #t Pow (
Q: What !ow (?
is
i2!o$#%2 #t
A: Impoundment refers to the refusal of the President( for whatever reason( to spend funds made available by Congress. It is the failure to spend or obligate budget authority of any type. Q: What a( th !(i#ci!al so$(c s o" this !ow (?
JUDICIAL DEPARTMENT
E. +UDICIAL DEPART-ENT a. +UDICIAL POWER Q: What is E$%icial !ow (? A: Includes the duty of the courts of 1ustice to settle actual controversies involving rights which are legally demandable and enforceable( and to determine whether or not there has been a grave abuse of discretion amounting to lac) or e.cess of 1urisdiction on the part of any branch or instrumentality of the Lovernment. (8ec. 1A2B, 'rt. )***) Q: I# what 'o%3 is it 6 st %? A: It is vested in one Supreme Court 9SC> and such lower courts as may be established by law. (8ec. 1, 'rt. )***) Q: Disti#4$ish E$sticia'l !olitical I$ stio#s.
+USTICIA/ LE Imply QUESTION a given right legally demandable and enforceable( an act or omission violative of such right( and a remedy granted and sanctioned by law for said breach of right
3ualified( conditional or sub1ect to limitations( the issue of whether the prescribed 3ualifications or conditions have been met or the limitations respected is 1usticiableEthe problem being one of legality or validity( not its wisdom. Aoreover( the 1urisdiction to delimit constitutional boundaries has been given to the SC. ?hen political 3uestions are involved( the Constitution limits the delimitation as to whether or not there has been a grave abuse of discretion amounting to lac) or e.cess of 1urisdiction on the part of the official whose action is being 3uestioned.
Not : 'he courts cannot be as)ed for advisory opinions.
Q8 Ca# E$%icial !ow ( ' sha( %? A: Go. 'he 5S SC declared that 1udicial power cannot be shared( as the powers of the legislature and e.ecutive cannot also thereby be shared. (28 v. N#<o!, 418 28 683 41 Le& 2& 1/39, 94 8C t 3/9/, 19+4) Q: What is th i#I$i(3? !ow ( o" E$%icial
I$ stio#s "(o2
A :
POLITICAL QUESTIONS Suestions which involve the policy or the wisdom of the law or act( or the morality or efficacy of the same. Lenerally it cannot be in3uired by the courts. *urther( these are 3uestions which under the Constitution8 a. re decided by the people in their sovereign capacity4 and b. ?here full discretionary authority has been delegated either to the e.ecutive or legislative % "i#itio# o" E$%icial department.
A: It is the power of the court to in3uire into the e.ercise of discretionary powers to determine whether there is grave abuse of discretion amounting to lac) or e.cess of 1urisdiction. It is the power of the court to determine the validity of government acts in conformity with the Constitution. concept of 1udicial review. 5nder the e.panded definition( the Court cannot agree that the issue involved is a political 3uestion beyond the 1urisdiction of the court to review. ?hen the grant of power is
Q: How %o s th !ow ( $#% ( th !( s #t Co#stit$tio# a"" ct th !olitical I$ stio# %oct(i# ? A: 'he 1+,& Constitution e.pands the
JUDICIAL DEPARTMENT
'. +UDICIAL RE)IEW Q: What is th ( 6i w? !ow ( o" E$%icial
A: 'he power of the SC to declare a law( treaty( ordinance and other governmental act unconstitutional. Q: What a( th ( I$isit s o" E$%icial ( 6i w? A: 1. 'ctu$l c$"e - an e.isting case or controversy which is both ripe for resolution and susceptible of 1udicial determination( and that which is not con1ectural or anticipatory( or that which see)s to resolve hypothetical or feigned constitutional problems.
Not : petition raising a constitutional 3uestion does not present an 6actual controversy7 unless it alleges a legal right or power. Aoreover( it must show that a conflict of rights e.ists( for inherent in the term 6controversy7 is the presence of opposing
views or contentions. 'he controversy must also be 1usticiable4 that is( it must be susceptible of 1udicial determination. (*:P v. 5o!. Ro!$l&o :. H$1or$, G.R. No. 141284, 'u.. 10, 2///)
Not : 'he earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent court that can resolve the same( such that( if not raised in the pleadings( it cannot be
2. Proper p$rt9 - one who has sustained or is in immediate danger of sustaining an in1ury as a result of the act complained of. ,R: If there is no actual or potential in1ury( complainant has no legal personality to raise Constitutional 3uestions >PN: If the 3uestion is of transcendental importance
Not : 'he Principle 'ranscendental Importance is determined by8 of
a. 'he character of the funds or other assets involved in the case4 b. 'he presence of a clear case of disregard of a constitutional or statutory prohibition by the public respondent agency or instrumentality of the government4 c. 'he lac) of any other party with a more direct and specific interest in raising the 3uestions being raised. (4r$!c#"co, =r. v. 5ou"e of Repre"e!t$t#ve", G.R. No. 16/261, Nov. 1/, 2//3)
3.
-$rl#e"t opportu!#t9 - Constitutional 3uestion must be raised at the earliest possible opportunity. If not raised in pleadings( it cannot be considered in trial and on appeal. Fowever( such is not absolute. It is sub1ect to the following conditions8 a. Cr#1#!$l c$"e - it may be brought at any stage of the proceedings according to the discretion of the 1udge 9trial or appeal> because no one shall be brought within the terms of the law who are not clearly within them and the act shall not be punished when the law does not clearly punish them. b. C#v#l c$"e - it may be brought anytime if the resolution of the Constitutional issue is inevitable in resolving the main issue. c. ?hen the 1urisdiction of the lower court is in 3uestion e.cept when there is e"toppel
considered in trial and( if not considered in trial( it cannot be considered on appeal. 'he /mbudsman has no 1urisdiction to entertain 3uestions regarding constitutionality of laws. 'hus( when the issue of constitutionality a law was raised before the Court of ppeals 9C >( which is the competent court( the constitutional 3uestion was raised at the earliest opportune time. (-"t$r#C$ v. R$!$&$, G.R. No. 109314, =u!e 26, 2//6) 'he G"CC;s foremost function is to administer and enforce C. . Go. ,D!2( and not to in3uire into the validity of its provisions. 'herefore( even if the issue on the constitutionality of the sub1ect clause was first raised( not in petitionerRs appeal with the G"CC( but in his Aotion for Partial Ceconsideration with said labor tribunal( and reiterated in his Petition for Cert#or$r# before the C ( the issue is deemed seasonably raised because it is not the G"CC but the C which has the competence to resolve the constitutional issue. (8err$!o v. NLRC, G.R. No. 16+614, 7$r. 29, 2//9)
A: Go. 'he Court( as the highest court of the land( may be guided but is not controlled by precedent. 'hus( the Court( especially with a new membership( is not obliged to follow blindly a particular decision that it determines( after re0
!.
Nece""#t9 of &ec#&#!. co!"t#tut#o!$l 3ue"t#o!" @ as a 1oint act of the legislative and e.ecutive authorities( a law is supposed to have been carefully studied and determined to be constitutional before it was finally enacted. s long as there are other bases which courts can use for decision( constitutionality of the law will not be touched.
Q: What a( th ( I$isit s ' "o( a law ca# ' % cla( % !a(tiall3 $#co#stit$tio#al? A : 1. 'he legislature must be willing to retain valid portion 9separability clause> 2. 'he valid portion can stand independently as law Q: What is th P(i#ci!l o" $tare ecisis? A: principle underlying the decision in one case is deemed of imperative authority( controlling the decisions of li)e cases in the same court and in lower courts within the same 1urisdiction( unless and until the decision in 3uestion is reversed or overruled by a court of competent authority. (,e C$"tro v. =:C, G.R. No. 191//2, 'pr. 2/, 2/1/) Q: Is th SC o'li4 % to "ollow !( c % #ts?
e.amination( to call for a rectification. (,e C$"tro v. =:C, G.R. No. 191//2, 'pr#l 2/, 2/1/) Q: > "il % a ! titio# to s t asi% th awa(% o" th DTE=DOTC /(oa%'a#% D al. Th OS, o!!os % th ! titio# o# th 4(o$#% that th L 4al S (6ic o" th DOTC has i#"o(2 % it o" th Phili!!i# ,o6 (#2 #tHs % cisio# #ot to co#ti#$ with th DTE=N/N P(oE ct. That sai% th ( is #o 2o( E$sticia'l co#t(o6 (s3 "o( th co$(t to ( sol6 . H #c , th OS, clai2 % that th ! titio# sho$l% ' %is2iss %. > co$#t ( % '3 sa3i#4 that % s!it th 2oot# ss, th Co$(t 2$st # 6 (th l ss ta& co4#i5a#c o" th cas a#% ($l o# th 2 (its %$ to th Co$(tHs s32'olic "$#ctio# o" %$cati#4 th ' #ch a#% th 'a( '3 "o(2$lati#4 4$i%i#4 a#% co#t(olli#4 !(i#ci!l s, !( c !ts, %oct(i# s, a#% ($l s. D ci% . A: 'he /SL is correct. 'he petition should be dismissed for being moot. Kudicial power presupposes actual controversies( the very antithesis of mootness. In the absence of actual 1usticiable controversies or disputes( the Court generally opts to refrain from deciding moot issues. ?here there is no more live sub1ect of controversy( the Court ceases to have a reason to render any ruling or ma)e any pronouncement. (8upl#co v. N-,', G.R. No". 1+883/, =ul9 14, 2//8) Q: What a( th "$#ctio#s o" E$%icial ( 6i w? A: 1. C6ecF#!. - invalidating a law or e.ecutive act that is found to be contrary to the Constitution 2. Le.#t#1# #!. - upholding the validity of the law that results from a mere dismissal of a case challenging the validity of the law
Not : Cule on double negative8 uses the term 6not unconstitutional74 the court cannot declare a law constitutional because it already en1oys a presumption of constitutionality.
the power of review over 1usticiable issues in impeachment proceedings (4r$!c#"co, =r. v. 5ou"e
3. 891bol#c - to educate the bench and bar as to the controlling principles and concepts on matters of grave public importance for the guidance of and restraint upon the future (*.ot v. CO7-L-C, G.R. No. L302240, =$!. 22, 198/) Q: What is th ?t #t o" !ow ( o" E$%icial ( 6i w i# i2! ach2 #t !(oc %i#4s? A: 'he power of 1udicial review includes
of Repre"e!t$t#ve", G.R. No. 16/261, Nov. 1/, 2//3). Q: What is R lati6 Co#stit$tio#alit3? th Doct(i# o"
A: 'he constitutionality of certain rules may depend upon the times and get affected by the changing of the seasons. classification that might have been perfectly alright at the time of its inception may be considered dubious at a later time. 0. O! (ati6 Fact Doct(i# Q: What is 2 a#t '3 th o! (ati6 "act
%oct(i# ? A: It is a rule of e3uity. 5nder this doctrine( the law is recognized as unconstitutional but the effects of the unconstitutional law( prior to its declaration of nullity( may be left undisturbed as a matter of e3uity and fair play. (Le$.ue of C#t#e" of t6e P6#l#pp#!e" v. CO7-L-C, G.R. No. 1+6901, Nov. 18, 2//8) Q: Will th i#6ocatio# o" this %oct(i# a# a%2issio# that th law is $#co#stit$tio#al? A: Mes. (Le$.ue of C#t#e" of t6e P6#l#pp#!e" v. CO7-L-C, G.R. No. 1+6901, Nov. 18, 2//8) 1. -oot Q$ stio#s Q: What a( 2oot I$ stio#s? A: Suestions whose answers cannot have any practical legal effect or( in the nature of things( cannot be enforced. (:$l&o, =r. v. CO7-L-C, G.R. No. 1+6130, =u!e 16, 2//9) Q: Wh # is aca% 2ic? a cas 2oot a#%
A: It is moot and academic when it ceases to present a 1usticiable controversy by virtue of supervening events so that a declaration thereon would be of no practical use or value. Q: Sho$l% co$(ts % cli# 2oot a#% aca% 2ic cas s? E$(is%ictio# o6 (
A: ,R: 'he courts should decline 1urisdiction over such cases or dismiss it on ground of mootness. >PNs: 1. 'here is Constitution a grave violation of the
2. 'here is an e.ceptional character of the situation and the paramount public interest is involved 3. ?hen the constitutional issue raised re3uires formulation of controlling principles to guide the bench( the bar( and the public !. 'he case is capable of repetition yet evading review. (,$v#& v. 'rro9o, G.R. No. 1+1396, 7$9 3, 2//6) 9. Political Q$ stio# Q: What is 2 a#t '3 th !olitical I$ stio# %oct(i# ? A: 'he doctrine means that the power of 1udicial review cannot be e.ercised when the issue is a political 3uestion. It constitutes another limitation on such power of the 1udiciary. Q: What I$ stio#s? a( !olitical $.
discipline 1udges@1ustices of inferior courts 'he members of the 1udiciary en1oy security of tenure (8ec. 2 A2B, 'rt. )***, 198+ Co!"t#tut#o!)
" G C%G
K/M ,. S
<5L/
P K/FG
A: 'hose 3uestions which( under the Constitution( are to be decided by the people in their sovereign capacity( or in regard to which full discretionary authority has been delegated to the legislative or e.ecutive branch of the government. (?$G$&$ v. Cue!co, G.R. No. L1/02/, 4ebru$r9 28, 190+) c. +UDICIAL SAFE,UARDS INDEPENDENCE
Q: What a( th co#stit$tio#al sa" 4$a(%s that 4$a(a#t i#% ! #% #c o" th E$%icia(3? A : 1. 2. 3. 'he SC is a constitutional body and may not be abolished by law Aembers are by impeachment only removable
'he SC may not be deprived of its minimum and appellate 1urisdiction4 appellate 1urisdiction may not be increased without its advice or concurrence 'he SC has administrative supervision over all inferior courts and personnel
P
!.
#. 'he has e.clusive )ICE CHAIR FOR ASC D-INISTRATION AND FINANCE8 Kpower % G%""% C.to "%% )ICE CHAIRS FOR LA*=OUT AND DESI,N: % C" "/5I% A. A S C M 'F%%G C. A C'IG%Q
&.
'he members of the 1udiciary may not be designated to any agency performing 3uasi01udicial or administrative functions ,. 'he salaries of 1udges may not be reduced4 the 1udiciary en1oys fiscal autonomy (8ec. 3, 'rt. )***, 198+ Co!"t#tut#o!)
+. 1D.
'he SC alone may initiate the promulgation of the Cules of Court 'he SC alone may order temporary detail of 1udges
11. 'he SC can appoint all officials and employees of the Kudiciary. (N$c6ur$, Rev#e%er #! Pol#t#c$l L$%, pp. 31/311) Q: What %o s th 2a#%at o" th Co#stit$tio# that th E$%icia(3 shall #Eo3 "iscal a$to#o23 co#t 2!lat ? A: In :e!. o! v. ,r#lo!, G.R. No. 1/3024, 'pr#l 10, 1992( the SC e.plained that fiscal autonomy contemplates a guarantee of full fle.ibility to allocate and utilize resources with the wisdom and dispatch that the needs re3uire. It recognizes the power and authority to deny( assess and collect fees( fi. rates of compensation not e.ceeding the highest rates authorized by law for compensation and pay plans of the government and allocate and disburse such sums as may be provided by law or prescribed by it in the course of the discharge of its functions. %. +UDICIAL RESTRAINT Q: What %o s th R st(ai#t 2 a#? P(i#ci!l o" +$%icial
A: It is a theory of 1udicial interpretation that encourages 1udges to limit the e.ercise of their own power. 'he common0law principle of 1udicial restraint serves the public interest by allowing the political processes to operate without undue interference. (8#!$c$ v" 7ul$, G.R. No. 130691, 8epte1ber 2+, 1999) In terms of legislative acts( the principle of 1udicial restraint means that every intendment of the law must be ad1udged by the courts in favor of its constitutionality( invalidity being a measure of last resort. In construing therefore the provisions of a statute( courts must first ascertain whether an interpretation is fairly possible to sidestep the 3uestion of constitutionality. (-"tr$&$ v.
G
61
P
8$!&#.$!b$9$!, Nove1ber 19, 2//1 )
G.R.
No.
14806/,
however( e.ercise such functions as the SC may assign to it. Q: How lo#4 ca# 2 2' (s o" th SC a#% E$%4 s hol% o""ic ? A: Aembers of the SC and 1udges of lower courts can hold office during good behavior until8 1. 'he age of &D years old4 or 2. 'hey become incapacitated to discharge their duties.
'he doctrine of separation of powers imposes upon the courts proper restraint born of the nature of their functions and of their respect for the other departments in stri)ing down acts of the legislature as unconstitutional. (4r$!c#"co, =r. v. ?6e 5ou"e of Repre"e!t$t#ve", G.R. No. 16/261, :ello"#llo =., 8ep$r$te Op#!#o!, Nove1ber 1/, 2//3 ) . APPOINT-ENTS TO THE +UDICIAR* Q: How a( 2 2' (s o" th E$%icia(3
a!!oi#t %? A: 'he members of the 1udiciary are appointed by the President of the Philippines from among a list of at least three nominees prepared by the Kudicial and <ar Council 9K<C> for every vacancy.
Not : 'he appointment shall need confirmation by the Commission ppointments. (8ec. 9, 'rt. )***) no on
Q: Do s th !(ohi'itio# a4ai#st 2i%#i4ht a!!oi#t2 #ts ;S c. 0:, A(t. )II = two 2o#ths i22 %iat l3 ' "o( th # ?t !( si% #tial l ctio#s a#% $! to th #% o" his t (2, a P( si% #t o( acti#4 P( si% #t shall #ot 2a& a!!oi#t2 #ts ?c !t t 2!o(a(3 a!!oi#t2 #ts to ? c$ti6 !ositio#s wh # co#ti#$ % 6aca#ci s th ( i# will !( E$%ic !$'lic s (6ic o( #%a#4 ( !$'lic sa" t3< a"" ct a!!oi#t2 #ts to th S$!( 2 Co$(t? A: It does not. 'he prohibition under Sec. 1#( rt. 2II does not apply to appointments to fill a vacancy in the SC. (,e C$"tro v. =:C, G.R. No. 191//2, 7$r. 1+, 2/1/) Q: What a( th 4 # (al I$ali"icatio#s "o( a!!oi#t2 #ts to th E$%icia(3? A: /f proven competence( integrity( probity and independence (8ec. + A3B, 'rt. )***) Q: What a( th I$ali"icatio#s a!!oi#t2 #ts to th SC? A : "o(
2acancies in the SC should be filled within +D days from the occurrence of the vacancy. 2acancies in lower courts should be filled within +D days from submission to the President of the K<C list. 'he filling of the vacancy in the Supreme Court within the +D day period is an e.ception to the prohibition on midnight appointments of the president. 'his means that even if the period falls on the period where the president is prohibited from ma)ing appointments 9midnight appointments>( the president is allowed to ma)e appointments to fill vacancies in the Supreme Court. (,e C$"tro v. =:C, G.R. No. 191//2, 'pr. 2/, 2/1/)
Q: What is th co2!ositio# o" th +/C? A: 'he K<C is composed of8 1. Chief Kustice( as e<off#c#o chairman 2. Secretary of Kustice( as an e< off#c#o member 3. Cepresentative of Congress( as an e< off#c#o member
!. Cepresentative of the Integrated <ar #. professor of law $. retired member of the SC &. Private sector representative Q: What a( th "$#ctio#s o" th +/C? A: 'he principal function of the K<C is to recommend appointees to the 1udiciary. It may(
1. 2. 3.
Gatural born citizen of the Philippines4 t least !D years of age4 1udge of a lower court or engaged in the practice of law in the Philippines for 1# years or more (8ec. + A1B, 'rt. )***)
Q: What a( th I$ali"icatio#s "o( a!!oi#t2 #ts to low ( coll 4iat co$(ts? A: 1. 2. Gatural born citizen of the Philippines Aember of the Philippine <ar
Not : Congress may prescribe other 3ualifications. (8ec. + A1B $!& A2B, 'rt. )***)
Q: What a( th I$ali"icatio#s "o( a!!oi#t2 #ts to low ( co$(ts?
A: 1. 2. Citizen of the Philippines Aember of the Philippine <ar 1. P(oc %$(al R$l =-a&i#4 Pow ( Q: What is th sco! o" th ($l 2a&i#4 !ow ( o" th SC? A: Promulgate rules concerning8 1. 'he protection and enforcement of constitutional rights 2. Pleadings( practice and procedure in all courts 3. dmission to the practice of law !. 'he Integrated <ar #. "egal assistance to the underprivileged Q: What a( th li2itatio#s o# its ($l 2a&i#4 !ow (? A:
Not : Congress may prescribe other 3ualifications. (8ec. + A1B $!& A2B, 'rt. )***)
". SUPRE-E COURT 0. En *anc a#% Di6isio# Cas s Q: What a( th cas s that sho$l% ' h a(% '3 th SC en banc? A: 1. ll cases involving the constitutionality of a treaty( international or e.ecutive agreement( or law4 2. ll cases which under the Cules of Court may be re3uired to be heard en banc4 3. ll cases involving the constitutionality( application or operation of presidential decrees( proclamations( orders( instructions( ordinances( and other regulations4 !. Cases heard by a division when the re3uired ma1ority in the division is not obtained4 #. Cases where the SC modifies or reverses a doctrine or principle of law previously laid either en banc or in division4 $. dministrative cases involving the discipline or dismissal of 1udges of lower courts4 &. %lection vice0 president . contests for president or
Go law shall be passed increasing the appellate 1urisdiction of the SC as provided in the Constitution without its advice and concurrence. (8ec. 3/, 'rt. )*)
Not : /ther cases or matters may be heard in division( and decided or resolved with the concurrence of a ma1ority of the members who actually too) part in the deliberations on the issues and voted thereon( but in no case without the concurrence of at least three such members. Congress shall have the power to define( prescribe and apportion the 1urisdiction of the various courts but may not deprive the SC of its 1urisdiction over cases enumerated in Sec. #( rt. 2II( 1+,& Constitution .
UNI)ERSIT*
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1. It should provide a simplified and ine.pensive procedure for the speedy disposition of cases. 2. It should be uniform for all courts of the same grade. 3. It should not diminish( increase( or modify substantive rights. 4. AD-INISTRATI)E SUPER)ISION O)ER LOWER COURTS Q: Who hol%s th !ow ( o" %isci!li#a(3 actio# o6 ( E$%4 s o" low ( co$(ts? A : 1. /nly the SC e! b$!c has 1urisdiction to discipline or dismiss 1udges of lower courts. 2. ,#"c#pl#!$r9 $ct#o!L&#"1#""$l - ma1ority vote of the SC Kustices who too) part in the deliberations and voted therein (8ec. 11, 'rt. )***)
Not : 'he Constitution provides that the SC is given e.clusive administrative supervision over all courts and 1udicial personnel.
Q: Do s th CSC ha6 E$(is%ictio# o6 ( a# 2!lo3 o" th E$%icia(3 "o( acts co22itt % whil sai% 2!lo3 was still i# th ? c$ti6 '(a#ch? A: Go. dministrative 1urisdiction over a court employee belongs to the SC( regardless of whether the offense was committed before or after employment in the Kudiciary. ('1po!. v. C8C, G.R. No. 16+916, 'u.. 26, 2//8)
UNI)ERSIT*
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F. CONSTITUTIONAL CO--ISSIONS Q: What a( th Co#stit$tio#al Co22issio#s? A: 1. Civil Service Commission 9CSC> 2. Commission on %lections 9C/A%"%C> 3. Commission on udit 9Co >
Not : 'he CSC( C/A%"%C( and Co are e3ually pre0 eminent in their respective spheres. Geither one may claim dominance over the others. In case of conflicting rulings( it is the Kudiciary( which interprets the meaning of the law and ascertains which view shall prevail 9C8C v. Pobre, G.R. No. 16/0/8, 8ept. 10, 2//4 >
be removed e.cept by impeachment $. Chairmen and members may not be reappointed or appointed in an acting capacity &. Salaries of chairmen and members are relatively high and may not be decreased during continuance in office ,. Commissions en1oy fiscal autonomy
Q: Disc$ss Co#stit$tio#al Co22issio #.
th
c( atio#
o"
th
A: 'he creation of the Constitutional Commissions is established in the Constitution because of the e.traordinary importance of their functions and the need to insulate them from the undesired political interference or pressure. 'heir independence cannot be assured if they were to be created merely by statute.
0.
INSTITUTIONAL
INDEPENDENCE What a( th
SAFE,UARDS Q:
4$a(a#t s o" i#% ! #% #c !(o6i% % "o( '3 th Co#stit$tio# th 9 Co22issio# s? A : 1. 2. 3. !. #.
to
'hey are constitutionally0created4 may not be abolished by statute %ach is conferred certain powers and functions which cannot be reduced by statute %ach is e.pressly described as independent Chairmen and members are given fairly long term of office for & years Chairmen and members cannot
+.
%ach commission may promulgate its own procedural rules 1D. Chairmen and members are sub1ect tocertian dis3ualifications calculated to strengthen their integrity 11. Commissions may appoint their own officials and employees in accordance with Civil Service "aw
Not : 'he Supreme Court held that the 6no report( no release7 policy may not be validly enforced against offices vested with fiscal autonomy( without violating Sec. #( rt. IJ0 of the Constitution. 'he automatic release of approved annual appropriations to a Constitutional Commission vested with fiscal autonomy should thus be construed to mean that no condition to fund releases may be imposed. (C8C v. ,:7, G.R. No. 108+91, =ul9 22, 2//0)
Q: What a( th !(ohi'itio#s a#% i#hi'itio#s attach % to th o""ic (s o" Co#stit$tio#al Co22issio#s? A: Go member of a Constitutional Commission shall( during his tenure8 1. 2. 3. Fold any other office or employment %ngage in the practice of any profession %ngage in the active management and control of any business which in any way may be affected by the function of his office <e financially interested( directly or indirectly( in any contract with( or in any franchise or privilege granted by the Lovernment( any of its subdivisions( agencies or instrumentalities( including L/CCs or their subsidiaries
!.
Q: Disc$ss th certiorari E$(is%ictio# o" th SC o6 ( th s Co22issio#s. A: Proceedings are limited to issues involving grave abuse of discretion resulting in lac) or e.cess of 1urisdiction and does not ordinarily empower the Court to review the factual findings of the Commissions. ('r$tuc v. CO7-L-C, G.R. No. L49+/0/9, 4eb. 8, 19+9) Q: What a( th ( I$isit s "o( th "" cti6 o! (atio# o" th (otatio#al sch 2 o" t (2s o" co#stit$tio#al 'o%i s?
CONSTITUTIONAL COMMISSIONS
A: 1. 'he original members of the Commission shall begin their terms on a common date ny vacancy occurring before the e.piration of the term shall be filled only for the balance of such term. 9Republ#c v. *1per#$l, G.R. No. L8684, 7$r. 31, 1990> the government( it8 1. %stablishes a career service 2. dopts measures to promote morale( efficiency( integrity( responsiveness(
2.
Q: Disc$ss th % cisio#=2a&i#4 !(oc ss i# th s Co22issio#s. A: 1. %ach Commission shall decide matter or cases by a ma1ority vote of all the members within $D days from submission. a. b. C/A%"%C may sit e! b$!c or in 2 divisions. %lection cases( including pre0 proclamation controversies are decided in division( with motions for reconsideration filed with the C/A%"%C e! b$!c. 'he SC has held that a ma1ority decision decided by a division of the C/A%"%C is a valid decision.
c.
2.
s collegial bodies( each Commission must act as one( and no one member can decide a case for the entire commission
Q: Disc$ss th ($l o# a!! als. A: 1. Iecisions(
orders or rulings the C/A%"%C@Co may be brought on cert#or$r# to the SC under Cule $#.
of
2. Iecisions( orders or rulings of the CSC should be appealed to the C under Cule !3. 1. CONCEPTS CO-POSITIONS AND FUNCTIONS a. CI)IL SER)ICE CO--ISSION Q: What a( th "$#ctio#s o" th CSC? A: s the central personnel agency of
CONSTITUTIONAL COMMISSIONS
3. !. #. progressiveness and courtesy in the Civil Service Strengthens the merits and rewards system Integrates all human resources and development programs for all levels and ran)s Institutionalizes a management climate conducive to public accountability 98ec. 3, 'rt. *(:> CO-ELEC?
Q: What is th co2!ositio# o" th CSC? A: 1. 1 Chairman 2. 2 Commissioners Q: What a( th I$ali"icatio#s o" th CSC Co22issio# (s? A : 1. 2. 3. !. Gatural0born citizens of the Philippines t least 3# years old at the time of their appointments ?ith proven capacity for public administration Got candidates for any elective position in the elections immediately preceding their appointment ppointees by the President to the CSC need Commission on ppointments; confirmation
#.
Q: What is th t (2 o" o""ic o" th CSC Co22issio# (s? A: & years 9e.cept for the 1 appointees where the Chairman has & years( 1 Commissioner has # years while another has 3 years>. Q: What is th 2 a#i#4 4$a(a#t o" s c$(it3 o" t #$( ? a#%
st
A: ccording to P$l1er$ v. C8C, G.R. No. 11/168, 'u.. 4, 1994, security of tenure means that no officer or employee in the Civil Service shall be suspended or dismissed e.cept for cause as provided by law and after due process.
Not : It guarantees both procedural and substantive due process.
'. CO--ISSION ON ELECTIONS Q: What is th co2!ositio# o" th
A : 1. 2. 1 Chairman $ Commissioners
an election( plebiscite( initiative( referendum( and recall. 2. -< erc #"e: a. %.clusive original 1urisdiction over all contests relating to the election( returns and 3ualifications of all elective8
Q: What a( th I$ali"icatio#s o" th CO-ELEC Co22issio# (s? A : 1. Gatural0born citizens of the Philippines 2. t least 3# years old at the time of their appointments 3. College degree holder !. Got a candidate for any elective position in the elections immediately preceding their appointment #. Aa1ority( including the chairman( must be members of the Philippine <ar who have been engaged in the practice of law at least 1D years. (8ec. 1, 'rt. *(C) Q: What is th t (2 o" o""ic CO-ELEC Co22issio# (s? o" th
A: Seven 9&> years without re0appointment. If however( the appointment was $& #!ter#1, a subse3uent renewal of the appointment does not violate the prohibition on re0appointments because no previous appointment was confirmed by the C . *urthermore( the total term of both appointments must not e.ceed the &0year limit. 97$t#b$. v. :e!#p$9o, G.R. No. 149/36, 'pr. 2, 2//2 > Q: -a3 th P( si% #t % si4#at a 2 2' ( o" th CO-ELEC as acti#4 Chai(2a#? E?!lai#. A: Go 'he Constitution says that in no case shall any member be appointed or designated in a temporary or acting capacity. 'he designation by the President violates the independence of the C/A%"%C. (8ec. 1A2B, 'rt. *(:, C, ,). Q: What a( th co#stit$tio#al !ow (s a#% "$#ctio#s o" th CO-ELEC? A : 1.
-!force $!& $&1#!#"ter all laws and regulations relative to the conduct of
i. Cegional ii. Provincial iii. City officials b. %.clusive appellate 1urisdiction over all contests involving8 i. %lective municipal officials decided by trial courts of general 1urisdiction ii. %lective barangay officials decided by courts of limited 1urisdiction. c. Contempt powers i. C/A%"%C can e.ercise this power only in relation to its ad1udicatory or 3uasi01udicial functions. It cannot e.ercise this in connection with its purely e.ecutive or ministerial functions ii. If it is pre0proclamation controversy( the C/A%"%C e.ercises 3uasi0 1udicial@ administrative powers. iii. Its 1urisdiction over contests 9after proclamation>( is in e.ercise of its 1udicial functions.
Not : 'he C/A%"%C may issue writs of certiorari( prohibition( and mandamus in e.ercise of its appellate functions.
3.
,ec#&e( e.cept those involving the right to vote( all 3uestions affecting elections( including determination of the number and location of polling places( appointment of election officials and inspectors( and registration of voters.
Not : Suestions involving the right to vote fall within the 1urisdiction of ordinary courts.
!.
,eput# e( with the concurrence of the President( law enforcement agencies and instrumentalities of the government( including the *P( for the e.clusive purpose of ensuring free( orderly( honest( peaceful and credible elections. Re.#"tr$t#o! of political organizations( or coalitions accreditation of citizens; arms C/A%"%C. parties( and of the
#.
$.
4#le( upon a verified complaint( or on its own initiative( petitions in court for inclusion or e.clusion of voters4 investigate and( where appropriate( prosecute cases of violations of election laws( including acts or omissions constituting election frauds( offenses and malpractices. a. C/A%"%C has e.clusive 1urisdiction to investigate and prosecute cases for violations of election laws. C/A%"%C can deputize prosecutors for this purpose. 'he actions of the prosecutors are the actions of the C/A%"%C.
Not : 'he fact that decisions( final orders or rulings of the C/A%"%C in contests involving elective
" G C%G
K/M ,. S
<5L/
P K/FG
b.
Not : Preliminary investigation conducted by C/A%"%C is valid.
&.
Reco11e!& to the Congress effective measures to minimize election spending( including limitation of places where propaganda materials shall be posted( and to prevent and penalize all forms of election frauds( offenses( malpractices( and nuisance candidacies. Reco11e!& to the President the removal of any officer or employee it has deputized( or the imposition of any other disciplinary action( for violation or disregard of( or disobedience to its directive( order( or decision. 8ub1#t to the President and the Congress a comprehensive report on the conduct of each election( plebiscite( initiative( referendum( or recall.
,.
+.
Q: All l ctio# cas s, i#cl$%i#4 !( = !(ocla2atio# co#t(o6 (si s, 2$st ' % ci% % '3 th CO-ELEC i# %i6isio#. Sho$l% a !a(t3 ' %issatis"i % with th % cisio#, what ( 2 %3 is a6aila'l ? A: 'he dissatisfied party may file a motion for reconsideration before the C/A%"%C e! b$!c. If the e! banc;s decision is still not favorable( the same( in accordance with rt. IJ0 ( Sec. &( 6may be brought to the Supreme Court on cert#or$r#.7 (Re9e" v. R?C of Or#e!t$l 7#!&oro, G.R. No. 1/8886, 7$9 0, 1990)
municipal and barangay offices are final( e.ecutory and not appealable( 9 rt. IJ0C( Sec. 2T2U> does not preclude a recourse to the Supreme Court by way of a special civil action of cert#or$r#. (G$l#&o v. CO7-L-C, G.R. No. 90346, =$!. 18, 1991)
Q: Ca# th CO-ELEC ? (cis its !ow ( o" co#t 2!t i# co## ctio# with its "$#ctio#s as th Natio#al /oa(% o" Ca#6ass (s %$(i#4 th l ctio#s? A: Mes. 'he effectiveness of the 3uasi01udicial power vested by law on a government institution hinges on its authority to compel attendance of the parties and@or their witnesses at the hearings or proceedings. In the same vein( to withhold from the C/A%"%C the power to punish individuals who refuse to appear during a fact0 finding investigation( despite a previous notice and order to attend( would render nugatory the C/A%"%C;s investigative power( which is an essential incident to its constitutional mandate to secure the conduct of honest and credible elections. 9:e&ol v. CO7-L-C, G.R. No. 1+983/, ,ec. 3, 2//9) Q: What cas s E$(is%ictio# o" CO-ELEC '3 %i6isio#? "all $#% ( th
A: %lection cases should be heard and decided by a division. If a division dismisses a case for failure of counsel to appear( the AC may be heard by the division.
Not : In :$l$Co!&$ v. CO7-L-C, G.R. No. 166/32, 4eb. 28, 2//0, the C/A%"%C can order immediate e.ecution of its own 1udgments.
Q: What cas s E$(is%ictio# o" CO-ELEC en banc?
"all
$#% (
th
A: Aotion for Ceconsideration of decisions should be decided by C/A%"%C e! b$!c. It may also directly assume 1urisdiction over a petition to correct manifest errors in the tallying of results by <oard of Canvassers.
Not : ny decision( order or ruling of the C/A%"%C in the e.ercise of its 3uasi01udicial functions may be brought to the SC on cert#or$r# under Cules $! and $# of the Cevised Cules of Court within 3D days from receipt of a copy thereof.
67
'hese decisions or rulings refer to the decision or final order of the C/A%"%C e! b$!c and not of any division thereof.
preceding their appointment. (8ec. 1, 'rt. *(,) Q: What is th t (2 o" o""ic COA Co22issio# (s? A: & years without reappointment. Q: What a( th !ow (s a#% %$ti s o" o" th
Q: What a( th acts that "all $#% ( th CO-ELECHs !ow ( to s$! (6is o( ( 4$lat ? A : 1. 'he en1oyment or utilization of all franchises or permits for the operation of transportation and other public utilities( media of communication or information. Lrants( special privileges or concessions granted by the government or any subdivision( agency or instrumentality thereof( including any L/CC or its subsidiary. (8ec. 4, 'rt. *(C) ca# CO-ELEC its co#stit$tio#al !ow (s a#%
COA? A: 1. %.amine( audit and settle all accounts pertaining to revenue and receipts of( and e.penditures or uses of funds and property owned or held in trust or pertaining to government 2. Oeep general accounts of government and preserve vouchers and supporting papers 3. uthority to define the scope of its audit and e.amination( establish techni3ues and methods re3uired therefore
2.
Q: Wh # ? (cis "$#ctio#s? A : 1.
Iuring election period - +D days before the day of the election and ends 3D days thereafter. In special cases( C/A%"%C can fi. a period. pplies not only to elections but also to plebiscites and referenda. c. CO--ISSION ON
!. #. C $.
1D years of practice of law. Aembers cannot all belong to the same profession Sub1ect to confirmation of the Got a candidate for elective position in elections immediately any the
2.
AUDIT Q: What is its co2!ositio#? A: 1. 2. 1 Chairman 2 Commissioners o"
Q: What a( th I$ali"icatio#s COA Co22issio# (s? A:
1. Gatural0born citizens of the Philippines 2. t least 3# years old at the time of their appointments 3. %ither8 a. CP ;s with at least 1D years of auditing e.perience4 or b. Aembers of Philippine <ar with
!. Promulgate accounting and auditing rules and regulations( including those for prevention and disallowance. (8ec. 2, 'rt. *( ,) Q: Ca# th COA ' %i6 st % o" its !ow ( to ?a2i# a#% a$%it 4o6 (#2 #t a4 #ci s? A: Go law shall be passed e.empting any entity of the Lovernment or its subsidiary in any guise whatsoever( or any investment of public funds( from the 1urisdiction of the Commission on udit. 'he mere fact that private auditors may audit government agencies does not divest the C/ of its power to e.amine and audit the same government agencies. (,:P v. CO', G.R. No. 88430, =$!. 16, 2//2) Q: Th PN/ was th # o# o" th l a%i#4 4o6 (#2 #t=ow# % 'a#&s a#% it was $#% ( th a$%it E$(is%ictio# o" th COA. A " w 3 a(s a4o, it was !(i6ati5 %. What is th "" ct, i" a#3, o" th !(i6ati5atio# o" PN/ o# th a$%it E$(is%ictio# o" th COA? A: Since the PG< is no longer owned by the Lovernment( the C/ no longer has 1urisdiction to audit it as an institution. 5nder Sec. 292>( rt. IJ0 I of the Constitution( it is a L/CC and their subsidiaries which are sub1ect to audit by the C/ . Fowever( in accordance with Sec. 291>( rt. IJ0I( the C/ can audit the PG< with respect to its accounts because the Lovernment still has
e3uity in it. (P'L v". CO', G.R. No. 9189/, =u!e 9, 1990 ) 9. +UDICIAL RE)IEW Q: How a( % cisio#s o" th co22issio#s ( 6i w % '3 th SC? A : 1. CO'8 Kudgments or final orders of the Commission on udit may be brought by an aggrieved party to the Supreme Court on certiorari under Cule $#. /nly when C/ acts without or e.cess in 1urisdiction( or with grave abuse of discretion amounting to lac) or e.cess of 1urisdiction( may the SC entertain a petition for certiorari under Cule $#. 2. C8C8 In the case of decisions of the CSC( dministrative Circular 10+##3, which too) effect on Kune 1( 1++#( provides that final resolutions of the CSC shall be appealable by certiorari to the C within 1# days from receipt of a copy thereof. *rom the decision of the C ( the party adversely affected thereby shall file a petition for review on certiorari under Cule !# of the Cules of Court. 3. CO7-L-C8 only decision en banc may be brought to the Court by certiorari since rticle IJ0 C( says that motions for reconsideration of decisions shall be decided by the Commission e! b$!c. (Re9e" v. 7#!&oro, G.R. No. 1/8886, 7$9 0, 1990 ) Q: Wh # c (tio(a(i to th S$!( 2 Co$(t is chos #, what is ( I$i( %? A: Cule $#( Section 1 says that certiorari may be resorted to when there is no other plain or speedy and ade3uate remedy. <ut reconsideration is a speedy and ade3uate remedy. Fence( a case may be brought to the Supreme Court only after reconsideration. B. QUASI=+UDICIAL FUNCTION QR Do s th CSC ha6 th !ow ( to h a( a#% % ci% a%2i#ist(ati6 cas s? A: Mes( 5nder the dministrative Code of 1+,&( the CSC has the power to hear and decide administrative cases instituted before it directly or on appeal( including contested
A: 'he CSC. It is the intent of the Civil Service "aw( in re3uiring the establishment of a grievance procedure( that decisions of lower officials 9in cases involving personnel actions> be appealed to the agency head( then to the CSC. 'he C'C does not have 1urisdiction over such personal actions. (G. R. No. 14/91+. October 1/, 2//3) Q: Which 'o%3 has th ?cl$si6 o(i4i#al E$(is%ictio# o6 ( all co#t sts ( lati#4 to th l ctio#s? A: It is C/A%"%C. the
Not : 'he C/A%"%C also have the e.clusive original 1urisdiction over all contests relating to returns( and 3ualifications of all elective regional( provincial( and city officials. 'he C/A%"%C also have the appellate 1urisdiction over all contests involving elective municipal officials decided by trial courts of general 1urisdiction( or involving elective barangay officials decided by trial courts of limited 1urisdiction.
Q: What is th %i"" ( #c ' tw # th E$(is%ictio# o" th CO-ELEC ' "o( th !(ocla2atio# a#% its E$(is%ictio# a"t ( !(ocla2atio#? A: 'he difference lies in the due process implications.
O)ER PRE= PROCLA-ATI ON C/A%"%C;s 1urisdiction is administrative or 3uasi01udicial and is governed by the less stringent re3uirements of administrative due process 9although the SC has insisted that 3uestion on 63ualifications7 should be decided only after a full0dress hearing>. O)ER CONTESTS ;AFTER PROCLA-ATIO N< C/A%"%C;s 1urisdiction is 1udicial and is governed by the re3uirements of 1udicial process.
appointments. Q: Which 'o%3 has th E$(is%ictio# o# ! (so## l actio#s, co6 ( % '3 th ci6il s (6ic ?
UNI)ERSIT*
O-AS
G
OF
SANTO T
69
Not : Fence( even in the case of regional or provincial or city offices( it does ma)e a difference whether the C/A%"%C will treat it as a pre0 proclamation controversy or as a contest.
UNI)ERSIT*
O-AS
G
OF
SANTO T
70
,. /ILL OF RI,HTS a. FUNDA-ENTAL POWERS OF THE STATE Q: What a( Stat ? A: 1. 2. 3. Police Power Power of %minent Iomain Power of 'a.ation th "$#%a2 #tal !ow (s o" th
Property ta)en is destroye d Intangible4 general welfare
%urpos e Property is ta)en for public use !ompensatio n and Protection public improvement s
Property is ta)en for public use 2alue of the property e.propriated
0. POLICE POWER Q: What a( th cha(act (istics o" !olic !ow ( as co2!a( % to th !ow (s o" ta?atio# a#% 2i# #t %o2ai#? A: Police power easily outpaces the other two powers. It regulates not only property( but also the liberty of persons. Police power is considered the most pervasive( the least limitable( and the most demanding of the three powers. It may be e.ercised as long as the activity or property sought to be regulated has some relevance to the public welfare. (Geroc6# v. ,ep$rt1e!t of -!er.9, G. R. 109+96, =ul9 1+, 2//+) Q: What a( !ow (? th as! cts o" !olic
Q: What a( th si2ila(iti s a2o#4 th "$#%a2 #tal !ow (s o" th Stat ? A: 1. 2. but 'hey are inherent in the State and may be e.ercised by it without need of e.press constitutional grant. 'hey are not only necessary indispensable. 'he State cannot continue or be effective unless it is able to e.ercise them. 'hey are methods by which the State interferes with private rights. 'hey all presuppose an e3uivalent compensation for the private rights interfered with. 'hey are e.ercised primarily by legislature. Q: What a( th th s !ow (s? A: 1. Aay not be e.ercised arbitrarily to the pre1udice of the <ill of Cights 2. Sub1ect at all times to the limitations and re3uirements of the Constitution and may in proper cases be annulled by the courts( #.e. when there is grave abuse of discretion. Q: How %o th s "(o2 o# a#oth (? A:
Polic Pow ( Ta?atio# E2i# #t Do2ai#
3. !. #. the
co22o# li2itatio#s o"
A: Lenerally( police power e.tends to all the great public needs. Fowever( its particular aspects are the following8 1. Public health 2. Public morals 3. Public safety !. Public welfare Q: Who ? (cis s !olic !ow (? A: ,R: Police power is lodged primarily in the national legislature. >PN: <y virtue of a valid delegation of legislative power( it may be e.ercised by the8 1. 2. 3. President dministrative bodies "awma)ing bodies on all municipal levels( including the barangay. Aunicipal governments e.ercise this power under the general welfare clause. (Goro"pe, Co!"t#tut#o!$l L$%J Note" $!& Re$&#!." o! t6e :#ll of R#.6t", C#t# e!"6#p $!& 8uffr$.e, )ol. 2.)
!ow (s %i"" (
Extent of power Cegulates ffects only ffects only liberty property property rights and rights property %ower exercised by whom %.ercised only by the government %.ercised only by the government Aaybe e.ercised by private entities
Q: What a( th ( I$isit s "o( th 6ali% ? (cis o" !olic !ow ( '3 th % l 4at ?
BILL OF RIGHTS
A : 1. 2. 3. %.press grant by law Aust not be contrary to law ,R8 ?ithin territorial limits of "L5s >PN8 ?hen e.ercised to protect water supply (M#l"o! v. C#t9 of 7ou!t$#! L$Fe ?err$ce", 41+ P.2& 632, 1966)
%o2ai#? A: Congress. Fowever( the following may e.ercise this power by delegation8 virtue of a valid
Q: Ca# a#3o# co2! l th 4o6 (#2 #t to ? (cis !olic !ow (? A: Go. 'he e.ercise of police power lies in the discretion of the legislative department. 'he only remedy against legislative inaction is a resort to the bar of public opinion( a refusal of the electorate to turn to the legislative members who( in their view( have been remiss in the discharge of their duties. Q: Ca# th co$(ts i#t (" ( ? (cis o" !olic !ow (? with th
A: Go. If the legislature decides to act( the choice of measures or remedies lies within its e.clusive discretion( as long as the re3uisites for a valid e.ercise of police power have been complied with. Q: What a( th t sts to % t (2i# 6ali%it3 o" a !olic 2 as$( ? A : 1. L$%ful "ubCect @ 'he interests of the public generally( as distinguished from those of a particular class( re3uire the e.ercise of the police power L$%ful 1e$!" @ 'he means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals 1. E-INENT DO-AIN Q: What a( th co#%itio#s "o( th ? (cis o" th !ow ( o" 2i# #t %o2ai#? A : 1. 2. 3. 4. Q: Who 'a)ing of private property *or public use Kust compensation /bservance of due process ? (cis s th !ow ( o" 2i# #t th
2.
BILL OF RIGHTS
1. 2. 3. !. 'he President of the Philippines 2arious local legislative bodies Certain public corporations li)e the "and uthority and Gational Fousing uthority Suasi0public corporations li)e Philippine Gational Cailways ' tw # th !ow ( o" ? (cis % '3 Co#4( ss o" ?!(o!(iatio# as 4at s.
the
Q: Disti#4$ish th ?!(o!(iatio# as a#% th !ow ( ? (cis % '3 % l
A: ?hen e.ercised by Congress( the power is pervasive and all0encompassing but when e.ercised by delegates( it can only be broad as the enabling law and the conferring authorities want it to be. s to the 3uestion of necessity( the same is a political 3uestion when the power is e.ercised by Congress. /n the other hand( it is a 1udicial 3uestion when e.ercised by delegates. 'he courts can determine whether there is genuine necessity for its e.ercise( as well as the value of the property. Q: What a( th ( I$isit s "o( a 6ali% ta&i#4? A: P-APO 1. 'he e.propriator must enter a Private property 2. %ntry must be for more than -omentary period 3. %ntry must be under warrant or color of legal Authority !. Property must be devoted to Public use or otherwise informally appropriated or in1uriously affected #. 5tilization of property must be in such a way as to Oust the owner and deprive him of beneficial en1oyment of the property 9Republ#c v. v&$. ,e C$"tellv#, G.R. No. L2/62/, 'u.. 10, 19+4) Q: What !(o! (ti s ca# ' ta& #? A: ll private property capable of ownership( including services. Q: What !(o! (ti s ca##ot ' ta& #? A: Aoney and choses in action( personal right not reduced in possession but recoverable by a suit at law( right to receive( demand or recover debt( demand or damages on a cause of action e< co!tr$ctu or for a tort or omission of duty.
Q: Disti#4$ish 2i# #t %o2ai# % st($ctio# "(o2 # c ssit3. A :
"(o2
Q: Do s co2! #satio# ' !ai% i# 2o# 3? A : ,R: Mes.
ha6
to
D st($ctio# "(o2 # c ssit3 +ho can exercise /nly authorized Aay be validly public entities underta)en by or public private individuals officials ,ind of ri#ht Cight of self0 defense( Public right self0preservation( whether applied to persons or to 'equiremen t Go need for Conversion of conversion4 property ta)en for no 1ust compensation public use4 but payment in the payment of 1ust form of damages when compensation *eneficiar applicable E2i# #t %o2ai# State@public y Private
(Goro"pe, Co!"t#tut#o!$l L$%J Note" $!& Re$&#!." o! t6e :#ll of R#.6t", C#t# e!"6#p $!& 8uffr$.e, )ol. 2 ) Q: Do s th ( I$isit o" !$'lic $s F$s '3 th !$'lic at la(4 ? 2 a#
A: Go. ?hatever may be beneficially employed for the general welfare satisfies the re3uirement. Aoreover( that only few people benefits from the e.propriation does not diminish its public0use character because the notion of public use now includes the broader notion of indirect public benefit or advantage.(7$!o"c$ v. C', G.R. 16644/, =$!. 29, 1996). Q: What is co2! #satio#? E$st
A: It is the full and fair e3uivalent of the property ta)en from the private owner 9owner;s loss> by the e.propriator. It is usually the fair mar)et value 9*A2> of the property and must include conse3uential damages 9damages to the other interest of the owner attributed to the e.propriation> minus conse3uential benefits 9increase in the value of other interests attributed to new use of the former property>.
Not : *A2 is the price fi.ed by the parties willing but not compelled to enter into a contract of sale.
>PN: In cases involving C CP( compensation may be in bonds or stoc)s( for it has been held as a non0traditional e.ercise of the power of eminent domain. It is not an ordinary e.propriation where only a specific property of relatively limited area is sought to be ta)en by the State from its owner for a specific and perhaps local purpose. It is rather a revolutionary )ind of e.propriation
('""oc#$t#o! of 81$ll L$!&o%!er" #! t6e P6#l#pp#!e", *!c. v. 8ecret$r9 of '.r$r#$! Refor1, G.R. No. +8+42, 14 =ul9 1989).
Q: Wh # sho$l% ass ss2 #t o" th 6al$ o" th !(o! (t3 ' % t (2i# %? A: 'he value of the property must be determined either at the time of ta)ing or filing of the complaint( whichever comes first.(-PH' v. ,ul$9,
G.R. No. 096/3, 'pr#l 29, 198+).

Q: Do s #o#=!a32 #t o" E$st co2! #satio# #titl th !(i6at ow# ( to ( co6 ( !oss ssio# o" th ?!(o!(iat % !(o! (t3? A: ,R: Gon0payment by the government does not entitle private owners to recover possession of the property because e.propriation is an #! re1 proceeding( not an ordinary sale( but only entitle them to demand payment of the fair mar)et value of the property. >PNS: 1. ?hen there is deliberate refusal to pay 1ust compensation 2. Lovernment;s failure to pay compensation within # years from the finality of the 1udgment in the e.propriation proceedings. 'his is in connection with the principle that the government cannot )eep the property and dishonor the 1udgment. (Republ#c v. L#1, G.R. No. 161606, =u!e 29, 2//0> Q: Is th ow# ( #titl % to th !a32 #t o" i#t ( st? How a'o$t ( i2'$(s 2 #t o" ta? s !ai% o# th !(o! (t3? A: Mes( the owner is entitled to the payment of interest from the time of ta)ing until 1ust compensation is actually paid to him. 'a.es paid by him from the time of the ta)ing until the transfer of title 9which can only be done after actual payment of 1ust compensation>( during which he did not en1oy any beneficial use of the property( are reimbursable by the e.propriator.
Q: What l 4al i#t ( st sho$l% ' $s % i# th co2!$tatio# o" i#t ( st o# E$st co2! #satio#? A: n interest of 12B per annum on the 1ust compensation due the landowner. 9L:P v. M9coco G.R. No. 14/16/, =$!u$r9 13, 2//4) 9. TA>ATION Q: What a( ta? s a#% what is ta?atio#? A: 'a.es are8 1. %nforced proportional contributions from persons and property 2. "evied by the State by virtue of its sovereignty 3. *or the support of the government !. *or public needs 'a.ation is the method by which these contributions are e.acted. (Goro"pe, Co!"t#tut#o!$l L$%J Note" $!& Re$&#!." o! t6e :#ll of R#.6t", C#t# e!"6#p $!& 8uffr$.e, )ol. 2) Q: What is th so$(c o" th o'li4atio# to !a3 ta? s? A: Payment of ta.es is an obligation based on law( and not on contract. It is a duty imposed upon the individual by the mere fact of his membership in the body politic and his en1oyment of the benefits available from such membership.
Not : %.cept only in the case of poll 9community> ta.es( non0payment of a ta. may be the sub1ect of criminal prosecution and punishment. 'he accused cannot invo)e the prohibition against imprisonment for debt as ta.es are not considered debts.
3. !. #.
'erritoriality or situs of ta.ation %.emption of government from ta.ation International comity
Q: What a( Co#stit$tio#al li2itatio#s? A: Q: What a( i#h ( #t li2itatio#s? A: 1. Public purpose 2. Gon0delegability of power
Q: What a( th 2att (s l "t to th %isc( tio# o" th l 4islat$( ? A : 1. 2. 3. !. ?hether to ta. in the first place ?hom or what to ta. *or what public purpose mount or rate of the ta.
Q: What a( th li2itatio#s, i# 4 # (al, o# th !ow ( o" ta?atio#? A: Inherent limitations. and Constitutional
1. 2. 3.
Iue process of law ('rt. ***, 8ec.1) %3ual protection clause ('rt. ***, 8ec.1) 5niformity( e3uitability and progressive system of ta.ation ('rt. )*, 8ec 28) !. Gon0impairment of contracts ('rt. ***, 8ec. 1/) #. Gon0imprisonment for non0 payment of poll ta. ('rt. ***, 8ec. 2/) $. Cevenue and tariff bills must originate in the Fouse of Cepresentatives ('rt *, 8ec. +) &. Gon0infringement of religious freedom ('rt. ***, 8ec.4) ,. Ielegation of legislative authority to the President to fi. tariff rates( import and e.port 3uotas( tonnage and wharfage dues +. 'a. e.emption of properties actually( directly and e.clusively used for religious( charitable and educational purposes (N*RC, 8ec 3/) 1D. Aa1ority vote of all the members of Congress re3uired in case of legislative grant of ta. e.emptions 11. Gon0impairment of SC;s 1urisdiction in ta. cases 12. 'a. e.emption of revenues and assets of( including grants( endowments( donations or contributions to educational institutions Q: Do local 4o6 (#2 #t $#its ha6 !ow ( o" ta?atio#? th
A: Mes. %ach "L5 shall have the power to create its own sources of revenues and to levy ta.es( fees and charges sub1ect to such guidelines and limitations as the Congress may provide( consistent with the basic policy of local autonomy. Such ta.es( fees( and charges shall accrue e.clusively to the local governments (8ec. 0, 'rt. (). Q: Sho$l% th ( ' #otic a#% h a(i#4 "o( th #act2 #t o" ta? laws? A: *rom the procedural viewpoint( due process does not re3uire previous notice and hearing before a law prescribing fi.ed or specific ta.es on certain articles may be enacted. <ut where the ta. to be collected is to be based on the value of
ta.able property( the ta.payer is entitled to be notified of the assessment proceedings and to be heard therein on the correct valuation to be given the property. Q: What is th $#i"o(2it3 i# ta?atio#? 2 a#i#4 o"
"
A: It refers to geographical uniformity( meaning it operates with the same force and effect in every place where the sub1ect of it is found. Q: What is a !(o4( ssi6 ta?atio#? s3st 2 o"
A: /rdinarily( license fees are in the nature of the e.ercise of police power because they are in the form of regulation by the State and considered as a manner of paying off administration costs. Fowever( if the license fee is higher than the cost of regulating( then it becomes a form of ta.ation (-r1#t$7$l$te 5otel $!& 7otel Oper$tor" '""oc.,
A: 'his means that the ta. rate increases as the ta. base increases. Q: What is %o$'l ta?atio#? A: It occurs when8 1. 2. 3. !. 'a.es are laid on the same sub1ect <y the same authority Iuring the same ta.ing period *or the same purpose
Not : 'here is no provision in the Constitution specifically prohibiting double ta.ation( but it will not be allowed if it violates e3ual protection.
(Goro"pe, Co!"t#tut#o!$l L$%J Note" $!& Re$&#!." o! t6e :#ll of R#.6t", C#t# e!"6#p $!& 8uffr$.e, )ol. 2 ) Q: What a( th &i#%s o" ta? ? 2!tio#s? A: 'a. e.emptions may either be8 1. Constitutional 2. Statutory Q: O#c a# ? 2!tio# is 4(a#t % '3 th l 4islat$( , 2a3 s$ch ? 2!tio# ' ( 6o& % at will? A : 1. If e.emption is granted .r$tu#tou"l9 revocable 2. If e.emption is granted for v$lu$ble co!"#&er$t#o! 9non0 impairment of contracts> irrevocable Q: What is th #at$( o" a lic #s
*!c. v". C#t9 7$9or of 7$!#l$, G.R. No. L24693, Oct. 23, 196+).
'. PRI)ATE ACTS AND THE /ILL OF RI,HTS Q: What is th /ill o" Ri4hts? A: It is the set of prescriptions setting forth the fundamental civil and political rights of the individual( and imposing limitations on the powers of government as a means of securing the en1oyment of those rights. Q: Wh # ca# th i#6o& %? /ill o" Ri4hts '
A: In the absence of governmental interference( the liberties guaranteed by the Constitution cannot be invo)ed against the State. 'he <ill of Cights guarantee governs the relationship between the individual and the State. Its concern is not the relation between private individuals. ?hat it does is to declare some forbidden zones in the private sphere inaccessible to any power holder. (People v. 7$rt#, G.R. No. 81061, =$!. 18, 1991) Q: Ca# th /ill o" Ri4hts ' !(i6at i#%i6i%$als? i#6o& % a4ai#st
A: Go. In the absence of governmental interference( the liberties guaranteed by the Constitution cannot be invo)ed. Put differently( the <ill of Cights is not meant to be invo)ed against acts of private individuals. (Nr$"e.u# v". P'L- G.R. No. 168/81, Oct. 1+, 2//8)
Not : Fowever( the Supreme Court in Huluet$ v. C'( G.R. No. 1/+383, 4eb. 2/ 1996( where the husband invo)ed his right to privacy of communication and correspondence against a private individual( his wife( who had forcibly ta)en from his cabinet and presented as evidence against him documents and private correspondence( held these papers inadmissible in evidence( upholding the husband;s right to privacy.
c. DUE PROCESS Q: What is %$ !(oc ss? A: Iue process means8 1. 'hat there shall be a law prescribed in harmony with the general powers of the legislature 2. 'hat it shall be reasonable in its operation
3. !.
'hat it shall be enforced according to the regular methods of procedure prescribed( and 'hat it shall be applicable ali)e to all citizens of the State or to all of a class. (People v. C$9$t, G.R. No. L 4098+, 7$9 0, 1939)
>PN: In cases where the right to appeal is guaranteed by the Constitution ('rt. )***, 8ec. (*)) or by a statute. Q: Disti#4$ish %$ !(oc ss i# a%2i#ist(ati6 !(oc %i#4s "(o2 %$ !(oc ss i# E$%icial !(oc %i#4. A :
AD-INISTRATI)E +UDICIAL
Q: What a( th ( I$i( 2 #ts o" %$ !(oc ss i# E$%icial !(oc %i#4s? A: ?hether in civil or criminal 1udicial proceedings( due process re3uires that there be8 1. n impartial and disinterested court clothed by law with authority to hear and determine the matter before it.
Not : 'est of impartiality is whether the 1udge;s intervention tends to prevent the proper presentation of the case or the ascertainment of the truth.
2.
Kurisdiction lawfully ac3uired over the defendant or the property which is the sub1ect matter of the proceeding Gotice and opportunity to be heard be given the defendant Kudgment to be rendered after lawful hearing( clearly e.plained as to the factual and legal bases ('rt. )**, 8ec. 14, 198+ Co!"t#tut#o!)
Essenc e /pportunity to day in court e.plain one;s side (eans 5sually through Submission of see)ing a pleadings and oral reconsideration of the arguments ruling or the action ta)en( or appeal to a superior authority Notice and .earin# M6e! e<erc#"#!. <oth are essential8 3u$"# Cu&#c#$l fu!ct#o! 1. Not#ce (P6#lCo18$t v. 2. 5e$r#!. 'lcu$ , G.R. No. 84818, ,ec. 18, 1989
" G C%G
K/M ,. S
<5L/
P K/FG
3. 4.
Not : n e.traditee does not have the right to notice and hearing during the evaluation stage of an e.tradition proceeding. 'he nature of the right being claimed is nebulous and the degree of pre1udice an e.traditee allegedly suffers is wea). (28 v. Pur.$!$!, G.R. No. 1480+1, 8ept. 24, 2//2) Not : Pilotage as a profession is a property right protected by the guarantee of due process. 9Coro!$ v. 2!#te& 5$rbor P#lot" '""oc#$t#o! of t6e P6#l#pp#!e", G.R. No. 111903, ,ec.12, 198+> Not : ?hen a regulation is being issued under the 3uasi0legislative authority of an administrative agency( the re3uirements of notice( hearing and publication must be observed. 9Co11#""#o!er of *!ter!$l Reve!ue v. C', G.R. No. 119+61, 'u.. 29, 1996 >
Q: Is th (i4ht to a!! al !a(t o" %$ !(oc ss? A: R: 'he to appeal not8 a )ICE , CHAIR FOR Aright D-INISTRATION AND Fis INANCE K% natural G%""% C. "%% or aL part of process. )ICE right CHAIRS FOR A*=O UT due AND D ESI,N: % C" "/5I% A. A S C M 'F%%G C. A C'IG%Q
G
Not : 'he assistance of counsel is not indispensable to due process in forfeiture proceedings since such proceedings are not criminal in nature. Aoreover( the strict rules of evidence and procedure will not apply in administrative proceedings li)e seizure and forfeiture proceedings. ?hat is important is that the parties are afforded the opportunity to be heard and the decision of the administrative authority is based on substantial evidence. 94ee&er *!ter!$t#o!$l L#!e, Pte. Lt&. v. C', G.R. No. 9 4262, 7$9 31, 1991)
Q: What is th #at$( o" !(oc %$(al %$ !(oc ss i# st$% #t %isci!li# !(oc %i#4s? A: Student discipline proceedings may be summary and cross0e.amination is not an essential part thereof. 'o be valid however( the following re3uirements must be met8 1. ?ritten notification sent to the student@s informing the nature and cause of any accusation against him@her4 2. /pportunity to answer the charges( with the assistance of a counsel( if so desired4 3. Presentation of one;s evidence and e.amination of adverse evidence4 !. %vidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. (Gu 1$! v.
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N$t#o!$l 2!#ver"#t9, G.R. No. L 68288, =ul9 11, 1986) 'he student has the right to be informed of the evidence against him 'he penalty imposed must be proportionate to the offense.
1. P(oc %$(al D$ P(oc ss Q: What a( th "$#%a2 #tal !(oc %$(al %$ !(oc ss? A : l 2 #ts o"
Q: What a( th i#sta#c s wh # h a(i#4s a( #ot # c ssa(3? A: 1. 2. 3. !. #. $. &. ,. ?hen administrative agencies are e.ercising their 3u$"#0legislative functions. batement of nuisance per "e. Lranting by courts of provisional remedies. Cases of preventive suspension. Cemoval of temporary employees in the government service. Issuance of warrants of distraint and@or levy by the <IC Commissioner. Cancellation of the passport of a person charged with a crime. Suspension of a ban);s operations by the Aonetary <oard upon a pr#1$ f$c#e finding of li3uidity problems in such ban).
1. 2.
Gotice 9to be meaningful must be as to time and place> /pportunity to be heard 3. Court@tribunal must have 1urisdiction a t(ial=t3!
Q: Do s %$ !(oc ss ( I$i( !(oc %i#4?
0. P(oc %$(al a#% S$'sta#ti6 D$ P(oc ss Q: What a( th two as! cts o" %$ !(oc ss? A:
SU/STANTI)E PROCEDURAL DUE DUE PROCES 'hisPROCE serves as a Serves as a restriction restriction on on actions of 1udicial the and government;s law 3uasi01udicial agencies and rule0ma)ing'equisite of the government s 1. Impartial 1. 'he interests of court the or public in general( as tribunal clothed with distinguished from 1udicial power to hear those of a particular and determine the class( re3uire matters before it. the intervention of 2. Kurisdiction the state properly ac3uired 2. 'he means over employed are the person of the defendant and over reasonably property which is the sub1ect matter of necessary for the the proceeding accomplishment of to the purpose and not 3. /pportunity be heard unduly oppressive !. Kudgment upon individuals. rendered upon lawful hearing and based on evidence
A: Go. 'he essence of due process is to be found in the reasonable opportunity to be heard and to submit any evidence one may have in support of one;s defense. 6'o be heard7 does not always mean verbal arguments in court. /ne may be heard also through pleadings. ?here opportunity to be heard( either through oral arguments or pleadings( is accorded( there is no denial of due process (H$l&#v$r v. 8$!&#.$!b$9$!, G.R. No. L 32210, Oct. 1+, 1988).
Not : 'he meetings in the nature of consultations and conferences cannot be considered as valid substitutes for the proper observance of notice and hearing 9-3u#t$ble :$!F#!. Corpor$t#o! v. NLRC, G.R. No. 1/246+, =u!e 13, 198+>.
9. Co#stit$tio#al a#% Stat$to(3 D$ P(oc ss Q: Di"" ( #tiat co#stit$tio#al %$ !(oc ss "(o2 stat$to(3 %$ !(oc ss. A:
Co#stit$tio#al %$ Protects!(oc the s individual from the government and assures him of his rights in criminal( civil or administrative proceedings Stat$to(3 %$ !(oc ss ?hile found in the "abor Code and Implementing Cules protects employees from being un1ustly terminated without 1ust cause after notice and hearing 9'.$bo! v. NLRC, G.R. No. 108693, Nove1ber 1+,
B. Hi (a(ch3 o" Ri4hts Q: Is th ( a hi (a(ch3 o" co#stit$tio#al (i4hts?
A: Mes. ?hile the <ill of Cights also protects property rights( the primacy of human rights over property rights is recognized. Property and property rights can be lost thru prescription4 but human rights are imprescriptible. In the hierarchy of civil liberties( the rights of free e.pression and of assembly occupy a preferred position as they are essential to the preservation and vitality of our civil and political institutions 9P6#l#pp#!e :loo1#!. 7#ll" -1plo9ee" Or.$!# $t#o! v. P6#l#pp#!e :loo1#!. 7#ll" Co., *!c., G.R. No. L 31190 =u!e 0, 19+3>.
%oct(i# ? A: It holds that a law is vague when it lac)s comprehensive standards that men of common intelligence must necessarily guess at its common meaning and differ as to its application. In such instance( the statute is repugnant to the Constitution because8
:. +$%icial Sta#%a(%s o" R 6i w Q: ,i6 # th "act that #ot all (i4hts a#% "( %o2s o( li' (ti s $#% ( th /ill o" Ri4hts a#% oth ( 6al$ s o" soci t3 a( o" si2ila( w i4ht a#% i2!o(ta#c , 4o6 (#2 #tal ( 4$latio#s that a"" ct th 2 wo$l% ha6 to ' 6al$at % 'as % o# %i"" ( #t 3a(%stic&s, o( sta#%a(%s o" ( 6i w. What a( th s sta#%a(%s o" ( 6i w? A : 1. ,efere!t#$l rev#e% @ laws are upheld if they rationally further a legitimate governmental interest( without courts seriously in3uiring into the substantiality of such interest and e.amining the alternative means by which the ob1ectives could be achieved *!ter1e&#$te rev#e% @ the substantiality of the governmental interest is seriously loo)ed into and the availability of less restrictive alternatives are considered. 8tr#ct "crut#!9 @ the focus is on the presence of compelling( rather than substantial governmental interest and on the absence of less restrictive means for achieving that interest (8ep$r$te op#!#o! of =u"t#ce 7e!&o $ #! -"tr$&$ v. 8$!&#.$!b$9$!, G.R. No. 148960, 4eb. 26, 2//2)
2.
3.
7. )oi%="o(=)a4$ # ss Doct(i# Q: E?!lai# th 6oi% "o( 6a4$ # ss

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1.
2.
It violates due process for failure to accord persons( especially the parties targeted by it( fair notice of what conduct to avoid It leaves law enforcers an unbridled discretion in carrying out its provisions (People v. &e l$ P#e&r$, G.R. No. 128+++, =$!. 24, 2//1) O6 ('( a%th
are merely couched in imprecise language but which specify
Q: What is th Doct(i# ?
A: 'he overbreadth doctrine decrees that a governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.
Not : It is an analytical tool developed for testing on their face statutes in free speech cases. Claims of facial over breadth are entertained in cases involving statutes which( by their terms( see) to regulate only spo)en words and again( that overbreadth claims( if entertained at all( have been curtailed when invo)ed against ordinary criminal laws that are sought to be applied to protected conduct.
Q: Ca# c(i2i#al stat$t s ' i#6ali% "o( ' i#4 o6 ('(oa%?
% cla( %
A: Go. 'he overbreadth doctrine is not intended for testing the validity of a law that reflects legitimate state interest in maintaining comprehensive control over harmful( constitutionally unprotected conduct. Claims of facial overbreadth are entertained in cases involving statutes which( by their terms( see) to regulate only spo)en words and again( that overbreadth claims( if entertained at all( have been curtailed when invo)ed against ordinary criminal laws that are sought to be applied to protected conduct. 9Ro1u$l&e v. CO7-L-C, G.R. No. 16+/11, ,ec. 11, 2//8>
Not : 'he most distinctive feature of the overbreadth techni3ue is that it mar)s an e.ception to some of the usual rules of constitutional litigation. In overbreadth analysis( those rules give way4 challenges are permitted to raise the rights of third parties4 and the court invalidates the entire statute Hon its face(H not merely Has applied forH so that the overbroad law becomes unenforceable until a properly authorized court construes it more narrowly.
Q: Is l 4islatio# co$ch % i# i2!( cis la#4$a4 6oi% "o( 6a4$ # ss? A: Go. 'he Hvoid0for0vaguenessH doctrine does not apply as against legislations that
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a standard though defectively phrased4 or to those that are apparently ambiguous yet fairly applicable to certain types of activities. 'he first may be HsavedH by proper construction( while no challenge may be mounted as against the second whenever directed against such activities. In the Supreme Court held that the doctrine can only be invo)ed against that species of legislation that is utterly vague on its face( i.e.( that which cannot be clarified either by a saving clause or by construction. 9-"tr$&$ v. 8$!&#.$!b$9$!, G.R. No. 14806/, Nov. 19, 2//1> Q: What is th t st i# wh th ( a c(i2i#al stat$t $#c (tai#t3? % t (2i#i#4 is 6oi% "o(
differentiation clearly reverberates to label the commission as a vehicle for vindictiveness and selective retribution. (:#r$o.o v. ?6e P6#l#pp#!e
A: 'he test is whether the language conveys a sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice. It must be stressed( however( that the HvaguenessH doctrine merely re3uires a reasonable degree of certainty for the statute to be upheld 0 not absolute precision or mathematical e.actitude. (-"tr$&$ v". 8$!&#.$!b$9$!( G.R. No. 14806/, Nov. 19, 2//1)
%. EQUAL PROTECTION OF THE LAWS 0. CONCEPT Q: What is th co#c !t o" I$al !(ot ctio# o" th laws? A: It means that all persons or things similarly situated should be treated ali)e( both as to rights conferred and responsibilities imposed. It guarantees e3uality( not identity of rights. It does not forbid discrimination as to persons and things that are different. ?hat it forbids are distinctions based on impermissible criteria unrelated to a proper legislative purpose( or class or discriminatory legislation( which discriminates against some and favors others when both are similarly situated. 92 Coole9, Co!"t#tut#o!$l L#1#t$t#o!", 824820)
Not : It must be borne in mind that the rroyo administration is but 1ust a member of a class( that is( a class of past administrations. It is not a class of its own. Got to include past administrations similarly situated constitutes arbitrariness which the e3ual protection clause cannot sanction. Such discriminating
?rut6 Co11#""#o! of 2/1/, G.R. No. 192930, ,ec. +, 2/1/)
1. REQUISITES CLASSIFICATION Q: What a( th 6ali% classi"icatio#?
FOR ( I$isit s
)ALID "o( a
A: 'he classification must8 1. Cest on substantial distinctions 2. <e germane to the purpose of the law 3. Got be limited to e.isting conditions only4 !. pply e3ually to all members of the same class. (Goro"pe, Co!"t#tut#o!$l L$%J Note" $!& Re$&#!." o! t6e :#ll of R#.6t", C#t# e!"6#p $!& 8uffr$.e, )ol. 2., p.334) Q: Do s I$al !(ot ctio# o" th to 'oth citi5 #s a#% ali #s? A: ,R: It applies to all persons( both citizens and aliens. 'he Constitution places the civil rights of aliens on e3ual footing with those of the citizens. >PN: Statutes may validly limit to citizens e.clusively the en1oyment of rights or privileges connected with public domain( the public wor)s( or the natural resources of the State
Not : 'he rights and interests of the State in these things are not simply political but also proprietary in nature and so citizens may lawfully be given preference over aliens in their use or en1oyment. liens do not en1oy the same protection as regards political rights. (*!c6o!. v. 5er!$!&e , G.R. Go. "0 &++#, 7$9 31, 190+)
laws a!!l3
Q: Is classi"icatio# o" citi5 #s '3 th l 4islat$( $#co#stit$tio#al? A: ,R: 'he legislature may not validly classify the citizens of the State on the basis of their origin( race( or parentage. >PN: 'he difference in status between citizens and aliens constitutes a basis for reasonable classification in the e.ercise of police power. (,e1ore v. K#1, 038 2.8. 01/, 2//3)
Q: What is th (atio#al "o( allowi#4, i# ?c !tio#al cas s, 6ali% classi"icatio# 'as % o# citi5 #shi!? A: liens do not naturally possess the sympathetic consideration and regard for customers with whom they come in daily contact( nor the patriotic desire to help bolster the nation;s economy( e.cept in so far as it enhances their profit( nor the loyalty and allegiance which the national owes to the land. 'hese limitations on the 3ualifications of aliens have been shown on many occasions and instances( especially in times of crisis and emergency. (*c6o!. v. 5er!$!&e , G.R. No. L+990, 7$9 31, 190+) Q: What is th i#t #si"i % 2 a#s t st o( th 'ala#ci#4 o" i#t ( stS I$alit3 t st? A: It is the test which does not loo) solely into the government;s purpose in classifying persons or things 9as done in Cational <asis 'est> nor into the e.istence of an overriding or compelling government interest so great to 1ustify limitations of fundamental rights 9Strict Scrutiny 'est> but closely scrutinizes the relationship between the classification and the purpose( based on spectrum of standards( by gauging the e.tent to which constitutionally guaranteed rights depend upon the affected individual;s interest.
3. !.
Such probable cause had been determined personally by a 1udge Kudge personally e.amined the complainant and his witnesses
. SEARCHES AND SEIDURES Q: What is th o" !(i6ac3? A: 'he essence of privacy is the right to be left alone. In conte.t( the right to privacy means the right to be free from unwarranted e.ploitation of one;s person or from intrusion into ones; private activities in such a way as to cause humiliation to a person;s ordinary sensibilities. ss #c
0. Wa((a#t R I$i( 2 #t Q: What a( th ( I$isit s o" a 6ali% s a(ch wa((a#t a#% wa((a#t o" a(( st? A : 1. 2. 'here should be a search warrant or warrant of arrest Probable cause supported the issuance of such warrant
#.
'he warrant must particularly describe the place to be searched and the persons or things to be seized. (Goro"pe, Co!"t#tut#o!$l L$%J Note" $!& Re$&#!." o! t6e :#ll of R#.6t", C#t# e!"6#p $!& 8uffr$.e, )ol. 2., p.334)
officer may be guided in ma)ing the search and seizure4 or
Not : Leneral warrant is not allowed. It must be issued pursuant to specific offense.
Q: What wa((a#ts?
a(
4 # (al
A: 'hese are warrants of broad and general characterization or sweeping descriptions which will authorize police officers to underta)e a fishing e.pedition to seize and confiscate any and all )inds of evidence or articles relating to an offense. Q: What is th !$(!os o" !a(tic$la(it3 o" % sc(i!tio#? A: 'he purpose is to enable the law officers serving the warrant to8 1. Ceadily identify the properties to be seized and thus prevent them from seizing the wrong items "eave said peace officers with no discretion regarding the articles to be seized and thus prevent unreasonable searches and seizures. 9:$c6e $!& Co. v. Ru# , 3+ 8CR' 823)
2.
Q: Wh # is !a(tic$la(it3 o" % sc(i!tio# co2!li % with? A: *or %$rr$!t of $rre"t( this re3uirement is complied with if it contains the name of the person@s to be arrested. If the name of the person to be arrested is not )nown( a Kohn Ioe warrant may be issued. Kohn Ioe warrant will satisfy the constitutional re3uirement of particularity of description if there is some &e"cr#pt#o per"o!$e which is sufficient to enable the officer to identify the accused. *or a "e$rc6 %$rr$!t( the re3uirement is complied with8 1. ?hen the description therein is as specific as the circumstances will ordinarily allow4 or ?hen the description e.presses a conclusion of fact( not of law( by which the warrant
2.
3.
?hen the things described are limited to those which bear direct relation to the offense for which the warrant is being issued
&#owl %4 ? A:
Not : If the articles desired to be seized have any direct relation to an offense committed( the applicant must necessarily have some evidence other than those articles( to prove said offense. 'he articles sub1ect of search and seizure should come in handy merely to strengthen such evidence.
Q: What a( th !(o! (ti s s$'E ct to s i5$( ? A: 1. Property sub1ect of the offense 2. Stolen or embezzled property and other proceeds or fruits of the offense 3. Property used or intended to be used as means for the commission of an offense Q: What is !(o'a'l ca$s ? A: Probable cause is such facts and circumstances antecedent to the issuance of a warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof. Q: How is !(o'a'l ca$s ! (so#all3 '3 th E$%4 ? A : SEARCH
WARRANT 'he 1udge must personally e.amine in the form of searching 3uestions and answers( in writing and under oath( the complainant and the witnesses he may produce on facts personally )nown to them. 'he determination of probable cause depends to a large e.tent upon the finding or opinion of the 1udge who conducted the re3uired e.amination of the applicant and the witnesses.
% t (2i# %
WARRANT OF ItARREST is not necessary that the 1udge should personally e.amine the complainant and his witnesses4 the 1udge would simply personally review the initial determination of the prosecutor to see if it is supported by substantial evidence.
Fe merely determines the probability( not the certainty of guilt of the accused and( in so doing( he need not conduct a new hearing.
Q: What co#stit$t s ! (so#al
1.
2.
'he person to be arrested must e.ecute an overt act indicating that he had 1ust committed( is actually committing( or is attempting to commit a crime4 $!& Such overt act is done in the presence or within the view of the arresting officer. co#stit$t s s a(chi#4
Q: What I$ stio#s?
A: %.amination by the investigating 1udge of the complainant and the latter;s witnesses in writing and under oath or affirmation( to determine whether there is a reasonable ground to believe that an offense has been committed and whether the accused is probably guilty thereof so that a warrant of arrest may be issued and he may be held liable for trial.
1. Wa((a#tl ss A(( sts Q: What a( th wa((a#tl ss a(( st? A: 1. *! fl$.r$!te &el#cto @ 'he person to be arrested has either committed( is actually committing( or is about to commit an offense in the presence of the arresting officer 5ot Pur"u#t @ ?hen an offense has in fact 1ust been committed and the arresting officer has probable cause to believe( based on personal )nowledge of the facts and circumstances indicating( that the person to be arrested has committed it -"c$pe& Pr#"o!er or ,et$#!ee @ ?hen the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final 1udgment or temporarily confined while his case is pending( or has escaped while being transferred from one confinement to another. 98ec. 0, Rule 113, Rule" of Court> (i4ht to i#sta#c s o" a 6ali%
2.
3.
Q: Ca# th ( ' a wai6 ( o" th I$ stio# a# i#6ali% a(( st?
A: ?hen a person who is detained applies for bail( he is deemed to have waived any irregularity of his arrest which may have occurred. Fowever( if the accused puts up bail before he enters his
plea( he is not barred from later 3uestioning the legality of his arrest.
Not : 'he waiver is limited to invalid arrest and does not e.tend to illegal search
competent official( such as a legal order of deportation( issued by the Commissioner of Immigration( in pursuance of a valid legislation. 97or$!o v". )#vo, G.R. No. L22196, =u!e 3/, 196+)
Q: A( th ( a#3 oth ( i#sta#c s wh ( a ! ac o""ic ( ca# 6ali%l3 co#%$ct a wa((a#tl ss a(( st? A: Mes( in cases of continuing offenses. 'he crimes of rebellion( subversion( conspiracy or proposal to commit such crimes( and crimes or offenses committed in furtherance thereof( or in connection therewith constitute direct assaults against the State( are in the nature of continuing crimes.
Q: What is th #at$( o" a s a(ch wa((a#t !(oc %i#4? A: It is neither a criminal action nor a commencement of a prosecution. It is solely for the possession of personal property. (2!#te& L$bor$tor#e", *!c. v. *"#p, G.R. No. 163808, =u!e 28, 2//0 )
9. Wa((a#tl ss S a(ch s Q: Ca# th !lac to ' s a(ch %, as s t o$t i# th wa((a#t ' a2!li"i % o( 2o%i"i % '3 th o""ic (sH ! (so#al &#owl %4 o" th !( 2is s o( 6i% #c th 3 a%%$c i# s$!!o(t o" th i( a!!licatio# "o( th wa((a#t? A: Go. Such a change is proscribed by the Constitution which re3uires a search warrant to particularly describe the place to be searched4 otherwise it would open the door to abuse of the search process( and grant to officers e.ecuting the search that discretion which the Constitution has precisely removed from them. Q: Which co$(t has th !(i2a(3 E$(is%ictio# i# iss$i#4 s a(ch wa((a#ts? A: 'he C'C where the criminal case is pending or if no information has yet been filed( in C'C in the area@s contemplated. Fowever an C'C not having territorial 1urisdiction over the place to be searched may issue a search warrant where the filing of such is necessitated and 1ustified by compelling considerations of urgency( sub1ect( time( and place. Q: Do s th Co#stit$tio# li2it to E$%4 s th a$tho(it3 to iss$ wa((a#ts o" a(( sts? 8 Go( the legislative delegation of such power to the Commissioner of Immigration is not violative of the <ill of Cights.
Not : Section 1 93>( rticle III of the Constitution does not re3uire 1udicial intervention in the e.ecution of a final order of deportation issued in accordance with law. 'he constitutional limitation contemplates an order of arrest in the e.ercise of 1udicial power as a step preliminary or incidental to prosecution or proceedings for a given offense or administrative action( not as a measure indispensable to carry out a valid decision by a
Q: What a( th i#sta#c s o" a 6ali% wa((a#tl ss s a(ch? A : 1. 2. 2isual search is made of moving vehicles at chec)points Search is an incident to a valid arrest
Not : n officer ma)ing an arrest may ta)e from the person8 a. ny money or property found upon his person which was used in the commission of the offense b. ?as the fruit thereof c. ?hich might furnish the prisoner with the means of committing violence or escaping d. ?hich might be used in evidence in the trial of the case 3.
!. #. $.
Search of passengers made in airports ?hen things seized are within plain view of a searching party Stop and fris) 9precedes an arrest> ?hen there is a valid e.press waiver made voluntarily and intelligently
Not : ?aiver is limited only to the arrest and does not e.tend to search made as an incident thereto( or to any subse3uent seizure of evidence found in the search. (People v. Per$lt$, G.R. 1401+6, 7$rc6 3/, 2/ /4)
&. ,.
Customs search %.igent and emergency circumstances. 9People v. ,e Gr$c#$, 233 8CR' +16)) Plai# )i w
Q: What is th Doct(i# ?
A: /b1ects falling in plain view of an officer who has a right to be in the position to have that view are sub1ect to seizure even without a search
warrant and may be introduced as evidence. Ce3uisites for the application of the doctrine are8 a. 'he law enforcer in search of the evidence has a prior 1ustification for an intrusion( or is in a position from which he can view a particular area4 'he discovery of the evidence in plain view is inadvertent4
1ustifies a reasonable belief among those at the chec)points that either the motorist is a law offender or the contents of the
b.
Q: What is a Fsto!=a#%="(is&G s a(ch? A: It is a limited protective search of outer clothing for weapons. Probable cause is not re3uired but a genuine reason must e.ist in light of a police officer;s e.perience and surrounding conditions to warrant the belief that the person detained has weapons concealed. (7$l$c$t v. C', G.R. No. 123090, ,ec. 12, 199+) Q: A( s a(ch s ch c&!oi#ts law"$l? co#%$ct % i#
A: Mes( provided the chec)point complies with the following re3uisites8 1. 2. 3. 'he establishment of chec)point must be pronounced It must be stationary( not roaming 'he search must be limited to visual search and must not be an intrusive search.
Not : Got all searches and seizures are prohibited. <etween the inherent right of the State to protect its e.istence and promote public welfare and an individual;s right against warrantless search which is however reasonably conducted( the former should prevail. chec)point is a)in to a stop0and0fris) situation whose ob1ect is either to determine the identity of suspicious individuals or to maintain the "t$tu" 3uo momentarily while the police officers see) to obtain more information. 9)$l1o!te v". ,e
)#ll$, 1+8 8CR' 211) Q: Wh # 2a3 2oto(ists a#% th i( 6 hicl s !assi#4 tho$4h ch c&!oi#ts ' sto!! % a#% ?t #si6 l3 s a(ch %? A: ?hile( as a rule( motorists and their vehicles passing though chec)points may only be sub1ected to a routine inspection( vehicles may be stopped and e.tensively searched when there is probable cause which
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vehicle are or have been instruments of some offense. 9People v. )#!ec$r#o, G.R. No. 14113+, =$!. 2/, 2//4> Q: )al (oso was a(( st % '3 6i(t$ o" a wa((a#t o" a(( st. At that ti2 , )al (oso was sl !i#4. H was !$ll % o$t o" th (oo2. Th oth ( !olic o""ic (s ( 2ai# % i#si% th (oo2 a#% (a#sac& % th loc& % ca'i# t wh ( th 3 "o$#% a "i( a(2 a#% a22$#itio#. Is th wa((a#tl ss s a(ch a#% s i5$( o" th "i( a(2 a#% a22$#itio# E$sti"i % as a# i#ci% #t to a law"$l a(( st? A: Go. 'he scope of the warrantless search is not without limitations. valid arrest allows the seizure of evidence or dangerous weapons either on the person of the one arrested or within the area of his immediate control. 'he purpose of the e.ception is to protect the arresting officer from being harmed by the person arrested( who might be armed with a concealed weapon( and to prevent the latter from destroying evidence within reach. In this case( search was made in the loc)ed cabinet which cannot be said to have been within 2alerosoRs immediate control. 'hus( the search e.ceeded the bounds of what may be considered as an incident to a lawful arrest. 9)$lero"o v. Court of 'ppe$l", G.R. No. 164810, 8ept. 3, 2//9)
:. A%2i#ist(ati6 A(( st Q: Wh # is th ( a(( st? a# a%2i#ist(ati6
A: 'here is an administrative arrest as an incident to deportation proceedings. Q: Wh # is a ! (so# a(( st % i# a % !o(tatio# !(oc %i#4s? A: 'he following aliens shall be arrested upon the warrant of the Commissioner of Immigration or of any other officer designated by him for the purpose and deported upon the warrant of the Commissioner of Immigration after a determination by the <oard of Commissioners of the e.istence of the ground for deportation as charges against the alien. 1. ny alien who enters the Philippines after the effective date of this ct by means of false and misleading statements or without inspection and admission by the immigration authorities at a designated port of entry or at any place other than at a
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designated port of entry4 T s amended by Cepublic ct Go. #D3( Sec. 13U 2. ny alien who enters the Philippines after the effective date of this ct( who was not lawfully admissible at the time of entry4 3. ny alien who( after the effective date of this ct( is convicted in the Philippines and sentences for a term of one year or more for a crime involving moral turpitude committed within five years after his entry to the Philippines( or who( at any time after such entry( is so convicted and sentenced more than once4 !. ny alien who is convicted and sentenced for a violation of the law governing prohibited drugs4 T s amended by Cepublic ct Go. #D3( Sec. 13U #. ny alien who practices prostitution or is an inmate of a house of prostitution or is connected with the management of a house of prostitution( or is a procurer4 $. ny alien who becomes a public charge within five years after entry from causes not affirmatively shown to have arisen subse3uent to entry4 &. ny alien who remains in the Philippines in violation of any limitation or condition under which he was admitted as a non0immigrant4 ,. ny alien who believes in( advises( advocates or teaches the overthrow by force and violence of the Lovernment of the Philippines( or of constituted law and authority or who disbelieves in or is opposed to organized government( or who advises( advocates or teaches the assault or assassination of public officials because of their office( or who advises( advocates( or teaches the unlawful destruction of property( or who is a member of or affiliated with anyorganization entertaining( advocating or teaching such doctrines( or who in any manner whatsoever lends assistance( financial or otherwise( to the dissemination of such doctrines4 +. ny alien who commits any of the acts described in sections forty0five of this ct( independent of criminal action which may be brought against him8 Provided( that in the case of alien who( for any reason( is convicted and sentenced to suffer both imprisonment and deportation( said alien shall first
ACADE-ICS CHAIR: "%S'%C K M " G %. *"/C%S II )ICE CHAIRS FOR ACADE-ICS: O C%G K/M ,. S <5L/ P K/FG F%GCM C. A%GI/Q
1D.
11.
12.
13.
serve the entire period of his imprisonment before he is actually deported8 Provided( however( that the imprisonment may be waived by the Commissioner of Immigration with the consent of the Iepartment Fead( and upon payment by the alien concerned of such amount as the Commissioner may fi. and approved by the Iepartment Fead4 TParagraph added pursuant to Cepublic ct Go. 1!!( Sec. 3U ny alien who( at any time within five years after entry( shall have been convicted of violating the provisions of the Philippine Commonwealth ct Gumbered Si. hundred and fifty0 three( otherwise )nown as the Philippine lien Cegistration ct of 1+!1WW9now lien Cegistration ct of 1+#D( Cepublic ct Go. #$2( as amendedU or who( at any time after entry( shall have been convicted more than once of violating the provisions of the same ct4 T dded pursuant to Cepublic ct Go. #D3( Sec. 13U ny alien who engages in profiteering( hoarding( or blac)0mar)eting( independent of any criminal action which may be brought against him4 T dded pursuant to Cepublic ct Go. #D3( Sec. 13U ny alien who is convicted of any offense penalized under Commonwealth ct Gumbered *our hundred and seventy0three( otherwise )nown as the Cevised Gaturalization "aws of the Philippines( or any law relating to ac3uisition of Philippine citizenship4 T dded pursuant to Cepublic ct Go. #D3( Sec. 13U ny alien who defrauds his creditor by absconding or alienating properties to prevent them from being attached or e.ecuted. T dded pursuant to Cepublic ct Go. #D3( Sec. 13U (P6#l#pp#!e *11#.r$t#o! 'ct of 194/)
7. D($4, Alcohol, a#% /loo% T sts Q: Is a law ( I$i(i#4 2a#%ato(3 %($4 t sti#4 "o( st$% #ts o" s co#%a(3 a#% t (tia(3 schools $#co#stit$tio#al? A: Go. It is within the prerogative of educational institutions to re3uire( as a condition for admission( compliance with reasonable school rules and regulations and policies. 'o be sure( the
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right to enroll is not absolute4 it is sub1ect to fair( reasonable( and e3uitable re3uirements. In sum8 1. 2. Schools and their administrators stand #! loco p$re!t#" with respect to their students4 Ainor students have conte.tually fewer rights than an adult( and are sub1ect to the custody and supervision of their parents( guardians( and schools4 Schools acting #! loco p$re!t#"( have a to safeguard the health and well0being of their students and may adopt such measures as may reasonably be necessary to discharge such duty4 and Schools have the right to impose conditions on applicants for admission that are fair( 1ust and non0discriminatory. (8=8 v. ,,:, G.R. No. 10+8+/, Nov. 3, 2//8)
: 1. <y lawful order of the court4 2. Public safety or public order as prescribed by law Q: Is th $s o" t l !ho# ?t #sio# a 6iolatio# o" R.A. B1MM ;A#ti=Wi( Ta!!i#4 Law<?
3. duty
!.
Q: Is a law ( I$i(i#4 2a#%ato(3 %($4 t sti#4 "o( o""ic (s a#% 2!lo3 s o" !$'lic a#% !(i6at o""ic s $#co#stit$tio#al? A: Go. s the warrantless clause of Sec. 2( rt. III of the Constitution is couched and as has been held( 6reasonableness7 is the touchstone of the validity of a government search or intrusion. nd whether a search at issue hews to the reasonableness standard is 1udged by the balancing of the government0 mandated intrusion on the individual;s privacy interest against the promotion of some compelling state interest. In the criminal conte.t( reasonableness re3uires showing probable cause to be personally determined by a 1udge. Liven that the drug0 testing policy for employeesEand students for that matterE under C. . +1$# is in the nature of administrative search needing what was referred to in )ero!#$ case as 6swift and informal procedures(7 the probable cause standard is not re3uired or even practicable. (8=8 v. ,,: $!& P,-', G.R. No. 10+8+/, Nov. 3, 2//8)
". RI,HT TO PRI)AC* IN CO--UNICATION AND CORRESPONDENCE Q: Th 4 # (al ($l is that th (i4ht to !(i6ac3 o" co22$#icatio# a#% co(( s!o#% #c is i#6iola'l . What a( th ?c !tio#s? A
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A: Go. 'he use of a telephone e.tension to overhear a private conversation is neither among those devices( nor considered as a similar device( prohibited under the law. (G$$!$! v. *'C, G.R. No. L698/9 October 16, 1986)
Not : nti0?iretapping ct only protects letters( messages( telephone calls( telegrams and the li)e. 'he law does not distinguish between a party to the private communication or a third person. Fence( both a party and a third person could be held liable under C. . !2DD if they commit any of the prohibited acts under C. . !2DD. 9R$1#re v. C', G.R. No. 93833 8ept. 28, 1990>
Q: Is th ta! ( co(%i#4 o" a t l !ho# co#6 (satio# co#tai#i#4 a ! (so#Hs a%2issio# a%2issi'l i# 6i% #c ? Wh3? A: Go. 'he tape0recorded conversation is not admissible in evidence. C. . !2DD ma)es the tape0 recording of a telephone conversation done without the authorization of all the parties to the conversation( inadmissible in evidence. In addition( the taping of the conversation violated the guarantee of privacy of communications enunciated in Section 3( rticle III of the Constitution. 98$lce&o Ort$!e v. C' (G.R. No. 11/662, 'u.u"t 4, 1994) Q: A( l tt (s o" a h$s'a#%Hs !a(a2o$( & !t i#si% th h$s'a#%Hs %(aw (, !( s #t % '3 th wi" i# th !(oc %i#4 "o( l 4al s !a(atio#, a%2issi'l i# 6i% #c ? A: Go( because marriage does not divest one of his@her right to privacy of communication. 9Huluet$ v. C', G.R. No. 1/+383, 4eb. 2/, 1996> Q: What %o s th stat ? ?cl$sio#a(3 ($l
A: ny evidence obtained in violation of the Constitution shall be inadmissible for any purpose in any proceeding. Fowever( in the absence of governmental interference( the protection against unreasonable search and seizure cannot be e.tended to acts committed by private individuals. (People v. 7$rt#, G.R. No. +81/9. =$!u$r9 18, 1991) Q: What is th w(it o" habeas data? A: It is a remedy available to any person whose right to privacy in life( liberty or security is violated or threatened by an unlawful act or omission of a public official or employee( or of a private individual or entity engaged in the gathering( collecting or storing of data or
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information regarding the person( family( home and correspondence of the aggrieved party. (8ec. 1, ?6e Rule o! t6e Mr#t of 5$be$" ,$t$, '. 7. No. /81168C, =$!. 22, 2//8) Q: What a( th ( li "s that 2a3 ' o'tai# % i# th ! titio# "o( iss$a#c o" w(it o" ha' as %ata? A: 'he reliefs may include the updating( rectification( suppression or destruction of the database or information or files )ept by the respondent and in case of threats of the unlawful act( the relief may include a prayer for an order en1oining the act complained of. general prayer for other reliefs that are 1ust and e3uitable under the circumstances is also allowed.
speech and of the press. 'here are laws of great significance but their violation( by itself and without more( cannot support suppression of free speech and free press. 'he totality of the in1urious effects of the violation to private and public interest must be calibrated in light of the preferred status accorded by the Constitution and by related international covenants protecting
4. FREEDO- OF E>PRESSION Q: What is th co#c !t a#% sco! o" !(ot ct % "( %o2 o" ?!( ssio# $#% ( th Co#stit$tio#? A : *reedom of speech *reedom of the press Cight of assembly and to petition the government for redress of grievances !. Cight to form associations or societies not contrary to law #. *reedom of religion $. Cight to access to information on matters of public concern. Q: What a( s! ch? co#si% ( % !(ot ct % 1. 2. 3.
A: Protected speech includes every form of e.pression( whether oral( written( tape or disc recorded. It includes motion pictures as well as what is )nown as symbolic speech such as the wearing of an armband as a symbol of protest. Peaceful pic)eting has also been included within the meaning of speech. Q: Do s a 6iolatio# o" a#3 law E$sti"3 th s$!!( ssio# o" ? (cis o" "( %o2 o" s! ch a#% o" th !( ss? A: Got every violation of a law will 1ustify strait1ac)eting the e.ercise of freedom of
freedom of speech and of the press. 'he need to prevent the violation of a law cannot per "e trump the e.ercise of free speech and free press( a preferred right whose breach can lead to greater evils. (4r$!c#"co C6$ve v. R$ul 7. Go! $le", G.R. No. 168338, 4eb. 10, 2//8) Q. What is th !(o6isio#? co#c !t ' hi#% th
Q: What is th "i(st !(ohi'itio# o" th "( s! ch a#% !( ss cla$s ?
A. Consistent with its intended role in society( it means that the people are )ept from any undue interference from the government in their thoughts and words. 'he guarantee basically flows from the philosophy that the authorities do not necessarily )now what is best for the people. (R.:. Goro"pe, Co!"t#tut#o!$l L$%J Note" '!& Re$&#!." O! ?6e :#ll Of R#.6t", C#t# e!"6#p '!& 8uffr$.e 442 (2//4) Q: What a( th li2itatio#s o" "( ?!( ssio#? %o2 o"
A: It should be e.ercised within the bounds of laws enacted for the promotion of social interests and the protection of other e3ually important individual rights such as8 1. "aws against obscenity( libel and slander 9contrary to public policy> 2. Cight to privacy of an individual 3. Cight of state@government to be protected from seditious attac)s !. "egislative immunities #. *raudulent matters $. dvocacy of imminent lawless conducts &. *ighting words ,. Luarantee implies only the right to reach a willing audience but not the right to compel others to listen( see or read Q: What a( th "o$( as! cts o" "( o" s! ch a#% !( ss? A : 1. 2. 3. !. *reedom from censorship or prior restraint *reedom from subse3uent punishment *reedom of access to information *reedom of circulation %o2
Not : 'here need not be total suppression4 even restriction of circulation constitutes censorship.
0. P(io( R st(ai#t
A: 'he first prohibition of the constitutional provision is the prohibition of prior restraint.
Not : Prior Cestraint means official government restrictions on the press or other forms of e.pression in advance of actual publication or dissemination. (:er!$", ?6e 198+ P6#l#pp#!e Co!"t#tut#o! ' Co1pre6e!"#ve Rev#e%er 2//6)
Rev#"e& Pe!$l Co&e) 2. Ob"ce!#t9 - in P#t$ v Court of 'ppe$l", the Supreme Court declared that the
Q: Is th
!(ohi'itio# o" !(io( ( st(ai#t
a'sol$t ? A: Go. 'here are e.ceptions to the rule. Ne$r v. 7#!!e"ot$, 283 28 69+ (1931) enumerates them8 1. ?hen a nation is at war( many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no court could regard them as protected by any constitutional right. 'he primary re3uirements of decency may be enforced against obscene publications. 'he security of community life may be protected against incitements to acts of violence and the overthrow by force of orderly government.
2. 3.
1. S$'s I$ #t P$#ish2 #t Q. What is th s co#% 'asic !(ohi'itio# o" th "( s! ch a#% !( ss cla$s ? A: 'he free speech and press clause also prohibits systems of subse3uent punishment which have the effect of unduly curtailing e.pression. (:er!$", ?6e 198+ P6#l#pp#!e Co!"t#tut#o! ' Co1pre6e!"#ve Rev#e%er 2//6, p.64) Q. Is "( %o2 "(o2 !$#ish2 #t a'sol$t ? s$'s I$ #t
A: Go( it may be properly regulated in the interest of the public. 'he State may validly impose penal and@or administrative sanctions such as in the following8 1. L#bel a public and malicious imputation of a crime( vice or defect( real or imaginary or any act omission( status tending to cause dishonor( discredit or contempt of a natural or 1udicial person( or blac)en the memory of one who is dead ('rt 303,
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3.
!.
determination of what is obscene is a 1udicial function. Cr#t#c#"1 of Off#c#$l Co!&uct - In Ne% NorF ?#1e" v. 8ull#v$!, 3+6 28 204 (1964), the constitutional guarantee re3uires a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice. R#.6t" of "tu&e!t" to free "peec6 #! "c6ool pre1#"e" !ot $b"olute - the school cannot suspend or e.pel a student solely on the basis of the articles he has written e.cept when such article materially disrupts class wor) or involves substantial disorder or invasion of rights of others. (7#r#$1 Colle.e 4ou!&$t#o! v. C', GR 12+93/, ,ece1ber 10, 2///) th Doct(i# o" Fai(
Q: Disc$ss Co22 #t.
A: 'he doctrine provides that while as a general rule( every discreditable public imputation is false because every man is presumed innocent( thus every false imputation is deemed malicious( as an e.ception( when the discreditable imputation is directed against a public person in his public capacity( such is not necessarily actionable. *or it to be actionable( it must be shown that either there is a false allegation of fact or comment based on a false supposition. Fowever( if the comment is an e.pression of opinion( based on established facts4 it is immaterial whether the opinion happens to be mista)en( as long as it might reasonably be inferred from facts. (:orC$l v. C', G.R. No. 126466, =$!. 14, 1999) Q: A #atio#al %ail3 # ws!a! ( ca((i % a# ?cl$si6 ( !o(t stati#4 that S #ato( >> ( c i6 % a ho$s a#% lot locat % at ** St( t, -a&ati, i# co#si% (atio# "o( his 6ot c$tti#4 ci4a( tt ta? s '3 :MT. Th S #ato( s$ % th # ws!a! (, its ( !o(t (, %ito( a#% !$'lish ( "o( li' l, clai2i#4 th ( !o(t was co2!l t l3 "als a#% 2alicio$s. Acco(%i#4 to th S #ato(, th ( is #o ** St( t i# -a&ati, a#% th ta? c$t was o#l3 1MT. H clai2 % o# 2illio# ! sos i# %a2a4 s. Th % " #%a#ts % #i % Cact$al 2alic ,C clai2i#4 !(i6il 4 % co22$#icatio# a#% a'sol$t "( %o2 o" th !( ss to ( !o(t o# !$'lic o""icials a#% 2att (s o" !$'lic co#c (#. I" th ( was a#3 ((o(, th # ws!a! ( sai% it wo$l% !$'lish th co(( ctio# !(o2!tl3. Is th ( Cact$al 2alic C i# th # ws!a! (Hs ( !o(ta4 ? How is Cact$al
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2alic C % "i# %? A( th % " #%a#ts lia'l "o( %a2a4 s? A: Since Senator JJ is a public person and the 3uestioned imputation is directed against him in his public capacity( in this case actual malice means the statement was made with )nowledge that it was false or with rec)less disregard of whether it was false or not. Since there is no proof that the report was published with )nowledge that it is false or with rec)less disregard of whether it was false or not( the defendants are not liable for damage. (:orC$l v. C', G.R. No. 126466, =$!. 14, 1999) Q: Is th *or&al %oct(i# a!!lica'l i# a cas wh ( th all 4atio#s a4ai#st a !$'lic o""icial w ( "als a#% that th Eo$(#alist %i% #ot ? (t ""o(t to 6 (i"3 th i#"o(2atio# ' "o( !$'lishi#4 his a(ticl s? A: Go. :orC$l may have e.panded the protection of 3ualified privileged communication beyond the instances given in rt. 3#! of the CPC( but this e.pansion does not cover such a case. 'he e.pansion spea)s of Hfair commentaries on matters of public interest.H ?hile :orC$l places fair commentaries within the scope of 3ualified privileged communication( the mere fact that the sub1ect of the article is a public figure or a matter of public interest does not automatically e.clude the author from liability. Fis articles cannot even be considered as 3ualified privileged communication under the second paragraph of rt. 3#! of the CPC which e.empts from the presumption of malice a fair and true report. Lood faith is lac)ing. 9?ulfo v". G.R. No. 161/32, 8epte1ber 16, 2//8)
Not : ?hen the prior restraint parta)es of a content0neutral regulation( it is sub1ect to an intermediate review. content0based regulation or any system or prior restraint comes to the Court bearing a heavy presumption against its unconstitutionality and thus measured against the clear and present danger rule( giving the government a heavy burden to show 1ustification for the imposition of such restraint and such is neither vague nor overbroad.
Q: Th NTC iss$ % a wa(#i#4 that that th co#ti#$o$s ai(i#4 o( '(oa%cast '3 (a%io a#% t l 6isio# statio#s o" th a# all 4 % wi( ta!! % co#6 (satio# i#6ol6i#4 th P( si% #t all 4 %l3 "i?i#4 6ot s i# th 1MMB #atio#al l ctio#s is a co#ti#$i#4 6iolatio# o" th A#ti=Wi( ta!!i#4 Law a#% shall ' E$st ca$s "o( th s$s! #sio#, ( 6ocatio# a#%So( ca#c llatio# o" th lic #s s o( a$tho(i5atio#s iss$ % to th sai% co2!a#i s. W ( th (i4hts to "( %o2 o" ?!( ssio# a#% o" th !( ss, a#% th (i4ht o" th ! o!l to i#"o(2atio# o# 2att (s o" !$'lic co#c (# 6iolat %? A: Mes( said rights were violated applying the clear and present danger test. 'he challenged acts need to be sub1ected to the clear and present danger rule( as they are content0based restrictions. 'he acts of G'C and the I/K Sec. focused solely on but one ob1ectEa specific contentE fi.ed as these were on the alleged taped conversations between the President and a C/A%"%C official. 5ndoubtedly these did not merely provide regulations as to the time( place or manner of the dissemination of speech or e.pression. governmental action that restricts freedom of speech or of the press based on content is given the strictest scrutiny( with the government having the burden of overcoming the presumed unconstitutionality by the clear and present danger rule. It appears that the great evil which government wants to prevent is the airing of a tape recording in alleged violation of the anti0 wiretapping law. 'he evidence falls short of satisfying the clear and present danger test. *irstly( the various statements of the Press Secretary obfuscate the identity of the voices in the tape recording. Secondly( the integrity of the taped conversation is also suspect. 'he Press Secretary showed to the public two versions( one supposed to be a 6complete7 version and the other( an 6altered7 version. 'hirdly( the evidence on the who;s and the how;s of the wiretapping act is ambivalent(
9. Co#t #t=/as % R 4$latio#
Co#t #t=N $t(al
Q: Disti#4$ish co#t #t=# $t(al ( 4$latio# "(o2 co#t #t='as % ( st(ai#t o( c #so(shi!. A :
CONTENT= NEUTRAL RE,ULATIO Substantial governmental interest is re3uired for their validity( and they are not sub1ect to the strictest form of 1udicial scrutiny rather only an intermediate approach0 somewhere between the rationality that is re3uired of a law and the compelling interest standard applied to content0based
CONTENT= /ASED RESTRAIN 'hey are given the strictest scrutiny in light of their inherent and invasive impact.
especially considering the tapes; different versions. 'he identity of the wire0tappers( the manner of its commission and other related and relevant proofs are some of the invisibles of this case. *ourthly( given all these unsettled facets of the tape( it is even arguable whether its airing would violate the anti0wiretapping law. 'here is no showing that the feared violation of the anti0 wiretapping law clearly endangers the national security of the State. (C6$ve v. Go! $le", G.R. No. 168338, 4eb. 10, 2//8)
A: 'he overbreadth doctrine permits a party to challenge the validity of a statute even though as applied to him it is not unconstitutional but it might be if applied to others not before the Court whose activities are constitutionally protected. (8ep$r$te op#!#o! of =u"t#ce 7e!&o $ #! Cru v. 8ecret$r9 of -!v#ro!1e!t $!& N$tur$l Re"ource", 34+ 8CR' 128, 2///) It is a type of facial challenge that prohibits the government from achieving its purpose by means that 6sweep unnecessarily broadly( reaching constitutionally protected as well as unprotected activity.
B. Facial Chall #4 s a#% O6 ('( a%th Doct(i#
Q: What %o 3o$ 2 a# '3 Facial Chall #4 s? A. facial challenge is a challenge to a statute in court( in which the plaintiff alleges that the legislation is always( and under all circumstances( unconstitutional( and therefore void.
Not : *acial challenge to a statute is allowed only when it operates in the area of freedom of e.pression. Invalidation of the statute on its face( rather than as applied( is permitted in the interest of preventing a chilling effect on freedom of e.pression. ( 8ep$r$te op#!#o! of =u"t#ce 7e!&o $ #! Cru v. 8ecret$r9 of -!v#ro!1e!t $!& N$tur$l Re"ource", 34+ 8CR' 128, 2/// )
have general #! terrore1 effect resulting from their very e.istence( and( if facial challenge is allowed for this reason alone( the State may well be prevented from enacting laws against socially harmful conduct. In the area of criminal law( the law cannot ta)e chances as in the area of free speech. (K72 v. -r1#t$, G.R. No. 1+800, October 0, 2/1/) Q: What is th Doct(i# ? O6 ('( a%th
Q: How is "(o2 Cas= a!!li %C chall #4 ?
C"acialC
chall #4
%i"" ( #t
A: Iistinguished from an as0applied challenge which considers only e.tant facts affecting real litigants( a facial invalidation is an e.amination of the entire law( pinpointing its flaws and defects( not only on the basis of its actual operation to the parties( but also on the assumption or prediction that its very e.istence may cause others not before the court to refrain from constitutionally protected speech or activities. (K72 v. -r1#t$, G.R. No. 1+800, October 0, 2/1/) Q: A( "acial chall #4 s allow % i# ! #al Go. Criminal statutes
stat$t s? A:
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:. T sts Q: What a( th t sts "o( 6ali% 4o6 (#2 #tal i#t (" ( #c to "( %o2 o" ?!( ssio#? A: 1. Cle$r $!& Pre"e!t ,$!.er te"t >ue"t#o!8 ?hether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a 3uestion of pro.imity and degree (8c6e!cF v. 28, 249 28 4+, 1919) -1p6$"#"8 'he danger created must not only be clear and present but also traceable to the ideas e.pressed. (Go! $le" v. CO7-L-C, G.R. No. L2+833, 'pr#l 18, 1969)
Not : 'his test has been adopted by our SC( and is most applied to cases involving freedom of e.pression.
2. ,$!.erou" te"t
?e!&e!c9
>ue"t#o!8 ?hether the speech restrained has a rational tendency to create the danger apprehended( be it far or remote( thus government restriction would then be allowed. It is not necessary though that evil is actually created for mere tendency towards the evil is enough. -1p6$"#"8 Gature of the circumstances under which the speech is uttered( though the speech per se may not be dangerous. 3. Gr$vebut*1prob$ble te"t ,$!.er
>ue"t#o!8 ?hether the gravity of the evil( discounted by its improbability( 1ustifies such an invasion of free speech as is necessary to
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avoid the danger (,e!!#" v. 28, 341 28 494, 1901)

Not : 'his test was meant to supplant the clear and present danger test.
7. Stat R 4$latio# o" Di"" ( #t T3! s o" -ass - %ia imminent lawless action.
Not : It criticizes the clear and present danger test for being too dependent on the specific circumstances of each case.
!. :$l$!c#!. of #!tere"t te"t >ue"t#o!8 which of the two conflicting interests 9not involving national security crimes> demands the greater protection under the particular circumstances presented8 a. ?hen particular conduct is regulated in the interest of public order b. nd the regulation results in an indirect( conditional and partial abridgement of speech (Go! $le" v. CO7-L-C, G.R. No. L 2+833, 'pr. 18, 1969). #. O;:r#e! te"t >ue"t#o!8 in situations when 6speech7 and 6non0 speech7 elements are combined in the same course of conduct( whether there is a sufficiently important governmental interest that warrants regulating the non0speech element( incidentally limiting the 6speech7 element.
Not : valid if8 a. government regulation is
It is within the constitutional power of the government4 b. In furtherance of an important or substantial governmental interest4 c. Lovernmental interest is unrelated to the suppression of free e.pression4 and d. 'he incidental restriction on the freedom is essential to the furtherance of that interest. (28 v. O;:r#e!, 391 28 36+, 1968I 8M8 v. CO7-L-C, G.R. 14+0+1, 7$9 0, 2//1)
$. ,#rect *!c#te1e!t te"t >ue"t#o!8 ?hat words did a person utter and what is the li)ely result of such utterance -1p6$"#"8 'he very words uttered( and their ability to directly incite or produce
Q: Ca# a# o"" #si6 a#% o'sc # la#4$a4 $tt ( % i# a !(i2 =ti2 t l 6isio# '(oa%cast which was asil3 acc ssi'l to th chil%( # ' ( aso#a'l3 c$(tail % a#% 6ali%l3 ( st(ai# %? A: Mes. In 8or#$!o v. 7?RC:, G.R. No. 160636, 'pr. 29, 2//9( the Court( applying the balancing of interest doctrine( ruled that the government;s interest to protect and promote the interests and welfare of the children ade3uately buttresses the reasonable curtailment and valid restraint on petitioner;s prayer to continue as program host of '!. ,$t#!. ,$$! during the suspension period. Soriano;s offensive and obscene language uttered on prime0time television broadcast( without doubt( was easily accessible to the children. Fis statements could have e.posed children to a language that is unacceptable in everyday use. s such( the welfare of children and the State;s mandate to protect and care for them( as p$re!" p$tr#$e( constitute a substantial and compelling government interest in regulating Soriano;s utterances in '2 broadcast. Q: Is '(oa%cast 2 %ia #titl % to th sa2 t( at2 #t $#% ( th "( s! ch 4$a(a#t o" th Co#stit$tio# as th !(i#t 2 %ia?
A8 Go. <ecause of the uni3ue and pervasive influence of the broadcast media( 6Gecessarily . . . the freedom of television and radio broadcasting is somewhat lesser in scope than the freedom accorded to newspaper and print media. (-$"ter! :ro$&c$"t#!. (,NR-) Corpor$t#o! v. ,$!", =r., 13+ 8CR' $t 630) Q: Ca# th t(ial o" Est(a%a i# th Sa#%i4a#'a3a# o( a#3 oth ( co$(t ' '(oa%cast % i# T) o( (a%io? A: Go. n accused has a right to a public trial( but it is not synonymous with a publicized trial. *reedom of the press and the accused;s protection from a possible pre1udicial publicized trial must be ta)en into consideration. nd unless there are safety nets to prevent this event( broadcast media cannot be allowed to publicize the trial. (ReJ Re3ue"t for R$&#o?) Cover$.e of t6e -"tr$&$ ?r#$l, '.7. No /14/38C, =u!e 29, 2//1 )
8. Co22 (cial S! ch Q: What is th 2 a#i#4 o" co22 (cial s! ch?
A: It is communication which 6no more than proposes a commercial transaction. dvertisements of goods or of services is an e.ample of this. (:er!$", t6e 198+ Co!"t#tut#o! of t6e Republ#c of t6e P6#l#pp#!e" Co1pre6e!"#ve Rev#e%er 2//6) Q: I# o(% ( "o( 4o6 (#2 #t to c$(tail co22 (cial s! ch what 2$st ' show#? A: 'o en1oy protection( commercial speech8 1. Aust not be false or 1#"le$&#!. (4r#e&1$! v. Ro.er", 44/ 28 1 (19+9) and 2. Should not propose an illegal transaction( P#tt"bur.6 Pre"" Co. v 5u1$! Rel$t#o!" Co11#""#o!", 413 28 3+6(19+3) .
Not : Fowever( even truthful and lawful commercial speech maybe regulated if 91> government has a substantial interest to protect4 92> the regulation directly advances that interest4 and 93> it is not more than e.tensive than is necessary to protect that interest. (Ce!tr$l 5u&"o! G$" E -lectr#c Corp v. Publ#c 8erv#ce Co11#""#o! of NN, 44+ 28 00+ (198/)
2eto was coined by 5niversity Chicago professor of law Farry Oalven.
of
It may be in the guise of a permit re3uirement in the holding of rallies( parades( or demonstrations conditioned on the payment of a fee computed on the basis of the cost needed to )eep order in view of the e.pected opposition by persons holding contrary views. 9Goro"pe, 2//6, c#t#!. 4or"9t6 Cou!t9 v. N$t#o!$l#"t 7ove1e!t, 310 2.8. 068, 1942)
h. FREEDO- OF ASSE-/L* AND PETITION Q: Is th (i4ht to ass 2'l3 s$'E ct to !(io( ( st(ai#t? A: Go. It may not be conditioned upon the prior issuance of a permit or authorization from government authorities. Fowever( the right must be e.ercised in such a way as will not pre1udice the public welfare. Q: What is th s3st 2? so=call % ! (2it
A. Pi6at 6. ,o6 (#2 #t S a(ch Q: Di"" ( #tiat F(o2 P(i6at S! ch. A:

P(i6at S! ch 'he right of a person to freely spea) one;s mind is a highly valued freedom in a republican and democratic society. ('"6croft v. 4ree 8peec6 Co$l#t#o!, 030 2.8. 234 (2//2))
A: 5nder the permit system( before one can use a public place( one must first obtain prior permit from the proper authorities. Such is valid if8 1. It is concerned only with the time( place( and manner of assembly4 and It does not vest on the licensing authority unfettered discretion in choosing the groups which could use the public place and discriminate others.
,o6 (#2 #t
S!
ch 2.
,o6 (#2 #t S! ch speech where the government may advance or restrict its own speech in a manner that would clearly be forbidden were it regulating the speech of a private citizen. 9doctrine was implied in Moole9 v. 7$9!$r& in 1+&1>
Not : Permits are not re3uired for designated freedom par)s.
Q: What is th ($l o# ass 2'l3 i# !(i6at !(o! (ti s? A: /nly the consent of the owner of the property or person entitled to possession thereof is re3uired. Q: What a( th two t sts a!!lica'l to th ? (cis o" th (i4ht to ass 2'l3? A :
@. H c&l (Hs ) to Q: What is a H c&l (Hs ) to?
1. A: hec)lerRs veto occurs when an acting partyRs right to freedom of speech is curtailed or restricted by the government in order to prevent a reacting partyRs behavior. 'he term Fec)ler;s
Purpo"e ?e"t - loo)s into the purpose of the assembly regardless of its bac)ers. 9,e =o!.e v. Ore.o!, 299 28 303, 360, 193+)
2.
'u"p#ce" ?e"t @ loo)s the bac)ers@supporters.
into
freedom of religious profession and worship
Not : 'he ruling in -v$!.el#"t$ v. -$r!"6$% (G.R. No. 36403, 8ept. 28, 1932> is not yet abrogated00 Aayor revo)ed permits he already granted because the group( the Communist Party of the Philippines( was found by the fiscal to be an illegal association. ?hen the intention and effect of the act is seditious( the constitutional guaranties of freedom of speech and press and of assembly and petition must yield to punitive measures designed to maintain the prestige of constituted authority( the supremacy of the Constitution and the laws( and the e.istence of the State.
Q: Is th co#c !t o" ! o!l !ow ( ( co4#i5 % i# th Co#stit$tio#? Disc$ss '(i "l3. A: Mes. Constitution8 1. 'he
2.
3.
!.
Luarantees the right of the people to peaceably assemble and petition the government for redress of grievances (8ec. 4, 'rt#cle ***,). Ce3uires Congress to pass a law allowing the people to directly propose and enact laws through initiative and to approve or re1ect any act or law or part of it passed by Congress or a local legislative body (8ec. 32, 'rt#cle )*). Provides that the right of the people and their organizations to participate at all levels of social( political( and economic decision0 ma)ing shall not be abridged and that the State shall( by law( facilitate the establishment of ade3uate consultation mechanisms (8ec. 16, 'rt#cle (***). Provides that sub1ect to the enactment of an implementing law( the people may directly propose amendments to the Constitution through initiative (8ec. 2, 'rt#cle ()**).
i. FREEDO- OF RELI,ION Q: What a( co#tai# % i# S c. : A(ticl Co#stit$tio#? A : Gon0establishment clause4 *ree e.ercise clause( )ICE C2. HAIR FOR AD-INISTRATION AND F INANCE8
ICE CHAIRS FOR LA*=OUT AND DESI,N: % % G%""% C. "%% )K 'F%%G C. A C'IG%Q
th III o"
two th
4$a(a#t 0@A8
1.
or
A
the
S C M G
C" "/5I% A.
0. No#= sta'lish2 #t Cla$s Q: What is th cla$s ? #o#= sta'lish2 #t
A : 1. 'a. e.emption on property actually( directly and e.clusively used for religious purposes4 2. Celigious instruction in public schools8 a. t the option of parents@guardians e.pressed in writing4 b. ?ithin the regular class hours by instructors designated or approved by religious authorities of the religion to which the children belong4 c. ?ithout additional costs to the government4 *inancial support for priest( preacher( minister( or dignitary assigned to the armed forces( penal institution or government orphanage or leprosarium4 Lovernment sponsorship of town fiestas( some purely religious traditions have now been considered as having ac3uired secular character4 and Postage stamps depicting Philippines as the venue of a significant religious event - benefit to the religious sect involved was merely incidental as the
A: 'he non0establishment clause states that the State cannot8 1. Set up a church 2. Pass laws which aid one or all religions or prefer one over another 3. Influence a person to go to or stay away from church against his will !. *orce him to profess a belief or disbelief in any religion 3. 1. F( =E? (cis Cla$s
Q: What a( th as! cts o" "( %o2 o" ( li4io$s !(o" ssio# a#% wo(shi!? A: 'hese are the right to believe( which is absolute( and the right to act on one;s belief( which is sub1ect to regulation. Q: ,i6 so2 th #o#= sta'lish2 #t cla$s E$(is!($% #c . ?c !tio#s as h l% '3 to
!.
#.
91
S C M G
promotion of Philippines as a tourist destination was the primary ob1ective. Q: What is th t st? L 2o#
!iso% s o" th !(o4(a2 which attac& % oth ( ( li4io#s, th -TRC/ ( I$i( % th o(4a#i5atio# to s$'2it its ta! s "o( ( 6i w !(io( to ai(i#4. Th ( li4io$s
A: It is a test to determine whether an act of the government violates the non0 establishment clause. 'o pass the "emon test( a government act or policy must8 1. Fave a secular purpose4 2. Got promote or favor any set of religious beliefs or religion generally4 and 3. Got get the government too closely involved 96entangled7> with religion. Q: What is th Co2! lli#4 Stat I#t ( st t st? A: It is the test used to determine if the interests of the State are compelling enough to 1ustify infringement of religious freedom. It involves a three0step process8 1. 5$" t6e "t$tute or .over!1e!t $ct#o! cre$te& $ bur&e! o! t6e free e<erc#"e of rel#.#o!O @ Courts often loo) into the sincerity of the religious belief( but without in3uiring into the truth of the belief since the free e.ercise clause prohibits in3uiring about its truth. *" t6ere $ "uff#c#e!tl9 co1pell#!. "t$te #!tere"t to Cu"t#f9 t6#" #!fr#!.e1e!t of rel#.#ou" l#bert9O @ In this step( the government has to establish that its purposes are legitimate for the State and that they are compelling. 5$" t6e 8t$te #! $c6#ev#!. #t" le.#t#1$te purpo"e" u"e& t6e le$"t #!tru"#ve 1e$!" po""#ble "o t6$t t6e free e<erc#"e #" !ot #!fr#!.e& $!9 1ore t6$! !ece""$r9 to $c6#eve t6e le.#t#1$te .o$l of t6e 8t$teO - 'he analysis re3uires the State to show that the means in which it is achieving its legitimate State ob1ective is the least intrusive means( or it has chosen a way to achieve its legitimate State end that imposes as little as possible intrusion on religious beliefs.
2.
3.
Q: A ( li4io$s o(4a#i5atio# has a w &l3 t l 6isio# !(o4(a2. Th !(o4(a2 !( s #ts a#% !(o!a4at s its ( li4io$s %oct(i# s a#% co2!a( s th i( !(actic s with thos o" oth ( ( li4io#s. As th -TRC/ "o$#% as o"" #si6 s 6 (al
o(4a#i5atio# '(o$4ht th cas to co$(t o# th 4(o$#% that th actio# o" th -TRC/ s$!!( ss s its "( %o2 o" s! ch a#% i#t (" ( s with its (i4ht to "( ? (cis o" ( li4io#. D ci% . A: 'he religious organization cannot invo)e freedom of speech and freedom of religion as grounds for refusing to submit the tapes to the A'CC< for review prior to airing. ?hen the religious organization started presenting its program over television( it went into the realm of action. 'he right to act on oneRs religious belief is not absolute and is sub1ect to police power for the protection of the general welfare. Fence the tapes may be re3uired to be reviewed prior to airing. Fowever( the A'CC< cannot ban the tapes on the ground that they attac)ed other religions. In *.le"#$ !# Cr#"to v. C', G.R. No. 1196+3, =ul9 26, 1996, the Supreme Court held that8 H%ven a side glance at Sec. 3 of P.I. Go. 1+,$ will reveal that it is not among the grounds to 1ustify an order prohibiting the broadcast of petitionerRs television program.H Aoreover( the broadcasts do not give rise to a clear and present danger of a substantive evil. Q: >, a co$(t i#t (!( t (, is li6i#4 with a 2a# #ot h ( h$s'a#%. * "il % th cha(4 a4ai#st > as h ' li 6 s that sh is co22itti#4 a# i22o(al act that ta(#ish s th i2a4 o" th co$(t, th$s sh sho$l% #ot ' allow % to ( 2ai# 2!lo3 % th ( i# as it 2i4ht a!! a( that th co$(t co#%o# s h ( act. > a%2itt % that sh has ' # li6i#4 with D witho$t th ' # "it o" 2a((ia4 "o( tw #t3 3 a(s a#% that th 3 ha6 a so#. /$t as a 2 2' ( o" th ( li4io$s s ct &#ow# as th + ho6ahHs Wit# ss s a#% th Watch Tow ( a#% /i'l T(act Soci t3, th i( co#E$4al a((a#4 2 #t is i# co#"o(2it3 with th i( ( li4io$s ' li "s. I# "act, a"t ( t # 3 a(s o" li6i#4 to4 th (, sh ? c$t % o# +$l3 1A, 0@@0 a FD cla(atio# o" Pl %4i#4 Faith"$l# ss. Sho$l% >Hs (i4ht to ( li4io$s "( %o2 ca(6 o$t a# ?c !tio# "(o2 th !( 6aili#4 E$(is!($% #c o# illicit ( latio#s "o( which 4o6 (#2 #t 2!lo3 s a( h l% a%2i#ist(ati6 l3 lia'l ? A: Mes. %scritor;s con1ugal arrangement cannot be penalized as she has made out a case for e.emption from the law based on her fundamental right to freedom of religion. 'he Court recognizes that State interests must be upheld in order that freedoms - including religious freedom - may be en1oyed. In the area of religious e.ercise as a preferred freedom(
however( man stands accountable to an authority higher than the State( and so the State interest sought to be upheld must be so compelling that its violation will erode the very fabric of the State that will also protect the freedom. In the absence of a showing that such State interest e.ists( man must be allowed to subscribe to the Infinite 9-"tr$&$ v. -"cr#tor, '.7. No. P/21601, =u!e 22, 2//6> . Q: C>C is s (6i#4 his !(iso# s #t #c i# -$#ti#l$!a. H ' lo#4s to a ( li4io$s s ct that !(ohi'its th ati#4 o" 2 at. H as& % th Di( cto( o" P(iso#s that h ' s (6 % with 2 atl ss %i t. Th Di( cto( ( "$s % a#% C>C s$ % th Di( cto( "o( %a2a4 s "o( 6iolati#4 his ( li4io$s "( %o2. D ci% . A: Mes. 'he Iirector of Prison is liable under rticle 32 of the Civil Code for violating the religious freedom of HJH. ccording to the decision of the 5nited States Supreme Court in the case of OPLo!e v. -"t$te of 86$b$ , 1/+ 8. Ct. 24//, convicted prisoners retain their right to free e.ercise of religion. t the same time( lawful incarceration brings about necessary limitations of many privileges and rights 1ustified by the considerations underlying the penal system. In considering the appropriate balance between these two factors( reasonableness should be the test. ccommodation to religious freedom can be made if it will not involve sacrificing the interests of security and it will have no impact on the allocation of resources of the penitentiary. In this case( providing HJH with a meatless diet will not create a security problem or unduly increase the cost of food being served to the prisoners. In fact( in the case of OP Lo!e v. -"t$te of 86$b$ , it was noted that the Aoslem prisoners were being given a different meal whenever por) would be served. Q: A#4 La%la% is a# o(4a#i5atio# co2!os % o" 2 # a#% wo2 # who i% #ti"3 th 2s l6 s as l s'ia#s, 4a3s, 'is ?$als, o( t(a#s=4 #% ( % i#%i6i%$als ;L,/Ts<. A#4 La%la% a!!li % "o( ( 4ist(atio# with th CO-ELEC. Th CO-ELEC %is2iss % th ! titio# o# 2o(al 4(o$#%s, stati#4 that % "i#itio# o" s ?$al o(i #tatio# o" th L,/T s cto( 2a& s it c(3stal cl a( that ! titio# ( tol (at s i22o(alit3 which o"" #%s ( li4io$s ' li "s 'as % o# th /i'l a#% th Jo(a#. A#4 La%la% a(4$ % that th % #ial o" acc( %itatio#, i#so"a( as it E$sti"i % th ?cl$sio# '3 $si#4 ( li4io$s %o42a, 6iolat % th co#stit$tio#al 4$a(a#t s ) ICE CHAIR FOR AD-INISTRATION AND FINANCE8 K% G%""% C. "%% a4ai#st th sta'lish2 #t o" ( li4io#. Is
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A: Mes. It was grave violation of the non0 establishment clause for the C/A%"%C to utilize the <ible and the Ooran to 1ustify the e.clusion of ng "adlad. /ur Constitution provides in rticle III( Section # that 6no law shall be made respecting an establishment of religion( or prohibiting the free e.ercise thereof.7 t bottom( what our non0establishment clause calls for is government neutrality in religious matters. Clearly( governmental reliance on religious 1ustification is inconsistent with this policy of neutrality 9'!. L$&l$& LG:? P$rt9 v. CO7-L-C, G.R. No. 19/082, 'pr. 8, 2/1/>. 'he government must act for secular purposes and in ways that have primarily secular effects. 'hat is( the government proscribes this conduct because it is Hdetrimental 9or dangerous> to those conditions upon which depend the e.istence and progress of human societyH and not because the conduct is proscribed by the beliefs of one religion or the other. 9-"tr$&$ v. -"cr#tor, 492 8CR' 1, 2//6>
Gevertheless( the right to return may be considered as a generally
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E. LI/ERT* OF A/ODE AND RI,HT TO TRA)EL Q: What a( th (i4hts 4$a(a#t S ctio# 7 o" th /ill o" Ri4hts? A: a. b. *reedom to choose and change one;s place of abode4 and *reedom to travel within the country and outside. % $#% (
0. Li2itatio#s Q: What is th li2itatio# o# th li' (t3 o" a'o% ? A: 'he liberty of abode may be impaired only upon lawful order of the court and within the limits prescribed by law.
1. R t$(# to O# Hs Co$#t(3 Q: Is th (i4ht to ( t$(# to o# Hs co$#t(3 4$a(a#t % i# th /ill o" Ri4hts? A: 'he right to return to one;s country is not among the rights specifically guaranteed in the <ill of Cights( which treats only of the ICE CHAIR FOR AD-INISTRATION AND FINANCE8 K% G%""% C. "%% liberty ) of abode and the right to travel.
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accepted principle of International law( and under the Constitution( is part of the law of the land. Fowever( it is distinct and separate from the right to travel and en1oys a different protection under the Intl. Covenant of Civil and Political Cights. (7$rco" v. 7$!.l$pu", G.R. No. 88211, 8ept. 10, 1989 E Oct. 2+, 1989) Q: Th 2ilita(3 co22a#% ( i# cha(4 o" th o! (atio# a4ai#st ( ' l 4(o$!s %i( ct % th i#ha'ita#ts o" th isla#% which wo$l% ' th ta(4 t o" attac& '3 4o6 (#2 #t "o(c s to 6ac$at th a( a a#% o"" ( % th ( si% #ts t 2!o(a(3 2ilita(3 ha2l t. Ca# th 2ilita(3 co22a#% ( "o(c th ( si% #ts to t(a#s" ( th i( !lac s o" a'o% witho$t a co$(t o(% (? A: Go( the military commander cannot do so without a court order. 5nder Sec. $( rt. III of the Constitution( a lawful order of the court is re3uired before the liberty of abode and of changing the same can be impaired. Q: What is th li2itatio# o# th (i4ht to t(a6 l? A: 'he limitations are the interest of national security( public safety or public health( as may be provided by law. ?ith respect to the right to travel( it is settled that only a court may issue a hold departure order against an individual addressed to the <ureau of Immigration and Ieparture. Fowever( administrative authorities( such as passport0 officers( may li)ewise curtail such right in the interest of national security( public safety( or public health( as may be provided by law.
Not : 'he right only affords access to records( documents and papers( which means the opportunity to inspect and copy them at his e.pense. 'he e.ercise is also sub1ect to reasonable regulations to protect the integrity of public records and to minimize disruption of government operations.
0. Li2itatio#s Q: What a( th li2itatio#s a#% ?c !tio#s to th (i4ht to i#"o(2atio# a#% acc ss to !$'lic ( co(%s? A :
consummation of the transaction.
&. RI,HT TO INFOR-ATION AND ACCESS TO PU/LIC RECORDS Q: What is th (i4ht? sco! o" th
A: 'his covers information on matters of public concern. It pertains to access to official records( documents and papers pertaining to official acts( transactions or decisions( as well as to government research data used as basis for policy development. 'he SC has held in C6$ve v. P-' $!& '7'R* (G.R. No. 13320/, =ul9 9, 2//2) that the right to information contemplates inclusion of negotiations leading to the
,R: 'he access must be for a lawful purpose and is sub1ect to reasonable conditions by the custodian of the records. >PNS: 'he right does not e.tend to the following8 1. Information affecting national security( military and diplomatic secrets. It also includes inter0government e.changes prior to consultation of treaties and e.ecutive agreement as may reasonably protect the national interest Aatters relating to investigation( apprehension( and detention of criminals which the court may not in3uire into prior to arrest( prosecution and detention 'rade and industrial secrets and other ban)ing transactions as protected by the Intellectual Property Code and the Secrecy of <an) Ieposits ct /ther confidential information falling under the scope of the %thical Safety ct concerning classified information
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1. P$'licatio# o" Laws a#% R 4$latio#s Q: Is th ( a # % "o( !$'licatio# o" laws to ( i#"o(c th (i4ht to i#"o(2atio#? A: Mes. In ?$!$&$ v. ?uver$, the Court said "aws must come out in the open in the clear light of the sun instead of s)ul)ing in the shadows with their dar)( deep secrets. Aysterious pronouncements and rumored rules cannot be recognized as binding unless their e.istence and contents are confirmed by a valid publication
intended to ma)e full disclosure and give proper notice to the people.
# 4otiatio#s ' tw # th Phili!!i# s a#% +a!a#. A( th s 2att (s o" !$'lic co#c (#? Ca# th 3 ' %isclos %? A: 'here is a distinction between the te.t of the treaty and the offers and negotiations. 'hey may compel the government to disclose the te.t of the treaty but not the offers between CP and Kapan( because these are negotiations of e.ecutive departments. Iiplomatic Communication negotiation is privileged information. ('Fb$9$! v. '3u#!o, G.R. No. 1+/016, =ul9 16, 2//8)
9. Acc ss to Co$(t R co(%s Q: D$(i#4 th ! #% #c3 o" th i#t stat !(oc %i#4s, Ra2o#, a c( %ito( o" th % c as %, "il % a 2otio# with a !(a3 ( that a# o(% ( ' iss$ % ( I$i(i#4 th /(a#ch Cl (& o" Co$(t to "$(#ish hi2 with co!i s o" all !(oc ss s a#% o(% (s a#% to ( I$i( th a%2i#ist(at(i? to s (6 hi2 co!i s o" all !l a%i#4s i# th !(oc %i#4s. Th E$%4 % #i % th 2otio# ' ca$s th law %o s #ot 4i6 a 'la#& t a$tho(it3 to a#3 ! (so# to ha6 acc ss to o""icial ( co(%s a#% %oc$2 #ts a#% !a! (s ! (tai#i#4 to o""icial acts. Th E$%4 sai% that his i#t ( st is 2o( o" ! (so#al tha# o" !$'lic co#c (#. Is th E$%4 co(( ct? A: Go. 'he right to information on matters of public concern is a constitutional right. Fowever( such is not absolute. 5nder the Constitution( access is sub1ect to limitations as may be provided by law. 'herefore( a law may e.empt certain types of information from public scrutiny such as national security. 'he privilege against disclosure is recognized with respect to state secrets bearing on the military( diplomatic and similar matter. Since intestate proceedings do not contain any military or diplomatic secrets which will be disclosed by its production( it is an error on the part of the 1udge to deny Camon;s motion. 95#&$l.o v. Re9e", '7 No. R?=/0191/, 'pr. 10, 2//0 >
l. FREEDO- OF ASSOCIATION Q: What is th %i"" ( #c ' tw # th (i4ht to $#io#i5 a#% th (i4ht to associatio#? A: 'he right to unionize is an economic and labor right while the right to association in general is a civil0political right. Q: What co#stit$t s associatio#? "( %o2 o"
A: *reedom of association includes the freedom not to associate( or( if one is already a member( to disaffiliate from the association Q: Is th (i4ht to st(i& i#cl$% % i# th (i4ht to "o(2 $#io#s o( "( %o2 o" ass 2'l3 '3 4o6 (#2 #t 2!lo3 s? A: Go( the right to stri)e is not included. 'heir employment is governed by law. It is the Congress and administrative agencies which dictate the terms and conditions of their employment. 'he same is fi.ed by law and circulars and thus not sub1ect to any collective bargaining agreement.
Not : Pursuant to Sec. !( Cule III of the Cules and Cegulations to Lovern the %.ercise of the Cight of Lovernment %mployees to Self0 /rganization( the terms and conditions of employment in the Lovernment( including any of its instrumentalities( political subdivision and government owned and controlled corporations with original charters( are governed by law and employees therein shall not stri)e for the purpose of securing changes thereof. (888 -1plo9ee" '""oc#$t#o! v. C', GR. No. 802+9, =ul9 28, 1989) 'he only available remedy for them is to lobby for better terms of employment with Congress.
B. ,o6 (#2 #t Co#t(act N 4otiatio#s Q: -a3 th 4o6 (#2 #t, PC,,, ' ( I$i( % to ( 6 al t (2s o" a co2!(o2is a4( -a(cos h i(s as ( 4a(%s th 4ott # w alth? th(o$4h th th !(o!os % 2 #t with th i( all 4 % ill=
A: It is incumbent upon the PCLL( and its officers( as well as other government representatives( to disclose sufficient public information on any proposed settlement they have decided to ta)e up with the ostensible owners and holders of ill0 gotten wealth. Such information must pertain to definite propositions of the government. 9C6$ve v.PCGG, G.R. No. 13/+16, ,ece1ber 9, 1998) :. Di!lo2atic )ICE CHAIR FOR AD-INISTRATION AND FINANCE8 NUT 4otiatio#s ICE CHAIRS FOR LA*=O AND DESI,N: % C" "/5I% A. A % G%""% C. "%% )K 'F%%G C. A C'IG%Q
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Q: P titio# (s ( I$ st that th 3 ' 4i6 #
a co!3 o" th t ?t o" th th o"" (s a#%

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Q. Wh # a !a(tic$la( !$'lic $s is a'a#%o# %, %o s its "o(2 ( ow# ( acI$i( a ca$s o" actio# "o( ( co6 (3 o" th !(o! (t3? A: ?hen land has been ac3uired for public use in fee simple( unconditionally( either by the e.ercise of eminent domain or by purchase( the former owner retains no rights in the land( and the public use may be abandoned or the land may be devoted to a different use( without any impairment of the estate or title ac3uired( or any reversion to the former owner. ('?O pet#t#o!er", v". 'polo!#o Gopuco, =r. G.R No. 108063( =u!e 3/, 2//0 )
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1. -isc lla# o$s A!!licatio# Q: A# o(%i#a#c o" Q$ 5o# Cit3 ( I$i( s 2 2o(ial !a(& o! (ato(s to s t asi% at l ast 7T o" th i( c 2 t (3 "o( cha(it3 '$(ial o" % c as % ! (so#s. Is this a 6ali% ? (cis o" !olic !ow (? A: Go( it constitutes ta)ing of property without 1ust compensation. Instead of building or maintaining a public cemetery for this purpose( the city passes the burden to private cemeteries. (C#t9 Gover!1e!t of >ue o! C#t9 v". -r#ct$, G.R. No. L34910, =u!. 24, 1983) Q: Ca# th ( ' wa3 as 2 #t? ?!(o!(iatio# i# (i4ht o"
A: Mes. %.propriation is not limited to the ac3uisition of real property with a corresponding transfer of title or possession the right of way easement resulting in a restriction of limitation on property right over the land traversed by transmission lines also falls within the ambit of the term e.propriation. (NPC v. 7$r#$ 7e!&o $ 8$! Pe&ro G.R. No. 1+/940 8epte1ber 26, 2//6) Q: Ca$s'3 s$ % th U#it % Stat s "o( t( s!assi#4 o# his la#%, co2!lai#i#4 s! ci"icall3 a'o$t how Clow="l3i#4 2ilita(3 !la# s ca$s % th !lai#ti""sN chic& #s to NE$2! $! a4ai#st th si% o" th chic& # ho$s a#% th walls a#% '$(st th 2s l6 s o! # a#% %i . A( th 3 #titl % to co2! #satio# '3 ( aso# o" ta&i#4 cla$s ? A: 'here is ta)ing by reason of the fre3uency and altitude of the flights. Causby could not use his land for any purpose. 928 v. C$u"b9, 328 2.8. 206 ,
Q: Th Natio#al Histo(ical I#stit$t % cla( % th !a(c l o" la#% ow# % '3 P titio# (s as a #atio#al histo(ical la#%2a(&, ' ca$s it was th sit o" th 'i(th o" F li? -a#alo, th "o$#% ( o" I4l sia #i C(isto. Th R !$'lic o" th Phili!!i# s "il % a# actio# to a!!(o!(iat th la#%. P titio# (s a(4$ % that th ?!(o!(iatio# was #ot "o( a !$'lic !$(!os . Is this co(( ct? A: Public use should not be restricted to the traditional uses. 'he ta)ing is for a public use because of the contribution of *eli. Aanalo to the culture and history of the Philippines. (7$!o"c$ v. C' , GR No 1/644/, =$!. 29, 1996) Q: Is ?!(o!(iatio# o" !(i6at la#%s "o( sl$2 cl a(a#c a#% $('a# % 6 lo!2 #t "o( !$'lic !$(!os ? A: Mes it is for public purpose even if the developed area is later sold to private homeowners( commercial firms( entertainment and service companies and other private concerns. (Re9e" v. N5' G.R. No. 4+011. =$!u$r9 2/, 2//3)
#. CONTRACT CLAUSE o( NON= I-PAIR-ENT CLAUSE Q: -a3 laws ' #act % 6 # i" th wo$l% ' th i2!ai(2 #t o" co#t(acts? A: ,R: 2alid contracts should be respected by the legislature and not tampered with by subse3uent laws that will change the intention of the parties or modify their rights and obligations. 'he will of the parties to a contract must prevail. later law which enlarges( abridges( or in any manner changes the intent of the parties to the contract necessarily impairs the contract itself and cannot be given retroactive effect without violating the constitutional prohibition against impairment of contracts. (8$!.$l$!. v. *'C, GR No. +1169, ,ece1ber 22, 1988) >PN: %nactment of laws pursuant to the e.ercise of police power because public welfare prevails over private rights. It is deemed embedded in every contract a reservation of the State;s e.ercise of police power( eminent domain and ta.ation( so long as it deals with a matter affecting the public welfare. (PN: v Re1#.#o, G.R. No +80/8, 7$rc6 21, 1994) ( s$lt
Q: What i2!ai(2 #t?
co#stit$t s
A: ny statute which introduces a change into the e.press terms of the contract( or its legal construction( or its validity( or its discharge( or the remedy for its enforcement( impairs the contract. (:l$cF;" L$% ,#ct#o!$r9)
Not : *ranchises( privileges( licenses( etc. do not come within the conte.t of the provision( since these things are sub1ect to amendment( alteration or repeal by Congress when the common good so re3uires.
employees( domestic servants and laborers. (C$b$!.#" v. 'l1e&$ Lope , G.R. No. 4+680, 8epte1ber 2/, 194/)
Q: PAL ;a "o(2 ( ,OCC< a#% J$wait Ai(wa3s #t ( % i#to a Co22 (cial A4( 2 #t a#% +oi#t S (6ic s A4( 2 #t. Ca# th ? c$tio# o" th Co22 (cial - 2o(a#%$2 o" U#% (sta#%i#4 ' tw # J$wait a#% Phili!!i# ,o6 (#2 #t a$to2aticall3 t (2i#at th a"o( 2 #tio# % a4( 2 #t? A: Go( because an act of the Phil. Lov;t negating the commercial agreement between the two airlines would infringe the vested rights of a private individual. Since P " was already under private ownership at the time the CA5 was entered into( the Court cannot presume that any and all commitments made by the Phil. Lov;t are unilaterally binding on the carrier even if this comes at the e.pense of diplomatic embarrassment. %ven granting that the police power of the State may be e.ercised to impair the vested rights of privately0owned airlines( the deprivation of property still re3uires due process of law. 9Ku%$#t '#rl#!e Corpor$t#o! v. P'L, G.R. No. 106/8+, 7$9 8, 2//9> Q: -a3 th ( ' a 6ali% i2!ai(2 #t o" co#t(acts 6 # i" th act i# I$ stio# is %o# '3 a# #tit3 oth ( tha# th l 4islat$( ? A: Mes. 'he act need not be by a legislative office4 but it should be legislative in nature. (P6#l#pp#!e Rur$l -lectr#c Cooper$t#ve" '""oc. v. ,*LG 8ec, G.R. No. 143/+6, =u!e 1/, 2//3)
o. LE,AL ASSISTANCE AND FREE ACCESS TO COURTS Q. What is th !(o6isio#? si4#i"ica#c o" this
A. It is the basis for the provision of Section 1&( Cule # of the Gew Cules of Court allowing litigation in for1$ p$uper#" . 'hose protected include low paid
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'hey need not b e persons so poor that they must be supported at public e.pense. It suffices that the plaintiff is indigent. nd the difference between paupers and indigent persons is that the latter are persons who have no property or sources of income sufficient for their support aside from their own labor though self supporting when able to wor) and in employment. ('c$r v. Ro"$l, G.R. No. L21+/+, 7$rc6 18, 196+)
A : 1. 2. Fe cannot cross0e.amine Go right to counsel e.cept when confession is being obtained
!. RI,HTS OF SUSPECTS Q: What a( th -i(a#%a (i4hts? A: 'hese are the rights to which a person under custodial investigation is entitled. 'hese rights are8 1. Cight to remain silent 2. Cight to competent and independent counsel( preferably of his own choice 3. Cight to be reminded that if he cannot afford the services of counsel( he would be provided with one !. Cight to be informed of his rights #. Cight against torture( force( violence( threat( intimidation or any other means which vitiate the free will $. Cight against secret detention places( solitary( incommunicado( or similar forms of detention &. Cight to have confessions or admissions obtained in violation of these rights considered inadmissible in evidence (7#r$!&$ v 'r# o!$, 384 28 436, 1966)
Not : %ven if the person consents to answer 3uestions without the assistance of counsel( the moment he as)s for a lawyer at any point in the investigation( the interrogation must cease until an attorney is present. 'he 6Airanda Cights7 are available to avoid involuntary e.tra1udicial confession. 'he purpose of providing counsel to a person under custodial investigation is to curb the police0state practice of e.tracting a confession that leads appellant to ma)e self0incriminating statements. (People v". R$pe $, GR 169431, 3 'pr#l 2//+)
Q: What a( th (i4hts a#% li2itatio#s o" a ! (so# i# a !( li2i#a(3 i#6 sti4atio#?

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Fe cannot file complaint or information without authority !. Cight to be present not absolute #. Go dismissal without approval $. Cight to discovery proceedings 0. A6aila'ilit3 (i4hts ' co2
sa2 . D ci% . A: 'he rights are not confined to that period prior to the filing of a complaint or information but are available at that stage when a person is under investigation for the commission of the offense. 'he fact that the framers of our Constitution did
Q: Wh # %o th s a6aila'l ?
A: Iuring custodial investigation or as soon as the investigation ceases to be a general in3uiry unto an unsolved crime and direction is aimed upon a particular suspect( as when the suspect who has been ta)en into police custody and to whom the police would then direct interrogatory 3uestions which tend to elicit incriminating statements.
Not : Sec. 2 of C. . &!3, provides that custodial investigation shall include the practice of issuing an invitation to a person who is under investigation in connection with an offense he is suspected to have committed Cights during custodial investigation apply only against testimonial compulsion and not when the body of the accused is proposed to be e.amined 9i.e. urine sample4 photographs4 measurements4 garments4 shoes> which is a purely mechanical act. In the case of G$l1$! v. P$1$r$!, it was held that the constitutional safeguard is applied notwithstanding that the person is not yet arrested or under detention at the time. Fowever( *r. <ernas has 3ualified this statement by saying that 1urisprudence under the 1+,& Constitution has consistently held( following the stricter view( that the rights begin to be available only when the person is already in custody. (People v. ?#!. L$! 29, G.R. No. 10+399, Nov.1+, 2//0)
Q: > was c(i2i#all3 cha(4 %. A# i#"o(2atio# was "il % a4ai#st hi2 a#% h was s$'s I$ #tl3 a(( st % !$(s$a#t to a wa((a#t o" a(( st iss$ % '3 th co$(t. Lat ( > ? c$t % a# ?t(aE$%icial co#" ssio# th($ a Si#$2!aa#4 Sala3sa3 witho$t th assista#c o" co$#s l. >Hs co$#s l 2o6 % that th Si#$2!aa#4 Sala3sa3 ' % cla( % i#a%2issi'l i# co$(t si#c th sa2 was i# 6iolatio# o" his -i(a#%a Ri4hts. Th co$(t % #i % o# th 4(o$#% that th -i(a#%a Ri4hts a( o#l3 a!!lica'l %$(i#4 c$sto%ial i#6 sti4atio# a#% a"t ( th "ili#4 o" th i#"o(2atio# h ca# #o lo#4 ( i#6o& th
not choose to use the term 6custodial7 by having it inserted between the words 6under7 and 6investigation7 goes to prove that it has broadened the application of the Airanda doctrine to investigation for commission of an offense of a person not in custody alone. 9People v. 7$3ue&$( G.R. No. 112983, 7$r. 22, 1990) Q: Wh # a( th -i(a#%a (i4hts $#a6aila'l ? A: 1. Iuring a police line0up( unless admissions or confessions are being elicited from the suspect (G$1bo$ )". Cru ,L06291, 2+ =u! 1988) 2. Iuring administrative investigations (8eb$"t#$!, =r v G$rc6#tore!$, G.R. No 114/28) 3. Confessions made by an accused at the time he voluntarily surrendered to the police or outside the conte.t of a formal investigation4 (People v :$lolo9, G.R. No 14/+4/, 'pr#l 12, 2//2) and !. Statements made to a private person (People v ?$%$t, G.R. No 628+1, 7$9 20, 1980)
1. Wai6 ( Q: What a( th (i4hts that 2a3 ' wai6 %? A: 1. Cight to remain silent 2. Cight to counsel
Not : Fowever( the right to be informed of these rights cannot be waived.
9. R I$isit s Q: What a( th ( I$isit s "o( a 6ali% wai6 ( o" th s (i4hts? A: 1. 2. 3. Aade voluntarily( )nowingly and intelligently ?aiver should be made in writing Aade with the presence of counsel (People v G$l#t, 130 8CR' 460,198/)
Q: Is a co#" ssio# 4i6 # to a 2a3o( a%2issi'l i# co$(t? A: Mes( if such confession was given to the mayor as a confidant and not as a law enforcement
officer. In such case( the uncounselled confession did not violate the suspect;s constitutional rights. (People v Huel$, G.R. No 1121++, =$!u$r9 28, 2/// )
Not : ?hat the Constitution bars is the compulsory disclosure of the incriminating facts or confessions. 'he rights under Sec. 12 are guarantees to preclude the slightest use of coercion by the State( and not to prevent the suspect from freely and voluntarily telling the truth. (People v. '!&$!( G.R. No. 11643+, 7$r. 3, 199+)
CUSTODIAL IN)ESTI,ATION AS WELL AS THE DUTIES OF THE ARRESTIN,, DETAININ, AND IN)ESTI,ATIN, OFFICERS, AND PRO)IDIN, PENALTIES FOR
Q: D ci% o# th a%2issi'ilit3 as 6i% #c o" co#" ssio#s 4i6 # to # ws ( !o(t (s a#%So( 2 %ia a#% 6i% ota! % co#" ssio#s. A: Confessions given in response to a 3uestion by news reporters( not policemen( are admissible. ?here the suspect gave spontaneous answers to a televised interview by several press reporters( his answers are deemed to be voluntary and are admissible. 2ideotaped confessions are admissible( where it is shown that the accused unburdened his guilt willingly( openly and publicly in the presence of the newsmen. Such confessions do not form part of confessions in custodial investigations as it was not given to police men but to media in attempt to solicit sympathy and forgiveness from the public. Fowever( due to inherent danger of these videotaped confessions( they must be accepted with e.treme caution. 'hey should be presumed involuntary( as there may be connivance between the police and media men. (People v. -!&#!o, G.R. No. 133/26, 4eb. 2/, 2//1) Q: What is th "($it o" th !oiso#o$s t( %oct(i# ? A: 'his doctrine states that once the primary source 9the tree> is shown to have been unlawfully obtained( any secondary or derivative evidence 9the fruit> derived from it is also inadmissible. 'he rule is based on the principle that evidence illegally obtained by the State should not be used to gain other evidence( because the originally illegally obtained evidence taints all evidence subse3uently obtained. B. REPU/LIC ACT 8B9A ;AN ACT DEFININ, CERTAIN RI,HTS OF PERSON ARRESTED, DETAINED OR UNDER
)IOLATIONS THEREOF< Q: What is th ( l 6a#c o" this act i# ( latio# to Ri4hts o" S$s! cts? A: 'his is in implementation of rticle Section 12 of the Constitution( enacted on 2& pril 1++2( strengthens the rights of persons arrested( detained or under custodial investigation stated as Airanda rights and other rights such as8 1. 2. ny person arrested( detained or under custodial investigation shall at all times be assisted by counsel. 'he custodial investigation report shall be reduced to writing by the investigating office and it shall be read and ade3uately e.plained to him by his counsel or by the assisting counsel ny e.tra1udicial confession made by a person arrested( detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel
Q. What a( th sali #t " at$( s o" this act? A. 1. n impartial investigation by the Commission on Fuman Cights 9CFC>
3.
Not : s used this ct( Hcustodial investigationH shall include the practice of issuing an HinvitationH to a person who is investigated in connection with an offense he is suspected to have committed( without pre1udice to the liability of the HinvitingH officer for any violation of law. (R' +438)
:. ANTI=TORTURE ACT OF 1MM@ ;RA @8B:< Q: What is th ( l 6a#c o" A#ti To(t$( Act o" 1MM@ i# ( latio# to Ri4hts o" S$s! cts? A: It is meant to implement the guarantees in Section 12 of the <ill of Cights against torture and other related acts. It $&&" the right( among others( to be informed of one;s right to demand physical e.amination by an independent and competent doctor of his@her own choice( which may be waived( provided it is in writing and in the presence of counsel.
Not : It was enacted on 1D Govember 2DD+ specifically to curb and punish torture 9physical and mental> and other cruel( inhuman and degrading treatment or punishment inflicted by a person in authority or agent of a person in authority upon another person in his@her custody. ('!t#?orture 'ct Of 2//9)
and other concerned government agencies. 2. Investigation of the torture completed within a ma.imum period $D wor)ing days 3. Sufficient government protection !. <e given sufficient protection in the manner by which he@she testifies and presents evidence in any forum to avoid further trauma #. Claim for compensation under Cepublic ct Go. &3D+ $. <e informed of his@her right to demand physical e.amination by an independent and competent doctor of his@her own choice. &. 'o immediate access to proper and ade3uate medical treatment
Not : If he@she cannot afford the services of his@her own doctor( he@she will be provided by the State with a competent and independent doctor to conduct the physical e.amination. If the person arrested is female( she will be attended to preferably by a female doctor. ('!t#?orture 'ct of 2//9 , R' 9+40 )
1. 2.
ccused is heard by a court of competent 1urisdiction ccused is proceeded against under the orderly processes of law
I. RI,HTS OF THE ACCUSED Q: What a( th (i4hts o" th acc$s %? A: to8 Cight 1. 2. 3. !. #. $. &. ,. +. Iue process <e presumed innocent <e heard by himself and counsel <e informed of the nature and cause of the accusation against him speedy( impartial and public trial Aeet the witnesses face to face Fave compulsory process to secure the attendance of witnesses and production of evidence on his behalf gainst double 1eopardy <ail 0. C(i2i#al D$ P(oc ss Q: What a( th ( I$isit s o" c(i2i#al %$ !(oc ssV A :
3. !.
ccused is given notice and opportunity to be heard Kudgment rendered was within the authority of a constitutional law
Q: Is (i4ht to a!! al a !a(t o" %$ !(oc ss? A: 'he right to appeal is not a natural right or part of due process. It is a mere statutory right( but once given( denial constitutes violation of due process
1. Ri4ht to /ail Q: What is 2 a#t '3 'ail? A: It is the security given for the release of a person in custody of law( furnished by him or a bondsman( conditioned upon his appearance before any court as re3uired. Q: Wh # 2a3 th (i4ht to 'ail ' i#6o& %? A: 'he right to bail may be invo)ed once detention commences even if no formal charges have yet to be filed. (?ee6$!Fee v. Rov#r$, G.R.No. L1/1, ,ec. 2/, 1940) Q: Wh # is 'ail a 2att ( o" (i4ht? A: ll persons in custody shall be admitted to bail as a matter of right( with sufficient sureties( or be released on recognizance as prescribed by law or the Cules of Court. Q: Wh # is 'ail a 2att ( o" %isc( tio#? A: 5pon conviction by the C'C of an offense not punishable by death( reclusion perpetua( or life imprisonment( bail becomes discretionary. 98ec. 0, Rule 114, Rev#"e& Rule" of Cr#1#!$l Proce&ure> Should the court grant the application( the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail sub1ect to the consent of the bondsman. Q: Wh # shall 'ail ' % #i %? A: If the penalty imposed by the trial court is imprisonment e.ceeding si. 9$> years( the accused shall be denied bail( or his bail shall be cancelled upon a showing by the prosecution( with notice to the accused( of the following or other similar circumstances8
a.
'hat he is a recidivist( 3uasi0 recidivist( or habitual delin3uent( or has committed the crime aggravated by the circumstance of reiteration4 b. 'hat he has previously escaped from legal confinement( evaded sentence( or violated the conditions of his bail without valid 1ustification4 c. 'hat he committed the offense while under probation( parole( or conditional pardon4 d. 'hat the circumstances of his case indicate the probability of flight if released on bail4 or e. 'hat there is undue ris) that he may commit another crime during the pendency of the appeal. 'he appellate court may( 1otu propr#o or on motion of any party( review the resolution of the C'C after notice to the adverse party in either case. (8ec. 0, Rule 114, Rule" of Court)
Not : 'he conduct of petitioner in applying for bail indicated that he had waived his ob1ection to whatever defect( if any( in the preliminary e.amination conducted by respondent 1udge (Lu!$ v. Pl$ $, G.R. No.L2+011, Nov. 29, 1968) 'he right to bail is available from the very moment of arrest 9which may be before or after the filing of formal charges in court> up to the time of conviction by final 1udgment 9which means after appeal>. Go charge need be filed formally before one can file for bail( so long as one is under arrest. (5er$" ?ee6$!Fee v. Rov#r$, G.R. No. L1/1, ,ec. 2/ 1940)
!. #. $. &.
Character and reputation of accused ge and health of accused ?eight of evidence against him Probability of appearance at trial
Q: Who a( #ot #titl % to 'ail? A: 1. Persons charged with offenses punishable by reclusion perpetua or death( when evidence of guilt is strong 2. Persons convicted by the trial court. <ail is only discretionary pending appeal 3. Persons who are members of the *P facing a court martial Q: What a( th "acto(s to ' i# s tti#4 th a2o$#t o" 'ail? A : 1. *inancial ability of accused 2. Gature and circumstances of offense 3. Penalty for offense co#si% ( %
*orfeiture of other bail +. ?hether he was a fugitive from 1ustice when arrested 1D. Pendency of other cases where he is on bail (8u!.$ v. =u&.e 8$lu&, '.7. No. 22/07=, Nov. 19, 1981> Q: Sho$l% th ( h a(i#4? ' a
,.
A: It can be invo)ed only by an individual accused of a criminal offense4 a corporate entity has no personality to invo)e the same. Q: What is th R$l ? EI$i!ois
A: 5nder the e3uipoise rule( when the evidence of both sides are e3ually balanced( the
A: ?hether bail is a matter of right or of discretion( reasonable notice of hearing is re3uired to be given the prosecutor( or at least he must be as)ed for his recommendation( because in fi.ing the amount of bail( the 1udge is re3uired to ta)e into account a number of factors. (Corte" v. =u&.e C$tr$l, '.7. No. R?= 9+138+, 8ept. 1/, 1 9 9 +> ?hen the accused is charged with an offense punishable by reclu"#o! perpetu$ or higher( a hearing on the motion for bail must be conducted by the 1udge to determine whether or not the evidence of guilt is strong. (:$9lo! v. =u&.e 8#"o!, '.7. No. 92+36//, 'pr. 6, 1990> Q: Is th (i4ht to 'ail a6aila'l to a# ali # %$(i#4 th ! #% #c3 o" % !o(tatio# !(oc %i#4s? A: Mes( provided that potential e.traditee must prove by clear and convincing proof that he is not a flight ris) and will abide with al orders and processes of the e.tradition court. 9Gover!1e!t of 5o!. Ko!. 8pec#$l '&1#!#"tr$t#ve Re.#o! v. Ol$l#$ =r., G.R 1036+0, 'pr. 19, 2//+) 9. P( s$2!tio# o" I##oc #c Q: How is th a!!li %? !( s$2!tio#
A: %very circumstance favoring the innocence of the accused must be ta)en into account. 'he proof against him must survive the test of reason4 the strongest suspicion must not be permitted to sway 1udgment (People v. 'u"tr#$, G.R. No. 001/9, 'pr. 8, 1991) Q: Who 2a3 i#6o& th !( s$2!tio# o" i##oc #c ?
constitutional presumption of innocence should tilt the scales in favor of the accused (Corpu v. People, G.R. No. +4209, 4eb. 14, 1991) Q: OD lost "i6 h a%s o" cattl which h ( !o(t % to th !olic as stol # "(o2 his 'a(#. H ( I$ st % s 6 (al # i4h'o(s, i#cl$%i#4 RR, "o( h l! i# loo&i#4 "o( th 2issi#4 a#i2als. A"t ( a# ?t #si6 s a(ch, th !olic "o$#% two h a%s i# RRNs "a(2. RR co$l% #ot ?!lai# to th !olic how th 3 4ot hi%% # i# a ( 2ot a( a o" his "a(2. I#sisti#4 o# his i##oc #c , RR co#s$lt % a law3 ( who tol% hi2 h has a (i4ht to ' !( s$2 % i##oc #t $#% ( th /ill o" Ri4hts. /$t th ( is a#oth ( !( s$2!tio# o" th "t a(isi#4 "(o2 his $# ?!lai# % !oss ssio# o" stol # cattl $#% ( th ! #al law. A( th two !( s$2!tio#s ca!a'l o" ( co#ciliatio# i# this cas ? I" so, ca# th 3 ' ( co#cil %? I" #ot, which sho$l% !( 6ail? A: 'he two presumptions can be reconciled. 'he presumption of innocence stands until the contrary is proved. It may be overcome by a contrary presumption founded upon human e.perience. 'he presumption that CC is the one who stole the cattle of /Q is logical( since he was found in possession of the stolen cattle. CC can prove his innocence by presenting evidence to rebut the presumption. 'he burden of evidence is shifted to CC( because how he came into possession of the cattle is peculiarly within his )nowledge. (,# o! P$1#!tu$! v. People, G.R. No. 111426, =ul9 11, 1994) Q: Th RTC QC ( #% ( % a % cisio# co#6icti#4 +$%4 A#4 l s o" 6iolatio# o" R.A. 870M. Th c(i2i#al cas s a( #ow o# a!! al ' "o( th Co$(t o" A!! als. - a#whil , S #io( Sat P(os c$to( ) lasco ;SSP ) lasco< s$44 st % th i22 %iat s$s! #sio# o" A#4 l s. SSP ) lasco !osit % that si#c +$%4 A#4 l s sta#%s co#6ict % o" two co$#ts o" chil% a'$s , h ( 2o(al I$ali"icatio# as a E$%4 is i# I$ stio#. +$%4 A#4 l s 2a#i" st % that sh still #Eo3s th !( s$2!tio# o" i##oc #c si#c th c(i2i#al cas s a( o# a!! al. Do s sh still #Eo3 th !( s$2!tio# o" i##oc #c i" th E$%42 #t co#6icti#4 h ( is o# a!! al? A: Kudge ngeles still en1oys constitutional presumption of innocence. Since her conviction of the crime of child abuse is
currently on appeal before the C ( the same has not yet attained finality. s such( she still en1oys the constitutional presumption of innocence. It must be remembered that the e.istence of a presumption
indicating the guilt of the accused does not in itself destroy the constitutional presumption of innocence unless the inculpating presumption( together with all the evidence( or the lac) of any evidence or e.planation( proves the accused;s guilt beyond a reasonable doubt. 5ntil the accused;s guilt is shown in this manner( the presumption of innocence continues. 9ReJ Co!v#ct#o! of =u&.e '&or$c#o! G. '!.ele", '.7. No. /69040R?C, =$!. 31, 2//8) B. Ri4ht to ' H a(% '3 Hi2s l" a#% Co$#s l Q: Do s this (i4ht ! (tai# to 2 ( !( s #c o" a law3 ( i# th co$(t(oo2? A: Go. 'he accused must be amply accorded legal assistance e.tended by a counsel who commits himself to the cause of the defense and acts accordingly4 an efficient and truly decisive legal assistance( and not simply a perfunctory representation. (People v. :er1$", G.R. No. 12/42/, 'pr. 21, 1999) Q: S 6 (al i#%i6i%$als w ( t(i % a#% co#6ict % o" Pi(ac3 i# Phili!!i# Wat (s as % "i# % i# PD :91. How 6 (, it was %isco6 ( % that th law3 (, -(. Posa%as, who ( !( s #t % th 2 was #ot a 2 2' ( o" th 'a( altho$4h 6i% #c shows that h was &#owl %4 a'l i# th ($l s o" l 4al !(oc %$( . Th acc$s % #ow all 4 that th i( co#6ictio# sho$l% ' s t asi% si#c th 3 w ( % !(i6 % o" %$ !(oc ss. A( th 3 co(( ct? A: Go. 8ec. 1 of Cule 11# of the Cevised Cules of Criminal Procedure states that Hupon motion( the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel.H <y analogy( but without pre1udice to the sanctions imposed by law for the illegal practice of law( it is amply shown that the rights of accused were sufficiently and properly protected by the appearance of Ar. Posadas. n e.amination of the record will show that he )new the technical rules of procedure. Fence( there was a valid waiver of the right to sufficient representation during the trial( considering that it was une3uivocally( )nowingly( and intelligently made and with the full assistance of a bo!$ f#&e lawyer( tty. bdul <asar. ccordingly( denial of due process cannot be successfully invo)ed where a valid waiver of rights has been made. (People v. ?ul#!, G.R. 111+/9, 'u.. 3/, 2//1)
Not : In 4lore" v. Ru# , G.R. No. L30+/+, 7$9 31, 19+9, the Supreme Court held that the right to counsel during the trial cannot be waived( because 6even the most intelligent or educated man may have no s)ill in the science of law( particularly in the rules of procedure( and without counsel( he may be convicted not because he is guilty but because he does not )now how to establish his innocence7.
sufficient in law to support a conviction( if one should be had (28 v. K$rel"e! G.R. No. 13+6, =$!. 21, 19/4) Q: What wo$l% % t (2i# ca$s o" acc$satio#? th #at$( a#%
Q: > was c(i2i#all3 cha(4 % i# co$(t. H hi( % as co$#s l *, who has 2a#3 hi4h=!(o"il cli #ts. D$ to his 2a#3 cli #ts, * ca##ot att #% th h a(i#4 o" th cas o" >. H ( I$ st % 2a#3 ti2 s to ha6 th h a(i#4s !ost!o# %. Th cas %(a44 % o# slowl3. Th E$%4 i# his % si( to "i#ish th cas as a(l3 as !(actica'l $#% ( th co#ti#$o$s t(ial s3st 2 a!!oi#t % a co$#s l de officio a#% with%( w th co$#s l de parte. Is th actio# o" th E$%4 6ali%? A: 'he appointment of counsel &e off#c#o under such circumstances is not proscribed under the Constitution. 'he preferential discretion is not absolute as would enable an accused to choose a particular counsel to the e.clusion of others e3ually capable. 'he choice of counsel by the accused in a criminal prosecution is not a plenary one. If the counsel deliberately ma)es himself scarce the court is not precluded from appointing a counsel &e off#c#o whom it considers competent and independent to enable the trial to proceed until the counsel of choice enters his appearance. /therwise the pace of criminal prosecution will entirely be dictated by the accused to the detriment of the eventual resolution of the case. (People v. L$rr$!$.$, G.R. No. 1388+4+0, 4eb. 3, 2//4 ) :. Ri4ht to ' I#"o(2 % o" th Nat$( a#% Ca$s o" Acc$satio# Q: What is th (atio#al "o( this (i4ht? A: 1. 'o furnish the accused with such a description of the charge against him as will enable him to ma)e his defense 2. 'o avail himself of his conviction or ac3uittal for protection against further prosecution for the same cause 3. 'o inform the court of the facts alleged so that it may decide whether they are
A: Iescription( not designation of the offense( is controlling. 'he real nature of the crime charged is determined from the recital of facts in the information. It is neither determined based on the caption or preamble thereof nor from the specification of the provision of the law allegedly violated. Q: What a( th ( I$isit s "o( !(o! (l3 i#"o(2i#4 th acc$s % o" th #at$( a#% ca$s o" acc$satio#? A : 1. 2. 3. !. #. $. &. Information must state the name of the accused Iesignation given to the offense by statute Statement of the acts or omission so complained of as constituting the offense Game of the offended party ppro.imate time and date of commission of the offense Place where offense was committed %very element of the offense must be alleged in the complaint or information
set out in the information provided it is necessarily included in the crime charged. (?eve" v. 8$!&#.$!b$9$!, G.R. No. 104182, ,ec. 1+, 2//4 )
Q: What ha!! #s i" th i#"o(2atio# "ails to all 4 th 2at (ial l 2 #ts o" th o"" #s ? A: 'he accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements. Q: How is th 6oi% "o( 6a4$ # ss %oct(i# ( lat % to this (i4ht? A: 'he accused is also denied the right to be informed of the charge against him( and to due process as well( where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are punished. In such a case( the law is deemed void. Q: -a3 a ! (so# ' co#6ict % o" th c(i2 !(o6 % i" th sa2 is %i"" ( #t "(o2 th c(i2 cha(4 %? A: 5nder the variance doctrine( in spite of the difference between the crime that was charged and that which was eventually proved( the accused may still be convicted of whatever offense that was proved even if not specifically
Q: -a3 th (i4ht to ' i#"o(2 % o" th #at$( a#% ca$s o" acc$satio# ' wai6 %? A: Go. Fowever( the defense may waive the right to enter a plea and let the court enter a plea of 6not guilty7. 7. Ri4ht to S! P$'lic %3, I2!a(tial a#%
the fault of the prosecution( the testimony of the witness should not be e.cluded. Q: A( a""i%a6its o" wit# ss s who a( #ot !( s #t % %$(i#4 t(ial a%2issi'l ? A: Go. 'hey are inadmissible for being hearsay. 'he accused is denied the opportunity to cross0 e.amine the witnesses.
Not : Iepositions are admissible under circumstances provided by the Cules of Court.
Q: What is 2 a#t '3 s! t(ial?
%3 A. Ri4ht to Co2!$lso(3 P(oc ss to S c$( Att #%a#c o" Wit# ss a#% P(o%$ctio# o" E6i% #c Q: What a( th 2 a#s a6aila'l to th !a(ti s to co2! l th att #%a#c o" wit# ss s a#% th !(o%$ctio# o" %oc$2 #ts a#% thi#4s # % % i# th !(os c$tio# o( % " #s o" a cas ? A :
A: 'he term 6speedy7 means free from ve.atious( capricious and oppressive delays. 'he factors to be considered are8 1. 'ime e.pired from the filing of information 2. "ength of delay 3. Ceasons for the delay !. ssertion or non0assertion of the right by the accused #. Pre1udice caused to the defendant Q: What is 2 a#t '3 i2!a(tial t(ial? A: 'he accused is entitled to cold neutrality of an impartial 1udge( one who is free from interest or bias. Q: Wh3 2$st th !$'lic? t(ial '
A: It is in order to prevent possible abuses which may be committed against the accused. 'he attendance at the trial is open to all( irrespective of their relationship to the accused. Fowever( if the evidence to be adduced is 6offensive to decency or public morals(7 the public may be e.cluded.
Not : 'he denial of the right to speedy trial is a ground for ac3uittal.
Subpoena $& te"t#f#c$!&u1 subpoena &uce" tecu1 2. Iepositions and other modes of discovery 3. tion of testimonies Perpetua " ( #c ' tw # !o #a Q: What is th s$' testificandum s$'!o #a duces ad m? a#% tecu A:
Ad Testificandum process directed to a person re3uiring him to attend and to testify at the hearing or trial of an action( or at any investigation conducted by competent authority( or for the ta)ing of his uces Tecum 'he person is also re3uired to bring with him any boo)s( documents( or other things under his control.
1.
and
8. Ri4ht to - t th Wit# ss s Fac to Fac Q: What is th co#"(o#tatio#? !$(!os o" th (i4ht o"
the witness Q: What is th "" ct o" "ail$( to
c(oss= ?a2i# ? A: If the failure of the accused to cross0e.amine a witness is due to his own fault or was not due to
A: Primarily( to afford the accused an opportunity to test the testimony of a witness by cross0 e.amination( and secondarily( to allow the 1udge to observe the deportment of
Q: What is th ( I$i( 2 #t "o( th iss$a#c o" s$'!o #a duces tecum? A: 'he subpoena shall contain a reasonable description of the boo)s( documents or things demanded which must appear to the court as pr#1$ f$c#e relevant. Q: What a( th ( I$i( 2 #ts "o( th ? (cis o" th (i4ht to s c$( att #%a#c o" wit# ss? A: 1. 2. 'he witness is really material 'he attendance of the witness was previously obtained
3.
'he witness will be available at the time desired !. Go similar evidence could be obtained Q: Wh # is th % 2a#%a'l ? (i4ht to c(oss= ?a2i#
2.
Copy be served or counsel
upon
accused
Not : Cecording the decision in the criminal doc)et of the court satisfies the re3uirement of notifying the accused of the decision wherever he may be. (-"tr$&$ v. People, G.R. No. 1623+1, 'u.. 20, 2//0>
A: It is demandable only during trials. 'hus( it cannot be availed of during preliminary investigations. Q: What a( th !(i#ci!al ?c !tio#s to th (i4ht o" co#"(o#tatio#? A: 1. 2. rt. 3. dmissibility of dying declarations and all e.ceptions to the hearsay rule 'rial in absentia under Sec.1!92> of III of the Constitution ?ith respect to child testimony @. T(ial i# Absentia Q: Wh # 2a3 t(ial i# absentia !(oc %?
(. PRI)ILE,E OF WRIT OF .A*EA$ !O'%/$ Q: What is th !orpus? W(it o" .abeas
A: ?rit of 5$be$" Corpu" is a writ directed to the person detaining another( commanding him to produce the body of the detainee at a designated time and place( and to show the cause of his detention. Q: What is th .abeas !orpu s? P(i6il 4 o" th W(it o"
A: It is the right to have an immediate determination of the legality of the deprivation of physical liberty. Q: Wh # 2a3 th s$s! #% %? !(i6il 4 o" th w(it '
A: 'rial in absentia may proceed if the following re3uisites are present8 1. 2. 3. ccused has been validly arraigned ccused has been duly notified of the dates of hearing *ailure to appear is un1ustifiable
A: 'he privilege of the writ may be suspended by the President( provided that the following re3uisites are present8 1. %.istence of actual invasion or rebellion 2. Public safety re3uires the suspension 1. Kudgment be recorded in the criminal doc)et
ACADE-ICS CHAIR: "%S'%C K M " G %. *"/C%S II )ICE CHAIRS FOR ACADE-ICS: O S <5L/ P K/FG F%GCM C. A%GI/Q
Q: Is th !( s #c o" th acc$s % 2a#%ato(3? A: Mes( in the following instances8 1. Iuring arraignment and plea 2. Iuring trial( for identification( unless the accused has already stipulated on his identity during the pre0trial and that he is the one who will be identified by the witnesses as the accused in the criminal case 3. Iuring promulgation of sentence( unless for a light offense
Not : ?hile the accused is entitled to be present during promulgation of 1udgment( the absence of his counsel during such promulgation does not affect its validity.
C%G
K/M ,.
Q: To wh at sit $at io# s %o s th w(i t a! !l3 ? A: 'he ?rit of 5$be$" Corpu" e.tends to all cases of
Q: Ca# th ( ' E$%42 #t i# a's #tia?
!(o2$l4atio# o"
A: Promulgation of 1udgment in absentia is valid provided that the essential elements are ) ICE CHAIR FOR AD-INISTRATION AND FINANCE8 K% G%""% C. "%% present8
C" "/5I% A.
S C M G
illegal confinement or detention by which any person is deprived of his liberty( or by which the rightful custody of any person is withheld from the one entitled thereto. Q: -a3 th W(it o" .abeas !orpus ' 2 a#s o" o'tai#i#4 6i% #c wh ( a'o$ts o" a ! (so#? $s % as a o# th
A: In 7$rt#!e v. 7e!&o $ (499 8CR' 234 2//$)( the Court held that the grant of relief in a habeas corpus proceeding is not predicated on the disappearance of a person( but on his illegal detention. It may not be used as a means of obtaining evidence on the whereabouts of a person( or as a means of finding out who has specifically abducted or caused the disappearance of a certain person. ?hen forcible ta)ing and disappearance not arrest and detention - have been alleged( the proper remedy is not habeas
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corpus proceedings( but investigation and proceedings.
criminal
temporary protection order( witness protection order( inspection order and production order( are available Covers acts which violate or threaten to violate the right to life( liberty and Leneral denial is not allowed4 detailed return is re3uired of thepresumption respondent Go of regularity4 must prove observance of e.traordinary %nforceable anywhere in the Philippines %.empted from payment of doc)et Celease of detained person does not render the petition moot and academic "imited to cases involving actual violation of right to liberty Aere denial is a ground for dismissal of the petition Presumption of regular performance of official duty /nly enforceable anywhere in the Phil. if filed with the C or SC 1ustice Got e.empted Celease of detained person renders it moot and academic
Q) > was a(( st % '3 th 2ilita(3 o# th 'asis o" a 2issio# o(% ( iss$ % '3 th D !a(t2 #t o" D " #s . A ! titio# "o( ha' as co(!$s was "il %. Th w(it was iss$ %. Lat ( a# i#"o(2atio# "o( ( ' llio# was "il % a4ai#st >. Th 2ilita(3 2o6 % that th ! titio# sho$l% ' %is2iss % "o( ha6i#4 ' co2 2oot a#% aca% 2ic. D ci% . A: 'he function of the special proceeding of habeas corpus is to in3uire into the legality of one;s detention. Gow that the detainee;s incarceration is by virtue of a 1udicial order in relation to criminal cases subse3uently filed against them( the remedy of habeas corpus no longer lies. 'he writ has served its purpose. (*l$.$! v. -!r#le, G.R. No. +/+48, Oct. 21, 1980) 0. W(it o" Amparo Q: What is th Amparo? W(it o"
A: It is a remedy available to any person whose right to life( liberty( and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee( or of a private individual or entity. 'he writ covers e.tralegal )illings and enforced disappearances or threats thereof. (Rule o! Mr#t of '1p$ro) Q: What &illi#4s? a( ?t(al 4al
A: Oillings committed without due process of law( i.e.( without legal safeguards or 1udicial proceedings. Q: What co#stit$t s %isa!! a(a#c s? #"o(c %
Q: E#4(. Ta4itis %isa!! a( % o# %a3 a#% his wi" "il % a ! titio# "o( th W(it o" Amparo with th CA %i( ct % a4ai#st th PNP, clai2i#4 that th F$# ?!lai# % $#coo! (ati6 ' ha6io$(G o" th ( s!o#% #ts ( I$ st "o( h l! a#% th i( "ail$( a#% ( "$sal to ?t #% assista#c i# locati#4 th wh ( a'o$ts o" Ta4itis w ( i#%icati6 o" th i( act$al !h3sical !oss ssio# a#% c$sto%3 o" th 2issi#4 #4i# (.G Th PNP was h l% ( s!o#si'l "o( th F #"o(c % %isa!! a(a#c G o" E#4(. Ta4itis. Is this 6ali%? A: Mes. 'he government in general( through the PGP and the PGP0CIIL( and in particular( the Chiefs of these organizations together with Col. Oasim( should be held fully accountable for the enforced disappearance of 'agitis. Liven their mandates( the PGP and the PGP0CIIL officials and members were the ones who were remiss in their duties when the government completely failed to e.ercise e.traordinary diligence that the '1p$ro rule re3uires. (R$ o! v. ?$.#t#", G.R. No. 182498, ,ec. 3, 2//9) Q: F(. R 3 s was cha(4 % with ( ' llio# a#% his #a2 was i#cl$% % i# th hol% % !a(t$( list. Th cas was lat ( o# %is2iss % '$t th Hol% D !a(t$( O(% (
A: n arrest( detention or abduction of a person by a government official or organized groups or private individuals acting with the direct or indirect ac3uiescence of the government. It is further characterized by the refusal of the State to disclose the fate or whereabouts of the person concerned or a refusal to ac)nowledge the deprivation of liberty which places such persons outside the protection of law. Q: What a( th 2ai# a%6a#ta4 s o" th W(it o" Amparo o6 ( th W(it o" .abeas !orpus? A:
+rit of Amparo Interim reliefs( such as +rit of .abeas !orpus Go interim reliefs
still s$'sist %. Ca# th W(it o" Amparo ' i#6o& % to !(ot ct his (i4ht to t(a6 l?
A: Go. 'he restriction on his right to travel as a conse3uence of the pendency of the criminal case filed against him was not unlawful. *r. Ceyes also failed to establish that his right to travel was impaired in the manner and to the e.tent that it amounted to a serious violation of his right to life( liberty( and security( for which there e.ists no readily available legal remedy. 9Re9e" v. C', G.R. No. 182161, ,ec. 3, 2//9) Q: > a#% * w ( a'%$ct % '3 th Citi5 #s A(2 % Fo(c s , o4(a!hical U#it ;CA,FU<. Th 3 w ( ta& # to 6a(io$s 2ilita(3 ca2!s, !$t i# chai#s, a#% to(t$( %. Whil % tai# %, th 3 w ( th( at # % that i" th 3 sca! , th 3 a#% th i( "a2ili s wo$l% ' &ill %. Whil i# ca!ti6it3, th 3 2 t A, /, a#% C who w ( also !(iso# (s. E6 #t$all3, > a#% * w ( a'l to sca! . P( s #tl3, > a#% * a( #ow i# !(ot cti6 c$sto%3 $#% ( !(i6at i#%i6i%$als. > a#% * th # "il % a ! titio# "o( th iss$a#c o" th W(it o" Amparo, i2!licati#4 s 6 (al o""ic (s o" th 2ilita(3 as th i( a'%$cto(s. Th 3 all 4 that th i( ca$s o" actio# co#sists i# th th( at to th i( (i4ht to li" a#% li' (t3, a#% a 6iolatio# o" th i( (i4ht to s c$(it3. Co#si% (i#4 th "act that th 3 ha6 al( a%3 sca! %, will th ! titio# still !(os! (? A: Mes. ?hile J and M were detained( they were threatened that if they escaped( their families( including them( would be )illed. In time( they were able to escape. 'he condition of the threat to be )illed has come to pass. It should be stressed that they are now free from captivity not because they were released by virtue of a lawful order or voluntarily freed by their abductors. It ought to be recalled that towards the end of their ordeal their captors even told them that they were still deciding whether they should be e.ecuted. 'he possibility of J and M being e.ecuted stared them in the eye while they were in detention. ?ith their escape( this continuing threat to their life is apparent( more so now that they have surfaced and implicated specific officers in the military not only in their own abduction and torture( but also in those of other persons )nown to have disappeared such as ( <( and C( among others. 5nderstandably( since their escape( they have been under concealment and protection by private citizens because of the threat to their life( liberty and security. 'he threat
vitiates their free will as they are forced to limit their movements or activities. Precisely because they are being
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shielded from the perpetrators of their abduction( they cannot be e.pected to show evidence of overt acts of threat such as face0to0 face intimidation or written threats to their life( liberty and security. Gonetheless( the circumstances of their abduction( detention( torture and escape reasonably support a conclusion that there is an apparent threat that they will again be abducted( tortured( and this time( even e.ecuted. 'hese constitute threats to their liberty( security( and life( actionable through a petition for a ?rit of '1p$ro. (8ec. of N$t#o!$l ,efe!"e $!& '4P C6#ef of 8t$ff v. 7$!$lo, G.R. No. 18/9/6, Oct. +, 2//8)
impliedly( as by a failure to claim it at the appropriate time.
s. RI,HT A,AINST SELF= INCRI-INATION Q: Wh # is th (i4ht a6aila'l ? A: 'he right is available not only in criminal prosecutions but also in all other government proceedings( including civil actions and administrative or legislative investigations that possess a criminal or penal aspectEbut not to private investigations done by private individual (:P* v". C'8', 43/ 8CR' 261). It may be claimed not only by the accused but also by any witness to whom a 3uestion calling for an incriminating answer is addressed. Q: Wh # is i#c(i2i#ati#4? a I$ stio#
A: 3uestion tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary lin) in a chain of evidence to prove the commission of a crime by the accused or the witness. Q: Wh # is th (i4ht a4ai#st s l"= i#c(i2i#atio# a!!li %? A: 'he privilege against self0incrimination can be claimed only when the specific 3uestion( incriminatory in character( is actually addressed to the witness. It cannot be claimed at any other time. It does not give a witness the right to disregard a subpoena( to decline to appear before the court at the time appointed. 'he privilege against self0incrimination is not self0 e.ecuting or automatically operational. It must be claimed. It follows that the right may be waived( e.pressly( or
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Q: What is th %i"" ( #c ' tw # a# acc$s % a#% a# o(%i#a(3 wit# ss with ( s! ct to th (i4ht a4ai#st s l"= i#c(i2i#atio#? A :
confesses his guilt by action which is as elo3uent( if not more so( than words. Q: Fiscal A ! titio# % th low ( co$(t to o(% ( > to a!! a( ' "o( th "o(2 ( to ta& %ictatio# i# >Hs ow# ha#%w(iti#4 to % t (2i# wh th ( o( #ot it was > who w(ot c (tai# %oc$2 #ts
Accuse d to ta)e Can refuse the witness stand altogether by invo)ing the right against self0 incrimination
Ordinary +itness Cannot refuse to ta)e the witness stand4 can only refuse to answer specific 3uestions which would incriminate him in the commission of an
0. Sco! a#% Co6 (a4 Q: What is th a4ai#st S l"= i#c(i2i#atio #? sco! o" th P(i6il 4
A: 'his constitutional privilege has been defined as a protection against testimonial compulsion( but this has since been e.tended to any evidence 6communicative in nature7 ac3uired under circumstances of duress (People v. Olv#", G.R. No. +1/92, 8ept. 3/, 198+> ?hat is prohibited is the use of physical or moral compulsion to e.tort communication from the witness or to otherwise elicit evidence which would not e.ist were it not for the actions compelled from the witness.
Not : It applies only to testimonial compulsion and production of documents( papers and chattels in court e.cept when boo)s of account are to be e.amined in the e.ercise of police power and the power of ta.ation. n accused may be compelled to be photographed or measured( his garments may be removed( and his body may be e.amined. Fowever( an order re3uiring the accused to write so that his handwriting may be validated with the documentary evidence is covered by the constitutional proscription against self0 incrimination.
Q: Do ( = #act2 #ts 6iolat a ! (so#Ns (i4ht a4ai#st s l"=i#c(i2i#atio#? A: Mes. person who is made to re0enact a crime may rightfully invo)e his privilege against self0 incrimination( because by his conduct of acting out how the crime was supposedly committed( he thereby practically
s$!!os % to ' "alsi"i %. Th low ( co$(t 4(a#t % th ! titio# o" th "iscal. > ( "$s % what th "iscal % 2a#% % a#% so$4ht ( "$4 i# th co#stit$tio#al !(o6isio# o" his (i4ht a4ai#st s l"= i#c(i2i#atio#. Is >Hs co#t #tio# 6ali%? A: J;s contention is tenable. 5nder rticle FI( Section 1& of the 1+,& Constitution( 6no person shall be compelled to be a witness against himself.7 Since the provision prohibits compulsory testimonial incrimination( it does not matter whether the testimony is ta)en by oral or written. ?riting is not purely a mechanical act because it re3uires the application of intelligence and attention. 'he purpose of the privilege is to avoid and prohibit thereby the repetition and recurrence of compelling a person( in a criminal or any other case( to furnish the missing evidence necessary for his conviction. (:er1u&e v. C$"t#llo, =ul9 26, 193+I :eltr$! v. 8$1"o!, G.R. No. 32/20, 8epte1ber 23, 1929)
Not : 'here is similarity between one who is compelled to produce a private document (:o9& v". 28, 1886)( and one who is compelled to furnish a specimen of his handwriting( for in both cases( the witness is re3uired to furnish evidence against himself.
1. I22$#it3 Stat$t s Q: Disti#4$ish D (i6ati6 =Us T(a#sactio#al I22$#it3. A: I22$#it3 "(o2
Q: R !$'lic o" th Phili!!i# s "il % a cas a4ai#st W sti#4ho$s Co(!o(atio# ' "o( th US Dist(ict Co$(t %$ to th ' li " that W sti#4ho$s co#t(act "o( th co#st($ctio# o" th /ataa# N$cl a( !ow ( !la#t, which was '(o& ( % '3 H (2i#ioHs Disi#iHs co2!a#3, ha% ' # att #% % '3 a#o2ali s. Ha6i#4 wo(& % as H (2i#ioHs ? c$ti6 i# th latt (Hs co2!a#3 "o( 0: 3 a(s, th R !$'lic as& % + s$s Disi#i to 4i6 his t sti2o#3 ( 4a(%i#4 th cas .
erivative0 /se Immunitis ?hatever elicited from the witness( as well as any other evidence which the investigators were led to because of the testimony given( would not be admissible in evidence against the
Transactional Immunity ?itness is immunized from prosecution in relation to the crime in which he was compelled to provide testimony
A# i22$#it3 a4( 2 #t was #t ( % ' tw # + s$s a#% th R !$'lic which Disi#i $#% (too& to t sti"3 "o( his 4o6 (#2 #t a#% !(o6i% its law3 (s with i#"o(2atio#s # % % to !(os c$t th cas . Sai% a4( 2 #t 4a6 + s$s a# ass$(a#c that h shall #ot ' co2! ll % to 4i6 "$(th ( t sti2o#i s i# a#3 !(oc %i#4 oth ( tha# th !( s #t 2att (. + s$s co2!li % with his $#% (ta&i#4 '$t 0A 3 a(s a"t ( th Sa#%i4a#'a3a# iss$ % a s$'!o #a a4ai#st hi2, co22a#%i#4 to t sti"3 a#% !(o%$c %oc$2 #ts ' "o( sai% co$(t i# a# actio# "il % a4ai#st H (2i#io. Ca# + s$s ' ' "o( th Sa#%i4a#'a3a #? co2! ll % to t sti"3
A : 1. Gone. In the case at bar( J and M were under the directive of law and under the compulsion of fear for the contempt powers of the <oard. 'hey were left with no choice but to provide testimonies before the <oard. 2. Go. 'he manner in which testimonies were ta)en from J and M falls short of the constitutional standards both under the due process clause and under the e.clusionary rule. 3. s a rule( such infringement of constitutional right renders inoperative the testimonial compulsion( meaning( the witness cannot be compelled to answer 5G"%SS a co0e.tensive protection in the form of IAA5GI'M is offered. 'he only was to cure the law of its unconstitutional effects is to construe it in the manner as if IAA5GI'M had in fact been offered. 'he applicability of the immunity granted by P.I. 1,,$ cannot be made to depend on a claim of the privilege against self0incrimination which the same law practically strips away from the witness. (G$l1$! v". P$1$r$!, 138 8CR' 294, 1980)
Not : Sec. #( P.I. 1,,$( grants merely immunity from use of any statement given before the grava <oard( but not immunity from prosecution by reason or on the basis thereof. (G$l1$! v. P$1$r$!, G.R. No". +12/8/9, 'u.. 3/, 1980)
A: Go. contract is the law between the parties. It cannot be withdrawn e.cept by their mutual consent. In the case at bar( the Cepublic( through the PCLL( offered Kesus not only criminal and civil immunity but also immunity against being compelled to testify in any proceeding other than the civil and arbitration cases identified in the agreement( 1ust so he would agree to testify. ?hen the Cepublic entered in such agreement( it needs to fulfill its obligations honorably as Kesus did. 'he government should be fair. (,#"#!# v. 8$!&#.$!b$9$!, G.R. No. 18/064, =u!e 22, 2/1/) Q: > a#% * w ( call % ' "o( th A,RA)A /oa(% to licit a#% % t (2i# th s$((o$#%i#4 "acts a#% ci(c$2sta#c s o" th assassi#atio# o" / #i4#o AI$i#o S(. S ctio# : o" th sa2 law ;P.D. 0AA7< c( ati#4 th /oa(% co2! ls a ! (so# to ta& th wit# ss sta#%, t sti"3 o( !(o%$c 6i% #c , $#% ( th !ai# o" co#t 2!t i" th 3 "ail % o( ( "$s % to %o so. > a#% * 4a6 th i( t sti2o#i s witho$t ha6i#4 ' # i#"o(2 % o" th i( (i4ht to ( 2ai# sil #t a#% that a#3 stat 2 #t 4i6 # '3 th 2 2a3 ' $s % a4ai#st th 2. Th /oa(% th # $s % th i#"o(2atio# "(o2 th t sti2o#i s o" > a#% * to s$!!o(t th !(os c$tio#Ns cas a4ai#st th 2 i# Sa#%i4a#'a3a#. Th /oa(% co#t #%s that th "act that > a#% * t sti"i % ' "o( th /oa(% co#stit$t % as a 6ali% wai6 ( o" th i( co#stit$tio#al (i4hts to ( 2ai# sil #t a#% #ot to ' co2! ll % to ' a wit# ss a4ai#st th 2s l6 s. 0. Was th ( a 6ali% wai6 ( o" th (i4hts? 1. A( th t sti2o#i s o" > a#% * a%2issi'l i# co$(t? 9. How ca# th $#co#stit$tio#al "" cts ' ( co#cil %?
Q: What is th "" ct o" % #ial !(i6il 4 a4ai#st s l"=i#c(i2i#atio#?
o"
A8 ?hen the privilege against self0 incrimination is v#ol$te& out"#&e of court( say( by the police( then the testimony( as already noted( is not admissible under the e.clusionary rule. ?hen the privilege is v#ol$te& b9 t6e court #t"elf( that is( by the 1udge( the court is ousted of its 1urisdiction( all its proceedings are null and void( and it is as if no 1udgment has been rendered . (C6$ve v. C', G.R. No. L29169, 'u.. 19, 1968> Q: R.A. @07: ( I$i( s 2a#%ato(3 %($4 t sti#4 "o( ! (so#s cha(4 % ' "o( th !(os c$to(Hs o""ic with c(i2i#al o"" #s s !$#isha'l with 7 3 a(s a#% 0 %a3 i2!(iso#2 #t. P titio# ( S+S I$ stio#s th co#stit$tio#alit3 o" th law o# th 4(o$#% that it 6iolat s th (i4hts to !(i6ac3 a#% a4ai#st s l"=i#c(i2i#atio# o" a# acc$s %. D ci% . A: 'he Court finds the situation entirely different in the case of persons charged
before the public prosecutor;s office with criminal offenses punishable with imprisonment. 'he operative concepts in the mandatory drug testing are 6randomness7 and 6suspicionless7. In the case of
persons charged with a crime before the prosecutor;s office( a mandatory drug testing can never be random or suspicionless. 'he ideas of randomness and being suspicionless are antithetical to their being made defendants in a criminal complaint. 'hey are not randomly pic)ed4 neither are they beyond suspicion. ?hen persons suspected of committing a crime are charged( they are singled out and are impleaded against their will. 'he persons thus charged( by the bare fact of being haled before the prosecutor;s office and peaceably submitting themselves to drug testing( if that be the case( do not necessarily consent to the procedure( let alone waive their right to privacy. 'o impose mandatory drug testing on the accused is a blatant attempt to harness a medical test as a tool for criminal prosecution( contrary to the stated ob1ectives of C. . +1$#. Irug testing in this case would violate a person;s right to privacy guaranteed under Sec. 2( rt. III of the Constitution. ?orse still( the accused person;s are veritably forced to incriminate themselves. (8=8 v. ,,:, G.R. No. 10+8+/, Nov. 3, 2//8)
$. PROHI/ITED PUNISH-ENT AND POLITICAL PRISONERS
t. RI,HT A,AINST IN)OLUNTAR* SER)ITUDE Q: What is i#6ol$#ta(3 s (6it$% ? A: It is the condition where one is compelled by force( coercion( or imprisonment( and against his will( to labor for another( whether he is paid or not. ,R: Go involuntary servitude shall e.ist. >PNs: 1. Punishment for a crime for which the party has been duly convicted 2. Personal military or civil service in the interest of national defense 3. In naval enlistment( a person who enlists in a merchant ship may be compelled to remain in service until the end of a voyage !. Po""e co1#t$tu" or the conscription of able0bodied men for the apprehension of criminals #. Ceturn to wor) order issued by the I/"% Secretary or the President $. Ainors under p$tr#$ pote"t$" are obliged to obey their parents
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Q: What a( th !$#ish2 #ts co6 ( %? A: Cruel( degrading( and inhuman form( e.tent( and duration punishments Q: Wh # is a ! #alt3 c($ l a#% i#h$2a#? A: penalty is cruel and inhuman if it involves torture or lingering suffering. Q: Wh # is a ! #alt3 % 4(a%i#4? A: penalty is degrading if it e.poses a person to public humiliation. Q: What a( th sta#%a(%s $s % to % t (2i# i" th ! #alt3 is c($ l a#% i#h$2a#? A: 1. 2. 3. !. #. 'he punishment must not be so severe as to be degrading to the dignity of human beings It must not be applied arbitrarily It must not be unacceptable to contemporary society It must not be e.cessive( and it must serve a penal purpose more effectively than a less severe punishment would %.cessive fine( or one which is disproportionate to the offense
Not : Aere severity does not constitute cruel or inhuman punishment. 'o violate constitutional guarantee( penalty must be flagrant and plainly oppressive( disproportionate to the nature of the offense as to shoc) the senses of the community.
6. NON=I-PRISON-ENT FOR DE/T Q: What is th co6 (a4 o" this s ctio#? A: 1. 2. ,ebt @ any civil obligation arising from contract Poll t$< @ a specific sum levied upon any person belonging to a certain class without regard to property or occupation 9e... Community ta.>
Not : ta. is not a debt since it is an obligation arising from law. Fence( its non0payment maybe validly punished with imprisonment. /nly poll ta. is covered by the constitutional provision. If an accused fails to pay the fines imposed upon him( this may result in his subsidiary imprisonment because his liability is e< &el#cto and not e< co!tr$ctu.
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Q: I" th % 'to( co#t(act % th % 't th(o$4h "(a$%, 2a3 h ' i2!(iso# %? A: Lenerally( a debtor cannot be imprisoned for failure to pay his debt. Fowever( if he contracted his debt through fraud( he can be validly punished in a criminal action as his responsibility arises not from the contract of loan but from commission of a crime. (Lo $!o v. 7$rt#!e , G.R. No. L63419, ,ec.18, 1986)
3. !.
rraignment and plea by the accused4 Conviction( ac3uittal( or dismissal of the case without the e.press consent of the
w. DOU/LE +EOPARD* Q: What is Do$'l + o!a(%3? A: ?hen a person was charged with an offense and the case was terminated by ac3uittal or conviction or in any other manner without his consent( he cannot again be charged with the same or identical offense. 97elo v. People, G.R. No. L308/, 7$r. 22, 190/> Q: What a( th two t3! s o" %o$'l E o!a(%3? A: 1. Go person shall be twice put in 1eopardy of punishment for the same offense 2. If an act is punished by a law and an ordinance( conviction or ac3uittal under either shall constitute a bar to another prosecution for the same act Q: Wh # will %o$'l E o!a(%3 attach? A: 1. 'he first 1eopardy must have attached prior to the second 2. 'he first 1eopardy must have been validly terminated 3. 'he second 1eopardy must be for the commission of the same offense or the second offense must include or is necessarily included in the first information( or is an attempt to commit the same or a frustration thereof Q: What a( th ( I$isit s o" %o$'l E o!a(%3? A: 1. Court of competent 1urisdiction 2. Complaint or Information sufficient in form and substance to sustain a conviction
accused. (8ec +, Rule 11+, Rule" of CourtI People v. Ob"$!#$, G.R. No. L2444+, =u!e 29, 1968) Q: Wh # is th % " #s E o!a(%3 #ot a6aila'l ? A : ,R: Iouble 1eopardy is not available when the case is dismissed other than on the merits or other than by ac3uittal or conviction upon motion of the accused personally( or through counsel( since such dismissal is regarded as with e.press consent of the accused( who is therefore deemed to have waived the right to plea double 1eopardy. > P N s: 1. 2. 3. o" %o$'l
Q: > was cha(4 % with a c(i2i#al cas i# th co$(t. H was a((ai4# % a#% h !l a% % #ot 4$ilt3. Lat ( th !(os c$tio# 2o6 % to %is2iss th cas . Th co$#s l "o( th acc$s % w(ot FNo O'E ctio#G at th 'otto2 o" th !(os c$to(Hs 2otio#. Th co$(t 4(a#t % th 2otio# a#% %is2iss % th cas a4ai#st >. A 3 a( a"t (, > was lat ( cha(4 % "o( th sa2 cas . -a3 > i#6o& th (i4ht a4ai#st %o$'l E o!a(%3?
Iismissal based on insufficiency of evidence Iismissal because of denial of accused;s right to speedy trial ccused is discharged to be a State witness Doct(i# o"
Q: What is th S$! (6 #i#4 E6 #t?
A: It allows the prosecution of another offense if subse3uent development changes the character of the first indictment under which he may have already been charged or convicted. Q: Will th co#6ictio# o" a# acc$s % 'a( a#oth ( !(os c$tio# "o( a# o"" #s which # c ssa(il3 i#cl$% s th o"" #s o(i4i#all3 cha(4 %? A: Go. Conviction will not bar prosecution for another offense if the graver offense developed due to supervening facts arising from the same act or omission( facts constituting the graver offense arose or discovered only after the filing of the former complaint or information( and plea of guilty to a lesser offense was made without the consent of prosecutor or offended party. (People v. =u&.e )#ll$r$1$, G.R. No. 9928+, =u!e 23, 1 9 9 2) .
A: Go. 'he act of the J;s counsel in writing 6Go /b1ection7 constituted an e.press consent to the termination within the meaning of Sec. + of Cule 11& Cules of Court. Fe could not thereafter revo)e that conformity since the court had already acted upon it by dismissing the case. J was bound by his counsel;s consent to the dismissal. (People v. P#lp$, G.R. No. L3/20/, 8ept. 22, 19++) Q: Two !olic 2 # w ( cha(4 % ' "o( th Sa#%i4a#'a3a# "o( th % ath o" two 2 #. How 6 (, th !(os c$tio# was o(% ( % to a2 #% th i#"o(2atio# a#% th acc$s % w ( a((ai4# % a# w a#% co#s I$ stl3 co#6ict %. W ( th 3 !lac % i# %o$'l E o!a(%3? A: Go. 'he first re3uirement for 1eopardy to attach - that the Informations were valid - has not been complied with. 95errer$ v. 8$!&#.$!b$9$!, G.R. No". 11966/61, 4eb. 13, 2//9 ) Q: I" th "i(st cas was %is2iss % %$ to i#s$""ici #c3 o" 6i% #c witho$t 4i6i#4 th !(os c$tio# th o!!o(t$#it3 to !( s #t its 6i% #c , has E o!a(%3 attach %? A: 'he first 1eopardy has not yet attached. 'here is no 3uestion that four of the five elements of legal 1eopardy are present. Fowever( the last element - valid conviction( ac3uittal( dismissal or termination of the case - is wanting since the right to due process was violated. 9People v. ,u1l$o, G.R. No. 168918, 7$r. 2, 2//9)
#.
receives less or different testimony than the law re3uired at the time of the commission of the offense in order to convict the defendant ssumes to regulate civil rights and remedies only. In effect imposes
?. E1 %O$T 2A!TO LAW AND /ILL OF ATTAINDER Q: What a( th &i#%s o" ex post facto law? A: It can be a law that8 1. Aa)es an act( which was innocent when done( criminal and punishes such action 2. ggravates a crime or ma)es it greater than when it was committed 3. Changes the punishment and inflicts a greater punishment than the law anne.ed to the crime when it was committed !. lters the legal rules of evidence and
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penalty or deprivation of a right for something which when done was lawful Ieprives a person accused of a crime of some lawful protection to which he has become entitled( such as the protection of a former conviction or ac3uittal( or a proclamation of amnesty
Q: What is a 'ill o" attai#% (? A: 6bill of attainder7 is a legislative act that inflicts punishment without trial( its essence being the substitution of legislative fiat for a 1udicial determination of guilt. (People v". 4errer)
Not : It is only when a statute applies either to a named individuals or easily ascertainable members of a group in such a way as to inflict punishment on them without a 1udicial trial that it becomes a bill of attainder.
Q: What a( th two &i#%s o" 'ill o" attai#% (? A: 1. 2. <ill of attainder proper 9legislative imposition of the death penalty> <ill of pains and penalties 9imposition of a lesser penalty>.
Q: > was cha(4 % with ill 4al !oss ssio# o" "i( a(2s. Wh # > co22itt % th o"" #s , th 4o6 (#i#4 law was PD 0A77, which !(o6i% % "o( th ! #alt3 o" reclusion temporal to reclusion perpetua. How 6 (, whil th cas was ! #%i#4, PD 0A77 was a2 #% % '3 RA A1@B, which ( %$c % th ! #alt3 to prision correccional '$t i#c( asi#4 th a2o$#t o" "i# . I" > is co#6ict %, which ! #alt3 shall ' i2!os %? A: C. . ,2+! is the applicable law. s a general rule( penal laws should not have retroactive application( lest they ac3uire the character of an e< po"t f$cto law. n e.ception to this rule( however( is when the law is advantageous to the accused. lthough an additional fine of P1#(DDD.DD is imposed by C. . ,2+!( the same is still advantageous to the accused( considering that the imprisonment is lowered to pr#"#o! correcc#o!$l in its ma.imum period from reclu"#o! te1por$l in its ma.imum period to reclu"#o! perpetu$ under P.I. 1,$$. Fence( C. . ,2+! should be applied( without pre1udice to the application of the Indeterminate Sentence "aw. ()$lero"o v. People, G.R. No. 164810, 4eb. 22, 2//8)
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CITIZENSHIP
H. CITIDENSHIP Q: What is citi5 #shi!? A: It is membership in a political community which is personal and more or less permanent in character. Q: What a( th 2o% s o" acI$i(i#4 2. 3. of 'hose whose fathers or mothers are *ilipino citizens 'hose born before Kanuary 1&( 1+&3( *ilipino mothers( who elect Philippine the e. 1+3# Constitution. 'hose who are citizens under the 1+&3 Constitution.
citi5 #shi!? A: 1. <y birth 1. =u" "$!.u#!#" - ac3uisition of citizenship on the basis of blood relationship. 2. =u" "ol# - ac3uisition of citizenship on the basis of the place of birth. 2. <y naturalization - the legal act of adopting an alien and clothing him with the privilege of a native0born citizen. <y marriage
3.
Not : =u" "$!.u#!#" and naturalization are the modes followed in the Philippines.
Q: Ca# th ( ' E$%icial % cla(atio# that a ! (so# is a Fili!i#o citi5 #? Wh3? A: Go. Fe has to apply for naturalization and adduce evidence of his 3ualifications. 9Nu!. 2$! C6u v. Republ#c, G.R. No. L349+3, 'pr. 14, 1988> Q: Who a( citi5 #s o" th Phili!!i# s? A: 1. 'hose who are *ilipino citizens at the time of the adoption of the 1+,& Constitution8 a. 'hose who are citizens under the 'reaty of Paris4 b. 'hose declared citizens by 1udicial declaration applying the Cu" "ol# principle( before ?#o ?$1 v. Republ#c, 20 'pr. 190+, G.R. No. L 96/2. c. 'hose who are naturalized in accordance with law. 9'ct 2+2&> d. 'hose who are citizens under
CITIZENSHIP
citizenship upon reaching the age of ma1ority4
Not : 'ime to elect8 within 3 years from reaching the age of ma1ority.
Q: Stat th I$ali"icatio#s "o( #at$(ali5atio#. A: 1. Got less than 1, years of age on the date of hearing the petition ($" $1e!&e& b9 R.'. 68/9)I 2. Cesided in the Philippines for not less than 1D years4 may be reduced to # years( if4
!.
'hose naturalized in accordance with law. (8ec.1, 'rt. *), 198+ Co!"t#tut#o!) th
Q: What is Ca(a2 R$l ?
A: 5nder the 1+3# Constitution( those born in the Philippines of foreign parent( who before the adoption of the Constitution had been elected to public office( are considered *ilipino citizens. (C6#o!.b#$! v. &e Leo!, G.R. No. L 2//+, =$!. 31, 1 9 4 9 ) 'he 1+3#( Constitution( during which regime *PK had seen first light( confers citizenship to all persons whose fathers are *ilipino citizens regardless of whether such children are legitimate or illegitimate. (?ec"o! v. CO7-L-C, G.R. No. 161434, 7$r. 3, 2//4) Q: Who a( #at$(al='o(# citi5 #s? A: 1. Citizens of the Philippines from birth without having to perform any act to ac3uire or perfect their Philippine citizenship 2. 'hose born before Kanuary 1&( 1+&3 of *ilipino mothers( who elect Philippine citizenship upon reaching the age of ma1ority ($l ( 4a(%i#4
Q: What is th 2a((ia4 o" a Fili!i#o with a# ali #? A :
,R: 'he *ilipino retains Philippine citizenship. >PN: If( by their act or omission they are deemed( under the law( to have renounced it. (8ec.4, 'rt.*), 198+ Co!"t#tut#o!)
a. the
Fonorably
held
office
in
Philippine s b. %stablished new industry or introduced a useful invention c. Aarried to a *ilipino woman d. %ngaged as teacher in Philippine public or private school not established for e.clusive instruction of a particular nationality or race( or in any branches of education or industry for a period of not less than 2 years4 and e. <orn in the Philippines 3. Character 1. Lood moral character 2. <elieves in the Constitution 3. Conducted himself in an irreproachable conduct during his stay in the Philippines /wns real estate in the Philippines not less than P#(DDD in value4 or has some lucrative trade( profession or lawful occupation that can support himself and his family Spea)s and writes %nglish or *ilipino and any principal Philippine dialects ($" $1e!&e& b9 8ec. 6 'rt. (*))4 and %nrolled minor children in any public or private school recognized by the government where Philippine history( government and civics are taught as part of the curriculum( during the entire period of residence prior to hearing of petition.
ideas 3. Polygamists or believers of polygamy !. Persons suffering from mental alienation or incurable contagious disease #. Persons convicted of crime involving moral turpitude
!.
#.
$.
Q: Who a( %isI$ali"i % "o( #at$(ali5atio#? A: 1. Persons opposed to organized government or affiliated with any association or group of persons which uphold and teach doctrines opposing all organized governments 2. Persons defending or teaching necessity or propriety of violence( personal assault or assassination for the success or predominance of their
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&. ,.
Persons who( during residence in the Philippines( have not mingled socially with *ilipinos( or did not evince sincere desire to learn and embrace customs( traditions and ideals of *ilipinos Citizens or sub1ects of nations with whom the Philippines is at war( during the period of such war Citizens or sub1ects of a foreign country whose laws do not grant *ilipinos the right to become naturalized citizens or sub1ects thereof 9no reciprocity>
Q: Di"" ( #tiat a Di( ct #at$(ali5atio# "(o2 a D (i6ati6 #at$(ali5atio#. A: Iirect naturalization is effected8 1. <y individual proceedings( usually 1udicial( under general naturalization laws 2. <y specific act of the legislature( often in favor of distinguished foreigners who have rendered some notable service to the local state 3. <y collective change of nationality 9naturalization en masse> as a result of cession or sub1ugation !. In some cases( by adoption of orphan minors as nationals of the State where they are born Ierivative naturalization is conferred8 1. /n the wife of the naturalized husband 2. /n the minor children of the naturalized parent 3. /n the alien woman upon marriage to a national !. 'he unmarried child whether legitimate( illegitimate or adopted( below 1, years of age( of those who re0 ac3uire Philippine citizenship upon effectivity of C. . +22# shall be deemed citizens of the Philippines.
Not : Ierivative naturalization does not always follow as a matter of course( for it is usually made sub1ect to stringent restrictions and conditions. /ur own laws( for instance( provide that an alien woman married to a *ilipino shall ac3uire his citizenship only if she herself might be lawfully naturalized.
Q: What a( th A:
"" cts o" #at$(ali5atio#?
ON THE WIFE 2ests citizenship on the wife who might herself be lawfully naturalized4 She need not prove her 3ualifications but only that she is not dis3ualified.
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97o9 N$ L#1 N$o v. Co11. of *11#.r$t#o!, G.R. No. L21289, Oct. 4, 19+1.) ON THE -INOR CHILDREN *orn in the %hilippines utomatically becomes a citizen *orn Abroad / "o( th #at$(ali5atio# o" th "ath ( *f re"#&#!. #! t6e P6#l. 't t6e t#1e of !$tur$l# $t#o! utomatically becomes a citizen. ,R: Considered citizen only during minority
Not : 'he mere application or possession of an alien certificate of registration does not amount to renunciation (7erc$&o v. 7$! $!o, G.R. No. 130/83, 7$9 26, 1999).
3.
Subscribing to an oath of allegiance to the constitution or laws of a foreign country upon attaining 21 years of age4 or
Not : Citizens may not divest citizenship when the Philippines is at war.
*f !ot re"#&#!. #! t6e P6#l. 't t6e t#1e >PN: Fe begins to of reside permanently !$tur$l# $t#o in the Phil. A"t ( !a( #tsH #at$(ali5atio# Considered *ilipino( prov#&e& registered as such before any Phil. consulate within 1 year after attaining ma1ority age and ta)es oath of allegiance.
!.
Cendering service to or accepting commission in the armed forces of a foreign country4 or

Not : It shall not divest a *ilipino of his citizenship if8 9a> the Philippines has a defensive and@or offensive pact of alliance with the said foreign country4 9b> the said foreign country maintains armed forces in the Philippine territory with its consent provided that at the time of rendering said service( or acceptance of said commission( and ta)ing the oath of allegiance incident thereto( states that he does so only in connection with its service to said foreign country.
Q: What a( th 4(o$#%s "o( % #at$(ali5atio#? A: 1. Gaturalization certificate obtained fraudulently or illegally 2. If( within # years( he returns to his native country or to some foreign country and establishes residence therein 3. Gaturalization obtained through invalid declaration of intention !. Ainor children failed to graduate through the fault of parents either by neglecting support or by transferring them to another school #. llowing himself to be used as a dummy. Q: What a( th "" cts o"
#. $.
Cancellation of of naturalization4 or
certificate
Faving been declared by final 1udgment a deserter of the armed forces of the Philippines in times of war. In case of a woman( upon her marriage( to a foreigner if( by virtue of the laws in force in her husband;s country( she ac3uires his nationality. 2. %.press renunciation citizenship 9e.patriation>4 or of
&.
% #at$(ali5atio#? A: 1. If ground affects intrinsic validity of proceedings( denaturalization shall divest wife and children of their derivative naturalization 2. If the ground is personal( the wife and children shall retain citizenship. Q: What a( th 4(o$#%s "o( loss o" Phili!!i# citi5 #shi!? A: 1. Gaturalization in a foreign country4 or
Q: How is citi5 #shi! ( #o$#c %? A: %.pressly. (7erc$&o v. 7$! $!o, G.R. No. 130/83, 7$9 26, 1999) Q: Do s res &udicata s t i# citi5 #shi! cas s? A: ,R: Go. >PN: 1. Person;s citizenship is resolved by a court or an administrative body as a material issue in the controversy( after a full0blown hearing
2.
?ith the active participation of the Solicitor Leneral or his representative4 and
1.
3. *inding of his citizenship is affirmed by the Supreme Court. (:urc$ v. Republ#c G.R. No. L24202, =$!. 3/, 196+) 2. Q: What a( th wa3s to ( acI$i( citi5 #shi!? A: <y8 1. Gaturalization 2. Cepatriation 3. Iirect act of Congress Q: Disti#4$ish #at$(ali5atio# "(o2 ( !at(iatio#.
Nat$(ali5atio# Nature Aode of reac3uisition of Philippine Citizenship As to 2ery cumbersome process Simpler process and tedious mode of ac3uisition and reac3uisition of Philippine R !at(iatio#
Gatural0born citizens of the Philippines who have lost their naturalization as citizens of a foreign country are deemed to have re0ac3uired Philippine citizenship4 and Gatural0born citizens of the Philippines who( after the effectivity of said C ( become citizens of a foreign country shall retain their Philippine citizenship. citi5 #shi!
Q: Disti#4$ish %$al "(o2 %$al all 4ia#c . A:

D$al Citi5 #shi! rises when( as a result of concurrent application of the different laws of two or more States( a person is simultaneously Involuntary
D$al All 4ia#c Cefers to the situation where a person simultaneously owes( by some positive act( loyalty to two or more Cesult of
Q: How "" ct %?
is
( !at(iatio#
an individual;s volition and is prohibited by the approved on ugust 2+( 2DD3 provides
that( upon ta)ing the oath of allegiance to the Cepublic8
A: Cepatriation shall be effected by ta)ing the necessary oath of allegiance to the Cepublic of the Philippines and registration in the proper civil registry and in the <ureau of Immigration. 'he <ureau of Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the certificate of identification as *ilipino citizen to the repatriated citizen. Q: What is ( !at(iatio#? th "" ct o"
A: Cepatriation results in the recovery of the original nationality. 'his means that a naturalized *ilipino who lost his citizenship will be restored to his prior status as a naturalized *ilipino citizen. /n the other hand( if he was originally a natural0born citizen before he lost his Philippine citizenship( he will be restored to his former status as a natural0 born *ilipino. (:e!. o! v. 5R-? $!& Cru , G.R. No. 14284/, 7$9 +, 2//1) Q: What is a# ?a2!l o" ( acI$isitio# o" citi5 #shi! '3 th %i( ct act o" co#4( ss? A: C. . +22# also )nown as the 6Citizenship Cetention and Ce0ac3uisition ct of 2DD3(7
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Q: What is th "" ct o" ( =acI$isitio# o" citi5 #shi! o# ci6il a#% !olitical (i4hts? A: 'hose who retain or re0ac3uire Philippine citizenship shall en1oy full civil and political rights sub1ect to the following conditions8 1. R#.6t to voteJ must meet the re3uirements of Section 1( rticle 2 of the Constitution( and of Cepublic ct Go. +1,+ 9'he /verseas bsentee 2oting ct of 2DD3> and other e.isting laws4 i. -lect#ve Publ#c Off#ceJ Possess 3ualification for holding such public office as re3uired by the Constitution and e.isting laws Aa)e a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath( at the time of the filing of the certificate of candidacy. 'ppo#!t#ve Publ#c Off#ce 0 subscribe and swear to an oath of allegiance to the Cepublic of the Philippines and its duly constituted authorities prior to their assumption of
2.
ii.
iii.
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office8 Prov#&e&( 'hat they renounce their oath of allegiance to the country where they too) that oath4
Not : 'hat right to vote or be elected or appointed to any public office in the Philippines cannot be e.ercised by( or e.tended to( those who8 a. are candidates for or are occupying any public office in the country of which they are naturalized citizens4 and@or b. are in active service as commissioned or non0 commissioned officers in the armed forces of the country which they are naturalized citizens.(R.'. 9220) iv. Pr$ct#ce of profe""#o!8 apply with the proper authority for a license or permit to engage in such practice (R.'. 9220).
to the Cepublic of the
Q: A( ! (so#s !oss ssi#4 %$al citi5 #shi! '3 6i(t$ o" 'i(th 'a(( % "(o2 ($##i#4 "o( !$'lic o""ic ? A: Go( the fact that a person has dual citizenship does not dis3ualify him from running for public office. (Cor&or$ v. CO7-L-C, G.R. No. 1+694+, 4eb. 19, 2//9) Q: A, a #at$(ali5 % US citi5 #, so$4ht to ( acI$i( his Phili!!i# citi5 #shi!. H too& his oath o" all 4ia#c to th R !$'lic o" th Phili!!i# s ' "o( th )ic Co#s$l. H th # (a# a#% wo# as )ic -a3o( o" a 2$#ici!alit3. Th CO-ELEC, how 6 (, %isI$ali"i % hi2 o# th 4(o$#% that h "ail % to ( #o$#c his US citi5 #shi!. Is A %isI$ali"i % "(o2 ($##i#4 as a ca#%i%at i# th local l ctio#s "o( his "ail$( to 2a& a ! (so#al a#% swo(# ( #$#ciatio# o" his US citi5 #shi!? A: Mes. Section #92> of C. . +22# 9on the ma)ing of a personal and sworn renunciation of any and all foreign citizenship> re3uires the *ilipinos availing themselves of the benefits under the said ct to accomplish an underta)ing other than that which they have presumably complied with under Section 3 thereof 9oath of allegiance to the Cepublic of the Philippines>. 'here is little doubt( therefore( that the intent of the legislators was not only for *ilipinos reac3uiring or retaining their Philippine citizenship under C. . +22# to ta)e their oath of allegiance
Philippines( but also to e.plicitly renounce their foreign citizenship if they wish to run for elective posts in the Philippines. 'o 3ualify as a candidate in Philippine elections( *ilipinos must only have one citizenship( namely( Philippine citizenship. 'he oath of allegiance contained in the Certificate of Candidacy( does not constitute the personal and sworn renunciation sought under Section #92> of C. . Go. +22#. It bears to emphasize that the said o$t6 of $lle.#$!ce is a general re3uirement for all those who wish to run as candidates in Philippine elections4 while the re!u!c#$t#o! of fore#.! c#t# e!"6#p is an additional re3uisite only for those who have retained or reac3uired Philippine citizenship under C. . Go. +22# and who see) elective public posts( considering their special circumstance of having more than one citizenship. (=$cot v. ,$l, G.R. No. 1+9848, Nov.2+, 2 / / 8 ) Q: FAG is a #at$(ali5 % citi5 # o" a#oth ( co$#t(3 who ( acI$i( s Fili!i#o citi5 #shi!. O# th oth ( ha#%, F/G !oss ss s %$al citi5 #shi! '3 'i(th. I" th 3 % si( to ($# "o( l cti6 !$'lic o""ic , what ( I$i( 2 #t 2$st th 3 co2!l3 as ( 4a(%s th i( citi5 #shi!? A: must comply with the re3uirements set in C. +22#. Sec #93> of C. . +22# states that naturalized citizens who reac3uire *ilipino citizenship and desire to run for public office shall 6Xma)e a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath7 aside from the oath of allegiance prescribed in Section 3 of C. . +22#. < need not comply with the twin re3uirements of swearing an oath of allegiance and e.ecuting a renunciation of foreign citizenship because he is a natural0 born *ilipino who did not subse3uently become a naturalized citizen of another country. It is sufficed( if upon the filing of his certificate of candidacy( he elects Philippine citizenship to terminate his status as person with dual citizenship considering that his condition in the unavoidable conse3uence of conflicting
laws of different States. CO7-L-C, G.R. No. 1+694+, 4eb. 19, 2//9)
(Cor&or$
v.
I. LAW ON OFFICERS a. ,ENERAL
PU/LIC
PRINCIPLES Q: D "i# !$'lic o""ic . A: It is the right( authority( and duty created and conferred by law( by which for a given period( either fi.ed by law or enduring at the pleasure of the creating power( an individual is invested with some portion of the sovereign functions of the government( to be e.ercised by him for the benefit of the public (4er!$!&e v. 8to. ?o1$", G.R. No. 116418, 7$r. +, 1990). Q: How a( !$'lic o""ic s c( at %? A: <y8 1. 'he Constitution 2. 2alid statutory enactments 3. uthority of law (8ecret$r9 of ,ep$rt1e!t of ?r$!"port$t#o! $!& Co11u!#c$t#o!" v. 7$b$lot, G.R. No. 1382//, 4eb. 2+, 2//2) Q: What a( th l 2 #ts o" a !$'lic
l 4alit3 o" th c( atio# o" th PTC was assail % ' "o( th S$!( 2 Co$(t. Th ! titio# (s co#t #% that th PTC is a !$'lic o""ic a#% th$s th !( si% #t is witho$t a$tho(it3 to c( at it. It was "$(th ( co#t #% % that th c( atio# o" a !$'lic o""ic li s withi# th !(o6i#c o" th l 4islat$( . Th O""ic o" th Solicito( , # (al ;OS,< co$#t ( % that th c( atio# o" a "act="i#%i#4 'o%3 li& th PTC is
o""ic ? A: PILAC 1. Created by Constitution or by law or by somebody or agency to which the power to create the office has been delegated4 2. Invested with Authority to e.ercise some portion of the sovereign power of the State 3. 'he powers conferred and the duties to be discharged must be defined directly or impliedly by the Legislature or through legislative authority4 !. Iuties are performed Independently without control unless those of a subordinate. #. Continuing and Permanent 94er!$!&e v. 8to. ?o1$", G.R. No. 116418, 7$r. +, 1990I ?eC$&$ v. ,o1#!.o, G.R. No. 9186/, =$!. 13, 1992) Q: P( si% #t / #i4#o AI$i#o III iss$ E? c$ti6 O(% ( No. 0 c( ati#4 th Phili!!i# T($th Co22issio# ;PTC<. Th
co6 ( % '3 th P( si% #tHs !ow ( o" ( o(4a#i5atio# $#% ( th A%2i#ist(ati6 Co% a#% th P( si% #tHs !ow ( o" co#t(ol. Th OS, li& wis co#t #%s that Co#4( ss has % l 4at % to th P( si% #t th !ow ( to c( at !$'lic o""ic s '3 6i(t$ o" P.D. 0B07, as a2 #% % '3 P.D. 0881. Do s th c( atio# o" th PTC "all withi# th a2'it o" th !ow ( to ( o(4a#i5 as ?!( ss % i# S ctio# 90 o" th R 6is % A%2i#ist(ati6 Co% ? A: Go. 'he provision refers to reduction of personnel( consolidation of offices( or abolition thereof by reason of economy or redundancy of functions. 'hese point to situations where a body or an office is already e.istent but a modification or alteration thereof has to be effected. 'he creation of an office is nowhere mentioned( much less envisioned in said provision. 'o say that the P'C is borne out of a restructuring of the /ffice of the President under Section 31 is a misplaced supposition( even in the plainest meaning attributable to the term :restructure;0an :alteration of an e.isting structure.; %vidently( the P'C was not part of the structure of the /ffice of the President prior to the enactment of %.ecutive /rder Go. 1. (:#r$o.o v. P6#l#pp#!e ?rut6 Co11#""#o! of 2/1/, G.R. No. 192930, ,ece1ber +, 2/1/) Q: Is th c( atio# o" th PTC E$sti"i % '3 th P( si% #tHs !ow ( o" co#t(ol. A: Go( control is essentially the power to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the 1udgment of the former with that of the latter. Clearly( the power of control is entirely different from the power to create public offices. 'he former is inherent in the %.ecutive( while the latter finds basis from either a valid delegation from Congress( or his inherent duty to faithfully e.ecute the laws. (:#r$o.o v. P6#l#pp#!e ?rut6 Co11#""#o! of 2/1/, G.R. No. 192930, ,ece1ber +, 2/1/) Q: Ca# P.D. 0B07 ' $s % as E$sti"icatio# "o( th P( si% #tHs !ow ( to c( at !$'lic o""ic s, !a(tic$la(l3 th PTC? A: Go( said decree is already stale( anachronistic and inoperable. P.I. Go. 1!1$ was a delegation to then President Aarcos of the authority to reorganize the administrative structure of the national government including the power to create offices and transfer appropriations pursuant to one of the purposes of the decree
LAW ON PUBLIC OFFICERS

embodies in its last :?hereas; clause8 :?F%C% S( the transition towards the parliamentary form of government will necessitate fle.ibility in the organization of the national government.; Clearly( as it was only for the purpose of providing manageability and resiliency during the interim( P.I. Go. 1!1$( as amended by P.I. Go. 1&&2( became fu!ctu" of#c#o upon the convening of the *irst Congress( as e.pressly provided in Section $( rticle J2III of the 1+,& Constitution. (:#r$o.o v. P6#l#pp#!e ?rut6 Co11#""#o! of 2/1/, G.R. No. 192930, ,ece1ber +, 2/1/) Q: What th # co$l% ' th "o( th P( si% #tHs c( atio# o" th PTC? E$sti"icatio# sub1ect of a contract. It is not a vested right. It cannot be inherited. (8ec. 1, 'rt. (*, Co!"t#tut#o!I 8$!to" v. 8ecret$r9 of L$bor, G.R. No.L21624, 4eb 2+, 1968) o" C!$'lic
3. !.
Q. What is th !(i#ci!l o""ic is a !$'lic t($st?C
A: It means that the officer holds the public office in trust for the benefit of the peopleEto whom such officers are re3uired to be accountable at all times( and to serve with utmost responsibility( loyalty( and efficiency( act with patriotism and 1ustice( and lead modest lives. (8ec. 1, 'rt. (*, Co!"t#tut#o!) Q: What %o s th co#c !t C!$'lic o""ic is #ot a !(o! (t3G 2 a#? A: It means no officer can ac3uire vested right in the holding of a public office( nor can his right to hold the office be transmitted to his heirs upon his death. Gevertheless( the right to hold a public office is a protected right Esecured by due process and the provision of Constitution on security of tenure. (8$!to" v. 8ecret$r9 of L$bor, G.R. No.L 21624, 4eb 2+, 1968) Q: What a( th classi"icatio#s 4o6 (#2 #t 2!lo32 #t? A : 1. 2. Career Service Gon0career Service ( o"
A: 'he creation of the P'C finds 1ustification under Section 1&( rticle 2II of the Constitution( imposing upon the President the duty to ensure that the laws are faithfully e.ecuted. 'he President;s power to conduct investigations to aid him in ensuring the faithful e.ecution of laws - in this case( fundamental laws on public accountability and transparency - is inherent in the President;s powers as the Chief %.ecutive. 'hat the authority of the President to conduct investigations and to create bodies to e.ecute this power is not e.plicitly mentioned in the Constitution or in statutes does not mean that he is bereft of such authority. 'he %.ecutive is given much leeway in ensuring that our laws are faithfully e.ecuted. 'he powers of the President are not limited to those specific powers under the Constitution. /ne of the recognized powers of the President granted pursuant to this constitutionally0mandated duty is the power to create $& 6oc committees. 'his flows from the obvious need to ascertain facts and determine if the laws have been faithfully e.ecuted. It should be stressed that the purpose of allowing $& 6oc investigating bodies to e.ist is to allow an in3uiry into matters which the properly advised and guided in the performance of his duties relative to the e.ecution and enforcement of the laws of the land. (:#r$o.o v. P6#l#pp#!e ?rut6 Co11#""#o! of 2/1/, G.R. No. 192930, ,ece1ber +, 2/1/) Q: What a( th cha(act (istics o" a !$'lic o""ic ? ) ICE CHAIR FOR AD-INISTRATION AND FINANCE8
ICE CHAIRS FOR LA*=OUT AND DESI,N: % % G%""% C. "%% )K 'F%%G C. A C'IG%Q C" "/5I% A.
Q: What a( i#cl$% % i# th ca(
s (6ic ? A: 1. Ope! c$reer po"#t#o!" for appointment to which prior 3ualifications in an appropriate e.amination is re3uired 2. Clo"e& c$reer po"#t#o!" which are 3. !. Positions in the C$reer e<ecut#ve "erv#ce Career officers other than those in the career e.ecutive service( who are appointed by the President
#. Commissioned A:
officers
and
enlisted
S C M G
LAW ON PUBLIC OFFICERS

$. men of the rmed *orces Personnel of L/CCs( whether performing governmental 1. It is a public trust. 2. It is not a property and is outside the commerce of man. It cannot be the
" G %.
or proprietary functions( who do not fall under the non0career service4 and &. laborers( whether s)illed( Permanent semi0s)illed( or uns)illed (8ec. 0, P.,. No. 8/+).
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Q. What a( th %isti#ctio#s ' tw # ca( ( s (6ic a#% #o#=ca( ( s (6ic ? A:

CAREER SER)ICE %ntrance based on merits and fitness e.cept positions which are 1. primarily confidential( 2. highly technical and 3. Policy determining. Ietermined by competitive e.amination /pportunity for advancement to higher career position 'here is of tenure security NON=CAREER SER)ICE %ntrance other than based on the merit and fitness.
re3uired( for the position and thus en1oys security of tenure. 2. ?e1por$r9 - %.tended to a person who may not possess the re3uisite 3ualifications or eligibility and is revocable at will without necessity of 1ust cause or investigation. Fowever( if the appointment is for a specific period( the appointment may not be revo)ed until the e.piration of the term.
Ietermine by competitive e.aminatio
not
Go such opportunity
Not : 'emporary appointments shall not e.ceed 12 months. c3uisition of civil service eligibility will not automatically convert the temporary appointment into a permanent one (Prov. Of C$1$r#!e" 8ur v. Court of 'ppe$l", G.R. No. 1/4639, =ul9 14, 1990).
3.
'enure is limited to a period specified by law( coterminous with the appointing authority or sub1ect to his pleasure( or which is limited to the duration of a particular purpose (=oco1 v. Re.$l$&o, G.R. No. ++3+3, 'u.. 22, 1991)
Re.ul$r $ppo#!t1e!t - one made by the President while the Congress is in session( ta)es effect only after confirmation by the C ( and once approved( continues until the end of the term of the appointee. '& #!ter#1 $ppo#!t1e!t @ one made by the President while Congress is not in session( ta)es effect immediately( but ceases to be valid if disapproved by the C or upon the ne.t ad1ournment of Congress.
!.
'. -ODES OF ACQUIRIN, TITLE TO PU/LIC OFFICE Q: What a( th !$'lic o""ic s? 2o% s o" "illi#4 $!
Q: What is th #at$( o" a# Cacti#4 a!!oi#t2 #tC to a 4o6 (#2 #t o""ic ? Do s s$ch a# a!!oi#t2 #t 4i6 th a!!oi#t th (i4ht to clai2 that th a!!oi#t2 #t will, i# ti2 , (i! # i#to a ! (2a# #t o# ? E?!lai#. A: ccording to 8ev#ll$ v. C', G.R. No. 88498, =u!e 9, 1992( an acting appointment is merely temporary. s held in 7$ro6o1b"$r v. 'lo!to, G.R. No. 93+11, 4eb. 20, 1991( a temporary appointment cannot become a permanent appointment( unless a new appointment which is permanent is made. 'his holds true unless the acting appointment was made because of a temporary vacancy. In such a case( the temporary appointee holds office until the assumption of office by the permanent appointee. Q: What is a!!oi#t2 #t? a !(o6isio#al
A: Public offices are filled up either by8 1. ppointment 2. %lection 3. In some instances by contract or by some other modes authorized by law. (Precl$ro v. 8$!&#.$!b$9$!, G.R. No. 111/91, 'u.. 21, 1990)
c. -ODES AND JINDS OF APPOINT-ENT Q: What a( th classi"icatio#s o" a!!oi#t2 #ts? A: 1. Per1$!e!t - %.tended to a person who meets all the re3uirements for the position to which he is being appointed( including the appropriate eligibility
A: It is one which may be issued( upon the prior authorization of the Commissioner of the Civil Service Commission( to a person who has not 3ualified in an appropriate e.amination but who otherwise meets the re3uirements for appointment to a
regular
position
in
the
competitive service( whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of eligibles at the time of appointment. (=#1e!e$ v. Gu$! o!, G.R. No. L24+90, =$!. 29, 1968) Q: Ca# th P( si% #t s$'2it to th Co22issio# o# A!!oi#t2 #ts a# a!!oi#t2 #t "o( co#"i(2atio# wh # it %o s #ot # % th co#s #t o" th sa2 ? A: Go. 'he Constitution made an e.clusive enumeration of the appointments that are to be approved by the C . /nly in the first sentence of Sec. 1$ rt. 2II does consent of the C is needed for the appointments made by the President. Q: Wh # is a# a!!oi#t2 #t i# th s (6ic ! (2a# #t? ci6il
position without violating the Constitutional provision prohibiting an officer whose term has e.pired from being re0appointed (7$t#b$. v. :e!#p$9o, G.R. No. 13/60+, 'pr. 1, 2//2).
Q: What is interim a!!oi#t2 #t s?
th
(atio#al
' hi#% ad
A: '& #!ter#1 appointments are intended to prevent a hiatus in the discharge of official duties. /bviously( the public office would be immobilized to the pre1udice of the people if the President had to wait for Congress and the Commission of ppointments to reconvene before he could fill a vacancy occurring during the recess. (Guev$r$ v *!oce!te", G.R. No. L200++, 7$r. 10, 1966) Q: Di"" ( #tiat interim a!!oi#t2 #t s? A:
RE,ULAR Aade when Congress is in session Aade only after the nomination is confirmed by C Continues until the e.piration of the term A INTE'I( Aade when Congress is in recess Aade before such confirmation Shall cease to be valid if disapproved by C . (8ec.
A: 5nder Section 2#9a> of the Civil Service Iecree( an appointment in the civil service is per1$!e!t when issued to a person who meets all the re3uirements for the position to which he is being appointed( including the appropriate eligibility prescribed( in accordance with the provisions of law( rules and standards promulgated in pursuance thereof. Q: What is interim a!!oi#t2 #t ? th #at$( o" a# ad
( 4$la(
"(o2
ad
A: '& #!ter#1 appointment is a permanent appointment. It is permanent because it ta)es effect immediately and can no longer be withdrawn by the President once the appointee 3ualified into office. 'he fact that it is sub1ect to confirmation by the C does not alter its permanent character. (7$t#b$. v. :e!#p$9o, G.R. No. 13/60+, 'pr. 1, 2//2). '& #!ter#1 appointments are permanent until8 1. Iisapproved by the C 4 or 2. Ge.t ad1ournment of the Congress( either in regular or special session 9inaction by the C >.
Not : <eing a permanent appointment( an $& #!ter#1 appointee pending action by the Commission on ppointments en1oys security of tenure. (7$ro1b6o"$r v. C', G.R. No. 126481, 4eb. 18, 2/// )
Q: Disti#4$ish ' tw # a# Ca!!oi#t2 #t i# a# acti#4 ca!acit3C ?t #% % '3 a D !a(t2 #t S c( ta(3 "(o2 a# ad interim a!!oi#t2 #t ?t #% % '3 th P( si% #t. A: n appointment in an $ct#!. c$p$c#t9 e.tended by a Iepartment Secretary is not permanent but temporary. Fence( the Iepartment Secretary may terminate the services of the appointee at any time. /n the other hand( an $& #!ter#1 $ppo#!t1e!t e.tended by the President is an appointment which is sub1ect to confirmation by the Commission ppointments and was made on during the recess of Congress. s held in 8u11er" v. O $et$ (G.R. No. L1034, Oct. 24, 1948)( an ad interim appointment is permanent. Q: Disti#4$ish ' tw # a !(o6isio#al a#% a t 2!o(a(3 a!!oi#t2 #t.
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virtue of inaction by the Commission on ppointments( may be reappointed to the same
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A:
TE-PORAR* APPOINT-ENT Issued to a person to a position needed only for a limited Got toperiod e.ceed $ months@no definite tenure and is dependent on the pleasure of the appointing power Aeets re3uirements position e.cept service eligibility PRO)ISIONAL APPOINT-ENT Issued prior to authorization of CSC Cegular position in the meantime that no suitable eligible does not 3ualify for the position Fas not 3ualified in
an appropriate all e.amination but for otherwise meets civil re3uirements for appointments
Not : Provisional appointments in general have already been abolished by C. . Go. $D!D. Fowever( it still applies with regard to teachers under the Aagna Carta for Public School 'eachers. Concepts on appointments are under the Chapter on %.ecutive Iepartment. discussed
A: ?here an appointment re3uires the approval of the CSC( such appointment may be revo)ed or withdrawn by the appointing authority anytime before the approval by the CSC. fter an appointment is completed( the CSC has the power to recall an appointment initially approved on any of the following grounds8 1. Gon0compliance with procedures@criteria in merit promotion plan4 2. *ailure to s through the selection pas board4 3. 2iolation of isting collective e. agreement relative romotion4 to p CSC laws( rules !. 2iolation of and regulations 1114+1, 8ept. bul.$&o 6, 1994) v. C8C, G.R. 2 appointment ('3u#!o v. C8C, G.R. No. t #$( 3 924/3, 'pr#l Q: Disti#4$ish22, t (2 19 92 ). Q: What is th F( 6ocatio#G a#% F( callG o" a!!oi#t2 #t? co#c !t o"
Q: Ca# th CSC ( 6o& a# a!!oi#t2 #t '3 th a!!oi#ti#4 !ow ( a#% %i( ct th a!!oi#t2 #t o" a# i#%i6i%$al o" its choic ? A: Go. 'he CSC cannot dictate to the appointing power whom to appoint. Its function is limited to determining whether or not the appointee meets the minimum 3ualification re3uirements prescribed for the position. /therwise( it would be encroaching upon the discretion of the appointing power. (7e&$ll$ v. 8to. ?o1$", G.R. 94200, 7$9 0, 1992) Q: What is th a!!oi#t2 #tG? co#c !t o" F!(ot st to
A: ny person who feels aggrieved by the appointment may file an administrative protest against such appointment. Protests are decided in the first instance by the Iepartment Fead( sub1ect to appeal to the CSC. 'he protest must be for a cause 9i.e. appointee is not 3ualified4 appointee was not the ne.t0in0ran)4 unsatisfactory reasons given by the appointing authority in ma)ing the 3uestioned appointment>. 'he mere fact that the protestant has the more impressive resume is not a cause for opposing an
A:
TER*i.ed and definite period of time which the law prescribes that an officer may hold an office. TENUR E Period during which the incumbent actually holds the office.
Q: What a( th th( A: 1. 2. 3.
;9< &i#%s o" t (2s?
'erm fi.ed by law 'erm dependent on good behavior until reaching retirement age Indefinite term( which terminates at the pleasure of the appointing authority. (:orre" v. Court of 'ppe$l", G.R. No. L 36840, 'u.. 21, 198I Rube! -. '.p$lo, '&1#!#"tr$t#ve L$%, L$% o! Publ#c Off#cer" $!& -lect#o! L$%, 2//0 e&., p. 3/4)
Q: What is th co#c !t o" Fhol%=o6 (G? A: In the absence of an e.press or implied constitutional or statutory provision to the contrary( an officer is entitled to hold office until his successor is elected or appointed and has 3ualified. (Lec$ro v. 8$!&#.$!b$9$!, G.R. No. 13/8+2, 7$r. 20,1999)
%. ELI,I/ILIT* AND QUALIFICATION REQUIRE-ENTS Q: What a( th ( I$i( 2 #ts "o( !$'lic o""ic ? A: 1. -l#.#b#l#t9 - It is the state or 3uality of
being legally fit or 3ualified to be chosen. 2. >u$l#f#c$t#o! - 'his refers to the act which a person( before entering upon the performance of his duties( is by law re3uired to do such as the ta)ing( and often( subscribing and filing of an official oath( and( in some cases( the giving of an official bond. It may refer to8 a. %ndowments( 3ualities or attributes which ma)e an individual eligible for public office( (e... c#t# e!"6#p)I or 'he act of entering into performance of the functions of a public office( (#.e. t$F#!. o$t6 of off#ce).
Not : 'hese 3ualifications must be possessed at the time of the appointment or election and continuously for as long as the official relationship continues ('.u#l$ v. Ge!$to, G. R No. L00101, 7$r. 1+, 1981).
assistants, u!le"" otherwise allowed by the Constitution( shall not8 1. Iirectly or indirectly practice any other profession4
b. the
. DISA/ILITIES AND INHI/ITIONS OF PU/LIC OFFICERS Q: Stat th !(ohi'itio#s i2!os % $#% ( th 0@A8 Co#stit$tio# a4ai#st th hol%i#4 o" 1 o( 2o( !ositio#s. A : . Aembers of Congress shall not8 1. ppear as counsel before any court( electoral tribunal( or 3uasi0 1udicial and other administrative bodies4 2. Shall not be interested in any contract with( or in any franchise( or special privilege granted by the Lovernment( or any subdivision( agency or instrumentality thereof( including L/CCs( or its subsidiary4 3. Shall not intervene in any matter before any office of the Lovernment for his pecuniary benefit or where he may be called upon to act on account of his office <. 'he President( 2ice President( Aembers of the Cabinet( and their deputies or
2.
Participate in any business( or be financially interested in any contract with or in any franchise( or special privilege granted by the Lovernment( or any subdivision( agency or instrumentality thereof( including L/CCs( or its subdivisions4 shall avoid conflict of interest in the conduct of their office
"iberties 5nion v %.ecutive Secretary (194 8CR' 31+), that while all other appointive officials in the Civil Service are allowed to hold other office or employment in the government during their tenure when such is allowed by law or by the primary functions of their positions( members of the Cabinet( their
C. Aembers of the Constitutional Commission shall not8 1. Fold any other office or employment or engage in the practice of any profession or in the active management or control of any business which in anyway may be affected by the functions of his office4 2. <e financially interested( directly or indirectly( in any contract with( or in any franchise( or special privilege granted by the Lovernment( or any subdivision( agencies or instrumentalities including L/CCs( or their subsidiaries. 'hese shall also apply to the /mbudsman and his deputies during his term. Q: What is th ($l a4ai#st th a!!oi#t2 #t o" 2 2' (s o" th o""icial "a2il3 o" th P( si% #t? A: 'he spouses and relatives by th consanguinity or affinity within the ! civil degree of the President shall not be appointed as members of the Constitutional Commissions( /ffice of the /mbudsman( or as Secretaries( 5ndersecretaries( chairmen or heads of bureaus or offices( including L/CCs and their subsidiaries during his tenure. (8ec. 13, 'rt. )**, Co!"t#tut#o!) Q: As a# ?c !tio# to th ($l a4ai#st hol%i#4 1 o( 2o( !ositio#s, which !$'lic o""ic (s a( allow % '3 th Co#stit$tio# to hol% oth ( !ositio#s i# th ,o6 (#2 #t? A: 'he 2ice0President being appointed as a member of the Cabinet under 8ect#o! 3, p$r. (2), 'rt#cle )**4 or acting as President in those instances provided under 8ect#o! +, p$r". (2) $!& (3), 'rt#cle )**4 and( the Secretary of Kustice being e.0 officio member of the Kudicial and <ar Council by virtue of 8ect#o! 8 (1), 'rt#cle )***. 'hus( the Supreme Court held in Civil
deputies and assistants may do so only when e.pressly authorized by the Constitution itself. Q: What a( th oth ( !(ohi'itio#s i2!os % o# !$'lic o""ic (s? A : 1. 2. 3. Prohibition against solicitation of gifts (8ec. +(&), R.'. No. 6+13) Prohibition against partisan political activities (8ec. 2(4), 'rt. *((:), Co!"t#tut#o!) Prohibition against engaging in stri)e (8oc#$l 8ecur#t9 89"te1 -1plo9ee" '""!. v. C', G.R No. 802+9, =ul 28,1989). Cestriction against engaging in the practice of law (8ec. 9/, R.'. No. +16/) Prohibition against practice of other professions (8ec. 9/, R.'. No. +16/) Cestriction against engaging in private business ('beto v. G$rce", '.7. No. P 88269, ,ec. 29, 1990) Cestriction against accepting certain employment (8ec. +(b), R.'. No. 6+13)
issues and mention the names of the candidates they support.
Q: What &i#% o" !$'lic o""ic (s 2a3 #4a4 i# !a(tisa# !olitical acti6iti s? A: Go. /fficers or employees in the Civil Service including members of the rmed *orces cannot engage in such activity e.cept to vote. 'hey shall not use their official authority or influence to coerce the political activity of any person (8ec. 00, 8ubt#tle ', ?#tle *, :ooF ), 198+ '&1#!#"tr$t#ve Co&e).
Not : /fficers and employees in the Civil Service can nonetheless e.press their views on current political
!. #. $.
&.
Q: What &i#% o" 4i"ts o( 4(a#ts 2a3 !$'lic o""ic (s acc !t "(o2 "o( i4# 4o6 (#2 #ts? A : 1. 2. 3. Lifts of nominal value received a s souvenir or mar) of courtesy4 Scholarship or fellowship grant or medical treatment4 'ravel grants or e.penses for travel outside the Philippines (8ec. +(&), R.'. No. 6+13)
Q: What is 2 a#t '3 F!a(tisa# !olitical acti6it3G? A: It is an act designed to promote the election or defeat of a particular candidate@s to a public office. It is also )nown as 6electioneering7 (8ec. +9, O1!#bu" -lect#o! Co&e). Q: Ca# a!!oi#ti6 o""icials !a(tisa# !olitical acti6iti s? #4a4 i#
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A: 1. 'hose holding political offices( such as the President of the Philippines4 2ice President of the Philippines4 %.ecutive Secretary@Iepartment Secretaries and other Aembers of the Cabinet4 ll other elective officials at all levels4 and those in the personal and confidential staff of the above officials. Fowever( it shall be unlawful for them to solicit contributions from their subordinates or sub1ect them to any of the acts involving subordinates prohibited in the %lection Code. Gational( provincial( city and municipal elective officials. ('leCo 8$!to" v. N$tco, G.R. No. L 16133, Nov. 6, 1909) ?t #t o" th (i4ht to s l"= 2!lo3 s i# th !$'lic
2.
Q: D sc(i' th o(4a#i5atio# o" s (6ic ?
A: ?hile the Constitution recognizes the right of public employees to organize( they are prohibited from staging stri)es( demonstrations( mass leaves( wal)0outs and other forms of mass action which may result to temporary cessation of wor) or disturbance of public service. 'heir right to self organization is limited only to form unions or to associate without including the right to stri)e. "abor unions in the government may bargain for better terms and conditions of employment by either petitioning the Congress for better terms and conditions( or negotiating with the appropriate government agencies for the improvement of those not fi.ed by law. (888 -1plo9ee" '""!. v. C', G.R No. 802+9, =ul 28,1989) Q: Do s th l ctio# o( a!!oi#t2 #t o" a# atto(# 3 to a 4o6 (#2 #t o""ic %isI$ali"3 hi2 "(o2 #4a4i#4 i# th !(i6at !(actic o" law? A: s a general rule( 1udges( other officials of the superior courts( of the office of the Solicitor Leneral and of other Lovernment prosecution offices4 the President4 2ice0President( and members of the cabinet and their deputies or assistants4 members of constitutional commissions4 and civil service officers or employees whose duties and responsibilities re3uire that their entire time be at the disposal of
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the government are strictly prohibited from engaging in the private practice of law. t6 (Rube! -. '.p$lo, Le.$l -t6#c", 6 199+ e&., pp.42 et. "e3.) Q: Is a law3 ( 2 2' ( who is also a 2 2' ( o" th L 4islat$( a'sol$t l3 !(ohi'it % "(o2 #4a4i#4 th !(i6at !(actic o" law? A: Go. Fe is only prohibited from 6appearing7 as counsel before any court of 1ustice or before the %lectoral 'ribunals( or 3uasi0 1udicial and other administrative bodies. 'he word appearance includes not only arguing a case before any such body but also filing a pleading on behalf of a client such as filing a motion( plea or answer. Geither is his name allowed to appear in such pleadings by itself or as part of a firm name under the signature of another 3ualified lawyer. (Rube! -. '.p$lo, '&1#!#"tr$t#ve L$%, L$% o! Publ#c Off#cer" $!& -lect#o! L$%, 2//0 e&., p. 41/) Q: U#% ( th Local ,o6 (#2 #t Co% , ca# th 2 2' (s o" Sa#44$#ia# #4a4 i# th !(actic o" law? A: ,R: Mes. >PN s: 1.
2.
profession Sanggunian members may practice their profession( engage in any occupation( or teach in schools e.cept during session hours
2.
3. their
Cannot appear as counsel in any civil case where in a local government unit or any office( agency or instrumentality of the Lovt. is the adverse party4 Cannot appear as counsel in any criminal case wherein an officer or employee of the national or local Lovt. is accused of an offense committed in relation to his office4 Shall not collect any fee for appearance in administrative proceeding involving the "L5 of which he is an official4 and Aay not use property and personnel of the Lovt.( e.cept when defending the interest of the Lovt.
!.
Q: U#% ( th Local ,o6 (#2 #t Co% , what a( th !(ohi'itio#s a4ai#st th !(actic o" oth ( !(o" ssio#s? A :
1.
"ocal Chief %.ecutives 9governors( city and municipal mayors> are prohibited from practicing their
3.
Ioctors of medicine may practice their profession even during official hours of wor) in cases of emergency provided that they do not derive monetary compensation therefrom. #4a4 i# a
above(
but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with( in which case the one0 year prohibition shall li)ewise apply.
Q: Ca# !$'lic o""ic (s !(i6at '$si# ss?
A: Mes( provided that a written permission is granted by the head of the department or agency( provided further that the time devoted outside of office hours is fi.ed by the chief of the agency to the end that it will not impair his duties and efficiency as a public officer. Fowever if the private business does not appear to have any conflict of interest or any influence to his public duties( no permission is necessary but he is prohibited to ta)e part in the management or become an officer or member of the board of directors. ('beto v. G$rce", '.7. No. P88269, ,ec. 29, 1990) Q: What a( th !(ohi'itio#s $#% ( RA 7809 o( Co% o" Co#%$ct a#% Ethical Sta#%a(%s "o( P$'lic O""icials a#% E2!lo3 s? A: Prohibition against financial and material interest0 Iirectly or indirectly having any financial or material interest in any transaction re3uiring the approval of their office. Prohibition employment thereto0 1. against outside and other activities related
2. 3.
/wning( controlling( managing or accepting employment as officer( employee( consultant( counsel( bro)er( agent( trustee or nominee in any private enterprise regulated( supervised or licensed by their office. %ngaging in the private practice of their profession Cecommending any person to any position in any private enterprise which has a regular or pending official transaction with their office. 'hese prohibitions shall continue to apply for a period of one year after resignation( retirement( or separation from public office( e.cept in the case of subparagraph 9b> 92>
". POWERS AND DUTIES OF PU/LIC OFFICERS Q: What !ow (s 2a3 ' !$'lic o""ic (s? A : 1. %.pressly conferred upon him by the ct appointing him4 2. %.pressly anne.ed to the office by law4 3. ttached to the office by common law as incidents to it. Q: What N c ssa(3 I2!licatio# ? is th Doct(i# o" ? (cis % '3
!.
and to lead modest lives4 'o submit a declaration under oath of his assets( liabilities( and net worth upon assumption of office and as often thereafter as may be re3uired by law4
A: ll powers necessary for the effective e.ercise of the e.press powers are deemed impliedly granted. (P#1e!tel v. CO7-L-C, G.R. No. L03081, ,ec. 19, 198/) Q: Is th ( a#3 !(ot ctio# i# th o" this !ow (? ? (cis
A: Mes. public officer has some measures of immunity and he would not incur liabilities provided he does an act within the scope of his authority and in good faith. (8$!&er" v. )er#&#$!o **,G.R. No. L4693/, =u! 1/, 1988) Q: What a( th !$'lic o""ic (s? A : &i#%s o" %$ti s o"
-INISTERIAL
Iischarge is imperative and it must be done by the public officer Can be compelled by mandamus
Can be delegated
DISCRETIONAR* Public officer may do whichever way he wants provided it is in accordance with law and not whimsical Cannot be compelled by mandamus e.cept when there is grave abuse of discretion Cannot be delegated unless otherwise provided by law
Q: What a( th %$ti s o" !$'lic o""ic (s? A: 1. 'o be accountable to the people4 2. 'o serve the people with utmost responsibility( integrity( and efficiency4 3. 'o act with patriotism and 1ustice
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#.
'o owe the State and the Constitution allegiance at all times.
4. RI,HTS OF PU/LIC OFFICCERS Q: What a( o""ic (s? A: 1. 2. 3. !. #. $. &. ,. +. 1D. Cight to office Cight to compensation@salary Cight to appointments Cight to vacation and sic) leave Cight to maternity leave Cight to retirement pay Cight to longevity pay Cight to pension Cight to self0organization Cight to protection of temporary employees. #titl % to th (i4hts a#% !(i6il 4 s o" !$'lic
Q: Is th s$s! #% % !$'lic o""icial !a32 #t o" sala(3?
A: Mes. public official is not entitled to any compensation if he has not rendered any service and the 1ustification for the payment of the salary during the period of suspension if that suspension was un1ustified or that the official was innocent. 'o entitle to payment of salary during suspension( there must be reinstatement or e.oneration. (Re9e" v 5er!$!&e , G.R. No. 4+346, 8 'pr#l 1941) Q: Ca# th de &ure o""ic ( ( co6 ( th ( c i6 % '3 th de facto o""ic (? sala(3
A: Mes. s a rule( the rightful incumbent of the public office may recover from a de facto officer the salaries received by the latter during the time of the latterRs wrongful tenure even though he entered into the office in good faith and under a colorable title. 'he de facto officer ta)es the salaries at his ris)s and must therefore account to the de 1ure officer for the amounts he received. Fowever( where there is no de 1ure officer( a de facto officer shall be entitled to the salaries and emoluments accruing during the period when he actually discharged the duties. (7o!ro9 v. C', G.R. No. L23208, =ul 1, 196+) Q: Ca# !$'lic o""icials a6ail o" th th Solicito( , # (al? s (6ic s o"
A: If the public official is sued for damages arising out of a felony for his own account( the State is not liable and the SolLen is not authorized to represent him therefore. 'he
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SolLen may only do so in suits for damages arising not from a crime but from the performance of a public officer;s duties. ()#t$l Go o! v. Court of 'ppe$l", G.R No. 1/1428 , 'u.. 0, 1992) h. LIA/ILITIES OF PU/LIC OFFICERS 0. P( 6 #ti6 S$s! #sio# a#% /ac& Sala(i s Dis2issal, R i#stat 2 #t a#% 1. Ill 4al /ac& Sala(i Q: Stat th th( ="ol% ( s!o#si'ilit3Slia'ilit3 o" !$'lic o""ic (s. A : 1. Criminal liability 2. Civil liability 3. dministrative liability Q: A( !$'lic o""ic (s lia'l "o( i#E$(i s s$stai# % '3 a#oth ( i# th ! ("o(2a#c o" his o""icial acts %o# withi# th sco! o" his a$tho(it3? A : ,R: Go. >PNs: 1. /therwise provided by law4 2. Statutory liability under the Civil Code ('rt#cle" 2+, 32, E 34)4 3. Presence of bad faith( malice( or negligence4 !. "iability on contracts entered into in e.cess or without authority4 #. "iability on tort if the public officer acted beyond the limits of authority and there is bad faith (2!#te& 8t$te" of '1er#c$ v. Re9e", G.R. No. +9203, 7$r. 1, 1993). Q: What a( th lia'iliti s o" 2i#ist (ial
the proper degree of care( s)ill( and diligence re3uired in the performance of official duty4 and 3. 7$lfe$"$!ce - Performance of an act which the officer had no legal right to perform. Q: What is Co22a#% R s!o#si'ilit3? th %oct(i# o"
o""ic (s? A: 1. No!fe$"$!ce - Geglect to perform an act which is the officerRs legal obligation to perform. 2. 7#"fe$"$!ce - 'he failure to observe
A: 'his doctrine provides that a superior officer is liable for the acts of his subordinate in the following instances8 1. Fe negligently or willfully employs or retains unfit or incompetent subordinates4 2. Fe negligently or willfully fails to re3uire his subordinates to conform to prescribed regulations4 3. Fe negligently or carelessly oversees the business of the office as to give his subordinates the opportunity for default4 !. Fe directed( cooperated( or authorized the wrongful act4 #. 'he law e.pressly ma)es him liable. (8ec.3839, C6$p. 9, :ooF *, -.O. No. 292, '&1#!#"tr$t#ve Co&e of 198+) Q: What a( th 4(o$#%s "o( th %isci!li# o" !$'lic o""ic (s? A : 1. 2. 3. !. #. $. &. ,. +. 1D. 11. 12. 13. 1!. 1#. Iishonesty /ppression Geglect of duty Aisconduct Iisgraceful and immoral conduct Iiscourtesy in the course of official duties Inefficiency and incompetence in the performance of official duties Conviction of a crime involving moral turpitude <eing notoriously undesirable *alsification of official documents Fabitual drun)enness Lambling Cefusal to perform official duty or render overtime service Physical or mental incapacity due to immoral or vicious habits ?illful refusal to pay 1ust debts or willful failure to pay ta.es co#c !t o" s c$(it3
an e3uitable right to the position. (Lu1#.ue& v. -<eve$, G.R. No. 11+060, Nov. 18, 199+)
Q: What is th o" t #$( ?
A: It means that no officer or employee in the civil service shall be suspended or dismissed e.cept for a cause provided by law and after due process or after he shall have been given the opportunity to defend himself.
Not : /nce an appointment is issued and completed and the appointee assumes the position( he ac3uires a legal right( not merely
Cegardless of the characterization of the position held by a government employee covered by civil service rules( be it career or non career position( such employee may not be removed without 1ust cause (=oco1 v. Re.$l$&o, G.R. No. ++3+3,'u.. 22, 1991) . cceptance of a temporary appointment or assignment without reservation or upon one;s own volition is deemed waiver of security of tenure (P$l1er$ v. C#v#l 8erv#ce Co11#""#o!, G.R. No. 11/168, 'u..4, 1994).
ii. c. 2. 4or
Sec. $38 $D or +D days for elective officials /mbudsman ct - $ months
cr#1#!$l c$"e"J nti0Lraft and Corrupt Practices ct 9C. . 3D1+> +D days by analogy
Q. What a( th %isti#ctio#s ' tw # !( 6 #ti6 s$s! #sio# ! #%i#4 i#6 sti4atio# a#% ! #%i#4 a!! al? A :
Q: What is th s$s! #sio#?
#at$(
o" !( 6 #ti6
A: Preventive suspension is not a penalty by itself4 it is merely a measure of precaution so that the employee who is charged may be separated from the scene of his alleged misfeasance while the same is being investigated( to prevent him from using his position or office to influence prospective witnesses or tamper with the records which may be vital in the prosecution of the case against him. (:eC$ v. C', G.R. No. 91+49, 7$r. 31, 1992 ) It can be ordered even without a hearing because this is only preliminary step in an administrative investigation. ('lo! o v. C$pulo!., et $l., G.R. No. 11/09/, 7$9 1/, 1990) 'he lifespan of preventive suspension is limited to +D days after which the respondent must be automatically reinstated provided that when the delay is due to the fault( negligence or petition of the respondent( such period of delay shall not be counted. (8ec. 42, P.,. No. 8/+)
Not : ?hen a public officer is charged with violation of the nti0Lraft and Corrupt Practices ct or C. Go. 3D1+( a pre0suspension hearing is re3uired solely to determine the applicability of such law and for the accused be given a fair and ade3uate opportunity to challenge the validity of the criminal proceedings against him. 'his may be done through various pleadings. (?orre" v. G$rc6#tore!$, G.R. No. 103666, ,ec. 2+, 2//2)
PENDIN, IN)ESTI,ATION Got a penalty but only a means of enabling the disciplinary authority an unhampered investigation fter the lapse of +D days( the law provides that he be automatically reinstated
PENDIN , APPEA Punitive in character
If e.onerated( he should be reinstated with full pay for the period of suspension
If during the appeal he remains suspended and the penalty Iuring such preventive imposed is only suspension( the reprimand( the employee is not entitled suspension pending to payment of salaries appeal becomes illegal and he is entitled to bac) salary A corresponding to the
1. 4or $&1#!#"tr$t#ve c$"e"J a. Civil Service "aw - +D days b. "ocal Lovernment Code (R.'. + 1 6 / ) i. Sec.,#8 $D days for appointive officials
Q: What a( th ! (io%s "o( !( 6 #ti6 s$s! #sio#? U#% ( what law a( th 3 i2!osa'l ?
Q: Is a !$'lic o""ic ( #titl % to 'ac& wa4 s %$(i#4 his s$s! #sio# ! #%i#4 a!! al wh # th ( s$lt o" th % cisio# "(o2 s$ch a!! al %o s #ot a2o$#t to co2!l t ?o# (atio# '$t ca((i s with it a c (tai# #$2' ( o" %a3s o" s$s! #sio#? A: Go. lthough entitled to reinstatement( he is not entitled to bac) wages during such suspension pending appeal. /nly one who is completely e.onerated( or merely reprimanded is entitled to such bac) wages. (8ec. of -&uc$t#o!, etc. v. C'. G.R. No. 128009, Oct. 4, 2///) Q: What is a %isci!li#a(3 actio#? A: It is a proceeding which see)s the imposition of disciplinary sanction against( or the dismissal or suspension of( a public officer or employee on any of the grounds prescribed by law after due hearing. (Rube! -. '.p$lo, '&1#!#"tr$t#ve L$%, L$% o! Publ#c Off#cer" $!& -lect#o! L$%, 2//0 e&., p 416)
Q. A( % cisio#s i# a %isci!li#a(3 actio# a!! ala'l ? A : ,R: Iecisions are initially appealable to the department heads and then to the CSC. >PNs: Iecisions in a disciplinary action which8 1. e.onerate the respondent4 or 2. impose upon him the penalty of suspension for not more than 3D days or a fine in an amount not e.ceeding thirty days salary or reprimand are final and unappealable.
Not : /nly the respondent in the administrative disciplinary case( not the complainant( can appeal to the CSC from an adverse decision. 'he complainant in an administrative disciplinary case is only a witness( and as such( the latter cannot be considered as an aggrieved party entitled to appeal from an adverse decision. (7e!&e v. C#v#l 8erv#ce Co11#""#o!, G. R. No. 900+0, ,ec. 23, 1991)
P( si% #t. With this, h a!!li % "o( ( i#stat 2 #t to his "o(2 ( o""ic , o#l3 to ' ( i#stat % to th w(o#4 !ositio# o" a 2 ( class(oo2 t ach (. Ca# h ' ( i#stat % to his "o(2 ( o""ic ? E?!lai#.
Q. Is a!! al a6aila'l %isci!li#a(3 cas s?
i# a%2i#ist(ati6
A: It depends on the penalty imposed8 1. a. b. c. ppeal is available if the penalty is8 Iemotion Iismissal( or Suspension for more than 3D days or fine e3uivalent to more than 3D day salary (P.,. 8/+, 8ec.3+ p$r A$B). ppeal is not available if the penalty a. Suspension for not more than 3D days b. *ine not more than 3D day salary c. Censure d. Ceprimand e. dmonition
Not : In the second case( the decision becomes final and e.ecutory by e.press provision of law.
2. is8
Q: P titio# ( -+, a# El 2 #ta(3 School P(i#ci!al, was "o$#% 4$ilt3 to ha6 6iolat % R.A. 9M0@. His co#6ictio# was 'as % 2 ( l3 o# t ch#ical ((o( a#% "o( which h was 4(a#t % a'sol$t !a(%o# '3 th
A: s a general rule( the 3uestion of whether petitioner should be reappointed to his former position is a matter of discretion of the appointing authority( but under the circumstances of this case( if the petitioner had been unfairly deprived of what is rightfully his( the discretion is 3ualified by the re3uirements of giving 1ustice to the petitioner. It is no longer a matter of discretion on the part of the appointing power( but discretion tempered with fairness and 1ustice. 98$bello v. ,-C8, G.R. No. 8+68+, ,ec. 26 1 9 8 9 ) Q: Do s ? c$ti6 cl 2 #c3 ca((3 with it !a32 #t o" 'ac&wa4 s? A: Go. dismissed officer who has been granted e.ecutive clemency and who has been re0 employed is not entitled to bac)wages. "etter of Instruction $!& provides that employees who were not recommended for reinstatement but are 3ualified to reenter the government service are granted e.ecutive clemency for purpose of re0employment sub1ect to Civil Service Cules and if recommended by their respective department heads. Ce0employment is different from reinstatement. Ce0employment implies that one is hired anew( which does not carry with it payment of bac)wages. (-c6ec6e v. Court of 'ppe$l", G.R. No. 89860, =u!e 2+, 1991)
subordinates. (7cC$rt69 v". 'l&$!e"e, G.R. No. L19+10, 7$rc6 0, 1923) Q: What is th i22$#it3? 'asis "o( this
A: 'he immunity of public officers from liability for the non0feasances( negligence or omissions of duty of their official subordinates and even for the latter;s misfeasances or positive wrongs rests upon obvious considerations of public policy( the
i. I--UNIT* OF PU/LIC OFFICERS Q: What is I22$#it3? A: n e.emption that a person or entity en1oys from the normal operation of the law such as a legal duty or liability( either criminal or civil. Q: A( !$'lic o""ic (s i22$# lia'iliti s? "(o2
A: It is well settled as a general rule that public officers of the government( in the performance of their public functions( are not liable to third persons( either for the misfeasances or positive wrongs( or for the nonfeasances( negligences( or omissions of duty of their official
necessities of the public service and the perple.ities and embarrassments of a contrary doctrine. ('lberto ). Re9e", M#lfre&o :. ,o1o O!. $!& 5er1#!#o C. Pr#!c#p#o v" Rur$l :$!F of 8$! 7#.uel (:ul$c$!), *NC., G.R. No. 104499, 4eb. 2+, 2//4) Q: Wh # is a!!lica'l ? this %oct(i#
continuity. AOutl#!e o! Pol#t#c$l L$%, N$c6ur$, (2//6)B Q: What a( th "o(2al ( I$i( 2 #ts o" !$'lic o""ic (s? A : 1. Citizenship
A: 'his doctrine is applicable only whenever a public officer is in the performance of his public functions. /n the other hand( this doctrine does not apply whenever a public officer acts outside the scope of his public functions.
E. PU/LIC OFFICERS Q: What a( th !$'lic o""ic (? A: be8 classi"icatio#s o" a
public officer may 1. 2. 3. !. #. $. &. ,. Constitutional or statutory Gational or local "egislative( e.ecutive( or 1udicial "ucrative or honorary Iiscretionary or ministerial ppointive or elective Civil or military Ie 1ure or de facto l 2 #ts o" a !$'lic
Q: What a( th
o""ic ? A: 1. Created by law or by authority of law 2. Possess a delegation of a portion of the sovereign powers of government( to be e.ercised for the benefit of the public 3. Powers conferred and duties imposed must be defined( directly or impliedly( by the legislature or by legislative authority !. Iuties must be performed independently and without the control of a superior power other than the law( unless they be those of an inferior or subordinate office created or authorized by the legislature( and by it placed under the general control of a superior office or body4 and #. Aust have permanence of
2. 3. !. #. $. &. ,.
ge Cesidence %ducation Suffrage Civil service e.amination bility to read and write Political affiliation as a rule( it is not a 3ualification >PN: in Party0"ist( Aembership in the %lectoral 'ribunal( Commission on appointment
Q: Wh # %o s th (i4ht o" th !$'lic o""ic ( to #t ( i# o""ic ! (" ct %? A: 5pon his oath of office( it is deemed perfected. /nly when the public officer has satisfied this prere3uisite can his right to enter into the position be considered complete. 5ntil then( he has none at all( and for as long as he has not 3ualified( the holdover officer is the rightful occupant. (Lec$ro v. 8$!&#.$!b$9$!, G.R. No. 13/8+2, 7$r. 20, 1999) Q: What a( th 4(o$#%s "o( %isI$ali"icatio# to hol% o""ic ? A: 1. Aental or physical incapacity 2. Aisconduct or commission of a crime 3. Impeachment !. Cemoval or suspension from office #. Previous tenure of office $. Consecutive terms e.ceeding the allowable number of terms &. Folding more than one office 9e.cept e< off#c#o) ,. Celationship with the appointing power 9nepotism> +. /ffice newly created or the emoluments of which have been increased 9forbidden office> 1D. <eing an elective official 94lore" v ,r#lo!, G.R. No. 1/4+32, =u!e 22, 1993) 11. "osing candidate in the election within 1 year following the date of election 9prohibitions form office not employment>4 and 12. Lrounds provided for under the local government code. 0. e 2acto O""ic (s
Q: What is th co#c !t o" a de &ure o""ic (? A: &e Cure /fficer is one who is in all respects legally appointed or elected and 3ualified to e.ercise the office.
Q: Who is a de facto o""ic (? A: &e f$cto officer is one who assumed office under the color of a )nown appointment or election but which appointment or election is void for reasons that the officer was not eligible( or that there was want of power in the electing body( or that there was some other defect or irregularity in its e.ercise( wherein such ineligibility( want of power( or defect being un)nown to the public.
Not : &e f$cto officer is entitled to emoluments for actual services rendered( and he cannot be made to reimburse funds disbursed during his term of office because his acts are valid as those of a &e Cure officer.
facto o""ic (s?
Q: What a( th
l 2 #ts o" a de facto
o""ic (? A: 1. ?ithout a )nown appointment or election( but under such circumstances of reputation or ac3uiescence as were calculated to induce people( without in3uiry( to submit to or invo)e his action( supposing him to the be the officer he assumed to be4 or 2. 5nder color of a )nown and valid appointment or election( but where the officer has failed to conform to some precedent re3uirement or condition 9e.g.( ta)ing an oath or giving a bond>4 5nder color of a )nown election or appointment( void because8 a. 'he officer was not eligible b. 'here was a want of power in the electing or appointing body c. 'here was a defect or irregularity in its e.ercise4 such ineligibility( want of power( or defect being un)nown to the public 5nder color of an election or an appointment by or pursuant to a public( unconstitutional law( before the same is ad1udged to be such.
3.
!.
Not : Fere( what is unconstitutional is not the act creating the office( but the act by which the officer is appointed to an office legally e.isting. (Norto! v. Cou!t9 of 86elb9, 118 2.8. 420)
Q: What a(
th
"" cts o" th
acts o" de
ACADE-ICS CHAIR: "%S'%C K M " G %. *"/C%S II )ICE CHAIRS FOR ACADE-ICS: O C%G K/M ,. S <5L/ P K/FG F%GCM C. A%GI/Q ) HAIRS FOR A*=OUT AND D ESI,N : % C"8" /5I% A. A C M FOR AL D-INISTRATION AND FINANCE K % G%""% C.S"%% )ICE CHAIR 'F%%G C. A C'IG%Q
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A: 1. 'he lawful acts( so far as the rights of third persons are concerned are( if done within the scope and by the apparent authority of the office( considered valid and binding 'he &e f$cto officer cannot benefit from his own status because public policy demands that unlawful assumption of public office be discouraged
Not : 'he general rule is that a &e f$cto officer cannot claim salary and other compensations for services rendered by him as such. Fowever( the officer may retain salaries collected by him for services rendered in good faith when there is no &e Cure officer claiming the office.
2.
3.
'he &e f$cto officer is sub1ect to the same liabilities imposed on the &e Cure officer in the discharge of official duties( in addition to whatever special damages may be due from him because of his unlawful assumption of office
Q: How is a chall #4 to a de facto o""ic ( 2a% ? A: 1. 'he incumbency may not be challenged collaterally or in an action to which the &e f$cto officer is not a party 2. 'he challenge must be made in a direct proceeding where title to the office will be the principal issue 3. 'he authorized proceeding is 3uo %$rr$!to either by the Solicitor Leneral in the name of the Cepublic or by any person claiming title to the office Q: Di"" ( #tiat a de &ure o""ic ( "(o2 a de facto o""i c ( . A:
E 2A!TO OFFICER Fas possession and Fas lawful title performs the duties under to the office a colorable title without being technically 3ualified in all points law to act Folding of Folding of of office rests office on rests on reputation /fficer U SANT NI) E right R S Icannot T * O F /fficer O T may be ousted in a be O-AS direct proceeding against removed through a GP Fa cu l t a d d e D him er e cho C direct proceeding 93uo %$rr$!to> E J/'E OFFICER
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Q: What a( th %i"" ( #c s ' tw facto o""ic ( a#% a 2 ( $s$(! (? A:
# a de
he received. s a &e f$cto officer( he is entitled to the salaries and allowances because he rendered services during his incumbency. 3. 'he bills which < C' alone authored and were approved by the Fouse of Cepresentatives are valid because he was a &e f$cto officer during his incumbency. 'he acts of a &e f$cto officer are valid insofar as the public is concerned. 9People v. G$rc#$, G.R. No. 126202, 'u.. 3/, 1999) ?re$t#"e o! t6e L$% of Publ#c Off#ce" $!& Publ#c Off#cer", A189/B pp. 222223.) 2. < C' is not re3uired to refund to the government the salaries and allowances
E 2A!TO USURPER OFFICER 'a)es possession of an Complies with the ! office and does official elements of a &e Cure acts without any officer actual or apparent authority Fas color of right or Fas neither color of title to office right or title to office cts are rendered valid as to the public until his cts are absolutely void title is ad1udged insufficient %ntitled to Got entitled compensation for to compensation services rendered
Q: A)E (a# "o( Co#4( ss2a# o" QU !(o6i#c . How 6 (, his o!!o# #t, /ART, was th o# !(oclai2 % as th wi## ( '3 th CO-ELEC. A)E "il % s aso#a'l3 a !(ot st ' "o( HRET ;Ho$s o" R !( s #tati6 s El cto(al T(i'$#al<. A"t ( two 3 a(s, HRET ( 6 (s % th CO-ELECHs % cisio# a#% A)E was !(oclai2 % "i#all3 as th %$l3 l ct % Co#4( ss2a#. Th$s, h ha% o#l3 o# 3 a( to s (6 i# Co#4( ss. 0. Ca# A)E coll ct sala(i s a#% allowa#c s "(o2 th 4o6 (#2 #t "o( th "i(st two 3 a(s o" his t (2 as Co#4( ss2a#? Sho$l% /ART ( "$#% to th 4o6 (#2 #t th sala(i s a#% allowa#c s h ha% ( c i6 % as Co#4( ss2a#? What will ha!! # to th 'ills that /ART alo# a$tho( % a#% w ( a!!(o6 % '3 th Ho$s o" R !( s #tati6 s whil h was s at % as Co#4( ss2a#? R aso# a#% ?!lai# '(i "l3.
1.
9.
A : 1. 2% cannot collect salaries and allowances from the government for the first two years of his term( because in the meanwhile < C' collected the salaries and allowances. < C' was a &e f$cto officer while he was in possession of the office. 'o allow 2% to collect the salaries and allowances will result in ma)ing the government pay a second time. (7ec6e1, '
1. T (2i#atio# o" O""icial R latio# Q: What a( th 2o% s o" t (2i#ati#4 o""icial ( latio#shi!s? A: 1. %.piration of term or tenure 2. Ceaching the age limit for retirement 3. Cesignation !. Cecall #. Cemoval $. bandonment &. cceptance of an incompatible office ,. bolition of office +. Prescription of the right to office 1D. Impeachment 11. Ieath 12. *ailure to assume office 13. Conviction of a crime 1!. *iling for a certificate of candidacy Q. What is th t (2 o" o""ic o" a# l ct % local o""icial? A: 'hree 93> years starting from noon of Kune 3D following the election or such date as may be provided by law( e.cept that of elective barangay officials( for ma.imum of 3 consecutive terms in same position 9Section !3( "LC>. 'he term of office of <arangay and Sangguniang Oabataan elective officials( by virtue of C. . Go. +1$!( is three 93> years. Q: What is th t (2 li2it o" /a(a#4a3 o""icials? A: 'he term of office of barangay officials was fi.ed at three years under C. . Go. +1$! 91+ Aarch 2DD2>. *urther( Sec.!3 9b> provides that Hno local elective official shall serve for more than three 93> consecutive terms in the same position. 'he Court interpreted this section referring to all local elective officials without e.clusions or
e.ceptions. (CO7-L-C v. Cru , G.R. No. 186616, 19 Nov. 2//9) Q: What a( th !olici s 2'o%i % i# th co#stit$tio#al !(o6isio# 'a((i#4 l cti6 local o""icials, with th ?c !tio# o" 'a(a#4a3 o""icials, "(o2 s (6i#4 2o( tha# th( co#s c$ti6 t (2s? A: 'o prevent the establishment of political dynasties is not the only policy embodied in the constitutional provision in 3uestion 9barring elective local officials( with the e.ception of barangay officials( from serving more than three consecutive terms>. 'he other policy is that of enhancing the freedom of choice of the people. 'o consider( therefore( only stay in office regardless of how the official concerned came to that office whether by election or by succession by operation of law - would be to disregard one of the purposes of the constitutional provision in 3uestion. (:orC$, =r. v. CO7-L-C, G.R. No. 133490, 8ept. 3, 1998) Q: U#% ( S ctio# Co#stit$tio#, CTh t local o""icials shall s$ch o""icial shall th( co#s c$ti6 t li2it "o( l cti6 i#t (!( t %? A, A(ticl > o" th (2 o" o""ic o" l cti6 ' th( 3 a(s a#% #o s (6 "o( 2o( tha# (2s.C How is this t (2 local o""icials to '
term is one 6for which he was elected.7 Since is only completing the service of the term for which the deceased and not he was elected(
A: 'he term limit for elective local officials must be ta)en to refer to the r#.6t to be electe& as well as t6e r#.6t to "erve #! t6e "$1e elect#ve po"#t#o!. Conse3uently( it is not enough that an individual has served three consecutive terms in an elective local office( he must also have been electe& to the same position for the same number of times before the dis3ualification can apply. (:orC$, =r. v. CO7-L-C, G.R. No. 133490, 8ept. 3, 1998) Q. S$!!os A is a 6ic =2a3o( who ' co2 s 2a3o( '3 ( aso# o" th % ath o" th i#c$2' #t. Si? 2o#ths ' "o( th # ?t l ctio#, h ( si4#s a#% is twic l ct % th ( a"t (. Ca# h ($# a4ai# "o( 2a3o( i# th # ?t l ctio#? A: Mes( because although he has already first served as mayor by succession and subse3uently resigned from office before the full term e.pired( he has not actually served three full terms in all for the purpose of applying the term limit. 5nder rt. J( Sec. ,( voluntary renunciation of the office is not considered as an interruption in the continuity of his service for the full term only if the
cannot be considered to have completed one term. Fis resignation constitutes an interruption of the full term. Q: S$!!os / is l ct % -a3o( a#%, %$(i#4 his "i(st t (2, h is twic s$s! #% % "o( 2isco#%$ct "o( a total o" 0 3 a(. I" h is twic ( l ct % a"t ( that, ca# h ($# "o( o# 2o( t (2 i# th # ?t l ctio#? A: Mes( because he has served only two full terms successively. In both cases( the mayor is entitled to run for re0 election because the two conditions for the application of the dis3ualification provisions have not concurred( namely( 91> that the local official concerned has been elected three consecutive times and 92> that he has fully served three consecutive terms. In the first case( even if the local official is considered to have served three full terms notwithstanding his resignation before the end of the first term( the fact remains that he has not been elected three times. In the second case( the local official has been elected three consecutive times( but he has not fully "erve& three consecutive terms. (:orC$, =r. ). CO7-L-C, G.R. No. 133490 8epte1ber 3, 1998) Q: Th cas o" )ic -a3o( C who ' co2 s 2a3o( '3 s$cc ssio# i#6ol6 s a total "ail$( o" th two co#%itio#s to co#c$( "o( th !$(!os o" a!!l3i#4 A(t. >, S c. A. S$!!os h is twic l ct % a"t ( that t (2, is h I$ali"i % to ($# a4ai# i# th # ?t l ctio#? A: Mes( because he was not elected to the office of mayor in the first term but simply found himself thrust into it by operation of law. Geither had he served the full term because he only continued the service( interrupted by the death( of the deceased mayor. (:orC$, =r. v. CO7-L-C, G.R. No. 133490, 8ept. 3, 1998) Q: > occ$!i % th !ositio# o" 2a3o( o" -a'alacat "o( th "ollowi#4 ! (io%s: 0 +$l3 0@@: to 9M +$# 0@@A, 0 +$l3 0@@A to 9M +$# 1MM0, 0 +$l3 1MM0 to 9M +$# 1MMB, a#% 0 +$l3 1MMB to 07 -a3 1MM8. How 6 (, th SC ($l % i# a !( 6io$s cas that > was #ot th %$l3 l ct % 2a3o( "o( th 1MMB=1MM8 t (2. E6 #t$all3, > also wo# th l ctio#s a#% ass$2 % th 2a3o(alt3 !ositio#
"o( th 1MM8=1M0M t (2. * "il % a ! titio# to %isI$ali"3 > as 2a3o( o# th 4(o$#% that >Hs ass$2!tio# o" th 2a3o(alt3 !ositio# o# 0 +$l3 1MM8 2a& s th 1MM8=1M0M t (2 his "i"th t (2 i# o""ic , which 6iolat s th th( = t (2 li2it ($l . Is * co(( ct?
2//9) A: Go. *or purposes of determining the resulting dis3ualification brought about by the three0term limit( it is not enough that an individual has served three consecutive terms in an elective local office( he must also have been elected to the same position for the same number of times. 'here should be a concurrence of two conditions for the application of the dis3ualification8 91> that the official concerned has been elected for three consecutive terms in the same local government post and 92> that he has fully served three consecutive terms. J cannot be deemed to have served the full term of 2DD!02DD& because he was ordered to vacate his post before the e.piration of the term. J;s occupancy of the position of mayor of Aabalacat from 1 Kuly 2DD! to 1$ Aay 2DD& cannot be counted as a term for purposes of computing the three0term limit. Indeed( the period from 1& Aay 2DD& to 3D Kune 2DD& served as a gap for purposes of the three0term limit rule. 'hus( the present 1 Kuly 2DD& to 3D Kune 2D1D term is effectively J;s first term for purposes of the three0 term limit rule. (,# o! v. CO7-L-C G.R. No. 182/88, =$!. 3/, 2//9) Q: N/, a# l ct % P$#o#4 /a(a#4a3, (a# "o( -$#ici!al Co$#cilo( whil s (6i#4 his last t (2 as th P/. H wo# a#% lat ( ass$2 % o""ic a#% s (6 % th "$ll t (2 o" th Sa#44$#ia# /a3a#. A"t ( s (6i#4 his t (2 as -$#ici!al Co$#cilo(, h "il % his C (ti"icat o" Ca#%i%ac3 "o( P/. His o!!o# #t "il % a P titio# "o( DisI$ali"icatio# o# th 4(o$#% th h ha% al( a%3 s (6 % th th( = t (2 li2it. Do s th ass$2!tio# o" o""ic o" N/ as -$#ici!al Co$#cilo( co#si% ( % as a 6ol$#ta(3 ( #$#ciatio# o" th O""ic o" P/ so that h is % 2 % to ha6 "$ll3 s (6 % his thi(% t (2 as P/ wa((a#ti#4 his %isI$ali"icatio# "(o2 ($##i#4 "o( th !ositio# o" P/? A: Mes. G< was serving his third term as P< when he ran for S< member and( upon winning( assumed the position of S< member( thus( voluntarily relin3uishing his office as P< which the Court deems a voluntary renunciation of said office. 5nder Sec., of rt J of the Constitution( voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. (:olo" v CO7-L-C, G.R. No. 184/82, 7$r. 1+,
Q: WA was l ct % Cit3 Co$#cilo( "o( th( co#s c$ti6 t (2s. D$(i#4 his last t (2, th Sa#%i4a#'a3a# !( 6 #ti6 l3 s$s! #% % hi2 "o(
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@M %a3s i# ( latio# with a c(i2i#al cas h th # "ac %. Th Co$(t, how 6 (, s$'s I$ #tl3 li"t % th s$s! #sio# o(% (R h #c h ( s$2 % ! ("o(2i#4 his "$#ctio#s a#% "i#ish % his t (2. H "il % his C (ti"icat o" Ca#%i%ac3 "o( th sa2 !ositio#. SA so$4ht to % #3 %$ co$(s to WANs COC o# th 4(o$#% that h ha% ' # l ct % a#% h s (6 % "o( th( t (2s. Do s !( 6 #ti6 s$s! #sio# o" a# l ct % local o""icial a# i#t (($!tio# o" th th( =t (2 li2it ($l ? A: Go. 'he intent of the three0term limit rule demands that preventive suspension should not be considered an interruption that allows an elective officialRs stay in office beyond three terms. preventive suspension cannot simply be a term interruption because the suspended official continues to stay in the office although he is barred from e.ercising his functions and prerogatives of the office within the suspension period. 'he best indicator of the suspended officialRs continuity in office is the absence of a permanent replacement and the lac) of authority to appoint one since no vacancy e.ists. 9'l&ov#!o v. CO7-L-C, G.R. No. 184836, ,ec. 23, 2//9) Q: What is ( si4#atio#? A: It is the act of giving up or declining a public office and renouncing the further right to use such office. It must be in writing and accepted by the accepting authority as provided for by law. Q: What is th a4 li2it "o( ( ti( 2 #t? A: 1. 2. 3. *or members of the 1udiciary - &D y.o. LovRt officers and employees - $# y.o. /ptional retirement must have rendered at least 2D service years th acc !ti#4 a$tho(iti s "o(
Q: Who a( ( si4#atio#? A: 1.
*or $ppo#!te& officers the tender of resignation must be given to the appointing authority. *or electe& officers( tender to officer authorized by law to call an election to fill the vacancy. 'he following authorized officers are8 a. Re"pect#ve c6$1ber" *or members of Congress4 b. Pre"#&e!t - *or governors( vice0 governors( mayors and vice0 mayors of highly urbanized cities
2.
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c.
d. *or e.
and independent component cities4 Prov#!c#$l .over!or - *or municipal mayors and vice0 mayors( city mayors and vice0mayors of component cities4 8$!..u!#$! co!cer!e& sanggunian members4 Aunicipal@city mayors *or barangay officials. co$(t s3 -
terminating his possession and control thereof. (Mor&" $!& P6r$"e", )ol. 1, p. 12+, c#t#!. :o$r& of Co1Pr" of ,e$rbo! Cou!t9 v ,roe.e, *!&. 'pp., 66 N.-. 2& 134, 138)
Q: What is ( si4#atio#?
A: It cannot properly be interpreted as resignation in the legal sense for it is not necessarily a reflection of a public officialRs intention to surrender his position. Cather( it manifests his submission to the will of the political authority and the appointing power. (Ort# ). CO7-L-C, G.R. No. +890+ =u!e 28, 1988) Q: What ( 2o6al? is
A: *orcible and permanent separation of the incumbent from office before the e.piration of the public officerRs term. (4er#$, =r.. v. 7#"o!, G.R. No. 8196, 'u.u"t 8, 1989) Q: What ( call? is
A: It is an electoral mode of removal employed directly by the people themselves through the e.ercise of their right of suffrage. It is a political 3uestion not sub1ect to 1udicial review. It is a political 3uestion that has to be decided by the people in their sovereign capacity. (-v$r&o!e v. CO7-L-C, G.R. No. 94/1/, ,ec. 2, 1991) Q: What a( th li2itatio#s o# ( call? A: 1. n elective official can be sub1ected to recall only once 2. Go recall shall ta)e place within one 91> year from the assumption of office or one year immediately preceding a regular local election. (8ect#o! +4 (b) of Republ#c 'ct No. +16/) Q: What a'a#%o#2 #t? is
A: It is the voluntary relin3uishment of an office by the holder with the intention of
Q: Do s th acc !ta#c o" a# i#co2!ati'l o""ic ! (tai# to its !h3sical i2!ossi'ilit3 o( its #at$( ? A: It refers to the nature and relation of the two offices to each other( they should not be held by one person from the contrariety and antagonism which would result in the attempt by one person to faithfully and impartially discharge the duties of one( toward the incumbent of the other. (?re$t#"e o! t6e L$% of Publ#c Off#ce" $!& Off#cer", 7ec6e1,189/ e&#t#o!) Q: Do s th acc !ta#c o" a# i#co2!ati'l o""ic i!so "acto 6acat th oth (? A: ,R: Mes. >PN: ?here such acceptance is authorized by law. Q: What a( th ( I$isit s "o( a 6ali% a'olitio# o" o""ic ? A : 1. 2. 3. !. Aust be made in good faith4 Clear intent to do away with the office4 Aust not be for personal or political reasons4 and Aust not be contrary to law.
Q: Will th 4(a#t o" !l #a(3 !a(%o# ( sto( th !$'lic o""ic to th o""ic ( co#6ict %? A: Go. lthough a plenary pardon e.tinguishes the accessory penalty of dis3ualification( she is not entitled to an automatic reinstatement on the
Q: What is th !( sc(i!ti6 ! (io% "o( ! titio#s "o( ( i#stat 2 #t o( ( co6 (3 o" !$'lic o""ic ? A: It must be instituted within one 91> year from the date of unlawful removal from the office. Such period may be e.tended on grounds of e3uity. Q: What is th ! (io% !(o6i% % to ta& th oath o" o""ic to a6oi% "ail$( to ass$2 o""ic ? A: *ailure to ta)e the oath of office within si. 9$> months from proclamation of election shall cause the vacancy of the office unless such failure is for a cause beyond his control. (8ec. 11 :.P. 881) Q: Wh # %o s co#6ictio# '3 "i#al E$%42 #t a$to2aticall3 t (2i#at o""icial ( latio#shi!? A: ?hen the penalty imposed carries with it the accessory penalty of dis3ualification.
basis of the absolute pardon granted to her but must secure an appointment to her former position and that( notwithstanding said absolute pardon( she is liable for the civil liability concomitant to her previous conviction. (7o!"$!to v. 4$ctor$!, =r. G.R. No. +8239 4ebru$r9 9, 1989)
Q: What t st is a!!li % to % t (2i# wh th ( a !a(tic$la( !ositio# is hi4hl3 co#"i% #tial?
&. THE CI)IL SER)ICE Q: What is th sco! o" ci6il s (6ic ? A: 'he civil service embraces all branches( subdivisions( instrumentalities( and agencies of the government including L/CCs with original charters. Q: How a( a!!oi#t2 #ts to ci6il s (6ic 2a% ? A: 1. Co1pet#t#ve po"#t#o!" according to merit and fitness to be determined by competitive e.aminations( as far as practicable. 2. No!co1pet#t#ve po"#t#o!" - no need for competitive e.aminations. It has 3 )inds8 a. Pol#c9&eter1#!#!. - tas)ed to formulate a method of action for the government or any of its subdivisions. b. Pr#1$r#l9 co!f#&e!t#$l @ duties are not merely clerical but devolve upon the head of an office( which( by reason of his numerous duties( delegates his duties to others( the performance of which re3uires s)ill( 1udgment( trust and confidence. c. 5#.6l9 tec6!#c$l re3uires technical s)ill or training in the highest degree
Not : 'he test to determine whether the position is non0competitive is the nature of the responsibilities( not the description given to it. 'he Constitution does not e.empt the above0 given positions from the operation of the principle that 6no officer or employee of the civil service shall be removed or suspended e.cept for cause provided by law.7
A: Pro.imity rule. 'he occupant of a particular position could be considered a confidential employee if the predominant reason why he was chosen by the appointing authority was the latter;s belief that he can share a close intimate relationship with the occupant which ensures freedom of discussion without fear of embarrassment or misgivings of possible betrayals of personal trust and confidential matters of State. 9,e lo" 8$!to" v. 7$ll$re, G.R. No. L 3881, 'u.. 31, 190/> Q: What is th #at$( o" a# a!!oi#t2 #t? A: ppointment is an essentially discretionary power and must be performed by the officer in which it is vested according to his best lights( the only condition being that the appointee should possess the 3ualifications re3uired by law. If he does( then the appointment cannot be faulted on the ground that there are others better 3ualified who should have been preferred. 'his is a political 3uestion involving considerations of wisdom which only the appointing authority can decide. (Lue.o v. C8C, G.R. No. L6913+, 'u.. 0, 1986) Q: What cha(act (i5 s th what a( i#cl$% % th ( i#? ca( ( s (6ic a#%
A: ccording to Sec. &( Chapter 2( 'itle 1( <oo) 2 of the dministrative Code of 1+,&( the career service is characterized by8 1. %ntrance based on merit and fitness to be determined as far as practicable by competitive e.amination or based on highly technical 3ualification4 2. /pportunity for advancement to higher career position4 and 3. Security of tenure. 'he career service includes8 1. /pen career position for appointment to which prior 3ualification in an appropriate e.amination is re3uired4 2. Closed career positions which are scientific or highly technical in nature4 3. Positions in the career e.ecutive service4 !. Career officers other than those in the career e.ecutive service( who are appointed by the President4 #. Commissioned officers and enlisted men of the rmed *orces4 $. Personnel of L/CCs( whether performing governmental or
&.
proprietary functions( who do not fall under the non0career service4 and Permanent laborers( whether s)illed( semi0s)illed( or uns)illed. a!!oi#t % i# th ci6il
Q: What is l 4al ca$s ?
Q: Who 2a3 ' s (6ic ?
A: ?hoever fulfills all the 3ualifications prescribed by law for a particular position may be appointed therein.
Not : 'he CSC cannot disapprove an appointment 1ust because another person is better 3ualified( as long as the appointee is himself 3ualified. It cannot add 3ualifications other than those provided by law. (Corte v. C8C, G.R. No. 926+3 7$rc6 13, 1991)
Q: What is %o s th s c$(it3 o" t #$( o" o""ic (s o( 2!lo3 s o" th ci6il s (6ic 4$a(a#t ? A: /fficers or employees of the Civil Service cannot be removed or suspended e.cept for cause provided by law. It guarantees both procedural and substantive due process. (8ec. 32, R.'. 226/) Q: What cha(act (i5 s s c$(it3 o" t #$( ? A: It is the nature of the appointment that characterizes security of tenure and not the nature of one;s duties or functions. ?here the appointment is permanent( it is protected by the security of tenure provision. <ut if it is temporary or in an acting capacity( which can be terminated at any time( the officer cannot invo)e the security of tenure.
Not : 'he holder of a temporary appointment cannot claim a vested right to the station to which assigned( nor to security of tenure thereat. 'hus( he may be reassigned to any place or station. (?eot#co v. '.&$, G.R. No. 8+43+, 7$9 29, 1991)
Q: Wh # %o s s c$(it3 o" t #$( attach s? A: It attaches once an appointment is issued and the moment the appointee assumes a position in the civil service under a completed appointment( he ac3uires a legal( not merely e3uitable( right 9to the position> which is protected not only by statute( but also by the constitution( and cannot be ta)en away from him either by revocation of the appointment( or by removal( e.cept for cause( and with previous notice and hearing. ('3u#!o v. C8C, G.R. No. 924/3 'pr#l 22, 1992)
A: It is a cause related to and affects the administration of office and must be substantial 0 directly affects the rights and interests of the public. Q: Disc$ss th "o( #o#= co2! titi6 !ositio#s. A : 1. Pr#1$r#l9 co!f#&e!t#$l officers and employees hold office only for so long as confidence in them remains. If there is genuine loss of confidence( there is no removal( but merely the e.piration of the term of office. No!c$reer service officers and employees do not en1oy security of tenure. Pol#t#c$l $ppo#!tee" in the foreign service possess tenure coterminous with that of the appointing authority or sub1ect to his pleasure. s c$(it3 o" t #$(
A: 'he courts may determine the proper classification of a position in government. strict reading of the law 9%/ 2+2> reveals that primarily confidential positions fall under the non0career service. It is also clear that( unli)e career positions( primarily confidential and other non0
2. 3.
Not : /ne must be validly appointed to en1oy security of tenure. 'hus( one who is not appointed by the proper appointing authority does not ac3uire security of tenure.
Q: +a6i ( was "i(st 2!lo3 % as !(i6at s c( ta(3 i# th ,SIS i# 0@7M o# a Fco#"i% #tialG stat$s. I# 0@71 +a6i ( was !(o2ot % to Ta'$lati#4 EI$i!2 #t O! (ato( with F! (2a# #tG stat$s. I# 0@A7, sh was a!!oi#t % co(!o(at s c( ta(3 o" th /oa(% o" T($st s ;/OT< o" th co(!o(atio#. I# 1MM0, sh o!t % "o( a(l3 ( ti( 2 #t. I# 1MM1, +a6i (, who was 7B 3 a(s ol% at th ti2 , was ( a!!oi#t % '3 ,SIS P( si% #t ;with a!!(o6al o" /OT< as co(!o(at s c( ta(3. Th /OT classi"i % h ( a!!oi#t2 #t as Fco#"i% #tial i# #at$( a#% th t #$( o" o""ic is at th !l as$( o" th /oa(%.G O# Octo' ( 0M, 1MM1, CSC iss$ % a ( sol$tio# i#6ali%ati#4 th ( a!!oi#t2 #t o" +a6i ( as co(!o(at s c( ta(3, o# th 4(o$#% that th !ositio# is a ! (2a# #t, ca( ( !ositio# a#% #ot !(i2a(il3 co#"i% #tial. -a3 th co$(ts % t (2i# th !(o! ( classi"icatio# o" a !ositio# i# 4o6 (#2 #t? Is th !ositio# o" co(!o(at s c( ta(3 i# a ,OCC !(i2a(il3 co#"i% #tial i# #at$( ?
career positions do not have security of tenure. 'he tenure of a confidential employee is co0 terminous with that of the appointing authority( or is at the latterRs pleasure. Fowever( the confidential employee may be appointed or remain in the position even beyond the compulsory retirement age of $# years. Kurisprudence establishes that the Court is not bound by the classification of positions in the civil service made by the legislative or e.ecutive branches( or even by a constitutional body li)e the CSC. 'he Court is e.pected to ma)e its own determination as to the nature of a particular position( such as whether it is a primarily confidential position or not( without being bound by prior classifications made by other bodies. In fine( a primarily confidential position is characterized by the clo"e pro<#1#t9 of the positions of the appointer and appointee as well as the high degree of trust and confidence inherent in their relationship. In the light of the instant controversy( the CourtRs view is that the greater public interest is served if the position of a corporate secretary is classified as primarily confidential in nature. 9C8C v. =$v#er, G.R. No. 1+3264, 4eb. 22, 2//8) Q: Wh # %o s ( o(4a#i5atio# o( a'olitio# o" o""ic ta& s !lac ? A: Ceorganization ta)es place when there is an alteration of the e.isting structure of government officers or units therein( including the lines of control( authority and responsibility between them. It involves a reduction of personnel( consolidation of offices( or abolition thereof by reason of economy or redundancy of functions. 9C$!o!# $&o v. '.u#rre, G. R. No. 133132. =$!u$r9 20, 2///) Q: What a( th ( I$isit s "o( a 6ali% a'olitio# o" o""ic ? A : 1. In good faith4 9good faith is presumed> 2. Got for political or personal reasons4 and 3. Got in violation of law. ('&1#!#"tr$t#ve L$%, L$% o! Publ#c Off#cer" $!& -lect#o! L$%, '.p$lo, 2//6)
Not : 'he Congress has the right to abolish an office even during the term for which an e.isting incumbent may have been elected %JC%P' when restrained by the Constitution.
Q: Th Ci6il S (6ic Co22issio# !ass % a R sol$tio# a'olishi#4 th Ca( ( E? c$ti6 S (6ic /oa(% ;CES/<. Is th ( sol$tio# 6ali%? A: Go. 'he C%S< was created by law (P.,. No. 1>4 it can only be abolished by the legislature. 'his follows an unbro)en stream of rulings that the creation and abolition of public offices is primarily a legislative function. (-u.e!#o v. C#v#l 8erv#ce Co11#""#o!, et $l., G.R. No. 110863, 7$r. 31, 1990) Q: What ($l s a!!l3 to t 2!o(a(3 2!lo3 A: 1. 2. Got protected by security of tenure0 can be removed anytime even without cause. If they are separated( this is considered an e.piration of term. <ut( they can only be removed by the one who appointed them. %ntitled to such protection as may be provided by law. (8ec. 2A6B, 'rt. *(:, 198+ Co!"t#tut#o!) s?
3.
Not : Go officer or employee in the civil service shall engage in any electioneering or in partisan political activity. Fowever( they are allowed to e.press views on political issues( and to mention the names of the candidates whom he supports. 98ec. 2A4B, 'rt. *(:, 198+ Co!"t#tut#o!) 'he prohibition secretaries. does not apply to department
Q: Do 2!lo3 s o" th th (i4ht to o(4a#i5 ?
ci6il s (6ic
ha6
A: Mes( but 'he right to self0organize accorded to government employees shall not carry with it the right to engage in any form of prohibited concerted activity or mass action causing or intending to cause wor) stoppage or service disruption( albeit of temporary nature. (8ec. 4, C8C Re"olut#o! No. /21316, 2//2) Q: What a( th %isI$ali"icatio#s attach % to th ci6il s (6ic 2!lo3 s o( o""icials? A: 1. "osing candidate in any election a. cannot be appointed to any office in the government or L/CCs or their subsidiaries b. period of dis3ualification8 1 year after such election %lective officials8
2.
,R: not eligible for appointment or designation in any capacity to any public office or position during their tenure. >PN: Aay hold e< off#c#o positions. -... 'he 2ice President may be appointed as a Cabinet member 3. ppointive officials8 ,R8 cannot hold any other office or agency( instrumentality( including L/CCs and their subsidiaries >PN: unless otherwise allowed by law( or by the primary functions of his position.
'hey cannot accept any present( emolument( office( title of any )ind from foreign governments without the consent of Congress Pensions and gratuities are not considered as additional( double( or indirect compensation. (8ec. + 8, 'rt. *(:, 198+ Co!"t#tut#o!)
l. ACCOUNTA/ILIT* OF PU/LIC OFFICERS 0. I2! ach2 #t Q: What i2! ach2 #t? is
Not : 'he e.ception does not apply to Cabinet members( and those officers mentioned in rt. 2II( Sec. 13. 'hey are governed by the stricter prohibitions contained therein. In ascertaining the legal 3ualifications of a particular appointee to a public office( 6there must be a law providing for the 3ualifications of a person to be nominated or appointed7 therein. 'he 3ualification to hold public office may refer to educational attainment( civil service eligibility or e.perience. /ne who is under the one year prohibition imposed on losing candidates is dis3ualified from being appointed during that one year period even if he has the other 3ualifications. 9People v. 8$!&#.$!b$9$!, G.R. No. 164180, =ul9 23, 2//8)
A: It is a method by which persons holding government positions of high authority( prestige( and dignity and with definite tenure may be removed from office for causes closely related to their conduct as public officials.
Not : It is a national in3uest into the conduct of public men. (Outl#!e o! Pol#t#c$l L$%, N$c6ur$, 2//6)
Q: Who a( th i2! acha'l o""ic (s? A: 1. President 2. 2ice0President 3. Aembers of the Supreme Court !. Aembers of the Constitutional Commissions #. /mbudsman
Not : 'he enumeration is e.clusive. (8ec. 2, 'rt. (*, 198+ Co!"t#tut#o!)
Q: What a( th !(ohi'itio#s attach % to l cti6 a#% a!!oi#ti6 o""icials i# t (2s o" co2! #satio#? A : ,R: 'hey cannot receive8 1. '&&#t#o!$l co1pe!"$t#o! an e.tra reward given for the same office e.g. bonus 2. ,ouble co1pe!"$t#o! - when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer. 3. *!&#rect co1pe!"$t#o! >PN: 5nless specifically authorized by law.
Not : Specifically authorized means a specific authority particularly directed to the officer or employee concerned. <ut per diems and allowances given as reimbursement for e.penses actually incurred are not prohibited.
Q: What a( th 4(o$#%s "o( i2! ach2 #t? A: 1. Culp$ble v#ol$t#o! of t6e 2. ?re$"o! 3. :r#ber9 !. Ot6er 6#.6 cr#1e" 0. :etr$9$l of publ#c tru"t (8ec. 2, 'rt. (*, 198+ Co!"t#tut#o!) Q: What is C$l!a'l )iolatio# o" th Co#stit$tio#? A: Culpable violation of the Constitution is wrongful( intentional or willful disregard or flouting of the fundamental law. /bviously( the act must
be deliberate and motivated by bad faith to constitute a ground for impeachment. Aere mista)es in the proper construction of the Constitution( on which students of law may sincerely differ( cannot be considered a valid ground for impeachment. (Cru , *"$.$!#. P6#l#pp#!e Pol#t#c$l L$%) Q: What is / t(a3al o" P$'lic T($st?
A: 'he 1+,& Constitution has added 6betrayal of public trust(7 which means any form of violation of the oath of office even if such violation may not be criminally punishable offense. (:er!$", :er!$" Pr#1er, 2//6 e&.) 2. 'his is a catch0all to cover all manner of offenses unbecoming a public functionary but not punishable by the criminal statutes( li)e 6ine.cusable negligence of duty( tyrannical abuse of authority( breach of official duty by malfeasance or misfeasance( cronyism( favoritism( obstruction of 1ustice. (Cru , *"$.$!#. P6#l#pp#!e Pol#t#c$l L$%) Q: What a( th st !s i# th i2! ach2 #t !(oc ss? A : 1. a. *!#t#$t#!. #1pe$c61e!t c$"e 2erified complaint filed by any member of the Fouse of Cepresentatives or any citizen upon resolution of endorsement by any member thereof. Included in the order of business within 1D session days. Ceferred to the proper committee within 3 session days from its inclusion. 'he committee( after hearing( and by ma1ority vote of all its members( shall submit its report to the Fouse of Cepresentatives together with the corresponding resolution. Placing on calendar the Committee resolution within 1D days from submission4 Iiscussion on the floor of report4
Not : If the verified complaint is filed by at least 1@3 of all its members of the Fouse of Cepresentatives( the same shall constitute the rticles of Impeachment( and trial by the Senate shall forthwith proceed. (8ec. 3 (4)'rt. (*, 198+ Co!"t#tut#o!)
(23), 'rt. (*. 198+ Co! "t#tu t#o!) ?r#$l $!& ,ec#"#o! #! #1pe$c61e!t procee&#!."
b. c. d.
e. f. the
g.
vote of at least 1@3 of all the members of the Fouse of Cepresentatives shall be necessary either to affirm a favorable resolution with the rticles of Impeachment of the committee or override its contrary resolution. (8ec. 3
a. b.
c.
'he Senators ta)e an oath or affirmation ?hen the President of the Philippines is on trial( the Chief Kustice of the SC shall preside but shall not vote. decision of conviction must be concurred in by at least 2@3 of all the members of Senate.
Not 8 'he Senate has the sole power to try and decide all cases of impeachment. (8ec. 3(6), 'rt. (*, 198+ Co!"t#tut#o!)
Q: Wh # is a# i2! ach2 #t %
2 % i#itiat %?
A: 'he proceeding is initiated or begins( when a verified complaint is filed and referred to the Committee on Kustice for action. 'his is the initiating step which triggers the series of step that follow. 'he term 6to initiate7 refers to the filing of the impeachment complaint coupled with Congress; ta)ing initial action of said complaint. (4r$!c#"co v. 5ou"e of Rep., G.R. No. 16/261, Nove1ber 1/, 2//3) Q: What is th sal$ta(3 ( aso# o" co#"i#i#4 o#l3 o# i2! ach2 #t !(oc %i#4 i# a 3 a(? A: Kustice zcuna stated that the purpose of the one0 year bar is two0fold8 1. 'o prevent undue or too fre3uent harassment 2. 'o allow the legislature to do its principal tas) of legislation. (4r$!c#"co v. 5ou"e of Rep., G.R. No. 16/261, Nov. 1/, 2//3) 'he consideration behind the intended limitation refers to the element of time( and not the number of complaints. 'he impeachable officer should defend himself in only one impeachment proceeding( so that he will not be precluded from performing his official functions and duties. Similarly( Congress should run only one impeachment proceeding so as not to leave it with little time to attend to its main wor) of law0 ma)ing. 'he doctrine laid down in 4r$!c#"co that initiation means filing and referral remains congruent to the rationale of the constitutional provision. (Gut#erre v. ?6e 5ou"e of Repre"e!t$t#ve" Co11#ttee o! =u"t#ce, G.R. No. 193409, 4eb. 10, 2/11) Q: What a( i2! ach2 #t? th "" cts o" co#6ictio# i#
A : 1. 2. 3. Cemoval from office Iis3ualification to hold any other office under the Cepublic of the Philippines Party convicted shall be liable and sub1ect to prosecution( trial and punishment according to law. (8ec. 3 (+). 'rt. (*, 198+ Co!"t#tut#o!)
without being impeached. (=$r3ue v. ,e"#erto, 20/ 8CR' 11, 1990)
1. O2'$%s2a# Q: What is O2'$%s2a#? th "$#ctio# o" a#
Q: What a( th li2itatio#s i2!os % '3 th Co#stit$tio# $!o# th i#itiatio# o" i2! ach2 #t !(oc %i#4s? A : 1. 'he Fouse of Cepresentatives shall have the e.clusive power to initiate all cases of impeachment. 2. Got more than one impeachment proceeding shall be initiated against the same official within a period of one year.
Not : n impeachment case is the legal controversy that must be decided by the Senate while an impeachment proceeding is one that is initiated in the Fouse of Cepresentatives. *or purposes of applying the one year ban rule( the proceeding is initiated or begins when a verified complaint is filed and referred to the Committee on Kustice for action. (4r$!c#"co v. 5ou"e of Repre"e!t$t#ve", et. $l., G.R. No. 16/261, Nov. 1/, 2//3) 'he power to impeach is essentially a non0 legislative prerogative and can be e.ercised by Congress only within the limits of the authority conferred upon it by the Constitution. (4r$!c#"co v. 5ou"e of Repre"e!t$t#ve", et. $l., G.R. No. 16/261, Nov. 1/, 2//3 )
Q: Ca# A S$!( 2 Co$(t +$stic ' cha(4 % i# a c(i2i#al cas o( %is'a(2 #t !(oc %i#4 i#st a% o" a# i2! ach2 #t !(oc %i#4? A: Go( because the ultimate effect of either is to remove him from office( and thus circumvent the provision on removal by impeachment thus violating his security of tenure. (*! ReJ 4#r"t *!&or"e1e!t fro1 5o!. R$ul Go! $le , '.7. No. 8840433, 'pr#l 10, 1988) n impeachable officer who is a member of the Philippine bar cannot be disbarred first
A: Fe is tas)ed to entertain complaints addressed to him against erring public officers and ta)e all necessary actions thereon.
Not : 'he powers of the /mbudsman are not merely recommendatory. Fis office was given teeth to render this constitutional body not merely functional but also effective. 5nder C. . Go. $&&D and the 1+,& Constitution( the /mbudsman has the constitutional power to directly remove from government service an erring public official other than a member of Congress and the Kudiciary. (-"t$r#C$ v. R$!$&$, G.R No. 109314, =u!e 26, 2//6).
Q: What is th o" th O2'$%s2a #?
sco!
o" th
!ow (s
A: /ver the years the scope of the powers of the /mbudsman under Section 12 has been clarified thus settling various disputed issues8 1. 'he ombudsman can investigate only officers of government owned
Q: Do s th
O2'$%s2a#
#Eo3 "iscal
a$to#o23? A: Mes. It shall en1oy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released. (8ect#o! 14 of 'rt#cle (* of t6e 198+ Co!"t#tut#o!) Q: What is th %$(atio# o" th o""ic o" th O2'$%s2a#? A: & years (8ect#o! 11 of 'rt#cle (* of Co!"t#tut#o!) without t6e t (2 o"
reappointment.
198+
Q: What a( th %isI$ali"icatio#s a#% i#hi'itio#s o" th O2'$%s2a#? A : 1. 2. Shall not hold any other office or employment4 Shall not engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office4 Shall not be financially interested( directly or indirectly( in any contract with( or in any franchise or privilege granted by the government( or any of its subdivisions( etc. Shall not be 3ualified to run for any office in the election immediately succeeding their cessation from office. (8ect#o! 9 of R.'. No. 6++/) 1.a. Pow (s a#% D$ti s
3.
!.
corporations with original charter. 9K6$!, =r v O1bu&"1$!( G.R. No. 120296, =ul9 2/. 2//6) 2. 'he 1urisdiction of the /mbudsman over disciplinary cases involving public school teachers has been modified by Section + of C. . !$&D( otherwise )nown as the Aagna Carta for Public School 'eachers( which says that such cases must first go to a committee appointed by the Secretary of %ducation. 9O1bu&"1$! v. -"t$!&$rte, GR 1686+/, 'pr#l 13, 2//+.) 'he /mbudsman ct authorizes the /mbudsman to impose penalties in administrative cases. (O1bu&"1$! v. C', Nove1ber 22, 2//6I O1bu&"1$! v. Lucero,Nove1ber 24, 2//6)
duration of the criminal case. ()#ll$"e!or v 8$!&#.$!b$9$! G.R. No. 18/+//, 7$rc6 4, 2 / / 8)
9.
Not : ccording to the "ocal Lovernment Code( elective officials may be dismissed only by the proper court. 6?here the disciplining authority is given only the power to suspend and not the power to remove( it should not be permitted to manipulate the law by usurping the power to remove.7(8$!..u!#$!. :$r$!.$9 v. Pu!o!. :$r$!.$9, G.R. No. 1+/626, 7$rc6 3, 2//8)
!.
'he Special Prosecutor may not file an information without authority from the /mbudsman. (Pere v. 8$!&#.$b$9$!, G.R. No. 166/62, 8epte1ber 26, 2//6) 'he /mbudsman has been conferred rule ma)ing power to govern procedures under it. (+/3 :ue!c$1#!o v. C', GR 1+0890,'pr#l 4, 2//+) 'he power to investigate or conduct a preliminary investigation on any /mbudsman case may be e.ercised by an investigator or prosecutor of the /ffice of the /mbudsman( or by any Provincial or City Prosecutor or their assistance( either in their regular capacities or as deputized /mbudsman prosecutors. 95o!$"$! ** v. P$!el of *!ve"t#.$tor" of t6e ,O=, G.R. No.109+4+, 'pr#l 13, 2//4) preventive suspension will only last ninety 9+D> days( not the entire
#.
$.
&.
ICE
C" "/5I% A.
S C M G
Q: A( th % l 4a'l ?
!ow (s
o"
O2'$%s2a#
A: 'he power to investigate or conduct a preliminary investigation on any /mbudsman case may be e.ercised by an investigator or prosecutor of the /ffice of the /mbudsman( or by any Provincial or City Prosecutor or their assistance( either in their regular capacities or as deputized /mbudsman prosecutors. (5o!$"$! ** v. P$!el of *!ve"t#.$tor" of t6e ,O=, 2//4) 6In any form or manner7 means that the fact that the /mbudsman may start an investigation on the basis of any anonymous letter does not violate the e3ual protection clause. *or purposes of initiating preliminary investigation before the /ffice of the /mbudsman( a complaint 6in any form or manner7 is sufficient. 9G$rc#$ v. 7#ro, G.R. No. 148944. 4ebru$r9 0, 2//3) Q: Ca# th O2'$%s2a# %i( ctl3 %is2iss a !$'lic o""ic ( "(o2 4o6 (#2 #t s (6ic ? A: 5nder Section 1393> of rticle JI( the /mbudsman can only recommend to the officer concerned the removal of a public officer or employee found to be administratively liable. (?$p#$&or v. Off#ce of t6e O1bu&"1$!, G.R. No. 129124. 7$rc6 10, 2//2) <e that as it may( the refusal( without 1ust cause( of any officer to comply with such an order of the /mbudsman to penalize erring officer or employee is a ground for disciplinary action. 'hus( there is a strong indication that the /mbudsman;s recommendation is not merely advisory in nature but actually mandatory within the bounds of law. 'his( should not be interpreted as usurpation of the /mbudsman of the authority of the head of office or any officer concerned. It has long been settled that the power of the /mbudsman to investigate and prosecute any illegal act or omission of any public official is not an e.clusive authority( but a shared or concurrent authority in respect of the offense charged. (Le&e"1$ v. C', GR 161629, 29 =ul9 2//0) Q: Is th !ow ( o" th o2'$%s2a# to i#6 sti4at ?cl$si6 ? A: Go( ?hile the /mbudsman;s power to investigate is primary( it is not e.clusive and( under the /mbudsman ct of 1+,+( he may delegate it to others and ta)e it bac) any time he wants to. ('cop v. O1bu&"1$!, G.R. No. 12/422 8epte1ber 2+, 1990). Q: -a3 th !olic ? 2ilita(3 % !$t3 i#6 sti4at ci6ilia#
ICE
C" "/5I% A.
S C M G
A: <ecause the power of the /mbudsman is broad and because the Ieputy /mbudsman acts under the direction of the /mbudsman( the power of the Ailitary Ieputy to investigate members of the civilian police has also been affirmed. ('cop v. O1bu&"1$!, G.R. No. 12/422 8epte1ber 2+, 1990) Q: Ca# th Clai2 o" Co#"i% #tialit3 !( 6 #t th O2'$%s2a# "(o2 % 2a#%i#4 th !(o%$ctio# o" %oc$2 #ts # % % "o( th i#6 sti4atio#4 A: Go( In 'l1o!te v. )$"3ue , L.C. Go. +#3$& Aay 23( 1++#, the Court said that where the claim of confidentiality does not rest in the need to protect military( diplomatic or the national security secrets but on general public interest in preserving confidentiality( the courts have declined to find in the Constitution an absolute privilege even for the President. (:er!$" Pr#1er, Pr#1er, (2//6 e&.) Aoreover( even in cases where matters are really confidential( inspection can be done in camera.
processing complaints( or recommending penalties. Fe is to conduct investigations( hold hearings( summon witnesses and re3uire production of evidence and place respondents under preventive suspension. 'his includes the power to impose the penalty of removal( suspension( demotion( fine( or censure of a public officer or employee. (O1bu&"1$! v. G$l#c#$, G.R. No. 16++11, October 1/, 2//8)
1.c. +$%icial R 6i w i# P #al P(oc
%i#4s
$.
re otherwise irregular( immoral or devoid of 1ustification
In the e.ercise of its duties( the /mbudsman is given full administrative disciplinary authority. Fis power is not limited merely to receiving(
C%G
K/M ,.
Q: What is th a$tho(it3 4(a#t % to th O2'$ %s2a # i# ( 6i wi#4 P #al P(oc %i#4 s? A: In the e.ercise of its investigati ve power( this Court has consistent ly held that courts will not interfere with the discretion of the fiscal or the /mbuds man to determine the specificity and ade3uacy of the averment s of the offense charged. Fe may dismiss the complaint forthwith if
1.'. +$%icial R 6i w i# A%2i#ist(ati6 P(oc %i# 4s Q: What is th a$tho(it3 4(a#t % to th O2'$%s2a# $#% ( ?isti#4 laws i# ( 6i wi#4 A%2i#ist(ati6 !(oc %i#4s? A: Section 1+ of the /mbudsman ct further enumerates the types of acts covered by the authority granted to the /mbudsman8 S%C. 1+. dministrative Complaints. 0 'he /mbudsman shall act on all complaints relating( but not limited to acts or omissions which8 1. 2. 3. re contrary to law or regulation4 re unreasonable( unfair( oppressive or discriminatory4 re inconsistent with the general course of an agencyRs functions( though in accordance with law4 Proceed from a mista)e of law or arbitrary ascertainment of facts4 re in the e.ercise discretionary powers but for improper purpose4 or
!. an #.
of an
he finds it to be insufficient in form and substance or if he otherwise finds no ground to continue with the in3uiry4 or he may proceed with the investigation of the complaint if( in his view( it is in due and proper form. 9Oc$1po v. O1bu&"1$!, 220 8CR' +20, 1993)
Not : In G$rc#$Rue&$ v. P$"c$"#o, G.R. No. 118141. 8epte1ber 0, 199+, the Court held that 6while the /mbudsman has the full discretion to determine whether or not a criminal case is to be filed( the Court is not precluded from reviewing the /mbudsman;s action when there is grave abuse of discretion.7
9. Sa#%i4a#'a3a# Q: What is Sa#%i4a#'a3a#? th co2!ositio# o" th
143
A: 5nder PI 1$D$( it is composed of8 1. Presiding Kustice 2. %ight ssociate Kustices( with the ran) of Kustice of the Court of ppeals
Not : It sits in three T3U divisions of three members each.
Q: What is th #at$( o" th Sa#%i4a#'a3a#? A: Sandiganbayan is G/' a constitutional court. It is a statutory court4 that is( it is created not only by the Constitution but by statute( although its creation is mandated by the Constitution. (:er!$" Pr#1er $t 443 2//6 e&.)
UNI)ERSIT* OF SANTO TO-AS F a c) u l tC aHAIR d dFOR e D e r e c h o C iAND vi l AD-INISTRATION FINANCE8 K%
G%""% C.
"%%
Q: What a( th ( I$isit s that 2$st co#c$( i# o(% ( that a cas 2a3 "all $#% ( th ?cl$si6 E$(is%ictio# o" th Sa#%i4a#'a3a#: A : 1. 'he offense committed is a violation of C 13&+( Chapter II( Section ( 'itle 2II( <oo) II of the Cevised Penal Code( %.ecutive /rders Gos. 1( 2 1! and 1!0 ( issued in 1+,$( or other offenses or felonies whether simple or comple.ed with other crimes 2. 'he offender committing the offenses 9violating C 3D1+( C 13&+( the CPC provisions( and other offenses( is a public official or employee holding any of the positions enumerated in par. ( Section !( C ,2!+ 3. 'he offense committed is in relation to the office. (L$c"o! v. -<ecut#ve 8ecret$r9, G.R. No. 128/96 =$!u$r9 2/, 1999) Q: Ca# a !(i6at i#%i6i%$al ' Eoi#tl3 with a !$'lic o""ic (? cha(4 %
Not : In :#!$9 v. 8$!&#.$!b$9$!, G.R. No". 12/681 83, October 1, 1999- the Supreme Court discussed the ramifications of Section &( C ,2!+( as follows8
A: Mes. FIn case private individuals are charged as co0principals( accomplices or accessories with the public officers or employees( they shall be tried 1ointly with said public officers and employees. (8ect#o! 4, P, 16/6)7 FPrivate persons may be charged together with public officers to avoid repeated and unnecessary presentation of witnesses and e.hibits against conspirators in different venues( especially of the issues involved are the same. It follows therefore that if a private person may be tried 1ointly with public officers( he may also be convicted 1ointly with them( as in the case of the present petitioners.7 (:$l1$&r#& v. 8$!&#.$!b$9$!, 1991) Q: What % t (2i# s th E$(is%ictio# wh th ( o( #ot th Sa#%i4a#'a3a# o( th RTC has E$(is%ictio# o6 ( th cas ? A: It shall be determined by the allegations in the information specifically on whether or not the acts complained of were committed in relation to the official functions of the accused. It is re3uired that the charge be set forth with particularity as will reasonably indicate that the e.act offense which the accused is alleged to have committed is one in relation to his office. (L$c"o! v. -<ecut#ve 8ecret$r9QG.R. No. 128/96 =$!u$r9 2/, 1999)
1.
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If trial of the cases pending before whatever court has already begun as of the approval of C ,2!+( the law does not apply4 If trial of cases pending before whatever court has not begun as of the approval of C ,2!+( then the law applies( and the rules are8 i. If the Sandiganbayan has 1urisdiction over a case pending before it( then it retains 1urisdiction4 ii. If the Sandiganbayan has no 1urisdiction over a cased pending before it( the case shall be referred to the regular courts4 iii. If the Sandiganbayan has 1urisdiction over a case pending before a regular court( the latter loses 1urisdiction and the same shall be referred to the Sandiganbayan4 iv. If a regular court has 1urisdiction over a case pending before it( then said court retains 1urisdiction.
Q: How a( !(o#o$#c 2 #ts o" % cisio#sS( 6i w 2a% '3 th S/? A: 'he unanimous vote of all the three members shall be re3uired for the pronouncement of 1udgment by a division. Iecisions of the Sandiganbayan shall be reviewable by the Supreme Court on a petition for cert#or$r#. Q: Is it 2a#%ato(3 "o( th Sa#%i4a#'a3a# to s$s! #% a !$'lic o""ic ( a4ai#st who2 a 6ali% i#"o(2atio# is "il %? A: It is now settled that Section 13( C 3D1+( ma)es it mandatory for the Sandiganbayan to suspend any public officer against whom a valid information charging violation of that law( or any offense involving fraud upon the government or public funds or property is filed. (:ol$"t#. v. 8$!&#.$!b$9$!, 230 8CR' 1/3) Q: Ca# 'oth I$ stio#s o" "act a#% law ' (ais % ' "o( th S$!( 2 Co$(t i# a# a!! al o" a % cisio# o" th Sa#%i4a#'a3a#? A: 'he appellate 1urisdiction of the Supreme Court over decisions and final orders of the Sandiganbayan is limited to 3uestions of law. (C$b$ro! v. People, L.C. Go. 1#$+,1( /ctober #( 2DD+
B. Ill=,ott # W alth Q: D "i# w alth? Ill=4ott #
'C? ,-4*N*NG 'N, P-N'L*H*NG ?5- CR*7- O4 PL2N,-RD)
A: Ill0gotten wealth means any asset( property( business enterprise or material possession of any person within the purview of Section 'wo 92> hereof( ac3uired by him directly or indirectly through dummies( nominees( agents( subordinates and@or business associates by any combination or series of the following means or similar schemes8 1. 'hrough Aisappropriation( conversion( misuse( or malversation of public funds or raids on the public treasury <y Ceceiving( directly or indirectly( any commission( gift( share( percentage( )ic)bac)s or any other form of pecuniary benefit from any person and@or entity in connection with any government contract or pro1ect or by reason of the office or position of the public officer concerned <y the Illegal or fraudulent conveyance or disposition of assets belonging to the Gational Lovernment or any of its subdivisions( agencies or instrumentalities or government0 owned or 0controlled corporations and their subsidiaries <y /btaining( receiving or accepting directly or indirectly any shares of stoc)( e3uity or any other form of interest or participation including promise of future employment in any business enterprise or underta)ing <y establishing agricultural( industrial or commercial Aonopolies or other combinations and@or implementation of decrees and orders intended to benefit particular persons or special interests <y ta)ing 5ndue advantage of official position( authority( relationship( connection or influence to un1ustly enrich himself or themselves at the e.pense and to the damage and pre1udice of the *ilipino people and the Cepublic of the Philippines. (R' +/8/, R'N
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Q: Ca# ill=4ott # w alth ' cha(act (i5 % '3 a s (i s o" 6 #ts that wo$l% 2a& a !$'lic o""ic ( lia'l ? A: Mes( in cases of plunder( any public officer who( by himself or in connivance with members of his family( relatives by affinity or consanguinity( business associates( subordinates or other persons( amasses( accumulates or ac3uires ill0 gotten wealth through a combination or series of overt or criminal acts as described in Section 1 9d> of C &$#+( in the aggregate amount or total value of at least fifty million pesos 9P#D(DDD(DDD.DD> shall be guilty of the crime of plunder. (8ec. 2 of R' +609) Q: Ca# !(os c$tio# "o( th ( co6 (3 o" ill=4ott # w alth ' 'a(( % '3 !( sc(i!tio#, lach s a#% sto!! l? A: Mes. 'he provision found in Section 1#( rticle JI of the 1+,& Constitution that Hthe right of the State to recover properties unlawfully ac3uired by public officials or employees( from them or from their nominees or transferees( shall not be barred by prescription( laches or estoppels(H has already been settled in Pre"#&e!t#$l '& 5oc 4$ct4#!&#!. Co11#ttee o! :e6e"t Lo$!" v. ,e"#erto. G.R. No. 13/14/, where the Court held that the above cited constitutional provision Happlies only to civil actions for recovery of ill0gotten wealth( and not to criminal cases. (Pre"#&e!t#$l '& 5oc 4$ct 4#!&#!. Co11#ttee O! :e6e"t Lo$!" v. ,e"#erto, G.R. No. 130+10, 'pr#l 13, 2/11)
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+. AD-INISTRATI)E LAW a. ,ENERAL PRINCIPLES Q: D "i# A%2i#ist(ati6 Law? A: It is a branch of public law fi.ing the organization and determines the competence of administrative authorities( and indicates the individual remedies for the violation of the rights. Q: What a( th &i#%s o" A%2i#ist(ati6 Law? A: 1. Statutes setting up administrative authorities. 2. <ody of doctrines and decisions dealing with the creation( operation( and effect of determinations and regulations of such administrative authorities. 3. Cules( regulations( or orders of such administrative authorities in pursuance of the purposes( for which administrative authorities were created or endowed. !. Ieterminations( decisions( and orders of such administrative authorities in the settlement of controversies arising in their particular field. '. CREATION OF AD-INISTRATI)E /ODIES AND A,ENCIES Q: What is a# a%2i#ist(ati6 a4 #c3? A: It is an organ of government( other than a court and the legislature( which affects the rights of private parties either through ad1udication or rule ma)ing. Q: How a( a4 #ci s c( at %? A: <y8 1. Constitutional provision 2. uthority of law 3. "egislative enactment Q: Cit ( aso#s "o( th c( atio# o" a%2i#ist(ati6 a4 #ci s. A: 'o8
the e.perience( e.pertise( and power of dispatch to provide solution thereto. Q: What i#st($2 #talit3? is a#
A: n #!"tru1e!t$l#t9 refers to any agency of the national government not integrated within the departmental framewor)( vested with special functions or 1urisdiction by law( with some if not all corporate powers( administering special funds( and en1oying operational autonomy( usually through a charter. 9*ro! $!& 8teel 'ut6or#t9 v. C', G.R. No. 1/29+6, Oct. 20, 1990>
1. 2. 3. !.
Felp unclog court doc)ets mAeet the growing comple.ities of modern society Felp in the regulation of ramified activities of a developing country %ntrust to specialized agencies the tas) of dealing with problems as they have
Q: What is a# A4 #c3? A: n $.e!c9 is any department( bureau( office( commission( authority or officer of the national government( authorized by law or e.ecutive order to ma)e rules( issue licenses( grant rights or privileges( and ad1udicate cases4 research institutions with respect to licensing functions4 government corporations with respect to functions regulating private rights( privileges( occupation or business( and officials in the e.ercise of the disciplinary powers as provided by law. Q: What is th %isti#ctio# ' tw # th two?
A: 'here is !o pr$ct#c$l &#"t#!ct#o! between an instrumentality and agency( for all intents and purposes. distinction( however( may be made with respect to those entities possessing a separate charter created by statute. Q: What is a I$asi=E$%icial 'o%3 o( a4 #c3? A: 3uasi01udicial body or agency is an administrative body with the power to hear( determine or ascertain facts and decide rights( duties and obligations of the parties by the application of rules to the ascertained facts. <y this power( 3uasi01udicial agencies are enabled to interpret and apply implementing rules and regulations promulgated by them and laws entrusted to their administration. ;1MM7 /a( Q$ stio#<
c. POWERS OF AD-INISTRATI)E A,ENCIES Q: What a( th th( a%2i#ist(ati6 a4 #ci s? A: 1. Suasi0legislative power or rule0ma)ing power 'asic !ow (s o"
ADMINISTRATIVE LAW
2. 3. Suasi01udicial or ad1udicatory power Ieterminative power !. enforce or suspend the operation of a law. *!terpret$t#ve le.#"l$t#o! @ rules and regulations construing or interpreting the provisions of a statute to be enforced and binding on all concerned until changed. 'hey have the effect of law and are entitled to great respect having in their favor the presumption of legality. -... <IC circulars.
Q: Disti#4$ish ' tw # I$asi= l 4islati6 a#% I$asi=E$%icial !ow (. A:

QUASI= LE,ISLATI)E /perates on the future QUASI=+UDICIAL /perates based on past facts Fas particular application 9applies only to the parties involved in a Issuance pursuant to the e.ercise of 3uasi0 1udicial power may( as a rule( only be challenged in court with prior e.haustion of administrative remedies valid e.ercise of 3uasi01udicial power re3uires prior notice and hearing 9e.cept when the law re3uires it> pursuant n issuance to the e.ercise of 3uasi0 1udicial function is appealed to the Court of ppeals via petition for review
Fas general application Issuance pursuant to the e.ercise of 3uasi0 legislative power may be assailed in court without subscribing to the doctrine of e.haustion of administrative remedies valid e.ercise of 3uasi0 legislative power does not re3uire prior notice and hearing 9e.cept when the law re3uires it>. n issuance pursuant to the e.ercise of 3uasi0 legislative power may be assailed in court through an ordinary action.
Q: What a( th ( I$isit s "o( th 6ali% ? (cis o" I$asi=l 4islati6 !ow (? A: which administrative agencies are allowed to ascertain the e.istence of particular contingencies and on the basis thereof
0. Q$asi=L 4islati6 ;R$l =-a&i#4< Pow ( Q: D "i# !ow (. I$asi=l 4islati6
A: 'his is the e.ercise of delegated legislative power( involving no discretion as to what the law shall be( but merely the authority to fi. the details in the e.ecution or enforcement of a policy set out in the law itself. Q: What a( th l 4islati6 !ow (? A : 1. 2. Le.#"l$t#ve re.ul$t#o! 8upple1e!t$r9 or &et$#le& le.#"l$t#o! which is intended to fill in the details of the law and to ma)e e.plicit what is only general. e... Cules and Cegulations Implementing the "abor Code. Co!t#!.e!t le.#"l$t#o! in &i#%s o" I$asi=
3.
ADMINISTRATIVE LAW
1. 2. 3. !. Promulgated in accordance with the Prescribed procedure. Ceasonable. Issued under uthority of law. dministrative regulations( issued for the purpose of implementing e.isting law( pursuant to a valid delegation are included in the term 6laws7 under rticle 2( of the Civil Code and must therefore be published in order to be effective. It must be within the Scope and purview of the law. *iling with the /ffice of the Gational dministrative Cegister 9/G C> of the 5niversity of the Philippines "aw Center
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Not : <ut mere interpretative regulations( and those merely internal in nature( i.e. regulating only the personnel of the administrative agency and not the public( need not be published (?$G$&$ v. ?uver$, G.R. No. 63910, ,ece1ber 29, 1986)
Q: What a( th 4$i% li# s to ($l = 2a&i#4? A: 1. It must be consistent with the law and the constitution 2. It must have reasonable relationship to the purpose of the law 3. It must be within the limits of the power granted to administrative agencies !. Aay not amend( alter( modify( supplant( enlarge( limit or nullify the terms of the law #. It must be uniform in operation( reasonable and not unfair or discriminatory $. Aust be promulgated in accordance with the prescribed procedure Q: What a( th li2itatio#s o# th ? (cis o" I$asi=l 4islati6 !ow (?
A : 1. It must be within the limits of the powers granted to administrative agencies. 2. Cannot ma)e rules or regulations which are inconsistent with the provision of the Constitution or statute. 3. Cannot defeat the purpose of the statute. !. Aay not amend( alter( modify( supplant( enlarge( or limit the terms of the statute. #. rule or regulation must be uniform in operation( reasonable and not unfair or discriminatory. Q: -a3 !(o2$l4at sa#ctio#? a# a%2i#ist(ati6 a4 #c3 ($l s !(o6i%i#4 "o( ! #al
within their own specialization. Q: What is th ( aso# ' hi#% th % l 4atio#? A: It is well established in this 1urisdiction that( while the ma)ing of laws is a non0delegable activity that corresponds e.clusively to Congress(
A: Mes( provided the following re3uisites are complied with8 1. 'he law must declare the act punishable4 2. 'he law must define the penalty4 3. 'he rules must be published in the /fficial Lazette. (?6e 5o!. 8ecret$r9 )#!ce!t 8. Pere v. LPG Ref#ller" '""oc#$t#o! of t6e P6#l#pp#!e", G.R. No. 109149, =u!e 26, 2//6) Q: A( a%2i#ist(ati6 o""ic (s tas& % to i2!l 2 #t th law also a$tho(i5 % to i#t (!( t th law? A: Mes( because they have e.pertise to do so. (PL,? v. N?C, G.R. No. 884/4, Oct. 18, 199/) Q: A( co#st($ctio#s o" a%2i#ist(ati6 o""ic (s 'i#%i#4 $!o# th co$(ts? A: Such interpretations of administrative officer are given great weight( unless such construction is clearly shown to be in sharp contrast with the governing law or statute. (Ne"tle P6#l#pp#!e" *!c. v. C', G.R. No. 86+38, Nov. 13, 1991) Q: What S$'o(%i#at L 4islatio #? is th Doct(i# o"
A: Power of administrative agency to promulgate rules and regulations on matters
nevertheless the latter may constitutionally delegate authority to promulgate rule" $!& re.ul$t#o!" to implement a given legislation and effectuate its policies( for the reason that the legislature often finds it impracticable 9if not impossible> to anticipate and provide for the multifarious and comple. situations that may be met in carrying the law into effect. ll that is re3uired is that the regulation should be germane to the ob1ects and purposes of the law4 that the regulation be not in contradiction with it( but conform to the standards that the law prescribes. Q: What a( th li2itatio#s o# th s$'o(%i#at l 4islatio#? A: 1. 2. 3. !. Cule ma)ing power Cannot contravene a statute or the constitution Parta)es the nature of a statute - Cules are not laws but have the force and effect of laws. %n1oys the presumption of legality therefore courts should respect and apply them unless declared invalid4 all other agencies should li)ewise respect them. th co#c !t o" %oct(i# o"
Q: What is Co#t 2!o(a# o$s Co#st($ctio#?
A: 'he construction placed upon the statute by an e.ecutive or administrative officer called upon to e.ecute or administer such statute. 'hese #!terpret$t#ve re.ul$t#o!" are usually in the form of circulars( directives( opinions( and rulings.
Not : Contemporaneous construction( while in no case binding upon the courts( is nevertheless entitled to great weight and respect in the interpretation of ambiguous provisions of the law( unless it is shown to be clearly erroneous.
1. Q$asi=+$%icial ;A%E$%icato(3< Pow ( Q: D "i# I$asi=E$%icial !ow (. A: It is the power of administrative authorities to ma)e determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. It parta)es the nature of 1udicial power( but is e.ercised by a person other than a 1udge.
Q: How is th E$(is%ictio# o" a I$asi= E$%icial a4 #c3 co#st($ %? A: n administrative body to which 3uasi0 1udicial power has been delegated is a tribunal of limited 1urisdiction and as such it could wield only such powers as are specifically granted to it by its enabling statute. Its 1urisdiction is interpreted "tr#ct#""#1# Cur#". 1.a. A%2i#ist(ati6 D$ P(oc ss Q: What is th !(oc %i#4s? #at$( o" a%2i#ist(ati6
for such decision
A: It is summary in nature. Q: Is a%2i#ist(ati6 !(oc %i#4s 'o$#% '3 t ch#ical ($l s o" !(oc %$( a#% 6i% #c ? A: 'he technical rules of procedure and of evidence prevailing in courts of law and e3uity are not controlling in administrative proceedings to free administrative boards or agencies from the compulsion of technical rules so that the mere admission of matter which would be deemed incompetent in 1udicial proceedings would not invalidate an administrative order.
Not : 'he rules of procedure of 3uasi01udicial bodies shall remain effective unless disapproved by the Supreme Court.
Q: What a( th ca(%i#al !(i2a(3 ( I$i( 2 #ts o" %$ !(oc ss i# a%2i#ist(ati6 !(oc %i#4s? A : Cight to a hearing which includes the right to present one;s case and submit evidence in support 2. 'he tribunal must consider the evidence presented 3. 'he decision must be supported by evidence !. Such evidence must be substantial #. 'he decision must be based on the evidence presented at the hearing or at least contained in the record( and disclosed to the parties affected $. 'he tribunal or body of any of its 1udges must act on its own independent consideration of the law and facts of the controversy in arriving at a decision4 &. 'he board or body should render decision that parties )now the )ICE CHAIR FOR AD-INISTRATION AND FINANCE8 K% G%""% C. "%% issues involved reason )ICE CHAIRSvarious FOR LA*=O UT AND DESI,N : % C" and "/5I% A. A S C M
'F%%G C. A
C'IG%Q
1.
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/fficer or tribunal must be vested with competent 1urisdiction and must be impartial and honest. 9'!. ?#b$9 v. C*R, G.R. No. L46496, 4eb. 2+, 194/>
( I$i( % i# a%2i#ist(ati6 !(oc
%i#4s?
A: /nly "ub"t$!t#$l ev#&e!ce - that amount of relevant evidence that a reasonable mind might accept as ade3uate to support a conclusion. Q: Wh # is th ( I$i( 2 #t o" #otic a#% h a(i#4 #ot # c ssa(3? A : 1. 2. 3. 5rgency of immediate action 'entativeness of administrative action Lrant or revocation of licenses or permits to operate certain businesses affecting public order or morals Summary abatement of nuisance per se which affects safety of persons or property Preventive suspension of public officer or employee facing administrative charges Cancellation of a passport of a person sought for criminal prosecution Summary proceedings of distraint and levy upon property of a delin3uent ta.payer Ceplacement of a temporary or acting appointee Cight was previously offered but not claimed
OF
Not : 'he essence of procedural due process in administrative proceedings is the opportunity to be heard( i.e. the opportunity to e.plain one;s side or opportunity to see) reconsideration of an adverse decision. ?hat the law prohibits is not the absence of previous notice but the absolute absence thereof and the lac) of opportunity to be heard.
Q: Do s th %$ !(oc ss cla$s #co2!ass th (i4ht to ' assist % '3 co$#s l %$(i#4 a# a%2i#ist(ati6 i#I$i(3? A: Go. 'he right to counsel which may not be waived( unless in writing and in the presence of counsel( as recognized by the Constitution( is a right of a suspect in a custodial investigation. It is not an absolute right and may( thus( be invo)ed or re1ected in criminal proceeding and( with more reason( in an administrative in3uiry. 9Lu1#3ue& v. -<eve$, G.R No.. 11+060, Nov. 18, 199+) Q: What is th I$a#t$2 o" !(oo"
!. #. $. &. ,. +.
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1.'. A%2i#ist(ati6 A!! al a#% R 6i w Q: What A%2i#ist(ati6 A!! al ? is th co#c !t o"
Pow (s Q: What is Lic #si#4 Pow (? A: 'he action of an administrative agency in granting or denying( or in suspending or revo)ing( a license( permit( franchise( or certificate of public
A: It refers to the review by a higher agency of decisions rendered by an administrative agency( commenced by petition of an interested party.
Not : dministrative appeals are established by the 1+,& dministrative Code( which will govern primarily in the absence of a specific law applicable. 5nder the 1+,& dministrative Code( administrative appeals from a decision of an agency are ta)en to the Iepartment Fead.
Q: What is th ( 6i w? A:
co#c !t o" a%2i#ist(ati6
dministrative appeals are not
the only way by which a decision of an administrative agency may be reviewed. superior officer or department head may upon his or her own volition review a subordinate;s decision pursuant to the po%er of co!trol. dministrative reviews by a superior officer are( however( sub1ect to the caveat that a final and e.ecutory decision is not included within the power of control( and hence can no longer be altered by administrative review. Q: How 2a3 a%2i#ist(ati6 % cisio#s ' #"o(c %? A: It may be enforced. 1. s provided for by law 2. Aay invo)e the courts intervention 1.c. A%2i#ist(ati6 'es Judicata Q: Do s th %oct(i# o" ( s E$%icata a!!l3 to a%2i#ist(ati6 !(oc %i#4s? A: 'he doctrine of res 1udicata applies only to 1udicial or 3uasi 1udicial proceedings and not to the e.ercise of purely administrative functions. dministrative proceedings are non litigious and summary in nature4 hence( res 1udicata does not apply. 9. Lic #si#4, Rat =Fi?i#4 a#% Fact=Fi#%i#4
convenience and necessity. '&1#!#"tr$t#ve L$%, 2/1/)
(,e Leo!,
Q: What is th #at$( o" a# a%2i#ist(ati6 a4 #c3Hs act i" it is 2!ow ( % '3 a stat$t to ( 6o& a lic #s "o( #o#=co2!lia#c o( 6iolatio# o" a4 #c3 ( 4$latio#s? A: *or procedural purposes( an administrative action is not a purely administrative act if it is dependent upon the ascertainment of facts by the administrative agency. ?here a statute empowers an agency to revo)e a license for non0compliance with or violation of agency regulations( the administrative act is of a 1udicial nature( since it depends upon the ascertainment if the e.istence of certain past or present facts upon which a decision is to be made and rights and liabilities determined.
Q: D "i# Rat =Fi?i#4 Pow (. A: It is the power usually delegated by the legislature to administrative agencies for the latter to fi. the rates which public utility companies may charge the public. (,e Leo!, '&1#!#"tr$t#ve L$%, 2/1/) Q: What %o s th t (2 F(at G 2 a#? A: It means any charge to the public for a service open to all and upon the same terms( including individual or 1oint rates( tolls( classification or schedules thereof( as well as communication( mileage( )ilometrage and other special rates which shall be imposed by law or regulation to be observed and followed by a person.
Not : *i.ing rates is essentially legislative but may be delegated. (P6#l#pp#!e *!ter*"l$!& v. C', G.R. No. 1//481, =$!u$r9 22, 199+)
Q: How is (at ="i?i#4 !ow ( ! ("o(2 %? A: 'he administrative agencies perform this function either by issuing rules and regulations in the e.ercise of their 3uasi0legislative power or by issuing orders affecting a specified person in the e.ercise of its 3uasi01udicial power. (,e Leo!, '&1#!#"tr$t#ve L$%, 2/1/) Q: -a3 th "$#ctio# o" "i?i#4 (at s ' l 4islati6 o( a%E$%icati6 "$#ctio#? ith ( a
A: Mes. 'he function of prescribing rates by an administrative agency may be either a legislative or and ad1udicative function. (,e Leo!, '&1#!#"tr$t#ve L$%, 2/1/)
Q: I" th !ow ( to "i? (at s is ? (cis % as a l 4islati6 "$#ctio#, a( #otic a#% h a(i#4 ( I$i( %? A: ?here the rules and@or rates laid down are meant to apply to all enterprises of a given )ind throughout the country( they may parta)e of a legislative character. If the fi.ing of rates were a legislative function( the giving of prior notice and hearing to the affected parties is not a re3uirement of due process( e.cept where the legislature itself re3uires it. (,e Leo!, '&1#!#"tr$t#ve L$%, 2/1/) Q: What i" it is E$%icial "$#ctio#? ? (cis % as a I$asi=
C%G
K/M ,.
A: ?here the rules and the rate imposed apply e.clusively to a particular party( based upon a finding of fact( then its function is 3uasi01udicial in character. s regards rates prescribed by an administrative agency in the e.ercise of its 3uasi01udicial function( prior notice and hearing are essential to the validity of such rates. <ut an administrative agency may be empowered by law to approve provisionally( when demanded by urgent public need( rates of public utilities without a hearing. (,e Leo!, '&1#!#"tr$t#ve L$%, 2/1/)
Not : s a general rule( notice and hearing are not essential to the validity of an administrative action where the administrative body acts in the e.ercise of e.ecutive( administrative( or legislative functions4 but where a public administrative body acts in a 1udicial or 3uasi0 1udicial matter( and its acts are particular and immediate rather than general and prospective( the person whose rights or property may be affected by the action is entitled to notice and hearing. (P6#l#pp#!e Co!"u1er" 4ou!&$t#o!, *!c. v 8ecret$r9 of ,-C8, G.R. No. +8380, 'u.u"t 31, 198+ )
Q: I# cas o" a % l 4atio# o" (at ="i?i#4 !ow (, what is th o#l3 sta#%a(% which th l 4islat$( is ( I$i( % to !( sc(i' "o( th 4$i%a#c o" a%2i#ist(ati6 a$tho(it3? A: 'hat the rate be reasonable and 1ust. ('1er#c$! ?ob$cco Co. v ,#rector of P$te!t", 6+ 8CR' 28+, 19+0) Q: I# th a's #c o" a# ?!( ss ( I$i( 2 #t as to ( aso#a'l # ss, 2a3 th sta#%a(% ' i2!li %? A: Mes. In any case( the rates must both be non0 confiscatory and must have been ICE ) ICE CHAIRS FORin LA*=OUT AND DESI,N: % C" "/5I% A. A S C established
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the manner prescribe d by the legislature . %ven in the absence of an e.press re3uireme nt as to reasonabl eness( this standard may be implied. rate0fi.ing order( temporary or provisiona l though it may be( is not e.empt from the procedura l re3uireme nts of notice and hearing when prescribe d by statute( as well as the re3uireme nt of reasonabl eness. (,e Leo!, '&1#!#"tr $t#ve L$% 2 / 1 / , p p . 1 6 4 1 6 0
M G
) Q: -a3 th % l 4at % !ow ( to "i? (at s ' ( = % l 4at %? A: 'he power delegated to an administrative agency to fi. rates cannot( in the absence of a law authorizing it( be delegated to another. 'his is e.peressed in the ma.im( potestas delagata non delegari protest. (K#lu"$!. 7$9o 2!o L$bor Ce!ter v. G$rc#$, =r., 39 8CR'386, 1994) Q: -a3 co#4( ss % l 4at to a# a%2i#ist(ati6 a4 #c3 th !ow ( to asc (tai# "acts as 'asis to % t (2i# wh # a law 2a3 ta& i#to "" ct o( wh th ( a law 2a3 ' s$s! #% % o( co2 to a# #%, i# acco(%a#c with th !$(!os o( !olic3 o" th law a#% th sta#%a(% "o( th ? (cis o" th !ow ( % l 4at %? A: Mes. 'his is not delegation of what the law shall be( but how the law will be enforced( which is permissible. Fence the legislature may delegate to an administrative agency the power to determine some fact or state of things upon which the law ma)es( or intends to ma)e( its own action depend( or the law may provide that it shall become operative only upon the contingency or some certain fact or event( the ascertainment of which is left to an administrative agency. (1 '1. =ur. 2& 93/ 931) Q: What a( th ( I$i( 2 #ts "o( th % l 4atio# o" th !ow ( to asc (tai# "acts to ' 6ali%? A: 'he law delegating the power to determine some facts or state of things upon which the law may ta)e effect or its operation suspended must provide the standard( fi. the limits within which the discretion may be e.ercised( and define the conditions therefor. bsent these re3uirements( the law and the rules issued thereunder are void( the former being an undue delegation of legislative power and the latter being the e.ercise if rule0ma)ing without legal basis. (2.8. v. '!. ?$!. 5o, 43 P6#l. 1, 1992) Q: I# co## ctio# with th 6i% #c !( s #t % ' "o( a "act="i#%i#4 I$asi E$%icial 'o%3, %o th latt ( ha6 a !ow ( to ta& i#to co#si% (atio#
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th ( s$lt o" its ow# o's (6atio# a#% i#6 sti4atio# o" th 2att ( s$'2itt % to it "o( % cisio#? A: fact0finding 3uasi01udicial body 9e.g.( "and 'ransportation *ranchising and Cegulatory <oard> whose decisions 9on 3uestions regarding certificated of public convenience> are influenced not only by the facts as disclosed by the evidence in the case before it but also by the reports of its field agents and inspectors that are periodically submitted to it( has the power to ta)e into consideration the result of its own observation and investigation of the matter submitted to it for decision( in connection with other evidence presented at the hearing of the case (P$!tr$!co 8out6 -<pre"", *!c. v :o$r& of ?r$!"port$#o!, 191 8CR' 081,1991) B. D t (2i#ati6 Pow (s Q: D "i# !ow (s. % t (2i#ati6 3.
%. +UDICIAL RECOURSE AND RE)IEW 0. Doct(i# o" P(i2a(3 A%2i#ist(ati6 +$(is%ictio # Q: What is th %oct(i# o" !(i2a(3 E$(is%ictio# o( %oct(i# o" !(io( ( so(t? A: 5nder the principle of primary 1urisdiction( courts cannot or will not determine a controversy involving 3uestion within the 1urisdiction of an administrative body prior to the decision of that 3uestion by the administrative tribunal where8 1. 'he 3uestion demands administrative determination re3uiring special )nowledge( e.perience and services of the administrative tribunal4 'he 3uestion re3uires determination of technical and intricate issues of a fact4 'he uniformity of ruling is essential to comply with purposes of the regulatory statute administered
2.
A: It is the power of administrative agencies to better enable them to e.ercise their 3uasi0 1udicial authority. Q: What co#sist % % t (2i#ati6 !ow (s? A: DEDEUS 1. %!$bl#!. - Permits the doing of an act which the law underta)es to regulate and which would be unlawful without government approval. 2. I#rect#!. - /rders the doing or performance of particular acts to ensure the compliance with the law and are often e.ercised for corrective purposes. 3. I#"pe!"#!. 'o rela. the general operation of a law or to e.empt from general prohibition( or to relieve an individual or a corporation from an affirmative duty. !. %<$1#!#!. 'his is also called #!ve"t#.$tor9 po%er. It re3uires production of boo)s( papers( etc.( the attendance of witnesses and compelling their testimony. #. Su11$r9 - Power to apply compulsion or force against persons or property to effectuate a legal purpose without 1udicial warrants to authorize such actions.
Not : In such instances( relief must first be obtained in administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper 1urisdiction of a court. 'he 1udicial process is accordingly suspended pending referral of the claim to the administrative agency for its view.
Q: What a( th ( aso#s "o( this %oct(i# ? A: 1. 'o ta)e full advantage of administrative e.pertness4 and 2. 'o attain uniformity of application of regulatory laws which can be secured only if determination of the issue is left to the administrative body
Q: Wh # is th %oct(i# i#a!!lica'l ? A: 1. ?hen( by the courtRs determination( the legislature did not intend that the issues be left solely to the initial determination of the administrative body. 2. 3. ?hen the issues purely 3uestions of law. ?hen courts and involve
administrative
bodies have concurrent 1urisdiction.
Q: Ca# th co$(t motu proprio (ais iss$ o" !(i2a(3 E$(is%ictio#?
th
A: 'he court may 1otu propr#o raise the issue of primary 1urisdiction and its invocation cannot be waived by the failure of the parties to argue it( as the doctrine e.ists for the proper distribution of power between 1udicial and administrative bodies and not for the convenience of the parties. In such case the court may8 1. Suspend the 1udicial process pending referral of such issues to the administrative body for its review( or 2. If the parties would not be unfairly disadvantaged( dismiss the case without pre1udiced. (-uro7e& l$bor$tor#e" P6#l. v". Prov#!ce of :$t$!.$", G.R No. 148+/6, =ul9 1+, 2//6)
usually effected through special civil actions which are available only if there is no other plain( speedy( and ade3uate remedy.
1. Doct(i# o" E?ha$stio# o" A%2i#ist(ati6 R 2 %i s Q: What is th %oct(i# o" a%2i#ist(ati6 ( 2 %i s? ?ha$stio# o"
A: 'his doctrine calls for resort first to the appropriate administrative authorities in the resolution of a controversy falling under their 1urisdiction and must first be appealed to the administrative superiors up to the highest level before the same may be elevated to the courts of 1ustice for review.
Not : 'he premature invocation of the courts intervention is fatal to one;s cause of action. %.haustion of administrative remedies is a prere3uisite for 1udicial review4 it is a condition precedent which must be complied with.
Q: What a( th ( aso#s "o( a%2i#ist(ati6 ( 2 %i s? A : 1.
?ha$sti#4
'o enable the administrative superiors to correct the errors committed by their subordinates. 2. Courts should refrain from disturbing the findings of administrative bodies in deference to the doctrine of separation of powers. 3. Courts should not be saddled with the review of administrative cases. !. Kudicial review of administrative cases is
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'o avail of administrative remedy entails lesser e.penses and provides for a speedier disposition of controversies.
e.haustion of administrative remedies is not 1urisdictional for the defect may be waived by a failure to assert the same at the earliest opportune time.
Q: What a( th ?c !tio#s to th a!!licatio# o" th %oct(i# ? A: DELILA PULP -UN Q 1. 2. 3. !. #. 2iolation of Iue process ?hen there is %stoppel on the part of the administrative agency concerned ?hen the issue involved is a purely "egal 3uestion ?hen there is Irreparable in1ury ?hen the administrative action is patently illegal amounting to "ac) or e.cess of 1urisdiction ?hen the respondent is a Iepartment Secretary whose acts as an lter ego of the President bears the implied and assumed approval of the latter ?hen the sub1ect matter is a Private land case proceedings ?hen it would be 5nreasonable ?hen no administrative review is provided by "aw ?hen the rule does not provide a Plain( speedy( and ade3uate remedy ?hen the issue of non0 e.haustion of administrative remedies has been rendered Aoot ?hen there are circumstances indicating the 5rgency of 1udicial intervention ?hen it would amount to a Gullification of a claim4 and ?here the rule of Sualified political agency applies. (L$.u!$ C'?) Net%orF v. 7$r$$!, G.R. No. 139492, Nov. 19, 2//2)
$.
&. ,. +. 1D. 11.
12. 13. 1!.
Q: What is th "" ct o" #o#= ?ha$stio# o" a%2i#ist(ati6 ( 2 %i s? A: It will deprive the complainant of a cause of action( which is a ground for a 1ot#o! of &#"1#"". Q: Is #o#=co2!lia#c with th %oct(i# s o" !(i2a(3 E$(is%ictio# o( ?ha$stio# o" a%2i#ist(ati6 ( 2 %i s a E$(is%ictio#al % " ct? A: Go. Gon0compliance with the doctrine of primary 1urisdiction or doctrine of
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Q: Disti#4$ish th %oct(i# !(i2a(3 E$(is%ictio# "(o2 th %oct(i# ?ha$stio# o" a%2i#ist(ati6 ( 2 %i s. A :
o" o"
Q: What a( th I$ stio#s ( 6i wa'l '3 th co$(ts? A : 1. >ue"t#o!" of f$ct
DOCTRINE DOCTRINE OF OF E>HAUSTION PRI-AR* OF +URISDICTI AD-INISTRATI <oth deal with the proper relationships between the courts and administrative agencies. pplies where a case is within the concurrent 1urisdiction of the court and an administrative agency but the determination of the case re3uires the technical e.pertise of the administrative agency lthough the matter is within the 1urisdiction of the court( it must yield to the 1urisdiction of the administrative case
pplies where a claim is cognizable in the first instance by an administrative agency alone
Kudicial interference is withheld until the administrative process has been completed
9. Doct(i# o" Ri! # ss "o( R 6i w Q: What is th R 6i w? A: Doct(i# 'his o" Ri! # ss "o( is the
doctrine
similar to that of e.haustion of administrative remedies e.cept that it applies to the rule ma)ing and to administrative action which is embodied neither in rules and regulations nor in ad1udication or final order. Q: Wh # %o s th %oct(i# a!!l3? A: )ICS 1. ?hen the Interest of the plaintiff is sub1ected to or imminently threatened with substantial in1ury. 2. If the statute is Self0e.ecuting. 3. ?hen a party is immediately confronted with the problem of complying or violating a statute and there is a ris) of Criminal penalties. !. ?hen plaintiff is harmed by the 2agueness of the statute.
,R: Courts will not disturb the findings of administrative agencies acting within the parameters of their own competence( special )nowledge( e.pertise( and e.perience. 'he courts ordinarily accord respect if not finality to factual findings of administrative tribunals. >PN: If findings are not supported by substantial evidence. 2. >ue"t#o!" of L$% - administrative decisions may be appealed to the courts independently of legislative permission. It may be appealed even against legislative prohibition because the 1udiciary cannot be deprived of its inherent power to review all decisions on 3uestions of law. 7#<e& ( l$% $!& f$ct) - when there is a mi.ed 3uestion of law and fact and the court cannot separate the elements to see clearly what and where the mista)e of law is( such 3uestion is treated as 3uestion of fact for purposes of review and the courts will not ordinarily review the decision of the administrative tribunal.
3.
B. Doct(i# o" Fi#alit3 o" A%2i#ist(ati6 Actio# Q: What is th %oct(i# a%2i#ist(ati6 actio#? o" "i#alit3 o"
A: 'his doctrine provides that no resort to courts will be allowed unless administrative action has been completed and there is nothing left to be done in the administrative structure. Q: What a( th i#sta#c s wh ( "i#%s #o a!!licatio#? A: DEAR V PIA 1. 'o grant relief to Preserve the "t$tu" 3uo pending further action by the administrative agency ?hen it is %ssential to the protection of the rights asserted from the in1uries threatened ?here an administrative officer ssumes to act in violation of the Constitution and other laws ?here such order is not Ceviewable in any other way and the complainant will th %oct(i#
2. 3. !.
suffer great and obvious damage if the order is carried out #. 'o an Interlocutory order affecting the merits of a controversy $. 'o an order made in e.cess of power( contrary to specific prohibition in the statute governing the agency and thus operating as a Ieprivation of a right assured by the statute &. ?hen review is llowed by statutory provisions . Q: What a( th 4(o$#%s "o( ( 6 (sal o" a%2i#ist(ati6 "i#%i#4s? A : 1. 2. 3. !. *inding is grounded on speculations or con1ectures Inferences made are manifestly mista)en or impossible Lrave abuse of discretion Aisapprehension of facts( or the agency overloo)ed certain facts of substance or value which if considered would affect the result of the case. gency went beyond the issues of
7. +$%icial R 6i w o" A%2i#ist(ati6 Actio# Q: What is th ( 6i w? co#c !t o" E$%icial
#. the
case and the same are contrary to the admissions of the parties or the presented $. Irregular procedures or the violation of the due process &. Cights of a party were pre1udiced because the findings were in violation of the constitution( or in e.cess of statutory authority( vitiated by fraud( mista)e ,. *indings not supported by substantial evidenc e :. +$%icial R li " "(o2 A%2i#ist(ati6 Actio# Th( at # %
Q: Ca# co$(ts ( #% ( a a % c( a%6a#c o" a%2i#ist(ati6 actio#?
i#
A: Courts will not render a decree in advance of administrative action. Such action would be rendered 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.
A: Kudicial review is the re0e.amination or determination by the courts in the e.ercise of their 1udicial power in an appropriate case instituted by a party aggrieved thereby as to whether the 3uestioned act( rule( or decision has been validly or invalidly issued or whether the same should be nullified( affirmed or modified.
Not : 'he mere silence of the law does not necessarily imply that 1udicial review is unavailable.
!. #. $. &.
*actual
findings by
not
supported
%vidence Lrave abuse of discretion( arbitrariness( or capriciousness is manifest ?hen e.pressly allowed by Statute4 and %rror in appreciation of the pleadings and in the interpretation of the documentary evidence presented by the parties
Q: What a( th ( I$isit s o" E$%icial ( 6i w o" a%2i#ist(ati6 actio#? A : 1. dministrative action must have been completed 96t6e pr#!c#ple of f#!$l#t9 of $&1#!#"tr$t#ve $ct#o!47> and dministrative remedies must have been e.hausted )nown as 96t6e pr#!c#ple of e<6$u"t#o! of $&1#!#"tr$t#ve re1e&#e".7>
2.
Q: What a( th li2itatio#s o# E$%icial ( 6i w? A: 1. *inal and e.ecutory decisions cannot be made the sub1ect of 1udicial review. 2. dministrative acts involving a political 3uestion are beyond 1udicial review( e<cept when there is an allegation that there has been grave abuse of discretion. 3. Courts are generally bound by the findings of fact of an administrative agency. Q: Is th ($l that "i#%i#4s o" "acts '3 a%2i#ist(ati6 a4 #ci s a( 'i#%i#4 o# th co$(ts s$'E ct to a#3 ?c !tio#s? A : , R: Mes . >PN: FIPE V ,ES 1. *indings are vitiated by *raud( imposition( or collusion 2. Procedure which led to factual findings is Irregular 3. Palpable errors are committed
Q: What a( th 4(o$#%s which wo$l% wa((a#t th ( 6 (sal o" a%2i#ist(ati6 "i#%i#4? A: -I,S V )I/E 1. Aisapprehension of facts( or the agency overloo)ed certain facts of substance or value which if considered would affect the result of the case 2. Interferences made are manifestly mista)en( absurd( or impossible Lrave abuse of discretion *inding is Speculations( con1ectures grounded surmises( on or
3. !.
#.
Cights of the parties were pre1udiced because the findings were in 2iolation of the constitution( or in e.cess of statutory authority( vitiated by fraud( or mista)e Irregular procedures or violations of due process gency went <eyond the issues of the case and the same are contrary to the admissions of the parties or the evidence presented *indings not supported by substantial %vidence.
$. &.
,.
ELECTION LAW
J. ELECTION LAW Q: What is a# l ctio#? A: It is the selection of candidates to public office by popular vote of the people. Q: What a( th co2!o# #ts o" a# l ctio#? A: 1. Choice or selection of candidates to public office by popular vote 2. Conduct of the polls 3. "isting of votes !. Folding of electoral campaign #. ct of casting and receiving the ballots from the voters $. Counting the ballots &. Aa)ing the election returns ,. Proclaiming the winning candidates Q: What a( th t3! s o" l ctio#s? A: 1. Re.ul$r elect#o! @ refers to an election participated in by those who possess the right of suffrage( are not otherwise dis3ualified by law( and who are registered voters. a. N$t#o!$l -lect#o! E i. for President and 2P ii. for Senators b. Loc$l -lect#o!"E i. *or Aembers of F/C ii. Party0"ist Cepresentatives iii. Provincial /fficials iv. City /fficials v. Aunicipal /fficials c. :$r$!.$9 -lect#o!" d. 'RR7 -lect#o!"E i. *or Cegional Lovernor ii. Cegional 2ice Lovernor iii. Cegional ssemblymen e. 8$!...u!#$!.K$b$t$$! (8K) -lect#o!" 2. 8pec#$l elect#o! @ one held to fill a vacancy in office before the e.piration of the term for which the incumbent was elected.
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ELECTION LAW
a. Pleb#"c#teEelectoral process by which an initiative on the Constitution is approved or re1ected by the people. b. *!#t#$t#veEpower of the people to propose amendments to the Constitution or to propose and enact legislations through election called for the purpose i. Initiative on the Constitution ii. Initiative on Statutes iii. Initiative on "ocal "egisl ation c. Refere!&u1Epower of the electorate to approve or re1ect a piece of legislation through an election called for the purpose. i. Ceferendum on Statutes ii. Ceferendum on "ocal "aws d. Rec$llEmode of removal of an elective public officer by the people before the end of his term of office. Q: What a( th ($l s o# co#st($ctio# o" l ctio# laws? A :
CONSTRUCTION OF ELECTION LAW 1. :efore t6e elect#o! "aws for conduct of elections Aandatory 2. 'fter t6e elect#o! - Iirectory Aandatory and "aws for candidates strictly construed "iberally construed Procedural rules in favor of ascertaining the will of the elections
A: 'o give the voters a direct participation in the affairs of their public officials or in deciding some 3uestions of public interest. (Lu!$ v. Ro&r#.ue , G.R. No. L13+44, Nove1ber 29, 1918)
Q: Wh # will th co22 #c ?
l ctio# ! (io%
A: 'he election period shall commence +D days before the day of the election and shall end 3D days thereafter. (8ec. 3, :.P. 881 O1!#bu" -lect#o! Co&e) Q: What is th !$(!os o" a# l ctio#?
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a. SUFFRA,E Q: What is th (i4ht o" s$""(a4 ? A: It is the right to vote in the election of officers chosen by the people and in the determination of 3uestions submitted to the people. It includes8 1. %lection 2. Plebiscite 3. Initiative and !. Ceferendum Q: Is th a'sol$t ? (i4ht o" s$""(a4
Cegistration ct of 1++$.7('Fb$9$! Nout6 v. CO7-L-C, G.R. No. 14+/66, 7$r. 26, 2//1) Q: Who a( %isI$ali"i % to 6ot ? A: 1. Persons sentenced by final 1udgment to suffer imprisonment for not less than one year( unless pardoned or granted amnesty4 but right is reac3uired before e.piration of # years after service of sentence 2. Conviction by final 1udgment of any of the following crimes8 a. Crime involving disloyalty to the government b. ny crime against national security c. *irearms laws <ut right is reac3uired before e.piration of # years after service of sentence. 3. Insanity or incompetence declared by competent authority (8ec. 118, :.P. 881 O1!#bu" -lect#o! Co&e)
A: Go. Geedless to say( the e.ercise of the right of suffrage( as in the en1oyment of all other rights( is sub1ect to e.isting substantive and procedural re3uirements embodied in our Constitution( statute boo)s and other repositories of law. ('K:'N'NNO2?5 v. CO7-L-C, G.R. No. 14+/66, 7$rc6 26, 2//1)
'. QUALIFICATION AND DISQUALIFICATION OF )OTERS Q: What a( th I$ali"icatio#s "o( s$""(a4 ? A: 1. *ilipino citizenship 2. t least 1, years of age 3. Cesident of the Philippines for at least one year !. Cesident of the place where he proposes to vote for at least $ months4 and #. Got otherwise dis3ualified by law 98ec. 9, R.'. No. 8189) Q: What a( I$ali"icatio#s? th !(oc %$(al
upon certain procedural re3uirements he must undergo8 among others( the process of registration. Specifically( a citizen in order to be 3ualified to e.ercise his right to vote( in addition to the minimum re3uirements set by the fundamental charter( is obliged by law to register( at present( under the provisions of Cepublic ct Go. ,1,+( otherwise )nown as the 62oter;s
A: s to the procedural limitation( the right of a citizen to vote is necessarily conditioned
c. RE,ISTRATION OF )OTERS Q: Do s ( 4ist(atio# co#" ( th (i4ht to 6ot ? A: Go. It is but a condition precedent to the e.ercise of the right to vote. Cegistration is a regulation( not a 3ualification. (Nr$ v. 'b$!o, G.R. No. L3/18+, Nove1ber 10, 1928) Q: What is th "" ct o" t(a#s" ( o" ( si% #c ?
A: ny person( who transfers residence solely by reason of his occupation( profession or employment in private or public service( education( etc.( shall not be deemed to have lost his original residence. ('"#"t#o v. '.u#rre, G.R. No. 191124, 'pr#l 2+, 2/1/) Q: What is %o2icil ? A: place to which( whenever absent for business or for pleasure( one intends to return( and depends on facts and circumstances in the sense that they disclose intent. (Ro1u$l&e 7$rco" v". CO7-L-C, G.R. No. 1199+6, 8ept. 18, 1990) Q: What !$(!os s? is ( si% #c "o( l ctio#
A: It implies the factual relationship of an individual to a certain place. It is the physical presence of a person in a given area( community or country. *or election purposes the concepts of residence and domicile are dictated by the peculiar criteria of political laws. s these concepts have evolved in our election law( what has clearly and une3uivocally emerged is the fact that residence for election purposes is used synonymously with domicile. (*b#&.) Q: P titio# ( (a# co#4( ss2a# o" th Fi(st Dist(ict o" La4$#a. I# his CoC, h i#%icat % that his co2!l t S ?act a%%( ss is i# Sta. Rosa Cit3, La4$#a. )ic #t so$4ht th ca#c llatio# o" ! titio# (Hs COC a#% th latt (Hs %isI$ali"icatio# as a ca#%i%at o# th 4(o$#% o" a# all 4 % 2at (ial 2is( !( s #tatio# i# his CoC ( 4a(%i#4 his !lac o" ( si% #c , ' ca$s %$(i#4 !ast l ctio#s, h ha% % cla( % Pa4sa#Ea#, La4$#a as his a%%( ss, a#% Pa4sa#Ea# was locat % i# th 2ourth Dist(ict o" La4$#a a#% that )ic #t is 2 ( l3 l asi#4 a !(o! (t3 i# his all 4 % Sta.Rosa ( si% #c . Do s th co#stit$tio# ( I$i( that a ca#%i%at ' a !(o! (t3 ow# ( i# th %ist(ict wh ( h i#t #%s to ($#? A: Go. lthough it is true that the latest ac3uired abode is not necessarily the domicile of choice of a candidate( there is nothing in the Constitution or our election laws which re3uire a congressional candidate to sell a previously ac3uired home in one district and buy a new one in the place where he see)s to run in order to 3ualify for a congressional seat in that other district. Geither do we see the fact that 2icente was only leasing a residence in Sta. Cosa at the time of his candidacy as a barrier for him to run in that district. Certainly( the Constitution does not re3uire a congressional candidate to be a property owner in the district where he see)s to run but only that he resides in that district for at least a year prior to %lection Iay. 'o use ownership of property in the district as the determinative indicium of permanence of domicile or residence implies that only the landed can establish compliance with the residency re3uirement. 'his Court would be( in effect(
imposing a property re3uirement to the right to hold public office( which property re3uirement would be unconstitutional.
(4er!$!&e v. 5R-?, 18+4+8, ,ec. 29, 2 / / 9 ) Q: Who is a %o$'l = ( 4ist(a#t?
G.R.
No. to 6ot ? A: Mes( double registrants are
A: ny person who( being a registered voter( registers anew without filing an application for cancellation of his previous registration. (8ec. 26 (9)(6), O1!#bu" -lect#o! Co&e) Q: -a($ho2 ( 4ist ( % as a 6ot ( i# -a(awi o# 17 +$l3 1MM9. O#l3 th( %a3s a"t (, -a($ho2 a4ai# ( 4ist ( % as a 6ot ( i# -a(a#tao, witho$t "i(st ca#c li#4 h ( ( 4ist(atio# i# -a(awiR a#% o# 1A -a(ch 1MM8, -a($ho2 "il % h ( COC % cla(i#4 that sh was a ( 4ist ( % 6ot ( i# -a(a#tao a#% li4i'l to ($# as a ca#%i%at "o( th !ositio# o" 2a3o( o" sai% 2$#ici!alit3. Is sh still I$ali"i % to ($# "o( s$ch !ositio# i# -a(a#tao? A: Go. Fer prior registration ma)es her subse3uent registration null and void. She cannot be considered a registered voter in Aarantao and thus she made a false representation in her C/C when she claimed to be one. If a candidate states a material representation in the C/C that is false( the C/A%"%C is empowered to deny due course to or cancel the C/C. 'he person whose C/C is denied due course or cancelled under Section &, of the /%C is not treated as a candidate at all( as if such person never filed a C/C. Fowever( although Aaruhom;s registration in Aarantao is void( her registration in Aarawi still subsists. She may be barred from voting or running for mayor in the former( but she may still e.ercise her right to vote( or even run for an elective post( in the latter. (7$ru6o1 v. CO7-L-C, G.R. No. 1+943/, =ul9 2+, 2//9) Q: A( %o$'l ( 4ist(a#ts still I$ali"i %
still 3ualified to vote provided that C/A%"%C has to ma)e a determination on which registration is valid and which is void. C/A%"%C could not consider both registrations valid because it would then give rise to the anomalous situation where a voter could vote in two precincts at the same time. C/A%"%C laid down the rule in Ainute Cesolution Go. DD0 1#13 that while the first registration of any voter
subsists( any subse3uent registration thereto is void $b #!#t#o. (7$ru6o1 v. CO7-L-C, G.R. No. 1+943/, =ul9 2+, 2//9) Q: * "il % a ! titio# "o( th ca#c llatio# o" th c (ti"icat o" ca#%i%ac3 ;COC< o" >. Ess #tiall3, * so$4ht th %isI$ali"icatio# o" > "o( -a3o( o" So$th U!i, -a4$i#%a#ao, all 4i#4, that > was #ot a ( 4ist ( % 6ot ( i# th -$#ici!alit3 o" So$th U!i, -a4$i#%a#ao si#c h "ail % to si4# his a!!licatio# "o( ( 4ist(atio#, a#% that th $#si4# % a!!licatio# "o( ( 4ist(atio# has #o l 4al "" ct. I# ( "$tatio#, > ass 6 (at % that his "ail$( to si4# his a!!licatio# "o( ( 4ist(atio# %i% #ot a"" ct th 6ali%it3 o" his ( 4ist(atio# si#c h !oss ss s th I$ali"icatio#s o" a 6ot ( s t "o(th i# th O2#i'$s El ctio# Co% as a2 #% % '3 S ctio# @ o" R !$'lic Act A0A@. * i#sists that th si4#at$( i# th a!!licatio# "o( ( 4ist(atio# is i#%is! #sa'l "o( its 6ali%it3 as it is a# a$th #ticatio# a#% a""i(2atio# o" th %ata a!! a(i#4 th ( i#. Sho$l% > ' %isI$ali"i %? A: Mes. C. . ,1,+( 'he 2oter;s Cegistration ct of 1++$( specifically provides that an application for registration shall contain specimen signatures of the applicant as well as his@her thumbprints( among others. 'he evidence shows that J failed to sign very important parts of the application( which refer to the oath which J should have ta)en to validate and swear to the veracity of the contents appearing in the application for registration. Plainly( from the foregoing( the irregularities surrounding J;s application for registration elo3uently proclaims that he did not comply with the minimum re3uirements of C ,1,+. 'his leads to only one conclusion8 that J( not having demonstrated that he duly accomplished an application for registration( is not a registered voter. Fence( he must be dis3ualified to run for Aayor. (Gu!"# 8r. v. CO7-L-C, G.R. No. 168+92, 4eb. 23, 2//9) Q: CAC, whil o" l 4al a4 a#% o" so$#% 2i#%, is illit (at . H has as& % 3o$(
a%6ic o# how h ca# 6ot i# th co2i#4 l ctio# "o( his '(oth ( is ($##i#4 "o( 2a3o(. This will ' th "i(st ti2 CAC will 6ot a#% h has # 6 ( ( 4ist ( % as a 6ot ( ' "o( . What a%6ic will 3o$ 4i6 hi2 o# th !(oc %$( h # %s to "ollow i# o(% ( to ' a'l to 6ot ?
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A: 'he Constitution provides that until Congress shall have provided otherwise( illiterate and disabled voters shall be allowed to vote under e.isting laws and regulations 9 rt( 2( Sec. 2>. It is necessary for any 3ualified voter to register in order to vote. 9/mnibus %lection Code( Sec. 11#> In the case of illiterate and disabled voters( their voterRs affidavit may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by any member of the board of election inspectors who shall prepare the affidavit in accordance with the data supplied by the applicant. (8ec. 14, R.'. No. 8189) Q: What is th s3st 2 o" co#ti#$i#4
( 4ist(atio#? A8 ,R: It is a system where the application of registration of voters shall be conducted daily in the office hours of the election officer during regular office hours. >PN: Go registration shall be conducted during the period starting 12D days before a regular election and +D days before a special election (8ec. 8, R.'. 8189)
Not : 'he SC upheld C/A%"%C;s denial of the re3uest for two additional registration days in order to enfranchise more than ! million youth who failed to register on or before Iecember 2&( 2DDD. It is an accepted doctrine in administrative law that the determination of administrative agencies as to the operation( implementation and application of a law is accorded greatest weight( considering that these specialized government bodies are( by their nature and functions( in the best position to )now what they can possibly do or not do under prevailing circumstances ('Fb$9$! Nout6 v. CO7-L-C, G.R. No. 14+/66, 7$r. 26, 2//1)
Q: O# No6. 01, 1MMA ( s!o#% #t CO-ELEC iss$ % R sol$tio# A:0B s t D c. 1, 1MMA to D c.0:, 1MM@ as th ! (io% o" co#ti#$i#4 6ot ( ( 4ist(atio# $si#4 th 'io2 t(ics !(oc ss i# all a( as ?c !t AR--. S$'s I$ #tl3 CO-ELEC iss$ % R sol$tio# A:A: o# F '. 01, 1MM@ a%E$sti#4 th % a%li# o" 6ot ( ( 4ist(atio# "o( th -a3 0M, 1M0M #atio#al a#% local l ctio#s to Oct. 90, 1MM@ i#st a% o" D c. 0:, 1MM@ as !( 6io$sl3 "i? % '3 R sol$tio# A:0B. P titio# (s chall #4 th 6ali%it3 o" CO-ELEC R sol$tio#
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A:A: a#% s & th % cla(atio# o" its #$llit3. P titio# (s "$(th ( co#t #% that th CO-ELEC R sol$tio# A:A: is a# $#co#stit$tio#al #c(oach2 #t o# th l 4islati6 !ow ( o" Co#4( ss as it a2 #%s th s3st 2 o" co#ti#$i#4 6ot ( ( 4ist(atio# $#% ( S ctio# A o" RA A0A@. Is CO-ELEC R sol$tio# A:A: 6ali%? Di"" ( #tiat "(o2 th cas o" A&'a3a#= *o$th 6. CO-ELEC? A: In the present case( the Court finds no ground to hold that the mandate of continuing voter registration cannot be reasonably held within the period provided by C ,1,+ 9 bsentee 2oting>( Sec., - daily during the office hours( e.cept during the period starting 12D days before the Aay 1D(2D1D regular elections. 'here is thus no occasion for the C/A%"%C to e.ercise its power to fi. other dates or deadlines thereof. 'he present case differs significantly from the )bayan0Mouth vs. C/A%"%C. In the said case( the Court held that the C/A%"%C did not abuse its discretion in denying the re3uest of the therein petitioners for an e.tension of the Iec. 2&( 2DDD deadline of voter registration for the Aay 1!( 2DD1 elections. *or the therein petitioners filed their petition with the court within the 12D0day period for the conduct of voter registration under Sec. ,( C ,1,+( and sought the conduct of a two0 day registration of *eb. 1&( and 1,(2DD1( clearly within the 12D0day prohibited period. 'he clear import of the Court;s pronouncement in )bayan0Mouth is that had therein petitioners filed their petition and sought an e.tension date that was before the 12D0day prohibitive period( their prayer would have been granted pursuant to the mandate of C ,1,+ 9 bsentee 2oting>. In the present case( as reflected earlier( both the dates of filing of the petition 9/ctober 3D( 2DD+> and the e.tension sought 9until Kanuary +( 2D1D> are prior to the 12D day prohibitive period. 'he Court therefore( finds no legal impediment to the e.tension prayed for. (K$b$t$$! p$rt9l#"t v. CO7-L-C, G.R. No. 189868, ,ec. 10, 2//9)
Q: What 6oti#4?
is
a's #t
A: It is a process by which 3ualified citizens of the Philippines abroad e.ercise their right to vote pursuant to the constitutional mandate that
Congress shall provide a system for absentee voting by 3ualified *ilipinos abroad (8ec. 2, 'rt. ), 198+ Co!"t#tut#o!). bsentee voting is an e.ception to the si. month@one year residency re3uirement. (7$c$l#!t$l v. Ro1ulo, G.R. No. 10+/13, =ul9 1/, 2//3)
Not : 'he constitutionality of Sec. 1,.# of C. . +1,+ 9 bsentee 2oting> is upheld with respect only to the authority given to the C/A%"%C to proclaim the winning candidates for the Senators and party0list representatives but not as to the power to canvass votes and proclaim the winning candidates for President and 2ice0president. (*b#&.)
Not : Fowever( any person dis3ualified to vote under this subsection shall automatically ac3uire the right to vote upon e.piration of five 9#> years after service of sentence4 Provided further( that the Commission may ta)e cognizance of final 1udgments issued by foreign courts or
Q: Who a( I$ali"i % to 6ot $#% ( th a's #t 6oti#4 law? A: ll citizens of the Philippines abroad( who are not otherwise dis3ualified by law( at least eighteen 91,> years of age on the day of the elections( may vote for president( vice0president( senators and party0list representatives. (8ec. 4, R.'. 9189) Q: Who a( %isI$ali"i % "(o2 6oti#4 $#% ( th a's #t 6oti#4 law? A : 1. 'hose who have lost their *ilipino citizenship in accordance with Philippine laws4 'hose who have e.pressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country4 'hose who have committed and are convicted in a final 1udgment by a court or tribunal of an offense punishable by imprisonment of not less than one 91> year( including those who have committed and been found guilty of Iisloyalty as defined under rt. 13& of the Cevised Penal Code( such disability not having been removed by plenary pardon or amnesty4
2.
3.
tribunals only on the basis of reciprocity and sub1ect to the formalities and processes prescribed by the Cules of Court on e.ecution of 1udgments4
ballot at the embassy( consulate or other foreign service establishment that has 1urisdiction over the country where
!.
n immigrant or a permanent resident who is recognized as such in the host country

Not : n immigrant or permanent resident may vote if he@she e.ecutes( upon registration( an affidavit prepared for the purpose by the Commission declaring that he@she shall resume actual physical permanent residence in the Philippines not later than three 93> years from approval of his@her registration under this ct. Such affidavit shall also state that he@she has not applied for citizenship in another country. *ailure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the Gational Cegistry of bsentee 2oters and his@her permanent dis3ualification to vote in absentia.
#.
ny citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad( as verified by the Philippine embassies( consulates or foreign service establishments concerned
Not : 5nless such competent authority subse3uently certifies that such person is no longer insane or incompetent. (8ec. 0, 'b"e!tee )ot#!. L$%)
Q: How is ( 4ist(atio# %o# "o( a's #t 6ot (s? A: Cegistration as an overseas absentee voter shall be done in person (8ec. 6, R.'. 9189, 'b"e!tee )ot#!. L$%) Q: How shall 6oti#4 ' %o# ? A: 1. 'he overseas absentee voter shall personally accomplish his@her
he@she temporarily resides or at any polling place designated and accredited by the Commission. (8ec. 16, R.'. 9189 'b"e!tee )ot#!. L$%) 2. 'he overseas absentee voter may also vote by mail. (R.'. 9189 'b"e!tee )ot#!. L$%)
Q: Wh # 2a3 6oti#4 '3 2ail ' allow %? A: 2oting by mail may be allowed in countries that satisfy the following conditions8 1. 2. 3. ?here the mailing system is fairly well0 developed and secure to prevent the occasion of fraud ?here there e.ists a technically established identification system that would preclude multiply or pro.y voting4 and ?here the system of reception and custody of mailed ballots in the embassies( consulates and other foreign service establishments concerned are ade3uate and well0secured.
'hereafter( voting by mail in any country shall be allowed only upon review and approval of the Koint Congressional /versight Committee. (8ec. 1+.1, R.'. No. 9189 'b"e!tee )ot#!. L$%) Q: How will th co$#ti#4 a#% ca#6assi#4 o" th 6ot s ' %o# ? A: 1. It shall be conducted in the country where the votes were actually cast. 'he opening of the specially0mar)ed envelopes containing the ballots and the counting and canvassing of votes shall be conducted within the premises of the embassies( consulates and other foreign service establishments or in such other places as may be designated by the C/A%"%C pursuant to the Implementing Cules and Cegulations. 'he C/A%"%C shall ensure that the start of counting in all polling places abroad shall be synchronized with the start of counting in the Philippines. 'he C/A%"%C shall constitute as many Special <oards of %lection Inspectors as may be necessary to conduct and supervise the counting of votes.
2.
3.
Immediately upon completion of the counting( the Special <oards of %lection Inspectors shall transmit via facsimile and@or electronic mail the results to the Commission in Aanila and the accredited ma1or political parties. (8ec. 18, R.'. 9189 'b"e!tee )ot#!. L$%)
Q: Who 2a3 "il a ! titio# i# a# i#cl$sio# o( ?cl$sio# !(oc %i#4s? A: 1.
Q: Ca# th ca#6ass o" th o6 (s as a's #t 6ot s % la3 th !(ocla2atio# o" wi## (s? A: Go( if the outcome of the election will not be affected by the results thereof. Gotwithstanding the foregoing( the C/A%"%C is empowered to order the proclamation of winning candidates despite the fact that the scheduled election has not yet ta)en place in a particular country or countries( if the holding of elections therein has been rendered impossible by events( factors( and circumstances peculiar to such country or countries( and which events( factors and circumstances are beyond the control or influence of the C/A%"%C. (8ec. 18, R' 9189 'b"e!tee )ot#!. L$%) Q: What &i#% %o th Phili!!i# s ha6 ? A : 1. 2. 3. Continuing Computerized4 and Permanent o" ( 4ist(atio# s3st 2
Inclusion a. ny private person whose application was disapproved by the %lection
%. INCLUSION AND E>CLUSION PROCEEDIN,S Q: Which co$(t has E$(is%ictio# o6 ( i#cl$sio# ?cl$sio# %i#4s?
a#% !(oc A : 1. 2. 3.
A'C 0 original and e.clusive C'C 0 appellate 1urisdiction SC 0 appellate 1urisdiction over C'C on 3uestion of law
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b.
Cegistration <oard or whose name was stric)en out from the list of voters C/A%"%C
. POLITICAL PARTIES Q: What is a !olitical !a(t3? A: political party is any organized group of citizens advocating an ideology or platform(
2. %.clusion a. ny registered voter in the city or municipality b. Cepresentative of political party c. %lection officer d. C/A%"%C (:P 881 O1!#bu" -lect#o! C o & e ) Q: What is th ! (io% "o( "ili#4 a ! titio# i# a# i#cl$sio# o( ?cl$sio# !(oc %i#4? A : 1. Inclusion 0 any day e.cept 1D# days before regular election or &# days before a special election. (CO7-L-C Re"o. No. 882/) %.clusion 0 anytime e.cept 1DD days before a regular election or $# days before a special election. (CO7-L-C Re"o. No. 9/21)
2.
Q: Do % cisio#s i# a# i#cl$sio# o( ?cl$sio# !(oc %i#4s acI$i( th #at$( o" res &udicata? A: Go. 'he proceedings for the e.clusion or inclusion of voters in the list of voters are summary in character. %.cept for the right to remain in the list of voters or for being e.cluded therefrom for the particular election in relation to which the proceedings had been held( a decision in an e.clusion or inclusion proceeding( even if final and unappealable( does not ac3uire the nature of res 1udicata. In this sense( it does not operate as a bar to any further action that a party may ta)e concerning the sub1ect passed upon in the proceeding. 'hus( a decision in an e.clusion proceeding would neither be conclusive on the voter;s political status( nor bar subse3uent proceedings on his right to be registered as a voter in any other election. (,o1#!o v". CO7-L-C, G.R. No. 134/10, =ul9 19, 1999)
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principles and policies for the general conduct of government and which( as the most immediate means of securing their adoption( regularly nominates and supports certain of its leaders and members as candidate in public office. 'o ac3uire 1uridical personality and to entitle it to rights and privileges granted to political parties( it must be registered with C/A%"%C. (8ec. 3 (c), R.'. +941 ) Q: What is a s cto(al !a(t3? A: sectoral party refers to an organized group of citizens belonging to any of the sectors enumerated in Section #( C &+!1 whose principal advocacy pertains to the special interest and concerns of their sector. (8ec. 3 (&), R.'. +941 ) Q: What is o(4a#i5atio#? a s cto(al
cast under the party0list system in the two 92> preceding elections for the constituency in which it has registered. (8ec. 6, R.'. +941)
It violates or fails to comply with laws( rules or regulations relating to elections $. It declares untruthful statements in its petition &. It has ceased to e.ist for at least one 91> y e a r4 o r ,. It fails to participate in the last two 92> preceding elections or fails to obtain at least two per centum 92B> of the votes
#.
A: sectoral organization refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics( employment( interests or concerns. (8ec. 3 (e), R.'. +941) Q: What a( th 4(o$#%s "o( th ( "$sal a#%So( ca#c llatio# o" ( 4ist(atio# o" a !olitical !a(t3? A : 1. It is a religious sect or denomination( organization or association( organized for religious purposes It advocates violence or unlawful means to see) its goal It is a foreign party or organization It is receiving support from any foreign government( foreign political party( foundation( organization( whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes
2. 3. !.
". CANDIDATES 0. Q$ali"icatio#s o" Ca#%i%at s Q: What a( th I$ali"icatio#s "o( P( si% #t a#% )ic P( si% #t o" th Phili!!i# s? A: 1. 2. 3. !. #. Gatural0born citizen of the Philippines Cegistered voter ble to read and write t least !D years of age at the day of election nd a resident of the Philippines for at least ten years immediately preceding such election. (8ec. 63, :.P. No. 881 O1!#bu" -lect#o! Co&e) th I$ali"icatio#s o" l cti6 local
Q: What a( o""icials? A: 1. 2.
3. !.
Aust be a citizen of the Philippines registered voter in the barangay( municipality( city( or province or( in the case of a member of the sangguniang panlalawigan( sangguniang panlungsod( or sanggunian bayan( the district where he intends to be elected resident therein for at least one 91> year immediately preceding the day of the election nd able to read and write *ilipino or any other local language or dialect. (8ec. 39, R.'. No. +16/ Loc$l Gover!1e!t Co&e of t6e P6#l#pp#!e")
Q: What a( th 4(o$#%s "o( %isI$ali"icatio# o" a ca#%i%at ? A: 1. 2. Ieclared as incompetent or insane by competent authority Convicted by final 1udgment for subversion( insurrection( rebellion( or any offense for which he has been sentenced to a penalty of 1, months imprisonment
3. !. the #.
Convicted by final 1udgment for a crime involving moral turpitude %lection offenses under Sec. $, of
Not : C/C may be amended before the elections( even after the date of its filing
/mnibus %lection Code Committing acts of terrorism to enhance candidacy $. Spending in his election campaign an amount in e.cess of that allowed &. Soliciting( receiving( ma)ing prohibited contributions ,. Got possessing 3ualifications and possessing dis3ualifications under the "ocal Lovernment Code +. Sentenced by final 1udgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment within two years after serving sentence 1D. Cemoved from office as a result of an administrative case 11. Convicted by final 1udgment for violating the oath of allegiance to the Cepublic 12. Iual citizenship 9more specifically( dual allegiance> 13. *ugitives from 1ustice in criminal or non0 political cases here or abroad 1!. Permanent residents in a foreign country or those who have ac3uired the right to reside abroad and continue to avail of the same right 1#. Insane or feeble0 minded 1$. Guisance candidate 1&. 2iolation of Sec. &3 /%C with regard to C/C 1,. 2iolation of Sec. &,8 material misrepresentation in the C/C
Not : ?hen a candidate has not yet been dis3ualified by final 1udgment during the election day and was voted for( the votes cast in his favor cannot be declared stray. (Co&#ll$ v. ,e )e!ec#$, G.R. No. 10/6/0, ,ec. 1/, 2//2)
1. Fili#4 o" C (ti"icat s o" Ca#%i%ac3 Q: What is a c (ti"icat o" ca#%i%ac3 ;CoC<? A: It is the formal manifestation to the whole world of the candidate;s political creed or lac) of political creed.
Provisions of the election law on certificates of candidacy are mandatory in terms. Fowever( after the elections( they are regarded as directory so as to give effect to the will of the electorate. (8$9$'!. 8r. v. CO7-L-C, G.R. No. 100/8+, Nove1ber 28, 2//3)
effect. 'he candidate shall continue to hold office( whether he is running for the same or a different position. (8ec. 14, 4$#r -lect#o!" 'ct e<pre""l9 repe$le& 8ec. 6+ of :P 881)
Q: What is th !$(!os o" th law i# ( I$i(i#4 th "ili#4 o" c (ti"icat o" ca#%i%ac3 a#% i# "i?i#4 th ti2 li2it th ( "o(? A : 1. 'o enable the voters to )now( at least $D days before the regular election( the candidates among whom they have to choose( and 'o avoid confusion and inconvenience in the tabulation of the votes cast. 97#r$!&$ v. 'b$9$, G.R. No. 136301, =ul9 28, 1999)
2.
Q: Ja Ro4 ( w #t to La4$#a to "il his COC. Th l ctio# o""ic ( ( "$s % to ( c i6 Ja Ro4 (Hs CoC ' ca$s h s &s to achi 6 his 4oals th(o$4h 6iol #c . Is th ( "$sal 6ali%? A: Go. It is the ministerial duty on the part of the election officer to receive and ac)nowledge receipt of the CoC. 'he 3uestion of whether or not a person is dis3ualified belongs to another tribunal in an appropriate dis3ualification case. Q: What is th "" ct o" "ili#4 a c (ti"icat o" ca#%i%ac3 o# th t #$( o" i#c$2' #t 4o6 (#2 #t o""icials? A : 1. 'ppo#!t#ve off#c#$l - Sec. $$ of the /%C provides that any person holding an appointive office or position( including active members of the rmed *orces of the Philippines( and officers and employees in L/CCs( shall be considered ipso facto C%SILG%I from his office upon the filing of his certificate of candidacy. Such resignation is irrevocable. -lect#ve off#c#$l Go
2.
Q: Do th % 2 %=( si4# % !(o6isio#s which a( a!!lica'l to a!!oi#ti6 o""icials a#% #ot with l cti6 o""icials 6iolat th I$al !(ot ctio# cla$s o" th co#stit$tio#? A: Go. 'he legal dichotomy created by the "egislature is a reasonable classification( as there are material and significant distinctions between the two classes of officials. 'his is because elected public officials( by the very nature of their office( engage in partisan political activities almost all year round( even outside of the campaign period. Political partisanship is the inevitable essence of a political office( elective positions included. 'he e3ual protection of the law clause in the Constitution is not absolute( but is sub1ect to reasonable classification. Substantial distinctions clearly e.ist between elective officials and appointive officials. 'he former occupy their office by virtue of the mandate of the electorate. 'hey are elected to an office for a definite term and may be removed therefrom only upon stringent conditions. /n the other hand( appointive officials hold their office by virtue of their designation thereto by an appointing authority. Some appointive officials hold their office in a permanent capacity and are entitled to security of tenure while others serve at the pleasure of the appointing authority. (>u#!to v. CO7-L-C, 4eb. 22, 2/1/, G.R. 189698) Q: What is th ( c i6i#4 CoC s? %$t3 o" th CO-ELEC i#
/ % C 2. Pet#t#o! to &e!9 &ue cour"e or to c$!cel $ COCESec. &, of the /%C 3. *iling of a dis3ualification case on any of the grounds enumerated in Section $,( /%C.
A : ,R: ?hen a candidate files his C/C( the C/A%"%C has a ministerial duty to receive and ac)nowledge its receipt pursuant to Section &$( of the %lection Code. 'he C/A%"%C may not( by itself( without the proper proceedings( deny due course to or cancel a C/C filed in due form. (Lu!$ v". CO7-L-C, G.R. No. 160983, 'pr#l 24, 2//+) >PN : 1. Nu#"$!ce c$!&#&$te"ESec. $+ of the
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Q: Ca# 3o$ with%(aw th CoC? A: Mes. person who has filed a CoC may( prior to the election( withdraw the same by submitting to the office concerned 9C/A%"%C> a written declaration under oath. (8ec. +3, O1!#bu" -lect#o! Co&e) Q: O# th last %a3 o" "ili#4 a CoC, -a(ch 90, +os -o#sal with%( w his CoC. A!(il 0, ca2!ai4# ! (io% sta(t %. O# A!(il 1, h wa#t % to ($# a4ai# so h "il % a w(itt # % cla(atio# with%(awi#4 his with%(awal. Is his act o" with%(awi#4 th with%(awal 6ali%? A: Go. 'he withdrawal of the withdrawal of the CoC made after the last day of filing is considered as filing of a new CoC. Fence( it was not allowed since it was filed out of time. (7o!"$le v. N#co, G.R. No. L2039, 7$9 28, 1949) Q: E?!lai# th ca#%i%ac3G. co#c !t o" Fs$'stit$tio# o"
A: If $fter t6e l$"t &$9 for the filing of certificates of candidacy( an official candidate of a political party8 91> dies( 92> withdraws or is 93> dis3ualified for any causeEa person belonging to( and certified by( the same political party may file a certificate of candidacy not later than mid0day of election day to replace the candidate who died( withdrew or was dis3ualified. (CO7-L-C Re"o. No. 914/)
Not : Fowever( no substitution shall be allowed for any
independent candidate. (*b#&.)
Q:
What
a(
th
( I$isit s
"o(
6ali%
s$'stit$tio#? A: ,R: 1. 'he substitute must belong to the same party 2. 'he deceased( dis3ualified or withdrawn candidate must have duly file a valid certificate of candidacy. (*b#&.) >PN: 'his does not include those cases where the certificate of candidacy of the person to be substituted had been denied due course and canceled under Section &, of the /mnibus
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%lection Code. ?hile the law enumerated the occasion where a candidate may be validly substituted( there is no mention of the case where a candidate is e.cluded not only by dis3ualification but also by denial and cancellation of his certificate of candidacy. (O!. v. 'le.re, G.R. No. 163290, =$!u$r9 23, 2//6) Q: Wh # 2a3 s$'stit$tio# ta& !lac ? A: Substitution can only ta)e place on the first day of campaign period until not later than mid0 day of election day. (CO7-L-C Re"o. No. 914/) Q: -a(ti# % ,$52a# %i % whil ca2!ai4#i#4. His so# s$'stit$t % hi2. )ot (s o# th %a3 o" th l ctio# w(ot -a(ti# % ,$52a# i#st a% o" casti#4 th sa2 i# th #a2 o" his so#, +o l % ,$52a#. Sho$l% th 6ot s ' co$#t % i# "a6o( o" +o l? A: Mes. s a general rule( the same will be considered as stray votes but will not invalidate the whole ballot. %.ception is when the substitute carries the same family name. (8ec. 12, R.' 9//6) Q: I# th 0@@A l ctio#, -a3o( -i(a#%a al( a%3 s (6 % A co#s c$ti6 t (2s, 3 t h still "il % a CoC. As a ( s$lt, A'a3a "il % a %isI$ali"icatio# cas . CO-ELEC th # %isI$ali"i % -i(a#%a a#% ca#c ll % his CoC. Th so# o" -i(a#%a, +o l, $!o# #o2i#atio# o" th i( !olitical !a(t3, "il % a c (ti"icat o" s$'stit$t . +o l -i(a#%a wo#. Was th s$'stit$tio# 6ali%? A: 'here was no valid substitution. C/A%"%C did not only dis3ualify Airanda but also cancelled his CoC. 'herefore( he cannot be validly substituted. dis3ualified candidate may only be substituted if he had a valid CoC because if the dis3ualified candidate did not have a valid and seasonably filed CoC( he is and was not a candidate at all. (7#r$!&$ v. 'b$9$, G.R. No. 136301, =ul9 28, 1999 ) Q: Si#c th ( was #o 6ali% s$'stit$tio#,
sho$l% th ca#%i%at who o'tai# % th s co#% hi4h st 6ot ' !(oclai2 %? Who will th # ass$2 th !ositio# o" 2a3o(shi!? A: Go. 5nder the doctrine on the re1ection of second placer( the second placer is 1ust li)e that E
second placer. Fe was not the choice of the electorate. 'he wreath of victory cannot be transferred to the repudiated loser. *ollowing the rule on succession( it is the 2ice0Aayor who will assume the position of mayorship. (C$9$t v. CO7-L-C, G.R. No. 163++6, 'pr. 24, 2/1/) Q: What is th "" ct o" ( acI$isitio# o" Phili!!i# citi5 #shi! as to th %o2icil S( si% #c ( I$i( 2 #t "o( ($##i#4 as a 2a3o(alt3 ca#%i%at ? A: Ceac3uisition of Philippine citizenship under C. . +22# has no automatic impact or effect on a candidate;s residence@domicile. Fe merely has an option to again establish his domicile in the municipality( which place shall become his new domicile of choice. 'he length of his residence therein shall be determined from the time he made it his domicile of choice and it shall not retroact to the time of his birth. (=$p"o! v. CO7-L-C, G.R .No. 18//88, =$!. 19,2//9) Q: -a3 a s co#% !lac ( ' % cla( % l ct %? A: ,R: Go. >PN: 1. If the one who obtained the highest number of votes is dis3ualified and 2. 'he electorate is fully aware in fact and in law of the candidate;s dis3ualification so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favor of the ineligible candidate. (Gre.o v. CO7-L-C, G. R. No. 120900, =u!e 19, 199+) Q: What is th "" ct o" "ili#4 two c (ti"icat s o" ca#%i%ac3? A: *iling of two 92> certificates of candidacy dis3ualifies the person to run for both elective positions. (8ec. +3, :.P. 881 O1!#bu" -lect#o! Co&e)
Q: Who 2a3 ' ca#%i%at ?
co#si% ( % a #$isa#c
A: 'hey are candidates who have no bona fide intention to run for the office for which the C/C has been filed and would thus prevent a faithful election. nd upon showing that8 1. 2. 3. Said certificate has been filed to put the election process in moc)ery or disrepute 'o cause confusion among the voters by the similarity of the names of the registered candidates4 or <y other circumstances or acts which demonstrate that a candidate has no bo!$ f#&e intention to run for the office for which his certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate. (?$C$!$! v. CO7-L-C, G.R. No. 1/4443, 'pr. 13, 1992)
votes to be proclaimed winner( since he was
the
'he C/A%"%C may( 1otu propr#o or upon verified petition of an interested party( refuse to give due course to or cancel a certificate of candidacy upon showing of the above0 stated circumstances. (8ec. 69, :.P. 881 O1!#bu" -lect#o! Co&e) Q: A a#% / w ( th o#l3 ca#%i%at s "o( 2a3o( o" /i4aa, /$laca# i# th -a3 0@@: local l ctio#s. A o'tai# % 0M,MMM 6ot s as a4ai#st 9,MMM 6ot s "o( /. I# th sa2 l ctio#s, > 4ot th hi4h st #$2' ( o" 6ot s a2o#4 th ca#%i%at s "o( th Sa#44$#ia#4 /a3a# o" th sa2 tow#. A %i % th %a3 ' "o( his !(ocla2atio#. 0. 1. Who sho$l% th /oa(% o" Ca#6ass (s !(oclai2 as l ct % 2a3o(, A, / o( >? E?!lai#. Who is #titl % to %ischa(4 th "$#ctio#s o" th o""ic o" th 2a3o(, / o( >? E?!lai#.
A: It is who should be proclaimed as winner( because he was the one who obtained the highest number of votes for the position of mayor( but a notation should be made that he died for the purpose of applying the rule on succession to office. 1. < cannot be proclaimed( because the death of the candidate who obtained the highest number of votes does not entitle the candidate who obtained the ne.t highest number of
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not the choice of the electorate. J is not entitled to be proclaimed elected as mayor( because he ran for the Sangguniang <ayan. 2. Geither < nor J is entitled to discharge the functions of the office of mayor. < is not entitled to discharge the office of mayor( since he was defeated in the election. J is not entitled to discharge the office of mayor. 5nder Section !! of the "ocal Lovernment Code( it is the vice mayor who should succeed in case of permanent vacancy in the office of the mayor. It is only when the position of the vice mayor is also vacant that the member of the Sangguniang <ayan who obtained the highest number of votes will succeed to the office of mayor. 9:e!#to v. CO7-L-C, G.R. No. 1/6/03 'u.. 1+, 1994)
Q: Wh # ca# a ! (so# "il a ! titio# to % #3 %$ co$(s to o( ca#c l a c (ti"icat o" ca#%i%ac3? A: verified petition see)ing to deny due course or to cancel a certificate of candidacy may be filed by the person e.clusively on the ground that any material representation contained therein as re3uired under Section &! of the /mnibus %lection Code is false. 'he petition may be filed at any time not later than twenty0five 92#> days from the time of the filing of the c ertificate of candidacy and shall be decided( after due notice and hearing( not later than fifteen days before the election.
4. CA-PAI,N 0. P( 2at$( Ca2!ai4#i#4 Q: What is a# l ctio# ca2!ai4#? A: It refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include8 1. *orming organizations( associations( clubs( committees or other groups of persons for the purpose of soliciting votes and@or underta)ing any campaign for or against a candidate 2. Folding political caucuses( conferences( meetings( rallies( parades( or other
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similar assemblies( for the purpose of soliciting votes and@or underta)ing any campaign or propaganda for or against a candidate 3. Aa)ing 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 candidate4 or #. Iirectly or indirectly soliciting votes( pledges or support for or against a candidate (8ec. +9, :.P. 881 O1!#bu" -lect#o! Co&e).
Not : 'he foregoing enumerated acts if 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 shall not be considered as election campaign or partisan election activity. Public e.pressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or criticisms against probable candidates proposed to be nominated in a forthcoming political party convention shall not be construed as part of any election campaign or partisan political activity contemplated under the /%C. (8ec. +9, :.P. 881 O1!#bu" -lect#o! Co&e)
A: It shall be unlawful for any person( whether or not a voter or candidate( or for any party( or association of persons( to engage in an election campaign or partisan political activity e.cept during the campaign period. (8ec. 8/, :.P. 881).
Q: Disc$ss th ca2!ai4# A : 1. 2. 3. !. 0(2)
! (io% o"
Pre"#&e!t#$l $!& )#ce pre"#&e!t#$l elect#o! - +D days4 -lect#o! of 1e1ber" of t6e Co!.re"" $!& loc$l elect#o! - !# days4 :$r$!.$9 -lect#o! - 1# days 8pec#$l elect#o! u!&er 'rt. )***, 8ec. of t6e Co!"t#tut#o! - !# days
Not : 'he campaign periods shall not include the day before and the day of the election (8ec. 3 O-C)
Q: What is th ca2!ai4#i#4?
($l
a4ai#st !( 2at$(
'he use of lawful election propaganda under the *air %lections ct is sub1ect to the supervision and regulation by the C/A%"%C in order to prevent premature campaigning and to e3ualize( as much as practicable( the situation of all candidates by preventing popular and rich candidates from gaining undue advantage in e.posure and publicity on account of their resources and popularity. (C6$ve v. CO7-L-C, G.R. No. 162+++, 'u.u"t 31, 2//4) Q. P titio# ( P # (a a#% ( s!o#% #t A#%a#a( (a# "o( 2a3o( o" Sta. -o#ica, S$(i4ao D l No(t %$(i#4 th -a3 0B, 1MM8 l ctio#s. P # (aHs !olitical !a(t3 h l% a 2oto(ca% !( c %i#4 th "ili#4 o" h ( c (ti"icat o" ca#%i%ac3 a##o$#ci#4 h ( ca#%i%ac3 "o( 2a3o(. / ca$s o" this, A#%a#a( "il % a ! titio# to %isI$ali"3 P # (a "o( #4a4i#4 i# !( 2at$( ca2!ai4#i#4 i# 6iolatio# o" S c.AM a#% 7A o" th O2#i'$s El ctio# Co% . Do s th act o" ca2!ai4#i#4 "o( 6ot s i22 %iat l3 !( c %i#4 th "ili#4 o" c (ti"icat o" ca#%i%ac3 6iolat th !(ohi'itio# a4ai#st !( 2at$( ca2!ai4#i#4? A. 'he campaign period for local officials begin on 3D Aarch 2DD& and ends on 12 Aay 2DD&. Penera filed her certificate of candidacy on 2+ Aarch 2DD&. Penera was thus a candidate on 2+ Aarch 2DD+ only for purposes of printing the ballots under Sec.11 of C. . ,!3$./n 2+ Aarch 2DD&( the law still did not consider Penera a candidate for purposes other than the printing of ballots. cts committed by Penera prior to 3D Aarch 2DD&( the date when she became a Hcandidate(H even if constituting election campaigning or partisan political activities( are not punishable under Section ,D of the /mnibus %lection Code. Such acts are within the realm of a citizen;s protected freedom of e.pression. cts committed by Penera within the campaign period are not covered by Section ,D as Section ,D punishes only acts outside the campaign period. In layman;s language( this means that a
candidate is liable for an election offense only for acts done during the campaign period( not before. 'he law is clear as daylight E any election offense that may be committed by a candidate under any election law cannot be committed before the
start of the campaign period. (Pe!er$ CO7-L-C, G.R. No. 181613, Nov. 20, 2//9) Q: Wh # ca# ca#%i%at ? a ! (so# '
v.
co#si% ( %
A8 candidate refers to any person aspiring for or see)ing an elective public office( who has filed a certificate of candidacy by himself or through an accredited political party( aggroupment or coalition of parties. Fowever( it is no longer enough to merely file a certificate of candidacy for a person to be considered a candidate because Hany person who files his certificate of candidacy within the filing period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy.H ny person may thus file a certificate of candidacy on any day within the prescribed period for filing a certificate of candidacy yet that person shall be considered a candidate( for purposes of determining one;s possible violations of election laws( only during the campaign period. (Pe!er$ v. CO7-L-C, G.R. No. 181613, Nov. 20, 2//9)
/mnibus %lection Code or this ct. (8ec. 3, R.'. No. 9//6)
1. P(ohi'it % Co#t(i'$tio#s Q: What a( co#si% ( % as law"$l l ctio# !(o!a4a#%a? A : 1. 2. 3. ft.>. ?ritten printed materials 9does not e.ceed , Y in. width by 1! in. length> Fandwritten@printed letters Posters 9not e.ceeding 2 . 3 Fowever( a public meeting or rally( at the site and on the occasion of a public meeting or rally( may be displayed five 9#> days before the date of rally but shall be removed within 2! hours after said rally Print ads - Z page in broadsheets and Y page in tabloids thrice a wee) per newspaper( magazine or other publication during the campaign period4 <roadcast media 9#.e. '2 and radio> ll other forms of election propaganda not prohibited by the
!.
#. $.
ALLOWA/LE CO-ELEC AIR TI-E FOR CANDIDATES ;Fai( El ctio#s LOCA NATIONAL POSITIONS L POSITION 12D minutes for '2 $D minutes for '2 1,D minutes for radio Not : C/A%"%C cannot compel newspapers of general circulation to donate free print space as C/A%"%C space without payment of 1ust compensation. Such compulsion amounts to ta)ing4 hence( it is an e.ercise of eminent domain and not of police power 9P6#l#pp#!e Pre"" *!"t#tute v. CO7-L-C, G.R. No. 119694, 7$9 22, 1990). 'he payment of 1ust compensation is now e.pressly provided under sec. & of the *air %lections ct. Fowever( all broadcasting stations( whether by radio or television stations( which are licensed by the government( do not own the airways and fre3uencies4 they are merely given the temporary privilege of using them. franchise is a privilege sub1ect to amendment( and the provision of <P ,,1 granting free airtime to the C/A%"%C is an amendment of the franchise of radio and television stations 9'elecommunications $!& :ro$&c$"t 'ttor!e9" of t6e P6#l#pp#!e" v. CO7-L-C, G.R. No. 132922, 'pr. 21, 1998). Payment of 1ust compensation is not necessary since it is a valid e.ercise of police power. +D minutes for radio
Q: A CO-ELEC ( sol$tio# !(o6i% s that !olitical !a(ti s s$!!o(ti#4 a co22o# s t o" ca#%i%at s shall ' allow % to !$(chas Eoi#tl3 ai( ti2 a#% th a44( 4at a2o$#t o" a%6 (tisi#4 s!ac !$(chas % "o( ca2!ai4# !$(!os s shall #ot ?c % that allott % to oth ( !olitical !a(ti s o( 4(o$!s that #o2i#at % o#l3 o# s t o" ca#%i%at s. Th ( sol$tio# is chall #4 % as a 6iolatio# o" th "( %o2 o" s! ch a#% o" th !( ss. Is th ( sol$tio# co#stit$tio#all3 % " #si'l ? E?!lai#. A: Mes( the resolution is constitutionally defensible. 5nder Sec. !( rt. IJ0C of the 1+,& Constitution( during the election period the C/A%"%C may supervise or regulate the media of communication or information to ensure e3ual opportunity( time( and space among candidates with the ob1ective of holding free( orderly( honest( peaceful( and credible elections. 'o allow candidates who are supported by more than one
political party to purchase more air time and advertising space than candidates supported by one political party only will deprive the latter of e3ual time and space in the media. Alt (#ati6 A#sw (: Go. lthough the e.penditure limitation applies only to the purchase of air time( thus leaving political parties free to spend for other forms of campaign( the limitation nonetheless results in a direct and substantial reduction of the 3uantity of political speech by restricting the number of issues that can be discussed( the depth of their discussion and the size of the audience that can be reached( through the broadcast media. Since the purpose of the *ree Speech Clause is to promote the widest possible dissemination of information( and the reality is that to do this re3uires the e.penditure of money( a limitation on e.penditure for this purpose cannot be 1ustified( not even for the purpose of e3ualizing the opportunity of political candidates. (Go! $le v. CO7-L-C, G.R. No. L28+83, 'pr. 18, 1969) Q: What a( i#cl$% % as co#t(i'$tio#s a#% ?! #%it$( s? A : 1. 2. 3. !. #. $. &. gift Ionation Subscription "oan dvance or deposit of money or anything of value contract( promise or agreement of contribution( whether or not legally enforceable 5se of facilities voluntarily donated by other persons( the money value of which can be assessed based on the rates prevailing in the area Aade for the purpose of influencing the results of the elections l cto(al
A: 'hose made directly or indirectly by any of the following8 1. Public or private financial institutions 9e.cept loans to a candidate or political party> 2. Public utilities or those e.ploiting natural resources of the nation 3. Persons with contracts to supply the government with goods or services or to perform construction or other wor)s !. Lrantees of franchises( incentives( e.emptions( allocations( or similar privileges or concessions by the government #. Persons who( within one year prior to the date of the election( have been granted loans or other accommodations in e.cess of P1DD(DDD by the government $. %ducational institutions which have received grants of public funds not less than P1DD(DDD &. /fficials or employees in the Civil Service or members of the rmed *orces of the Philippines4 and ,. *oreigners and foreign corporations. (8ec. 90, :.P. 881 O1!#bu" -lect#o! Co&e) Q: What a( !(ohi'it % 2 a#s o" (aisi#4 "$#%s? A: 1.
,.
Not : Ioes not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. (8ec. 94, O-C)
Folding any of the following activities8 a. Iances b. "otteries c. Coc)fights d. Lames e. <o.ing bouts f. <ingo g. <eauty contests h. %ntertainments i. Cinematographic( theatrical( or other performances 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 an election day.
Q: What a( co#t(i'$tio#s?
!(ohi'it %
2.
It shall also be unlawful for any person or organization to solicit
and@or accept from any candidate for public office any gift( food( transportation( contribution or donation in cash or in )ind form the commencement of the election period and including election day( e.cept
normal and customary religious stipends( tithes( or collections. (8ec. 9+, O-C) Q: What a( law"$l ?! #%it$( s? A: 1. *or traveling e.penses 2. Compensation of campaigners( cler)s( stenographers( messengers and other persons actually employed in the campaign 3. 'elegraph and telephone tolls( postage( freight and e.press delivery charges !. Stationery( printing and distribution of printed matters relative to candidacy #. %mployment of watchers at the polls $. Cent( maintenance and furnishing of campaign head3uarters( office or place of meetings &. Political meetings or rallies ,. dvertisements +. %mployment of counsel( the cost of which shall not be ta)en into account in determining the amount of e.penses which a candidate or political party may have incurred 1D. Copying and classifying list of voters( investigating and challenging the right to vote of persons registered in the lists( the cost of which shall not be ta)en into account in determining the amount of e.penses which a candidate or political party may have incurred 11. Printing sample ballots( the cost of which shall not be ta)en into account in determining the amount of e.penses which a candidate or political party may have incurred. (8ec. 1/2, :.P. 881 O1!#bu" -lect#o! Co&e) Q: What a( th li2itatio#s o# ?! #s s "o( th ca#%i%at s a#% !olitical !a(ti s? A: 1. 4or c$!&#&$te" a. Pre"#&e!t $!& )#ce Pre"#&e!t - P1D@voter b. Ot6er c$!&#&$te", #f %#t6 p$rt9 - P3@voter c. Ot6er c$!&#&$te", #f %#t6out p$rt9 - P#@voter
2. 4or pol#t#c$l p$rt#e" P#@voter (CO7-L-C Re"olut#o! No. 8+08)
Q: What is a stat 2 #t o" co#t(i'$tio# a#% ?! #s s? A: %very candidate and treasurer of the political party shall( within 3D days after the day of the election( file in duplicate with the offices of the C/A%"%C( the full( true and itemized statement of all contributions and e.penditures in connection with the election. 98ec. 14, R.'. +166) Q: Is th co#%$ct o" l ctio# s$(6 3 !(ohi'it %? A: Go. 'he SC held that Sec. #.! of the
*air %lection ct prohibiting publication of survey results 1# days immediately preceding a national election and & days before a local election violates the constitutional rights of speech( e.pression and the press because8 1. 2. It imposes a prior restraint on the freedom of e.pression It is a direct and total suppression of a category of e.pression and even though such suppression is only for a limited period4 and 'he governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of e.pression 98M8 v. CO7-L-C, G.R. No. 14+0+1, 7$9 0, 2//1)
3.
h. /OARD OF CAN)ASSERS Q: What is th co2!ositio# o" th o" Ca#6ass (s ;/oC<? A: 1. Prov#!c#$l bo$r& of c$!v$""er" 0 the provincial board of canvassers shall be composed of the provincial election supervisor or a senior lawyer in the regional office of the Commission( as chairman( the provincial fiscal( as vice0 chairman( and the provincial superintendent of schools( and one representative from each of the ruling party and the dominant opposition political party in the constituency concerned entitled to be represented( as members. /oa(%
2.
C#t9 bo$r& of c$!v$""er" 0 the city board of canvassers shall be composed of the city election registrar or a lawyer of the Commission( as chairman( the city fiscal and the city superintendent of schools( and one representative from each of the ruling party and the dominant opposition political party entitled to be represented( as members. ,#"tr#ct bo$r& of c$!v$""er" of 7etropol#t$! 7$!#l$ 0 the district board of canvassers shall be composed of a lawyer of the Commission( as chairman( and a ran)ing fiscal in the district and the most senior district school supervisor in the district to be appointed upon consultation with the Ainistry of Kustice and the Ainistry of %ducation( Culture and Sports( respectively( and one representative from each of the ruling party and the dominant opposition political party in the constituency concerned( as members. 7u!#c#p$l bo$r& of c$!v$""er" 0 the municipal board of canvassers shall be composed of the election registrar or a representative of the Commission( as chairman( the municipal treasurer( and the district supervisor or in his absence any public school principal in the municipality and one representative from each of the ruling party and the dominant opposition political party entitled to be represented( as members. :o$r& of c$!v$""er" for !e%l9 cre$te& pol#t#c$l "ub&#v#"#o!" 0 the Commission shall constitute a board of canvassers and appoint the members thereof for the first election in a newly created province( city or municipality in case the officials who shall act as members thereof have not yet assumed their duties and functions (8ec. 221, :.P.
A: 'he Commission shall have direct control and supervision over the board of canvassers. ny member of the board of canvassers may( at any time( be relieved for cause and substituted 1otu propr#o by the Commission. (8ec. 22+., :.P. 881) Q: What is th 2a## ( o" % li6 (3 a#% t(a#s2ittal o" l ctio# ( t$(#s? A : Cit3 a#% -$#ici!al
/oa(% o" Ca#6ass (s the copy of the election returns( duly placed inside a sealed envelope signed and affi.ed with the imprint of the thumb of the right hand of all the members of the board of election inspectors( shall be personally delivered by the members of the board of election inspectors to the city or municipal board of 881) canvassers under proper receipt to be signed by all
3.
!.
P(o6i#cial a#% Dist(ict /oa(%s o" Ca#6ass (s i# - t(o!olita# -a#ila the copy of the election returns shall be personally delivered by the members of the board of election inspectors to the election registrar for transmittal to the proper board of canvassers under proper receipt to be signed by all the members thereof.
Q: Who has s$! (6isio# a#% co#t(ol o6 ( th 'oa(% o" ca#6ass (s?
#.
'he election registrar concerned shall place all the returns intended for the board of canvassers inside a ballot bo. provided with three padloc)s whose )eys shall be )ept as follows8 one by the election registrar( another by the representative of the ruling party and the third by the representative of the dominant political opposition party. (8ec. 229, :.P. 881) Q: How will th sa" & !i#4 o" t(a#s2itt % l ctio# ( t$(#s ' %o# ? A: 'he board of canvassers shall )eep the ballot bo.es containing the election returns in a safe and secure room before and after the canvass. 'he door to the room must be padloc)ed by three loc)s with the )eys thereof )ept as follows8 1. /ne with the chairman( 2. 'he other with the representative of the ruling party(
3.
nd the other with the representative of the dominant opposition political party.
number of votes cast in the province( city( municipality or barangay 98ec. 231, :.P. 881>.
Not : *ailure to comply with this re3uirement shall constitute an election offense. Sub1ect to reasonable e.ceptions( the board of canvassers must complete their canvass within thirty0si. hours in municipalities( forty0eight hours in cities and seventy0two hours in provinces. 2iolation hereof shall be an election offense. ?ith respect to the election for President and 2ice0 President( the provincial and city boards of canvassers shall prepare in 3uintuplicate a certificate of canvass supported by a statement of votes received by each candidate in each polling place and transmit the first copy thereof to the Spea)er of the <atasang Pambansa. 'he second copy shall be transmitted to the Commission( the third copy shall be )ept by the provincial election supervisor or city election registrar4 the fourth and the fifth copies to each of the two accredited political parties. ('.uCet$" v. C', G.R. No. 1/606/, 'u.u"t 23, 1996)
'he watchers of candidates( political parties( coalition of political parties and organization collectively authorized by the Commission to appoint watchers shall have the right to guard the room. 2iolation of this right shall constitute an election offense. (8ec. 23/, :.P. 881 O1!#bu" -lect#o! Co&e) Q: How will th 'oa(% ' %o# ? A : 1. 'he board of canvassers shall meet not later than si. oRcloc) in the afternoon of election day at the place designated by the Commission to receive the election returns and to immediately canvass those that may have already been received. It shall meet continuously from day to day until the canvass is completed( and may ad1ourn but only for the purpose of awaiting the other election returns from other polling places within its 1urisdiction. ca#6assi#4 '3 th
2.
Q: Who a( #ot ca#6assi#4 (oo2? A :
allow %
i#si%
th
3.
%ach time the board ad1ourns( it shall ma)e a total of all the votes canvassed so far for each candidate for each office( furnishing the Commission in Aanila by the fastest means of communication a certified copy thereof( and ma)ing available the data contained therein to the mass media and other interested parties. s soon as the other election returns are delivered( the board shall immediately resume canvassing until all the returns have been canvassed. 'he respective board of canvassers shall prepare a certificate of canvass duly signed and affi.ed with the imprint of the thumb of the right hand of each member( supported by a statement of the votes received by each candidate in each polling place
and( on the basis thereof( shall proclaim as elected the candidates who obtained the highest
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ny officer or member of the rmed *orces of the Philippines( including the Philippine Constabulary( or the Integrated Gational Police ny peace officer or any armed or unarmed persons belonging to an e.tra0 police agency( special forces( reaction forces( stri)e forces( home defense forces( barangay self0 defense units( barangay tanod ny member of the security or police organizations of government ministries( commissions( councils( bureaus( offices( instrumentalities( or government0 owned or controlled corporations or their subsidiaries ny member of a privately owned or operated security( investigative( protective or intelligence agency performing identical or similar functions to enter the room where the canvassing of the election returns are held by the
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board of canvassers and within a radius of fifty meters from such room. (8ec. 232, :.P. 881 O1!#bu" -lect#o! Co&e)
Not : 'he board of canvassers by a ma1ority vote( if it deems necessary( may ma)e a call in writing for the detail of policemen or any peace officers for their protection or for the protection of the election documents and paraphernalia in the possession of the board( or for the maintenance of peace and order( in which case said policemen or peace officers( who shall be in proper uniform( shall stay outside the room within a radius of thirty meters near enough to be easily called by the board of canvassers at any time. (*b#&.)
clearly appear that some re3uisites in form or data had been omitted in the election
Q: I# cas th l ctio# ( t$(#s a( % la3 %, lost o( % st(o3 %, what sho$l% th /OC %o? A8 In case its copy of the election returns is missing( the board of canvassers shall8 1. /btain such missing election returns from the board of election inspectors concerned( or if said returns have been lost or destroyed 'he board of canvassers( upon prior authority of the Commission( may use any of the authentic copies of said election returns or a certified copy of said election returns issued by the Commission( and forthwith 3. Iirect its representative to investigate the case and immediately report the matter to the Commission
2.
Not : 'he board of canvassers( notwithstanding the fact that not all the election returns have been received by it( may terminate the canvass and proclaim the candidates elected on the basis of the available election returns if the missing election returns will not affect the results of the election 9Sec. 233( <.P. ,,1>.
Q: Wh # th i#t 4(it3 o" 'allots is 6iolat %, what sho$l% th /oC %o? A : 1. *! c$"e of 1$ter#$l &efect" #! t6e elect#o! retur!" 0 If it should
returns( the board of canvassers shall call for all the members of the board of election inspectors concerned by the most e.peditious means( for the same board to effect the correction.In case of the omission in the election returns of the name of any candidate and@or his corresponding votes( the board of canvassers shall re3uire the board of election inspectors concerned to complete the necessary data in the election returns and affi. therein their initials (8ec. 234, :.P. 881 O1!#bu" -lect#o! Co&e).
Not : 'he right of a candidate to avail of this provision shall not be lost or affected by the fact that an election protest is subse3uently filed by any of the candidates.
2.
*! c$"e t6e elect#o! retur!" $ppe$r to be t$1pere& %#t6 or f$l"#f#e& 0 If the election returns submitted to the board of canvassers appear to be tampered with( altered or falsified after they have left the hands of the board of election inspectors( or otherwise not authentic( or were prepared by the board of election inspectors under duress( force( intimidation( or prepared by persons other than the member of the board of election inspectors( the board of canvassers shall use the other copies of said election returns and( if necessary( the copy inside the ballot bo. which upon previous authority given by the Commission may be retrieved in accordance with Section 22D hereof (8ec. 230, :.P. 881 O1!#bu" -lect#o! Co&e). *! c$"e of &#"crep$!c#e" #! t6e elect#o! return 0 if it appears to the board of canvassers that there e.ists discrepancies in the other authentic copies of the election returns from a polling place or discrepancies in the votes of any candidate in words and figures in the same return( and in either case the difference affects the results of
3.
the election( the Commission( upon motion of the board of canvassers or any candidate affected and after due notice to all candidates concerned( shall proceed summarily to determine whether the integrity of the ballot bo. had been preserved( and once satisfied thereof shall order the opening of the ballot bo. to recount the votes cast in the polling place solely for the purpose of determining the true result of the count of votes of the candidates concerned (8ec. 236, :.P. 881 O1!#bu" -lect#o! Co&e).
Not : ?hen integrity of ballots is violated. 0 'he Commission shall not recount the ballots but shall forthwith seal the ballot bo. and order its safe)eeping (8ec. 23+, :.P. 881 O1!#bu" -lect#o! Co&e). Canvass of remaining or un3uestioned returns to continue. If( after the canvass of all the said returns( it should be determined that the returns which have been set aside will affect the result of the election( no proclamation shall be made e.cept upon orders of the Commission after due notice and hearing. ny proclamation made in violation hereof shall be null and void (8ec. 238, :.P. 881 O1!#bu" -lect#o! Co&e).
canvassers shall forthwith ma)e a certificate stating the name of the candidate who had been favored by luc) and his proclamation on the basis thereof. (8ec. 24/, :.P. 881 O1!#bu" -lect#o! Co&e) Q: Wh # will th !(oc %i#4s o" th /oC ' co#si% ( % as a# ill 4al !(oc %i#4? A: 'here is an illegal proceeding of the </C when the canvassing is a sham or mere ceremony( the results of which are pre0 determined and manipulated as when any of the following circumstances are present8 1. 2. 3. Precipitate canvassing 'errorism "ac) of sufficient notice to the members of the </CRs Improper venue. (8ec. 2, Rule 4, CO7-L-C Re"olut#o! No. 88/4, 7$rc6 22, 2/1/)
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i. RE-EDIES AND +URISDICTION IN ELECTION LAW 0. P titio# #ot to 4i6 %$ co$(s to C (ti"icat o" Ca#%i%ac3 Q: What a( th ( I$isit s "o( th 4(a#t o" a ! titio# to % #3 %$ co$(s to o( ca#c l a c (ti"icat o" ca#%i%ac3? A : 1. Aaterial misrepresentation in the 3ualifications for elective office( which includes age( residency( citizenship( and any other legal 3ualifications necessary to run for an elective office4 and Ieliberate attempt to mislead( misinform or hide a fact which would otherwise render a candidate ineligible.
Not : 'hese two re3uirements must concur to warrant the cancellation of the certificate of
Q: I" th l ctio# ( s$lt % i#to a ti , what sho$l% th /OC %o? A: ?henever it shall appear from the canvass that two or more candidates have received an e3ual and highest number of votes( or in cases where two or more candidates are to be elected for the same position and two or more candidates received the same number of votes for the last place in the number to be elected( the board of canvassers( after recording this fact in its minutes( shall by resolution( upon five days notice to all the tied candidates( hold a special public meeting at which the board of canvassers shall proceed to the drawing of lots of the candidates who have tied and shall proclaim as elected the candidates who may be favored by luc)( and the candidates so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of vote. 'he board of
2.
candidacy.
verified petition may be filed e.clusively on the ground that any material representation contained in the certificate as re3uired under Section &! is false. 'he petition may be filed not later than 2# days from the time of filing of the certificate of candidacy( and shall be decided( after due notice and hearing( not later than 1# days before the election (8ect#o! +8, :.P. 881 O1!#bu" -lect#o! Co&e). Kurisdiction over a petition to cancel a certificate of candidacy lies with the C/A%"%C in division( not with the C/A%"%C e! b$!c. (G$rv#&$ v. 8$le", G.R. o. 1228+2, 8epte1ber 1/, 199+)
1996)
1. P titio# to % cla( "ail$( o" l ctio#s Q: What a( th th( i#sta#c s wh ( "ail$( o" l ctio# 2a3 ' % cla( %? A : 1. 'he election in any polling place has not been held on the date fi.ed on account of force 1$Ceure( violence( terrorism( fraud( or other analogous causes4 'he election in any polling place had been suspended before the hour fi.ed by law for the closing of the voting on account of force 1$Ceure, violence( terrorism( fraud( or other analogous causes4 and fter the voting and during the preparation and transmission of the election returns or canvass thereof such election results in failure to elect on account of force 1$Ceure( violence( fraud or analogous causes. (:$!$.$ =r v" Co1elec, G.R. No. 134696, =ul9 31, 2/// ) a
2.
3.
Q: Who has th !ow ( to % cla( a "ail$( o" l ctio#? A: 'he C/A%"%C has the power to declare a failure of election and this can be e.ercised 1otu propr#o or upon verified petition. (Loo!. v. CO7-L-C, G.R. No". 1/+81410, 7$9 16,
Not : 'he hearing is summary in nature and the C/A%"%C may delegate to its lawyers the power to hear the case and to receive evidence. (*b#&.)
31, 2//2)
Q: What a( th co#%itio#s ' "o( CO-ELEC ca# act o# a ! titio# to % cla( "ail$( o" l ctio#? A : 1. Go voting too) place in the precinct or precincts on the date fi.ed by law( or even if there was voting( the election resulted in failure to elect4 and 'he votes not cast would have affected the result of the election 9?$! v. CO7-L-C, G.R. No. 1480+0+6, ,ec. 1/, 2//3)
2.
Q: D$ to 6iol #c a#% t ((o(is2 att #%i#4 th casti#4 o" 6ot s i# a 2$#ici!alit3 i# La#ao% l S$(, it ' ca2 i2!ossi'l to hol% th ( i# "( , o(% (l3 a#% ho# st l ctio#s. S 6 (al ca#%i%at s "o( 2$#ici!al !ositio#s with%( w "(o2 th (ac . O# ca#%i%at "o( -a3o( ! titio# % th CO-ELEC "o( th !ost!o# 2 #t o" th l ctio#s a#% th hol%i#4 o" s! cial l ctio#s a"t ( th ca$s s o" s$ch !ost!o# 2 #t o( "ail$( o" l ctio#s shall ha6 c as %. 0. How 2a#3 6ot s o" th CO-ELEC Co22issio# (s 2a3 ' cast to 4(a#t th ! titio#? E?!lai#. 1. A ! (so# who was #ot a ca#%i%at at th ti2 o" th !ost!o# 2 #t o" th l ctio#s % ci% % to ($# "o( a# l cti6 !ositio# a#% "il % a c (ti"icat o" ca#%i%ac3 !(io( to th s! cial l ctio#s. -a3 his c (ti"icat o" ca#%i%ac3 ' acc !t %? E?!lai#. S$!!os "o( a with%( w a#sw ( ' h (a# as a s$'stit$t ca#%i%at who !( 6io$sl3 his ca#%i%ac3, will 3o$( th sa2 ? E?!lai#.
Not : 'he C/A%"%C e! b$!c has original and e.clusive 1urisdiction to hear and decide petitions for declaration of failure of election or for annulment of election results (8ec. 4, R.'. +166). 'he proclamation of the winning candidate does not divest the C/A%"%C of such 1urisdiction( where the proclamation is null and void or is claimed to be so. ('1p$tu$! v. CO7-L-C, G.R.No. 1498/3, =$!u$r9
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A : 1. 'he C/A%"%C shall decide by a ma1ority vote of all its members on any case or matter brought before it. (8ect#o! +, 'rt#cle *(' of t6e 198+ Co!"t#tut#o!>. In Cu$ v. CO7-L-C, G.R. No. 8/0192, ,ec. 1+, 198+( the Supreme Court stated that a two0to0one decision rendered by a Iivision of the C/A%"%C and a three0 to0two decision rendered by the C/A%"%C e! b$!c was valid where only five members too) part in deciding the case. Go( his certificate of candidacy cannot be accepted. s a rule( in cases of postponement or failure of election no additional certificate of candidacy shall be accepted. 98ect#o! +0 of t6e O1!#bu" -lect#o! Co&e) Go( the answer will be different. n additional certificate of candidacy may be accepted in cases of postponement or failure of election if there was a substitution of candidates4 but the substitute must belong to and must be endorsed by the same party. (8ect#o! +0 of t6e O1!#bu" -lect#o! Co&e)
2 1, 1 9 8 9)
2.
3.
9. P( =!(ocla2atio# Co#t(o6 (si s Q: What a( co#t(o6 (si s? !( =!(ocla2atio#
A: 'hey refer to any 3uestion pertaining to or affecting the proceedings of the board of canvassers( and the preparation( transmission( receipt( custody and appreciation of election returns which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the C/A%"%C. (8ec. 241, :.P. 881 O1!#bu" -lect#o! Co&e)
Not : 'he purpose of this )ind of controversy is to ascertain winners in the elections on basis of election returns duly authenticated by board of inspectors and admitted by the board of canvassers. ('bell$ v. L$rr$ $b$l, G.R. No. 8++213/, ,ece1ber
th Ho$s o" R !( s #tati6 s o# 2att (s ( lati#4 to th !( !a(atio#, t(a#s2issio#, ( c i!t, c$sto%3, a#% a!!( ciatio# o" th l ctio# ( t$(#s o( th c (ti"icat s o" ca#6ass? A: ,R: Go (8ec. 10, 89!c6ro!# e& -lect#o! L$%). >PNS: 1. Correction of manifest errors 2. Suestions affecting the composition or proceedings of the board of canvassers and 3. Ietermination of the authenticity and due e.ecution of certificates of canvass as provided in Sec. 3D of C. .&1$$( as amended by C. . +3$+.
Not : ,R: 'he C/A%"%C is restricted to a mere e.amination of returns on their face and not to go beyond and investigate irregularities. (:el$c v. CO7-L-C, G.R. No. 1408/2, 'pr#l 4, 2//1) >PN: If there is a pr#1$ f$c#e showing that return is not genuine. (*b#&.) Go pre0proclamation cases are allowed in case of barangay election. (8ec. 9, R.'. No. 66+9)
Q: Wh # a( cas s t (2i#at %?
!( =!(ocla2atio#
A : ,R: t the beginning of term of the officers. (8ec. 16, R.'. No. +166) >PN S: 1. 2. 3.
?hen based on evidence( C/A%"%C determines that petition is meritorious 'he SC in a petition for certiorari issues a contrary order4 or 'he case is not a pre0proclamation case. (PeG$flor#&$ v. CO7-L-C, G.R. No. 12090/, Nove1ber 18, 199+) 2a3 ' (ais % i#
Q: What iss$ s a !( = !(ocla2atio# co#t(o6 (s3? A : 1.
Q: A( th ( !( =!(ocla2atio# cas s i# l ctio#s "o( P( si% #t, )ic =!( si% #t a#% - 2' (s o"
Illegal composition or proceedings of the <oard of Canvassers
2.
Canvassed election returns are incomplete( contain material defects( appear to be tampered with or falsified4 or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sec. 233( 23!( 23#( and 23$ of <.P. ,,1 %lection returns were prepared under duress threat( coercion( or intimidation( or they are obviously manufactured or not authentic ?hen substitute or fraudulent returns in controverted polling places were canvassed( the results of which materially affected the standing of the aggrieved candidate@s. (8ec.
242, :.P. 881 O1!#bu" -lect#o! Co&e).
2/1/)
3.
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Q: What is a ! titio# to a##$l o( s$s! #% th !(ocla2atio#? A: It is a remedy where there is manifest error in the face of the returns( and a winning candidate is about to be( or has already been proclaimed on the basis thereof.
Not 8 'he filing of a petition to annul or suspend the Proclamation shall suspend the running of the period within which to file an election protest or 3uo warranto proceedings.
Q: A( !( =!(ocla2atio# co#t(o6 (si s allow % $#% ( th # w A$to2at % El ctio#s Law? A : ,R: *or purpose of the elections for president( vice - president( senator( and member of the Fouse of Cepresentatives( no pre0proclamation cases shall be allowed on matters relating to the preparation( transmission( receipt( custody and appreciation of election returns or the certificates of canvass( as the case may be. (8ec. 38, R.'. No. 9369 ) >PN S: 1. of 2.
Illegal composition of the <oard
Canvassers 9</C>4 Illegal proceedings of the </C. (8ec. 1, Rule 3, CO7-L-C )ICE CHAIR FOR AD-INISTRATION AND FINANCE8 K% G%""% C. "%% Re"olut#o! No. 88/4, 7$rc6 22,
C" "/5I% A.
S C M G
Not : Fowever( this does not preclude the authority of the appropriate canvassing body 1otu prop#o or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election before it. (8ec. 38, R.'. No. 9369)
A: It is a special summary proceeding the ob1ect of which is to e.pedite the settlement of controversies between candidates as to who received the ma1ority of legal votes. Q: Wh ( a( l ctio# !(ot sts
B. El ctio# P(ot sts Q: What a( %is!$t s? !ost= l ctio#
A: 'hey are disputes which arise or are instituted after proclamation of winning candidates and which issues pertain to the casting and counting of votes 9%lection Protests>( or to the eligibility or disloyalty of the winning candidates 9>uo M$rr$!to>. Q: What is th #at$( o" a# l ctio# co#t st?
"il %? A: 1. CO7-L-C - sole 1udge of all contests relating to elections( returns( and 3ualifications of all elective regional( provincial and city officials. 2. 8upre1e Court e! b$!c @ President and 2ice President 3. 8-? - Senator a. 5R-? @ representative !. R?C - over contests for municipal officials #. 7e?C or 7?C - for barangay officials Q: What a( th 4(o$#%s "o( th l ctio# !(ot sts? 8 1. *raud 2. 2ote0buying 3.E R 'errorism UNI) SIT* OF SANTO T O - A !. S Presence of flying voters F#. a c uAisreading l t a d d e D e ror e c h omisappreciation C of ballots ivi l $. Iisenfranchisement of voters &. 5n3ualified members of board of election inspector ,. /ther election irregularities. "ili#4 o"
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Not : Pendency of election protest is not sufficient basis to en1oin protestee from assuming office. protestant has the right to withdraw his protest or drop polling places from his protest. 'he protestee( in such cases( has no cause to complain because the withdrawal is e.clusive prerogative of the protestant.
Q: Wh # th !(ot sta#t %i s %$(i#4 th ! #% #c3 o" hisSh ( l ctio# !(ot st, 2a3 hisSh ( s!o$s s$'stit$t i# hisSh ( st a% to a6oi% %is2issal o" th !(ot st? A: Go right of substitution can inure in favor of a surviving spouse( for the right to hold the disputed public office is a personal right which cannot be transmitted to the latter;s legal heirs. 'he rule on substitution as applied to election contest must only be in favor of a person who is a real party in interest( e.g. the party who would be benefited or in1ured by the 1udgment( and the party who is entitled to avail of the suit. wife cannot substitute for her deceased husband;s protest( for she will not( in any way( be directly or substantially affected by the possible resolution of the protest. (Poe v. 7$c$p$.$l'rro9o, P-? C$"e //2, 7$r. 29, 2//0) Q: O# +$# 19, 1MMB, th Natio#al /oa(% o" Ca#6ass (s ;N/C< !(oclai2 % > as th %$l3 l ct % )ic =P( si% #t o" th Phili!!i# s. * was th ! (so# who o'tai# % th s co#% hi4h st #$2' ( o" 6ot s. * "il % a !(ot st with th PET !(a3i#4 "o( th a##$l2 #t o" th !(ot st Ns !(ocla2atio# o# th 4(o$#% o" "(a$% a#% 2a#i!$latio# o" th ( s$lts. Whil th !(ot st was ! #%i#4, > was l ct % a#% ass$2 % th o""ic o" s #ato(. Will th !(ot st !(os! (? A8 Go. In assuming the office of Senator( J has effectively abandoned or withdrawn this protest. Such abandonment or withdrawal operates to render moot the instant protest. Aoreover( the dismissal of this protest would serve public interest as it would dissipate the aura of uncertainty as to the results of the election. 9Le.$r&$ v. ,e C$"tro, P-? c$"e !o. //3, =$!. 18 2//8
:. Q$o Wa((a#to Q: What a( quo warranto !(oc l cti6 o""ic ? %i#4s "o( a#
A: It is a proceeding to determine the right to the use or e.ercise of an office and to oust the holder from its en1oyment( if his claim is not well founded or if he has forfeited his right to en1oy the privilege. 5nli)e an election protest( which can only be filed by a candidate( any voter can file a petition for 3uo %$rr$!to.
Not : %lection Protests and >uo %$rr$!to proceedings against a Congressman0elect( Senator0 elect( President0elect and 2P0elect are brought before the appropriate electoral tribunals created by the Constitution.
Q: Disc$ss th "$#ctio# o" S #at o" R !( s #tati6 T(i'$#als.
a#% Ho$s
A: 'he Senate and the Fouse of Cepresentatives each have an %lectoral 'ribunal which shall be the sole 1udge of all contests relating to elections( returns( and 3ualifications of their respective members. Such 1urisdiction begins only after a candidate has become a member of the legislative body. 'he 1udicial review of the decisions of these electoral tribunals is possible only in the e.ercise of the SC;s e.traordinary 1urisdiction. ,R: %lectoral 'ribunal is the sole 1udge of all contests relating to the election( returns and 3ualifications of Congressional members /G"M after the candidate has become a member of Congress and not prior thereto. >PN: C/A%"%C has 1urisdiction if candidate not yet proclaimed and involving manifest errors in the certificates of canvass and in composition of board or its proceedings. Q: Who shall act as th sol E$%4 o" all co#t sts ( lati#4 to th l ctio#, ( t$(#s, a#% I$ali"icatio#s o" th P( si% #t a#% th )P? A: 'he Supreme Court sitting e! b$!c.
Not : <efore election( SC has no 1urisdiction to entertain any petition relating to the 3ualifications or dis3ualifications of candidates for President and 2P( the 1urisdiction being with the C/A%"%C.
? (cis s % l 4at % a$tho(it3 to co#%$ct !( li2i#a(3 i#6 sti4atio# o" l ctio# o"" #s s a#% s$ch o""ic (, a"t ( i#6 sti4atio#, al( a%3 ( sol6 s th
Q: What is th "" ct i" th !(ot sta#t acc !ts a ! (2a# #t a!!oi#t2 #t? Wh3? A: cceptance of a permanent appointment to a regular office during the pendency of his protest is an abandonment of the electoral protest. 'he same is true if a protestant voluntarily sought election to an office whose term would e.tend beyond the e.piry date of the term of the contested office( and after winning the said election( too) her oath and assumed office and there after continuously serves it. 'he reason for this is that the dismissal of the protest would serve public interest as it would dissipate the aura of uncertainty as to the results of the presidential election( thereby enhancing the all0to crucial political stability of the nation during this period of national recovery. (8$!t#$.o v. R$1o", P.-.?. C$"e No. //1, 4eb. 13, 1996)
E. PROSECUTION OF ELECTION OFFENSES Q: Who has th a$tho(it3 to !(os c$t l ctio# o"" #s s? A: 'he C/A%"%C is vested with the power of a public prosecutor with the e.clusive authority to conduct the preliminary investigation and prosecution of election offenses punishable under the /mnibus %lection Code. (8ec. 260, :.P. 881 O1!#bu" -lect#o! Co&e) Q: -a3 th a$tho(it3? CO-ELEC % l 4at s$ch
A: Mes. 'he C/A%"%C e! b$!c may delegate such authority to any public prosecutor but always sub1ect to the control and supervision of the C/A%"%C. (People v. ,el.$&o, G.R. No. No". 9341932, 8epte1ber 18, 199/) Q: I# cas s wh ( th !(os c$to(
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iss$ o" !(o'a'l ca$s , wh ( sho$l% o# a!! al th ( sol$tio#? A: *rom such resolution( appeal to the C/A%"%C lies( and the latter;s ruling on the appeal would be immediately final and e.ecutory. Fowever( if the preliminary investigation is conducted by the C/A%"%C itself( appeal to the C/A%"%C is unavailing( but the respondent may file a motion for reconsideration of the resolution of the C/A%"%C e! b$!c finding probable cause. (4$el!$r v. People, G.R. No". 14/80/01. 7$9 4, 2 / / / ) Q: What a( th l ctio#
for violation of the /%C. >PN: 'he A'C has 1urisdiction over offenses relating to failure to register or failure to vote.
o"" #s s? A: 1. 2ote buying and vote selling 2. Conspiracy to bribe voters 3. ?agering upon result of election !. Coercion of subordinates #. 'hreats( intimidation( terrorism( use of fraudulent device or other forms of coercion $. Coercion of election officials and employees &. ppointment of new employees( creation of new position( promotion( giving of salary increases ,. Intervention of public officers and employees +. 5ndue influence 1D. 5nlawful electioneering 11. /thers. (8ec. 261, :.P. 881 O1!#bu" -lect#o! Co&e) Q: What is th !( sc(i!ti6 l ctio# o"" #s s? ! (io% o"
A: # years from the date of their commission. (8ec. 26+, :.P. 881 O1!#bu" -lect#o! Co&e) Q: Which co$(t has E$(is%ictio# to h a( a#% % ci% l ctio# o"" #s s? A : ,R: 'he C'C has the e.clusive and original 1urisdiction to hear and decide any criminal action or proceedings
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L. LOCAL ,O)ERN-ENTS a. PU/LIC CORPORATIONS Q: What is a !$'lic co(!o(atio#? A: It is one created by the State either by general or special act for purposes of administration of local government or rendering service in t6 the public interest. (Ro&r#.ue , p. 2, LGC 0 -&#t#o!) Q: Disti#4$ish !$'lic co(!o(atio# "(o2 !(i6at co(!o(atio#. A :
PU/LI C CORPORATI dministration of local government PRI)ATE CORPORATION %urpos e Private purpose
Not : %very "L5 created or recognized under this code is a body politic and corporate endowed with powers to be e.ercised by it in conformity with law. s such( it shall e.ercise powers as a political subdivision of the national government and has a corporate entity representing the inhabitants of its territory
(8ec.10, LGC) Q: What a( th class s o" co(!o(atio#s? A:
+ho creates <y the state either <y incorporators with by general or recognizance of the special act state .ow created <y legislation <y agreement of members
such( it acts as separate entity for its own purposes( and not a subdivision of the State. (:$r$ L#&$"$! v". CO7-L-C G.R. No. L28/89, October 20, 196+ c#t#!. 7c>u#ll#!, 7u!#c#p$l Corpor$t#o!", 3& e&., pp. 406 4 6 4 )
Q: What is th c(it (io# to % t (2i# wh th ( a co(!o(atio# is a !$'lic co(!o(atio#? A: <y the relationship of the corporation to the state4 if created by the State as its own agency to help it in carrying out its governmental functions( it is public( otherwise( it is private. Q: What a( th %$al cha(act (istics o" a !$'lic co(!o(atio#? A : 1. Publ#c or .over!1e!t$l - acts as an agent of the State for the government of the territory and its inhabitants. Pr#v$te or propr#et$r9 - acts as an agent of the community in the administration of local affairs. s
2.
1.
>u$"#publ#c corpor$t#o!" - public corporations created as agencies of the State for narrow and limited purposes without the powers and liabilities of self0 governing corporations. 7u!#c#p$l corpor$t#o!" - body politic and corporate constituted by the incorporation of inhabitants for purposes of local government. It is established by law partly as an agency of the State to assist in the civil government of the country( but chiefly to regulate and administer the local or internal affairs of the city( town or district which is incorporated. (,#llo!, 7u!#c#p$l Corpor$t#o!", )ol.2, pp. 08 09.)
2.
Q: What is a ,o6 (#2 #t Ow# % a#% Co#t(oll % Co(!o(atio# ;,OCC<? A: any agency organized as a stoc) or non0stoc) corporation vested with functions relating to public needs whether governmental or proprietary in nature( and owned by the government directly or indirectly through its instrumentalities either wholly( or where applicable as in the case of stoc) corporations to the e.tent of at least #1B of its capital stoc). (8ect#o! 2 (13) of -<ecut#ve Or&er No. 292 ( dministrative Code of 198+) Q: What a( th ( I$isit s o" a ,OCC? A: 1. 2. 3. ny agency organized as a stoc) or non0 stoc) corporation 2ested with functions relating to public needs whether governmental or proprietary in nature /wned by the Lovernment directly or through its instrumentalities either wholly( or( where applicable as in the
LOCAL GOVERNMENTS
case of stoc) corporations( to the e.tent of at least fifty0one 9#1> of its capital stoc). 9Le9"o!, =r. v. Off#ce of t6e O1bu&"1$!, G.R. No. 13499/, 'pr#l 2+, 2/// ) Q: What laws 2a3 4o6 (# ,OCCs a#% how %o 3o$ % t (2i# which will 4o6 (#? A: Lovernment corporations may be created by special charters or by incorporation under the general corporation law. 'hose created by special charters are governed by the Civil Service "aw while those incorporated under the general corporation law are governed by the "abor Code. (:l$3uer$ v". 'lc$l$, G.R. No. G.R. No. 1/94/6. 8epte1ber 11, 1998) Q: Disti#4$ish !$'lic co(!o(atio# "(o2 a ,OCC. A:
PU/LI C CORPORATI ,OCC s and municipalities( upon the recommendation of the sangguniang concerned provided that the same shall be effective only upon ratification in a plebiscite conducted for the purpose in the political unit directly affected. (R.'. +16/, 8ec.
13) Q: What is th #at$( a#% "$#ctio# o" a 2$#ici!al co(!o(atio#? A: It is body politic and corporate constituted by the incorporation of inhabitants for purposes of local government. It is established by law partly as an agency of the State to assist in the civil government of the country( but chiefly to regulate and administer the local or internal affairs of the city( town or district which is incorporated. (,#llo!, 7u!. Corp., )ol.2, pp. 08 09. ) Q: What a( th %i"" ( #t 2$#ici!al co(!o(atio#s? t3! s o"
%urpos e Performance of dministration functions of local relating to public needs government whether Lovernmental or Proprietary in nature +ho creates <y the state either <y Congress or by general or by special act incorporators .ow created 91> /riginal charters or <y legislation special laws or 92> general corporation law as a stoc) or non0stoc)
Not : 'he sangguniang panlalawigan may( in consultation with the Philippine Fistorical Commission change the name of component cities
'. -UNICIPAL CORPORATIONS Q: What a( th ss #tial o" a 2$#ici!al co(!o(atio#? A : 1. 2. 3. !. t6 0 "egal creation Corporate name Inhabitants constituting the population who are vested with political and corporate powers 'erritory (Ro&r#.ue , p.4, LGC -&#t#o!) l 2 #ts
LOCAL GOVERNMENTS
A : 1. 2. ,e Cure 1u!#c#p$l corpor$t#o!" - created or recognized by operation of law. 7u!#c#p$l corpor$t#o!" b9 pre"cr#pt#o! - e.ercised their powers from time immemorial with a charter( which is presumed to have been lost or destroyed. ,e f$cto 1u!#c#p$l corpor$t#o!" - where the people have organized themselves( under color of law( into ordinary municipal bodies( and have gone on( year after year( raising ta.es( ma)ing improvements( and e.ercising their usual franchises( with their rights dependent 3uite as much on ac3uiescence as on the regularity of their origin. (Ro&r#.ue , pp.1+18, LGC t6 0 -&#t#o!)
3.
Not : n in3uiry into the legal e.istence of a de facto corporation is reserved to the State in a proceeding for 3uo %$rr$!to or other direct proceeding. (?6e 7u!#c#p$l#t9 of 7$l$b$!., L$!$o &el 8ur v". P$!.$!&$pu! :e!#to, G.R. No. L28113, 7$rc6 28, 1969)
Q: What a( th ss #tial ( I$isit s o" a % "acto co(!o(atio#? A: )AC A 1.
)alid law authorizing incorporation
2.
Attempt in good faith to organize under it 3. Colorable compliance with law !. Assumption of corporate powers t6 (Ro&r#.ue , p. 18, LGC 0 -&#t#o!)
a. Province - P 2DA
c. CREATION Q: Who has th a$tho(it3 to c( at 2$#ici!al co(!o(atio#s? How is a !$'lic co(!o(atio# c( at %? A: "ocal Lovernment 5nit may be created( divided( merged( abolished or its boundaries substantially altered either by8 1. 2. "aw enacted by Congress in case of province( city( municipality or any other political subdivision4 <y an ordinance passed by the Sangguniang Panlalawigan or Sangguniang Panlungsod concerned in the case of a barangay located within its territorial 1urisdiction( sub1ect to such limitations and re3uirements prescribed in the "LC. 98ec. 6, R.'. +16/)
Q: What a( th ( I$isit s o( li2itatio#s i2!os % o# th c( atio# o( co#6 (sio# o" 2$#ici!al co(!o(atio#s? A : 1. Pleb#"c#te re3u#re1e!t - must be approved by ma1ority of the votes cast in a plebiscite called for such purpose in the political unit or units directly affected.
Not : 'he plebiscite must be participated in by the residents of the mother province in order to conform to the constitutional re3uirement.
2.
*!co1e re3u#re1e!t must be sufficient on acceptable standards to provide for all essential government facilities and services and special functions commensurate with the size of its population as e.pected of the local government unit concerned. verage annual income for the last consecutive year should be at least8
b.
Fighly 5rbanized City - P #DA c. City - P 2DA 91//7 R'. 9//9 $1e!&#!. 8ec 40/ of LGC) d. Aunicipality - P 2.#A
3.
Popul$t#o! re3u#re1e!t to be determined as the total number of inhabitants within the territorial 1urisdiction of the local government unit concerned. 'he re3uired minimum population shall be8 <arangay - 2O <ut #O in8 i. Aetro Aanila ii. Fighly urbanized cities b. Aunicipality - 2#O c. City - 1#DO d. Province - 2#DO a.
!.
"and re3uirement must be contiguous( unless it comprises two or more islands or is separated by a local government unit4 properly identified by metes and bounds4 and sufficient to provide for such basic services and facilities. rea re3uirements are8 a. b. c. Aunicipality - #D s3. )m (8ec.442 R.'. +16/) City - 1DD s3. )m (8ec.40/ R.'. +16/) Province - 2(DDD s3.)m (8ec.461 R.'. +16/)
Q: A( th I#t (#al R 6 #$ Allot2 #ts ;IRAs< co#si% ( % i#co2 a#%, th ( "o( , to ' i#cl$% % i# th co2!$tatio# o" th a6 (a4 a##$al i#co2 o" a 2$#ici!alit3 "o( !$(!os s o" its co#6 (sio# i#to a# i#% ! #% #t co2!o# #t cit3? A: Mes. 'he IC s are items of income because they form part of the gross accretion of the funds of the "L5. 'he IC s regularly and automatically accrue to the local treasury without need of any further action on the part of the local government unit. 'hey thus constitute income which the local government can invariably rely upon as the source of much needed funds. ('lv$re v. Gu#!.o!$, G.R. No. 1183/3, =$!. 31, 1996) Q: Wh # %o s co(!o(at ?ist #c ' 4i#?
A: 5pon the election and 3ualification of its chief e.ecutive and a ma1ority of the members of its sanggunian( unless some other time is fi.ed therefor by law or ordinance creating it. (8ec. 14, R.'. +16/) Q: What is th ($l ( lati6 to th 2 (4 ( a#% %i6isio# o" local 4o6 (#2 #t $#its? A : 1. Such division or merger shall not reduce the income( population or land area of the "LC concerned to less than the minimum re3uirement 'hat the income classification of the original "L5@s shall not fall below its current income classification prior to the division plebiscite must be held in "L5s affected ssets and liabilities of creation shall be e3uitably distributed between the "L5s affected and new "L5
0.
A( th cit3hoo% laws 6ali%?
2.
3. !.
Not : ?hen a municipal district of other territorial divisions is converted or fused into a municipality all property rights vested in original territorial organization shall become vested in the government of the municipality. (R.'. 688)
Q: At th #% o" th 00 Co#4( ssHs ?ist #c , s 6 (al 'ills ai2i#4 to co#6 (t c (tai# 2$#ici!aliti s i#to citi s w ( ! #%i#4. Th sa2 w ( #ot #t ( % i#to law. Th 01 Co#4( ss #act % R.A. No. @MM@, a2 #%i#4 th Local ,o6 (#2 #t Co% ;L,C< '3 i#c( asi#4 th i#co2 ( I$i( 2 #t "o( co#6 (sio# o" 2$#ici!aliti s i#to citi s. Co#4( ss % li' (at % o# ? 2!ti#4 th 2$#ici!aliti s 2 #tio# % a(li ( "(o2 th # w i#co2 ( I$i( 2 #tR how 6 (, #o co#c( t actio# ca2 o$t o" s$ch % li' (atio#s. Th 2$#ici!aliti s "il %, th(o$4h th i( ( s! cti6 s!o#so(s, i#%i6i%$al cit3hoo% 'ills co#tai#i#4 a co22o# !(o6iso ? 2!ti#4 th 2 "(o2 th # w i#co2 ( I$i( 2 #t. Th Co#4( ss a!!(o6 % th sa2 . Co#c (# % !a(ti s !(ot st % s$ch laws allowi#4 a Fwhol sal co#6 (sio#G o" 2$#ici!aliti s as ' i#4 $#co#stit$tio#al. D ci% .
th
th
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1.
Th chall #4 % Fciti sG clai2 that it was th i#t #t o" Co#4( ss a#3wa3 to 4(a#t th 2 ? 2!tio# "(o2 th i#co2 ( I$i( 2 #t, as ! ( th th % li' (atio#s o" th 00 Co#4( ss. What ' ca2 o" th cit3hoo% 'ills a#% th i( % li' (atio#s that w ( ! #%i#4 at th th a%Eo$(#2 #t o" th 00 Co#4( ss?
upheld the constitutionality of the creation of the 1$ new cities.
Q: -a3 Co#4( ss 6ali%l3 % l 4at to th AR-- R 4io#al Ass 2'l3 th !ow ( to c( at !(o6i#c s, citi s, a#% 2$#ici!aliti s withi# th AR--, !$(s$a#t to Co#4( ssHs !l #a(3 l 4islati6 !ow (s? A: Go. 'here is no provision in the Constitution that conflicts with the delegation to regional legislative bodies of the power to create
A : 1. Mes( 'he 1$ cities covered by the Cityhood "aws not only had conversion bills pending during the 11th Congress( but have also complied with the re3uirements of the "LC prescribed prior to its amendment by C. . Go. +DD+. Congress undeniably gave these cities all the considerations that 1ustice and fair play demanded. Fence( this Court should do no less by stamping its imprimatur to the clear and unmista)able legislative intent and by duly recognizing the certain collective wisdom of Congress. 9Le$.ue of C#t#e" of t6e P6#l#pp#!e" (LCP) v. CO7-L-C, G.R. No. 1+6901, 'pr#l 12, 2/11) 2. Gotwithstanding that both the 11th and 12th Congress failed to act upon the pending cityhood bills( both the letter and intent of Section !#D of the "LC( as amended by C. . Go. +DD+( were carried on until the 13th Congress( when the Cityhood "aws were enacted. 'he e.emption clauses found in the individual Cityhood "aws are the e.press articulation of that intent to e.empt respondent municipalities from the coverage of C. . Go. +DD+. 9Le$.ue of C#t#e" of t6e P6#l#pp#!e" (LCP) v. CO7-L-C, G.R. No. 1+6901, 4ebru$r9 10, 2 / 1 1 )
Not : /n Govember 1,( 2DD,( the SC ruled the cityhood laws unconstitutional. /n Iecember 21( 2DD+( it reversed the ruling. 'hen again( on ugust 2!( 2D1D( it decided to uphold the original ruling. nd finally( last pril 12( 2D11 it
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1u!#c#p$l#t#e" $!& b$r$!.$9". Fowever( the creation of prov#!ce" $!& c#t#e" is another matter. /nly Congress can create provinces and cities because the creation of the same necessarily includes the creation of legislative districts( a power only Congress can e.ercise under Section # rt. 2I of the Constitution and Section 3 of the /rdinance appended to it. 9:$# 8$!&r$ 8.'. 8e1$ v. CO7-L-C, et $l. G.R. No. 1+8628, =ul9 18, 2//8> Q: Co#si% (i#4 th l 4islati6 !ow ( 6ali%l3 % l 4at % to th AR-- R 4io#al Ass 2'l3, what is th li2itatio# o" s$ch that !( 6 #ts th sa2 to c( at l 4islati6 %ist(icts? 8 'he CAA Cegional ssembly cannot enact a law creating a national office li)e the office of a district representative of Congress because the legislative powers of the CAA Cegional ssembly operate only within its territorial 1urisdiction as provided in Section 2D rt. J of the Constitution. 98e1$ v. CO7-L-C, G.R. No. 1+8628, =ul9 16, 2//8> Q: Co#4( ss #act % a law c( ati#4 th l 4islati6 %ist(ict o" -alolos 'as % o# a certification o" th % 2o4(a!hic !(oE ctio# "(o2 NSO stati#4 that '3 1M0M, -alolos is ?! ct % to ( ach th !o!$latio# o" 1:M,MMM, h #c #titli#4 it to o# l 4islati6 %ist(ict. Is th law 6ali%? A: Go. Congress cannot establish a new legislative district based on a pro1ected population of the Gational statistics /ffice 9GS/> to meet the population re3uirement of the Constitution in the reapportionment of legislative districts. city that has attained a population of 2#D(DDD is entitled to a legislative district only in the 6immediately following election.7 In short( a city must first attain the 2#D(DDD population( and thereafter( in the immediately following election( such city shall have a district representative. 'here is no showing in the present case that the City of Aalolos has attained or will attain a population of 2#D(DDD( whether actual or pro1ected( before Aay 1D(
2D1D elections. 'hus( the City of Aalolos is not 3ualified to have a legislative district of its own under Section #93>( rticle 2I of the 1+,& Constitution and Section 3 of the /rdinance appended to the1+,&
Constitution. ('l$&$b$ v. Co1elec, G.R. No. 188/+8, =$!. 20, 2/1/) Q: Co#4( ss #act % a law ( a!!o(tio#i#4 th co2!ositio# o" th P(o6i#c o" Ca2a(i# s S$( a#% c( at % l 4islati6 %ist(icts th ( o#. AI$i#o chall #4 % th law ' ca$s it ($#s a"o$l to th co#stit$tio#al ( I$i( 2 #t that th ( 2$st ' 1:M,MMM !o!$latio# c( at a l 4islati6 %ist(icts. Co2 l c a(4$ % that th 2 #tio# ( I$i( 2 #t %o s #ot a!!l3 to !(o6i#c s. Is th 1:M,MMM !o!$latio# sta#%a(% a# i#%is! #si'l ( I$i( 2 #t "o( th c( atio# o" a l 4islati6 %ist(ict i# !(o6i#c s? A: Go. Section #93>( rticle 2I of the 1+,& Constitution which re3uires 2#D(DDD minimum population re3uirement apply only for a city to be entitled to a representative but not for a province. 'he provision draws a plain and clear distinction between the entitlement of a city to a district on one hand( and the entitlement of a province to a district on the other. *or while a province is entitled to at least a representative( with nothing mentioned about population( a city must first meet a population minimum of 2#D(DD in order to be similarly situated. ('3u#!o $!& Robre&o v. Co1elec, G.R. No. 189+93, 'pr#l +, 2/1/) Q: Co#4( ss !ass % a law !(o6i%i#4 "o( th a!!o(tio#2 #t o" a # w l 4islati6 %ist(ict i# CDO Cit3. Th CO-ELEC s$'s I$ #tl3 iss$ % a ( sol$tio# i2!l 2 #ti#4 sai% law. / #ow assails th ( sol$tio#, co#t #%i#4 that ($l s "o( th co#%$ct o" a !l 'iscit 2$st "i(st ' lai% %ow#, as !a(t o" th ( I$i( 2 #ts $#% ( th Co#stit$tio#. Acco(%i#4 to /, th a!!o(tio#2 #t is a co#6 (sio# a#% %i6isio# o" CDO Cit3, "alli#4 $#% ( S ctio# 0M A(t > o" th Co#stit$tio#, which !(o6i% s "o( th ($l o# c( atio#, %i6isio#, 2 (4 (, a#% a'olitio# o" L,Us. D ci% . A: 'here is no need for a plebiscite. CI/ City politically remains a single unit and its administration is not divided along territorial lines. Its territory remains whole and intact. 'hus( Section 1D rt. J of the Constitution does not come into play. 9:$.$bu9o v. CO7-L-C, G.R. No. 1+69/, ,ec. 8 2//8>
%. DI)ISION, -ER,ER, A/OLITION Q: What a( th ( I$i( 2 #ts "o( %i6isio# a#% 2 (4 ( o" local 4o6 (#2 #t $#its? A: Same re3uirements as creation of "L5 prov#&e& 8 1. It shall not reduce the income( population or land area of the "L5@S concerned to less than minimum re3uirements prescribed4 2. Income classification of the original "L5@S shall not fall below its current income classification prior to division. (8ec.8 R.'. +16/) 3. Plebiscite be held in "L5s affected (8ec.1/ R.'. +16/) !. ssets and liabilities of creation shall be e3uitably distributed between the "L5s affected and new "L5. (R.'. 688) Q: Wh # 2a3 a# L,U ' a'olish %? A: ?hen its income( population or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation( as certified by the national agencies mentioned. (8ec. 9, R.'. +16/)
Not : barangay may officially e.ist on record and the fact that nobody resides in the place does not result in its automatic cessation as a unit of local government. (8$r$!.$!# v". CO7-L-C, G.R. No. 13092+. =u!e 26, 2///)
2.
pproved by a ma1ority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. (8ec.1/ R.'. +16/)
. LOCAL ,O)ERN-ENT CODE Q: How sho$l% th Co% ' i#t (!( t %? Local ,o6 (#2 #t
A : ,R: 'hat any doubt or 3uestion on a power of local government shall be resolved in favor of devolution of powers and in favor of the "L5. (8ec.0 ($) R.'. +16/) >PN: In case of ta. measures enacted by local government( any doubts shall be resolved strictly against the local government and liberally in favor of the ta.payer. (8ec.0 (b) R.'. +16/) Q: What a( th i#t (!( ti#4 th Local ,o6 (#2 #t Co% ? A : A: 1. 'he law or ordinance abolishing a local government unit shall specify the province( city( municipality( or barangay with which the local government unit sought to be abolished will be incorporated or merged. (8ec.9 R.'. +16/) oth ( ($l s i#
Q: Who 2a3 a'olish a L,U? A: 1. Congress - in case of provinces( city( municipality( or any other political subdivision. 2. Sangguniang Panlalawigan or Sangguniang Panglungsod - in case of a barangay( e.cept in Aetropolitan Aanila area and in cultural communities. (8ec.9 R.'. +16/) Q: What a( th ( I$i( 2 #ts !( sc(i' % '3 law i# a'olishi#4 L,Us?
1.
2.
3.
Ge!er$l Melf$re prov#"#o!" - liberally interpreted to give more powers to the local government units in accelerating economic development and upgrading the 3uality of life for the people in the community R#.6t" $!& obl#.$t#o!" e<#"t#!. o! effect#v#t9 of t6#" LGC $!& $r#"#!. out of co!tr$ct" - governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested Re"olut#o! of co!trover"#e" %6ere !o le.$l prov#"#o! or Cur#"pru&e!ce $ppl#e" - Cesort to the customs and traditions of the place where the controversies ta)e place. (8ec. 0, R.'. +16/)
0. PRINCIPLES OF LOCAL AUTONO-* Q: What is th !(i#ci!l o" local a$to#o23? A: 5nder the 1+,& Constitution( it simply means decentralization4 it does not ma)e the local governments sovereign within the state or an 6#1per#u1 #! #1per#o7. (:$"co v. P'GCOR, G.R. 91649, 7$9 14, 1991)
Q: Disti#4$ish % c #t(ali5atio# o" a%2i#ist(atio# ;DA< "(o2 % c #t(ali5atio# o" !ow ( ;DP<. A: 91/, LGC DA 0
Consists merely in the delegation of administrative powers to broaden the base of governmental power.
2.
?here the law is silent( "L5 have the discretion to select reasonable means and methods to e.ercise (Ro&r#.ue , pp. t6 -&#t#o!)
DP Involves abdication by the national government of political power in favor of "L5s declared
Q: What a( th %i"" ( #t 4o6 (#2 #tal !ow (s o" th L,U? A: 1. 2. 3. !. #. $. &. ,. +. 1D. 11. 12. 13. 1!. Police power <asic services and facilities Power to generate and apply resources Power of eminent domain 'a.ing Power Ceclassification of "and "ocal legislative power Closure and opening of roads Corporate Powers "iability of "L5s Settlement of <oundary Iisputes Succession of "ocal /fficials Iiscipline of "ocal /fficials uthority over police units
Q: D "i# % 6ol$tio# with ( s! ct to local 4o6 (#2 #t $#its. A: 'he act by which the national government confers power and authority upon the various local government units to perform specific functions and responsibilities.
1. ,ENERAL POWERS AND ATTRI/UTES OF A LOCAL ,O)ERN-ENT UNIT
Q: What a( th so$(c s o" !ow (s o" a 2$#ici!al co(!o(atio#? A: 1. 2. 3. !. Constitution Statutes 9e.g. "LC> Charter Ioctrine of right to Self0 Lovernment 9but only to those where it can be applied>
1.a. Polic Pow ( Q: What is th #at$( o" th !olic !ow ( o" th L,U? A: 'he police power of the "L5 is not inherent. manner of e.ercise( procedure must be followed.
Q: What a( th classi"icatio#s o" 2$#ici!al !ow (s? A: 1. 2. 3. !. %.press( Implied( Inherent Lovernment or public( Corporate or private Intramural( e.tramural Aandatory( directory4 ministerial( discretionary
Q: How a( !ow (s to ' ? c$t %? A: 1. ?here statute prescribes the

UNI)ERSIT*
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"L5s e.ercise the police power under the .e!er$l %elf$re cl$u"e. (8ec 16, R.'. +16/) Q: What a( th ( I$isit sSli2itatio#s "o( th ? (cis o" th !olic !ow ( "o( it to ' co#si% ( % as !(o! (l3 ? (cis %? A: 1. 'he interests of the public generally( as distinguished from those of a particular class( re3uire the interference of the state. (-3u$l protect#o! cl$u"e) 'he means employed are reasonably necessary for the attainment of the ob1ect sought to be accomplished and not duly oppressive. (,ue proce"" cl$u"e) %.ercisable only within the territorial limits of the "L5( e.cept for protection of water supply (8ec 16, R.'. +16/) Aust not be contrary to the Constitution and the laws.
2.
3. !.
UNI)ERSIT*
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Q: -a3 a #$isa#c ' E$%icial !(oc %i#4?
a'at % witho$t a
Not : business permit cannot( by the imposition of condition( be used to regulate the practice of a
A: Mes( provide it is nuisance per se. 'he abatement of nuisances without 1udicial proceedings applies to nuisance per se or those which affect the immediate safety of persons and property and may be summarily abated under the undefined law of necessity. (?$9$b$! v. People, G.R. No. 10/194, 7$r. 6, 2//+)
Not : 'he local sanggunian does not have the power to find( as a fact( that a particular thing is a nuisance per se( a thing which must be determined and resolved in the ordinary courts of law ('C -!terpr#"e, *!c. v. 4r$belle Propert#e" Corpor$t#o!, G.R. No. 166+44, Nov. 2, 2//6)
Q: What %o s th !ow ( to iss$ lic #s s a#% ! (2its i#cl$% ? A: It includes the power to revo)e( withdraw or restrict through the imposition of certain conditions. Fowever( the conditions must be reasonable and cannot amount to an arbitrary interference with the business. ('cebe&o Opt#c$l Co1p$!9, *!c. v". C', G.R. No. 1//102. 7$rc6 31, 2/// )
Not : /nly the Sanggunian( not the mayor of the city( has the power to allow coc)pits( stadiums( etc. ?ithout an ordinance( he cannot compel mayor to issue him a business license
9C$!et v. ,ece!$, G.R. No. 100344, =$!. 2/, 2//4) Q: Disti#4$ish ' tw # th 4(a#t o" a lic #s o( ! (2it to %o '$si# ss a#% th iss$a#c o" a lic #s to #4a4 i# th !(actic o" a !a(tic$la( !(o" ssio#. A :
LICENSESPER-IT TO DO /USINES Lranted by the local authorities uthorizes the person to engage in the business or some form of commercial LICENSE TO EN,A,E IN <oard or A Commission tas)ed to regulate the particular profession uthorizes a natural person to engage in the practice or e.ercise of his or her
profession. ('cebe&o Opt#c$l v. C', G.R. No. 1//102, 7$r. 31, 2///)
contract of sale will be e.ecuted
b.
1.'. E2i# #t Do2ai# Q: What a( th ( I$isit s "o( a 6ali% ? (cis o" !ow ( o" 2i# #t %o2ai# '3 L,U? A: OPOC n Ordinance is enacted by the local legislative council authorizing the local chief e.ecutive( in behalf of the local government unit( to e.ercise the power of eminent domain or pursue e.propriation proceeding over a particular property. resolution will not suffice for a "L5 to be able to e.propriate private property4 a municipal ordinance is different from a resolution in that an ordinance is a law while a resolution is merely a declaration of the sentiment or opinion of a lawma)ing authority on a specific matter.
Not :
If owner accepts but at a higher price8 "ocal chief e.ecutive shall call a conference for the purpose of reaching an agreement on the selling price4 If agreed( contract of sale will be drawn. ('rt#cle 30 of LGC *RR)
1.
2. 3. !.
*or Public use( purpose or welfare of for the benefit of the poor or landless Payment of 1ust Compensation valid and definite Offer has been previously made to the owner of the property sought to be e.propriated( but said offer was not accepted. (7u!#c#p$l#t9 of P$r$!$3ue v". ).7. Re$lt9 Corpor$t#o! G.R. No. 12+82/. =ul9 2/, 1998)
Q. What a( th %$ !(oc ss ( I$i( 2 #ts i# 2i# #t %o2ai#? A: /ffer must be in writing specifying8 1. Property sought to be ac3uired 2. 'he reason for the ac3uisition 3. 'he price offered
N o t : a.
If
owner
accepts
offer8
Q: What a( th a$tho(i5 % i22 %iat A : 1. 2.
( I$isit s #t(3?
"o(
a#
ordinance( or order must be premised specifically upon the fact that such resolution( ordinance( or order is outside the scope of the legal powers conferred by law. If a provincial board passes
'he filling of a complaint for e.propriation sufficient in form and substance 'he deposit of the amount e3uivalent to fifteen percent 91#B> of the fair mar)et value of the property to be e.propriated based on its current ta. declaration. (C#t9 of *lo#lo v" Le.$"p#J G.R. No. 104614, Nove1ber 20, 2//4)
Not : 5pon compliance( the issuance of writ of possession becomes ministerial. (C#t9 of *lo#lo v" Le.$"p#, G.R. No. 104614, Nove1ber 20, 2//4)
Q: What a( th two ?!(o!(iatio# !(oc %i#4s? A : 1.
!has s
o"
'he determination of the authority to e.ercise the power of eminent domain and the propriety of its e.ercise in the conte.t of the facts involved in the suit. 'he determination by 61ust compensation for sought to be ta)en. Ro3ue, ?$l#"$9, Cebu 4r$!c#"co P$"tor, G.R. =u!e 2/, 2///) the court of the property (:r.9. 8o! v. 5e#r" of No. 138896,
2.
Q: -a3 th Sa#44$#ia#4 Pa#lalawi4a# 6ali%l3 %isa!!(o6 a ( sol$tio# o( o(%i#a#c o" a 2$#ici!alit3 calli#4 "o( th ?!(o!(iatio# o" !(i6at !(o! (t3 to ' 2a% sit o" a Fa(2 (s c #t ( a#% oth ( 4o6 (#2 #t s!o(ts "aciliti s o# th 4(o$#% that sai% F ?!(o!(iatio# is $## c ssa(3 co#si% (i#4 that th ( a( still a6aila'l lots o" th 2$#ici!alit3 "o( th sta'lish2 #t o" a 4o6 (#2 #t c #t (G? A: Go( 'he only ground upon which a provincial board may declare any municipal resolution( ordinance or order invalid is when such resolution( ordinance( or order is :beyond the powers conferred upon the council or president ma)ing the same.; strictly legal 3uestion is before the provincial board in its consideration of a municipal resolution( ordinance( or order. 'he provincial board;s disapproval of any resolution(
these limits( it usurps the legislative functions of the municipal council or president. Such has been the consistent course of e.ecutive authority.7 ()el$ co v. :l$" G.R. No., L3/406 =ul9 3/, 1982) 1.c. Ta?atio# Q: What is th #at$( o" th !ow ( o" ta?atio#? I# L,Us? A: municipal corporation( unli)e a sovereign state( is clothed with no inherent power of ta.ation. 'he charter or statue must plainly show an intent to confer that power or the municipality cannot assume it. nd the power when granted is to be construed strictissimi 1uris. (7e&#!$ v". C#t9 of :$.u#o, G.R. No. L4/6/ 'u.u"t 29, 1902) Q: U#% ( th Co#stit$tio#, what a( th th( 2ai# so$(c s o" ( 6 #$ s o" local 4o6 (#2 #t $#its? A: 1. 'a.es( fees( and charges. (8ec. 0, 'rt. (, 198+ Co!"t#tut#o!) 2. Share in the national ta.es. (Share in the proceeds of the utilizations and development of the national wealth within their areas. (8ec. +, 'rt. (, 198+ Co!"t#tut#o!) 3. 8ec. 6, 'rt. (, 198+ Co!"t#tut#o!) Q: What a( th "$#%a2 #tal !(i#ci!l s that shall 4o6 (# th ? (cis o" th ta?i#4 a#% ( 6 #$ =(aisi#4 !ow (s o" local 4o6 (#2 #t $#its? A: 1. 2. 'a.ation shall be uniform in each local government unit 'a.es( fees( charges and other impositions shall be e3uitable and based as far as practicable on the ta.payer;s ability to pay4 be levied and collected only for public purpose4 not be un1ust( e.cessive( oppressive( or confiscatory4 not be contrary to law( public policy( national economic policy( or restraint of trade4 'he collection of local ta.es( fees( charges and other impositions shall in no case be left to any private person 'he revenue collected shall inure solely to the benefit of and be sub1ect to
3. !.
#.
disposition by( the local government unit( unless specifically provided therein4 %ach local government( as far as practicable( evolves a progressive system of ta.ation. (8ec. 13/, R.'. +16/)
shares of "L5s in the national internal revenue. 'his is mandated by no less than the Constitution. 'he "ocal Lovernment Code specifies further that the release shall be made directly to the "L5 concerned within five 9#> days after every 3uarter of the year and H"6$ll !ot be "ubCect to $!9 l#e! or 6ol&b$cF t6$t 1$9 be
Q: U#% ( th Co#stit$tio#, what is th 'asis o" AR--Hs ta?i#4 !ow (? A: 'he CAA has the legislative power to create sources of revenues within its territorial 1urisdiction and sub1ect to the provisions of the 1+,& Constitution and national laws. (8ec. 2/AbB, 'rt. ()
Q: Disti#ctio# ' tw
# th !ow ( to ta? '3 o(%i#a(3 L,Us a#% that o" th A$to#o2o$s R 4io#s. A :
L,UHs L,UHs i#si% o$tsi% a$to#o2o$s a$to#o2o$s ( %ower 4io#s ;i3e3 *asis of Taxin# /rganic ct which Sec. #( rticle J( Sec. 1+,& 2D9b>( rticle J( Constitution 1+,& Governin# Guidelines Constitution and limitatitons "ocal Lovernment Code of Cespective /rganic ct
Not : 5nli)e Sec. #( rticle J( Sec. 2D( rticle J of the 1+,& Constitution is not self0e.ecuting. It merely authorizes Congress to pass the /rganic ct of the autonomous regions which shall provide for legislative powers to levy ta.es upon their inhabitants.
Q: Th !( si% #t, th(o$4h AO 981, o(% (s th withhol%i#4 o" 0M ! (c #t o" th L,UsN IRA C! #%i#4 th ass ss2 #t a#% 6al$atio# '3 th D 6 lo!2 #t /$%4 t Coo(%i#ati#4 Co22itt o" th 2 (4i#4 "iscal sit$atio#C i# th co$#t(3. Is th AO 6ali%? A: Go( basic feature of local fiscal autonomy is the $uto1$t#c release of the
#1po"e& b9 t6e !$t#o!$l .over!1e!t for %6$tever purpo"e.H s a rule( the term HshallH is a word of command that must be given a compulsory meaning. 'he provision is( therefore( imperative. (P#1e!tel, =r. v. '.u#rre, G.R. No. 132+,,( Kuly 1+( 2 D D D> Q: What a( th "$#%a2 #tal !(i#ci!l s 4o6 (#i#4 "i#a#cial a""ai(s, t(a#sactio#s a#% o! (atio#s o" L,Us? A : 1. Go money shall be paid out of the local treasury e.cept in pursuance of an appropriation ordinance or law4 "ocal government funds and monies shall be spent solely for public purposes4 "ocal revenue is generated only from sources e.pressly authorized by law or ordinance( and collection thereof shall at all times be ac)nowledged property ll monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds( unless otherwise provided 'rust funds in the local treasury shall not be paid out e.cept in the fulfillment of the purpose for which the trust was created or the funds received %very officer of the local government unit whose duties permit or re3uire the possession or custody of local funds shall be properly bonded( and such officer shall be accountable and responsible for said funds and for the safe)eeping thereof in conformity with the provisions of law4 "ocal governments shall formulate a sound financial plans and local budgets shall be based on functions( activities and pro1ects( in terms of e.pected results
,.
"ocal budget plans and goals shall( so far as practicable( be harmonized with national development plans( goals and strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical resources
2.
3.
!.
#.
$.
&.
ii. +. "ocal budgets operationalize approved development plans shall local iii.
1D.
"ocal government units shall ensure that their respective budgets incorporate the re3uirements of their component units and provide for e3uitable allocation of resources among these component units
Component city or municipality where it was e.tracted0 3DB <arangay where it was e.tracted0 !DB (8ec. 138 R.'. +16/)
e. f. g.
11. Gational planning shall be based on local planning to ensure that the needs and aspirations of the people as articulated by the local government units in their respective local development places( are considered in the formulation of budgets of national line agencies or offices 12. *iscal responsibility shall be shared by all those e.ercising authority over the financial affairs( transactions and operations of the local government units4 and 2.
Professional ta.8 not e.ceeding P3DD.DD. (8ec. 139 R.'. +16/) musement ta.8 not more than 3DB of the gross receipts. (8ec. 14/ R.'. +16/) nnual fi.ed ta. for every delivery truc) or van of manufacturers or producers( wholesalers of( dealers( or retailers in certain products8 not e.ceeding P#DD.DD (8ec. 141 R.'. +16/)
13. 'he local government unit shall endeavor to have a balanced budget in each fiscal year of operation(8ec. 3/0, R.'. +16/) Q: What a( th ta? s that 2a3 ' i2!os % '3 th L,Us? A: 1. 4or prov#!ce" a. 'a. on transfer of real property ownership 9sale( donation( barter( or any other mode of transferring ownership>8 not more than #DB of 1B of the total consideration involved in the ac3uisition of the property (8ec. 130 R.'. +16/) b. 'a. on business of printing and publication8 not e.ceeding #DB of 1B of the gross annual receipt (8ec. 136 R.'. +16/) c. *ranchise ta.8 not e.ceeding #DB of 1B of the gross annual receipt (8ec. 13+ R.'. +16/) d. 'a. on sand( gravel and other 3uarry resources8 not
4or 1u!#c#p$l#t#e" Aay levy ta.es( fees( and charges not otherwise levied by provinces( e.cept as provided for in the "LC. a. 'a. on business. (8ec. 143 R.'. +16/) b. *ees and charges on business and occupation e.cept those reserved for the province. (8ec. 14+ R.'. +16/) c. *ees for sealing and licensing of weights and measures. (8ec. 148 R.'. +16/) d. *ishery rentals( fees and charges. (8ec. 149 R.'. +16/) more than 1DB of the fair mar)et value per cubic meter. Proceeds will be distributed as follows8 i. Province0 3DB
1.
4or c#t#e" @ Aay levy ta.es( fees and charges which the province and municipality may impose provided8 a. 'hat the ta.es( fees and charges levied and collected of highly urbanized and independent component cities shall accrue to them( and b. 'hat the rate that the city may levy may e.ceed the ma.imum rates allowed for the province or municipality by not more than #DB e.cept the rates of professional and amusement ta.es. (8ec. 101 R.'. +16/)
Q: What a( th ta? s, " s a#% cha(4 s that 2a3 ' i2!os % '3 th 'a(a#4a3? A: 1. 'a.es on stores and retails with fi.ed business establishment with gross sales
of the preceding calendar year of P#D(DDD or less( in the case of cities and P3D(DDD or less( in the case of municipalities( at a rate not e.ceeding 1B on such gross sales or receipts. 2. services rendered 3. barangay clearances !. commercial breeding of fighting coc)s( coc)fights and coc)pits #. places of recreation which charge admission fees $. <illboards( signboards( neon signs and outdoor advertisements. (8ec. 102 R.'. +16/ )
Not : ?here the Secretary of Kustice reviews( pursuant to law( a ta. measure enacted by a local government unit to determine if the officials performed their functions in accordance with law( i.e( with the prescribed procedure for the enactment of ta. ordinances and the grant of powers under the "ocal Lovernment Code( the same is an act of mere supervision and not control (,r#lo! v". L#1, G.R. No. 11249+, 'u..4, 1994).
ensuing 3uarter and the ta.es( fees( or charges due shall begin to accrue therefrom. ('rt. 2+6, *RR of LGC) Q: Th P(o6i#c o" Palawa# !ass s a# o(%i#a#c ( I$i(i#4 all ow# (sSo! (ato(s o" "ishi#4 6 ss ls that "ish i# wat (s s$((o$#%i#4 th !(o6i#c to i#6 st t # ! (c #t ;0MT< o" th i( # t !(o"its "(o2 o! (atio#s th ( i# i# a#3 #t (!(is locat % i# Palawa#. NARCO Fishi#4 Co(!., a Fili!i#o co(!o(atio# with h a% o""ic i# Na6otas, - t(o -a#ila, chall #4 s th o(%i#a#c as $#co#stit$tio#al. D ci% th cas . A: 'he ordinance is invalid. 'he ordinance was apparently enacted pursuant to rt. J( Sec. & of the Constitution( which entitles local governments to an e3uitable share in the proceeds of the utilization and development of the national wealth within their respective areas. Fowever( this should be made pursuant to law. law is needed to implement this provision and a local government cannot constitute itself unto a law. In the absence of a law the ordinance in 3uestion is invalid. Q: Who % t (2i# s th l 4alit3 !(o!(i t3 o" a local ta? o(%i#a#c ( 6 #$ 2 as$( ? o( o(
Q: What !(oc %$( s 2$st a L,U co2!l3 with "o( a ( 6 #$ o(%i#a#c to ' 6ali%? A : 1. prior public hearing on the measure conducted according to prescribed rules. 2. Publication of the ta. ordinance( within 1D days after their approval( for 3 consecutive days in a newspaper of local circulation provided that in provinces( cities( and municipalities where there are no newspapers of local circulation( the same may be posted in at least two 92> conspicuous and publicly accessible places.
Not : If the ta. ordinance or revenue measure contains penal provisions as authorized in rticle 2,D of this Cule( the gist of such ta. ordinance or revenue measure shall be published in a newspaper of general circulation within the province where the sanggunian concerned belongs. ('rt. 2+6, *RR of LGC)
A: It is the Secretary of Kustice who shall determine 3uestions on the legality and constitutionality of ordinances or revenue measures. Such 3uestions shall be raised on appeal within thirty 93D> days from the effectivity thereof to the Secretary of Kustice who shall render a decision within si.ty 9$D> days from the date of receipt of the appeal8 Provided( however( 'hat such appeal shall not have the effect of suspending the effectivity of the ordinance and the accrual and payment of the ta.( fee( or charge levied therein8 Provided( finally( 'hat within thirty 93D> days after receipt of the decision or the lapse of the si.ty0day period without the Secretary of Kustice acting upon the appeal( the aggrieved party may file appropriate proceedings with a court of competent 1urisdiction 9C'C>. (8ec. 18+ R.'. +16/) Q: What is th #at$( o" a co22$#it3 ta??
Q: Wh # shall a ta? o(%i#a#c "" ct?
ta&
A: In case the effectivity of any ta. ordinance or revenue measure falls on any date other than the beginning of the 3uarter( the same shall be considered as falling at the beginning of the ne.t
ACADE-ICS CHAIR: "%S'%C K M " *"/C%S II )ICE CHAIRS FOR ACADE-ICS: O F%GCM C. A%GI/Q
G %. C%G
A: Community ta. is a poll or capitation ta. which is imposed upon person who resides within a specified territory.
K/M ,. S
<5L/
P K/FG
193
Q: Who a( ? 2!t % "(o2 th !a32 #t o" th co22$#it3 ta?? A : 1. 2. Iiplomatic and consular representatives4 'ransient visitors when their stay in the Philippines does not e.ceed 3 months. (8ec. 109 R.'. +16/)
Q: What a( th ( I$isit s "o( a ( al stat ta? !(ot st?
use real property such as land( building( machinery( and other improvements( unless specifically e.empted.
Not : Ceal property ta.es are local ta.es and not national ta.es. (P#1e!tel, 2//+ -&#t#o!, p. 410)
Q: What a( th ( 2 %i s a6aila'l to th local 4o6 (#2 #t $#its to #"o(c th !a32 #t o" ta? s? A : 1. Imposing penalties 9surcharges and penalty interest> in case of delin3uency (8ec. 16+ R.'. +16/) 2. vailing local government;s liens (8ec. 1+3 R.'. +16/) 3. dministrative action through distraint of goods( chattels( and other personal property (8ec. 1+4($) R.'. +16/) !. Kudicial action (8ec. 1+4(b) R.'. +16/) Q: What a( ( 6 #$ ? th oth ( so$(c s o"
A: 'he local government units are entitled to definite shares in8 1. 'he proceeds from development and utilization of mines( forests( and marine resources up to !DB of the gross collections there from by the national government. (8ec. 29/ R.'. +16/) 'he proceeds of government owned or controlled corporations engaged in the utilization and development of the national wealth up to 1B of the gross sales or !DB of the gross collections made by the national government there from( whichever is higher. (8ec. 291 R.'. +16/) ( al !(o! (t3
2.
Q: What a( ta? s?
A: 'hese are directly imposed on privilege to
A:
1. 2. 3.
'he ta.payer has already paid the ta. 'he protest must be in writing Aust be filed within 3D days from payment of the ta. to the local treasurer concerned who shall decide the same within $D days from receipt of such protest.
Not : Payment of ta. is precondition in protest 3uestioning the reasonableness of the assessment or amount of ta.4 but not when the issue raised is the authority of assessor or treasurer. (2r"$l, P6#l#pp#!e L$% o! Loc$l Gover!1e!t ?$<$t#o!, 2/// -&.)
Q: How 2$ch ( al !(o! (t3 ta? ca# ' i2!os % '3 th local 4o6 (#2 #t $#its? A: real estate levy may be imposed by the province or city or a municipality w@in metro manila as follows8 1. 2. <y the province( not e.ceeding 1B of the assessed value of the property4 and <y the city or a municipality w@in metro manila( not e.ceeding 2B of the assessed value of the property. (8ec. 233 R.'. +16/)
Q: /a3a#t l was 4(a#t % '3 Co#4( ss a"t ( th "" cti6it3 o" th Local ,o6 (#2 #t Co% ;L,C<, a l 4islati6 "(a#chis with ta? ? 2!tio# !(i6il 4 s which !a(tl3 ( a%s Fth 4(a#t , its s$cc sso(s o( assi4#s shall ' lia'l to !a3 th sa2 ta? s o# th i( ( al stat , '$il%i#4s a#% ! (so#al !(o! (t3, ?cl$si6 o" this "(a#chis , as oth ( ! (so#s o( co(!o(atio#s a( #ow o( h ( a"t ( 2a3 ' ( I$i( % '3 law to !a3.G This !(o6isio# ?ist % i# th co2!a#3Hs "(a#chis !(io( to th "" cti6it3 o" th L,C. Q$ 5o# Cit3 th # #act % a# o(%i#a#c i2!osi#4 a ( al !(o! (t3 ta? o# all ( al !(o! (ti s locat % withi# th cit3 li2its a#% with%(awi#4 all ? 2!tio#s !( 6io$sl3 4(a#t %. A2o#4 !(o! (ti s co6 ( % a( thos ow# % '3 th co2!a#3. /a3a#t l is i2!osi#4 that its !(o! (ti s a( ? 2!t "(o2 ta? $#% ( its "(a#chis . Is /a3a#t l co(( ct? A: Mes. 'he properties are e.empt from ta.ation. 'he grant of ta.ing powers to local governments under the Constitution and the "LC does not
affect the power of Congress to grant ta. e.emptions. 'he term He.clusive of the franchiseH is interpreted to mean properties actually( directly and e.clusively used in the radio and telecommunications business. 'he subse3uent piece of legislation which reiterated the phrase 6e.clusive of this franchise7 found in the previous ta. e.emption grant to the company is an e.press and real intention on the part of the Congress to once against remove from the "LC;s delegated ta.ing power( all of the company;s properties that are actually( directly and e.clusively used in the pursuit of its franchise. (?6e C#t9 Gover!1e!t of >ue o! C#t9, et $l., v. :$9$! ?eleco11!#c$t#o!", *!c., G.R. No. 162/10, 7$r. 6, 2//6)
Not : n ordinance levying ta.es( fees or charges shall not be enacted without any prior public hearing conducted for the purpose.
3.
nd the corresponding recommendation of the secretaries of the Iepartment of *inance( Interior and "ocal Lovernment( and <udget and Aanagement. (P#1e!tel, =r. v". '.u#rre, G.R. No. 132+,,( Kuly 1+( 2DDD>
Q: -a3 a local 4o6 (#2 #t $#it ;L,U< ( 4$lat th s$'sc(i' ( (at s cha(4 % '3 ca'l t6 o! (ato(s withi# its t ((ito(ial E$(is%ictio#? A: Go. 5nder %./. Go. 2D#( the Gational 'elecommunications Commission has e.clusive 1urisdiction over matters affecting C '2 operation( including specifically the fi.ing of subscriber rates. C '2 system is not a mere local concern. 'he comple.ities that characterize this new technology demand that it be regulated by a specialized agency. 'his is particularly true in the area of rate0fi.ing. Fowever( there is nothing under %./. 2D# precludes "L5s from e.ercising its general power( under C. . Go. &1$D( to prescribe regulations to promote health( morals( peace( education( good order or safety and general welfare of their constituents. (:$t$!.$" C'?), *!c. v. C', G.R. No. 13881/, 8ept. 29, 2//4)
(4#.uerre" v. C', G.R. No. 1191+2, 7$r.20, 1999) Q: What a( th s! cial l 6i s o# ( al !(o! (t3? A: 1. special education fund may also be assessed in provinces( cities( or Aetropolitan Aanila municipalities up to a ma.imum of 1B of the assessed value of a real property. (8ec. 230 R.'. +16/ ) 2. Idle lands in provinces( cities or municipalities in Aetro Aanila may be additionally ta.ed at not e.ceeding #B of their assessed value. (8ec. 236 R.'. +16/ ) "ands benefited by public wor)s pro1ects or improvements in provinces( cities and municipalities may be levied a special ta. of not e.ceeding $DB of the actual cost of the pro1ect. (8ec. 24/ R.'. +16/ )
1.%. Clos$( o" Roa%s Q: What a( s$'E ct to th !ow ( o" a# L,U to o! # o( clos a (oa%? A: ny local road( alley( par)( or s3uare falling within its 1urisdiction may be closed( either permanently or temporary. (8ec 21($) R.'. +16/) Q: What a( th li2itatio#s i# cas ! (2a# #t a#% t 2!o(a(3 clos$( ? A : o"
3.
Q: What a( th ( I$isit s so that th P( si% #t 2a3 i#t (" ( i# local "iscal 2att (s?
A: 1. 2. n unmanaged public sector deficit of the national government4 Consultations with the presiding
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officers of the Senate and the Fouse of Cepresentatives and the presidents of the various local leagues4
1.
*! c$"e of per1$!e!t clo"ureJ a. Aust be approved by at least 2@3 of all the members of the sanggunian and when necessary provide for an ade3uate substitute for the public facility b. de3uate provision for the public safety must be made c. 'he property may be used or conveyed for any purpose for which other real property may be
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lawfully used or conveyed( but no freedom par) shall be closed permanently without provision for its transfer or relocation to a new site. (8ec 21($Eb) R.'. +16/) 2. *! c$"e of te1por$r9 clo"ureJ a. *or actual emergency( fiesta celebration( public rallies( agricultural or industrial wor)s and highway telecommunications and water wor) pro1ects b. Iuration of which shall be specified c. %.cept for those activities not officially sponsored or approved by the "L5 concerned (8ec 21(c) R.'. +16/)
Not : Fe shall certify within 1D days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided.
(8ec. 49(b) R.'. +16/) Q: -a3 a# i#c$2' #t )ic =,o6 (#o(, whil co#c$(( #tl3 th acti#4 4o6 (#o(, co#ti#$ to !( si% o6 ( th s ssio#s o" th Sa#44$#ia#4 Pa#lalawi4a#? I" #ot, who 2a3 !( si% i# th 2 a#ti2 ? A: vice0governor who is concurrently an acting governor is actually a 3uasi0 governor. *or purposes of e.ercising his legislative prerogatives and powers( he is deemed a non0member of the SP for the time being. In the event of inability of the regular presiding officer to preside at the sanggunian session( the members present and constituting a 3uorum shall elect from among themselves a temporary presiding officer.(G$1bo$ v. '.u#rre, G.R. No. 134213, =ul9 2/, 1999) Q: What is th sa#44$#ia#? I$o($2 i# th
Not : ny city( municipality or barangay may( by ordinance( temporarily close and regulate the use of a local street( road( thoroughfare or any other public place where shopping( Sunday( flea or night mar)ets may be established and where articles of commerce may be sold or dispensed with to the general public. (8ec 21(&) R.'.
+16/)
1. . Local L 4islati6 Pow ( Q: Who ? (cis s local l 4islati6 !ow ( a#% th i( !( si%i#4 o""ic ( ;PO<? A : A: ma1ority of all the members of the sanggunian who have been elected and 3ualified. (8ec. 03($) R.'. +16/) Q: What a( th !(oc %$(al st !s o( actio#s to ' ta& # '3 th !( si%i#4 o""ic ( i" th ( is a I$ stio# o" I$o($2 a#% i" th ( is #o I$o($2? A: Should there be a 3uestion of 3uorum raised during a session( P/ shall the proceed to call immediately of the the roll members and thereafter announce the results. (8ec. 03($) R.'. +16/) If there is no 3uorum8 1. Ieclare a recess until such time that 3uorum is constituted 2. attendance of the member Compel
P(o6i#c Cit3
Sangguniang panlalawigan Sangguniang panlungsod Sanggunian g bayan Sanggunian g barangay
2ice0governor City vice0 mayor Aunicipality vice0mayor Punong barangay
-$#ici!alit3 /a(a#4a3
Not : 'he P/ shall vote only to brea) a tie.
(8ec. 49($) R.'. +16/) Q: I# th a's #c o" th ( 4$la( !( si%i#4 o""ic (,
who !( si% s co#c (# %?
i#
th
sa#44$#ia#
absent without 1ustifiable cause
3. Ieclare the session ad1ourned for

lac) of 3uorum and no business shall be transacted (8ec. 03(b) R.'. +16/) Q: How a( s ssio#s "i? %?
A: 'he members present and constituting a 3uorum shall elect from among themselves a temporary presiding officer.
A:
IF RE,ULAR SESSIONS <y resolution on the 1 day of the session immediately following the election the elections of its members
st
IF SPECIAL SESSIONS ?hen public interests so demand may be called by the local chief e.ecutive or by a ma1ority of the members of the sanggunian
Q: What a( th ( I$i( 2 #ts o" a sa#44$#ia# s ssio#? A: Shall be open to public unless it is a closed0door session 2. Go two sessions( regular or special( ORDINANCE RESOLUTION may "aw Aerely a declaration of the be held in a single day 3. Ainutes of the session be recorded and each sanggunian shall )eep a 1ournal and record of its proceedings which may be published upon resolution of the sanggunian concerned. !. In case of special sessions8 a. ?ritten notice to the members must be served personally at least 2! hours before 5nless otherwise concurred in 2@3 votes of the sanggunian members present( there being no 3uorum( no other matters may be considered at a special session e.cept those stated in the notice. 9Sec. #2 C. . &1$D> Q: O# its "i(st ( 4$la( s ssio#, 2a3 th Sa#44$#ia# t(a#sact '$si# ss oth ( tha# th 2att ( o" a%o!ti#4 o( $!%ati#4 its ?isti#4 ($l s o( !(oc %$( ? A: Mes. 'here is nothing in the language of the "LC that restricts the matters to be ta)en up during the first regular session merely to the adoption or updating of the house rules. (7$lo! o v. H$1or$, G.R. No. 13++18, =ul9 2+, 1999) . Q: What a( th !(o%$cts o" l 4islati6 actio# a#% th i( ( I$isit s "o( 6ali%it3? 1. A:
b. by
Q. What a( th ( I$isit s "o( 6ali%it3? ;2$st #ot ' CUPPU, 2$st ' ,C< A: 1. 2. 3. !. #. 6. Aust not Contravene the constitution and any statute Aust not be Unfair or oppressive Aust not be Partial or discriminatory Aust not Prohibit( but may regulate trade Aust not be Unreasonable Aust be ,eneral in application and Consistent with public policy. (7$.t$C$" v". Pr9ce Propert#e" Corpor$t#o!, *!c, G.R. No. 111/9+ =ul9 2/, 1994)
Leneral and permanen t character
sentiment or opinion of a lawma)ing body on a specific matter 'emporary in nature ,R: Got necessary in resolution >PN: unless decided otherwise by a ma1ority of all the sangguniang members ('rt#cle 1/+, p$r". $ $!& c, *1ple1e!t#!. Rule"
'hird reading is necessary for an ordinance
Local I#itiati6 a#% R " ( #%$2 Q: Disti#4$ish local i#itiati6 "(o2 ( " ( #%$2. A:
INITIATI)E 'he legal process whereby the registered voters of a "L5 may directly propose( enact or amend any ordinance. (8ec. 12/ R.'. REFERENDU'he legal process whereby the registered voters of the "L5 may approve( amend or re1ect any ordinance enacted by the sanggunian. (8ec. 126 R.'.
Q: What a( th li2itatio#s o# local i#itiati6 ? A: 1. It shall not be e.ercised for more than once a year. 2. It shall e.tend only to sub1ects or matters which are within the legal
powers of the sanggunian to enact. (8ec. 124 R.'. +16/)

Not : ny proposition or ordinance approved through an initiative and referendum shall not be repealed( modified or amended by the sanggunian within $ months from the date of approval thereof( and may be amended( modified or repealed within 3 years thereafter by a vote of = of all its members. In case of barangays( the period shall be 1, months after the approval thereof. (8ec. 120 R.'. +16/)
effected(8ec. 06 $!& 08, R.'. +16/)
Q: What is th "" ct o" th #"o(c 2 #t o" a %isa!!(o6 % o(%i#a#c o( ( sol$tio#? A: It shall be sufficient ground for the suspension or dismissal of the official or employee (8ec. 08, R.'. +16/) Q: Wh # is th ( sol$tio#s? A : ,R: ?ithin 1D days from the date a copy is posted in a bulletin board and in at least 2 conspicuous spaces. (8ec. 09($) R.'. +16/) >PN: 5nless otherwise stated in the ordinance or resolution. (8ec. 09($) R.'. +16/ ) Q: What o(%i#a#c s ( I$i( !$'licatio# "o( its "" cti6it3? A: 1. 2. /rdinances that carry with them penal sanctions. (8ec. 09(c) R.'. +16/) /rdinances and resolutions passed by highly urbanized and independent component cities. (8ec. 09(&) R.'. +16/) th i#sta#c s o" a!!(o6al o" "" cti6it3 o" o(%i#a#c s o(
Q: How is a ( 6i w o" th ( sol$tio#s %o# ? A :
o(%i#a#c s o(
RE)IEW OF CO-PONENT CIT* AND -UNICIPAL ORDINANCES OR RESOLUTIONS
RE)IEW OF /ARAN,A* ORDINANCES
Sanggunian Panlalawigan
Sanggunian g Panglungsod or +hen copies of ordinance or resolutions be ?ithin 3 days forwarde ?ithin 1D days after after approval %eriod to its enactment examine ?ithin 3D days after the receipt4 may e.amine or may transmit to the provincial attorney or ?ithin 3D days provincial prosecutor. after the If the latter( must receipt submit his comments or recommendations within 1D days from receipt of +hen declared valid If no action has been ta)en Same within 3D days after submission +hen invalid 5#rounds6 If inconsistent with the law or city or municipal ordinance
+ho reviews
Q: What a( o(%i#a#c s ? A: 1. 2.
If beyond the power conferred on the sangguniang panlungsod
If the chief e.ecutive approves the same( affi.ing his signature on each and every page thereof If the local chief e.ecutive vetoes the same( and the veto is overridden by 2@3 vote of all members of the sanggunian.
Not : "ocal Chief %.ecutive may veto the ordinance only once on the ground
-ffectJ <rgy ordinance is suspended until such as the II ACADE-ICS CHAIR: "%S'%C K M time " G %. *"/C%S
)ICE CHAIRS FOR ACADE-ICS: O C%G K/M ,. S <5L/ P K/FG F%GCM C. A%GI/Q FOR A*=OUT AND D ESI,N : % C" 8"K /5I% A. A S"C )ICE CHAIRS HAIR FOR AL D-INISTRATION AND FINANCE % G%""% C. %% M 'F%%G C. A C'IG%Q
G
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that the ordinance is ultr$ v#re" and preCu&#c#$l to publ#c %elf$re. 'he veto must be communicated to the sanggunian within
a. 1# days N province b. 1D days N city or municipality Q: What a( th it 2s that th chi " ? c$ti6 2a3 6 to: local
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A : 1. Item@s of an appropriation ordinance. 2. /rdinance@resolution adopting local development plan and public investment program 3. /rdinance directing the payment of money or creating liability
Not : /rdinances enacted by the sangguniang barangay shall( upon approval by a ma1ority of all its members be signed by the punong barangay. 'he latter has no veto power.
for civil cases. ('"e$! P$c#f#c Pl$!!er" v". C#t9 of 2r&$!et$, G.R. No. 162020, 8epte1ber 23, 2//8)
1.". Co(!o(at Pow (s Q: What a( th co(!o(at !ow (s o" a# L,U? A: 1. 'o have continuous succession in its corporate name 2. 'o sue and be sued
Not : /nly the Provincial *iscal or the Aunicipal ttorney can represent a province or municipality in lawsuits. 'his is mandatory. Fence( a private attorney cannot represent a province or municipality.
3.
Not :
'o have and use a corporate seal ny new corporate seals or on such shall be registered with
changes II"L. !. #. $.
'o ac3uire and convey real or personal property 'o enter into contracts4 and 'o e.ercise such other powers as granted to corporations (8ec. 21, R.'. +16/)
Q: Who is th !(o! ( o""ic ( to ( !( s #t th cit3 i# co$(t actio#s? A: 'he city legal officer is supposed to represent the city in all civil actions and special proceedings wherein the city or any of its officials is a party( but where the position is as yet vacant( the City Prosecutor remains the city;s legal adviser and officer
Q: What is th %i"" ( #c ' tw s$a'ilit3 a#% lia'ilit3 o" th ,o6 (#2 #t?
# th Local
A: ?here the suability of the state is conceded and by which liability is ascertained 1udicially( the state is at liberty to determine for itself whether to satisfy the 1udgment or not. (7u!#c#p$l#t9 of 5$.o!o9 :ul$c$! v". 5o!. 8#1eo! ,u1&u1, G.R. No. 168289 7$rc6 22, 2/1/) Q: -a3 L,U "$#%s a#% !(o! (ti s ' s i5 % $#% ( w(its o" ? c$tio# o( 4a(#ish2 #t to satis"3 E$%42 #ts a4ai#st th 2? A: Go( 'he universal rule that where the State gives its consent to be sued by private parties either by general or special law( it may limit claimants action only up to the completion of proceedings anterior to the stage of e.ecution and that the power of the Courts ends when the 1udgment is rendered( since government funds and properties may not be seized under writs of e.ecution or garnishment to satisfy such 1udgments( is based on obvious considerations of public policy. Iisbursements of public funds must be covered by the corresponding appropriations as re3uired by law. 'he functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific ob1ects. (?r$&er" Ro9$l :$!F v. *!ter1e&#$te 'ppell$te Court, G.R. No. 68014, ,ece1ber 1+, 1 9 9 / ) Q: What is th stat % ($l ? ?c !tio# to th a'o6
against the government. In such a case( the monetary 1udgment may be legally enforced by 1udicial processes. 9C#t9 of C$looc$! v. 'll$r&e( G.R. No. 1/+2+1, 8epte1ber 1/, 2//3) Q: What a( th ( I$isit s o" a 6ali% 2$#ici!al co#t(act?
A: 'he rule on the immunity of public funds from seizure or garnishment does not apply where the funds sought to be levied under e.ecution are already allocated by law specifically for the satisfaction of the money 1udgment
A : 1. 'he local government unit has the e.press( implied or inherent power to enter into the particular contract 'he contract is entered into by the proper department board( committee( officer or agent.
4ou!&$t#o!, *!c. v". 7u!#c#p$l#t9 of P$"#., G.R. No. 10223/, 'u.u"t 9, 2//0)
2.
Not : Go contract may be entered into by the local chief e.ecutive on behalf of the local government without prior authorization by the sanggunian concerned( unless otherwise provided. (8ec 22(c) R.'. +16/)
3.
'he contract must comply with certain substantive re3uirements8 a. ctual appropriation4 and b. certificate of availability of funds 'he contract must comply with the formal re3uirements of written contracts
!.
Not : 'his includes the power to ac3uire and convey properties by the "L5 through written contracts.
Q: What a( co#t(acts?
ultra
vires
A: 'hese are contracts entered into without the first and third re3uisites. Such are null and void and cannot be ratified or validated. Q: What %oc$2 #ts 2$st s$!!o(t th co#t(act o" sal #t ( % i#to '3 th L,U? A : 1. Cesolution of the "$!..u!#$! authorizing the local chief e.ecutive to enter into a contract of sale. 'he resolution shall specify the terms and conditions to be embodied in the contract4 2. /rdinance appropriating the amount specified in the contract 3. Certification of the local treasurer as to availability of funds together with a statement that such fund shall not be disbursed or spent for any purpose other than to pay for the purchase of the property involved. (=e"u" #" Lor& C6r#"t#$! 8c6ool
Q: Is P$'lic 'i%%i#4 ( I$i( % wh # L,Us #t ( i#to co#t(acts? A: Mes( in the award of government contracts( the law re3uires competitive public bidding. It is aimed to protect the public interest by giving the public the best possible advantages thru open competition. It is a mechanism that enables the government agency to avoid or preclude anomalies in the e.ecution of public contracts. (G$rc#$ v".:ur.o", G.R. No. 12413/, =u!e 29, 1998) Q: Wh # is th ( a "ail$( o" 'i%%i#4? A: when any of the following occurs8 1. 'here is only one offeror 2. ?hen all the offers are non0complying or unacceptable. (:$.$t"#!. v". Co11#ttee o! Pr#v$t# $t#o!, G.R. No. 112399 =ul9 14, 1990 ) Q: Ca# a 2$#ici!al co#t(act ' (ati"i %? A: Go( when the local chief e.ecutive enters into contracts( he needs prior authorization or authority from the Sanggunian and not ratification. ()er.$r$ v". O1bu&"1$!, G.R. No. 1+406+, 7$rc6 12, 2//9) Q: What !(o! (ti s 2a3 ' L,Us? ali #at % '3
A: /nly Properties owned in its private or proprietary capacity 9Patrimonial Property>. (Prov#!ce of H$1bo$!.$ &el Norte v". C#t9 of H$1bo$!.$, G.R. No. L2444/, 7$rc6 28, 1968) rticle !2! of the Civil Code lays down the basic principle that properties of public dominion devoted to public use and made available to the public in general are outside the commerce of man and cannot be disposed of or leased by the local government unit to private persons. (7$c$"#$!o v". ,#oF!o, G.R. No. 9++64, 'u.u"t 1/, 1992) Q: ,i6 i2!o(ta#t ($l s ( 4a(%i#4 L,UHs !ow ( to acI$i( a#% co#6 3 ( al o( ! (so#al !(o! (t3.
A : 1. In the absence of proof that the property was ac3uired through corporate or private funds( the presumption is that it came from the State upon the creation of the municipality and( thus( is governmental or public property. (8$l$" v". =$re!c#o, G.R. No. L 29+88, 'u.u"t 3/, 19+2I R$buco v". )#lle.$", G.R. No. L24661, 4ebru$r9 28, 19+4) 'own plazas are properties of public dominion4 they may be occupied temporarily( but only for the duration of an emergency (-"p#r#tu v". 7u!#c#p$l Cou!c#l of Po orrub#o, P$!.$"#!$!, G.R. No. L11/14, =$!u$r9 21, 1908). Public plazas are beyond the commerce of man( and cannot be the sub1ect of lease or other contractual underta)ing. nd( even assuming the e.istence of a valid lease of the public plaza or part thereof( the municipal resolution effectively terminated the agreement( for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract. ()#ll$!uev$ v". C$"t$!e&$, G.R. No. L61311, 8epte1ber 2l, 198+)
Q: What is th ($l with ( s! ct to th lia'iliti s o" ;L,UHs< a#% th i( o""icials? A: "L5s and their officials are not e.empt from liability for death or in1ury to persons or damage to property 98ec. 24, R.'. +16/). Q: What a( th s! ci"ic 2a&i#4 L,Us lia'l ? A : 1. "L5 shall be liable for damages for the death of( or in1uries suffered by( any person by reason of the defective condition of roads( streets( bridges( public buildings( and other public wor)s under their control or supervision. ('rt. 2189, Ne% C#v#l Co&e) !(o6isio#s
2.
3.
Not : "L5 is liable even if the road does not belong to it as long as it e.ercises control or supervision over said roads.
2.
'he State is responsible when it acts through a special agent. 9'rt. 218/, NCC) ?hen a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property( such peace officer shall be primarily liable for damages and the city or municipality shall be subsidiarily responsible therefor.9'rt. 34, NCC)
3.
Q: Who has th a$tho(it3 to # 4otiat a#% s c$( 4(a#ts? A: 'he local chief e.ecutive may( upon authority of the sanggunian( negotiate and secure financial grants or donations in )ind( in support of the basic services and facilities enumerated under 8ec. 1+, R.'. +16/ from local and foreign assistance agencies without necessity of securing clearance or approval of any department( agency( or office of the national government or from any higher local government unit4 Provided that pro1ects financed by such grants or assistance with national security implications shall be approved by the national agency concerned.
Q: What a( th 'as s "o( 2$#ici!al lia'iliti s? A: 1. "iability arising from violation of law
Not : L#$b#l#t9 $r#"#!. fro1 v#ol$t#o! of l$% such as closing municipal streets without indemnifying persons pre1udiced thereby( non0 payment of wages to its employees or its refusal to abide a temporary restraining order may result in contempt charge and fine.
1.4. -$#ici!al Lia'ilit3 Q: What is th lia'ilit3? sco! o" 2$#ici!al
2.
"iability on contracts
A: Aunicipal liabilities arise from various sources in the conduct of municipal affairs(
both governmental proprietary.
and
A
C A D E I
CHAIR: "%S'%C K M " G %. *"/C%S II )ICE CHAIRS FOR ACADE-ICS: O C%G K/M ,. S F%GCM C. A%GI/Q
CS
<5L/
P K/FG
Not : "L5 is liable on a contract it enters into provided that the contract is #!tr$ v#re". If it is ultr$ v#re" they are not liable.
201
3.
"iability for tort

Not : L#$b#l#t9 for tort @ may be held for torts arising from the performance of its private and proprietary functions under the principle of re"po!&e$t "uper#or. 'hey are also liable for bac) salaries for employees illegally dismissed@separated or for its refusal to reinstate employees.
thereunder. (4$v#" v". 7u!#c#p$l#t9 of 8$b$!.$!, G.R. No. L26022, 4ebru$r9 2+, 1969)
Q: Stat th ($l s o# 2$#ici!al lia'ilit3 "o( to(t.
Q: What a( th co#%itio#s $#% ( which a local ? c$ti6 2a3 #t ( i#to a co#t(act i# ' hal" o" his 4o6 (#2 #t $#it? A: WAFAC
1. 2.
3.
and
'he contract must be Within the power of the municipality 'he contract must be entered into by an Authorized officer 9e... mayor with proper resolution by the Sangguniang <ayan( 8ec. 142 LGC> 'here must be appropriation Certificate of availability of funds 'he contract must conform with the Formal re3uisites of a written contract as prescribed by law4 and In some cases the contract must be Approved by the President and@or provincial governor (8ec. 2/68 $!& 8ec. 2196, Rev#"e& '&1. Co&e) is th %oct(i# o" I2!li %
!. #.
Q: What -$#ici!al Lia'ilit3 ?
A: municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract. 9Prov#!ce of Cebu v. *'C, G.R. No. L+2841, =$!. 29, 198+)
Not : -"toppel cannot be applied against a municipal corporation in order to validate a contract which the municipal corporation has no power to ma)e or which it is authorized to ma)e only under prescribed limitations or in a prescribed mode or manner - even if the municipal corporations has accepted benefits
A: LG2e!.$.e& (.over!1e!t$l fu!ct#o!) not liable 2. LG2e!.$.e& (propr#et$r9 fu!ct#o!) t6 liable (Ro&r#.ue , p.1/0, LGC 0 -&#t#o!) 1.
1.h. S ttl 2 #t o" /o$#%a(3 Dis!$t s Q: Stat how th two local 4o6 (#2 #t $#its sho$l% s ttl th i( 'o$#%a(3 %is!$t . A: <oundary disputes between local government units should( as much as possible( be settled amicably. fter efforts at settlement fail( then the dispute may be brought to the appropriate C'C in the said province. Since the "LC is silent as to what body has e.clusive 1urisdiction over the settlement of boundary disputes between a municipality and an independent component city of the same province( the C'C have general 1urisdiction to ad1udicate the said controversy. Q: What 'o%3 o( 'o%i s a( 6 st % '3 law with th a$tho(it3 to s ttl %is!$t s i#6ol6i#4: 0. Two o( 2o( ow#s withi# th sa2 !(o6i#c 1. Two o( 2o( hi4hl3 $('a#i5 % citi s. A: 1. <oundary disputes involving two or more municipalities within the same province shall be settled by the sangguniang panlalawigan concerned. 98ect#o! 118AbB, Loc$l Gover!1e!t Co&e) <oundary disputes involving two or more highly urbanized cities shall be settled by the sangguniang panlungsod of the parties. 98ect#o! 118A&B, Loc$l Gover!1e!t Co&e)
2.
Q: Stat th i2!o(ta#c o" %(awi#4 with !( cis st(o& s th t ((ito(ial 'o$#%a(i s o" a local 4o6 (#2 #t $#it. A: 'he boundaries must be clear for they define the limits of the territorial 1urisdiction of a local government unit. It can legitimately e.ercise powers of government only within the limits of its territorial 1urisdiction. <eyond these limits( its acts are ultr$ v#re". Geedless to state( any uncertainty in the boundaries of local
government units will sow costly conflicts in the e.ercise of governmental powers which ultimately will pre1udice the people;s welfare. 'his is the evil sought to be avoided by the "ocal Lovernment Code in re3uiring that the land area of a local government unit must be spelled out in metes and bounds( with technical descriptions. (7$r#$!o, =r. v. CO7-L-C, G.R. No., 1180++, 7$r. +, 1990) 9. LOCAL OFFICIALS 9.a. El cti6 O""icials Q: What a( th I$ali"icatio#s o" 4o6 (#2 #t o""icial? A : 1. 2. Aust be a *ilipino citizen Aust be a registered voter in8 a. 'he b$r$!.$9( municipality( city or province where he intends to be elected b. 'he district where he intends to be elected in case of a member if the 8$!..u!#$!. P$!l$l$%#.$!( 8$!..u!#$!. P$!lu!."o&( or 8$!..u!#$!. :$9$! Aust be a resident therein for at least 1 year immediately preceding the day of the election4 l cti6
At least 78 years old on election day 1. 2. 3. !. #. Lovernor 2ice Lovernor Aayor 2ice Aayor Aember of 8$!..u!#$!. P$!lu!."o& in highly urbanized cities At least 79 years old Aayor 2ice Aayor of Independent component cities or municipalities At least 9: years old a. b. c. d. Aember of 8$!..u!#$!. P$!.lu!."o& Aember of 8$!..u!#$!. :$9$! Pu!o!. :$r$!.$9 Aember of 8$!..u!#$!. :$r$!.$9
1. 2.
At least 9; years of a#e but not more than 9: years of a#e on election day 5as amended under '3A3 Candidates for the 8$!..u!#$!. K$b$t$$!
Q: Wh # sho$l% th ( I$i( 2 #t ' !oss ss %?
citi5 #shi!
3.
Not : 'he term 6residence7 under Section 3+9a> of the "LC of 1++1 is to be understood not in its common acceptation as referring to 6dwelling7 or 6habitation7( but rather to 6domicile7 or 6legal residence7 that is, t6e pl$ce %6ere $ p$rt9 $ctu$ll9 or co!"truct#vel9 6$" 6#" per1$!e!t 6o1e, %6ere 6e, !o 1$tter %6ere 6e 1$9 be fou!& $t $!9 .#ve! t#1e, eve!tu$ll9 #!te!&" to retur! $!& re1$#! ($!#1u" 1$!e!&#)( Co3u#ll$ v. CO7-L-C, G.R. No. 101914, =ul9 31, 2//2).
A: 'he citizenship re3uirement in the "LC is to be possessed by the elective official( at the latest( as of the time he is proclaimed and at the start of the term of office to which he has been elected. 'he "LC does not specify any particular date or time when the candidate must possess citizenship( unli)e the re3uirements for residence and age. Cepatriation under PI ,2# is valid and effective and retroacts to the date of the application. 94r#v$l&o v. CO7-L-C, G.R. No. 12/290, =u!e 28, 1996)
Not : *iling of certificate of candidacy is sufficient to renounce foreign citizenship. Fowever the Court ruling has been superseded by the enactment of C. . Go. +22# in 2DD3. C. . Go. +22# Sec. # e.pressly provides for the conditions before those who re0 ac3uired *ilipino citizenship may run for a public office in the Philippines. 9Lope v. CO7-L-C, G.R. No. 182+/1, =u!e 23, 2//8> 5pon repatriation( a former natural0born *ilipino is deemed to have recovered his original status as a natural0born citizen. (:e!. o! *** v. 5R-?, a cult ad d e Der e cho C GR F 14284/
!.
ble to read and write *ilipino@ any other local language or dialect ge re3uirement8 (8ec. 39, LGC)
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Q: > was a #at$(al='o(# Fili!i#o who w #t to th USA to wo(& a#% s$'s I$ #tl3 ' ca2 a #at$(ali5 % A2 (ica# citi5 #. How 6 (, !(io( to "ili#4 his C (ti"icat o" Ca#%i%ac3 "o( th O""ic o" -a3o( o" th -$#ici!alit3 o" , # (al -aca(th$(, East (# Sa2a(, o# 1A -a(ch 1MM8, h a!!li % "o( ( acI$isitio# o" his Phili!!i# Citi5 #shi!. S$ch a!!licatio# was s$'s I$ #tl3 4(a#t %. * "il % a ! titio# to %isI$ali"3 > o# th 4(o$#% o" "ail$( to co2!l3 with th 0= 3 a( ( si% #c3 ( I$i( 2 #t. * a(4$ s that ( acI$isitio# o" Phili!!i# citi5 #shi!, '3 its l", %o s #ot a$to2aticall3 ( s$lt i# 2a&i#4 > a ( si% #t o" th localit3. Is * co(( ct? A: Mes. J;s reac3uisition of his Philippine citizenship under C. . Go. +22# had no automatic impact or effect on his residence@domicile. Fe could still retain his domicile in the 5S ( and he did not necessarily regain his domicile in the Aunicipality of Leneral Aacarthur( %astern Samar( Philippines. J merely had the option to again establish his domicile in the Aunicipality of Leneral Aacarthur( %astern Samar( Philippines( said place to have become his new domicile of choice. 'he length of his residence therein shall be determined from the time he made it his domicile of choice( and it shall not retroact to the time of his birth. It is the fact of residence that is the decisive factor in determining whether or not an individual has satisfied the residency 3ualification re3uirement. Fowever( even if M;s argument is correct( this does not mean that J should be automatically dis3ualified as well( since there is proof that aside from reac3uisition of his Philippine Citizenship( there are other subse3uent acts e.ecuted by J which show his intent to ma)e Leneral rthur( %astern Samar his domicile( thus ma)ing him 3ualified to run for Aayor. (=$p o! v. CO7-L-C, G.R. No. 18//88, =$!.19, 2//9) Q: Who a( ! (so#s %isI$ali"i % "(o2 ($##i#4 "o( a#3 l cti6 local !ositio#? A : 1. Sentenced by final 1udgment for an offense involving moral turpitude or for an offense punishable by 1 year or
2. 3. !.
more of imprisonment( within 2 years after serving sentence Cemoved from office as a result of an administrative case Convicted by final 1udgment for violating the oath of allegiance of the Cepublic ?ith dual citizenship
Not : 'he phrase 6dual citizenship7 as a dis3ualification in C. . Go. &1$D( [!D9d> and in C. . Go. &,#!( [2D must be understood as referring to 6dual allegiance.7 97erc$&o v. 7$! $!o, G.R. No. 130/83, 7$9 26,1999>
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*ugitives from 1ustice in criminal or non0 political cases here or abroad
Not : *ugitives from 1ustice in criminal and non0 criminal cases here and abroad include not only those who flee after conviction to avoid punishment( but li)ewise those who after being charged( flee to avoid prosecution (7$r3ue v. CO7-L-C, G.R. No. 112889, 'pr#l 18, 1990I Ro&r#.ue v. CO7-L-C, GR 12//99 =ul9 24, 1996)
$.
&. ,.
Permanent residents in a foreign country or those who have ac3uired the right to reside abroad and continue to avail of the same right after the effectively of this "LC4 Insane or feeble0minded (8ec. 4/, LGC) /ther grounds for dis3ualification8 a. 2ote buying 9upon determination in a summary administrative proceeding> (Nol$"co v CO7-L-C, GR No". 12220/ E 122208 =ul9 21, 199+) b. Cemoval by administrative proceedings 9perpetual dis3ualification> (L#!.$t#!. v CO7-L-C, G.R. No. 1034+0, Nov. 13, 2//2)
Q: -a3 a# o""icial ( 2o6 % "(o2 o""ic as a ( s$lt o" a# a%2i#ist(ati6 cas , ' "o( th "" cti6it3 o" th L,C ' %isI$ali"i % $#% ( S ctio# BM o" sai% law? A: Go. Section !D 9b> of the "LC has no retroactive effect and therefore( dis3ualifies only those administratively removed from office after Kanuary 1(1++2
when "LC too) effect (Greco v. CO7-L-C, G.R. No. 120900, =u!e 19, 199+). 'he administrative case should have reached a final
determination. 9L#!.$t#!. v. CO7-L-C, G.R. No. 1034+0, Nov. 13, 2//2) Q: What is th si4#i"ica#c o" !oss ssio# o" a F4( # ca(%G '3 a ca#%i%at "o( a# l cti6 !ositio#? A: Possession of a 6green card7 is ample evidence to show that the person is an immigrant to or a permanent resident of the 5.S. Fence( immigration to the 5S by virtue of a 6Lreen card7 which entitles one to reside permanently in that country( constitutes abandonment of domicile in the Philippines. (2.&or$c#o! v. CO7-L-C, G.R. No. 1+9801, 'pr#l 18, 2//8) Q: Ca# a ca#%i%at ( c i6i#4 th # ?t hi4h st 6ot ' % cla( % th wi## ( a"t ( th ca#%i%at ( c i6i#4 th 2aEo(it3 o" 6ot s is % cla( % i# li4i'l ? A : ,R: Go. 'he ineligibility of a candidate receiving the ma1ority of votes does not entitle the eligible candidate receiving the ne.t highest number of votes to be declared winner. >PN: 'he rule would be different if the electorate( fully aware of a candidate;s dis3ualification so as to bring such awareness within the realm of notoriety( would nonetheless cast the votes in favor of the ineligible candidate. In such case( the electorate may be said to have waived the validity and efficacy of their votes by notoriously applying their franchises or throwing away their votes in which case( the eligible candidate obtaining the ne.t highest number of votes may be deemed elected. (L$bo v. CO7-L-C, G.R. No. 1/0111, =ul9 3, 1992 )
A:
TE-PORAR * )ACANC rises when an elected official is temporarily incapacitated to perform their duties due to legal or physical reasons such as8 1. Physical sic)ness( 2. "eave of absence( 3. 'ravel abroad or !. Suspension from office. (8ec. 46, LGC)
PER-ANENT )ACANC* rises when8 elective local official8 1. *ills a higher vacant office 2. Cefuses to assume office 3. *ails to 3ualify !. Iies #. Cemoved from office $. 2oluntarily resigns &. Permanently incapacitated to discharge the functions of his office (8ec. 44, LGC)
Q: What a( th two wa3s o" "illi#4 th 6aca#c3? A: 1. 2. utomatic succession <y appointment (8ec. 40, LGC)
Q: Stat th ($l s o" s$cc ssio# i# cas o" ! (2a# #t 6aca#ci s. A: 1. *! c$"e of per1$!e!t v$c$!c9 #!J a. /ffice of the governor8 vice0 governor b. /ffice of the mayor8 vice0 mayor c. /ffice of the governor( vice governor( mayor or vice0 mayor8 highest ran)ing 8$!..u!#$! 1e1ber or in case of his permanent inability( the second highest ran)ing 8$!..u!#$! member - successor should have come from the same political party. d. /ffice of the punong barangay8 the highest ran)ing "$!..u!#$!. b$r$!.$9 member - successor may or may not have come from the same political party.
Not : *or purposes of succession( ran)ing in the Sanggunian shall be determined on the basis of the proportion of the votes obtained by each winning candidate to the total number of registered voters in each district in the preceding election.
P
9.'. )aca#ci s a#% S$cc ssio# Q: What a( th two class s o" 6aca#ci s i# th l cti6 !ost?
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In case of tie between and among the highest ran)ing Sangguniang members( resolved by drawing lots (8ect#o! 44, LGC). 'he general rule is that the successor 9by appointment> should come from the same political party as the Sangunian member whose position has become vacant. 'he e.ception would be in the case of vacancy in the 8$!..u!#$!. b$r$!.$9.
shall be filled automatically with the official ne.t in ran) of the organization concerned.
Q: Stat th ($l s i# cas o" t 2!o(a(3 6aca#ci s i# local !ositio#s.
2.
*! c$"e $uto1$t#c "ucce""#o! #" !ot $ppl#c$ble $!& t6ere #" v$c$!c9 #! t6e 1e1ber"6#p of t6e "$!..u!#$!J a. 'he President thru the %.ecutive Secretary shall appoint the political nominee of the local e.ecutive for the sangguniang panlalawigan@panlungsod of highly urbanized cities@independent component cities 'he Lovernor( shall appoint the political nominees for the sanggunian panlungsod of component cities@bayan concerned 'he city@municipal mayor shall appoint the recommendee of the sangguniang barangay concerned.
b.
c.
Not : 'he 6last vacancy7 in the Sanggunian refers to that created by the elevation of the member formerly occupying the ne.t higher in ran) which in turn also had become vacant by any of the causes already enumerated. 'he term 6last vacancy7 is thus used in Section !#9b> to differentiate it from the other vacancy previously created. 'he term by no means refers to the vacancy in the Go., position which occurred with the elevation of , placer to the seventh position in the Sanggunian. Such construction will result in absurdity. (N$v$rro v. C', G.R. No. 1413/+, 7$r. 28, 2//1) In case of vacancy in the representation of the youth and the barangay in the Sanggunian( vacancies
th
A: 1. In case of temporary vacancy of the post of the local e.ecutive 9leave of absence( travel abroad( suspension>8 vice0 governor( vice mayor( highest ran)ing "$!..u!#$!. b$r$!.$9 shall automatically e.ercise the powers and perform the functions of the local Chief %.ecutive concerned. ,R: Fe cannot e.ercise the power to appoint( suspend or dismiss employees >PN: If the period of temporary incapacity e.ceeds 3D wor)ing days. 2. If travelling within the country( outside his 1urisdiction( for a period not e.ceeding 3 days8 he may designate in writing the officer0in0charge. 'he /IC cannot e.ercise the power to appoint( suspend or dismiss employee. If without said authorization( the vice0 governor( vice0mayor or the highest ran)ing "$!..u!#$!. b$r$!.$9 member th shall assume the powers on the ! day of absence. (8ec. 46, LGC) 2. A: 1. It shall terminate upon submission to the appropriate sanggunian of a written declaration by the local chief e.ecutive concerned that he has reported bac) to office - If the temporary incapacity was due to8 a. "eave of absence b. 'ravel abroad c. Suspension. If the temporary incapacity was due to legal reasons( the local chief e.ecutive should also submit necessary documents showing that the legal cause no longer e.ist. (8ec. 46AbB, LGC)
3.
Q: -a3 th local chi " ? c$ti6 a$tho(i5 a#3 local o""icial to ass$2 th !ow (s, %$ti s a#% "$#ctio#s o" th o""ic oth ( tha# th 6ic = 4o6 (#o(, cit3 o( 2$#ici!al 6ic =2a3o(, o( hi4h st (a#&i#4 sa#44$#ia#4 'a(a#4a3 2 2' ( as th cas 2a3' ? A : , R: Go.
Q: How is t 2!o(a(3 i#ca!acit3 t (2i#at %?
>PN: If travelling within the country( outside his 1urisdiction. 98ec. 46AcB, LGC)
Not : vice0governor who is concurrently an acting governor is actually a 3u$"# .over!or. *or the purpose of e.ercising his legislative prerogatives and powers( he is deemed a non0 member of the sangguninang panlalawigan for the time being. 9G$1bo$ v. '.u#rre, G.R. No. 134213, =ul9 2/, 1999)
Not : n elective local official may be removed from office on the ground enumerated above by order of the proper court o!l9. 'he /ffice of the President is without any power to remove elected officials( since such power is e.clusively vested in the proper courts as e.pressly provided for in the last paragraph of Section $D( "LC. (8$l$l#1$ v. Gu#!.o!$, G.R. No. 11+089, 7$9 22, 1996)
Q: What ( 2o6al?
is
9.c. Disci!li#a(3 Actio#s Q: What a( th 4(o$#%s "o( %isci!li#a(3 actio#s? A: n elective local official may
A: Cemoval imports the forcible separation of the incumbent before the e.piration of his term and can be done only for cause as provided by law. (,$r#o v. 7#"o!, G.R. No. 81904, 'u.u"t 8, 1989)
Not : 'he removal not for a 1ust cause or non0 compliance with the prescribed procedure constitutes reversible error and this entitles the officer or employee to reinstatement with bac) salaries and without loss of seniority rights. <asis
be disciplined( suspended or removed from office on any of the following grounds8 1. the Iisloyalty Philippine s
Not : n administrative( not criminal( case for disloyalty to the Cepublic only re3uires substantial evidence ('.u#!$l&o v. 8$!to", G.R. No. 94110, 'u.u"t 21, 1992)
to
the
Cepublic
of
Q: Do s th Sa#44$#ia#4 Pa#4l$#4so% a#% Sa#44$#ia#4 /a3a# ha6 th !ow ( to ( 2o6 l cti6 o""icials? A: Go. 'he pertinent legal provisions and cases decided by this Court firmly establish that the Sanggunaing <ayan is not empowered to do so. Section $D of the "ocal Lovernment Code conferred upon the courts the power to remove elective local officials from office. (?6e 8$!..u!#$!. :$r$!.$9 of ,o! 7$r#$!o 7$rco" v". 7$rt#!e , G.R. No. 1+/626, 7$rc6 3, 2//8) Q: Who 2a3 "il a# a%2i#ist(ati6 actio#? A:
2. Culpable violation of the Constitution 3. Iishonesty( oppression( misconduct in office( gross negligence( dereliction of duty !. Commission of nay offense involving moral turpitude or an offense punishable by at least pr#"#o! 1$9or #. buse of authority $. ,R: 5nauthorized absence for 1# consecutive wor)ing days( >PN: in the case of members of the Sangguniang8 a. Panlalawigan b. Panglunsod c. <ayan
d. &. ,.
<arangay
pplication for or ac3uisition of foreign citizenship or residence or the status of an immigrant of another country4 Such other grounds as may be provided by the Code@other laws. (8ec. 6/, LGC)
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ny private individual or government officer or employee by filling a sworn written complaint 9verified>4 /ffice of the President or any government agency duly authorized by law to ensure that "L5s act within their prescribed powers and functions. (',7*N*8?R'?*)- OR,-R NO. 23, Rule 3 8ec. 1, ,ece1ber 1+, 1992)
any
Q: Wh ( sho$l% a# a%2i#ist(ati6 co2!lai#t ' "il %?
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A: verified complaint shall be filed with the following8 1. Off#ce of t6e Pre"#&e!t - against elective official of provinces( F5C( ICC( component cities. 2. 8$!..u!#$!. P$!l$l$%#.$! elective officials of municipalities4 and 3. 8$!..u!#$!. P$!.lu!"o& or :$9$! - elective barangay officials. (8ec. 61, LGC)
Not : re0elected local official may not be held administratively accountable for misconduct committed during his prior term of office. 'here is no distinction as to the precise timing or period when the misconduct was committed( rec)oned from the date of the official;s re0election( e.cept that it must be prior to said date. (G$rc#$ v. 7oC#c$, G.R. No. 139/43, 8ept. 1/, 1999)
respondent could influence the witnesses or pose a threat to the safety and integrity of the
Q: Wh # is s$'s I$ #t co#si% ( % a co#%o#atio#?
( = l ctio#
A: ?hen proceeding is abated due to elections and there is no final determination of misconduct yet. (7$l#!$o v Re9e", GR 11+618 7$r.29, 1996)
Not : Subse3uent re0election cannot be deemed a condonation if there was already a final determination of his guilt before the re0election. (Re9e" v. CO7-L-C, G.R. No. 12/9/0 7$rc6 +, 1996) 'he rule that public official cannot be removed for administrative misconduct committed during a prior term( since his re0election to office operates as a condonation of the officer;s previous misconduct to the e.tent of cutting off the right to remove him therefore( has no application to pending criminal cases against petitioner for the acts he may have committed during a failed coup. ('.u#!$l&o v. 8$!to", G.R. No. 94110, 'u.. 21, 1992)
Q: Wh # sho$l% !( 6 #ti6 s$s! #sio# ' i2!os %? A : 1. fter the issues are 1oined4 2. ?hen the evidence of guilt is strong4 3. Liven the gravity of the offense( there is great probability that the continuance in office of the
records and other evidence. (8ec. 63AbB, LGC) Q: Who ca# i2!os !( 6 #ti6 s$s! #sio#? A:
A$tho(it3 to i2!os s$s! #si o# ' lo#4s President
R s!o#% #t Local O""icial
%lective official of a province( highly urbanized or independent component city %lective official of a component city municipality %lectiveof official of a barangay. (8ec 63A$B,
Lovernor Aayor
Q: Stat th ($l o# !( 6 #ti6 s$s! #sio#. A: 1. 2. single preventive suspension shall not e.tend beyond $D days4 In the event that there are several administrative cases filed( the elective official cannot be preventively suspended for more than +D days within a single year on the same ground or grounds e.isting and )nown at the time of his first suspension. (8ec. 63AbB, LGC)
Q: Stat th ($l s o# a%2i#ist(ati6 a!! als. A: Iecisions in administrative cases may( within 3D days from receipt thereof( be appealed to the following8 1. 'he Sangguniang panlalawigan( in case of decisions of the sangguniang panlungsod of component cities and the sangguniang bayan4 and 'he /ffice of the President( in the case of decisions of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities. (8ec. 6+, LGC)
2.
Not : Iecisions of the President shall be final and e.ecutory.
Q: Wh # is ( si4#atio# o" l cti6 o""icial "" cti6 ?
!$'lic
Q: Do s th L,C with%(aw th !ow ( o" th O2'$%s2a# $#% ( R.A. 788M to co#%$ct a%2i#ist(ati6 i#6 sti4atio#? A: Go. Fence( the /mbudsman and the /ffice of the President have concurrent 1urisdiction to conduct administrative investigations over elective officials. (5$.$& v. Go o,$&ole, G.R. No. 1/8/+2, ,ec.12, 1990) Q: Who 2a3 si4# a# o(% ( !( 6 #ti6 l3 s$s! #%i#4 o""icials? A: It is not only the /mbudsman( but also his Ieputy( who may sign an order preventively suspending officials. lso( the length of the period of suspension within the limits provided by law and the evaluation of the strength of the evidence both lie in the discretion of the /mbudsman. It is immaterial that no evidence has been adduced to prove that the official may influence possible witnesses or may tamper with the public records. It is sufficient that there e.ists such a possibility. (C$"t#loCo v. :$rber", G.R. No. 129902 =u!e 16, 1998) Q. What is th "" ct o" a# a!! al o# th !( 6 #ti6 s$s! #sio# o(% ( % '3 th O2'$%s2a#? A. n appeal shall not stop the decision from being e.ecutory. In case the penalty is suspension or removal and the respondent wins such appeal( he shall be considered as having been under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal. decision of the /ffice of the /mbudsman in administrative cases shall be e.ecuted as a matter of course. (Off#ce of t6e O1bu&"1$! v". 8$1$!#e.o, G.R. No. 1+00+3, October 0, 2/1/)
A: Cesignation of elective officials shall be deemed effective only upon acceptance by the following authorities8 1. 'he Pre"#&e!t, in case of governors( vice0governors( and mayors and vice0 mayors of highly urbanized cities and independent and component cities 2. 'he Gover!or( in the case of municipal mayors and vice0mayors( city mayors and vice0mayors of component cities 3. 'he 8$!..u!#$! concerned( in case of sangguninan members !. 'he C#t9 or 7u!#c#p$l 7$9or( in case of barangay officials. (8ec. 82, LGC) Q: What is th %i"" ( #c ' tw # th !( 6 #ti6 s$s! #sio# !(o6i% % $#% ( R.A. 788M a#% $#% ( L,C? A :
PRE)ENTI )E SUSPENSION UNDER RA Re3u#re1e!t"J 1. 'he evidence of guilt is strong4 and
PRE)ENTI) E SUSPENSION UNDER L,C
Re3u#re1e!t"J 2. 'hat any of the 1. 'here is reasonable following ground to believe circumstances are that the respondent has committed the present8 act or a. 'he charge acts complained of4 against the officer evidence of employee 2. 'he should involve of culpability is dishonesty( strong4 oppression 3. 'he gravity of or grave the offense so misconduct or warrants4 neglect in the !. 'he continuance performance in office of the of duty4 respondent could b. 'he charges influence the should warrant witnesses or pose removal from a threat to the office4 or safety and integrity c. 'he respondent;s of the records and continued stay in other evidence. office would pre1udice the case filed against Aa.imum period8 Aa.imum period8 $D $ months days. 95$.$& v. Go o ,$&ole, G.R. No.
9.%. R call Q: What is ( call? A: It is a mode of removal of a public officer
by the people before the end of his term. 'he people;s prerogative to remove a public officer is an incident of their sovereign power( even in the absence of constitutional restraint4 the power is
implied in all governmental operations. 9G$rc#$ v. Co1elec, G.R. No. 111011 October 0,
1993) Not : %.penses for the conduct of recall elections8 nnual Leneral ppropriations ct has a contingency fund at the disposal of the C/A%"%C (8ec. +0, LGC)
1. ny elective local official may be sub1ect of a recall election only once during his
Q: What is th 4(o$#% "o( ( call? Is this s$'E ct to E$%icial i#I$i(3? A: 'he only ground for recall of local government officials is loss of confidence. Go( it is not sub1ect to 1udicial in3uiry( the Court ruled that :loss of confidence; as a ground for recall is a political 3uestion. (-v$r&o!e v. CO7-L-C, G.R. No. 94/1/ ,ec. 2, 1991). Q: U!o# who2 ( call ' i#itiat %? a#% how 2a3 a
A : 1. M6o8 any elective a. Provincial b. City c. Aunicipal d. <arangay official 2. 5o%8 by a petition of a registered voter in the "L5 concerned and supported by the registered voters in the "L5 concerned during the election in which the local official sought to be recalled was elected. (8ec. +/ of R.'. +16/, $" $1e!&e& b9 R.'. 9244)
Not : <y virtue of C. . +2!!( Secs. &D and &1 of the "ocal Lovernment Code were amended( and the Preparatory Cecall ssembly has been eliminated as a mode of instituting recall of elective local government officials. ll pending petitions for recall initiated through the Preparatory Cecall ssembly shall be considered dismissed upon the effectivity of C +2!! ('pprove& 4eb. 19, 2//4)
Q: What a( th li2itatio#s o# ( call? A:
term of office for loss of confidence4 and 2. Go recall shall ta)e place within one year from the date of the official;s assumption to office or one year immediately preceding a regular election. (8ec. +4, LGC)
Q: S ctio# 8B o" th Local ,o6 (#2 #t Co% !(o6i% s that F#o ( call shall ta& !lac withi# o# 3 a( i22 %iat l3 !( c %i#4 a ( 4$la( local l ctio#.G What %o s th t (2 F( 4$la( local l ctio#,G as $s % i# this s ctio#, 2 a#? A: It refers to one where the position of the official sought to be recalled is to be actually contested and filled by the electorate. (P$r$" v. Co1elec, G.R. No. 123169, Nov. 4, 1996) 'he one0year time bar will not apply where the local official sought to be recalled is a Aayor and the approaching election is a barangay election. ('!.obu!. v. CO7-L-C, G.R. No. 1260+6, 7$r. 0, 199+) Q. Stat th i#itiatio# o" th ( call !(oc ss. A: 1. Petition of a registered voter in the "L5 concerned( supported by percentage of registered voters during the election in which the local official sought to be recalled was elected.(S &ecre$"e" $" popul$t#o! of people #! $re$ #!cre$"e". 'l"o, t6e "upport#!. voter" 1u"t $ll "#.! t6e pet#t#o!). ?ithin 1# days after filing( C/A%"%C must certify the sufficiency of the re3uired number of signatures. *ailure to obtain re3uired number automatically nullifies petition. ?ithin 3 days of certification of sufficiency( C/A%"%C provides official with copy of petition and causes its publication for three wee)s 9once a wee)> in a national newspaper and a local newspaper of general circulation. Petition must also be posted for 1D to 2D days at conspicuous places. Protest should be filed at this point and ruled with finality 1# days after filing. C/A%"%C verifies and authenticates the signature
2.
3.
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C/A%"%C announces acceptance of candidates. C/A%"%C sets election within 3D days upon completion of previous section in barangay@city@municipality proceedings and !# days in the case of provincial officials. /fficials sought to be recalled are automatically candidates. (8ec +/, R.'. +16/)
'he term of office of <arangay and Sangguniang Oabataan elective officials( by virtue of C. . Go. +1$!( is three 93> years.
Q: -a3 a# l cti6 local o""icial so$4ht to ' ( call % ( si4#? A: 'he elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress. (8ec. +3, LGC) Q. Wh # %o s ( call ta& "" ct? A: /nly 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. (8ec. +2, LGC) Q. Will it ' !(o! ( "o( th CO-ELEC to act o# a ! titio# "o( ( call si4# % '3 E$st o# ! (so#? A: petition for recall signed by 1ust one person is in violation of the statutory 2#B minimum re3uirement as to the number of signatures supporting any petition for recall. ('!.obu!. v. CO7-L-C, G.R. No. 1260+6, 7$rc6 0, 199+)
9. . T (2 Li2its Q: What is th t (2 o" o""ic o" a# l ct % local o""icial? A: 'hree 93> years starting from noon of Kune 3D following the election or such date as may be provided by law( e.cept that of elective barangay officials( for ma.imum of 3 consecutive terms in same position 9Section !3( "LC>.
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Q: What is th t (2 li2it o" /a(a#4a3 o""icials? A: 'he term of office of barangay officials was fi.ed at three years under C. . Go. +1$! 91+ Aarch 2DD2>. *urther( Sec.!3 9b> provides that Hno local elective official shall serve for more than three 93> consecutive terms in the same position. 'he Court interpreted this section referring to all local elective officials without e.clusions or e.ceptions. (CO7-L-C v. Cru , G.R. No. 186616, Nov. 19, 2//9)
a!!oi#ti#4 o""icials? A:
CSC
cannot
appoint but can determine 3ualification. In disapproving or approving appointments( CSC only e.amines8 1. 'he conformity of the appointment with applicable provisions of law4 2. ?hether or not appointee possesses the minimum 3ualifications and none of the dis3ualifications.(,ebul.$&o v. C8C, G.R. No. 1114+1 8ept. 26, 1994)
9.". A!!oi#ti6 O""icials Q: -a3 a 4o6 (#o( % si4#at a# acti#4 assista#t t( as$( (? A: Go. 5nder the "LC and Cevised dministrative Code( provincial governor is not authorized to appoint or even designate a person in cases of temporary absence or disability. Power resides in the President or Secretary of *inance. 9,#1$$!&$l v. CO' G.R. No. 12219+, =u!e 26, 1998) Q: -a3 th 2a3o( o" Olo#4a!o ' a!!oi#t % as S/-A chai(2a# "o( th "i(st 3 a( o" o! (atio#? A: Go. 'his violates constitutional prohibition against appointment or designation of elective officials to other government posts. ppointive officials may be allowed by law or primary functions of his position to hold multiple offices. %lective officials are not so allowed( e.cept as otherwise recognized in the Constitution. 'he provision also encroaches on the e.ecutive power to appoint. (4lore" v. ,r#lo!, G.R. No. 1/4+32, =u!e 22, 1993 ) Q: What is th (ol o" CSC i#
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Q: What a( th a!!oi#t2 #t? A : 1. 2. 3.
4(o$#%s "o( ( call o"
4.
Gon0compliance with procedure or criteria provided in the agency;s merit promotion plan4 *ailure to pass through agency;s selection@promotion board4 2iolation of e.isting collective agreement between management and employees relative to promotion4 2iolation of other e.isting civil service law rules and regulations. (7$!#ebo v. C', G.R. No. 108+/8, 'u.u"t 1/, 2/1/)
8 Go. Aayor is not allowed even if the wife is 3ualified because of prohibition against nepotic appointments. 98ec. 09, :ooF 0 of R'C) 'his prohibition covers all appointments( original and personnel actions 9promotion( transfer( reinstatement( re0 employment>. 9,ebul.$&o v. C8C, G.R. No. 1114+1, 8ept. 26, 1994)
Not : 'he boyfriend of the daughter of the mayor was appointed to a post. ?hen his appointment was temporary( he became the son0 in0law. Aayor then recommended that his appointment become permanent. 'his was considered nepotism and was disallowed (C8C v. ?#!$9$, GR 104898 4eb.16, 2//0)
Q: Do s th ,o6 (#o( ha6 th a$tho(it3 to t (2i#at o( ca#c l a!!oi#t2 #ts o" cas$alS Eo' o(% ( 2!lo3 s o" th Sa#44$#ia#4 Pa#lalawi4a# - 2' (s a#% O""ic o" th )ic = ,o6 (#o(? A: Go. ?hile the Lovernor has the authority to appoint officials and employees whose salaries are paid out of the provincial funds( this does not e.tend to the officials and employees of the Sangguniang Panlalawigan because such authority is lodged with the 2ice0Lovernor. In the same manner( the authority to appoint casual and 1ob order employees of the Sangguniang Panlalawigan belongs to the 2ice0Lovernor. 'his authority is anchored on the fact that the salaries of these employees are derived from the appropriation specifically allotted for the said local legislative body ('t#e! $ v. )#ll$ro"$, G.R. No. 161/81, 7$9 1/, 2//0) Q: Do s th co#stit$tio#al !(ohi'itio# o# 2i%#i4ht a!!oi#t2 #ts a!!l3 to L,Us? 2.
9.4. P(o6isio#s A!!lica'l to El cti6 a#% A!!oi#ti6 O""icials Q: What a( th !(ohi'it % '$si# ss a#% ! c$#ia(3 i#t ( st? A : 1. %ngage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision( or with any of its unauthorized boards( officials( agents( or attorneys( whereby money is to be paid( or property or any other thing of value is to be transferred directly or indirectly( out of the resources of the local government unit to such person or firm. Fold such interests in any coc)pit or other games licensed by a local government unit4
A: Go. 'he prohibition applies only to presidential appointments. 'hey do not apply to "L5s( as long as the appointments meet all the re3uisites of a valid appointment. /nce an appointment has been made and accepted( the appointing authority cannot unilaterally revo)e it. <ut the CSC may do so if it decides that the re3uirements were not met. (,e R$1$ v.
3. Purchase real estate or other any property forfeited in favor of such local government unit for unpaid ta.es or assessment( by virtue of a legal or C', G.R. No. 131136 4 eb . 28
, 2//1) Q: -a3 a 2a3o( a!!oi#t his wi" h a% o" O""ic o" , # (al S (6ic s? as !.
process at the instance of the said local government unit. <e a surety for any person contacting or doing business with the local government unit for which a surety is re3uired4 and Possess or use any public property of the local government unit for private purposes. 9Sec. ,+ LGC>
:.
Q: What a( th l 2 #ts o" $#law"$l i#t (6 #tio# a#% !(ohi'it % i#t ( sts? A :
ELE-ENTS OF UNLAWFUL INTER)ENTI ON ccused is a 1. public officer 2. ccused has direct or indirect financial or pecuniary interest in any business( contract( or transaction( or not or 3. ?hether Fe intervenes ta)es part in his official capacity in connection with such interest (?eve" v. 8$!&#.$!b$9$!, G.R. No. ELE-ENTS OF PROHI/ITED INTEREST 1. Public officer 2. Fe has direct or indirect financial or pecuniary interest in any business( contract( transaction 3. Fe is prohibited from having such interest by the Constitution or law. (?eve" v. 8$!&#.$!b$9$!, G.R. No.
profession even during official hours of wor) only on occasions of emergency8 Provided( that the officials
Q: Ca# local chi " ? c$ti6 s !(actic th i( !(o" ssio#? A: Go. ll governors( city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the e.ercise of their functions as local chief e.ecutives.7 98ec. 9/A$B, LGC) Q: Ca# Sa#44$#ia# 2 2' (s !(actic th i( !(o" ssio#? A: Mes. Sub1ect to certain limitations8 1. Cannot appear in civil case where the local government unit( officer or agency or instrumentality is the adverse party 2. Cannot appear in criminal case wherein an officer or employee is accused of an offense committed in relation to his office 3. Cannot collect fees for their appearance in administrative proceedings involving local government unit of which he is an official !. Cannot use property and personnel of the government e.cept when the sanggunian member concerned is defending the interest of the government. (8ec. 9/AbB, LGC)
Not : Ioctors of medicine may practice their
concerned do not derive monetary compensation therefrom. (8ect#o! 9/AcB, LGC)
Q: -a3 a 2$#ici!alit3 a%o!t th wo(& al( a%3 ! ("o(2 % i# 4oo% "aith '3 a !(i6at law3 (, which wo(& !(o6 % ' # "icial to it? A: lthough a municipality may not hire a private lawyer to represent it in litigations( in the interest of substantial 1ustice( however( it was held( that a municipality may adopt the wor) already performed in good faith by such private lawyer( which wor) is beneficial to it( provided that no in1ustice is thereby headed on the adverse party and provided further that no compensation in any guise is paid therefore by said municipality to the private lawyer. 5nless so e.pressly adopted( the private lawyer;s wor) cannot bind the municipality (R$1o" v. C', G.R. No. 99420, 7$r. 3, 199 +) Q: -a3 a 2$#ici!alit3 ' ( !( s #t % '3 a !(i6at law "i(2 which ha% 6ol$#t ( % its s (6ic s "o( "( , i# colla'o(atio# with th 2$#ici!al atto(# 3 a#% th "iscal? A: Such representation will be violative of Section 1+,3 of the old dministrative Code. Private lawyers may not represent municipalities on their own. Geither may they do so even in collaboration with authorized government lawyers. 'his is anchored on the principle that only accountable public officers may act for and in behalf of public entities and that public funds should not be e.pended to hire private lawyers. (R$1o" v. C', G.R. No. 99420, 7$r.3, 199+)
Not : 'he municipality;s authority to employ a private lawyer is e.pressly limited only to situations where the provincial fiscal is dis3ualified to represent it. *or the e.ception to apply( the fact that the provincial fiscal was dis3ualified to handle the municipality;s case must appear on record. 'he refusal of the provincial fiscal to represent the municipality
is not a legal 1ustification for employing the services of private counsel. Instead of engaging the services of special attorney( the municipal council should re3uest the Secretary of Kustice to appoint an acting provincial fiscal in place of the provincial fiscal who has declined to handle and prosecute its case in court. (P#l#ll$ v. C', G.R. No. 1/09/9, =u!e 28, 1994)
Q: What a( th i#sta#c s wh # a !(i6at law3 ( ca# ( !( s #t a# L,U? A : 1. ?hen the municipality is an adverse party in a case involving the provincial government or another municipality or city within the province ?here original 1urisdiction is vested with the SC.
<eing vested with legislative powers( the Sangguniang Panlalawigan enacts ordinances( resolutions and appropriates funds for the general welfare of the
2.
Q: What is th t st i# % t (2i#i#4 wh th ( a local 4o6 (#2 #t o""icial ca# s c$( th s (6ic s o" !(i6at co$#s l? A: In resolving whether a local government official may secure the services of private counsel in an action filed against him in his official capacity( t6e !$ture of t6e $ct#o! $!& t6e rel#ef "ou.6t $re to be co!"#&ere&. (7$!ce!#&o v. C', G.R. No. 1186/0, 'pr. 12, 2///) Q: Stat th ($l o# !(ohi'itio# a4ai#st a!!oi#t2 #t o" l cti6 o""icials to a#oth ( o""ic . A : 1. Go elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure (4lore" v. ,r#lo!, G.R. 1/4+32, =u!e 22, 1993) 2. %.cept for losing candidates in barangay elections( no candidate who lost in any election shall( within one year after such election( be appointed to any office in the government or any L/CC or their subsidiaries. (8ec.94, LGC)
Q: Who ' tw # th ,o6 (#o( a#% th )ic = ,o6 (#o( is a$tho(i5 % to a!!(o6 !$(chas o(% (s iss$ % i# co## ctio# with th !(oc$( 2 #t o" s$!!li s, 2at (ials, I$i!2 #t, i#cl$%i#4 "$ l, ( !ai(s, a#% 2ai#t #a#c o" th Sa#44$#ia#4 Pa#lalawi4a#? A: 2ice0Lovernor. 5nder C. . &1$D( local legislative power for the province is e.ercised by the Sangguniang Panlalawigan and the 2ice0 Lovernor is its presiding officer.
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province in accordance with the provisions of C. . &1$D. 'he same statute vests upon the 2ice0 Lovernor the power to be the presiding officer of the Sangguniang Panlalawigan and sign all warrants drawn on the provincial treasury for all e.penditures appropriated for the operation of the Sangguniang Panlalawigan. ('t#e! $ v. )#ll$ro"$ G.R. 161/81, 7$9 1/, 2//0) Q: -a3 th !$#o#4='a(a#4a3 6ali%l3 a!!oi#t o( ( 2o6 th 'a(a#4a3 t( as$( (, th 'a(a#4a3 s c( ta(3, a#% oth ( a!!oi#ti6 'a(a#4a3 o""icials witho$t th co#c$(( #c o" th 2aEo(it3 o" all th 2 2' (s o" th Sa#44$#ia#4 /a(a#4a3? A: Go. 'he "LC e.plicitly vests on the Punong barangay( upon approval by a ma1ority of all the members of the Sangguniang <arangay( the power to appoint or replace the barangay treasurer( the barangay secretary( and other appointive barangay officials. 2erily( the power of appointment is to be e.ercised con1ointly by the punong barangay and a ma1ority of all the members of the sangguniang barangay. ?ithout such con1oint action( neither appointment nor replacement can be effectual. (R$1o! 'l3u# o#$, 8r. v. G$ll$r&o Ocol, G.R. No. 132413, 'u.. 2+, 1999)
B. INTER,O)ERN-ENTAL RELATIONS Q: Disc$ss th i#t (=local 4o6 (#2 #t ( latio#s. A: 'he governor shall review all e.ecutive orders promulgated by the component city or municipal mayor within his 1urisdiction within 3 days from their issuance. So do with the city or municipal mayor over the e.ecutive orders promulgated by the punong barangay. If the e.ecutive orders concerned are not acted upon by the referred local e.ecutives( it shall be deemed consistent with law and therefore valid.
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NATIONAL ECONOMY AND PATRIMONY

-. NATIONAL ECONO-* AND PATRI-ON* Q: What a( co#o23? A : 1. 2. 3. Aore e3uitable distribution of wealth Increased wealth for the benefit of the people Increased productivity 2 a#t '3 th !olici s o" th #atio#al defines the coverage of ancestral domains( and describes the e.tent( limit and composition of ancestral domains by setting forth the standards and guidelines in determining whether a particular area is to be considered as part of and within the ancestral domains. In other words( Section 39a> serves only as a yardstic) which points out what properties are within the ancestral domains. It does not confer or recognize any right of ownership over the natural resources to the
Q: What is !at(i2o#3?
A: It refers not only to natural resources but also to cultural heritage. (7$!#l$ Pr#!ce 5otel v. G8*8, G.R. No. 122106, 4eb. 3, 199+) a. RE,ALIAN DOCTRINE Q: What is th re#alia<? R 4alia# Doct(i# ;&ura
A: It is the doctrine which reserves to the State the full ownership of all natural resources or natural wealth that may be found in the bowels of the earth. ('lb$!o, Pol#t#c$l L$% Rev#e%er)
Not : ll lands of the public domain( waters( minerals( coal( petroleum( and other mineral oils( all forces of potential energy( fisheries( forests( or timber( wildlife( flora and fauna( and natural resources belong to the State. ?ith the e.ception of agricultural lands( all other natural resources shall not be alienated. (8ec. 2, 'rt. (**, 198+ Co!"t#tut#o!)
Q: What is th ?c !tio# to th !(o6isio# o" S c. 1, A(t. >II, 0@A8 Co#stit$tio#? A: ny land in the possession of an occupant and of his predecessors0in0interest since time immemorial. (O6 C6o v. ,#rector of L$!&, G.R. No. 48321, 'u.. 31, 1946) Q: Do s R.A. A980, oth (wis &#ow# as Fth I#%i4 #o$s P o!l Hs Ri4hts ActG i#"(i#4 $!o# th Stat Hs ow# (shi! o6 ( th #at$(al ( so$(c s withi# th a#c st(al %o2ai#s? A: Go. Section 39a> of C. . ,3&1 merely
NATIONAL ECONOMY AND PATRIMONY

indigenous peoples. Its purpose is definitional and not declarative of a right or title. 'he specification of what areas belong to the ancestral domains is( to our mind( important to ensure that no unnecessary encroachment on private properties outside the ancestral domains will result during the delineation process. 'he mere fact that Section 39a> defines ancestral domains to include the natural resources found therein does not ipso facto convert the character of such natural resources as private property of the indigenous peoples. Similarly( Section # in relation to Section 39a> cannot be construed as a source of ownership rights of indigenous people over the natural resources simply because it recognizes ancestral domains as their 6private but community property.7 'he phrase 6private but community property7 is merely descriptive of the indigenous peoples; concept of ownership as distinguished from that provided in the Civil Code. In contrast( the indigenous peoples; concept of ownership emphasizes the importance of communal or group ownership. <y virtue of the communal character of ownership( the property held in common 6cannot be sold( disposed or destroyed7 because it was meant to benefit the whole indigenous community and not merely the individual member. 'hat IPC is not intended to bestow ownership over natural resources to the indigenous peoples is also clear from the deliberations of the bicameral conference committee on Section & which recites the rights of indigenous peoples over their ancestral domains. *urther( Section & ma)es no mention of any right of ownership of the indigenous peoples over the natural resources. In fact( Section &9a> merely recognizes the 6right to claim ownership over lands( bodies of water traditionally and actually occupied by indigenous peoples( sacred places( traditional hunting and fishing grounds( and all improvements made by them at any time within the domains.7 Geither does Section &9b>( which enumerates certain rights of the indigenous peoples over the natural resources found within their ancestral domains( contain any recognition of ownership vis0\0vis the natural resources. (8ep$r$te Op#!#o!, K$pu!$!, =., #! Cru v. 8ecret$r9 of -!v#ro!1e!t $!& N$tur$l Re"ource", G.R. No. 130380, ,ec. 6, 2///, -! :$!c APer Cur#$1B)
Q: What %o s th !(ot ct?
IPRA
A: ?hat is evident is that the IPC protects the indigenous peoples; rights and welfare in relation to the natural resources found within their ancestral domains( including the preservation of the ecological balance therein and the need to ensure that the indigenous peoples will not be unduly displaced when the State0approved activities involving the natural resources located therein are underta)en. (*b#&.) Q: What is th co#s I$ #c o" th R 4alia# Doct(i# i# S ctio# 1, A(t. >II, 0@A8 Co#stit$tio#? A: ny person claiming ownership of a portion of a land of the public domain must be able to show title from the State according to any of the recognized modes of ac3uisition of title. (Lee 5o!. KoF v. ,$v#&, G.R. No. L3/389, ,ece1ber 2+, 19+2 ). Q: What a( th li2its i2!os % '3 S ctio# 1 that 2'o%i s th Jura 'e#alia o" th Stat ? A : 1. 2. /nly agricultural lands of the public domain may be alienated. 'he e.ploration( development( and utilization of all natural resources shall be under the full control and supervision of the State either by directly underta)ing such e.ploration( development( and utilization or through co0production( 1oint venture( or production0sharing agreements with 3ualified persons or corporations. ll agreements with the 3ualified private sector may be for only a period not e.ceeding 2# years( renewable for another 2# years. 9'he 2# year limit is not applicable to 6water rights for irrigation( water supply( fisheries( or industrial uses other than the development of water power(7 for which 6beneficial use may be the measure and the limit of the grant.7> 'he use and en1oyment of marine wealth of the archipelagic
waters( territorial sea( and e.clusive economic zone shall be reserved for *ilipino citizens. 9It would seem therefore that corporations are e.cluded or at least must be fully owned by *ilipinos.>
3.
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#.
5tilization of natural resources in rivers( la)es( bays( and lagoons may be allowed on a 6small scale7 *ilipino citizens or cooperatives0 with priority for subsistence fishermen and fishwor)ers 9'he bias here is for the protection of the little people>. (:er!$", ?6e 198+ P6#l#pp#!e" Co!"t#tut#o!J ' Rev#e%er Pr#1er, 2//6)
Q: What is th !( s$2!tio# i# cas o" a's #c o" !(oo" o" !(i6at ow# (shi!? A: 'he presumption is that the land belongs to the State. 'hus( where there is no showing that the land had been classified as alienable before the title was issued( any possession thereof( no matter how lengthy( cannot ripen into ownership. (Republ#c v. 8$9o, G.R. No. L6/413, October 31, 199/). nd all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. (8ev#lle v. N$t#o!$l ,evelop1e!t Co1p$!9, GR !o. 1294/1, 4ebru$r9 2, 2//1) Q: Do th co$(ts ha6 E$(is%ictio# classi"icatio# o" !$'lic la#%s? o6 (
A: In our 1urisdiction( the tas) of administering and disposing lands of the public domain belongs to the Iirector of "ands and( ultimately( the Secretary of %nvironment and Gatural Cesources. 'he classification of public lands is( thus( an e.clusive prerogative of the %.ecutive Iepartment through the /ffice of the President. (Republ#c v. Re.#"ter of ,ee&" of >ue o!, G.R. No. +39+4, 31 7$9 1990) Q: What is th St wa(%shi! Doct(i# ? A: Private property is supposed to be held by the individual only as a trustee for the people in general( who are its real owners. '. NATIONALIST AND CITIDENSHIP REQUIRE-ENT PRO)ISIONS Q: What a( th Fili!i#i5 % acti6iti s as !(o6i% % i# A(ticl >II o" th Co#stit$tio#? A: 1. Co0production( 1oint venture or production sharing agreement for e.ploration( development and utilization 9%I5> of natural resources8
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,R: *ilipino citizens or entities with $DB capitalization4 >PN: *or large0scale %I5 of minerals( petroleum and other mineral oils( the President may enter into agreements with foreign0 owned corporations involving technical or financial agreements.
Not : 'hese agreements refer to service contracts which involve foreign management and operation provided that the Lovernment shall retain that degree of control sufficient to direct and regulate the affairs of individual enterprises and restrain undesired activities. (L$ :u.$l :;l$$! ?r#b$l '""oc. v. ,-NR 8ecret$r9,G.R. No. 12+882, ,ec. 1, 2//4)
c. E>PLORATION, DE)ELOP-ENT AND UTILIDATION OF NATURAL RESOURCES Q: What is th Stat !olic3 ( 4a(%i#4 ?!lo(atio#, % 6 lo!2 #t a#% $tili5atio# o" Nat$(al R so$(c s? A: 'he e.ploration( development( and utilization of natural resources shall be under the full control and supervision of the State. 'he State may directly underta)e such activities( or it may enter into co0production( 1oint venture( or production0 sharing agreements with *ilipino citizens( or corporations or associations at least $D per ce!tu1 of whose capital is owned by such citizens. (8ec. 2, 'rt (**, 198+ Co!"t#tut#o!) Q: S ctio# 1 s! a&s o" Fco=!(o%$ctio#, Eoi#t 6 #t$( , o( !(o%$ctio# sha(i#4 a4( 2 #tsG as 2o% s o" ?!lo(atio#, % 6 lo!2 #t, a#% $tili5atio# o" i#ali #a'l la#%s. Do s this "" cti6 l3 ?cl$% th l as s3st 2? A: Mes( with respect to mineral and forest lands 9 gricultural lands may be sub1ect of lease>. (:er!$", ?6e 198+ P6#l#pp#!e" Co!"t#tut#o!J ' Rev#e%er Pr#1er, 2//6) Q: Who a( I$ali"i % to ta& !a(t i# th ?!lo(atio#, % 6 lo!2 #t a#% $tili5atio# o" #at$(al ( so$(c s? A: *ilipino citizens and corporations or associations at least si.ty percent 9$DB> of whose capital is owned by *ilipino citizens. Not 8 Fowever( that as to marine wealth( only *ilipino citizens are 3ualified. 'his is also true of natural resources in rivers( bays( la)es and lagoons( but with allowance for cooperatives. (:er!$", ?6e 198+ P6#l#pp#!e" Co!"t#tut#o!J ' Rev#e%er Pr#1er, 2//6) Q: I" #at$(al ( so$(c s, ?c !t a4(ic$lt$(al la#%, ca##ot ' ali #at %, how 2a3 th 3 ' ?!lo( %, % 6 lo! %, o( $tili5 %? A : 1. Iirect underta)ing of activities by the State or 2. Co0production( 1oint venture( or production sharing agreements with the State and all 6under the full control and supervision of the State. (7#!er" '""oc#$t#o! of t6e P6#l#pp#!e" v. 4$ctor$!, G.R. No. 98332, =$!u$r9 16, 1990)
2.
5se and en1oyment of nation;s marine wealth within the territory8 %.clusively for *ilipino citizens.
3. lienable lands of the public domain8 a. /nly *ilipino citizens may ac3uire not more than 12 hectares by purchase( homestead or grant( or lease not more than #DD hectares. b. Private corporations may lease not more than 1DDD hectares for 2# years renewable for another 2# years4 !. Certain areas of investment8 reserved for *ilipino citizens or entities with $DB owned by *ilipinos( although Congress may provide for higher percentage4 In the Lrant of rights( privileges and concessions covering the national economy and patrimony( State shall give preference to 3ualified *ilipinos4 and *ranchise( certificate or any other form of authorization for the operation of a public utility4 only to *ilipino citizens or entities with $DB owned by *ilipinos4
Not : Such franchise( etc.( shall neither be e.clusive( nor for a period longer than #D years and sub1ect to amendment( alteration or repeal by Congress4 ll e.ecutive and managing officers must be *ilipino citizens.
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Q: I" th Stat #t (s i#to a s (6ic co#t(act with /ULLET, a "o( i4# ow# % co(!o(atio#, is it 6ali%?
A: Mes( but sub1ect to the strict limitations in the last two paragraphs of Section 2. *inancial and technical agreements are a form of service contract. Such service contacts may be entered into o!l9 with respect to minerals( petroleum( and other mineral oils. 'he grant of such service contracts is sub1ect to several safeguards( among them8 1. 'hat the service contract be crafted in accordance with a general law setting standard of uniform terms( conditions and re3uirements4 2. 'he President be the signatory for the government4 and 3. 'he President report the e.ecuted agreement to Congress within thirty days. (L$ :u.$l :;l$$! ?r#b$l '""oc#$t#o! v. ,-NR, G.R. No. 12+882, ,ece1ber 1, 2//4) %. FRANCHISES, AUTHORIT* AND CERTIFICATES FOR PU/LIC UTILITIES Q: Who a( I$ali"i % to acI$i( a F(a#chis , c (ti"icat o( a#3 oth ( "o(2 o" a$tho(i5atio# "o( th o! (atio# o" a !$'lic $tilit3? A: *ilipino citizens or corporations at least $DB of whose capital is *ilipino owned. ('rt. (**, 8ect#o! 11, 198+ Co!"t#tut#o!) Q: Do s a !$'lic $tilit3 "(a#chis ha6 th cha(act (istic o" ?cl$si6it3? A: Go( franchise to operate a public utility is not an e.clusive private property of the franchisee. Go franchisee can demand or ac3uire e.clusivitly in the operation of a public utility. 'hus( a franchisee cannot complain of seizure or ta)ing of property because of the issuance of another franchise to a competitor. (P#l#p#!o ?elep6o!e Corpor$t#o! v. NRC, G.R. No. 138290, 2//3) Q: Is th !ow ( to 4(a#t lic #s s "o( o( to a$tho(i5 th o! (atio# o" !$'lic $tiliti s sol l3 6 st % to co#4( ss? A: Go( the law has granted certain administrative agencies such power 9See %./. nos. 1&2P 2D2>( Supreme Court said that Congress does not have the e.clusive power to issue such authorization. dministrative bodies( e.g. "'*C<( %C<( etc.( may be empowered to do so.( *ranchises issued by congress are not re3uired before each and every public utility may operate. 9'lb$!o v. Re9e" 1+0
8C R' 26 4) Q: Ca# th Co#4( ss 6ali%l3 % l 4at its a$tho(it3 to iss$ "(a#chis s a#% lic #s s?
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A: Mes( Section 1D( C &&$ reveals the clear intent of Congress to delegate the authority to regulate the issuance of a license to operate domestic air transport services. (P6#l#pp#!e '#rl#!e" v. C#v#l 'ero!$ut#c" :o$r&, G.R. No. 119028, 7$rc6 26, 199+) lso( the Supreme Court ac)nowledged that there is a trend towards delegating the legislative power to authorize the operation of certain public utilities to administrative agencies and dispensing with the re3uirement of a congressional franchise. Fowever( in this case( it was held that in view of the clear re3uirement for a legislative franchise under PI #&$0 ( the authorization of a certificate of public convenience by the G'C for the petitioner to operate television Channel 2# does not dispense with the need for a franchise. ('""oc#$te& Co11u!#c$t#o!" $!& M#rele"" 8erv#ce" 2!#te& :ro$&c$"t#!. Net%orF" v. N$t#o!$l ?eleco11u!#c$t#o!" Co11#""#o!, GR No. 1441/9, 4ebru$r9 1+, 2//3) Q: What is a !$'lic $tili3? A: public utility is a business or service engaged in regularly supplying the public with some commodity or service of public conse3uence( such as electricity( gas( water( transportation( telephone or telegraph service. 'o constitute a public utility( the facility must be necessary for the maintenance of life and occupation of the residents. s the name indicates( 6public utility7 implies public use and service to the public. (=G. 8u11#t 5ol&#!." v. Court of 'ppe$l", G.R. No. 124293, 8epte1ber 24, 2//3) Q: Is a "(a#chis ( I$i( % ' "o( o# ca# ow# th "aciliti s to o! (at a !$'lic $tilit3? A: franchise is not re3uired before one can own the facilities needed to operate a public utility so long as it does not operate them to serve the public. (?$t$& v. G$rc#$, G.R. No. 114222, 'pr#l 6, 1990) Q: Is a shi!3a(% a !$'lic $tilit3? A: shipyard is not a public utility. Its nature dictates that it serves but a limited clientele whom it may choose to serve at its discretion. It has no legal obligation to render the services sought by each and every client. (=G. 8u11#t 5ol&#!." v. C', G.R. No. 124293, 8epte1ber 24, 2//3)
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Q: Ca# th 4o6 (#2 #t a2 #% a (a%io o( t l 6isio# "(a#chis to 4(a#t "( ai(ti2 to CO-ELEC? A: Mes, all broadcasting( whether by radio or television stations( is licensed by the Lovernment. Cadio and television companies do not own the airwaves and fre3uencies4 they are merely given temporary privilege of using them. franchise is a privilege sub1ect to amendment( and the provision of <P ,,1 granting free airtime to the C/A%"%C is an amendment of the franchise of radio and television stations. (?-L-:'P v. CO7-L-C, G.R. No. 132922, 'pr#l 21, 1998) Q: -a3 a "o( i4# ( who ow#s s$'sta#tial stoc&hol%i#4s i# a co(!o(atio# #4a4 % i# th a%6 (tisi#4 i#%$st(3 sit as a t( as$( ( o" sai% co(!o(atio#? A: Go( because a treasurer is an e.ecutive or a managing officer. Sec. 11 92>( rt. J2I provides that the participation of the foreign investors in the governing bodies of entities shall be limited to their proportionate share in the capital thereof( and all the managing and e.ecutive officers of such entities must be citizens of the Philippines. Q: What is th ow# (shi! ( I$i( 2 #t i2!os % '3 th Co#stit$tio# $!o# '$si# ss #titi s #4a4 % i# a%6 (tisi#4? A: &DB of their e3uity must be owned by *ilipino citizens. (8ec. 11 (2), 'rt. ()*, 198+ Co!"t#tut#o!) Q: What is th ow# (shi! ( I$i( 2 #t i2!os % '3 th Co#stit$tio# $!o# -ass - %ia? A: It must be wholly owned by *ilipino citizens. (8ec. 11 (1), 'rt. ()*, 198+ Co!"t#tut#o!) Q: What is th ow# (shi! ( I$i( 2 #t i2!os % '3 th Co#stit$tio# $!o# %$catio#al i#stit$tio#s. A: $DB of their e3uity must be owned by *ilipino citizens. (8ec. 4 A2B, 'rt. (*), 198+ Co!"t#tut#o!) Q: What a( th ( I$isit s "o( th Stat to t 2!o(a(il3 ta& o6 ( a '$si# ss a"" ct % with !$'lic i#t ( st? A : 1. 'here is national emergency4
2. 3.
'he public interest so re3uires4 Iuring the emergency and under reasonable terms prescribed by it4
!.
'he State may ta)e over or direct the operation of any privately owned public utility or business affected with public interest. (8ec. 1+, 'rt#cle (**, 198+ Co!"t#tut#o!)
Q: What is th ($l o# !(i6at la#%s? A: ,R: Go private land shall be transferred or conveyed e.cept to individuals( corporations or associations 3ualified to ac3uire or hold lands of the public land.
Q: Who has th !( (o4ati6 i# th Classi"icatio# o" P$'lic La#%s? A: 'he prerogative of classifying public lands pertains to administrative agencies which have been specially tas)ed by statutes to do so and the courts will not interfere on matters which are addressed to the sound discretion of government and@or 3uasi01udicial agencies entrusted with the regulation of activities coming under their special technical )nowledge and training. (Republ#c v. 7e!&o $, GR !o.103+2+. 7$rc6 28, 2//+)
. AcI$isitio#, Ow# (shi! a#% T(a#s" ( o" P$'lic a#% P(i6at La#%s Q: Wh # %o s la#% o" th %o2ai# ' co2 !(i6at la#%? !$'lic
A: ?hen it is ac3uired from the government either by purchase of by grant. (O6 C6o v. ,#rector of L$!&", G.R. No. 48321, 'u.. 31, 1946) Q: What is th ( I$i( 2 #t "o( th ( classi"icatio# o( co#6 (sio# o" la#%s o" !$'lic %o2ai#? A: 'here must be a positive act of government4 mere issuance of title is not enough. (8u!be$1 Co!ve!#e!ce 4oo& v. C', G.R. No. 0/464, =$!. 29, 1 9 9 / ) Q: Ca# !$'lic la#% ' t(a#s"o(2 % i#to !(i6at la#% th($ !( sc(i!tio#? A: Mes( if it is alienable land. /C%GC/ for more than 3D years must( however( be conclusively established. 'his 3uantum of proof is necessary to avoid erroneous validation of actually fictitious claims or possession over the property in dispute. (8$! 7#.uel Corpor$t#o! v. C', GR No. 0+66+, 7$9 28, 199/)
>PN s: 1.
*oreigners who inherit through intestate succession4 2. *ormer natural0born citizen may be a transferee of private lands sub1ect to limitations provided by law4 3. /wnership in condominium units4 !. Parity right agreement( under the 1+3# Constitution.
A: Go. ?hile native title to land or private ownership by *ilipinos of land by virtue of time immemorial possession in the concept of an owner was ac)nowledged and recognized as far bac) during the Spanish colonization of the Philippines( there was no similar favorable
Q: Ca# a #at$(al 'o(# citi5 # o" th Phili!!i# s who has lost his Phili!!i# citi5 #shi! ' a t(a#s" ( o" !(i6at la#%s? A8 Mes( sub1ect to the limitations imposed by "aw( 'hus( even if private respondents were already Canadians when they applied for registration of the properties in 3uestion( there could be no legal impediment for the registration thereof( considering that it is undisputed that they were formerly natural0born citizens. (Republ#c of t6e P6#l#pp#!e" v. C', G.R. No. 1/8998, 'u.u"t 24, 1984 ) Q: Ca# !(i6at co(!o(atio#s associatio#s acI$i( !$'lic la#%s? a#%
A: Go. 'hey are only allowed to lease public lands. (8ec. 3, 'rt. (**) Q: Do s th co#stit$tio#al !olic3 o" a Fs l"= ( lia#t a#% i#% ! #% #t #atio#al co#o23G ($l o$t "o( i4# co2! titio#? A: Go. It contemplates neither 6economic seclusion7 nor 6mendicancy in the international community.7 side from envisioning a trade policy based on 6e3uality and reciprocity(7 the fundamental law encourages industries that are 6competitive in both domestic and foreign mar)ets(7 thereby demonstrating a clear policy against a sheltered domestic trade environment( but one in favor of the gradual development of robust industries that can compete with the best in the foreign mar)ets. (?$G$&$ v. '!.$r$, G.R. No. 118290, 7$9 2, 199+) Q: Has th co#c !t o" #ati6 titl to #at$(al ( so$(c s, li& #ati6 titl to la#%, ' # ( co4#i5 % i# th Phili!!i# s?
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treatment as regards natural resources. 'he uni3ue value of natural resources has been ac)nowledged by the State and is the underlying reason for its consistent assertion of ownership and control over said natural resources from the Spanish regime up to the present. (NobleC$", P6#l#pp#!e L$% o! N$tur$l Re"ource", 1961 Rev#"e& -&., p. 6) /n the other hand( the 5nited States viewed natural resources as a source of wealth for its nationals. s the owner of natural resources over the Philippines after the latter;s cession from Spain( the 5nited States saw it fit to allow both *ilipino and merican citizens to e.plore and e.ploit minerals in public lands( and to grant patents to private mineral lands. . . . 'he framers of the 1+3# Constitution found it necessary to maintain the State;s ownership over natural resources to insure their conservation for future generations of *ilipinos( to prevent foreign control of the country through economic domination4 and to avoid situations whereby the Philippines would become a source of international conflicts( thereby posing danger to its internal security and independence. 'he declaration of State ownership and control over minerals and other natural resources in the 1+3# Constitution was reiterated in both the 1+&3 and 1+,& Constitutions. (8ep$r$te Op#!#o!, K$pu!$!, =., #! Cru v. 8ecret$r9 of -!v#ro!1e!t $!& N$tur$l Re"ource", G.R. No. 130380, ,ec. 6, 2///, -! :$!c APer Cur#$1B) Q: Is a ( li4io$s co(!o(atio# I$ali"i % to ha6 la#%s i# th Phili!!i# s o# which it 2a3 '$il% its ch$(ch a#% 2a& oth ( i2!(o6 2 #ts !(o6i% % th s a( act$all3, %i( ctl3, ?cl$si6 l3 $s % "o( ( li4io$s !$(!os s? A: Go. 'he mere fact that a corporation is religious does not entitle it to own public land. s held in Re.#"ter of ,ee&" v. 2!. 8#u 8# ?e1ple (G.R. No. L6++6), land tenure is not indispensable to the free e.ercise and en1oyment of religious profession of worship. 'he religious corporation can own private land only if it is at least $DB owned by *ilipino citizens. Q: Is a co(!o(atio# sol I$ali"i % to !$(chas o( ow# la#%s i# th Phili!!i# s? A: Mes. Sec. 113( <P <lg. $, states that any corporation sole may purchase and hold real estate and personal property for its church( charitable( benevolent or educational purposes( and may receive be3uests or gifts for such
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purposes. 'here is no doubt that a corporation sole by the nature of its Incorporation is vested with the right to purchase and hold real estate and personal property. It need not therefore be treated as an ordinary private corporation because whether or not it be so treated as such( the Constitutional provision involved will( nevertheless( be not applicable. (Republ#c of t6e P6#l#pp#!e" v. *'C., G.R. No. +0/42, Nov. 29, 1988) Q: Is a ( li4io$s co(!o(atio# allow % to l as !(i6at la#% i# th Phili!!i# s? A: Mes. 5nder Sec. 1 of P.I. !&1( corporations and associations owned by aliens are allowed to lease private lands up to 2# years( renewable for a period of 2# years upon the agreement of the lessor and the lessee. Fence( even if the religious corporation is owned by aliens( it may still lease private lands. Q: A( la#%s % 6ot % to swi# , !o$lt(3 a#% li6 stoc& (aisi#4 i#cl$% % i# th % "i#itio# o" a4(ic$lt$(al la#%? A: Go. (Lu 4$r1" v. 8ecret$r9 of '.r$r#$! Refor1, G.R. No. 86889, ,ec. 4, 199/) Q: Is "ish!o#% co#si% ( % withi# th % "i#itio# o" a4(ic$lt$(al la#%? A: Mes( according to the definition adopted by the Constitutional Commission. ". PRACTICE OF PROFESSION Q: What is th Stat !olic3 with ( 4a(% to !(o" ssio#als a#% s&ill % wo(& (s? A: 'he sustained development of a reservoir of national talents consisting of *ilipino scientists( entrepreneurs( professionals( managers( high0 level technical manpower and s)illed wor)ers and craftsmen in all fields shall be promoted by the State. (P$r. 1, 8ec. 14, 'rt. (**, 198+ Co!"t#tut#o!) Q: Who 2a3 !(actic i# th Phili!!i# s? th i( !(o" ssio#
the Philippines shall be limited to *ilipino citizens. >PN: In cases provided by law. (P$r. 2, 8ec. 14, 'rt. (**, 198+ Co!"t#tut#o!)
A : ,R: 'he practice of all professions in
Q: What %o s S ctio# 0B, >II o" th Co#stit$tio# s & to achi 6 ?
A(ticl
A: Section 1! reflects the desire not only to develop a ready reservoir of *ilipino professionals( scientists and s)illed wor)ers but also to protect their welfare. (#b#&.) 4. OR,ANIDATION AND RE,ULATION OF CORPORATIONS, PRI)ATE AND PU/LIC Q: -a3 Co#4( ss !(o6i% "o( th o(4a#i5atio# a#% ( 4$latio# o" !(i6at co(!o(atio#s? A: 'he Congress shall not( e.cept by general law( provide for the formation( organization( or regulation of private corporations. (8ec. 16, 'rt. (**, 198+ Co!"t#tut#o!) Q: What is th !(o6isio#? !$(!os o" this
do better. Aoreover( economic viability is more than financial viability but also included capability to ma)e profit and generate benefits not 3uantifiable in financial terms. (:er!$", ?6e 198+ Co!"t#tut#o! of t6e P6#l#pp#!e"J ' Co11e!t$r9)
A: Its purpose is to insulate Congress against pressures from special interests. 'o permit the law ma)ing body by special law to provide for the organization or formation or regulation of private corporations . . . would be in effect to offer to it the temptation in many cases to favor certain groups to the pre1udice of others or to the pre1udice of the interests of the country. (:er!$", ?6e 198+ Co!"t#tut#o! of t6e P6#l#pp#!e"J ' Co11e!t$r9) Q: -a3 Co#4( ss #act a law c( ati#4 ,o6 (#2 #t=Ow# % a#% Co#t(oll % co(!o(atio#s? A: Lovernment0owned and controlled corporations may be created or established by special charters in the interest of the common good and sub1ect to the test of economic viability. (8ec. 14, 'rt. (**, 198+ Co!"t#tut#o!) Q: What %o s th !h(as Oi# th i#t ( st o" th !$'lic 4oo% a#% s$'E ct to th t st o" co#o2ic 6ia'ilit3H 2 a#? A: It means that government0owned and controlled corporations must show capacity to function efficiently in business and that they should not go into activities which the private sector can
h. -ONOPOLIES, RESTRAINT OF TRADE AND UNFAIR CO-PETITION Q: What is th 2o#o!oli s? Stat !olic3 ( 4a(%i#4
A: 'he State shall regulate or prohibit monopolies when the public interest so re3uires. Go combination in restraint of trade or unfair competition shall be allowed. (8ec. 19, 'rt. (**, 198+ Co!"t#tut#o!) Q: What is 2 a#i#4 o" th !h(as F/nfair 2orei#n !ompetition And Trade %racticesG? A: 'he phrase is not to be understood in a limited legal and technical sense but in the sense of anything that is harmful to Philippine enterprises. t the same time( however( the intention is not to protect local inefficiency. Gor is the intention to protect local industries from foreign competition at the e.pense of the consuming public. (:er!$", ?6e 198+ P6#l#pp#!e" Co!"t#tut#o!J ' Rev#e%er Pr#1er, 2//6) Q: What 2o#o!ol3? is a
6the operation of the :mar)et; system 9free enterprise> to decide what shall be produced( how resources shall be allocated in the production process( and to whom various products will be distributed. 'he mar)et system relies on the consumer to decide what and how much shall be produced( and on
A: monopoly is a privilege or peculiar advantage vested in one or more persons or companies( consisting in the e.clusive right 9or power> to carry on a particular business or trade( manufacture a particular article( or control the sale of a particular commodity. ('.$!, =r. v. P*'?CO, G.R. No. 100//1, 7$9 0, 2//3) Q: What is th !(o6isio#? (atio#al ' hi#% th
A: 'he provision is a statement of public policy on monopolies and on combinations in restraint of trade. Section 1+ is anti0trust in history and spirit. It espouses competition. /nly competition which is fair can release the creative forces of the mar)et. Competition underlies the provision. 'he ob1ective of anti0trust law is :to assure a competitive economy based upon the belief that through competition producers will strive to satisfy consumer wants at the lowest price with the sacrifice of the fewest resources. Competition among producers allows consumers to bid for goods and services( and( thus matches their desires with society;s opportunity costs. dditionally( there is a reliance upon
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competition( among producers who will manufacture it. (-!er.9 Re.ul$tor9 :o$r& v. C' G.R. No. 113/+9, 'pr#l 2/, 2//1) Q: A( 2o#o!oli s th Co#stit$tio#? !(ohi'it % '3
A: Aonopolies are not per se prohibited by the Constitution but may be permitted to e.ist to aid the government in carrying on an enterprise or to aid in the interest of the public. Fowever( because monopolies are sub1ect to abuses that can inflict severe pre1udice to the public( they are sub1ected to a higher level of State regulation than an ordinary business underta)ing. ('.$!, =r. v. P*'?CO, G.R. No. 100//1, 7$9 0, 2//3) Q: A( 6oi%? co#t(acts ( I$i(i#4 ?cl$si6it3
A: Contracts re3uiring e.clusivity are not per "e void. %ach contract must be viewed v#"Tv#" all the circumstances surrounding such agreement in deciding whether a restrictive practice should be prohibited as imposing an unreasonable restraint on competition. ('vo! v. Lu!$, G.R. No. 1036+4, ,ece1ber 2/, 2//6) Q: What is !(ohi'it % '3 S ctio# 0@? A: Combinations in restraint of trade and unfair competition are prohibited by the Constitution. (8ec. 19, 'rt. (**, 198+ Co!"t#tut#o!) Q: Wh # is a 2o#o!ol3 co#si% ( % i# ( st(ai#t o" t(a% a#% th$s !(ohi'it % '3 th Co#stit$tio#? A: *rom the wordings of the Constitution( truly then( what is brought about to lay the test on whether a given an unlawful machination or combination in restraint of trade is whether under the particular circumstances of the case and the nature of the particular contract involved( such contract is( or is not( against public policy. ('vo! v. Lu!$, G.R. No. 1036+4, ,ece1ber 2/, 2//6) Q: Do s th 4o6 (#2 #t ha6 th i#t (6 # wh # 6 ( # c ssa(3 !(o2otio# o" th 4 # (al w l"a( ? !ow ( to "o( th
A: Mes( although the Constitution enshrines free enterprise as a policy( it nevertheless reserves to the Lovernment the power to intervene whenever necessary for the promotion of the general welfare( as reflected in Sections $ and 1+ of rticle JII. ('""oc#$t#o! of P6#l#pp#!e Coco!ut
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,e"#cc$tor" v. P6#l#pp#!e Coco!ut 'ut6rot#9, G.R. No. 11/026, 4ebru$r9 1/, 1998) Q: Do s th WTO a4( 2 #t 6iolat A(ticl II S ctio# 0@ o" th Co#stit$tio#? A: Go( the ?'/ agreement does not violate rticle II Section 1+( nor Sections 1+ and 12 of rticle JII( because these sections should be read and understood in relation to Sections 1 and 13 of rticle JII( which re3uire the pursuit of trade policy that 6serves the general welfare and utilizes all forms and arrangements of e.change on the basis of e3uality and reciprocity.7 (?$G$&$ v. '!.$r$, G.R. No. 118290, 7$9 2, 199+)
N. SOCIAL +USTICE AND HU-AN RI,HTS Q: What a( th 4oals o" social E$stic $#% ( th Co#stit$tio#? A: 1. 2. 3. %3uitable diffusion of wealth and political power for common good4 Cegulation of ac3uisition( ownership( use and disposition of property and its increments4 and Creation of economic opportunities based on freedom of initiative and self0 reliance. (8ec. 1 $!& 2, 'rt. (***, 198+ Co!"t#tut#o! )
$. &. ,.
?omen Cole and rights of people;s organization Fuman rights
Q: A( wo(& (s i# th !(i6at s cto( #titl % to th (i4ht to st(i& ? A: Mes( but the same must be e.ercised in accordance with the law. (8ec. 3, 'rt. (**, 198+ Co!"t#tut#o!) Q: What a( th !(o6isio#s o" th Co#stit$tio# o# wo2 #? A:
a. CONCEPT Q: What is social E$stic ? A: Social 1ustice is 6neither communism( nor despotism( nor atomism( nor anarchy(7 but the humanization of laws and the e3ualization of social and economic force by the State so that 1ustice in its rational and ob1ectively secular conception may at least be appro.imated. Social 1ustice means the promotion of the welfare of all the people( the adoption by the Lovernment of measures calculated to insure economic stability of all competent elements of society( through the maintenance of a proper economic and social e3uilibrium in the interrelations of the members of the community( constitutionally( through the adoption of measures legally 1ustifiable( or e.tra0 constitutionally( through the e.ercise of powers underlying the e.istence of all governments on the time0 honored principle of "$lu" popul# e"t "upre1$ le<. 9C$l$l$!. v. M#ll#$1", +/ P6#l +26, A194/B) Social 1ustice simply means the e3ualization of economic( political( and social opportunities with special emphasis on the duty of the state to tilt the balance of social forces by favoring the disadvantaged in life. (:er!$", ?6e 198+ P6#l#pp#!e" Co!"t#tut#o!J ' Rev#e%er Pr#1er, 2//6 ) Q: What as! cts co6 ( % '3 o" h$2a# li" a(
A( t. >I II ?
1.
'he State shall e3ually protect the life of the mother and the life of the unborn from conception. (8ec. 12, 'rt **, 198+ Co!"t#tut#o!) 'he State recognizes the role of women in nation0building( and shall ensure the fundamental e3uality before the law of women and men. (8ec. 14, 'rt. **, 198+ Co!"t#tut#o!) 'he State shall protect wor)ing women by providing safe and healthful wor)ing conditions( ta)ing into account their maternal functions( and such faculties and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. (8ec. 14, 'rt. (***, 198+ A: 1. Social 1ustice 2. "abor 3. grarian and natural resources reform !. 5rban land reform and housing #. Fealth
Co!"t#tut#o!) Q: Is th ( a # % "o( co#s$ltatio# ' "o( $('a# a#% ($(al %w ll (s ca# ' ( locat %? A: Mes. 'he urban and rural dwellers and the communities where they are to be relocated must be consulted. /therwise( there shall be no resettlement. (8ec. 10 A2B, 'rt. (***) Q: What is o(4a#i5atio#? 2 a#t '3 ! o!l Hs
2.
3.
A: People;s /rganizations are bo!$ f#&e associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership( membership and structure. (8ec. 10 A2B, 'rt. (***)
'. CO--ISSION ON HU-AN RI,HTS Q: What is th co2!ositio# o" th Co22issio# o# H$2a# Ri4hts?
SOCIAL JUSTICE AND HUMAN RIGHTS

A: 1. 2. Chairman ! Aembers
Q: What a( th I$ali"icatio#s o" 2 2' (s o" th CHR? A: 1. 2. Gatural0born citizens Aa1ority must be members of the <ar. CHR ha6 th !ow ( to
Q: Do s th i#6 sti4at ?
A: Mes. 'he CFC has the power to investigate all forms of human rights violations involving civil and political rights and monitor the compliance by the government with international treaty obligations on human rights. (8ec. 18, 'rt. (***, 198+ Co!"t#tut#o!) Q: Do s th iss$ TRO? CHR ha6 th !ow ( to
A: Go. It also has no power to cite for contempt for violation of the restraining order or a writ of preliminary in1unction. (8#1o! v. C5R, G.R. No. 1//10/, =$!. 0, 1994)

O. EDUCATION, SCIENCE AND TECHNOLO,*, ARTS, CULTURE, AND SPORTS Q: What a( th !(i#ci!al cha(act (istics o" %$catio# which th Stat 2$st !(o2ot a#% !(ot ct? A : 1. 2. 3. Suality education ffordable education (8ec. 1, 'rt. (*)) %ducation that is relevant to the needs of the people. (8ec. 2 A1B, 'rt. (*)) No. 144681, Cu!e 21, 2 / / 4 ) Q: Ca# th Stat ( I$i( a citi5 # to att #% o#l3 P$'lic School ?
Q: What is %arens %atriae with ( 4a(%s to %$catio#? A: 'he State has the authority and duty to step in where parents fail to or are unable to cope with their duties to their children. Q: What is th 'asis "o( th ( I$i( 2 #t that a school o( %$catio#al i#stit$tio# "i(st o'tai# 4o6 (#2 #t a$tho(i5atio# ' "o( o! (ati#4? A: It is based on the State policy that educational programs and@or operations shall be of good 3uality and( therefore( shall at least satisfy minimum standards with respect to curricula( teaching staff( physical plant and facilities and administrative and management viability. (P6#l#pp#!e 7erc6$!t 7$r#!e 8c6ool *!c. v. Court of 'ppe$l", G.R. No. 112844, =u!e 2, 1990) Q: Ca# th Stat ( 4$lat th (i4ht o" a citi5 # to s l ct a !(o" ssio# o( co$(s o" st$%3? A: Mes( while it is true that the Court has upheld the constitutional right of every citizen to select a profession or course of study sub1ect to fair( reasonable and e3uitable admission and academic re3uirements( the e.ercise of this right may be regulated pursuant to the police power of the State to safeguard health( morals( peace( e&uc$t#o!( order( safety and general welfare. 'hus( persons who desire to engage in the learned professions re3uiring scientific or technical )nowledge may be re3uired to ta)e an e.amination as a prere3uisite to engaging in their chosen careers. 'his regulation assumes particular pertinence in the field of medicine( in order to protect the public from the potentially deadly effects of incompetence and ignorance. (PRC v. ,e Gu 1$!, GR

A: 'he State cannot re3uire children to attend only public schools before they reach a certain age. 'he child is not a mere creature of the State. 'hose who nurture him and direct his destiny have the right to recognize and prepare him. (P#erce v. 8oc#et9 of 8#"ter" 268 28 01/) Q: What a( th !(i#ci!al cha(act (istics o" %$catio# which th Stat 2$st !(o2ot a#% !(ot ct? A: 1. 2. 3. Suality education ffordable education (8ec. 1, 'rt. (*)) %ducation that is relevant to the needs of the people. (8ec. 2 A1B, 'rt. (*)) th #atio#ali5 % %$catio#al
Q: What a( acti6iti s? A: 1.
/wnership8 a. *ilipino Citizens or b. Corporations or associations where at least $DB of the capital is owned by *ilipino citizens e.cept those established by religious groups and mission boards4 Control and administration4 and Student population (8ec. 4 A2B, 'rt. (*))
2. 3.
Not : 'he Congress may increase *ilipino e3uity participation in all educational institutions.
Q: What la#4$a4 shall ' $s % as o""icial 2 %i$2 o" co22$#icatio# a#% i#st($ctio#? A: 'he official languages are *ilipino and( until otherwise provided by law( %nglish. 'he regional languages are the au.iliary official languages in the regions and shall serve as au.iliary media of instruction therein. Spanish and rabic shall be promoted on a voluntary and optional basis. (8ec. +, 'rt. (*), 198+ Co!"t#tut#o!)
a. ACADE-IC FREEDOQ: What a( th as! cts o" Aca% 2ic F( %o2? A: 'here are 3 views8 1. 4ro1 t6e "t$!&po#!t of t6e e&uc$t#o!$l #!"t#tut#o! 'o provide that atmosphere which is most conducive to speculation( e.perimentation and creation4
EDUCATION, SCIENCE AND TECHNOLOGY, ART, CULTURE AND SPORTS

2. 4ro1 t6e "t$!&po#!t of t6e f$cult9 a. *reedom in research and in the publication of the results( sub1ect to the ade3uate performance of his other academic duties b. *reedom in the classroom in discussing his sub1ect less controversial matters which bear no relation to the sub1ect *reedom from institutional censorship or discipline( limited by his special position in the community ( I$ st "o( th a!!(o6al o" th ! #alt3 o" a$to2atic ?!$lsio# i2!os % o# A4$ila( et al3 a#% ($l % that th 3 ' ( i#stat %. Low (i#4 th ! #alt3 "(o2 ?!$lsio# to ?cl$sio#. Was DLSU withi# its (i4hts i# ?! lli#4 th st$% #ts? A: Go. 'he penalty of e.pulsion imposed by I"S5 on private respondents is disproportionate to their deeds. It is true that schools have the power to instil discipline in their students as subsumed in their academic freedom and that 6the establishment of rules governing university0 student relations particularly those pertaining to student discipline( may be regarded as vital( not merely to the smooth and efficient operation of the institution but to its very survival7. 'his power does not give them the untrammelled discretion to impose a penalty which is not commensurate with the gravity of the misdeed. If the concept of proportionality between the offense committed and the sanction imposed is not followed( an element of arbitrariness intrudes. (,e L$ 8$lle 2!#ver"#t9, *!c.v. C')
c.
3. 4ro1 t6e "t$!&po#!t of t6e "tu&e!t - right to en1oy in school the guarantee of the <ill of Cights. (No! v. ,$1e", G.R. No. 8931+, 7$9 2/, 199/) Q: What a( th li2itatio#s? A: 1. Iominant police power of the State 2. Social Interest of the community Q: What a( th "( %o2s a""o(% % to %$catio#al i#stit$tio#s ( lati#4 to its (i4ht to % t (2i# "o( its l" o# aca% 2ic 4(o$#%s? A: 1. 2. 3. !. ?ho may teach ?hat may be taught Fow shall it be taught ?ho may be admitted to study 97#r#$1 Colle.e 4ou!&$t#o! v. C', G.R. No. 12+93/, ,ec. 10, 2///)
Q: +a2 s *a! et al3- st$% #ts o" D La Sall U#i6 (sit3 ;DLSU< a#% Coll 4 o" Sai#t / #il% a( 2 2' (s o" th FDo2i#4o L$? F(at (#it3G. Th 3 lo%4 % a co2!lai#t with th Disci!li# /oa(% o" DLSU cha(4i#4 Al6i# A4$ila( et al3 o" Ta$ ,a22a Phi F(at (#it3 with F%i( ct assa$ltG ' ca$s o" th i( i#6ol6 2 #t i# a# o"" #si6 actio# ca$si#4 i#E$(i s to th co2!lai#a#ts which w ( ( s$lt o" a "(at (#it3 wa(. Th DLSU=CS/ +oi#t Disci!li# /oa(% "o$#% A4$ila( et al3 4$ilt3 a#% w ( 2 t % th ! #alt3 o" a$to2atic ?!$lsio#. O# a ! titio# "o( c (tio(a(i "il % with th RTC, it
EDUCATION, SCIENCE AND TECHNOLOGY, ART, CULTURE AND SPORTS

o(% ( % DLSU to allow th 2 to #(oll a#% co2!l t th i( % 4( co$(s s $#til th i( 4(a%$atio#. Th Co22issio# o# Hi4h ( E%$catio# ;CHED< %isa!!(o6 % DLSUHs
PU/LIC INTERNATIONAL LAW A. CONCEPTS Q: What is P$'lic I#t (#atio#al Law ;PIL<? A: It is a body of legal principles( norms and processes which regulates the relations of States and other international persons and governs their conduct affecting the interest of the international community as a whole. Q: What is P(i6at ;PRIL<? I#t (#atio#al Law
non0participating States. Q: What is er#a omnes? A: It is an obligation of every State to%$r&" t6e #!ter!$t#o!$l co11u!#t9 $" $ %6ole. ll states have a legal interest in its compliance( and thus all States are entitled to invo)e responsibility for breach of such an obligation. (C$"e Co!cer!#!. ?6e :$rcelo!$ ?r$ct#o!, *C= 19+/) Q: ,i6 ?a2!l s o" o'li4atio#s er#a
A: It is that part of the law of each State which determines whether( in dealing with a factual situation( an event or transaction between private individuals or entities involving a foreign element( the law of some other State will be recognized. Q: Disti#4$ish PIL "(o2 PRIL. A:
PRI)AT E Nature Gational or municipal International in nature in character ispute 'hrough resolution 'hrough international municipal modes tribunals $ub&ec Celations of States t Celations of #!ter individuals whether "e and persons or not of the same with international nationality legal personality $ourc e International conventions( "awma)ing authority International customs of each state and general principles of law 'esponsibility for breach Collective because %ntails it individual attaches directly to responsibility the state PU/LI C
omnes. A: 1. /utlawing of acts of aggression 2. /utlawing of genocide 3. <asic human rights( including protection from slavery and racial discrimination Q: What is &us co#ens #o(2? A: Cu" co.e!" !or1 is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subse3uent norm of general international law having the same character. ('rt. 03, )#e!!$ Co!ve!t#o! o! t6e L$% of ?re$t#e") Q: What #o(2s a( co#ens i# cha(act (? A: 1. 2. 3. !. #. "aws on genocide Principle of self0determination Principle of racial non0discrimination Crimes against humanity Prohibition against slavery and slave trade( and piracy 2. 3. L$%" of M$r - govern relations between hostile or belligerent states during wartime. L$%" of Neutr$l#t9 - govern relations between a non0participant State and a participant State during wartime or among co#si% ( % as &us
Q: What a( th 4(a#% %i6isio#s o" PIL? A: 1. L$%" of Pe$ce - govern normal relations between States in the absence of war.
Q: -a3 a t( at3 o( co#6 #tio#al ($l I$ali"i s as a #o(2 o" &us co#ens cha(act (? A: Go. 'reaty rule binds only States that are parties to it and even in the event that all States are parties to a treaty( they are entitled to terminate or withdraw from the treaty. Q: What is th co#c !t ex aequo et bono? A: It is a 1udgment based on considerations of fairness( not on considerations of e.isting law( that is( to simply decide the case based upon a balancing of the e3uities. (:ro%!l#e, 2//3) Q: Do s A(ticl 9A o" th Stat$t o" th I#t (#atio#al Co$(t o" +$stic which !(o6i% s th so$(c s o" I#t (#atio#al Law !( E$%ic th
PUBLIC INTERNATIONAL LAW

!ow ( o" th Co$(t to % ci% aequo et bono? a cas ex Q: What is I#co(!o(atio#? th Doct(i# o"
A: Go( if the parties agree thereon. 'he power to decide e< $e3uo et bo!o involves elements of compromise and conciliation whereas e3uity is applied as a part of normal 1udicial function. (:ro%!l#e, 2//3)
/. INTERNATIONAL AND NATIONAL LAW Q: What is th th o(3 o" -o#is2? A: <oth international law and municipal law regulate the same sub1ect matter and international law holds supremacy even in the sphere of municipal law. Q: What is th D$alis2? th o(3 o"
A: 5nder this doctrine( rules of international law form part of the law of the land and no further legislative action is needed to ma)e such rules applicable in the domestic sphere. 'he doctrine decrees that rules of international law are given e3ual standing with( but are not superior to( national legislative enactments. Q: What is th T(a#s"o(2atio#? Doct(i# o"
A: 'his doctrine holds that the generally accepted rules of international law are not per "e binding upon the state but must first be embodied in legislation enacted by the lawma)ing body and so transformed into municipal law. Q: What %o s pacta sunt servanda 2 a#? A: P$ct$ "u!t "erv$!&$means that international agreements must be performed in good faith. treaty engagement is not a mere moral obligation but creates a legally binding obligation on the parties. Q: What is th Li2itatio#? !(i#ci!l o" A$to=
A: 'he theory affirms that the international law and municipal law are distinct and separate4 each is supreme in its own sphere and level of operation. Q: What a( th w ll= sta'lish % %i"" ( #c s ' tw # i#t (#atio#al law a#% 2$#ici!al law $#% ( th th o(3 o" D$alis2? A : INTERNATIONAL
LAW dopted by states as a common rule of action Cegulates relation of state and other international persons Ierived principally from treaties( international customs and Cesolved thru state0 to0 state transactions Collective responsibility because it attaches directly to the state and not to its
-UNICIPAL LAW Issued by a political superior for Cegulates relations of individuals among themselves or with their own mainly states Consists of enactments from the lawma)ing authority of each state Cedressed thru local administrative and <reach of1udicial which entails individual responsibility
A: 5nder the principle of auto0limitation( any State may by its consent( e.press or implied( submit to a restriction of its sovereign rights. 'here may thus be a curtailment of what otherwise is a plenary power. 9Re$.$! v. C*R, G.R. No.L263+9, ,ec. 2+, 1969> 1udicial notice and are only treated as mere facts which are re3uired to be proven.
C%G
K/M ,.
Q: A( 2$#ici!al laws s$'E ct to E$%icial #otic ' "o( i#t (#atio#al t(i'$#als? A: Go. Aunicipal laws are only evidence of conduct attributable to the State concerned( which create international responsibility( li)e legislative measures or court decisions. 'heyAND are not8 Ksub1ect ) ICE CHAIR FOR AD-INISTRATION FINANCE % G%""% C.to "%%
C" "/5I% A.
Q: Co(( lat R ci!(oc it3 a#% th !(i#ci!l o" A $ t o = L i 2 i t a t i o # ?
S C M G
PUBLIC INTERNATIONAL LAW

A: ?hen the Philippines enter into treaties( necessarily( these international agreements may contain limitations on Philippine sovereignty. 'he consideration in this partial surrender of sovereignty is the reciprocal commitment of other contracting States in granting the same privilege and immunities to the Philippines.
Not : *or e.ample( this )ind of reciprocity in relation to the principle of auto0limitation characterizes the Philippine commitments under ?'/0L ''. 'his is based on the Constitutional provision that the Philippines Hadopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of cooperation and amity with all nations.H 9?$!$&$ v. '!.$r$, G.R.No.118290, 7$9 2, 199+>
229
C. SOURCES OF PU/LIC INTERNATIONAL LAW Q: What a( I#t (#atio#al Law ? A : Pr#1$r9 8ource"J 1. International conventions( whether general or particular( establishing rules e.pressly recognized by the contesting state 2. International custom( as evidence of a general practice accepted as law4 and 3. 'he general principles of law recognized by civilized nations4 ('rt#cle 38(1), 8t$tute of t6e *!ter!$t#o!$l Court of =u"t#ce)
Not : Sources of law refer to norms derived from international conventions on treaties( customs( and general principles of law. 'he distinctive character of these norms is that they are created or they ac3uire binding effect through the methods pointed above.
9states> and other international sub1ects. P$'lic 8oft l$% means commitments made by negotiating parties that are not legally binding. <y
th
so$(c s
o"
8eco!&$r9 8ource"J 1. Iecisions of international tribunals4 and 2. 'eachings of the most highly 3ualified publicists of various nations. Q: What is th %i"" ( #c ' tw # "o(2al so$(c s "(o2 2at (ial so$(c s o" i#t (#atio#al law? A: 4or1$l "ource" consist of the methods and procedures by which norms are created while 1$ter#$l "ource" are the substantive evidence of the e.istence of norms.
Not : 'he material sources supplies the substance of the rule to which the formal sources gives the force and nature of law. 'hus( custom as a norm creating process is a formal source of law.
Q: U#% ( i#t (#atio#al law, what a( Fha(% lawG a#% Fso"t lawG? A: 5$r& l$% means binding laws. 'o constitute law( a rule( instrument or decision must be authoritative and prescriptive. In international law( hard law includes treaties or international agreements( as well as customary laws. 'hese instruments result in legally enforceable commitments for countries
implication( those set of international customary rules( laws and customs which do not carry any binding effect whatsoever or impose no obligation at all to states for its compliance. Q: What a( th t3! s o" t( ati s o( i#t (#atio#al co#6 #tio#s? A: 1. 2. Contract treaties (?r$#te co!tr$ct) "aw ma)ing treaty (?r$#te lo#)
Q: What a( co#t(act t( ati s? A: <ilateral arrangements concerning matters of particular or special interest to the contracting parties. 'hey are sources of p$rt#cul$r #!ter!$t#o!$l l$% but may become primary sources of public international law when different contract treaties are of the same nature( containing practically uniform provisions( and are concluded by a substantial number of States. Q: What a( law=2a&i#4 t( ati s? A: 'reaties which are concluded by a large number of States for purposes of8 1. Ieclaring( confirming( or defining their understanding of what the law is on a particular sub1ect4 2. Stipulating or laying down new general rules for future international conduct4 and 3. Creating new international institutions. Q: Who a( 'o$#% '3 t( ati s a#% i#t (#atio#al co#6 #tio#s? A: ,R: /nly the parties. >PN: 'reaties may be considered a direct source of international law when concluded by a sizable number of States( and is reflective of the will of the family of nations. Q: What a( c$sto2? th l 2 #ts o" i#t (#atio#al
A: 1. Ge!er$l pr$ct#ce( characterized by uniformity and consistency4 2. Op#!#oCur#"( or recognition of that practice as a legal norm and therefore obligatory4 and 3. ,ur$t#o! Q: Is a !a(tic$la( l #4th o" ti2 ( I$i( % "o( th "o(2atio# o" c$sto2a(3 #o(2s?
A: Go particular length of time is re3uired. ?hat is re3uired is that within the period in 3uestion( short though it may be( State practice( including that of States whose interest are specially affected( should have e.tensive and virtually uniform and in such a way as to show a general recognition that a rule of law or legal obligation is involved. Q: What a( th ( I$isit s i# o(% ( to co#si% ( a ! (so# to ' a hi4hl3 I$ali"i % !$'licist? A : 1. Fis writings must be fair and impartial representation of law4 2. n ac)nowledged authority in the field. Q: A( %iss #ti#4 Stat s i#t (#atio#al c$sto2s? A : ,R: Mes 'o$#% '3
c. d. e. f.
mandates and trust territories4 belligerent communities4 'he 2atican4 'he 5nited Gations4 international administrative bodies4 and 'o a certain e.tent( individuals.
2. Indirect sub1ects a. international organizations4 b. Individuals4 and c. Corporations. 3. Incomplete sub1ects a. Protectorates b. *ederal states c. Aandated and trust territories. Q: What a( o'E cts o" i#t (#atio#al law? A: person or thing in respect of which rights are held and obligations assumed by the sub1ect. Q: s$'E ct "(o2 o'E ct o" Disti#4$ish i#t (#atio#al law A:
SU/+ECT %ntity that has rights and responsibilities under that law O/+ECT Person or thing in respect of which rights are held and obligations assumed by the sub1ect
>PN: If they had consistently ob1ected to it while the pro1ect was merely in the process of formation. Iissent( however protects only the dissenter and does not apply to other States. State 1oining the international law system for the first time after a practice has become customary law is bound by such practice. D. SU/+ECTS OF INTERNATIONAL LAW Q: D "i# co22$#it3. i#t (#atio#al
A: 'he body of 1uridical entities which are governed by the law of nations. 5nder the modern concept( it is composed not only of States but also of such other international persons as the 5G( the 2atican City( colonies and dependencies( mandates and trust territories( international administrative bodies( belligerent communities and even individuals. Q: What is a s$'E ct o" i#t (#atio#al law? A8 sub1ect of international law is an entity with capacity of possessing international rights and duties and of bringing international claims. Q: What a( th s$'E cts o" I#t (#atio#al Law?
Fas Got directly governed international 8 that 'he it sub1ects are8 by the rules of personality can 1.rights Iirect sub1ects international law directly assert a. States and can be held b. theColonies and dependencies responsible under It can be a proper Its rights are party received and its in transactions responsibilities involving the imposed indirectly application of the law through the of nations among instrumentality of an members of intermediate agency international
UNI)ERSIT*
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231
Q: What is a Stat ? A: State is a community of persons( more or less numerous( permanently occupying a definite portion of territory( independent of e.ternal control( and possessing an organized government to which the great body of inhabitants render habitual obedience. Q: What a( th l 2 #ts o"
a Stat ? A: 1. People - an aggregate of individuals of both se.es( who live together as a community despite racial or cultural
UNI)ERSIT*
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differences . 2. ?err#tor9 - fi.ed portion of the earth;s surface which the inhabitants occupy. Gover!1e!t the agency through which the will of the state is formulated( e.pressed and realized. *!&epe!&e!ceL"overe#.!t9 - the power of a state to manage its e.ternal affairs without direction or interference from another state.
3. !. #.
%3uality Property and 1urisdiction Iiplomatic intercourse co#c !t o"
Q: What is th Associatio#?
3.
!.
Q: What a( th oth ( s$44 st % l 2 #ts o" th Stat ? A : 1. Civilization 2. Cecognition Q: I" Stat so6 ( i4#t3 is sai% to ' a'sol$t , how is it ( lat % to th i#% ! #% #c o" oth ( Stat s a#% to th i( I$alit3 o# th i#t (#atio#al !la# ? A: *rom the standpoint of the national legal order( State sovereignty is the supreme legal authority in relation to sub1ects within its territorial domain. 'his is the traditional conte.t in referring to sovereignty as absolute. Fowever( in international sphere( sovereignty realizes itself in the e.istence of a large number of sovereignties( such that there prevails in fact co0e.istence of sovereignties under conditions of independence and e3uality. Q: How is Stat so6 ( i4#t3 % "i# % i# i#t (#atio#al law? A: 'he right to e.ercise in a definite portion of the globe the functions of a State to the e.clusion of another State. Sovereignty in the relations between States signifies independence. Independence in regard to a portion of the globe is the right to e.ercise therein to the e.clusion of any other State( the functions of a State. (*"l$!& of P$l1$" c$"eJ 28' v. t6e Net6erl$!&") Q: What a( th "$#%a2 #tal (i4hts o" a Stat ? A: It consists of the Cight of8 1. %.istence and self0preservation 2. Sovereignty and independence
A: n association is formed when two states of une3ual power voluntarily establish durable lin)s. In the basic model( one state( the associate( delegates certain responsibilities to the other( the principal( while maintaining its international status as a state. *ree association represents a middle ground between integration and independence. (-... Republ#c of t6e 7$r"6$ll *"l$!&" $!& t6e 4e&er$te& 8t$te" of 7#cro!e"#$ for1erl9 p$rt of t6e 2.8. '&1#!#"tere& ?ru"t ?err#tor9 of t6e P$c#f#c *"l$!&".) 'he associated state arrangement has usually been used as a transitional device of former colonies on their way to full independence. (-... '!t#.u$, 8t. K#tt"Nev#"'!.u#ll$, ,o1#!#c$, 8t. Luc#$, 8t. )#!ce!t $!& Gre!$&$.) Q: Fo(2al ! ac tal&s ' tw # th Phili!!i# ,o6 (#2 #t a#% -ILF ( s$lt % to th c(a"ti#4 o" th ,RP=-ILF T(i!oli A4( 2 #t o# P ac ;T(i!oli A4( 2 #t 1MM0< which co#sists o" th( ;9< as! cts: a.< s c$(it3 as! ctR '.< ( ha'ilitatio# as! ctR a#% c.< a#c st(al %o2ai# as! ct. )a(io$s # 4otiatio#s w ( h l% which l % to th "i#ali5atio# o" th - 2o(a#%$2 o" A4( 2 #t o# th A#c st(al Do2ai# ;-OA=AD<. I# its 'o%3, it 4(a#ts Fth a$tho(it3 a#% E$(is%ictio# o6 ( th A#c st(al Do2ai# a#% A#c st(al La#%s o" th /a#4sa2o(oG to th /a#4sa2o(o +$(i%ical E#tit3 ;/+E<. Th latt (, i# a%%itio#, has th "( %o2 to #t ( i#to a#3 co#o2ic coo! (atio# a#% t(a% ( latio# with "o( i4# co$#t(i s. Th -OA=AD "$(th ( !(o6i% s "o( th ?t #t o" th t ((ito(3 o" th /a#4sa2o(o. With ( 4a(% to 4o6 (#a#c , o# th oth ( ha#%, a sha( % ( s!o#si'ilit3 a#% a$tho(it3 ' tw # th C #t(al ,o6 (#2 #t a#% /+E was !(o6i% %. Th ( latio#shi! was % sc(i' % as Fassociati6 G. Do s th -OA=AD 6iolat th Co#stit$tio# a#% th laws? A: Mes. 'he provisions of the A/ indicate that the Parties aimed to vest in the <K% the status of an associated state or( at any rate( a status closely appro.imating it. 'he concept of $""oc#$t#o! is not recognized under the present Constitution. Indeed( the concept implies powers that go beyond anything ever granted by the Constitution to any local or regional government. It also implies the recognition of the associated entity as a state. 'he Constitution( however( does not contemplate any state in this 1urisdiction other than the
Philippine State( much less does it provide for a transitory status that aims to prepare any part of Philippine territory for independence. %ven assuming $r.ue!&o that the A/ 0 I would not necessarily sever any portion of Philippine territory( the spirit animating it which has betrayed itself by its use of the concept of $""oc#$t#o! - runs counter to the national sovereignty and territorial integrity of the Cepublic. (Prov#!ce of Nort6 Cot$b$to v. ?6e Gover!1e!t of t6e Republ#c of t6e P6#l#pp#!e", G.R. No. 183091, Oct. 14, 2//8) Q: Is th stat ? /+E a
Q: Do s th (i4ht to s l" % t (2i#atio# ?t #% to th i#%i4 #o$s ! o!l s? A: Mes. Indigenous peoples situated within States do not have a general right to independence or secession from those states under international law( but they do have the right amounting to the right to internal self0 determination. Such right is recognized by the 5G Leneral ssembly by adopting the 5nited Gations Ieclaration on the rights of Indigenous Peoples 95GICIP>. (Prov#!ce of Nort6 Cot$b$to v. ?6e Gover!1e!t of t6e Republ#c of t6e P6#l#pp#!e", G.R. No. 183091, Oct. 14, 2//8) Q: Do th o'li4atio#s #$2 (at % i# th UN DRIP st(ictl3 ( I$i( th R !$'lic o" th Phili!!i# s to 4(a#t th /a#4sa2o(o ! o!l , th(o$4h th /+E, th !a(tic$la( (i4hts a#% !ow (s !(o6i% % "o( i# th -OAUAD? A: Go. 'he 5G ICIP( while upholding the right of indigenous peoples to autonomy( does not obligate States to grant indigenous peoples the near independent status of an associated state. 'here is no re3uirement that States now guarantee indigenous peoples their own police and internal security force( nor is there an ac)nowledgement of the right of indigenous peoples to the aerial domain and atmospheric space. <ut what it upholds is the right of indigenous peoples to the lands( territories and resources( which they have traditionally owned( occupied or otherwise used or ac3uired. (Prov#!ce of Nort6 Cot$b$to v. ?6e Gover!1e!t of t6e Republ#c of t6e P6#l#pp#!e", G.R. No. 183091, Oct. 14, 2//8) Q: I# 0@B8, th U#it % Natio#s 2a% th 'o(% ( ' tw # Is(a l a#% Pal sti# &#ow# as th ,( # Li# . Followi#4 th Pal sti#ia# A(a' 6iol #c i# 1MM1, Is(a l ' 4a# th co#st($ctio# o" th 'a((i ( that wo$l% s !a(at W st /a#& "(o2 Is(a l. Pal sti#ia#s i#sist % that th " #c is a# FA!a(th i% " #c G % si4# % to % "acto a## ? th W st /a#& o" Is(a l. Th cas was s$'2itt % to th IC+ "o( a# a%6iso(3 o!i#io# '3 th , # (al Ass 2'l3 o" th U#it % Natio#s $#% ( ( sol$tio# ES=0MS0B. Do s Is(a l $#% (2i# th (i4ht o" s l"= % t (2i#atio# o" th ! o!l o" Pal sti# ? A: Construction of the wall severely impedes the e.ercise by the Palestinian people of its
A: Mes( <K% is a state in all but name as it meets the criteria of a state laid down in the Aontevideo Convention namely( a permanent population( a defined territory( a government and a capacity to enter into relations with other states. %ven assuming that the A/ 0 I would not necessarily sever any portion of Philippine 'erritory( the spirit animating it - which has betrayed itself by its use of the concept of association - runs counter to the national sovereignty and territorial integrity of the Cepublic. (Prov#!ce of Nort6 Cot$b$to v. ?6e Gover!1e!t of t6e Republ#c of t6e P6#l#pp#!e", G.R. No. 183091, Oct. 14, 2//8) Q: Do s th % t (2i#atio# o" s c ssio#? ! o!l Hs (i4ht o" s l"= ?t #% to a $#ilat (al (i4ht
A: Go. distinction should be made between the right of internal and e.ternal self0 determination. 'he recognized sources of international law establish that the right to self0determination of a people is normally fulfilled through #!ter!$l "elf &eter1#!$t#o! a people;s pursuit of its political( economic( social and cultural development within the framewor) of an e.isting State. right to e<ter!$l "elf&eter1#!$t#o! arises in only the most e.treme cases and( even then( under carefully defined circumstances. %.ternal self0determination can be defined as the establishment of a sovereign and independent State( the free association or integration with an independent State or the emergence into any other political status freely determined by a people which constitute modes of implementing the right of self0determination by that people.(Prov#!ce of Nort6 Cot$b$to v. ?6e Gover!1e!t of t6e Republ#c of t6e P6#l#pp#!e", G.R. No. 183091, Oct. 14, 2//8)
right to self0determination. 'he e.istence of a 6Palestinian people7 is no longer in issue. Such e.istence has moreover been recognized by Israel in the e.change of letters.
'he Court considers that those rights include the right to self0determination( as the Leneral ssembly has moreover recognized on a number of occasions. 'he route chosen for the wall gives e.pression #! loco to the illegal measures ta)en by Israel with regard to Kerusalem and the settlements. 'here is also of further alterations to the demographic composition of the /ccupied Palestinian 'erritory resulting from the construction of the wall as it is contributing to the departure of Palestinian population from certain areas. 'hat construction( along with measures ta)en previously( thus severely impedes the e.ercise by the Palestinian people of its right to self0determination( and is therefore a breach of Israel;s obligation to respect that right. 9*C= '&v#"or9 Op#!#o! o! t6e Le.$l Co!"e3ue!ce" of t6e Co!"truct#o! of $ M$ll #! t6e Occup#e& P$le"t#!#$! ?err#tor9, =ul9 4, 2//4> Q: What is th co#ti#$it3? !(i#ci!l o" stat
State located in the territory of the new State passes to the new State.
A:It states that the &#"$ppe$r$!ce of any of the elements of statehood would cause the e.tinction of the State( but 1ere c6$!.e" as to one or more of the elements would not necessarily( as a rule( bring about such e.tinction. Iespite such changes( the State continues to be an international person. Q: Disc$ss th ($l s o# s$cc ssio# o" Stat s. A: 1. '" to terr#tor9 @ 'he capacities( rights and duties of the Predecessor State with respect to that territory terminate and are assumed by the successor State. 2. '" to 8t$te propert9 - 'he agreement between the predecessor and the successor State govern4 otherwise8 a. ?here a part of the territory of a State becomes part of the territory of another State( property of the predecessor State located in that territory passes to the successor State. b. ?here a State is absorbed by another State( property of the absorbed State( wherever located( passes to the absorbing State. c. ?here a part of a State becomes a separate State( property of the predecessor
3.
'" to publ#c &ebt" greement between predecessor and successor State govern4 otherwise8 a. ?here a part of the territory of a State becomes part of the territory of another State( local public debt and the rights and obligations of the predecessor State under contracts relating to that territory are transferred to the successor State. b. ?here a State is absorbed by another State( public debt and the rights and obligations under contracts of the absorbed State pass to the absorbing State. c. ?here a part of a State becomes a separate State( local public debt and the rights and obligations of the predecessor State under contracts relating to that territory are transferred to the successor State. '" to tre$t#e"J a. ?hen part of the territory of a State becomes the territory of another State( the international agreements of the predecessor State cease to have effect in respect of the territory and international agreements of the successor State come into force there. 96Aoving 'reaty or Aoving rd <oundaries7 Cule 0 3 State may see) relief from the treaty on ground of rebu" "#c "t$!t#bu"> b. ?hen a State is absorbed by another State( the international agreements of the absorbed State are terminated and the international agreements of the absorbing State become applicable to the territory of the absorbed State. 96Aoving 'reaty or Aoving rd <oundaries7 Cule 0 3 State may see) relief from the treaty on ground of rebu" "#c "t$!t#bu") c. ?hen a part of a State becomes a new State( the new State does not succeed to the international agreements to which the predecessor State was a party( unless( e.pressly or by implication( it accepts such agreements and the other party or parties thereto agree or ac3uiesce.
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d.
Pre0e.isting boundary and other territorial agreements continue to be binding notwithstanding (ut#po""#&et#" rule) o"
Q: ,i6 th "" cts o" a cha#4 so6 ( i4#t3 o# 2$#ici!al laws. A : 1. 2.
"aws parta)ing of a political comple.ion are abrogated automatically. "aws regulating private and domestic rights continue in force until changed or abrogated.
A: Gone. doption of the theory of suspended allegiance would lead to disastrous conse3uences for small and wea) nations or states( and would be repugnant to the laws of humanity and re3uirements of public conscience( for it would allow invaders to legally recruit or enlist the 3uisling inhabitants of the occupied territory to fight against their own government without the latter incurring the ris) of being prosecuted for treason. 'o allow suspension is to commit political suicide. Q: -a3 a# i#ha'ita#t o" a co#I$ ( % Stat ' co#6ict % o" t( aso# a4ai#st th l 4iti2at so6 ( i4# co22itt % %$(i#4 th ?ist #c o" ' lli4 ( #c3? A: Mes. lthough the penal code is a non0 political law( it is applicable to treason committed against the national security of the legitimate government( because the inhabitants of the occupied territory were still bound by their allegiance to the latter during the enemy occupation. Since the preservation of the allegiance or the obligation of fidelity and obedience of a citizen or sub1ect to his government or sovereign does not demand from him a positive action( but only passive attitude or forbearance from adhering to the enemy by giving the latter aid and comfort( the occupant has no power( as a corollary of the preceding consideration( to repeal or suspend the operation of the law of treason. Q: What is 4o6 (#2 #t? s$cc ssio# o"
Q: What is th "" ct o" cha#4 o" so6 ( i4#t3 wh # th S!ai# c % % th Phili!!i# s to th U.S.? A: 'he effect is that the political laws of the former sovereign are !ot 1erel9 "u"pe!&e& but $bro.$te&. s they regulate the relations between the ruler and the ruled( these laws fall to the ground #p"o f$cto unless they are retained or re0enacted by positive act of the new sovereign. Gon0 political laws( by contrast( continue in operation( for the reason also that they regulate private relations only( unless they are changed by the new sovereign or are contrary to its institutions. Q: What is th "" ct o" +a!a# s occ$!atio# to th so6 ( i4#t3 o" th U.S. o6 ( th Phili!!i# s? A: Sovereignty is not deemed suspended although acts of sovereignty cannot be e.ercised by the legitimate authority. 'hus( sovereignty over the Philippines remained with the 5.S. although the mericans could not e.ercise any control over the occupied territory at the time. ?hat the belligerent occupant too) over was merely the e.ercise of acts of sovereignty. Q: Disti#4$ish ' tw # S!a#ish s c ssio# to th U.S. a#% +a!a# s occ$!atio# %$(i#4 WWII ( 4a(%i#4 th !olitical laws o" th Phili!!i# s. A: 'here being no change of sovereignty during the belligerent occupation of Kapan( the political laws of the occupied territory are 1erel9 "u"pe!&e&( sub1ect to revival under Cu" po"tl#1#!#u1upon the end of the occupation. In both cases( however( non0 political laws( remains effective. Q: Was th ( a cas o" s$s! #% % all 4ia#c %$(i#4 th +a!a# s occ$!atio#? ) ICE CHAIR FOR AD-INISTRATION AND FINANCE8 K% G%""% C. "%%
C" "/5I% A.
A: In succession of government( the integrity of the original State is not affected as what ta)es place is only a change in one of its elements( the government. Q: ,i6 th "" cts o" a cha#4 o"
4o6 (#2 #t. A: 1. If the change is peaceful the new government assumes the rights and responsibilities of the old government. 2. If the change was effected thru violence( a distinction must be made8 a. cts of political comple.ion may be denounced b. Coutinary acts of mere governmental administration continue to be effective. is
Q: What ( co4#itio#?
P
S C M G
" G %.
C%G K/M ,.
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A: It is an act by which a State ac)nowledges the e.istence of another State( government( or a belligerent community and indicates its willingness to deal with the entity as such under international law. Q: What a( ( co4#itio# o" Stat ? th two th o(i s o"
1. 2. 3.
'he government is stable and effective( with no substantial resistance to its authority 'he government must show willingness and ability to discharge its international obligations 'he government must en1oy popular consent or approval of the people To'a( o( Wilso#
A: 'he theories of recognition of a State are8 1. Co!"t#tut#ve t6eor9 - recognition is the last indispensable element that converts the state being recognized into an international person. ,ecl$r$tor9 t6eor9 - recognition is merely an ac)nowledgment of the pre0 e.isting fact that the state being recognized is an international person. a$tho(it3 to
Q: What is th %oct(i# ?
A: It precludes recognition to any government coming into e.istence by revolutionary means so long as the freely elected representatives of the people thereof have not constitutionally reorganized the country. Q: What is Doct(i# ? th Est(a%a
2.
Q: Who has th ( co4#i5 ?
A: It involves a policy of never issuing any declaration giving recognition to governments and of accepting whatever government is in effective control without raising the issue of recognition. n in3uiry into legitimacy would be an intervention in the internal affairs of another State. Q: Disti#4$ish de &ure ( co4#itio# "(o2 de facto ( co4#itio #. A:
RECO,NITION J/'E E RECO,NITION E 2A!T Provisonal 9e.g.8 duration of armed struggle> Ioes not vest title to properties of government "imited to certain 1uridical relations
A: It is a matter to be determined according to the municipal law of each State. In the Philippines( it is the President who determines the 3uestion of recognition and his decisions on this matter are considered acts of state which are( therefore( not sub1ect to 1udicial review. Fis authority in this respect is derived from his treaty0ma)ing power( his power to send and receive diplomatic representatives( his military power( and his right in general to act as the foreign policy spo)esman of the nation. <eing essentially discretionary( the e.ercise of these powers may not be compelled. Q: Disti#4$ish ( co4#itio# o" Stat ( co4#itio# o" 4o6 (#2 #t. A : 1. Reco.!#t#o! of 8t$te carries with it the recognition of government since the former implies that a State recognized has all the essential re3uisites of a State at the time recognition is e.tended. /nce recognition of state is accorded( it is generally irrevocable. Reco.!#t#o! of .over!1e!t may be withheld from a succeeding government brought about by violent or unconstitutional means. "(o2
Celatively permanent 2ests title to properties of government abroad <rings about full diplomatic
Q: What a( th ( I$i( 2 #ts "o( ( co4#itio# o" 4o6 (#2 #t? A:
2.
Q: What a( th
"" cts o" ( co4#itio#?
A: )IP C s 1. 'he recognized State ac3uires Capacity to nter into diplomatic relations. Cecognized State ac3uires capacity to sue in courts of recognizing State. 2. Immunity from 1urisdiction of courts of law of recognizing State. 3. %ntitled to receive and demand possession of Properties situated within the 1urisdiction of the recognizing State which are owned by recognized State. !. )alidity of the acts and decrees of recognized state@ government precluding courts of the recognizing
state from passing 1udgment on the legality of the acts or decrees of the recognized state. Q: What ' lli4 ( #c3? is
A: <elligerency e.ists when the inhabitants of a State rise up in arms for the purpose of overthrowing the legitimate government or when there is a state of war between two states. Q: What ( co4#i5i#4 / lli4 ( #c 3? a( th ( I$isit s i#
Sanctions to insurgency are governed by municipal law Cevised Penal Code( #.e. rebellion.
actual civil war within nd a single state 92 sense>. <elligerency is governed by the rules on international law as the belligerents may be given international personality.
E. DIPLO-ATIC AND CONSULAR LAW Q: Disc$ss th (i4ht o" l 4atio#. A: 'he e.ercise of the right of legation is one of the most effective ways of facilitating and promoting intercourse among nations. 'hrough the active right of sending diplomatic representatives and the passive right of receiving them( States are able to deal more directly and their intercourse. Q: Is th %i!lo2atic mutual Stat o'li4 % to 2ai#tai#
A: TWOS 1. 'here must be an Organized civil government directing the rebel forces. 2. 'he rebels must occupy a substantial portion of the Territory of the state. 3. 'he conflict between the legitimate Serious( ma)ing the outcome uncertain. 'he rebels must be willing and able to observe the laws of War. l 4al o" co#s I$ #c s
!.
Q: What a( th ' lli4 ( #c3? A:
A:
Go( as the right of legation is
purely from the rest of the world( as Kapan did until the close of the century. Fowever( a policy of 1+ isolation would hinder the progress of a State since it would be denying itself of the many benefits available community. from the international
1. <efore recognition( it is the legitimate government that is responsible for the acts of rebels affecting the foreign nationals and their properties. /nce recognition is given( responsibility is shifted to the rebel government. 2. 'he legitimate government is bound to observe the laws and customs of war in conducting the hostilities. 3. *rom the viewpoint of third States( is to put them under obligation to observe strict neutrality and abide by the conse3uences arising from that position. !. Cecognition puts the rebels under responsibility to third States INSUR,ENC* /ELLI,ERENC* to the legitimate for mere and initial stage Aore government serious all their acts which of and do not conform to )ICE CHAIR FOR D-INISTRATION AND FINANCE8 K% G%""% C. "%% theAlaws and customs of war. war. It involves a rebel widespread and
)ICE CHAIRS FOR LA*=OUT AND DESI,N: % C" "/5I% A. A S C the movement( and is presupposes ' F%%G C. A C'IG%Q
Q: Who a( th a4 #ts o" %i!lo2atic i#t (co$(s ? A: 1. Fead of State 2. *oreign secretary or minister 3. Aembers of diplomatic service
Q: Disti#4$ish i#s$(4 #c3 "(o2 ' lli4 ( #c3. A:
M G
usually not recognized.
e.istence of war between 2 or more

st
!. #.
Special diplomatic agents appointed by head of the State %nvoys ceremonial
Q: What is %i!lo2atic co(!s? A: It is a body consisting of the different diplomatic representatives who
have been accredited to the same local or receiving State. It is headed by a doyun de corps( who( by tradition( is the oldest member within the highest ran) or( in Catholic countries( the papal nuncio. Q: What a( th "$#ctio#s o" a %i!lo2atic 2issio#? A:
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1. Cepresent sending State in receiving State 2. Protect in receiving State interest of sending State and its nationals 3. Gegotiate with government of receiving State !. Promote friendly relations between sending and receiving States and developing their economic( cultural( and scientific relations #. scertain by all lawful means conditions and developments in receiving State and reporting thereon to government of sending State $. In some cases( represent friendly governments at their re3uest Q: What a( th class s o" h a%s o" a %i!lo2atic 2issio#? A : 1. '1b$""$&or" or !u!c#o" accredited to Feads of State and other heads of missions of e3uivalent ran) 2. -!vo9" 1#!#"ter" and #!ter!u!c#o" accredited to heads of State 3. C6$r.e &; $ff$#re" accredited to ministers of foreign affairs Q: Is th ( c i6i#4 Stat o'li4 % to acc !t a ( !( s #tati6 "(o2 a#oth ( Stat ? A: Go( the appointment of diplomats is not merely a matter of municipal law for the receiving State is not obliged to accept a representative who is a per"o!$ !o! .r$t$ to it. Indeed( there have been cases when duly accredited diplomatic representatives have been re1ected( resulting in strained relations between the sending and receiving State. Q: What %o s persona non #rata 2 a#? A: In international law and diplomatic usage( it means a person not acceptable 9for reasons peculiar to himself> to the court or government to( which it is proposed to accredit him in the character of an ambassador or minister. Q: What a4( atio#? is
A:It is a practice of the States before appointing a particular individual to be the chief of their diplomatic mission in order to avoid possible embarrassment. It consists of two acts8
1.
'he #!3u#r9( usually informal( addressed by the sending State to the receiving State regarding the acceptability of an individual to be its chief of mission4 $!& 'he $.ree1e!t( also informal( by which the receiving State indicates to the sending state that such person( would be acceptable.
2.
Q: What is a l tt ( o" c( % #c ? A: 'his is the document by which the envoy is accredited by the sending State to the foreign State to which he is being sent. It designates his ran) and the general ob1ect of his mission( and as)s that he be received favorably and that full credence be given to what he says on behalf of his State. Q: What is a l tt ( !at #t? A: 'he appointment of a consul is usually evidenced by a commission( )nown sometimes as letter patent or letre&;prov#"#o!, issued by the appointing authority of the sending State and transmitted to the receiving State through diplomatic channels. Q: What a( th !(i6il 4 s a#% i22$#iti s o" %i!lo2atic ( !( s #tati6 s? A: 1. Per"o!$l #!v#ol$b#l#t9 - members of diplomatic mission shall not be liable for any form of arrest or imprisonment 2. *!v#ol$b#l#t9 of pre1#"e" - premises( furnishings and means of transport shall be immune from search( seizure( attachment or e.ecution. 3. rchives or documents shall be inviolable !. Iiplomatic agents are immune from criminal( civil or administrative liability. #. Ceceiving State shall protect official communication and official correspondence of diplomatic mission. $. Ceceiving State shall ensure all members of diplomatic mission freedom of movement and travel. &. diplomatic agent is e.empted to give evidence as a witness. ,. %.emption from general duties and ta.es including custom duties with certain e.ceptions. +. 5se of flag and emblem of sending State on premises of receiving State. Q: What a( a#% th ?c !tio#s to th !(i6il 4 s
i22$#iti s o" %i!lo2atic ( !( s #tati6 s? A: 1. ny real action relating to private immovables situated in the territory receiving State unless the envoy holds the property in behalf of the sending State 2. ctions relating to succession where diplomatic agent is involved as e.ecutor( administrator( heirs or legatee as a private person and not on behalf of the sending State 3. n action relating to any professional or commercial activity e.ercised by the diplomatic agent in the receiving State outside his official functions
are connected with the performance of their duties.
Q: What a( th 4(o$#%s "o( t (2i#atio# o" %i!lo2atic ( latio#s $#% ( 2$#ici!al law? A: RADAR 1. Resignation 2. Accomplishment of the purpose 3. Death !. Abolition of the office #. Removal Q: What a( th 4(o$#%s "o( t (2i#atio# o" %i!lo2atic ( latio# $#% ( i#t (#atio#al law? A: 1. 2. 3. M$r- outbrea) between the sending and the receiving States. -<t#!ct#o! of either the sending State or the receiving State. Rec$ll- demanded by the receiving State when the foreign diplomat becomes per"o!$ !o! .r$t$
Q: Who 2a3 wai6 %i!lo2atic i22$#it3 a#% !(i6il 4 s? A8 'he waiver may be made e.pressly by the sending State. It may also be done impliedly( as when the person entitled to the immunity from 1urisdiction commences litigation in the local courts and thereby opens himself to any counterclaim directly connected with the principal claim.
Not : ?aiver of immunity from 1urisdiction with regard to civil and administrative proceedings shall not be held to mean implied waiver of the immunity with respect to the e.ecution of 1udgment( for which a separate waiver shall be necessary.
Q: Will th t (2i#atio# o" %i!lo2atic ( latio#s also t (2i#at co#s$la( ( latio#s ' tw # th s #%i#4 a#% ( c i6i#4 Stat s? A: Go. Consuls belong to a class of State agents distinct from that of diplomatic officers. 'hey do not represent their State in its relations with foreign States and are not intermediaries through whom matters of State are discussed between governments. Consuls loo) mainly after the commercial interest of their own State in the territory of a foreign State. 'hey are not clothed with diplomatic character and are not accredited to the government of the country where they e.ercised their consular functions4 they deal directly with local authorities. Q: What is th %i"" ( #c %i!lo2ats a#% co#s$ls? ' tw #
Q: Is %i!lo2atic i22$#it3 a !olitical I$ stio#? A: Iiplomatic immunity is essentially a political 3uestion and the courts should refuse to loo) beyond the determination by the e.ecutive branch. Q: Who ls ' si% s th h a% o" th 2issio# a( #titl % to %i!lo2atic i22$#iti s a#% !(i6il 4 s? A: 'hey are also en1oyed by the diplomatic suite or retinue( which consists of the official and non0 official staff of the mission. 'he official staff is made up of the administrative and technical personnel of the mission( including those performing clerical wor)( and the member of their respective families. 'he non0official staff is composed of the household help( such as the domestic servants( butlers( and coo)s and chauffeurs employed by the mission.
Not : s a rule( however( domestic servants
A: Iiplomats are concerned with political relations of States while consuls are not concerned with political matters. 'he latter attend rather to administrative and economic issues. Q: What a( th two &i#%s o" co#s$l? A:
en1oy immunities and privileges only to the e.tent admitted by the receiving State and
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insofar as they
1. Co!"ule"1#""# - Professional or career consuls who are nationals of the sending State and are re3uired to devote their full time to the discharge of their duties.
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2. Co!"ule"elect# - Aay or may not be nationals of the sending State and perform their consular functions only in addition to their regular callings.
Not : %.amples of regular callings include acting as notary( civil registrar and similar administrative capacities and protecting and assisting the nationals of the sending State.
2. -<e3u$tur - which is the permission given them by the receiving State to perform their functions therein. Q: Do co#s$ls #Eo3 th i( ow# i22$#iti s a#% !(i6il 4 s? A: Mes( but not to the same e.tent as those en1oyed by the diplomats. "i)e diplomats( consuls are entitled to8 1. Inviolability of their correspondence( archives and other documents 2. *reedom of movement and travel 3. Immunity from 1urisdiction for acts performed in their official capacity4 and !. %.emption from certain ta.es and customs duties Fowever( consuls are liable to8 1. rrest and punishment for grave offenses4 and 2. Aay be re3uired to give testimony( sub1ect to certain e.ceptions.
Not : Aembers of a consular post are under no obligation to give evidence on the following situations8 a. Concerning matters connected with the e.ercise of their functions b.'o produce official correspondence and documents c. 'o give evidence as e.pert witness with regard to the law of the sending State 'he consular offices are immune only8 1. ?ith respect to that part where the consular wor) is being performed4 and 2. Aay be e.propriated by the receiving state for purposes of national defense or public utility. ?ith respect to e.propriation by the receiving State( steps shall be ta)en to avoid impeding the performance of consular functions( and prompt( ade3uate and effective compensation shall be paid by the sending State.
Q: What a( th (a#&s o" co#s$ls? A: 1. Co!"ul.e!er$l Feads several consular districts( or one e.ceptionally large consular district4 2. Co!"ul - 'a)es charge of a small district or town or port4 3. )#ceco!"ul - ssist the consul4 and !. Co!"ul$r $.e!t - 5sually entrusted with the performance of certain functions by the consul. Q: What a( th %$ti s o" co#s$ls? A: 1. Protection of the interests of the sending State and its nationals in the receiving State. 2. Promotion of the commercial( economic( cultural( and scientific relations of the sending and receiving States. 3. /bserves the conditions and developments in the receiving State and report the same to the sending State.
!. Issuance of passports and other travel documents to nationals of the sending State and visas or appropriate documents to persons wishing to travel to the sending State. #. Supervision and inspection of vessels and aircraft of the sending State. Q: Wh ( %o co#s$ls % (i6 a$tho(it3? th i(
A: Consuls derive their authority from two principal sources( to wit8 1. Letter p$te!t or letter U&e prov#"#o! which is the commission issued by the sending State( and
Q: What a( th Di!lo2atic I22$#it3 a#% I22$#it3?

DIPLO-ATIC 6Premises of the mission7 includes the building or parts of building and the land irrespective of the ownership used for the purpose of the mission including the
%i"" ( #c s ' tw Co#s$la(
A :
CONSULAR 6Consular premises7 includes the buildings or parts of buildings and the land irrespective of ownership used e.clusively for the purposes of consular
of the head of mission ,R: 'he agents of the receiving state may not enter the premises of the mission >PN: consent of the head of the mission
Personal baggage of a diplomatic agent shall not be opened
Got obliged to give evidence as a witness
,R: 'he agents of the receiving state may not enter the consular premises >PN: consent of the head of the consular post Consent is assumed in case of fire or other disasters re3uiring prompt protective Consular bag shall not be opened It may be re3uested that the bag be opened in their presence by an authorized representative of the receiving state if they have serious reason to believe that the bag contains ob1ects of other articles( documents( correspondence or Aay be called upon to attend as a witness4 if declined( no coercive measure or penalty may be applied
co!"ul$r off#cer does not en1oy immunity from the criminal 1urisdiction of the receiving State and are not amenable to the 1urisdiction of the 1udicial or administrative authorities of the receiving State in respect of acts performed in the e.ercise of consular functions. Fowever( this does not apply in respect of a civil action either8 1. rising out of a contract concluded by a consular officer in which he did not enter e.pressly or impliedly 2. <y a third party for damages arising from an accident in the receiving State caused by a vehicle( vessel or aircraft. 9'rt#cle 41 $!& 43, )#e!!$ Co!ve!t#o! o! t6e Co!"ul$r Rel$t#o!"> Q: What a( th 4(o$#%s "o( t (2i#atio# o" co#s$la( o""ic ? State outside of his official functions. 9'rt#cle 32, )#e!!$ Co!ve!t#o! of ,#plo1$t#c Rel$t#o!">
Q: Disc$ss th %i"" ( #c s, i" a#3, i# th !(i6il 4 s o( i22$#iti s o" %i!lo2atic #6o3s a#% co#s$la( o""ic (s "(o2 th ci6il a#% c(i2i#al E$(is%ictio# o" th ( c i6i#4 Stat . A: &#plo1$t#c $.e!t shall en1oy immunity from the criminal 1urisdiction of the receiving State. Fe shall also en1oy immunity from its civil and administrative 1urisdiction e.cept in the case of8 1. re$l $ct#o! relating to private immovable property situated in the territory of the receiving State( unless he holds it on behalf of the sending State for the purpose of the mission4 2. n $ct#o! rel$t#!. to "ucce""#o! in which the diplomatic agent is involved as e.ecutor( administrator( heir or legatee as private person and not on behalf of the sending State4 n $ct#o! rel$t#!. to $!9 profe""#o!$l or co11erc#$l $ct#v#t9 e.ercised by the diplomatic agent in the receiving
3.
A : 1. 2. 3. !. Ieath Cecall Iismissal Gotification by the receiving State to the sending State that it has ceased to consider as member of the consular staff ?ithdrawal of his e.e3uatur by the receiving State. ?ar0 outbrea) of war between his home State and the receiving State.
#. $.
". TREATIES Q: What is a t( at3? A: It is an international agreement concluded between States in written form and governed by international law( whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. Q: What a( th a 6ali% t( at3? A: )AC LA 1. 2. 3. !. #. ss #tial ( I$isit s o"
<e entered into by parties with the treaty0ma)ing Capacity 'hrough their Authorized representatives ?ithout the attendance of duress( fraud( mista)e( or other )ice of consent /n any Lawful sub1ect0matter In accordance with their respective constitutional process
Q: What a( th $s$al st !s i# th t( at3= 2a&i#4 !(oc ss? A: 1. Ne.ot#$t#o!- conducted by the parties to reach an agreement on its terms. 2. 8#.!$ture - the signing of the te.t of the instrument agreed upon by the parties. 3. R$t#f#c$t#o!- the act by which the provisions of a treaty are formally confirmed and approved by the State. !. 'cce""#o!- a State can accede to a treaty only if invited or permitted to do so by the contracting parties. Such invitation or permission is usually given in the accession clause of the treaty itself. #. %.change of instruments of ratification4 $. Cegistration with the 5nited Gations. Q: What is th T( ati s? Doct(i# o" U# I$al
representative does not signify final consent( it is ratification that binds the state to the provisions of the treaty and renders it effective.
Not : It should be emphasized that under the Constitution the power to ratify is vested in the President sub1ect to the concurrence of the Senate. 'he President has the discretion even after the signing of the treaty by the Philippine representative whether or not to ratify a treaty. 'he signature of the
A: It posits that treaties which have been imposed through coercion or duress by a State of une3ual character are void. Q: What is a %rotocol de !l<ture? A: It is a final act and an instrument which records the winding up of the proceedings of a diplomatic conference and usually includes a reproduction of the te.ts of treaties( conventions( recommendations and other acts agreed upon and signed by the plenipotentiaries attending the conference. Q: What (ati"icatio#? is
A: Catification is the act by which the provisions of a treaty are formally confirmed and approved by a State. <y ratifying a treaty signed in its behalf( a State e.presses its willingness to be bound by the provisions of such treaty.
Not : State may ratify a treaty only when it is a signatory to it. 'here is no moral duty on the part of the States to ratify a treaty notwithstanding that its plenipotentiaries have signed the same. 'his step( however( should not be ta)en lightly. treaty may provide that it shall not be valid even if ratified but shall be valid only after the e.change or deposit of ratification has transpired.
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Senate is limited only to giving or withholding its consent( concurrence to the ratification. It is within the President to refuse to submit a treaty to the Senate or having secured its consent for its ratification( refuse to ratify it. Such decision is within the competence of the President alone( which cannot be encroached by this court via writ of mandamus. (P#1e!tel v. -<ecut#ve 8ecret$r9, G.R. No. 108/88, =ul9 6, 2//0)
Q: E#$2 (at i#sta#c s wh # a thi(% Stat who is a #o#=si4#ato(3 2a3 ' 'o$#% '3 a t( at3. A: 1. ?hen a treaty is a mere formal e.pression of customary international law( which( as such is enforceable on all civilized states because of their membership in the family of nations. 5nder rticle 2 of its charter( the 5G shall ensure that non0member States act in accordance with the principles of the Charter so far as may be necessary for the maintenance of international peace and security. 5nder rticle 1D3( obligations of member0states shall prevail in case of conflict with any other international agreement including those concluded with non0members. 'he treaty itself may e.pressly e.tend its benefits to non0signatory States. Parties to apparently unrelated treaties may also be lin)ed by the most0 favored nation clause.
2.
3. !.
Q: Wh # %o s a t( at3 #t ( i#to "o(c ? A: treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree. *ailing any such provision or agreement( a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States. Q: -a3 a Stat i#6o& th "act that its co#s #t to th t( at3 was o'tai# % i# 6iolatio# o" its i#t (#al law? A: ,R: Go. >PN: If the violation was manifest and concerned a rule of its internal law of fundamental importance.
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Not 8 violation is manifest if it would be ob1ectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith.
A : 1. 2. 'reaty prevails if the treaty comes after a particular custom( as between the parties to the treaty( Customs prevails if the custom develops after the treaty( it being an e.pression of a later will.
Q: What is a ( s (6atio#? Wh # ca# it #ot ' 2a% ? A: reservation is a unilateral statement( however phrased or named( made by a State( when signing( ratifying( accepting( approving( or acceding to a treaty( whereby it purports to e.clude or modify the legal effect of certain provisions of the treaty in their application to that State. Ceservations cannot be made if the treaty itself provides that no reservation shall be admissible( or the treaty allows only specified reservations which do not include the reservation in 3uestion( or the reservation is incompatible with the ob1ect and purpose of the treaty. Q: What a( th "" cts o" ( s (6atio# a#% o" o'E ctio#s to ( s (6atio#s? A : 1. Aodifies for the reserving State in its relations with that other party the provisions of the treaty to which the reservation relates to the e.tent of the reservation4 and 2. Aodifies those provisions to the same e.tent for that other party in its relations with the reserving State. 3. 'he reservation does not modify the provisions of the treaty for the other parties to the treaty #!ter "e. !. ?hen a State ob1ecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State( the provisions to which the reservation relates do not apply as between the two States to the e.tent of the reservation.
Q: Disti#4$ish a t( at3 "(o2 a# ? c$ti6 a4( 2 #t. A : 1. ?re$t#e" 0 need concurrence of the senate and involve basic political issues( changes in national policy and are permanent international agreements. -<ecut#ve $.ree1e!t" 0 need concurrence from the senate and are 1ust ad1ustments of details in carrying out well established national policies and are merely temporary arrangements. Q: Is )FA a t( at3 o( a 2 ( ? c$ti6 a4( 2 #t? A: In the case of :$9$! v. H$1or$ G.R No. 1380+/, Oct. 1/, 2///( 2* was considered a treaty because the Senate concurred in via 2@3 votes of all its members. <ut in the point of view of the 5S Lovernment( it is merely an e.ecutive agreement. Q: -a3 a t( at3 ' 2o%i"i % witho$t th co#s #t o" all th !a(ti s? A : , R: Go >PN: If allowed by the treaty itself( two states may modify a provision only insofar as theories are concerned. Q: What a( th 4(o$#%s "o( i#6ali%ati#4 a t( at3? A :
2. no
Q: A( t( ati s s$'E ct to E$%icial ( 6i w? A: Mes. %ven after ratification( the Supreme Court has the power of 1udicial review over the constitutionality of any treaty( international or e.ecutive agreement and must hear such
case e! b$!c. Q: I# cas o" co#"lict ' tw # a t( at3 a#% a c$sto2, which wo$l% !( 6ail?
1. 2. 3. !. #. $.
%rror *raud Corruption of a representative of a State Coercion of a representative of a State Coercion of a State by threat or use of force 2iolation of Cu" co.e!" norm
Q: What a( th 4(o$#%s "o( t (2i#atio# o" a t( at3?
A : 1. 'ermination of the treaty or withdrawal of a party in accordance with the terms of the treaty. 2. %.tinction of one of the parties to the treaty. 3. Autual agreement of all the parties to terminate the treaty. !. Ienunciation of the treaty by one of the parties. #. Supervening impossibility of performance. $. Conclusion of a subse3uent treaty inconsistent between the same parties. &. 2iolation of the treaty by one of the parties. ,. Ioctrine of rebu" "#c "t$!t#bu" +. /utbrea) of war between the parties to the treaty. 1D. Severance of diplomatic or consular relations 11. 'he emergence of new peremptory norm of general international law renders void and terminates any e.isting treaty in conflict with such norm. Q: What is th stantibus? %oct(i# o" rebus sic
within a reasonable Time #. 'he duration of the treaty must be Ind efin ite
A: It states that a fundamental change of circumstances which determined the parties to accept a treaty( if it has resulted in a radical transformation of the e.tent of the obligations imposed by it( may under certain conditions( afford the party affected a ground to invo)e the termination of the treaty. 'he change must have increased the burden of the obligations to be e.ecuted to the e.tent of rendering performance essentially different from the original intention. Q: What a( th rebus sic stantibus? ( I$isit s o"
A: PRUTIS 1. 'he change must not have been caused by the Party invo)ing the doctrine 2. 'he doctrine cannot operate Retroactively( #.e.( it must not adversely affect provisions which have already been complied with prior to the vital change in the situation 3. 'he change must have been Unforeseen or unforeseeable at the time of the perfection of the treaty !. 'he doctrine must be invo)ed
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'he change must be so Substantial that the foundation of the treaty must have altogether disappeared
Q: Wh # ca# th !(i#ci!l o" rebus sic stantibus #ot ' i#6o& % as a 4(o$#% "o( t (2i#ati#4 o( with%(awi#4 "(o2 a t( at3? A: 1. If the treaty establishes a boundary4 or 2. If the fundamental change is the result of a breach by the party invo)ing it of an obligation under the treaty or of any other obligation owed to any other party to the treaty. Q: What is th Fcl a# slat G ($l ? A: ?hen one State ceases to e.ist and is succeeded by another on the same territory( the newly independent State is not bound to maintain in force( or to become a party to( any treaty by reason only of the fact that at the date of the succession of States the treaty was in force in respect of the territory to which the succession of States relates. Q: What a( slat G ($l ? A: 1. 2. ?hen the new State agrees to be bound by the treaties made by its predecessor4 'reaties affecting boundary regime (ut#po""#&et#") th ?c !tio#s to th Fcl a#
Q: What is th 2ost="a6o( %=#atio# cla$s ? A: It may be defined in general( as a pledge by a contracting party to a treaty to grant to the other party treatment not less favorable than that which has been or may be granted to the 6most favored7 among other countries. Q: Ca# th Ho$s o" R !( s #tati6 s ta& acti6 !a(t i# th co#%$ct o" "o( i4# ( latio#s, !a(tic$la(l3 i# #t (i#4 i#to t( ati s a#% i#t (#atio#al a4( 2 #ts? A: Go. s held in 28 v. Curt#"" Mr#.6t -<port Corpor$t#o! 299 28 3/4( it is the President alone who can act as representative of the nation in the conduct of foreign affairs. lthough the Senate has the power to concur in treaties( the President alone can negotiate treaties and Congress is powerless to intrude into this. Fowever( if the matter involves a treaty or an e.ecutive agreement( the FC may pass a resolution
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e.pressing its views on the matter. Q: I" a t( at3 is #ot i# w(iti#4, 2a3 it still ' co#si% ( % as s$ch? A: Mes. /ral agreements between States are recognized as treaties under customary international law. Q: I# cas o" co#"lict ' tw # a t( at3 a#% a stat$t , which wo$l% !( 6ail? A: In case of conflict( the courts should harmonize both laws first and if there e.ists an unavoidable contradiction between them( the principle of le< po"ter#or &ero.$t pr#or# 0 a treaty may repeal a statute and a statute may repeal a treaty 0 will apply. 'he later one prevails. In our 1urisdiction( treaties entered into by the e.ecutive are ratified by the Senate and ta)es the form of a statute.
2. ,e 4$cto 8t$tele"" per"o!" 0 those who possess a nationality whose country does not give them protection outside their own country and who are commonly referred to as refugees. 94r#v$l&o v. CO7-L-C, G.R. No. 123+00, =u!e 28, 1996> Q: What a( th co#s I$ #c s o" stat l ss# ss? A: 1. ,e =ure 8t$tele"" per"o!" 0 stripped of their nationality by their former government and without having an opportunity to ac3uire another
4. NATIONALIT* AND STATELESSNESS Q: What is #atio#alit3? A: It is membership in a political community with all its concomitant rights and obligations. It is the tie that binds the individual to his State( from which he can claim protection and whose laws he is obliged to obey. Q: What citi5 #shi!? is
A: It has more e.clusive meaning in that it applies only to certain members of the State accorded more privileges than the rest of the people who owe it allegiance. Its significance is municipal( not international. Q: What #atio#alit3? is 2$lti!l
A:It is the possession by an individual of more than one nationality. It is ac3uired as the result of the concurrent application to him of the conflicting municipal laws of two or more States claiming him as their national. Q: What is stat l ss# ss? What a( &i#%s o" stat l ss# ss? th
A: It is the condition or status of an individual who is either8
1. Go State can intervene or complain in behalf of the Stateless person for an international delin3uency committed by another State in inflicting in1ury upon him 2. Fe cannot be e.pelled by the State if he is lawfully in its territory e.cept on grounds of national security or public order 3. Fe cannot avail himself of the protection and benefits of citizenship li)e securing for himself a passport or visa and personal documents Q: What is th all 4ia#c ? %oct(i# o" i#% li'l
A: n individual may be compelled to retain his original nationality nothwithstanding that he has already renounced it under the law of another State whose nationality he has ac3uired. Q: What is th Natio#alit3? A: Doct(i# o" E"" cti6
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. Q: Is a Stat l ss ! (so# #ti( l3 witho$t (i4ht, !(ot ctio# o( ( co$(s $#% ( th Law o" Natio#s? A: Go. 5nder the Convention in Celation to the Status of Stateless Persons( the contracting States agree to accord the stateless persons within their territories treatment at least as favorable as that accorded their nationals with respect to8 1. *reedom of religion 2. ccess to the courts 3. Cationing of products in short supply !. %lementary education #. Public relief and assistance $. "abor legislation &. Social Security
Not : 'hey also agree to accord them treatment not
less favorable than that accorded to aliens generally in the same circumstances. 'he Convention also provides for the issuance of identity papers and travel documents to the Stateless persons.
R s!o#si'ilit3? A: 1. ,#rect 8t$te re"po!"#b#l#t9 - ?here the international delin3uency was committed by superior government officials or organs li)e 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 State. *!&#rect 8t$te re"po!"#b#l#t9 - ?here the offense is committed by inferior government officials or by private individuals. 'he State will be held liable only if( by reason of its indifference in preventing or punishing it( it can be considered to have connived in effecting its commission.
Q: What 2 as$( s has i#t (#atio#al law ta& # to !( 6 #t Stat l ss# ss? A: In the Convention on the Conflict of Gationality "aws of 1+3D( the Contracting States agree to accord nationality to persons born in their territory who would otherwise be stateless. 'he Convention on the Ceduction of Statelessness of 1+$1 provides that if the law of the contracting States results in the loss of nationality( as a conse3uence of marriage or termination of marriage( such loss must be conditional upon possession or ac3uisition of another nationality. Q: What is th Doct(i# o" , #$i# Li#&? A: It states that the bond of nationality must be real and effective in order that a State may claim a person as its national for the purpose of affording him diplomatic protection. h. TREAT-ENT OF ALIENS Q: What is th R s!o#si'ilit3? Doct(i# o" Stat
2.
Q: What a( th l 2 #ts o" a# i#t (#atio#all3 w(o#4"$l act? A: A : 1. 2. Q: o" <reach of an international obligation ttributability a( th two &i#%s
A: State may be held responsible for an international delin3uency directly or indirectly imputable to it which causes in1ury to the national of another State. "iability will attach to the State where its treatment of the alien falls below the international standard of 1ustice or where it is remiss in according him the protection or redress that is warranted by the circumstances. Q: What a( th ( I$isit s "o( th #"o(c 2 #t o" th %oct(i# o" Stat R s!o#si'ilit3? A : 1. 2. 'he in1ured alien must first e.haust all local remedies4 and Fe must be represented in the international claim for damages by his own State th l 2 #ts o"
What Stat
Q: What a( Stat R s!o#si'ilit 3?
1. 2.
ct or omission is attributable to the State under international law4 and Constitutes a breach of an international obligation of the State
Not : %very internationally wrongful act of a State entails the international responsibility of that State.
Q: What a( th actsSsit$atio#s which a( att(i'$ta'l to th Stat ? A: 'ct" of t6e 8t$te or.$!" - acts of State organs in their capacity provided by law or under instructions of superiors 2. 'ct" of ot6er per"o!" - If the group of persons was in fact e.ercising elements of the governmental authority in the absence or default of the official authorities and circumstances such as to call for the e.ercise of those elements of authority. 3. 'ct" of revolut#o!$r#e" - conduct of an insurrectional movement which becomes the new government of a State or part of a State. Q: What is th th o(3 o" O'E cti6 o( St(ict Lia'ilit3 with ( s! ct to stat ( s!o#si'ilit3? A: It provides that fault is unnecessary for State responsibility to be incurred. Its re3uisites are8 1.
1. 2.
gency Casual connection between the breach and the act or omission imputable to the State.
Q: Wh # 2a3 a Stat !(ot ctio#?
? (cis %i!lo2atic
Q: What a( th ( li "s a6aila'l wh ( a Stat is lia'l "o( a# i#t (#atio#all3 w(o#4"$l act? A: 1. ,ecl$r$tor9 rel#ef - declaration by a court that as to the illegality of an act constitutes a measure of satisfaction or reparation in the broad sense.
Not : 'his is available when this is( or the parties deem this( the proper way to deal with a dispute or when the ob1ect 6is not to give satisfaction for the wrong received.7
A: ?hen a State admits into its territory foreign investments or foreign nationals( whether natural or 1uristic persons( it is bound to e.tend to them the protection of the law and assumes obligations concerning the treatment to be afforded to them. 'hese obligations however( are neither absolute nor un3ualified. n essential distinction should be drawn between the obligations of the State towards the international community as a whole( and those vis0\0vis another State in the field of their diplomatic protection. <y their very nature the former are the concern of all States. ll States can be held to have a legal interest in their protection4 they are obligations er.$ o1!e". /bligations the performance of which is the sub1ect of diplomatic protection are not of the same category. It cannot be held( when one such obligation in particular is in 3uestion( in a specific case( that all States have a legal interest in its observance. (C$"e Co!cer!#!. :$rcelo!$ ?r$ct#o!, L#.6t $!& Po%er Co1p$!9, L#1#te&, 4eb.
2.
8$t#"f$ct#o! - a measure other than restitution or compensation which an offending State is bound to ta)e. Its ob1ect either8 a. b. c. is often
n apology and other ac)nowledgment of wrongdoing Punishment of individuals concerned 'a)ing of measures to prevent a recurrence
Q: How sho$l% Stat s t( at ali #s withi# th i( t ((ito(3? A: 'he standards to be used are the following8 - liens are treated in the same manner as nationals of the State where they reside 2. 7#!#1u1 #!ter!$t#o!$l "t$!&$r& Fowever harsh the municipal laws might be( against a State;s own citizens( aliens should be protected by certain minimum standards of humane protection.
Not : States protect aliens within their 1urisdiction in the e.pectation that their own nationals will be properly treated when residing or so1ourning abroad.
3.
Re"t#tut#o! - involves wiping out all the conse3uences of the breach and re0 establishing the situation which would probably have e.isted had the act not been committed. Co1pe!"$t#o! - payment of money as a valuation of the wrong done.
Not : 'he compensation must correspond to the value which restitution in )ind would bear4 the award of damages for loss sustained which would not be covered by restitution in )ind or payment in place of it.
!.
Q: What is th %i"" ( #c ' tw # ! c$#ia(3 satis"actio# a#% co2! #satio#? A:

PECUNIAR* SATISFACTION to)en of regret and ac)nowledgment of wrongdoing 96monetary sorry7> CO-PENSATION 'o ma)e up for or repair the damage done.
Q: E?!lai# th i#t (#atio#al law.
Ri4ht
o"
As3l$2
i#
A: 'he right of asylum is the competence of every State inferred from its territorial supremacy to allow a prosecuted alien to enter and to remain on its territory under its protection and thereby grant asylum to him.
Q: Who is a ( "$4 ? A: ny person who is outside the country of his nationality or the country of his former habitual
residence because he has or had well founded fear of persecution by reason of his race( religion( nationality( membership of a political group or political opinion and is unable or( because of such fear( is unwilling to avail himself of the protection of the government of the country of his nationality( or( if he has no nationality( to return to the country of his former habitual residence. Q: What a( th l 2 #ts ' "o( o# 2a3 ' co#si% ( % as a ( "$4 ? A : of the other State to surrender Q: Disti#4$ish ?t(a%itio# "(o2 % !o(tatio#. A:
E?t(a%itio# D !o(tatio# 1. 'he person is outside the act country %ffected at the 5nilateral of of or in the case of re3uest his nationality(the
Stateless persons( outside the country of habitual residence4 2. 'he person lac)s national protection4 3. 'he person fears persecution in his own country.
Not : 'he second element ma)es( a refugee a Stateless person. <ecause a refugee appro.imates a Stateless person( he can be compared to a vessel on the open sea not sailing under the flag of any State( or be called flo tsam and re" !ull#u". /nly a person who is granted asylum by another State can apply for refugee status4 thus the refugee treaties imply the principle of asylum.
Q: What is th %i"" ( #c ' tw # ( "$4 a#% i#t (#all3 %is!lac % ! (so#?
A: Refu.ee" are people who have fled their countries while #!ter!$ll9 &#"pl$ce& per"o!" are those who have not left their country;s territory Q: What is th R "o$l2 #t? P(i#ci!l o" No#=
A: It posits that a State may not deport or e.pel refugees to the frontiers of territories where their life or freedom would be put in danger or at ris).
0. E?t(a%itio# Q: What ?t(a%itio#? is
A: It is the right of a foreign power( created by treaty( to demand the surrender of one accused or convicted of a crime within its territorial 1urisdiction( and the correlative duty
Q: What is th 'asis o" ?t(a%itio#? A: 'he e.tradition of a person is re3uired only if there is a treaty between the State of refuge and the State of origin. s a gesture of comity( however( a State may e.tradite anyone. *urthermore( even with a treaty( crimes which are political in character are e.empted. Q: What a( th "$#%a2 #tal 4o6 (#i#4 ?t(a%itio#? A: 1. <ased on the consent of the State e.pressed in a treaty 2. Principle of 8pec#$lt9 - a fugitive who is e.tradited may be tried only for the crime specified in the re3uest for e.tradition and included in the list of offenses in the e.tradition treaty 3. ny person may be e.tradited( whether he be a national of the re3uesting State( of the State of refuge or of another State. Fe need not be a citizen of the re3uesting State !. Political or religious offenders are generally not sub1ect to e.tradition.
Not : ttentant clause is a provision in an e.tradition treaty which states that the murder or assassination of the head of a state or any member of his family will not be considered as a political offense and therefore e.traditable.
of the State of origin <ased on offenses committed in the State of the origin Calls return of the fugitive to the State or origin
local State <ased on causes arising in the local State 5ndesirable alien may be deported to a State other than his own or the State of origin ;0@@: /a(
!(i#ci!l s
#. $.
'he offense must have within the territory of the or against its interest ,ouble Cr#1#!$l#t9 Rule which the e.tradition is punishable in both States
been committed re3uesting State - 'he act for sought must be
Q: What %o s th P(i#ci!l 2 a# i# ?t(a%itio#?
o" D$al C(i2i#alit3
A: 5nder the principle of double or dual criminality( the crime must be punishable in both the re3uesting and re3uested States to ma)e it
e.traditable . Q: What %o s th P(i#ci!l 2 a# i# ?t(a%itio#? o" S! cialt3
$. &.
Fearing 9provide officio if necessary>4
counsel
de
A: 5nder the principle of specialty in e.tradition( a person cannot be tried for an offense not included in the list of e.traditable offenses in the e.tradition treaty between the re3uesting and the re3uested States( unless the re3uested State does not ob1ect to the trial of such person for the unlisted offense. Q: What is th !(oc %$( "o( ?t(a%itio# wh # a "o( i4# Stat ( I$ sts "(o2 th Phili!!i# s? A : 1. *ile@issue re3uest through diplomatic representative with8 a. Iecision of conviction b. Criminal charge and warrant of arrest c. Cecital of facts d. 'e.t of applicable law designating the offense e. Pertinent papers I* forwards re3uest to I/K
ppeal to C within ten days whose decision shall be final and e.ecutory4 Iecision forwarded to I* I/K4 through the
,. +.
Individual placed at the disposal of the authorities of re3uesting State costs and e.penses to be shouldered by re3uesting State.
Q: Sho$l% th E$%4 i#"o(2 th !ot #tial ?t(a%it o" th ! #%i#4 ! titio# "o( ?t(a%itio# !(io( to th iss$a#c o" wa((a#t o" a(( st? A: Go. Prior to the issuance of the warrant( the 1udge must not inform or notify the potential e.traditee of the pendency of the petition( lest the latter be given the opportunity to escape and frustrate the proceedings. 'he foregoing procedure will 6best serve the ends of 1ustice7 in e.tradition cases. Q: Ca# a Stat co2! l a#oth ( Stat to ?t(a%it a c(i2i#al witho$t 4oi#4 th(o$4h th l 4al !(oc ss? A: Go. Q: Is a# ?t(a%itio # !(oc %i #4 a c(i2i#al !(oc %i #4? A: Go. %.traditio n is not a criminal proceedin g which will call into operation all the rights of an accused provided in the bill of rights. Q: Is a
2.
3. I/K files petition for e.tradition with C'C !. 5pon receipt of a petition for e.tradition and its supporting documents( the 1udge must study them and ma)e( as soon as possible( a pr#1$ f$c#e f#!&#!. whether 9a> they are sufficient in form and substance( 9b> they show compliance with the %.tradition 'reaty and "aw( and 9c> the person sought is e.traditable. t his discretion( the 1udge may re3uire the submission of further documentation or may personally e.amine the affiants and witnesses of the petitioner. If( in spite of this study and e.amination( no pr#1$ f$c#e f#!&#!. is possible( the petition may be dismissed at the discretion of the 1udge. /n the other hand( if the presence of a prima facie case is determined( then the magistrate must immediately issue a warrant for the arrest of the e.traditee( who is at the same time summoned to answer the petition and to appear at scheduled summary hearings.
#.
! titio#
"o( 'ail 6ali% i#
?t(a%itio# cas s? A: Mes. 'he
Philippines( along with other members of the family of nations( committed to uphold the fundamental human rights as well as value the worth and dignity of every person. 'he commitment is enshrined in Section 11( rticle II of our Constitution which provides8 R?6e 8t$te v$lue" t6e &#.!#t9 of ever9 6u1$! per"o! $!& .u$r$!tee& full re"pect for 6u1$! r#.6t".D 'he Philippines( therefore( has the responsibility of protecting and promoting the right of every person to liberty and due process( ensuring that those detained or arrested can participate in the proceedings before a court( to enable it to decide without delay on the legality of the detention and order their release if 1ustified. In other words( the Philippine authorities are under obligation to ma)e available to every person under detention
249
such remedies which safeguard their fundamental right to liberty. 'hese remedies include the r#.6t to be $&1#tte& to b$#l. (Gover!1e!t of 5o!. Ko!. 8pec#$l '&1#!#"tr$t#ve Re.#o!, repre"e!te& b9 t6e P6#l#pp#!e ,ep$rt1e!t of =u"t#ce v. Ol$l#$, =r., G.R. No. 1036+0, 'pr#l 19, 2//+) Q: What a( th (i4hts o" a ! (so# a(( st % a#% % tai# % i# a#oth ( Stat ? A: 1. Cight to have his re3uest complied with by the receiving State to so inform the consular post of his condition Cight to have his communication addressed to the consular post forwarded by the receiving State accordingly Cight to be informed by the competent authorities of the receiving without delay his rights as mentioned above
3.
?6#r& .e!er$t#o!8 Cight to development( right to peace and right to environment
Q: How a( h$2a# (i4hts classi"i %? A: 1. Individual rights 2. Collective rights (r#.6t to "elf &eter1#!$t#o! of peopleI t6e per1$!e!t "overe#.!t9 over !$tur$l re"ource") Q: What a( th th( 2ai# i#st($2 #ts o" h$2a# (i4hts? A : 1. 2. 3. 5nited Ieclaration of Fuman Cights 'he International Covenant on %conomic( Social and Cultural Cights International Covenant on Civil and Political Cights
2.
3.
Q: What a( th (i4hts 4$a(a#t % i# th I#t (#atio#al Co6 #a#t o# Eco#o2ic, Social a#% C$lt$(al Ri4hts? A: to8 Cight 1. 2. 3. !. #. $. &. ,. Self0determination ?or) and accompanying rights Social Security and other Social rights de3uate Standards of living Physical and Aental Fealth %ducation 'a)e part in cultural life %n1oy the benefits of scientific progress and applications
Q: Is th ( t(oacti6 a!!licatio# o" th ?t(a%itio# t( at3 a2o$#ti#4 to a# ? !ost "acto law? A: Go. In Mr#.6t v. Court of 'ppe$l", G.R. No.113213, 'u.u"t 10,1994, it was held that the retroactive application of the 'reaty of %.tradition does not violate the prohibition against e. post facto laws( because the 'reaty is neither a piece of criminal legislation nor a criminal procedural statute. It merely provided for the e.tradition of persons wanted for offenses already committed at the time the treaty was ratified. i. INTERNATIONAL HU-AN RI,HTS LAW Q: What a( h$2a# (i4hts? A: 'hose liberties( immunities and benefits( which all human beings should be able to claim 6as a right of the society in which they live - "ouis Fen)in Q: How a( th i#t (#atio#al h$2a# (i4hts %i6i% %? A: 'he said rights are divided into 3 generations( namely8
Q: What a( th (i4hts 4$a(a#t % i# th I#t (#atio#al Co6 #a#t o# Ci6il a#% Political (i4hts? 1. 4#r"t .e!er$t#o!8 civil and political rights 2. 8eco!& .e!er$t#o!8 economic( social and cultural rights
A: 1. 2. 3. !. #. Cight to self0determination Cight to an effective remedy %3ual right of men and women to the en1oyment of all the civil and political rights Cight to life Got to be sub1ected to torture or to cruel( inhuman or degrading treatment or punishment. In particular( freedom from medical or scientific e.perimentation e.cept with his consent *reedom from slavery and servitude Cight to liberty and security of person Cight to be treated with humanity and with respect for the inherent dignity of the human person
$. &. ,.
+. 1D. 11. 12.
13. 1!. 1#. 1$. 1&. 1,. 1+. 2D.
21. and
Go imprisonment on the ground of inabilityto fulfill a contractual obligation Cight to liberty of movement and freedom to choose his residence Cight to a fair and public hearing by a competent( independent and impartial tribunal established by law Go one shall be held guilty of an criminal offense on account of any act or omission which did not constitute a criminal office( under national or international law( at the time when it was committed Cight to recognition everywhere as a person before the law Cight to privacy Cight to freedom of thought( conscience and religion Cight to freedom of e.pressions Cight of peaceful assembly Cight of freedom of association Cight to marry and to found a family Cight to such measures of protection as are re3uired by his status as a minor( name and nationality Cight to participation( suffrage
access to public service 22. Cight to e3ual protection of the law 23. Cight of minorities to en1oy their own culture( to profess and practice their religion and to use their own language. Q: -a3 !a(ti s % (o4at "(o2 th i( o'li4atio#s? A: ,R: In times of public emergency which threatens the life of the nation and the e.istence of which is officially proclaimed( parties may ta)e measures to derogate from their obligations to the e.tent strictly re3uired by the e.igencies of the situation. >PN: 'here can be no derogation from the following8 1. Cight to life 2. *reedom from torture or cruel( inhuman or degrading punishment 3. *reedom from slavery !. *reedom from imprisonment for failure to fulfill a contractual obligation #. *reedom from e. post fact laws $. Cight to recognition everywhere as a person before the law &. *reedom of thought( conscience and religion
) ICEWhat CHAIRS is FOR LA*=OUT Q: to(t$( ?AND DESI,N: % 'F%%G C. A C'IG%Q
ICE C" "/5I% A.
S C M G
A: It is any act by which severe pain or suffering( whether physical or mental( is intentional ly inflicted on a person for such purposes as obtaining from him or a third person( informatio n or a confessio n( punishing him for an act he or a third person has committe d or is suspecte d of having committe d( or intimidatin g or coercing him or a third person( or for any reason based on discrimina tion of any )ind( when such pain or suffering is inflicted by or at the instigation of or with the consent or ac3uiesce nce of a public
official or other person acting in an official capacity. 92!#te& N$t#o!" Co!ve!t#o! $.$#!"t ?orture $!& Ot6er Cruel, *!6u1$! or ,e.r$&#!. ?re$t1e!t or Pu!#"61e!t@2NC?O effective Kune 2$( 1+,&> Q: What %o s it #ot i#cl$% ? A: It does not include pain or suffering arising only from( inherent in or incidental to lawful sanctions. Q: What a( th th UNCTO? A: 1. Go e.ceptional circumstances whatsoever( whether a state of war or a threat or war( internal political instability or any other public emergency or any order from a superior officer or a public authority may be invo)ed as a 1ustification of torture. Go State party shall e.pel( return 96refouler7> or e.tradite a person to another State where there are substantial grounds for believing that he would be in danger of being sub1ected to torture. ll acts of torture are offenses under a State Party;s criminal law. State Parties shall afford the greatest measure of assistance in connection with civil proceedings brought in respect of any of the offences 'o ensure that education and information regarding the prohibition against torture are fully included on persons involved in the custody( interrogation or treatment of any individual sub1ect to any form of arrest( detention( or imprisonment. 'o )eep under systematic review interrogation rules( instructions( methods and practices as well as arrangements for the custody and treatment of persons sub1ected to any o'li4atio#s o" th Stat Pa(ti s i#
251
2.
3. !.
#.
$.
G%""% C.
"%%
ICE
C" "/5I% A.
S C M G
&.
,.
+.
1D.
11. its
form of arrest( detention or imprisonment in any territory under its 1urisdiction( with a view to preventing any case of torture. 'o ensure a prompt and impartial investigation wherever there is reasonable ground to believe that an act of torture has been committed 'o ensure that an individual sub1ected to torture has the right complain and have his case promptly and impartially e.amined by competent authorities 'o ensure that the victim obtains redress and has an enforceable right to fair and ade3uate compensation 'o ensure that any statement established to have been made as a result of torture shall not be invo)ed as evidence in any proceedings( e.cept against a person accused of torture as evidence that the statement was made. 'o prevent in any territory under 1urisdiction other acts of cruel( inhuman or degrading treatment or punishment which do not amount to torture when such acts are committed by or at the instigation of or with the consent of ac3uiescence of a public official or other person acting in an official capacity.
E. INTERNATIONAL HU-ANITARIAN LAW ;IHL< AND NEUTRALIT* Q: What is I#t (#atio#al H$2a#ita(ia# Law ;IHL< ? A: It is the branch of PI" which governs armed conflicts to the end that the use of violence is limited and that human suffering is mitigated or reduced by regulating or limiting the means of military operations and by protecting persons who do not or no longer participate in hostilities. It is also )nown as the law of armed conflict or the law of war. Q: What a( th two '(a#ch s o" IHL? A: 1. L$% of Ge!ev$ - designed to safeguard military personnel who are no longer ta)ing part in the fighting and people not actively. 2. L$% of t6e 5$.ue - establishes the rights and obligations of belligerents in the conduct of military operations( and limits the means of harming the enemy. Q: What wa(? is
Q: Wh # 2a3 a stat !a(t3 sta'lish its E$(is%ictio# o6 ( o"" #s s ( 4a(%i#4 to(t$( ? A : ?hen the offenses are committed in any territory under its 1urisdiction or on board a ship or aircraft registered in the State4 2. ?hen the alleged offender is a national of that State4 3. ?hen the victim was a national of that State if that State considers it appropriate4 !. ?here the alleged offender is present in any territory under its 1urisdiction and it does not e.tradite him.
Not : Gos. 1 to 3 are considered as e.traditable offences. In the absence of an e.tradition treaty( the 5GC'/ may be considered as the legal basis for e.tradition. Such offenses shall be treated( for the purpose of e.tradition( as if they have been committed not only in the place in which they occurred but also in the territories of the State re3uired to establish their 1urisdiction.
1.
A: It is contention between two States( through their armed forces( for the purpose of overpowering the other and imposing such conditions of peace as the victor pleases. Q: What a( th two cat 4o(i s o" th Laws o" wa(? A: 'he two categories are8 1. =u" #! bello - also )nown as the law of war. 'he provisions of international humanitarian law apply to the warring parties irrespective of the reasons for the conflict and whether or not the cause upheld by either party is 1ust. It regulates only those aspects of international law( which are of humanitarian concern. 2. =u" $& bellu1 or Cu" co!tr$ bellu1 )nown as the law on the use of force or law on the prevention of war. 'he application of humanitarian law does not involve the denunciation of guilty parties as
that would be bound to arouse controversy and not paralyze
implementation of the law( since each adversary would claim to be a victim of aggression. IF" is intended to protect war victims and their fundamental rights( no matter to which party they belong. Q: Is th UN Cha(t ( co22itt % to th o$tlawi#4 o" wa(? A: Mes. 5nder the 5G Charter( the use of force is allowed only in two instances( to wit( in the e.ercise of the inherent right of self0 defense and in pursuance of the so0called enforcement action that may be decreed by the Security Council. Q: How is wa( co22 #c %? A: ?ith the8 1. 2. 3. Ieclaration of war Ce1ection of an ultimatum Commission of an act of force regarded by at least one of the parties as an act of war.
outbrea) of the hostilities is with certain e.ceptions( sub1ect to confiscation.

Not : n army of occupation can only ta)e possession of the cash( funds( and property liable to re3uisition belonging strictly to the State( depots of arms( means of transport( stores and supplies( and( generally( all movable property of the State which may be used for military operations. ('rt#cle 03, L$%" $!& Cu"to1" of M$r o! L$!& (5$.ue **), =ul9 29, 1899)
Q: What a( th t sts i# % t (2i#i#4 th # 23 cha(act ( o" i#%i6i%$als? A : 1. 2. N$t#o!$l#t9 te"t - If they are nationals of the other belligerent( wherever they may be. ,o1#c#l#$r9 te"t - If they are domiciled aliens in the territory of the other belligerent( on the assumption that they contribute to its economic resources. 'ct#v#t#e" te"t - If( being foreigners( they nevertheless participate in the hostilities in favor of the other belligerent. th P(i#ci!l o"
3.
Q: What is a % cla(atio# o" wa(? A: communication by one State to another informing the latter that the condition of peace between them has come to an end and a condition of war has ta)en place. Q: What ultimatum? is a#
Q: What is Disti#ctio#?
A: Parties to an armed conflict must at all times distinguish between civilian and military targets and that all military operations should only be directed at military targets. Q: Who a( th !a(tici!a#ts i# wa(? A: !. %nemy public property found in the territory of other belligerent at the 1. Co1 b$t$! t" 0 those who enga ge d i r e c t l y
A: written communication by one State to another which formulates( finally and categorically( the demands to be fulfilled if forcible measures are to be averted. Q: What a( th wa(? A: "aws of peace are superseded by the laws of war. 2. Iiplomatic and consular relations between the belligerents are terminated. 3. 'reaties of political nature are automatically cancelled( but those which are precisely intended to operate during war such as one regulating the conduct of hostilities( )ICE CHAIR FOR D-INISTRATION AND FINANCE8 K% G%""% C. "%% areAactivated.
C" "/5I% A.
"" cts o" th o$t'( a& o"
1.
S C M G
2.
in the hostilities( and No!co1b$t$!t" 0 those who do not( such as women and children.
Q: Who a( ( 4a(% % as co2'ata#ts? A: 1. Aembers of the $r1e& force" e.cept those not actively engaged in combat 2. 'he #rre.ul$r force"( such as the guerrillas( provided that8 a. 'hey are commanded by a person responsible for his subordinates b. 'hey wear a fi.ed distinctive sign c. 'hey carry arms openly4 and
253
3.
!.
'hey conduct their operations in accordance with the laws and customs of war. Levee e! 7$""e -the inhabitants of unoccupied territory who( on approach or the enemy( spontaneously ta)e arms to resist the invading troops without having had time to organize themselves( provided only that they carry arms openly and observe the laws and customs of war. 'he officers and crew members of merchant vessels who forcibly resist attac). a(2 % "o(c s as % "i# %
d.
!.
'he complete submission and sub1ugation of one of the belligerents is
Q: What Postli2i#i$2?
A: 'he revival or reversion to the old laws and sovereignty of territory which has been under belligerent occupation once control of the belligerent occupant is lost over the territory affected. Q: Wh # is th Postli2i#i$2 a!!li %? P(i#ci!l o"
Q: What a( $#% ( R.A. @A:0 ?
A: 'hese are all organized armed forces( groups and units that belong to a party to an armed conflict which are under a command responsible to that party for the conduct of its subordinates. Q: What a( th 'asic !(i#ci!l s that $#% (li th ($l s o" wa("a( ? A : 1. ?6e pr#!c#ple of 1#l#t$r9 !ece""#t9 'he belligerent may employ any amount of force to compel the complete submission of the enemy with the least possible loss of lives( time and money.
Not : 5nder C. . +,#1( it is the necessity of employing measures which are indispensible to achieve a legitimate aim of the conflict and not prohibited by IF"
A: ?here the territory of one belligerent State is occupied by the enemy during war( the legitimate government is ousted from authority. ?hen the belligerent occupation ceases to be effective( the authority of the legitimate government is automatically restored( together with all its laws( by virtue of the 1us postliminium. 90@8@ /a( Q$ stio#> Q: What is /tipossidetis4 th P(i#ci!l o"
A: llows retention of property or territory in the belligerent;s actual possession at the time of the cessation of hostilitites. Q: What is status quo ante bellum? A: %ach of the belligerents is entitled to the territory and property which it had possession of at the commencement of the war. Q: What a( '3 th IHL ? A : 1. '!$rc6#c co!fl#ct" @ It is a situation where armed groups ta)e advantage of th F# wG co#"licts co6 ( %
the use of any measure that is not the war( such as the poisoning of wells. 3. ?6e pr#!c#ple of c6#v$lr9 - Prohibits the belligerents from the employment of treacherous methods( such as the illegal use of Ced Cross emblems.
the wea)ening or brea)down of the
Q: How 2a3 wa( ' t (2i#at %? A: <y8 1. Simple cessation of hostilities( without the conclusion of a formal treaty 2. 'reaty of peace 3. 5nilateral declaration
2.
State structures in an attempt to grab power. ?6o"e #! %6#c6 .roup #&e!t#t9 beco1e" $ foc$l po#!t - 'hese groups e.clude the adversary through 6ethnic cleansing7 which consists in forcibly displacing or even e.terminating populations. 'his strengthens group feeling to the detriment of the e.isting national
identity( ruling out any possibility of coe.istence with other groups. Q: Di"" ( #tiat ;IHL< "(o2 H$2a# Ri4hts Law. A:
INTERNATION AL HU-ANITARIAN pplies in situations of armed conflict. Go derogations are permitted under IF" because it was conceived for emergency situations( namely ims to protect people who do not or are no longer ta)ing part in hostilities. 'he rules embodied in IF" impose duties on all parties to a conflict. HU-AN RI,HTS LAW Protects the individual at all times in war and peace ali)e. Some human rights treaties permit governments to derogate from certain rights in situations of public 'ailored primarily for peacetime( and applies to everyone. 'heir principal goal is to protect individuals from arbitrary behavior by their own governments. Fuman rights law does not deal with the conduct of hostilities. States are bound by human rights law to accord national law with international obligations. Implementing mechanisms are comple. and( contrary to IF" include regional systems. Supervisory bodies( e.g. the 5G Commission on Fuman Cights 95GCFC>( are either based on the 5G Charter or provided for in specific treaties. 'he 5GCFC have developed a mechanism of special rapporteurs and wor)ing groups( whose tas) is to monitor and report on human rights situations either by country or by
humanitarian rules.
It;s role is to enhance the effectiveness of the 5G human rights machinery and to build up national( regional and international capacity to promote and protect human rights and to disseminate human rights te.ts and information. Fuman rights treaties also provide for the establishment of committees of independent e.perts charged with monitoring their implementation. Certain regional treaties 9%uropean and merican> also establish human rights courts.
Fumanitarian law obliges States to ta)e practical and legal measures( such as enacting penal legislation and disseminating Provide for several specific mechanisms that help its implementation. Gotably( States are re3uired to ensure respect also by other States. Provision is also made for in3uiry procedure( a Protecting Power mechanism( and the International *act0 *inding Commission. In addition( the International Committee of the Ced Cross 9ICCC > is given a )ey role in ensuring respect for
Not : IF" and international human rights law 9hereafter referred to as human rights> are complementary. <oth strive to protect the lives( health and dignity of individuals( albeit from a different angle.
Q: What is R.A. @A:0? A: C. . +,#1 is the Philippine ct on Crimes gainst International Fumanitarian "aw( Lenocide and other Crimes gainst Fumanity. Its State policies include8 1. ' h e r e n u n c i a ti o n o
2. 3. !. #. $.
f war and adherence to a policy of peace( e3uality( 1ustice( freedom( cooperation and amity with all nations. 2alues the dignity of every human person and guarantees full respect of human rights Promotion of Children as zones of peace doption of the generally accepted principles of international law Punishment of the most serious crimes of concern to the international community 'o ensure persons accused of committing grave crimes under international law all rights for a fair and strict trial in accordance with national and international law as well as
OF
UNI)ERSIT*
SANTO TO-AS
255
accessible and gender0sensitive avenues of redress for victims of armed conflicts 'he application of the provisions of this ct shall not affect the legal status of the parties to a conflict( nor give an implied recognition of the status of belligerency. Q: What is th "" ct S( l 6a#c !assa4 o" R.A. @A:0? o" th
$r1e& co!fl#ct( grave breaches of the Leneva
A: C. . +,#1 mandates both the State and non0 state armed groups to observe international humanitarian law standards and gives the victims of war0crimes( genocide and crimes against humanity legal recourse Q: What is a# Fattac& %i( ct % a4ai#st a#3 ci6ilia# !o!$latio#G? A: It means a course of conduct involving the multiple commission of acts referred to in other crimes against humanity against any civilian population( pursuant to or in furtherance of a State or organizational policy to commit such attac). Q: What is 4 #oci% ? A: 1. ny of the following acts with intent to destroy( in whole or in part( a national( ethnic( racial( religious( social or any other similar stable and permanent group such as8 a. Oilling of members of the group b. Causing serious bodily or mental harm to members of the group c. Ieliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part d. Imposing measure intended to prevent births within the group e. *orcibly transferring children of the group to another group 2. Iirectly and publicly inciting others to commit genocide 9R.'. 9801>
Q: What a( wa( c(i2 s? A: 1. In case of an #!ter!$t#o!$l
Conventions of ugust 12( 1+!+( namely any of the following acts against persons or property protected8 a. ?illful )illing b. 'orture or inhuman treatment( including biological e.periments c. ?illfully causing great suffering( or serious in1ury to body or health d. %.tensive destruction and appropriation of property not 1ustified by military necessity and carried out unlawfully and wantonly e. ?illfully depriving a prisoner of war or other protected person of the rights of fair and regular trial f. rbitrary deportation or forcible transfer of population or unlawful confinement g. 'a)ing hostages h. Compelling a prisoner of war or other protected person to serve in the forces of a hostile power4 and i. 5n1ustifiable delay in the repatriation of prisoners of war or other protected persons. 2. In case of !o!#!ter!$t#o!$l $r1e& co!fl#ct( serious violation of common rticle 3 to the four Leneva Conventions of 12 ugust 1+!+( namely any of the following acts committed against persons ta)ing no active part in the hostilities( including members of the armed forces who have laid down their arms and those placed 6or" &e co1b$t by sic)ness( wounds( detention or any other cause8 a. 2iolence to life and person( in particular( willful )illings( mutilation( cruel treatment and torture b. Committing outrages upon personal dignity( in particular humiliating and degrading treatment c. 'a)ing of hostages4 and d. 'he passing of sentences and the carrying out of e.ecutions without previous 1udgment pronounced by a regularly constituted court( affording all 1udicial guarantees which are generally recognized as indispensible. /ther serious violations of the laws and customs applicable in the armed conflict within the established
3.
framewor) of international law( namely8 a. Intentionally directing attac)s against the civilian population as such or against individual civilians not ta)ing direct part in hostilities b. Intentionally directing attac)s against civilian ob1ects( that is( ob1ects which are not military ob1ectives c. Intentionally directing attac)s against buildings( material( medical units and transport( and personnel using the distinctive emblems of dditional Protocol II in conformity with international law d. Intentionally directing attac)s against personnel( installations( material( units or vehicles involved in a humanitarian assistance or peace)eeping mission in accordance with the Charter of the 5nited Gations as long as they are entitled to the protection given to civilians or civilian ob1ects under the international law of armed conflict e. "aunching an attac) in the )nowledge that such attac) will cause incidental loss of life or in1ury to civilians or damage to civilian ob1ects or widespread long0 term and severe damage to the natural environment which would be e.cessive in relation to the concrete and direct military advantage anticipated f. "aunching an attac) against wor)s or installations containing dangerous forces in the )nowledge that such attac) will cause e.cessive loss of life( in1ury to civilians or damage to civilian ob1ects( and causing death or serious in1ury to body or health g. ttac)ing or bombarding( by whatever means( towns( villages( dwellings or buildings which are undefended and which are not military ob1ectives( or ma)ing non0 defended localities or demilitarized zones the ob1ect of attac) h. Oilling or wounding a person in the )nowledge that he@she is 6or" &e co1b$t( including a combatant who( having laid down his@her arms no longer having means of
S C M G
def ens e( has surr end ere d at disc reti on i. A a ) i n g i m p r o p e r u s e o f a fl a g o f t r u c e ( o f t h e fl a g o r t h e m il
1.
itary insignia and uniform of the enemy or of the 5nited Gations( as well as of the distinctive emblems of the Leneva Conventions or other protective signs under the International Fumanitarian "aw( resulting in death( serious personal in1ury or capture4 Intentionally directing attac)s against buildings dedicated to religion( education( art( science( or charitable purposes( historic monuments( hospitals and places where the sic) and wounded are collected( provided that they are not military ob1ectives.
Not : In case of doubt( they shall be presumed not to be so used.
).
Sub1ecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific e.periments of any )ind( or to removal of tissue or organs for transplantation( which are neither 1ustified by the medical( dental or hospital treatment of the person concerned not carried out in his@her interest( and which cause death to or seriously endanger the health of such person or persons l. Oilling wounding or capturing an adversary by resort to perfidy m. Ieclaring that no 3uarter will be given n. Iestroying or seizing the enemy;s property unless such destruction or seizure is imperatively demanded by the necessities of war o. Pillaging a town or place( even when ta)en by assault p. /rdering the displacement of the civilian population for reasons related to the conflict( unless the security of the civilians involved or imperative military reasons so demand 3. 'ransferring( directly or indirectly( by occupying power of parts of its own civilian population into the territory it occupies( or the
257
S C M G
r.
s.
t.
u. of
deportation or transfer of all or parts of the population of the occupied territory within or outside this territory Committing outrages upon personal dignity( in particular( humiliating and degrading treatment Committing rape( se.ual slavery( enforced prostitution( forced pregnancy( enforced sterilization( or any other form of se.ual violence 5tilizing the presence of a civilian or other protected person to render certain points( areas or military forces immune from military operations Intentionally using starvation
weapons ii. sphy.iating( poisonous or other gases( and all analogous li3uids( materials or devices4
civilians as a method of warfare by depriving them of ob1ects indispensable to their survival( including willfully impending relief supplies v. In an international armed conflict( compelling the nationals of the hostile party to ta)e part in the operations of war directed against their own country( even if they were in the belligerent;s service before the commencement of the war w. In an international armed conflict( declaring abolished( suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party .. Committing any of the following acts8 i. Conscripting( enlisting or recruiting children under the age of 1# years into the national armed forces ii. Conscripting( enlisting( or recruiting children under the age of 1, years into an armed force or group other than the national armed forces4 and iii. 5sing children under the age of 1, years to participate actively in hostilities y. %mploying means of warfare which are prohibited under international law( such as8 i. Poison or poisoned
iii.
<ullets which e.pand or flatten easily in the human body( such as bullets with hard envelopes which do not entirely cover the core or are pierced with incisions iv. ?eapons( pro1ectiles and material and methods of warfare which are of the nature to cause superfluous in1ury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict 9R.'. 9801> Q: What a( i#cl$% % i# th t (2 Foth ( c(i2 s a4ai#st h$2a#it3G asi% "(o2 wa( c(i2 s a#% 4 #oci% $#% ( R.A. @A:0? A: 6/ther crimes against humanity7 includes any of the following acts when committed as part of a widespread or systematic attac) directed against any civilian population( with )nowledge of the attac)8 1. 2. M#llful F#ll#!. -<ter1#!$t#o!
3.
!.
#. $.
infliction of conditions of life( #!ter $l#$, the deprivation of access to food and medicine( calculated to bring about the destruction of a part of a population. -!"l$ve1e!t - the e.ercise of any or all of the powers attaching to the right of ownership over a person and includes the e.ercise of such power in the course of traffic)ing in persons( in particular women and children. 'rb#tr$r9 &eport$t#o! or forc#ble tr$!"fer of popul$t#o! forced displacement of the persons concerned by e.pulsion or other coercive acts from the area in which they are lawfully present( without grounds permitted under domestic or international law *1pr#"o!1e!t or other severe deprivation of physical liberty in violation of fundamental rules of international law ?orture - the intentional infliction of severe pain or suffering( whether physical( mental( or psychological( upon a person in the custody or under the control of the accused4 e.cept that torture shall not include pain or suffering arising only from( inherent in or incidental to( lawful sanctions.
the
intentional
&.
R$pe, "e<u$l "l$ver9, e!force& pro"t#tut#o!, force& pre.!$!c9, e!force& "ter#l# $t#o! or $!9 ot6er for1 of "e<u$l v#ole!ce of co1p$r$ble .r$v#t9
Not : *orced pregnancy means the unlawful confinement of a woman to be forcibly made pregnant( with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
A: 1. 2. *!ter!$t#o!$l 'r1e& Co!fl#ct - between 2 or more States including belligerent occupation No!*!ter!$t#o!$l 'r1e& Co!fl#ct - between governmental authorities and organized armed groups or between such groups within a State. M$r of N$t#o!$l L#ber$t#o! 0 an armed struggle waged by a people through its liberation movement against the established government to reach self0 determination. (Ro! #tt#, C$""e"e, 19+0)
3.
,.
Per"ecut#o! against any identifiable group or collectivity on political( racial( national( ethnic( cultural( religious( gender( se.ual orientation other grounds that are universally recognized as impermissible under international law
Not : Persecution means the intentional and severe deprivation of fundamental rights contrary to international law by reason of identity of the group or collectively
0.a. I#t (#atio#al A(2 % Co#"licts Q: Di"" ( #tiat ' tw # a# a(2 % co#"lict co#t 2!lat % $#% ( th IHL a#% $#% ( R.A. @A:0? A: 1. 6 ll cases of declared war or any other armed conflict which may arise between two or more of the Fighest contracting parties( even if the State of war is not recognized by one of them7 9'rt#cle 2, Ge!ev$ co!ve!t#o! of 1949>. It also applies to armed conflict between the government and a rebel or insurgent movement 9'rt#cle 3, Ge!ev$ co!ve!t#o! of 1949>. 5nder C. . +,#1( it is any use of force or armed violence between States or a protracted armed violence between governmental authorities and organized groups or between such groups within a State prov#&e& that it gives rise or may give rise to a situation to which the Leneva Conventions of 12 ugust 1+!+ including their common rticle 3( apply
+.
-!force& or #!volu!t$r9 &#"$ppe$r$!ce of per"o!" - the arrest detention or abduction of persons by( or with the authorization( support( or ac3uiescence of( a State or a political organization followed by a refusal to ac)nowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons( with the intention of removing them from the protection of the law for a prolonged period of time 1D. 'p$rt6e#& - Inhumane acts committed in the conte.t of an institutionalized regime of systematic oppression and domination by one racial group@s and committed with the intention of maintaining that regime. 11. /ther inhumane acts of similar character intentionally causing great suffering( or serious in1ury to body or to mental or physical health. (R.'. 9801) 0. Cat 4o(i s Co#"licts o" A(2 %
2.
Q: What a( th i#sta#c s that a( #ot co6 ( % '3 a# a(2 % co#"lict? A: It does not include internal disturbances or tensions such as8 1. Ciots 2. Isolated and sporadic acts of violence 3. /ther acts of a similar nature Q: Wh # is a ! (so# co#si% ( % a hors de combat4
Q: What a( th &i#%sSt3! s o" co#"lict as co#t 2!lat % i# R.A. @A:0?

UNI)ERSIT*
O-AS
G
OF
SANTO T
A: It is any person who8
UNI)ERSIT*
O-AS
G
OF
SANTO T
1. 2. 3.
Is in the power of an adverse party Fas clearly e.pressed an intention to surrender Fas been rendered unconscious or otherwise incapacitated by wounds or sic)ness and therefore is incapable of defending himself 9R.'. 9801>
Q: What a(2istic ?
is
A: Suspension of hostilities within a certain area or in the entire region of the war( agreed upon by the belligerents( usually for the purpose of arranging the terms of the peace. Q: Disti#4$ish s$s! #sio# o" a(2s. A : a(2istic "(o2
Not : In these cases the person abstains from any hostile act and does not attempt to escape.
Q: Who a( FP(ot ct % ! (so#sG i# a# a(2 % co#"lict? A: 1. person wounded( sic) or shipwrec)ed( whether civilian or military 2. prisoner of war or any person deprived of liberty for reasons related to an armed conflict 3. civilian or any person not ta)ing a direct part or having ceased to ta)e part in the hostilities in the power of the adverse party !. person who( before the beginning of hostilities( was considered a stateless person or refugee under the relevant international instrument accepted by the parties to the conflict concerned or under the national legislation of the state of refuge or state of residence #. member of the medical personnel assigned e.clusively to medical purposes or to the administration of medical units or to the operation of an administration of medical transports4 or $. member of the religious personnel who is e.clusively engaged in the wor) of their ministry and attached to the armed forces of a party to the conflict( its medical units or medical transports or non0 denominational( non0combatant military personnel carrying out functions similar to religious personnel.
Not : In such situations Conventions and dditional Protocol I apply. the Leneva
AR-ISTICE Political
SUSPENSION OF AR-S As to the purpose Ailitary
As to form 5sually in writing Aay be oral a(2s? As to who may conclude /nly by the A: It is Aay a temporary cessation of be concluded commanders0in0chief hostilities by agreement of the local by the local of the belligerent commanders for such purposes as commanders governments the gathering of the wounded and the
burial of the dead.
Q: What is s$s! #sio# o"
Q: What is a c as ="i( ? A: 5nconditional stoppage of all hostilities usually ordered by an international body li)e the 5nited Gations Security Council. Q: What is a t($c ? A: conditional ceasefire for political purposes.
Q: What is a ca!it$latio#? A: Surrender of military forces( places or districts( in accordance with the rules of military honor.
0.'. I#t (#al o( #o#=i#t (#atio#al A(2 % Co#"lict Q: What law a!!li s to i#t (#al %ist$('a#c s a#% oth ( sit$atio#s o" i#t (#al 6iol #c ? A: 'hese are governed by the provisions of human rights law and such measures of domestic legislation as may be invo)ed. IF" does not apply to situations of violence not amounting in intensity to an armed conflict. Q: Wh # %o s IHL a!!l3 #o#= i#t (#atio#al a(2 % co#"licts? i# t (2s o"
A: Fumanitarian law is intended for the armed forces( whether regular or not( ta)ing part in the conflict( and protects every individual or category of individuals not or no longer actively involved in the hostilities. %.g.8 wounded or sic) fighters4 people deprived of their freedom as a result of the conflict4 civilian population4 medical and religious personnel. %ach Party to a conflict shall be bound to apply to the following provisions8 1. Persons ta)ing no active part in the hostilities( including armed forces who have laid down their arms and those placed 6or" &e co1b$t be treated humanely( without any adverse distinction founded on race( color( religion or faith( se.( birth or wealth( or any other similar criteria. 'o these end( the following acts are and shall remain prohibited at any time and any place whatsoever with respect to the abovementioned persons8
e.ercise of their right to self determination. A'rt#cle 1(4), Protocol *B 'hese are sometimes called insurgencies( rebellions or wars of independence. Q: What is its 'asis? A: Protocol dditional to the Leneva Conventions of 12 ugust 1+!+ and relating to the Protection of 2ictims of International rmed Conflicts 9Protocol I>( , Kune 1+&&. Q: What a( th cat 4o(i s o# th wa(s "o( #atio#al li' (atio#? A: Its categories are8 1. Colonial domination 2. lien occupation4 and 3. Cacist regimes when the :people;s oppressed by these regimes are fighting for self0 determination.
Not : 'he wars of national liberation are restrictive in the sense that they only fall under the following situations.
a.
2iolence to life and person( in particular murder of all )inds( mutilation( cruel treatment and torture b. 'a)ing of hostages c. /utrages against personal dignity( in particular humiliating and degrading treatment d. 'he passing of sentences and the carrying out of e.ecutions without previous 1udgment pronounced by a regularly constituted court( affording all the 1udicial guarantees which are recognized as indispensable by civilized peoples.
Q: What is th P(otocol?
"" ct o" th
sai%
A: rmed conflicts that fall under the categories will now be regarded as international armed conflicts and thus fall under the International Fumanitarian "aw.
1. Co( I#t (#atio#al O'li4atio#s o" Stat s i# IHL Q: What a( IHL? li' (atio#? A: 'hese are armed conflicts in which people are fighting against colonial domination and alien occupation and against racist regimes in the th ss #tial ($l s o"
2.
'he wounded and sic) shall be collected and cared for.
Not : n impartial humanitarian body( such as the international committee of Ced Cross( may offer its services to the parties to the conflict.
0.c. Wa( o" Natio#al Li' (atio# Q: What a( wa(s o" #atio#al
A: 1. 'he parties to a conflict must at all times distinguish between the civilian population and combatants Geither the civilian population as a whole nor individual civilians may be attac)ed ttac)s may be made against military ob1ectives sole
2.
3. !.
People who do not or can no longer ta)e part in the hostilities are entitled to respect for their lives and for their physical and mental integrity and must
be treated with humanity( without any unfavorable distinction whatever. #. It is forbidden to )ill or wound an adversary who surrenders or who can no longer ta)e part in the fighting Geither the parties to the conflict nor members of their armed forces have an unlimited right to choose methods and means of warfare It is forbidden to use weapons or methods of warfare that are li)ely to cause unnecessary losses and e.cessive suffering. 'he wounded and sic) must be collected and cared for by the party to the conflict which has them in its power. Aedical personnel and medical establishments( transports and e3uipment must be spared. 'he red cross or red crescent is the distinctive sign indicating that such persons and ob1ects must be respected Captured combatants and civilians who find themselves under the authority of the adverse party are entitled to respect for their lives( their dignity( their personal rights and their political( religious and other convictions and must be protected against all acts of violence or reprisals4 entitled to e.change of news with their families and receive aid and en1oy basic 1udicial guarantees. 3.
$.
!. #.
&.
$.
,.
from combatants and spare the former from military attac)s. (Pr#!c#ple of &#"t#!ct#o! bet%ee! c#v#l#$!" $!& co1b$t$!t") Persons 6or" &e co1b$t and those who do not ta)e part in hostilities shall be protected and treated humanely without any adverse distinction. It is prohibited to )ill or in1ure an enemy who surrenders or who is a hors de combat. 'he wounded and the sic) shall be protected and cared for by the party who is in custody of them. Parties who captured civilians and combatants shall respect their rights to life( dignity( and other personal rights.
+.
9.a. T( at2 #t o" Ci6ilia#s Q: What is th -a(t #s cla$s SP(i#ci!l o" h$2a#it3? A: In cases not covered by other international agreements( civilians and combatants remain under the protection and authority of the principles of international law derived from established custom( from the principles of humanity and from the dictates of public conscience.
1D.
9.'. P(iso# (s o" Wa( Q: What a( th (i4hts !(i6il 4 s o" !(iso# (s o" wa(? 2. a#%
9. P(i#ci!l s o" IHL Q: What a( o" th IHL? A: 1. Parties to armed conflict are prohibited from employing weapons or means of warfare that cause unnecessary damage or e.cessive suffering.(Pr#!c#ple of pro6#b#t#o! of u"e of %e$po!" of $ !$ture to c$u"e "uperfluou" #!Cur9 or th "$#%a2 #tal !(i#ci!l s
u!!ece""$r9 "uffer#!.) Parties to armed conflict shall distinguish between civilian populace
A: 1. 'hey must be treated humanely( shall not be sub1ected to physical or mental torture( shall be allowed to communicate with their families( and may receive food( clothing( educational and religious articles. 'hey may not be forced to reveal military data e.cept the name( ran)( serial number( army and regimental number and date of birth4 they may not be compelled to wor) for military services ll their personal belonging e.cept their arms and military papers remain their property.
2.
3.
!. #.
'hey must be interned in a healthful and hygienic place. fter the conclusion of peace( their speedy repatriation must be accomplished as soon as is practicable.
self0defense( or enter into such international obligations as would indirectly involve a war.
Not : State see)s neutralization where it is wea) and does not wish to ta)e active part in international politics. 'he power that guarantees its neutralization may be motivated either by balance of power considerations or by desire to ma)e the State a buffer between the territories of the great powers.
B. Law o" N $t(alit3 Q: What is # $t(alit3? A: It is non0participation( directly or indirectly( in a war contending belligerents. 'his between e.ists only during war time and is governed by the law of nations. %.amples of these states are Switzerland( Sweden( 'he 2atican City( Costa Cica. Q: What is ;N $t(alis2<? A: 'his refers policies of nations desiring to #o#=ali4#2 #t
Stat ?
A: 1. 2. bstain from ta)ing part in the hostilities and from giving assistance to either belligerent4 Prevent its territory and other resources from being used in the conduct of hostilities(R#.6t of terr#tor#$l *!te.r#t9)4
to
peacetime
foreign and Stat ? A: ?here its independence and integrity are guaranteed by an international convention on the condition that such State obligates itself to never ta)e up arms against any other State( e.cept for
remain detached from conflicting interests of other nations or power groups. Q: What is a # $t(alist !olic3? A: It is the policy of the state to remain neutral in future wars. Gon0alignment is the implementation of neutralism. Q: How is #o#=ali4#2 #t %i"" ( #t "(o2 # $t(alit3? A :
NEUTRALIT* Presupposes the e.istence of war or conflict voids involvement in a war NON=ALI,N-ENT %.ists during peace time
Ce1ects imperialism and colonialism by the world powers Pre0determined position %valuates the world political events based on case0to0case merits
Q: Wh # is a Stat # $t(ali5 %
co#si% ( % as a
3.
c3uiesce in certain restrictions and necessary to impose. 'o continue diplomatic relations with other neutral states and with the belligerents (R#.6t of &#plo1$t#c co11u!#c$t#o!").
!.
Q: What a( th o'li4atio#s o" ' lli4 ( #ts? A: 1. Cespect the status of the neutral State4 2. void any act that will directly or indirectly involve it in their conflict and to submit to any lawful measure it may ta)e to maintain or protect its neutrality. Q: What a( so2 ( st(ai#ts o# # $t(al Stat s? A: 'he following are some restraints8 1. <loc)ade 2. Contraband of war 3. *ree ships ma)e free goods Q: What is 'loc&a% ? a
A: It is a hostile operation by means of which vessels and aircraft of one belligerent prevent all other vessels( including those of neutral States( from entering or leaving the ports or coasts of the other belligerent( the purpose being to shut off
the place from international commerce and communications with other States. Q: What co#t(a'a#%? is
A: It refers to goods which( although neutral property( may be seized by a belligerent because they are useful for war and are bound for a hostile destination. 'hey may be $b"olute( such as guns or ammunition( which are useful for war under all circumstances4 co!&#t#o!$l( such as food and clothing( which have both civilian and military utility4 or under the free l#"t( such as medicines( which are e.empt from the law on contraband for humanitarian reasons. Q: What is th I#" ctio#? %oct(i# o"
A: <elligerent warships and aircraft have the right to visit and search neutral merchant vessels on the high seas to determine whether they are in any way connected with the hostilities.
A: Innocent goods shipped with contraband may also be seized. Q: What Ulti2at Co#s$2!tio #? is th %oct(i# o"
A: Loods intended for civilian use which may ultimately find their way to and be consumed by belligerent forces may be seized on the way. Q: What is th D sti#atio#? A: %oct(i# 'he o" Ulti2at of the
liability
contraband from being captured is determined ostensible but by their real destination. Q: What is th %oct(i# 2a& "( 4oo%sG?
not
by
their
o" FF(
shi!s
A: ship;s nationality determines the status of its cargo. 'hus( enemy goods on a neutral ship( e.cepting contraband( would not be sub1ect to capture on the high seas. Q: What is th S a(ch? co#c !t o" )isit a#%
UNI)ERSIT*
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Q: What is $## $t(al s (6ic ? A: It consists of acts( of a more hostile character than carriage of contraband or breach of bloc)ade( which are underta)en by merchant vessels of a neutral State in aid of any of the belligerents. Q: What is th Ri4ht o" A#4a(3? A: <y the right of angary( a belligerent may( upon payment of 1ust compensation( seize( use or destroy( in case of urgent necessity for purposes of offenses or defense( neutral property found in enemy territory( or on the high seas. Q: What a( th ( I$isit s ' "o( A#4a(3 2a3 ' ? (cis %? A: 1. 'hat the property is in the territory under the control or 1urisdiction of the belligerent4 'hat there is urgent necessity for the ta)ing4 and 'hat 1ust compensation is paid to the owner. Ri4ht o"
2. 3. Q: Wh # is # $t(alit3 t (2i#at %? A: ?hen the neutral State itself 1oins the war or upon the conclusion of peace.
&. LAW OF THE SEA Q: What is th ;ILS<? A: I#t (#atio#al Law o" th S a
body of treaty rules and customary
norms governing the uses of the sea( the e.ploitation of its resources( and the e.ercise of 1urisdiction over maritime regimes. Q: What is th U#it % Natio#s Co#6 #tio# o# th Law o" th S a ;UNCLOS<? A: It defines the rights and obligations of nations in their use of the world;s oceans( establishing rules for business( the environment and the management of marine natural resources.
UNI)ERSIT*
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Q: What is th mare liberum !(i#ci!l o( th F( S a o( F( %o2 o" th S a? A: It means international waters are free to all nations and belongs to none of them.
b.
0. /as li# s Q: What 'as li# ? is a
mar)s( and the waters enclosed thereby shall be considered as internal waters. ('rt#cle 1/ A4B, 2NCLO8) -<cee&" 24 !$ut#c$l 1#le"straight baseline of 2! nautical miles shall be drawn within the bay in such a manner as to enclose the ma.imum area of water that is possible with a line of that length. ('rt#cle 1/ A0B, 2NCLO8)
Not : 'his relates only to bays the coasts of which belong to a single State and does not apply to 6historic7 bays ('rt#cle 1/ (1), 2NCLO8)
A: It is a line from which the breadth of the territorial sea( the contiguous zone and the e.clusive economic zone is measured in order to determine the maritime boundary of the coastal State.
Q: What is a 'a3? A: It is a well0mar)ed indentation whose penetration is in such proportion to the width of its mouth as to contain land0loc)ed waters and constitute more than a mere curvature of the coast. ('rt#cle 1/ (2), 2NCLO8)
Not : 'he indentation shall not be regarded as a bay unless its area is as large as( or larger than( that of the semi0circle whose diameter is a line drawn across the mouth of that indentation. (*b#&)
1. A(chi! la4ic Stat s Q: What a(chi! la4o? is a#
Q: How is a 'as li# "o(2 % i# th "ollowi#4? A: 1. 7out6" of R#ver" - If a river flows directly into the sea( the baseline shall be a straight line across the mouth of the river between points on the low0 water line of its ban)s. ('rt#cle 9, 2NLO8) 2. :$9" - ?here the distance between the low0water mar)s of the
A: It means a group of islands( including parts of islands( interconnecting waters and other natural features which are so closely interrelated that such islands( waters and other natural features form an intrinsic geographical( economic and political entity( or which historically have been regarded as such ('rt#cle 46, 2NCLO8) natural entrance points8 a. ,oe" !ot e<cee& 24 !$ut#c$l 1#le" - closing line may be drawn between these two low0water
Q: What is A(chi! la4ic Stat ?
a#
A: state constituted wholly by one or more archipelagos and may include other islands. ('rt#cle 46, 2NCLO8) Q: What is th "" ct o" R.A. @:11 o( A# Act to A2 #% C (tai# P(o6isio#s o" R !$'lic Act No. 9MB7, As A2 #% % '3 R !$'lic Act :BB7, To D "i# th A(chi! la4ic /as li# o" th Phili!!i# s a#% Fo( Oth ( P$(!os s?
A. C. . +#22 9approved8 Aarch 1D( 2DD+> amends C. . 3D!$( which defines the baselines of the territorial sea of the Philippines. 'he Oalayaan Island Lroup as constituted under P.I. Go. 1#+$ and <a1o de Aasinloc( also )nown as Sacrborough Shoal is determined as 6Cegime of Islands7 under the Cepublic of the Philippines consistent with rticle 121 of the 5nited Convention on the "aw of the Sea which states8 1. 2. n island is a naturally formed area of land( surrounded by water( which is above water at high tide. %.cept as provided for in paragraph 3( the territorial sea( the contiguous zone( the e.clusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory. Coc)s which cannot sustain human habitation or economic life of their own shall have no e.clusive economic zone or continental shelf.
A: <y 1oining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ration of the water to the area of the land( including atolls( is between 1 to 1 and + to 1. ('rt#cle 4+, 2NCLO8) Q: What a( th so2 o" th 4$i% li# s i# %(awi#4 a(chi! la4ic 'as li# s? A : 1. 'he length of such baselines shall not e.ceed 1DD nautical miles( e.cept that up to 3 per cent of the total number of baselines enclosing any archipelago may e.ceed that length( up to a ma.imum length of 12# nautical miles. ('rt#cle 4+ A2B, 2NCLO8) 'he drawing of such baselines shall not depart to any appreciable e.tent from the general configuration of the archipelago. ('rt#cle 4+A3B, 2NCLO8) Such baselines shall not be drawn to and from low tide elevations ('rt#cle 4+A4B, 2NCLO8)
3.
2.
3.
Not : In a petition filed by Prof. Aerlin Aagallona( it states that C +#22 violates the 1+,& Constitution as it declares the Philippines as an 6archipelagic state7 under the 5GC"/S and uses the straight baselines method that effectively changed the shape of Philippine territory as defined in the 'reaty of Paris. In addition( it was also claimed that the law converts the country;s territorial waters into archipelagic waters under the 5GC"/S( thus violating the 1+,& Constitution( which stipulates that the waters connecting the country;s islands are internal waters. 'he effect of such is that the law allows foreign ships( including nuclear0powered ships or vessels carrying weapons0grade nuclear substances to pass through archipelagic waters in a continuous manner. 'his is because under the 5GC"/S( States can e.ercise the right of innocent passage and archipelagic sea lanes passage over archipelagic waters.
Not : 5nless lighthouses or similar installations which are permanently above sea level have been built on them or where a low0 tide elevation is situated wholly or partly at a distances not e.ceeding the breath of the territorial sea from the nearest island. (*b#&)
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1.a. St(ai4ht A(chi! la4ic /as li# s Q: How 2a3 a# a(chi! la4ic Stat st(ai4ht a(chi! la4ic /as li# s? %(aw
It shall not be applied in such a manner as to cut off from the high seas or the e.clusive economic zone the territorial sea of another State. ('rt#cle 4+A0B, 2NCLO8) If a part of the archipelagic water of an archipelagic State lies between two parts of an immediately ad1acent neighboring State( e.isting rights and all other legitimate interests which the latter State has traditionally e.ercised in such waters and all rights stipulated by agreement between those States shall continue and be respected. ('rt#cle 4+A6B, 2NCLO8)
Q: How is th '( a%th o" th t ((ito(ial s a, th co#ti4$o$s 5o# , th ?cl$si6 co#o2ic 5o# a#% th co#ti# #tal sh l" 2 as$( %?
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POLITICAL LAW TEA- : AD)ISER: ATT*. EDWIN RE* SANDO)AL R SU/+ECT HEAD: RACHEL -ARIE L. FELICESR ASST. SU/+ECT HEADS : WI)INO E. /RACERO II L H ADEUS CHRISTINE *. U*4 -E-/ERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL ). ATIENDA, -ARINETH EASTER AN D. A*OS,
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A: 'hey are measured from the archipelagic baselines drawn. ('rt#cle 48, 2NCLO8) Q: How %o s th so6 ( i4#t3 o" th a(chi! la4ic stat ?t #%s? A: It e.tends to the waters enclosed by the archipelagic baselines 9archipelagic waters( regardless of their depth or distance from the coast( to the air space over the archipelagic waters( as well as to their bed and subsoil and the resources contained therein. ('rt#cle 49A1B, 2NCLO8)
Not : 'he regime of archipelagic sea lanes passage shall not in other respects affect the status of the archipelagic waters( including the sea lanes( or the e.ercise by the archipelagic State of its sovereignty over such waters and their air space( bed and subsoil and the resources contained therein. ('rt#cle 49A4B, 2NCLO 8)
such cables upon being notified of their location and the intention to repair or replace them. ('rt#cle 01A2B, 2NCLO8) Q: Do s th (i4ht o" i##oc #t !assa4 ?ist i# a(chi! la4ic wat (s? A: Mes. s a rule( ships of all States en1oy the right of innocent passage through archipelagic waters. ('rt#cle 02A1V, 2NCLO8) Q: -a3 th (i4ht o" i##oc #t !assa4 s$s! #% % i# so2 a( as o" a(chi! la4ic wat (s? ' its
A: Mes. <ut such suspension must be8 1. ?ithout discrimination in form or in fact among foreign ships4 2. %ssential for the protection of its security4 and 3. Shall ta)e effect only after having been duly published. ('rt#cle 02A2B, 2NCLO8) its waters without ma)ing a windfall7 as well as the maintenance and replacement of
1.'. A(chi! la4ic Wat (s Q: What wat (s? a( a(chi! la4ic
A: 'hese are waters enclosed by the archipelagic baselines( regardless of their depth or distance from the coast. ('rt#cle 49A1B, 2NCLO8) Q: Do s so6 ( i4#t3 o" th a(chi! la4ic stat ?t #% to th a(chi! la4ic wat (s? A: Mes( but is sub1ect to the right of innocent passage which is the same nature as the right of innocent passage in the territorial sea. ('rt#cle 49A1B #! rel$t#o! to 'rt#cle 02A1B, 2NCLO8) Q: What a( th oth ( (i4hts '3 which th 3 a( s$'E ct to? A : 1. 2. Cights under e.isting agreement on the part of the third states should be respected4 ('rt#cle 01A1B, 2NCLO8) 'he traditional fishing rights and other legitimate activities of the immediately ad1acent neighboring States (*b#&) %.isting submarine cables laid by other States and 6passing though
3.
1.c. A(chi! la4ic S a La# s Passa4 Q: What is th (i4ht o" a(chi! la4ic s a la# s !assa4 ? A: It is the right of foreign ships and aircraft to have continuous( e.peditious and unobstructed passage in sea lanes and air routes through or over the archipelagic waters and the ad1acent territorial sea of the archipelagic state( 6in transit between one part of the high seas or an e.clusive economic zone.7 ll ships and aircraft are entitled to the right of archipelagic sea lanes passage. (7$.$llo!$, 2//0I 'rt#cle 03A1B #! rel$t#o! %#t6 'rt#cle 03A3B, 2NCLO8) Q: What a( i#cl$% % i# th a#% ai( (o$t s? s a la# s
A: It shall traverse the archipelagic waters and the ad1acent territorial sea and shall include all normal passage routes used as routes for international navigation or overflight through or over archipelagic waters and( within such routes( so far as ships are concerned( all navigational channels( provided that duplication of routes of similar convenience between the same entry and e.it points shall not be necessary.('rt#cle 03A4B, 2NCLO8)
Q: How a( s a la# s % si4#at % o( s$'stit$t % "o( th !$(!os o" a(chi! la4ic s a la# s !assa4 s? A: 'he archipelagic State shall refer proposals to the competent international organization 9International Aaritime /rganization>. 'he IA/ may adopt only such sea lanes as may be agreed with the archipelagic State( after which the archipelagic State may designate( prescribe or substitute them. (7$.$llo!$, 2//0I 'rt#cle 03A9B, 2NCLO8) Q: How will th a(chi! la4ic s a la# s !assa4 ' % si4#at % sho$l% th a(chi! la4ic Stat #ot % si4#at s a la# s? A: 'he right of archipelagic sea lanes passage may be e.ercised through the routes normally used for international navigation. ('rt#cle 03A12B, 2NCLO8) Q: A( wa(shi!s, i#cl$%i#4 s$'2a(i# s, #titl % to th (i4ht o" a(chi! la4ic s a la# s !assa4 ? A: Mes. ll ships are entitled to the right. Submarines are not re3uired to surface in the course of his passage unli)e the e.ercise of right of innocent passage in the territorial sea. (7$.$llo!$, 2//0I 'rt#cle 2/ #! rel$t#o! to 'rt#cle 03A3B, 2NCLO8)
delimitation of internal waters ('rt#cle 0/, #! rel$t#o! %#t6 9, 1/, 11, 2NCLO8) Q: Do s th coastal stat ha6 th so6 ( i4#t3 o6 ( its i#t (#al wat (s? A: Mes( as if internal waters were part of its land territory. (7$.$llo!$, 2//0I 'rt#cle 0/, 2NCLO8) Q: Is th ( a (i4ht o" i##oc #t !assa4 th(o$4h i#t (#al wat (s? A: ,R: Go( it applies only to territorial sea and the archipelagic waters (7$.$llo!$, 2//0I 'rt#cle8A2B, 2NCLO8) >PN: coastal state may e.tend its internal waters by applying the straight baseline method in such a way as to enclose as its internal waters areas which are previously part of the territorial sea. It also applies to straits used for international navigation converted into internal waters by applying the straight baselines method. 'hus( the right of innocent passage continues to e.ist in the 6e.tended7 internal waters. (7$.$llo!$, 2//0I 'rt#cle 8A2B, 2NCLO8)
B. T ((ito(ial S a
9. I#t (#al Wat (s Q: What wat (s? a( i#t (#al
the rchipelagic State may draw closing lines for the
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A: 'hese are waters of la)es( rivers and bays landward of the baseline of the territorial sea. ?aters on the landward side of the baseline of the territorial sea also form part of the internal waters of the coastal state. Fowever( in the case of archipelagic states( waters landward of the baseline other than those of rivers( bays( and la)es( are archipelagic waters. (7$.$llo!$, 2//0I 'rt#cle 8 A1B, 2NCLO8) Q: How is th % li2itatio# o" i#t (#al ACADE-ICS CHAIR: "%S'%C K M " G %. *"/C%S II wat (s? )ICE CHAIRS FOR ACADE-ICS: O C%G K/M ,. S <5L/ P K/FG F%GCM C. the A%GI/Q archipelagic A: ?ithin waters(
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FOR A*=OUT AND D ESI,N : % C" 8"K /5I% A. A S"C )ICE CHAIRS HAIR FOR AL D-INISTRATION AND FINANCE % G%""% C. %% M 'F%%G C. A C'IG%Q
Q: What is th '( a%th o" th t ((ito(ial s a? A: %very State has the right to establish the breadth of the territorial sea up to a limit not e.ceeding 12 nautical miles( measured from baselines. ('rt#cle 3, 2NCLO8) Q: What is th o$t ( li2it o" th t ((ito(ial s a? A: It is the line every point of which is at a distance from the nearest point of the baseline
e3ual to the breadth of the territorial sea. ('rt#cle 4, 2NCLO8) Q: Disti#4$ish '(i "l3 '$t cl a(l3 ' tw # th t ((ito(ial s a a#% th i#t (#al wat (s o" th Phili!!i# s. A: ?err#tor#$l %$ter is defined by historic right or treaty limits while internal water is defined by the
AD)ISER: ATT*. EDWIN RE* SANDO)AL R SU/+ECT HEAD: RACHEL -ARIE L. FELICESR ASST. SU/+ECT HEADS : WI)INO E. /RACERO II L H C *. U 4 P H. A R ). A E A D. A , :L ,L ,-
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archipelago doctrine. 'he territorial waters( as defined in the Convention on the "aw of the Sea( has a uniform breadth of 12 miles measured from the lower water mar) of the coast4 while the outermost points of our archipelago which are connected with baselines and all waters comprised therein are regarded as #!ter!$l %$ter". ;1MMB /a( Q$ stio#< Q: ,i6 th i2!o(ta#c o" th %isti#ctio# ' tw # i#t (#al wat (s a#% t ((ito(ial s a. A: In the territorial sea( a foreign State can claim for its ships the right of #!!oce!t p$""$.e( whereas in the internal waters of a State no such right e.ists. (8$lo!.$ E N$p, 1992) Q: What a( th 2 tho%s $s % i# % "i#i#4 t ((ito(ial s a? A : 1. Nor1$l b$"el#!e 1et6o& the territorial sea is simply drawn from the low0water mar) of the coast( to the breadth claimed( following its sinuousness and curvatures but e.cluding the internal waters in the bays and gulfs. ('rt#cle 0, 2NCLO8) 8tr$#.6t b$"el#!e 1et6o& - where the coastline is deeply indented and cut into( or if there is a fringe of islands along the coast in its immediate vicinity( the method of straight baselines 1oining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measure. ('rt#cle. +, 2NCLO8)
Not : 'he Philippines uses this method in drawing baselines
Q: Wh # is th (i4ht o" i##oc #t !assa4 co#si% ( % !( E$%icial?
2.
Q: E?!lai# th !assa4 .
(i4ht o" i##oc #t
A: It means navigation through the territorial sea of a State for the purpose of traversing the sea without entering internal waters( or of proceeding to internal waters( or ma)ing for the high seas from internal waters( as long as it is not pre1udicial to the peace( good order or security of the coastal State. ('rt#cle" 18 A1B A2B, 19A1B, 2NCLO8)
resources of the sea A: If the foreign ship engages in the following activities8 1. ny threat or use of force against the sovereignty( territorial integrity or political independence of the coastal State( or in any other manner in violation of the principles of international law embodied in the Charter of the 5nited Gations 2. ny e.ercise or practice with weapons of any )ind 3. ny act aimed at collecting information to the pre1udice of the defense or security of the coastal State !. ny act aimed at collecting information to the pre1udice of the defense or security of the coastal State #. ny act of propaganda aimed at affecting the defense or security of the coastal State $. 'he launching( landing or ta)ing on board of any aircraft &. 'he launching( landing or ta)ing on board of any military device ,. 'he loading or unloading of any commodity( currency or person contrary to the customs( fiscal( immigration or sanitary laws and regulations of the coastal State +. ny act of willful and serious pollution contrary the Convention 1D. ny fishering activities 11. 'he carrying out of research or survey activities 12. ny act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State 13. ny other activity not having a direct bearing on passage. ('rt#cle 19 A2B, 2NCLO8) Q: What a( th laws a#% ( 4$latio#s o" th coastal Stat ( lati#4 to i##oc #t !assa4 that it 2a3 a%o!t? A: It may adopt laws and regulations in respect of all or any of the following8 1. Safety of navigation and the regulation of maritime traffic 2. Protection of navigational aids and facilities and other facilities or installations 3. Protection of cables and pipelines !. Conservation of the living
#. $.
&. ,. the
Prevention of infringement of the fisheries laws and regulations of the coastal State Preservation of the environment of the coastal State and the prevention( reduction and control of pollution thereof Aarine Scientific research and hydrographic surveys Prevention of infringement of customs( fiscal( immigration or sanitary laws and regulations of the coastal State. ('rt#cle 21A1B, 2NCLO8)
Not : it shall not however( apply to the design( construction( manning or e3uipment of foreign ships unless they are giving effect to generally accepted international rules or standards. ('rt#cle 21A2B, 2NCLO8)
damage to the coastal State resulting from non0compliance with the laws and regulations of the coastal State concerning passage. ('rt#cle 31, 2NCLO8)
Q: What a( th ($l s "o( th "ollowi#4 6 hicl s wh # t(a6 (si#4 th t ((ito(ial s a th(o$4h th (i4ht o" i##oc #t !assa4 ? A : 1. 8ub1$r#!e" $!& ot6er u!&er%$ter ve6#cle" 'hey are re3uired to navigate on the surface and to show their flag. ('rt#cle 2/, 2NCLO8) 4ore#.! !ucle$rpo%ere& "6#p" $!& "6#p" c$rr9#!. !ucle$r or ot6er #!6ere!tl9 &$!.erou" or !o<#ou" "ub"t$!ce" - 'hey must carry documents and observe special precautionary measures established for such ships by international agreements. 'hey may be re3uired to confine their passage on sea lanes prescribed by the coastal State. ('rt#cle 23, 2NCLO8) M$r"6#p" V a. Coastal State may re3uire that it leave the territorial sea immediately when it does not comply with the laws and regulations of the coastal State and disregards compliance ('rt#cle 3/, 2NCLO8) b. *lag State shall bear international responsibility for any loss or
2.
3.
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Not : This will not affect the immunities of warships and other government ships operated for non0 commercial purpose. ('rt#cle 32, 2NCLO8)
Q: What is a wa(shi!? A: It is a ship belonging to the armed forces of a State bearing the e.ternal mar)s distinguishing such ships of its nationality( under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its e3uivalent( and manned by a crew which is under regular armed forces discipline. ('rt#cle 29, 2NCLO8) Q: What a( th %$ti s o" th coastal Stat with ( 4a(% to i##oc #t !assa4 o" "o( i4# shi!s? A: 'he Coastal State shall8 1. Got hamper the innocent passage of the foreign ships through its territorial sea4 2. Got impose re3uirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage4 3. Got discriminate in form or in fact against the ships of any State or against ships carrying cargoes to( from or on behalf of any State4 and !. Live appropriate publicity to any danger to navigation( of which it has )nowledge( within its territorial sea. ('rt#cle 24, 2NCLO8) Q: What a( th coastal Stat ? (i4hts o" !(ot ctio# o" th
A: Coastal State may8 1. 'a)e the necessary steps in its territorial sea to prevent passage which is not innocent4 ('rt#cle 24A1B, 2NCLO8) 2. 'a)e the necessary steps to prevent any breach of the conditions to which admission of ships to internal waters or such a call is sub1ect4 ('rt#cle 24A2B, 2NCLO8) 3. ?ithout discrimination in form or in fact among foreign ships( suspend temporarily in specified areas of its
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territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security( including weapon e.ercises. ('rt#cle 24A3B, 2NCLO8) Q: -a3 cha(4 s ' l 6i % $!o# "o( i4# shi!s? A: Go charge may be levied upon foreign ships by reason only of their passage through the territorial sea. ('rt#cle 26A1B, 2NCLO8)
Not : Charges may be levied only as payment for specific services rendered to the ship which shall be levied without discrimination. ('rt#cle
1.
2.
It should not stop or divert a foreign ship passing through the territorial sea for the purpose of e.ercising civil 1urisdiction in relation to a person on board the ship ('rt#cle 28A1B, 2NCLO8) It may not levy e.ecution against or arrest the ship for the purpose of any civil proceedings( save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State. ('rt#cle 28A2B, 2NCLO8)
Not : It is without pre1udice to the right of the Coastal State( in accordance with its laws( to levy e.ecution against or to arrest( for the purpose of any civil proceedings( a foreign ship lying in the territorial sea( or passing through the territorial sea after leaving internal waters. ('rt#cle 28A3B,
26A2B, 2NCLO8) Q: -a3 c(i2i#al E$(is%ictio# ' '3 th coastal Stat ? A : ,R: Criminal 1urisdiction of the coastal State should not be e.ercised on board a foreign ship person or to conduct any investigation in connection with any crime committed on board the ship during its passage. ? (cis %
2NCLO8) Q: What is th co#ti4$o$s 5o# ? A: 'he contiguous zone is the zone ad1acent to the territorial sea( which the coastal State may e.ercise such as is necessary to 91> control of its customs( fiscal( prevent infringement immigration( or sanitary laws within its territory or its territorial sea infringement. 'he or 92> to punish such contiguous zone may not
>PNs: 1. Conse3uence of the crime e.tend to the coastal State4 2. Crime is of a )ind to disturb the peace of the country or the good order of the territorial sea 3. ssistance of local authorities has been re3uested by the master of the ship or !. of the flag State4 or Aeasures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances ('rt#cle 2+A1B, 2NCLO8)
foreign ship passing through the territorial sea after
Not : Such does not affect the right of the coastal
e.tend more than 2! nautical miles beyond the baseline from which the breadth of the territorial sea is measured 9twelve nautical miles from the territorial sea A'rt#cle 33, 2NCLO8>. Q: What is t(a#sit !assa4 ?
leaving internal waters. ('rt#cle 2+A2B,
A: It is the right to e.ercise freedom of navigation and overflight solely for the purpose of continuous and e.peditious transit through the straits used for international navigation( i.e.( between two areas of the high seas or between two e.clusive economic zones. ll ships and aircraft en1oy the right of transit passage. 'he re3uirement continuous and e.peditious of transit does not preclude passage through the strait for the purpose of entering( leaving or returning from State bordering the strait( a sub1ect to the conditions of entry to that State. (7$.$lo!$, 2//0I 'rt#cle 38A2B, 2NCLO8)
2NCLO8)
Q: -a3 ci6il E$(is%ictio# ' ? (cis % '3 th Coastal Stat ? A: Mes it may. Sub1ect to the following e.ceptions8
Q: Wh # %o s Ri4ht o" t(a#sit !assa4 #ot a!!lica'l ? A: If there e.ists seaward of the island a route through the high seas or through an e.clusive economic zone of similar convenience with respect to navigational and hydroghraphical characteristics. ('rt#cle 38A1B, 2NCLO8) Q: Disti#4$ish th t(a#sit !assa4 . A :
I##oc #t Passa4 Pertains only to navigation of Ce3uires submarine and other underwater vehicles to navigate on the surface and to show their flag Can be suspended In designation of sea lanes and traffic separation schemes( the coastal State shall only ta)e account of the recommendations of the competent international organization T(a#sit Passa4 Includes right of overflight Go re3uirement specially applicable to submarines Cannot be suspended Iesignation of sea lanes and traffic separation schemes is sub1ect to adoption by competent international organization upon proposal and agreement of States bordering the straits.
:. E?cl$si6 Eco#o2ic Do# Q: What is th ?cl$si6 co#o2ic 5o# ? A: It gives the coastal State sovereign rights over all economic resources of the sea( sea0 bed and subsoil in an area e.tending not more than 2DD nautical miles beyond the baseline from which the territorial sea is measured. (7$.$llo!$, 2//0I 'rt#cle" 00 E 0+, 2NCLO8)) Q: What a( th (i4hts o" th coastal stat i# th E?cl$si6 Eco#o2ic Do# ? A : 1. 8overe#.! r#.6t"8 a. *or the purpose of e.ploring and e.ploiting( conserving and managing the living and non0living resources in the super ad1acent waters of the sea0bed and the resources of the sea0 bed and subsoil4 b. ?ith respect to the other activities for the economic e.ploitation and e.ploration of the %%Q( such as production of energy from water( currents and winds4 =ur#"&#ct#o!$l r#.6tJ a. ?ith respect to establishment and use of artificial islands4 b. s to protection and preservation of the marine environment4 and c. /ver marine scientific research /ther rights and duties provided for in the "aw of the Sea Convention.
(i4ht o" i##oc #t "(o2
2.
Not : 'he coastal State may( without discrimination in form or in fact among foreign ships( suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security( including weapons e.ercises. Such suspension shall ta)e effect only after having been duly published 9P$rt ** ?err#tor#$l 8e$ $!& Co!t#.uou" Ho!e, 'rt. 20(3) 2NCLO8>
3.
Q: What a( th two !(i2a(3 o'li4atio#s o" coastal stat s o6 ( th ?cl$si6 co#o2ic 5o# ? A : 1. Proper conservation and management measures that the living resources of the %%Q are not sub1ected to overe.ploitation4 Promote the ob1ective of 6optimum utilization7 of the living resources. (7$.$llo!$, 2//0, ('rt#cle
Q: What is th %oct(i# ?
Thalw 4
A: It provides that for boundary rivers( in the absence of an agreement between the riparian States( the boundary line is laid in the middle of the main navigable channel.
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61A2B, 62A1B 2NCLO8) Q: -a3 th coastal Stat i#s! ct a#% a(( st a shi!Hs c( w i# its EED? A: Mes. 'he coastal State may board( and inspect a ship( arrest a ship and its crew and institute
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1udicial proceedings against them. rrested vessels and their crews may be re3uired to post reasonable bond or any other form of security. Fowever( they must be promptly released upon posting of bond. In the absence of agreement to the contrary by the States concerned( the 5nited Gations Convention on the "aws /f Sea 95GC"/S> does not allow imprisonment or any other form of corporal punishment. Fowever( in cases of arrest and detention of foreign vessels( it shall promptly notify the flag state of the action ta)en. Q: What a( Stat s? la#%=loc& %
giving access to other States to the living resources of its e.clusive economic zone( has ta)en into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone. ('rt#cle +/A1B, 2NCLO8)
Not : 'his is without pre1udice to arrangements agreed upon in subregions or regions where the coastal State may grant to land0loc)ed States of the same subregion or region e3ual or preferential rights for the e.ploitation of the living resources in the %%Q. ('rt#cle +/A4B, 2NCLO8) 'his however shall not apply in case of a coastal State whose economy is overwhelmingly dependent on the e.ploitation of the living resources of its %%Q. ('rt#cle +1, 2NCLO8)
A: 'hese are states which do not border the seas and do not have %%Q. (7$.$llo!$, 2//0) Q: What a( %isa%6a#ta4 % stat s? 4 o4(a!hicall3
A: 'hese are8 1. Coastal states which can claim no %%Q of their own4 and 2. Coastal states( including states bordering closed or semi0closed states( whose geographical situations ma)e them dependent on the e.ploitation of the living resources of the %%Q of other coastal states in the region. (7$.$llo!$, 2//0, 'rt#cle +/A2B, 2NCLO8) Q: What a( th (i4hts o" la#%=loc& % stat s a#% 4 o4(a!hicall3 %isa%6a#ta4 % stat s? A: 1. "and0loc)ed States shall have the right to participate( on an e3uitable basis( the e.ploitation of an appropriate part of the surplus of the living resources of the e.clusive economic zones of coastal States of the same subregion or region( ta)ing into account the relevant economic and geographical circumstances of all States concerned. ('rt#cle 69A1B, 2NCLO8) Ieveloped land0loc)ed States shall be entitled to participate
7. Co#ti# #tal Sh l" Q: What a( th two cat 4o(i s o" co#ti# #tal sh l"? A: 'he two categories are8 1. Continental shelf a. Leological continental shelf b. Kuridical@"egal Continental Shelf 2. %.tended Continental Shelf
2.
in the e.ploitation of living resources only in the e.lusive economic zones of developed coastal States of the same subregion or region having regard to the e.tent to which the coastal State( in
Q: What is th 4 olo4ical co#ti# #tal sh l"? A: It comprises the entire prolongation of the coastal state;s land mass and e.tends up to the outer edge of the continental margin. It starts from the baseline from which the territorial sea is measured and has its outer limit at the outer edge of the continental margin which may e.tend beyond the 2DD nautical miles from the baseline( or may fall short of that distance. (7$.$llo!$,2//0) Q: What is ;+$(i%icalSL 4al Co#ti# #tal Sh l"<? th co#ti# #tal sh l"
A: Mes( wherever the margin does not e.tend beyond the 2DD nautical miles from the baseline. (7$.$llo!$, 2//0, 'rt#cle +6A1B, 2NCLO8) Q: -a3 th Co#ti# #tal -a(4i# ' 3o#% th 1MM #a$tical 2il ? ?t #%
A: It comprises the sea0bed and subsoil of the submarine areas that e.tend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of 2DD nautical miles beyond the baselines from which the breadth of the territorial sea is measured if the edge of the continental margin does not e.tend up to that distance. ('rt#cle +6A1B, 2NCLO8)
Not : rights of the Coastal State over 'he the continental shelf do not depend on occupation( effective or notional( or on any e.press proclamation. ('rt#cle ++A3B, 2NCLO8)
A: Mes( the coastal State shall establish the outer edge of the continental margin wherever the margin e.tends beyond the 2DD nautical miles from the baselines. In establishing the Continental Aargin it shall either use8 1. line drawn by reference to points no more than $D nautical miles form the foot of the continental slope( or 2. line drawn by reference to points at which the thic)ness of sediments is less than one percent of the distance to the base of the continental slope. ('rt#cle +6A4B, 2NCLO8) Q: What is th ! (2issi'l '( a%th o" th co#ti# #tal sh l"? A: 5nder the said 5G Convention( it e.tends to a distance not e.tending 2DD nautical miles from the baselines. Fowever( if the coastal State succeeds in its application for an e.tended continental shelf( it may e.tend to not more than 3#D nautical miles. ('rt#cle +6A1BA0B, 2NCLO8)
Not : 5nder Presidential Proclamation Go. 3&D( the continental shelf has no such legal limit. It e.tends outside the area of the territorial sea 6to where the depth of the super1acent waters admits of the e.ploitation of such natural resources.7 In this case( e.ploitation of resources may go beyond the 2DD nautical miles.
Q: How a( $#i"i %?
th
two sh l6 s
A: 'he 5GC"/S unifies the two shelves into one by providing that the continental shelf e.tends to the breadth of either shelf( whichever is the farthest. (7$.$llo!$, 2//0I 'rt#cle +6A1BA4B, 2NCLO8) Q: What is th 2a(4i#? co#ti# #tal
7.a. E?t #% % Co#ti# #tal Sh l"
A: It is the submerged prolongation of the land mass of the coastal state( consisting of the continental shelf proper( the continental slope and the continental rise. It does not include the deep ocean floor with its ocean ridges or the subsoil. ('rt#cle +6A3B , 2NCLO8)
Q: -a3 th Co#ti# #tal Sh l" ?t #% "a(th ( that th co#ti# #tal 2a(4i#?
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Q: What is th E?t #% % Co#ti# #tal Sh l"? A: It is that portion of the continental shelf that lies beyond the 2DD nautical miles limit in the 1uridical@legal continental Shelf. (*b#&) Q: What is th Co22issio# o# th th Co#ti# #tal Sh l" ;CLSC<? Li2its o"
A: It is that facilitates the implementation of the 5GC"/S in respect of the establishment of the
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outer limits of the continental shelf beyond 2DD nautical miles 9A> from the baselines from which the breadth of the territorial sea is measured. Q: What is th Plat a$? / #ha2
from
its
continental
shelf.
('rt#cle 82A3B,
2NCLO8) 2. 'o lay submarine cables and pipelines on the continental shelf4 ('rt#cle +9A1B, 2NCLO8)
A: lso )nown as the <enham Cise( it is an area currently claimed( as part of its continental shelf( by the Cepublic of the Philippines. It has lodged its claim on the area with the 5nited Gations Commission on the "imits of the Continental Shelf on pril ,( 2DD+. (' P$rt#$l 8ub1#""#o! of ,$t$ $!& *!for1$t#o! o! t6e Outer L#1#t" of t6e Co!t#!e!t$l 86elf of t6e Republ#c of t6e P6#l#pp#!e" pur"u$!t to 'rt#cle +6(8) of t6e 2NCLO8) Q: What a( th so6 ( i4# (i4hts o" a coastal Stat o6 ( th co#ti# #tal sh l"? A: 'he sovereign rights include8 1. Cight to e.plore and e.ploit its natural resources4 ('rt#cle ++A1B, 2NCLO8)
Not : 'his right is e.clusive. Should the Coastal State not e.plore or e.ploit the natural resources( no one may underta)e these activities without the e.press consent of the coastal State. ('rt#cle ++A2B, 2NCLO8) Gatural resources includes mineral and other non0living resources of the seabed and subsoil together with living organisms belonging to sedentary species.
('rt#cle ++A4B, 2NCLO8)

%.ploitation of the non0living resources of the continental shelf beyond 2DD nautical miles would entail the Coastal State to ma)e payments or contributions in )ind which shall be made annually with respect to all production at site after the first five years of production and 1B of the value or volume of production at the site at the si.th year. It shall increase by 1B for each subse3uent year until the 12 year where it shall remain at &B. ('rt#cle 82A1B
th
A2B, 2NCLO8)
>PN: Ieveloping State which is a net importer of a mineral resource produced
Not : State may ma)e reasonable measures for the prevention( reduction and control of pollution from pipelines. 'he laying of cables is limited by the right of the coastal state to ta)e measures in e.ploring its continental shelf( e.ploiting the natural resources( and the protection of the marine environment from pollution. ('rt#cle +9,
A: It is a naturally formed area of land( surrounded by water( which is above water at high tide. Q: Is th co#ti# #tal sh l" o" a# isla#% ( co4#i5 %?
2NCLO8) 3. rtificial islands( installations and structures on the continental shelf4 ('rt#cle 8/, 2NCLO8)
Not : %.clusive right to construct( to authorize the construction( operation and use of artificial islands and installations. Kurisdiction is also e.clusive. ('rt#cle 8/, 2NCLO8)
!. Aarine scientific ('rt#cle 246A1B , 2NCLO8)
research
Not : Aay be conducted only with consent. <eyond the 2DD nautical mile( the costal State cannot withhold consent to allow research on the ground that the proposed research pro1ect has direct significance to e.ploration or e.ploitation of natural resources.
('rt#cle 246A2BA6B, 2NCLO8) #. Cight to authorize and regulate drilling on the continental shelf for all purposes ('rt#cle 81, 2NCLO8)
Not : 'his right is an e.clusive.
Q: What is th "" ct o" th (i4hts o" th coastal Stat o6 ( th co#ti# #tal sh l" o# th s$! (Eac #t wat (s a#% ai(s!ac ? A: It does not affect the legal status of the super1acent waters or of the air space above those waters and such e.ercise of right must not infringe or result in un1ustifiable interference with navigation and other rights and freedoms of other States. ('rt#cle +8A1BA2B, 2NCLO8) Q: What is a# isla#%?
A: Mes. Fowever( roc)s which cannot sustain human habitation or economic life shall have no continental shelf or %%Q. Q: What a( s as? hi4h o( o! #
A: 'he waters which do not constitute the internal waters( archipelagic waters( territorial sea and e.clusive of the economic zone of a state. 'hey are beyond the 1urisdiction and sovereign rights of states. ('rt#cle 86, 2NCLO8) It is treated as re" co11u!e" or re" !ull#u"( and thus( are not part of the territory of a particular State. ('rt#cle 89, 2NCLO8) Q: What a( th "( %o2s o" th hi4h
>PN: Fowever( the arrest or boarding of a vessel sailing in the high seas may be made by a State( other than the flag0 State of such vessel( in the following instances8 1. foreign merchant ship by the coastal State in its internal waters( the territorial sea and the contiguous zones for any violation of its laws. 2. foreign merchant ship for piracy. 3. ny ship engaged in the slave trade. !. ny ship engaged in unauthorized broadcasting. #. ship without nationality( or flying a false flag or refusing to show its flag. (8$lo!.$ E N$p, 1992) Q: What is co#6 #i #c ? "la4 o"
s as? A: 'hese are the freedom of8 1. Gavigation 2. /verflight 3. 'o lay submarine cables and pipelines !. 'o construct artificial islands and other installations permitted under international law #. *ishing $. Scientific research ('rt#cle 8+A1B #! rel$t#o! to 'rt#cle 9/, 2NCLO8)
Not : 'his are open to all States and shall be e.ercised with due regard for the interests of other States in their e.ercise of the freedom of the high seas. ('rt#cle 8+A2B, 2NCLO8)
A: It refers to foreign flag under which a merchant vessel is registered for purposes of reducing operating costs or avoiding government regulations. Q: A c(i2 was co22itt % i# a !(i6at 6 ss l ( 4ist ( % i# +a!a# '3 a Fili!i#o a4ai#st a# E#4lish2a# whil th 6 ss l is a#cho( % i# a !o(t o" Stat A. Wh ( ca# h ' t(i %? A: 5nder both the %nglish and *rench rules( the crime will be tried by the local State ( if serious enough as to compromise the peace of its port4 otherwise by the flag State( Kapan if it involves only the members of the crew and is of such a petty nature as not to disturb the peace of the local State.
Not : In the 4re!c6 rule( it recognizes the 1urisdiction of the flag country over crimes committed on board the vessel e.cept if the crime disturbs the peace( order and security of the host country. In -!.l#"6 rule( the host country has 1urisdiction over the crimes committed on board the vessel unless they involve the internal management of the vessel.
Q: What is "la4 Stat ? A: It refers to the State whose nationality the ship possesses4 for it is nationality which gives the right to fly a country;s flag. (8$lo!.$ E N$p, 1992) In the high seas( a state has e.clusive 1urisdiction over ships sailing under its flag. It is re3uired however( that there e.ists a genuine lin) between the State and the ship. ('rt#cle 91A1B, 92A2 , 2NCLO8) Q: What laws a!!l3 to 6 ss ls saili#4 i# th hi4h s as? A: ,R: 2essels sailing on the high seas are sub1ect only to international law and to the
Q: Wh # 2a3 a Stat o# o! # s as?
? (cis E$(is%ictio#
laws of the flag State.
A: 1. 2. 3. !. Slave trade Fot pursuit Cight of approach Piracy
Q: What is th %$t3 o" 6 (3 Stat t(a#s!o(tatio# o" sla6 s?
i# th
as pursuit of pirates. Q: What is UNCLOS? !i(ac3 $#% ( th
A: %very state shall ta)e effective measures to prevent and punish the transport of slaves in ships authorized to fly its flag and to prevent the unlawful use of the flag for that purpose. ny slave ta)ing refuge on board any ship( whatever its flag( shall ipso facto be free. ('rt#cle 99, 2NCLO8) Q: What is th !$(s$it? %oct(i# o" hot
A: It provides that the pursuit of a vessel maybe underta)en by the coastal State which has 6good reason to believe that the ship has violated the laws and regulations of that State7. Q: What is th !$(s$it? %oct(i# o" hot
A: It provides that the pursuit of a vessel maybe underta)en by the coastal State which has 6good reason to believe that the ship has violated the laws and regulations of that State7. Q: What a( th o" hot !$(s$it? A: Its elements following8 1. l 2 #ts o" th %oct(i#
are
the
2. 3.
'he pursuit must be commenced when the ship is within the internal waters( territorial sea or the contiguous zone of the pursuing State( and may only 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 to that effect.
Q: What is a((i6al $#% ( st( ss? A: It refers to involuntary entrance of a foreign vessel on another state;s territory which may be due to lac) of provisions( unseaworthiness of the vessel( inclement weather( or other case of force ma1eure( such
A: Piracy consists of any of the following acts8 1. Illegal acts of violence or detention( or any act of depredation( committed for private ends by the crew or the passengers of a private ship or a private aircraft and directed8 a. /n the high seas( against another ship or aircraft( or against persons or property on board such ship or aircraft b. gainst a ship( aircraft( persons or property in a place outside the 1urisdiction of any State 2. ct of voluntary participation in the operation of a ship or of an aircraft with )nowledge of facts ma)ing it a pirate ship or aircraft4 3. ct of inciting or of intentionally facilitating an act described above. ('rt#cle 1/1, 2NCLO8)
Not : If committed by a warship( government ship or governmental aircraft whose crew mutinied and ta)en control of the ship or aircraft( it is assimilated to acts committed by a private ship or aircraft. ('rt#cle 1/2,
country where the offender may be found or into which he may be carried. 'he 1urisdiction on piracy unli)e all other crimes has no territorial limits. s it is against all( all so may punish it. Gor does it matter that the crime was committed within the 1urisdictional 30mile limit of a foreign State for those limits( though neutral to war( are not neutral to crimes.
2NCLO8) Q: A Fili!i#o ow# % co#st($ctio# co2!a#3 with !(i#ci!al o""ic i# -a#ila l as % a# ai(c(a"t ( 4ist ( % i# E#4la#% to " ((3 co#st($ctio# wo(& (s to th -i%%l East. Whil o# a "li4ht to Sa$%i A(a'ia with Fili!i#o c( w !(o6i% % '3 th l ss , th ai(c(a"t was hi4hEac& % '3 %($4 t(a""ic& (s. Th hiEac& (s w ( ca!t$( % i# Da2as $s a#% s #t to th Phili!!i# s "o( t(ial. Do co$(ts o" -a#ila ha6 E$(is%ictio# o6 ( th cas ? A: Mes. Fi1ac)ing is actually piracy( defined in People v. Lollo (G.R. No. 1+908 4eb. 2+, 1922) as robbery or forcible depredation in the high seas without lawful authority and done $!#1o fur$!&# and in the spirit and intention of universal hostility. Piracy is a crime against all man)ind. ccordingly( it may be punished in the competent tribunal if any
8. T(i'$#al o" th Law o" th S a Q: What is th I#t (#atio#al T(i'$#al o" th Law o" th S a ;ITLoS<? A: It is an independent 1udicial body established by the 'hird 5nited Gations Convention on the "aw of the Seato ad1udicate disputes arising out of the interpretation and application of the Convention. It was established after mbassador rvido Pardo Aalta addressed the Leneral ssembly of the 5nited Gations and called for 6an effective international regime over the seabed and ocean floor beyond a clearly defined national 1urisdiction7. Its seat is in Famburg( Lermany. Q: What is th T(i'$#al? E$(is%ictio# o" th
A: 'he officers of the 'ribunal to be elected includes8 1. President
A: Its 1urisdiction comprises all disputes and all applications submitted to it and all matters specifically provided for in any other agreement which confers 1urisdiction to the 'ribunal. Q: What is th st($ct$( o" th ITOLS? A: It is made up of8 1. Kudges Chamber a. Aain 'ribunal4 b. Seabed Iisputes4 and c. Special chambers 2. Cegistry Q: What is th t(i'$#al? co2!ositio# o" th
A: It is composed of 21 independent members( elected from persons en1oying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea. ('rt#cle 2A1B, 2NCLO8) 'hey serve for nine years and may be re0 elected4 provided however( that of the members elected at the first election( the terms of seven members shall e.pire at the end of three years and the terms of seven more members shall e.pire at the end of si. years. ('rt#cle 0, 2NCLO8) Q: Who a( th o""ic (s o" th T(i'$#al? ACADE-ICS CHAIR: "%S'%C K M " G %. *"/C%S II
)ICE CHAIRS FOR ACADE-ICS: O C%G K/M ,. S <5L/ P K/FG F%GCM C. A%GI/Q FOR A*=OUT AND D ESI,N : % C" 8"K /5I% A. A S"C )ICE CHAIRS HAIR FOR AL D-INISTRATION AND FINANCE % G%""% C. %% M 'F%%G C. A C'IG%Q
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2. 3.
2ice0President Cegistrar ('rt#cle 12, 2NCLO8) ( 4a(%
Q: What a( th ($l s with to 2 2' (shi! o" th T(i'$#al? A: 1.
Go two members of the 'ribunal may be nationals of the same State. ('rt#cle 3A1B, 2NCLO8)
Not : /therwise( the person shall be deemed to be a national of the one in which he ordinarily e.ercises civil and political rights. (*b#&)
2.
3.
!. #.
$.
'here should be not fewer than three members from each geographical group to be established by the L . ('rt#cle 3A2B , 2NCLO8) Go member of the 'ribunal may e.ercise any political or administrative function( or associate actively with or be financially interested in any of the operations of any enterprise concerned with the e.ploration for or e.ploitation of the resources of the sea or the seabed or other commercial use of the sea or the seabed. ('rt#cle +A1B, 2NCLO8) Go member of the 'ribunal may act as agent( counsel or advocate in any case. ('rt#cle +A2B, 2NCLO8) Go member of the 'ribunal may participate in the decision of any case in which he has previously ta)en part as agent( counsel or advocate for one of the parties( or as a member of a national or international court or tribunal( or in any other capacity. ('rt#cle 8A1B, 2NCLO8) If for some special reason a member of the 'ribunal should not sit in a particular case8 a. Aember should inform the President of the 'ribunal4 ('rt#cle 8A2B, 2NCLO8) or b. President should give the member notice accordingly. ('rt#cle 8A3B, 2NCLO8)
Not : ny doubt shall be resolved by decision of the ma1ority of other members of the 'ribunal present. ('rt#cle +, 8, 2NCLO8)
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Q: How a( #o2i#atio#s l ctio#s co#%$ct %? A: 1.
a#%
A: Mes( an ad hoc chamber may be formed composed of three of its members ('rt#cle 36A1B, 2NCLO8) members. ('rt#cle 30A+B, 2NCLO8) Q: -a3 a# a% hoc cha2' ( ' th SDC? "o(2 % '3
%ach State may nominate not more than two persons. 2. Aembers are elected by secret <allot. 3. 'he persons elected to the 'ribunal shall be those nominees who obtain the largest number of votes and a two0 thirds ma1ority of the States Parties present and voting( provided that such ma1ority includes a ma1ority of the States Parties. ('rt#cle 4, 2NCLO8) Q: Do 2 2' (s #Eo3 a#3 !(i6il 4 s a#% i22$#iti s? A: Mes( they en1oy diplomatic privileges and immunities. ('rt#cle 1/, 2NCLO8) Q: What co#stit$t th T(i'$#al ? A : ,R: 'he 3uorum re3uired is 11 elected members. ('rt#cle 13A1B, 2NCLO8) >PN: 1. rticle 1! - Seabed Iisputes Chamber 9SIC > 2. rticle 1# - Special Chambers 9SpecC>
Not : Suestion shall be decided by ma1ority. In case of an e3uality of votes( the President or the member of the 'ribunal who acts in his place shall have a casting vote. ('rt#cle 29, 2NCLO8)
I$o($2
( I$i( %
to
Q: What is th co2!ositio# o" th SDC? A: It shall be composed of 11 members( selected by a ma1ority of the elected members of the 'ribunal from among them. ('rt#cle 30A1B, 2NCLO8) Q: What is th ( I$i( % I$o($2 "o( th SDC? A: 'he re3uired 3uorum is & of the
Q: What is th th SDC?
E$(is%ictio# o"
constituted in accordance with the Convention.
nne. 2III of
A: 'he categories of its 1urisdiction are the following8 1. Iisputes between State Parties concerning the interpretation or application. 2. Iisputes between a State Party and the uthority concerning8 a. cts or omissions of the uthority or of a State Party alleged to be violations of the convention4 b. cts of the uthority alleged to be in e.cess of 1urisdiction of a misuse of power 3. Iisputes between parties to a contract( being States Parties( the uthority or the %nterprise( state enterprises and natural or 1uridical persons concerning8 a. Interpretation or application of a relevant contract or a plan of wor)4 b. cts or omissions of a party to the contract relating to activities in the rea and directed to the other party or directly affecting its legitimate interest. !. Iisputes between the uthority and a prospective contractor who has been sponsored by a State #. Iisputes between the uthority and a State Party( a state enterprise or a natural or 1uridical person sponsored by a State Party $. ny other disputes for which the 1urisdiction of the Chamber is specifically provided for in the Convention. ('!!e< )*, 8ub"ect#o! 2, 2NCLO8) Q: What a( th oth ( 2 a#s sta'lish % '3 th Co#6 #tio# as alt (#ati6 2 a#s "o( th s ttl 2 #t o" %is!$t s? A: side established Kustice( an accordance Convention from the I'"/S( it also the International Court of arbitral tribunal constituted in with nne. 2II to the and a special arbitral tribunal
l. INTERNATIONAL EN)IRON-ENTAL LAW Q: What is I#t (#atio#al E#6i(o#2 #tal Law ;IEL< ? A: It is the branch of public international law comprising Hthose substantive( procedural and institutional rules which have as their primary ob1ective the protection of the environment(H the term environment being understood as encompassing Hboth the features and the products of the natural world and those of human civilization. 9P6#l#ppe 8$!&", Pr#!c#ple" of *!ter!$t#o!$l -!v#ro!1e!t$l L$%, 2//3>
A: Mes. 'he Court recognizes that the environment is daily under threat and that the use of nuclear weapons could constitute a catastrophe for the environment. 'he court also recognizes that the environment is not an
0. P(i#ci!l 10 o" th Stoc&hol2 D cla(atio# Q: What is D cla(atio#? th Stoc&hol2
A: 'he Stoc)holm Ieclaration( or the Ieclaration of the 5nited Gations Conference on the Fuman %nvironment( was adopted on Kune 1$( 1+&2 in Stoc)holm( Sweden. It contains 2$ principles and 1D+ recommendations regarding the preservation and enhancement of the right to a healthy environment. Q: What %o s Stoc&hol2 D cla(atio# !(o6i% ? P(i#ci!l 10 o" th
A: 'his declares that States have 1. 'he sovereign right to e.ploit their own resources pursuant to their own environmental policies( and 2. 'he responsibility to ensure that activities within their 1urisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national 1urisdiction. Q: Is P(i#ci!l 10 o" th Stoc&hol2 D cla(atio# a !a(t o" c$sto2a(3 law?
abstraction but represents the living space( the 3uality of life and the very human beings( including generations unborn. 'he e.istence of the general obligation of States to ensure that activities within their 1urisdiction and control respect the environment of other States or of areas beyond national control is now part of the corpus of international law relating to the environment. ('&v#"or9 Op#!#o! o! t6e Le.$l#t9 of t6e ?6re$t or 2"e of Nucle$r Me$po!", =ul9 8, 1996). 'he Court has also no difficulty in ac)nowledging that the concerns e.pressed by Fungaray for its natural environment in the region affected by the Labci)ovo0Gagyamaros Pro1ect related to an 6essential interes7 of the State( within the meaning given to that e.pression in rticle 33 of the Iraft of the International "aw Commission. (C$"e Co!cer!#!. t6e G$bc#Fovo N$.9$1$ro" ProCect, 8epte1ber 20, 199+) Q: What is th !(i#ci!l o" co22o# '$t %i"" ( #tiat % ( s!o#si'ilit3? A: 'his principle re3uires the protection of specified environmental resource or area as common responsibility but ta)es into account the differing circumstances of certain States in the discharge of such responsibilities. ('rt#cle 3A1B, 4r$1e%orF Co!ve!t#o! o! Cl#1$te C6$.e) Q: What is !( ca$tio#a(3 !(i#ci!l ? A: ?here there are threats of serious or irreversible damage( lac) of full scientific certainty shall not be used as a reason for postponing cost0 effective measures to prevent environmental degradation. (Pr#!c#ple 10, R#o ,ecl$r$t#o! o! -!v#ro!1e!t $!& ,evelop1e!t AR#o ,ecl$r$t#o!B) Q: What is Poll$t ( Pa3s P(i#ci!l ? A: It means that the party responsible for producing the pollutants must bear responsibility for shouldering the costs of the damage done to the environment. It is e.pressly stated in Principle 1$ of the Cio Ieclaration on %nvironment and Ievelopment8 6Gational authorities should endeavor to promote the internalization of environment costs and the use of economic instruments( ta)ing into account the approach
that the polluter should( in principle( bear the cost of pollution( with due regard to the public interest and without distorting international trade and investment.7 (Pr#!c#ple 16, R#o ,ecl$r$t#o!) Q: What a( th oth ( !(i#ci!l s o" IEL s t "o(th i# th Rio D cla(atio#? A : 1. States have the sovereign right to e.ploit their own resources pursuant to their own environmental policies( and the responsibility to ensure that activities within their 1urisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national 1urisdiction 9Pr#!c#ple 2> Cight to development must be fulfilled so as to e3uitably meet development needs of present and future generations 9Pr#!c#ple 3> In order to achieve sustainable development( environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it. 9Pr#!c#ple 4> s$stai#a'l
!.
Pr#!c#ple of #!te.r$t#o! - the need to ensure that environmental considerations are integrated into economic and other developmental plans( programs and pro1ects( and that development needs are ta)en into account in applying environmental ob1ectives. (7$.$llo!$, c#t#!. P6#l#ppe 8$!&", Pr#!c#ple of *!ter!$t#o!$l -!v#ro!1e!t$l L$%, 2//3)
Q: What ($l s ha6 ' # % 6 lo! % "o( th !(ot ctio# o" th #6i(o#2 #t i# a(2 % co#"lict? A : 1. %ach State Party underta)es not to engage in military or other hostile use of environmental modification techni3ues having widespread( long0 lasting or severe effects as the means of destruction( damage or in1ury to any other Party State 9'rt#cle 1 of t6e Co!ve!t#o! o! t6e Pro6#b#t#o! of 7#l#t$r9 or ot6er 5o"t#le 2"e of -!v#ro!1e!t$l 7o&#f#c$t#o! ?ec6!#3ue" or t6e -!v#ro!1e!t$l 7o&#f#c$t#o! Co!ve!t#o! A-N7O,B>
2.
3.
Q: What is % 6 lo!2 #t?
A: It is a development that meets the needs of the present without compromising the ability of future generations to meet their own needs. :ru!&tl$!& Report, 198+, ROur Co11o! 4utureD, Morl& Co11#""#o! o! -!v#ro!1e!t $!& ,evelop1e!t) Q: What a( th !(i#ci!l s that 2'o%3 S$stai#a'l D 6 lo!2 #t? A.: 1. Pr#!c#ple of #!ter.e!er$t#o!$l e3u#t9 - the need to preserve natural resources for the benefit of future generations. 2. Pr#!c#ple of "u"t$#!$ble u"e - the aim of e.ploiting natural resources in a manner which is Hsustainable(H or Hprudent(H or Hrational(H or Hwise(H or Happropriate.H 3. Pr#!c#ple of e3u#t$ble u"e or #!tr$.e!er$t#o!$l e3u#t9 - the
Not : %nvironmental Aodification 'echni3ues refers to any techni3ue for the changing through the deliberate manipulation of natural processes the dynamics( composition or structure of the earth including its biota lithosphere( hydrosphere and atmosphere or outer space. ('rt#cle **, -N7O,)
2.
Prohibition of the employment of methods or means of warfare which are intended( or may be e.pected( to cause widespread( long0term and severe damage to the natural environment. 9'rt#cle 30 (3) of Protocol * '&&#t#o!$l to t6e Ge!ev$ Co!ve!t#o! of 1949> e3uitable use of natural resources( which implies that use by one state must ta)e into account the needs of other states.
Q: What %o s !oll$tio# 2 a#? A: It means any introduction by man( directly or indirectly( of substance or energy into the environment resulting in deleterious effects of such nature as to endanger human health( harm living resources( ecosystem( and material property and impair amenities or interfere with other legitimate uses of the environment. (7$.$llo!$, c#t#!. *L' Report", )ol. 6/, 1982)
2. INTERNATIONAL COURT OF +USTICE ;IC+< Q: What is th IC+? Who a( th !a(ti s to th stat$t o" th IC+? A: 'he ICK is the 1udicial organ of the 5nited Gations . ll members of the 5nited Gations are #p"o f$cto parties to the Statute of the ICK. non0 member may become a party on conditions to be determined in each case by the Leneral ssembly upon the recommendation of the Security Council. Q: What is th co2!ositio# o" th IC+? A: 'he ICK is composed of 1# members who are elected by the absolute ma1ority vote in the Leneral ssembly and the Security Council. Q: What a( th ( I$i( 2 #ts "o( ' i#4 a E$%4 i# th IC+? A: 'he Kudges must be of high moral character and possess the 3ualifications re3uired in their respective countries for appointment to their highest 1udicial offices or are Cur#"co!"ult" of recognized competence in international law. Go two of them may be nationals of the same State. In the event that more than one national of the same State obtain the re3uired ma1ority( the eldest shall be considered elected. Q: What a( th !(i#ci!al "$#ctio#s o" th IC+? A: 1. 2. 'o render $&v#"or9 op#!#o!"4 and 'o decide co!te!t#ou" c$"e" which includes8 a. 'he interpretation of any treaty( any 3uestion of international law( b. 'he e.istence of any fact which if established would constitute a breach of international obligation4 and c. 'he nature and e.tent of reparation to be made for the breach of international obligation.
A: dvisory opinions may be given by the ICK upon re3uest of the Len ssembly or the Security Council( as well as other organs of the 5nited Gations( when authorized by the Leneral ssembly( on legal 3uestions arising within the scope of their activities. Q: -a3 th IC+ 4i6 a%6iso(3 o!i#io# ( 4a(%i#4 th wall s !a(ati#4 Is(a l a#% Pal sti# i# ES= 0MS0B ? A: 'he Court has 1urisdiction to give the advisory opinion re3uested by resolution %S0 1D@1! of the Leneral ssembly. ?hen seized of a re3uest for an advisory opinion( the Court must first consider whether it has 1urisdiction to give opinion re3uested and whether( should the answer be in the affirmative( there is any reason why it should decline to answer such 1urisdiction. 'he competence of the Court in this regard is based on rticle $#( par. 1( of its Statute( according to which the Court 6may give an advisory opinion on any legal 3uestion at the re3uest of whatever body may be authorized by or in accordance with the Charter of the 5nited Gations to ma)e such re3uest. It is a precondition of the Court;s competence that the advisory opinion be re3uested by an organ duly authorized to see) it under the Charter( that it be re3uested on a legal 3uestion( and that( e.cept in the case of the Leneral ssembly or the Security Council( that 3uestion should be one arising within the scope of the activities of the re3uesting organ.
Q: Wh # 2a3 a%6iso(3 o!i#io#s ' 4i6 # '3 th IC+?
It is for the Court to satisfy itself that the re3uest for an advisory opinion comes from an organ or agency having competence to ma)e it. In the present instance( the Court notes that the Leneral ssembly which see)s the advisory opinion is authorized to do so by rticle +$( par. 1( of the Charter( which provides8 6'he Leneral ssembly or the Security Council may re3uest the International Court of Kustice to give an advisory opinion on any legal 3uestion.7 Q: Is it ! (2issi'l "o( th IC+ to % ci% a cas witho$t th a!!licatio# o" th so$(c s o" law !(o6i% % i# A(ticl 9A;0< o" its Stat$t V
A: Mes( with agreement of the parties to the dispute and by the power of the ICK to decide the case e< $e3uo et bo!o. <y this power the ICK may decide the case without the benefit of applying conventional rules( customary norms or general principles of international law. Instead it would apply e3uitable considerations in the endeavor to achieve a balance of interests of the parties( on grounds of fairness and 1ustice. Q: Do s th !(i#ci!l o" stare decisis a!!l3 to th IC+ ? A: Go. 5nder rticle #+( previous decisions have no binding force e.cept between the parties and in respect to that particular case.
Q: What is th Co2!l 2 #ta(it3?
P(i#ci!l
o"
A: 'his principle would not replace national courts in criminal 1urisdiction. If the national court is able or willing to ta)e cognizance of crimes that are also cognizable by the ICC( the latter would not ta)e cognizance of the case. /nly when the national court creates an un1ustified delay or when its proceedings are meant to shield an individual from criminal liability may the ICC ta)e cognizance of the case. Q: Wh # 2a3 a Stat ? (cis E$(is%ictio# o6 ( ! (so#s, wh th ( 2ilita(3 o( ci6ilia#, s$s! ct % o( acc$s % o" a c(i2 ( 4a(%l ss o" wh ( th c(i2 is co22itt %? A: 'he State shall e.ercise 1urisdiction provided any one of the following conditions are met8 1. 2. 3. 'he accused is a *ilipino citizen 'he accused regardless of citizen or residence( is present in the Philippines4 or 'he accused has committed the said crime against a *ilipino citizen.
#. INTERNATIONAL CRI-INAL COURT ;ICC< Q: What is th ICC? A: 'he ICC is an independent 1udicial institution created by the treaty )nown as Come Statute the most serious crimes of international concern8 1. Lenocide
2. Crimes against humanity 3. Crimes of aggression( and !. ?ar crimes.
Investigation or prosecution may be dispensed with if another court or international tribunal is already conducting the investigation or underta)ing prosecution of such crime. the Instead( the suspected or accused person will be surrendered or e.tradited to the appropriate international court( if any( or to another State. Go criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined and penalized under C. . +,#1 if they have been tried by a competent outside the Philippines in court without regard to the individual;s official duties or functions. 'herefore( heads of State( legislators( and other high0ran)ing government officials are not e.empt from criminal responsibility.
P
A: 'he Come Statute gives the ICC 1urisdiction over the most serious crimes of international concern if they are committed after Kuly 1( 2DD2( either by8
1. 2.
<y a citizen of a State that accepts the statute or <y a person of any nationality on the territory of a State that accepts the statute.
A
C A D E I C S
'he court may hold accountable any person aged 1, older at the AND time of 8 K the crime ) ICE Cor HAIR FOR AD-INISTRATION FINANCE % G%""% C. "%%
C" "/5I% A.
S C M G
H A I
R:
"%S'%C K M " G %. *"/C%S II )ICE CHAIRS FOR ACADE-ICS: O F%GCM C. A%GI/Q
C%G
K/M ,. S
<5L/
P K/FG
respect to the same offense and ac3uitted( or having been convicted( already served their sentence Q: What a( 4o6 (#i#4 ICC ? A : 1. 2. ICC 1urisdiction is only limited to those crimes under its 1urisdiction 9R$t#o!$le 1$ter#$e> ICC has 1urisdiction only with crimes committed after the entry into force of th E$(is%ictio#al ($l s
283
UNI)ERSIT*
OF
SANTO TO-AS
3.
!.
its statute 9Kuly 1( 2DD2> 9=ur#"&#ct#o! r$t#o!$le te1por#"> ICC has 1urisdiction over crimes committed in the territory of the States Parties( without regard to the nationality of the offender 9'erritorial 1urisdiction 0 R$t#o!$le locu"> ICC has 1urisdiction over the nationals of a State party as to crimes within the ICC;s 1urisdiction 9Personal 1urisdiction - R$t#o!$le per"o!$e>
Q: Is t(ial i# a's #tia allow %? A: Go. Q: Disti#4$ish ICC "(o2 IC+. A:

I#t (#atio#al I#t (#atio#al C(i2i#al Co$(t Co$(t o" As to what created each Come Statute 5S Charter As to &urisdiction Ioes not Fas criminal 1urisdiction have to prosecute criminal 1urisdiction to individuals prosecute As to Individuals parties States As to independence 'he ICK is 'he ICC is independent the of the 5G principal 1udicial organ

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THE CONSTITUTION

)ANN* +O*CE ,I-OTEA./ALU*UT )ANN* +O*CE ,I-OTEA./ALU*UT

It is classified as written( 198+ Phili!!i# Co#stit$tio#

Fa cult ad d e Der e cho C

SANTO TO-AS Fa cult ad d e Der e cho C

A-END-ENT RE)ISION Q: Disti#4$ish a2 #%2 #t "(o2 ( 6isio#. A:

Q: How 2a3 th o( ( 6is %? A: 1.

Fa cult ad d e Der e cho C

Fa cult ad d e Der e cho C

Q: Is th i#itiati6 to cha#4 Co#stit$tio# a!!lica'l to ( 6isio#?

Not s: 'he following cannot of an initiative or referendum8 1.

days after their effectivity. (8ec. 1/ R' 6+30)

G8*8, G.R. 122106, 4eb. 3, 199+)

Q: What a( Natio#al T ((ito(3 ? A : 1. 2. 3.

'errestrial Iomain Aaritime Iomain erial Iomain

A(chi! la4ic Doct(i#

Q: What a( A(chi! la4ic Doct(i# ?

A: 'he following the rchipelagic Ioctrine8 1. 2. 3.

'erritorial Integrity Gational Security %conomic reasons

Q: Do s this %oct(i# "o( i4# 4o6 (#2 #t?

)ANN* +O*CE ,I-OTEA. /ALU*UT LL/ I PSU SCHOOL OF LAW

Q: What is th R st(icti6 Stat I22$#it3 "(o2 S$it?

,O)ERN-EN T A,ENCIE $. *!corpor$te& $.e!c#e"

b. 2!#!corpor$te& .over!1e!t $.e!c#e" c. =ure .e"t#o!#"

&. =ure #1per##

Fa cult ad d e Der e cho C ivi l

Q: What %o Co#stit$tio#al A$tho(ita(ia#is 2?

Sci #c a#% T ch#olo43

ACADE-ICS CHAIR: "%S'%C K M )ICE CHAIRS FOR ACADE-ICS: O F%GCM C. A%GI/Q

*"/C%S II S <5L/ P K/FG

Q: What is 2 a#t '3 th Ci6ilia# S$!( 2ac 3?

Fa cult ad d e Der e cho C

SEPARATION OF POWERS Q: What is S !a(atio# o" Pow (s? th Doct(i# o"

Fa cult ad d e Der e cho C

L 4islati6 Aa)ing of laws (Po%er of t6e pur"e)

+$%icia(3 Interpretation of laws (Po%er of Cu&#c#$l rev#e%)

Q: How %o s L 4islat$( oth ( two '(a#ch s? A:

DELE,ATION OF POWERS Q: Ca# a % l 4at % !ow ( ' ( =% l 4at %?

Q: How %o s th +$%icia(3 ch c& th oth ( two '(a#ch s? A :

Not : "%LIS" that will is given

Ielegation to Administrative bodies - also )nown as power of subordinate legislation.

Fa cult ad d e Der e cho C

FOR-S OF ,O)ERN-ENT Q: What is th th Phili!!i# s? "o(2 o" 4o6 (#2 #t o"

Fa cult ad d e Der e cho C

%isI$ali"icatio#s o" 2 2' (s o"

Fa cult ad d e Der e cho C

Fa cult ad d e Der e cho C

Ho$s o" R !( s #tati6 s ;HoR< Q: What is th co2!ositio# o" HoR?

representative under his new party or organization.

DISTRICT REPRESENTATI)ES AND QUESTIONS OF APPORTION-ENT Q: Who a( ( !( s #tati6 s? %ist(ict

( aso# "o( s$ch for of of as

Q: How sho$l% th 2a% ?

KNa((ow D "i#itio# "abor

Fa cult ad d e Der e cho C

Fa cult ad d e Der e cho C

to legislative districts D.,D

AND LE,ISLATI)E PRI)ILE,ES Q: What is "(o2 a(( st? i22$#it3

Q: Is th two !( sc(i' % i# S ctio# 00 ;'< co#stit$tio#al?

Fa cult ad d e Der e cho C

Fa cult ad d e Der e cho C

government off#c#o capacity.

other ordinary private entities( including GL/s.

)ANN* +OCE ,I-OTEA./ALUUT )ANN* +OCE ,I-OTEA./ALUUT

)ANN* +OCE ,I-OTEA. /ALUUT LL/ I PSU SCHOOL OF LAW