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DEFINITION, NATURE AND CONCEPTS ...................... 2 ELECTORAL TRIBUNALS AND THE COMMISSION ON
POLITICAL LAW ............................................................... 2 APPOINTMENTS....................................................... 14
CONSTITUTIONAL LAW ...................................................... 2 ELECTORAL TRIBUNALS ................................................... 14
CLASSIFICATION OF CONSTITUTIONS ..................................... 2 COMMISSION ON APPOINTMENTS ...................................... 15
BASIC PRINCIPLES OF CONSTITUTIONAL INTERPRETATION.......... 2
TYPES OF JUDICIAL REVIEW ................................................ 2 POWERS OF CONGRESS ........................................... 16
INHERENT POWERS ........................................................ 16
PARTS OF THE CONSTITUTION .................................. 2 LEGISLATIVE POWERS ..................................................... 16
NON-LEGISLATIVE POWERS (SCOPE) ................................... 16
AMENDMENTS AND REVISIONS ................................ 2 SPECIFIC POWERS .......................................................... 16
AMENDMENT .................................................................. 2 LEGISLATIVE ................................................................. 16
REVISION ....................................................................... 3 LIMITATIONS ON REVENUE, APPROPRIATIONS AND TARIFF
DIFFERENCE BETWEEN AMENDMENT AND REVISION ................. 3 MEASURES .................................................................... 17
LEGAL TESTS .................................................................. 3 NON-LEGISLATIVE .......................................................... 19
STEPS IN THE AMENDATORY POWERS ................................... 3
SUMMARY OF TWO STAGES OF AMENDATORY/REVISION PROCESS 3
TABLE OF CASES RE: CONSTITUTIONAL AMENDMENTS AND
Executive Department .............. 20
CHANGES IN GOVERNMENT ................................................ 4 THE PRESIDENT ....................................................... 20
QUALIFICATIONS ........................................................... 20
ELECTION .................................................................... 20
SELF-EXECUTING AND NON-SELF-EXECUTING
PROVISIONS ............................................................... 5 PRIVILEGES, INHIBITIONS AND
DISQUALIFICATIONS ................................................ 20
GENERAL PROVISIONS ............................................... 5 PRIVILEGES .................................................................. 20
VICE-PRESIDENT .......................................................21
PROHIBITION .................................................................21
General Considerations ...............6
NATIONAL TERRITORY .............................................. 6 POWERS ................................................................... 22
SCOPE ........................................................................... 6 EXECUTIVE AND ADMINISTRATIVE POWERS IN GENERAL .......... 22
TREATY LIMITS OF THE PHILIPPINE ARCHIPELAGO .................... 6 POWER OF APPOINTMENT ................................................ 22
POWER OF CONTROL AND SUPERVISION .............................. 25
DOCTRINE FOF SOVEREIGN IMMUNITY ..................... 6 MILITARY POWERS ......................................................... 25
STATE ........................................................................... 6 PARDONING POWER ...................................................... 27
BASES ........................................................................... 6 DIPLOMATIC POWER ...................................................... 28
CONCEPT ....................................................................... 6 POWERS RELATIVE TO APPROPRIATION MEASURES ................ 29
HOW STATES CONSENT IS GIVEN ......................................... 7 DELEGATED POWERS ...................................................... 30
SYNTHESIS OF RULES ON SUING GOVT AGENCIES ..................... 8 VETO POWER ................................................................ 30
EXECUTIVE PRIVILEGE ..................................................... 30
PRINCIPLES AND POLICIES ........................................ 8 RESIDUAL POWERS ........................................................ 30
JURISDICTION ..........................................................40
CIVIL SERVICE COMMISSION ..............................................40
Social Justice &
COMMISSION ON ELECTIONS .............................................40 Human Rights .......................... 47
COMMISSION ON AUDIT ...................................................40 CONCEPT OF SOCIAL JUSTICE .................................. 47
1987 CONSTITUTION ...................................................... 47
REVIEW OF FINAL ORDERS, RESOLUTIONS, AND
DECISIONS ...............................................................40 COMMISSION ON HUMAN RIGHTS ........................... 47
QUASI-JUDICIAL FUNCTIONS .............................................40
ADMINISTRATIVE ........................................................... 41
Immunity of
Powers and Duties of Public Public Officers ................... 106
Officers .............................. 100 DOCTRINE OF OFFICIAL IMMUNITY FROM LIABILITIES
CLASSIFICATION OF POWERS AND DUTIES ........... 100 FOR PUBLIC OFFICERS ........................................... 106
AS TO NATURE ............................................................ 100
AS TO OBLIGATION TO THE OFFICER TO PERFORM HIS POWERS AND OTHER PUBLIC POLICY CONSIDERATIONS ............. 106
DUTIES ....................................................................... 101
AS TO RELATIONSHIP OF THE OFFICER TO HIS SUBORDINATE .... 101 OFFICIAL IMMUNITY DISTINGUISHED FROM STATE
IMMUNITY ...............................................................107
AUTHORITY OF PUBLIC OFFICERS ........................... 101
OFFICIAL IMMUNITY NOT ABSOLUTE .....................107
SCOPE ..................................................................... 112
IMMUNITY FROM SUIT OF THE PRESIDENT .............107 CIVIL SERVICE COMMISSIONS (CSCS) JURISDICTION .............. 112
RECALL OF APPOINTMENT ............................................... 112
REVIEW APPOINTEES QUALIFICATIONS .............................. 112
ELEMENTS OF A DE FACTO OFFICERSHIP ............... 108 The Civil Service ................. 112
WHO ARE NOT CONSIDERED DE FACTO OFFICERS?................ 108 SCOPE ..................................................................... 112
OFFICE CREATED UNDER AN UNCONSTITUTIONAL STATUTE .... 108 CIVIL SERVICE COMMISSIONS (CSCS) JURISDICTION .............. 112
RECALL OF APPOINTMENT ............................................... 112
LEGAL EFFECT OF ACTS OF DE FACTO OFFICERS .... 108 REVIEW APPOINTEES QUALIFICATIONS .............................. 112
WHAT IT CANNOT DO ..................................................... 112
LIABILITY OF DE FACTO OFFICERS.......................... 109
APPOINTMENTS TO THE CIVIL SERVICE .................. 112
RIGHT TO COMPENSATION OF DE FACTO OFFICER 109 SCOPE ........................................................................ 112
CLASSES OF SERVICE ..................................................... 112
REQUISITES ................................................................. 112
The Civil Service ................. 112 WHEN IS AN AGENCY ADMINISTRATIVE .................. 118
TYPES OF ADMINISTRATIVE AGENCIES ................... 118 Registration of Voters ...... 126
DEFINITION .............................................................126
ELECTION LAW
Municipal Corporations..... 148 TO ACQUIRE AND SEAL REAL PROPERTY ............................ 156
TO ENTER INTO CONTRACTS ............................................ 157
ELEMENTS ............................................................. 148
DIPLOMATIC IMMUNITIES AND PRIVILEGES ........... 177 RESERVED DOMAIN OF DOMESTIC JURISDICTION 186
THEORETICAL BASIS OF DIPLOMATIC PRIVILEGES
AND IMMUNITIES .......................................................... 177 DOCTRINE OF STATE IMMUNITY ............................ 186
PERSONAL INVIOLABILITY ............................................... 178
INVIOLABILITY OF PREMISES AND ARCHIVES ........................ 178
RIGHT OF OFFICIAL COMMUNICATION ................................. 178
IMMUNITY FROM LOCAL JURISDICTION ............................... 178 Treatment of Aliens .......... 188
EXEMPTION FROM TAXES AND CUSTOMS DUTIES .................. 179 INTERNATIONAL STANDARD OF JUSTICE .............. 188
Nationality
and Statelessness ............ 184 International Humanitarian
NATIONALITY ......................................................... 184
Law and Neutrality ........... 190
ACQUISITION ......................................................... 184 CATEGORIES OF ARMED CONFLICT ........................ 190
BY BIRTH .................................................................. 184 INTERNATIONAL ARMED CONFLICTS ................................. 190
BY NATURALIZATION .................................................... 184 INTERNATIONAL OR NON-INTERNATIONAL ARMED CONFLICT .. 191
HAGUE CONVENTION OF 1930 WAR OF NATIONAL LIBERATION ........................................ 191
ON CONFLICT OF NATIONALITY LAWS ............................... 184
PRINCIPLE OF EFFECTIVE NATIONALITY .............................. 184 CORE INTERNATIONAL OBLIGATIONS OF STATES IN
IHL .......................................................................... 191
LOSS OF NATIONALITY .......................................... 184
VOLUNTARY ............................................................... 184 PRINCIPLES OF INTERNATIONAL HUMANITARIAN
INVOLUNTARY ............................................................ 184 LAW......................................................................... 191
TREATMENT OF CIVILIANS ...............................................192
STATELESSNESS ................................................... 184 PRISONERS OF WAR ......................................................192
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS ............... 184
COVENANT RELATING TO LAW ON NEUTRALITY .............................................192
THE STATUS OF STATELESS PERSONS ................................ 185 PROTECTING POWER .....................................................193
RA 9851 ....................................................................193
INTERNATIONAL TRIBUNAL
FOR THE LAW OF THE SEA ......................................200
SETTLEMENT OF DISPUTES .............................................200
CHINESE NINE-DASH LINE CLAIM .....................................200
PHILIPPINES TAKES CHINA TO ARBITRATION ....................... 201
International and
Environmental Law ......... 202
PRINCIPLE 21 OF
THE STOCKHOLM DECLARATION ........................... 202
BASIC PRINCIPLES ........................................................ 202
International
Economic Law .................. 203
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The entire field of political law may be subdivided into: (3) Rigid v. flexible
(1) The law of public administration -organization and A constitution is classified as rigid when it may not be
management of the different branches of the amended except through a special process distinct
government from and more involved than the method of changing
(2) Constitutional law - guaranties of the constitution to ordinary laws. It is supposed that by such a special
individual rights and the limitations on governmental procedure, the constitution is rendered difficult to
action change and thereby acquires a greater degree of
(3) Administrative law - exercise of executive power in the stability. A constitution is classified as flexible when it
making of rules and the decision of questions affecting may be changed in the same manner and through the
private rights same body that enacts ordinary legislation. The British
(4) The law of public corporations -governmental agencies Constitution is flexible.
for local government or for other special purposes
[SINCO1] N.B. The Philippine Constitution is written, enacted and
rigid.
CONSTITUTIONAL LAW
Designates the law embodied in the Constitution and the Date of Effectivity of the 1987 Const.: February 2, 1987, the
legal principles growing out of the interpretation and date of the plebiscite, and not on the date its ratification
application of its provisions by the courts in specific cases. was proclaimed. [De Leon v. Esguerra (1987)]
It is the study of the maintenance of the proper balance
between the authority as represented by the three inherent BASIC PRINCIPLES OF CONSTITUTIONAL INTERPRETATION
powers of the State and liberty as guaranteed by the Bill of (1) Verbal legis whenever possible, the words used in the
Rights. Constitution must be given their ordinary meaning
except where technical term are employed;
CONSTITUTION DEFINED (2) Ratio legis est anima words of the Cnstitution should
(1) The body of rules and maxims in accordance with which be interpreted in accordance with the intent of the
the powers of sovereignty are habitually framers;
exercised.[COOLEY, THE GENERAL PRINCIPLES OF LAW IN THE (3) Ut magis valeat quam pereat the Constitution should
UNITED STATES OF AMERICA] be interpreted as a whole [Francisco v. House of
(2) It is the document which serves as the fundamental law Representatives, 415 (2003)]
of the state; that written instrument enacted by the
direct action of the people by which the fundamental TYPES OF JUDICIAL REVIEW
powers of the government are established, limited and US Judicial Review
Europe Judicial Review
defined, and by which those powers are distributed (Followed by the PHL)
among the several departments for their safe and Constitutional Courts: US Supreme Court:
useful exercise, for the benefit of the body politic. centralized, only one court decentralized; all courts
[MALCOLM, PHIL. CONSTITUTIONAL LAW] can exercise can exercise judicial review
(3) "A law for the government, safeguarding individual Principaliter: questions are Incidenter: question that is
rights, set down in writing." [HAMILTON] independent of disputes recognized by the Court
(4) According to Schwartz, "a constitution is seen as an must be part of the
organic instrument, under which governmental powers controversy
are both conferred and circumscribed. Such stress
upon both grant and limitation of authority is PARTS OF THE CONSTITUTION
fundamental in American theory. 'The office and (1) Constitution of Government establishes the structure
purpose of the constitution is to shape and fix the of government, its branches and their operation; e.g.
limits of governmental activity.'" [FERNANDO, THE Art. VI, VII, VIII, IX
CONSTITUTION OF THE PHILIPPINES 20-21 (2nd ed., 1977)] (2) Constitution of Sovereignty - provides how the
Constitution may be changed; i.e. Art. XVII
CLASSIFICATION OF CONSTITUTIONS (3) Constitution of Liberty - states the fundamental rights
(1) Written v. unwritten. of the people; e.g. Art. III [Lambino v. COMELEC
A written constitution is one whose precepts are (2006)]
embodied in one document or set of documents. An
unwritten constitution consist of rules which have not AMENDMENTS AND REVISIONS
been integrated into a single, concrete form but are (ART. XVIII AMENDMENTS OR REVISIONS)
scattered in various sources, such as statutes of
fundamental character, judicial decisions, commentaries AMENDMENT
of publicists, customs and traditions. [CRUZ, An addition or change within the lines of the original
Constitutional Law 4-5; NACHURA, Outline Reviewer in constitution as will effect an improvement, or better carry
Political Law 2] out the purpose for which it was framed; a change that
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adds, reduces or deletes without altering the basic (b) Constitutional Convention Called into existence by
principles involved; affects only the specific provision being (i) 2/3 of all members of Congress OR (ii) the
amended. [Lambino v. COMELEC (2006)] electorate, in a referendum called for by a
majority of all members of Congress [CONST., art.
REVISION XVII, sec. 3]
A change that alters a basic principle in the constitution, (c) People (through a Peoples Initiative)- petition of at
like altering the principle of separation of powers or the least 12% of the total number of registered voters;
system of checks-and-balances; alters the substantial every legislative district must be represented by at
entirety of the constitution, as when the change affects least 3% of the registered voters therein.
substantial provisions of the constitution. [Id.] (i) Limitation on Initiative: No amendment in this
manner shall be authorized (1) within 5 years
DIFFERENCE BETWEEN AMENDMENT AND REVISION following the ratification of the 1987 Const. nor
Revision generally affects several provisions of the (2) more often than once every 5 years
constitution, while amendment generally affects only the thereafter.
specific provision being amended [Id.] This distinction is (ii) Enabling Law: Constitutional provision on
significant because the 1987 Constitution allows peoples amendments via Peoples Initiative not self-
initiative only for the purpose of amending, not revising, the executory [Santiago v. COMELEC (1997)]
Constitution.[See Lambino, supra]
(2) Ratification the proposed amendment shall be
LEGAL TESTS submitted to the people and shall be deemed ratified
Lambino considered the two-part test: the quantitative test by the majority of the votes cast in the plebiscite, held
and the qualitative test. not earlier than 60 days nor later than 90 days:
(1) Quantitative test - The court examines only the number (a) After approval of the proposal by Congress or
of provisions affected and does not consider the degree Concon;
of the change. (b) After certification by the COMELEC of sufficiency of
(2) Qualitative test - inquires into the qualitative effects of petition of the people.
the proposed change in the constitution. The main
inquiry is whether the change will accomplish such far Doctrine of Proper Submission A plebiscite may be held
reaching changes in the nature of our basic on the same day as a regular election [Gonzales v.
governmental plan as to amount to a revision. The COMELEC (1967)]. The entire Constitution must be
changes include those to the fundamental framework submitted for ratification at one plebiscite only. The people
or the fundamental powers of its Branches, and those must have a proper frame of reference. [Tolentino v.
that jeopardize the traditional form of government COMELEC (1971)]. No piecemeal submission, e.g.
and the system of check and balances. Whether there submission of age amendment ahead of other proposed
is an alteration in the structure of government is a amendments. [Tolentino, supra]
proper subject of inquiry.[See Lambino, supra.]
N.B.The process of revision is the same in all respects
STEPS IN THE AMENDATORY PROCESS except that it cannot be proposed via a Peoples Initiative.
There are two steps in the amendatory process: (1) [See Lambino, supra]
proposal, and (2) ratification
Judicial Review of Amendments The validity of the
(1) Proposal The adoption of the suggested change in process of amendment is not a political question because
the Constitution. the Court must review if constitutional processes were
(a) Congress (as a Constituent Assembly) a vote of followed. [See Lambino, supra]
of ALL its members.
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SELF-EXECUTING AND NON-SELF-EXECUTING Legislatives failure to pursue policies do not give rise to a
PROVISIONS cause of action. (Id.)
Self-Executing: Provisions which are complete in
themselves and do not need enabling legislation for their N.B.A provision may be self-executing in one part, and
operation; judicially enforceable per se. The nature and
extent of the right conferred and the liability imposed are non-self-executing in another. (Manila Prince, supra)
fixed by the constitution itself [Manila Prince Hotel v. GSIS
(1997)]. GENERAL PROVISIONS
ART. XVI GENERAL PROVISIONS
General Presumption: All provisions of the constitution are (1) Flag of the Philippines [sec. 1]
self-executing. [Id.] (a) Red, white and blue, with a sun and three stars
(b) Design of the flag may be changed only by
Exception: Statements of general principles, such as those in constitutional amendment [BERNAS]
Art. II, are usually not self-executing. (Id.)Other examples
in jurisprudence: constitutional provisions on personal (2) Name of the country, national anthem, and national
dignity, sanctity of family life, vital role of the youth in seal [sec. 2]
nation-building, values of education, social justice and (a) May be changed by Congress by law
human rights, promotion of general welfare, vital role of (b) Such law will only take effect upon ratification by
the youth in nation-building, promotion of total human the people in a national referendum
liberation and development are merely guidelines for
legislation(Id; citations omitted.) (3) Armed Forces of the Philippines [sec. 4]
(a) Composed of a citizen armed force
Exception to the Exception:The right to a balanced and (b) Shall take an oath of affirmation to uphold and
healthful ecology is self-executing [Oposa v. Factoran defend the Constitution [sec. 5(1)]
(1993)] (c) May not be appointed or designated to a civilian
position in the government including GOCCs or
N.B.Other exceptions to the exception, e.g. right to their subsidiaries [sec. 5(4)]
information in art. III [See Legaspi v. CSC (1987)] and the (d) Laws on retirement of military officers shall not
Filipino First Policy [See Manila Prince, supra] are self- allow extension of their service [sec. 5(5)]
executing because they actually fall under the general (e) Recruited proportionately from all provinces and
rule. cities as far as practicable [sec.5(6)]
(f) Tour of duty of the Chief of Staff shall not exceed
Non-Self Executing:Provisions which merely la[y] down a three years [sec. 5(7)]
general principle. [Manila Prince, supra]
BUT may be extended by the President in times of war
Declaration of principles and state policies are not self- or other national emergency declared by the Congress
executing. [Espina v. Zamora (2010)] [Id.]
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(4) Police Force [sec. 6] Straight baseline method consists of drawing straight
(a) One police force lines connecting appropriate points on the coast without
(b) National in scope departing to any appreciable extent from the general
(c) Civilian in character direction of the coast, in order to delineate the internal
waters from the territorial waters of an archipelago
(5) Consumer Protection [sec. 9]
See R.A. No. 9522amended R.A. No. 3046, entitled "An
(6) Mass Media [sec.11] Act to Define the Baselines of the Territorial Sea of the
Ownership and management limited to (i) citizens of Philippines;" specified that baselines of Kalayaan Group of
the Philippines or (ii)corporations, cooperatives or Islands and Bajo de Masinloc (Scarborough Shoal) shall be
associations wholly-owned and managed by Filipino determined as Regime of Islands under the Republic of
citizens the Philippines, consistent with the UNCLOS.
(7) Advertising Industry [sec. 11] R.A. No. 9522 is not unconstitutional: it is a statutory tool
(a) Can only be engaged in by (i) Filipino citizens or (ii) to demarcate the maritime zone and continental shelf of
corporations or associations at least 70% of which the Philippines under UNCLOS III, and does not alter the
is owned by Filipino citizens national territory. While UNCLOS III does not bind the
(b) Participation of foreign investors is limited to their Philippines to pass a baselines law, Congress may do so.
proportionate share in the capital The law also does not abandon the countrys claim to
(c) Managing officers must be Filipino citizen Sabah, as it does not expressly repeal the entirety of R.A.
No. 5446. [Magallona v. Ermita (2011)]
General Considerations PIL Reviewer [p. 198], II for further discussion on Baselines
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When not against the state Philippines under the provisions of this Act; but a copy
It was held that the suit is not against the State: thereof duly certified by the clerk of the Court in which
(1) When the purpose of the suit is to compel an officer judgment is rendered shall be transmitted by such clerk to
charged with the duty of making payments pursuant to the President of the Philippines, within five days after the
an appropriation made by law in favor of the plaintiff to same becomes final.
make such payment, since the suit is intended to
compel performance of a ministerial duty. [Begoso v. Sec. 8. The President of the Philippines, at the
PVA (1970)] commencement of each regular session of the Legislature,
(2) When from the allegations in the complaint, it is clear shall transmit to that body for appropriate action all
that the respondent is a public officer sued in a private decisions so received by him, and if said body determine
capacity; that payment should be made, it shall appropriate the sum
(3) When the action is not in personam with the which the Government has been sentenced to pay,
government as the named defendant, but an action in including the same in the appropriations for the ensuing
rem that does not name the government in particular. year.
Act No. 3083 Special Agent - One who receives a definite and fixed
An Act Defining the Conditions under which the order or commission, foreign to the exercise of the duties of
Government ofthe Philippines may be Sued. his office if he is a special official. [Merritt v. Govt of the
Philippine Islands, (1916)]
Sec. 1. Subject to the provisions of this Act, the Government
of the Philippines hereby consents and submits to be sued Special Law - may come in the form of a private bill
upon any moneyed claim involving liability arising from authorizing a named individual to bring suit on a special
contract, express or implied, which could serve as a basis
claim
of civil action between private parties.
Implied consent
Sec. 2. A person desiring to avail himself of the privilege
(1) When the State enters into a business contract or itself
herein conferred must show that he has presented his commences litigation;
claim to the Commission on Audit and that the latter did
(2)If the govt files a complaint, defendant may file a
not decide the same within two months from the date of its counterclaim against it. When the state files complaint,
presentation. suability will result only where the government is
claiming affirmative relief from the defendant.
Sec. 3. Original actions brought pursuant to the authority (3) When it would be inequitable for the State to invoke its
conferred in this Act shall be instituted in the Regional
immunity.
Trial Court of the City of Manila or of the province where
(4) In instances when the State takes private property for
the claimant resides, at the option of the latter, upon which public use or purpose.
court exclusive original jurisdiction is hereby conferred to
hear and determine such actions. Specific Rules
Suits against Government Agencies Depends on whether
Sec. 4. Actions instituted as aforesaid shall be governed by
the agency is incorporated (i.e. there is a separate charter)
the same rules of procedure, both original and appellate, or unincorporated (i.e. no separate personality).
as if the litigants were private parties.
(1) Incorporated If the charter provides that the agency
Sec. 5. When the Government of the Philippines is plaintiff can sue, then suit will lie. The provision in the charter
in an action instituted in any court of original jurisdiction,
constitutes express consent. [See SSS v. Court of
the defendant shall have the right to assert therein, by way Appeals (1983)]
of set-off or counterclaim in a similar action between (2) Unincorporated There must be an inquiry unto the
private parties.
principal functions of government.
(a) If governmental: NO suit without consent. [Bureau of
Sec. 6. Process in actions brought against the Government
Printing v. Bureau of Printing Employees Association
of the Philippines pursuant to the authority granted in this
(1961)].
Act shall be served upon the Solicitor-General whose duty (b) If proprietary: Suit will lie, because when the state
it shall be to appear and make defense, either himself or
engages in principally proprietary functions, it
through delegates. descends to the level of a private individual, and may,
therefore be vulnerable to suit. [Civil Aeronautics
Sec. 7. No execution shall issue upon any judgment
Administration v. Court of Appeals (1988)]. State may
rendered by any court against the Government of the
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only be liable for proprietary acts (jure gestionis) and (3) Renunciation of war [Sec. 2]
not for sovereign acts (jure imperii). (4) Only refers to wars of aggression, not defensive war
(5) Adoption of generally-accepted principles of
SYNTHESIS OF RULES ON SUING GOVT AGENCIES international law [Sec. 2]
Type Function Rule (6) Adherence to a policy of peace, freedom, and amity
with all nations [Sec. 2]
Incorporated Governmental CAN be sued IF (7) Civilian supremacy [Sec. 3]
or proprietary charter allows (8) Civilian authority (Section 3, Article II) is not defeated in
Unincorporated Governmental CANNOT be sued a joint task force between the PNP and Marines for the
unless consent is enforcement of law and order in Metro Manila as long
given as control is left to the PNP. [IBP v. Zamora (2000)]
Proprietary CAN be sued (9) (6) Role of the armed forces [Sec. 3]
(a) Protector of the people and the State
Suits against Public Officers The doctrine of state (b) Secure the sovereignty of the State and the
immunity also applies to complaints filed against officials integrity of the national territory
of the State for acts performed by them in the discharge of (7) Compulsory military and civil service [Sec. 4]
their duties within the scope of their authority. Under conditions provided by law
(8) Maintenance of peace and order, promotion of general
Exception:The doctrine of immunity from suit will not apply welfare [Sec. 5]
and may not be invoked where the public official is being (9) Recognition of a hierarchy of rights [BERNAS]
sued in his (1) private and personal capacity as an ordinary (a) Life
citizen, for (2)acts without authorityor in excess of the (b) Liberty
powers vested in him. (Lansang vs CA [2000]) (c) Property
(10) Separation of Church and State [Sec. 6]
Note:Acts done without authority are not acts of the State
Policies [sec. 7-28]:Guidelines for the orientation of the
Exceptions to Prior Consent Rule state [BERNAS]
Caselaw provides that the following are well-recognized
exceptions when the state/public officer MAY be sued (1) Independent foreign policy [Sec. 7]
without prior consent: (2) Freedom from nuclear weapons [Sec. 8]
(3) Promote a just and dynamic social order [Sec.9]
(1) To compel him to do an act required by law; (4) Promote social justice in all phases of national
(2) To restrain him from enforcing an act claimed to be development [Sec. 10]
unconstitutional; (5) Personal dignity and human rights [Sec. 11]
(3) To compel the payment of damages from an already (6) Family as basic social institution [Sec. 12]
appropriated assurance fund or to refund tax over- (7) Vital role of youth in nation-building [Sec. 13]
payments from a fund already available for the (8) Role of women in nation-building [Sec. 14]
purpose; (9) Fundamental equality before the law of women and
(4) To secure a judgment that the officer impleaded may men [Sec. 14]
satisfy by himself without the State having to do a (10) Right to health [Sec. 15]
positive act to assist him; (11) Right to a balanced and healthful ecology [Sec.16,
(5) Where the government itself has violated its own laws. Oposa v. Factoran]
[Sanders v. Veridiano II, (1988)] (12) Priority to education, science and technology, arts,
culture, and sports [Sec. 17]
Scope of Consent (Suability v. Liability) (13) Labor as a primary social economic force [Sec.18]
Consent to be sued is not concession of liability:Suability (14) Self-reliant and independent national economy
depends on the consent of the state to be sued, and [Sec.19]
liability on the applicable law and the established facts. (15) Role of private sector [Sec. 20]
The circumstance that a state is suable does not (16) Comprehensive rural development and agrarian
necessarily mean that it is liable, but it can never be held reform [Sec. 21]
liable if it does not first consent to be sued. When the state (17) Recognition and promotion of rights of indigenous
does waive its sovereign immunity, it is only giving the cultural communities [Sec. 22]
plaintiff the chance to prove that it is liable. [United States of (18) Community-based, sectoral organizations [Sec.23]
America v. Guinto (1990)] (19) Role of communication and information in nation-
building [Sec.24]
PRINCIPLES AND POLICIES (20) Autonomy of local governments [Sec. 25]
ART. II DECLARATION OF PRINCIPLES AND STATE (21) Equal access for public service and prohibition of
POLICIES political dynasties [Sec. 26]
Principles [sec.1-6]: Binding rules which must be observed (22) Honesty and integrity in public service [Sec. 27]
in the conduct of government [BERNAS] (23) Policy of full public disclosure [Sec. 28]
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three powers are to be kept separate and distinct that the requires the President or an agency to submit the
Constitution intended them to be absolutely unrestrained proposed implementing rules and regulations of a law to
and independent of each other. The Constitution has Congress for approval, is unconstitutional. It encroaches
provided for an elaborate system of checks and balances on:
to secure coordination in the workings of the various
departments of the government [Angara v. Electoral (1) The executive - it allows Congress to take a direct role
Commission (1936)]. in the enforcement of its laws;
(2) The judiciary - administrative issuances enjoy a
The government established by the Constitution follows presumption of validity, and only the courts may decide
fundamentally the theory of separation of power into the whether or not they conform to statutes or the
legislative, the executive and the judicial [Angara v. Constitution. [Abakada Guro Partylist v. Purisima
Electoral Commission (1936)]. (2008)]
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It indicates the circumstances under which the sworn to uphold the fundamental law of the Republic
legislative command is to be effected.[Edu v. Ericta under her government. (In re Bermudez (1986) citing
(1970)] Lawyers League for a Better Philippines v. Aquino (1986)]
BOTH tests must be complied with. [Pelaez, supra] In the cited cases [Lawyers League for a Better Philippines
and/or Oliver A. Lozano v. President Corazon C. Aquino, et
N.B.The legislature may leave to another body the al], we held that the government of former President
ascertainment of facts necessary to bring the law into Aquino was the result of a successful revolution by the
actual operation. [See Abakada v. Ermita (2005)] sovereign people, albeit a peaceful one. No less than the
Freedom Constitution declared that the Aquino government
FORMS OF GOVERNMENT was installed through a direct exercise of the power of the
DEFINITION Filipino people "in defiance of the provisions of the 1973
Government of the Philippines is defined as: Constitution, as amended."
The corporate governmental entity through which the
functions of government are exercised throughout the It is familiar learning that the legitimacy of a government
Philippines, including sired by a successful revolution by people power is beyond
(1) the various arms through which political authority is judicial scrutiny for that government automatically orbits
made effective in the Philippines, whether pertaining out of the constitutional loop. In checkered contrast, the
to: government of respondent Arroyo is not revolutionary in
(a) the autonomous regions, character. The oath that she took at the EDSA Shrine is the
(b) the provincial, city, municipal, or barangey oath under the 1987 Constitution. In her oath, she
subdivisions, or categorically swore to preserve and defend the 1987
(c) other forms of local government. [Sec. 2(1), Constitution. Indeed, she has stressed that she is
Administrative Code] discharging the powers of the presidency under the
authority of the 1987 Constitution.
Government is that institution or aggregate of
institutions by which an independent society makes and In fine, the legal distinction between EDSA People Power I
EDSA People Power II is clear. EDSA I involves the exercise
carries out those rules of action which are necessary to
enable men to live in a social state or which are imposed of the people power of revolution which overthrew the
upon the people forming that society by those who possess whole government. EDSA II is an exercise of people power
of freedom of speech and freedom of assembly to petition
the power or authority of prescribing them. [US v. Dorr
(1903)] the government for redress of grievances which only
affected the office of the President. EDSA I is extra-
constitutional and the legitimacy of the new government
DE JURE AND DE FACTO GOVERNMENTS
De jure government that resulted from it cannot be the subject of judicial
review, but EDSA II is intra-constitutional and the
(1) Has rightful title but
(2) no power or control, either because this has been resignation of the sitting President that it caused and the
withdrawn from it, or because it has not yet actually succession of the Vice President as President are subject to
judicial review. EDSA I presented a political question;
entered into the exercise thereof. [In re Letter of
Associate Justice Puno, (1992)] EDSA II involves legal questions. xxx
Even if the petitioner can prove that he did not resign, still,
De facto government
Government of fact, that is, it actually exercises power or he cannot successfully claim that he is a President on leave
on the ground that he is merely unable to govern
control without legal title. [Co Kim Cham v. Valdes, (1945)]
temporarily. That claim has been laid to rest by Congress
(1) The govt that gets possession and control of, or usurps, and the decision that respondent Arroyo is the de jure,
president made by a co-equal branch of government
by force or by the voice of the majority, the rightful
legal govt and maintains itself against the will of the cannot be reviewed by this Court. [Estrada v. Desierto /
Estrada v. Arroyo (2001)]
latter.
(2) That established as an independent govt by the
inhabitants of a country who rise in insurrection against
the parent state.
(3) That which is established and maintained by military
forces who invade and occupy a territory of the enemy
Legislative Department
in the course of war, and w/c is denominated as a govt
of paramount force, like the Second Republic WHO MAY EXERCISE LEGISLATIVE POWER
Legislative power is the authority to make laws and to alter
established by the Japanese belligerent.
and repeal them. It is vested in:
The legitimacy of the Aquino government is not a (1) The Congress of the Philippines, which consists of a
Senate and a House of Representatives [CONST., art. VI,
justiciable matter. It belongs to the realm of politics where
only the people of the Philippines are the judge. And the sec. 1]
people have made the judgment; they have accepted the (2) The people to themselves, by the system of initiative
and referendum [Id.]
government of President Corazon C. Aquino which is in
effective control of the entire country so that it is not
Legislative power may also be exercised by:
merely a de facto government but in fact and law a de jure
(1) Regional/local legislative assemblies N.B. A regional
government. Moreover the community of nations has
recognized the legitimacy of the present government. All assembly exists for the ARMM
(2) President, under martial rule or in a revolutionary
the eleven members of this Court as reorganized have
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government. [See CONST., art. VI, sec. 23(2)]. Congress (4) A registered voter
may delegate legislative powers to the president in (5) Resident of the Philippines for at least 2 years
times of war or in other national emergency. [BERNAS] immediately preceding the day of the election
th
Congress - Grant of legislative power to Congress is Term of Office: 6 years, commencing at noon on the 30
plenary.Congress may legislate on any subject matter day of June next following their election
provided that constitutional limitations are observed.
Term Limits: only up to 2 consecutive terms. However, they
Initiative and Referendum may serve for more than 2 terms provided that the terms
The power of initiative and referendum is the power of the are not consecutive.
people directly to propose and enact laws or approve or
reject any act or law or part thereof passed by the House of Representatives
Congress or local legislative body. (art. VI, sec. 32) [Art. VI, Sec. 5-8]
Composition: Not more than 250 members, unless
The operationalization of initiative and referendum has otherwise provided by law, consisting of:
been left by the Constitution to Congress (art. VI, sec. 32;
BERNAS); District Representatives - Elected from legislative districts
apportioned among the provinces, cities, and Metro Manila
The provision is not self-executory [Santiago v. COMELEC area
(1997)];
Rules on Apportionment of Legislative Districts:
RA 6735 An Act Providing for a System of Initiative and (a) Apportionment of legislative districts must be by law
Referendum and Appropriating Funds Therefore valid which could be a:
for laws, ordinances, and resolutions, but NOT (i) General Apportionment Law; or
amendments to the Constitution [Santiago, supra] (ii) Special Law (i.e. creation of new provinces)
Note: The power to apportion legislative districts is
HOUSES OF CONGRESS textually committed to Congress by the Constitution.
COMPOSITION, QUALIFICATIONS AND TERM OF OFFICE Thus, it cannot be validly delegated to the ARMM
Senate House of Representatives Regional Assembly [Sema v. COMELEC (2008)].Under
(art. VI, sec. 2-4) (art. VI, sec. 5-8) the Constitution and the Local Gov. Code,
Composition apportionment and reapportionment do not require a
plebiscite. [Bagabuyo v. COMELEC (2008)]
24 senators elected at Not more than 250 (b) Proportional representation based on number of
large members, unless otherwise inhabitants
provided by law, consisting (i) Each citywith a population of at least 250,000shall have
of: at least 1 representative.
(1) District Repre-sentatives (ii) Each province, irrespective of the number of
(2) Party-List Representa- inhabitants, shall have at least 1 representative.
tives (c) Each legislative district shall comprise, as far as
Qualifications practicable, contiguous, compact, and adjacent
territory. (N.B. Anti-gerrymandering provision)
(1) Natural-born citizen (1) Natural-born citizens
(d) Re-apportionment by Congress within 3 years after the
(2) At least 35 years old on (2) At least 25 years old on
return of each census.
the day of the election the day of the election
(3) Able to read and write (3) Able to read and write
Party-List Representatives shall constitute 20% of the
(4) A registered voter (4) Registered voter in the
total number of representatives, elected through a party-
(5) Resident of the district he seeks to
list system of registered national, regional, and sectoral
Philippines for at least 2 represent
parties or organizations
years immediately (5) A resident of the said
Sectoral Representatives - For 3 consecutive terms from 2
preceding the day of the district for at least 1 year
February 1987, of the partylist seats shall be allotted to
election immediately preceding the
sectoral representativesto be chosen by appointment or
day of the election
election, as may be provided by law. Until a law is passed,
they are appointed by the President from a list of nominees
Term of Office by the respective sectors. [Art. XVIII, Sec. 7]
6 years 3 years
Qualifications of Representatives:
Term Limits (1) Natural-born citizens
(2) At least 25 years old on the day of the election
2 consecutive terms 3 consecutive terms (3) Able to read and write
(4) Registered voter in the district he seeks to represent
Senate (5) A resident of the said district for at least 1 year
[Art. VI, Sec. 2-4] immediately preceding the day of the election.
Composition: 24 senators elected at large th
Term of Office: 3 years, commencing at noon on the 30
Qualifications: day of June next following their election.
(1) Natural-born citizen
(2) At least 35 years old on the day of the election
(3) Able to read and write
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Tenure may be shorter than the term or it may not exist at Disqualified parties:
all. These situations will not change the duration of the (1) Religious Sects
term of office. [Dimaporo vs Mitra (1991)] (2) Foreign Organizations
(3) Those Advocating Violence or Unlawful Means
Term Limits: No member of the House of Representatives (4) It is receiving support from any foreign government,
shall serve for more than 3 consecutive terms. foreign political party, foundation, organization,
whether directly or through any of its officers or
Party-list System members or indirectly through third parties for partisan
BOCs Note: Atong Paglaum v. COMELEC, G.R. No. 203766, election purposes.
April 3, 2013 is beyond the 2013 Bar Coverage cut-off date, (5) It violates or fails to comply with laws, rules or
but the decision reversed and significantly modified regulations relating to elections;
previous Court rulings on the party-list system. (6) It declares untruthful statements in its petition;
(7) It has ceased to exist for at least one (1) year; or
Atong Paglaum Guidelines (8) It fails to participate in the last two (2) preceding
(1) Three different parties or organizations may participate elections or fails to obtain at least 2 per centum of the
in the party-list system: (a) national; (b) regional; or (c) votes cast under the party-list system in the two (2)
sectoral; preceding elections for the constituency in which it has
registered.
(2) National and regional parties or orgs do not need to (a)
organize along sectoral lines or (b) represent any Qualified Sectors:
marginalized or underrepresented sector; (1) Labor
(2) Peasant
(3) Political parties may participate in the party-list system (3) Fisherfolk
provided: (a) they register under the party-list system; (4) Urban Poor
(b) they do not field candidates in legislative district (5) Indigenous Cultural Com-munities
elections. (6) Elderly
(i) A party that participates in the legislative district (7) Handicapped
elections may still participate in the party-list (8) Women
through a sectoral wing. (9) Youth
(ii) The sectoral wing can be part of the political partys (10)Veterans
coalition, but the former must be registered (11) Overseas Workers
independently in the party-list system. (12) Professionals
(4) Sectoral parties or orgs may either be (a) marginalized Query: Are political parties allowed to participate in the
or underrepresented (e.g. labor, peasant, fisherfolk); party-list system?
or (b) lacking in well-defined political constituencies
(e.g. professionals, women, elderly, youth) Political parties are allowed by the constitution to
participate in the party-list system provided that they
(5) The nominees of sectoral parties or orgs, of either type, represent the interests of the marginalized and
must (a) belong to their respective sectors, or (b) have a underrepresented. The following conditions must be
track record of advocacy for their respective sectors. complied:
(1) Must represent marginalized and under-represented
Majority of the members of a sectoral party, of either sectors;
type, must belong to the sector they represent. (2) Major political parties must comply with this statutory
policy;
(6) National, regional, or sectoral parties or orgs shall not (3) Must be subject to the express constitutional
be disqualified if some of their nominees are prohibition against religious sects;
disqualified, provided they have at least one (1) (4) The party must not be disqualified under RA 7941;
nominee who remains qualified. (5) The party must not be an adjunct or entity or project
funded by the government;
For computation of allocation of party-list seats, see Election (6) The party and its nominees must comply with the
Law portion of the reviewer or BANAT v. COMELEC, G.R. requirements of the law;
No. 179271, April 21, 2009. (7) The nominee must also represent a marginalized or
under-represented sector;
N.B. The following have been either modified or repealed by (8) The nominee must be able to contribute to the
Atong Paglaum, but were good law as of the cut-off date for formulation and enactment of appropriate legislation
the 2013 Bar. that will benefit the nation. [Ang Bagong Bayani-OFW
Labor Party v. COMELEC (2000)].
See R.A. 7941, An Act Providing For The Election Of Party-
List Representatives Through The Party-List System, And Four inviolable constitutional and statutory parameters in the
Appropriating Funds Therefor party-list system:
(1) 20% Allocation the combined number of all party-list
Parties, organizations, and coalitions must obtain at least congressmen shall not exceed 20% of the total
2% of all votes cast to obtain a party-list seat. membership of the House of Representatives.
(2) 2% threshold only those parties garnering a
Those garnering more than 2% are entitled to additional minimum of 2% of the total votes cast for the party-list
seats in proportion to their total number of votes, but may system are qualified to have a seat in the House.
not have more than 3 seats.
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(3) Three seat limit each qualified party, regardless of The provision refers to an Incompatible Office. Forfeiture of
the number of votes it actually obtained is entitled to a the seat in Congress shall be automatic upon the
maximum of three seats (1 qualifying and 2 additional members assumption of such office deemed
seats). incompatible. [Adaza v. Pacana (1985)].
(4) Proportional representation the additional seats (2) May not be appointed to any office created or the
which a qualified party is entitled to shall be computed emoluments thereof were increased during the term
in proportion to their total number of votes. [Veterans for which he was elected. [Art. VI, Sec. 13]
Federation v. COMELEC (2000)]. The provision refers to a Forbidden Office. He cannot validly
take the office even if he is willing to give up his seat.
LEGISLATIVE PRIVILEGES, INHIBITIONS AND (3) Cannot personally appear as counsel before any court,
DISQUALIFICATIONS electoral tribunal, quasi-judicial and administrative
PRIVILEGES bodies during his term of office. [Art. VI, Sec. 14]
Salaries (4) Shall not be financially interested, directly or indirectly, in
The salaries of Senators and Representatives shall be any contract with, or franchise or special privilege
determined by law. granted by the government during his term of office.
[Art. VI, Sec. 14]
No increase in said compensation shall take effect until (5) Shall not intervene in any matter before any office of the
after the expiration of the full term of all the Members of government when it is for his pecuniary benefit or
the Senate and the House of Representatives approving where he may be called upon to act on account of his
such increase. [Art. VI, Sec. 10]. office. [Art. VI, Sec. 14]
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In computing a quorum, members who are outside the (2) Other Special Cases
country, thus outside of each Houses coercive jurisdiction,
are not included. Vote Required (out of all
Action Basis
members)
Majority refers to the number of members within the Determine 2/3 of both Houses, voting Art. VII,
jurisdiction of the Congress (those it can order arrested for Presidents separately sec. 11, par.
the purpose of questioning). In this case, one Senator was disability 5
out of the Philippines which is not within the jurisdiction Declaring a 2/3 (of both Houses, in joint Art. VI,
of the Senate, so that the working majority was 23 State of War session), each House voting sec. 23(1)
Senators. separately
There is a difference between a majority of "all members of
the House" and a majority of "the House", the latter DISCIPLINE OF MEMBERS
requiring less number than the first. Therefore, an absolute Each house may punish its members for disorderly
majority (12) of all members of the Senate less one (23) behavior, and with the concurrence of 2/3 of ALL its
constitutes constitutional majority of the Senate for the members:
purpose of the quorum. [Avelino v. Cuenco (1949)] (1) Suspension (shall not exceed 60 days)
(2) Expulsion
VOTING MAJORITIES
Doctrine of Shifting Majority For each House of Congress Other disciplinary measures:
to pass a bill, only the votes of the majority of those (1) deletion of unparliamentary remarks from the record
present in the session, there being a quorum, is required. (2) fine
(3) imprisonment
Exceptions to Doctrine of Shifting Majority: (4) censure
(1) Votes where requirement is based on ALL THE
MEMBERS OF CONGRESS requirement is based on The suspension contemplated in the Constitution is
the entire composition of a House or Congress (in its different from the suspension prescribed in the Anti-Graft
entirety), regardless of the number of Members present and Corrupt Practices Act (RA 3019). The former is punitive
or absent in nature while the latter is preventive. [Defensor-Santiago
v. Sandiganbayan (1995)].
Vote
Required Houses ELECTORAL TRIBUNALS AND THE COMMISSION ON
Action Basis
(out of all voting APPOINTMENTS
members) ELECTORAL TRIBUNALS
Override 2/3 Separately Art. VI, sec. [Art. VI, Sec. 17]
presidential 27(1) (1) Senate Electoral Tribunal (SET)
veto (2) House Electoral Tribunal (HRET)
Grant of tax Majority (Silent) Art. VI, sec.
exemptions 27(4) N.B. There is a Presidential Electoral Tribunal (PET), but it
Elect Majority Separately Art. VII, is governed by different provisions.
President in sec. 4, par.
case of tie 5 Composition
Confirm Majority Separately Art. VII, (1) 3 Supreme Court justices, designated by CJ
appointment sec. 9 Senior Justice in the Electoral Tribunal shall be its
of VP Chairman
Revoke or Majority Jointly Art. VII, (2) 6 members of the Senate or House, as the case may be,
extend (a) sec. 18 chosen on the basis of proportional representation
Martial Law from parties;
or (b) (3) The ET shall be constituted within 30 days after the
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Senate and the House shall have been organized with the tripartite scheme of government, it is to all intents and
the election of the President and the Speaker. purposes, when acting within the limits of its authority, an
(4) Members chosen enjoy security of tenure and cannot be independent organ; while composed of a majority of
removed by mere change of party affiliation. [Bondoc v. members of the legislature it is a body separate from and
Pineda (1991)]. independent of the legislature. [Bondoc v. Pineda (1991)]
When does it acquire jurisdiction: ET has jurisdiction only COMMISSION ON APPOINTMENTS (CA)
when there is an election contest, and only after the (Art. VI, Sec. 18)
proclamation of a candidate. [See Lazatin v. HRET (1988)].
Composition
Election Contest- one where a defeated candidate (1) Senate President as ex-officio chairman (shall not vote
challenges the qualification and claims for himself the seat except in case of a tie)
of a proclaimed winner. (2) 12 Senators
(3) 12 Members of the HOR
In the absence of election contest, and before
proclamation, jurisdiction remains with COMELEC. [See The CA shall be constituted within 30 days after the
Lazatin, supra] Senate and the House of Representative shall have been
organized with the election of the President and the
Supreme Court has jurisdiction over the Electoral Speaker.
Commission for the purpose of determining the character,
scope and extent of the constitutional grant to the The CA shall act on all appointments within 30 session
Electoral Commission as "the sole judge of all contests days from their submission to Congress.
relating to the election, returns and qualifications of the
members of the National Assembly." [Angara v. Electoral The CA shall rule by a majority vote of all its members.
Commission (1936)]
It is NOT mandatory to elect 12 Senators to the
Note: Constitution mandates that the HRET shall be the Commission; what the Constitution requires that there
sole judge of all contests relating to the election, returns must be at least a majority of the entire membership.
and qualifications of its members. By employing the word [Guingona v. Gonzales (1993)].
sole, the Constitution is emphatic that the jurisdiction of
the HRET in the adjudication of election contests involving The power to approve or disapprove appointments is
its members is exclusive and exhaustive. Its exercise of conferred on the CA as a body and not on the individual
power is intended to be its own full, complete and members. [Pacete v. Secretary (1971)]
unimpaired. [Duenas Jr. v. HRET (2009)]
Rule on Proportional Representation The 12 Senators and
Independence of the Electoral Tribunals 12 Representatives are elected on the basis of proportional
Since the ETs are independent constitutional bodies, representation from the political parties and party-list
independent even of the respective House, neither organizations.
Congress nor the Courts may interfere with procedural
matters relating to the functions of the ETs. [Co vs HRET, HOR has authority to change its representation in the
(1991)] Commission on Appointments to reflect at any time the
changes that may transpire in the political alignments of
The HRET was created to function as a nonpartisan court its membership. It is understood that such changes in
although two-thirds of its members are politicians. membership must be permanent and do not include the
temporary alliances or factional divisions not involving
To be able to exercise exclusive jurisdiction, the House severance of political loyalties or formal disaffiliation and
Electoral Tribunal must be independent. Its jurisdiction to permanent shifts of allegiance from one political party to
hear and decide congressional election contests is not to another. [Daza v. Singson (1989)]
be shared by it with the Legislature nor with the courts.
"The Electoral Commission is a body separate from and The provision of Section 18 on proportional representation is
independent of the legislature and though not a power in mandatory in character and does not leave any discretion
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to the majority party in the Senate to disobey or disregard NON-LEGISLATIVE POWERS (SCOPE)
the rule on proportional representation. (1) power to canvass the presidential elections;
(2) declare the existence of war;
By requiring a proportional representation in the (3) give concurrence to treaties and amnesties;
Commission on Appointments, sec. 18 in effect works as a (4) propose constitutional amendments;
check on the majority party in the Senate and helps to (5) impeachment;
maintain the balance of power. No party can claim more
than what it is entitled to under such rule. [Guingona v. SPECIFIC POWERS
Gonzales (1993)] (1) Constituent power
(2) Legislative Inquiries
Meetings (3) Appropriation
(1) CA shall meet only while Congress is in session. (4) Taxation
(2) Meetings are held either (a) at the call of the Chairman (5) Concurrence in treaties and international agreements
or (b) by a majority of all its members. (6) War powers and delegations powers
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committee regarding executive operations in a given its members 3 days before the passage of the bill. (art.
administrative area. Allows Congress to scrutinize the VI, sec. 26[2])
exercise of delegated law-making authority, and
permits Congress to retain part of that delegated Exception: President certifies to the necessity of its
authority. Through this, Congress exercises supervision immediate enactment to meet a public calamity or
over the executive agencies. emergency
N.B. Legislative supervision is NOT allowed under the Presidential certification dispenses with the requirement (1)
Constitution. [Abakada Guro Partylist v. Purisima (2008)] printing requirement and (2) readings on separate days
See also discussion in Separation of Powers, above. requirement[Tolentino v. Secretary of Finance (1995)]
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appropriations. However, the following may, BY LAW, (a) Classificationfor the purpose of taxation is not
be authorized to AUGMENT any item in the general prohibited per se, BUT it must comply with the Test of
appropriations law for their respective offices FROM Valid Classification [see Ormoc Sugar Central v. Ormoc
SAVINGS in other items of their respective City (1968), on equal protection and local taxes]
appropriations:
(a) President Test of Valid Classification
(b) Senate President (1) Based on substantial distinctions which make real
(c) Speaker of the HOR differences
(d) Chief Justice of the Supreme Court (2) Germane to the purpose of law
(e) Chairs of Constitutional Commissions (3) Applies to present and future conditions substantially
identical to those of the present
Guidelines for disbursement of discretionary funds (4) Applies equally to those who belong to the same class
appropriated for particular officials:
(1) For public purposes Progressive
(2) To be supported by appropriate vouchers The rate increases as the tax base increases
(3) Subject to such guidelines as may be prescribed by law
Tax burden is based on the taxpayers capacity to pay
If Congress fails to pass the general appropriations bill by the
end of any fiscal year: Suited to the social conditions of the people
(1) The general appropriations bill for the previous year is
deemed reenacted Reflects aim of the Convention that legislature following
(2) It shall remain in force and effect until the general social justice command should use taxation as an
appropriations bill is passed by Congress. instrument for more equitable distribution of wealth
For Special Appropriations Bills Progressive taxation is a directive to Congress and is not a
(1) Shall specify the purpose for which it is intended judicially enforceable right [Tolentino v. Secretary of Finance,
(2) Shall be supported by funds supra]
(i) actually available as certified by the National Treasurer;
or Constitutional Tax Exemptions:
(ii) to be raised by corresponding revenue proposal therein (1) Religious, charitable, educational institutions and their
properties
Limitation on Use of Public Funds [Art. VI, Sec. 29] (2) All revenues and assets of non-stock, non-profit
(1) No money shall be paid out of the National Treasury educational institutions are exempt from taxes and
except in pursuance of an appropriation made by law. duties PROVIDED that such revenues and assets are
(2) However, this rule does not prohibit continuing actually, directly and exclusively used for educational
appropriations, e.g. for debt servicing, for the reason purposes [Art. XIV, Sec. 4(3)]
that this rule does not require yearly or annual (3) Grants, endowments, donations or contributions used
appropriation. actually, directly and exclusively for educational
purposes shall be exempt from tax, subject to
Four phases of Governments budgeting process: conditions prescribed by law [Art. XIV, sec. 4(4)]
(1) Budget preparation
(2) Legislative authorization Special Funds
(3) Budget execution (1) Money collected on a tax levied for a special purpose
(4) Budget accountability shall be treated as a special fund and paid out for such
purpose only.
Taxation [Art. VI, Sec. 28] (2) Once the special purpose is fulfilled or abandoned, any
Nature of provision balance shall be transferred to the general funds of the
Sec. 28 is a listing of the limits on the inherent and Government
otherwise unlimited power
Presidential Veto and Congressional Override
Purposes of taxation Submission to the President; Presidents Veto power [Sec 27,
(1) Pay debts and provide for the common defense and Art VI]
general warfare; Every bill, in order to become a law, must be presented to
(2) Raise revenue; and signed by the President.
(3) Instrument of national and social policy;
(4) Instrument for extermination of undesirable acts and If the President does not approve of the bill, he shall veto
enterprises; the same and return it with his objections to the house
(5) Tool for regulation; from which it originated. The House shall enter the
(6) Imposition of tariffs designed to encourage and protect objections in the journal and proceed to reconsider it.
locally produced goods against competition for
imports. The President must communicate his decision to veto
within 30 days from the date of receipt thereof. Otherwise,
Limitations the bill shall become a law as if he signed it.(Lapsed into
(1)Public purpose- Power to tax should be exercised only law)
for a public purpose.
(2) Uniform and equitable. To override the veto, at least 2/3 of ALL the members of
(a) Operates with the same force and effect in every place eachhouse must agree to pass the bill. In such case, the
where the subject of it is found veto is overridden and becomes a law without need of
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Exceptions:
(1) Veto of particular items in an appropriation, revenue, or
tariff bill; Above resolution AFFIRMED (if favorable) or
(2) Doctrine of Inappropriate Provisions (See below) OVERRIDDEN (if unfavorable) by vote of 1/3 of all the
members of the HOR
Item veto
The President may veto particular items in an
appropriation, revenue or tariff bill.The whole item (and not Verified complaint or resolution [Sec. 3(4)]
just a portion) must be vetoed. [Bengzon v. Drilon (1992)] FILED by 1/3 of all the members of the HOR; trial by
Senate forthwith proceeds
Item - in a bill, refers to the particulars, the details, the
distinct and severable parts; an indivisible sum of money Notes on Initiation: [See Gutierrez v. HOR Committee on
dedicated to a stated purpose; in itself, a specific Justice (February 15, 2011 and March 8, 2011)]
appropriation of money, not some general provision of law,
which happens to be in an appropriation bill. Basic limitation: No impachment proceeding shallbe
initiated against the same official more than once within a
The president cannot veto unavoidable obligations, i.e. period of one year (CONST., art. XI, sec. 2[5])
already vested by another law (e.g. payment of pensions,
see Bengzon, supra). Initiation means filing coupled with referral to the
Committee on Justice.
This veto will not affect items to which he does not object.
Court cannot make a determination of what constitutes an
Veto of a Rider impeachable offense; it is a purely political question [citing
A rider is a provision which does not relate to a particular Francisco v. House of Representatives (2003)]
appropriation stated in the bill.
On motion to inhibit: Impeachment is a political exercise.
Since it is an invalid provision under art. VI, sec. 25(2), the The Court cannot apply (to Congressmen) the stringent
President may veto it as an item. stands it asks of justices and judges when it comes to
inhibition from hearing cases.
The executive's veto power does not carry with it the power
to strike out conditions or restrictions. If the veto is Constitutional requirement that HOR shall promulgate its
unconstitutional, it follows that the same produced no rules on impeachment (see CONST., Art. XI, Sec. 3[8]) is
effectwhatsoever, and the restriction imposed by the different from the publication requirement in Taada v.
appropriation bill, therefore, remains. [Bolinao Electronics Tuvera. (In the Gutierrez case, promulgation was found to
Corp v. Valencia (1964)] be sufficient.)
Doctrine of Inappropriate Provisions The SENATE shall have the sole power to try and decide all
A provision that is constitutionally inappropriate for an cases of impeachment. (sec. 3[6])
appropriation bill may be singled out for veto even if it is
not an appropriation or revenue item. [Gonzales vs By virtue of the expanded judicial review (art. VIII, sec. 1[2]),
Macaraig, (1990)] the Courts power of judicial review extends over justiciable
issues arising in impeachment proceedngs. [Francisco v.
NON-LEGISLATIVE HOR (2003)]
Informing Function
Via legislative inquiries: Conduct of legislative inquiries is BUT the question of WON Senate Impeachment Rules were
intended to benefit not only Congress but the citizenry, followed is a political question. [Corona v. Senate (2012)]
who are equally concerned with the proceedings. [Sabio v.
Gordon (2006)] Other non-legislative powers
(1) power to canvass the presidential elections;
Impeachment [CONST., Art. XI] (2) declare the existence of war;
The HOR shall have the exclusive power to initiateall cases (3) give concurrence to treaties and amnesties;
of impeachment. [sec. 3(1)] (4) propose constitutional amendments;
(5) implied powers such as the power to punish contempt
Two modes of initiation in legislative investigations.
Regular Procedure: [Sec. 3(2)(3)]
FILING by (a) any member of the HOR or (b) any citizen
upon endorsement by a member of the HOR; followed by
REFERRAL to the proper HOR committee
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privilege - invoked by U.S. Presidents, beginning with unavailability of the information elsewhere by an
Washington, on the ground that the information is of such appropriate investigating authority. [Neri v. Senate, supra.
nature that its disclosure would subvert crucial military or See Akbayan v. Aquino (2008) for application of this
diplomatic objectives. (2) Informers privilege - the privilege principle.]
of the Government not to disclose the identity of persons
who furnish information of violations of law to officers VICE-PRESIDENT
charged with the enforcement of that law. (3) Generic Qualifications, election and term of office and removal are
privilege for internal deliberations - has been said to attach same as the President, except that no Vice-President shall
to intragovernmental documents reflecting advisory serve for more than 2 successive terms.
opinions, recommendations and deliberations comprising
part of a process by which governmental decisions and The Vice-President may be appointed as member of the
policies are formulated. [Senate v. Ermita (2004)] Cabinet; such requires no confirmation by the Commission
of Appointments.
Scope: This jurisdiction recognizes the common law
holding that there is a "governmental privilege against PROHIBITIONS
public disclosure with respect to state secrets regarding Prohibited Acts
military, diplomatic and other national security matters." (1) Shall not receive any other emoluments from the
Closed-door Cabinet meetings are also a recognized government or any other source.
limitation on the right to information. (2) Unless otherwise provided in the constitution, shall not
hold any other office or employment.
Note: Executive privilege is properly invoked in relation to (a) The prohibition does not include posts occupied by
specific categories of information and not to categories of executive officials without additional compensation in
personsit attaches to the information and not the person. an ex-officio capacity, as provided by law oras required
Only the President (and the Executive Secretary, by order by the primary functions of the said officials office.
of the President) can invoke the privilege. (Senate v. Ermita, (b) The ex-officio position being actually (i.e. merely
supra). additional duty) and in legal contemplation part of the
principal office, it follows that the official concerned
Synthesis of Jurisprudential doctrines has no right to receive additional compensation for his
The following are the equisites for invoking presidential services in said position. [National Amnesty
privilege:(1) Formal claim of privilege: For the privilege to Commission v. COA (2004]
apply there must be a formal claim of the privilege. Only (3) Shall not directly or indirectly practice any other
the President or the Executive Secretary(by authority of the profession, participate in any business, or be financially
President) can invoke the privilege; and (2) Specificity interested in any contract with; or in any franchise or
requirement:A formal and proper claim of executive special privilege granted by the government or any
privilege requires a specific designation and description of subdivision, agency, or instrumentality thereof,
the documents within its scope as well as precise and including government-owned or controlled
certain reasons for preserving confidentiality. Without this corporations or their subsidiaries.
specificity, it is impossible for a court to analyze the claim (4) Strictly avoid conflict of interest in the conduct of their
short of disclosure of the very thing sought to be protected. office
[Senate v. Ermita, supra] (5) May not appoint spouse or relatives by consanguinity or
affinity within the fourth civil degree as members of
Once properly invoked, a presumption arises that it is Constitutional Commissions, or the Office of the
privileged. If what is involved is the presumptive privilege of Ombudsman, or as Secretaries, Under Secretaries,
presidential communications when invoked by the Chairmen, or heads of bureaus or offices, including
President on a matter clearly within the domain of the government-owned or controlled corporation and their
Executive, the said presumption dictates that the same be subsidiaries.
recognized and be given preference or priority, in the
absence of proof of a compelling or critical need for Who are prohibited?
disclosure by the one assailing such presumption. (Neri v. (1) President
Senate, G.R. No. 180843, March 25, 2008) (2) Vice-President,
(3) themembers of the Cabinet, and their deputies or
The following are the requisites for validity of claimneeded to assistants
be complied with in order for the claim to executive
privilege to be valid. These are: (1) Quintessential and The stricter prohibition applied to the President and his
non-delegable presidential power- power subject of the official family under art. VII, sec. 13, as compared to the
legislative inquiry must be expressly granted by the prohibition applicable to appointive officials in general
Constitution to the President, e.g commander-in-chief, under art. IX-B, sec. 7, par. 2, which is proof of the intent of
appointing, pardoning, and diplomatic powers; (2) the 1987 Constitution to treat them as a class by itself and
Operational Proximity Test: it must be authored, solicited, to impose upon said class stricter prohibitions.[Civil
and received by a close advisor of the President or the Liberties Union v. Executive Secretary (1991)]
President himself. The judicial test is that an advisor must
be in operational proximity with the President (i.e. Exceptions to rule prohibiting executive officials from
officials who stand proximate to the President, not only by holding additional positions:
reason of their function, but also by reason of their
positions in the Executives organizational structure); (3) President
Noadequate need:The privilege may be overcome by a (1) The President can assume a Cabinet post, (because the
showing of adequate need, such that the information departments are mere extensions of his personality,
sought likely contains important evidence, and by the according to the Doctrine of Qualified Political Agency,
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so no objection can be validly raised based on art. VII, (a) Call Out Power - armed forces to suppress lawless
sec. 13. violence;
(2) The President can assume ex officio positions. e.g. The (b) Suspension of Writ of Habeas Corpus- only (1) in
President is the Chairman of NEDA. (art. XII, sec. 9) times of rebellion or invasion AND (2) when
required by public safety
Vice-President (c) Martial Law N.B. does not suspend Constitution
xxx The Vice-President may be appointed as member of (7) Diplomatic Powers - including Power to Enter into
the Cabinet. Such appointment requires no confirmation Treaties
[Art. VII, Sec. 3] (8) Residual Power - to protect the general welfare of
people; founded on duty of President as steward of the
Cabinet people; includes powers unrelated to execution of any
provision of law (See Marcos v. Manglapus)
(1) The Secretary of Justice shall be an ex-officio member of
the Judicial and Bar Council. (art. VIII, sec. 8[1]) (9) Other Powers
(2) Unless otherwise allowed by law or by the primary (a) Power to Pardon - reprieve, commute, pardon, remit
fines and forfeitures after final judgment [Art. VII,
functions of his position, appointive officials shall not
hold any other office or employment in the Sec. 19(1)]
(b) Power to Grant Amnesty - with concurrence of
Government or any subdivision, agency or
majority of all members of Congress
instrumentality thereof, including government- owned
or controlled corporations or their subsidiaries. (art. IX- (c) Borrowing Power - contract or guarantee foreign
loans with concurrence of Monetary Board [Art. VII,
B, sec. 7)
(3) Art. VII, sec. 13 talks of "unless otherwise provided by Sec. 20]
the Constitution." In the case of Cabinet members, this (d) Budgetary Power -submit to congress budget of
bills and expenditures [Art. VII, Sec. 22]
refers to art. IX-B, sec. 7, par. 2.
(4) Thus, the Constitution allows a Cabinet member to (e) Informing Power address Congress during
opening of session, or at any other time [Art. VII,
hold another office provided either:
Sec. 23]
(5) such is necessitated by the primary functions of his
position (e.g. Secretary of Trade and Industry as
POWER OF APPOINTMENT
Chairman of NDC and Secretary of Agrarian Reform as
Chairman of the Land Bank) In General
(6) such is allowed by law The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the
POWERS executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from
EXECUTIVE AND ADMINISTRATIVE POWERS IN GENERAL
the rank of colonel or naval captain, and other officers
Executive power whose appointments are vested in him in this constitution.
He shall also appoint all other officers of the Government
The power to enforce, implement, and administer laws.The
president shall ensure that the laws be faithfully whose appointments are not otherwise provided for by law,
executed.[Art. VII, Sec. 17] and those whom he may be authorized by law to appoint.
The Congress may, by law, vest the appointment of other
One Executive: This power is exercised by the President.[Art. officers lower in rank in the President alone, in the courts,
or in the heads of departments, agencies, commissions or
VII, Sec. 1]
boards. [Art. VII, Sec. 16]
As administrative head of the government, the President is
Definition: the selection, by the authority vested with the
vested with the power to execute, administer and carry out
laws into practical operation. [National Electrification power, of an individual who is to exercise the functions of a
Commission vs. CA (1997)] given office.
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Note: Heads of bureaus were deliberately removed from [Art. VII, Sec. 3(2)]
the provision of appointments requiring confirmation and (2) Those whose appointments are not otherwise provided
th
were included in the 4 group and hence, their by law.
appointments no longer need confirmation. [Sarmiento v. (3) Those whom he may be authorized by law to appoint.
Mison (1987)] (4) Those other officers lower in rank whose appointment is
vested by law in the President (alone).The phraseology
Steps in the appointing process: is muddled.
Nomination by the President
Sarmiento v Mison (1987):
Const. Text: "The Congress may, by law, vest in the
appointment of other officers lower in rank in the President
Confirmation by the Commission on Appointments alone". This meant that until a law is passed giving such
appointing power to the President alone, then such
appointment has to be confirmed.
Held:The inclusion of the word "alone" was an oversight.
Issuance of the Commission Thus, the Constitution should read "The Congress may, by
law, vest the appointment of other officers lower in rank in
the President."
Acceptance by the appointee
Limitations on appointing power of the President
(1) Art. VII, sec. 13, par. 2 - The spouse and relatives by
Notes:
consanguinity or affinity within the 4th civil degree of
In the case of ad interim appointments, steps 1, 3 and 4
the President shall not, during his "tenure", be
precedes step 2.
appointed as:
(a) Members of the Constitutional Commissions;
An appointment is deemed complete only upon
(b) Member of the Office of Ombudsman;
acceptance. [Lacson v. Romero (1949)].
(c) Secretaries;
(d) Undersecretaries;
Appointment is essentially a discretionary power, the only
(e) Chairmen or heads of bureaus or offices, including
condition being that the appointee, if issued a permanent
government-owned or controlled corporations and
appointment, should possess the minimum qualification
their subsidiaries.
requirements, including the Civil Service eligibility
(2) Recess (Ad Interim) appointments:The President shall
prescribed by law for the position. This discretion also
have the power to make appointments during the
includes the determination of the nature or character of
recess of the Congress, whether voluntary or
the appointment.
compulsory, but such appointments shall be effective
only until disapproval by the Commission on
When confirmation is not required:
Appointments or until the next adjournment of the
(1) When the President appoints other government officers
Congress. (art. VII, sec. 16[2])
whose appointments are not otherwise provided for by
law;
Interim or Recess Appointments
(2) Those officers whom he may be authorized by law to
Regular and recess (ad interim) appointments
appoint(e.g. Chairman and Members of the
2 Kinds of Appointments Requiring Confirmation: (1)
Commission on Human Rights);
Regular: if the CA (Congress) is in session; and (2) Ad
(3) When Congresscreates inferior offices but omits to
Interim: during the recess of Congress (because the
provide for appointment thereto, or provides in an
CAshall meet only while Congress is in session [Art. VI, Sec.
unconstitutional manner for such appointments(See
19]
Sarmiento v. Mison)
(4) Appointment of the Vice-President as member of the
Regular appointment
Cabinet (art. VII, sec. 3)
(1) Made by the President while Congress is in session
(5) Appointments upon recommendation of the Judicial
(2) Takes effect only after confirmation by the Commission
and Bar Council see below
on Appointments (CA)
(6) Appointments solely by the President see below
(3) Once approved, continues until the end of the term of
the appointee.
Appointments Upon Recommendation of the Judicial and
Bar Council
Ad-interim appointment
Do not require confirmation by the Commission on
(1) Made by the President while Congress is not in session
Appointments.
(2) Takes effect immediately, BUTceases to be valid (1) if
(1) Members of the Supreme Court and all other courts[Art.
disapproved by the CA or (2) upon the next
VII, Sec. 9]
adjournment of Congress. [Art. VII, Sec. 16, par. 2]
For lower courts, appointment shall be issued within 90
(3) Ad interim appointments are permanent
days from submission of the list
appointments.Ad Interim appointment to the
(2) Ombudsman and his 5 deputies (for Luzon, Visayas,
Constitutional Commissions (e.g. COMELEC) are
Mindanao, general and military)[Art. XI, Sec. 9]
permanent as it takes effect immediately and can no
All vacancies shall be filled within 3 months after they
longer be withdrawn by the President once the
occur.
appointee has qualified into office. The fact that it is
subject to the confirmation of the CA does not alter its
Appointments solely by the President [Art. VII, sec. 16]
permanent character. [Matibag v. Benipayo (2002)]
(1) Those vested by the Constitution on the President alone
(e.g. appointment of Vice-President to the Cabinet)
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Career Civil Service - members of the career civil service of Supervision Control
the Civil Service who are appointed by the President may
be directly disciplined by him [Villaluz v. Zaldivar (1965)] then the former may take
such action or steps as
Serve at the pleasure of the president -Cabinet members prescribed by law to make
and such officers whose continuity in office depends upon them perform these duties.
the pleasure of the president may be replaced at any time,
but legally speaking, their separation is effected not by This does not include the
removal but by expiration of their term. power to overrule their
acts, if these acts are within
POWER OF CONTROL AND SUPERVISION their discretion.
The President shall exercise general supervision over Call out the AFP to prevent lawless violence
autonomous regions to ensure that laws are faithfully This is merely a police measure meant to quell disorder. As
executed. [Art. X, Sec. 16] such, the Constitution does not regulate its exercise
radically.
Supervision and Control, Distinguished
State of Rebellion
Supervision Control
While the Court may examine whether the power was
Overseeing or the power or Power of an officer to alter, exercised within constitutional limits or in a manner
authority of the officer to modify, nullify or set aside constituting grave abuse of discretion, none of the
see that subordinate what a subordinate officer petitioners here have, by way of proof, supported their
officers perform their had done and to substitute assertion that the President acted without factual basis.
duties, and if the latter fail the judgment of the former The President, in declaring a state of rebellion and in calling
or neglect to fulfill them, for that of the latter. out the armed forces, was merely exercising a wedding of
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her Chief Executive and Commander-in-Chief (a) The effect therefore is only to extend the periods during
powers. These are purely executive powers, vested on the which he can be detained without a warrant. When the
President by Sections 1 and 18, Article VII, as opposed to privilege is suspended, the period is extended to 72
the delegated legislative powers contemplated by Section hours.
23 (2), Article VI. (Sanlakas v. Executive Secretary [2004]) (b) What happens if he is not judicially charged nor
released after 72 hours? The public officer becomes
Exercise of Emergency Powers liable under RPC Art. 125 for "delay in the delivery of
Background: Presidential Proclamation 1017 (Declaring a detained persons."
State of National Emergency) is different from the law in (3) The right to bail shall not be impaired even when the
Sanlakas as this proclamation was woven out of the privilege of the writ of habeas corpus is suspended.
calling out and take care powers of the President (art. III, sec. 13)
joined with the temporary takeover provision under Art.
XII, section 17. PP1017 purports to grant the President, Proclaim Martial Law
without authority or delegation from Congress, to take over The Requisites in proclaiming Martial Law are:
or direct the operation of any privately-owned public utility (1) There must be an invasion or rebellion, and
or business affected with public interest. (2) Public safety requires the proclamation of martial law
all over the Philippines or any part thereof.
While the President could validly declare the existence of a
state of national emergency even in the absence of a The following cannot be done [Art. VII, Sec. 18]:
Congressional enactment, the exercise of the emergency (1) Suspend the operation of the Constitution.
powers, such as the taking over of privately-owned public (2) Supplant the functioning of the civil courts and the
utility or business affected with public interest, requires a legislative assemblies.
delegation from Congress which is the repository of (3) Confer jurisdiction upon military courts and agencies
emergency powers. (David v. Arroyo [2006]) over civilians, where civil courts are able to function.
"Open Court" doctrine. Civilians cannot be tried by
Suspend the privilege of the writ of habeas corpus military courts if the civil courts are open and
"Writ of habeas corpus" functioning.If the civil courts are not functioning, then
Is an order from the court commanding a detaining officer civilians can be tried by the military courts. Martial law
to inform the court usually contemplates a case where the courts are
(1) if he has the person in custody; and already closed and the civil institutions have already
(2) his basis in detaining that person crumbled, i.e. a "theater of war." If the courts are still
open, the President can just suspend the privilege and
"Privilege of the writ" achieve the same effect.
Is that portion of the writ requiring the detaining officer to (4) Automatically suspend the privilege of the writ of
show cause why he should not be tested. Note that it is the habeas corpus.
privilege that is suspended, not the writ itself. The President must suspend the privilege expressly.
The requisites for the suspension are: The Role of Congress (See art. VII, sec. 18, par. 1,2)
(1) There must be an invasion or rebellion, and (1) Congress may revoke the proclamation of martial law or
(2) The public safety requires the suspension. suspension of the privilege of the writ of habeas corpus
before the lapse of 60 days from the date of
Duration: Not to exceed 60 days unless extended by suspension or proclamation.
Congress. (2) Upon such proclamation or suspension, Congress shall
convene at once. If it is not in session, it shall convene
Effects of the suspension of the privilege: in accordance with its rules without need of a call
(1) The suspension of the privilege of the writ applies only within 24 hours following the proclamation or
to persons "judicially charged" for rebellion or offenses suspension.
inherent in or directly connected with invasion (art. VII, (3) Within 48 hours from the proclamation or the
sec. 18[5]). suspension, the President shall submit a report, in
(a) Such persons suspected of the above crimes can be person or in writing, to the Congress (meeting in joint
arrested and detained without a warrant of arrest. session of the action he has taken).
(b) The suspension of the privilege does not make the arrest (4) The Congress shall then vote jointly, by an absolute
without warrant legal. But the military is, in effect, majority. It has two options:
enabled to make the arrest anyway since, with the (a) To revoke such proclamation or suspension.
suspension of the privilege, there is no remedy When it so revoked, the President cannot set
available against such unlawful arrest (arbitrary aside (or veto) the revocation as he normally would
detention). do in the case of bills.
(c) The arrest without warrant is justified by the emergency (b) To extend it beyond the 60-day period of its validity.
situation and the difficulty in applying for a warrant
considering the time and the number of persons to be Congress can only so extend the proclamation or
arrested. suspension upon the initiative of the President.
(d) The crime for which he is arrested must be one related
to rebellion or invasion. As to others, the suspension of The period need not be 60 days; it could be more, as Con-
the privilege does not apply. gress would determine, based on the persistence of the
(2) During the suspension of the privilege of the writ, any emergency.
person thus arrested or detained shall be judicially
charged within 3 days, or otherwise he shall be
released. (art. VII, sec. 18[6])
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Note: If Congress fails to act before the measure expires, it There are 4 ways, then, for the proclamation or suspension to
can no longer extend it until the President again re- be lifted: (P-C-S-O)
declares the measure. (1) Lifting by the President himself
(2) Revocation by Congress
Congress cannot "validate" the proclamation or (3) Nullification by the Supreme Court
suspension, because it is already valid. (see Carpio, (4) Operation of law after 60 days
dissenting, in Fortun v. Macapagal-Arroyo, infra)
Cf. RA 7055 (1991) "An Act Strengthening Civilian
If Congress extends the measure, but before the period of Supremacy over the Military by Returning to the Civil Courts
extension lapses the requirements for the proclamation or the Jurisdiction over Certain Offenses involving Members of
suspension no longer exist, Congress can lift the extension, the Armed Forces of the Philippines, other Persons Subject to
since the power to confer implies the power to take back. Military Law, and the Members of the Philippine National
Police, Repealing for the Purpose Certain Presidential
The Role of the Supreme Court(See Art. VII, Sec. 18, par. 3) Decrees"
(1) The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the RA 7055 effectively placed upon the civil courts the
factual basis of: jurisdiction over certain offenses involving members of the
(a) the proclamation of martial law or the suspension AFP and other members subject to military law.
of the privilege of the writ, or
(b) the extension thereof. It must promulgate its RA 7055 provides that when these individuals commit
decision thereon within 30 days from its filing. crimes or offenses penalized under the RPC, other special
(c) Note: Calling-out power is purely discretionary on penal laws, or local government ordinances, regardless of
the President; the Constitution does not explicitly whether civilians are co-accused, victims, or offended
provide for a judicial review of its factual basis.[IBP v. parties which may be natural or juridical persons, they
Zamora (2001)] shall be tried by the proper civil court, exceptwhen the
offense, as determined before arraignment by the civil
(2) The jurisdiction of the SC may be invoked in a proper court, is service-connected in which case it shall be tried by
case. court-martial.
Although the Constitution reserves to the Supreme The assertion of military authority over civilians cannot rest
Court the power to review the sufficiency of the factual on the President's power as Commander in Chief or on any
basis of the proclamation or suspension in a proper theory of martial law. As long as civil courts remain open
suit, it is implicit that the Court must allow Congress to and are regularly functioning, military tribunals cannot try
exercise its own review powers, which is automatic and exercise jurisdiction over civilians for offenses
rather than initiated. Only when Congressdefaults in its committed by them and which are properly cognizable by
express duty to defend the Constitution through such civil courts. To hold otherwise is a violation of the right to
review shouldthe Supreme Court step in as its final due process. [Olaguer v. Military Commission No. 34 (1987)]
rampart. The constitutional validity of thePresidents
proclamation of martial law or suspension of the writ of
PARDONING POWER
habeas corpus isfirst a political question in the hands of Nature of Pardoning Power
Congress before it becomes a justiciable one in the
Power to reprieve, commute, pardon, remit fines and
hands of the Court.
forfeitures after final judgment [Art. VII, Sec. 19(1)]
If the Congress procrastinates or altogether fails to
Forms of executive clemencies
fulfill its duty respecting the proclamation or (1) Reprieves - a temporary relief from or postponement of
suspension within the short time expected of it, then execution of criminal penalty or sentence or a stay of
the Court can step in, hear the petitions challenging
execution. (BLACKS LAW DICTIONARY). It is the
the Presidents action, and ascertain if it has a factual withholding of a sentence for an interval of time, a
basis. [Fortun v. Macapagal-Arroyo (2012)]
postponement of execution, a temporary suspension of
execution. [People vs. Vera (1937)]
(3) Petition for habeas corpus (2) Commutations - Reduction of sentence. [Blacks Law
(a) When a person is arrested without a warrant for
Dictionary]. It is a remission of a part of the
complicity in the rebellion or invasion, he or punishment; a substitution of a less penalty for the one
someone else in his behalf has the standing to originally imposed. (Vera, supra)
question the validity of the proclamation or
(3) Amnesty - a sovereign act of oblivion for past acts,
suspension. granted by government generally to a class of persons
(b) Before the SC can decide on the legality of his
who have been guilty usually of political offenses and
detention, it must first pass upon the validity of the
who are subject to trial but have not yet been con-
proclamation or suspension. victed, and often conditioned upon their return to
obedience and duty within a prescribed time. (BLACKS;
(4) Limit on Calling out Power. Test of Arbitrariness: The Brown v. Walker, 161 US 602).
question is not whether the President or Congress Requires concurrence of majority of all members of
acted correctly, but whether he acted arbitrarily in that
Congress (art. VII, sec. 19)
the action had no basis in fact. [IBP v. Zamora, (2000)].
Amounts to a determination of whether or not there
(4) Pardons - Permanent cancellation of sentence.
was grave abuse of discretion amounting to ack or
[BLACKS] It is an act of grace proceeding from the
excess of jurisdiction. power entrusted with the execution of the laws, which
exempts the individual on whom it is bestowed, from
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the punishment the law inflicts for the crime he has Application of Pardoning Powers to Admin. Cases
committed. It is a remission of guilt, a forgiveness of (1) If the President can grant reprieves, commutations and
the offense. [Vera, supra] pardons, and remit fines and forfeitures in criminal
cases, with much more reason can she grant executive
Plenary or partial. (1) Plenary - extinguishes all the clemency in administrative cases, which are clearly less
penalties imposed upon the offender, including accessory serious than criminal offenses.
disabilities. (2) Partial does not extinguish all penalties (2) However, the power of the President to grant executive
imposed clemency in administrative cases refers only to
administrative cases in the Executive branch and not in
Absolute or conditional. (1) Conditional - the offender has the Judicial or Legislative branches of the govt. [Llamas
the right to reject the same since he may feel that the v. Executive Secretary (1991)]
condition imposed is more onerous than the penalty
sought to be remitted. (2) Absolute pardon - pardonee has Removal of administrative penalties
no option at all and must accept it whether he likes it or Removal of Administrative Penalties or Disabilities - In
not. In this sense, an absolute pardon is similar to meritorious cases and upon recommendation of the (Civil
commutation, w/c is also not subject to acceptance by the Service) Commission, the President may commute or
offender. remove administrative penalties or disabilities imposed
upon officers or employees in disciplinary cases, subject to
Limitations on PARDON.(1) Cannot be granted on such terms and conditions as he may impose in the
impeachment cases.(art. VII, sec. 19).(2) Cannot be granted interest of the service. [Sec. 53, Chapter 7, Subtitle A, Title I,
in cases of violation of election laws without the favorable Book V, Administrative Code of 1987 ]
recommendation of the COMELEC. (art. IX-C, sec. 5).(3)
Can be granted only after conviction by final judgment Who may avail of amnesty?
(People v. Salle, 250 SCRA 581)(4) Cannot absolve the (Asked 5 times in the Bar; answers from case law)
convict of civil liability.(5) Cannot be granted to cases of
legislative contempt or civil contempt.(6) Cannot restore Amnesty Proclamation No. 76 applies even to
public offices forfeited, even if pardon restores the Hukbalahaps already undergoing sentence upon the date
eligibility for said offices. [Monsanto v. Factoran (1989)] of its promulgation. The majority of the Court believes that
by its context and pervading spirit the proclamation
Pardon Amnesty extends to all members of the Hukbalahap. [Tolentino v.
Infractions of peace of the Addressed to Political Catoy (1948)]
state Offenses
Granted to individuals To classes of persons The SC agreed with the Sandiganbayan that in fact the
petitioners were expressly disqualified from amnesty. The
Exercised solely by the Requires concurrence of acts for which they were convicted were ordinary crimes
executive Congress without any political complexion and consisting only of
Private act which must be Public act which the courts diversion of public funds to private profit. The amnesty
pleaded and proved could take judicial notice proclamation covered only acts in the furtherance of
Looks forward and relieves Looks backward and puts resistance to duly constituted authorities of the Republic
the pardonee of the into oblivion the offense and applies only to members of the MNLF, or other anti-
consequences of the itself. government groups. [Macagaan v. People (1987)]
offense
Extended after final May be extended at any DIPLOMATIC POWER
judgment stage Scope of Diplomatic Power-The President, being the head
of state, is regarded as the sole organ and authority in
(5) Remit fines and forfeitures, after conviction by final external relations and is the countrys sole representative
judgment with foreign nations. As the chief architect of foreign
policy, the President acts as the countrys mouthpiece with
Exceptions: respect to international affairs.
(a) In cases of impeachment, and
(b) As otherwise provided in this Constitution The President is vested with the authority:
For election offenses- No pardon, amnesty, parole or (1) to deal with foreign states and governments;
suspension of sentence for violation of election laws, rules, (2) extend or withhold recognition;
and regulations shall be granted by the President without (3) maintain diplomatic relations;
the favorable recommendation by the Commission on (4) enter into treaties; and
Elections. [Art. IX, sec. 5] (5) transact the business of foreign relations. [Pimentel v.
Executive Secretary (2005)]
Probation - disposition where a defendant after conviction
and sentence is released subject to (1) conditions imposed Treaty-making power
by the court and (2) supervision of a probation officer.(PD No treaty or international agreement shall be valid and
No. 968, sec. 3[a]) effective unless concurred in by at least two-thirds of all
the members of the Senate. [Art. VII, sec. 21]
Parole- suspension of the sentence of a convict granted by
a Parole Board after serving the minimum term of the Treaty - as defined by the Vienna Convention on the Law of
indeterminate sentence penalty, without granting a Treaties, an international instrument concluded between
pardon, prescribing the terms upon which the sentence States in written form and governed by international law,
shall be suspended. (REYES) whether embodied in a single instrument or in two or more
related instruments, and whatever its particular
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designation. [Bayan v. Executive Secretary (2000)] and undemocratic. [Qua Chee Gan v. Deportation Board
(1963)]
Other terms for a treaty: act, protocol, agreement,
compromis d arbitrage, concordat, convention, declaration, 2 ways of deporting an undesirable alien. (1) by order of the
exchange of notes, pact, statute, charter and modus President after due investigation, pursuant to sec. 69 of the
vivendi. Revised Administrative Code; (2) by the Commissioner of
Immigration under section 37 of the immigration Law [Qua
Note:It is the President who RATIFIES a treaty (not the Chee Gan v. Deportation Board, supra]
Senate), the Senate merely CONCURES. [Bayan v.
Executive Secretary, supra] Scope of the power
(1) The Deportation Board can entertain deportation based
The President cannot be compelled to submit a treaty to on grounds not specified in sec. 37 of the Immigration
the Senate for concurrence; she has the sole power to Law. The Board has jurisdiction to investigate the alien
submit it to the Senate and/or to ratify it. [Bayan Muna v. even if he had not been convicted yet.
Romulo (2011)] (2) The Presidents power to deport aliens and to
investigate them subject to deportation are provided in
Executive Agreements the Revised Administrative Code.
(1) Entered into by the President (3) The State has inherent power to deport undesirable
(2) Need no concurrence aliens. This power is exercised by the President.
(3) Distinguished from treaties- International agreements (4) There is no legal orconstitutional provision defining the
involving political issues or changes in national policy power to deport aliens because the intention of the law
and those involving international agreements of is to grant the Chief Executive the full discretion to
permanent character usually take the form of determine whether an aliens residence in the country
TREATIES. But the international agreements involving is so undesirable as to affect the security, welfare or
adjustments in detail carrying out well-established interest of the state.
national policies and traditions and those involving a (5) The Chief Executive is the sole and exclusive judge of
more or less temporary character usually take the form the existence of facts which would warrant the
of EXECUTIVE AGREEMENTS. [Commissioner of deportation of aliens. [Go Tek v. Deportation Board
Customs vs. Eastern Sea Trading (1961)] (1977)]
(4) Executive agreements may be entered into with other
states and are effective even without the concurrence POWERS RELATIVE TO APPROPRIATION MEASURES
of the Senate. From the point of view of international
law, there is no difference between treaties and Contracting and guaranteeing foreign loans
executive agreements in their binding effect upon Requisites for contracting and guaranteeing foreign loans:
states concerned as long as the negotiating (1) With the concurrence of the monetary board [Art. VII,
functionaries have remained within their powers. The Sec. 20]
distinction between an executive agreement and a treaty (2) subject to limitations as may be provided by law [Art.
is purely a constitutional one and has no international XII, Sec. 2]
legal significance. [USAFFE Veterans Assn. v. Treasurer (3) information on foreign loans obtained or guaranteed
(1959)] shall be made available to the public [Art. XII, Sec. 2]
Two Classes of Executive Agreements. (1) Agreements Cf. Republic Act 4860
made purely as executive acts affecting external relations An Act Authorizing The President Of The Philippines To
and independent of or without legislative authorization, Obtain Such Foreign Loans And Credits, Or To Incur Such
which may be termed as presidential agreements; and (2) Foreign Indebtedness, As May Be Necessary To Finance
Agreements entered into in pursuance of acts of Congress, Approved Economic Development Purposes Or Projects,
or Congressional-Executive Agreements. And To Guarantee, In Behalf Of The Republic Of The
Philippines, Foreign Loans Obtained Or Bonds Issued By
Although the President may, under the American Corporations Owned Or Controlled By The Government Of
constitutional system enter into executive agreements The Philippines For Economic Development Purposes
without previous legislative authority, he may not, by Including Those Incurred For Purposes Of Re-Lending To
executive agreement, enter into a transaction which is The Private Sector, Appropriating The Necessary Funds
prohibited by statutes enacted prior thereto. He may not Therefore, And For Other Purposes (Approved, September
defeat legislative enactments that have acquired the 8, 1966.)
status of lawby indirectly repealing the same through an
executive agreement providing for the performance of the Role of Congress:The President does not need prior
very act prohibited by said laws. [Gonzales v Hechanova approval by the Congress
(1963)] (1) Because the Constitution places the power to check the
Once the Senate performs the power to concur with Presidents power on the Monetary Board;
treaties or exercise its prerogative within the boundaries (2) BUT Congress may provide guidelines and have them
prescribed by the Constitution, the concurrence cannot be enforced through the Monetary Board
viewed as an abuse of power, much less a grave abuse of
discretion. [Bayan v. Executive Secretary, supra, on the
constitutionality of the Visiting Forces Agreement]
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VETO POWER
Emergency powers
In times of war or other national emergency, the Congress, General rule: all bills must be approved by the President
before they become law
may, by law, authorize the President, for a limited period,
and subject to such restrictions as it may prescribe, to
Exceptions:
exercise powers necessary and proper to carry out a
(1) The veto of the President is overridden by 2/3 vote of all
declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the Members of the House where it originated;
(2) The bill lapsed into law because the inaction of the
the next adjournment thereof. [Art. VI, Sec. 23]
President; and
Different from the Commander-in-Chief clause: (3) The bill passed is the special law to elect the President
and Vice-President.
(1) When the President acts under the Commander-in-
Chief clause, he acts under a constitutional grant of
This gives the President an actual hand in legislation.
military power, which may include the law-making
However, his course of action is only to approve it or veto it
power.
(2) When the President acts under the emergency power, as a whole.(see Legislative Power of Congress)
he acts under a Congressional delegation of law-
making power. It is true that the Constitution provides a mechanism for
overriding a veto [Art. VI, Sec. 27(1)]). Said remedy, however,
is available only when the presidential veto is based on
Meaning of power necessary and proper - Power to issue
rules and regulations policy or political considerations but not when the veto is
claimed to be ultra vires. In the latter case, it becomes the
duty of the Court to draw the dividing line where the
This power is:
(1) for a limited period, and exercise of executive power ends and the bounds of
legislative jurisdiction begin. [PHILCONSA v Enriquez
(2) subject to such restrictions as Congress may provide.
(1994)]
When Emergency Powers cease
EXECUTIVE PRIVILEGE
(1) According to the text of the Constitution - The power
ceases: See discussion under Presidential Privilege.
(a) upon being withdrawn by resolution of the
RESIDUAL POWERS
Congress; or
(b) if Congress fails to adopt such resolution, upon the General doctrine:The President has unstated residual
powers, which are implied from the grant of executive power
next (voluntary) adjournment of Congress.
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necessary for her to comply with her Constitutional duties, only by two standards: (1) there must be a factual basis for
such as to safeguard and protect the general welfare. It the impairment of the Marcoses right to return (as
includes powers unrelated to the execution of any distinguished from their right to travel, which is a
provision of law. [See Marcos v. Manglapus (1988)] constitutional right); and (2) the impairment must not be
In Marcos v. Manglapus, supra, the Court held that then- arbitrary.
President Corazon Aquino had the power to prevent the N.B. The decision was pro hac vice.
Marcoses from returning to the Philippines on account of
the volatile national security situation. This was limited
RULES ON SUCCESSION
PRESIDENT
Death or permanent disability of the Vice-President-elect shall become
President-elect President
President-elect fails to qualify Vice-President-elect shall act as
President until the President-elect
shall have qualified
President shall not have been chosen Vice-President-elect shall act as
President until a President shall
Vacancy have been chosen and qualified.
at the No President and Vice-President Senate President or, incase of his In the event of inability of the SP
Beginning chosen nor shall have qualified, or inability, Speaker of the House of and Speaker, Congress shall, by
of the both shall have died or become Representatives, shall act as law, provide for the manner in
term permanently disabled President until a President or a which one who is to act as
Vice-President shall have been President shall be selected until a
chosen and qualified. President or Vice-President shall
have qualified.
Death, permanent disability, removal Vice-President shall become
from office, or resignation of the President
President
Vacancy Death, permanent disability, Senate President or, in case of his Congress, by law, shall provide for
during removal from office, or resignation of inability, the Speaker of the House the manner in which one is to act
the term President ANDVice-President of Representatives, shall act as as President in the event of inability
President until a President or Vice- of the SP and Speaker.
President shall be elected and
qualified.
When President transmits to the Such powers and duties shall be
Senate President and the Speaker of discharged by the Vice-President as
the House his written declaration Acting President, until the
that he is unable to discharge the President transmits to them a
powers and duties of his office written declaration to the contrary
When a Majority of all the members The Vice-President shall
of the Cabinet transmit to the immediately assume the powers
Senate President and the Speaker and duties of the office as Acting
their written declaration that the President until the President
President is unable to discharge the transmits to the Senate President
powers and duties of his office and Speaker his written declaration
that no inability exists.
If after the President transmits his Congress determines by a 2/3 vote Congress shall convene, if not in
Temporary declaration of his ability to discharge of both houses, voting separately, session, within 48 hours. And if
disability his office, and a majority of that the President is unable to within 10 days from receipt of the
members of the Cabinet transmit discharge the powers and duties of last written declaration or, if not in
within 5 days to the Senate his office, the Vice-President shall session, within 12 days after it is
President and Speaker their written act as President; otherwise, the required to assemble.
declaration that the President is President shall continue exercising
unable to discharge the powers and the powers and duties of his office
duties of his office, Congress shall
decide the issue.
Convening of Congress cannot be suspended nor the
CONSTITUTIONAL DUTY OF CONGRESS IN CASE OF VACANCY IN THE special election postponed. xxx No special election shall be
OFFICES OF PRESIDENT AND VICE-PRESIDENT called if the vacancy occurs within 18 months before the
rd
At 10 oclock in the morning of the 3 day after the vacancy date of the next presidential election.
occurs, Congress shall convene without need of a call, and
within 7 days enact a law calling for a special election to VICE-PRESIDENT
The President shall nominate a Vice-President from
elect a President and a Vice-President to be held not earlier among the members of the Senate and the House of
than 45 nor more than 60 days from the time of such call. Representatives who shall assume office upon
The bill shall be deemed certified and shall become law confirmation by a majority vote of all the members of both
upon its approval on third reading by Congress. xxx the houses of Congress voting separately. [Art. VII, Sec. 9]
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Vested in: Supreme Court and in such lower courts as may Locus standi
be established by law. Standing NOT the same as real party in interest
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N.B. The reckoning point is the first competent court.The assumed jurisdiction whenever it found constitutionally-
question must be raised at the first court with judicial review imposed limits on the exercise of powers conferred upon
powers. Hence, the failure to raise the constitutional the Legislative and Executive branches [BERNAS].
question before the NLRC is not fatal to the case. [See
Serrano v. Gallant Maritime Services (2009] Political Question Justiciable Controversy
(2) Lis Mota Alejandrino v. Quezon Avelino v. Cuenco, (1949):
Decision on the constitutional question must be (1924): The legislatures election of Senate
determinative of the case itself. exercise of disciplinary President was done
power over its member is without the required
The reason for this is the doctrine of separation of powers not to be interfered with by quorum
which requires that due respect be given to the co-equal the Court.
branches, and because of the grave consequences of a Vera v. Avelino, (1946): Taada v. Cuenco, (1957):
declaration of unconstitutionality. [De la Llana v. Alba inherent right of the The selection of the
(1982)] legislature to determine members of the Senate
who shall be admitted to Electoral Tribunal is
OPERATIVE FACT DOCTRINE its membership subject to constitutional
General Rule:The interpretation (or declaration) of limitations.
unconstitutionality is retroactive in that it applies from the Severino v. Governor- Cunanan v. Tan, Jr., (1962):
laws effectivity General (1910): Mandamus The Commission on
and injunction could not lie Appointments is a
Exception: to enforce or restrain a constitutional creation and
OPERATIVE FACT DOCTRINE Subsequent declaration of duty which is discretionary does not derive its power
unconstitutionality does not nullify all acts exercised in line (calling a special local from Congress.
with [the law].The past cannot always be erased by a new election).
judicial declaration. [Municipality of Malabang v. Benito Manalang v. Quitoriano, Lansang v. Garcia(1971):
(1969), citing Chicot County] (1954): Presidents Suspension of the privilege
appointing power is not to of the writ of habeas corpus
Effect of a Declaration of Unconstitutionality be interfered with by the is not a political question.
(1) Orthodox view - An unconstitutional act is not a law; it Court.
confers no rights; it imposes no duties; it affords no Javellana v. Executive
protection; it creates no office; it is inoperative, as if it Secretary(1973): WON the
had not been passed at all. 1973 Constitution had been
(2) Modern view - Certain legal effects of the statute prior ratified in accordance with
to its declaration of unconstitutionality may be the 1935 Constitution is
recognized. justiciable.
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(7) The SC has exclusive power to discipline judges of lower But see Francisco v. House of Representatives (2001). At
courts. [Art. VIII, Sec. 11] the same time, the Court has the duty to determine
The Ombudsman is duty bound to refer to the SC all whether or not there has been grave abuse of
cases against judges and court personnel, so SC can discretionby any instrumentality of government under
determine first whether an administrative aspect is its expanded judicial review powers. (This allowed the
involved. The Ombudsman cannot bind the Court that SC to interfere in a traditionally purely political process,
a case before it does or does not have administrative i.e. impeachment, when questions on compliance with
implications. [Caoibes v. Ombudsman (2001)] Constitutional processes were involved.)
(8) The members of the SC and all lower courts have
security of tenure, w/c cannot be undermined by a law Guidelines for determining whether a question is political or
reorganizing the judiciary. [Id.] not: [Baker v. Carr (369 US 186), as cited in Estrada v.
(9) They shall not be designated to any agency performing Desierto (2001)]:
quasi-judicial or administrative functions. [Art. VIII, Sec. (1) There is a textually demonstrable constitutional
12] commitment of the issue to a political department;
Administrative functions are those thatinvolve (2) Lack of judicially discoverable and manageable
regulation of conduct of individuals or promulgation of standards for resolving it;
rules to carry out legislative policy. Judges should (3) The impossibility of deciding without an initial policy
render assistance to a provincial committee of justice determination of a kind clearly for non-judicial
(which is under DOJ supervision) only when it is discretion;
reasonably incidental to their duties. [In Re Manzano (4) Impossibility of a courts undertaking independent
(1988)] resolution without expressing lack of the respect due
(10) The salaries of judges may not be reduced during their coordinate branches of government;
continuance in office. [Art. VIII, Sec. 10] (5) An unusual need for unquestioning adherence to a
(11) The judiciary shall enjoy fiscal autonomy. [Art. VIII, Sec. political decision already made;
3] (6) Potentiality of embarrassment from multifarious
Fiscal autonomy means freedom from outside control. pronouncements by various departments on one
As the Court explained in Bengzon v. Drilon: As question
envisioned in the Constitution, the fiscal autonomy
enjoyed by the Judiciary, the Civil Service Commission APPOINTMENTS TO THE JUDICIARY
and the Commission on Audit, the Commission on SYNTHESIS OF CONSTITUTIONAL AND STATUTORY QUALIFICATIONS
Elections, and the Office of the Ombudsman SC and Collegiate MTC/ MCTC
RTC Judge
contemplates a guarantee of full flexibility to allocate Courts Justice Judge
and utilize their resources with the wisdom and dispatch Citizenship
that their needs require. It recognizes the power and
authority to levy, assess and collect fees, fix rates of Natural-born
Filipino citizen
compensation not exceeding the highest rates Filipino
authorized by law for compensation and pay plans of Age
the government and allocate and disburse such sums
At least 40 years old At least 35 At least 30
as may be provided by law or prescribed by them in the
years old years old
course of the discharge of their functions. [In re:
Clarifying and Strengthening the Organizational Experience
Structure and Set-up of the Philippine Judicial Academy, 15 years or more as a Has been engaged for at least 5
A.M. No. 01-1-04-SC] judge or a lower years in the practice of law* in the
(12) The SC alone may initiate rules of court. [Art. VIII, Sec. court or has been PHLor has held public office in
5(5)] engaged in the the PHL requiring admission to
(13) Only the SC may order the temporary detail of practice of law in the the practice of law as an
judges.[Art. VIII, Sec. 5(3)] PHL for the same indispensable requisite
(14) The SC can appoint all officials and employees of the period
judiciary.[Art. VIII, Sec. 5(6)]
JUDICIAL RESTRAINT
The judiciary will not interfere with its co-equal branches Tenure
when: Hold office during good behavior until they reach the age
(1) There is no showing of grave abuse of discretion of 70 or
(a) PPA v. Court of Appeals: If there is no showing of become incapacitated to discharge their duties
grave abuse of discretion on the part of a branch or Character
instrumentality of the government, the court will
decline exercising its power of judicial review. Person of proven competence, integrity, probity and
(b) Chavez v. COMELEC: Judicial review shall involve independence
only those resulting to grave abuse of discretion by
virtue of an agencys quasi-judicial powers, and not *Practice of law is not confined to litigation. It means any
those arising from its administrative functions. activity in and out of court, which requires the application
of law, legal procedure, knowledge, training and
(2) The issue is a political question. experience. [Cayetano v. Monsod (1991)]
Even when all requisites for justiciability have been
met, judicial review will not be exercised when the issue CONSTITUTIONAL REQUIREMENTS (CANNOT BE REDUCED BY LAW)
involves a political question. Supreme Court Justice
(1) Natural born citizens
(2) At least 40 years of age
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Supreme Court refused, invoking judicial privilege. (3) Civil Service Commission
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fraud, or other analogous causes; and (c) after the voting The Commission on Elections may sit en banc or in two
and during the preparation and transmission of the divisions, and shall promulgate its rules of procedure in
election returns or in the custody or canvass thereof such order to expedite disposition of election cases, including
election results in a failure to elect on account of force pre-proclamation controversies. All such election cases
majeure, violence, terrorism, fraud or other analogous shall be heard and decided in division, provided that
causes. [Sison v. COMELEC (1999)] motions for reconsideration of decisions shall be decided by
the Commission en banc. [Art. IXC, Sec. 3]
(4) Decide administrative questions pertaining to election
except the right to vote(jurisdiction with the judiciary). Cases which must be heard by division
(1) All election cases, including pre-proclamation contests
(5) File petitions in court for inclusion or exclusion of originally cognizable by the Commission in the exercise
voters. of its powers under Sec. 2(2), Art IX-C.
(2) Jurisdiction over a petition to cancel a certificate of
(6) Investigate and prosecute cases of violations of election candidacy.
laws. (3) Even cases appealed from the RTC or MTC have to be
heard and decided in division before they may be heard
The COMELEC has exclusive jurisdiction to investigate and en banc.
prosecute cases for violations of election laws. [De Jesus v.
People (1983)] If the COMELEC exercises its quasi-judicial functions then
the case must be heard through a division.
Thus, the trial court was in error when it dismissed an
information filed by the Election Supervisor because the If the COMELEC exercises its administrative functions then
latter failed to comply with the order of the Court to secure it must act en banc. [Bautista v. COMELEC, 414 (2003)].
the concurrence of the Prosecutor. [People v. Inting (1990)]
However, the COMELEC may validly delegatethis power to Composition: A Chairman and 6 Commissioners.
the Provincial Fiscal. [People v. Judge Basilia (1989)]
Qualifications:
(7) Recommend pardon, amnesty, parole or suspension of (1) Must be natural-born citizens;
sentence of election law violators. (2) At least 35 years of age;
(3) Holders of a college degree;
(8) Deputize law enforcement agencies and (4) Have not been candidates in the immediately preceding
instrumentalities of the Government for the exclusive election;
purpose of ensuring free, orderly, honest, peaceful, and (5) Majority, including the Chairman, must be members of
credible elections. the Philippine Bar who have been engaged in the
practice of law for at least 10 years. [Art. IX-C, Sec. 1]
(9) Recommend to the President the removal of any officer
or employee it has deputized for violation or disregard COMMISSION ON AUDIT
of, or disobedience to its directive. Powers and Functions
(A) Examine, audit, and settle accounts pertaining to
(10) Registration of political parties, organizations and government funds or property: its revenue, receipts,
coalitions and accreditation of citizens arms. expenditures, and uses
(11) Regulation of public utilities and media of information. Post-audit basis:
The law limits the right of free speech and of access to (1) Constitutional bodies, commissions and offices;
mass media of the candidates themselves. The (2) Autonomous state colleges and universities;
limitation however, bears a clear and reasonable (3) GOCCs with no original charters and their
connection with the objective set out in the subsidiaries;
Constitution. For it is precisely in the unlimited (4) Non-governmental entities receiving subsidy or
purchase of print space and radio and television time equity, directly or indirectly, from or through the
that the resources of the financially affluent candidates Government, which are required by law or the
are likely to make a crucial difference. The purpose is to granting institution to submit such audit as a
ensure "equal opportunity, time, and space, and the right condition of subsidy or equity.
to reply," as well as uniform and reasonable rates of
charges for the use of such media facilities, in (B) Exclusive Authority to
connection with "public information campaigns and (1) Define the scope of its audit and examination;
forums among candidates." [National Press Club v. (2) Establish techniques and methods required ;
COMELEC (1992)] (3) Promulgate accounting and auditing rules and
regulations.
Note: This power may be exercised only over the media, not
over practitioners of media. Thus, a COMELEC resolution Note: Art. IX-D, sec. 3.No law shall be passed exempting
prohibiting radio and TV commentators and newspaper any entity of the Government or its subsidiaries in any
columnists from commenting on the issues involved in the guise whatever, or any investment of public funds, from the
forthcoming plebiscite for the ratification of the organic jurisdiction of the Commission on Audit.
law establishing the CAR was held invalid. [Sanidad v.
COMELEC (1990)] Composition: A Chairman and 2 Commissioners
(12) Decide election cases Qualifications:
(1) Natural born Filipino citizens
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will be applied, and the case will be brought to the (3) Those whose mothers are citizens of the Philippines
Court of Appeals. and, upon reaching the age of majority, elect Philippine
citizenship;
ADMINISTRATIVE (4) Those who are naturalized in accordance with law. [Art.
Each Commission shall appoint its own officials in IV, Sec. 1]
accordance with law [Art. IX-A, Sec. 4]
The following persons were citizens of the Philippines on
Each Commission En Banc may promulgate its own rules May 14, 1935 the date of the adoption of the 1935
concerning pleadings and practices before it [Art. IX-A, Constitution:
Sec.6] (1) Persons born in the Philippine Islands who resided
therein on April 11, 1899 and were Spanish subjects on
But these rules shall not diminish, increase or modify that date, unless they had lost their Philippine
substantive rights citizenship on or before May 14, 1935.
(2) Natives of the Spanish Peninsula who resided in the
Each Commission shall perform such other functions as Philippines on April 11, 1899, and who did not declare
may be provided by law[Art. IX-A, Sec. 8] their intention of preserving their Spanish nationality
between that date and October 11, 1900, unless they
had lost their Philippine citizenship on or before May
14, 1935.
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Special Qualifications [C.A. 473, Sec. 3] ANY will result to Judgment directing the issuance of a certificate of
reduction of 10-year period to 5 years naturalization is a mere grant of a political privilege and
(1) Having honorably held office under the Government of that neither estoppel nor res judicata may be invoked to bar
the Philippines or under that of any of the provinces, the State from initiating an action for the cancellation or
cities, municipalities, or political subdivisions thereof; nullification of the certificate of naturalization thus issued.
(2) Established a new industry or introduced a useful [Yao Mun Tek v. Republic (1971)]
invention in the Philippines;
(3) Married to a Filipino woman; DUAL CITIZENSHIP AND DUAL ALLEGIANCE
(4) Engaged as a teacher in the Philippines in a public or DUAL CITIZENSHIP
recognized private school not established for the Allows a person who acquires foreign citizenship to
exclusive instruction of children of persons of a simultaneously enjoy the rights he previously held as a
particular nationality or race, in any of the branches of Filipino citizen.
education or industry for a period of 2 years or more;
(5) Born in the Philippines. DUAL ALLEGIANCE
(1) Aliens who are naturalized as Filipinos but remain loyal
Disqualifications [C.A. 473, Sec. 4] to their country of origin
(1) Persons opposed to organized government or affiliated (2) Public officers who, while serving the government, seek
with groups who uphold and teach doctrines opposing citizenship in another country
all organized governments;
(2) Persons defending or teaching the necessity or Dual citizens are disqualified from running for any
propriety of violence, personal assault, or assassination elective local position. (LOCAL GOVERNMENT CODE, sec. 40[d]);
for the success of their ideas; this should be read as referring to dual allegiance (see
(3) Polygamists or believers in polygamy; below)
(4) Persons convicted of crimes involving moral turpitude;
(5) Persons suffering from mental alienation or incurable Once a candidate files his candidacy, he is deemed to have
contagious diseases; renounced his foreign citizenship in case of dual
(6) Persons who during the period of their stay, have not citizenship. [Mercado v. Manzano (1999)]
mingled socially with the Filipinos, or who have not
evinced a sincere desire to learn and embrace the Clearly, in including sec. 5 in Article IV on citizenship, the
customs, traditions, and ideals of the Filipinos; concern of the Constitutional Commission was not with
(7) Citizens or subjects of nations with whom the dual citizens per se but with naturalized citizens who
Philippines is at war maintain their allegiance to their countries of origin even
(8) Citizens or subjects of a foreign country other than the after their naturalization. Hence, the phrase dual
United States, whose laws do not grant Filipinos the citizenship in R.A. No. 7160, sec. 40(d) and in R.A. No.
right to become naturalized citizens or subject thereof; 7854, sec. 20 must be understood as referring to dual
allegiance.
DENATURALIZATION
Process by which grant of citizenship is revoked. Consequently, persons with mere dual citizenship do not
fall under this disqualification. For candidates with dual
Grounds [C.A. 473, Sec. 18] upon the proper motion of the citizenship, it should suffice if, upon the filing of their
Sol. Gen. or the provincial fiscal, naturalization may be certificates of candidacy, they elect Philippine citizenship
cancelled when to terminate their status as persons with dual citizenship
(1) Naturalization certificate was fraudulently or illegally considering that their condition is the unavoidable
obtained [See Po Soon Tek v. Republic (1974)] consequence of conflicting laws of different states.
(2) If, within the five years next following the issuance, he
shall return to his native country or to some foreign LOSS AND REACQUISITION OF FILIPINO CITIZENSHIP
country and establish his permanent residence there GROUNDS FOR LOSS OF CITIZENSHIP
Remaining for more than one year in his native country (1) Naturalization in a foreign country [C.A. 63, sec.1(1)];
or the country of his former nationality, or two years in (2) Express renunciation or expatriation [Sec.1(2), CA 63];
any other foreign country, shall be considered as prima (3) Taking an oath of allegiance to another country upon
facie evidence of his intention of taking up his reaching the age of majority;
permanent residence in the same; (4) Accepting a commission and serving in the armed
(3) Petition was made on an invalid declaration of forces of another country, unless there is an offensive/
intention; defensive pact with the country, or it maintains armed
(4) Minor children of the person naturalized failed to forces in RP with RPs consent;
graduate from the schools mentioned in sec. 2, through (5) Denaturalization;
the fault of their parents, either by neglecting to support (6) Being found by final judgment to be a deserter of the
them or by transferring them to another school or AFP;
schools. (7) Marriage by a Filipino woman to an alien, if by the laws
(5) If he has allowed himself to be used as a dummy in of her husbands country, she becomes a citizen
violation of the Constitutional or legal provision thereof.
requiring Philippine citizenship as a requisite for the
exercise, use or enjoyment of a right, franchise or Expatriation is a constitutional right. No one can be
privilege. compelled to remain a Filipino if he does not want to. [Go
Gullian v. Government]
Naturalization is never final and may be revoked if one
commits acts of moral turpitude. [Republic v. Guy (1982)] Exception: A Filipino may not divest himself of Philippine
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citizenship in any manner while the Republic of the to all attendant liabilities and responsibilities under
Philippines is at war with any country. [C.A. 63, sec. 1(3)] existing laws of the Philippines and the following
conditions:
Loss of Philippine citizenship cannot be (1) Those intending to exercise their right of suffrage must
presumed.Considering the fact that admittedly, Osmea meet the requirements under Sec. 1, Art. V of the
was both a Filipino and an American, the mere fact that he Constitution, RA 9189, otherwise known as "The
has a certificate stating that he is an American does not Overseas Absentee Voting Act of 2003" and other
mean that he is not still a Filipino, since there has been NO existing laws;
EXPRESS renunciation of his Philippine citizenship. [Aznar (2) Those seeking elective public office in the Philippines
v. COMELEC (1995)] shall meet the qualifications for holding such public
office as required by the Constitution and existing laws
HOW MAY CITIZENSHIP BE REACQUIRED? and, at the time of the filing of the certificate of
(1) Naturalization[C.A. 63 and C.A. 473] candidacy, make a personal and sworn renunciation of
Now an abbreviated process, no need to wait for 3 years (1 any and all foreign citizenship before any public officer
year for declaration of intent, and 2 years for the judgment authorized to administer an oath;
to become executory) (3) Those appointed to any public office shall subscribe
and swear to an oath of allegiance to the Republic of
Requirements: the Philippines and its duly constituted authorities
(1) be 21 years of age prior to their assumption of office: provided, that they
(2) be a resident for 6 months renounce their oath of allegiance to the country where
(3) have good moral character they took that oath;
(4) have no disqualification (4) Those intending to practice their profession in the
Philippines shall apply with the proper authority for a
(2) Repatriation license or permit to engage in such practice; and
Repatriation results in the recovery of the original (5) That right to vote or be elected or appointed to any
nationality. Therefore, if he is a natural-born citizen before public office in the Philippines cannot be exercised by,
he lost his citizenship, he will be restored to his former or extended to, those who:
status as a natural-born Filipino. [Bengson III v. HRET (a) are candidates for or are occupying any public office in
(2001)] the country of which they are naturalized citizens;
and/or
Mere filing of certificate of candidacy is not a sufficient act (b) are in active service as commissioned or non-
of repatriation.Repatriation requires an express and commissioned officers in the armed forces of the
equivocal act. [Frivaldo v. COMELEC (1989)] country which they are naturalized citizens.
In the absence of any official action or approval by proper NATURAL-BORN CITIZENS AND PUBLIC OFFICE
authorities, a mere application for repatriation does not, NATURAL-BORN
and cannot, amount to an automatic reacquisition of the (1) Citizens of the Philippines from birth without having to
applicants Philippine citizenship. [Labo v. COMELEC perform any act to acquire or perfect their Philippine
(1989)] citizenship; and
(2) Thosewho elect Philippine citizenship in accordance with
(3) Legislative Act [Art. IV, Sec. 1(3)]
Both a mode of acquiring and reacquiring citizenship
The term "natural-born citizens," is defined to include
RA 9225 (CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF "those who are citizens of the Philippines from birth
2003) without having to perform any act to acquire or perfect
Sec. 3. Retention of Philippine Citizenship. Any provision their Philippine citizenship." [Tecson v. COMELEC (2004)]
of law to the contrary notwithstanding, natural-
born citizens of the Philippines who have lost their WHO MUST BE NATURAL-BORN?
Philippine citizenship by reason of their (1) President [Art. VII, Sec. 2]
naturalization as citizens of a foreign country are (2) Vice-President [Art. VII, Sec. 3]
hereby deemed to have re-acquired Philippine (3) Members of Congress [Sec. 3 and 6, Art. VI]
citizenship upon taking the following oath of (4) Justices of SC and lower collegiate courts [Sec. 7(1), Art.
allegiance to the Republic: xxx VIII]
(5) Ombudsman and his deputies [Sec. 8, Art. XI]
Natural-born citizens of the Philippines who, after the (6) Members of Constitutional Commissions
effectivity of this Act, become citizens of a foreign country (7) CSC [Art. IX-B, Sec. 1(1)]
shall retain their Philippine citizenship upon taking the (8) COMELEC [Art. IX-C, Sec.1]
aforesaid oath. (9) COA [Art. IX-D, Sec. 1(1)]
(10) Members of the central monetary authority [Art. XII,
Sec. 4 Derivative Citizenship. The unmarried child, Sec. 20]
whether legitimate, illegitimate or adopted, below (11) Members of the Commission on Human Rights [Art.
eighteen (18) years of age, of those who re-acquire XIII, Sec. 17(2)]
Philippine citizenship upon effectivity of this Act shall be The Constitutional provision(i.e. whose fathers are
deemed citizens of the Philippines. citizens)does not distinguish between legitimate or
illegitimate paternity. Civil Code provisions on illegitimacy
Sec. 5. Civil and Political Rights and Liabilities. Those govern private and personal relations, not ones political
who retain or re-acquire Philippine citizenship under this status. [Tecson v. COMELEC, supra, on the petition for
Act shall enjoy full civil and political rights and be subject disqualification against presidential candidate FPJ]
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without the need of a franchise. But in operating an air HOWEVER, land sold to an alien which was later
transport business, franchise is required. transferred to a Filipino citizen OR when the alien later
becomes a Filipino citizen can no longer be recovered by
ACQUISITION, OWNERSHIP AND TRANSFER OF PUBLIC the vendor, because there is no longer any public policy
AND PRIVATE LANDS involved. [Republic v. IAC (1989)]
Lands of the Public Domain are classified into:
(1) Agricultural Lands PRACTICE OF PROFESSIONS
(2) Forest or Timber Lands The practice of all profession in the Philippines shall be
(3) Mineral Lands limited to Filipino citizens, save in the case prescribed by
(4) National Park [Art. XII, Sec. 3] law. [Art. XII, Sec. 14]
Note: The classification of public lands is a function of the
ORGANIZATION AND REGULATION OF
executive branch, specifically the Director of the Land CORPORATIONS, PRIVATE AND PUBLIC
Management Bureau (formerly Director of Lands). The STEWARDSHIP CONCEPT
decision of the Director, when approved by the Secretary of
the DENR, as to questions of fact, is conclusive upon the The use of property bears a social function, and all
courts. [Republic v. Imperial (1999)]. economic agents shall contribute to the common good.
Alienable lands of the public domain shall be limited to Individuals and private groups, including corporations,
agricultural lands. [Art. XII, Sec. 3] cooperatives, and similar collective organizations, shall
have the right to own, establish, and operate economic
To prove that the land subject of an application for enterprises, subject to the duty of the State to promote
registration is alienable, an applicant must conclusively distributive justice and to intervene when the common
establish the existence of a positive act of the government good so demands. [Art. XII, Sec. 6]
such as a presidential proclamation or an executive order
or a legislative act or statute. [Republic v. Candymaker, Inc. The State shall apply the principles of agrarian reform or
(2006)] stewardship, whenever applicable in accordance with law,
Foreshore land is that part of the land which is between the in the disposition or utilization of other natural resources,
high and low water, and left dry by the flux and reflux of including lands of the public domain under lease or
the tides. It is part of the alienable land of the public concession suitable to agriculture, subject to prior rights,
domain and may be disposed of only by lease and not homestead rights of small settlers, and the rights of
otherwise. [Republic v. Imperial, supra] indigenous communities to their ancestral lands. [Art. XIII,
Sec. 6]
Private corporations or associations may not hold such
alienable lands of public domain except by lease, for a MONOPOLIES, RESTRAINT OF TRADE AND UNFAIR
period not exceeding 25 years, and not to exceed 1000 COMPETITION
hectares in area. MONOPOLIES
Citizens of the Philippines may lease not more than 500 The State shall regulate or prohibit monopolies when the
ha., or acquire not more than 12 hectares thereof by public interest so requires. No combinations in restraint of
purchase, homestead, or grant. [Art. XII, Sec. 3] trade or unfair competition shall be allowed. [Art. XII, Sec.
19]
PRIVATE LANDS
General Rule: No private lands shall be transferred or Although the Constitution enshrines free enterprise as a
conveyed except to individuals, corporations, or policy, it nevertheless reserves to the Government the
associations qualified to acquire or hold lands of the public power to intervene whenever necessary for the promotion
domain. [Art. XII, Sec. 7] of the general welfare. [Philippine Coconut Dessicators v.
PCA (1998)]
Exceptions:
(1) Hereditary succession (art. XII, sec. 7) Monopolies are not per se prohibited by the Constitution
(2) A natural-born citizen of the Philippines who has lost but may be permitted to exist to aid the government in
his Philippine citizenship may be a transferee of private carrying on an enterprise or to aid in the performance of
lands, subject to limitations provided by law. (art. XII, various services and functions in the interest of the public.
sec. 8) Nonetheless, a determination must first be made as to
whether public interest requires a monopoly. As
Consequence of sale to non-citizens: monopolies are subject to abuses that can inflict severe
Any sale or transfer in violation of the prohibition is null prejudice to the public, they are subject to a higher level of
and void. [Ong Ching Po. v. CA (1994)]. When a disqualified State regulation than an ordinary business undertaking.
foreigner later sells it to a qualified owner (e.g. Filipino [Agan, Jr. v. PIATCO (2003)]
citizen), the defect is cured. The qualified buyer owns the
land. [See Halili v. CA (1998)] CENTRAL MONETARY AUTHORITY [ART. XII, SEC. 20]
Functions:
Can a former owner file an action to recover the property? (1) Provide policy directions in the areas of money,banking,
Yes. The Court in Philippine Banking Corp. v. Lui She, (1967) and credit;
abandoned the application of the principle of in pari delicto. (2) Supervise the operations of banks;
Thus, the action will lie. (3) Exercise such regulatory powers as may be provided by
law over the operations of finance companies and other
institutions performing similar functions
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Social Justice & Human The Commission on Human Rights shall have the
following powers and functions:
Rights (1) Investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and
CONCEPT OF SOCIAL JUSTICE political rights;
1987 CONSTITUTION (2) Adopt its operational guidelines and rules of procedure,
and cite for contempt for violations thereof in
The State shall promote social justice in all phases of
accordance with the Rules of Court;
national development. [Art. II, Sec. 10]
(3) Provide appropriate legal measures for the protection of
human rights of all persons within the Philippines, as
The Congress shall give highest priority to the enactment well as Filipinos residing abroad, and provide for
of measures that protect and enhance the right of all the preventive measures and legal aid services to the
people to human dignity, reduce social, economic, and under-privileged whose human rights have been
political inequalities, and remove cultural inequities by violated or need protection;
equitably diffusing wealth and political power for the (4) Exercise visitorial powers over jails, prisons, or detention
common good. facilities;
(5) Establish a continuing program of research, education,
To this end, the State shall regulate the acquisition, and information to enhance respect for the primacy of
ownership, use, and disposition of property and its human rights;
increments. [Art. XIII, Sec. 1] (6) Recommend to Congress effective measures to promote
human rights and to provide for compensation to
victims of violations of human rights, or their families;
The promotion of social justice shall include the (7) Monitor the Philippine Government's compliance with
international treaty obligations on human rights;
commitment to create economic opportunities based on
freedom of initiative and self-reliance. [Art. XIII, Sec. 2] (8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the
Social justice is "neither communism, nor despotism, nor truth in any investigation conducted by it or under its
atomism, nor anarchy," but the humanization of laws and authority;
the equalization of social and economic forces by the State (9) Request the assistance of any department, bureau,
so that justice in its rational and objectively secular office, or agency in the performance of its functions;
conception may at least be approximated. Social justice (10) Appoint its officers and employees in accordance with
means the promotion of the welfare of all the people, the law; and
adoption by the Government of measures calculated to (11) Perform such other duties and functions as may be
insure economic stability of all the competent elements of provided by law. [Art. XIII, Sec. 18]
society, through the maintenance of a proper economic
and social equilibrium in the interrelations of the members
of the community, constitutionally, through the adoption As should at once be observed, only the first of the
of measures legally justifiable, or extra-constitutionally, enumerated powers and functions bears any resemblance
to adjudication or adjudgment. The Constitution clearly
through the exercise of powers underlying the existence of
all governments on the time-honored principle of salus and categorically grants to the Commission the power to
investigate all forms of human rights violations involving civil
populi est suprema lex. Social justice, therefore, must be
and political rights. But it cannot try and decide cases (or
founded on the recognition of the necessity of
interdependence among divers and diverse units of a hear and determine causes) as courts of justice, or even
quasi-judicial bodies do. To investigate is not to adjudicate
society and of the protection that should be equally and
evenly extended to all groups as a combined force in our or adjudge. Whether in the popular or the technical sense,
social and economic life, consistent with the fundamental these terms have well understood and quite distinct
meanings. [Cario v. CHR (1991)]
and paramount objective of the state of promoting the
health, comfort, and quiet of all persons, and of bringing
about "the greatest good to the greatest number."
[Calalang v. Williams (1940)]
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ACADEMIC FREEDOM
Academic freedom shall be enjoyed in all institutions of
higher learning. [Art. XIV, Sec. 5 (2)]
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Police power prevails over contracts. [PNB v. Office of the Public Safety. Agustin questions President Marcos Letter
President (1996)] of Instruction No. 229 compelling owners of motor vehicles
to install specific early warning devices to reduce road
Specific Coverage accidents.
(1) Public Health
(2) Public Morals Police power, public safety: The Court identified police
(3) Public Safety power as a dynamic agency, suitably vague and far from
(4) Public Welfare precisely defined, rooted in the conception that men in
organizing the state and imposing upon its government
Test of Reasonability limitations to safeguard constitutional rights did not
(1) Lawful subject intend to enable an individual citizen or a group of citizens
(2) Lawful means to obstruct unreasonably the enactment of such salutary
(3) Least restrictions of individual right measures calculated to communal peace, safety, good
order, and welfare. According to the Court, a heavy burden
The limit to police power is reasonability. The Court looks lies in the hands of the petitioner who questions the states
at the test of reasonability to decide whether it encroaches police power if it was clearly intended to promote public
on the right of an individual. So long as legitimate means safety. [Agustin v. Edu, (1979)]
can reasonably lead to create that end, it is reasonable.
[Morfe v. Mutuc (1968)]
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otherwise, the States power to legislate for the public REQUISITES FOR VALID EXERCISE
welfare might be seriously curtailed
(4) Taxes should be uniform and equitable [Sec. 28(1), Art. POLICE POWER
VI] Tests for Validity of Exercise of Police Power
(1) Lawful Subject: Interest of the general public (as
Judicial review for unconscionable and unjust tax amounting distinguished from a particular class required exercise).
to confiscation of property This means that the activity or property sought to be
The legislature has discretion to determine the nature, regulated affects the general welfare. [Taxicab
object, extent, coverage, and situs of taxation. But where a Operators v. Board of Transportation (1982)]
tax measure becomes so unconscionable and unjust as to (2) Lawful Means: Means employed are reasonably
amount to confiscation of property, courts will not hesitate necessary for the accomplishment of the purpose, and
to strike it down, for despite all its plenitude, the power to are not unduly oppressive. [Tablarin v. Gutierrez (1987)]
tax cannot override constitutional prescriptions. [Tan v. del (3) Least Restrictions of Individual Rights: It must also be
Rosario (1994)] evident that no other alternative for the
accomplishment of the purpose less intrusive of private
Specific Limitations rights can work. [White Light Corporation, et al v. City of
(1) Uniformity of taxation Manila (2009)]
General Rule: simply geographical uniformity, meaning it
operates with the same force and effect in every place EMINENT DOMAIN
where the subject of it is found Requisites
(1) Private property
Exception: Rule does not prohibit classification for (2) Genuine necessity - inherent/presumed in legislation,
purposes of taxation, provided the ff requisites are met: but when the power is delegated (e.g. local
(SNAGAE) government units), necessity must be proven.
(a) standards used are Substantial and Not Arbitrary (3) For public use - Court has adopted a broad definition of
(b) if the classification is Germane to achieve the legislative public use, following the U.S. trend
purpose (4) Payment of just compensation
(c) if that classification Applies to both present and future (5) Due process [Manapat v. CA (2007)]
conditions, other circumstances being equal
(d) applies Equally to members of the same class. [Pepsi TAXATION
Cola v. City of Butuan (1968)]. Equal protection clause: taxes should be uniform (persons
or things belonging to the same class shall be taxed at the
(2) Tax Exemptions same rate) and equitable (taxes should be apportioned
No law granting any tax exemption shall be passed among the people according to their ability to pay)
without the concurrence of a majority of all the
Members of Congress [Sec. 28 (4), Art. VI] Progressive system of taxation: The rate increases as the
tax base increases, with basis as social justice.
A corollary power but must be for a public purpose, Taxation as an instrument for a more equitable distribution
uniform and equitable and in conformity with the equal of wealth
protection clause
Delegated tax legislation: Congress may delegate law-
Tax exemptions are granted gratuitously and may be making authority when the Constitution itself specifically
revoked at will, except when it was granted for valuable authorizes it.
consideration
SIMILARITIES AND DIFFERENCES
May either be constitutional or statutory. SIMILARITIES (NACHURA)
(1) Inherent in the State (Exercised even without need of
If statutory, it has to have been passed by majority of all the express constitutional grant)
members of Congress [Sec. 28 (4), Art. VI] (2) Necessary and indispensable (State cannot be effective
without them)
Constitutional exemptions [sec. 28(3), Art. VI] (3) Method by which state interferes with private property
Requisite: Exclusive Use (4) Presuppose equivalent compensation
(a) Educational institutions (both profit and non-profit used (5) Exercised primarily by the legislature
actually, directly and exclusively for educational
purposes): Benefits redound to students, but only DIFFERENCES
applied to property taxes and not excise taxes Police Power Eminent Domain Taxation
(b) Charitable institutions: Religious and charitable
institutions give considerable assistance to the State in Compensation
the improvement of the morality of the people and the None Just None
care of the indigent and the handicapped (The altruistic compensation (The protection
(c) Religious property:Charitable Institutions, churches, and feeling that one (Full and fair given and public
parsonages or convents appurtenant thereto, mosques, has contributed equivalent of the improvements
non-profit cemeteries, and all lands, buildings and to the public property taken) instituted by the
improvements, actually, directly and exclusively used good required. State because of
for religious, charitable or educational purposes [NACHURA]) these taxes
[NACHURA])
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which the courts have the right to inquire into. [City of (1) Civil rights rights that belong to an individual by virtue
Manila v. Chinese Community of Manila (1919)] of his citizenship in a state or community (e.g. rights to
property, marriage, freedom to contract, equal
When a statute or charter or by general law has conferred protection, etc.)
the right of eminent domain upon a private entity. [Tenorio (2) Political rights rights that pertain to an individuals
v. Manila Railroad Co (1912)] citizenship vis--vis the management of the
government (e.g. right of suffrage, right to petition
As Exercised By Congress As Exercised By Delegates government for redress, right to hold public office, etc.)
(3) Social and economic rights rights which are intended
Extent of Power to insure the well-being and economic security of the
Pervasive and all- Can only be as broad as individual
encompassing the enabling law and the (4) Rights of the accused civil rights intended for the
conferring authorities want protection of a person accused of any crime
it to be
BASES AND PURPOSE
Question of Necessity Bases:
Political question Justiciable question. RTC (1) Importance accorded to the dignity andworth of the
has to determine whether individual.
there is a genuine necessity (2) Protection against arbitrary actions of government and
for its exercise, as well as other members of society
what the propertys value
is. Purpose:
(1) To preserve democratic ideals
If not justiciable, theres (2) To safeguard fundamental rights
grant of special authority (3) To promote the happiness of an individual
for special purpose
The Bill of Rights is designed to preserve the ideals of liberty,
equality and security "against the assaults of opportunism,
Re: Private Property
the expediency of the passing hour, the erosion of small
Delegate cannot encroachments, and the scorn and derision of those who
expropriate private have no patience with general principles." (Justice
property already devoted Cardozo, Nature of Judicial Process, 90-93; Tanada and
to public use Fernando, Constitution of the Philippines, 1952 ed., 71.)
[Philippine Blooming Mills Employees Organization v.
TAXATION Philippine Blooming Mills Co., Inc. (1973)]
(1) legislature (primarily)
(2) local legislative bodies [Sec. 5, Art. X] In the pithy language of Mr. Justice Robert Jackson, the
(3) President (to a limited extent, when granted delegated purpose of the Bill of Rights is to withdraw "certain
tariff powers under Sec. 28 (2) Art. VI subjects from the vicissitudes of political controversy, to
place them beyond the reach of majorities and officials,
and to establish them as legal principles to be applied by
the courts. One's rights to life, liberty and property, to free
speech, or free press, freedom of worship and assembly,
Private Acts and the Bill of and other fundamental rights may not be submitted to a
vote; they depend on the outcome of no elections." [West
Rights Virginia State Board of Education v. Barnette, 319 U.S. 624,
638]
IN GENERAL
It is a declaration and enumeration of a person's ACCOUNTABILITY
fundamental civil and political rights. It also Sec. 2, Art. III shall apply only against law officials or
imposessafeguards against violations by the government, people working as agents of government concerned about
by individuals, or by groups of individuals. being able to procure evidence. [People v. Marti (1991)]
The Bill of Rights governs the relationship between the Sec. 3 of Art. XIII of the Constitution requires the State to
individual and the state. Its concern is not the relation give full protection to labor. We cannot be faithful to this
between individuals, between a private individual and duty if we give no protection to labor when the violator of
other individuals. What the Bill of Rights does is to declare its rights happens to be private parties like private
some forbidden zones in the private sphere inaccessible to employers. A private person does not have a better right
any power holder. (Sponsorship Speech of Commissioner than the government to violate an employee's right to due
Bernas, Record of the Constitutional Commission, Vol. 1, p. process. To be sure, violation of the particular right of
674; July 17, 1986; Emphasis supplied) [People v. Marti employees to security of tenure comes almost always from
(1991)] their private employers. [Serrano v. NLRC (2000)]
It is generally self-executing.
Article III contains the chief protection for human rights but
the body of the Constitution guarantees other rights as
well.
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Equal Protection of the State. The rights and interests of the state in
these things are not simply political but also
proprietary in nature; and so the citizens may lawfully
CONCEPT be given preference over aliens in their use or
DEFINITION enjoyment.
Equal protection requires that all persons or things
similarly situated should be treated alike, both as to rights The Court upheld the Retail Trade Nationalization Law
conferred and responsibilities imposed. despite the objection that it violated the EP clause,
because there exists real and actual, positive and
Similar subjects, in other words, should not be treated fundamental differences between an alien and a national.
differently, so as to give undue favor to some and unjustly [Ichong v. Hernandez (1957)]
discriminate against others.
FILIPINO FEMALE DOMESTICS WORKING ABROAD
The guarantee means that no person or class of persons They are a class by themselves because of the special risks
shall be denied the same protection of laws which is to which their class was exposed. [Phil Association of
enjoyed by other persons or other classes in like Service Exporters v. Drilon (1988)]
circumstances. [City of Manila v. Laguio (2005) citing
Ichong v. Hernandez (1957)] LAND-BASED V. SEA-BASED FILIPINO OVERSEAS WORKERS
There is dissimilarity as to work environment, safety,
Scope danger to life and limb, and accessibility to social, civil and
Natural and juridical persons (the equal protection clause spiritual activities. [Conference of Maritime Manning
extends to artificial persons but only insofar as their Agencies v. POEA (1995)]
property is concerned.)
(1) A corporation as an artificial person is protected under QUALIFICATION FOR ELECTIVE OFFICE
the Bill of Rights against denial of due process, and it Disqualification from running in the same elective office
enjoys the equal protection of the law. [Smith, Bell and from which he retired of a retired elective
Co., v. Natividad (1919)] provincial/municipal official who has received payment of
(2) A corporation is also protected against unreasonable retirement benefits and who shall have been 65 y.o. at the
searches and seizures. [Stonehill v. Diokno (1967)] commencement of the term of office to which he seeks to
(3) It can only be proceeded against by due process of law, be elected is valid. [Dumlao v. Comelec (1980)]
and is protected against unlawful discrimination.
[Bache and Co. v. Ruiz (1971)] ELECTION OFFICIALS V. OTHER MUNICIPAL OFFICIALS
RA 8189 (Voters Registration Act) prohibits election
REQUISITES FOR VALID CLASSIFICATION officers from holding office in a particular city or
(1) It must rest on substantial distinctions which make real municipality for more than four (4) years. The classification
differences; is germane to the law since the risk sought to be
(2) It must be germane to the purpose of the law; addressedis cheating during elections. [De Guzman v.
(3) It must not be limited to existing conditions only. COMELEC (2000)]
An ordinance was declared void because it taxes only
centrifugal sugar produced and exported by the Ormoc OFFICE OF THE OMBUDSMAN
Sugar Company and none other, such that if a new Allowing the Ombudsman to start an investigation based
sugar central is established in Ormoc, it would not be on an anonymous letter does not violate EP clause. The
subject to the ordinance. [Ormoc Sugar Co. v. Treasurer Office of the Ombudsman is different from other
of Ormoc City (1968)] investigatory and prosecutory agencies of government
(4) Apply equally to all members of the same class [People because those subject to its jurisdiction are public officials
v. Cayat (1939)] who, through official pressure and influence, can quash,
delay or dismiss investigations against them. [Almonte v.
EXAMPLES OF VALID CLASSIFICATION Vasquez (1995)]
All classifications made by law are generally presumed to
be valid unless shown otherwise by petitioner. [Lacson v. PRINT V. BROADCAST MEDIA
Executive Secretary (1999)] There are substantial distinctions between the two to
warrant their different treatment under BP 881
ALIENS [Telecommunications and Broadcast Attorneys of the Phil v.
General Rule: The general rule is that a legislative act may COMELEC (1998)]
not validly classify the citizens of the State on the basis of
their origin, race or parentage. STANDARDS FOR JUDICIAL REVIEW
Serrano v. Gallant Maritime introduced a modification in
Exceptions: equal protection jurisprudence by using the three-level
(1) In times of great and imminent danger, such as a review used in due process cases. In effect, the level of
threatened invasion or war, such a classification is review when it comes to equal protection challenges may
permitted by the Constitution when the facts so warrant follow the following format:
(e.g. discriminatory legislation against Japanese (1) Whether the State was justified in making a
citizens during WWII). classification at all. (three-level scrutiny)
(2) The political rights of aliens do not enjoy the same (a) Rational basis test the classification should bear a
protection as that of citizens. reasonable relation to the governments purpose
(3) Statutes may validly limit to citizens exclusively the
enjoyment of rights or privileges connected with the
public domain, the public works, or the natural resources
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Notes:
Important when there is no plausible difference Searches and Seizures
between the disadvantaged class and those not
disadvantaged. CONCEPT
The right of the people to be secure in their persons,
Also important when the government attaches a houses, papers, and effects against unreasonable searches
morally irrelevant and negative significance to a and seizures of whatever nature and for any purpose shall
difference between the advantaged and the be inviolable, and no search warrant or warrant of arrest
disadvantaged. shall issue except upon probable cause to be determined
personally by the judge after examination under oath or
(b) Strict scrutiny test in which a legislative affirmation of the complainant and the witnesses he may
classification which impermissibly interferes with produce, and particularly describing the place to be searched
the exercise of a fundamental right or operates to and the persons or things to be seized. [Art. III, Sec. 2]
the peculiar disadvantage of a suspect class is
presumed unconstitutional. The burden is upon
NATURE
the government to prove that the classification is Personal
necessary to achieve a compelling state interest
It may be invoked only by the person entitled to it.
and that it is the least restrictive means to protect
[Stonehill v. Diokno (1967)]
such interest. It is applied when the classification
has a suspect basis.
It may be waived expressly or impliedly only by the person
whose right is invaded, not by one who is not duly
Suspect classes A classification that violates a authorized to effect such waiver. [People v. Damaso (1992)]
fundamental right, or prejudices a person accorded
special protection by the Constitution (Serrano v. Directed Against the Government and Its Agencies (State
Gallant). May therefore include a classification
Action Requirement)
based on income.
The right cannot be set up against acts committed by
private individuals.The right applies as a restraint directed
(Compare to the US definition: classes subject to
only against the government and its agencies tasked with
such a history of purposeful unequal treatment or the enforcement of the law. The protection cannot extend
relegated to such a position of political to acts committed by private individuals so as to bring
powerlessness as to command extraordinary
them within the ambit of alleged unlawful intrusion by the
protection from the majoritarian political process. government. [People v. Marti (1991); See also Yrasuegui v.
Income classification will not trigger strict scrutiny.)
Philippine Airlines (2008)]
(c) Intermediate scrutiny test Court accepts the What constitutes a reasonable or unreasonable search and
articulated purpose of the legislation but it closely
seizure in any particular case is purely a judicial question,
scrutinizes the relationship between the determinable from a consideration of the circumstances
classification and the purpose based on a spectrum involved. [Valmonte v. De Villa (1989)]
of standards, by gauging the extent to which
constitutionally guaranteed rights depend upon the Objections to the warrant of arrest must be made before
affected individual interest. In which the
the accused enters his plea. [People v. Codilla (1993); People
government must show that the challenged
v. Robles (2000)]
classification serves an important state interest and
that the classification is at least substantially related
SCOPE
to serving that interest. Applicable to certain sensitive Natural Persons
but not suspect classes; certain important but not It protects all persons including aliens [Qua Chee Gan v.
fundamental interest.
Deportation Board (1963)]
(2) Whether the classification was valid. (4-pronged test of
Artificial Persons
valid classification in People v. Cayat)
Artificial persons are protected to a limited extent. [Bache
and Co. Inc v. Ruiz (1971)] The opening of their account
Alternative thought: BERNAS (and Prof. De Vera) opines that
books is not protected, by virtue of police and taxing
in Serrano v. Gallant Maritime, the Court seems to imply powers of the State.
that the Test of Valid Classification is to be applied
underthe Rational Basis standard. Note that in Serrano,
WARRANT REQUIREMENT
where the Court applied Strict Scrutiny, the Test of Valid PURPOSE
Classification was mentioned but not applied. Note
(1)Search Warrant- to gain evidence to convict
however that the Serrano levels of scrutiny have not been
(2) Warrant of Arrest- to acquire jurisdiction
reapplied as of this writing. This issue has not yet been
clarified.
Must refer to one specific offense. [Asian Surety v. Herrera,
(1973); Castro v. Pabalan (1976)]
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(c) Such written deposition is necessary in order that A John Doe search warrant is valid. There is nothing to
the Judge may be able to properly determine the prevent issue and service of warrant against a party whose
existence or non-existence of the probable cause, name is unknown. [People v. Veloso (1925)]
to hold liable for perjury the person giving it if it will
be found later that his declarations are false GENERAL WARRANT
One that:
(d) It is axiomatic that the examination must be (1) Does not describe with particularity the things subject
probing and exhaustive, not merely routine or pro- of the search and seizure; and
forma, if the claimed probable cause is to be (2) Where probable cause has not been properly
established. established. It is a void warrant. [Nolasco v. Pao
(1985)]
(e) The examining magistrate must not simply rehash
the contents of the affidavit but must make his own Exception to General Warrants: General descriptions will
inquiry on the intent and justification of the not invalidate the entire warrant if other items have been
application. [Roan v. Gonzales (1984)] particularly described. [Uy v. BIR (2000)]
(4) On the basis of their personal knowledge of the facts Conduct of the Search [Sec. 7, Rule 126, ROC]
they are testifying to. (1) In the presence of a lawful occupant thereof or any
member of his family, OR
(5) The warrant must describe particularly the place to be (2) If occupant or members of the family are absent, in the
searched and the persons or things to be seized. presence of 2 witnesses of
(a) sufficient age
Requirement is primarily meant to enable the law (b) discretion
enforcers serving the warrant to (1) readily identify the (c) residing in the same locality
properties to be seized and thus prevent them from seizing (3) Force may be used in entering a dwelling if justified by
the wrong items; and (2) leave said peace officers with no Rule 126 ROC.
discretion regarding the articles to be seized and thus
prevent unreasonable searches and seizures. [People v. Tee Failure to comply with Sec. 7 Rule 126 invalidates the
(2003)] search. [People v. Gesmundo (1993)]
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What must be considered is the balancing of the Scope: Outer clothing for concealed weapon, etc.
individuals right to privacy and the publics interest in the
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Test: WON a reasonably prudent man in the circumstances search. On the other hand, when the vehicle is stopped
would be warranted in the belief that his safety of that of and subjected to an extensive search, it would be
others was in danger [Terry v. Ohio, 392 U.S.(1968)]. constitutionally permissible only If the officers conducting
the search had reasonable or probable cause to believe,
The police officer should properly introduce himself and before the search, that either the motorist is a law offender
make initial inquiries, approach and restrain a person who or they will find the instrumentality or evidence pertaining
manifests unusual and suspicious conduct, in order to to a crime in the vehicle to be searched[Caballes v. Court of
check the latters outer clothing for possibly concealed Appeals (2002); People v. Libnao (2003)].
weapons. The apprehending police officer must have a
genuine reason, in accordance with the police officers PROPERTIES SUBJECT TO SEIZURE
experience and the surrounding conditions, to warrant the General Rule: Only the articles particularly described in the
belief that the person to be held has weapons or contraband warrant may be seized.
concealed about him [People v. Sy Chua (2003)]. (1) Property subject of an offense
(2) Stolen or embezzled property and other proceeds or
VALID EXPRESS WAIVER MADE VOLUNTARILY AND INTELLIGENTLY fruits of an offense
Requisites: (3) Used or intended to be used as a means of committing
(1) Must appear that right exists; an offense [Sec. 2 Rule 126, ROC]
(2) Person involved had actual/ constructive knowledge of
the existence of such right; Where the warrant authorized only the seizure of shabu,
(3) Said person had an actual interest to relinquish the and not marijuana, the seizure of the latter was held
right; unlawful. [People v. Salanguit (2001)]
(4) Waiver is limited only to the arrest;
(5) Waiver does not extend to search made as an incident It is not necessary that the property to be searched or
thereto, or to any subsequent seizure of evidence found seized should be owned by the person against whom the
in the search. [People v. Peralta (2004)] warrant is issued; it is sufficient that the property is within
his control or possession [Burgos v. Chief of Staff (1984)].
It was ruled that the right to be secure from unreasonable
search may be waived. Waiver may be express or implied. COMPARISON OF PROCEDURES IN OBTAINING SEARCH WARRANTS
When one voluntarily submits to a search or consents to AND ARREST WARRANTS
have it made of his person / premises, he is precluded from When warrant of arrest may issue (a) By the Regional Trial
later complaining [People v. Kagui Malasugui (1936)]. Court Within ten (10) days from the filing of the
complaint or information, the judge shall personally
It is the State that has the burden of proving, by clear and evaluate the resolution of the prosecutor and its
convincing evidence, that the necessary consent was supporting evidence. He may immediately dismiss the case
obtained and that it was voluntarily and freely given if the evidence on record clearly fails to establish probable
[Caballes v. Court of Appeals (2002)]. cause. If he finds probable cause, he shall issue a warrant
of arrest, or a commitment order if the accused has already
When accused checked in his luggage as passenger of a been arrested pursuant to a warrant issued by the judge
plane, he agreed to the inspection of his luggage in who conducted the preliminary investigation or when the
accordance with customs laws and regulations, and thus complaint or information was filed pursuant to section 7 of
waived any objection to a warrantless search [People v. this Rule. In case of doubt on the existence of probable
Gatward (1997)]. cause, the judge may order the prosecutor to present
additional evidence [Note: This is not found in the procedure
CUSTOMS SEARCH for a search warrant.] within five (5) days from notice and
Searches of vessel and aircraft for violation of immigration the issue must be resolved by the court within thirty (30)
and smuggling laws [Papa v. Mago (1968)]. days from the filing of the complaint of information. [Rule
112, Sec. 6]
EXIGENT AND EMERGENCY CIRCUMSTANCES
The raid and seizure of firearms and ammunition at the
height of the 1989 coup-de-etat, was held valid, Requisites for issuing search warrant A search warrant
considering the exigent and emergency situation. The shall not issue except upon probable cause in connection
military operatives had reasonable ground to believe that a with one specific offense to be determined personally by
crime was being committed, and they had no opportunity the judge after examination under oath or affirmation of
to apply for a search warrant from the courts because the the complainant and the witness he may produce, and
latter were closed. Under such urgency and exigency, a particularly describing the place to be searched and the
search warrant could be validly dispersed with [People v. de things to be seized which may be anywhere in the
Gracia (1994)]. Philippines. [Rule 126, Sec. 4]
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(1)Personally evaluate the report and the supporting of facts or circumstances that the person to be arrested
documents submitted by the fiscal regarding the has committed it;
existence of probable cause and, on the basis thereof,
issue a warrant of arrest; or Requisites:
(2)If he finds no probable cause, he may disregard the (1) Offense had JUST been committed;
fiscal's report and require the submission of supporting (2) Person making the arrest has probable cause to believe
affidavits of witnesses to aid him in arriving at a based on personal knowledge.
conclusion as to the existence of probable cause.
[Beltran v. Makasiar (1988)] Note: There must be a large measure of immediacy
between the time the offense is committed and the time of
Existence of Probable Cause: Such facts and circumstances the arrest. If there was an appreciable lapse of time
which would lead a reasonably discreet and prudent man between arrest and commission of crime, warrant of arrest
to believe that an offense has been committed by the must be secured. [Nachura]
person sought to be arrested. [Webb v. De Leon (1995)]
Warrantless arrest of accused for selling marijuana 2 days
Determination of probable cause personally by the judge after he escaped is invalid. [People v. Kimura (2004)]
as to warrant of arrest:
(1) On the basis of the witnesses personal knowledge of the The warrantless arrest only 3 hours after the killing was
facts they are testifying to. held valid since personal knowledge was established as to
(2) The arrest warrant must describe particularly the person the fact of death and facts indicating that the accused
to be seized. killed the victim. [People v. Gerente (1993)]
(a) By stating the name of the person to be arrested.
(b) If not known, then a John Doe warrant may be issued, Personal Knowledge: Experience of an officer which gives
with some descriptio persona that will enable the officer the idea that there is probable cause that the person
to identify the accused. caught is responsible. It has been ruled that personal
knowledge of facts in arrests without a warrant must be
John Doe Warrant: Warrants issued against 50 John Does, based on probable cause, which means an actual belief or
none of whom the witnesses could identify, were reasonable grounds of suspicion. [Cadua v. Court of
considered as general warrants and thus void. Appeals (1999)]
[Pangandaman v. Casar (1988)]
There is no personal knowledge when the commission of a
REQUISITES OF A VALID WARRANTLESS ARREST [RULE 113, SEC. 5, crime and identity of the accused were merely furnished by
RULES ON CRIMINAL PROCEDURE] an informant, or when the location of the firearm was given
by the wife of the accused. It is not enough that there is
(1) When in his presence, the person to be arrested has reasonable ground to believe that the person to be
committed, is actually committing, or is attempting to arrested has committed a crime. That a crime has actually
commit an offense; (in flagrante delicto) been committed is an essential precondition. [People v.
Burgos (1986)]
Rebellion is a continuing offense. Therefore a rebel may be
arrested without a warrant at any time of the day or the (3) When the person to be arrested is a prisoner who has
night as he is deemed to be in the act of committing escaped from a penal establishment or place where he
rebellion. [Umil v. Ramos (1991)] is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being
Though kidnapping with serious illegal detention is transferred from one confinement to another
deemed a continuing crime, it can be considered as such
only when the deprivation of liberty is persistent and Additional Exceptions (Not in the Rules):
continuing from one place to another. [Parulan v. Dir of (1) When the right is voluntarily waived (estoppel).
Prisons (1968)] (2) Violent insanity.
Hot Pursuit: The arrest of the accused inside his house Appellant is estopped from questioning the illegality of the
following hot pursuit of the person who committed the arrest when he voluntarily submitted himself to the
offense in flagrante was held valid. [People v. De Lara jurisdiction of the court by entering a plea of not guilty and
(1994)] by participating in the trial. [People v. Salvatierra (1997)]
Buy-Bust: A buy-bust operation is a valid in flagrante Failure to raise the question of admissibility during the trial
arrest. The subsequent search of the person arrested and is waiver of the right to assert inadmissibility on appeal.
the premises within his immediate control is valid as an [Manalili v. CA (1997)]
incident to a lawful arrest. [People v. Hindoy (2001)]
Scope of Waiver: Waiver is limited to the illegal arrest. It does
Exception to buy-bust: Instead of arresting the suspect not extend to the search made as an incident thereto, or
after the sale in a buy-bust op, the officer returned to the the subsequent seizure of evidence allegedly found during
police headquarters and filed his report. It was only in the the search [People v. Peralta (2004]]
evening that he, without warrant, arrested the suspect at
his house where dried marijuana leaves were found and ADMINISTRATIVE ARRESTS
seized. This is unlawful arrest. [People v. Rodrigueza (1992)] General Rule: Only the judge has the power to issue a
warrant after the proper procedure has been duly taken.
(2) When an offense has just been committed and he has
probable cause to believe based on personal knowledge
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The censor serves therefore as the political, moral, social SUBSEQUENT PUNISHMENT
and artistic arbiter for the people, usually applying only his Concept:
own subjective standards in determining what is good and Freedom of speech includes freedom after speech. Without
what isnot. this assurance, the citizen would hesitate to speak for fear
he might be provoking the vengeance of the officials he
General rules: has criticized (chilling effect).
(1) Any system of prior restraints of expression comes to
the Court bearing a heavy presumption against its If criticism is not to be conditioned on the governments
constitutionality, giving the government a heavy burden consent, then neither should it be subject to the
to show justification for the imposition of such governments subsequent chastisement.
restraint. [New York v. United States (1971)]
(2)There need not be total suppression. Even restriction of Examples of Valid Subsequent Restraints:
circulation constitutes censorship. [Grosjean v. (1) Libel. Every defamatory imputation is presumed to be
American Press Co., 297 US 233] malicious. [Alonzo v. CA (1995)]
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Report of official conduct is privileged and covered by press SC ruled that for his act to be contemptuous, the danger
freedom must cause a serious imminent threat to the
Where the defamation is alleged to have been directed at a administration of justice. Itcannot be inferred that such act
group/class, it is essential that the statement must be so has "a dangerous tendency" to belittle the court or
sweeping or all-embracing as to apply to every individual undermine the administration of justice for the writer
in that group or class, or sufficiently specific so that each merely exercised his constitutional right to petition the
individual in the class or group can prove that the government for redress of a legitimate grievance.
defamatory statement specifically pointed to him, so that [Cabansag v. Fernandez (1957)]
he can bring the action separately, if need be. [Newsweek v.
IAC (1986)] Freedom of Expression and Obscenity
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parade may pass or the meeting may be held. [Primicias v. association, or group of persons concerned, be declared as
Fugoso (1948)] a terrorist and outlawed organization, association, or
group of persons by the said Regional Trial Court. [Sec. 17,
Absent any clear and present danger of a substantive evil, Human Security Act]
peaceable assembly in public places like streets or parks
cannot be denied. [J.B.L. Reyes v. Bagatsing (1983)] The right to associate is not absolute. [People v. Ferrer
(1972)]
The Calibrated Pre-emptive Response (CPR), insofar as it
would purport to differ from or be in lieu of maximum The right to self-organization shall not be denied to
tolerance, is NULL and VOID.
government employees. [Art. IX-B, Sec. 2(5)]
CPR serves no valid purpose if it means the same thing as
maximum tolerance (Sec. 3 [c] of B.P. 880), and is illegal if The right of the people, including those employed in the
it means something else. Accordingly, what is to be public and private sectors, to form unions, associations, or
followed is and should be that mandated by the law itself, societies for purposes not contrary to law shall not be
namely, maximum tolerance. abridged. [Art. III, Sec. 8]
B.P. 880 not unconstitutional It shall guarantee the rights of all workers to self-
B.P. No. 880 is not an absolute ban of public assemblies organization, collective bargaining and negotiations, and
but a restriction that simply regulates the time, place and peaceful concerted activities, including the right to strike in
manner of the assemblies. The law is not vague or accordance with law. They shall be entitled to security of
overbroad. There is, likewise, no prior restraint, since the tenure, humane conditions of work, and a living wage.
content of the speech is not relevant to the regulation. A They shall also participate in policy and decision-making
fair and impartial reading of B.P. No. 880 thus readily processes affecting their rights and benefits as may be
shows that it refers to all kinds of public assemblies that provided by law. [Art. XIII, Sec. 3(2), par. 2]
would use public places.
FACIAL CHALLENGES AND THE OVERBREADTH
Freedom Parks
DOCTRINE
B.P. 880 provides that every city and municipality must set
aside a freedom park within six months from the laws
General Rule: A party can question the validity of a statute
effectivity in 1985. Section 15 of the law provides for an
only if, as applied to him, it is unconstitutional.
alternative forum through the creation of freedom parks
where no prior permit is needed for peaceful assembly and
Exception: Facial Challenges
petition at any time. Without such alternative forum, to
deny the permit would in effect be to deny the right to
FACIAL CHALLENGES
peaceably assemble.
A facial challenge is allowed to be made to a vague
statute and to one which is overbroad because of possible
Permit Application
chilling effect upon protected speech. The theory is that
There is a need to address the situation adverted to by
[w]hen statutes regulate or proscribe speech and no
petitioners where mayors do not act on applications for a
readily apparent construction suggests itself as a vehicle
permit and when the police demand a permit and the
for rehabilitating the statutes in a single prosecution, the
rallyists could not produce one, the rally is immediately
transcendent value to all society of constitutionally
dispersed.
protected expression is deemed to justify allowing attacks
on overly broad statutes with no requirement that the
In such a situation, as a necessary consequence and part of
person making the attack demonstrate that his own
maximum tolerance, rallyists who can show the police an
conduct could not be regulated by a statute drawn with
application duly filed on a given date can, after two (2)
narrow specificity.
days from said date, rally in accordance with their
application without the need to show a permit, the grant of
The possible harm to society in permitting some
the permit being then presumed under the law, and it will
unprotected speech to go unpunished is outweighed by
be the burden of the authorities to show that there has
the possibility that the protected speech of others may be
been a denial of the application, in which case the rally
deterred and perceived grievances left to fester because of
may be peacefully dispersed following the procedure of
possible inhibitory effects of overly broad statutes.
maximum tolerance prescribed by the law. [Bayan v.
Ermita (2006)]
This rationale does not apply to penal statutes. Criminal
statutes have general in terrorem effect resulting from
Freedom of Association and Self-Organization
their very existence, and, if facial challenge is allowed for
Proscription of Terrorist Organizations, Association, or Group this reason alone, the State may well be prevented from
of Persons. Any organization, association, or group of enacting laws against socially harmful conduct. In the area
persons organized for the purpose of engaging in of criminal law, the law cannot take chances as in the area
terrorism, or which, although not organized for that of free speech.[Concurring Opinion of Justice Mendoza in
purpose, actually uses the acts to terrorize mentioned in Estrada v. Sandiganbayan (2001)]
this Act or to sow and create a condition of widespread and
extraordinary fear and panic among the populace in order OVERBREADTH DOCTRINE
to coerce the government to give in to an unlawful demand A governmental purpose may not be achieved by means
shall, upon application of the Department of Justice before which sweep unnecessarily broadly and thereby invade the
a competent Regional Trial Court, with due notice and area of protected freedoms.
opportunity to be heard given to the organization,
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A plain reading of PP 1017 shows that it is not primarily necessary to avoid the danger." In this case, an attempt to
directed to speech, rather it covers a spectrum of conduct. overthrow the Government by force is a sufficient evil for
It is a call upon the AFP to prevent or suppress all forms of Congress to prevent. It is the existence of the conspiracy
lawless violence. Facial challenge on the ground of which creates the danger. [Dennis v. US (1951)]
overbreadth is a very strong medicine. Petitioners did not
show that there is no instance when PP1017 may be valid. MILLER TEST (CCA-SL)
[David vs. Arroyo (2006)] To determine obscenity:
(1) Whether the average person, applying Contemporary
TESTS Community standards would find that the work, taken
DANGEROUS TENDENCY TEST as a whole, Appeals to prurient interest
If the words uttered create a dangerous tendency of an evil (2) Whether the work depicts or describes in a patently
which the State has the right to prevent, then such words offensive way, sexual conduct Specifically defined by
are punishable. [Cabansag v. Fernandez (1957)] the applicable state law
(3) Whether the work, taken as a whole, Lacks serious,
It is sufficient if the natural tendency and the probable literary, artistic, political, or scientific value [Miller v. CA
effect of the utterance were to bring about the substantive (1973) also applied in Fernando v. CA (2006)]
evil that the legislative body seeks to prevent. [People v.
Perez(1956)] O BRIEN TEST (C-GUN)
To determine whether Content- Based or Content-
CLEAR AND PRESENT DANGER TEST Neutral:
The question in every case is whether the words used are (1) If it is within the Constitutional power of the
used in such circumstances and are of such a nature as to Government
create a clear and present danger that they will bring (2) If it furthers an important or substantial Government
about the substantive evils that Congress has a right to interest
prevent. It is a question of proximity and degree. [Schenck (3) If the Government interest is Unrelated to the
v. United States (1919)] suppression of free expression
(4) If the incidental restriction is No greater than is
This rule requires that the danger created must not only essential to the furtherance of that interest
be clear and present but also traceable to the ideas
expressed. [Gonzales v. COMELEC (1969)] COMELEC banned the publication of surveys 15 and 7 days
prior to election concerning national and local candidates,
Note: This test has been adopted by the Philippine SC lock, respectively. The SC held that this regulation is content-
stock and barrel and is the test most applied to cases re: based because applying the 3rd prong of the O-Brien Test,
freedom of expression. it actually suppresses a whole class of expression, while
allowing the expression of opinion concerning the same
BALANCING OF INTEREST TEST subject matter by other opinion takers. The prohibition
When a particular conduct is regulated in the interest of may be for a limited time, but the curtailment of the right
public order, and the regulation results in an indirect, of expression is direct, absolute, and substantial. [SWS v.
conditional and partial abridgement of speech, the duty of COMELEC (2001)]
the courts is to determine which of the two conflicting
interests demands greater protection. [American STATE REGULATION OF DIFFERENT TYPES OF MASS
Communications Assoc. v. Douds, 339 US 282] MEDIA
(1) The ownership and management of mass media shall
The test is applied when two legitimate values not
be limited to citizens of the Philippines, or to corporations,
involving national security crimes compete.[Gonzales v.
cooperatives or associations, wholly-owned and managed
COMELEC (1969)]
by such citizens.
DIRECT INCITEMENT TEST
The Congress shall regulate or prohibit monopolies in
The constitutional guarantees of free speech and free
press do not permit a State to forbid or proscribe advocacy commercial mass media when the public interest so
requires. No combinations in restraint of trade or unfair
of the use of force or of law violation except where such
competition therein shall be allowed.
advocacy is directed to inciting or producing imminent
lawless action and is likely to incite or produce such action.
(2) The advertising industry is impressed with public
[Brandenburg v. Ohio (395 U.S. 444)]
interest, and shall be regulated by law for the protection of
consumers and the promotion of the general welfare.
Political discussion even among those opposed to the
present administration is within the protective clause of
freedom of speech and expression. The same cannot be Only Filipino citizens or corporations or associations at
least seventy per centum of the capital of which is owned
construed as subversive activities per se or as evidence of
by such citizens shall be allowed to engage in the
membership in a subversive organization. [Salonga v. Cruz
advertising industry.
Pao(1986)]
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The Court pronounced that the freedom of broadcast contract with these TV stations and radio stations at its
media is lesser in scope than the press because of their own expense. [UNIDO v. COMELEC (1981)]
pervasive presence in the lives of people and because of
their accessibility to children. The television camera is a powerful weapon which
intentionally or inadvertently can destroy an accused and
MOVIE CENSORSHIP his case in the eyes of the public.
When MTRCB rated the movie, Kapit sa Patalim as fit
For Adults Only, SC ruled that there was no grave abuse Considering the prejudice it poses to the defendants right
of discretion. to due process as well as to the fair and orderly
administration of justice, and considering further that the
Censorship is allowable only under the clearest proof of a freedom of the press and the right of the people to
clear and present danger of a substantive evil to public information may be served and satisfied by less distracting,
safety, morals, health or any other legitimate public degrading and prejudicial means, live radio and television
interest: coverage of the court proceedings shall not be allowed. No
(1) There should be no doubt what is feared may be traced video shots or photographs shall be permitted during the
to the expression complained of. trial proper.Video footages of court hearings for news
(2) Also, there must be reasonable apprehension about its purposes shall be limited and restricted. [Secretary of
imminence. It does not suffice that the danger is only Justice v. Sandiganbayan (2001)]
probable. [Gonzales v. Kalaw-Katigbak (1985)]
RADIO CENSORSHIP
Limited intrusion into a persons privacy is permissible The SC does not uphold claim that Far Eastern had no
when that person is a public figure and the information right to require the submission of the manuscript. It is the
sought to be published is of a public character. duty of Far Eastern to require the submission of a
manuscript as a requirement in broadcasting speeches.
What is protected is the right to be free from unwarranted Besides, laws provide for such actions:
publicity, from the wrongful publicizing of the private
affairs of an individual which are outside the realm of Act 8130. Franchise for Far Eastern; radio to be open to the
public concern. [Ayer Productions v. Capulong, supra] general public but subject to regulations
TELEVISION CENSORSHIP Comm. Act 98. Sec. of Interior and/or the Radio Board is
P.D. 1986 gave MTRCB the power to screen, review and empowered to censor what is considered neither moral,
examine all television programs. educational or entertaining, and prejudicial to public
interest. The Board can forfeit the license of a
By the clear terms of the law, the Board has the power to broadcasting station.
approve, delete, or prohibit the exhibition and/or
television broadcasts of television programs. The law also Sec. of the Interior, Dept. Order 13. Requires submission of
directs the Board to apply contemporary Filipino culture daily reports to Sec. of Interior/Radio Board re: programs
values as standard to determine those which are before airing. For speeches, a manuscript or short gist
objectionable for being immoral, indecent, contrary to law must be submitted. [Santiago v. Far Eastern Broadcasting
and/or good customs injurious to the prestige of the (1941)]
Republic of the Philippines and its people, or with a
dangerous tendency to encourage the commission of a Strict rules have also been allowed for radio because of its
violence or of a wrong or a crime. pervasive quality and because of the interest in the
protection of children. [FCC v. Pacifica Foundation (1978)]
The law gives the Board the power to screen, review and
examine ALL television programs whether religious, COMMERCIAL SPEECH
public affairs, news documentary, etc. (Ubilex non Commercial speech is unprotected speech. Commercial
distinguit nec distinguere de bemos-when the law does not advertising in the U.S. has been accorded First
make any exception, courts may not except something Amendment protection but not in the same level of
therefrom). [Iglesia ni Cristo v. CA (1996)] protection given to political speech. One case set down the
requirements for protection of commercial speech:
Also, notwithstanding the fact that freedom of religion has (1) speech must not be false, misleading or proposing an
been accorded a preferred status, Iglesiani Cristos illegal activity;
program is still not exempt from MTRCBs power to review. (2) government interest sought to be served by regulation
Freedom of expression and of the press has not been must be substantial;
declared of preferred status. [MTRCB v. ABS-CBN (2005)] (3) the regulation must advance government interest; and
(4) the regulation must not be overbroad. [Bernas]
On the program of Dating Daan, Soriano made crude
remarks like lihitimong anak ng demonyo, sinungaling, PRIVATE V. GOVERNMENT SPEECH
etc. MTRCB preventively suspended him and his show. Parliamentary immunity guarantees the members the
SC held that the State has a compelling interest to protect freedom of expression without fear of being made
the minds of the children who are exposed to such responsible in criminal or civil actions before courts or
materials. [Soriano v. Laguardia (2009)] forum outside of Congress. But this does not protect them
from responsibility from the legislative body. The members
The SC could not compel TV stations and radio stations, may nevertheless be questioned in Congress itself.
being indispensable parties, to give UNIDO free air time as
they were not impleaded in this case. UNIDO must seek a For unparliamentary conduct, members of the Congress
have been, or could be censured, committed to prison,
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even expelled by the votes of their colleagues. [Osmea v. charitable, or educational purposes shall be exempt from
Pendatun (1960)] taxation. [Art. VI, Sec. 28 (3)]
Freedom of Religion The government promotes the full growth of the faculties
of every child. For this purpose, the government will
establish, whenever possible:
No law shall be made respecting an establishment of (1) Schools in every barrio, municipality and city where
religion; or prohibiting the free exercise thereof. The free optional religious instruction shall be taught as part of
exercise and enjoyment of religious profession and the curriculum at the option of the parent or guardian.
worship, without discrimination or preference, shall forever xxx [Art. 359, Civil Code]
be allowed. No religious test shall be required for the
exercise of civil or political rights. [Art. III, Sec. 5] (4) Public aid to religion
No public money or property shall be appropriated,
NON-ESTABLISHMENT CLAUSE applied, paid, or employed, directly or indirectly, for the
CONCEPT use, benefit, or support of any sect, church, denomination,
The clause prohibits excessive government entanglement sectarian institution, or system of religion, or of any priest,
with, endorsement or disapproval of religion [Victoriano v. preacher, minister, other religious teacher, or dignitary as
Elizalde Rope Workers Union (1974); Lynch v. Donnelly, 465 such, except when such priest, preacher, minister, or
US 668 (1984) O'Connor, J., concurring); Allegheny County v. dignitary is assigned to the armed forces, or to any penal
Greater Pittsburg ACLU (1989)] institution, or government orphanage or leprosarium.[Art. VI,
Sec. 29(2)]
BASIS
Rooted in the separation of Church and State [Sec. 2(5),
Jurisprudence
Art. IX-C; Sec. 5(2), Sec. 29(2) Art. VI, 1987 Consti]
Religious activities with secular purpose/character.
Postage stamps depicting Philippines as the site of a
ACTS NOT PERMITTED BY NON-ESTABLISHMENT CLAUSE
significant religious event promotes Philippine tourism
(1) Prayer and Bible-reading in public schools [Engel v.
[Aglipay vs. Ruiz, (1937)]
Vitale (1967); Abington School District v. Schemp (1963)]
(2) Financial subsidy for parochial schools[Lemon vs.
Government sponsorship of town fiestas. has secular
Kurtzman (1971)]
character [Garces vs. Estenzo (1981)]
(3) Religious displays in public spaces: Display of granite
monument of 10 commandments in front of a
Book lending program for students in parochial schools.
courthouse is unconstitutional for being unmistakably
benefit to parents and students [Board of Education vs.
non-secular. [Glassroth vs. Moore, 335 F.3d 1282 (11th
Allen, 392 U.S. 236]
Cir. 2003)]
(4) Mandatory religious subjects or prohibition of secular
Display of crche in a secular setting depicts origins of
subjects (evolution) in schools [Epperson vs. Arkansas
the holiday [Lynch vs. Donnely (1984)]
(1968)]
(5) Mandatory bible reading in school (a form of preference
Financial support for secular academic facilities(i.e library
for belief over non-belief) [School District vs. Schempp
and science center) in parochial schools has secular use
(1963)]
[Tilton vs. Richardson (403 U.S. 672)]
(6) Word God in the Pledge of Allegiance: religious vs
atheist students [Newdow vs. US (2003)]
Exemption from zoning requirements to accommodate
unique architectural features of religious buildings i.e
ACTS PERMITTED BY THE ESTABLISHMENT CLAUSE
Mormons tall pointed steeple [Martin vs. Corporation of the
Constitutionally created
Presiding Bishop (434 Mass. 141)]
(1) Tax exemption
Charitable institutions, churches and personages or FREE EXERCISE CLAUSE
convents appurtenant thereto, mosques, non-profit DUAL ASPECT
cemeteries, and all lands, buildings, and improvements, (1) Freedom to believe - absolute
actually, directly, and exclusively used for religious, (2) Freedom to act on ones belief subject to regulation
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CONSCIENTIOUS OBJECTOR
Ground for exemption from compulsory military service;
LAWS AND ACTS JUSTIFIED UNDER FREE EXERCISE CLAUSE expanded version provides exemption even to those who
(1) Exemption from flag salute in school [Ebralinag vs. object war based on non-religious beliefs i.e. non-theist
Division Superintendent of Schools of Cebu (1993)]
(2) Freedom to propagate religious doctrines Criteria:
The power to tax the exercise of the privilege is the (1) There must be belief in God or a parallel belief
power to control or suppress its enjoyment [American occupying a central place in the believers life
Bible Society vs. City of Manila (1957)] (2) Religion must involve a moral code transcending
(3) Exemption from union shop individual belief; cannot be purely subjective
Congress acted merely to relieve persons of the burden (3) Demonstrable sincerity in belief must be shown, but
imposed by union security agreements. court cannot inquire into its truth or reasonableness
(4) Non-disqualification of religious leaders from local [United States v. Seeger, 380 U.S. 163 (1965)]
government office [Pamil v. Teleron (1978)] (4) There must be some associational ties. [Estrada v.
Escritor (2003)]
Dean Pangalangan: There should be no distinction
between ordinary believer and the Pope; if the former can
hold office, why not the latter.
(5) Working hours from 7:30am to 3:30pm without break Liberty of Abode and
during Ramadan [Re: Request of Muslim Employees in
the Different Courts of Iligan City (2005)] Freedom of Movement
(6) Exemption from administrative charge on immorality The liberty of abode and of changing the same within the
Cohabiting with a married man with church sanction limits prescribed by law shall not be impaired except upon
evidenced by a document of Declaration of Pledging lawful order of the court. Neither shall the right to travel be
Faithfulness [Estrada v. Escritor (2003)] impaired except in the interest of national security, public
safety or public health, as may be provided by law. [Art. III,
BENEVOLENT NEUTRALITY DOCTRINE Sec. 6]
Gives room for accommodating religion, holding that the
wall is instead meant to protect the church from the state.
"Liberty" as understood in democracies, is not license; it is
It allows interaction between the church and state, but is "Liberty regulated by law."
strict re: state action, which would threaten the integrity of
religious commitment.
LIMITATIONS
WHO MAY IMPAIR AND WHEN RIGHTS MAY BE CURTAILED
The breach in the wall between church and state is
Liberty of abode
allowed in order to uphold religious liberty, which is the Who: courts (lawful order)
integral purpose of the religion clauses. The purpose of When:within limits prescribed by law
accommodation is to remove the burden on a persons
exercise of his religion. The executive of a municipality does not have the right to
force citizens of the Philippine Islands to change their
Although morality contemplated in laws is secular,
domicile from one locality to another. [Villavicencio vs.
benevolent neutrality could allow for accommodation of Lukban (1919)]
morality based on religion, provided it does not offend
compelling state interests. [Estrada v. Escritor (2003)] Right to travel
Who: courts (lawful order) or by the appropriate executive
TESTS
officer.
CLEAR AND PRESENT DANGER
Used for religious speech
When: in the interest of national security (Human Security
Act), public safety or public health (quarantine)
In orderto justify restraint the court must determine
whether the expression presets a clear and present danger
Relocation of Manguinaes, a nomadic people, is a proper
ofany substantive evil, which the state has a right restraint to their liberty. It is for their advancement in
toprevent. [American Bible Society v City of Manila (1957) civilization and so that material prosperity may be assured.
citing Taada and Fernando on the Constitution of the
[Rubi vs. Provincial Board (1919)]
Philippines, Vol. 1, 4th ed., p. 297]
Restraint on right to travel of accused on bail is allowed to
BENEVOLENT NEUTRALITY-COMPELLING STATE INTEREST
avoid the possibility of losing jurisdiction if accused travels
Under the Benevolent Neutrality doctrine, this is the proper abroad. [Manotok vs. CA (1986)]
test where conduct arising from religious belief is involved.
(1) Has the govt action created a burden on the free RIGHT TO TRAVEL
exercise? Court must look into sincerity (but not truth) WATCH LIST ORDER
of belief.
Issued against accused in criminal cases (irrespective of
(2) Is there a compelling state interest to justify the nationality in RTC or below), any person with pending case
infringement?
in DOJ
(3) Are the means to achieve the legitimate state objective
the least intrusive? [Escritor, supra]
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Scope: All statutes [includes those of local application and The limitations recognized to the right of information are:
private laws], presidential decreesand executive orders by (1) National security matter including state secrets
President acting under power either directly conferred by regarding military and diplomatic matters, inter-
the Constitution or validly delegated by the legislature, government exchanges prior to the conclusion of
and administrative rules and regulations for implanting treaties and executive agreements.
existing laws, charter of a city, circulars by Monetary Board (2) Trade secrets and banking transactions
Internal regulations and letter of instructions concerning (3) Criminal Matters
guidelines for subordinates and not the public are not (4) Other confidential matters. [Neri v. Senate (2008) citing
included Chavez v. President Commission on Good Government]
Effectivity: Fifteen days after publication unless a different DIPLOMATIC NEGOTIATIONS
effectivity date is fixed by the legislature [Taada v. Tuvera Diplomatic secrets (Diplomatic Negotiations Privilege):
(1986)] Secrecy of negotiations with foreign countries is not
violative of the right to information. Diplomacy has a
ACCESS TO COURT RECORDS confidential nature. While the full text [of the JPEPA] may
SECTION 1. Court personnel shall not disclose to any not be kept perpetually confidential, it is in line with the
unauthorized person any confidential information acquired public interest that the offers exchanged during
by them while employed in the judiciary, whether such negotiations continue to be privileged information.
information came from authorized or unauthorized Furthermore, the information sought includes docs
sources. produced and communicated by a party external to the
PHL govt. However, such privilege is merely presumptive,
Confidential information means information not yet made and will not apply to all cases. [Akbayan v. Aquino (2008)]
a matter of public record relating to pending cases, as well
as information not yet made public concerning the work of COURT HEARINGS
any justice or judge relating to pending cases, including Right of accused over right to public information:
notes, drafts, research papers, internal discussions, With the possibility of losing not only the precious liberty
internal memoranda, records of internal deliberations and but also the very life of an accused, it behooves all to make
similar papers. absolutely certain that an accused receives a verdict solely
on the basis of a just and dispassionate judgment, a verdict
The notes, drafts, research papers, internal discussions, that would come only after the presentation of credible
internal memoranda, records of internal deliberations and evidence testified to by unbiased witnesses unswayed by
similar papers that a justice or judge uses in preparing a any kind of pressure, whether open or subtle, in
decision, resolution or order shall remain confidential even proceedings that are devoid of histrionics that might
after the decision, resolution or order is made public. detract from its basic aim to ferret veritable facts free from
[Canon II Confidentiality Code of Conduct for Court improper influence, and decreed by a judge with an
Personnel (AM No. 03-06-13-SC)] unprejudiced mind unbridled by running emotions or
passions. [Re: Request for Live Radio-TV Coverage of the
Decisions are matters of public concern and interest. Trial in the Sandiganbayan of the Plunder Cases against
former President Joseph Ejercito Estrada, Secretary of Justice
Pleadings and other documents filed by parties to a case Hernando Perez v. Joseph Ejercito Estrada, A.M. No. 00-1-4-
need not be matters of public concern or interest. They are 03-SC, June 29, 2001]
filed for the purpose of establishing the basis upon which
the court may issue an order or a judgment affecting their
rights and interest.
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expropriated per current tax declaration. [Biglang-Awa v. (4) Property must be devoted to public use or otherwise
Judge Bacalla (2000); Bardillon v. Barangay Masili of informally appropriated or injuriously affected
Calamba, Laguna (2003)] (5) Utilization of the property must be in such a way as to
oust the owner and deprive him of beneficial enjoyment
SCOPE AND LIMITATIONS of the property. [Republic v. Castellvi (1974)]
All Private Property capable of ownership may be
expropriated, except money and choses in action. Even DUE PROCESS
services may be subject to eminent domain. [Republic v. Hearing or procedure for determination of propriety of the
PLDT (1969)] expropriation or the reasonableness of the compensation
must be provided. [Belen v. CA (1991)]
Exercise of right to eminent domain is strictly construed
against the State or its agent because such right is EXPANSIVE CONCEPT OF PUBLIC USE
necessarily in derogation of private rights. [Jesus is Lord The idea that "public use" means "use by the public" has
Christian School Foundation v. Municipality of Pasig (2005)] been discarded. At present, whatever may be beneficially
employed for the general welfare satisfies the requirement
NECESSITY of public use. [Heirs of Juancho Ardona vs. Reyes (1983)]
The foundation of the right to exercise eminent domain is
genuine necessity and that necessity must be of public That only a few benefits from the expropriation does not
character. Government may not capriciously or arbitrarily diminish its public-use character, inasmuch as pubic use
choose which private property should be expropriated. now includes the broader notion of indirect public benefit or
[Lagcao v. Judge Labra (2004)] advantage [Filstream International vs. CA (1998)]
Congress - political question Private bus firms, taxicab fleets, roadside restaurants, and
other private businesses using public streets and highways
Delegate do not diminish in the least bit the public character of
(a) Grant of special authority for special purpose- political expropriations for roads and streets. The lease of store
question spaces in underpasses of streets built on expropriated land
(b) Grant of general authority- justiciable question [City of does not make the taking for a private purpose. Airports
Manila v. Chinese Community of Manila (1919)] and piers catering exclusively to private airlines and
shipping companies are still for public use. The
When the power is exercised by the legislature, the expropriation of private land for slum clearance and urban
question of necessity is generally a political question. development is for a public purpose even if the developed
[Municipality of Meycauyan, Bulacan v. Intermediate area is later sold to private homeowners, commercial firms,
Appellate Court (1988)] entertainment and service companies, and other private
concerns. [Heirs of Ardona vs. Reyes (1983)]
The RTC has the power to inquire into the legality of the
exercise of the right of eminent domain and to determine JUST COMPENSATION
whether there is a genuine necessity for it. [Bardillon v. It is the just and complete equivalent of the loss which the
Barangay Masili of Calamba, Laguna (2003)] owner of the thing expropriated has to suffer by reason of
the expropriation.
PRIVATE PROPERTY
Private property already devoted to public use cannot be Full and fair equivalent of the property taken; it is the fair
expropriated by a delegate of legislature acting under a market value of the property. [Province of Tayabas vs. Perez
general grant of authority. [City of Manila v. Chinese (1938)]
Community (1919)]
DETERMINATION
Generally, all private property capable of ownership may Basis:
be expropriated, except money and chooses in action. Fair Market Value
[Republic v. PLDT (1969)] Price fixed by a buyer desirous but not compelled to buy
and a seller willing but not compelled to sell.
A chose in action is a proprietary right in personam, such as
debts owned by another person, a share in a joint-stock Must includeconsequential damages (damages to other
company, or a claim for damages in tort; it is the right to interest of the owner attributable to the expropriation) and
bring an action to recover a debt, money or thing [Blacks deduct consequential benefits (increase of value of other
Law Dictionary] interests attributable to new use of the former property).
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Presidential Decrees merely serve as guide/factors for the beneficiary. [Sta. Rosa Realty & Development Corp. v. Court
courts in determining just compensation [EPZA vs. Dulay, of Appeals (2001)]
148 SCRA 305]
Private property shall not be taken for public use without
Findings of court appointed commissioners regarding the just compensation. [Art. III, Sec. 9]
determination of just compensation are not binding to
courts [Republic v. Santos (1986); Republic (MECS) v. IAC
(1990)] The State may, in the interest of national welfare or
defense, establish and operate vital industries and, upon
The court may substitute its own estimate of the value of payment of just compensation, transfer to public
the property only for valid reasons: (a) the commissioners ownership utilities and other private enterprises to be
have applied illegal principles to the evidence submitted to operated by the government. [Art. XII, Sec. 18]
them; (b) they have disregarded a clear preponderance of
evidence; or (c) where the amount allowed is either grossly The State shall, by law, undertake an agrarian reform
inadequate or excessive. [National Power Corporation v. De program founded on the right of farmers and regular
la Cruz (2007)] farmworkers who are landless, to own directly or collectively
the lands they till or, in the case of other farmworkers, to
When determined receive a just share of the fruits thereof.
General: At the time of the filing of the case
To this end, the State shall encourage and undertake the
Exception: If the value of the property increased because of just distribution of all agricultural lands, subject to such
the use to which the expropriator has put it, the value is priorities and reasonable retention limits as the Congress
that of the time of the taking. [NAPOCOR v. CA (1996)] may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to the
Legal interest: 6%, time when payment is due to actual payment of just compensation.
payment
In determining retention limits, the State shall respect the
EFFECT OF DELAY right of small landowners. The State shall further provide
Just compensation means not only the correct amount to incentives for voluntary land-sharing. [Art. XIII, Sec. 4]
be paid to the owner of the land but also payment within a
reasonable time from its taking [Eslaban v. De Onorio
(2001)] The State shall, by law, and for the common good,
undertake, in cooperation with the private sector, a
General rule on delay of payment: continuing program of urban land reform and housing
For non-payement, the remedy is the demand of payment which will make available at affordable cost, decent housing
of the fair market value of the property and not the and basic services to under-privileged and homeless citizens
recovery of possession of the expropriated lots. [Republic of in urban centers and resettlement areas.
the Philippines v. Court of Appeals (2002); Reyes v. National
Housing Authority (2003)] It shall also promote adequate employment opportunities
to such citizens. In the implementation of such program
Exception: the State shall respect the rights of small property owners.
When the government fails to pay just compensation [Art. XIII, Sec. 9]
within five years from the finality of the judgment in the
expropriation proceedings, the owners concerned shall The National assembly may authorize, upon payment of
have the right to recover possession of their property. just compensation, the expropriation of private lands to be
[Republic of the Philippines v. Vicente Lim (2005)] subdivided into small lots and conveyed at cost to
deserving citizens. [Art. XIV, Sec. 13]
ABANDONMENT OF INTENDED USE AND RIGHT OF
REPURCHASE
If the expropriator (government) does not use the property
for a public purpose, the property reverts to the owner in fee
simple. [Heirs of Moreno vs. Mactan-Cebu International Contracts Clause
Airport (2005)]
No law impairing the obligation of contracts shall be
MISCELLANEOUS APPLICATION
passed. [Art. III, Sec. 10]
TAKING UNDER SOCIAL JUSTICE CLAUSE
Agrarian Reform (Art. XIII, Sec. 4):This provision is an
exercise of the police power of the State through eminent APPLICATION OF THE CONTRACT CLAUSE
domain (Association of Small Landowners vs. Secretary of Impairment is anything that diminishes the efficacy of the
Agrarian Reform) as it is a means to regulate private contract. [Clements v. Nolting (1922)]
property.
REQUISITES:
Retention limits prescribed by the Comprehensive (1) Substantial impairment
Agrarian Reform Law is also form of taking under the (a) change the terms of legal contract either in time or
power of eminent domain. The taking contemplated is not mode of performance
a mere limitation on the use of the land, but the surrender (b) impose new conditions
of the title to and physical possession of the excess and all (c) dispenses with expressed conditions
beneficial rights accruing to the owner in favor of the (d) authorizes for its satisfaction something different from
that provided in the terms
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(2) Affects rights of parties with reference to each other, and three thousand (P3,000.00) pesos a month if residing
and not with respect to non-parties. [Philippine Rural outside Metro Manila, and (b) who do not own real
Electric Cooperatives Association v. Secretary, DILG property with an assessed value of more than fifty
(2003)] thousand (P50,000.00) pesos shall be exempt from the
payment of legal fees.
CONTEMPORARY APPLICATION OF THE CONTRACT
CLAUSE The legal fees shall be a lien on any judgment rendered in
WHEN NON-IMPAIRMENT CLAUSE PREVAILS: the case favorably to the indigent litigant, unless the court
(1) against power of taxation otherwise provides.
(2) regulation on loans
To be entitled to the exemption herein provided, the
New regulations on loans making redemption of property litigant shall execute an affidavit that he and his
sold on foreclosure stricter are not allowed to apply immediate family do not earn a gross income
retroactively. [Co v. Philippine National Bank (1982)] abovementioned, nor they own any real property with the
assessed value aforementioned, supported by an affidavit
WHEN NON-IMPAIRMENT CLAUSE YIELDS: of a disinterested person attesting to the truth of the
(1) Invalid exercise of police power i.e zoning regulation litigant's affidavit.
[Presley v. Bel-Air Village Association (1991)], premature
campaign ban [Chavez v. COMELEC (2004)], liquidation Any falsity in the affidavit of a litigant or disinterested
of a chartered bank [Philippine Veterans Bank person shall be sufficient cause to strike out the pleading
Employees Union v. Philippine Veterans Bank (1990)] of that party, without prejudice to whatever criminal
(2) Statute that exempts a party from any one class of liability may have been incurred. [Rule 141, Sec. 18, Rules of
taxes Court]
(3) Against freedom of religion [Victoriano v. Elizalde Rope
Workers (1974)] Indigent party. A party may be authorized to litigate his
(4) Judicial or quasi-judicial order action, claim or defense as an indigent if the court, upon an
ex parte application and hearing, is satisfied that the party
The non-impairment clause is a limit on legislative power, is one who has no money or property sufficient and
and not of judicial or quasi-judicial power. The approval of available for food, shelter and basic necessities for himself
the Rehabilitation Plan by the Securities and Exchange and his family.
Commission is an exercise of adjudicatory power by an
administrative agency and thus the non-impairment Such authority shall include an exemption from payment
clause does not apply. Neither does it impair the power to of docket and other lawful fees, and of transcripts of
contract. [BPI v. SEC (2007)] stenographic notes which the court may order to be
furnished him. The amount of the docket and other lawful
Note:Timber licenses, permits, and license agreements are fees which the indigent was exempted from paying shall
the principal instruments by which the State regulates the be a lien on any judgment rendered in the case favorable
utilization and disposition of forest resources to the end to the indigent, unless the court otherwise provides.
that public welfare is promoted. They are not deemed
contracts within the purview of the due process of law Any adverse party may contest the grant of such authority
clause. [Oposa v. Factoran (1993)]
at any time before judgment is rendered by the trial court.
If the court should determine after hearing that the party
LIMITATIONS declared as an indigent is in fact a person with sufficient
It is ingrained in jurisprudence that the constitutional
income or property, the proper docket and other lawful
prohibition does not prohibit every change in existing laws. fees shall be assessed and collected by the clerk of court.
To fall within the prohibition, the change must not only If the payment is not made within the time fixed by the
impair the obligation of the existing contract, but the
court, execution shall issue or the payment thereof,
impairment must be substantial. Moreover, the law must without prejudice to such other sanctions as the court may
effect a change in the rights of the parties with reference to
impose. [Rule 3, Sec. 21, Rules of Court]
each other, and not with respect to non-parties. [Philippine
Rural Electric Cooperatives Association v. Secretary, DILG
(2003)] RA NO. 9999
FREE LEGAL ASSISTANCE ACT OF 2010
Legal services- any activity which requires the application of
law, legal procedure, knowledge, training and experiences
which shall include, among others, legal advice and
Legal Assistance and Free counsel, and the preparation of instruments and contracts,
including appearance before the administrative and quasi-
Access to Courts judicial offices, bodies and tribunals handling cases in
court, and other similar services as may be defined by the
Supreme Court.
Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty. [Art. III, Sec. 11] Section 4. Requirements for Availment. - For purposes of
availing of the benefits and services as envisioned in this
Act, a lawyer or professional partnership shall secure a
SEC. 18. Indigent litigants exempt from payment of legal certification from the Public Attorney's Office (PAO), the
fees.Indigent litigants (a) whose gross income and that of Department of Justice (DOJ) or accredited association of
their immediate family do not exceed four thousand the Supreme Court indicating that the said legal services
(P4,000.00) pesos a month if residing in Metro Manila, to be provided are within the services defined by the
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Supreme Court, and that the agencies cannot provide the (1) He has a right to remain silent;
legal services to be provided by the private counsel. (2) That any statement he makes may be used as evidence
against him; and
For purpose of determining the number of hours actually (3) That he has a right to the presence of an attorney,
provided by the lawyer and/or professional firm in the either retained or appointed.
provision of legal services, the association and/or
organization duly accredited by the Supreme Court shall RA 7438, RIGHTS OF PERSONS UNDER CUSTODIAL
issue the necessary certification that said legal services INVESTIGATION
were actually undertaken. Section 1. Statement of Policy. - It is the policy of the Senate
to value the dignity of every human being and guarantee
Section 5. Incentives to Lawyers. - For purposes of this Act, full respect for human rights
a lawyer or professional partnerships rendering actual free
legal services, as defined by the Supreme Court, shall be Section 2. Rights of Persons Arrested, Detained or Under
entitled to an allowable deduction from the gross income, Custodial Investigation; Duties of Public Officers.
the amount that could have been collected for the actual free Any public officer or employee, or anyone acting under his
legal services rendered or up to ten percent (10%) of the gross order or his place, who arrests, detains or investigates any
income derived from the actual performance of the legal person for the commission of an offense:
profession, whichever is lower: Provided, That the actual (1) shall inform the latter, in a language known to and
free legal services herein contemplated shall be exclusive understood by him,
of the minimumsixty (60)-hour mandatory legal aid services (2) of his rights to remain silentand
rendered to indigent litigants as required under the Rule (3) to have competent and independent counsel,
on Mandatory Legal Aid Services for Practicing Lawyers, preferably of his own choice,
under BAR Matter No. 2012, issued by the Supreme Court. (4) who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial
Note: The significance of having an explicit free access investigation.
provisions in the Constitution may be gathered from the (5) If such person cannot afford the services of his own
rocky road which free access seems to have traveled in counsel, he must be provided with a competent and
American jurisprudence. The American constitution does independent counsel by the investigating officer.
not have an explicit free access provision and, hence, its
free access doctrine has been developed as implicit from AVAILABILITY
both the equal protection clause and the due process (1) When the person is already under custodial
clause. [Bernas] investigation
(2) Custodial investigation involves any questioning
initiated by law enforcement
(3) During critical pre-trial stages in the criminal process
Rights of Suspects CUSTODIAL INVESTIGATION
Involves any questioning initiated by law enforcement
(1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right When the investigation is no longer a general inquiry unto
to remain silent and to have competent and an unsolved crime but has begun to focus on a particular
independent counsel preferably of his own choice. If suspect, as when the suspect has been taken into police
the person cannot afford the services of counsel, he custody and the police carries out a process of
must be provided with one. These rights cannot be interrogation that lends itself to eliciting incriminating
waived except in writing and in the presence of statements. [People vs. Mara (1994)]
counsel.
(2) No torture, force, violence, threat, intimidation, or any Includes issuing an invitation to a person under
other means which vitiate the free will shall be used investigationin connection with an offense he is suspected
against him. Secret detention places, solitary, to have committed. [Sec. 2, RA 7438]
incommunicado, or other similar forms of detention are
prohibited. CRITICAL PRE-TRIAL STAGE
(3) Any confession or admission obtained in violation of Any critical confrontation by the prosecution at pretrial
this or Section 17 hereof shall be inadmissible in proceedingswhere the results might well determine his
evidence against him. fate andwhere the absence of counsel might derogate
(4) The law shall provide for penal and civil sanctions for from his right to a fair trial. [U.S. vs. Wade (1967)]
violations of this section as well as compensation to the
rehabilitation of victims of torture or similar practices, SHOW - UP AND POLICE LINE-UP
and their families. [Art. III, Sec. 12] General: No right to counsel
In Miranda v. Arizona: The Federal Supreme Court made it Out-of-court identification like a show up (accused is
clear that what is prohibited is the "incommunicado brought face to face with the witness for identification), or
interrogation of individuals in a police dominated police line-up (suspect is identified by witness from a
atmosphere, resulting in self- incriminating statements group of persons gathered for that purpose)
without full warnings of constitutional rights.
Exception: Right to counsel if accusatory
MIRANDA RIGHTS
The person under custodial investigation must be warned The moment there is a move or even an urge of said
that: investigators to elicit admissions or confessions or even
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RIGHT AGAINST SELF-INCRIMINATION UNDER ART. III, SEC. 12 (1) Must be in writing
The warning of the right to remain silent must be (2) Made in the presence of counsel [Art. III, Sec. 12]
accompanied by the explanation that anything said can
and will be used against the individual in court. RA 7438, RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
Section 2. Rights of Persons Arrested, Detained or Under
This warning is needed in order to make him aware not Custodial Investigation; Duties of Public Officers.
only of the privilege to remain silent, but also of the (e) Any waiver by a person arrested or detained under the
consequences of forgoing it. provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and
RIGHT TO COUNSEL signed by such person in the presence of his counsel;
Rights of Persons Arrested, Detained or Under Custodial otherwise the waiver shall be null and void and of no
Investigation; Duties of Public Officers. effect.
(a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel; BURDEN OF PROVING VOLUNTARINESS OF WAIVER [PEOPLE V.
otherwise the waiver shall be null and void and of no JARA, 1986]
effect. [RA 7438, Rights of Persons under Custodial Presumption against the waiver
Investigation; Section 2.] Burden of proof: prosecution
prosecution must prove with strongly convincing evidence to
Essence: when a counsel is engaged by anyone acting on the satisfaction of this Court that indeed the accused:
behalf of the person under investigation, or appointed by (1) Willingly and voluntarily submitted his confession and
the court upon petition by said person or by someone on (2) Knowingly and deliberately manifested that he was not
his behalf. [People v. Espiritu (1999)] interested in having a lawyer assist him during the
taking of that confession.
Competent and independent counsel preferably of the
suspects own choice
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Rights of the Accused (h) To have speedy, impartial and public trial.
(d) To testify as a witness in his own behalf but subject to BAIL AS A MATTER OF RIGHT VS. MATTER OF DISCRETION
cross-examination on matters covered by direct Matter of right Matter of Discretion
examination. His silence shall not in any manner
prejudice him. Bail is a matter of (1) In case the evidence of guilt is
right in all cases not strong. In such a case,
(e) To be exempt from being compelled to be a witness punishable by according to People v. San
against himself. reclusion perpetua. Diego (1966), the court's
discretion to grant bail must be
(f) To confront and cross-examine the witnesses against exercised in the light of a
him at the trial. Either party may utilize as part of its summary of the evidence
evidence the testimony of a witness who is deceased, presented by the prosecution.
out of or cannot with due diligence be found in the Thus, the order granting or
Philippines, unavailable, or otherwise unable to testify, refusing bail must contain a
given in another case or proceeding, judicial or summary of the evidence for
administrative, involving the same parties and subject the prosecution followed by the
matter, the adverse party having the opportunity to conclusion on whether or not
cross-examine him. the evidence of guilt is strong
(Note: it is not the existence of
(g) To have compulsory process issued to secure the guilt itself which is concluded
attendance of witnesses and production of other but the strength of the
evidence in his behalf. probability that guilt exists).
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(2) In extradition proceedings. The accused cannot present evidence before the
Extradition courts do not prosecution does so, even if the accused pleads guilty. It
render judgments of conviction violates the presumption of innocence. [Alejandro vs.
or acquittal so it does not Pepito (1980)]
matter WON the crimes the
accused is being extradited for The presumption of regularity (in official duties) cannot by
is punishable by reclusion itself prevail over the presumption of innocence of the
perpetua[US Govt. v. Judge accused. But where it is not the sole basis for conviction,
Puruganan and Mark Jimenez the presumption of regularity of performance of official
(2002)] functions may prevail over the constitutional presumption
of innocence. [People vs. Acuram (2000)]
WHEN AVAILABLE
General rule:From the very moment of arrest (which may be Equipoise Rule
before or after the filing of formal charges in court) up to Where the evidence adduced by the parties is evenly
the time of conviction by final judgment (which means balanced, the constitutional presumption of innocence
after appeal). should tilt the balance in favor of the accused. [Corpuz vs.
People (1991)]
No charge need be filed formally before one can file for
bail, so long as one is under arrest. [Heras Teehankee v. In order that circumstantial evidence may warrant
Rovica (1945)] conviction, the following requisites must concur:
(1) There is more than one circumstance
Arraignment of the accused is not essential to the approval (2) The facts from which the inferences are derived are
of the bail bond. When bail is authorized, it should be proven
granted before arraignment. Otherwise the accused may (3) The combination of all the circumstances is such as to
be precluded from filing a motion to quash. Also, the court produce conviction beyond reasonable doubt. [People
will be assured of the presence of the accused at the v. Bato (1998)]
arraignment precisely by grating bail and ordering his
presence at any stage of the proceeding. [Lavides v. CA RIGHT TO BE HEARD
(2000)] Any person under investigation for the commission of an
offense shall have the right to be informed of his right to
Exceptions: remain silent and to have competent and independent
(1) When charged with an offense punishable by reclusion counsel preferably of his own choice. If the person cannot
perpetua. afford the services of counsel, he must be provided with
(2) Traditionally, the right to bail is not available to the one. These rights cannot be waived except in writing and in
military, as an exception to the bill of rights. [People v. the presence of counsel. [Art. III, Sec. 12]
Reyes (1992)]
It means the accused is amply accorded legal assistance
STANDARDS FOR FIXING BAIL extended by a counsel who commits himself to the cause
RULE 114. Sec. 9. Amount of bail; guidelines. The judge of the defense and acts accordingly. It is an efficient and
who issued the warrant or granted the application shall fix truly decisive legal assistance, and not simply a
a reasonable amount of bail considering primarily, but not perfunctory representation. [People v. Bermas (1999)]
limited to, the following factors:
(a) Financial liability of the accused to give bail; ASSISTANCE OF COUNSEL
(b) Nature and circumstance of the offense; RA 7438. Rights of Persons under Custodial Investigation.
(c) Penalty for the offense charged; SEC. 2. Rights of Persons Arrested, Detained or Under
(d) Character and reputation of the accused; Custodial Investigation; Duties of Public Officers. (a) Any
(e) Age and health of the accused; person arrested detained or under custodial investigation
(f) Weight of the evidence against the accused; shall at all times be assisted by counsel;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
Elements of the Right to Counsel
(i) The fact that the accused was a fugitive from justice (1) Courts duty to inform the accused of right to counsel
when arrested; and
before being arraigned;
(j) Pendency of other cases where the accused is on bail. (2) It must ask him if he desires the services of counsel;
Excessive bail shall not be required. (3) If he does, and is unable to get one, the Court must
give him one; if the accused wishes to procure private
"Discretion is with the court called upon to rule on the counsel, the Court must give him time to obtain one.
question of bail. We must stress, however, that where (4) Where no lawyer is available, the Court may appoint
conditions imposed upon a defendant seeking bail would any person resident of the province and of good repute
amount to a refusal thereof and render nugatory the for probity and ability.
constitutional right to bail, we will not hesitate to exercise
our supervisory powers to provide the required remedy. RIGHT TO BE INFORMED
[Dela Camara v. Enage (1971)] Procedural due process requires that the accused must be
informed why he is being prosecuted and what charge he
PRESUMPTION OF INNOCENCE must meet. [Vera vs. People, supra]
The requirement of proof beyond reasonable doubt is a
necessary corollary of the constitutional right to be Note: Description, not designation of offense, is controlling
presumed innocent. [People vs. Dramavo (1971)]
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RIGHT OF CONFRONTATION An issue has been raised as to WON petitioner could waive
This is the basis of the right to cross-examination. his right to be present during trial.
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The privilege of the writ of habeas corpus shall not be RESTRAINT OF LIBERTY
suspended except in cases of invasion or rebellion when Not only physical restraint, any restraint on freedom of
the public safety requires it. [Art. III, Sec. 15] action is sufficient i.e (1) curtailed freedom of movement by
the condition that he must get approval of respondents for
any travel outside Metro Manila, (2) abridged liberty of
The President shall be the Commander-in-Chief of all abode because prior approval of respondent is required in
armed forces of the Philippines and whenever it becomes case petitioner wants to change place of residence, (3)
necessary, he may call out such armed forces to prevent or abridged freedom of speech due to prohibition from taking
suppress lawless violence, invasion or rebellion. any interviews inimical to national security, and (4)
petitioner is required to report regularly to respondents or
In case of invasion or rebellion, when the public safety their reps. [Moncupa v. Enrile (1986)]
requires it, he may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or place Note: Even if the party to whom the writ is addressed has
the Philippines or any part thereof under martial law. illegally parted with the custody of a person before the
Within forty-eight hours from the proclamation of martial application for the writ is no reason why the writ should not
law or the suspension of the privilege of the writ of habeas issue. [Villavicencio v. Lukban (1919)]
corpus, the President shall submit a report in person or in
writing to the Congress. Test for valid suspension of the privilege of the writ:
arbitrariness, not correctness
The Congress, voting jointly, by a vote of at least a majority
of all its Members in regular or special session, may revoke Conditions for valid suspension:
such proclamation or suspension, which revocation shall (1) Presence of invasion, insurrection or rebellion
not be set aside by the President. (2) Public safety requires it [Lansang v. Garcia (1971)]
Upon the initiative of the President, the Congress may, in
the same manner, extend such proclamation or
suspension for a period to be determined by the Congress,
if the invasion or rebellion shall persist and public safety
requires it.
Writ of Amparo, Habeas Data
The Congress, if not in session, shall, within twenty-four
and Kalikasan
hours following such proclamation or suspension, convene WRIT OF AMPARO
in accordance with its rules without need of a call. The petition for a writ of amparo is a remedy available to
The Supreme Court may: 1) review, 2) in an appropriate any person whose right to life, liberty and security is
proceeding; 3) filed by any citizen, 4) the sufficiency of the violated or threatened with violation by an unlawful act or
factual basis of the proclamation of martial law or the omission of a public official or employee, or of a private
suspension of the privilege of the writ or the extension individual or entity. [Sec. 1, The Rule on the Writ of Amparo]
thereof, and 5) must promulgate its decision thereon
within thirty days from its filing. Basis
The Supreme Court shall have the following powers: xxx
A state of martial law does not suspend the operation of (5) Promulgate rules concerning the protection and
the Constitution, nor supplant the functioning of the civil
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enforcement of constitutional rights, xxx. Such rules shall Filing Enforceability Returnable
provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts (3) Any RTC of
of the same grade, and shall not diminish, increase, or the place where
modify substantive rights. Xxx [Art. VIII, Sec. 5] the threat, act or
omission was
PETITION FOR WRIT committed or
Form any of its
The petition shall be signed and verified. [Sec. 5] elements
occurred
Contents
The petition shall allege the following: Docket fees: None [Sec. 4]
(1) The personal circumstances of the petitioner
(2) The name and personal circumstances of the Return
respondent responsible for the threat, act or omission, Within 72 hours after service of the writ, the respondent
or, if the name is unknown or uncertain, the respondent shall file a verified written return together with supporting
may be described by an assumed appellation affidavits which shall, among other things, contain his
(3) The right to life, liberty and security of the aggrieved defenses. A general denial is not allowed. [Sec. 9]
party violated or threatened with violation by an
unlawful act or omission of the respondent, and how Hearing
such threat or violation is committed with the Summary or court may call for a preliminary conference;
attendant circumstances detailed in supporting given same priority as petition for habeas corpus [Sec. 13]
affidavits
(4) The investigation conducted, if any, specifying the Burden of proof
names, personal circumstances, and addresses of the Substantial evidence
investigating authority or individuals, as well as the
manner and conduct of the investigation, together with Defense:
any report Private individual ordinary diligence; public official
(5) The actions and recourses taken by the petitioner to extraordinary diligence, no presumption of regularity of
determine the fate or whereabouts of the aggrieved duties [Sec. 17]
party and the identity of the person responsible for the
threat, act or omission The Manalo brothers were abducted, detained, and
(6) The relief prayed for. tortured repeatedly by the military. After their escape, they
filed a petition for the privilege of the Writ of Amparo. The
The petition may include a general prayer for other just Supreme Court granted the petition and held that there
and equitable reliefs. [Sec. 5] was a continuing violation of the Manalos right to security.
Where to file
The petition may be filed on any day and at any time [Sec. As regards the relief granted, the Court held that the
3] production order under the Amparo rule is different from a
search warrant and may be likened to the production of
documents or things under Rule 27.1, ROC. [Secretary of
Filing Enforceability Returnable National Defense v. Manalo (2008)]
RTC of the place Before the
where the threat, issuing court or WRIT OF HABEAS DATA (SEE PREVIOUS DISCUSSION)
act or omission judge The writ of habeas data is an independent and summary
was committed remedy designed to protect the image, privacy, honor,
or any of its information, and freedom of information of an individual,
elements and to provide a forum to enforce ones right to the truth
occurred and to informational privacy.
Sandiganbayan (1) Before the
or any of its issuing court or There must be a nexus between right to privacy and right
Anywhere in the
justices any justice to life, liberty and security.
Philippines
Court of Appeals thereof, OR
or any of its (2) Any RTC of RIGHT TO INFORMATIONAL PRIVACY V. LEGITIMATE STATE INTEREST
justices the place where The determination of whether the privilege of the writ
the threat, act or of habeas data, being an extraordinary remedy, may be
omission was granted in this case entails a delicate balancing of the
committed or alleged intrusion upon the private life of Gamboa and the
any of its relevant state interest involved. [Gamboa v. P/Ssupt.
elements Marlou C. Chan, et al., (2012)]
occurred
SC or any of its (1) Before the WRIT OF KALIKASAN
justices issuing court or Remedy against violation or threat of violation of
any justice constitutional right to a balanced and healthful ecology by
thereof an unlawful act or omission of a public official or
(2) Before the employee, or private individual or entity, involving
Sandiganbayan environmental damage of such magnitude as to prejudice
Anywhere in the
or CA or any of the life, health or property of inhabitants in two or more
Philippines
their justices, OR cities or provinces
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FOREIGN LAWS
WHO MAY FILE: The privilege which exists as to private papers, cannot be
Natural or juridical persons, NGO or public interest groups maintained in relation to records required by law to be
in behalf of persons whose right is violated kept in order that there may be suitable information of
transactions which are the appropriate subjects of
WHO HAS JURISDICTION governmental regulation and the enforcement of
Supreme Court or Court of Appeals restrictions validly established. [Shapiro v. US (1948)]
DOCKET FEES: None In recent cases, the US Supreme Court has struck down
certain registration requirements that presented real and
WHEN IS WRIT ISSUED: appreciable risk of self-incrimination. These involved
Within three (3) days from the date of filing of the petition, statues directed at inherently suspect groups in areas
if the petition is sufficient in form and substance permeated by criminal statutes, a circumstance which laid
the subjects open to real risk of self-incrimination. [Bernas]
RETURN OF RESPONDENT
Within a non-extendible period of ten (10) days after The great majority of persons who file income tax returns
service of the writ, the respondent shall file a verified do not incriminate themselves by disclosing their
return which shall contain all defenses; all defenses not occupation. [US v. Sullivan (1927)]
raised are deemed waived
APPLICATION
HEARING General Rule: The privilege is available in any proceedings,
Preliminary conference; same prioprity as other writs [no even outside the court, for they may eventually lead to a
more than 60 days]; criminal prosecution.
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A private person who contracts obligations of this sort In this case the Court took into account, in lowering the
toward the Army cannot, by law that we know of, either penalty to reclusion perpetua of the accused most of whom
civil or military be compelled to fulfill them by were already death row convicts, the deplorable sub-
imprisonment and deportation from his place of residence, human conditions of the National Penitentiary where the
we deem it wholly improper to sustain such means of crime was committed. [People vs. dela Cruz (1953)]
compulsion which are not justified either by law or by the
contract. [In Re Brooks (1901)] What is Prohibited: Cruel and unusual punishment.
Unusual punishment is not prohibited especially if it makes
Domestic services are always to be remunerated, and no the penalty less severe.
agreement may subsist in law in which it is stipulated that
any domestic service shall be absolutely gratuitous, unless What is a cruel punishment?
it be admitted that slavery may be established in this (1) Involves torture or lingering death [Legarda v. Valdez
country through a covenant entered into between (1902)]
interested parties. [de los Reyes v. Alojado (1910)] (2) Not only severe, harsh or excessive but flagrantly and
plainly oppressive
A former court stenographer may be compelled under pain (3) Wholly disproportionate to the nature of the offense as
of contempt to transcribe stenographic notes he had failed to shock the moral sense of the community [People v.
to attend to while in service. x xx such compulsion is not Estoista (1953)]
the condition of enforced compulsory service referred to by
the Constitution. Note: The constitutional limit must be reckoned on the
basis of the nature and mode of punishment measured in
Fernando, J. concurring opinion: terms of physical pain
The matter could become tricky should a stenographer
stubbornly refuse to obey and the court insist on keeping RA 9346 (JUNE 24, 2006): AN ACT PROHIBITING THE
him in jail. The detention could then become punitive and IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES
give rise to the issue of involuntary servitude. [Aclaracion v. Sec. 1. The imposition of the penalty of death is hereby
Gatmaitan (1975)] prohibited. Accordingly, R.A. No. 8177, otherwise known as
the Act Designating Death by Lethal Injection is hereby
POLITICAL PRISONERS repealed. R.A. No. 7659, otherwise known as the Death
If the petitioners are political prisoners subject to the civil Penalty Law, and all other laws, executive orders and
jurisdiction of ordinary courts of justice if they are to be decrees, insofar as they impose the death penalty are
prosecuted at all, the army has no jurisdiction, nor power, hereby repealed or amended accordingly.
nor authority, from all legal standpoints, to continue
holding them in restraint. They are entitled, as a matter of The import of the grant of power to Congress to restore the
fundamental right, to be immediately released, any death penalty requires:
allegation as to whether the war was ended or not. (1) that Congress define or describe what is meant by
[Raquiza v. Bradford (1945)] heinous crimes
(2) that Congress specify and penalize by death, only crimes
Sec. 19 of CA No. 682 authorizes that the political that qualify as heinous in accordance with the definition
prisoners in question "may be released on bail, even prior or description set in the death penalty bill and/or
to the presentation of the corresponding information," and designate crimes punishable by reclusion perpetua to
this may be done "existing provisions of law to the contrary death in which latter case, death can only be imposed
notwithstanding." We must assume that the discretion upon the attendance of circumstances duly proven in
granted must be construed in the sense that the same may court that characterize the crime to be heinous in
be exercised in cases wherein it was not heretofore granted accordance with the definition or description set in the
by law. And it is reasonable to assume that the discretion death penalty bill
granted is to the effect that the People's Court may (3) that Congress, in enacting this death penalty bill be
exercise jurisdiction to order the release on bail of political singularly motivated by compelling reasons involving
prisoners "even prior to the presentation of the heinous crimes.
corresponding information." [Duran v. Abad Santos (1945)]
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For a death penalty bill to be valid, a positive manifestation ordinance, conviction or acquittal under either shall
in the form of higher incidence of crime should first be constitute a bar to another prosecution for the same act.
perceived and statistically proven following the suspension [Art. III, Sec. 21]
of the death penalty [is not required in Sec. 19 (1)]. Neither
does the said provision require that the death penalty be TERMINATION OF JEOPARDY
resorted to as a last recourse when all other criminal (1) By acquittal
reforms have failed to abate criminality in society. [People (2) By final conviction
v. Echegaray (1997)] (3) By dismissal without express consent of accused
(4) By dismissal on the merits
Sec 19 (2) as worded, already embodies constitutional
authorization for the Commission on Human Rights to take REQUISITES
action in accordance with Art XIII Sec 18. There is a (1) Court of competent jurisdiction;
command addressed to Congressed to pass whatever civil (2) A Complaint/Information sufficient in form and
or penal legislation might be required for the subject. substance to sustain a conviction;
[Bernas] (3) Arraignment and plea by the accused;
(4) Conviction, acquittal, or dismissal of the case without
the express consent, of the accused. [Rule 117, Sec. 7;
People vs. Obsania (1968)]
Non-Imprisonment for Debts WHEN SUBSEQUENT PROSECUTION IS BARRED
(1) Same offense
No person shall be imprisoned for debt or non-payment (2) Attempt of the same offense
of a poll tax. [Art. III, Sec. 20] (3) Frustration of the same offense
(4) Offense necessarily included in the 1st offense (All the
SCOPE elements of the 2nd constitute some of the elements of
(1) Debt any civil obligation arising from a contract. It the 1st offense)
includes even debts obtained through fraud since no (5) Offense that necessarily includes the 1st offense (All
distinction is made in the Constitution. [Ganaway v. the elements of the 1st constitute some of the elements
Quillen (1922)] of the 2nd offense)
(2) Poll Tax a specific sum levied upon any person
belonging to a certain class without regard to property EXCEPTIONS
or occupation (e.g. community tax). (1) The graver offense developed due to "supervening
facts" arising from the same act or omission
A tax is not a debt since it is an obligation arising from law. constituting the former charged.
Hence, its non-payment maybe validly punished with (2) The facts constituting the graver charge became
imprisonment. known or were discovered only after the filing of the
former complaint or information.
Santos refused to pay 16 pesos for Ramirezs cedula as (3) The plea of guilty to the lesser offense was made
payment for what Santos owed Ramirez. Thus, Ramirez without the consent of the fiscal and the offended
was convicted and imprisoned for estafa. Upon demand for party.
release, the Court held that the imprisonment was correct
since it was for estafa and not involuntary servitude or WHEN DEFENSE OF DOUBLE JEOPARDY IS AVAILABLE
imprisonment for debt. [Ramirez v. de Orozco (1916)] (1) Dismissal based on insufficiency of evidence;
(2) Dismissal because of denial of right to speedy trial;
The obligation incurred by the debtor, as shown by the (3) Accused is discharged to be a state witness.
receipt, was to pay an ordinary contractual obligation.
Since the guardianship proceeding was civil in nature, the MOTIONS FOR RECONSIDERATION AND APPEALS
Court did not allow enforcement of the civil obligation by The accused cannot be prosecuted a second time for the
an order of imprisonment. [In re Tamboco (1917)] same offense and the prosecution cannot appeal a
judgment of acquittal. [Kepner v. US (1904)]
No person may be imprisoned for debt in virtue of a civil
proceeding. [Makapagal v. Santamaria (1930)] Provided, that the judge considered the evidence, even if
the appreciation of the evidence leading to the acquittal is
A person may be imprisoned as a penalty for a crime erroneous, an appeal or motion for reconsideration by the
arising from a contractual debt and imposed in a proper prosecution will not be allowed. [People v. Judge Velasco
criminal proceeding. Thus, the conversion of a criminal fine (2000)]
into a prison term does not violate the provision because in
such a case, imprisonment is imposed for a monetary No error, however, flagrant, committed by the court
obligation arising from a crime. [Ajeno v. Judge Insero against the state, can be reserved by it for decision by the
(1976)] Supreme Court when the defendant has once been placed
in jeopardy and discharged even though the discharge was
the result of the error committed. [People v. Ang Cho (1945)
citing State v. Rook]
Double Jeopardy A mere verbal dismissal is not final until written and
signed by the judge. [Rivera, Jr. v. People (1990)]
No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an
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When an accused appeals his conviction, he waives his The prohibition applies only to criminal legislation which
right to the plea of double jeopardy. If the accused had affects the substantial rights of the accused. [Phil. National
been prosecuted for a higher offense but was convicted for Bank v. Ruperto (1960)]
a lower offense, he has technically been acquitted of the
higher offense. His appeal would give the Court the right to It applies to criminal procedural law prejudicial to the
impose a penalty higher than that of the original conviction accused. [US v. Gomez (1908)]
imposed on him. [Trono v. US (1905)]
It is improper to apply the prohibition to an executive
Double jeopardy provides three related protections: proclamation suspending the privilege of the writ of
(1) Against a second prosecution for the same offense after habeas corpus. [Montenegro v. Castaeda (1952)]
acquittal;
(2) Against a second prosecution for the same offense after BILLS OF ATTAINDER
conviction; and A bill of attainder is a legislative act which inflicts
(3) Against multiple punishments for the same offense. punishment without judicial trial. If the punishment be less
[People v. Dela Torre (2002)] than death, the act is termed a bill of pains and penalties.
Within the meaning of the Constitution, bills of attainder
DISMISSAL WITH CONSENT OF ACCUSED include bills of pains and penalties. [Cummings v. Missouri
Provisional dismissal.A case shall not be provisionally (1867)]
dismissed except with the express consent of the accused
and with notice to the offended party. [Rule 117, Sec. 8 (1)] It is a general safeguard against legislative exercise of the
judicial function, or trial by legislature. [US v. Brown (1965)]
When the case is dismissed other than on the merits, upon
motion of the accused personally, or through counsel, such
dismissal is regarded as with express consent of the
accused, who is therefore deemed to have waived the
right to plea double jeopardy.
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APPOINTMENT
Nature of an Appointment essentially discretionary
powerand cannot be delegated; it must be performed by Modes and Kinds of
the officer upon whom it is vested according to his best
lights, the only condition being that the appointee should Appointment
possess the qualifications required by law. If he does, then
the appointment cannot be faulted on the ground that CLASSIFICATION OF APPOINTMENTS
there are others better qualified who should have been (1) Permanent:
preferred [Luego v. CSC (1986)] The permanent appointee:
(a) must be qualified
Definition (b) must be eligible
(c) is constitutionally guaranteed security of tenure
Designation Appointment
Duration: until lawful termination.
Definition Note: Conditional appointments are not permanent.
Imposition of additional Appointing authority selects (2) Temporary:
duties upon existing office an individual who will (a) an acting appointment;
occupy a certain public (b) cannot be validly confirmed by the Commission
office on Appointments because confirmation
Extent of Powers presupposes a valid nomination or ad interim
appointment
Limited Comprehensive (c) has no personality to bring a quo warranto action
Security of Tenure? against the permanent appointee to the position
(d) An unqualifiedperson cannot be appointed even
No Yes in an acting capacity [Ignacio v. Banate, Jr. (1987)]
Is prior/1st office abandoned when (e) Has no fixed tenure of office - revocable at will:
nd just cause or valid investigation UNNECESSARY
a 2nd designated position a 2 appointive position is if based only on loss of confidence;
is assumed? assumed? Usually YES (i) an acting appointment is a temporary
NO appointment and revocable in character.
[Marohombsar v. Alonto (1991)]
Political. Appointment is generally a political question so (ii) A temporary appointee is like a designated
long as the appointee fulfills the minimum qualification officer they:
requirements prescribed by law. (1) occupy a position in an acting capacity and
(2) do not enjoy security of tenure. [Sevilla v.
Vacancy for Validity. For the appointment to be valid, the CA (1992)]
position must be vacant [Castin v. Quimbo (1983)] (iii) Even a Career Service Officer unqualified for
the position is deemed temporarily-
Nature of Power to Appoint. appointed. Thus he does not enjoy security of
The power to appoint is intrinsically an executive act tenure he is terminable at will.
involving the exercise of discretion. [Concepcion v. Paredes (iv) A public officer who later accepts a
(1921)] temporary appointment terminates his
relationship with his former office.
Must be unhindered and unlimited by Congress. Congress [Romualdez III v. CSC (1991)]
cannot either appoint a public officer or impose upon the (v) Except: Fixed-Period Temporary Appointments
President the duty to appoint any particular person to an may be revoked ONLY at the periods
office. The appointing power is the exclusive prerogative of expiration. Revocation before expiration must
the President, upon which no limitations may be imposed by be for a valid cause.
Congress, EXCEPT those: (vi) Duration: until a permanent appointment is
(1) requiring the concurrence of the Commission on issued.
Appointments; and
(2) resulting from the exercise of the limited legislative STEPS IN APPOINTMENT PROCESS
power to prescribe the qualifications to a given FOR APPOINTMENTS REQUIRING CONFIRMATION
appointive office. [Manalang v. Quitoriano (1954)] Regular Appointments (NCIA)
(1) President nominates.
The Presidents power to appoint under the Constitution (2) Commission on Appointments confirms.
should necessarily have a reasonable measure of freedom, (3) Commission issues appointment.
latitude, or discretion in choosing appointees. [Cuyegkeng (4) Appointee accepts.
v. Cruz (1960)]
Ad-Interim Appointments (NIAC)
Where only one can qualify for the posts in question, the (1) President nominates.
President is precluded from exercising his discretion to (2) Commission issues appointment.
choose whom to appoint. Such supposed power of (3) Appointee accepts.
appointment, sans the essential element of choice, is no (4) Commission on Appointments confirms.
power at all and goes against the very nature of
appointment itself. [Flores v. Drilon (1993)] For Appointments Not Requiring Confirmation (AIA)
(1) Appointing authority appoints.
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(4) Promotion of next-in-rank career officer is not must be possessed at the time of appointment or
Mandatory. The appointing authority should be allowed election and continuously for as long as the official
the choice of men of his confidence, provided they are relationship continues
qualified and eligible.
(2) ACT refers to the act of entering into the performance
(5) When abused, use Mandamus. of the functions of the office.
Where the palpable excess of authority or abuse of
discretion in refusing to issue promotional Note: Failure to perform an act required by law could affect
appointment would lead to manifest injustice, the officers title to the given office. Under BP 881, the
mandamus will lie to compel the appointing authority office of any elected official who fails or refuses to take his
to issue said appointments. [Gesolgon v. Lacson (1961)] oath of office within six months from his proclamation
shall be considered vacant unless said failure is for cause
(6) Upon recommendation is not Merely Advisory. or causes beyond his control.
Sec. 9. Provincial/City Prosecution Offices. [par. 3] All
provincial and city prosecutors and their assistants shall be (1) An oath of office is a qualifying requirement for a public
appointed by the President upon the recommendation of office. Only when the public officer has satisfied this
the Secretary. prerequisite can his right to enter into the position be
considered plenary and complete. Until then, he has
The phrase upon recommendation of the Sec. of Justice none at all, and for as long as he has not qualified, the
should be interpreted to be a mere advice. It is persuasive holdover officer is the rightful occupant. [Lecaroz v.
in character, BUT is not binding or obligatory upon the Sandiganbayan (1999)]
person to whom it is made.
(2) Once proclaimed and duly sworn in office, a public
officer is entitled to assume office and to exercise the
EFFECTIVITY OF APPOINTMENT
Immediately upon appointing authoritys issuance [Rule V, functions thereof. The pendency of an election protest
is not sufficient basis to enjoin him from assuming
Sec. 10, Omnibus Rules]
office or from discharging his functions. [Mendoza v.
Laxina (2003)]
EFFECTS OF A COMPLETE, FINAL AND IRREVOCABLE
APPOINTMENT
POWER TO PRESCRIBE QUALIFICATIONS
General Rule
An appointment, once made, is irrevocable and not subject (1) Constitution when the qualifications are prescribed by
the constitution, they are generally exclusive, except
to reconsideration.
where the Constitution itself provides otherwise
(1) It vests a legal right. It cannot be taken away EXCEPT
for cause, and with previous notice and hearing (due (2) Congress - In the absence of constitutional inhibition,
Congress has the same right to provide
process).
(2) It may be issued and deemed complete before disqualifications that it has to provide qualifications for
acquiring the needed assent, confirmation, or approval office. [De Leon, p. 23]
of some other officer or body.
RESTRICTIONS on the Power of Congress to Prescribe
Exceptions Qualifications:
(1) Appointment is an absolute nullity [Mitra v. Subido (1) Congress cannot exceed its constitutional powers;
(1967)]; (2) Congress cannot impose conditions of eligibility
(2) Appointee commits fraud [Mitra v. Subido, supra]; inconsistent with constitutional provisions;
(3) Midnight appointments (3) The qualification must be germane to the position
General Rule: A President or Acting President shall not ("reasonable relation" rule);
appoint 2 months immediately before the next (4) Where the Constitution establishes specific eligibility
presidential elections until his term ends. (Art. VII, Sec. requirements for a particular constitutional office, the
15, 1987 Const.) constitutional criteria are exclusive, and Congress
Exception: Temporary appointments to executive positions cannot add to them except if the Constitution expressly
when continued vacancies will prejudice public or impliedly gives the power to set qualifications.
service or will endanger public safety. (5) Congress cannot prescribe qualifications so detailed as
to practically amount to making a legislative
appointment: it is unconstitutional and therefore void
for being a usurpation of executive power examples:
(a) Extensions of the terms of office of the incumbents;
Eligibility and Qualification (b) A proviso which limits the choices of the appointing
authority to only one eligible, e.g. the incumbent
Requirements Mayor of Olongapo City; [Flores v. Drilon (1993)]
(c) Designating an unqualified person. The People's
Court Act, which provided that the President could
DEFINITION
designate Judges of First Instance, Judges-at-large
Eligibility: The state or quality of being legally fitted or
of First Instance or Cadastral Judges to sit as
qualified to be chosen
substitute Justices of the Supreme Court in treason
cases without them necessarily having to possess
Qualification: endowment/act which a person must do
the required constitutional qualifications of a
before he can occupy a public office. May be understood in
regular Supreme Court Justice.; [Vargas v. Rilloraza
two senses:
(1948)]
(1) ENDOWMENT refers to the qualities or attributes
which make an individual eligible for public office. It
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Notes: Exceptions
(1) Practice of Law defined. Practice of law means any (a) Membership in the electoral tribunals of either the
activity, in or out of court, which requires the application House of Representatives or Senate (Art. VI, Sec. 17,
of law, legal procedure, knowledge, training and 1987 Const.);
experience. Generally, to practice law is to give notice (b) Party-list representation;
or render any kind of service which requires the use in (c) Commission on Appointments;
any degree of legal knowledge or skill. [Cayetano v. (d) Vacancies in the Sanggunian (Sec. 45, Local
Monsod (1991)] Government Code)
(2) In the dissenting opinion of Justice Padilla in the case of (3) NO PROPERTY QUALIFICATIONS
Cayetano v. Monsod, citing Agpalo, he stated that Since sovereignty resides in the people, it is necessarily
engaging in the practice of law presupposes the implied that the right to vote and to be voted should not
existence of lawyer-client relationship. Hence, where a be dependent upon a candidates wealth. Poor people
lawyer undertakes an activity which requires should also be allowed to be elected to public office
knowledge of law but involves no attorney-client because social justice presupposes equal opportunity for
relationship, such as teaching law or writing law books both rich and poor. [Maguera v. Borra and Aurea v.
or articles, he cannot be said to be engaged in the COMELEC (1965)]
practice of his profession asa lawyer
(4) CITIZENSHIP
(3) Residency defined. In election law, residence refers to (a) Aliens not eligible for public office.
domicile, i.e. the place where a party actually or (b) The purpose of the citizenship requirement is to
constructively has his permanent home, where he ensure that no alien, i.e., no person owing
intends to return. To successfully effect a change of allegiance to another nation, shall govern our
domicile, the candidate must prove an actual removal people and country or a unit of territory thereof.
or an actual change of domicile. [Aquino v. COMELEC [Frivaldo v. COMELEC (1996)]
(1995)]
(5) EFFECT OF REMOVAL OF QUALIFICATIONS DURING THE TERM
(4) Presumption in favor of domicile of origin. Domicile Termination from office
requires the twin elements of actual habitual residence
and animus manendi (intent to permanently remain). (6)EFFECT OF PARDON UPON THE DISQUALIFICATION TO HOLD
Domicile of origin is not easily lost; it is deemed to PUBLIC OFFICE (Asked in 1999)
continue absent a clear and positive proof of a General Rule
successful change of domicile. [Marcos v. COMELEC Pardon will not restore the right to hold public office. (Art.
(1995)] 36, Revised Penal Code)
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public office or position [Art. IX-B Sec. 7(1)] unless they relatives by consanguinity or during Presidents tenure as
forfeit their seat affinity within the fourth civil Members of the
degree Constitutional Commissions,
(3) Appointive officials shall not hold any other or the Office of the
governmental position. Ombudsman, or as
Secretaries,
Unless otherwise allowed by law or his positions primary Undersecretaries, chairmen
functions [Art. IX-B Sec 7 (2)] or heads of bureaus or
offices, including
Note: There is no violation when another office is held by a government-owned-or -
public officer in an ex officio capacity (where one cant controlled corporations. (Art.
receive compensation or other honoraria anyway), as VIII, Sec. 13)
provided by law and as required by the primary functions
of his office. [National Amnesty Commission v. COA (2004)]
Other Disqualifications
(1) Mental or physical incapacity
Specific Constitutional Disqualifications
Public Officer Disqualifications (2) Misconduct or crime: persons convicted of crimes
involving moral turpitude are USUALLY disqualified
The President, Vice shall not hold any other from holding public office.
President, the Members of office or employment during
the Cabinet and their their tenure, UNLESS (3) Impeachment
deputies or assistants otherwise provided in the
Constitution, (Art. VII, Sec. 13) (4) Removal or suspension from office: not presumed
Senator or Member of the may not hold during his term non-imposable when such ineligibility is not
House of Representatives any other office or constitutional or statutory declared.
employment in the
Government, or any (5) Previous tenure of office: for example, an appointed
subdivision, agency or Ombudsman is absolutely disqualified for
instrumentality thereof, reappointment (Article XI, Constitution).
including government -
owned or -controlled (6) Consecutive terms limit:
corporations or their (a) Vice-President = 2 consecutive terms
subsidiaries (b) Senator = 2 consecutive terms
(c) Representative = 3 consecutive terms
Effect: or else he forfeits his (d) Elective local officials = 3 consecutive terms [Sec. 8,
seat Art. X, Constitution]
Shall also not be appointed Public officers voluntary renunciation of office for any
to any office when such was length of time = an interruption in the continuity of his
created or its emoluments service for the full term for which he was elected.
were increased during his
term. (Art. VI, Sec 13) (7) Holding more than one office: to prevent offices of public
trust from accumulating in a single person, and to
Members of the Supreme shall not be designated to prevent individuals from deriving, directly or indirectly,
Court and other courts any agency performing any pecuniary benefit by virtue of their holding of dual
established by law quasi-judicial or positions.
administrative functions.
(Art. VIII, Sec. 12) Civil Liberties Union v. Executive Secretary (1991):
Members of the shall not hold any other Section 7, Article IX-B of the Constitution generally prohibits
Constitutional Commission office or employment [during elective and appointive public officials from holding
their tenure]. (Art. IX-A, Sec. multiple offices or employment in the government unless
2) they are otherwise allowed by law or by the primary
Ombudsman and his (Art. XI, Sec. 8) functions of their position.
Deputies
This provision does NOT cover the President, Vice-
Members of Constitutional must not have been President and cabinet members they are subject to a
Commissions, the candidates for any elective stricter prohibition under Section 13 of Article VII.
Ombudsman and his position in the elections
Deputies immediately preceding their To apply the exceptions found in Section 7, Article IX-B to
appointment (Art IX-B, Sec. 1; Section 13, Article VII would obliterate the distinction set by
Art. IX-C, Sec. 1; Art. IX-D, the framers of the Constitution as to the high-ranking
Sec. 1; Art XI, Sec. 8) officials of the Executive branch.
Members of Constitutional are appointed to 7-year term,
Commissions, the without reappointment (Sec. However, public officials holding positions without
Ombudsman and his 1(2) of Arts. IX-B, C, D; Art. XI, additional compensation in ex-officio capacities as
Deputies Sec. 11) provided by law and as required by their offices primary
functions are not covered by the Section 13, Article VII
The Presidents spouse and shall not be appointed prohibition.
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Right to office The just and legal claim to exercise the The right to compensation grows out of the services
powers and the responsibilities of the public office rendered. After services have been rendered, the
compensation thus earned cannot be taken away by a
subsequent law.
Term Tenure
Period during which the Period during which the As a general proposition, a public official is not entitled to
officer may claim to hold the officer actually holds office any compensation if he has not rendered any service.
office as of right [Acosta v. CA, (2000)]
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(a) where such are indispensable in the proper conduct of (9) The right to be secure in one's person, house, papers,
the office, the officer may not take them as his own and effects against unreasonable searches and
property. seizures;
(b) if, not being required by law, they are prepared by the (10) The liberty of abode and of changing the same;
officer apart from his official duties and are not (11) The privacy of communication and correspondence;
indispensable in the proper conduct of the office, the (12) The right to become a member of associations or
officer may acquire a property right therein. societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to
petition the government for redress of grievances;
(14) The right to be free from involuntary servitude in any
form;
Liabilities of Public Officers (15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and
The liability of a public officer to an individual or the public counsel, to be informed of the nature and cause of the
is based upon and is co-extensive with his duty to the accusation against him, to have a speedy and public
individual or the public. (De Leon, 2008) trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
GENERAL RULE ON LIABILITY witness in his behalf;
Apublic officer is not liable for the injuries sustained by (17) Freedom from being compelled to be a witness
another as a consequence of official acts done within the against one's self, or from being forced to confess
scope of his authority, except as otherwise provided by law guilt, or from being induced by a promise of immunity
(Nachura, 2009) or reward to make such confession, except when the
person confessing becomes a State witness;
A public officer shall not be civilly liable for acts done in (18) Freedom from excessive fines, or cruel and unusual
the performance of his official duties, unless there is a clear punishment, unless the same is imposed or inflicted
showing of bad faith, malice or negligence [Sec. 38(1), in accordance with a statute which has not been
Administrative Code] judicially declared unconstitutional; and
(19) Freedom of access to the courts.
No subordinate officer or employee shall be civilly liable for
acts done by him in good faith in the performance of his In any of the cases referred to in this article, whether or not
duties. However, he shall be liable for wilful or negligent the defendant's act or omission constitutes a criminal
acts done by him which are contrary to law, morals, public offense, the aggrieved party has a right to commence an
policy and good customs even if he acted under orders or entirely separate and distinct civil action for damages, and
instructions of his superiors for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be
Under Sec. 24, LGC, local governments and their officials instituted), and mat be proved by a preponderance of
are not exempt from liability for death or injury to persons evidence.
or damage to property
The indemnity shall include moral damages. Exemplary
STATUTORY LIABILITY damages may also be adjudicated.
Art. 27. Any person suffering material or moral loss
because a public servant or employee refuses or neglects, The responsibility herein set forth is not demandable from
without just cause, to perform his official duty may file an a judge unless his act or omission constitutes a violation of
action for damages and other relief against he latter, the Penal Code or other penal statute. [Civil Code]
without prejudice to any disciplinary administrative action
that may be taken. [Civil Code] This provision renders a public officer civilly liable for
damages for directly or indirectly obstructing, defeating,
The provision contemplates a refusal or neglect without violating or in any manner impeding or impairing civil
just cause by a public servant or employee to perform his liberties guaranteed by the Constitution.
official duty. Where there is just cause, he may not be held
liable. Under this provision, it is not necessary that the public
officer acted with malice or bad faith. To be liable, it is
enough that there was a violation of the constitutional
Art. 32. Any public officer or employee, or any private rights of the aggrieved party, even on the pretext of
individual, who directly or indirectly obstructs, defeats, justifiable motives or good faith in the performance of
violates or in any manner impedes or impairs any of the ones duties.
following rights and liberties of another person shall be
liable to the latter for damages: Good faith is not a defense.
(1) Freedom of religion;
(2) Freedom of speech;
CRIMINAL LIABILITY [DE LEON, 2008]
(3) Freedom to write for the press or to maintain a
The mere fact that an officer is acting in an official capacity
periodical publication;
will not relieve him from criminal liability.
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
Crimes peculiar to certain public officers:
(6) The right against deprivation of property without due
(1) Revised Penal Code
process of law;
(2) Anti-Graft and Corrupt Practices Act
(7) The right to a just compensation when private
(3) Code of Conduct and Ethical Standards
property is taken for public use;
(4) Forfeiture of Unexplained Wealth Act
(8) The right to the equal protection of the laws;
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(3) Administrative Liability: such violation may also lead to (b) Preventive suspension pending appeal if the penalty
imposition of fine, reprimand, suspension or removal imposed by the disciplining authority is suspension or
from office. This administrative liability is separate and dismissal and, after review, the respondent is
distinct from the penal and civil liabilities. (Agpalo, exonerated [Caniete v. Secretary of Education (2000)]
2005)
Employees are entitled to compensation for the period of
LIABILITY OF MINISTERIAL OFFICERS their suspension pending appeal if they are found
(1) Nonfeasance - Neglect or refusal to perform an act innocent. Such suspension is actually punitive so that a
which is the officers legal obligation to perform public officer should be reinstated with full pay for the
period of the suspension.
(2) Misfeasance Failure to use that degree of care, skill,
and diligence required in the performance of official
duty Pending Investigation Pending Appeal
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suspension is unjustified
If reprimanded cannot Where an officer was unlawfully removed and was
claim backwages. Penalty is prevented for a time by no fault of his own from
commuted performing the duties of his office, it was held that he
might recover, and that the amount that he had earned in
other employment during his unlawful removal should not
Rules on Preventive Suspension:
be deducted from his unpaid salary. He may recover the
Appointive Officials.
full amount notwithstanding that during the period of his
(1) Not a Presidential Appointee
removal, the salary has been paid to another appointed to
(a) By the proper disciplining authority
fill the vacancy unlawfully created.
(b) Against any subordinate officer or employee
under such authority
The no work, no pay principle does not apply where it has
(c) When pending an investigation
been sufficiently shown that a public official was
(d) Grounds Dishonesty, oppression or grave
wrongfully prevented from entering the office and carrying
misconduct, neglect in the performance of duty or if
out his duties
there are reasons to believe that respondent is
guilty of the charges which would warrant his
If the illegal dismissal is found to have been made in bad
removal from the service
faith by the superior officers then they will be held
(e) Period administrative investigation must be
personally accountable for back salaries of the illegally
terminated within 90 days, otherwise the
dismissed employee.
respondent shall be automatically reinstated
unless the delay in the disposition of the case is due
The award of backwages is limited to a maximum period of
to the fault, negligence or petition of the
5 years and not to full back salaries from illegal
respondent, in which case the period of delay shall
termination up to reinstatement [David v. Gania, (2003)]
not be counted
(2) When at any time after the issues are joined (2) Where the public official is clearly being sued not in his
official capacity but in his personal capacity, although
(3) Grounds the acts complained of may have been committed
while he occupied a public position [Lansang v. CA
(a) Reasonable ground to believe that the respondent
(2000)]
has committed the act or acts complained of
(b) Evidence of culpability is strong
(3) Suit to compel performance of official duy or restrain
(c) Gravity of the offense so warrants performance of an act
(d) Continuance in office of the respondent could
influence the witnesses or pose a threat to the safety DOCTRINE OF OFFICIAL IMMUNITY FROM LIABILITIES
and integrity of the records and other evidence FOR PUBLIC OFFICERS
Rationale: promotion of fearless, vigorous and effective
(4) Duration administration of policies of government.
(a) Single administrative case not to exceed 60 days
(b) Several administrative cases not more than 90 It is generally recognized that public officers and
days within a single year on the same ground or employees would be unduly hampered, deterred and
grounds existing and known at the time of the first intimidated in the discharge of their duties, if those who
suspension act improperly, or even exceed the authority given them,
were not protected to some reasonable degree by being
(5) Preventive suspension of an elective local official is not relieved from private liability. The threat of suit could also
an interruption of the 3-term limit rule [Aldovino v. deter competent people from accepting public office.
COMELEC (2009)]
OTHER PUBLIC POLICY CONSIDERATIONS:
(1) loss of valuable time caused by such actions
ILLEGAL DISMISSAL, REINSTATEMENT AND BACK
(2) unfairness of subjecting officials to personal liability for
SALARIES
the acts of their subordinates
Reinstatement and back salary or wages are separate and
distinct reliefs given to an illegally dismissed official or
employee.
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(3) a feeling that the ballot and removal procedures are DE FACTO OFFICER DEFINED
more appropriate methods of dealing with the One who has the reputation of being the officer that he
misconduct in public office. assumes to be, and yet is not a good officer in point of law.
[Torres v. Ribo (1948)]
OFFICIAL IMMUNITY DISTINGUISHED FROM STATE
IMMUNITY He must have:
The immunity of public officials is a more limited principle (1) acted as an officer for such length of time,
than governmental immunity since its purpose is not (2) under color of title and under such circumstances of
directly to protect the sovereign, but rather to do so only reputation or acquiescence by the public and public
collaterally, by protecting the public official in the authorities,
performance of his government function. (3) as to afford a presumption of election or appointment,
and
The doctrine of sovereign immunity principally rested upon (4) induce people, without inquiry, and relying on the
the tenuous ground that the king could do no wrong. It supposition that he is the officer he assumes to be, to
served to protect the impersonal body politic or submit to or invoke his action.
government itself from tort liability.
A person is a de facto officer when the duties of his office
Official Immunity serves as a protective aegis for public are exercised under ANY of the following circumstances:
officials from tort liability for damages arising from (1) There is no known appointment or election, but people
discretionary acts or functions in the performance of their are induced by circumstances of reputation or
official duties. acquiescence to suppose that he is the officer he
assumes to be. Consequently, people do not to inquire
OFFICIAL IMMUNITY NOT ABSOLUTE into his authority, and they submit to him or invoke his
A public officer enjoys only qualified, not absolute action;
immunity. The protection afforded by the doctrine
generally applies only to activities within the scope of office (2) He possessed public office under color of a known and
that are in good faith and are not reckless, malicious or valid appointment or election, but he failed to conform
corrupt. to some precedent requirement or condition (e.g., taking
an oath or giving a bond);
But acts of a public officer are protected by the
presumption of good faith. Even mistakes concededly (3) He possessed public office under color of a known
committed by such a public officer in the discharge of his election or appointment, but such is VOID because:
official duties are not actionable as long as it is not shown (a) Hes ineligible;
that they were motivated by malice or gross negligence (b) The electing or appointing body is not empowered
amounting to bad faith. to do such;
(c) His exercise of his function was defective or
IMMUNITY FROM SUIT OF THE PRESIDENT irregular;
General Rule: The President shall be immune from suit (d) Important: The public does NOT KNOW of such
during his tenure. ineligibility, want of power, or defect being.
Requisites
De facto Officers A de jure office exists; De jure office;
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FORM OF RESIGNATION:
Where by law a resignation is required to be made in any
particular form, that form must be substantially complied
with.
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Where no such form is prescribed no particular mode is to the other and in the nature of the functions and duties
required, but the resignation may be made by any method which attach to them
indicative of the purpose. It need not be in writing, unless
so required by law. It exists where:
(1) There is conflict in such duties and functions, so that the
A written resignation, delivered to the board or officer performance of the duties of one interferes with the
authorized to receive it and fill the vacancy thereby performance of the duties of the other as to render it
created, is prima facie, but not conclusive evidence of the improper from consideration of public policy for one
intention to relinquish the office. person to retain both.
(2) One is subordinate to the other and is subject in some
RESIGNATION REVOCABLE BEFORE NOTIFICATION OF ACCEPTANCE degree to its supervisory power for obviously in such a
In the case of Republic v. Singun (2008), the Court ruled situation, the design that one acts as a check on the
that since respondent was not finally notified of its other would be frustrated.
acceptance, respondent could validly be withdrawn. (3) The Constitution of the law itself declares the
(1) Art. 238 of the RPC makes it an offense for any public incompatibility even though there is no inconsistency in
officer who, before acceptanceof his resignation, abandons the nature and functions of the offices.
his office to the detriment of the public service
(2) Accepting Authority Exceptions:
(a) As provided by law (1) Where the public officer is authorized by law to accept
(b) If the law is silent on who shall accept and the the other office (ex officio capacity)
public officer is an appointive officer, tender to the (2) In case of the forbidden office, it is the second office
appointing authority. If elective, tender by those that is absolutely void
authorized by law
ABANDONMENT OF OFFICE
ABANDONMENT
Resigning Public Officer Accepting Authority
Abandonment is the voluntary relinquishment of an office
President and VP Congress by the holder of all right, title, or claim thereto with the
intention of not reclaiming it or terminating his possession
Members of Congress Respective Houses and control thereof.
Governor, Vice Gov, Mayor, President
Vice Mayor, of HUC and ICC REQUISITES
(1) Intention to abandon
City Mayors and Vice Mayors Governor (2) Overt act by which the intention is carried into effect
of CCs, Municipal Mayors
and Vice Mayors SPECIES OF RESIGNATION
Sanggunian Members Sanggunian concerned While resignation in general is a formal relinquishment,
abandonment is a voluntary relinquishment through non-
Elective Barangay Officials Municipal or City Mayors user. Non-user refers to a neglect to use a privilege or a
Appointive Public Officers Appointing Authority right or to exercise an easement or an ofice [Municipality of
San Andres, Catanduanes v. CA (1998)]
EFFECTIVE DATE OF RESIGNATION
The date specified in the tender; and if no such date is Abandonment may also result from acquiescence by the
specified, then resignation shall be effective when the officer in his wrongful removal [Canonizado v. Aguirre
public officer receives notice of the acceptance of his (2001)].
resignation, not the date of the letter or notice of
acceptance [Gamboa v. CA (1981)] Civil Service Rules an officer or employee shall be
automatically separated from the service if he fails to
COURTESY RESIGNATION
return to the service after the expiration of one-year leave
Courtesy Resignation cannot properly be interpreted as a of absence without pay. Also, officers and employeees who
resignation in the legal sense for it is not necessarily a are absent for at least 30 days without approved leave
reflection of a public officials intention to surrender his (AWOL) shall be dropped from the service after due notice
position. Rather, it manifests his submission to the will of
the political authority and the appointing power [Ortiz v. PRESCRIPTION OF RIGHT TO OFFICE
COMELEC (1988)] Under the Rules of Court, quo warranto is the proper
remedy against a public officer for is ouster from office
ACCEPTANCE OF AN INCOMPATIBLE OFFICE which should be commenced within one year after the
It is contrary to the policy of the law that the same cause of such ouster or the right of the plaintiff to hold
individual should undertake to perform inconsistent and such office or position arose; otherwise, the action will be
incompatible duties. barred.
General Rule: One who, while occupying one office, accepts Rationale for the one year period: Title to public office
another incompatible with the first, ipso facto, absolutely should not be subjected to uncertainties but should be
vacates the first office. determined as speedily as possible.
WHEN INCOMPATIBLE
Filing of an action for administrative remedy does not
Incompatibility is to be found in the character of the offices suspend the period for filing the appropriate judicial
and their relation to each other, in the subordination of one proceeding.
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Removal from office may be express or implied. The House of Representatives has the sole power to
(1) Appointment of another officer in the place of the initiate all cases of impeachment while the Senate sits as a
incumbent operates as a removal if the latter was court for the trial of impeachment cases. Judgment in
notified. [De Leon] cases of impeachment shall not extend further than
(2) The transfer of an officer or employee without his removal from office and disqualification to hold any office
consent from one office to another, whether it results in under the Republic of the Philippines, but the party
promotion or demotion, advancement or reduction in convicted shall nevertheless be liable and subject to
salary, is equivalent to his illegal removal or separation prosecution, trial, and punishment, according to law. (Sec.
from the first office. [Gloria v. Court of Appeals [2000]] 3, Art. XI, Constitution)
(3) Demotion to a lower position with a lower rate of
compensation is also equivalent to removal if no cause ABOLITION OF OFFICE
is shown for it. [De Guzman v. CSC (1994)] To consider an office abolished, there must have been an
intention to do away with it wholly and permanently.
It is the forcible and permanent separation of the
incumbent from office before the expiration of his term Except when restrained by the Constitution, the Congress
[Ingles v. Mutuc (1968)]. has the right to abolish an office, even during the term for
which an existing incumbent may have been elected.
Note: Constitutional guarantee of security of tenure No
officer or employee of the civil service shall be removed or Valid abolition of office does not constitute removal of the
suspended except for cause provided by law [Sec. 2(3), Art incumbent.
IX-B, Constitution].
No law shall be passed reorganizing the Judiciary when it
Demotions and transfers without just cause are undermines the security of tenure of its members [Sec. 2,
tantamount to removal. Art. VIII, Constitution].
Removal or resignation from office is not a bar to a finding The fundamental principle afforded to civil service
of administrative liability [Office of the President v. Cataquiz employees against removal except for cause as provided
(2011)]. by law does not protect them against abolition of the
positions held by them in the absence of any other
Removal not for a just cause, or non-compliance with the provision expressly or impliedly prohibiting abolition
prescribed procedure constitutes a reversible error and thereof. [Castillo v. Pajo, (1958)]
entitles the officer or employee to reinstatementwith back
salaries and without loss of seniority rights REQUISITES [Mendoza v. Quisumbing (1990)]:
(1) Abolition must be done in good faith
Extent of the Presidents removal power: (2) Clear intent to do away with the office
(1) With respect to non-career officers exercising purely (3) Not for personal or political reasons
executive functions whose tenure is not fixed by law (4) Cannot be implemented in a manner contrary to law
(i.e. members of the Cabinet), the President may
remove them with or without cause and Congress may Reorganization reduction of personnel, consolidation of
not restrict such power. offices, or abolition thereof by reason of economy or
(2) With respect to officers exercising quasi-legislative or redundancy of functions. It could result in the loss of ones
quasi-judicial functions (e.g. members of the SEC), they position through removal or abolition of an office.
may be removed only on grounds provided by law to However, for a reorganization for the purpose of economy
protet their independence. or to make the bureaucracy more efficient to be valid, it
(3) With respect to constitutional officers removable only must pass the test of good faith; otherwise, it is void ab
by means of impeachment, and judges of lower courts, initio [United Claimant Association of NEA v. NEA (2012)]
they are not subject to the removal of the President.
(4) With respect to civil service officers, the President may Reorganization is valid provided they are pursued in good
remove them at his pleasure with or without cause. faith
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PERSONNEL ACTIONS Who may be reinstated to a position in the same level for
which he is qualified:
OTHER PERSONNEL ACTIONS (1) Any permanent appointee of a career service position
Promotion is a movement from one position to another (2) No commission of delinquency or misconduct, and is
with increase in duties and responsibilities as authorized by not separated.
law and is usually accompanied by an increase in pay.
Same effect as Executive Clemency, which completely
Next-in-rank Rule obliterates the adverse effects of the administrative
The person next in rank shall be given PREFERENCE in decision which found him guilty of dishonesty. He is
promotion when the position immediately above his is restored ipso facto upon grant of such. Application for
vacated. reinstatement = unnecessary.
However, the affected persons are entitled to payment of It does not constitute removal without cause.
salaries for services actually rendered at a rate fixed in
their promotional appointments. (Sec. 13 of the Omnibus Requirements:
Rules Implementing Administrative Code) (1) NO reduction in rank, status or salary.
(2) Should have a definite date or duration (c.f. Detail).
Requisites. Otherwise, a floating assignment = a diminution in status
(a) series of promotions or rank.
(b) all promotional appointments are simultaneously
submitted to the Commission for approval
(c) the Commission disapproves the appointment of a Reemployment
person to a higher position. Names of persons who have been appointed permanently
to positions in the career service and who have been
Appointment through Certification is issued to a person who separated as a result of reduction in force and/or
is: reorganization, shall be entered in a list from which
(1) selected from a list of qualified persons certified by the selection for reemployment shall be made.
Civil Service Commission from an appropriate register of
eligibles
(2) qualified
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court, instituted by written accusation called articles of (6) Publicize matters covered by its investigation when
impeachment. [Agpalo, 2005] circumstances so warrant and with due prudence.
(7) Determine the causes of inefficiency, red tape,
Its purpose is to protect the people from official mismanagement, fraud, and corruption in the
delinquencies or malfeasances. It is primarily intended for Government and make recommendations for their
the protection of the State, not for the punishment of the elimination and the observance of high standards of
offender. The penalties attached to impeachment are ethics and efficiency.
merely incidental to the primary intention of protecting the (8) Promulgate its rules of procedure and exercise such
people as a body politic. [De Leon, 2008] other powers or perform such functions or duties as
may be provided by law. [SEC. 13, ART. XI,
GROUNDS [Sec. 2, Art. XI, Constitution] CONSTITUTION]
(1) culpable violation of the Constitution
(2) treason
(3) bribery Sec. 15. Powers, Functions and Duties. The Office of the
(4) graft and corruption Ombudsman shall have the following powers, functions
(5) other high crimes and duties
(6) betrayal of public trust
Paragraphs 1-7 is almost the same as in the Constitution
The acts which are impeachable grounds must be
committed in the performance of the officials public office. (8) Administer oaths, issue subpoena and subpoena
[Agpalo, 2005] ducestecum, and take testimony in any investigation or
inquiry, including the power to examine and have
No impeachment proceedings shall be initiated against access to bank accounts and records;
the same official more than once within a period of one (9) Punish for contempt in accordance with the Rules of
year. [Sec. 3, Art. XI, Constitution] Court and under the same procedure and with the
same penalties provided therein;
Having concluded that the initiation takes place by the act (10) Delegate to the Deputies, or its investigators or
of filing of the impeachment complaint and referral to the representatives such authority or duty as shall ensure
House Committee on Justice, the initial action taken the effective exercise or performance of the powers,
thereon, the meaning of Section 3 (5) of Article XI becomes functions, and duties herein or hereinafter provided;
clear. Once an impeachment complaint has been initiated (11) Investigate and initiate the proper action for the
in the foregoing manner, another may not be filed against recovery of ill-gotten and/or unexplained wealth
the same official within a one year period following Article amassed after February 25, 1986 and the prosecution
XI, Section 3(5) of the Constitution. [Francisco, Jr. v. House of the parties involved therein [SEC. 15, RA 6770]
of Representatives, (2003)]
DISCIPLINARY POWER OVER PUBLIC OFFICERS
OMBUDSMAN [Agpalo, 2005] The Office of the Ombudsman has disciplinary authority
FUNCTIONS over all elective and appointive officials of the government
and its subdivisions, instrumentalities and agencies,
The Office of the Ombudsman shall have the following including Members of the Cabinet, local government,
powers, functions and duties: government-owned or controlled corporations and their
(1) Investigate on its own, or on complaint by any person, subsidiaries. (Sec. 21, RA 6770)
any act or omission of any public official, employee, The disciplinary power of the Ombudsman is not exclusive
office or agency, when such act or omission appears to but is shared with other disciplinary authorities of the
be illegal, unjust, improper, or inefficient. government.
(2) Direct, upon complaint or at its own instance, any
public official or employee of the Government, or any The disciplinary power of the Ombudsman over elective
subdivision, agency or instrumentality thereof, as well officials is concurrent with the power vested in the officials
as of any government-owned or controlled corporation specified in the Local Government Code of 1991. [Hagad v.
with original charter, to perform and expedite any act Dozo-Dadole, (1995)]
or duty required by law, or to stop, prevent, and correct
any abuse or impropriety in the performance of duties. Exceptions to Ombudsmans Disciplinary Power
(3) Direct the officer concerned to take appropriate action The Ombudsman has no disciplinary power over the
against a public official or employee at fault, and following (Sec. 21, RA 6770).
recommend his removal, suspension, demotion, fine, (1) Officials who may be removed only by impeachment
censure, or prosecution, and ensure compliance (2) Members of Congress
therewith. (3) Members of the Judiciary
(4) Direct the officer concerned, in any appropriate case,
and subject to such limitations as may be provided by However, the Office of the Ombudsman has the power to
law, to furnish it with copies of documents relating to investigate any serious misconduct in office committed by
contracts or transactions entered into by his office officials removable by impeachment, for the purpose of
involving the disbursement or use of public funds or filing a verified complaint for impeachment, if warranted.
properties, and report any irregularity to the (Sec. 22, RA 6770)
Commission on Audit for appropriate action.
(5) Request any government agency for assistance and Power to Preventively Suspend
information necessary in the discharge of its The Ombudsman or his Deputy may preventively suspend
responsibilities, and to examine, if necessary, pertinent any officer or employee under his authority pending an
records and documents. investigation, if in his judgment the evidence of guilt is
strong, and
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(1) the charge against such officer or employee involves In the absence of any allegation that the offense charged
dishonesty, oppression or grave misconduct or neglect was necessarily connected with the discharge of the duties
in the performance of duty; or functions of a public officer, the ordinary court, not the
(2) the charges would warrant removal from the service; or Sandiganbayan, has jurisdiction to hear and decide the
(3) the respondent's continued stay in office may prejudice case.
the case filed against him. (Sec. 24, RA 6770)
What is controlling is not whether the phrase "committed
The preventive suspension shall continue until the case is in relation to public office" appears in the Information.
terminated by the Office of the Ombudsman but not more What determines the jurisdiction of the Sandiganbayan is
than six (6) months, without pay, except when the delay in the specific factual allegation in the Information that
the disposition of the case by the Office of the would indicate close intimacy between the discharge of the
Ombudsman is due to the fault, negligence or petition of accused's official duties and the commission of the offense
the respondent, in which case the period of such delay charged in order to qualify the crime is having been
shall not be counted in computing the period of committed in relation to public office. The relation
suspension herein provided. (Sec. 24, RA 6770) between the crime and the office must be direct and not
accidental, that is, the relation has to be such that, in the
Prior notice and hearing is not required before suspension legal sense, the offense cannot exist without the office.
may be meted out. Suspension is not a punishment or
penalty but only a preventive measure to prevent the OFFICIALS AND PRIVATE INDIVIDUALS SUBJECT TO ITS JURISDICTION
respondent from using his position or office to influence or Under Section 4(a, b) of PD No. 1606, as amended, the
intimidate prospective witnesses or tamper with the Sandiganbayan shall exercise exclusive original jurisdiction
records which may be vital in the prosecution of the case over the cases mentioned in (a), (b), and (c) above where
against them. one or more of the accused are officials occupying
the following positions in the government, whether in a
JUDICIAL REVIEW IN ADMINISTRATIVE PROCEEDINGS permanent, acting or interim capacity at the time of the
Decisions or resolutions of the Ombudsman in commission of the offense:
administrative cases absolving the respondent of the (1) Officials of the executive branch occupying the positions
charge or imposing upon him the penalty of public censure of regional director and higher, otherwise classified as
or reprimand, suspension of not more than one month, or a Grade '27' and higher, of the Compensation and
fine equivalent to one month salary, is final and Position Classification Act of 1989 (R.A. No. 6758),
unappealable. (Agpalo, 2005) specifically including:
(a) Provincial governors, vice-governors, members of
Appeals from decisions of the Office of the Ombudsman in the sangguniang panlalawigan, and provincial
administrative disciplinary cases should be taken to the treasurers, assessors, engineers, and other
Court of Appeals under the provisions of Rule 43. [Fabian provincial department heads;
v. Ombudsman, (1998)] (b) City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers,
JUDICIAL REVIEW IN PENAL PROCEEDINGS assessors, engineers, and other city department
In all other cases, the decision shall become final after the heads;
expiration of 10 days from receipt thereof by the (c) Officials of the diplomatic service occupying the
respondent, unless a motion for reconsideration or a position of consul and higher;
petition for review is file with the CA pursuant to Rule 43 of (d) Philippine army and air force colonels, naval
the Rules of Court. (Agpalo, 2005) captains, and all officers of higher rank;
(e) Officers of the Philippine National Police while
SANDIGANBAYAN occupying the position of provincial director and
COMPOSITION those holding the rank of senior superintendent or
Under PD 1606 as amended by RA 8249 - A special court, higher;
of the same level as the Court of Appeals and possessing (f) City and provincial prosecutors and their assistants,
all the inherent powers of a court ofjustice, to be known as and officials and prosecutors in the Office of the
the Sandiganbayan is hereby created composed of a Ombudsman and special prosecutor;
presiding justice and fourteen associate justices who shall
be appointed by the President (2) Presidents, directors or trustees, or managers of
government-owned or controlled corporations, state
EXCLUSIVE ORIGINAL JURISDICTION OVER universities or educational institutions or foundations;
(1) violations of R.A. No. 3019 and No. 1379 (3) Members of Congress and officials thereof classified as
(2) crimes committed by public officers and employees Grade "27" and up under the Compensation and
embraced in Title VIII of the Revised Penal Code Position Classification Act of 1989;
(3) other offenses or felonies (whether simple or (4) Members of the judiciary without prejudice to the
complexed with other crimes) committed by public provisions of the Constitution;
officers and employees in relation to their office, where (5) Chairmen and members of Constitutional
the penalty prescribed by law is higher than prision Commissions, without prejudice to the provisions of the
correccional or imprisonment for six (6) years, or a fine Constitution; and
of P6,000; and (6) All other national and local officials classified as Grade
(4) Civil and criminal cases filed pursuant to and in "27" and higher under the Compensation and Position
connection with Executive Orders No. 1,2, 14, and 14-a Classificafion Act of 1989.
issued in 1986
In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or
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