Documente Academic
Documente Profesional
Documente Cultură
CENTRAL
BAR OPERATIONS 2019
LEILA S. LIM
Bar Review Secretariat
EUNICE A. MALAYO
FRANCES CHRISTINE F. SAYSON
Central Bar Operations
Academics Understudies
GIA MORDENO
STEPHEN ESPIRITU FELEO QUIJANO
MARK VERGARA
SELINA MIRANDA JOHN CARILLO
HIDEYUKI SATO
VEYA JOSEF ANTOINETTE DUQUE
MARJOLAINE DE CASTRO
PRAM MENGHRAJANI HAZEL SEGOVIA
JASON DIZON
GE-AN SALUD NICO CALDOZO
POLITICAL LAW Volunteers
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Q: What are the 3 basic principles of Q: What is the treatment of the Baselines Law
archipelagic States? (RA 9522) to the Kalayaan Group of Islands?
1. An archipelagic State may draw straight The Kalayaan Island Group (KIG), also known as
baselines connecting the outermost points of the Spratlys, and the Bajo de Masinloc, also
the outermost islands and drying reefs of the known as Scarborough Shoal, were NOT
archipelago from which the extent of the included in the islands enclosed by the Philippine
territorial sea of the archipelagic state is, or archipelagic baselines, and are instead treated as
may be determined. "regime of islands."
2. The waters within the baselines, regardless
of their depth or distance from the coast, the Had Congress in RA 9522 enclosed the KIG and
seabed and the subsoil, and the superjacent the Scarborough Shoal as part of the Philippine
airspace, as well as all their resources, archipelago, adverse legal effects would have
belong to, and are subject to the sovereignty ensued. The Philippines would have committed a
of the archipelagic State. breach of two provisions of UNCLOS III. First,
3. Innocent passage of foreign vessels Article 47 (3) of UNCLOS III requires that ‘[t]he
through the waters of the archipelagic State drawing of such baselines shall not depart to any
shall be allowed in accordance with its appreciable extent from the general configuration
national legislation, having regard to the of the archipelago.’ Second, Article 47 (2) of
existing rules of international law. Such UNCLOS III requires that ‘the length of the
passage shall be through sea lanes as may baselines shall not exceed 100 nautical miles,’
be designated for the purpose by the save for 3% of the total number of baselines
archipelagic State. (Magallona citing Art. 49, which can reach up to 125 nautical miles.
UNCLOS III). (Magallona v. Executive Secretary, G.R No.
187167, July 16, 2011).
Q: What is the extent of our maritime zones?
O- What w> kiiw ■ ■
the hacic nf tho Dhilinnlna’pU UIUIIII
to the KIG (the Spratly Islands) and
Scarborough Shoal?
It is based on Art. 1 of the 1987 Constitution,
which states that the national territory includes
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environmental laws. It is worth noting here that Q: When a private corporation entered into
the Stewards are joined as real parties in the exploration and development of natural
Petition and not just in representation of the resources with the State, will it be covered by
named cetacean species. The Stewards having state immunity?
shown in their petition that there may be possible No. It did not become an agent of the State by
violations of laws concerning the habitat of the virtue of a Service Contract which did not
Resident Marine Mammals, are therefore constitute Shell to represent the State in dealing
declared to possess the legal standing to file this with third persons. The contract merely gave rise
petition. (Resident Marine Mammals v. Reyes, to a contractual commitment on the part of Shell
G.R. No. 180771, 2015). to undertake extraction and exploration but never
to represent the State in its dealings (Shell
Q: What are the requisites for a party to avail Exploration Philippines v. Jalos, 2010).
of the writ of kalikasan?
(1) There is an actual or threatened violation
of the constitutional right to a balanced and
LEGISLATIVE DEPARTMENT
healthful ecology;
(2) The actual or threatened violation arises
from an unlawful act or omission of a public A. LEGISLATIVE POWER
official or employee, or private individual or a. SCOPE AND LIMITATIONS
entity; and Q: May Congress provide the criteria
(3) The actual or threatened violation involves necessary for the creation of a city, including
the conversion of a municipality into a city in
or will lead to an environmental damage of
another law?
such magnitude as to prejudice the life,
No, while the constitution requires the Congress
health or property of inhabitants in two or to stipulate in the Local Government Code all the
more cities or provinces (LNL Archipelago, criteria necessary for such, it cannot be justified
2016) to insist that the Constitution must have to yield
to every amendment to the LGC despite the
C. SEPARATION OF POWERS amendment imminently producing effects
D. CHECKS AND BALANCES contrary to the original thrusts of the LGC. Income
E. STATE IMMUNITY is changed from 20 to 100 million and meets
either of the following: a) contiguous territory of
Q: Does consent to be sued include consent 2000 square kilometers; b) population not less
to be bound by the judgment or decision? than 250,000. HOWEVER, Congress clearly
No. Consent to be sued does not include consent intended that the local government units covered
to the execution of judgment against it. Such by the Cityhood Laws be exempted from the
execution will require another waiver because the coverage of RA 9009, which imposes a higher
power of the court ends when judgment is income requirement of 100 million for the creation
rendered, since government funds and properties of cities. Cityhood laws were VALID. (League of
may not be seized under writs of execution or Cities of the Phil, et al. v. COMELEC, et at., G.R.
garnishment, unless such disbursements are No. 176951; G.R. No. 177499; G.R. No. 178056,
covered by appropriation as required by law 2011 and Local Government Code, Sec. 461).
(Republic v. Villasor, G.R. No. L-30671,
November 28, 1973). LIMITATION:
So long as the amendment is germane to the
Q: Is ATO covered by state immunity from subject of the bills before the Committee.
suit? (Tolentino v. Sec. of Finance, supra).
No. ATO does not enjoy sovereign immunity
because even if it is unincorporated, it is involved (Limitation on legislative power
in the management and operation of an airport i. Limitations on revenue, appropriations
which is a proprietary function. While an and tariff measures
unincorporated agency is clothed with sovereign ii. Presidential veto and Congressional
immunity when performing governmental override
function, the same privilege is not enjoyed by an
agency performing proprietary function (ATO v. Q: What are the limitations to Congress’
David, 2011). plenary power of legislation?
1. Substantive - Limits the content of laws
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Q: Is Congress precluded from increasing its of the total votes casts occupy a seat in the
membership in excess of 250 based on Sec. House?
5, Art. VI? Yes. The additional seats (those remaining after
No, the Constitution does not preclude Congress allocation of the guaranteed seats to those with a
from increasing its membership by passing a law minimum of 2%), shall be distributed to the party-
other than a general apportionment law (Mariano list organizations including those that received
v. COMELEC). less than two percent of the total votes. (Atong
Paglaum v. COMELEC, G.R. No. 203766, 2013).
Q: May Congress validly delegate to the
ARMM Regional Assembly the power to Q: How can a party-list join an electoral
create Legislative Districts? contest?
No, nothing in Sec. 20, Art. X authorizes It must undergo the process of (1) registration
autonomous regions, expressly or impliedly, to and (2) accreditation. Registration bestows
create or reapportion legislative districts. This juridical personality; Accreditation relates to the
power is vested exclusively in Congress. privileged participation that our election law grant
Accordingly, Sec. 19, Art. VI of R.A. 9054 to qualified registered parties. Registration
granting the ARMM Regional Assembly the precedes accreditation (Magdalo v. COMELEC,
power to create provinces and cities, is VOID for G.R. 190793, 2012).
being contrary to Sec. 5, Art. VI, and Sec. 20, Art.
X, as well as Sec.3 of the Ordinance appended to Q: What are the parameters on parties
the Constitution (Sema v. COMELEC, 2008). participating in the party list elections?
a. Three different groups may participate in the
Q: Is the population requirement of 250,000 an party-list system: (1) national parties or
indispensable Constitutional requirement for organizations, (2) regional parties or
the creation of a new legislative district? organizations, and (3) sectoral parties or
Distinction must be made between the organization
entitlement of a city to a district on one hand, and
the entitlement of a province to a district on the b. National parties or organizations and regional
other. While a province is entitled to at least 1 parties or organizations do not need to
representative regardless of population, a city organize along sectoral lines and do not need
must initially meet a minimum population of to represent any “marginalized and
250,000 in order to be similarly entitled (Aquino v. underrepresented” sector.
COMELEC, G.R. No. 189793, 2010.)
c. Political parties can participate in party-list
Q: To be entitled to an additional district, does elections provided they register under the
a city have to increase its population by party-list system and do not field candidates
another 250,000? in legislative district elections. A political
No, while Sec. 5(3), Art. VI requires a city to have party, whether majority or not, that fields
a minimum population of 250,000 to be entitled to candidates in legislative district elections can
a representative, it does not have to increase its participate in party-list elections only through
population by another 250,000 to be entitled to an its sectoral wing that can separately register
additional district. under the party-list system. The sectoral wing
is by itself an independent sectoral party, and
Q: In case of vacancy in the Senate or the is linked to a political party through a
HOR, is it mandatory to fill up the vacancy? coalition.
No, Sec. 9 of Art VI provides, “In case of vacancy
in the Senate or in the House of Representatives, d. Sectoral parties or organizations may either
a special election may be called to fill such be “marginalized and underrepresented” or
vacancy in the manner prescribed by law, but the lacking in well-defined political
Senator or Member of the House of constituencies." It is enough that their
Representatives thus elected shall serve only for principal advocacy pertains to the special
the unexpired term (See also Tolentino v. interest and concerns of their sector. The
COMELEC, G.R. No. 187958, 2004). sectors that are “marginalized and
underrepresented” include labor, peasant,
(b) Party-list system (R.A. No. 7941) fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and
Q: Can party lists that garnered less than 2 %. overseas workers. The sectors that lack
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4. Reconcile the House Bill and the Senate B. PRIVILEGES, INHIBITIONS AND
Bills; DISQUALIFICATIONS
5. Propose entirely new provisions not found in
either the House Bill or the Senate Bill. PRESIDENTIAL IMMUNITY
(Amendments in the nature of a substitute)
Q: When is the President immune from suit?
I. POWER OF IMPEACHMENT • During tenure: for both official and
J. ELECTORAL TRIBUNALS unofficial acts;
• After tenure: only for official acts
Q: When does the Electoral Tribunal’s Once out of office, even before the end of the six-
jurisdiction begin? year term, immunity for non-official acts is lost
The HRET may assume jurisdiction only after the (Estrada v. Desierto, G.R. No. 146710, 2001).
candidate is considered a member of the House
of Representatives. To be considered a member,
Q: What is covered by presidential immunity
there must be: from suit?
1. Valid proclamation; It extends to official acts of the president during
2. A proper oath; and tenure. Unlawful acts of public officials are not
3. Assumption of the functions of the office acts of the State and the officer who acts illegally
as a member of the House (Reyes v. is not acting as such but stands in the same
Comelec, G.R. No. 207264, 2013). footing as any other trespasser. (Estrada v.
Desierto, G.R. No. 146710-15, 2001).
K. COMMISSION ON APPOINTMENTS
Q: May it be invoked by a Department
Q: What is the minimum required number of Secretary?
elected senators belonging to the same No, even if the DECS Secretary is an alter ego of
political party in order for the party to qualify the President, the President’s immunity from suit
for a seat in the CA?
cannot be invoked because the questioned acts
A political party must have at least 2 elected are not the acts of the President but merely those
senators for every seat in the CA. (Guingona v. of a Department Secretary. (Gloria v. CA, G.R.
Gonzales, G.R. No. 106971, 1993). No. 119903, 2000).
Q: Is it mandatory to elect 12 senators and 12 PRESIDENTIAL PRIVILEGE
members of the HOR to the CA?
No, the Constitution does not contemplate that Q: What are covered by executive privilege?
the CA must necessarily include 12 senators and
• Military, diplomatic and other national security
12 members of the HOR. What it requires is that
matters which in the interest of national
there be at least a majority of the entire
security should not be divulged (Almonte vs.
membership. (Guingona v. Gonzales, supra).
Vasquez, G.R. No. 95367, 1995; Chavez v.
PCGG, G.R. No. 130716, 1998).
Q: Is the rule on proportional representation
• Information between inter-government
in Sec. 18, Art. VI mandatory?
agencies prior to the conclusion of treaties
Yes, it is mandatory and does not leave any room
and executive agreements (Chavez v. PCGG,
for discretion to the majority party in the House to
G.R. No. 130716, 1998);
disobey or disregard the rule on proportional
representation. Otherwise, the party with the • Discussion in close-door Cabinet meetings
majority representation can by sheer force of (Chavez v. PCGG, G.R. No. 130716, 1998);
number impose its will on the hapless minority. • Matters affecting national security and public
Sec. 18 is in effect, a check on the majority party. order (Chavez v. Public Estates Authority,
(Guingona v. Gonzales, supra). G.R. No. 133250, 2002).
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Q: Does the assumption of office on the basis (Gonzales III v. Office of the President, G*R. No.
of the ad interim appointments issued by the 196231, 2012).
President amount to a temporary appointment
which is prohibited by § 1 (2), Art. IX-C? 3. POWER OF CONTROL AND
No. An ad interim appointment is a permanent SUPERVISION
appointment because it takes effect immediately
and can no longer be withdrawn by the President (a) Doctrine of qualified political agency
once the appointee has qualified into office.
(Matibag v. Benipayo, G.R. No. 149036, 2002). Q: What is the doctrine of qualified political
agency?
Midnight appointments The doctrine of qualified political agency declares
that, (save in matters on which the Constitution or
Q: Does the ban on “midnight appointments” the circumstances require the President to act
under Sec. 15, Art VII apply to the judiciary? personally), executive and administrative
No, the prohibition does not extend to functions are exercised through executive
appointments in the Judiciary. Had the framers departments headed by cabinet secretaries,
intended to extend the prohibition to the whose acts are presumptively the acts of the
appointment of Members of the Supreme Court, President unless disapproved by the latter.
they could have explicitly done so. The prohibition
is confined to appointments in the Executive There can be no question that the act of the
Department by the President or Acting President secretary is the act of the President, unless
(De Castro v. JBC, G.R. No. 191002, 2010). repudiated by the latter. In this case, approval of
Neither does it apply to local executive officials. the Amendments to the Supplemental Toll
(Quirog v. Aumentado, G.R. 163443, 2008). Operation Agreement (ASTOA) by the DOTC
Secretary had the same effect as approval by the
Q: May the succeeding President revoke President. The same would be true even without
appointments to the Judiciary made by an the issuance of E.O. 497, in which the President
Acting President? specifically delegated to the DOTC Secretary the
No, Sec. 14, Art. VII refers only to appointments authority to approve contracts entered into by the
in the Executive Department, it has no application Toll Regulatory Board. (Hontiveros-Baraquel vs.
to appointments in the Judiciary because Toil Regulatory Board, 2015).
temporary or acting appointments can only
undermine the judiciary due to their being (b) Executive departments and offices
revocable at will. Prior to their mandatory
retirement or resignation, judges of the first or Q: May the president appoint an individual as
second level courts and the Justices of the third acting Solicitor General and acting Secretary
level courts may only be removed for cause, but of Justice in a concurrent capacity?
the members of the Supreme Court may be No. The designation of Alberto Agra as acting
removed only by impeachment. (De Castro v. Secretary of Justice concurrently with his_position
JBC, G.R. No. 191002, 2010). as Solicitor General is in violation of the
constitutional prohibition under Article VII,
(d) Power of removal Section 13. It is of no moment that the
designation was in a temporary capacity. The
Q: Is RA 6770, insofar as it confers to the Constitution makes no reference to the nature of
President disciplinary authority over the the designation (Funa v. Agra, G.R. No. 191644,
Deputy Ombudsman, valid? February 19, 2013).
No. The alter egos of the President and the
officials of the Executive Department are subject (c) Local government units
to the disciplinary authority of the Ombudsman.
The deputy Ombudsmen act as agents of the Q: What is the nature of the President’s power
Ombudsman in the performance of their duties. over local governments?
Thus, subjecting the deputy Ombudsmen to the The president’s power over local governments is
power to discipline and removal by the President only one of general supervision, and not one of
wiii seriously place at risk the independence of control. (Pimentel v. Aauirre. G.R. No. 132988,
the Ombudsman. However, it is valid insofar as July 19, 2000).
the Special Prosecutor is concerned because he
is not within the Office of the Ombudsman
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Q: May the President merge administrative Q: May the President enforce obedience to all
regions? laws through the military?
Yes. To facilitate the exercise of power of general No, The President cannot call the military to
supervision of local government, the president enforce or implement certain laws such as
may merge administrative regions and transfer customs laws, those governing family and
the regional center to Koronadal City from property relations, laws on obligations and
Cotabato City (Republic v. Bayao, G.R. No. contracts, etc. She can only order the military,
179492, 2013). under PP1017, to enforce laws pertinent to its
duty to suppress lawless violence. (David v.
2. MILITARY POWERS Macapagai-Arroyo, supra).
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President must act 1. Time limit of 60 No. The power of executive clemency cannot be
within permissible days delegated for it was not signed by the President
constitutional 2. Review and himself but by the Executive Secretary. Also, it
boundaries or in a possible cannot extend to administrative cases in the
manner not revocation by Judiciary because it will violate the principle of
constituting grave Congress separation of powers and impair the power of the
abuse of discretion. 3. Review and SC under §6 Art. VIII.
But generally, possible
president has full nullification by 6. POWER PERTINENT TO FOREIGN
discretion the SC RELATIONS
Yes, but only if the executive agreement (a) is not 1. General veto power - veto the entire bill; If
the instrument that allows the presence of foreign you veto a provision in an ordinary bill -
military bases, troops or facilities; or (b) merely considered as if you vetoed the whole thing.
aims to implement an existing law or treaty. 2. Item/line veto - veto separate items, not the
(Saguisag v. Exec. Sec., 2016) ENTIRE bill. ONLY in an appropriation,
revenue or tariff bill. (Sec. 21, Art. VI).
Q: What are the restrictions prescribed by the
Constitution on the power of the President to Q: What is the Doctrine of inappropriate
contract or guarantee foreign loans on behalf provisions?
of the State? • A provision that is constitutionally
The power of the President to contract or inappropriate for an appropriation bill may be
guarantee loans on behalf of the State is subject singled out for veto even if it is NOT an
to the prior concurrence of the Monetary Board appropriation or revenue item (refers to
and subject to such limitations as may be riders).
prescribed by law. (Sec. 20, Art. VII). • Included are:
1) unconstitutional provisions and
Q: What is an “item” under an appropriations 2) provisions which are intended to amend
bill? other laws. (Philconsa vs. Enriquez, G.R.
An item in an appropriation bill is a specific No. 113105, Aug 19, 1994)
appropriation of money, not some general
provision of law, which happens to be put into an 10. RESIDUAL POWERS
appropriation bill. An item of appropriation must 11. EXECUTIVE PRIVILEGE
be an item characterized by singular 12. EMERGENCY POWERS
correspondence, which is an allocation of a
specified singular amount for a specified singular D. RULES OF SUCCESSION
purpose known as a "line-item." (Belgica v.
Ochoa, 2013). Start of Term as of Noon June 30 (Art. VII, Sec.
n _____________________________________
Q: May an appropriation be validly
apportioned into component percentage or President VP Both
values? Fails to VP acts N/A Senate P.
Yes, provided that each percentage or value must Qualify as P or Speaker
be allocated for its own corresponding purpose acts as P.
for such component to be considered a proper
line-item. (Belgica v. Ochoa, 2013). Not VP acts N/A Senate P.
Chosen as P or Speaker
7. POWERS RELATIVE TO acts as P.
APPROPRIATION MEASURES
Death; After June Senate P.
P. 30, Sec. 9 or Speaker
Q: Why does Congressional pork barrel
Disability can apply. acts as P.
violate the President’s power to item-veto?
(PERLAS-BERNABE)
The President cannot exercise his item-veto During or Mid-Term (Sec. 8):
power because the purpose of the lump-sum Deathi; P. Disabled; Removal, Death; P.
discretionary budget is still uncertain. Resignation Disabled;
Furthermore, it cannot be considered an item Resignati
on
because an item is defined in the field of
appropriations as the particulars, details, distinct Pres. VP Both Acting
and severable parts of the appropriation or of the Pres.
bill. (Belgica v. Hon. Ochoa, 2013) (SP/SH)
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Yes. Section 1, Article VIII vests judicial power in faith, may have to be recognized as valid. (CIR v.
the Supreme Court and in lower courts San Roque Power Corporation, G.R. No. 187485,
established by laws. Judicial power includes the 2013).
determination whether there has been grave
abuse of discretion on the part of the government. Q: How was the operative fact doctrine
The CTA has the judicial power to determine applied to the DAP?
whether the RTC gravely abused its discretion in 1. The term “executive act” is broad enough to
issuing an interlocutory order in cases falling include any and all acts of the Executive,
within its exclusive appellate jurisdiction (City of including those that are quasi legislative and
Manila v. Grecia-Cuerdo, G.R. No. 175723, quasi-judicial in nature. It is not confined to
2014). statutes and rules and regulations issued by
the executive department or those which are
Operative fact doctrine quasi-legislative in nature. Thus, it applies to
the DAP (which was a mere program of the
Q: What is the “operative fact doctrine”? DBM).
When the assailed legislature act or executive act • The DAP itself, as a policy, transcended
is found by the judiciary to be contrary to the a merely administrative practice
Constitution, it is null and void. However, the especially after the Executive, through
actual existence of a statute prior to such the DBM, implemented it by issuing
determination is an operative fact and may have various memoranda and circulars.
consequences which cannot be erased by a new 2. This doctrine, in the interest of justice and
judicial declaration. Thus, for a period of time equity, can be applied liberally and in a broad
such statute, treaty, executive order or ordinance sense to encompass said decisions of the
was in “actual existence.” It is considered as an executive branch.
operative fact. (CIR v. San Roque Power • The DAP resulted to public infrastructure.
Corporation, G.R. No. 187485, 2013). Not to apply the doctrine of operative fact
to the DAP could literally cause the
Q: When is the operative fact doctrine not physical undoing of such worthy results
applicable? by destruction, and would result in most
• Operative fact doctrine cannot be invoked if it undesirable wastefulness.
will constitute an unjust enrichment. In the 3. However, the OFD applies ONLY to the
case of Planters v. Fertiphil, the tax on programs, activities, and projects that can
fertilizers had already been collected and no longer be undone, and whose
applied to a private corporation’s needs. This beneficiaries relied in good faith on the
was by virtue of the law imposing the tax. If validity of the DAP, but CANNOT apply to
the operative fact doctrine would be applied the authors, proponents and implementors
in this case it would sanction the enrichment of the DAP, unless there are concrete
of the Planters Product at the expense of the findings of good faith in their favor by the
Fertiphil. (Planters Products, Inc. v. FertiPhil proper tribunals determining their criminal,
Corporation, G.R. No. 166006, 2008). civil, administrative and other liabilities.
• It should also not be applied if it will be • Note however that the presumption of
iniquitous and would send a wrong signal that good faith was not removed; there must
an act may be justified when based on an first be a factual determination of the
unconstitutional provision. Simply put, it will guilt of the authors. Complainants has
not be applied if it will result to injustice. (Phil. burden of proof; presumption of GF still
Coconut v. Republic, G.R. Nos 177857-58, stands. (Araullo v. Aquino III, G.R. No.
2012). 209287, 2014).
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Q: What are the exceptions to the rule that the Q: What is a “political question”?
Courts will not entertain “moot” questions? It is a question, the resolution of which has been
1. A grave violation of the Constitution vested by the Constitution exclusively:
2. The exceptional character of the situation 1. In the people, in the exercise of their sovereign
and paramount public interest is involved capacity, or
3. A need to formulate controlling principles to 2. In which full discretionary authority has been
guide the bench, the bar and the public; and delegated to a co-equal branch of the
4. The fact that the case is capable of repetition Government. (Tanada v. Cuenco, G.R. No. L-
yet evading review. (International Service for 10520, 1957).
the Acquisition of Agri-Biotech Applications,
Inc. v. Greenpeace Southeast Asia, G.R. Q: Is the judiciary precluded from reviewing
Nos. 209271, 209276, 209301, and 209430, “political questions”?
July 26, 2016). No, the 2nd clause of Sec. 1, Art. VIII (the power
to determine whether or not there has been a
Q: Respondent Z filed a Petition for Writ of grave abuse of discretion) effectively limits what
Kalikasan alleging that the BT Talong filed are considered “political questions”. The Courts
trials violated their constitutional right to may now determine whether there has been
grave abuse of discretion amounting to lack or
health and a balance ecology considering that
excess of jurisdiction on the part of any branch or
the Environmental Compliance Certificate
instrumentality of government. (Francisco v.
(ECC) was not secured prior to the field trial, House of Rep, G.R. No. 160261, 2003).
the required public consultations under the
Local Government Code were not complied Q: Is the determination of what constitutes
with. However, the petitioners argued that the “betrayal of public trust” or “other high
case should be dismissed for mootness in crimes” a political question?
view of the completion and termination of the Yes. A determination of what constitutes an
BT Talong field trials and the expirations of impeachable offense is a purely political question,
the Biosafety Permits. Moreover, DAO 08- which the Constitution has left to the sound
discretion of the legislature. (Ma. Merceditas N.
2002 has already been superseded by JDC 01-
Gutierrez v. The HOR Committee on Justice, et
2016. Does the case fail under the exception
at., G.R. No. 193459, 2011).
to the general rule that the Court may only
adjudicate actual, ongoing controversies Q: Examples of political questions in
(PERLAS BERNABE)? jurisprudence.
No. Case law states that the Court will decide 1. Interpretation of the meaning of “disorderly
cases, otherwise moot, if: first, there Is a grave behavior” and the legislature’s power to
violation of the Constitution; second, the suspend a member (there is no procedure for
exceptional character of the situation and the the imposition of the penalty of suspension
paramount public interest are involved; third, nor did the 1935 Constitution define what
“disorderly behavior is). The matter is left to
when the constitutional issue raised requires
the discretion of the legislature (Osmeha, Jr.
formulation of controlling principles to guide the v. Pendatun, G.R. 17144, 1960).
bench, the bar, and the public; and fourth, the 2. Whether the court could intervene in a case
case is capable of repetition yet evading review. where the House of Representatives was
said to have disregarded its own rule. The
The petition for writ of Kalikasan was rendered court was held to have been without authority
moot by the expiration of biosafety permits and to intervene (Arroyo v. De Venecia, G.R. No.
field trials. In the absence of warranted 127255, August 14, 1997).
exceptions, the Court should not decide non- 3. Recognition of diplomatic immunity
justiciable questions. (International Service for (International Catholic Migration Commission
the Acquisition of Agri-Biotech Applications, Inc. v. Hon. Calleja, G.R. No. 85750, 1990).
v. Greenpeace Southeast Asia, G.R. Nos.
209271, 209276. 209301, and 209430, July 26,
2016).
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Q: Examples of cases in jurisprudence where cluster. The other nominees argued that the
there was held to be no political question President could only choose 1 nominee from
involved. each of the separate six shortlists or clusters
1. Apportionment of representative districts provided by the JBC. Is the clustering of
(because there are constitutional rules nominees by JBC unconstitutional?
governing apportionment) (Avelino v. Yes. It is unconstitutional. The JBC, in sorting the
Cuenco, G.R. No. L-2821, March 4, 1949). qualified nominees into six (6) clusters, one for
2. Suspension of the privilege of the writ of every vacancy, could influence the appointment
habeas corpus is not a political question process beyond its constitutional mandate of
because the Constitution sets limits to recommending qualified nominees to the
executive discretion on the matter President. Clustering impinges upon the
(Montenegro v. Castaneda, G.R. No. L-4221, President’s power of appointment, as well as
August 30, 1952). restricts the chances for appointment of the
3. Manner of forming the Commission on qualified nominees. (Aguinaldo v. Aquino, G.R.
Appointments (Guingona v. Gonzales, G.R. No. 224302, 2017).
No. 106971, October 20, 1992).
4. Constitutionality of Pork Barrel system D. QUALIFICATIONS OF MEMBERS OF
(Belgica v. Ochoa G.R. No. 208566, THE JUDICIARY
November 19, 2013) E. WORKINGS OF THE SUPREME COURT
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the concurrence of at least 3 such members. 10. The Chairmen and members are subject to
(Sec. 4, Art. Viil). certain disqualifications calculated to
strengthen their integrity.
Q: Is a law fixing the passing grade in the Bar The Commissions may appoint their own officials
examinations at 70%, with no grade lower and employees in accordance with Civil Service
than 40% in any subject constitutional? Law. (Nachura, Reviewer in Political Law, p. 325).
No. Such law entails amendment of the Rules of
Court promulgated by the Supreme Court. The Q: What are the inhibitions/ disqualifications?
Constitution has taken away the power of 1. Shall not, during tenure, hold any other office
Congress to alter the Rules of Court. The law will or employment
violate the principle of separation of powers. (In 2. Shall not engage in the practice of any
Re: Cunanan, 94 Phil. 534, 1954). profession
3. Shall not engage in the active management
What are the requisites for a 3rd party to file a or control of any business which in any way
case? may be affected by the functions of his office
1. The litigant must have suffered an injury-in 4. Shall not be financially interested, directly or
fact, thus giving him or her a "sufficiently indirectly in any contract with, or in any
concrete interest" in the outcome of the issue franchise or privilege granted by the
in dispute; Government or any of its subdivisions,
2. The litigant must have a close relation to the agencies or instrumentalities, including
third party; and GOCCs or their subsidiaries. (Sec.2, Art. IX).
3. There must exist some hindrance to the third
party's ability to protect his or her own Q: In case of conflict between a rule of
interests. (White Light v. City of Manila, G.R. procedure promulgated by a Commission and
No. 122846, 2009). a Rule of Court, which prevails?
It depends upon the venue. The rule of the
commission shall prevail if the proceeding is
CONSTITUTIONAL COMMISSIONS before a commission, but if before a court, the
Rules of Court prevail. (Aruelo Jr. v. CA, G.R. No
A. COMMON PROVISIONS 107852, 1993).
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4. Judicial and Bar Council (Funa v. The “No officer or employee of the civil service shall
Chairman, G.R. No. 192791, 2012). be removed or suspended except for cause
provided by law.” (Section 2(3), Article IX-B).
B. POWERS AND FUNCTIONS OF EACH
COMMISSION Q: What are the classes of non-competitive
positions?
A. The Civil Service Commission 1. Policy determining
Q: What is the covered by the Civil Service Where the officer lays down principal or
Commission? (BIGAS) fundamental guidelines or rules or formulates
1. Branches a method of action for government or any of
2. Instrumentalities its subdivisions. E.g. department head.
3. GOCCs with original charters (Nachura)
4. Agencies of the government 2. Primarily confidential
5. Subdivisions A position is considered primarily confidential
if the nature of the office requires close
NOTE: intimacy between the appointee and
1. “With Original Charter” means that the GOCC appointing authority which insures freedom of
was created by special law or by Congress intercourse without embarrassment or
2. If incorporated under the Corporation Code, it freedom from misgiving of betrayal of personal
does not fall within the Civil Service and is not trust on confidential matters of state.
subject to the CSC jurisdiction 3. Highly technical
3. If previously government-controlled, but is It means something beyond the ordinary
later privatized, it ceases to fall under CSC requirements of the profession. Hence, its
4. Jurisdiction is determined as of the time of determination is always a question of fact.
filing the complaint. (PNOC v. NLRC, G.R. No. (CSC v. Javier, G.R. No. 173264, 2008).
79182, 1991).
Q: Are individuals occupying non-competitive
Q: May the CSC disallow an appointment to a position covered by the guarantee of security
position authorized by law but not included in of tenure?
the Index of Occupational Service? They are covered by the guarantee of security of
No. Although the CSC rules limit appointments to tenure but the termination of their official relation
positions within the Index of Occupational can be justified on the ground of loss of
Service, nevertheless, it is also bound to confidence because in that case their cessation
implement the laws it is tasked to enforce. RA from office involves no removal but the expiration
8494 exempted the Trade and Investment of the term of office. (Tanjay v. Quinit, G.R. No.
Corporation from conforming to the position 160502, April 27, 2007).
classification, thus, the appointment made even
not within the index is still valid (Trade and Q: What is “partisan political campaign”?
Investment v. CSC, G.R.No.182249, 2013). The phrase involves any form of solicitation of the
elector’s vote in favor of a specific candidate. But
Q: May the CSC terminate the employment of this does not prevent the expression of views on
a civil servant? current political problems or issues, or mention of
No, the CSC is not a co-manager or surrogate the names of candidates for public office whom
administrator of government offices and the public officer supports. (Gonzales v.
agencies. Its functions and authority are limited to Comelec, G.R. No. L-27833, 1969).
approving or reviewing appointments to
determine their compliance with requirements of Q: Who are exempt from the prohibition on
the Civil Service Law. On its own, the engaging in electioneering and partisan
Commission does not have the power to political campaign?
terminate employment or drop members from the Exempt from this provision are members of the
rolls. (UP and Torres v. CSC, G.R. No. 132860, Cabinet and public officers and employees
Apr. 3, 2001 citing Chang v. CSC, G.R. No. holding political offices. (Santos v. Yatco, G.R
86791, 1990). No. L-16133, 1959).
Q: What is the concept of security of tenure in Q: Section 7, Article IX-B states that “No
the Civil Service Law? elective official shall be eligible for
appointment or designation in any capacity to
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any public office or position during his ballots. (Buac t/. Comelec, G.R. No. 155855,
tenure”, is this rule absolute? What are the 2004).
exceptions, if any?
It is not absolute. The Vice President may be The power of the COMELEEC to ascertain
appointed member of the Cabinet and a member the results of the plebiscite is implicit in the
of Congress is designated to sit in the Judicial power to enforce all laws relative to the
and Bar Council. The Senate President is also the conduct of plebiscite. (Buac v. Comelec, G.R.
ex-officio chairman of the Commission on No. 155855, 2004).
Appointments.
COMELEC can take jurisdiction over cases
Q: The Civil Service Commission took back involving party identity and leadership or
up files in the computer of an employee to controversy as to leadership in the party.
determine if he was acting as counsel for Such jurisdiction is sourced from the general
employees with cases before the power of the Commission to administer laws
commission. Is this valid? and rules involving the conduct of election.
Yes. To determine whether an employee has a
reasonable expectation of privacy, the following 2. Exercise
factors should be considered: (1) The employee’s a. Exclusive original jurisdiction over all
relationship to the item seized; (2) Whether the contests relating to the elections, returns,
item was in the immediate control of the and qualifications of all elective regional,
employee; (3) Whether the employee took provincial and city officials.
actions to maintain his privacy in the item. • Election contests in the Sangguniang
Kabataan (SK) are under the original
The Supreme Court declared that the employee jurisdiction of the MTC, and its
did not have a reasonable expectation of privacy appellate jurisdiction over the
over the computer files in view of the following decisions of the MTC is under the
facts: (1) The employee’s computer was issued COMELEC. (Fernandez v.
by the government, and could be used only for COMELEC, G.R. No. 176296, 2008)
government business, (2) There was a memo b. Appellate jurisdiction over all contests
policy restricting use of the computer expressly involving:
stating that the use of password does not imply i. Elective municipal officials
privacy, and (3) She allowed other people to decided by trial courts of general
access the computer; and (4) There is reasonable jurisdiction
ground for suspecting the computer files will ii. Elective barangay officials
produce evidence of the misconduct of the decided by trial courts of limited
employee. (Polio v. Constantino-David, G.R. No. jurisdiction. (Article IX-C, Sec. 2
181881, 2011) (2))-
c. Decisions, final orders, or rulings of the
B. The Commission on Elections COMELEC contests involving elective
municipal and barangay offices shall be
Q: What are the powers and functions of the final, executory, and not appealable. (Art.
COMELEC? !X-C, Sec. 2(2)).
1. Enforce and administer all laws and
regulations relative to the conduct of an EXCEPTION:
election, plebiscite, initiative, referendum, May be appealed to the SC EN BANC on
and recall. (Sec. 2(1), Art. IX). questions of law.
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exercise this in connection with its iv. Those supported by any foreign
purely executive or ministerial government e.g., receipt of financial
functions. contributions related to elections (Art.
• If it is a pre-proclamation IX-C Sec. 2(5))
controversy, the COMELEC
exercises quasi-judicial or 6. FILE, upon a verified complaint, or on its own
administrative powers. initiative, petitions in court for inclusion or
(Sandoval v. COMELEC, G.R. exclusion of voters; investigate and, where
No. 133842, 2000). appropriate, prosecute cases of violations of
• Its jurisdiction over ‘contests’ election laws, including acts or omissions
(after proclamation) is in constituting elections frauds, offenses and
exercise of its judicial functions. malpractices. (Art. IX-C, Sec.2(6)).
(Article IX-C, Sec. 2(2)). NOTE:
e. Issue writs of certiorari, prohibition and 1. COMELEC has EXCLUSIVE
mandamus in the exercise of its appellate JURISDICTION to investigate and
jurisdiction. prosecute cases for violations of election
laws.
3. Decide, except those involving the right to 2. COMELEC can deputize prosecutors for
vote, all questions affecting elections, this purpose. The actions of the
including determination of the number and prosecutors are the actions of the
location of polling places, appointment of COMELEC.
election officials and inspectors, and 3. COMELEC can conduct preliminary
registration of voters. (Art. IX-C, Sec. 2(3)). investigation on election cases falling
within its jurisdiction
NOTE: These petitions are cognizable by the
Regular Courts (MTC). 7. Recommend to the Congress effective
measures to minimize election spending,
4. Deputize, with the concurrence of the including limitation of places where
President, law enforcement agencies and propaganda materials shall be posted, and to
instrumentalities of the Government, prevent and penalize all forms of election
including the Armed Forces of the frauds, offenses, malpractices, and nuisance
Philippines, for the EXCLUSIVE PURPOSE candidacies. (Art. IX-C Sec.2(7)).
of ensuring free, orderly, honest, peaceful,
and credible elections. (Art. IX-C, Sec.2 (4)). 8. RECOMMEND to the President the removal of
any officer or employee it has deputized, or
NOTE: the imposition of any other disciplinary action,
1. This power is NOT limited to the election for violation or disregard of, or disobedience to
period. its directive, order, or decision. (Art. IX-C
- 2. Applies to both criminal and Sec.2(8)).
administrative cases. (Ejercito v.
COMELEC, G.R. No. 212398, 2004). 9. Submit to the President and the Congress a
comprehensive report on the conduct of each
5. Register political parties, organizations, or election, plebiscite, initiative, referendum, or
coalitions, accredit citizens’ arms of the recall. (Art. IX-C Sec.2(9)).
Commission on Elections. (Art. IX-C,
Sec. 2(5)). Q: What is the vote requirement for a valid
COMELEC en Banc resolution?
NOTE: A majority of the votes, or 4 votes. If the six
1. Political parties, etc. must present their members are evenly divided, the Commission on
platform or program of government. Elections should rehear the case. (Sevilla v.
2. There should be sufficient publication. COMELEC, G.R. 203833, 2013).
3. Groups that cannot be registered:
i. Religious denominations/ sects Q: What powers were not given to COMELEC?
ii. Those that seek to achieve their goals 1. Decide questions involving the right to vote
through violence or unlawful means (placed under jurisdiction of courts) (Art. IX-
Hi. Those that refuse to uphold and adhere
C Sec. 2(3); Sec. 33, R.A. No. 8189)]
to the Constitution
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The Court ruled in Kalaw v. COMELEC-that the the techniques and methods required. (Art. IX-
COMELEC’s powers and functions under Section D, Sec. 2(2)).
2, Article IX-C of the Constitution, include the
ascertainment of the identity of the political party Promulgate accounting and auditing rules and
and its legitimate officers responsible for its acts. regulations:
The Court also declared that the COMELEC’s 1. Including those for the prevention or
power to register political parties necessarily disallowance of irregular, unnecessary,
involved the determination of the persons who excessive, extravagant, or unconscionable
must act on its behalf. Thus, the COMELEC may expenditures of government funds and
resolve an intra-party leadership dispute, in a properties.
proper case brought before it, as an incident of its 2. Failure to comply with these rules can be a
power to register political parties. (Matias v. ground for disapproving the payment of a
COMELEC, G.R. No. 188920, 2010). proposed expenditure. (Caltex v. COA, G.R.
No. 92585, 1992).
Q: Is the election of Sangguniang Kabataan
(SK) members within the jurisdiction of the Q: Do the Boy Scouts of the Philippines (BSP)
COMELEC? fall under the COA’s audit jurisdiction?
No, the conduct of election, and contests Yes. The Supreme Court held that not all
involving the election of SK officials do not fall corporations, which are not government owned or
within the jurisdiction of COMELEC. Thus, it was controlled, are ipso facto private corporations as
within the authority of the DILG Secretary to there exists another distinct class of corporations
exempt a local government unit from holding SK or chartered institutions which are otherwise
elections. (Alunan v. Mirasol, G. R. No. 122250 & known as “public corporations.” These
122258, July 21, 1997). corporations are treated by law as agencies or
instrumentalities of the government which are not
However, it should be noted that before subject to the tests of ownership or control and
proclamation, cases concerning eligibility of SK economic viability but to a different criteria
officers and members are cognizable by the relating to their public purposes/interests or
Election Officer which is under the DILG. After the constitutional policies and objectives and their
election and proclamation, the same cases administrative relationship to the government or
become quo warranto cases cognizable by any of its departments or offices.
MTCs, MCTCs, and MeTCs. (Marquez, v.
COMELEC, G.R. No. 127318, 1999). As presently constituted, the BSP is a public
corporation created by law for a public purpose,
Q: Does the COA have jurisdiction over the attached to the Department of Education Culture
Local Water Utilities Administration? and Sports pursuant to its Charter and the
Yes. A water district is a GOCC with a special Administrative Code of 1987.
charter. Under Section 2, Subdivision D, Article
IX of the 1987 Constitution, it is the mandate of It is not a private corporation which is required to
the COA to audit all government agencies, be owned or controlled by the government and be
including GOCCs with original charters. (Barbo v. economically viable to justify its existence under
COA G.R. No. 157542, 2008) a special law. The economic viability test would
only apply if the corporation is engaged in some
Q: What are the functions of the COA? economic activity or business function for the
If COA finds the internal control system of government, which is not the case for
audited agencies inadequate, COA may adopt BSP. Therefore, being a public corporation, the
measures, including temporary or special pre funds of the BSP fall under the jurisdiction of the
audit, as necessary to correct deficiencies. Commission on Audit. (Boy Scouts of the
(Art. IX-D, Sec.1(1)). Philippines v. COA, G.R. No. 177131, 2011)
Keep the general accounts of the government, Q; Is the Manila Economic and Cultural Office
preserving vouchers and other supporting subject to audit by the COA?
papers pertaining thereto. (Art. IX-D, Sec. Yes, it is subject to the audit by COA for the
2(V). consular fees and verification fees it collects
because these are government funds.
Exclusive authority to define the scope of
COA’s audit and examination and to establish
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MECO is sui generis. It was established when the Supreme Court via Rule 65 (Rule 64, Rules of
Philippines severed diplomatic relations with Court).
Taiwan upon recognition of China. None of its
members are government officials. It is neither a Q: Who has jurisdiction to determine the
GOCC nor an instrumentality. Its functions are of presence of “probable cause” in election
a kind that would otherwise be performed by the cases?
diplomatic and consular offices of the Philippines. The finding of probable cause and the
Although MECO is neither a GOCC nor a prosecution of election offenses rest in the
government instrumentality and despite its non COMELEC’s sound discretion. (Baytpn v.
governmental character, MECO handles COMELEC G.R. No. 153945, Feb 4, 2003).
government funds in the form of the "verification
fees" it collects on behalf of the DOLE and the The Chief State Prosecutor, who may have been
"consular fees" it collects under Section 2(6) of designated by the COMELEC to prosecute a
EO No. 15, s. 2001. Hence, under existing laws, criminal action, merely derives his authority from
the accounts of the MECO pertaining to its the COMELEC. It is beyond his power to oppose
collection of such "verification fees" and "consular the appeal made by COMELEC. (Comelec v.
fees" should be audited by the COA. (Funa v. Silva, G.R. No. 129417, 1998).
MECO, G.R. No. 193462, 2014).
Q: How is judicial review of COMELEC
Q: Are water districts within the coverage of decisions invoked?
the COA? A petition for certiorari via Rule 65 of the ROC is
Yes. A water district is a GOCC with a special filed with the SC within 30 days from receipt of a
charter since it is created pursuant to a special copy of a final order, ruling, or decision of the
law. Thus, COA has the authority to investigate Commission en banc. (Aratuc v. Comelec, G.R.
whether directors, officials or employees of No. L-49705-09, 1979).
GOCCs receiving allowances and bonuses are
entitled to such benefits under applicable laws. C. COMPOSITION AND QUALIFICATIONS
(Zamboanga Water District v. COA, G.R. No. OF MEMBERS
213472, 2016). D. PROHIBITED OFFICES AND INTERESTS
E. REVIEW OF FINAL ORDERS,
Q: Can COA disallow TESDA from paying a RESOLUTIONS, AND DECISIONS
healthcare allowance to their employees?
Yes. TESDA is a government instrumentality, and
thus, under the coverage of COA. COA is BILL OF RIGHTS
generally accorded complete discretion in the
exercise of its constitutional duty and A. FUNDAMENTAL POWERS OF THE
responsibility to examine and audit expenditures STATE
of public funds. Only in instances when COA acts
without or in excess of jurisdiction or with grave Q: What arc the inherent or fundamental
abuse of discretion amounting to lack or excess powers of the State?
of jurisdiction shall the Court interfere. (TESDA v. 1. Police Power
COA, G.R. No. 196418, Feb 10, 2015). 2. Power of eminent domain
3. Taxation
E. REVIEW OF FINAL ORDERS,
RESOLUTIONS AND DECISIONS These belong to the very essence of government,
without which no government can exist; a
Q: What cases decided by COMELEC are constitution does not grant such powers to
subject to judicial review? government; a constitution can only define and
Decisions or determinations by COMELEC in the delimit them and allocate their exercise among
exercise of its administrative (not quasi-judicial) various government agencies.
power may be questioned in an ordinary civil
action before the trial court. (Filipinas Engineering Q: Who may exercise police power?
& Machine Shop v. Ferrer, G.R. No. L-31455, It is vested in the Legislature and may be
1985). delegated, within limits, to local governments.
(Philippine Association of Service Exporters v.
If the COMELEC, in deciding a case, is exercising Drilon, G.R. No. 81958, 1988).
quasi-judicial functions, the remedy is to go to the
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Q: Who may exercise the power of taxation? Benefits No direct Market Receives
It is vested in the Legislature, and is delegated to: Received and value of equivalen
1. Local legislative bodies, (Sec. 5, Art. X). by immediate property t of the tax
2. To a limited extent, the President when Person benefit, only taken in form of
granted tariff powers. (Sec. 28(2), Art. VI). Affected what may protection
arise from and
Q: Who may exercise the power of eminent maintenanc benefits
domain? e of a from
healthy governme
It is vested in the Legislature and, may be nt
economic
delegated to the: standard of
1. President society
2. Administrative bodies
3. Local government units Amount What is Market Generally
4. Private enterprises performing public services sufficient to value of no limit;
(City of Manila v. Chinese Community of cover cost of property subject to
license and taken due
Manila, G.R. No. L-14355, 1919). other process
necessary
Q. What are the differences among the three expenses
powers of the State?_____________________
Police Eminent Q. What are the requirements for the validity
Taxation
Power Domain of local ordinance? (COD-PUT)
Authority Government May be Gov’t or 1. Must not contravene with the Constitution
or its granted to its and any other statute
political public political 2. Must not be unfair or Oppressive
subdivisions service subdivisio 3. Must not be partial or Discriminatory
companies ns 4. Must be general and consistent with Public
or public policy
utilities
5. Must not be Unreasonable
Purpose Regulation Property is Property 6. Must not prohibit, but may regulate Trade
for “taken” is taken (City of Manila v. Laguio, G.R. No. 118127,
promotion of public use or for the 2005).
general benefit - support of
welfare and compensabl Gov’t B. PRIVATE ACTS AND THE BILL OF
the public e RIGHTS
good - not
compensabl
e
Q: Are private acts subject to the protection
of the Bill of Rights?
Persons Community An entity o r ; Communi No, by definition, the Bill of Rights is a set of
affected or class of Individual ty or class prescriptions setting forth the fundamental civil
entities or of entities and political rights of the individual, and imposing
individuals or limitations on the powers of the government as a
individual means of securing the enjoyment of those rights.
s
(Nachura).
Effect No transfer Transfer of Becomes
of title, at the right to part of If the violation is by private individuals, the
most there is property public remedy is found in the Civil Code, or if proper, in
a restraint whether it be funds the Revised Penal Code. (Bernas, The 1987
on the ownership Constitution of the Republic of the Philippines,
injurious use or to a lesser 2009 ed.)
of the right
property
Q: Who are protected by Due Process?
1. All natural persons
2. Artificial persons - only insofar as their
property is concerned. (Smith Bell & Co. v.
Natividad, G.R. No. 15574, 1919).
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Q: Is Constitutional Due Process different Q: What are the elements of due process in
from Statutory Due Process? judicial proceedings? (Ju3NO)
Yes. The Due Process Clause in Article III, 1. An impartial court or tribunal clothed with
Section 1 of the Constitution embodies a system judicial power to hear and determine the
of rights based on moral principles so deeply matter before it.
imbedded in the traditions and feelings of our 2. Jurisdiction must be lawfully acquired over
people as to be deemed fundamental to a the person or subject matter.
civilized society as conceived by our entire 3. Judgment must be rendered upon a lawful
hearing,
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4. The defendant must be given notice and an charges against them, with the assistance of
opportunity to be heard. counsel, if desired
3. They shall be informed of the evidence
Q: What are the elements of due process in against them
administrative proceedings? (HIP DESK) 4. They shall have the right to adduce evidence
in their own behalf
1. The right to a hearing, which includes the 5. The evidence must be duly considered by the
right to present one’s case and submit investigating committee or official designated
evidence in support thereof. by the school authorities to hear and decide
2. The tribunal or body or any of its judges must the case.
act on its or his own Independent
consideration of the law and facts of the Q: Is the Philippine Military Academy (PMA)
controversy, and not simply accept the views bound by the due process standards in
of a subordinate in arriving at a decision. student disciplinary cases?
3. The decision must be based on the evidence Yes. The PMA is not immune from the strictures
presented at the hearing or at least contained of due process. The statement that “a cadet can
in the record and disclosed to the parties be compelled to surrender some civil rights and
affected. liberties in order for the Code and System to be
4. The decision must have something to implemented” simply pertains to what cadets
support itself. have to sacrifice in order to prove that they are
5. The tribunal must consider the evidence men or women of integrity and honor, such as the
presented. right to entertain vices and the right to freely
6. Evidence supporting the conclusion must be choose what they want to say or do. In the context
L, substantial. of disciplinary investigation, it does not
7. The board or body should, in all controversial contemplate a surrender of the right to due
questions, render its decision in such a process but, at most, refers to the cadets’ rights
manner that the parties to the proceeding can to privacy and to remain silent. (First Class Cadet
know the various issues involved and the Aldrin Jeff P. Cudia of the PMA v. The
reasons for the decision rendered Superintendent of the PMA, G.R. No. 211362,
February 24, 2015.)
Q: What are the instances when hearings are
not necessary? Q. What are the requirements of due process
1. When administrative agencies are exercising in deportation proceedings? (SP-CP)
their quasi-legislative functions 1. Charges against alien must Specify the acts
2. When administrative agencies are exercising or omissions complained of
their quasi-judicial functions if temporary 2. Preliminary investigation - to determine
pending hearing. whether there is sufficient cause to charge
3. Abatement of nuisance per se respondent with deportation
4. Granting by courts of provisional remedies 3. Follow rules of Criminal procedure
5. Cases of preventive suspension 4. Private prosecutors should NOT be allowed
6. Removal of temporary employees in the to intervene.
government
7. Issuance of warrants of distraint and/or levy Q: Does media coverage in criminal cases
by the BIR Commissioner. violate the right of the accused to a fair trial?
8. Cancellation of the passport of a person Not necessarily. The right of an accused to a fair
charged with a crime. trial is not incompatible to a free press, that
9. Suspension of a bank's operations by the pervasive publicity is not per se prejudicial to the
Monetary Board upon a prima facie finding of right of an accused to a fair trial, and that there
liquidity problems in such bank. must be allegation and proof of the impaired
capacity of a judge to render a bias-free decision.
Q: What are the minimum standards of due The Court partially granted pro hac vice
process in student disciplinary cases? (IA- petitioners’ prayer for a live broadcast of the trial
IAC) court proceedings, subject to strict guidelines. (In
1. The students must be Informed in writing of Re: Petition For Radio And TV Coverage Of The
the nature and the cause of any accusation Multiple Murder Case Against Zaldy Ampatuan Et
against them AL, A.M. No. 10-11-5-SC, 2011.)
2. They shall have the right to answer the
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basis scrutiny, the three test for the they be given priority in addressing the health
reasonableness of classification. development of the people. Section 7 of the RH
1. Rational basis - challenged classification Law prioritizes poor and marginalized couples
needs only be shown to be rationally related who are suffering from fertility issues and desire
to serving a legitimate state interest. to have children. Thus, there is no merit to the
2. Intermediate - challenged classification serves contention that the RH Law only seeks to target
an important state interest and that the the poor to reduce their number. (Imbong v.
classification is at least substantially related to Ochoa, G.R. 204819, April 2014).
serving that interest.
3. Strict - classification is necessary to achieve a E. SEARCHES AND SEIZURES
compelling state interest and that it is the least
restrictive means to protect such interest. 4. WARRANT REQUIREMENT
(White Light Corporation v. City of Manila,
G.R. No. 122846, 2009). Q: What are the requisites for searches and
seizures with a valid warrant?
Q: Is there a substantial distinction between CODE: JPEPO
elective and appointive officials?
Yes. The former occupy their office by virtue of 1. The existence of probable cause is
the mandate of the electorate. They are elected determined personally by the JUDGE.
to an office for a definite term and may be 2. It must be issued upon a finding of
removed therefrom only upon stringent PROBABLE CAUSE.
conditions. On the other hand, appointive officials 3. The judge must EXAMINE UNDER OATH
hold their office by virtue of their designation the complainant and the witnesses he may
thereto by an appointing authority. Some produce.
appointive officials hold their office in a 4. The warrant must PARTICULARLY
permanent capacity and are entitled to security of DESCRIBE the place to be searched and
tenure while others serve at the pleasure of the person or things to be seized.
appointing authority. (Eleazar P. Quinto and 5. It must be in connection with ONE SPECIFIC
GerinoA. Tolentino, Jr., vs. COMELEC, G.R. No. offense. (Art. Ill, Sec. 2)
189698, February 22, 2010).
Q: Must the judge personally examine the
Q: Does Section 6 of the Cybercrime complainant and the witnesses for an arrest
Prevention Act, punishing by one degree warrant?
higher crimes committed through the internet, No. The judge is not required to examine
violate equal protection? personally. He is only required to determine
No. There is substantial distinction between probable cause personally. He may satisfy
crimes committed through the use of information himself by fiscal reports, if not, he may require
technology and similar crimes using other means. submission of affidavit of witnesses. (Soliven v.
In every cybercrime, the offender often evades Makasiar, G.R. No. 82585, 1988).
identification and is able to reach more victims or
cause more harm. (Disini vs. Secretary of Justice, Q. What is the requirement for a John Doe
G.R. No. 203335, February 18, 2014). warrant to be valid?
It must contain a descriptio personae (description
Q: Does the RH Law violate the right to equal of the person) such as to enable the officer to
protection of the law such that it identify the accused. (People v. Veloso, G.R. No.
discriminates against the poor as it makes L-23051, 1925).
them the primary target of the government
program that promotes contraceptive use 3. WARRANTLESS SEARCHES
rather than promoting reproductive health
among the poor? Q: When can there be warrantless searches?
No. To provide that the poor are to be given CODE: WIPES MAC PC
priority in the government's reproductive health
care program is not a violation of the equal 1. Waiver of right
protection clause. In fact, it is pursuant to Section 2. Incidental to a lawful arrest
11, Article XIII of the Constitution which 3. Plain view doctrine
recognizes the distinct necessity to address the 4. During exigent and emergency situations
needs of the underprivileged by providing that 5. Moving vehicle
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warrant is being issued. (Worldwide Web intent is not criminal prosecution, as those found
Corporation v. People, G.R. 161106, Jan 13, positive for illegal drug use as a result of this
2014). random testing are not necessarily treated as
criminals. They may even be exempt from
Q: May the right to question the irregularity of criminal liability should the illegal drug user
a warrantless arrest be subject to waiver or consent to undergo rehabilitation. (SJS v. DDB
estoppel? and PDEA, GR No: 157870, 2008).
Yes. An accused is already estopped from
assailing any irregularity of his arrest if he fails to Q: May persons arrested for crimes be the
raise this issue or to move for the quashal of the subject of mandatory drug tests?
information against him on this ground before There is no valid justification for mandatory drug
arraignment. Thus, any objection involving a testing for persons accused of crimes. In the case
warrant of arrest or the procedure by which the of students, the constitutional viability of the
court acquired jurisdiction of the person of the mandatory, random, and suspicion-less drug
accused must be made BEFORE he enters his testing for students emanates primarily from the
plea; otherwise, the objection is deemed waived. waiver by the students of their right to privacy
(People v. Velasco, G.R. No. 190318, 2013). when they seek entry to the school, and from their
voluntarily submitting their persons to the
5. ADMINISTRATIVE ARRESTS parental authority of school authorities.
Q: Does the traditional notion of Probable In the case of private and public employees, the
Cause extend to deportation proceedings? constitutional soundness of the mandatory,
No. Section 37 of the Immigration Law, random, and suspicion-less drug testing
empowering the Commissioner of Immigration to proceeds from the reasonableness of the drug
issue warrants for the arrest of overstaying aliens test policy and requirement.
is constitutional. The arrest is a step preliminary
to the deportation of the aliens who had violated The situation is entirely different in the case of
the condition of their stay in this country. The persons charged before the public prosecutor’s
requirement of probable cause, to be determined office with criminal offenses punishable with six
by a Judge, does not extend to deportation (6) years and one (1) day imprisonment.
proceedings. There need be no "truncated"
recourse to both judicial and administrative The operative concepts in the mandatory drug
warrants in a single deportation proceeding. testing are "randomness" and "suspicion-less." In
(Harvey v. Miriam Defensor Santiago, G.R. No. the case of persons charged with a crime before
82544, 1988). the prosecutor's office, a mandatory drug testing
can never be random or suspicion-less. They are
2. EVIDENCE THROUGH PURELY not randomly picked; neither are they beyond
MECHANICAL ACTS suspicion. When persons suspected of
committing a crime are charged, they are singled
Q: May mandatory drug tests be validly out and are impleaded against their will. The
conducted in schools and private offices? persons thus charged, by the bare fact of being
Yes. The drug test prescribed under Sec. 36(c), haled before the prosecutor's office and
(d), and (f) of RA 9165 for secondary and tertiary peaceably submitting themselves to drug testing,
level students and public and private employees, if that be the case, do not necessarily consent to
while mandatory, is a random and suspicion-less the procedure, let alone waive their right to
arrangement. The objective is to stamp out illegal privacy.
drug and safeguard in the process "the well being
of [the] citizenry, particularly the youth, from the To impose mandatory drug testing on the
harmful effects of dangerous drugs." This accused is a blatant attempt to harness a medical
statutory purpose, per the policy - declaration test as a tool for criminal prosecution, contrary to
portion of the law, can be achieved via the pursuit the stated objectives of RA 9165. Drug testing in
by the state of "an intensive and unrelenting this case would violate a persons' right to privacy
campaign against the trafficking and use of guaranteed under Sec. 2, Art. Ill of the
dangerous drugs x x x through an integrated Constitution. Worse still, the accused persons are
system of planning, implementation and veritably forced to incriminate themselves. (SJS
enforcement of anti - drug abuse policies, v. DDB and PDEA, supra).
programs and projects." The primary legislative
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of privacy in view of the following: (1) Facebook Content-neutral regulation is merely concerned
“allows the world to be more open and connected with the incidents of the speech, or one that
by giving its users the tools to interact and share merely controls the time, place or manner, and
in any conceivable way”; (2) A good number of under well-defined standard. Content-neutral
Facebook users “befriend” other users who are regulations of speech or of conduct that may
total strangers; (3) The sheer number of “Friends” amount to speech are subject to lesser but still
one user has, usually by the hundreds; and (4) A heightened scrutiny. (Newsounds Broadcasting
user’s Facebook friend can "share” the former’s Network v. Dy, G.R. Nos. 170270 & 179411, April
post, or “tag” others who are not Facebook 2, 2009).
friends with the former, despite its being visible
only to his or her own Facebook friends. Setting (a) Tests
a post’s or profile detail’s privacy to “Friends” is
no assurance that it can no longer be viewed by What is an example of content-based and
another user who is not Facebook friends with the content-neutral regulations?
source of the content. (Vivares v. St. Theresa’s
College, G.R. No. 202666, September 29, 2014). Clear and Present Danger Test (Content-based
regulations) Speech may be curtailed if the words
G. FREEDOM OF EXPRESSION used are used in such circumstances and are of
1. CONCEPT AND SCOPE such nature as to create a clear and present
danger that they will bring about the substantive
Q: What are the 2 aspects of Freedom of evils that Congress has a right to prevent.
Expression? (Chavez v. Gonzales, G.R. No. 168338, February
1. Prior restraint - Official government 15, 2008)
restrictions on the press or other forms of
expression in advance of actual publication or Intermediate Scrutiny Test (Content-neutral
dissemination are constitutionally regulations) Content-neutral government
impermissible. (Chavez v. Gonzales, G.R. No. regulation is sufficiently justified if:
168338, 2008). 1. it is within the constitutional power of the
Government
'2. Subsequent punishment - The guarantee of 2. it furthers an important or substantial
freedom of expression also means a limitation governmental interest
on the power of the State to impose 3. governmental interest is unrelated to the
subsequent punishment, after publication. suppression of free expression
(Soriano v. Laguardia, G.R. 164785, 2009, 4. the incident restriction on alleged freedom of
Dissenting opinion J. Carpio). speech & expression is no greater than is
essential to the furtherance of that interest.
Q: What are the exceptions to freedom from (Chavez v. Gonzales, supra.)
prior restraint?
1. When the nation is at war (b) Applications
2. Obscene publications
3. Security of community life may be protected Q: The COMELEC ordered to immediately
against incitements to violence or overthrow of remove a 6x1 Oft tarpaulin displaying the
orderly government. (Near v. Minnesota 283 names of electoral candidates who did and
U.S. 697, 1931). did not vote for the adoption of the RH Law
under the headings “Team Buhay” and “Team
2. CONTENT-BASED AND CONTENT- Patay”. Did the order of COMELEC violate the
NEUTRAL REGULATIONS exercise of the petitioners’ right of freedom of
speech?
Q: Distinguish content-neutral from content- Yes. The Court found that there is no compelling
based regulations. and substantial state interest endangered by the
Content-based restriction is based on the posting of the tarpaulin as to justify curtailment of
subject matter of the utterance or speech and the right of freedom of expression. There is no
thus treated as more suspect than content- reason for the State to minimize the right of non
neutral laws because of judicial concern with candidate petitioners to post the tarpaulin in their
discrimination in the regulation of expression. private property. (Archdiocese of Bacolod v.
COMELEC, G.R. No. 205728, 2015)
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the Court has declared that matters dealing with Yes. The holding of Catholic masses at the
"faith, practice, doctrine, form of worship, basement of the QC Hall of Justice is not a case
ecclesiastical law, custom and rule of a church of establishment, but merely accommodation.
are unquestionably ecclesiastical matters which 1. There is no law, ordinance or circular issued
are outside the province of the civil courts." The by any duly constitutive authorities expressly
jurisdiction of the Court extends only to public and mandating that judiciary employees attend the
secular morality. Whatever pronouncement the Catholic masses at the basement.
Court makes in the case at bench should be 2. When judiciary employees attend the masses
understood only in this realm where it has to profess their faith, it is at their own initiative,
authority. Stated otherwise, while the Court
without any coercion from the judges or
stands without authority to rule on ecclesiastical
matters, as vanguard of the Constitution, it does administrative officers.
have authority to determine whether the RH Law 3. No government funds are being spent
contravenes the guarantee of religious freedom. because the lightings and air conditioning
continue to be operational even if there are no
While the Constitution prohibits abortion, laws religious rituals there.
were enacted allowing the use of contraceptives. 4. The basement has neither been converted
To some medical practitioners, however, the into a Roman Catholic chapel nor has it been
whole idea of using contraceptives is an permanently appropriated for the exclusive
anathema. Consistent with the principle of use of its faithful.
benevolent neutrality, their beliefs should be 5. The allowance of the masses has not
respected. prejudiced other religions (Re: Letter of Tony
Valenciano, AM . 10-4-19-SC, 2017)
In the same breath that the establishment clause
restricts what the government can do with
religion, it also limits what religious sects can or Q: Can religious images be displayed in
cannot do with the government. They can neither government offices?
cause the government to adopt their particular A: No. In no case shall a particular part of a public
doctrines as policy for everyone, nor can they not building be a permanent place for worship for the
cause the government to restrict other groups. To benefit of any and all religious groups. There shall
do so, in simple terms, would cause the State to also be no permanent display of religious icons in
adhere to a particular religion and, thus, all halls of justice in the country. In case of
establishing a state religion. (Imbong v. Ochoa, religious rituals, religious icons and images may
G.R. 204819, April 2014). be displayed but their presentation is limited only
during the celebration of such activities. After any
Q: Does RH Law violates the guarantee of religious affair, the icons and images shall be
religious freedom by compelling medical hidden or concealed from public view. (Re: Letter
health practitioners, hospitals, and health of Tony Valenciano, AM. 10-4-19-SC, 2017)
care providers, under pain of penalty, to refer
patients to other institutions despite their 3. TESTS
conscientious objections?
Yes. The Court is of the view that the obligation Q: What is the “compelling state interest”
to refer imposed by the RH Law violates the test?
religious belief and conviction of a conscientious The state has the burden of justifying any
objector. Once the medical practitioner, against possible incursion into the exercise of religion.
his will, refers a patient seeking information on The process involves three steps:
modem reproductive health products, services, 1. The courts should look into the sincerity of the
procedures and methods, his conscience is religious belief without inquiring into the truth
immediately burdened as he has been compelled of the belief
to perform an act against his beliefs. As 2. The state has to establish that its purposes are
Commissioner Bernas has written, "at the basis legitimate and compelling
of the free exercise clause is the respect for the 3. The state used the least intrusive means
inviolability of the human conscience. (Imbong v. possible. (Estrada v. Escritor, A.M. No. P-02-
Ochoa, G.R. 204819, April 2014). 1651, August 4, 2003).
1. The statute must-have a secular legislative Q: Distinguish the grounds for which Hold
purpose. (Also known as the Purpose Prong) Departure Orders versus Watch-list Orders
2. The principal or primary effect of the statute may be issued.
must neither advance nor inhibit religion. (Also
known as the Effect Prong) Hold Departure Orders Watchlist Orders
• The Secretary of The Secretary of Justice
3. The statute must not result in an "excessive
Justice may issue an may issue a WLO, under
government entanglement" with religion. (Also HDO, under any of the any of the following
known as the Entanglement Prong) (Lemon v. following instances: instances:
Kurtzman, 403 U.S. 602, 1971). a. Against the accused, a. Against the accused,
regardless of regardless of
I. LIBERTY OF ABODE AND FREEDOM OF nationality, in nationality, in criminal
MOVEMENT criminal cases falling cases pending trial
within the jurisdiction before the Regional
1. LIMITATIONS of courts below the Trial Court.
RTCs. b. Against the
Q: Is the right to return to one’s country b. Against the alien respondent,
contemplated in the Constitutional right to whose presence is regardless of
travel? required as nationality, in criminal
No. The right to return to one's country is not defendant/responde cases pending
among the rights specifically guaranteed in the nt/witness in a civil or preliminary
Bill of Rights, which treats only of the liberty of labor case pending investigation, petition
abode and the right to travel. litigation, or any case for review, or motion
before an for reconsideration
It is within the residual powers of the President to administrative before the Department
restrict or prevent such return. The test used was agency. of Justice or any of its
“arbitrariness”. c. Against any person, provincial or city
either motu proprio, prosecution offices.
The state of the country at that time was or upon the request Against any person,
characterized by political and economic by the Head of a either motu proprio, or
instability. This was sufficient justification for the Department/constitut upon the request of any
President to restrict the return of the Marcoses to ional body or government agency/
the Philippines. (Marcos v. Manglapus, G.R. No. commission/Chief commissions/ task
88211, 1989). Justice/ Senate forces or similar entities
President/ the House created by the Office of
Q: Is the right to return to one’s country Speaker, or when the the President, pursuant
protected under the UDHR or the ICCPR? adverse party is the to the "Anti-Trafficking in
No. The Universal Declaration of Humans Rights Government or any Persons Act of 2003"
and the International Covenant on Civil and of its agencies or and/or in connection with
Political Rights treat the right to freedom of instrumentalities, or any investigation being
movement and abode within the territory of a in the interest of conducted by it, or in the
state, the right to leave a country, and the right to national security, interest of national
enter one's country as separate and distinct public safety or security, public safety or
rights. public health public health.
2. RIGHT TO TRAVEL
(a) Watch-list and hold departure orders
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3. JUST COMPENSATION
(a) Determination
(b) Effect of delay
desires to sell but is not compelled to part with his in favor of the property owner the amount
property. (Republic v. Rural Bank of Kabacan, equivalent to the sum of:
G.R. No. 185214, 2012). a. ) 100% of the current BIR Zonal valuation of the
land;
Q: What should be the basis of the value of b. ) Replacement cost of the affected structures or
just compensation? improvements;
General Rule: The value must be that as of the c. ) Current market value of the crops and trees
time of the FILING OF THE COMPLAINT for located within the property. (Sec. 6, RA 10752)
expropriation.
4. ABANDONMENT OF INTENDED USE AND
Exceptions: RIGHT OF REPURCHASE
1. When the filing of the case comes LATER
than the time of taking and meanwhile the Q: What happens if there is abandonment of
value of the property has INCREASED intended use?
because of the use to which the expropriator If the property ceases to be used for a public
has put it, the value is that of the time of the purpose, the property reverts to the owner in fee
earlier TAKING. simple. (ATO vs. Gopuco, Jr. G.R. No. 158563,
2. Where this Court fixed the value of the June 30, 2005).
property as of the date it was taken and not
the date of the commencement of the M. CONTRACT CLAUSE
expropriation proceedings. (NPC v. Lucman
Ibrahim, G.R. No. 168732, 2007). Q: When is there an impairment of a contract?
1. If it changes the terms and conditions of a
Exception to the Exception: If the value legal contract either as to the time or mode of
INCREASED INDEPENDENTLY of what the performance
expropriator did, then the value is that of the 2. If it imposes new conditions or dispenses with
FILING of the case. (NPC v. Lucman Ibrahim, those expressed
G.R. No. 168732, 2007). 3. If it authorizes for its satisfaction something
different from that provided in its terms.
Q: Which court has the jurisdiction over (PAGCORvs. BIR, G.R. No. 172087, 2011).
petitions for the determination of just
compensation? Q: Does a change in available procedural
R.A. 6657, otherwise known as the remedies impair contracts?
Comprehensive Agrarian Reform Law of 1988 No. A mere change in procedural remedies which
specifically provides that the Special Agrarian does not change the substance of the contract,
Courts (which are the RTCs) shall have original and which still leaves an efficacious remedy for
and exclusive jurisdiction over all petitions for the enforcement does not impair the obligation of
determination of just compensation to contracts.
landowners, and the prosecution of all criminal
offenses under said Act. The DAR cannot be Q: Is there a limitation to the non-impairment
granted jurisdiction over cases of eminent clause, Sec. 10, Art. III?
domain. The valuation of property in eminent Yes. The non-impairment clause of the
domain is essentially a judicial function which Constitution must yield to the loftier purposes
cannot be vested in administrative agencies. targeted by the Government. Time and again, this
(Land Bank of the Philippines v. Spouses Court has said that contracts affecting public
Umandap, G.R. No. 166298, November 17, interest contain an implied reservation of the
2010). police power as a postulate of the existing legal
order. This power can be activated at anytime to
Q: What is the new system of payment for change the provisions of the contract, or even
expropriation under the Right of Way Act abrogate it entirely, for the promotion or
(R.A. 10752)? protection of the general welfare. Such an act will
R.A. 10752 states that if the property owner not militate against the impairment clause, which
declines the offer for a negotiated sale, the is subject to and limited by the paramount police
Implementing Agency shall initiate an power. (Chavez v. Comelec. G.R. No. 162777,
expropriation proceeding, Upon the filing of the August 31, 2004).
complaint for expropriation or anytime thereafter,
the agency shall immediately deposit to the court
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N. LEGAL ASSISTANCE AND FREE 1. Any person under investigation for the
ACCESS TO COURTS commission of an offense shall have the right
to be informed of his right to remain silent and
Q: What is the essence of this provision? to have competent and independent counsel
A: Free access to the courts and quasi-judicial preferably of his own choice. If the person
bodies and adequate legal assistance shall not cannot afford the services of counsel, he must
be denied to any person by reason of poverty. be provided with one. These rights cannot be
(Phil. Const., art. 3, § 11). waived except in writing and in the presence
of counsel.
Indigent litigants: 2. No torture, force, violence, threat,
1. Whose gross income and that of their intimidation, or any other means which vitiate
immediate family do not exceed P4,000.00 the free will shall be used against him. Secret
pesos a month if residing in Metro Manila, and detention places, solitary, incommunicado, or
P3,000.00 pesos a month if residing outside other similar forms of detention are
Metro Manila, and prohibited.
2. Who do not own real property with an 3. Any confession or admission obtained in
assessed value of more P50,000.00 shall be violation of this or Section 17 hereof shall be
exempt from the payment of legal fees (Sec. inadmissible in evidence against him.
19, Rule 141, Rules of Court). 4. The law shall provide for penal and civil
sanctions for violations of this section as well
O. RIGHTS OF SUSPECTS as compensation to and rehabilitation of
victims of torture or similar practices, and their
Q: When are the Miranda Rights available? families. (Phil. Const., art. 3, § 12).
When Available: When Not Available:
Rights of persons under custodial
• After a person • During a police investigation or Miranda Rights (SCIP)
has been taken line-up 1. The right to remain Silent — Unlike Section
into custody; 17 where the absolute right to remain silent is
• When a person EXCEPTIONS: available to an accused, Section 12 gives a
is deprived of 1. Once admissions person under investigation the right to refuse
or confessions are to answer any question.
his freedom of
action in any sought to be 2. The right to Competent and independent
significant way; elicited from the counsel, preferably of his own choice — Right
suspect; to independent counsel is to ensure an
• When a person
2. During impartial lawyer to inform the accused of his
is merely
administrative rights, as against experiences during the
“invited" for
investigations; Marcos regime (Bernas, the 1987 Philippine
questioning
3. Confessions Constitution: A Comprehensive Reviewer,
(R.A. No.
made by an 2009). When is one not an independent
7438);
accused at the counsel? — Special counsel, public or private
• The
time he voluntarily prosecutor, counsel of the police, municipal
investigation is
surrendered to the attorney, mayor, barangay captain, and any
being
police or outside other whose interested may be adverse to
conducted by
the context of a accused (Bernas, the 1987 Philippine
the gov’t with
formal Constitution: A Comprehensive Reviewer,
respect to a
1 investigation; 2009).
criminal offense
4. Statements made 3. Right to be Informed of these rights —
(police, DOJ,
i to a private Contemplates the transmission of meaningful
NBI);
person. information rather than just the ceremonial
and perfunctory recitation of an abstract
constitutional principle. (People v. Rojas,
G.R. Nos. L-46960-62, 1987).
RIGHTS OF SUSPECTS UNDER CUSTODIAL
4. Right to be Provided with the services of
INVESTIGATION
counsel if he cannot afford the services of
one. (People v. Reyes, 581 SCRA 691,
Q: What are the rights of suspects when they
2009).
are under custodial investigation?
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P. RIGHTS OF THE ACCUSED the PMA v. The Superintendent of PMA, G.R. No.
211362, 2015).
Q: What are the constitutional rights of the
accused? (PITCHES MACA) Q: Do all persons have the right to bail?
1. PRESUMPTION of innocence GENERAL RULE: All persons actually detained
2. Right to be INFORMED of nature and cause shall, before conviction be entitled to bail.
of accusation against him
3. Right to TESTIFY as a witness in his own EXCEPTIONS:
behalf 1. Persons charged with offenses punishable by
4. Right to COMPULSORY process to secure RECLUSION PERPETUA, LIFE
attendance of witnesses and production of IMPRISONMENT and DEATH, when
evidence EVIDENCE of guilt is STRONG (Section 3 of
5. Right to be HEARD by himself and counsel Rule 114 of the Rules on Criminal Procedure).
6. Right to be EXEMPT from being compelled to 2. Persons who are members of the AFP facing
be a witness against himself a court martial. (Comendador vs. De Villa,
7. Right to SPEEDY, impartial and public trial G.R. No. 93177, 1991).
8. Right to MEET witness face to face 3. If convicted by the trial court, bail is only
9. Trial in ABSENTIA - mandated only after discretionary pending appeal. (Section 5 of
arraignment and absence unjustified Rule 114 of the Rules on Criminal Procedure).
10. CRIMINAL due process:
a. Accused to be heard in court of competent Q: Can a bail be granted in extradition
jurisdiction proceedings?
b. Accused proceeded against under orderly If bail can be granted in deportation cases, there
processes of law is no justification why it should not also be
c. Accused given notice and opportunity to be allowed in extradition cases. After all, both are
heard administrative proceedings where the innocence
d. Judgment rendered was within authority of or guilt of the person detained is not in issue.
a constitutional law (Government of Hong Kong v. OlaliaJr., G.R. No.
11. To APPEAL in all cases allowed and in the 153675, 2007).
manner prescribed by law (Sec. 14, Art. Ill,
PHIL. CONST.) Q: When can bail be granted to a prospective
extradite?
Q: What are the rights of an accused under 1. Upon a clear and convincing showing that
investigation? he/she will not be a flight risk or a danger to
1. Right to be informed of his: the community.
a. Right to remain silent and 2. That there exist special, humanitarian,
b. To have competent and independent compelling circumstances. (Government of
counsel preferably of his own choice the United States vs. Purganan, G.R. No.
2. If the person cannot afford the services of 148571, 2002)
counsel, he must be provided with one.
RIGHT TO SPEEDY DISPOSITION OF CASES
NOTE: These rights cannot be waived except in
writing and in the presence of counsel. (Sec. 12, Q: What does this right guarantee?
Art. Ill, PHIL. CONST.) All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi
Q: Does the right to be assisted by counsel judicial, or administrative bodies. (Phil. Const.,
extend to administrative proceedings? art. 3, § 16).
There is nothing in the 1987 Constitution stating
that a party in a non-litigation proceeding is
Speedy disposition of cases is a relative term and
entitled to be represented by counsel. A party in
must necessarily be a flexible concept. Factors to
an administrative inquiry may or may not be
consider are: length of delay, reason for delay,
assisted by counsel, irrespective of the nature of
assertion of the right or failure to assert it, and
the charges and of the respondent's capacity to
prejudice caused by delay. (Caballero v. Alfonso,
represent himself. Hence, the administrative
Jr., 153 SCRA 153, 1987).
body is under no duty to provide the person with
counsel. (First Class Cadet Aldrin Jeff P. Cudia of
Q: Differentiate the right to a speedy trial and
the right to speedy disposition of cases.
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as to inflict punishment on them without judicial propriety of petitioners’ entry into the property.
trial. (Cummings v. Missouri, 4 Wall 277, 323 US, (P/Supt. Felixberto Castillo, et. al. vs. Dr. Amanda
1867) T. Cruz, et. al., G.R. No. 182165, 2009).
Q: What are the elements of a Bill of Q: Does the writ of amparo cover threats to
Attainder? property?
The following: No. To be entitled to a writ of amparo, petitioners
1. There must be a Law must prove that their rights to life, liberty and
2. The law Imposes a penal burden security are being violated or threatened by an
3. On a Named individual or easily ascertainable unlawful act or omission. An allegation that
members of a group barangay tanods raided their farm to look for
4. The penal burden is imposed directly by the marijuana and that they anticipated the possibility
law Without judicial trial. (Bernas, The 1987 of harassment cases, false accusation and
Philippine Constitution: A Comprehensive violence is not sufficient bases for a grant of the
Reviewer, 2011) privilege of the writ. The intrusion into their farm
was merely a violation of property rights. (Pador
WRIT OF HABEAS CORPUS v. Arcayan, G.R. No. 183460, 2013).
Q: What are the limitations to the writ of Q: What is the Writ of Habeas Data?
habeas corpus? The writ of habeas data is a remedy available to
any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful
EXTENDS TO DOES NOT EXTEND act or omission of a public official or employee, or
TO of a private individual or entity engaged in the
gathering, collecting, or storing of data or
All cases of illegal Questions of
information regarding the person, family, home
confinement or conditions of
and correspondence of the aggrieved party.
detention by which any confinement; but only
(Sec.1)
person is deprived of to the fact and duration
his liberty, or by which of confinement.
Q: What is the Writ of Kalikasan?
the rightful custody of
The writ is a remedy available to a natural or
any person is withheld It is not a means for the
juridical person, entity authorized by law, people’s
from the person redress of grievances
organization, non-governmental organization, or
entitled to it. or to seek injunctive
any public interest group accredited by or
relief or damages. (In
registered with any government agency, on
It’s essential is to re: Major Aquino, G.R.
behalf of persons whose constitutional right to a
inquire into all manner 174994, August 31,
balanced and healthful ecology is violated, or
of involuntary restraint 2007).
threatened with violation by an unlawful act or
and to relieve a person
omission of a public official or employee, or
from it if such restraint
private individual or entity, involving
is illegal.
environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants
R. WRITS OF AMPARO, HABEAS DATA, in two or more cities or provinces. (A.M. No. 09-
AND KALIKASAN 06-08-SC Section 1, Rule 7).
C. NATURALIZATION AND
DENATURALIZATION D. DUAL CITIZENSHIP AND DUAL
ALLEGIANCE
Q: What are the grounds for denaturalization:
1. Naturalization certificate obtained Q: Differentiate between Dual Citizenship and
fraudulently or illegally Dual Allegiance
2. If within 5 years, he returns to his native
country or to some foreign country and Dual Citizenship Dual Allegiance
establishes residence there
Provided: A one-year stay in the native Arises when, as a Refers to the situation
country or two-year stay in a foreign country result of concurrent in which a person
shall be prima facie evidence of intent to application of the simultaneously owes,
take up residence in the same. different laws of two or by some positive
3. Petition was made on an invalid declaration more states, a person voluntary act, joyalty to
of intention is simultaneously two or more states
4. Minor children failed to graduate through the considered a national
fault of the parents either by neglecting to by those other states;
support them or by transferring them to
Involuntary Voluntary
another school.
5. Allowed himself to be used as a dummy (Mercado v. Manzano, G.R. No. 135083, 1999).
6. Conviction of perjury and rape (In Re: Guy
v. Guy, G.R. No. L-41399, 1982) E. LOSS AND RE-ACQUISITION OF
PHILIPPINE CITIZENSHIP
Ground affects the Ground was
Q: How is citizenship lost?
intrinsic validity of the personal to the
1. Cancellation of certificates of naturalization (In
proceedings denaturalized
Re: Guy v. Guy, G.R. No. L-41399, July 20,
Filipino
-----------------------------------1 1982)
The denaturalization Wife and children 2. Naturalization in a foreign country
shall divest the wife and shall retain their XPN: Take oath under §3, RA 9225.
children of their Philippine citizenship. 3. Being a deserter of the armed forces of one’s
derivative naturalization. country
4. Serving in the armed forces of an enemy
country
5. when there is express renunciation of Filipino
Q: Differentiate the modes of Naturalization
citizenship
6. Seeking public office in a foreign country.
(Sec. 5, RA 9225)
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for public office. In which case, the individual F. DISABILITIES AND INHIBITIONS OF
must possess these qualities at the time of PUBLIC OFFICERS
appointment or election and continuously for
as long as the official relationship continues; Q: What are the general disqualifications of
or public officers?
2. It may refer to the act of entering into the 1. No candidate who lost in an election shall,
performance of the functions of a public within one year after such election, be
office. (Nachura Law Notes on Law on Public appointed to any office in Government. (Phil.
Officers). Const, art. IX-B, §VI)
2. No elective official shall be eligible for
Q: What are qualifications in the sense of the appointment or designation in any capacity to
act of entering into the performance of the any public office or position during his tenure.
functions of a public office? (Phil. Const., art. IX-B, § 7(1))
It means that failure of an officer to perform an act 3. Unless otherwise provided by law or by the
required by law can affect the officer’s title to the primary functions of his position, no appointive
given office. official shall hold any other position in
Government. (Phil. Const., art. IX-B, § 7(2))
Prolonged failure or refusal to take the office
could result in forfeiture of office. (Masadao Jr. v. Q: What are the special disqualifications of
Glorioso, A.M. No. P-26-1207, 1997). public officers?
1. The President, Vice-President, the Members
An oath of office taken before a person who has of the Cabinet, and their deputies or assistants
no authority to administer oath is no oath at all. shall not, unless otherwise provided in the
Constitution, hold any other office or
employment during their tenure. (Phil. Const,
Once proclaimed and duly sworn in office, a art. VIII, §13)
public officer is entitled to assume office and to 2. No Senator or Member of the House of
exercise the functions thereof. The pendency of Representatives may hold any other office or
an election protest is not sufficient basis to enjoin employment in the Government, or any
him from assuming office. (Mendoza v. Laxina, Jr. subdivision, agency or instrumentality thereof,
G.R. No. 146875, 2003).
including government-owned or controlled
corporations or their subsidiaries, during his
Q: Who are required to give an official bond term, without forfeiting his seat. Neither shall
before qualifying for a public office? he be appointed to any office which may have
Only accountable public officers or those who are been created or the emoluments thereof
entrusted with the collection and custody of public increase during the term for which he was
money, and public ministerial officers whose elected. (Phil. Const, art. VI, § 13)
actions may affect the rights and interests of 3. The Members of the Supreme Court and of
individuals. (F. Mechem, A Treatise on the Law of other courts established by law shall not be
Public Offices and Officers, 165, 1980). designated to any agency performing quasi
judicial or administrative functions. (Phil.
Q: What is the liability of an officer who Const, art. VIII, § 12)
misrepresented his or her qualification, e.g. 4. No Member of a Constitutional Commission
educational attainment and eligibility for shall, during his tenure, hold any other office
government service? or employment. (Phil. Const, art. IX-A, § 2)
The employee is guilty of plain and simple The same disqualification applies to the
dishonesty as it refers to the act of intentionally Ombudsman and his deputies. (Phil. Const,
making a false statement on any material fact in art. XI, § 8)
securing one’s appointment. (Momongan v. 5. The Ombudsman and his Deputies shall not
Sumayo, A.M. No. P-10-2767, 2011) be qualified to run for any office in the election
immediately succeeding their cessation from
Q: What is required of all public officers and office. (Phil. Const, art. XI, §11)
employees based on the Constitution? 6. Members of Constitutional Commissions, the
All public officers and employees shall take an Ombudsman and his deputies must not have
oath or affirmation to uphold and defend the been Candidates for any elective position in
Constitution. (Phil. Const., art. IX-B, § 4) the elections immediately preceding their
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Q: What is the rule regarding errors in the 1. Right to Office, just and legal claim to
Statements of Assets, Liabilities and Net exercise powers and responsibilities of public
Worth (SALN)? office.
Section 10 of R.A. 6713 provides that when the 2. Right to Wages
head of office finds the SALN of a subordinate 3. Right to Preference in Promotion, subject to
incomplete or not in the proper form, such head the discretion of the appointing authority
of office must call the subordinate’s attention to 4. Right to Vacation and Lick leave
such omission and give him the chance to rectify 5. Right to Maternity Leave
the same. However, there is no right to notice 6. Right to Retirement Pay
regarding errors in his SALN and to be told to 7. Other rights:
correct the same. The notice and correction a. Right to reimbursement for expenses
referred to in Section 10 are intended merely to incurred in due performance of duty
ensure that SALNs are “submitted on time, are (does not include transportation
complete, and are in proper form.” These refer to allowance for those using government
formal defects in the SALN and do not include vehicles)
charges for falsification of the assets and for b. Right to be indemnified against
declaring a false net worth because these are liabilities they may incur in bona fide
substantive, not formal defects. (Carabeo v. discharge of duties
Sandiganbayan, G.R. No. 190580-81, 2011). c. Right to longevity pay
Q: Who are required to file SALN? (VAPOS- Q: What is the hold-over principle?
C3) It is the principle which provides that even though
1. President a public officer’s term has expired or his services
2. Vice-President terminated, he should continue holding his office
3. Members of the Cabinet until his successor is appointed or chosen and
4. Members of Congress had qualified. (Topacio Nueno v. Angeles, 76
5. Justices of the Supreme Court Phil. 12, 1946).
6. Members of Constitutional Commissions
7. Other constitutional offices I. LIABILITIES OF PUBLIC OFFICERS
8. Officers of the Armed Forces with general or
flag rank 1. Preventive suspension and back salaries
Q: What are the rights of public officers? Q: What is preventive suspension pending
investigation?
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Q: May the Ombudsman place a public officer Q: When is demotion not proper?
under preventive suspension? Demotion to a lower rate of compensation is also
Yes. There is no dispute as to the power of the equivalent to removal if no cause is shown for it
Ombudsman to place a public officer charged when it is not part of any disciplinary action.
with an administrative offense under preventive (Floreza v. Ongpin, G.R. No. 81356, 1990).
suspension. That power is clearly confined under Q: Is proof of damage required for one to be
Section 24 of R.A. No. 6770. administratively liable?
No. Proof of damage or actual injury is not
The law sets forth 2 conditions that must be required for administrative liability to attach to a
satisfied to justify the issuance of an order of public officer. It is enough that the act was
preventive suspension pending an investigation: contrary to the established norms of conduct for
1. The evidence of guilt is strong; and government service. However, an employee of
2. Either of the following circumstances co-exists GSIS who altered IP addresses without authority,
with the first requirement: not in the performance of his duties, will not be
a. The charge involves dishonesty, guilty of grave misconduct but conduct prejudicial
oppression or grave misconduct or neglect to the best interest of service. To constitute
in the performance of duty; misconduct, the act or acts must have a direct
b. The charge would warrant removal from relation to and be connected with the
the service; or performance of official duties. (GSIS v.
c. The respondent’s continued stay in office Mayordomo, G.R. No. 191218, 2011)
may prejudice the case filed against him.
(Ombudsman v. Valeroso, G.R. No. Q: What is reinstatement?
167828, 2007) It is the restoration to a state or condition from
which one had been removed or separated. One
Q: Is prior notice and hearing required before who is reinstated assumes the position he had
an officer may be placed under preventive occupied prior to the dismissal and is, as an
suspension? ordinary rule, entitled only to the last salary in that
No. Settled is the rule that prior notice and position. (Judy Philippines, Inc. v. NLRC, G.R.
hearing are not required in the issuance of a No. 111934, 1998; People v. Macalino, G.R. No.
preventive suspension order. (Carabeo v. CA, 79387, 1989).
r-» m a 7nnnn i a -7nnnA aaaa\
(j . R . N u z . i / o uvuguiu t fouuo, ^uuv)2
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questioned the order for being However, where there is no de jure public officer,
unconstitutional and filed a case against the officer de facto, who in good faith has had
Secretary Chua to restrain him from enforcing possession of the office and has discharged the
the order. Secretary Chua raised state duties pertaining thereto, is legally entitled to the
immunity from suit claiming that the state emoluments of the office, and may, in an
cannot be sued without its consent. Is the appropriate action, recover the salary, fees and
claim correct? other compensation attached to the office. (Civil
No, public officers may be sued to restrain them Liberties Union v. Executive Secretary, G.R. No.
from enforcing an act claimed to be 83896, 1991).
unconstitutional.
Q: A person who occupies an office that is
Q: If a public officer has already resigned, defectively created is a de facto officer. True
should the administrative complaint filed or False.
against her be dismissed? False. For him to be a de facto officer, the office
Cessation from office by virtue of her intervening must be validly created. (Tuanda v.
resignation did not warrant the dismissal of the Sandiganbayan, G.R. No. 110544, 1995)
administrative complaint against her, for the act
complained of had been committed when she Q: Van sought to disqualify Manresa as
was still in the service. (Concerned Citizen v. congresswoman of the third district of Manila
Catena, A.M. OCA IPI No. 02-1321-P, 2013) on the ground that the latter is a green card
holder. By the time the case was decided
J. DE FACTO OFFICERS against Manresa, she had already served her
full term as congresswoman. What was
Q: What is a de facto officer? Manresa's status during her incumbency as
A de facto officer is one who derives his congresswoman?
appointment from one having colorable authority She was a de facto officer since she was elected
to appoint, if the office is an appointive office, and and she served, and her disqualification only
whose appointment is valid on its face. He may came later. (Sampayan v. Daza, G.R. No.
also be one who is in possession of an office, and 103903, 1992).
is discharging its duties under color of authority,
by which is meant authority derived from an K. TERMINATION OF OFFICIAL RELATION
appointment, however irregular or informal, so
that the incumbent is not a mere volunteer. (Puna Q: What are the causes for termination of
v. Agra, G.R. No. 191644, 2013). official relations? (TAD PAIR CAIRR)
thereof. There are, therefore, two essential surrender, renounce and relinquish the
elements of abandonment: first, an office, and its acceptance by competent
intention to abandon and second, an overt and lawful authority. Verily, a "courtesy
or “external" act by which the intention is resignation” cannot properly be interpreted
carried into effect. as resignation in the legal sense for it is not
necessarily a reflection of a public official's
Generally speaking, a person holding a intention to surrender his position. Rather,
public office may abandon such office by it manifests his submission to the will of the
nonuser or acquiescence. Non-user refers political authority and the appointing
to a neglect to use a right or privilege or to power. (Ortiz v. COMELEC, G.R. No.
exercise an office. However, 78957, 1988)
nonperformance of the duties of an office
does not constitute abandonment where 3. ACTS OF THE GOVERNMENT OR PEOPLE:
such nonperformance results from a. Conviction of a crime - termination results
temporary disability or from involuntary when the penalties of perpetual or
failure to perform. Abandonment may also temporary absolute disqualification or
result from an acquiescence by the officer penalties of perpetual or temporary special
in his wrongful removal or discharge, for disqualification are imposed upon
instance, after a summary removal, an conviction by final judgment in a trial court
unreasonable delay by an officer illegally b. Abolition of office
removed in taking steps to vindicate his c. Impeachment - way of removing the
rights may constitute an abandonment of President, Vice President, Members of the
the office. (Canonizado v. Aguirre, G.R. Supreme Court and the Constitutional
No. 133132, 2001) Commissions and the Ombudsman
d. Removal - ouster of the incumbent before
c. Acceptance of an Incompatible office - It is the expiration of his/her term
a well settled rule that he who, while e. Recall - refers to the election itself by
occupying one office, accepts another means of which voters decide whether they
incompatible with the first, ipso facto should retain their local official or elect
vacates the first office and his title is replacement. The ground for recall is “loss
thereby terminated without any other act or of confidence.”
proceeding. Public policy considerations Q: What is the relationship between
dictate against allowing the same administrative liability and criminal liability?
individual to perform inconsistent and It is a fundamental principle in the law on public
incompatible duties. The incompatibility officers that administrative liability is separate
contemplated is not the mere physical from and independent of criminal liability. A
impossibility of one person’s performing simple act or omission can give rise to criminal,
the duties of the two offices due to a lack civil or administrative liability, each independently
of time or the inability to be in two places at of the others. This is known as the “threefold
the same moment, but that which proceeds liability rule.” Thus, absolution from a criminal
from the nature and relations of the two charge is not a bar to an administrative
positions to each other as to give rise to prosecution, and vice versa. The dismissal of the
contrariety and antagonism should one administrative cases against the petitioners will
person attempt to faithfully and impartially not necessarily result in the dismissal of the
discharge the duties of one toward the criminal complaints filed against them. (Regidor,
incumbent of the other. (Canonizado v. Jr. vs. People, G.R. No. 166086-92, 2009)
Aguirre, G.R. No. 133132, 2001)
Q: Anton was the duly elected Mayor of
d. Resignation - formal renunciation or Tunawi in the local elections of 2004. He got
relinquishment of office. To constitute a 51% of all the votes cast. Fourteen months
complete and operative act of resignation, later, Victoria, who also ran for mayor, filed
the officer or employee must show a clear with the Local Election Registrar, a petition
intention to relinquish or surrender his for recall against Anton. The COMELEC
position accompanied by the act of approved the petition and set a date for its
relinquishment. Resignation implies an signing by other qualified voters in order to
expression of the incumbent in some form, garner at least 25% of the total number of
express or implied, of the intention to registered voters or total number of those
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who actually voted during the local election in • Subject to appointing authority’s
2005, whichever is lower. Anton attacked the pleasure
COMELEC resolution for being invalid. Do • Limited to the duration of a particular
you agree with Anton? project (P.D. No 807, Art. 4, Sec. 6).
Yes, the petition should be initiated by at least 3. They, however, enjoy constitutional guarantee
25% of the total number of registered voters of that they cannot be removed, except for cause
Tunawi. (See, Republic Act 7160, Sec. 70) and after due hearing. (P.D. No 807, Sec. 36).
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impeachment or over Members of Congress, and a. Officials of the executive branch occupying
the Judiciary. (R.A. 6770, Sec. 21) the positions of regional director and
higher, otherwise classified as
Q: Where does one appeal decisions of the Grade 27 and higher, of the Compensation
Ombudsman? and Position Classification Act of
It depends. 1989 (R.A. No. 6758),
1. Administrative disciplinary cases b. Members of Congress and officials thereof
a. GR: Rule 43, CA (Fabian v. Desierto, G.R. classified as Grade ’27’ and higher under
No. 129742, 16 September 16, 1998) the Compensation and Position
b. XPN: (i) Absolved or (ii) Convicted but Classification Act of 1989;
penalty imposed is public censure or c. Members of the judiciary without prejudice
reprimand, suspension of not more than to the provisions of the Constitution;
one month, or fine equivalent to one-month d. Chairmen and members of the
salary. (Dagan v. Ombudsman, G.R. No. Constitutional Commissions, without
184083, November 19, 2013) prejudice to the provisions of the
2. Criminal cases - Rule 65, SC ( Tirol v. Constitution; and
Sandiganbayan, G.R. No. 135913, November e. All other national and local officials
4, 1999) classified as Grade ’27’ and higher under
3. Consolidated administrative and criminal the Compensation and Position
cases - Rule 43, CA OR Rule 65, SC. (Cortes Classification Act of 1989.
. v. Ombudsman, G.R. No. 187896-97, June 3. Other offenses or felonies whether simple or
10, 2013) complexed with other crimes committed by the
public officials and employees mentioned in
subsection a. of this section in relation to their
Q: When may the Office of the Special
office.
Prosecutor file an information against a
4. Civil and criminal cases filed pursuant to and in
public officer for graft?
connection with Executive Order Nos. 1,2, 14
The Office of the Special Prosecutor may file an
and 14-A, issued in 1986. (R.A. No. 10660,
information against a public officer for graft only
Sec. 2)
when authorized by the Ombudsman. (Uy v.
Sandiganbayan, G.R. No. 105965-70, 2001).
Q: Who has control over cases falling within
the jurisdiction of the Sandiganbayan?
Q: What is the jurisdiction of the
While it is the Ombudsman who has the full
Sandiganbayan?
discretion to determine whether or not a criminal
It is Sandiganbayan which has jurisdiction over
case should be filed in the Sandiganbayan, once
appeals from criminal cases where the accused
the case has been filed with said court, it is the
is a government employee. Pursuant to RA 8249,
Sandiganbayan, and no longer the Ombudsman,
the Sandiganbayan shall exercise exclusive
which has full control of the case so much so that
appellate jurisdiction over final judgments,
the Information may not be dismissed without the
resolutions or orders of regional trial courts
approval of said court. In this case, the
whether in the exercise of their own original
Sandiganbayan, ordered the Special Prosecutor
jurisdiction or of their appellate jurisdiction as
to conduct a reinvestigation and subsequently
herein provided. (Filomena v. People, G.R. No.
granted his motion to withdraw the informations,
188630,2011)
after finding no probable cause against the latter
on reinvestigation. The Sandiganbayan thus
The Sandiganbayan shall exercise exclusive gave its approval to the withdrawal of the
original jurisdiction in all cases involving: informations and ordered the dismissal of the
1. Violations of cases. Since no appeal was taken by the Special
a. R.A. 3019 (Anti-Graft and Corrupt Prosecutor from the order of dismissal within the
Practices Act reglementary period, the same had become final
b. R.A. 1379 (Forfeiture of Ill-Gotten Wealth and executory. (City Government of Tuguegarao
Act) v. Ting, G.R. Nos. 192435-36, 2011)
c. Chap.2, S e c . 2, Title VII, Book II, RPC
2. Where o n e o r more of the accused are
officials, w h e t h e r i n a permanent, acting or Q: Who shall act as prosecutor in cases
before the Sandiganbayan?
interim c a p a c i t y , a t the time of the commission
In all cases elevated to the Sandiganbayan and
of the offense:
from the Sandiganbayan to the Supreme. Court,
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the Office of the Ombudsman, through its special (Lecaros v. Sandiganbayan, G.R. No. 130872),
prosecutor, shall represent the People of the 1999)
Philippines, except in cases filed pursuant to
Executive Order Nos. 1,2,14 and 14-A. A private Q: Does voluntary renunciation interrupt a
complainant in a criminal case before the public officer’s term?
Sandiganbayan is allowed to appeal only the civil No. Voluntary renunciation, while involving loss of
aspect of the criminal case after its dismissal by office and the total incapacity to render service, is
said court. (City Government of Tuguegarao v. disallowed by the Constitution as an effective
Ting, G.R. Nos. 192435-36, 2011) interruption of a term. It is therefore not allowed
as a mode of circumventing the three-term limit
Q: When may ill-gotten wealth be rule. Preventive suspension, by its nature, does
sequestered? not involve an effective interruption of a term and
Sec. 26, Art. 18 of the Constitution states that an should therefore not be a reason to avoid the
order of sequestration may only issue upon a three-term limitation. (Aldovino v. COMELEC,
showing of a prima facie case that the properties G.R. No. 184836, 2009)
are ill-gotten wealth under Executive Orders 1
and 2. When a court nullifies an order of Q: Alfredo was elected municipal mayor for
sequestration for having been issued without a three consecutive terms. During his third
prima facie case, the Court does not substitute its term, the municipality became a city. Alfredo
judgment for that of the PCGG but simply applies ran for city mayor during the next immediately
the law. (Republic of the Philippines v. succeeding election. Voltaire sought his
Sandiganbayan and Imelda Marcos, G.R. No. disqualification citing the three-term limit for
155832, 2010) elective officials. Will Voltaire's action
prosper?
Q: Does the PCGG have the power to grant Yes, the three-term limit uniformly applies to the
immunity to witnesses? office of mayor, whether for city or municipality.
Yes. The scope of immunity that the PCGG may (Abundo v. Comelec, G.R. No 201716, 2013).
offer to witnesses may vary. It has discretion to
grant appropriate levels of criminal immunity Q: Adela served as Mayor of Kasim for 2
depending on the situation of the witness and his consecutive terms. On her third term,
relative importance to the prosecution of ill-gotten COMELEC ousted her in an election protest
wealth cases. The immunity from criminal or civil that Gudi, her opponent, filed against her.
prosecution covers immunity from giving Two years later, Gudi faced recall
evidence in a case before a court of law, because proceedings and Adela ran in the recall
in reality the guarantee given to a witness against election against him. Adela won and served
being compelled to testify constitutes a grant of as Mayor for Gudi's remaining term. Can
immunity from civil or criminal Adela run again for Mayor in the next
prosecution. (Disini v. Sandiganbayan, G.R. No. succeeding election without violating the 3-
180564, 2010) term limit?
N. TERM LIMITS Yes, her ouster from office in her third term
interrupted the continuity of her service as mayor.
Q: How does the holdover principle affect
term?
The concept of holdover when applied to a public
officer implies that the office has a fixed term and ADMINISTRATIVE LAW
the incumbent is holding onto the succeeding
term. It is usually provided by law that officers
elected or appointed for a fixed term shall remain A. GENERAL PRINCIPLES
in office not only for that term but until their B. ADMINISTRATIVE AGENCIES
successors have been elected and qualified. 1. DEFINITION
Where this provision is found, the office does not 1. MANNER OF CREATION
become vacant upon the expiration of the term if 2. KINDS
there is no successor elected and qualified to
assume it, but the present incumbent will carry C. POWERS OF ADMINISTRATIVE
over until his successor is elected and qualified, . AGENCIES
even though it be beyond the term fixed by law.
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evidence. (Valasquez v. CA, G.R. No. 150732, 1. Citizenship cases (Zita Ngo Burca v.
2004) Republic, G.R. No. 122226, 1998 & United
Pepsi Cola v. Laguesma, G.R. No. L-24252,
Q: What are the rights of persons in 1973)
administrative proceedings.? (HIP DESK) 2. When WCC Referee awards the employee
1. The RIGHT TO A HEARING, which includes less than what the law provides (BF Goodrich
the right to present one’s case and submit v. WCC, G.R. No. L-42319,1978)
evidence in support thereof.
2. The tribunal or body or any of its judges must
3. FACT FINDING, INVESTIGATIVE,
act on its or his own INDEPENDENT
LICENSING AND RATE-FIXING POWERS
CONSIDERATION of the law and facts of the
controversy, and not simply accept the views
of a subordinate in arriving at a decision. Q: What are the requisites for penal laws to be
3. The decision must be based on the valid? (PFPO)
EVIDENCE PRESENTED at the hearing or at 1. The law which authorizes the promulgation of
least contained in the record and disclosed to rules and regulations must itself provide for
the parties affected. the imposition of a penalty for their violation;
4. The DECISION must have something to 2. The law must fix or define such penalty;
support itself. 3. The violation for which the rules and
5. The tribunal must CONSIDER THE regulations impose a penalty must be
EVIDENCE presented. punishable under the law itself; and
6. Evidence supporting the conclusion must be 4. The rules and regulations must be published
SUBSTANTIAL. in the Official Gazette or newspaper of general
7. The board or body should, in all controversial circulation and archived at the UP Law Center.
questions, render its decision in such a
manner that the parties to the proceeding can Q: Must all rules and regulations be filed with
KNOW the various ISSUES involved and the the UP Law Center?
REASONS for the decision rendered. (Ang No. Not all rules and regulations adopted by
Tibay v. CIR, G.R. No. L-46496, 1940) every government agency are to be filed with the
UP Law Center. Only those of general or of
b. Administrative appeal and review permanent character are to be filed. Internal rules
which are meant to regulate the personnel of the
Q: How do you appeal Adminstrative Actions? GSIS are not subject to this rule. (Board of
Appeal may be taken from the final decision of the Trustees v. Velasco, G.R. No. 17046, 2011)
Agency to the Department Head within 15 days Q: What is investigatory power?
after the receipt of the copy of the decision. The Investigatory power is the power to inspect,
appeal’s effect shall stay the decision appealed secure, or require the disclosure of information by
unless the appellate agency provides otherwise. means of accounts, records, reports, statements
and testimony of witnesses. This power is implied
c. Administrative res judicata and not inherent in administrative agencies. (Sec
of Justice v. Lantion, G.R. No. 139465, 2000).
Q: Give an example of the application of
administrative res judicata. D. JUDICIAL RECOURSE AND REVIEW
The principle of res judicata is applicable in labor 1. DOCTRINE OF PRIMARY
relations proceedings which are “non-litigious ADMINISTRATIVE JURISDICTION
and summary in nature without regard to legal 2. DOCTRINE OF EXHAUSTION OF
technicalities obtaining in courts of law.” (Rules ADMINISTRATIVE REMEDIES
and Regulations Implementing the Labor Code, 3. DOCTRINE OF FINALITY OF
Sec. 5, Rule XIII, Book V) That in which the ADMINISTRATIVE ACTION
statute makes or attempts to make a court a part
of the administrative scheme by providing in Q: What is the doctrine of primary
terms or effect that the court, on review of the administrative jurisdiction?
action of an administrative agency. 1. Courts cannot determine a controversy,
which requires the expertise, specialized
Q: When is res judicata not applicable? skills and knowledge of the proper
It is not applicable in: administrative bodies because technical
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matters of intricate questions of fact are 12. Where the officer acted in utter DISREGARD
involved. OF DUE PROCESS
2. Relief must first be obtained in an 13. When there is NO OTHER plain, speedy,
administrative proceeding before a remedy adequate REMEDY
will be supplied by the court, even if the 14. When act complained of is PATENTLY
matter is within the jurisdiction of a court. ILLEGAL
(Republic of the Philippines v. Martinez, G.R. 15. When the administrative body or the person
No. 158253, 2007). invoking the doctrine is in ESTOPPEL
16. When there is long-continued and
Q: When is the doctrine of primary UNREASONABLE DELAY
administrative jurisdiction not applicable? 17. When the subject of controversy is PRIVATE
1. Congress does not intend that the issues be LAND
left solely to the administrative agency for 18. When the controversy involves
initial determination; POSSESSORY ACTION involving public
2. When issues involve questions of law; and lands
3. When courts and administrative agencies 19. When the claim involved is SMALL so that to
have concurrent jurisdiction. (Republic of the require exhaustion would be oppressive and
Philippines v. Martinez, G.R. No. 158253, unreasonable
2007). 20. In QUO WARRANTO proceedings
Q: What is the doctrine of exhaustion of Q: Jax Liner applied for a public utility bus
administrative remedies? service from Bacolod to Dumaguete from the
It is the general rule that an administrative Land Transportation Franchising and
' decision must first be appealed to the Regulatory Board (LTFRB). BB Express
administrative superiors up to the highest level opposed. LTFRB ruled in favor of Jax. BB
before it may be elevated to a court of justice for appealed to the Secretary of the Department
review. It is a condition precedent that must be of Transportation and Communication
complied with. (Sps. Sadang v. CA, G.R. No. (DOTC), who reversed the LTFRB decision.
140138, 2006). Jax appealed to the Office of the President
which reinstated the LTFRB’s ruling. BB
Q: When is the doctrine of exhaustion of Express went to the Court of Appeals on
certiorari questioning the decision of the
administrative remedies not applicable?
(DARNN JP LICD DRIED LPS Quo) Office of the President on the ground that
Office of the President has no jurisdiction
1. If it should appear that an IRREPARABLE
over the case in the absence of any law
DAMAGE will be suffered by a party unless
providing an appeal from DOTC to the Office
resort to the court is immediately made.
of the President. Will the petition prosper?
2. When the respondent is the ALTER EGO of
No, the action of the DOTC Secretary bears only
the President
the implied approval of the President who is not
3. When no administrative REVIEW is provided
precluded from reviewing the decision of the
as a condition precedent for court action
former. (Land Car Inc. v. Bachelor Express, G.R.
4. Where insistence on its observance would
result in the NULLIFICATION of the claim No. 154377, 2003).
asserted
5. When there was NO DECISION rendered Q: What is the doctrine of finality of
6. When there are special circumstances administrative action?
demanding immediate JUDICIAL It provides that courts are reluctant to interfere
INTERVENTION with actions of an administrative agency prior to
7. When the administrative remedy is its completion or finality. Absent a final order or
PERMISSIVE or concurrent decision, power has not been fully and finally
8. When the question raised is ESSENTIALLY exercised, and there can usually be no
AND PURELY LEGAL irreparable harm. (Mendiola v. CSC, G.R. No.
9. When strong PUBLIC INTEREST is involved 100671, 1993).
10. Where the issue raised is the
CONSTITUTIONALITY of the statute, rule or Q: When is the doctrine of finality of
regulation administrative action not applicable? (SPA
11. Where it is a civil action for DAMAGES DIVE)
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1. To grant relief to preserve STATUS QUO 3. Has resided in the Philippines for at least 1
pending further action by the administrative year
agency; 4. Has resided in the place where they propose
1. Essential to the PROTECTION OF RIGHTS to vote for at least 6 months immediately
asserted; preceding election
2. When ALLOWED by law; 5. Free from disqualifications
3. When the order is NOT REVIEWABLE and
the complainant will suffer great and obvious No literacy, property, or other substantive
DAMAGE if the order is carried out; requirements shall be imposed on the exercise of
4. An INTERLOCUTORY ORDER affecting the suffrage. (Phil const, art. V, § 1)
merits of a controversy;
5. An administrative officers acts in VIOLATION Q: Can the COMELEC authorize the citizens
of constitution and other laws and arm to use election returns for unofficial
6. To an order made in EXCESS of power, count?
contrary to specific prohibitions in the statute. YES. It may authorize the citizen’s arm to use
election returns for unofficial count. (COMELEC
Q: What is the doctrine of ripeness for Resolution 8786)
review?
The same as that of exhaustion of administrative Q: What are the grounds for disqualification
remedies, except that it applies to the rule making to vote? (FDI)
and to administrative action which is embodied 1. Sentenced by FINAL JUDGMENT to suffer
neither in rules or regulations nor in adjudication IMPRISONMENT NOT LESS THAN 1 YEAR
or final order. 2. Adjudged by final judgment by a competent
court of having committed any crime
Q: How should the court view administrative involving DISLOYALTY to the duly
findings? constituted government (e.g. rebellion or
Factual findings made by quasi-judicial bodies crimes against national security)
and administrative agencies when supported by
substantial evidence are accorded great respect For (1) and (2):
and even finality by the appellate courts. This is • Disqualification may be removed by
because administrative agencies possess plenary pardon or amnesty
specialized knowledge and expertise in their • Reacquire the right to vote upon
respective fields. As such, their findings of fact are expiration of 5 years after service of
binding upon the Court unless there is a showing sentence
of grave abuse of discretion, or where it is clearly 3. INSANE or INCOMPETENT persons as
shown that they were arrived at arbitrarily or in declared by competent authority
disregard of the evidence on record. (Japson v.
Civil Service Commission (G.R. No. 189479, C. REGISTRATION OF VOTERS
2011) *12 Q: is registration to the biometrics system an
additional requirement before a person can
exercise his or her right to suffrage?
No. The biometrics registration requirement is not
a "qualification" to the exercise of the right of
suffrage, but a mere aspect of the registration
procedure, of which the State has the right to
ELECTION LAW reasonably regulate. Unless it is shown that a
registration requirement rises to the level of a
A. SUFFRAGE literacy, property or other substantive
requirement as contemplated by the Framers of
B. QUALIFICATION AND
the Constitution - that is, one which propagates a
DISQUALIFICATION OF VOTERS
socio-economic standard which is bereft of any
rational basis to a person’s ability to intelligently
Q: What are the required qualifications for
CGSt h)S VGtS Smu to further ths pUuliC QOOu - Li 10
voters?
same cannot be struck down as unconstitutional.
1. Be a Filipino citizen
2. At least 18 years of age
The assailed biometrics registration regulation on
the right to suffrage was sufficiently justified as it
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was indeed narrowly tailored to achieve the its constitutional functions. (Atienza v.
compelling state interest of establishing a clean, COMELEC, G.R. No. 188920, 2010)
complete, permanent and updated list of voters,
and was demonstrably the least restrictive means E. POLITICAL PARTIES
in promoting that interest. (Kabataan Partylist vs. 1. JURISDICTION OF THE COMELEC OVER
COMELEC, G.R. No. 221318, 2015) POLITICAL PARTIES
2. REGISTRATION
Q: How does one change domicile for
purposes of voting? Q: What are political parties?
To successfully effect a transfer of domicile, one Political parties are organized groups of persons
must demonstrate: (1) an actual removal or pursuing the same ideology, political ideas or
change of domicile; (2) a bona fide intention of platforms of government including its branches
abandoning the former place of residence and and divisions. (Sec. 60, Omnibus Election Code)
establishing a new one; and (3) acts which
correspond with that purpose. There must be Q: What organizations or parties cannot
animus manendi coupled with animus non register as political parties in this
revertendi. (Asistio v. Canlas, G.R. No. 191124, jurisdiction?
2010) 1. Religious sects
2. Those which seek to achieve their goals
D. INCLUSION AND EXCLUSION through unlawful means
PROCEEDINGS 3. Those which refuse to adhere to the
Constitution
Q: What are inclusion proceedings? 4. Those which are supported by any foreign
Inclusion proceedings are proceedings which government. (Phil const, art. IX-C, §2(5))
may be filed any time EXCEPT during 105 days
before regular elections or 75 days before special Q: What are the qualifications of a party-list
elections for any of the followings grounds: nominee?
1. Application for registration has been 1. A natural-born citizen of the Philippines
disapproved by the board 2. A registered voter
2. Name has been stricken out (Sec. 34, R.A. 3. A resident of the Philippines for a period of not
No. 8189) less than 1 year immediately preceding the
election day
Q: What are Exclusion proceedings? 4. Able to read and write
Exclusion proceedings are proceedings, 5. A bona fide member of the party he seeks to
requiring a sworn petition, which may be filed any represent for at least 90 days preceding
time EXCEPT during 100 days before regular election day
elections or 65 days before special elections, on 6. At least 25 years of age on election day. (Sec.
any of the following grounds: 9, R.A. No. 7941)
1. Not qualified or has DQ
2. Flying voters Q: Which organizations are disqualified from
3. Ghost voters (Sec. 35, R.A. No. 8189) registering as party-list organizations? (F2V2R
COPS)
Q: What is a leadership issue? 1. Foreign party or organization
A leadership issue within a political party is one 2. Receives Foreign support
that the COMELEC had to settle. However, the 3. Advocates Violence
expulsion of a member is purely a membership 4. Violates election laws
issue that had to be settled within the party. It is 5. Religious sect, denomination, organization
an internal party matter over which the 6. Ceased to exist for at least 1 year
COMELEC has no jurisdiction. The COMELEC’s 7. Failed to Obtain at least 2% of the votes cast
jurisdiction over intra-party disputes is limited. It under the party-list system in the 2 preceding
does not have blanket authority to resolve any elections
and all controversies involving political parties. 8. Failed to Participate in the last 2 preceding
Political parties are generally free to conduct their elections
activities without interference from the state. The 9. Untruthful Statements in its petition (Sec. 6,
COMELEC may intervene in disputes internal to R.A. No. 7941)
a party only when necessary to the discharge of
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Q: Rudy Domingo, 38 years old, natural-born Sec. 5(3), Art. VI of the 1987 Constitution.
Filipino and a resident of the Philippines since (Veterans Federation Party v. COMELEC, G.R.
birth, is a Manila-based entrepreneur who No. 136781, 2000)
runs KABAKA, a coalition of peoples’
organizations from fisherfolk communities. For the three-seat limit rule: under Sec. 11(b) of
KABAKA’s operations consists of RA No. 7941, a party-list shall be entitled to a
empowering fisherfolk leaders through maximum of three seats in the House of
livelihood projects and trainings on good Representatives regardless of the votes they
governance. The Dutch Foundation on Good receive during elections. The limit is imposed so
initiatives, a private organization registered in that no single group will dominate the party-list
the Netherlands, receives a huge subsidy seats. (Veterans Federation Party v. COMELEC,
from the Dutch Foreign Ministry, which, in G.R. No. 136781, 2000)
turn is allocated worldwide to the
Foundation’s partners like KABAKA. Rudy For the 2% threshold, the Court in the case of
seeks to register KABAKA as a party-list with BANAT v. COMELEC, struck this down in relation
himself as nominee of the coalition: Will to the distribution of the additional seats as found
KABAKA and Rudy be qualified as a party-list in Sec. 11(b) of R.A. No. 7941. Thus, the 2% is
and a nominee, respectively? only important in determining which parties have
KABAKA and Rudy are not qualified as a party list guaranteed seats (in the first round). In
and as nominee, since KABAKA is receiving a distributing the additional seats (in the second
subsidy from the Dutch Foreign Ministry. Under round), even parties which did not obtain at least
Section 2(5), Article IX-C of the Constitution, a 2% of the votes cast may be entitled to seats in
political party which is supported by any foreign the House of Representatives. For the distribution
government cannot be registered with the of the additional seats, the basis is proportional
COMELEC. (Phil. Const, art. !X-C, §2(5)) representation.
Q: Explain the formula for allocating seats for In computing the additional seats, the guaranteed
party-list representatives. seats shall no longer be included because they
The 20% allocation - the combined number of all have already been allocated, at one seat each, to
party-list representatives shall not exceed 20% of every “two-percenter.” Thus, the remaining
the total membership of the House of available seats for allocation as “additional seats”
Representatives, including those elected under are the maximum seats reserved under the Party
the party list; List System less the guaranteed seats.
Fractional seats are disregarded in the absence
The 2% threshold - only those parties garnering a of a provision in R.A. No. 7941 allowing for a
minimum of 2% of the total valid votes cast for the rounding off of fractional seats. (BANAT v.
party-list system are "qualified" to have a COMELEC, G.R. No. 179271, 2009)
guaranteed seat in the House of Representatives. Given these rules, the procedure in allocating
As such, this 2% threshold is only important in party-list seats in the House of Representatives is
determining which parties have guaranteed seats as follows:
for the first round of distributing the available 1. Rank all party-lists according to votes
seats; received;
2. Determine the 2% qualifiers;
The three-seat limit - each qualified party, 3. Determine the additional seats by deducting
regardless of the number of votes it actually the number of guaranteed seats (2%
obtained, is entitled to a maximum of three seats; qualifiers) from the maximum allowed seats
that is, one "qualifying" and two additional seats; ex. 55 (220 x 20%) - 17 (17 2% qualifiers in
and this case) = 38 seats left;
4. Divide the number of votes received by all
Q: For each of these rules, state the parties (2% qualifiers and non-qualifiers) by
constitutional or legal basis, if any, and the the total number of votes cast;
purpose. 5. Distribute the additional seats (rounded down)
For the 20% allocation: the party-list in accordance to the ranking. (BANAT v.
representatives should not exceed 20% of the COMELEC, G.R. No. 179271, 2009)
total membership of the House of
Representatives, because this is the maximum Q: May a nominee of a sectoral party who
number of party-list representatives provided in changes his sectoral affiliation within the
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same party be eligible for nomination under then moved to dismiss the charge against him
the new sectoral affiliation? based on this supervening event. Should the
It depends. Section 15 of RA 7941 provides that motion be granted?
a nominee of a sectoral party who changes his No. Election is not a mode of condoning an
sectoral affiliation within the same party is not administrative offense, and there is simply no
eligible for nomination under the new sectoral constitutional or statutory basis in our jurisdiction
affiliation, unless such change occurred at least to support the notion that an official elected for a
six months before the elections. Section 15 different term is fully absolved of any
clearly covers changes in both political party and administrative liability arising from an offense
sectoral affiliation within the same party. (Amores done during a prior term. (Carpio-Morales v.
v. HRET, G.R. No. 189600, 2010) Binay, G.R. No. 217126-27, 2015)
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Q: Who are covered by the ban on partisan there is no premature campaigning yet. (Penera
political activity? v. COMELEC, G.R. No. 181613, 2009)
The ban against partisan political activity is
addressed to appointive and NOT elective public H. BOARD OF ELECTION INSPECTORS
officials. (Quintov. COMELEC, G.R. No. 189698, AND BOARD OF CANVASSERS
2010) I. COMPOSITION
2. POWERS
Q: Person A was declared winner in the I. REMEDIES AND JURISDICTION IN
elections for mayor. Person B, the 2nd placer, ELECTION LAW
filed a petition to disqualify, contending 1. PETITION NOT TO GIVE DUE COURSE TO
Person A wasn’t a Filipino citizen. The CANCEL A CERTIFICATE OF CANDIDACY
Supreme Court declared Person A as not a 2. PETITION FOR DISQUALIFICATION
Filipino Citizen. Can Person B be proclaimed 3. PETITION TO DECLARE FAILURE OF
as winner in the election? ELECTIONS
Yes. When a person who is not qualified is voted 4. PRE-PROCLAMATION CONTROVERSY
for and eventually garners the highest number of 5. ELECTION PROTEST
votes, even the will of the electorate expressed 6. QUO WARRANTO
through the ballot cannot cure the defect in the
qualifications of the candidate. To rule otherwise Q: Who may initiate a petition to deny due
is to trample upon and rent asunder the very law course or petition for disqualification?
that sets forth the qualifications and COMELEC may MOTU PROPIO or upon
disqualifications of candidates. When there are VERIFIED PETITION of any interested party
participants who turn out to be ineligible, their refuse to give due course or cancel a CoC when:
victory is voided and the laurel is awarded to the 1. The CoC has been filed to put the election
next in rank who does not possess any of the process in mockery or disrepute
disqualifications nor lacks any of the 2. Causes confusion among the voters by the
qualifications set in the rules to be eligible as similarity of the names of the registered
candidates. Knowledge by the electorate of a candidates
candidate’s disqualification is not necessary 3. Other circumstances which clearly
before a qualified candidate who placed second demonstrate that the candidate has no bona
to a disqualified one can be proclaimed as the fide intention to run for the office. (Sec. 69,
winner (Maquiling v. Commission on Elections, Omnibus Election Code)
G.R. No. 195649, 2013).
Q: Differentiate petition for disqualification
G. CAMPAIGN and petition to deny due course/to cancel
1. PREMATURE CAMPAIGNING certificate of candidacy.
2. PROHIBITED CONTRIBUTIONS
3. LAWFUL AND PROHIBITED ELECTION
PROPAGANDA
4. LIMITATIONS ON EXPENSES
5. STATEMENT OF CONTRIBUTION AND
EXPENSES
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A person who is A petition to deny due accredited political party dies, withdraws or is
disqualified under course or cancel disqualified for any cause, only a person
Section 68 is merely certificate of belonging to, and certified by, the same political
prohibited to continue candidacy is party may file a certificate of candidacy to replace
as a candidate. grounded on a the candidate who dies, withdrew or was
statement of a disqualified.”
Thus, a candidate material
who is disqualified representation in the Q: If the action/s instituted should be
under Section 68 can said certificate that is dismissed with finality before the election,
validly be substituted false. and Gabriel assumes office after being
under Section 77 of proclaimed the winner in the election, can the
the OEC because The person whose issue of his candidacy and/or citizenship and
he/she remains a certificate is residence still be questioned? If so, what
candidate until cancelled or denied action or actions may be filed and where? If
disqualified. due course fe not not, why not?
treated as a The question of the candidacy and residence of
candidate at all, as if Gabriel can be questioned in the House of
he/she never filed a Representatives Electoral Tribunal by filing a quo
CoC. A person whose warranto case. Since it is within its jurisdiction to
CoC has been denied decide the question of the qualification of Gabriel,
due course or the decision of the COMELEC does not constitute
cancelled under res judicata. (Jalandoni v. Crespo, HRET Case
Section 78 cannot be No. 01-020, 2003) Once a candidate for member
substituted because of the House of Representatives has been
he/she is never proclaimed, the House of Representatives
considered a Electoral Tribunal acquires jurisdiction over the
candidate lection contest relating to his qualifications.
(Guerrero v. COMELEC, G.R. No. 137004, 2000)
Sec. 12, 68, OEC Sec. 78, OEC
Sec. 40, LGC Q: Differentiate petition to deny due
course/cancel CoC and petition for quo
warranto.
Q: Despite lingering questions about his
Filipino citizenship and his one-year
residency in the district, Gabriel filed his Petition to Deny Due Petition for Quo
certificate of candidacy for congressman Course/Cancel Warranto
before the deadline set by law. His opponent, Certificate of
Vito, hires you as lawyer to contest Gabriel’s Candidacy
candidacy. Before election day, what action or
actions will you institute against Gabriel, and Initiated before Initiated after
before which court, commission or tribunal elections elections
will you file such action/s? Misrepresentation in (1) Ineligibility; or
I will file a petition to cancel the certificate of the Certificate of (2) Disloyalty to the
candidacy of Gabriel in the COMELEC because Candidacy (Sec. 78, Republic of the
of the false material misrepresentation that he is OEC) Philippines
qualified to run for congressman. ("Sec. 78, OEC;
Fermin v. COEMELEC, G.R. No. 179695, 2008). The petition must be
initiated within ten
Q: If, during the pendency of such action/s but days after the
before election day, Gabriel withdraws his proclamation of the
certificate of candidacy, can he be substituted election results. A
as candidate? If so, by whom and why? If not, candidate is ineligible
why not? if he is disqualified to
If Gabriel withdraws, he may be substituted by a be elected to office,
candidate nominated by his political party. and he is disqualified if
Section 77 of the Omnibus Election Code states: he lacks any of the
“If after the last day for filing of certificates of qualifications for
candidacy, an official candidate of a registered or
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the certificate of canvass. His recourse is to file a evidence. The only means to overcome the
regular election protest before the HRET. presumption of legitimacy of the election returns
(Pimentel v. COMELEC, G.R. No. 178413, 2008) is to examine and determine first whether the
ballot boxes have been substantially preserved in
Q: Who has jurisdiction over contests the manner mandated by law. Hence, the
involving the composition of the board or necessity to issue the order of revision. (Toientino
proceedings before it? v. COMELEC, G.R. No. 187958, April 7, 2010)
Contests involving composition or proceedings of
the Board of canvassers, EXCEPT Congress, Q: What is the objective of an election
may be initiated in the Board of Canvassers or contest?
COMELEC. (Sec. 15 and 17, R.A. No. 7166) The objective of election contests is to dislodge
the winning candidate from office and determine
Q: Who has jurisdiction over contests the true winner.
involving election returns?
Contests involving election returns should be Q: What is the jurisdiction of COMELEC over
brought in the first instance before the board of election contests?
canvassers only. (Sec. 17, R.A. NO. 7166) • ORIGINAL Jurisdiction over contests relating
to elections, returns, and qualifications of all
Q: What is the two-objection rule? elective:
According to the two-objection rule, oral objection 1. Regional
and written objection must be submitted 2. Provincial
simultaneously to the Board of Canvassers 3. City officials
chairperson before ERs have been canvassed. • APPELLATE Jurisdiction over contests
There is substantial compliance even if the oral involving:
objection is filed first, then the written objection 1. Elective Municipal officials decided by
with evidence is submitted within 24 hours. trial courts of GENERAL jurisdiction
(Maraburv. COMELEC, G.R. No. 169513, 2007) 2. Elective Barangay officials decided by
trial courts of LIMITED jurisdiction
Q: Who may prosecute a candidate who (Phil. Const, art. IX-C, §2(2))
commits vote buying on Election Day itself? a. COMELEC may issue extraordinary writs of
A candidate who commits vote buying on Election certiorari, prohibition and mandamus
Day itself shall be prosecuted by the COMELEC. (Relampagos v. Cumba, G.R. No. 118861,
(Nolasco v. COMELEC, G.R. No. 122250, 1997) 1995).
Q: The COMELEC en banc cannot hear and Q: What are the types of election contests?
decide a case at first instance. What is the There are two types of election contests:
exception? 1. Election protest; and
The exception is when the case involves a purely 2. Quo Warranto.
administrative matter.
Q: Differentiate between election protest and
Q: What are the grounds for a recount? quo warranto.
1. There are material defects in the ERs
2. The ERs are tampered or falsified
3. There are discrepancies in the ERs Election Protest Quo Warranto
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Omnibus Election Code, the COMELEC, through counting machine. It ensures that the candidates
its duly authorized legal officers, has the selected by the voter in his or her ballot are the
exclusive power to conduct preliminary candidates voted upon and recorded by the vote
investigation of all election offenses punishable counting machine. The voter himself or herself
under the Omnibus Election Code, and to verifies the accuracy of the vote. In instances of
prosecute the same. (COMELEC vs. Espahol, Random Manual Audit and election protests, the
G.R. No. 149164-73, 2003) VVPAT becomes the best source of raw data for
votes (Bagumbayan-VNP Movement, Inc. v.
K. ELECTION AUTOMATION LAW COMELEC, G.R. No. 222731, March 8, 2016)
stop operations of the plant, prompting ABC Sangguniang Panlalawigan disapproved it for
to file a petition for injunction before the RTC, being arbitrary; and 3) the Municipality of
arguing that the city government did not have Santa has other and better lots for that
any power to abate the alleged nuisance. purpose.
Decide with reasons.
1. The Municipality of Santa has the power to
The city government has no power to stop the expropriate. Section 19 of the LGC grants all
operations of the plant. Since its operations is not local government units the power of eminent
a nuisance per se, the city government cannot domain. However, Section 19 of the LGC
abate it extrajudicially. A suit must be first filed in required an ordinance, not a resolution, for the
court. (AC Enterprises, Inc. v. Frabelle Properties exercise of the power of eminent domain.
Corporation, G.R. No. 166744, 2006) (Heirs of Saguitan v. City of Mandaluyong,
G.R. No. 135087, 2000)
Q: Can a Barangay Assembly exercise any
police power? 2. The disapproval of Resolution No. 1 by the
No, the Barangay Assembly cannot exercise any Sangguniang Panlalawigan of llocos Sur on
police power. It can only recommend to the the ground that there may be other lots
Sangguniang Barangay the adoption of available in Santa is invalid, because it can
measures for the welfare of the barangay and disapprove Resolution No. 1 solely on the
decide on the adoption of an initiative (Republic ground that it is beyond the power of the
Act No, 7160, Sec. 398). Sangguniang Bayan of Santa. (Moday v. CA,
G.R. No. 107916, 1997)
4. EMINENT DOMAIN
3. If there are other lots that are better and more
Q: Is a valid and definite offer to buy a appropriate for the municipal sports center,
property a prerequisite to expropriation the lot owned by Christina should not be
initiated by a local government? expropriated. Its choice is arbitrary.
Yes. Under Section 19 of the Local Government (Municipality of Meycauayan v. IAC, G.R. No.
Code of 1991, a valid and definite offer to buy a 72126, 1988)
property is a pre-requirement to expropriation
initiated by a local government (Republic Act No, 5. TAXING POWER
7160, Sec. 19). 6. CLOSURE AND OPENING OF ROADS
7. LEGISLATIVE POWER
Q: Can reclassification of land by a local (a) Requisites for valid ordinance
government unit be done through a
resolution? Q: The Sangguniang Panglungsod of Pasay
No. Under the Section 2 of the Local Government City passed an ordinance requiring all disco
Code, the enactment of an ordinance is required pub owners to have all their hospitality girls
for land reclassification by an LGU (Republic Act tested for AIDS virus. Both disco pub owners
No, 7160, Sec. 2).' and the hospitality girls assailed the validity
of the ordinance for being violative of their
Q: The Sangguniang Bayan of the constitutional rights to privacy and to freely
Municipality of Santa, llocos Sur passed choose a calling or business. Is the ordinance
Resolution No. 1 authorizing its Mayor to valid? Explain.
initiate a petition for the expropriation of a lot
owned by Christina as site for its municipal The ordinance is a valid exercise of police power.
sports center. This was approved by the The right to privacy yields to certain paramount
Mayor. However, the Sangguniang rights of the public and defers to the exercise of
Panlalawigan of llocos Sur disapproved the police power. The ordinance is not prohibiting the
Resolution as there might still be other disco pub owners and the hospitality girls from
available lots in Santa for a sports center. pursuing their calling or business but merely
Nonetheless, the Municipality of Santa, regulating it. (Social Justice Society v. Dangerous
through its Mayor, filed a complaint for Drugs Board, G.R. No. 157870, 2008). The
eminent domain. Christina opposed this on ordinance is a valid exercise of police power,
the following grounds: 1) the Municipality of because its purpose is to safeguard public health.
Santa has no power to expropriate; 2) (Beltran v. Secretary of Health, G.R. No. 133640,
Resolution No. 1 has been voided since the 2005)
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misconduct committed during a prior term can be converted into the component City of Tuba.
wiped off by the fact that he was elected to a The said charter provided for a hold-over and
second term of office, or even another elective so without interregnum, Manuel went on to
post. Election is not a mode of condoning an serve as the Mayor of Tuba. In the 2001
administrative offense, and there is simply no elections, Manuel filed his certificate of
constitutional or statutory basis in our jurisdiction candidacy for City Mayor. He disclosed,
to support the notion that an official elected for a though, that he had already served for three
different term is fully absolved of any consecutive terms as elected Mayor when
administrative liability arising from an offense Tuba was still a municipality. He also stated in
done during a prior term. his CoC that he is running for the position of
Mayor for the first time now that Tuba is a city.
However, the doctrine of condonation should be, Reyes, an adversary, ran against Manuel and
as a general rule, recognized as good law prior to petitioned that he be disqualified because he
its abandonment. (Carpio-Morales v. CA, G.R. had already served for three consecutive
Nos. 217126-27, 2015) terms as Mayor. The petition was not timely
acted upon, and Manuel was proclaimed the
11. RECALL winner with 20,000 votes over the 10,000
votes received by Reyes as the only other
Q: Governor Diy was serving his third term candidate. It was only after Manuel took his
when he lost his governorship in a recall oath and assumed office that COMELEC ruled
election. that he was disqualified for having ran and
1. ) Who shall succeed Governor Diy in his served for three consecutive terms.
office as Governor?
2. ) Can Governor Diy run again as governor in 1. ) What is a possible argument to prevent his
the next election? disqualification and removal?
3. ) Can Governor Diy refuse to run in the recall 2. ) Is Manuel eligible to run as Mayor of the
election and instead resign from his position newly created City of Tuba immediately after
as governor? having served for three consecutive terms as
1. The candidate who received the highest Mayor of Municipality of Tuba?
number of votes in the recall will succeed 3. ) Assuming Manuel is ineligible, should
Governor Diy. (Local Government Code, Reyes be declared the winner?
§72) 1. One possible argument is that when the
2. Governor Diy can run again as governor. He municipality was converted into a city, it
did not fully serve his third term, because he became a different juridical personality.
lost in the recall election. His third term Hence, when he ran for city mayor, he was
should not be included in computing the not running for the same office as that of
three-term limit. (Lonzanida v. COMELEC, municipal mayor.
G.R. No. 135150, 1999) 2. Manuel is not eligible to run as mayor of the
3. Governor Diy cannot refuse to run in the City of Tuba. While it acquired a new
recall election. He is automatically corporate existence separate and distinct
considered as a duly registered candidate. from that of the municipality, this does not
(Local Government Code, §71) He is not mean that for the purpose of applying the
allowed to resign. (Local Government Code, constitutional provision on term limitations,
§73) the office of the municipal mayor should be
considered as different from the office of the
12. TERM LIMITS city mayor. The framers of the Constitution
intended to avoid the evil of a single person
Q: What is the term limit for all local elective accumulating excessive power over a
officials? particular territorial jurisdiction as a result of
No local elective official may serve for more than a prolonged stay in the office. To allow
three consecutive terms (Local Government Manuel to vie for the position of city Mayor
Code, §43). after having served for three consecutive
terms as municipal mayor will defeat the
Q: Manuel was elected Mayor of Municpality intent of the framers of the Constitution.
of Tuba in the elections of 1992, 1995 and (Latasa v. COMELEC, G.R. No. 154829,
1998. He fully served his first two terms, and 2003)
during his third term, the municipality was
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E. ACQUISITION, OWNERSHIP AND social and economic forces by the State so that
TRANSFER OF PUBLIC AND PRIVATE justice in its rational and objectively secular
LANDS conception may at least be approximated
(■Calalang v. Williams, G.R. 47800, 1940).
Q: What is the rule on acquisition, ownership
and transfer of public and private Lands? Q: What are the principal activities to promote
Social Justice?
PRIVATE FILIPINO CITIZENS/ 1. Creation of more economic opportunities and
CORPORATIONS ! QUALIFIED more wealth
INDIVIDUALS 2. Closer regulation of the acquisition,
ownership, use and disposition of property in
1. They can only hold 1. Can lease up to order to achieve a more equitable distribution
alienable lands of 500 hectares of wealth and political power.
the public domain 2. Can ACQUIRE not 3. Creation of economic opportunities based on
BY LEASE. more than 12 freedom of initiative and self-reliance.
• Period: Cannot hectares by
exceed 25 years, purchase, Q. May a law be passed prohibiting selected
renewable for not homestead or sectors of labor from organizing unions?
more than 25 years grant A. No. The right to organize is given to all kinds
• Area: Lease of workers both in the private and in the public
cannot exceed sector. (Bernas, The 1987 Philippine
1,000 hectares. Constitution: A Comprehensive Reviewer, 2011)
2. They may NOT
acquire PUBLIC
Q. May a law be passed prohibiting selected
LAND, albeit
alienable sectors of labor from resorting to strikes?
3. BUT they may A. Yes. The second paragraph of Section 3
acquire PRIVATE specifically singles out the right to strike as
LAND. subject to limitation by law. (Bernas, The 1987
Philippine Constitution: A Comprehensive
NOTE: A corporation Reviewer, 2011)
sole is treated like other
private corporations for Q: What is the scope of Agrarian Reform?
the purpose of Extends not only to private agricultural lands, but
acquiring public lands.
also to “other natural resources,” even including
the use and enjoyment of “communal marine and
fishing resources” and “offshore fishing grounds.”
F. PRACTICE OF PROFESSIONS
G. ORGANIZATION AND REGULATION OF Agricultural land held by the church in trust may
CORPORATIONS, PRIVATE AND PUBLIC be subject to land reform. The land reform law
H. MONOPOLIES, RESTRAINT OF TRADE does not make a distinction between the various
AND UNFAIR COMPETITION forms of ownership, whether in trust or absolute
title.
SOCIAL JUSTICE AND HUMAN RIGHTS Urban or rural poor dwellers cannot be evicted,
except according to law.
citizens in urban centers and resettlements Q: What are covered by these rights?
areas. It shall also promote adequate Economic, social and cultural rights include the
employment opportunities to such citizens. In the rights to adequate food, to adequate housing, to
implementation of such program the State shall education, to health, to social security, to take
respect the rights of small property owners (Art. part in cultural life, to water and sanitation, and to
work. (United Nations Human Rights, Office of
XIII, Sec. 9, Phil Const.)
the High Commissioner)
Urban or rural poor dwellers shall not be evicted C. COMMISSION ON HUMAN RIGHTS
nor their dwellings demolished, except in
accordance with law and in a just and humane Q: What are the powers of the CHR?
manner. Powers: (IAC-PE2RM-IRAO)
1. Investigate all forms of human rights
No resettlement of urban or rural dwellers shall violations involving civil or political rights, and
be undertaken without adequate consultation recommend.1
with them and the communities where they are to 2. Adopt operational guidelines and rules of
procedure.
be relocated. (Art. XIII, Sec. 10, Phil Const.)
3. Cite for Contempt for violations of its rules, in
accordance with the Rules of Court.
Q: What is the Constitution’s Mandate on 4. Provide appropriate legal measures for the
Health? protection of the human rights of all persons,
The State shall adopt an integrated and within the Philippines, as well as Filipinos
comprehensive approach to health development residing abroad, and provide for preventive
which shall endeavor to make essential goods, measures and legal aid services to the
health and other social services available to all underprivileged whose human rights have
the people at affordable cost. There shall be been violated or need protection.23 4
priority for the needs of the underprivileged sick, 5. Exercise visitorialpowers over jails, prisons
and other detention facilities.
elderly, disabled, women, and children. The State
6. Establish continuing programs for research,
shall endeavor to provide free medical care to education and information in order to
paupers. (Art. XIII, Sec. 11, Phil Const.) enhance respect for the primacy of human
rights.
Q: What is the Constitution’s Mandate on 7. Recommend to congress effective measures
Women? to promote human rights and to provide
The State shall protect working women by compensation to victims of human rights
providing safe and healthful working conditions, violations or their families.
taking into account their maternal functions, and 8. Monitor compliance by the government with
such facilities and opportunities that will enhance international treaty obligations on human
their welfare and enable them to realize their full rights.
potential in the service of the nation (Art. XIII, 9. Grant Immunity from prosecution to any
Sec. 14, Phil Const.) person whose testimony or whose
possession of documents or other evidence is
B. ECONOMIC, SOCIAL, CULTURAL RIGHTS necessary or convenient to determine the
truth in any CHR investigation.
1 Notes: 2 Notes:
1. Violations may be committed by public • The CHR can initiate court proceedings on
officers or by civilians or rebels. behalf of victims of human rights violations.
2. CHR cannot investigate violations of • The CHR can recommend the prosecution
social rights. of human rights violators, but it cannot itself
3. CHR has NO adjudicatory powers over prosecute these cases.
cases involving human rights violations. • The CHR cannot issue restraining orders or
4. I hey cannot investigate cases where no injunctions against alleged human rights
rights are violated, e.g., There is no right violators. These must be obtained from the
to occupy government land (squat). regular courts.
Therefore, eviction therefrom is NOT a
human rights violation.
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Obligations owed by states towards the contracted valid international obligations is bound
community of states as a whole as compared to to make in its legislation such modifications as
those arising vis-a-vis another state in the field of may be necessary to ensure the fulfillment of the
diplomatic protection. In view of the importance of obligations undertaken. (Deutsche Bank AG
the rights involved, all states can be held to have Manila v. Commissioner of Internal Revenue,
a legal interest in their protection. G.R. No. 188550, Aug. 19, 2013 citing Tanada v.
Angara, 388 Phil. 546, 592 (1997)).
Q: What is Jus Cogens?
Jus cogens, or peremptory norm of international Municipal Rule - When it comes before a
law, means “a norm accepted and recognized by domestic court, domestic courts are bound to
the international community of States as a whole apply the local law.
as a norm from which no derogation is permitted
and which can be modified only by a subsequent Treaty v. Constitution - when the
norm of general international law having the constitutional violation is manifest and
same character. concerns a rule of internal law of
fundamental importance, state may deviate
Elements of Jus Cogens from treaty obligation
1. A norm accepted and recognized by
Treaty v. domestic legislation -when the
2. The international community of states as a two instruments relate to the same subject,
whole try to give effect to both; if inconsistent, the
3. No derogation is permitted later in date will control, provided that the
4. Which can only be modified by a subsequent treaty stipulation is self executing. But this
norm having the same character. (Vienna rule only applies in the domestic sphere. A
Convention on Treaties, art, 53) treaty, even if contrary to a later statute, is
binding in international law. (Bernas, Public
Q: Distinguish between Equity and Ex Aequo International Law, 2009)
et Bono.
1. Equity - when accepted, is an instrument Q: Did EDCA violate the Constitutional
whereby conventional or customary law may provision on Senate concurrence on treaties?
be supplemented or modified in order to No. EDCA is not a treaty; Senate concurrence is
achieve justice. Procedurally, it means a not required. EDCA remained within the
mandate given to a judge to exercise parameters set by the two treaties (the MDT and
discretion in order to achieve a determination the VFA). Mere adjustments in detail to
that is more equitable and fair. implement the MDT and the VFA can be in the
2. Ex Aequo Et Bono - pertains to the power of form of executive agreements. The “activities”
the International Court of Justice to decide a referred to in the MDT are meant to be specified
case equitably outside the rules of law at the and identified in further agreements. EDCA is an
instance of the parties to the case. example of such agreement. The President’s
choice to enter into EDCA by way of executive
The power to apply principles of equity in no way agreement is in view of the vast constitutional
restricts the power of the ICJ to decide cases powers and prerogatives granted to him in the
based on Ex Aequo et Bono should the parties so field of foreign affairs. (Saguisag v. Executive
agree that the controversy is to be decided on the Secretary, G.R. Nos. 212426/212444, 2016)
said principle.
SOURCES OF OBLIGATION IN
RELATIONSHIP BETWEEN INTERNATIONAL INTERNATIONAL LAW
LAW AND NATIONAL LAW
Q: What are the sources of international law?
Q: What happens when there is a conflict 1. Treaties or International Conventions
between International law and Domestic law? 2. Custom or Customary international law
It depends on whether the case goes to a 3. General principles of law recognized by
domestic court or to an international tribunal. civilized nations
4. As subsidiary means of determining
international Rule - It is an established principle International law:
that, before an international tribunal, a state may (a) Judicial decisions
not plead its own law as an excuse for failure to
comply with international law. A state which has
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(b) Teachings of the most highly qualified recognizes the right to external self-determination
writers and publicists in situations of (1) former colonies; (2) where a
(ICJ Statute, art. 38(1)) people is oppressed, as for example under
foreign military occupation; or (3) where a
Q: What is a treaty? definable group is denied meaningful access to
An international agreement concluded between government to pursue their political, economic,
States in written form and governed by social and cultural development (North Cotabato
international law, whether embodied in a single v. GRP citing In reference to the Secession of
instrument or in two or more related instruments Quebec, G.R. No. 183591, 2008)
and whatever its particular designation (Vienna
Convention on the Law of Treaties, art. 2). A. JURISDICTION OF STATES
1. BASIS OF JURISDICTION
Q: What is a custom under international law? a. TERRITORIALITY PRINCIPLE
It is an evidence of a general practice accepted b. NATIONALITY PRINCIPLE AND
as law. STATELESSNESS
c. PROTECTIVE PRINCIPLE
ELEMENTS: d. UNIVERSALITY PRINCIPLE
1. Duration of practice e. PASSIVE PERSONALITY PRINCIPLE
2. Uniformity, consistency of practice 2. EXEMPTIONS FROM JURISDICTION
3. Generality (majority of specially affected a. ACT OF STATE DOCTRINE
States)
4. Opinion juris (objective and subjective) Q: What is the Act of State Doctrine?
Courts of one country will not sit in judgment on
Q: The legal yardstick in determining whether the acts of the government of another in due
usage has become customary international deference to the independence of sovereignty of
law is expressed in the maxim “opinion every sovereign State (PCGG v. Sandiganbayan,
jurissve necessitates” or “opinion juris” for G.R. No. 124772, 2007).
short. What does this maxim mean?
It means that as an element in the formation of b. INTERNATIONAL ORGANIZATIONS AND
customary norm in international law, it is required ITS OFFICERS
that states in their conduct amounting to general
practice, must act out a sense of legal duty and Principle: One of the basic immunities of an
not only by the motivation of courtesy, international organization is immunity from local
convenience or tradition. jurisdiction, i.e., it is immune from the legal writs
and processes issued by the tribunals of the
Not only must acts amount to a settled practice, country where it is found. The obvious reason for
but they must also be such or be carried out in this is that the subjection of such an organization
such a way, as to be evidence of a belief that this to the authority of the local courts would afford a
practice is rendered obligatory by the existence convenient medium thru which the host
of a rule of law requiring it (International Court of government may interfere in their operations or
Justice in the North Sea Continental Shelf Cases, even influence or control its policies and
cited in Mijares v. Ranada, G.R. No. 139325, decisions of the organization; besides, such
2005) subjection to local jurisdiction would impair the
capacity of such body to discharge its
SUBJECTS responsibilities impartially on behalf of its
1. STATES member-states. (Southeast Asian Fisheries v.
2. INTERNATIONAL ORGANIZATIONS NLRC, G.R. No. 86773, 1992).
3. INDIVIDUALS
F. GENERAL PRINCIPLES OF TREATY LAW
Q: Is there a right to unilateral secession or
external self-determination under Q: May a treaty violate international law? If
International Law? your answer is in the affirmative, explain
General Rule: The people’s right to self- when such may happen. If your answer is in
determination should not be understood as the negative, explain why.
extending to a unilateral right of secession. Yes, a treaty may violate international law if it
conflicts with a peremptory norm or jus cogens of
Exception: International law, at best, only international law. A treaty is void, if at the time of
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its conclusion, it conflicts with jus cogens norm. If country of his nationality, and is unable to, or
a new peremptory norm of general international owing to such fear, is unwilling to avail himself of
law emerges, any existing treaty which is in the protection of that country. (1951 Convention
conflict with that norm becomes void and is Relating to the Status of Refugees, art. 1)
terminated (Vienna Convention on the Law on
Treaties, art. 53.). A person who has left their country of origin and
formally applied for asylum in another country but
Q: Differentiate pacta sunt servanda and whose application has not yet been concluded.
rebus sic stantibus. Q: Who is an Internally displaced person?
Pacta sunt servanda means every treaty is An internally displaced person (IDP) is a person
binding upon the parties to it and must be who has been forced or obliged to flee or to leave
performed by them in good faith. (Vienna his or her home or place of habitual residence, in
Convention on the Law of Treaties, art. 26) A particular as a result of, or in order to avoid the
state can avoid performance if the treaty collides effects of armed conflict, situations of generalized
with its Constitution, but it cannot escape liability violence, violations of human rights or natural or
that it may incur as a result of such non human-made disasters, and who have not
performance. crossed an internationally recognized State
border. (UN Guiding Principles on Internal
Rebus sic stantibus means a fundamental Displacement, par. 2)
change of circumstances is not a ground for a
treaty to be suspended or terminated. Except Q: Who is a stateless person?
when: A stateless person is a person who is not
1. The circumstance is the essential basis of considered as a national by any State under the
consent, or operation of its law. (1954 Convention Relating to
2. The obligation is transformed radically that it the Status of Stateless Persons, ari. 1).
becomes burdensome or unreasonable.
Q: What is the Philippine rule on foundlings?
Exceptions to the Exceptions: A child, whose parents are both unknown, shall
1. If the treaty establishes a boundary: have the nationality of the country of his or her
2. If the fundamental change is the result of a birth. A foundling is, until the contrary is proved,
breach by the party invoking it either of an presumed to have been born on the territory of
obligation under the treaty or of any other the State in which he or she was found. (Poe-
international obligation owed to any other Llamanzares v. COMELEC, G.R. No. 221697,
party to the treaty. (Vienna Convention on the 2016, citing 1961 Convention on the Reduction of
Law of Treaties, art. 62) Statelessness, art. 2; 1930 Hague Convention on
Certain Questions Relating to the Conflict of
In sum, rebus sic stantibus is an exception to the Nationality Laws, art. 14)
rule of pacta sunt servanda.
This presumption in favor of foundlings is a
G. DOCTRINE OF STATE RESPONSIBILITY generally accepted principle of international law.
(Poe-Llamanzares v. COMELEC, supra).
Q: What are the elements of State
Responsibility? While the Philippines is not a party to the 1961
1. There is an internationally wrongful act of a Convention on the Reduction of Statelessness
state when the conduct consisting of an (UNCRS) and the 1930 Hague Convention, it is a
action or omission: signatory to the Universal Declaration on Human
2. Is attributable to the State under international Rights (UDHR). Article 2 of the UNCRS and
law; and Article 14 of the Hague Convention merely give
3. Constitutes a breach of an international effect to Article 15(1) of the UDHR. (Poe-
obligation of a State. [ASR, art. 2] Llamanzares v. COMELEC, supra).
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Q: What is the “regime of islands” principle? control do not cause damage to the environment
Under Article 121 of the UNCLOS, the “the of other States or of other areas beyond the limits
regime of islands” is: of natural jurisdiction.”
1. an island naturally formed area of land,
surrounded by water which is above water at Q: What is the precautionary principle?
high tide. The precautionary principle is used when there is
2. Except as provided for in the next number, the a lack of full scientific certainty in establishing a
territorial sea, the contiguous zone, the causal link between human activity and
exclusive economic zone and the continental environmental effect. The precautionary
shelf of an island are determined in principle, as a principle of last resort, shifts the
accordance with the provisions of burden of evidence of harm away from those
this Convention applicable to other land likely to suffer harm and onto those desiring to
territory. change the status quo. (International Service for
3. Rocks which cannot sustain human habitation the Acquisition of Agri-Biotech v. Greenpeace,
or economic life of their own shall have no G.R. No. 209271, 2015)
exclusive economic zone or continental shelf.
Q: What are the elements for the application
B. BASIC PRINCIPLES OF of the precautionary principle?
INTERNATIONAL ENVIRONMENTAL 1. Uncertainty
LAW 2. Possibility of irreversible harm
3. Possibility of serious harm (International
Q: What is Principle 21 of the Stockholm Service for the Acquisition of Agri-Biotech v.
Declaration? Greenpeace, G.R. No. 209271, 2015)
“States have, in accordance with the Charter of
the United Nations and the principles of
international law, the sovereign right to exploit
their own resources pursuant to their own
environmental policies and the responsibility to
ensure that activities within their jurisdiction or
TABLE OF ENUMERATIONS
CONSTITUTIONAL LAW 1
Consent by the State BPPI 1. State enters into an operation that is essentially a
is given impliedly by Business operation
2. The State enters into a Private contract
3. State files suit against a Private party
4. Suit against an Incorporated government agency
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Exceptions to the PLATE 1 . To the extent reserved to the People by the provision on
principle of non initiative and referendum
delegation of 2. Delegation to Local government
legislative power 3. Delegation to Administrative bodies
4. Congress may delegate Tariff powers to the President
5. Emergency powers delegated By Congress to the
President
Requisites of a Valid Must 1. Must not Contravene the Constitution or any statute
Ordinance NO T 2. Must not be Unfair or oppressive
CUPPU, 3. Must not be Partial or discriminatory
must be 4. Must not Prohibit, but may regulate trade
GC 5. Must not be Unreasonable
6. Must be General and Consistent with public policy
Required Petition for R S 10R3 1. Petition should be Registered with the Commission on
Referendum Elections
2. Should be Signed by at least 10% of the total number of
registered voters
3. Every legislative district must be Represented by at least
3% of the registered voters thereof
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Bills that must PuP-TL 1. Bills authorizing the increase of Public debt
originate in the 2. Private Bills
House 3. Tariff Bills
4. Bills of Local Application
Requisites for valid LSA 1. There is a Law authorizing the President, Senate
transfer of President, Speaker, Chief Justice, and heads of the
appropriated funds Constitutional Commissions;
under Art. 6, Sec. 2. The funds to be transferred are Savings generated from
25(5) the appropriations for their respective offices; and
3. The purpose of the transfer is to Augment an item in the
general appropriations law for their respective offices
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Requisites of Judicial REALS 1. The question involved must be Ripe for adjudication
Review 2. The question of constitutionality must be raised in the first
instance, or at the Earliest opportunity.
3. An Actual case calling for the exercise of judicial power.
4. Resolution of the issue of constitutionality is unavoidable
or is the very Us m ota of the case.
5. The person challenging the governmental act must have
Requisites for Third- IRH 1. The litigant must have suffered an Jnjury-in-fact;
Party Standing (fus 2. The litigant must have a close Relation to the third party;
tertii) and
3. There must exist some Hindrance to the third party’s
ability to protect his or her own interests.
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CONSTITUTIONAL LAW 2
Elements of due Ju3NO 1. An impartial court or tribunal clothed with judicial power
process in judicial to hear and determine the matter before it.
proceedings 2. Jurisdiction must be lawfully acquired over the person or
subject matter.
3. Judgment must be rendered upon a lawful hearing.
4. The defendant must be given notice and an opportunity
to be heard.
Elements of due HIP 1. The right to a hearing, which includes the right to present
process in DESK one’s case and submit evidence in support thereof.
administrative 2. The tribunal or body or any of its judges must act on its or
proceedings own independent consideration of the law and facts of the
controversy.
3. The decision must be based on the evidence presented
at the hearing or at least contained in the record and
disclosed to the parties affected.
4. The decision must have something to support itself.
5. The tribunal must consider the evidence presented.
6. Evidence supporting the conclusion must be substantial.
7. The board or body should render its decision in such a
manner that the parties to the proceeding can know the
various issues involved and the reasons for the decision
rendered.
Requirements of due SP-CP 1. Charges against alien must Specify the acts or
process in omissions complained of
deportation 2. Preliminary investigation
proceedings 3. Follow rules of Criminal procedure
4. Private prosecutors should NO T be allowed to intervene.
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Test for Obscenity POL 1. Whether the average person, applying contemporary
(Miller Doctrine) community standards, would find the work, taken as a
whole, appeals to the p r u r i e n t interest.
2. Whether the work depicts or describes, in patently
offensive way, sexual conduct specifically defined by the
applicable state law.
3. Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
Compelling State SLL 1. The courts should look into the Sincerity of the religious
Interest test belief without inquiring into the truth of the belief
2. The state has to establish that its purposes are
Legitimate and compelling
3. The state used the Least intrusive means possible.
Elements of taking BEAPP 1. Utilization of the property must be in such a way as to oust
private property the owner and deprive him of the beneficial enjoyment of
his property.
2. The expropriator enters the property
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. The entrance must be permanent
Requisites for double ATS 1. 1st jeopardy must have attached prior to the second
jeopardy 2. The 1st jeopardy must have terminated
3. The 2nd jeopardy must be for the same offenses as that
in the 1st.
A D M IN IS TR A TIV E LAW
ELECTION LAW
Grounds for inclusion DS 1. Application for registration has been disapproved by the
proceedings board
2. 2. Name has been stricken out
When Failure of SNR 1. Election was Suspended before the hour fixed by law for
Elections may be the closing of the voting
declared 2. Election in any polling place was Not held on the date
fixed
3. Elections Results in a failure to elect (after the voting
and during the preparation and transmission of the
election returns or in the custody or canvass thereof).
LOCAL GOVERNMENT
When there is F2V R 2- ! 1. Elective local official Fills a higher vacant office
Permanent Vacancy DP : 2. Refuses to assume office Fails to qualify
3. Voluntarily resigns
4. Refuses to assume office
5. Removed from office
6. Dies
- 7. Permanently incapacitated to discharge the functions of
his office ?
end of topic