Prepared by: Atty.

Asuncion & Mdj

How to use this notes:

1. All BarQs are associated in this notes starting 1987 up to 2019.

2. All Concepts are associated with barQs
3. General provisions, Amendment and Revisions, National Patrimony,
Art 6,7,8, and International Law, all of the concepts are all barQs
4. Read and re-read multiple times. Memorize the key words of each
concepts.
5. 32 pages nalang to, sa loob ng dalawang araw kaya mo mag 3rd - 4th
reading.
6. If you see wrong spelling, wrong grammar, don't be upset, We have
no luxury of time to proof read, what is important is the concept.
7. Start printing this notes on page two. Do not include this page.
8. Free ito, wag pagkakitaan. Pwede ipasa kahit kanino! This is a free for
all notes for the spirit of bar exam.

GET THAT BAR! #CaguiwowBar2022

 "The Philippines is a democratic and

POLITICAL LAW
Ultimate Pre-day
republican State.
Sovereignty resides in the people and
all government authority emanates
THE STATE
from them"
Fundamental Powers of the State - Art II. Sec 1.
The fundamental powers of the State are the police
power, the power of eminent domain and the It means that the one who created the CONSTITUTION
power of taxation. These are inherent powers of the (Constitutional legislator) is the People.
State as they coexist with the State; the moment the
State comes into being, they become operative. There
is no need of any grant of these powers to the State.
TABLE OF CONTENTS
As inherent powers, they are to be exercised by the
-GENERAL PRINCIPLES-
Congress (the legislature). However, these powers may
be delegated to the President, to administrative
bodies or agencies, to local governments. With respect General Provisions - Art 16 (Consti)
to eminent domain, it may even be delegated to quasi-
public corporations (private corporations performing
public functions or rendering some kind of public Amendment and Revision
service).
Local governments cannot possibly have inherent - Art 17 (Consti)
powers as they are mere creatures of Congress (the
legislature). Whatever power they may validly exercise
are those delegated to them, or those that can be National Economy and Patrimony
implied from the delegated powers.
- Art 12 (Consti)
Is sovereignty really absolute? In the domestic sphere
sovereignty is really absolute. But this may not be so in
-POWERS & Structure of the Govt-
the field of international relations, as there may be
limitations imposed on sovereignty. First, limitations LEGISLATIVE ART 6
brought about by the very nature of membership in the
family of nations, and second, limitations imposed by
treaty stipulations. When the Philippines joined the UN, it EXECUTIVE ART 7
is understand that it will voluntarily surrender some
aspects of its sovereign powers in exchange for greater
benefits that it may derive by being a member of the UN,
otherwise it may face isolation from the rest of the world; JUDICIARY ART 8
likewise, when we enter into treaties with other states, it is
understood that we must surrender some aspects of our -SAFE GUARDS OF THE PEOPLE-
state power in exchange for greater benefits that we
would derive from such treaties, especially in view of BILL OF RIGHTS 3
“pacta sunt servanda,” which is one of the oldest
principles of international law and, by the doctrine of -INTERNATIONAL RELATIONS-
incorporation, automatically becomes part of our laws
(Tanada vs. Angara). This is the concept of auto-limitation INTERNATIONAL LAW
on sovereignty.
References (tatak purple):
BarQs 1987-2019 (UPLC)
Atty. Sandoval Notes & Lecture
Atty. Bong Lopez Lectures
Atty. Michael Vernon Guerrero Lectures
Omnibus Notes & Memory aid of Arellano Law School

MDJ - 1
General Provisions - Art 16 (Consti) C. Consent
SUABILITY OF THE STATE 1. Consent expressly given by law
Consti. Art 16, Sec 3. Provided that you must comply with the conditions
The State may not be sued without its consent. of the law

General Rule: STATE IS NOT SUABLE

2. National Gov't

Exception: Suable if with consent DUAL CHARACTER

When does it gives its consent? So the government When it enters into a contract:
can be suable.
CONTRACT FOR Business Contract
STATE FUNCTION (Commercial Purpose)

A. Pubic Official
NOT SUABLE

Contract was necessary to

SUABLE

Contract was for business

the performance of its contract or commercial
Act of the Public Official in Suit against the state;
government primary purpose which is not its
its OFFICIAL CAPACITY meaning state can invoke
function. primary function
immunity.

NOTE: the state may be said to have descended to the level

Act of Public Official in its Not suit against the state; the
of an individual and can thus deemed to have tacitly given
OFFICIAL CAPACITY but public official is suable in its
its consent to be sued only when it enters into business
beyond discretion personal capacity
contract

Act in his PERSONAL

CAPACITY (tortuous act)
Not suit against the state; the
public official is suable in its
3. Local Government Unit
personal capacity DUAL CHARACTER

LGU as Public Corporation LGU as Private Corporation

B. Immunity to other states

Contracted as
government function
to Contracted
proprietary
as

(commercial) function
"PAR IN PAREM, NON HABET IMPERIUM" NOT SUABLE (IMMUNITY)
Exception: when the state descend into a business entity SUABLE

Note: 4. GOCC (Government owned and controlled

Exclusive venue stated in the provision of the law or
corp. According to its charter
agreement is NOT CONSENT.
DIPLOMATIC IMMUNITY is a Political Question Charter empowers it to Charter NOT empowers
DFA has personality to ANNUL judgment against immunity sue and be sued it to sue and be sued
NOT SUABLE (IMMUNITY) SUABLE

5 The State INTERVENE with the suit

Suability vs. Liability
State intervenes in a counter-claim
RULE: If the state is suable, it does not mean it is liable. Exception: when it intervenes merely to defend invoking
its immunity
If you win in the case against the state and wants to collect
payment from the state, remember that the state is Create a law or insert the obligation into the
prohibited to allocate funds without appropriation law.
appropriation law
The remedy of the person who wins over the state is to file a petition for
Note that you cannot automatically garnish the funds or MANDAMUS - to compel the congress, municipality or agency as the case
property of the government because it belongs to the maybe, to allocate funds for payment of the obligation. The Municipality,
PUBLIC. congress or the agency now will create a law and then insert the
payment of obligation into the appropriation law they will create.
MDJ - 2
 Amendment and Revision Stage 2: RATIFICATION
Constitutional Convention & Assembly
- Art 17 (Consti) SECTION 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid
PROPOSAL + RATIFICATION when ratified by a majority of the votes cast in a
Dalawa ang stages ng amendment at revision. plebiscite which shall be held not earlier than 60
1st stage is proposal and 2nd stage is Ratification. days nor later than 90 days after the approval of

such amendment or revision.
Note:
To Revise the constitution, may dalawang valid People's Initiative
proposal lang, Constitutional Convention (2/3) at People's Initiative Proposal - Amendment shall be
Constitutional Assembly (3/4) valid when ratified by a majority of the votes cast
To amend the constitution, tatlo na ang pwedeng in a plebiscite which shall be held not earlier
mode, Con-con, ConAs, at ung People's initiative. than 60 days nor later than 90 days after the
certification by the Commission on Elections of
the sufficiency of the petition.
Stage 1: PROPOSAL
Revision & Amendment (2019 bar) The framers of the Constitution and the people who
ratified it made sure that provision INSTITUTIONALIZING
Constitutional Convention people power were incorporated in the Constitution.
Discuss. (1987, 2000, 2003 Bar)
Proposal: The congress shall call for a Constitutional
Convention.
They need 2/3 votes, voting separately House INITIATIVE REFERENDUM
and Senate
Power of the people Power of the people to
to propose reject a legislation or
Note: To question the call for Constitutional
amendments to the law though an
Convention, Congress only need majority votes of
Constitution or election called for
all its members.
propose law through purpose
election called for the
Constitutional Assembly purpose.

Proposal: A Constitutional Assembly is composed of all

the members of the Senate and House. Local Local
They need 3/4 votes of all members of the
Congress, (Here, it is not clear if the congress
Initiative Referendum
shall vote separately or as a single body. Power of the Power of the
However, to answer this, Senate and House is registered voters of a registered voters of a
separate body and thus, they must vote local government unit local government unit
separately. Consider to state that the to propose, enact, or to approve, amend
constitution is silent on this one) amend any and REJECT any
ORDINANCE. ORDINANCE enacted
by the sanggunian.
Amendment ONLY
People's Initiative Note: The people has the power to amend the
constitution (People's Initiative), create and amend a law
Proposal: People must author and sign the entire (Initiative), and reject laws (referendum). This is the
proposal; no agent or representative can sign people power which is incorporated in the Constitution.
in their behalf
Proposal must be embodied in the petition
Ung pipirmahan ng petitioners dapat Qualitative test (2019 Bar) - It is revision, if proposal will
andun din ung Proposal, nababasa nila. accomplish far reaching changes in the nature of our
Tapos syaka sila pipirma. Otherwise, basic government structure.
invalid ung petition. Quantitative test - many provisions will be changed.
Number of people who petitioned must be
12% of the total number of registered voters,
Every legislative district must be represented
by at least 3% of the registered voters therein
MDJ - 3
 Regalian Doctrine
National Economy and Patrimony Art 12 Sec.2 - All lands of PUBLIC DOMINION, waters, minerals,
- Art 12 (Consti) coal, petroluem, and other mineral oils, all forces of potential
energy, forest, timber, wildlife, flora and fauna, and other
natural resources are OWNED by the STATE.
The Filipino First Policy
Vested Rights
(Sec. 10, par. 2, Art. XII, 1987 Constitution)
Once a mining claim was made or a mining patent was issued
In the grant of rights, privileges and concessions covering the
over a parcel of land in accordance with Philippine Bill of
national economy and patrimony, the State shall give preference to
1902, such lands was considered PRIVATE PROPERTY and no
qualified Filipino. (Manila Prince Hotel vs. GSIS)
longer part of public dominion. The patent holder was the
This is a self-executing provision.
owner of both the surface of the land and of the minerals
found underneath. (2017 bar)
Meaning of Patrimony
1987 Constitution cannot take away a vested right.
Patrimony simply means heritage. National patrimony refers not
Thus, when a person acquired a vested right before the 1987
only to the natural resources of the Philippines, but as well as the
constitution, the right shall remain in force.
cultural heritage of the Filipino people. (Manila Prince Hotel vs.
GSIS) (1999 bar)
SEA BEDS:
A portion of sea to be reclaimed cannot be sold and transfer,
Required Ownership seabeds are Inalienable land of Public domain.
Reclaimed lands can only be leased and not sold.
Foreign ownership of Public utilities
Filipino ownership: Full beneficial ownership of 60% total Exclusive Economic Zone
outstanding stock which applies separately to each class of shares. Only Filipinos can fish in our Exclusive Economic Zone
Note: A full foreign company cannot APPROPRIATE our
natural resources. A hydro-electric dam purpose is to
convert water current to electricity. Thus, if it merely utilize
resources to convert it to energy, full foreign ownership is
Acquisition of Private Lands
valid. (bar 2017) Aliens and foreign corp
Aliens are prohibited by Constitution to acquire private lands
Exploitation, development, and utilization of Natural here in PH.
resources There are two exception only:
It shall be under full control and supervision of the State. Through HEREDITARY SUCCESSION by Intestate
State may directly undertake such activities OR it may enter succession only.
into co-production, joint venture, or sharing agreements with And former Natural-born citizen can acquire, Philippine
foreign owned corporations, at least 60% Filipino-owned. Republic Act 8179 (residential property up to 1000 square
Filipino ownership: Full beneficial ownership of 60% total meters of urban land or one hectare of rural land) and
outstanding stock which applies separately to each class of shares. Batas Pambansa 185 (business property 5000 square
Further, the President of the Philippines may enter into agreements meters of urban land or 3 hectares of rural land).
with foreign-owned corporations involving technical or financial
assistance for large scale exploration, development, and utilization Note: When the private land is acquired by an alien, the
of minerals, petroleum and other mineral oils, according to term subsequent transfer of the private land to a Filipino cures
and conditions provided by law. (State to State Joint venture is the defect on prohibition of alien ownership. Thus, a valid
Prohibited. Only Filipino owned 60% with 40% foreign can be donation or sale to a Filipino will make the defect cured.
entered into joint venture.) The sale of land to an alien can no longer be annulled if it
A state corporation, may be created by a special law and laced has been conveyed to a Filipino citizen. (Bar 2002)
under the control of the president subject to the conditions by the Foreign corp can lease private lands only and cannot lease
law. public lands
Grand Father Rule
Private Corporation and Religious Corp.
Corporate layering Can own private lands only if it is at least 60% owned by
When there is a doubt as to the beneficial ownership Filipinos.
and control of a corporation, corporate layering or
grand father rule shall be applied. Lands that can be acquired thru prescription:
Agricultural lands - can be acquired thru imperfect title.
Imperfect title can be acquired thru prescription under a
Industries:
bonafide claim of ownership and the land is in possession in
Mass Media - 100% owned by Filipino 30 years.
Advertising - 70% owned by Filipino Imperfect title lands can be sold to a private corporation or
individual. Such purchase will gave the purchaser a right over
Operation of public utilities, utilization of natural resources
the land.
with agreement to State, Education - 60% owned by Filipino

Rule: Aliens may acquire EQUITY but cannot participate in the

MANAGEMENT of business in following activities: Public
utilities, Education, Advertising and mass media.

MDJ - 4
 Discussion:
LEGISLATIVE ART 6 Arnold case:
This is intrinsic in the grant to legislative power "you
May the president validly exercise emergency cannot expect Congress to pass good laws if it can't be
allowed to investigate"
powers motu prio?
Bengzon Jr. Vs Blue Ribbon Committee:
ANS: Is the power of congress to conduct an investigation in aid
No. Emergency power is merely a delegated power. of legislation absolute?
There must be a law authorizing the president to exercise NO! 3 important limitations:
emergency powers. 1. Inquiry must always be in aid of legislation
2. It must be conducted in accordance with the
SECTION 23. (1) The Congress, by a vote of two-thirds of both duly publish rules and procedures of the
Houses in joint session assembled, voting separately, shall have the congress
sole power to declare the existence of a state of war. 3. Right of the person in the inquiry must be
respected
(2) In times of war or other national emergency, the Congress Is it subject to Judicial Review or is it a political question?
As there is a limitation in this power, it follows that
may, by law, authorize the President, for a limited period and
this is not a political question. Thus, this is subject
subject to such restrictions as it may prescribe, to exercise
to Judicial review of the courts
powers necessary and proper to carry out a declared national The expanded power of the courts to review any grave
policy. Unless sooner withdrawn by resolution of the abuse of discretion amounting to lack and excess of
Congress, such powers shall cease upon the next adjournment jurisdiction.
thereof. The court may inquire if the rights of the persons
are violated or if the investigation is not in aid of
Discussion: legislation
Requisites: Here, the inquiry is for the aid of legislation whether there
is a violation of criminal laws. Is there aid of legislation? No
1. There must be war or other emergencies (covid)
there is none! The determination if there is a violation of
2. Delegation is for a limited period only criminal laws is within the courts. Not within congress.
3. Subject to restrictions that may be given by the congress There is clearly an encroachment on the judicial
4. Must always be pursuant to national policy prerogative.

Standard Charter Bank vs. Senate Committee on Banks

SCB is a foreign bank allowed to do business in PH. There
Pharmally issues: Congressional Investigation are local investors who allege that they are defrauded by
Two types of congressional investigation: the SCB. They go Senator Enrile, and Sen. Enrile delivered a
privileged speech exposing the SCB malpractices resulting
1. Inquiries in aid of legislation - Sec 21.
in fraud.
2. Question hour - Sec 22 Sen. Enrile urges the Senate Committee on Banks to
conduct an inquiry. For the purpose of determining if there
SECTION 21. The Senate or the House of Representatives or any
are loopholes in our banking laws so that remedial
of its respective committees may conduct inquiries in aid of legislation may be enacted to protect local investors.
legislation in accordance with its duly published rules of This is an AID OF LEGISLATION. The purpose is in
procedure. The rights of persons appearing in or affected by connection with the creation of law.
such inquiries shall be respected.
Legislative Contempt (2019 Bar)
When congress conducts inquiry in aid of legislation, you
SECTION 22. The heads of departments may upon their own can be cited in contempt if you do not abide to appear or
initiative, with the consent of the President, or upon the request do not answer properly.
of either House, as the rules of each House shall provide, The nature of power to contempt is judicial, the inherent
appear before and be heard by such House on any matter power of the court. The exception is legislative contempt.
pertaining to their departments. Written questions shall be How long are you going to stay in prison if you are in
contempt?
submitted to the President of the Senate or the Speaker of the
You stay in prison as long you refuse to cooperate.
House of Representatives at least three days before their Balag vs, Senate - "UNTIL the INQUIRY is
scheduled appearance. Interpellations shall not be limited to TERMINATED"
written questions, but may cover matters related thereto. When When is the inquiry terminated?
the security of the State or the public interest so requires and After the approval or disapproval of the
committee report
the President so states in writing, the appearance shall be
Upon the final adjournment of the
conducted in executive session. session of the congress

MDJ - 5
 On judicial review
Stages in treaty making process
1. There must be actual case or controversy In Pimentel v Executive Secretary
2. It must be raised by the Proper party (locus standi)
1. Negotiation
3. It must be raised at the earliest opportunity
2. Designing or the Signature
4. The issue of constitutionality is the very lis mota of the
3. Ratification
case
4. Exchange of Instrument of Ratification
In Belgica vs Ochoa
The first two are the most important When does the treaty take effect?
It takes effect after the 4th stage, exchange of
1 Actual Case or Controversy instrument of ratification. Except if there is a date set
upon.
One which involves conflict of legal rights, an assertion of
Thus, in the case of ICC,
opposite legal claims, susceptible of judicial
Negotiation - starts at Pres. Ramon
determination as distinguished from the hypothetical or
Designing or the Signature - at Pres. Erap
abstract
Ratification -
An existing case or controversy which is both ripe for
Exchange of insturment of Ratification - at Pres.
a resolution and susceptible of judicial determination
Nonoy Aquino
which is not anticipatory or which seeks to resolves a
hypothetical constitutional problem.
Thus, courts cannot resolve based on a hypothetical May the president Unilaterally withdraw
question, nor even render advisory opinion.
from a treaty, without concurrence with
the senate?
Thus, the court renders the case moot and academic,
there is no actual controversy to speak of.
ANS:
Exception to the moot and academic principle Yes, the Constitution is silent as to whether there is a
need for concurrence of Senate to withdraw from a
1. There is a grave violation of the constitution treaty. When the President withdraw from the treaty
2. The exceptional character of the situation and the and the International Body accepts it, the question
paramount public interest is involved whether the concurrence of Senate is needed becomes
3. Symbolic Function of the Supreme Court - When the moot.
constitutional issue raised requires for the formulation of
controlling principles to guide the bench, the bar and the
public. ENROLLED BILL DOCTRINE
4. The case is capable of repetition yet, evading
Enrolled bill happens when both Speaker of the House
and the President of the Senate and the certification by
secretaries of both House of Congress that the bill was
It must be raised by the Proper party passed on a CERTAIN DATE.
2 (locus standi)
When there is a conflict between dates of the ENROLLED
The petitioner must have sufficient legal standing BILL, and the President of the Philippines signed it. The
It refers to a right of appearance into a Court of Justice rule is that the Enrolled Bill becomes a law already.
on a given question.
It is a party's personal and substantial interest in a The Senate nor the House of Representative cannot
case where he has sustained a direct injury as a result invalidate the Enrolled bill due to conflict of dates. When
of a governmental act that has been being challenged. the President signed it, it becomes a law.

Two ways to invalidate the Enrolled bill that becomes a

In the case, the petitioners, when they file the petition on
law:
March 16, 2018, there was not yet official act from the
1. That there is a fraud, the bill is totally different
Senate as a body. Thus, the Senators that filed the
from what is reflected in the legislative journal
petition is not yet a proper party. They do not have yet
2. Repeal the law by creating subsequent law.
locus standi to the case.

MDJ - 6
 GENERAL APPROPRIATIONS ACT Delegation of Legislative Power
IMPORTANT RULE: Delegation of legislative power is Prohibited as general
NO MONEY CAN BE PAID OUT OF THE TREASURY rule.
EXCEPT IN PURSUANCE OF AN APPROPRIATION
MADE BY LAW. Exception:
To have a valid delegation of legislative power, the
Note:
delegation must be put into law and must passed the
Laging tandaan na lahat ng lalabas na pera sa
two test, completeness test and sufficiency standard
gobyerno ay mang-gagaling sa National Treasury at
test.
nakaayon sa isang approproations law.
Hindi pwede maglabas ng pera ang gobyerno kung
hindi naka lista ang item sa appropriations law. Completeness test
(2019 Bar) Belgica vs Ochoa a law must be complete in all its terms and
provisions when it leaves the legislature that there is
ORIGIN of Appropriations bill nothing left to the judgement of the delegate.
Note: If the delegate has discretion to make laws, the
Any appropriations bill shall be originated to the delegation is invalid.
LOWER HOUSE (HOUSE of the REPRESENTATIVES)
Sufficient standard test
To avoid unlawful legislation, there must be a
Automatic Appropriation of public funds for STANDARD which implies at very least that the
debt servicing legislature it self determine matters of principle and
Note: lay down FUNDAMENTAL POLICY.
Appropriation para sa pagbabayad ng utang ng The standard policy must map out the boundaries of
bansa the delegate's authority
This is a continuing appropriation and this is valid.
There is no Constitutional Prohibition against this Criminal Penalty
type of appropriation Fixing of criminal penalty involves the exercise of
Although no specific amounts are mentioned, the legislative power and can not be delegated. The law
amounts are certain because they can be computed penalizing an act MUST in itself PRESCRIBED the
from the books of the National Treasury. PENALTY. IT CAN NEVER BE DELEGATED!
When an enrolled bill becomes a law?
Prohibition against any religion. 1. If it is signed into law by the President
Note: 2. Vetoed by the President, but re-passed by the
The Constitution prohibits the appropriation of congress by 2/3 vote of all its members voting
public money or property, directly or indirectly, for separately.
use, benefit, of any religion. 3. President failed to act or veto the bill within 30
Remember that appropriations are only for PUBLIC days from receipt of the bill.
PURPOSE. Thus, there is no pocket veto here in the PH.
Pocket means, binulsa ni Pres, ung bill,
napabayaan. Kapag napabayaan kasi ung bill
Transfer of Appropriations within 30 days nasa pocket or lamesa lang niya,
RULE: No law shall be passed authorizing any transfer of automatic magiging batas na un.
appropriations.
Thus, bawal maglipat ng funds ng isang Immunities and Privileges of Members of
govenment body sa isang government body.
Congress
Prohibited un!!!
1. Privilege from Arrest - A Senator or Member of the
What is VALID is the AUGMENTATION of House of Representatives shall, in all offenses
APPROPRIATION. HOW? punishable by not more than six years
The President, the President of Senate, the imprisonment, be privileged from arrest. (1 st sent.,
Speaker of the House of Representative, the Sec. 11)
Chief Justice, and the heads of Constitutional 2. Freedom of Speech and Debate – No member
Commissions, may , BY LAW, be authorized to shall be questioned nor be held liable in any other
augment any item in the general appropriations place for any speech or debate in the Congress or in
law for their respective offices from SAVINGS in any committee thereof. (2 nd sent., Sec. 11)
other items of their respective approriation. This is an absolutely privileged communication
Discussion: savings is ung natirang pera nila and, therefore, not actionable even if the author
nung nakaraang taon, iauaugment nila ung acted in bad faith. (Borjal vs. CA)
appropriation para idagdag ung natitang
pera (savings) last year.
MDJ - 7
 OPERATIVE FACT DOCTRINE FOREIGN AFFAIRS
An UNCONSTITUTIONAL LAW is VOID.
Under the operative fact doctrine, the effects of an
unconstitutional law may be left undisturbed as a CONGRESSMAN SENATE
matter of equity and fair play. Cannot take active A treaty in order to be
part in the conduct of valid and binding in
DOCTIRNE OF NECESSARY IMPLICATION Foreign relations, the Philippines must
Every statute is understood, by implication, to contain, particularly in be concurred by at
all such provision as may be necessary to effectuate its entering treaties and least 2/3 vote of all the
OBJECT and PURPOSE, or to make effective rights, international members of the
powers, privileges or jurisdiction which is grants. agreements. SEANTE.

ELECTORAL TRIBUNAL The house may pass a When the act of the
resolution expressing President is not a
HRET and SRET its view on the treaty conferred within a
Shall be the SOLE JUDGE of ALL contest relating to or agreement. treaty, the Senate has
election, returns, and qualification of its members. no power to concur.
Only treaties can be
Composition concurred by the
9 members senate.
6 shall be members of the Senate (SRET) or
House (HRET) Treaty vs Agreement
3 shall be Justices, designated by the Chief Treaty:
Justice. A treaty is an international law, which we ca adopt.
If we adopt such international law, it will affect the
When to be considered as a member? rights or fundamental rights of our citizen.
There must be concurrence of: If the act of the president is an agreement with one
1. Valid Proclamation state which will not affect the rights of our citizen, it
2. Proper Oath is only a matter of executive agreement. Example of
3. Assumption of Office which is loan.
When there is proper concurrence of the 3, the Thus. if it is an executive agreement only,
person after successfully winning the election shall concurrence of Senate is not applicable.
be a member of the house.
EFFECT: Once declared to be a member, the
COMELEC losses jurisdiction over all election protest Votes needed by the Legislature
and the HRET or SRET shall begin its jurisdiction.
No appeal lies, because the Constitution made these Declaration of existence of State of War
electoral tribunals to be the sole judge of all contests
2/3 vote of all members of congress, voting
relating to the election, returns and qualifications of
separately.
their respective members (Sec. 17, Art. VI, 1987
Constitution). In the first place, appeal is not a
Tie in Presidential & Vice Presidential
constitutional right as it is not found in the Bill of
Rights; it is merely statutory, so that if there is no law Election
Majority of all the members of Houses of Congress,
that grants a person the right to appeal, he may not
Voting Separately.
appeal

Can Congress increase the Appellate

Review to the SUPREME COURT Jurisdiction of SC?
HRET and SRET ruling can be challenged to the
NO, increasing SC jurisdiction must have its ADVICE
supreme court via 65, if the electoral tribunal acted
and CONCURRENCE before Congress can act a law
with abuse of discretion.
increasing SC Jurisdction.

What is Gerrymandering
Dividing congressional district for the creation of
new district in manner to favor a particular party
or candidate.

MDJ - 8
 De Facto Officer Party List system
How to be a defacto officer?
There is a valid office Political Party to participate in Party-list
The officer holding the office is not validly elected or
appointed
A B
If no candidate in If with candidate in
RULE: legislative district legislative district
A defacto officer when holding office holds colorable election election
title
Having a colorable title, his acts are valid, his salaries Political party can Political party can
and allowances are also valid. participate as long as only participate
Thus, the de jure (bona fide officer), cannot it Must be registered through its SECTORAL
collect the salaries and allowances he did not get under party-list WING which is
when the time the de facto officer is the one system independent sectoral
holding his office. party and linked to
the Political Party
though a COALITION
Discipline Members of Congress
May the dominant political parties in the Philippines, like
IMPORTANT RULE:
the PDP-Laban, validly participate in party-list elections?
Congress can (either Senate or House) can discipline
ANS: As a rule, if they field candidates in district elections,
their members.
they may not. However, by way of exception, even if they
If a member has criminal case, it can be tried
field candidates in district elections, they may still participate
separately
in party-list elections through their sectoral wing (like labor
sector) provided that the sectoral wing is registered
Removal separately as a political party in the COMELEC and is linked to
Note:
the dominant party by way of a coalition. (Atong Paglaum,
Senators and Congressman may be removed
Inc. vs. COMELEC)
through EXPULSION for disorderly behavior, with
the concurrence of 2/3 votes of all the members of
the house which they belong. Disqualification for registration in the
Removed through ELECTION CONTEST filed with party-list system
the SRET or HRET.
The party is a religious sec or denomination
Suspension Advocates violence and unlawful means to seek it goal
Note: Foreign party organization
Suspension by the House - PENALTY to erring The organization receives support from any foreign
member government, foundation, foreign political party, whether
Suspension by law - As PREVENTIVE measure, it direct or indirect
applies to any erring officer It violates or fails to comply with laws rules and
regulation relating elections
It ceased to exist for at least one year
Prohibitions and Inhibitions of Public Office It fails to participate in the last two preceding elections or
fails to obtain at least 2% of the votes cast under the
Member's Business and Professional party list system in the last two preceding elections
Practices
The member's of the House and Senate can Banat formula:
maintain there business. Party list shall compose of 20% of all the
The member MUST make full disclosure of his
legislative seats available
business and financial interest and notify the House
of a potential CONFLICT of INTEREST if he AUTHORS 1 guaranteed seat for every party who will
a bill. have 2% votes
A member can practice law, but he cannot Additional seats shall be counted as
personally appear in Court or any quasi-judicial number of all the votes divided by the total
tribunals.
number of votes of all the party list times
number of remaining seats.

Note:
The max seat for every party list is only 3 seats

MDJ - 9
 Qualifications for election: Non- legislative powers of Legislature
1. National canvassers for President and Vice-President
On Dual Citizenship - RA 9225 2. To concur grant of amnesty
Citizenship retention and reacquisition act of 2003 3. To act as constituent assembly for revision or
amendment of constitution
4. To initiate through the House of representatives, and
Dating Natural-born, naging citizen ng ibang country through the Senate, to try all cases of impeachment
A B (2019 Bar) against the President, members of Supreme Court, and
Prior 2003 2003 the heads of Constitutional Commissions, and the
Ombudsman, for culpable violation of the Constitution,
They are deemed be They need to take out Treason, Bribery, Graft and Corruption, other high crimes,
natural born citizen of allegiance para or betrayal of trust.
magrevert back to 5. To decide whether the Resident is temporarily disabled
being natural born in the event he reassumes his office after the Cabinet, by
citizen again. majority vote of its members, declared that he is unable
Interesting case: to discharged the powers and duties of presidency.
- kapag nag oath of allegiance ka na, wag ka na gagamit
ng foreign passport mo, babalik ka sa dual citizenship mo Law making process summary
kapag ginamit mo ung passport mo, at madidisqualify ka
sa election. 1 Preparation of the Bill.
One subject one Title rule.

2 3 readings in separate days

Incompatible Office and Forbidden Office
Transmittal to the other House.
(Sec. 13, Art. VI, 1987 Constitution) 3 Bill undergoes process of adoption or amendment.
No Senator or Member of the House of Representatives may
After adoption or amendment, 3 readings in separate day
hold any other office or employment in the government, or
rule
any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations of their Conference Committee (Bicameral Committee)
subsidiaries, during his term without forfeiting his seat. (2019 4 Composed of members coming from each house.
Bar) Purpose:
Neither shall he be appointed to any office which may have To settle, reconcile, or tresh out differences or
been created or the emoluments thereof increased during the disagreements on any provisions of the bill
term for which he was elected. The Conference Committee CAN introduce new
A Member of Congress may actually be validly appointed to an provision germane to the subject matter OR create an
incompatible office, but the moment he accepts he forfeits his entirely new bill
seat in the Congress. On the other hand, with respect to a Conclusion: the committee shall submit its report for
forbidden office, he may not be validly appointed thereto, approval of both houses. No amendment is allowed in
even is he is willing to forfeit his seat in the Congress. approval.

Transmittal of the Bill to the President

3 term limit rule 5 A copy of the bill signed by Senate President and the
Speaker of the House and certified by both secretary of
Rules: each house.
3 term dapat elective sila... 3 terms means 3 times sila If the bill was signed by the President of the Philippines,
nanalo sa botohan. at dapat na serve niya ung 3 years it becomes ENROLLED BILL.
ng buo. Action by the President
6 APPROVED/SIGNED by the Pres. - Bill is assigned an RA
Rule on suspension: number. The bill is reproduced and copies are sent to
If nasuspend ung member, ung suspension niya is not the Official gazette office for publication and distribution
an interruption of his services as member of the to the implementing agencies
house. VETOED - the bill together with the message citing the
reason for the veto is transmitted to the House where it
is originated.
Loans extended to members of congress CONGRESS to override a vetoed bill - the house and
RULE: Members of the Congress are PROHIBITED from the Senate shall proceed separately to reconsider the bill
or the vetoed items of the bill.
obtaining loans from the government-owned banks
Vetoed items or the Bill shall be a law upon vote of
ONLY if it is for BUSINESS PURPOSES. 2/3 of members of each house.
Thus, kung housing, other than business purpose na
loan. pwede! 7 Effectivity:
Art 2 Civ code: Law shall take effect after 15 days following
the completion of their publication in the Official Gazette,
unless otherwise provided.

MDJ - 10
 Prohibition on RE-APPOINTMENT
Executive ART 7 Note:
Reappointment means, na-appoint ka with approval of
Succession (death, removal, vacancy) the Commission on Appointment.
Thus, kung hindi ka naman na-approve, na by passed
President
ka lang. Pwede ka pa ireappoint hanggang i
Shall be succeeded by the Vice president
approved ka ng Commission on appointment.
If the VP will be the president, he can run for the
Thus, second ad interim appointment is valid.
seat of President next election.
If na-approved ka na ng Commission on
Vice-President
appointment, dun na mag-aapply ung prohibition on
Shall be succeeded by a member of Senate or
reappointment.
House of Representative, nominated by VP
(successor-president)
Powers of the President

Cross border transfer of funds Control Power

The President exercises power of control over all
There is constitutional prohibition against the transfer executive departments and agencies, including
of appropriations to another branch of government. government owned and controlled corporations. BUT
Augmentation of Appropriation can only be made NOT control over Local government units.
from one EXISTING item to another existing item into It is within the residual powers of the President to select
the budget. who shall be allowed entry in the Philippines, specially
when the allowance of such entry posses imminent
Appointments danger to national security.
Appointments made by the President that needs The President has control over FORIEGN RELATIONS
confirmation by the Commission on Appointments:
Emergency Powers
Heads of the executive departments, ONLY the PRESIDENT and not the LGU heads who is
Ambassadors, other public ministers and consuls, authorized to exercise emergency powers, as well as
Officers of the armed forces from the rank of colonel calling out power.
or naval captain, Remember that there must be a law to which the
and other officers whose appointments are vested in President can exercise the emergency powers. The
him in this Constitution. Legislative or the congress shall delegate such
emergency powers to the President by way of creating a
(2019 Bar) law.
In session Ad Interim Requisites:
There must be war or other emergencies (covid)
Appointment while Appointment while
Delegation is for a limited period only
congress is in session congress is in recess
Subject to restrictions that may be given by the
Effective upon approval Effective immediately congress
of the Commission of upon acceptance of the
Must always be pursuant to national policy
Appointments appointee,
Effective until disapproval
of the Commission on Power to enter into Treaties
appointments or next For the treaty to be binding in the Philippines, there
adjournment of the must be concurrence of the SENATE, voting 2/3 of all its
Congress. members.
In session appointments Ad interim appointments The President has the sole power to ratify treaties
shall not assume office are permanent in nature. TREATY: involves change in national policy or it involves
until approval of the
the fundamental rights of the citizens.
Commission of
Appointments
Appointee can go back The effect of Power to enter into EXECUTIVE AGREEMENTS
to his old office acceptance to office by President's power includes conclusion of executive
because he is not the appointee is that he
agreements which are valid without the need of Senate
deemed resigned. shall be deemed resign
concurrence.
to his old position in
government. EXECUTIVE AGREEMENTS: does not involved change in
national policy nor involves fundamental rights of the
By passed = Upon adjournment of Congress, his citizens
appointment was not disapproved nor approved.
Effect: Upon adjournment, he is by passed, he shall be
released (Effectively removed) from office.
MDJ - 11
Power to enter into Foreign Loans by the President
There must be Concurrence of the MONETARY BOARD in
order that the President may contract foreign loans in
Calling out Martial law
behalf of the Philippines power proclamation
Thus, this is not like a treaty where rights of the invasion or rebellion, invasion or rebellion
people shall be affected, and in effect the when the public safety lawless violence,
concurrence of the SENATE is needed. requires it
Only the concurrence of Monetary Board and not
Senate is only needed. expressly been made political question, unless
subject to judicial review it can be shown that the
President gravely abused
his discretion in the
Calling out power of the president
exercise of said power
Whenever it becomes necessary, the President, as the
Commander-in-chief, may CALL OUT the armed forces to
aid him in suppressing lawless violence, invasion, or
rebellion.
The President may be held liable for the abuses made by
the armed forces under the doctrine of command
responsibility
Only the president has this powers. Governor or LGU is
not. (2019 Bar)

MARTIAL LAW & Suspension of Habeas Corpus Step 2: CHECK AND BALANCES
The Congress and the Supreme Court has the power to
Step 1: President's Proclamation annul the proclamation of the President.
The President under the Constitution, has the power to
motu propio (on its own discretion) proclaim martial
law. Congress power over the Proclamation
His determination is at will. To Shorten To Extend
After Proclamation, the President shall report
matter to the Congress whether personally or in The effectivity of the Martial The Congress also has
writing (both house and senate) law proclamation is only for the power to Extend
60 days, the Congress has the period with the
In session In recess the power to CUT the vote of majority of all
Pres. shall report to the Pres. shall report to the period to a shorter period, its members, voting
Congress within 48 Congress within 24 by the vote of majority of all jointly.
hours after proclamation hours after proclamation its members, voting jointly.

If the Congress does not act upon the Report of the

The effectivity of the President's proclamation is
President, the Martial Law shall end after the lapse of 60
only effective for 60 days
days.

NOTES: Supreme Court Power over the Proclamation

The President, by means of the Proclamation of martial
law, cannot suspend the Constitution or the Courts and The Supreme Court can annul the Proclamation upon a
the Legislature. granted Petition in a form of a JUDICAL REVIEW.
The President cannot also authorized the trial of A Petition for review can be filed by ANY CITIZENS.
civilians by military tribunals so long as our courts are The SC shall Determine the FACTUAL SUFFICIENCY of
open and functioning. the Proclamation
The Proclamation of Martial law does not carry with it If there is ACTUAL INVASION or REBELLION
automatically the suspension of WRIT of Habeas If PUBLIC SAFETY requires it
Corpus Period of Decision: The SC shall decided the case
Also, the Proclamation shall not deprive courts their within 30 days from filing.
power to admit persons in BAIL, when proper.

MDJ - 12
Pardoning power of the President President's Participation in Legislative
President may grant: Process
Reprieves - postponement of execution of a sentence
The President do not have a Power to refuse spending what is
(Ipoposepone ung day ng pagkakulong mo or death penalty)
in Special Appropriation Act. The President is expected to
Commutations - reduction of penalty
faithfully implement the purpose for which the Congress
Pardons - it exempts from criminal liability.
appropriated funds. Generally, he cannot replace
Remit fines and forfeitures
legislative discretion whit his personal judgement as the
After conviction by FINAL JUDGEMENT
wisdom of law.
The President can actively take part in the legislative
LIMITATION:
process. He can address Congress at any time to propose
No pardon, amnesty, parole or suspension of sentence for
laws. He can recommend General Appropriation Bill. He
VIOLATION OF ELECTION LAWS without favorable
can call a special session of Congress at an time. He can
recommendation of the COMELEC
VETO a bill. He can certify tot he necessity of the
No Pardon to following:
immediate enactment of a bill to meet a PUBLIC
Impeachment cases
CALAMITY or EMERGENCY.
Cases have not yet resulted in final conviction
Cases of Election laws
Pardon cannot absolve convict of Civil liability, only criminal President's Immunity from suit
liability
ONLY the president can invoke immunity from suit.
Cannot restore the Public office that is forfeited due to the
It can not be invoke by any other person for him
criminal liability

Presidential Communication Privilege vs

Pardon vs Amnesty
Pardon can only be given after final conviction; Amnesty can be Deliberative Process Privilege
given at anytime and even before filing of the criminal case
Presidential Communication Privilege:
Pardon looks forward; Amnesty looks backwards, as if the
Communications, documents, or other materials that reflect
accused never commit a crime
presidential decision-making and deliberation and president
Pardon is given to an individual; Amnesty is given to a class of
believes to be confidential. It applies decision making of the
Persons
president. It is subject to greater scrutiny
Pardon is given for criminal offenses; Amnesty is given for
Political Offenses
Deliberative Process Privilege:
Pardon does not require concurrence of congress, Amnesty does
Includes ADVISORY OPINIONS, recommendations, and
Pardon must be proven to court because it is a private act of the
deliberations comprising part of a process by which
President; Amnesty need not to be proven to court because it is
governmental decision and policies are formulated. It applies
a public act.
to decision making of executive officials. It is not subject to
greater scrutiny
NOTES:
Amnesty presupposes the commission of the Crime, thus,
accused cannot avail the benefits of Amnesty if he continues to
profess his innocence.
Pardon is PURELY executive act, it is not subject to JUDICIAL Prohibition against multiple positions and
SCUTINY or Judicial Review. additional compensation of CABINET
members
Executive officer and Judiciary + Executive
Cabinet members cannot hold multiple positions. And
clemency
cannot hold any other office, even private office.
The President can grant executive clemency to administrative It does not apply to a position occupied in an EX OFICIO
cases as included in his pardoning power. capacity as required by the primary functions of their
The Supreme Court on other hand, has the power of of office.
administration, supervision over all courts and its personnel Example, Secretary of Finance, he is also an ex officio
and with this power the Supreme Court can discipline erring director of Monetary Board in BSP.
Judges and members. Cabinet Member holding an ex-officio position has no right
Thus, the President CANNOT grant executive clemency to a to receive additional compensation because his service
Judge or any officers of the court, because there will be an was already paid for by the compensation attached to his
encroachment of prerogative and a clear violation of principal office.
separation of powers.

MDJ - 13
 IMPEACHMENT (2019 Bar) President's Immunity from suit
Impeachable officers: Offenses: ONLY the president can invoke immunity from suit.
President Culpable violation of the It can not be invoke by any other person for him
Vice-President Constitution,
Members of the Supreme Court Treason
Members of the Constitutional Bribery Presidential Communication Privilege vs
Commissions Graft and corruption
Other high crimes
Deliberative Process Privilege
Ombudsman
Betrayal of public trust. Presidential Communication Privilege:
Communications, documents, or other materials that reflect
PURPOSE: Not to punish but To secure the people against gross
presidential decision-making and deliberation and president
political misdemeanors. Conviction does not revent further
believes to be confidential. It applies decision making of the
prosecution and punishment.
president. It is subject to greater scrutiny

How initiated? by the filing and subsequent referral to the Deliberative Process Privilege:
Committee on Justice of: Includes ADVISORY OPINIONS, recommendations, and
deliberations comprising part of a process by which
(a) a verified complaint for impeachment filed by any Member of governmental decision and policies are formulated. It applies
the House of Representatives; or to decision making of executive officials. It is not subject to
(b) a verified complaint filed by any citizen upon a resolution of greater scrutiny
endorsement by any Member thereof; or
(c) a verified complaint or resolution of impeachment filed by at
least one-third (1/3) of all Members of the House.

Where to file? Prohibition against multiple positions and

A verified complaint for impeachment by a Member of the additional compensation of CABINET
House or by any citizen upon a resolution of endorsement by
members
any Member thereof shall be filed with the office of the
Secretary General and immediately referred to the Speaker. Cabinet members cannot hold multiple positions. And
The Speaker shall have it included in the Order of Business cannot hold any other office, even private office.
within ten (10) session days from receipt. It shall then be It does not apply to a position occupied in an EX OFICIO
referred to the Committee on Justice within three (3) session capacity as required by the primary functions of their
days thereafter. office.
Example, Secretary of Finance, he is also an ex officio
NOTES: director of Monetary Board in BSP.
Impeachment proceedings are initiated upon filing of the Cabinet Member holding an ex-officio position has no right
complaint and/or resolution and its referral to the Committee to receive additional compensation because his service
on Justice was already paid for by the compensation attached to his
No impeachment proceedings shall be initiated against the principal office.
same official more than once within a period of one (1) year
from the day impeachment complaint is referred to the
Committee on Justice
Impeachment Prosecutor. - The House of Representatives
shall act as the sole prosecutor at the trial in the Senate
through a committee of eleven (11) Members thereof to be
elected by a majority vote.
Rules of Procedure. - The Rules of Criminal Procedure under
the Rules of Court shall, as far as practicable, apply to
impeachment proceedings before the House.
Go to Art 9 sec 3 for the summary of impeachment process

Is Cronyism a ground for impeachment?

Yes. Cronyism involves unduly favoring a CRONY to the
prejudice of public interest. It will be a BETRAYAL OF PUBLIC
TRUST. Thus, it is an impeachable offense.

MDJ - 14
 "The judicial power shall be vested in one Supreme
JUDICIARY ART 8 Court and in such lower courts as may be established
by law. [It] includes the duty of the courts of justice to
settle actual controversies involving rights which are
Rule making Power of SC
legally demandable and enforceable, and to
The power of the Supreme Court to promulgate rules determine whether or not there has been a grave
concerning the protection and enforcement of constitutional abuse of discretion amounting to lack or excess of
rights, pleading, practice, and procedure in all courts, the jurisdiction on the part of any branch or
admission to the practice of law, the Integrated Bar, and legal instrumentality of the Government."
assistance to the underprivileged. (Sec. 5[5], Art. 8, 1987
Constitution)
Included in this provision is the power to promulgate rules
concerning admission to the practice of law, the Integrated In re: Art - 14 Consti
Bar, and legal assistance to the underprivileged.

Academic Freedom of Institution of Higher

Republic Act No. 7662 (Creating the Legal Learning
Education Board [LEB]) The right of a school or college to decide for itself, its aims and
Republic Act No. 7662 was enacted by Congress which created objectives, and how best to attain them free from outside
the Legal Education Board (LEB) which is attached to the coercion or interference, except possibly when the overriding
Commission on Higher Education (CHED), an office under the public welfare calls for some restraint.
executive branch, to regulate the study of law (legal Based on this definition, the “essential freedoms” subsumed
education) in the country. Did this encroach on the rule- therein are the freedom of the school to determine, on academic
making power of the SC? grounds:
ANS: In Pimentel vs. Legal Education Board, the SC clarified that 1. Who may teach;
the rule-making power of the SC applies only to admission to the 2. What may be taught;
practice of law – not admission to the study of law (legal 3. How it shall be taught and;
education). Legal education is merely an aspect of the entire 4. Who may be admitted to study
Philippine educational system and, historically, the power to
regulate the entire Philippine educational system (of which legal
education is merely an aspect thereof) has been exercised by the
political branches of the government, i.e., the Congress and the Visiting Force Agreement
executive branch, not by the Court, under the police power.
SC has the power to adopt rules of Procedure for all courts in the
Philippines. Can a Visiting Force Agreement (VFA) which has a
However, while upholding the constitutionality of R.A. No. 7662,
provision that "the custody of a U.S personnel who becomes subject to
there were certain acts of the Legal Education Board (LEB) which
criminal prosecution before a Philippine Court shall be with the US
were declared ultra vires and unconstitutional as they encroached
military authorities, if the latter so requested" in violation of the
on the rule-making power of the SC and the academic freedom of
Separation of Powers between the executive and the judiciary?
institutions of higher learning (Sec 5[2], Art XIV, 1987
Nothing in the CONSTITUTION Prohibits such agreement
Constitution).
recognizing immunity from jurisdiction. The Constitution
states that Philippine adopts the GENERALLY ACCEPETED
Particular acts of the LEB declared ultra vires and
PRINCIPLES of INTERNATIONAL LAW as art of the law of the
unconstitutional, (among others):
land. Thus, Executive agreement of such nature is beyond
the SC power to adopt rules of procedure for all courts in
Prescribing a Philippine Law School Admission Test (PHILSAT)
the Philippines.
as a “pass-or-fail” aptitude test for a student to be admitted in
a law school. This encroached on the academic freedom of
schools which includes the right of a school to determine on
academic grounds “who may be admitted to study.” What the Defining penalty for Criminal Offenses
LEB may validly prescribe is minimum requirement for
admission in a law school but it is up for a school to adopt its Defining penalty for criminal offenses involves the exercise of
own admission criteria; LEGISLATIVE POWER.
Prescribing a mandatory legal internship program to be The power of the Supreme Court to promulgate rules of
integrated in a law school’s curriculum as it encroached not Procedure is subject to the limitation that it should not modify
only on the academic freedom of schools but also on the rule- SUBSTANTIVE RIGHTS.
making power of the SC. Only the SC can promulgate rules on
limited law practice. Sec 5 art 8 - Only the SC has the power to
Prescribing mandatory requirement to teach (holder of a
promulgate its rules on pleading, practice and
master’s degree in law), and to be appointed dean (holder of a
doctorate degree in law) of a law school. Again, what the LEB
procedure in court
may validly promulgate are minimum requirements to teach Payment of legal fees is a vital component of the rules, it
law and to be appointed dean of a law school. cannot be annulled, changed or modified by the Congress.
Prescribing a mandatory continuing legal education for
lawyers. Lawyers are subject to the regulatory power of the SC
thru the IBP - not the LEB.

MDJ - 15
 Fiscal Autonomy Contempt Power
Fiscal Autonomy signifies the independence of Judiciary to utilize Anu ang contempt powers ng court?
flexibly the funds allocated to them To put any person whose conduct tends to directly or
The approved annual appropriations of the Judiciary shall be indirectly obstruct or degrade the administration of
released automatically without imposing any condition before justice, in prison.
releasing the funds. May mga nag rarally sa labas mismo ng Korte indicating that
Congress is prohibited from reducing the appropriations the Court must convict the accused. Pwede ba iapautos ng
below the amount appropriated for them on the previous judge na paalisin ung mga nag rarally?
year. Yes, pwede, under ther power of court to cite person
in contempt.
May mga publicist na nag publish ng article about the case,
Judicial Independece
can the judge punish the publicist in contempt?
POWERS which make SC Independent No. There is an absence of a clear and present danger
1. SC is a Constitutional Body and cannot be abolished by to the administration of justice. Unlike nung naunang
mere legislation tanong, nasa labas ung mga nagrarally, may clear and
2. Members of SC cannot be removed except only by present danger dun, na pwede maimpluwensyahan
Impeachment ung judge sa judgement niya. Dito naman, the article
However, this is not the case of Former Chief Justice is published, malayo sa korte ung effect ng
Sereno administration ng justice kaya walang CLEAR and
3. SC cannot be deprived of its minimum jurisdiction PRESENT na danger sa administration of justice.
prescribed in Section 5 of Art 8 of Conti. Otherwise, the law
passed by the congress limiting such jurisdiction shall be Jurisdiction
unconstitutional.
4. The Appellate Jurisdiction of the SC cannot be increased by HLURB
law without its advice and concurrence.
Meaning, in order to increase their appellate jurisdiction, it HLURB (Housing and Land Use Regulatory Board) has the
must be initiated by the SC recommending the increase to EXCLUSIVE Jurisdiction over cases involving rights of the
the congress. person over housing and real estate business.
5. SC has the EXCLUSIVE POWER to discipline Judges of lower Thus, RTC has no Jurisdiction over the case involving
courts. housing, payment of dues, rent, etc...
6. SC has administrative supervision over all lower courts and
their personnel SC cannot decide cases involving members of the
7. Members of Judiciary has security of tenure, which cannot Legislative that is suspended due to disorderly
be undermined by law reorganizing the Judiciary. behaviour
Meaning, if there is reorganization in the Judiciary, they will
Both House of Representative and Senate is the Judge to
remain employed and their position cannot be degrade.
discipline their respective members.
8. Members of Judiciary cannot be designated to any QUASI-
If one member is being disciplined, he may be suspended or
Judicial or administrative functions
worst expelled from being a member. The prerogative to
9. The salaries of Members of Judiciary cannot be decreased
discipline its members is exclusive to both houses.
during their continuance in office
Judicial review is not proper because application of such will
10. Judiciary has fiscal autonomy
be a violation of separation of powers.
11. SC has the exclusive power to promulgate rules of
pleading, practice and procedure. Period of Decision
12. ONLY the SC can assign Judges to other stations
When the Court fails to decide cases within prescribed period,
13. It is the SC who appoints all employees to the JUDICIARY.
the case is not subject to dismissal! The Court shall decide the
case even lumagpas sa prescribed period to decide.
It was held that period prescribed to decide cases is
directory and not mandatory.

Issuance of Restraining order & Injuction

The issuance of restraining order and injunction is IN AID
of JUDICIAL REVIEW.
Thus, a law prohibiting restraining order and injunction to a
certain entity is void. Otherwise, the power of Judicial review
shall be encroached by the Legislative.

MDJ - 16
 Judicial Bar and Council Judicial Power
Composition: seven individuals The Judicial Power is vested in ONE SUPREME COURT and such
1. Chief Justice as ex officio Chairman lower courts as may be established by law.
2. Secretary of Justice as ex officio member Meaning, ung pag create ng lower courts, legislative ang may
3. Representative of Congress as ex officio member power dun. Pero ung rules and procedure SC lang ang may
4. Representative of IBP (Integrated Bar) power.
5. A professor of Law
Kabisaduhin to pangsagot sa exam:
6. Retired Justice of SC
"SC has the exclusive power to promulgate rules
7. Representative from Private Sector
concerning the protection and enforcement of
constitutional rights, pleadings, practice of law, and
Term of office: 4 years
procedure in all courts."
Function:
NOTE: Congress cannot enact any law governing rules of
Principal function of recommending appointees to the
procedure of the courts.
JUDICIARY. It may exercise other functions as the SC may
assign it.
Cases:
Appropriation (budget): If Congress creates a law establishing trial by jury. Is it
SC provides appropriation of the JBC constitutional?
Unconstitutional. Again, only the SC has the exclusive
power to promulgate rules and procedure in courts. The
Judicial Service Credit Congress Interfere with the SC when they passed the law
NLRC Commissioner has the same rank, salaries and establishing trial by jury.
allowance, retirement benefits as Justices of Court of Appeals.
Judicial Service Credit is given to those in Position with the
Supreme court and lower courts.
NLRC commissioner cannot have Judicial Service credit, as he PET
is not under the Supreme Court or lower courts.
PET - Presidential Electoral Tribunal
SOLE JUDGE of ALL contest relating to election, returns,
Judicial Appointment and qualification of the PRESIDENT and Vice PRESIDENT
All appointees to CA, CTA, SANDIGANBAYAN and up to SC
PET is composed of the Chief Justice and the Associate Justices
must be all natural-born citizens
of the Supreme Court sitting EN BANC.
Tandaan, according to Art 8, it is the Judicial Bar and Council and They are all 15 members
nagbibigay ng appointment kay President, hindi ung Commission Creation of PET as body is constitutional as the members of it
on appointments, Thus, ung prohibition sa Commission on is the same as the members of the Supreme Court mandated
appointments officers ay hindi mag apply sa Judiciary. by the Constitution. Thus, it is not separate to the SC. Also its
The Constitution stated that Supreme Court Justices has no appropriation is within the appropriation of the Supreme
prohibition on midnight appointments (where the president Court having fiscal autonomy.
cannot appoint heads of state and other within 2 months
before the end of his term in office)
Other officers of courts from SC, CA to MTC judges, are to be
filled within 90 days form occurrence of the vacancy.
The President can appoint his relative to any position to the
Judiciary if the said position is screened by the JBC. Nepotism
does not apply in this case. Remember that prohibition by the
Constitution (Nepotism) against appointment by the President
of relatives within 4th degree by consanguinity or affinity does
not include appointments to the Judiciary.

MDJ - 17
 EXPANDED JURISDICTION OF SC Actual Case or Controversy
The SC has the power to REVIEW whether ANY BRANCH of the An actual case or controversy means an existing case or
Government (Legislative or Executive) who is acting with grave controversy which is both ripe for resolution and susceptible of
abuse of DISCRETION amounting to lack or excess of Jurisdiction. judicial determination; that which is not conjectural or
anticipatory, or that which seeks to resolve hypothetical or
Discussion: feigned constitutional problems.
General Rule:
All omission and action of any branch of the government is Based on this requirement, courts may not resolve
subject to Judicial review. hypothetical cases or cases based on assumptions; courts
Exception: may not even render advisory opinion (because by the very
POLITICAL QUESTIONS nature of an advisory opinion, there is no actual controversy
The SC cannot review discretions that is purely political involved). In fact, even if initially there is an actual case or
question. controversy, but if due to supervening events the case has been
Political Question is an issue where the Court cannot rendered moot and academic, the court may have to dismiss the
exercise judicial review concerning the wisdom of the petition on that consideration.
policy in question.
Political question arises when there is a question whether
the decision or discretion of the official is within his sole Moot and academic Principle
prerogative. If the discretion of the official is within the
bounds of law, it can never be question by the SC. It will be As a rule, if a case has been rendered moot and academic by
tantamount to violation of separation of powers if they do supervening events, the court will have to dismiss the case.
so. However, there are exceptions to the moot and academic
Thus, in a petition for review, there must be an principle, and these are:
allegation of abuse of discretion. A mere question of First, there is a grave violation of the Constitution;
prerogative of an officer is premature. Second, the exceptional character of the situation and the
If grave abuse of discretion is not shown, the courts paramount public interest is involved;
should not substitute their judgement for that of the Third, when the constitutional issue raised requires
official concerned and decided a matter which by its formulation of controlling principles to guide the bench,
nature of by law is for the officer alone to decide. the bar, and the public; and
If the wisdom or discretion of the public officer is Fourth, the case is capable of repetition yet evading
within the bounds of law and no abuse of discretion is review.
shown, Judicial review is not applicable.

Because of the expanded power of judicial review (2nd part), the

Legal Standing or “Locus Standi”
political question doctrine has been adversely affected; in fact, it Locus standi is a right of appearance in a court of justice on a
has been greatly diminished. Because actually nowadays, even if given question. Specifically, it is a party’s personal and substantial
the question presented before the court appears to be a political interest in a case where he has sustained or will sustain direct
question, for as long as there is sufficient allegation of grave injury as a result of the governmental act being challenged.
abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the government, the The trend nowadays is towards the liberalization of the rules
court may still intrude into those questions. on legal standing, which trend began in the case of Oposa vs.
Factoran (a leading case in environmental protection and
Cases: enforcement).
SC can review HRET/SRET decision in case of grave abuse of
discretion in its part.
SC can review GOCCs either with original charter or not.
Tax payer's suit
SC cannot review members of the Judiciary, it is within the
exclusive jurisdiction of the SC. Tax payer suit is on the premise of Locus Standi.
An act of State cannot be subject to Judicial review. Any tax paying individual can file a Petition to review the
The power of the President to not allow alien to enter the any act or law passed by the GOVERNMENT if such act or
Philippine is an act of State law pertains to expenditure of public funds and such
The power to deport aliens is an act of state funds shall be used illegally.
President to enter into an executive agreement is an act of Requisite:
state There is an act or law
The act or law will use public funds
Requisites of JUDICIAL REVIEW the use of public funds is alleged to be illegal
1. There must be an Actual Case or Controversy (involving
conflict of legal rights that is susceptible of Judicial Note: If the law requires that a private individual shall operate,
determination. there will be no public funds to be spent on the operation. Thus,
2. The Constitutional question must be raised by a Proper tax payer's suit will not prosper.
Party or has Locus Standi
3. The Constitutional question must be raised at the earliest
opportunity
The issue raised or constitutional question is the LIS MOTA
(very main issue) of the Case. Unless the court first
resolves the constitutional question raised.
MDJ - 18
 Can the SC review laws that is not yet VOTES EN BANC
effective? Members of the Supreme Court are 15
In order to have an en banc decision, there must be a quorum
Primer: The quorum required is majority of the members which is 8
Judicial review can only be availed if there is ACTUAL CASE or members
CONTROVERSY and the petitioner has Locus Standi thus, 8 members can decide on a case that is need of en banc
On Actual Controversy: decision
Actual case or controversy means there is a right that has Vote of 5 in an 8 member en banc shall validly pass a decision
been violated, the violation of such right must be actual and it THUS, 5 members of the SC can declare a law
does already prejudice or produce damage. unconstitutional.
How can a law violate a right if it is not yet effective right?
Thus, as general rule, a law which is not yet effective
does not bring about the application of Judicial review FINALITY OF DECISION in SC
HOWEVER, There is an exception:
If the the issue raised is the violation of Bill of rights, Decision is Promulgated when it is issued to the CLECK OF
the courts can review it even without actual COURT.
controversy. Mere announcement to the public that a decision has
It is paramount to public interest, transcendental been made is not final. Thus, it can be overturn by some
importance, and far-reaching Constitutional events.
importance to review issues that is in violation of Bill Until the decision is not issued to the CLERCK of COURT
of rights. the decision can still be changed.

On Locus standi:
Locus standi is the standing of the petitioner in court when it Review of Executive acts
applies for a petition for review.
In order to have a standing in court, a person must be directly Any administratively erring RTC judge or any officer of court
affected by the violation of a right. Meaning he is directly cannot be subject of Executive clemency or pardon.
prejudice with such violation tantamount to injury or damage. Commutation of the President of the penalty of erring RTC
How can a person have locus standi in court when there is judge or any court officer is subject to Judicial Review.
no violation or the petitioner is not yet directly prejudice Here, the Supreme Court is not deciding about a political
or injured? question, but a violation of the Constitution. There has
Thus, as a general rule, a law which is not yet effective, been a breach of separation of powers.
cannot bring an injury to anyone. You can not have locus Remember that is within the exclusive jurisdiction of the
standi if you are not injured. SC to supervise and discipline their personnel and Judges.
HOWEVER, There is an exception:
If the issue raised is one of the violation of BILL OF
RIGHTS, Locus standi is not a requirement
Locus standi is not required when an action was filed OMBUDSMAN & SC
to prevent chilling effect on the exercise of the right to Ombudsman has the power to investigate ANY ACT or
freedom of expression and over-breath. omission of a public official which is illegal.
It include private transactions, as long as the public officer
commits illegal act.
Thus the answer is YES!
If the bill or a law that is not yet effective violated the provision When the issue refer to the performance of duties of
of BILL of RIGHTS. The SC has the duty to settle the dispute even Judiciary personnel and Judges, it is within the sole
if there is no actual controversy. jurisdiction of SC to discipline its personnel. SC has the
And the petitioner even without locus standi can file the petition exclusive administrative supervision over all courts and its
to prevent chilling effect on the exercise of the right to freedom personnel.
of expression and over-breath. The investigation of the Ombudsman on matters of duties
of a Judiciary Personnel or Judges must be stopped and it
shall refer it to the Supreme Court.

The decision that the Condonation doctrine is abandoned is

TERM OF OFFICE prospective. It will not affect those officials reelected with
admin cases int he past. Ung batang binay aun condoned.
When a Justice turns age 70, his seat shall be automatically
(2019 Bar)
vacated. There is no right to hold over their position when
there is still no successor to be appointed.

MDJ - 19
 BILL OF RIGHTS - ART 3
Due process & equal protection
BestBarEver 2022: SECTION 1. No person shall be deprived of life, liberty, or property
Due process & equal protection, searches and seizures, Freedom of without due process of law, nor shall any person be denied the
expression, rights during expropriation equal protection of the laws.

DUE PROCESS

Substantive Procedural
Requirement for the LAW - It requires that the Requirement for the method to enforce the law - It refers
LAW must be fair, reasonable and just. to the method or manner by which a law is enforced.

NOTICE & HEARING

FAIRNESS & JUSTICE
(opportunity to be heard)

Complied by law makers Complied by Adjudicating body

Police Power Adjudicatory Power
It is the Police Power of the State to promote public welfare by The law hears before it condemns
Restraining or Regulating acts which will cause to deprive a When someone is depreive of life, liberty and property, he must
person's right to life, liberty, or property. When it deprive, be notified and be heard.
law must conform with the substantive test.

Police power are practised by creating a law. Adjudicatory power are practised by hearing those
prejudiced by the law

I. Substantive Test II. Procedural Test

Whether the lawmakers (Congress, Counsilors, rule-making In application of law, there must be opportunity to be heard and
body) has SUFFICIENT JUSTIFICATION for depriving one's life, hearing., because our law hears before it condemns
liberty and property?

Constitutional Grounds Constitutional Grounds

to challenge police power to challenge police power

1 Challenge based on validity of law on their face Challenge based on lack of Due Process

As to applcation 1. Due process requires that when a law to be published.

Facial Challenge - Permits a AS-APPLIED CHALLENGE 2. When a regulation is being issued under the quasi-legislative
party to challenge the validity – a party can question the authority of an administrative agency, the requirement of
of a statute even though, as validity of a statute only if, notice, hearing and publication must be observed.
applied to him, it is not as applied to him, it is Regulation is the law or policy passed by an
unconstitutional, but it might unconstitutional. (Locus administrative agency.
be if applied to others not standi required) Judicial Due Process:
before the court whose
a. An impartial court or tribunal clothed with judicial power to
activities are constitutionally
hear and determine the matter before it.
protected. (Locus standi not
b. Jurisdiction must be lawfully acquired over the person of the
required)
defendant and over the property which is the subject matter of
Invalidation of the statute on its face, rather than as applied, is the proceeding.
permitted in the interest of preventing a chilling effect on c. The defendant must be given an opportunity to be heard.
freedom of expression. d. Judgment must be rendered upon lawful hearing.

MDJ - 20
 As to Voidness: Administrative Due Process:
two types of law which is void on thier face a. The right to a hearing, which includes the right to present one‘s
case and submit evidence in support thereof;
Void-for-vagueness Overbreadth Doctrine b. The tribunal must consider the evidence presented;
Malabo ung batas Pinanghimasukan ng batas ung c. The decision must have something to support itself;
protected rights such as freedom d. The evidence must be substantial;
of speech e. The decision must be rendered on the evidence presented at the
It lacks comprehensible Governmental purpose hearing, or at least contained in the record and disclosed to the
standards that men of control or prevent activities parties;
ordinary intelligence will which infringes the f. The tribunal or any of its judges must act on his own independent
probably have to guess as to Constitutionally protected consideration of the facts and the law of the controversy and not
its meaning and differ in its rights found in our Bill of simply accept the views of a subordinate in arriving at a decision;
application. Rights Art 3. g. The board or body should, in all controversial questions, render its
A vague law is repugnant to The factor that motivates courts decision in such a manner that all the parties to the proceeding will
the Constitution in two to depart from the normal know the various issues involved, and the reasons for the decision.
respects: first, it violates adjudicatory rules is the (Ang Tibay vs. Commissioner of Internal Revenue, G.R. No. 46496,
due process as it fails to concern with the “chilling” February 27, 1940)
afford persons fair notice of deterrent effect of the
the conduct to avoid and overbreadth statute on third
second, it gives law parties not courageous enough
to bring suit. The Court assumes
BarQs & Cases Procedural Test
enforcers unbridled
discretion in carrying out its that an overbreadth law’s
provisions (in effect, it “very existence may cause Criminal due process
becomes an arbitrary flexing others not before the court to Accused in trial must have Adequate lawyer, if deprived, it will be
of the government’s muscle). refrain from constitutionally denial of due process
(Estrada vs. Sandiganbayan) protected speech or
The law must be utterly expression.” An overbreadth Preliminary Investigation (2016 bar)
VAGUE. ruling is designed to remove The right to be informed of the complaint and to be given the
that deterrent effect on the opportunity to raised one's defense does not apply to preliminary
speech of those third parties. investigation.
(Southern Hemisphere Preliminary investigation is merely procedural, it may be dispensed
Engagement Network, Inc. vs. with without violation the right to due process by the accused.
Anti-Terrorism Council)

Note: On overbreadth, Pano ka magkakaroon ng legal standing ehh

malabo nga ung batas, you do not know ung coverage ng batas,
Admin due process
walang particularity kung sakop ka ba or hindi nung batas, kaya kahit To reitirate, regualtion in an administrative agency, the
walang kang locus standi pwede ka ma petition on ground of requirement of notice, hearing and publication must be
Overbreadth via Facial Challenge. observed.
Overbreadth is a kind of FACIAL CHALLENGE kasi hindi mo need ng Cancellation of franchise needs prior notice & hearing
locus standi Does not require that actual taking of testimony or presentation of
In our Jurisdiction, available lang ang overbreadth sa FREE SPEECH evidence before the same officer who will decide the case. (1994
and expression cases. Bar)
Minimum requirement (Bar 1993):
Parties are AFFORDED the OPPORTUNITY to be HEARD
Decision of the Admin authority is based on SUBSTANTIAL
EVIDENCE
On labor cases, meetings in the nature of consultations nd
conferences cannot be considered as valid substitute for the
proper observance of notice and hearing.
On rates: a) provisional rate increase such as increase in the cost
of fuel without hearing is justified by urgent public needs. b) rate
order decreasing rate is a quasi-judical function that needs notice
and hearing. When it applies to a particular party and predicated
on a finding of fact partakes of nature of a quasi judicial rather
legilative function.

MDJ - 21
 2 Challenge based on Lack of standards
EQUAL PROTECTION CLAUSE
Requisites:
Constitution requires equality among equals.
a. Lawful subject: The interests of the public, in general, as
distinguished from those of a particular class, require the All persons or things similarly situated should be treated alike,
intervention of the State. both as to rights conferred and responsibilities imposed. (Ichong
b. Lawful means: The means employed are reasonably vs. Hernandez, G.R. No. L-7995, May 31, 1957)
necessary for the accomplishment of the purpose and not
unduly oppressive on individuals. Requisites for valid classification (2016 Bar)
a. It must be based upon substantial distinctions: There
A law violates substantive due process when it is unreasonable must be real and substantial differences between the classes
and oppressive. treated differently.
b. It must be germane to the purpose of the law.
c. It must not be limited to existing conditions only: The
BarQs & Cases classification must be enforced not only for the present but as
Application long as the problem sought to be corrected continues to exist.
Once a law has been declared unconstitutional, it remains d. It must apply equally to all members of the class: The
unconstitutional. A law reinstating a provision previously held as classification would be regarded as invalid if all the members
unconsitutional shall remain unconstitutional (2014 Bar) of the class are not treated similarly, both as to rights
conferred and obligations imposed.
On liberty
Philippine National Police circular which directed at the style and
Constitutional Grounds
length of male police officer's hair. moustaches, and wiasitline is to challenge police power
valid. There is legitimate interest by the State to regulate it, police
must be easily recognizable in public and must posses a clean and
neat appearance in order to be presentable and approachable. How to know if a law lacks of standards?
(2008 Bar)
Appraising the validity of government law and regulation in relation
On property to the due process and equal protection clauses invokes three (3)
Taking property (Invalid police power) levels of analysis. (2015 Bar)
To compel mall owners to provide free parking to their customers
Deferential or Do not affect
shall deprive them of their right to property. It is unreasonably
restricts the right to use their property and amounts to
A. Rational Basis Test fundamental rights
of a class
confiscation of property. (Bar 2014) There must be REASONABLE
CONNECTION between the the purpose
Not taking property (valid police power) of the law and means employed.
On Nuisance:
Nuisance per se - Extrajudicial & summary abatement is
Middle-Tier or Intermediate Does not involve
allowed
Nuisance per accidence - extrajudicial abatement is not
B. Scrutiny Test suspect classes or
There must be a Substantial fundamental
allowed, needs to be filed in court for judicial determination.
government interest and rights, but requires
note that abatement of a nuisance in exercise of police power
Unavailability of less restrictive means heightened
does not constitute taking of property and does not entitle the
scrutiny.
owner of the property involved to compensation. (2004 Bar)

Private Contract vs Law or Ordinance

Law or Ordinance prevail over contractual stipulation restricting
the use of lot to residential only.
C. Strict Scrutiny Test
Zoning ordinance is a valid exercise of police power and prevails There must be a compelling state It involves
over the contractual stipulation restricting the use of lot to interest coupled with least restrictive fundamental
residential only. means to protect such interest. Thus rights, free speech,
test is applied when the challenged right to travel.
Commission on Human Rights statute either (a) classifies on the basis of Burdens suspect
CHR is only limited to fact-finding investigations. It cannot issue an inherently suspect characteristic or classes
cease and desist order. Nor it cannot adjudicate. (2007 Bar) (b) infringes on fundamental
constitutional rights. In these situations, Suspect classification
the usual presumption of constitutionality - are not limited to
is reversed, and it falls upon the classification on race,
government to demonstrate that its alienage, national
classification has been narrowly tailored origin but could also
to further compelling governmental be applied to other
interests; otherwise, the law shall be criteria such as
declared unconstitutional for violating the religion.
equal protection clause.

MDJ - 22
BarQs & Cases Equal Protection via WARRANT
Substantial Distinction Arrest, or Searches & Seizure
An Ordinance that requires an alien to pay a work permit to secure Requisites for the Issuance of a Search Warrant or Warrant of Arrest
employment is not valid. There is no substantial distinction among (Sec. 2, Art. III, 1987 Constitution)
aliens and the citizens of the Philippines. (1989 Bar) 1. There must be probable cause;
2. To be determined personally by a judge;
Disqualification of females from practice of marine profession is in
3. After examination under oath or affirmation of the
violation of Equal Protection clause. The Classification based on
complainant (not of the accused) and the witnesses he may
sex, race, alienage, national origin, are inherently suspect, and
produce and;
must be subject to strict scrutiny test. (1987 Bar)
4. Particularly describing the place to be searched and the
Kapag may classification of suspect, strict scrutiny agad, there person or things to be seized or arrested.
must be a compelling state interest to classify and least In connection with the last requirement, consider the ruling in
restrictive means to protect the interest of the state. Stonehill vs. Diokno where the court clarified that the search
warrant or warrant of arrest must always be issued in connection
Admission to school with a specific offense; a general warrant is not allowed (because a
A rich guy refused to admit based on lack of eligibility, and a poor general warrant partakes of a nature of “fishing expedition” by the
guy admitted but lacking of eligibility is a discrimination and violate State).
the of equal protection clause, poverty is not a condition of Only a judge may issue a search warrant or warrant of arrest.
inferiority needing redress. (1987 Bar) The finding of probable cause must be done personally by the
The right to education and academic freedom is not absolute. judge. This is a judicial function. He cannot abdicate the
National Medical Admission Test (NMAT) rules disallowing flunkers performance of this function in favor of the prosecutor if he wanted
the test for a 4th time is constitutionally valid. There is a to remain faithful to the Constitution. That’s why the judge is not
substantial distinction between medical student and other bound by the finding of probable cause by the prosecutor. In fact,
students. Unlike other profession medical profession directly he should not rely solely on the finding of probable by the
prosecutor. (Soliven vs. Makasiar; Allado vs. Diokno)
affects the lives of the people. Consequence of health or death is
one of the compelling state interest. (1994, 2000 Bar)

Imprisonment
3 Warrantless
Arrest
In flagrante delicto
The imposition of subsidiary imprisonment upon a convict who is
Requisites:
too poor to pay fine violates equal protection, because economic
There must be an overt act (attempting or actually
status cannot serve as a valid basis for distinguishing the duration
commiting a crime).
of the imprisonment between a convict who is able to pay fine and
The act must be seen by the arresting officer
a convict who is unable to pay. (1989 Bar)

Probable cause arrest or Hot Pursuit

Requisites:
Rights in Seach and Seizure The arresting officer did not saw the crime
That there is a crime that just beem committed
SECTION 2. The right of the people to be secure in their persons, The person arresting has PERSONAL KNOWLEDGE of the
houses, papers, and effects against unreasonable searches and facts and circustances that the person to be arrested has
seizures of whatever nature and for any purpose shall be committed it - Probable cause of the Arresting officer.
inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge Escapee
after examination under oath or affirmation of the complainant and The person to be arrested is a prisoner or with pending case.
the witnesses he may produce, and particularly describing the place to
be searched and the persons or things to be seized.

BarQs & Cases via WARRANT

On seized items via valid warrant
Only items listed in the seized warrant can be seized. Exception is
the incidental seized illegal items due to plain view doctirne. (1990
Bar)
On placed to be searched via valid warrant
Placed searched must be the place indicated in the warrant,
otherwise, evidence collected is inadmissible. Policeman cannot
modify the place to be searched (2001 Bar)

Warrantless
BarQs & Cases Arrest
On Hot pursuit
When the officer arrested a criminal under an information
relayed to them, and such information was based on actual
witnessing of the crime or in flagrante delicto, such information
relayed to the arresting officer is equivalent to personal
knowledge base on probable cause. The information is not merely
a tip but based on actual crime committed. (2018 Bar)

MDJ - 23
 Warrantless Warrantless
8
Instances of
warrantless seach

Searches & Seizure (Bar 2000) BarQs & Cases Searches & Seizure
On applicability
Search Incidental to Lawful arrest
A mere tip from reliable source is not sufficient to justify
Requisites:
warrantless arrest or search. There must be a valid warrant or
There must be a valid arrest first either with warrant or
under a valid warratless arrest or search.
warrantless arrest. So there is a crime committed.
When there is no search warrant, or the place search is not what
The search is only limited to DANGEROUS WEAPONS and
the search warrant is stated, entry to that place will be invasion of
evidence - done for preservation of evidence and ensure
privacy and a crime under RPC Art 128. violation of domicile
there is no weapons
items seized under invalid intrusion of a house is inadmissible as
Search can be extended within the area of immediate control
evidence, it is a fruit of a poisonous tree.
If the accused is on board his vehicle, the vehicle can be
The right against unreasonable searches and seizures cannot
searched.
be invoked against private individuals. It is a right against the
If the accused house has appreciable distance from the
unlawful intrusion by the government to your person, papers
arrest, there can no extension, it is far from immediate
and effects.
control of the accused.
Thus, when a thing is searched & seized by a private
individual and found it to be illegal and then latter report
Stop & Frisk
it to the authorities. Such thing shall be admissible as
Accused is not commiting a crime
evidence because the search & seizure is not made by the
Officers have seen the accused under a sufficient suspicion
government, it was made by a private individual. (1993,
(not a probable cause) that he might do a crime. It is to
2002, 2005 Bar) (People vs Marti)
prevent a crime.
A law which authorizes police authorities to conduct test, such as
There should be "presence of MORE THAN ONE
brethallyzer test (test of drunkeness by exhaling into a device), is
seemingly innocent activity, which if taken together,
violative of the right against unreasonable searches or seizure as it
warranted a reasonable interference of criminal activity"
allows authorities to test even without probable cause. (1992 Bar)
- Totality of circumstances test
Officers detained the accused
On Search incidental to lawful arrest
The search is for dangerous weapons - preventive in nature.
The search is limited only at the time of the arrest. A lapse of
The means of searching is only by frisking (tapping the
considerable time shall invalidate the search incidental to
body), and not by intusively searching the insides of the
arrest. The search incidental to arrest has a main purpose of
body (putting the hand of officer inside the pocket of the
having the evidence that might be destroyed or conceal, and the
accused)
immediate control of the place, so that there can be no resistance
to the lawful arrest. (1987 Bar)
Plain view Doctrine
Thus, after lawful arrest there should be immediate search!
On moving vehicles & Check Points:
The law requires that there must be first a lawful arrest before a
Grule: Routine checks are only limited to visual inspection
search can be made - the process cannot be reversed.
Exceptions:
Constitutional prohibition against illegal searches and seizure does
If there is a strong suspicion that will make a probable
not apply or extend to Prisoners in prison. (1989 Bar)
cause, the officer may made extensive search.
Confiscation of Obscene materials is not protected expression.
If the person to be search CONSENTED to the extensive
However, Obscenity is an issue proper for judicial determination
serach
and should be treated in a case to case basis. It cannot be subject
Consent must be actual. Mere silence is not a
to valid warrantless search & seizure as it is not incidental to lawful
consent. Consent cannot be presummed
arrest. Thus, outright confiscation of obscene materials without
valid warrant is illegal. (2016 Bar)
Consented Search
The person to be searched has given his ACTUAL CONSENT to
On Plain view doctrine
the law enforcers.
Warrantless search of motor vehicle at checkpoints should be
Silence is not actual consent.
limited to a visual search. Its occupants should NOT be subject to a
The prosecution needs to prove with clear and convincing
body serach.
evidence that the person to be search actually consented to
Mere silence does not constitute consent for the officer to
search.
validly search inside the car. In order for an extensive search to
be valid, the officer must have PROBABLE CAUSE! (1992 Bar)
Others:
Under a valid search warrant, any other unlawful items can be
Customs search
seized under a plain view doctrine (1990 Bar)
Exigent and Emergency Circumstances
On stop & frisk
Search of vessels and aircraft
Stop and frisk applies when an officer OBSERVES SUSPICIOUS
Inspection of buildings and other premises for enforcement
activity or unusual activity which may lead to believe that a
of fire, sanitary, and building regulations
criminal act may be done. Search is limited to patting (2919 Bar)
Customs search
Under sec 2205 and 2208 of tariff and customs code, customs
Exclusionary Rule official are authorized to enter ANY WAREHOUSE not used as
dwelling, for the purpose of seizing any article which is subject to
Section 3 Paragraph 2
forfeiture. For this purpose, they do not need warrant issued by
(2) Any evidence obtained in violation of this or the preceding
courts (Viduya vs Berdiago) (1991 Bar)
section (sec. 2) shall be inadmissible for any purpose in any
proceeding.

MDJ - 24
RA 9165 - On Authorized drug testing (Search) (2016 Bar) Freedom of speech & expression
Public officials & employees - Vaild, as they are required to be
SECTION 4. No law shall be passed abridging the freedom of
accountable at all times tot he people and to serve them with
speech, of expression, or of the press, or the right of the people
utmost reponsibiity and efficiency.
peaceably to assemble and petition the government for redress of
Students of secondary and teriary schools - Valid, the reason is
grievances.
that expectation of privacy is reduced in a public place such as
school. Prior Restraint – official governmental restrictions on the press or
Mandatory testing of ALL PERSON charged with imprisonment other forms of expression in advance of actual publication or
dissemination.
punishable at least 6 years and one day - VOID, outright drug
testing by any accused shall be violative of their right to privacy. “Content-based” Restrictions on Free Speech
and “Content-neutral” Regulations

Right to travel & liberty of abode Content-Based Content-Neutral

Restrictions on free speech are It is merely directed against the
SECTION 6. The liberty of abode and of changing the same within
restrictions on the speech itself, incidents of the speech, i.e., the
the limits prescribed by law shall not be impaired except upon
or the contents of the speech. manner, the time, and the place
lawful order of the court. Neither shall the right to travel be
of the speech.
impaired except in the interest of national security, public safety, or
public health, as may be provided by law.
To justify a content-based To justify the restriction in
restriction, it is not enough that content-neutral restriction, it is
The Right to Travel In Genuino vs. Sec. De Lima, the SC declared DOJ
the State is able to point out the enough that the State is able to
Circular No. 41 (Authorizing the Secretary of Justice to issue Hold
substantive evil that it has the point out the substantive evil
Departure Orders [HDOs], Watch List Orders [WLOs], and Allow
right to prevent or suppress, but which it has the right to
Departure Orders [ADOs] unconstitutional as it violates the right to
that the substantive evil must prevent or suppress.
travel. Under the Constitution, for the right to travel to be impaired in
be of a clear-and-present
the interest of national security, public safety, or public health, there
danger type.
must be law (an act of Congress). (Sec. 6, Art. III, 1987 Constitution). A
mere administrative regulation (DOJ Circular No. 41) is not a law. Note: The clear-and-present danger test is not required in content-
There is no basis for the Department of Justice (DOJ) to issue DOJ neutral restrictions because as explained in Osmena vs. Comelec,
Circular No. 41. applying the clear-and-present danger test in content-neutral
regulations is “just like using a sledgehammer to drive a nail when all
BarQs & Cases that is required is just an ordinary hammer.” In Chavez vs. Sec. Raul
Application Gonzales, the Court clarified that we adopt the intermediate scrutiny
Liberty of abode and right to travel are not absolute rights. approach in dealing with content-neutral regulations – not the clear-and
The rights can be impaired with a lawful order of court or by a present danger test
law. (1996, 2012, 2019-SPARK, Bar) (Connect this with No Balance between unbridled expression and liberty
vaccine no ride policy) - All speeches are not treated the same. Some types of speech may
The Law to be passed must passed strict scrutiny test. There must be subjected to some regulation by the State under its pervasive
be a compelling state interest and a least restrictive means (2019 police power, in order that it may not be injurious to the equal right
Bar) of others or those of the community or society. The difference in
To Travel treatment is expected because the relevant interests of one type of
A person under an order of arrest is under restraint and therefor speech, e.g., political speech, may vary from those of another, e.g.,
can not claim the right to travel. If he jumps bail and admitted, his obscene speech. Distinctions have therefore been made in the
freedom of movement is limited and confined only within the treatment, analysis, and evaluation of the permissible scope of
Philippines. (1991 Bar) restrictions on various categories of speech. The Court ruled that in
Abode our jurisdiction slander or libel, lewd and obscene speech, as well as
Liberty of changing abode may be impaired upon a lawful "fighting words" are not entitled to constitutional protection and may
order of the court. (2012 Bar) be penalized.

Generally, restraints on freedom of speech and expression are

Right to Information evaluated by either or a combination of three tests:
SECTION 7. The right of the people to information on matters of
public concern shall be recognized. Access to official records, and (a) the dangerous tendency doctrine which permits limitations on
to documents, and papers pertaining to official acts, transactions, speech once a rational connection has been established between the
or decisions, as well as to government research data used as basis speech restrained and the danger contemplated
for policy development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
(b) the balancing of interests tests, used as a standard when courts
need to balance conflicting social values and individual interests, and
BarQs & Cases requires a conscious and detailed consideration of the interplay of
Negotiation Stage interests observable in a given situation of type of situation
Diplomatic negotiation, it is previlege and cannot be subject to
public scrutiny. The interest protected here is the national security (c) the clear and present danger rule which rests on the premise that
and the State itself. (2009 Bar) speech may be restrained because there is substantial danger that
Information on the government on negotiation stage in a the speech will likely lead to an evil the government has a right to
proprietary commercial capacity is still a previlege. The interest in prevent. This rule requires that the evil consequences sought to be
negotiation stage must be protected. It is ONLY in the FINAL FORM prevented must be substantive, "extremely serious and the degree
of the contract that the people has the right over the information. of imminence extremely high. (Chavez vs. Gonzales, G.R. No. 168338,
(2009 Bar) February 15, 2008)

MDJ - 25
BarQs & Cases Freedom of speech & expression Actual Malice: LIBEL CASES (2004 Bar)
Application A publication to be considered libelous must have a proof of
The guarantee of freedom of speech is a limitation on state and not on actual malice. Actual malice is either:
the action of private parties. Thus, when a private organization can limit 1) statement was made with knowledge that it was false
such freedom based on contact or stipulations you signed on or agreed 2) It is published with reckless disregard of whthere it was
upon. (1992, 2007 Bar) false or not.
A person protesting outside a government building with a rock in his hands If there is a proof of actual malice, he shall be liable for libel. If
and pretending to throw it in the building's premises. The person is not
no proof, not liable.
committing a crime. His freedom of speech and expression should not be
limited in the absense of a clear and present danger of a substantive evil that
Freedom of Expression feat Assembly
the state had the right to prevent. (2007 Bar)
An expression is different from assembly. There is an assembly
Facial Challenge when there is a gathering of people. A mere wearing of same color
It operates in the area of freedom of expression. A party can question the of shirts or any symbol is an exercise of expression. Regardless of
validity of a statute only if applied to him is unconstitutional. The exception is distinction, in both cases, the Constitutional guarantee includes
the facial challenge when it operates in the area of freedom of expression. freedom from restraint. As a rule, there must be a clear and present
(2015 Bar) danger in order for a these freedom be restraint by the government.
(2008 Bar)
Court's Contempt power
A publication that degrade Judiciary's trust to the public does not violate Commercial speech
freedom of expression UNLESS there is a clear and present danger of a communication which involves only the commercial interest of the
substantive evil that the Congress has a right to prevent. Furthermore,
speaker and the audience, such as advertisement. Commercial
freedom of speech should not be impaired through the exercise of the power
speech is entitled to constitutional protection. However, because of
to punish for contempt of court UNLESS the statement in question is SERIOUS
its nature, it may be reviewed by the government to protect the
and IMMINENT THREAT to the administration of justice. (2014 Bar)
Discussion: Tandaan na sa freedom of speech, Clear and present danger ang test, kapag interest of the public by preventing false and deceive claims. (2007
irerestrict or restraint ang isang CONTENT-based, then kapag naman magkakaroon ng Bar)
classification based on speech, strict scrutiny ang test, here the classification is base on a
compelling state interest. To restrict speech, there must be a law restricting it okay? otherwise,
unconstitutional na mag restrict ang gobyerno ng walang naman basehan based sa batas. Tapos
again, ung batas naman kapag mag rerestrain ng free speech need niya pumasa sa strict scrutiny
test. Right to Assembly
Government & COMELEC Is the Public Assembly Act (Batas Pambansa Blg. 880) a content-
The prohibition by the COMELEC to post stickers on a private vehicle for based restriction or content-neutral?
election purposes is unconstitutional. It curtails freedom of expression. In Bayan v. Ermita, the SC ruled that B.P. Blg. 880 (The Public
Ownership of property includes right to use. Prohibition must have a clear and Assembly Act) is merely a content-neutral restriction as it does
present danger. Deprivation of right to use a property must have due process. totally prohibit public assemblies; it merely regulates them. In fact,
(2014 Bar) there are even instances in said law that allow the holding of rallies
Government warned Radio Stations selling blocked time to attack the or public assemblies even without permit from the local authorities.
administration is a prior restraint on freedom of speech (1988 Bar) The purpose of the permit is merely regulatory.

What are the instances when one may hold a rally or public
Freedom of Religion feat. right to free speech & expression
assembly without permit from the local authorities?
When a religious organization started presenting, expressing themselves in a
1. If the rally is to held in a private place (only consent of the
television, radio, or any means of media, their belief went into the realm of
owner of the private place is required);
action. The right to act on one's religious belief is not absolute and is subject
2. If the rally is to be held in the campus of a state college or
to the police power of the State for the protection of the general welfare.
university; and
When the expression of a religious belief is harmful to the eyes of the public,
3. If the rally is to be held in a freedom park (for this reason all
the state can regulate them provided that there is a clear and resent danger of
cities and municipalities are mandated by the Public Assembly
some substantive evil which the state has the duty bound to prevent. (1998
Act (B.P. Blg. 880) to establish or designate a freedom park
Bar) Remember Prior restraint includes religious speech.
where people may hold a rally even without permit).
Political rallies during the campaign period are not governed by the
Freedom of PRESS
Public Assembly Act, but by the Omnibus Election Code (B.P. Blg.
Freedom of press includes freedom of circulation of the publications. If the
881); Picketing during labor strikes are governed by the Labor Code,
content of a publication will be restraint the state must prove that there is a not by the Public Assembly Act; holding of religious processions or
clear and present danger to restraint the contents and it must be with a law. military parades are governed by local ordinances
(2014 bar)
Heckler's veto - It occurs when the government restricts the right to speak The “Maximum Tolerance” Policy
or to express ones opinion or reaction. It is commonly resorted to to avoid This the policy of the law in dealing with rallies or public assemblies, or
expression of negativity. even in the dispersal thereof. As defined, it is the highest degree of
Television is a medium that reaches even the eyes and ears of children. There restraint that the police, the peace-keeping officers or the military must
is clear and present danger of substantive evil which the state has the duty observe in dealing with rallies or public assemblies, or even in the
bound to prevent. All television programs may be reviewed or suspend by the
dispersal thereof (B.P. Blg. 880). Under this maximum tolerance policy,
for as long as the demonstrators are unarmed, and they do not exhibit
Movie and television review and classification board (MTRCB) if according to
overt acts of violence – the police or authorities should not interfere
their review there will be a clear and present danger. (2009 Bar)

MDJ - 26
 Rights to Religion
BarQs & Cases Right to Assembly
SECTION 5. No law shall be made respecting an establishment of
On Assembly religion, or prohibiting the free exercise thereof. The free exercise
Authorities can stop marches who do not posses a permit. The and enjoyment of religious profession and worship, without
dispersement must be peaceful. (Bar 2007) The Organizaer or discrimination or preference, shall forever be allowed. No religious
leader shall be liable on the marches without permit and not the test shall be required for the exercise of civil or political rights.
members who attend the march (2006 Bar)
Requirement of permit to rally is not prior restraint. It is a lawful This is another preferred right (like freedom of expression) as it
exercise of police power to regulate time, place and manner of deals with man’s relationship with his Creator. There are three
important clauses in Sec. 5 of the Bill of Rights.
holding public assemblies and not the content of the speech itself.
The first sentence is known as the “non-establishment” clause”;
(2006 bar)
the second sentence is the “free exercise of religious profession
Denial of permit to assemble is justified only if there is clear and
and worship” clause and; the third sentence is known as the “no
present danger.
religious test” clause. Under the “non-establishment” clause, the
The limitations on assembly are: 1) it must be peaceful 2) the State is not supposed to establish any religion; it must not
assembly must have no risk or harm support one particular religion as against other religions.
If there is a risk or harm in the activity, authorities can disperse In matters of religious differences, the State enjoys no banquet of
them peacefully. The authorities must practice maximum tolerance options – neutrality alone is its fixed and immovable stance.
in dispersing the demonstrators. Only those who harm
On public employees, employees of public sector can form BarQs & Cases
unions. But they cannot go on to strike. It is fixed by law that public Non-Establishment Clause
employees cannot go to strike. The President, from his discretionary fund, gives aid to a pastor who
Public Teachers cannot claim that their right to peacebly helped him in his campaign is unconstitutional. It violates the non-
assemble and petition for redress of grievances has been establishment clause, as it supports a religion. The violates Art. 6 sec 25
curtailed becasue it its prejudicial to the best interest of their of the Constitution, the funds appropriated for a particular official shall
service to the public. They can however, exercise this right be disbursed ONLY for PUBLIC PURPOSE. (1988,1992, 2017 Bar)
without stoppage of classes. Meaning they can go to strike, Tandaan guys Public funds must be use for PUBLIC PURPOSE.
after work. Not within the hours or premises of work. (2000 Simple as that.
Bar) A law which will develop and construct a "Universal Temple for all the
World's Faiths", when completed, the site will be open, and free of
SECTION 8. The right of the people, including those employed in the charge, to ALL religions, belief, and faiths, where each believer shall be
public and private sectors, to form unions, associations, or societies accommodated and treated in a fair and equal manner, without
for purposes not contrary to law shall not be abridged. discrimination, favor, or prejudice. It violates the non-establishment
clause, the State cannot pass laws which aid one or all religions, or
prefer one religion over the other. (2016 Bar)

Privacy of Communication and correspondence Free exercise of religious profession and worship”
Convicted prisoners retains their right to free exercise of religion.
SECTION 3. Thus, if a prisoner does not allow by his religion to eat meat, the
(1) The privacy of communication and correspondence shall be Director of Prison can accommodate this belief without impact on the
inviolable except upon lawful order of the court, or when public allocation of resources of the penitentiary. (1989 Bar)
safety or order requires otherwise as prescribed by law. To compel a person to participate or expel a student by not
(2) Any evidence obtained in violation of this or the preceding participating in a FLAG CEREMONY will violate their freedom to religion.
section shall be inadmissible for any purpose in any proceeding. Remember that freedom of religion cannot be impaired without
showing of a clear and present danger of some substantive evil which
Communication & Correspondence the state has the duty bound to prevent. (1997, 2003 Bar)
An employee violates their Administrative Code by having a
Private in nature Public in nature
relationship with a married man who is not her husband, but her
Protected Not protected Religion allows members of the congregation who have been
abandoned by their respective spouses to enter marital relations under
a declaration of pledging faithfulness. This is valid. Under benevolent
neutrality, accommodation of religion may be permitted to allow
BarQs & Cases individual and groups to exercise their religion without hindrance.
The government may allow religious practices even it encroaches
Anti-wire tapping Act with the laws as long as it is not against a compelling state
What law prohibits is the overhearing, intercepting, and recording interest. (Bar 2009, 2016) (Estrada v Escritor)
or PRIVATE communication. Thus, evidence here is inadmissible. A
Communication uttered in PUBLIC places is not covered by the Freedom of Religion feat. right to free speech & expression
protection, thus, the communication ias evidence is admissible. When a religious organization started presenting, expressing
(2009 bar) themselves in a television, radio, or any means of media, their belief
Tape recording of a private conversation doen without permision went into the realm of action. The right to act on one's religious belief is
of ALL the parties to the conversation is an inadmissible evidence. not absolute and is subject to the police power of the State for the
It violates guarantee of privacy of communications. (2001 Bar) protection of the general welfare. When the expression of a religious
belief is harmful to the eyes of the public, the state can regulate them
provided that there is a clear and resent danger of some substantive
On correspondence
evil which the state has the duty bound to prevent. (1998 Bar)
An official in Executive Department (Police or any law enforcer)
Remember Prior restraint includes religious speech.
cannot interfere with the privacy of correspondence in absence of
a law or court order.
Thus, a Chief police cannot ask a postmaster to intercept a letter
and open it without order of court or law allowing him to do so.
MDJ - 27
Rights in Expropriation How to collect just compensation?

SECTION 9. Private property shall not be taken for public use On National Gov't On local government units:
without just compensation. Go to court and If the loc gov has partrimonial
petition for property, apply levy on their
Eminent domian is one of the Inherent powers of the state. It has mandamus to property.
limitations: appropriate (create If no patrimonial property, go to
1. It must be for Public use/purpose a law) necessary court and petition for mandamus to
2. Payment of just compensation funds to satisfy the appropriate (create a law) necessary
3. Subject property must be private property judgement. funds to satisfy the judgement.
4. Valid taking of subject property Notes:
5. Due process must be observed Public funds are exempt from garnishment, you cannot levy
Important limitations: National gov't property even if it was patrimonial. You can only do
1. Public Use that in local gov't (1998 Bar)
National & Local gov't cannot invoke immunity from suit when
The term public use has now been held to be synonymous they expropriate a private property, it will rendered nugatory tot
with public interest, public benefit, public welfare and public the contitutional guarantee of payment of just compensation.
convenience. (2001 Bar)
Expropriation for the purpose of declaring a private property RA 8974 instead of Rule 67 ROC shall prevail. Thus, gov't is
as part of the National Landmak is valid and for public required to make full payment before the State may exercise
purpose. The fact that religious sect and its memebrs will proprietary rights such as possession.
benefit is merely incidental. (2000 Bar) (a) Upon the filing of the complaint, and after due notice to the defendant, the
Taking of property and then trasferring it to a private person implementing agency shall immediately pay the owner of the property the amount
equivalent to the sum of (1) one hundred percent (100%) of the value of the property
under the guise of public use is not eminent domain (1987 Bar) based on the current relevant zonal valuation of the Bureau of Internal Revenue (BIR);

and (2) the value of the improvements and/or structures as determined under Section
7 hereof
In the event that the owner of the property contests the implementing agency’s
Abandonment of Intended Use and Right of Repurchase proffered value, the court shall determine the just compensation to be paid the owner
within sixty (60) days from the date of filing of the expropriation case. When the
GENERAL RULE: The property owner‘s right to repurchase the decision of the court becomes final and executory, the implementing agency shall pay
the owner the difference between the amount already paid and the just compensation
property depends upon the character of the title acquired by as determined by the court.
the expropriator, e.g. if the land is expropriated for a
particular purpose with the condition that when the Expropriation rules on local government units:
purpose is ended or abandoned, the property shall revert There must be a prior valid and definite offer before
to the former owner, then the former owner can re- expropriation proceeding can be initiated (2010 Bar) (Sec 19
acquire the property. (Mactan-Cebu International Airport Loc Gov code)
Authority vs. Court of Appeals, G.R. No. 139495, November 27, Expropriation is granted to Minicipality through creation of an
2000) Thus, no condition - can't revert back; with condition - ordinance. The governor nor the sangguniang panlalawigan has
can revert back. no power to disapprove Expropriation by the municipality in
EXCEPTIONS: their own jurisdiction. (2005 Bar)
a. If transfer is in fee simple; and
Comprehensive agrarian reform law:
b. Unconditional to the government.
There is no provision in Comprehensive Agreriam Reform Law
c. Expropriation is an in rem proceeding, and after
that requires the approval of Department of agrarian reform to
condemnation, the paramount title is in the public under a
covert agricultural land to residential land. Thus, the State, a City
new and independent title. (Republic of the Philippines vs.
or Municipality, can expropriate agricultural lands and convert
Court of Appeals, G.R. No.146587, July 2, 2002)
them to residential land without the consent of the Department
of Agrarian Reform. (1996 Bar)
2. Just compensation
Acquisition of private property for SOCIALIZED housing is for
A case for payment of just compensation is a reverse public use.
eminent domain proceeding. (2014 Bar)
Only the COURTS can DETERMINE just compensation. On National Gov't On local government units:
Its determination requires All facts as the condition of the National housing a. The order of priority in acquiring
property and its surroundings, improvements and projects has no land for socialized housing – private
capabilitie must also be considered. Thus, there is a fact priority in lands rank last in the order of
finding. (1998 Bar) expropriation lands. priority for purposes of socialized
a law or ordinance cannot state the actual amount to be housing
paid to the owner of the property, the amount needs to be b. The resort to expropriation
judicially determined by court. Court can assign proceedings as a means to acquiring
commissioner to do the determination of proper amount. it – may be resorted to only after the
Proper amount includes the full and fair equivalent other modes of acquisition are
of the property taken, it is the fair market value of exhausted (2009 Bar)
the property, including
(2009 Bar) Under REPUBLIC Act No. 7279, lands for socialized
Action to recover just compensation is imprescriptible (2014
housing are to be acquired in the following order:
Bar)
1. Government lands;
If there is an action for just compensation, you can only apply
2. Alienable lands of the public domain;
interest (legal interest of 6% [2021 legal interest] per annum),
3. Unregistered, abandoned or idle lands;
you cannot demand the return of the property if the
4. Lands within the declared Areas for Priority Development Zonal
taking was valid. (2016 Bar)
Improvement Program sites, Slum Improvement and Resettlement
Thus, delayed payment or non-payment, recovery of
sites which have not yet been acquired;
possession is not the right remedy instead apply legal
5. BLISS sites which have not yet been acquired;
interest only.
6. Privately owned lands
MDJ - 28
 Instance when the custodial investigation began:
SECTION 10. No law impairing the obligation of contracts shall be
When the person is pointed to be the suspect, the moment police
passed.
will asked him, the custodial investigation began.
Non-impairment of contracts or vested rights clauses will have to In a police line-up, in the moment a person is in the line-up of
yield to the superior and legitimate exercise by the State of the possible suspects, custodial investigation does not began
police power. (Ortigas and Co. vs. Court of Appeals, G.R. No. because the person is not yet a suspect. (2012 Bar)
126102, December 4, 2000) The moment the person is pointed to be the suspect, custodial
investigation began
BarQs & Cases
Waiver
BarQs & Cases Rights in Custodial Investigation
A film company has a contract with one of its actress. On the
duration of his contact she shall not get married and have a child, Interrogation (Investigtion) by Police Officer
otherwise she shall be liable for damages. (2013 Bar) Admission to a Police officer in order to be admissible
Civil rights are SUPERIOR than property rights. The contract of as evidence in court, he must be 1st informed of his constitutional
the actress to the film company is a property right. Thus, rights (Miranda Rights), and 2nd it must be done in presence of
enforcement of the contract to the actress impairs the the accused counsel of his choice (independent and
protected right to liberty. However, the protection is competent) and 3rd it must be written. Otherwise, admission
guaranteed only against the government. The contract is is not admissible as evidence in court. There must be
still valid. It can be enforced to the actress as it is only concurrence of the 3, absence of one will make the admission
limited to damages. (1992 Bar) inadmissible.
Admission to a Mayor, media or any private person need not
be with assitance of a counsel nor his right to be informed of
his constitutional rights, nor in writing. Thus, such admissions
may be admissible as evidence in court. It is not part of a
Rights of the Accused custodial invesigation but a voluntary statement. (2013, 1994
bar)
An officer ordering an individual to SIGN something is a tacit
SECTION 11. Free access to the courts and quasi-judicial bodies and admission of a crime and tantamount to an UNCOUNSELLED
adequate legal assistance shall not be denied to any person by extra-judicial confession. (1993, 2002, 2018 Bar)
reason of poverty.
On citing the Miranda Rights
Rights in Custodial Investigation Informing the person of the Miranda rights need not be
The Miranda rights immediately given. The citing of miranda rights as long as it is
sufficiently understood by the suspect is valid. (2009 Bar)
SECTION 12. (1) Any person under investigation for the
commission of an offense shall have the right to be informed of On Counsel of Choice (Competent & Independent)
his right to remain silent and to have competent and independent The preson's counsel of choice if not practicable, like a person
counsel preferably of his own choice. If the person cannot afford demands his lawyer from other country, can be dispensed with
the services of counsel, he must be provided with one. These rights and he shall be given an competent and independent counsel.
cannot be waived except in writing and in the presence of counsel. (2009 Bar)
(2) No torture, force, violence, threat, intimidation, or any other
In stressful conditions of custodial investigation, the suspect is
means which vitiate the free will shall be used against him. Secret
given a right to choose an INDEPENDENT counsel of his choice. If
detention places, solitary, incommunicado, or other similar forms
his counsel is dismissed by the police officers conducting the
of detention are prohibited.
investigation and give another counsel, he shall be deprived of a
(3) Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against him.
counsel. Thus, any statement the suspect produced shall be
(4) The law shall provide for penal and civil sanctions for violations inadmissible. (2005 Bar)
of this section as well as compensation to and rehabilitation of
victims of torture or similar practices, and their families. On right to remain silence
suspect has the right to remain silence, it cannot be used tacitly to
make admissions. The right against self-incrimination protects
General Inquiry A general inquiry is an inquiry that ask for matters
which are not interrogative (ask by force) in nature.
one's right to remain silent. It cannot be used against the accused.
Rights to custodial investigation is not yet (2013 Bar)
available at this moment because he is not yet a
suspect. Sole reliance to extra-judicial admission for conviction
The sole reliance of a judge in a extra-judicial admission of the
Custodial Investigation accused to convict him is not sufficient, it must be
Begins when the investigation ceases to be a general inquiry. (2019 Bar)
CORROBORATED by evidence of corpus delicti. (1988 Bar)
The person investigated becomes a SUSPECT.
A suspect is any person under investigation for a commission of a
crime. Inadmissible extra-judicial confession
If the person becomes a suspect, his constitutional rights in Failure to object in trial that the evidence is inadmissible will make
custodial investigation becomes automatically attached. He shall it admissible as to the presentation of evidence.
have the follwing rights:
Miranda Rights - to be informed of the following rights: 1.
right to remain silent, 2. that anyting said can be used as
evidence against him, 3. that he has the right to have a
counsel of his choice, and if not practicable or if he is
indigent, he shall be given one.
Rights to self-incrimintaion
MDJ - 29
Right to BAIL Right agaist self-incrimination
SECTION 17. No person shall be compelled to be a witness against
SECTION 13. All persons, except those charged with offenses
himself.
punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to BarQs & Cases
bail shall not be impaired even when the privilege of the writ of Application
habeas corpus is suspended. Excessive bail shall not be required. Right against self-incrimination REFERS to TESTIMONIAL evidence
and does not apply to object nor document evidence.
BAIL Thus, in production of public documents, right against self-
Matter of right Discretionary
incrimintaion if not available. (2010 Bar)
Available to aliens (2014 Bar)
Not reclusion perpetua, death Reclusion Perpetua & higher + Available in administrative investigation & proceedings (1988 Bar)
and life imprisonment + before Guilt of evidence is strong (2009
An order to produce sample of Hand writing involves use of
conviction or on appeal Bar)
intellectual faculties, it is tantamount to compulsory
Bail as a matter of discretion can be denied outright if there is testimonial incrimination. (2006 Bar)
presence of "bail negating circumstances" such as:
Flight risk, multiple offender, escapee, undue risk that he may When to invoked? (1990 bar)
commit another crime during pendency of appeal, violated Criminal proceedings - at any stage of proceeding & you can refuse
conditions on pardon to take the witness stand
If no presence of bail negating circumstances, it must be heard! Civil proceedings - take the witness stand and raised your right
The judge has the ministerial duty to hear the motion of the against self-incrimination.
accused. In hearing the motion to bail, If the evidence of guilt is
Admin proceedings - when penal in character, you can refuse to
strong - no bail, but if the evidenc eof guilt is not strong - accused
take witness stand
can post bail.
Why was Senator Enrile allowed to post bail despite the fact that
RA 9165 - Dangerous Drug Act
he was charged with plunder, punishable by reclusion perpetua?
RA 9165 only allows the conduct of urine test only for the persons
ARRESTED for acts prohibited under it.
That is because he was able to prove, to the satisfaction of the
court, that once granted bail: (1) he will not be a flight risk, or a It does not cover any other unlawful act. Only acts which are
danger to the community and, (2) there exist special, prohibited by the dangerous drug act. In addition, right against
humanitarian and compelling circumstances that will justify self-incrimination is not violated, as it is only available in
the grant to him. After all, the purpose of the bail is to insure the uttering words.
presence of the accused during trial, or as ordered by the court.
Apparently, this ruling in Enrile vs. Sandiganbayan followed the Double Jeopardy
ruling in Government of Hongkong Special Administrative Region vs. SECTION 21. No person shall be twice put in jeopardy of
Judge Olalia (2007) where the Court allowed an extraditee to post punishment for the same offense. If an act is punished by a law
bail in an extradition case provided that he was able to prove that and an ordinance, conviction or acquittal under either shall
once granted bail he will not be flight risk or a danger to the constitute a bar to another prosecution for the same act.
community and, that there exist special, humanitarian and
compelling circumstances that will justify the grant of bail to him by
a clear and convincing evidence. BarQs & Cases
Application
BarQs & Cases Double Jeopardy - upon a acquittal or conviction, with valid complaint,
before a competent court, a valid plea was entered by the accused, and
On application
the acquittal and conviction is without express consent of the accused.
A law denying persons charged with crimes punishable by reclusion
The exception that the accused must without express consent are:
perpetua or death the right to bail is Unconstitutional. It deprives the
1. Demurrer to evidence; 2. Dismissal due to speedy trial; 3.
accused under the Art 3 Sec 13 of the Constitution the right to bail
Discharge as state witness. (1999, 2019 Bar)
(Matter of right or discretionary - with hearing) (2006 Bar)
Aliens are covered (1998 Bar)
There is no double jeopardy when two offenses is not identical such as
Appellate Court
when the crime falls under separate chapter in RPC, one is by dolo and
If the decision of the trial court makes the offense from non-bailable to
the other is by culpa. (1993 Bar)
bailable, the applicaiton of bail in the appellate court is discretionary
If an act is punished by a law and an ordinance, conviction or acquittal
(2005 Bar)
under either bars another prosecution for the same act (1997, 2002
Bar)
Accused is a Minor
Military Courts
When the accused is a minor and his crime is punishable by reclusion
Decisions of acquittal by a Military court which is COMPETENT and
perpetua and up, his right to bail is a matter of right because by
under a lawful authority, cannot be subsequently tried in a civil court.
operation of law a minor under RPC is entitled to privilege mitigating
(Crisologo v People) (2018 Bar)
circumstance and it will lower his penalty to one degree. (2005 Bar)
However, when the minor is penalized under a special law, he can
Admission of act with SELF-DEFENSE
not by operation of law avail his right to bail as a matter of right
When the accused pleads guilty and submits evidence of self-defense
because privilege mitigating is not available to special laws which
and acquitted. The right against double jeopardy attaches. (2008 Bar)
nomenclature of penalty is different from RPC. Futhermore, by
applying pro reo doctrine, still the bail should be a matter of right.
Consented Abduction and Qualified Abduction is not identical
(2005 Bar)
(1999 Bar) Consented abduction is done with consent by the offended
party. On other hand, qualified abduction is done through abuse of
On deportation proceeding
authority, confidence or relationship.
deportation procedding is not in nature a criminal action, bail cant be
availed of. (1989 Bar)
MDJ - 30
Criminal due process & presumption of innocence Non-imprisonment for non payment of debt
SECTION 14. (1) No person shall be held to answer for a criminal SECTION 20. No person shall be imprisoned for debt or non-
offense without due process of law. payment of a poll tax.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and BarQs & Cases
cause of the accusation against him, to have a speedy, impartial, Violation of trust receipts law is an offense different from
and public trial, to meet the witnesses face to face, and to have obligation to pay debt. It does not violate the constitutional right
compulsory process to secure the attendance of witnesses and the against imprisonment fro non payment of debt. (1993 Bar)
production of evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is SECTION 22. No ex post facto law or bill of attainder shall be
unjustifiable. enacted.

BarQs & Cases

REMEDY FROM STATE ABUSE
The presumption of innocence stands until the contrary is proven.
The contrary can only be proven after the decision of the trial Writ of AMPARO
court has been made. (2014 Bar) Section 1. Petition. -The petition for a writ of amparo; is a remedy
Conflict of presumptions: If there is a presumption by law, the available to any person whose right to life, liberty and security is
accused which has the presumption of innocence must rebut. violated or threatened with violation by an unlawful act or
If the accused do not rebut and the evidence against him is omission of a public official or employee, or of a private
strong, he is more likely to be convicted. individual or entity. The writ shall cover extralegal killings and
enforced disappearances or threats thereof.
This writ is an extra-ordinary and independent remedy that
SECTION 15. The privilege of the writ of habeas corpus shall not be provides rapid judicial relief, as is partakes of a SUMMARY
suspended except in cases of invasion or rebellion when the public PROCEEDING and requires ONLY SUBSTANTIAL EVIDENCE to make
safety requires it. interim and permanent reliefs to the petitioner.
It serves both preventive and curative reliefs addressing
SECTION 16. All persons shall have the right to a speedy disposition extrajudicial abduction and torture.
of their cases before all judicial, quasi-judicial, or administrative When writ of amparo was already granted, there is no more need
bodies. for temporary protection order, because writ of amparo entails the
protection of aggrieved party.
The writ can be availed of kahit na private individual ung nag
Involuntary servitude
kuha sa tao - enforced disappearance.
SECTION 18. (1) No person shall be detained solely by reason of his
political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.

BarQs & Cases

A retired stenographer was ordered by the CA to transcribed her
notes. Non-compliance with CA order may put him under
contempt because of disobedience to court order. This is not
covered by prohibition against involuntary servitude. The Court
has inherent power to to issue such orders necessary for the
administration of Justice. The CA may order the transcription of
the notes even fif he is no longer in the service. (1993 Bar)

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.

MDJ - 31
 This statement contains the two basic elements of
Public International Law custom: the material factor, that is, how state behave,
and the psychological or subjective factor, that is, why
they behave the way they do.
Sources of International Law A practice to be general must adhere to by majority
(Article 38, Statute of the International Court of Justice) of "specially affected states". Thus, customary law
Primary sources of international law: may even bind only two states.
Conventions (or Treaties) There is no requirement on how long the practice
International Customs should be, the test is the practice must be both
General Principles of Law observed by Civilized Nations extensive and virtually uniform.
Subsidiary sources of international law: Generally accepted principles of international law
Judicial Decisions includes INTERNATIONAL CUSTOMS and GENERAL
Teachings of the most authoritative publicists of the PRINCIPLES OF LAW.
various nations Thus, International customs, by mere constitutional
declaration is deemed to have force of domestic law.
With respect to treaties or conventions, under the Vienna
Convention on the Law on Treaties, a treaty that violates a Relationship with Domestic Law
jus cogens norm should be invalidated.
Under the 1987 Constitution, International law
Jus cogens literally means “compelling law.”
becomes part of the domestic sphere either by
A jus cogens norm is a peremptory (mandatory) norm of
incorporation or transformation
general international law recognized and accepted by the
international community of States as a whole as a norm
that does not permit of any derogation and which can be Doctrine of Incorporation
modified or replaced only by a subsequent norm of International law adoption by mere constitutional
general international law of the same character. Examples: declaration
the prohibition against the use of force under the UN
Art II. Sec 2. The Philippines renounces war
Charter; the law on genocide. (2019 Bar)
as an instrument of National Policy, ADOPTS
Between an obligation of a State towards another State in a THE GENERALLY ACCEPTED PRINCIPLES OF
treaty and an erga omnes obligation, the latter must prevail. INTERNATIONAL LAW AS PART OF THE
LAW OF THE LAND and adheres to the
Erga omnes literally means “in relation to the whole.” An
policy of peace, equality, justice, freedom,
erga omnes obligation is an obligation of a State towards
cooperation, and amity with all nations.
the international community of States as a whole. Hence, it
is superior over an obligation of a State towards another With respect to international customs and general
State in a treaty. principles of laws observed by civilized nations, they
become part of Philippine laws by the doctrine of
“pacta sunt servanda.” incorporation as expressed in Sec. 2, Art. II of the
One of the oldest principles of international law which by
Constitution which provides that the Philippines
the doctrine of incorporation automatically forms part of
adopts the generally accepted principles of
our laws is “pacta sunt servanda.” (Treaties must be
international law as a part of the law of the land.
observed, or must be complied with, in good faith.) Under
(Pangilinan vs. Cayetano)
this rule, a State that enters into treaty with other States,
Generally accepted principles of International law
may not advance the provisions of its constitution or of its
refer to norms general or customary international law
laws in order not to comply with its obligations under that
which are binding to all States, e.i, renunciation of
treaty; in fact, under this rule, a State is bound to make
war as an instrument of national policy, the principle
the necessary changes or modifications in its laws in
of sovereign immunity, a person's right to life, liberty
order to comply with its obligations under a treaty.
and due process, and pact sunt servanda, among
(Tanada vs. Angara)
others.
Customary International law Doctrine of Transformation
Means a general and consistent practice of states
followed by them from a sense of legal obligation International law adoption by constitutional
(opinio juris). mechanism
Customary Int. law consist of unwritten rules evinced from With respect to treaties, they become part of
generality and consistency and uniformity of practices of Philippine laws by the doctrine of transformation
STATES and adhere to by such states by opinio juris or out because of Sec. 21, Art. VII of the Constitution which
of a sense of obligation substantially provides that for a treaty to be valid
and binding upon the Philippines, it will require
DOCTRINE OF AUTO-LIMITATION – the Philippines cannot concurrence by two-thirds vote of all the members
enact or adapt laws which will circumvent or contravene of the Senate.
international laws.
MDJ - 32 - END -