POLI

LAW
 I. BASIC CONCEPTS UNDER THE 1987 CONSTITUTION
POLITICAL LAW → branch of public law which deals with the organization and operation of the governmental
organs of the State and defines the relations of the State with the inhabitants of its territory.

CONSTITUTIONAL LAW → The study of the maintenance of the proper balance between authority as represented
by the 3 inherent powers of the State and liberty as guaranteed by the Bill of Rights.

1987 PHILIPPINE CONSTITUTION → The written instrument by which the fundamental powers of the government
are established, limited and defined, and by which these powers are distributed among the several departments
or branches.

Essential Parts of the Philippine Constitution

a. Constitution of Government → The provisions with the framework of government and its powers, laying
down certain rules for its administration and defining the electorate.
b. Constitution of Liberty → The provisions that set forth the fundamental rights of the people and imposing
certain limitations on the powers of the government as a means of securing the enjoyment of these rights.
c. Constitution of Sovereignty → The provisions on the mode or procedure for amending or revising the
constitution.

Interpretation/Construction of the Philippine Constitution

1. Verba Legis → Wherever possible, the words used in the Constitution must be given their ordinary
meaning except where technical terms are employed.
2. Ratio Legis est Anima → Where there is ambiguity, the words of the Constitution should be interpreted in
accordance with the intent of its framers. (records, deliberations)
3. Ut magis valeat quam pereat → The Constitution is to be interpreted as a whole.

Doctrine of Constitutional Supremacy

Since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every
statute and contract. Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the
Constitution, that law or contract is null and void and without any force and effect.

PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
1. build a just and humane society, and
2. establish a Government that shall
a. embody our ideals and aspirations,
b. promote the common good,
c. conserve and develop our patrimony, and
d. secure to ourselves and our posterity, the blessings of independence and democracy under
i. the rule of law and
ii. a regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.

NOTES:
• The Preamble is not a source of rights or obligations. It sets down the origin, scope, and purpose of the
Constitution. It is useful as an aid in ascertaining the meaning of ambiguous provisions in the Constitution.
• Re: Letter of Tony Q. Valenciano, re: Holding of Religious Rituals at the Halls of Justice Building in QC
The State still recognizes the inherent right of the people to have some form of belief system, whether such
may be belief in a Supreme Being, a certain way of life, or even an outright rejection of religion. Our very own
Constitution recognizes the heterogeneity and religiosity of our people citing the Preamble.
• Imbong v. Ochoa
The preamble of the present Constitution includes “imploring the aid of Almighty God” manifesting the
Filipino people’s spirituality innate in our nature and consciousness as a people, shaped by tradition and
historical experience. As this is embodied in the preamble, it means that the State recognizes with respect the
influence of religion in so far as it instills into the mind the purest principles of morality.

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A. DECLARATION OF PRINCIPLES AND STATE POLICIES
1. STATE - refers to a
a. community of persons, more or less numerous,
b. permanently occupying a definite portion of territory,
c. independent of external control, and
d. possessing an organized government to which the great body of inhabitants render habitual
obedience.

Elements of a State
a. PEOPLE - A community of persons sufficient in number and capable of maintaining the continued
existence of the community and held together by a common bond of law.
b. TERRITORY - is the fixed portion of the surface of the earth inhabited by the people of the state.
c. SOVEREIGNTY - The supreme and uncontrollable power inherent in a State by which that State is
governed.
i. Legal Sovereignty - is the supreme power to affect legal interests either by legislative,
executive or judicial action. This is lodged in the people but is normally exercised by state
agencies.
ii. Political Sovereignty - sum total of all the influences of a State, legal and non-legal which
determine the course of law.
iii. Imperium - This is the authority possessed by the State embraced in the concept of
sovereignty.
iv. Dominium - Capacity of the State to own property.
v. Jurisdiction - is the manifestation of sovereignty. The jurisdiction of the state is understood
as both its authority and the sphere of the exercise of that authority.
vi. Concept of Auto Limitation
Any state may, by its consent, express or implied, submit to a restriction of its sovereign
rights. There may be thus a curtailment of what otherwise is a power plenary in character. It
is the property of a state-force due to which it has the exclusive capacity of legal self-
determination and self-restriction. A state then, if it chooses to may refrain from the
exercise of what otherwise is illimitable competence.

d. GOVERNMENT - That institution or aggregate of institutions by which an independent society makes

and carries out those rules of action which are necessary to enable men to live in a social state, or
which are impose upon the people forming that society by those who possess the power or authority
of prescribing them.
i. Administration- consists of the set of people currently running the institution.
Functions of the Government
1. Governmental (Constituent) - are the compulsory functions which constitute the
very bonds of society.
2. Proprietary (Ministerial)—optional functions of the government for achieving a
better life for the community.
ii. De Jure Government- one established by authority of the legitimate sovereign.
iii. De Facto Government- one established in defiance of the legitimate sovereign.
Kinds of De Facto Government
a. That government that gets possession and control of, or usurps, by force or
by the voice of the majority.
b. That which is established and maintained by invading military forces.
c. That established as an independent government by the inhabitants of a
country who rise in insurrection against the parent state.
iv. Presidential government – its principal identifying feature is what is called the “separation
of powers.” Because of the prominent position, however, which the system gives to the
President as chief executive, it is designated as a presidential form of government.

!!! Province of North Cotabato vs. GRP

The MOA-AD cannot be reconciled with the present Constitution and laws. The associative
relationship envisioned between the GRP and the BJE is unconstitutional because this
concept presupposes that the associated entity is a state and implies that the same is on its
way to independence.

The BJE is a state in all but name as it meets the criteria of a state laid down in the Montevideo
Convention – permanent population, defined territory, government and capacity to enter into
relations with other states. This runs counter to the national sovereignty and territorial
integrity of the Republic.

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 2. CONSTITUTIONAL AUTHORITARIANISM - as understood and practiced in the Marcos regime under the
1973 Constitution, was the assumption of extraordinary powers by the President, including legislative and
judicial and even constituent powers.
3. INTERNATIONAL LAW- deals with the conduct of states and of international organizations and with their
relations inter se, as well as with some other relations with persons, natural or juridical.
4. FAMILY- means a stable heterosexual relationship. The family is not a creature of the State.

Legal Value of Article II

The Declaration of Principles and State Policies is a statement of the basic ideological principles and policies that
underlie the Constitution. The provisions shed light on the meaning of the other provisions of the Constitution and
they are a guide for all departments of the government in the implementation of the Constitution.

GR: The provisions of the Constitution are considered self-executing, and do not require future legislation
for their enforcement. For if they are not treated as self-executing, the mandate of the fundamental law can
be easily nullified by the inaction of Congress.

EXP: However, some provisions have already been categorically declared by this Court as non self-executing.
The sections found under Article II of the 1987 Constitution as non-self-executing and ruled that such
broad principles need legislative enactments before they can be implemented.

PRINCIPLES
Section 1. Philippines as a Democratic and Republican State
The Philippines is a democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them.

PRINCIPLE OF REPUBLICANISM → a republican government is a representative government run by the

people and for the people.

REPUBLICAN STATE - is a state wherein all government authority emanates from the people and is
exercised by representatives chosen by the people.

DEMOCRATIC STATE - In the view of the new Constitution, the Philippines is not only a representative or
republican state but also shares some aspects of direct democracy such as “initiative and referendum”.

Co Kim Cham v. Valdez Tan Keh, 75 PHIL 113 (1945)

Governments by the Philippine Executive Commission and the Republic of the Philippines during the Japanese
military occupation being de facto governments, it necessarily follows that the judicial acts and proceedings of the
courts of justice of those governments, which are not of a political complexion, were good and valid, and, by virtue
of the well-known principle of postliminy (postliminium) in international law, remained good and valid after the
liberation or reoccupation of the Philippines by the American and Filipino forces under the leadership of General
Douglas MacArthur.

Section 2. Generally Accepted Principles of International Law

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation and amity with all nations.
• What is renounced is an aggressive war, not a defensive war.
• Equal Standing of International Law and Municipal Law
In states where the constitution is the highest law of the land, such as the Republic of the Philippines, both
statutes and treaties may be invalidated if they are in conflict with the constitution. The fact that international
law has been made part of the law of the land does not by any means imply the primacy of international law
over national law in the municipal sphere.
• Soft Law
Soft law’ such as resolutions and guidelines, which are not legally binding, but of persuasive value,
especially in guiding member states in their interpretation and application of international human rights
protection regimes.

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 Doctrine of Incorporation vs. Doctrine of Transformation

DOCTRINE OF INCORPORATION DOCTRINE OF TRANSFORMATION

Under this doctrine, a State is, by reason of its The transformation method requires that an
membership in the family of nations, bound by the international law principle be transformed into
generally accepted principles of international law, the domestic law through a constitutional
same being considered as part of its own laws. mechanism, such as local legislation.

By express provision of Sec. 2, Article II of the 1987 Pharmaceutical and Health Care Association of
Constitution, generally accepted principles of the Philippines vs. Duque III
international law are part of the law of the land. WHA Resolutions are merely recommendatory
and legally non-binding (soft law).
• Provisions of the International Code of
Marketing of Breast Milk Substitutes
(ICMBS) were enacted by the legislature
thru the Milk Code → legally binding
• HOWEVER, the subsequent WHA
Resolutions, specifically providing for
exclusive breastfeeding from 0-6 months
and absolutely prohibiting
advertisements and promotions of breast
milk substitutes, have not been adopted as
a domestic law → thus, not legally
binding.

Section 3. Civilian Supremacy and AFP Role

Civilian authority is, at all times, supreme over the military. The armed forces of the Philippines is the protector
of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
• This is institutionalized by the provision which makes the President, precisely as a civilian, Commander-in-
Chief of the armed forces.

Section 4. Duty of Government to the People

The prime duty of the Government is
(1) to serve and
(2) to protect the people.
The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military or civil service.

Section 5. Maintenance of Peace and Order

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

Section 6. Separation of Church and State

The separation of Church and State shall be inviolable.
• Non-establishment of Religion
• Free Exercise of Religion

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

Section 8. Freedom from nuclear weapons

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear
weapons in its territory.
• The policy includes prohibition not only of the possession, control and manufacture of nuclear weapons, but
also nuclear arms tests.
• As exception, it may be justified by the demands of the national interest. It does not prohibit peaceful uses of
nuclear energy.

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Section 9. Social Order
The State shall promote a just and dynamic social order that will ensure the prosperity and independence of
the nation and free the people from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.

Section 10. Social Justice

The State shall promote social justice in all phases of national development.
• Social Justice – it is neither communism, nor atomism, nor anarchy, but the humanization of laws and the
equalization of social and economic forces of the State so that justice in its rational and objectively secular
conception may at least be approximated.

Section 11. Personal Dignity and Human Rights

The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. Family Life; Mother; Unborn

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of
moral character shall receive the support of the Government.
• Imbong v. Ochoa, GR 204819, April 8, 2014
The RH Law does not violate the right of an unborn child. The question of when life begins is a scientific and
medical issue that should not be decided without proper hearing and evidence. The framers of the
Constitution intended “conception” as “fertilization” and protection is given upon “fertilization.” Not all
contraceptives are banned. Only those that kill or destroy the fertilized ovum are prohibited. The intent of
the framers was to prevent the Legislature from passing a measure that would allow abortion.

Section 13. Vital Role of Youth

The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical,
moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.

Section 14. Role of Women and Equality of Men and Women

The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the
law of women and men.

Section 15. Right to Health [self-executing]

The State shall protect and promote the right to health of the people and instill health consciousness among
them.
• Imbong v. Ochoa
The RH Law does not violate S15. It does not do away with RA 4729 (Regulation of Contraceptive Drugs and
Devices) and RA 5921 (Regulation of Pharmacy) – laws that prohibit the sale and distribution of
contraceptives without prescription,

Section 16. Right to a Balanced and Healthful Ecology

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
• This is an enforceable right.
• PRECAUTIONARY PRINCIPLE
When human activities have an environmental effect that may lead to
(1) threats to human life
(2) inequity to present or future generations, or
(3) prejudice to the environment without legal consideration of the environmental rights of those
affected, although there is a lack of full scientific certainty in establishing a causal link thereto,
the court shall apply the precautionary principle in resolving the action to avoid or diminish that threat,
inequity or prejudice. The benefit of any doubt shall be given to the constitutional right of the people to a
balanced and healthful ecology.

Section 17. Education, Science and Technology, Arts, Culture and Sports
The State shall give priority to education, science and technology, arts, culture and sports to
• foster patriotism and nationalism,
• accelerate social progress, and
• promote total human liberation and development.
• Philconsa v. Enriquez
S5, Art14 which provides for the highest budgetary priority to education is merely directory.

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Section 18. Labor Protection
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their
welfare.

Section 19. Self-Reliant and Independent National Economy

The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
• Pharmaceuticals v. Duque, Oct 9, 2007
Free enterprise does not call for the removal of protective regulations.

Espina vs. Zamora

The Retail Trade Liberalization Act which allowed foreign nationals to engage in retail trade business in the
Philippines is constitutional. The mandate for the State to develop a self-reliant and independent national
economy effectively controlled by Filipinos is not self-executory. The control and regulation of trade in the
interest of public welfare is of course an exercise of police power of the State. The law itself has provided
strict safeguards on foreign participation in that business.

Section 20. Role of Private Sector

The State recognizes the indispensable role of the private sector, encourages private enterprises and provides
incentives to needed investments.

Section 21. Promotion of Comprehensive Rural and Agrarian Policy

The State shall promote comprehensive rural development and agrarian reform.
• RA 6657 provides that private agricultural lands can be taken from their owners subject to the prescribed
retention limits. SC rules this is constitutional. The taking contemplated is not a mere limitation of the use of
the land. What is required is the surrender of the land and the physical possession of the land in excess of the
retention limit and all the beneficial rights accruing to the owner in favor of the farmer beneficiary.

Section 22. Promotion of Rights of Indigenous Cultural Communities

The State recognizes and promotes the rights of indigenous cultural communities within the framework of
national unity and development.

Section 23. Community-Based Private Organizations

The State shall encourage non-governmental, community-based, or sectoral organizations that promote the
welfare of the nation.

Section 24. Vital Role of Communications

The State recognizes the vital role of communication and information in nation-building.

Section 25. Local Government

The State shall ensure the autonomy of local governments.
• Belgica v. ES, 2013
With PDAF, a Congressman can simply bypass the local development council and initiate project on his own.
Thus, insofar as individual legislators are authorized to intervene in purely local matters and thereby subvert
genuine local autonomy, the 2013 PDAF Article and similar forms are deemed unconstitutional.

Section 26. Equal Access to Political Opportunities and Political Dynasties

The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as
may be defined by law.
• Our Constitution does not guarantee equality of all the citizens of the Republic. What our Constitution
guarantees is only equality of opportunity.

Section 27. Honesty and Integrity in Public Service

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

Section 28. Full Public Disclosure

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

Executive Privilege
The right of the President and high-level executive branch officials to withhold information from Congress, the
courts, and ultimately, the public”. The claim of executive privilege is highly recognized in cases where the subject of
the inquiry relates to a power textually committed by the Constitution to the President, such as in the area of military
and foreign relations.

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B. NATIONAL TERRITORY
The national territory comprises
1. the Philippine archipelago,
2. with all the islands and waters embraced therein, and
3. all other territories over which the Philippines has sovereignty or jurisdiction,
a. consisting of its terrestrial, fluvial and aerial domains,
b. including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.

Definition of Terms
1. Philippine Archipelago: The body of water studded with islands which is delineated in the Treaty of Paris,
as modified by the Treaty of Washington and the Treaty of Great Britain.
2. “All other territories over which the Philippines has sovereignty or jurisdiction”: Includes any territory
which presently belongs or might in the future belong to the Philippines through any of the internationally
accepted modes of acquiring territory. This includes Batanes Islands, Sabah, the Marianas and Freedomland.
3. Terrestrial Domain: refers to land mass, which may be integrated or dismembered, or partly bound by
water or consist of one whole island.
4. Fluvial Domain: refers to water mass which includes internal waters, territorial sea, seabed, subsoil, insular
shelves, exclusive economic zone, and other submarine areas.
5. Aerial Domain: refers to airspace above the land and waters of the state.
6. Territorium Nullius: Territory of no one, a territory which is the land of no State.
7. Archipelagic Principle: this concept is meant that an archipelago shall be regarded as a single unit, so
that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth
and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty.
The straight baseline method of delineating the territorial sea is the one applied. It consists of
drawing straight lines connecting appropriate points on the coast without departing to any
appreciable extent from the general direction of the coast. These baselines divide the internal waters
form the territorial waters of an archipelago.
8. Baselines: lines drawn along the low water mark of an island or group of islands, which mark the end of the
internal waters and the beginning of the territorial sea.
9. Sovereign Right - is a term used in UNCLOS to pertain to the entitlements or privileges of a state to a
defined area of a sea called the exclusive economic zone.
10. Sovereignty: pertains to the exclusive legal authority of a state over its waters, especially its internal
waters and territorial seas. The state essentially has territorial sovereignty over these waters.

NOTES:
• A constitution is a municipal law. It binds only the nation promulgating it. Hence a definition of national
territory in the constitution will bind internationally only if it is supported by proof that can stand in
international law.
• Scope of the national territory in Art. 1 Section 1
1) The Philippine archipelago
2) All other territories over which the Philippines has sovereignty or jurisdiction and
3) The territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas
corresponding to (1) and (2).
Moreover, (1) and (2) consist of terrestrial, fluvial, and aerial domains.
• The U.S. military bases are still part of the Philippines. It is for that reason that the Philippine government
could cede part of its authority over the bases to the United States. (Reagan v. Commissioner, 30 SCRA 968 and
People v. Gozo, 53 SCRA 476)

C. SEPARATION OF POWERS
This refers to the constitutional demarcation of the three fundamental powers of government. The principle of
separation of powers and its concepts of autonomy and independence stem from the notion that the powers of
government must be divided to avoid undue concentration of these powers in any one branch. Each branch is
considered separate, co-equal, coordinate and supreme within its own sphere.

BASIS: The Constitution itself which allocates powers to each of the said departments of government
precisely on account of the principle that the Philippines is a democratic and republican State.

There are only 2 ways that this principle is violated :

4) Impermissible interference in the performance of their respective powers

a) Impermissible assumption of a function properly entrusted to another

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D. CHECKS AND BALANCES
Under the principle of checks and balances, each department is vested by the fundamental law with some powers to
forestall, restrain or arrest a possible or actual misuse or abuse of powers by the other departments. One
department is given certain powers by which it may definitely restrain the others from exceeding constitutional
authority.

Examples:
• Legislature enacts laws to be presented to executive department which can veto or disapprove it if in its
judgment it is not in conformity with the Constitution or if it will cause hardship to the people.
• Courts are authorized to determine the validity of legislative measures or executive acts.
• Executive department has pardoning power which modifies or sets aside the judgment of the courts.

E. STATE IMMUNITY
Section 3, Article XVI of the 1987 Constitution
The State may not be sued without its consent.
• A “sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical
and practical ground that there can be no legal right against the authority that makes the law on which
the right depends.”
• The doctrine of state immunity from suit applies to complaints filed against public officials for acts done
in the performance of their duties. The rule is that the suit must be regarded as one against the state where
satisfaction of the judgment against the public official concerned will require the state itself to perform a
positive act, such as appropriation of the amount necessary to pay the damages awarded to the plaintiff.
Where the public official is sued in his personal capacity, the doctrine of state immunity will not apply, even
if the acts complained of were committed while the public official was occupying a public position.
• Public officials can be held personally accountable for acts performed in connection with official duties where
they have acted ultra vires or where there is a showing of bad faith.

EXPRESS CONSENT IMPLIED CONSENT

There is express consent when a law expressly grants (1) When the State enters into a private contract with a
authority to sue the State or any of its agencies. private citizen, unless the contract is merely
incidental to the performance of a governmental
function.
➔ the State divests itself of the mantle of
sovereign immunity and has therefore
descended to the level of an ordinary citizen.
(2) When the State sues a private party
➔ Defendant can file a counterclaim against
the State, unless the suit is entered into only
to resist a claim.
(3) When the State enters into an operation that is
essentially a business operation, unless the business
operation is merely incidental to the performance of
a governmental function

!!! When is a suit one against the State?

1. When the Republic is sued by name
2. When the suit is against an unincorporated government agency (or incorporated agency but charter
provides that it does not have a separate personality)
3. When the suit is on its face, against a government officer but the case is such that ultimate liability
will belong not to the officer, but to the government.

NOTES:
• The remedy of the person injured by an immune foreign agent is espousal → requesting the
government (DFA & OP) to espouse your claims, i.e., government will make the claims on your behalf
before the foreign government.
o If the government refuses, you cannot file a petition for mandamus against the executive
department because it is discretionary and not a ministerial duty.
• When the State gives consent to be sued, it does not automatically mean that it consents to the
execution of the judgment against it. Public funds cannot be the object of garnishment even if
the consent to be sued had been previously granted and even if the State liability has been adjudged.
Suability is not the same with liability.
o Remedy is to go to COA.

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F. DELEGATION OF POWERS
Principle of Non-Delegation of Power
As a rule, legislative powers may not be delegated. Legislative power must remain where the people have lodged it
– the Legislative Department.

Exceptions:
(1) When authorized by the Constitution
1. Congress may by law grant emergency powers to the President
2. Congress may by law grant tariff powers to the President
(2) Delegated to Local Governments
(3) Delegated to Administrative Bodies
(4) Delegated to the people at large thru referendum and plebiscite

A law passed by Congress giving the President standby authority to increase the rate of VAT from 10% to
12% is not an undue delegation of legislative power but merely a delegation of the ascertainment of facts
upon which enforcement and administration of the increased rate under the law is contingent.

G. FUNDAMENTAL POWERS OF STATE

Inherent Powers of Government

POLICE POWER
there can be
•
taking
of property ( but it must be harmful to the public)
POWER OF EMINENT DOMAIN POWER OF TAXATION
It is the sovereign power to It is the sovereign power to It is the sovereign power to raise
promote and protect the general appropriate private property for revenues to defray the expenses of
welfare. public use upon payment of just government or for any public
compensation. purpose.

It is the power vested in the The exercise of such right is not The power to tax is primarily vested
legislature to make, ordain, and unlimited. in the Congress; however, in our
establish all manner of wholesome jurisdiction, it may be exercised by
and reasonable laws, statutes and Requirements: local legislative bodies, no longer
ordinances, not repugnant to the (1) there is taking merely by virtue of a valid
Constitution, for the good and (2) it is for a particular delegation as before, but pursuant
welfare of the people. public purpose; and to direct authority conferred by
(3) that just compensation Section 5, Article X of the
be paid to the property Constitution. Under the latter, the
owner. exercise of the power may be
subject to such guidelines and
For National Government limitations as the Congress may
Infrastructure Projects, there must provide which, however, must be
be a deposit equivalent to: consistent with the basic policy of
• 100% of the current local autonomy.
relevant zonal valuation of
the BIR
• Replacement cost at CMV of
improvements
• CMV of crops and trees

Requisites: If exercised by the Legislature → the

1. Reasonable subject → the power of eminent domain is a political
activity or property sought to question.
be regulated affects the public
welfare If exercised by the delegate of the
2. Reasonable means → the Legislature → the power of eminent
means employed are domain is a justiciable question.
reasonably necessary for the
accomplishment of the
purpose, and not unduly
oppressive on individuals.

NOTE: There must be reasonable

connection between the regulatory
measure and the objective or purpose.

NOTE: These powers are inherent and co-terminus with the life of the State itself. In fact, they need not be expressly
conferred by the Constitution in favor of the State.

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 II. GENERAL PRINCIPLES OF TAXATION
A. DEFINITION, CHARACTERISTICS AND PURPOSE
DEFINITION
TAXATION
• Taxation is the power inherent in every sovereign State to impose a charge or burden upon persons,
properties, or rights to raise revenues for the use and support of the government to enable it to discharge
its appropriate functions.
• It is described as a destructive power which interferes with the personal and property rights of the
people and takes from them a portion of their property for the support of the government.

TAXES
• Enforced contribution
• Generally payable in money and proportionate in character
• Levied PECUNIARY BURDEN

o On persons, properties or transactions

o By the state having jurisdiction
o By the law-making body
o For public purpose

CHARACTERISTICS
1. Enforced → Enforced sovereign liability not dependent on contracts or meeting of the minds
2. Proportionate Contribution → Imposition of taxes is based on one’s ability to pay which is based on the
principle “the State shall evolve a progressive system of taxation”
3. Levied by Legislature → Congress has the power of the purse.
4. Inherent → The power of taxation is inherent in sovereignty as an incident or attribute thereof, being
essential to the existence of independent government. It exists apart from the Constitution.
5. Subject to Constitutional and Inherent Limitations
6. Personal in nature
e.g., Tax liability of a corporation cannot be enforced against its stockholders.

PURPOSE
1. PRIMARY: To raise revenues to defray the necessary expenses of the government.
e.g., Government can reduce the incidence of smoking by imposing taxes because the budgetary expenses of
the government will be strained, since they will provide healthcare services especially from the poor
segments of society.
2. SECONDARY: To achieve other state objectives such as:
a. Regulation of activities – taxation could be a tool to implement the State’s police power such as
imposing tax on sale of videograms to regulate the evils brought about by the videogram industry
(ex: porn)
b. General welfare – to provide means for the rehabilitation and stabilization of a threatened industry.
Tax collected on land devoted to cultivation of sugar cane, which tax shall accrue exclusively, and for
the aid and support, of the sugar industry, is valid. Since sugar production is one of the great
industries of the nation, its promotion, protection and advancement therefore redounds greatly to
the general welfare
c. Reduction of social inequality
d. Protectionism (e.g., special duties under the Tariff and Customs Code and Safeguard Measures Act)

PRINCIPLES OF A SOUND TAX SYSTEM [FAT]

1. Fiscal adequacy → Sources of revenue should be sufficient to meet the demands of public expenditure
2. Administrative feasibility → The tax law must be capable of convenient, effective or efficient enforcement
3. Theoretical justice → Principles mandate that taxes must be just, reasonable, and fair. Tax burden should
be in proportion to the taxpayer’s ability to pay.
Imposing
VAT on -10W FEES ,

While burdensome not necessarily

,

invalid unless shown to violate any

law or the constitution .

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B. POWER OF TAXATION VS. POLICE POWER VS. EMINENT DOMAIN

TAXATION POLICE POWER EMINENT DOMAIN

CONCEPT
Power to enforce contribution to Power to make and implement laws Power to take private property for
raise funds for the Government for the general welfare public use with just compensation

PURPOSE
To raise revenues To promote general welfare, public To take property for public use
health, public morals and public
safety
COMPENSATION
Protection and benefits received Maintenance of public order Just compensation
from the government in exchange
for paying the taxes (symbiotic
relationship or benefit theory)
PERSONS AFFECTED
Operates upon a community or Operates upon a community or Operates on individual property
class of individuals class of individuals owner
EXERCISING AUTHORITY
National and Local Governments National and Local Governments May be exercised by public services
corporation or public utilities
AMOUNT OF IMPOSITION
No limit as to the amount that may Limited to cost of regulation Just compensation should be based
be imposed (plenary in nature) on the market value of the property

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C. SCOPE AND LIMITATIONS
1. Inherent and Constitutional Limitations of Taxation
INHERENT LIMITATIONS [PENIS]
o PUBLIC PURPOSE
• The public purpose must exist at the time of its enactment.
• The money raised can be expended only for public purposes and not for the advantage of
private individuals.
• Public Use → not only the use or employment by the public, but also includes indirect
public benefit or advantage

o EXEMPTION OF GOVERNMENT
• Rationale: If the government taxes itself or if LGU tax the national government, it would
be akin to taking money from one pocket to the other.
• Agencies exercising sovereign functions are tax exempt, unless expressly taxed.
• Agencies performing proprietary functions are subject to tax, unless expressly exempted.
• GOCCs performing proprietary functions are subject to taxes except exempted by law:
o GSIS
o SSS
o HDMF
o PHIC
o Local Water Districts
▪ PAGCOR has been excluded from those exempt entities.

o NON-DELEGABILITY (INHERENTLY LEGISLATIVE)

• Power of taxation cannot be delegated. This contemplates the power to determine kind,
object, extent, amount, coverage and situs of tax.
• The power to assess and collect is exercised by the Executive Department (BIR).
• GR: The power is exclusively vested in the Legislative Department.
• EXP:
o Delegation to LGU
▪ Each LGU has the power to create its own revenue and to levy taxes, fees
and charges subject to such guidelines and limitations as the Congress
may provide.
o Delegation to the President
▪ Congress may authorize, by law, the President to fix, within specified
limits and subject to such limitations and restrictions as Congress may
provide:
• Tariff rates
• Import and export quotas
• Tonnage and wharfage dues
• Other duties and imposts within the development program of the
government
▪ Congress does not abdicate its functions or unduly delegate its power
when it describes:
• What job must be done
• Who must do it
• What is the scope of his authority
In such case, there is no undue delegation of legislative power, but only
the discretion as to the execution of a law.
o Delegation to Administrative Agencies

o INTERNATIONAL COMITY
o A state must recognize the generally accepted tenets of international law, they must
accord each other as sovereign equals. This limits the authority of a government to
effectively impose taxes on a sovereign state and its instrumentalities.
o !!! What is exempted is the income OF foreign government, and not income FROM the
foreign government.
o The obligation to comply with a tax treaty must take precedence over an administrative
issuance. The denial of a relief based on a tax treaty due to failure of a taxpayer to comply
with a RMO would impair the value of the tax treaty.

o SITUS (TERRITORIALITY)
Normally ,
tax only within it territory .

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 CONSTITUTIONAL LIMITATIONS
1. Constitutional provisions DIRECTLY affecting taxation
• Prohibition against imprisonment for non-payment of poll tax (cedula or residence tax)
• Uniformity, equality and progressivity of taxation
o Uniformity → all articles or properties of the same class taxed at the same rate
o Equality → like treatment in like circumstances
o Progressivity → found on the taxpayer’s ability to pay.
• Grant by Congress of authority to President to impose tariff rates (Flexible Tariff Clause)
• Prohibition against taxation of religious, charitable, and educational entities from RPT
• Prohibition against taxation of non-stock, non-profit institutions

SUMMARY
INCOME TAX REAL PROPERTY TAX
Non-stock, non-profit Sec. 4(3), Art. XIV, Constitution Sec. 4(3), Art. XIV, Constitution
educational institution EXEMPT. EXEMPT from real property taxes
(1) Actually, directly, and exclusively (RPT) as long as ADE for educational
NOTE: The test is the (ADE) for educational purposes purposes.
use of both the revenues (2) Regardless of its source
and assets. If ADE for g. school teased school building
e. to bookstore & canteen
. to RPT because
subject NOIADE
used for
EXEMPT because ADE used educational
educational purposes, Thenevenues were used to
pay teachers
.

for educational purposes

purpose

exempt.

Non-stock, non-profit Sec. 30(e), NIRC Sec. 28(3), Art. VI, Constitution
hospital EXEMPT EXEMPT from RPT as long as ADE for
(1) Organized and operated exclusively charitable purposes.
and for charitable purposes and
(2) No part of its net income or asset NOTES:
Other non-stock, non- inures to the benefit of any member, • It is not the use of the income
profit charitable organizer, etc. from the real property that is
institution determinative whether the
Sec. 30, last par., NIRC property is used for tax-
SUBJECT TO TAX exempt purposes; it is the
Income from real or personal properties or actual use of the property.
from activities conducted for profit,
regardless of the disposition of such income • The ownership of the
property is immaterial.
Whoever owns, as long as ADE
used for tax-exempt purposes,
it is exempt.
* Use of
Proprietary, non-profitSec. 30(e). NIRC Sec. 28(3), Art. VI, Constitution
property
educational institutionEXEMPT EXEMPT from RPT as long as ADE for
and hospitals (1) Organized and operated exclusively charitable purposes.
for charitable purposes and
NOTE: (2) No part of its net income or asset
Government educational inures to the benefit of any member,
institutions → exempt organizer, etc.
(e.g., UP).
Sec. 27(B), NIRC
If the non-profit hospital or educational
institution earns income from its for-profit
activities,
(1) It will retain its tax exemption for
its charitable activities
(2) But the income from the for-profit
activities will be subject to
preferential rate of 10% under
Section 27(B) of NIRC (1% from
July 1, 2020 until June 30, 2023),
provided that its gross income from
unrelated trade, business or activity
does not exceed 50% of its total
gross income.

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 • Majority vote of Congress for grant of tax exemption
o Includes amnesties, condonations and refunds
o GRANT EXEMPTION → majority of all members, voting separately
o WITHDRAW EXEMPTION → majority of quorum
• Prohibition on use of tax levied for special purpose
o Revenues derived for a special fund shall be administered for the purpose
intended only.
o Once the purpose is achieved, the balance, if any, is to be transferred to the
General Fund of the government.
• President’s veto power on appropriation, revenue, tariff bills
• Non-impairment of jurisdiction of the Supreme Court
• Grant of power to the local government units to create its own sources of revenue
• Flexible tariff clause
• Exemption from real property taxes
• No appropriation or use of public money for religious purposes
• Tax bills should originate exclusively in the HOR
• Judicial power to review legality of tax
• Mandate to evolve progressive system of taxation
o Even if the VAT is the anti-thesis of a progressive system because it is a flat rate,
it is not considered unconstitutional because it is only a goal to evolve progressive
system of taxation.

2. Constitutional provisions INDIRECTLY affecting taxation

• Due process

SUBSTANTIVE DUE PROCESS PROCEDURAL DUE PROCESS

The law must be reasonable and must be There must be no arbitrariness in the
for public purpose. assessment and collection; the prescribed
rules must be followed before assessment
and collection.

• Equal protection
Taxes should be imposed on everyone equally within the same class
For purposes of taxation, classification is valid.
e.g., there are substantial differences between the big investors who are being lured to
establish and operate their industries in the special economic ones and those business
operators outside the zones. The former bring in billion-peso investments.

Valid Classification:
1. Rests on substantial distinctions
2. Is germane to the purpose of the law
3. Not limited to existing conditions only
4. Applies equally to all members of the same class

• Religious freedom
Activities that are simply and purely for propagation of faith are exempt.
Income of religious organizations from any activity conducted for profit, regardless of
disposition of such income, is taxable.

• Non-impairment of obligations of contracts

Applies only to contractual tax exemptions where government is party to the contract
granting exemption.
Tax exemptions are privileges that the Government can take away. It does not violate the
FRANCHISE { non-impairment clause, unless the tax exemption is supported by a consideration.
↓ e.g., FTAAs in relation to petroleum exploration or large-scale economic projects. The

can be
modified government entices contractors through tax and fiscal incentives. Under PD 87,
petroleum service contractors are exempt from ALL tax. The government CANNOT
by the Congress pass any law repealing tax incentives under the FTAA without violating the non-
impairment clause.

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2. Territoriality Principle and Situs of Taxation
Principle of Territoriality
State may only assert taxing power within its territorial jurisdiction.

Situs of Taxation
It is the place of taxation.
• The State where the subject to be taxed has a situs may rightfully levy and collect the tax
• EXCEPTIONS to the territoriality rule:
a. Where tax laws operate outside the territorial jurisdiction of the taxing state – e.g., taxation of
resident citizens on their foreign source income
b. Where tax laws do not operate within the territorial jurisdiction – e.g., waiver of taxing
jurisdiction via treaty or international comity

Situs rule is influenced by:

1. Domicile
2. Nationality
3. Source
The Philippines adheres to a combination of the above factors depending on the type of income.
!!! Only resident citizens and domestic corporations are taxed on worldwide income.

Different types of taxes have different situs rules.

1. Income Tax → sources within and outside the Philippines
2. Estate and Donor’s Tax → citizenship and residency of the decedent or donor, as well as
location of the property
3. VAT → destination principle
4. Local Taxes → location of the transaction
5. Real Property Tax → location of the property

INTEREST Residence of the payor or obligor

o If debtor resides in the Philippines → Philippine source income.
o If debtor resides outside the Philippines → Foreign source income.
o Example:
o Domestic Corporation takes a loan to a non-resident foreign company based in the
Netherlands. Where is the interest source?
o Ruling: The interest income is Philippine source income. Thus, taxable.
NOTE: You only look at the interest income, based on the residence of the obligor
irrespective of where the interest has been made or where the contract was entered into
or the currency/denomination in which the payment is made.

DIVIDENDS From a Domestic Corporation

Automatically, it is Philippine source income.

From a Foreign Corporation

GR: Foreign source income.
EXP: Partly Philippine source and partly foreign source income if at least 50% of the foreign
corporation’s gross income for a 3-year base period is derived from Philippine sources.
The Philippine source dividends will be:
𝐺𝑟𝑜𝑠𝑠 𝐼𝑛𝑐𝑜𝑚𝑒 𝑃ℎ𝑖𝑙𝑖𝑝𝑝𝑖𝑛𝑒𝑠
𝐷𝑖𝑣𝑖𝑑𝑒𝑛𝑑𝑠 𝑥
𝐺𝑟𝑜𝑠𝑠 𝐼𝑛𝑐𝑜𝑚𝑒 𝑊𝑜𝑟𝑙𝑑

PERSONAL Place of performance.

SERVICES o Services performed in the Philippines → Philippine source income
o Services performed outside the Philippines → Foreign source income

NOTE: CIR vs. Marubeni Corp.

• Marubeni, a non-foreign corporation, entered into a contract with a Philippine company for the
construction of a powerplant and pier. The contract involves two phases, 1 st phase is the design
phase and the 2nd phase is the material procurement phase. 1st phase – outside of the Philippines.
2nd phase – which is onshore, constructed in the Philippines.
• With respect to the 1st phase, the design and procurement of the raw materials, machines and
equipment are from suppliers outside the Philippines that is not taxable foreign source income to
Marubeni. With respect to the 2nd phase – taxable Philippine source income.

RENTALS Physical location of the property (regardless of the residence of the licensor, licensee, or place of payment)
o If the property is located in the Philippines → Philippine source income
o If the property is located outside → Foreign source income

ROYALTIES Location where the right or privilege to use the intangible property is exercised.
o If the right or privilege to use is in the Philippines → Philippine source income
o If the right or privilege to use is outside → Foreign source income
Example: Royalties selected by McDO USA from the domestic corporation that has been given the right or
the privilege to use McDO trademarks and operate McDO restaurants in the Philippines is a PH source
income. This is because the right or the privilege to use the intellectual property is being exercised in the
PH.

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 SALE OF REAL Location of the real property.
PROPERTY o If the real property is located in the Philippines → Philippine source income
o If the real property is located outside → Foreign source income

SALE OF (A) IF THE SELLER OF THE PERSONAL PROPERTY IS THE PRODUCER/MANUFACTURER OF THAT
PERSONAL PERSONAL PROPERTY
PPROPERTY Situs is either:
(i) entirely within or entirely without; or
(ii) partly within and partly without

It will depend on the:

(a) place of sale and
(b) place of manufacture/production

If the place of manufacture/production is in the PH and the place of sale is also in the PH → Philippine
source income.

If the place of manufacture/production is outside of the PH, and the place of sale is also outside of PH →
Foreign source income.

If the place of production and place of sale are different, it will be partly within/without. Thus, if the
personal property is produced in the PH but sold outside the PH → Partly within and partly without.

(B) IF THE PERSONAL PROPERTY IS SOLD BY OTHER THAN A PRODUCER OR THE MANUFACTURER
(E.G. TRADER)
It is the place of sale. Place of manufacture will no longer be relevant.
• Jurisprudence provides that the place of sale occurs in the place where the passage of title occurs.
• If the title transfers outside of the PH → Foreign source income.
• If the title passes in the PH →,Philippine source income.

Example:
Seller (Singapore-based) sold goods to a PH company where the goods will be transported from SG
and imported into the PH. The seller will only be taxed if the income is sourced from the PH,
otherwise it is exempt from PH income tax. Under the terms of their agreement, once the goods are
delivered to the carrier in the port in Singapore, transfer of title occurs. Thus, the income from the
sale of the personal property is foreign source income. However, if the agreement provides that the
transfer of title will occur only upon delivery of the goods to the warehouse of the buyer in the PH,
then it will be a PH source income and the foreign seller will be taxed.

(C) SALE OF SHARES OF STOCK IN A DOMESTIC CORPORATION

Income from the sale is always PH source income even if the shares are sold outside of the PH.

Example: PDLT shares are listed in NY stock exchange. If a US corporation invests in PLDT shares and buys
in NY stock exchange, and the PLDT stockholder sells in the NY stock exchange, it will be subject to PH
income tax because the gain is PH source income as the shares are of a domestic corporation—the sale of
which will always be considered as PH source income.

D. REQUISITES OF A VALID TAX

Requisites of a Valid Tax
1. Must be for a public purpose
2. Should be uniform and equitable
3. Either the person or property taxed is within the jurisdiction of the taxing authority
4. Complies with the requirements of due process
5. Does not infringe any constitutional or inherent limitations

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 E. TAX VS. OTHER FORMS OF EXACTIONS
TAX CUSTOMS DUTY
More comprehensive than customs duty Covers importation or export of goods
Object is person, property, etc. Object is goods imported or exported

TAX TOLL
Demand of sovereignty Demand of ownership
Support of government Collection for the use of property
No limit – depends on need of the government Fair return of the cost of the property or improvement
May be imposed only by the government May be imposed by the government or private
individuals or entities -
Nonpayment will merit penalties Nonpayment may prohibit the person from using the
facility

Diaz vs. Secretary of Finance

The toll fee is not a user’s tax and thus it is permissible to impose a VAT on the said fee. Toll fees are not taxes since
they are not assessed by the BIR and do not go to the general coffers of the government. Toll fees are collected by
private operators as reimbursement for their costs and expenses with a view to profit while taxes are imposed by
the government as an attribute of its sovereignty. The VAT imposed cannot be deemed as a tax on tax.

TAX LICENSE FEE

Exercise of taxing power Emanates from the police power of the State
To raise revenue To regulate
Object is persons, property, and privilege Object is the right to exercise a privilege
No limit on the amount of tax that may be imposed Limited only to the necessary expenses to carry out
regulation

NOTES:
Fees
Building ×
• The purpose of distinction is that limitations and exemptions apply only to one and not to the other
✓
Fees transaction
of special projects
× (exemption from tax does not include exemption from fees). ✓ exemption double taxation ✓jurisdiction 4- CTA
Forest charges ✓
• If generating income is the primary purpose and regulation is merely incidental, the imposition is a tax.
• If regulation is the primary purpose, the fact that revenue is incidentally obtained does not make it a tax.

Esso Standard Eastern, Inc. vs. CIR

A margin levy on foreign exchange is a form of exchange control or restriction designed to discourage imports and
encourage exports, and ultimately, curtail any excessive demand upon the international reserve in order to stabilize
the currency. It is not a tax but is in fact a fee.

American Mail Lines vs. City of Basilan

Anchorage fees are taxes because they have no relation to the cost of the permit. To support the claim that the fees
imposed are merely regulatory, it was claimed that the City of Basilan is an island with mountainous coasts and
fringed by numerous coves and inland bays and islets and may thus become a veritable haven for smugglers if the
city has no funds or means to suppress their illegal activities. The fees required were primarily intended for revenue
purposes. [Court focused on the amount being levied – the overwhelming amount imposed]

Compania Geeneral de Tabacos de Filipinas vs. City of Manila

There was no double taxation in imposing both sales tax and license fee because only one of the imposition was a
tax. Ordinance No. 3358 is clearly one that prescribes municipal license fees for the privilege to engage in the
business of selling liquor or alcoholic beverages, having been enacted by the Municipal Board pursuant to its charter
power to fix license fees on, and regulate, the sale of intoxicating liquors.

TAX SPECIAL ASSESSMENT

Object is persons, property, etc. Object is only land. ✓
Imposed for public purpose, regardless of who will Imposed for public improvement that benefits the land
benefit
To support the general purposes of government Contribution to cost of public improvement✓
Regular exaction Exceptional as to time and locality
Based on necessity Based on benefits obtained

TAX DEBT
Source is law Source is contract
Personal Assignable
Generally, not subject to compensation or setoff May be the subject of compensation or setoff
Imprisonment is sanction for non-payment No imprisonment for non-payment
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F. KINDS OF TAXES
As to subject matter or object
PERSONAL, CAPITATION, OR PROPERTY TAX EXCISE OR PRIVILEGE TAX
POLL TAX
Fixed amount on individuals Imposed on property, whether real Imposed upon the performance of
residing within specified territory, or personal, in proportion to its an act, enjoyment of a privilege, or
without regard to their property, value or other reasonable method engagement in an occupation,
occupation or business. of apportionment. profession or business.
Community Tax (Cedula) Real Property Tax Income Tax, VAT, Estate Tax,
Donor’s Tax

As to who bears the burden or incidence

DIRECT INDIRECT
Imposed on the person who also bears the burden Imposed on the taxpayer who shifts the burden of the
thereof. tax to another
Income Tax, Community Tax, Estate Tax VAT, Specific Tax, Percentage Tax, Customs Duties

As to tax rates or determination of amount

SPECIFIC AD VALOREM
Tax imposed and based on a physical unit of Tax of a fixed proportion of the value of property with
measurement, as by head, number, weight, length or respect to which the tax is assessed
volume.
Tax on distilled spirits, fermented liquors, cigars Real property tax, excise tax on cars, non-essential
goods

As to purpose
GENERAL, FISCAL OR REVENUE SPECIAL OR REGULATORY
Imposed for the general purpose of supporting the Imposed for a special purpose, to achieve some social
government or economic objectives
Income Tax Protective tariffs or customs duties

As to scope or authority to impose

NATIONAL MUNICIPAL OR LOCAL
Imposed by the national government Imposed by the municipal corporations or LGUs
NIRC taxes and customs duties Real property tax and occupation tax

As to graduation of rate
PROGRESSIVE OR REGRESSIVE PROPORTIONATE OR MIXED
GRADUATED FLAT
Tax rate increases as the Tax rate decreases as the Based on a fixed The tax rates are partly
tax base or bracket tax base increases percentage of the amount progressive and partly
increases of the property income or regressive
other basis to be taxed
Income Tax RPT, VAT, Percentage Tax

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G. DOCTRINES IN TAXATION
1. Lifeblood Theory
Without revenue raised from taxation, the government will not survive, resulting in detriment to society.
Without taxes, the government would be paralyzed for lack of motive power to activate and operate it.

CIR vs. CTA [Extent]

The BIR was denied its day in court by reason of the mistakes and/or negligence of its officials and the case
was submitted without evidence being offered. Although the government may generally be estopped, their
neglect or omission as exemplified in this case will not and should not produce that effect. Government
cannot and must not be estopped particularly in matters involving taxes – the lifeblood of the nation.

Some provisions of NIRC that manifests the lifeblood theory:

1. Prohibition of injunction in collection of taxes
2. Assessments are presumed to be correct
3. Withholding tax system

La Suerte Cigar vs. CIR

Cigarette manufactures contend that for a long time prior to the transactions involved in the case, the CIR
had never subjected their purchases and importations to excise taxes. SC ruled that prolonged practice of the
BIR in not collecting specific tax cannot validate what is an otherwise erroneous application and enforcement
of the law. The government is never estopped from collecting legitimate taxes because of the error committed
by its agents

Tridharma Marketing Corporation vs. CTA [Limitation]

Petitioner was assessed for various taxes amounting to P4.6 billion. The assessment was appealed to the
CTAT which also granted the Motion to Suspend Collection but on the condition that petitioner deposits an
acceptable surety bond of 150% of the assessment or around P6.7 billion.

CTA erred in requiring petitioner to file a surety bond despite the supposedly patent illegality oof the
assessment that was beyond the petitioner’s net worth. The power of taxation must be exercised with caution
to minimize injury to the proprietary rights of a taxpayer. It must exercised fairly, equally and uniformly.

Symbiotic Principle (Benefits-Received Principle)

The power to tax is a power emanating from necessity. It is a necessary burden to preserve the State’s
sovereignty and a means to give the citizenry an army to resist an aggression, a navy to defend its
shores from invasion, a corps of civil servants to serve, public improvements designed for the
enjoyments of the citizenry, and facilities and protection which a government is supposed to provide.

Philippine Guaranty Co., Inc. vs. CIR

Considering that the reinsurance premiums in question were afforded protection by the government
and the recipient foreign reinsurers exercised rights and privileges guaranteed by our laws, such
reinsurance premiums and reinsurers should the burden of maintain the state.

2. Construction and Interpretation of Tax Laws, Rules and Regulations

TAX LAWS
RULE: Strictly construed against government.
In every case of doubt, tax statutes are construed most strongly against the Government and in favor of the
citizen because burdens are not to be imposed, nor presumed to be imposed, beyond what the statutes
expressly and clearly, import.

PENAL PROVISIONS OF TAX LAWS

Strict construction so as not to extend the plain terms thereof that might create offenses by mère
implication not so intended by the legislative body.

TAX EXEMPTIONS & EXCLUSIONS

RULE: Strictly construed against taxpayer.
Exemptions are not favored and are construed strictissimi juris against the taxpayer. He who claims an
exemption must be able to justify his claim or right thereto.
Deductions, exclusions, condonations and claims for refund are akin to exemptions, hence, strictly construed
as well against taxpayer.

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 + EXEMPTION STATUTES ARE NOT RETROACTIVE .

3. Prospectivity of Tax Laws

A tax law must only be applicable and operative prospectively, unless so expressed by the law.

Ex post facto law is not applicable for tax purposes. However, when it comes to civil penalties like fines and
forfeiture, tax laws may provide and allow its application retroactively, unless it produces harsh and
oppressive consequences which violates the taxpayer’s constitutional rights regarding equity and due
process.

NON-RETROACTIVITY OF BIR RULINGS

Any revocation, modification or reversal of any of the rules and regulations shall not be given retroactive
application if the revocation, modification or reversal will be prejudicial to the taxpayers, except in the
following cases:
1. Taxpayer deliberately misstates or omits material facts from his return or any document required of
him by the BIR
2. Facts subsequently gathered by the BIR are materially different from the facts on which the ruling is
based
3. Taxpayer acted in bad faith

4. Imprescriptibility of Taxes
Although the NIRC provides for the limitation in the assessment and collection of taxes imposed, such will
only be applicable to those taxes where a tax return is required. The prescriptive period shall start from the
time the taxpayer files the tax return and declares his liability.
• National taxes → 3 years to assess (or 10 years in case of fraud or filing of false return)
• Local taxes → 5 years to assess (or 10 years in case of fraud or filing of false return)

Unless otherwise provided by the tax law itself, taxes in general are imprescriptible.

The law on prescription being a remedial measure should be interpreted liberally in favor of the taxpayer
in order to protect the taxpayer.

5. Double Taxation
Double Taxation in the Strict Sense Double Taxation in the Broad Sense
DIRECT DOUBLE TAXATION INDIRECT DOUBLE TAXATION
It means that the taxpayer is taxed twice by the same It means indirect duplicate taxation. It extends to all
taxing authority, within the same taxing jurisdiction, cases in which there are 2 or more pecuniary
for the same property and same purpose. impositions.

The Constitution does not prohibit the imposition of

double taxation in the broad sense. While not favored,
it is not altogether prohibited provided that the
constitutional mandates are not violated.

Requisites: Example: Cigarette company deriving income is liable

1. Two taxes are imposed for income tax and may also be liable for excise tax
2. on the same subject matter when it goes out of the place of production or when it
3. for the same purpose is imported. In the economic sense, there is double
4. by the same taxing authority taxation.
5. within the same jurisdiction But is it prohibited? No. Because most forms of double
6. during the same taxing period and taxation are not illegal though not favored.
7. The two taxes are of the same kind and
character.

CASE: City Treasurer of Manila v. CCBPI (G.R. 181845, Aug. 4, 2009)

Cola-cola was taxed under
Sec. 14, Manila Revenue Code: local business tax on manufacturers
Sec. 21: local tax on persons selling goods and services in the course of trade or business who are
subject to excise tax, VAT or percentage tax.

THERE IS DIRECT DUPLICATE TAXATION. Taxes under Secs. 14 and 21 are being imposed: (1) on the same
subject matter – the privilege of doing business in Manila; (2) for the same purpose – to make persons doing
business in Manila contribute to city revenues; (3) by the same taxing authority – the City of Manila; (4)
within the same taxing jurisdiction – within the territorial jurisdiction of Manila; (5) for the same taxing
periods – per calendar year; and (6) of the same kind and character – local business tax on gross sales or
receipts of the taxpayer.

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 BIR issuance that requires

6.
tax-exempt entities to pay taxes
Exemption from Taxation & then Just get a refund
} Not VALID

Tax Exemption → the grant of immunity from taxes to particular persons, corporations or to persons or
corporations of a particular class.
▪ It is a privilege; it is freedom from a financial charge or burden to which others are subjected
▪ Exemption is allowed only if the law clearly provides for it; not presumed

Grounds for granting exemption

▪ May be based on a contract, e.g., petroleum service contract under PD 87
▪ May be based on public policy, e.g. MCIT exemption for first 4 years of operation
▪ May be based on international reciprocity e.g., exemption of foreign vessels from excise tax on
petroleum products destined for consumption outside PH

Nature of exemptions
▪ Personal to the grantee
▪ General rule: revocable by government anytime as a matter of right
Exception: Exemption founded on a contractual tax exemption
What is contractual exemption? When there is consideration to obtain the exemption. Such
consideration may be in the form of capital technical know-how.
▪ Non-transferrable

Kinds of exemptions
EXPRESS IMPLIED CONTRACTUAL
when certain persons, property when a tax is levied on certain Those lawfully entered into by
or transactions are, by express classes without mentioning other the government in contracts
provision of law, exempted from classes under existing laws.
certain taxes, in whole or in part
What is contemplated as implied These should not be confused
Example: exemption in this case is WHEN THE with the tax exemptions
Intercorporate dividends by a PERSON IS NOT SUBJECT TO THE granted under franchises,
domestic corporation from SAID TAX IN THE FIRST PLACE. which are not contracts within
another domestic corporation the context of non-impairment
Exemptions under our clause of the Constitution.
jurisdiction presupposes that a
person should have subject to the
tax, but a provision of a law exempts
them.

NOTE: There is no tax exemption by

implication; exemption must be
expressed in clear and unmistakable
language; what is involved here is
the rule on strict construction of tax
imposition in favor of taxpayer.

TAX AMNESTY → refers to the absolute waiver by the government of its right to collect taxes and power to
impose penalties on persons or entities guilty of violating a tax law.
• Tax amnesty aims to grant a general reprieve to tax evaders who which to come clean by giving
them an opportunity to straighten out their records.

7. Escape from Taxation

(1) Shifting of Tax Burden
1 MPH CANON I • The imposition of tax is transferred from the statutory taxpayer to another without violating the law.
• What is shifted is the tax burden, not the tax liability (i.e., the person directly liable for the tax remains
① REFUNDS
liable whether or not the tax burden is shifted).
statutory taxpayer
exp it law clearly
• What is shifted is only indirect taxes (e.g., VAT, excise tax, percentage tax)
grants the party
an exempt in from Impact of taxation is the point on which a tax is originally imposed. From government’s perspective, the
both direct & indirect
“statutory taxpayer” (i.e., the person directly liable to pay the tax) is the person who must pay the tax to

doesno
taxes
the government
.

⑨ EXEMPTIONS
of
exemption
-

buyer
Incidence of taxation is that point on which the tax burden finally settles (e.g., final consumer in
exempt him from transactions subject to VAT)
indirect
payment of
taxes .

exp
•
.

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?⃝
 (2) Tax Avoidance vs. Tax Evasion
TAX AVOIDANCE TAX EVASION
Also called Tax Minimization Also called Tax Dodging.

It is a tax saving device that is legally permissible. It connotes fraud thru the use of pretenses and
forbidden devises to lessen or defeat taxes.
Means is permissible Means is illegal
Occurs when taxpayers take advantage of legally It connotes the integration of 3 factors:
permissible alternative tax rates or methods of 1. End to be achieved → payment of less
assessing taxable property/income/transactions than that known by the TP to be legally
in order to avoid or minimize tax liability due, or paying no tax when it is shown
that tax is due
2. Accompanying state of mind → which
is described as being evil, in bad faith,
willful, deliberate, and not accidental
3. Course of action (or omission) →
which is unlawful

CIR vs. HSBC

HSBC transferred the assets of its Management Acquiring Business (MAB) to GPAP Phils. In exchange for
shares, pursuant to the tax-free exchange provisions under Section 40(c)(2), and subsequently sold such
shares to GPAP-Singapore and paid the corresponding 15% CGT. Here, there is tax avoidance, and not
tax evasion. Instead of paying 30% income tax, it only paid 15% CGT, but all the means employed to
minimize the tax were all valid and in accordance with the law.
NOT
WILLFUL BLINDNESS DOCTRINE ERRORS IN THX RETURNS ANE ERRORS OF THE TAXPAYER, THE ACCOUNTANTS
.

An individual or corporation can no longer say that the errors on their tax returns are not their
responsibility or that it is the fault of the accountant they hired.

An act is willful if it is voluntary, conscious, and intentional. Bad motive or intent to defraud need not be
shown. Neglect or omission (to ensure filing of ITR, to know how much taxes are due, or inquire on the
facts surrounding the ITR) is tantamount to “deliberate ignorance” or “conscious avoidance”.

8. Equitable Recoupment
The doctrine of equitable recoupment is a principle which allows a taxpayer, whose claim for refund has been
barred due to prescription (2 years), to recover said tax by setting off the prescribed refund against a tax that
may be due and collectible from him.

Under this doctrine, the taxpayer is allowed to credit such refund to his existing tax liability. HOWEVER, the
Supreme Court rejected this doctrine since it may work to tempt both parties to delay and neglect their
respective pursuits of legal action within the period set by law.

9. Prohibition on Compensation and Set-Off

One of the modes of extinguishing an obligation is legal compensation (when parties are both or mutually
debtors and creditors of one another). This DOES NOT apply to taxes because a tax obligation is not an ordinary
civil obligation. Taxes are of distinct kind, essence and nature. The government and taxpayer are not mutually
debtors and creditors of one another.

GR: Offset is NOT allowed.

EXP: Offset is allowed when invoked by the Government, provided:
↓ (1) It is in the context of collection enforcement and
IN REFUND CASES (2) Taxes are already delinquent
where the court NOTES:
can determine if • TP cannot invoke setoff. Thus, he cannot refuse to pay tax on the basis that the government owes
the taxpayer still him an amount equal to or greater than the tax collected. Collection of taxes cannot await result of a
owes taxes
.

lawsuit determining propriety of refund claim.

↓ • Government cannot defeat the taxpayer’s entitlement to refund on account of a proposed assessment.
BUT PERIOD The assessment must first be finalized.
MUST
TO AKER
NOT HARE
PRESCRIBED
YET

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 III. LEGISLATIVE DEPARTMENT

A. LEGISLATIVE POWER
1. Scope and limitations
Legislative power is the authority to make, alter, and repeal laws. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum (Sec. 1)

CLASSIFICATION OF LEGISLATIVE POWER

1. Constituent – the power to propose amendments to the Constitution
2. Ordinary – the power to pass ordinary laws
3. Original – possessed by the people in their sovereign capacity, exercised via initiative and referendum
4. Delegated – possessed by Congress and other legislative bodies by virtue of the Constitution; subordinate
to the original power of the people who delegated the same

WHO EXERCISES LEGISLATIVE POWER

1. Congress – Possesses plenary power for all purposes of civil government. Except as limited by the
Constitution, legislative power embraces all subjects and extends to matters of general concern or common
interest

2. Local legislative bodies – Allowed by the Constitution to legislate on purely public matters. Since what
was given to local legislative bodies is not power to make rules and regulations but legislative power,
the rules on valid delegation do not apply. However, when what is given to a local legislative body is
executive power, the rules applicable to the empowerment of administrative agencies also becomes
applicable

REQUISITES OF A VALID ORDINANCE

i. Must not contravene the Constitution or any statute
ii. Must not be unfair or oppressive
iii. Must not be partial or discriminatory
iv. Must not prohibit, but may regulate trade
v. Must not be unreasonable
vi. Must be general and consistent with public policy

3. People’s initiative on statutes

4. The President under a Martial Law Rule or in a Revolutionary Government

LIMITATIONS ON LEGISLATIVE POWER

1. Substantive – limitations on the contents of laws
i. Express (e.g., no ex-post fact law or bill of attainer shall be enacted)
ii. Implied (e.g., prohibition against irrepealable laws)

2. Procedural – limitations on the manner of passing laws (e.g., appropriation, revenue, tariff, bills authorizing
the increase of public debts, bills of local application, and private bills shall originate exclusively in the HOR)

2. PRINCIPLE OF NON-DELEGABILITY; EXCEPTIONS

GENERAL RULE: Congress cannot delegate its legislative power under the principle of non-delegation
(delegata potestas non potest delegari or delegated power may not be delegated)

EXCEPTIONS:
1. To the extent reserved to the people by the provision on initiative and referendum
2. Delegation to local government
3. Delegation of rule-making power to administrative bodies
4. Congress may delegate tariff powers to the President
5. Emergency powers delegated by Congress to the President

2 TESTS FOR A VALID DELEGATION

1. Completeness Test – The law must be complete in all its terms and conditions when it leaves the legislative
such that when it reaches the delegate the only thing he will have to do is to enforce it
2. Fixed/Sufficient Standard Test – There must be adequate guidelines or limitations in the law to
map out the boundaries of the delegate's authority and prevent the delegation from running riot

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Administrative Agencies – given only rule-making power. They may be allowed to fill up the details of an
already complete statute or to ascertain the facts necessary to bring a contingent law into actual operation

Its rules and regulations may have the force of penal law if the following conditions concur:
1. Delegating statute itself must specifically authorize the promulgation of penal regulations
2. Penalty must not be left to the administrative agency but must be provided by the statue itself
3. The regulation must be published in the Official Gazette or a newspaper of general circulation

B. HOUSE OF CONGRESS; COMPOSITIONS AND QUALIFICATIONS

1. Senate
2. House of Representatives
SENATE HOUSE OF REPRESENTATIVES
COMPOSITION (Sec. 2) COMPOSITION (Sec. 5)
Senate shall be composed of 24 senators who shall be HOR shall be composed of not more than 250
elected at large by the qualified voters of the members, unless otherwise fixed by law,
Philippines, as may be provided by law 1. who shall be elected from legislative districts
apportioned among the provinces, cities, and
the Metropolitan Manila area
a. in accordance with the number of their
respective inhabitants, and
b. on the basis of a uniform and progressive
ratio, and
☆
2. c. those who, as provided by law, shall be

elected through a party-list system of

registered national, regional, and sectoral
parties or organizations
QUALIFICATIONS (Sec. 3) QUALIFICATIONS (Sec. 6)
No person shall be a Senator unless he is a No person shall be a Member of the HoR unless he is a
1. Natural-born citizen 1. Natural-born citizen of the Philippines
2. At least 35 years old on the day of the election 2. At least 25 years old on the day of the election
3. Able to read and write 3. Able to read and write
4. Registered voter 4. Registered voter in the district (except for
5. Resident of the Philippines for not less than 2 party list rep)
years immediately preceding the day of the 5. Resident of the district for not less than 1 year
election immediately preceding the day of the election
(except for party list rep)

Residence – what is required is not just temporary

residence, but domicile
TERM (Sec. 4) TERM (Sec. 7)
The term of office of the senators shall be The Members of the HoR shall be elected for a term of
i. 6 years i. 3 years
ii. Shall commence at 12nn on June 30 ii. Shall commence at 12nn on June 30
iii. No Senator shall serve for more than 2 iii. No member shall serve for more than 3
consecutive terms consecutive terms
iv. Voluntary renunciation is not considered iv. Voluntary renunciation is not considered
interruption in the continuity of his service for interruption of the term
the full term for which he was elected
TERM TENURE
Period during which an Period during which the
official is entitled to hold official actually holds the
office office
Cannot be reduced by May be limited by law
law
.

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A. DISTRICT REPRESENTATIVES AND QUESTIONS OF APPORTIONMENT
District Representative shall be elected from legislative districts that are apportioned in accordance with the
number of inhabitants in each area and on the basis of a uniform and progressive ratio

RULES ON APPORTIONMENT OF LEGISLATIVE DISTRICTS

1. Legislative districts shall be made in accordance with the number of inhabitants and on the basis of a
uniform and progressive ratio
2. Each district shall comprise, as far as practicable, contiguous, compact, and adjacent territory
3. Each city with at least 250,000 inhabitants will be entitled to at least 1 representative
4. Each province, irrespective of the number of inhabitants, is entitled to at least 1 representative
5. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census

LEGISLATIVE APPORTIONMENT REAPPORTIONMENT

The allocation of seats in a legislative body in The realignment or change in legislative districts
proportion to the population. The drawing of voting brought about by changes in population and mandated
district lines so as to equalize population and voting by the constitutional requirement of equality of
power among the districts representation. Reapportionment either through a
special law or general reapportionment law

GERRYMANDERING
Formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party.
This is the reason why the Constitution requires that Legislative Districts be continuous,
my compact, and adjacent

NOTE:
 Only Congress can create provinces and cities because the creation of provinces and cities necessarily
includes the creation of legislative districts. Here, the ARMM Regional Assembly cannot create a province
without a legislative district because the Constitution mandates that every province shall have a legislative
district
 The COMELEC cannot correct the imbalance resulting from the increase of districts by transferring
districts. The COMELEC must wait for a legislative enactment
 The requirement for cities applies only to its initial legislative district. The Constitution does not require a
city to increase its population by another 250,000 to be entitled to an additional district
 The creation of legislative districts does not need confirmation by plebiscite if it does not involve the
creation of a local government unit
 When a municipality is converted into a city large enough to entitle it to one district, the incidental effect is
splitting the district into two. This does not need a consensus. There is no need for plebiscite when one
district is split into two, because there is no creation of new juridical personalities nor division of
territory per se. There is only a need for plebiscite if you are creating a new Local Government Unit

B. PARTY-LIST SYSTEM
Party-list representatives shall constitute 20% of the total number of representatives including those under the
party list

QUALIFICATIONS OF NOMINEE
1. Natural born citizen of the Philippines
2. Registered voter
3. Resident of the Philippines for a period of 1 year immediately preceding the day of the election
4. Able to read and write
5. Bona fide member of the party or organization which he seeks to represent for at least 90 days preceding
the day of election
6. At least 25 years old
7. In youth sector, he must be at least 25 years old but not more than 30 years old

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GUIDELINES TO DETERMINE WHAT ORGANIZATIONS MAY PARTICIPATE IN THE PARTY LIST SYSTEM
1. The parties/organization must represent the marginalized and underrepresented
2. Political parties must comply with this policy
3. Religious sector may not be represented
4. The party or organization must not be disqualified under RA 7941
5. The party or organization must not be an adjunct of or a project organized, funded, or assisted by the
government
6. Its nominees must likewise comply with the requirements of the law
7. The nominee must likewise be able to contribute to the formulation and enactment of legislation that will
benefit the nation

DISQUALIFIED PARTIES OR ORGANIZATIONS

1. A religious sect or denomination
A religious leader may be elected as sectoral representative. The prohibition is against representation of
religious sectors
2. Advocates violence or unlawful means to seek its goal
3. Foreign party or organization
4. Receiving support from any foreign government, political party, foundation
5. Violates or fails to comply with laws, rules or regulations relating to elections
6. Declares untruthful statements in its petition
7. Ceased to exist for at least 1 year
8. Fails to participate in the last 2 preceding elections or fails to obtain at least 2% of the votes cast under
the party list system in the 2 preceding elections

RA 7941 or the Party List System Act provided for the following
1. 2% Threshold Requirement (UNCONSTITUTIONAL)
It is necessary for the parties to obtain at least 2% of the total votes case for the party list system in order to
be entitled to a party list seat. Those garnering more than this percentage could have additional seats in
proportion to their total number of votes

2. 3-seat Limit
No winning party can have more than 3 seats in the HOR

VETERANS FEDERATION PARTY BANAT V. COMELEC

The filling of the 20% was not mandatory but the 2% The filling of 20% was mandatory, and since the 2%
requirement was requirement was an obstacle to filling the 20%, the 2%
requirement is declared unconstitutional

PARAMETERS IN PARTY-LIST ELECTIONS

1. 20% allocation – the combined number of partly list congressmen shall not exceed 20% of the total
membership of the HOR, including those elected under the party list
2. 2% threshold – only those parties garnering a minimum of 2% of the total valid votes cast are qualified to
have a seat in the HoR
3. 3-seat limit – each qualified party, regardless of the number of votes it actually obtained, is entitled to a
maximum of 3 seats (1 qualifying and 2 additional seats)
4. Proportional representation – the additional seats which a qualified party is entitled to shall be computed
in proportion to their total number of votes
i. But since it would make it impossible for the party list seats to be fully filled because of the 2% vote
requirement, the 2% threshold was declared unconstitutional

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C. LESGISLATIVE PRIVILEGES, INHIBITIONS, AND QUALIFICATIONS
PRIVILEGES (Sec. 11)
1. IMMUNITY FROM ARREST – “Senators and members of HOR, in all offenses punishable by not more than
6 years imprisonment, be privileged from arrest while the congress is in session”
• Covers both civil and criminal arrests
• This privilege is only available while the Congress is in session, whether regular or special and
whether or not the legislator is actually attending a session. It is not available when the Congress
is in recess
• The purpose is to protect the legislator against harassment which will keep him away from
legislative sessions
• A Senator, who remains in detention, cannot be allowed to go to the Senate to attend all its official
functions. All prisoners whether under preventive detention or serving final sentence cannot practice
their profession nor engage in any business or occupation, or hold office, elective or appointive,
while in detention. This is a necessary consequence of arrest and detention. The presumption of
innocence does not carry with it the full enjoyment of civil and political rights

2. PARLIAMENTARY PRIVILEGE OF SPEECH – “No member shall be questioned nor be held liable in any
other place for any speech or debate in the congress or in any committee thereof”
• The privilege arises not because the statement is made by a lawmaker, but because it is uttered in
furtherance of legislation
• This does not protect the person against disciplinary authority of the Congress (the congress may
discipline their respective members)
• It is an absolute protection against suits for libel
• It is not essential that the Congress be in session when the utterance is made. What is essential is
that the utterance must constitute legislative action – that is, it must be part of the deliberative
and communicative process by which legislators participate in committee or congressional
proceedings in the consideration of the proposed legislation
• The purpose is to leave the legislator unimpeded in the performance of his duties and free from
fear of harassment from outside
• To participate in or respond to media interviews is not an official function of any lawmaker. A
lawmaker may discharge his duties and legislate without having to communicate with the press. A
lawmaker's participation in media interviews is not a legislative act, but is “political in nature,”
outside the ambit of the immunity conferred under the Speech or Debate Clause

INHIBITIONS (Sec. 12)

All Members of the Congress shall, upon assumption of office, make
i. Make full disclosure of financial and business interests
ii. Notify potential conflict of interest that may arise from filing of a proposed legislation of which they
are authors

DISQUALIFICATIONS (Secs. 13 and 14)

1. Holding other office or employment in the Government, including GOCCs
i. If he does so, he forfeits his seat in the Congress
ii. Even if he resigns, he cannot accept appointment if the office which was created, or the emolument
of which have been increased, during his term
2. Appearing personally as counsel before any court of justice, or Electoral Tribunals, quasi-judicial or other
administrative bodies
3. Directly or indirectly, be interested financially in any contract, franchise or special privilege granted by the
Government
4. Shall not intervene in any matter before any office of the Government for his pecuniary benefit or where
he may be called upon to act on account of his office

NOTE:
• A Senator who is likewise the Chairman of the National Red Cross does not forfeit his seat in the Senate
because the National Red Cross is a private corporation performing a public function
• A congressman cannot buy nominal shares in a corporation and appear in “intervention”
before the SEC. This is a circumvention of the constitutional policy

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D. QUORUM AND VOTING MAJORITIES
E. DISCIPLINE OF MEMBERS
SESSIONS (Sec. 15)
1. REGULAR SESSION – The congress shall convene once every year, 4th Monday of July, unless a different
date is fixed
i. Continue to be in session for such number of days as it may determine until 30 days before the
opening of its next regular session

2. SPECIAL SESSION – President may call a special session at any time

i. This is called by the President while the legislature is in recess

OFFICERS (Sec. 16)

Senate president and Speaker of the house of representatives are elected by a majority vote of all its respective
members. Each house shall choose such other officers as it may deem necessary

NOTE: While the Constitution mandates that the Senate President must be elected by more than one-half of all the
members thereof, it does not provide that the members who will not vote for him shall ipso facto constitute the
“minority,” who could thereby elect the minority leader. No law or regulation states that the defeated candidate
shall automatically become the minority leader

QUORUM TO DO BUSINESS DISCIPLINE OF MEMBERS

Majority of each house, but a small number may Each house may determine the rules of its proceedings,
i. adjourn from day to day and punish its members for disorderly behavior
ii. may compel the attendance of absent i. suspend or expel – 2/3 votes of all its
members in such manner as the house may members
provide ii. suspension shall not exceed 60 days

NOTE: In computing a quorum, members who are NOTE:

outside the country and thus outside of each House’s • This is not subject to judicial review because
coercive jurisdiction are not included the House is the sole judge of what disorderly
behavior is
• When the rules affect only internal operation
of the legislature, this is beyond the reach of the
courts. But if it affects private rights, the courts
cannot altogether be excluded

VOTING MAJORITIES
SENATE HOUSE OF REPRESENTATIVES

NATURE REQUIRED VOTE NATURE REQUIRED VOTE

For the effectivity treaty 2/3 of all Affirm or override 1/3 of all
international agreement resolution to impeach
Conviction in 2/3 of all
impeachment
.

JOURNAL
Each house shall keep a journal of its proceedings
i. publish the same except parts which affect national security
ii. Yeas and nays shall be entered in the journal if requested by 1/5 of the members present

PURPOSE OF JOURNAL
1. To insure publicity to the proceedings of the legislature, and a correspondent responsibility of the members
to their respective constituents
2. To provide proof of what actually transpired in the legislature

ENROLLED BILL DOCTRINE

Signing of a bill by the Speaker and the Senate President, and the certification by the secretaries of both houses that
such bill was passed, are conclusive of its due enactment

What is the value of the Journal as evidence of the contents of a law when what the Journal says conflicts with the
enrolled bill? Enrolled Bill > Journal (because of the respect due to a co-equal department which requires the courts
to accept the certification of the presiding officer as conclusive assurance that what is so certified is authentic)
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F. PROCESS OF LAW-MAKING
BILLS ORIGINATING IN THE HOUSE OF REPRESENTATIVES (Sec. 24)
1. All appropriations,
2. Revenue or tariff bills,
3. Bills authorizing increase of the public debt
4. Bills of local application, and
5. Private bills
shall originate exclusively in the HOR, but the senate may propose or concur with amendments, or pass a
completely different bill from the original one from the house. What is required MADAMBA
is required only is that the bill
originate in the HOR

NOTE: The HOR alone can initiate the passage of a revenue bill. If the House does not initiate one, no revenue law
will be passed

SUBJECT AND TITLE OF BILLS (Sec. 26)

1. Every bill passed shall embrace only one subject which shall be expressed in the title thereof
i. It shall be sufficient compliance if the title expresses the general subject and all the provisions of the
statute are germane to that general subject.

2. No bill passed by either house shall become a law unless:

i. It has passed 3 readings on separate days
ii. Printed copies thereof in its final form have been distributed to its members 3 days before its
passage
iii. Except when the president certifies to the necessity of its immediate enactment to meet a public
calamity or emergency

3. Upon the last reading of a bill, no amendment shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the journal

PROCEDURE IN PASSAGE OF BILLS (Sec. 27)

1. Every bill passed by the congress shall, before it becomes a law, be presented to the president
2. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections
to the house where it originated, which shall enter the objection at large in its journal and proceed to
reconsider it
3. If 2/3 of members of such house shall agree to pass the bill, it will be sent to the other house by which it
will be reconsidered. If 2/3 of members approve, it shall become a law
4. President’s veto shall be communicated within 30 days after date of receipt, otherwise it will become a
law as if he had signed it
5. President shall have the power to veto any particular item/s in an appropriation, revenue or tariff bill, but
the veto shall not affect the item/s not objected

2 STEPS BEFORE A BILL BECOMES A LAW

1. Approved by the Congress
2. Approved by the President by positive act or inaction

Yeas and Nays are required to be taken:

1. Upon last and 3rd reading of a bill
2. At the request of 1/5 of the Members present
3. Repassing a bill over the veto of the President

GENERAL RULE: President’s disapproval of a bill means he should veto the entire bill
EXCEPTION: Appropriations, revenue, and tariff bills where item-veto is authorized

DOCTRINE OF INAPPROPRIATE PROVISIONS

i. A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto
even if it is not an appropriation or revenue item
ii. President may veto riders in an appropriation bill

EXECUTIVE IMPOUNDMENT
i. Another way of exercising executive veto
ii. Refusal of the President to spend funds already allocated by Congress for a specific purpose

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 ENROLLED BILL JOURNAL RECORD
Official copy of approved legislation, Abbreviated account of daily Word for word transcript of
with certifications of presiding proceedings in Congress deliberations in Congress
officers. Submitted to the President
for signature, indicating approval

G. APPORTIONMENT AND RE-ALIGNMENT

FISCAL POWER
No money shall be paid out of the treasury except in pursuance of an appropriation made by law

LIMITATION ON THE FISCAL POWER

No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use,
benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, etc. (except if priest,
preacher is assigned to the armed forces, or to any penal institution, or government orphanage/leprosarium)

RULES OF APPROPRIATION (Sec. 25)

1. Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified in the budget
i. The form, content, and manner of preparation of the budget shall be prescribed by law

2. RIDERS – No provision or enactment shall be embraced in the General Appropriate:* Bill (GAB) unless it
:n
.

relates specifically to some particular appropriations therein. (Not germane to the subject of the law)

3. Procedures in approving appropriations for the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies

4. SPECIAL APPROPRIATIONS BILL – shall specify the purpose for which it is intended and shall be supported
by funds actually available as certified by the National Treasurer or to be raised by a corresponding
revenue proposal therein

5. TRANSFER OF FUNDS/RE-ALIGNMENT – No law shall be passed authorizing any transfer of appropriations,

however,
i. President
ii. Senate President
iii. Speaker of the HOR
iv. Chief Justice
v. Heads of Constitutional Commission
May be authorized to augment any item in the General Appropriations Act (GAA) for their respective offices
from savings in other items of their respective appropriations

6. DISCRETIONARY FUNDS – Appropriated for particular officials shall be disbursed only for public purpose
to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law

7. SPECIAL FUND – Money collected on any tax levied for a special purpose; if fulfilled or abandoned, the
balance shall be transferred to the general funds of the government

8. If Congress failed to pass the GAB for the ensuing fiscal year, the GAA of preceding year shall be deemed re-
enacted and shall remain in force and effect until the GAB is passed by the Congress

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H. LEGISLATIVE INQUIRIES AND OVERSIGHT FUNCTIONS
Legislative Hearings
Sec. 21 – legislative investigations in aid of legislation
Sec. 22 – rule for the exercise of oversight function of Congress. This is to enable the Congress to determine how laws
it has passed are being implemented. However, Department Heads may not appear without the permission of the
President

INQUIRIES IN AID OF LEGISLATION (Sec. 21)

Senate or HOR or any of its committees may conduct inquiries in aid of legislation in accordance with its duly
published rules of procedures. Rights of persons appearing in or affected by such inquiries shall be respected

SCOPE
The power of legislative investigation includes
1. Power to issue summons and notices
2. Power to punish or declare a person in contempt
3. The power to determine the rules of its proceedings

REQUISITES
1. In aid of legislation
“in aid of legislation” – the materiality of the question must be determined by its direct relation to the
subject of the inquiry and not by its indirect relation to any proposed or possible legislation
2. In accordance with duly published rules of procedure
The Rules for Investigations must be published to satisfy the basic requirements of due process
3. Respect for the rights of persons appearing in or affected by such inquiries

PERIOD OF DETENTION FOR CONTEMPT

OLD PREVAILING (Balag v. Senate)
Prior to Balag, the prevailing rule was that the Senate,
as a continuing body (as opposed to the House of HOR SENATE
Representatives), can incarcerate a witness Can last only until the Can last only until the
indefinitely based on Arnault v. Nazareno final adjournment of termination of the
the last session of such legislative inquiry (even
Congress during recess) under
which the said power is
invoked

The legislative inquiry of

the Senate terminates on
2 instances:
1. Upon the
approval or
disapproval of
the Committee
Report
2. Upon the
expiration of
such Congress

The Court ruled that an indefinite and unspecified

period of detention will amount to excessive restriction
and will certainly violate any person's right to liberty

As long as there is a legitimate legislative inquiry, then

the inherent power of contempt by the Senate may be
properly exercised. Conversely, once the said legislative
inquiry concludes, the exercise of the inherent power of
contempt ceases and there is no more genuine necessity
to penalize the detained witness
NOTE:
• Even a Department Head who is an alter ego of the President may be summoned
• Those that cannot be summoned
i. President
ii. Justices of the Supreme Court
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 • Purpose of Legislative Investigation – Essential and appropriate auxiliary to the legislative function. A
legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions
which the legislation is intended to affect or change
• A court has no authority to prohibit the Committee from requiring respondent to appear and testify before
it
• Power of investigation necessarily includes the power to punish a contumacious witness for contempt. This
ends upon final adjournment
• A subpoenaed witness cannot refuse to attend a legislative inquiry by invoking his or her right against self-
incrimination. Such right may be invoked only when the incriminating question is being asked, since they
have no way of knowing in advance the nature or effect of the questions to be asked of them

OVERSIGHT FUNCTION (Sec. 22)

Heads of departments
1. Upon their initiative, with consent of president ,
Or

2. Upon request of either house

May appear before and be heard by such house on any matter pertaining to their departments

Written questions shall be submitted to the president of the senate or speaker of the house at least 3 days before
scheduled appearance

Interpellations shall not be limited to written questions but may cover related matters

When the security of the state or the public interest so requires and the president so states in writing, the appearance
shall be conducted in executive session

QUESTION HOUR
Appearance of department heads before Congress to give account of their stewardship

Sec. 22 pertains to the power to conduct a question hour, the objective of which is to obtain information in pursuit
of Congress' oversight function

NOTE: There is no such thing as a “question hour” in the Constitution (it is a parliamentary concept and
practice). The distinction in legislative hearings is between investigative function and oversight function

LEGISLATIVE INVESTIGATION QUESTION HOUR

Sec. 21 Sec. 22
The power to conduct inquiries in aid of The power to conduct a question hour, the
legislation, the aim of which is to elicit objective of which is to obtain information
information that may be used for legislation in pursuit of Congress’ oversight function
Who may appear Any person Only department heads
Who conducts Entire body or its respective committees Entire body
Subject matter Any matter in aid of legislation Matters related to the department only as
an exercise of Congress’ oversight
function
Nature Compulsory Discretionary
Exempted persons 1. President All heads of departments of the Executive
2. Justices of the Supreme Court Branch of the government shall secure the
3. Members of the AFP, if prevented by consent of the President prior to
the President as Commander-in- appearing before either House of
Chief Congress
Exempted 1. Executive privilege, which must be invoked by the President himself or through
information the Executive Secretary by authority of the President (Senate v. Ermita)
2. Privileged information e.g., national defense, diplomatic, military secrets, etc.
3. Right against self-incrimination

NOTE:
• Under Article VI, Section 22, the appearance of department heads in the question hour is discretionary on
their part
• Only the President may invoke this. If it is invoked by some other person, there must be proof that he or she
has Presidential authority

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I. POWER OF IMPEACHMENT
HOUSE OF REPRESENTATIVES SENATE
The House of Representatives shall have the exclusive The Senate shall have the sole power to try and decide
power to initiate all cases of impeachment all cases of impeachment. No person shall be convicted
without the concurrence of 2/3 of all the Members of
the Senate

J. ELECTORAL TRIBUNALS AND THE COMMISSION ON APPOINTMENTS

1. Powers and jurisdiction
ELECTORAL TRIBUNAL (Sec. 17)
The Senate and the HoR shall each have an Electoral Tribunal which shall be the sole judge of all contests relating
to the election, returns and qualifications of their respective members

SET HRET
9 MEMBERS 9 MEMBERS
3 Justices from the SC (Chairman: Senior Justice) 3 Justices from the SC (Chairman: Senior Justice)
6 Senators – chosen on the basis of proportional 6 Members of HOR – chosen on the basis of
representation from the political parties proportional representation from the political parties

COMELEC HRET
decides if a party list is decides the qualification
qualified to join of party list
representative
.
Jurisdiction of COMELEC on election, returns and qualifications, ends when:
A winning candidate has been proclaimed, taken his oath, and assumed office as member of Senate/HOR

The Tribunals are independent Constitutional bodies. Thus, the Congress cannot regulate the actions of the
Electoral Tribunals even only in procedural matters

COMMISSION ON APPOINTMENTS (Sec. 18)

The CA acts as a legislative check on the appointing authority of the President. For the effectivity of the appointment
of certain key officials enumerated in the Constitution, the consent of the CA is needed

COMPOSITION
There shall be a commission on appointments consisting of
1. Senate President, ex-officio chairman
2. 12 senators
3. 12 members of the HOR
*elected by each house on the basis of proportional representation from political parties

Chairman shall not vote unless there is a tie

Shall act on appointment within 30 session days
Shall rule by a majority vote of all the members

CONSTITUTION (Sec. 19)

Electoral tribunals and the commission on appointments shall be constituted within 30 days after senate and HOR
have been organized with the election of senate president and speaker of the house

Commission on appointments shall meet only while the congress is in session at the call of chairman or majority
of all its members

NOTE:
• The CA must act on all appointments submitted to it within 30 days from submission. This is intended to
prevent the CA from freezing appointments
• The CA shall decide by majority vote
• The CA can meet and act only when the Congress is in session

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K. INITIATIVE AND REFERENDUM
The congress shall provide a system of initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any act or law

Petition signed by at least 10% of the total number of registered voters. Each legislative district must be
represented by at least 3% of the registered voters

INITIATIVE REFERENDUM
The power of the people to propose amendments to The power of the electorate to approve or reject
the Constitution or to propose and enact legislation legislation through an election called for the purpose
called for the purpose
Entirely the work of the electorate Begun and consented to by the law-making body
A process of law-making by the people themselves Consists merely of the electorate approving or rejecting
without the participation and against the wishes of their what has been drawn up or enacted by a legislative
elected representatives body
3 TYPES OF INITIATIVE 2 CLASSES OF REFERENDUM
1. Initiative on the Constitution – A petition 1. Referendum on statutes – petition to approve
proposing amendments to the Constitution or reject an act or law, or part thereof, passed by
2. Initiative on Statutes – A petition proposing to Congress
enact a national legislation 2. Referendum on local laws – legal processes
3. Initiative on Local Legislation – A petition whereby the registered voters of the local
proposing to enact a regional, provincial, city, government units may approve, amend, or
municipal, or barangay law, resolution, or reject any ordinance enacted by the Sanggunian
ordinance

Local Initiative
Registered voters within a local government unit may
file a petition with the Regional Assembly or local
legislative body, respectively, proposing the adoption,
enactment, repeal, or amendment of any
law, ordinance, or resolution

Minimum no. of voters required per LGU

Autonomous region 2,000
Province/city 1,000
Municipality 100
Barangay 50

NOTE: Local initiative should not be exercised more

than once a year

Indirect Initiative
Exercise of initiative by the people through a
proposition sent to the Congress or the local
legislative body for action

MATTERS WHICH MAY NOT BE THE SUBJECT OF INITIATIVE OR REFERENDUM

1. A petition embracing more than one subject
2. Statutes involving emergency measures

REQUIRED PETITION
1. Petition should be registered with the COMELEC
2. Should be signed by at least 10% of the total number of registered voters
3. Every legislative district must be represented by at least 3% of the registered voters thereof

NOTE: The petition to be signed by the people should contain a definite proposal of the amendment of the
Constitution; not merely a general question whether they approve of the amendment or not

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 IV. EXECUTIVE DEPARTMENT

A. QUALIFICATIONS, ELECTION, AND TERM OF THE PRESIDENT AND VICE-PRESIDENT

PRESIDENT VICE-PRESIDENT
QUALIFICATIONS (Secs. 2 and 3)
1. Natural-born citizen
2. Registered voter
3. Able to read and write
4. At least 40 years old on the day of the election
5. Resident for at least 10 years immediately preceding such election

TERM (Sec. 4)
The President and the Vice President shall be elected by direct vote of the people for a term of 6 years
Commences on June 30

President cannot be re-elected Vice-President cannot serve for more than 2

successive terms
Person who succeeded the president and served as
such for more than 4 years cannot be re-elected Vice President may be appointed as a Member of the
Cabinet, without confirmation from Commission on
Appointments

Function of a VP – to act as President when needed, or

to succeed to the presidency in case of permanent
vacancy

Voluntary renunciation of the office for any length of time shall not be considered an interruption in the
continuity of

ELECTION
REGULAR SPECIAL
Regular Election shall be held on the 2nd Monday of 1. Death, Permanent disability, removal from
May office or resignation of both President and Vice-
President
2. Vacancies occur more than 18 months before
the next regular presidential election, and
3. A law passed by Congress calling for a special
election to elect a President and Vice President
to be held not earlier than 45 days nor later
than 60 days from the time of such call

CONGRESS AS CANVASSING BOARD

Congress has authority to canvass and proclaim the winner
i. Returns of every election for President and Vice President, duly certified by the board of canvassers of
each province or city, shall be transmitted to the Congress
ii. Senate President shall not later than 30 days after election, open all the certificates in the presence of
the Members of Congress, upon determination of the authenticity and due execution, canvass the
votes
iii. The person having the highest number of votes shall be proclaimed elected
iv. In case 2 or more have an equal and highest number of votes, one of them shall forthwith be chosen by
the vote of majority of all the members of congress voting separately
v. The Congress shall promulgate its rules for the canvassing of the certificates

NOTE:
• The Congress may continue to canvass even after the adjournment of its sessions. The adjournment
terminates legislative functions only
• The function of Congress is not merely ministerial. It has authority to examine the certificates of canvass
for authenticity and due execution

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SUPREME COURT AS THE PRESIDENTIAL ELECTORAL TRIBUNAL (PET)
Supreme Court En Banc shall be the sole judge of all contests relating to the election, returns, and qualifications
of the President and Vice President
i. This includes the duty to correct manifest errors in the Statements of Votes (SOV) and Certificates of
Canvass (COC)

B. PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS

PRIVILEGES
1. PRESIDENTIAL IMMUNITY
The President shall be immune from suit during his tenure. The presidential immunity from suit remains
preserved under our system of government, albeit not expressly reserved in the present constitution
Once out of office, even before the end of the 6-year term, immunity for non-official acts is lost (e.g., Pres.
Estrada who was charged with criminal cases)

The rationale behind the presidential immunity is to assure the exercise of presidential duties and functions
free from any hindrance or distraction

NOTE:
• Immunity from suit is personal to the President and may be invoked by him alone. The President
may waive it impliedly, as when he himself files suit
• Department secretary, even if an alter ego of the President, cannot invoke presidential immunity
in a case filed against him because the questioned acts are not the acts of the President

2. EXECUTIVE PRIVILEGE (PRESIDENTIAL COMMUNICATIONS PRIVILEGE)

The power of the President to withhold certain types of information from the courts, the Congress and
ultimately, the public

COVERED BY THE EXECUTIVE PRIVILEGE

Executive privilege covers all confidential or classified information between the President and the public
officers covered by this executive order, including
i. Conversations and correspondence of the President and other public officials
ii. Military, diplomatic and other national security matters
iii. Information between inter-government agencies prior to conclusion of treaties/executive
agreements
iv. Closed-door cabinet meetings
v. Matters affecting national security

NOTE: Claim must be stated with sufficient particularity to enable Congress or court determine its
legitimacy

ELEMENTS OF PRESIDENTIAL COMMUNICATIONS PRIVILEGE

i. Communications relate to a “quintessential and nondelegable power” of the President (e.g., the
power to enter into an executive agreement with other countries without the concurrence of the
legislature)
ii. Communications are “received” by a close advisor of the President (operational proximity)

DOCTRINE OF OPERATIONAL PROXIMITY

Not every person who plays a role in the development of presidential advice, no matter how remote
and removed from the President, can qualify for the privilege. Instead, the privilege should apply only
to communications authored or solicited and received by those members of an immediate White
House advisor’s staff who have broad and significant responsibility for investigation and
formulating the advice to be given the President on the particular matter to which the
communications relate. Only communications at that level are close enough to the President to be
revelatory of his deliberations or to pose a risk to the candor of his advisers. Here, Sec. Neri of NEDA
can be considered a close advisor, being a member of Pres. Arroyo

iii. There is no adequate showing of a compelling need that would justify the limitation of the privilege
and of the unavailability of the information elsewhere by an appropriate investigating authority

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 PRESIDENTIAL COMMUNICATIONS PRIVILEGE DELIBERATIVE PROCESS PRIVILEGE
Pertains to communications, documents or other Includes advisory opinions, recommendations and
materials that reflect presidential decision- making and deliberations comprising part of a process by which
deliberations governmental decisions and policies are formulated
Applies to decision- making of the President Applies to decision- making of executive officials (and
judiciary)
Rooted in the constitutional principle of separation of Based on common law privilege
powers

INHIBITIONS
1. No increase in salaries until after the expiration of the term of the incumbent during which such increase
was approved
2. Shall not, during tenure, directly or indirectly, practice any other profession, participate in any business, or
be financially interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including GOCCs or their subsidiaries
3. Shall not receive any other emoluments from the government or any other source
4. Shall avoid conflict of interest in conduct of office

DISQUALIFICATIONS (Sec. 13)

President, Vice President, Members of the Cabinet, and their Deputies/Assistants shall not
1. Hold any other office or employment (unless otherwise provided in the Constitution)
2. Directly/indirectly practice any profession
3. Participate in any business
4. Financially interested in any contract, franchise or privilege granted by the Government

The following cannot be appointed as members of the (1) Constitutional Commission, (2) Office of the OMB, or
as (3) Secretaries, Undersecretaries, Chairmen or Heads of Bureaus or Offices, including GOCCs:
1. President’s spouse
2. Relatives by consanguinity or affinity within the 4th civil degree

C. POWERS OF THE PRESIDENT

1. General executive and administrative powers
GENERAL EXECUTIVE POWER ADMINISTRATIVE (REORGANIZATION) POWERS
The executive power shall be vested in the President The President has the continuing authority to
of the Philippines reorganize the national government, which includes
the power to group, consolidate bureaus and agencies,
The Constitution does not define what is meant by to abolish offices, to transfer functions, to create and
executive power although it touches on the exercise of classify functions, services, and activities and to
certain powers by the President: standardize salaries and materials, if effected in good
i. power of control over all executive faith and for the purpose of economy or make the
departments, bureaus, and offices, bureaucracy more efficient
ii. power to execute the laws
iii. appointing power
iv. powers under the commander-in-chief
clause
v. power to grant reprieves, commutations,
and pardons
vi. power to grant amnesty with the
concurrence of Congress
vii. power to contract or guarantee foreign
loans
viii. power to enter into treaties or
international agreements
ix. power to submit the budget to Congress
x. power to address Congress

NOTE: The President’s executive powers are not

limited to those set forth in the Constitution. The
President has residual powers as the Chief Executive
of the country, which powers include others not set
forth in the Constitution

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 RESIDUAL POWERS
The President shall exercise such other powers and
functions vested in the President which are provided
for under the laws and which are not specifically
enumerated above, or which are not delegated by the
President in accordance with law

The textual justification is Art. VII, Section 17 (power of

supervision) to ensure that the laws are faithfully
executed

FAITHFUL EXECUTION CLAUSE

Until and unless a law is declared unconstitutional, the
President has a duty to execute it regardless of his
doubts as to its validity

2. Power of appointment
a. In general
KINDS OF PRESIDENTIAL APPOINTMENTS
1. Appointments made by an acting president
2. Appointment made by a President after the election of his successor and up to the end of his term. This is
prohibited by the Constitution
3. Those made 2 months before the next Presidential election. This is prohibited by the Constitution
4. Regular presidential appointments, with or without confirmation by the Commission on Appointments, and
recess and ad-interim appointments

REQUISITES FOR VALID APPOINTMENT

1. Authority to appoint and evidence of its exercise
2. Transmittal of the appointment and proof of it
3. Vacant position at the time of appointment
4. Receipt of the appointment and
5. Acceptance by the appointee who possesses all the qualifications and none of the disqualifications

b. Confirmation and by-passed appointments

WITH CONSENT OF CA WITHOUT CONSENT OF CA
The President shall nominate and appoint the following The President shall appoint the following without need
with consent of the Commission on Appointments of consent from the Commission on Appointments
1. Heads of the executive departments 1. Members of the SC
2. Ambassadors, public ministers, and consuls 2. Judges of lower courts
3. Officers of the Armed Forces 3. The OMB and his Deputies
i. Rank of Colonel or Naval Captain 4. Chairman of the CHR
4. Other officers whose appointments are vested
in the President
i. Regular members of the JBC
ii. Chairman and Commissioners of CSC,
COMELEC and COA
5. All other officers whose appointments are not
provided by law

APPOINTMENTS BY ACTING PRESIDENT (Sec. 14)

Appointments made by Acting President is effective unless revoked by elected president within 90 days

NOTE: The power of the succeeding President to revoke appointments made by the Acting President refers only to
appointments in the Executive Department

DISAPPROVED V. BY-PASSED APPOINTMENTS

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DISAPPROVED V. BY-PASSED APPOINTMENTS
APPOINTMENTS DISAPPROVIED BY-PASSED APPOINTMENTS
When the Commission disapproves an ad interim When an ad-interim position is by-passed because of
appointment, the appointee can no longer be law of time or failure of the Commission to organize,
extended a new appointment, inasmuch as the there is no final decision, the President is free to
disapproval is a final decision in the exercise of the renew the ad-interim appointment
Commission’s checking power on the appointment
authority of the President

c. Midnight and ad-interim appointments

MIDNIGHT APPOINTMENTS AD-INTERIM APPOINTMENTS
GENERAL RULE: 2 months immediately before next An ad interim appointment is a permanent
elections, the President shall not make appointments appointment unless otherwise indicated. It is an
appointment made by the President while Congress is
EXCEPTION: Temporary appointments to executive not in session or during recess
positions when continued vacancies therein will
i. prejudice public service or
ii. endanger public safety

NOTE: NOTE:
• Prohibition does not extend to appointments in • Applies only to positions requiring confirmation
the SC. Had the framers intended to extend the of CA
prohibition to the appointment of Members of • The President shall have the power to make
the Supreme Court, they could have explicitly appointments during the recess of the Congress
done so. The prohibition is confined to (meaning the Commission on Appointments
appointments in the Executive Department. does not meet), whether voluntary or
Existence of the JBC also prevents possible compulsory, but such appointments shall be
abuses in appointment effective only
• There is no law that prohibits local elective i. until disapproval by the Commission
officials from making appointments during the on Appointments or
last days of his or her tenure. Prohibition only ii. until the next adjournment of the
applies to appointments by the President Congress
• Appointments of local chief executives must • The assumption of office on the basis of the ad
conform to these civil service rules and interim appointments does not amount to a
regulations in order to be valid temporary appointment. An ad interim
appointment is a permanent appointment
because it takes effect immediately and can
no longer be withdrawn by the President once
the appointee has qualified into office, but the
effectivity lasts only until disapproval by the CA
or until the next adjournment of the Congress
• Appointments to fill an office in an “acting”
capacity are not ad-interim in nature and need
no CA approval

d. Power of removal
GENERAL RULE: The express power of appointment of the President has the corollary implied power of
removal. Hence, the President may remove appointees

EXCEPTION: Appointments requiring certain methods for removal (e.g., Impeachment, appointment of
judges of inferior courts)

DISCIPLINARY POWERS
The power of the President to discipline officers flows from the power to appoint the officer, and not from the
power of control

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D. POWER OF CONTROL AND SUPERVISION
POWER OF CONTROL POWER OF SUPERVISION
The power of an officer to alter, modify, or set aside The power of a superior officer to ensure that the laws
what a subordinate officer has done in the performance are faithfully executed by subordinates
of his duties, and to substitute the judgment of the
officer for that of his subordinate The President shall ensure that the laws be faithfully
executed (Sec. 17)
Power of control includes the power to reorganize
executive offices

The President shall have control of all the executive

departments, bureaus, and offices (Sec. 17)

NOTE: The President’s power of control is a self-

executing provision. The incumbent President is free
to amend, rescind and modify any political agreements
entered into by the previous Presidents

1. Doctrine of qualified political agency (Alter-ego doctrine)

The heads of the executive departments are the alter egos of the President, and, thus, the actions taken by such
heads in the performance of their official duties are presumptively the acts of the President unless the President
himself should disapprove such acts. All executive organizations are adjuncts of a single Chief Executive

EXCEPTION:
1. If the acts are disapproved or reprobated by the President
2. In cases where the Chief Executive is required by the Constitution or law to act in person (e.g., the power to
grant pardons)
3. The exigencies of the situation demand that he act personally

NOTE: The doctrine remains limited to the President's executive secretary and other cabinet secretaries. It does
not extend to deputy executive secretaries or assistant deputy secretaries

2. Executive departments and offices

The President may, by executive or administrative order, direct the reorganization of government entities under
the Executive Department – this flows from the president’s power of control

NOTE:
• The President may transfer any agency under the Office of the President to any other department or agency,
subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency
• The creation of the Truth Commission does not fall within the President’s power to reorganize. It flows from
the faithful-execution clause. One of the recognized powers of the President is the power to create ad hoc
committees. This flows from the need to ascertain facts and determine if laws have been faithfully executed
or guide the President in performing his duties relative to the execution and enforcement of laws

3. Local government units

• The power of the president over local government units is only of general supervision. He can interfere
with the actions of their executive heads only if these are contrary to law
• The President exercises direct supervision over autonomous regions, provinces, and independent cities
• To facilitate the exercise of power of general supervision of local government, the President may merge
administrative regions and transfer the regional center to Koronadal City from Cotabato City

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E. EMERGENCY POWERS
CONDITIONS FOR THE EXERCISE OF THE PRESIDENT OF EMERGENCY POWERS
1. There must be a war or national emergency
2. There must be a law authorizing the President to exercise emergency powers
3. Exercise must be for a limited period
4. Exercise must be necessary and proper to carry out a declared national policy, and
5. Must be subject to restrictions that Congress may provide

NOTE:
• Congress is the repository of emergency powers. But in times of war or other national emergency, it
may, by law, authorize the President, for a limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof
• The President could validly declare the existence of a state of national emergency even in the absence of a
Congressional enactment. But the exercise of emergency powers, such as the taking over of privately owned
public utility or business affected with public interest, is a different matter. This requires a delegation from
Congress

F. MILITARY POWERS
President shall be the commander-in-chief of all the AFP
1. Call Out (whenever necessary) – to prevent or suppress
i. lawless violence
ii. invasion, or
iii. rebellion

2. Suspend the privilege of the writ of habeas corpus, OR

3. Declare martial law
i. in case of invasion or rebellion
ii. when the public safety requires it
iii. for a period not exceeding 60 days

Within 48 hours from the proclamation of Martial Law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in writing to the Congress

The Congress, by a vote of majority, voting jointly, may revoke such proclamation or suspension
Upon initiative of the President, the congress may, in the same manner, extend such proclamation or suspension
for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires
it
NOTE: Manner of approval by Congress of extension is a political question. The Court cannot review the
rules promulgated by Congress (in extending martial law or the suspension of the writ of habeas corpus) in
the absence of any constitutional violation

If not in session, the Congress, within 24 hours, shall convene following such proclamation or suspension

The Supreme Court may review the sufficiency of the factual basis of the proclamation of martial law or the
suspension of the privilege of writ of habeas corpus. It must promulgate its decision within 30 days from filing
• Note that the SC can exercise judicial review only on proclamation of martial law and suspension of the
privilege of the writ, but not with the calling out power

GRADUATION OF THE EXTRAORDINARY POWERS

The Constitution gives the President a sequence of graduated powers. From the most to the least benign, these are:
i. the calling out power
ii. the power to suspend the privilege of the writ of habeas corpus, and
iii. the power to declare martial law

NOTE: The graduation refers only to hierarchy based on scope and effect. It does not in any manner refer to a
sequence, arrangement, or order which the Commander-in-Chief must follow. This so-called "graduation of
powers" does not dictate or restrict the manner by which the President decides which power to choose

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1. Calling-out powers
As Commander-in-Chief of the Armed Forces, whenever necessary, the President may call out the Armed Forces to
prevent or suppress:
1. Lawless violence
2. Invasion
3. Rebellion

NOTE:
• The President may exercise the power to call out the Armed Forces independently of the power to
suspend the privilege of the writ of habeas corpus and to declare martial law, although, it may also be a
prelude to a possible future exercise of the latter powers
• PD 1017 is unconstitutional insofar as it grants PGMA the authority to promulgate “decrees.” Such
constitutes legislative power. She can only order the military, under PP 1017, to enforce laws pertinent to its
duty to suppress lawless violence

DECLARATION OF A STATE OF EMERGENCY

The declaration of a state of emergency is merely a description of a situation that authorizes the President to call
out the Armed Forces to help the police maintain law and order. It gives no new power to her, or to the military, or
to the police. Certainly, it does not authorize warrantless arrests or control of media

2. Declaration of martial law and suspension of privilege of the writ of habeas corpus;
extension
MARTIAL LAW – an exercise of police power. The object of the exercise is public safety. This is a flexible concept
as it depends on 2 factual bases:
1. The existence of actual invasion or rebellion
2. The requirements of public safety

LIMITATIONS ON THE POWER TO SUSPEND PRIVILEGE AND TO IMPOSE MARTIAL LAW

1. Time limit of 60 days
2. Review and possible revocation by the Congress
3. Review and possible nullification by the Supreme Court

A state of martial law does not

i. Suspend the operation of the Constitution
ii. Supplant the functioning of the civil courts or legislative assemblies
iii. Authorize the conferment of jurisdiction on military courts and agencies
iv. Automatically suspend the privilege of the writ of habeas corpus

TERRITORIAL COVERAGE
• The Constitution grants to the President the discretion to determine the territorial coverage of martial law
and the suspension of the privilege of the writ of habeas corpus. He may put the entire Philippines or only
a part thereof under martial law
• Limiting the proclamation and/or suspension to the place where there is actual rebellion would not only
defeat the purpose of declaring martial law, it will make the exercise thereof ineffective and useless. (e.g.,
martial law over Mindanao as a whole and not merely Marawi where actual rebellion transpired)
i. It is difficult, if not impossible, to fix the territorial scope of martial law because rebellion and public
safety have no fixed physical dimensions
ii. The President's duty to maintain peace and public safety is not limited only to the place where there
is actual rebellion; it extends to other areas where the present hostilities are in danger of spilling
over

SUSPENSION OF THE PRIVILEGE OF THE WRIT

It shall apply only
i. to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion
ii. During suspension, any person arrested shall be judicially charged within 3 days, otherwise, he shall
be released
As Commander in Chief, the President, although civilian, has the power to direct military operations and to
determine military strategy

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 WRIT OF HABEAS CORPUS PRIVILEGE OF THE WRIT OF HABEAS CORPUS
A writ directed to the person detaining another, Right to have an immediate determination of the
commanding him to produce the body of the prisoner legality of the deprivation of physical liberty
at a designated time and place, with day and cause of
detention, to do, to submit to and to receive whatever
the court shall consider in that behalf

JUDICIAL POWER TO REVIEW CONGRESSIONAL POWER TO REVOKE

Court can only refer to information available to the Congress may take into consideration:
President prior to or at the time of the declaration 1. Data available to the President prior to or at the
time of the declaration and
Court is not allowed to undertake an independent 2. Events supervening the declaration
investigation beyond the pleadings
Does not look into the absolute correctness of the Can probe further and deeper, can delve into accuracy
factual basis of facts presented before it
Passive Automatic
Initiated by filing of a petition in an appropriate May be activated by Congress itself at any time after the
proceeding by a citizen proclamation or suspension was made

G. EXECUTIVE CLEMENCY
1. Forms and limitations
FORMS
1. REPRIEVES – Postpone the execution of an offense to a day certain
2. COMMUTATIONS – Remission of a part of the punishment; a substitution of a less penalty for the one
originally imposed
3. REMISSION OF FINES AND FORFEITURES – Prevents the collection of fines or the confiscation of forfeited
property; it cannot have the effect of returning property which has been vested in third parties
4. PARDONS – A private act of the President. It is an act of grace which exempts an individual from the
punishment
i. It is a deed, to the validity to which delivery is essential, and delivery is not complete without
acceptance
ii. 2 TYPES
a. ABSOLUTE – complete even without acceptance
b. CONDITIONAL – has no force until accepted by the condemned (such as when the condition may
be less acceptable to him than the original punishment, and may in fact be more onerous)
iii. Looks forward and relieves the offender from consequences of an offense
iv. It does not work restoration of rights to hold public office, or the right of suffrage; in no case
exempts the culprit from civil liability
v. Note this can only apply to one whose conviction is final

5. AMNESTY – A general pardon to rebels for their treason and other high political offenses
i. By proclamation of the Chief Executive and concurrence of Congress, is a public act of which the Court
should take judicial notice
ii. It looks backward and abolishes and puts into oblivion the offense itself
iii. The person released by amnesty stands before the law as though he had committed no offense

PARDON AMNESTY
Ordinary Offenses Political Offenses
To individuals To a class of persons
Must be accepted Need not be accepted
No need for Congressional Concurrence Requires concurrence of majority of all members
of Congress
Private act of President; it must be proved A public act; subject to judicial notice
Only penalties are extinguished; May or may not Extinguishes the offense
restore political rights; Absolute pardon restores;
Conditional, does not. Civil indemnity is not
extinguished
Only granted after conviction by final judgment May be granted before or after conviction

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LIMITATIONS
1. Cannot be granted before conviction, in case of impeachment
2. Grant of amnesty requires concurrence of a majority of all the members of the Congress
3. Not applicable for violations of election laws, rules or regulations (unless there is favorable
recommendation of the COMELEC)

EXECUTIVE CLEMENCY IN ADMINISTRATIVE CASES

The power to grant clemency includes cases involving administrative penalties. Where a conditional pardon is
granted, the determination of whether it has been violated rests with the President. The President can extend it to
administrative cases but only in the Executive Branch, not in the Judicial or Legislative Branches of government

H. DIPLOMATIC POWER
POWER TO CONTRACT FOREIGN LOANS “BORROWING POWER” (Sec. 20)
The President may contract or guarantee foreign loans in behalf of the Philippines, with the prior concurrence of
the monetary board and subject to such limitations as may be provided by law

Monetary board, within 30 days, from the end of every quarter, submit to the Congress a complete report of its
decision on application for loans to be contracted or guaranteed by the Government or GOCCs which would increase
the foreign debt

FOREIGN RELATIONS POWERS (Sec. 21)

Treaty and International Agreements require 2/3 Votes of all the Members of the Senate

TREATIES EXECUTIVE AGREEMENTS

International agreements involving political issues or International agreements embodying adjustments of
changes of national policy and those involving detail carrying out well-established national policies
international arrangements of permanent character and traditions and those involving arrangements of
more or less temporary nature

Foreign relations powers of the President

1. Power to negotiate treaties and international agreements
2. Power to appoint ambassadors and other public ministers and consuls
3. Power to receive ambassadors and other public ministers and consuls
4. Power to contract and guarantee foreign loans
5. Power to deport aliens

GENERAL RULE: International agreements require ratification of the Senate if it is permanent and original,
which must be embodied in a treaty

EXCEPTION: International agreements do not require ratification of the Senate if they are temporary or
are merely implementations of treaties or statues

NOTE:
• The decision to enter or not to enter into a treaty is a prerogative solely of the President. Thus, unless the
President submits a treaty to the Senate, there is nothing for the Senate to concur in
• The Exchange of Notes between Secretary Romulo and US Ambassador embodying “No Surrender
Agreement” regarding citizens arrested under the Rome Treaty is valid. An exchange of Notes is equivalent
to an executive agreement and it is a valid form of international agreement. The categorization of
agreements in Eastern Sea Trading, is not cast in stone. Neither a hard and fast rule on whether Senate
concurrence is needed for executive agreements

!!! Pangilinan v. Cayetano

The President does not have absolute unilateral authority to withdraw from a treaty
i. While the President enjoys some leeway in withdrawing from agreements, he cannot unilaterally
withdraw from agreements which were entered into pursuant to congressional imprimatur. When
a statute is adopted, the President cannot withdraw from the treaty being implemented unless the
statute itself is repealed (ex. Congress passed R.A 9581 ahead of the Senate’s concurrence to the Rome
Statute)
ii. The President cannot unilaterally withdraw from international agreements where the Senate
concurred and expressly declared that any withdrawal must also be made with its concurrence.
Effecting treaties is a shared function between the executive and legislative branches hence the
Senate’s power to concur with treaties necessarily includes the power to impose conditions for its
concurrence

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I. POWERS RELATIVE TO APPROPRIATION MEASURES
ITEM VETO POWER on the basis of
1. Doctrine of Inappropriate Provisions – A provision that is constitutionally inappropriate for an
appropriation bill may be subject to veto even if it is not an appropriation or revenue “item” Executive
2. Impoundment – Refusal of the President to spend funds already allocated by Congress for a specific purpose.
It is, in effect, an “impoundment” of the law allocating such expenditure of funds
3. Budget – The Executive Branch proposes a budget to Congress, which the latter considers in drafting
appropriation laws
4. Power to Augment – Augment any item in the GAA

VETO POWERS
i. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If
he fails to do so, the bill shall become law as if he signed it. The rule eliminates the possibility of a “pocket
veto” whereby the President simply refuses to act on the bill
ii. In exercising the veto power, the bill is rejected and returned with his objections to the House from which
it originated. The House shall enter the objections in the journal and proceed to reconsider it

POCKET VETO ITEM VETO

When the president is considered to have rejected a bill Power of a president to nullify or cancel specific
submitted to him for his approval when Congress provisions of a bill, usually a budget appropriations bill,
adjourns during the period given to the president to without vetoing the entire legislative package
approve or reject a bill

Congressional pork barrel violates the President’s power to item-veto

The President cannot exercise his item-veto power because the purpose of the lump-sum discretionary budget is
still uncertain. Furthermore, it cannot be considered an item because an item is defined in the field of appropriations
as the particulars, details, distinct and severable parts of the appropriation or of the bill

J. RULES OF SUCCESSION
SITUATIONS EXISTING AT THE BEGINNING OF THE SITUATIONS EXISTING AFTER THE OFFICE HAS
TERM OF THE PRESIDENCY BEEN FILLED
(Sec. 7) (Sec. 8)
Vice President will become ACTING PRESIDENT until Vice President shall become the President for the
the President-elect shall be qualified if unexpired term, in case of:
1. President fails to qualify 1. President’s death
2. President has not been chosen 2. Permanent disability
3. Removal from office
Vice President shall become PRESIDENT if: 4. Resignation
1. President died
2. President has become permanently disabled In case of death, permanent disability, removal from
office or resignation of both the President and VP,
Senate President (in case of inability, then the 1. Senate President,
Speaker of the House) shall be Acting President until a 2. then Speaker of HOR (he does not lose the
President or a *
CP shall have been chosen and qualified senate presidency or the speakership), shall be Acting
if: President until a President or VP shall have been elected
1. President and VP fail to qualify and qualified.
2. President and VP have not been chosen
3. Both have died
4. Both have been permanently disabled

If none, the Congress shall by law provide for the

manner to choose as Acting President

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VACANCY
VICE-PRESIDENT (Sec. 9) VICE-PRESIDENT AND PRESIDENT (Sec. 10)
In case of Vacancy of Vice President, the President shall At 10:00 in the morning of the 3rd day after the
nominate a VP from among the Members of the vacancy in the Offices of the President and Vice
Senate and HOR who shall assume office upon President occurs,
confirmation by a majority vote of all members of both
houses, voting separately The Congress shall
i. convene in accordance with its rules
without need of a call and
ii. within 7 days enact a law calling for a
special election to elect a President and a
Vice President to be held not earlier than
45 days nor later than 60 days from the
time of such call

The bill calling such special election shall be deemed

certified and shall become law upon its approval on
3rd reading by the Congress

Appropriations for the Special Election shall be

charged against any current appropriations

The convening of the Congress cannot be suspended

nor the special election postponed. No special
election shall be called if the vacancy occurs within 18
months before the date of the next presidential election

TEMPORARY DISABILITY (Sec. 11)

Vice President shall be Acting President whenever
i. the President sends to the Senate President/Speaker written declaration that he is unable to discharge
his powers and duties
ii. the majority of cabinet members sends to the Senate President/Speaker written declaration that the
President is unable to discharge his powers and duties

The President shall reassume his powers and duties when

i. the President submits his written declaration that there is no inability that exists

The Congress shall decide the issue (and shall convene within 48 hours) when
i. the majority cabinet members send letter within 5 days their written declaration that the President is
unable to discharge the powers and duties of his office
ii. The Congress, within 10 days if in session, or 12 days if not, determines by 2/3 votes, voting separately
that the President is unable to discharge the powers and duties of his office, the VP shall act as President.
Otherwise, the President shall continue exercising the powers and duties of his office.

SERIOUS ILLNESS OF THE PRESIDENT (Sec. 12)

The public shall be informed of the state of his health

During such illness, the following shall not be denied access to the President:
1. Cabinet Members in charge of National Security and Foreign Relations (National Security Adviser, Sec. of
Foreign Affairs)
2. Chief of Staff of the AFP

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 V. JUDICIAL DEPARTMENT
A. JUDICIAL POWER
SECTION 1
Judicial Power shall be vested in one Supreme Court and in such lower courts as may be established by law.

JUDICIAL POWER includes the duty of the courts of justice

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

PRINCIPLES OF JUDICIAL RESTRAINT

A theory of judicial interpretation that encourages judges to limit the exercise of their own powers. It asserts that
judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as
obviously unconstitutional is itself a matter of some debate.

GRAVE ABUSE OF DISCRETION

Exercise of discretion or judgment whimsically, capriciously or arbitrarily out of malice, bias or ill will, amounting
to lack or excess of jurisdiction. It is patent and gross to amount to an evasion of positive duty or virtual refusal to
perform a duty enjoined by law.

LIMITATIONS OF JUDICIAL POWER

1. Political questions
2. Separation of powers
3. Advisory opinions

ADVISORY OPINIONS
It is an opinion issued by a court or that does not have the effect of adjudicating a specific legal case, but merely
advises on the constitutionality or interpretation of a law. The judiciary cannot give advisory opinions.
Advisory Opinion Declaratory Relief or Judgement
One where the factual setting is conjectural or Involves real parties with real conflicting legal interest.
hypothetical.
Binds no one. A final judgment and is forever binding on the parties.
Not a judicial act. A judicial act.

ROLE OF THE LEGISLATURE IN THE JUDICIAL PROCESS

The proper exercise of such power requires prior legislative action:
1. Defining such enforceable and demandable rights and prescribing remedies
2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights

NOTES:
• It is necessary that there be a law that give rise to some specific rights. Thus, an award of honors to a
student by a board of teachers may not be reversed by a court where the awards are governed by no
applicable law.
• The court has no authority to entertain an action for judicial declaration of citizenship because there was
no law authorizing such proceeding.

DOCTRINE OF JUDICIAL SUPREMACY

When the judiciary apportions constitutional boundaries, it neither asserts superiority nor nullifies an act of the
Legislature. It only asserts the solemn and sacred obligation assigned to it by the Constitution to determine
conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the
rights which that instrument secures and guarantees to them.

JUSTICIABLE CONTROVERSY
A controversy involving a real issue that can be settled by a court, involving a present claim made by one party and
another party disputing it.

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B. JUDICIAL REVIEW
POWER OF JUDICIAL REVIEW
• Authority of the Court to inquire into the acts of the branches of government or instrumentalities thereof.
• It is the Supreme Court’s power to declare a law, treaty, international or executive agreement, presidential
decree, proclamation, order, instruction, ordinance or regulation unconstitutional.

1. Requisites [EARLS]
1. Ripe for Adjudication
a. the existence of an actual and appropriate case involving a conflict of legal rights
susceptible of judicial determination
i. the question must be ripe for adjudication, that is, the governmental act being
challenged must have had adverse effect on the person challenging it
2. Locus Standi
a. the existence of personal and substantial interest on the part of the party raising the
constitutional question
i. the constitutional question must be raised by a proper party
ii. he has sustained or will sustain direct injury as a result of its enforcement
3. Raised at the Earliest Opportunity
a. recourse to judicial review is made at the earliest opportunity; and
4. Constitutionality is the Very Lis Mota
a. the resolution of the constitutional question must be necessary to the decision of the case.

FIRST: RIPE FOR ADJUDICATION

A constitutional question is ripe for adjudication when the governmental act being challenged has had a direct
adverse effect on the individual challenging it. The issues raised in the case must not be moot and academic, or
because of subsequent developments, have become moot and academic and the Court has nothing left to resolve.
Requisites:
1. An act had been accomplished or performed by either branch of government before a court may interfere
2. Petitioner must allege the existence of an immediate or threatened injury to himself as a result of the challenged action

SECOND: STANDING
Legal Standing / Locus Standi has been defined as a personal and substantial interest in the case, such that the
party has sustained or will sustain direct injury as a result of the challenged act.

Legislators and Government Officials

Members of the Senate have the stand to file suit. Not only do members of the Senate have this kind of power, but also the House of
Representatives. Government employees who have experienced injustices in their respective agencies of work can file suit and have
standing on it.

The members of party list cannot have standing. The Executive Secretary cannot have this kind of power in external relations because
only the President is the sole representative.

Citizens and Associations

A citizen will be allowed to raise a constitutional question only when he can show the following:
(1) that he has personally suffered some actual or threatened injury as a result of the allegedly illegal conduct of government
(2) the injury is fairly traceable to the challenged action and
(3) the injury is likely to be redressed by a favorable action.

EXCEPTION TO THE GENERAL RULES ON STANDING

1. Overbreadth Doctrine → A principle of Judicial Review that holds that a law is invalid if it punishes
constitutionally protected speech or conduct along with speech or conduct that the government may limit to
further a compelling government interest.

2. Taxpayers Suits → A taxpayer has standing to sue if it can be shown that:

(1) he has a sufficient interest in preventing the illegal expenditure of money raised by taxation
(2) he will sustain a direct injury as a result of the enforcement of the questioned statute.

3. Third Party Standing (Jus Tertii) → The right of litigants to bring actions on behalf of third parties,
provided the following criteria are satisfied:
(1) The litigant must have suffered an injury-in-fact thus giving him a sufficient concrete interest in the
outcome of the issue in dispute
(2) The litigant must have a close relation to the 3rd party
(3) There must exist some hindrance to the 3rd party’s ability to protect his or her own interests.

4. Doctrine of Transcendental Importance → When the matter is of transcendental importance and

paramount interest, the Court may allow a liberal approach to standing. The transcendental importance
to the public of these cases demands that it be settled promptly and definitely, brushing aside technicalities
of procedure.

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THIRD: RAISE AT THE EARLIEST OPPORTUNITY
ADMINISTRATIVE AGENCIES – NO POWER
The requirement that a constitutional issue be raised at the earliest opportunity entails the interposition of the issue
in the pleadings before a competent court, such that, if the issue is not raised in the pleadings before that competent
court, it cannot be considered at the trial and, if not considered in the trial, it cannot be considered on appeal.

FOURTH: CONSTITUTIONALITY IS THE VERY LIS MOTA

Lis mota literally means “the cause of the suit or action.” Given the presumed validity of a law or an action, the
petitioner who claims otherwise has the burden of showing first that the case cannot be resolved unless the
constitutional question he raised is determined by the Court.

2. Political Questions Doctrine

Justiciable Questions Political Questions
A definite and concrete dispute touching on the legal A question, the resolution of which has been vested by
relations of parties having adverse legal interests which the Constitution exclusively:
may be resolved by a court of law through the • In the people in their sovereign capacity, or
application of a law. • In which full discretionary authority has
been delegated to a co-equal branch of the
government (legislative or executive).

NOTES:
• Judiciary is NOT precluded from reviewing political questions under the expanded jurisdiction of the
Supreme Court (i.e., the power to determine whether or not there has been grave abuse of discretion).
• The concept of a political question never precludes judicial review when the act of a constitutional
organ infringes upon a fundamental individual or collective right (Dioces of Bacolod vs. COMELEC).

Examples of Political Questions

• Interpretation of the meaning of disorderly behavior and the legislature’s power to suspend a
member. The matter is left to the discretion of the legislature.
• Court has no authority to intervene whether or not the HOR disregarded its own rules.
• The determination of what constitutes betrayal of public trust or other high crimes is a political
question. It is left to the sound discretion of the legislature.

3. Moot Questions
One that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration
thereon would be of no practical use or value.

GENERAL RULE: Courts decline jurisdiction or dismiss cases on the ground of mootness.
EXCEPTIONS: GERC
(b) There is a grave violation of the Constitution.
(c) Exceptional character of the situation and paramount public interest is
involved.
(d) The constitutional issue raised required formulation of controlling principles
to guide the bench, the bar and the public.
(e) Case is capable of repetition yet evading review.

4. Operative Fact Doctrine

Provides that acts done pursuant to a law which was subsequently declared unconstitutional remain valid,
but not when the acts are done after the declaration of unconstitutionality. The doctrine is applicable when
a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid
law.
• This applies as a matter of equity and fair play, and in consideration of practicality and fairness.
• It applies only to cases where extraordinary circumstances exist, and only when the extraordinary
circumstances have met the stringent conditions that will permit its application.

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C. JUDICIAL INDEPENDENCE AND FISCAL AUTONOMY
SECTION 2
The CONGRESS shall have the power to define, prescribe and apportion the jurisdiction of the various courts but
may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

POWER OF CONGRESS IN THE JUDICIAL PROCESS

1. To create new courts
2. To apportion jurisdiction among various courts

APPELLATE JURISDICTION
No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and
concurrence.

SAFEGUARDS THAT GUARANTEE JUDICIAL INDEPENDENCE

(1) No law can abolish the Supreme Court, it being a Constitutional body.
a. With respect to other courts, the Congress’ power to create courts implies the power to abolish and
even re-organize courts. BUT, the abolition or re-organization must be done in good faith and not for
political or personal reasons.
b. Congress may enact laws prohibiting courts from issuing restraining orders against administrative
acts in controversies involving facts or the exercise of discretion. HOWEVER, on issues involving
questions of law, courts cannot be prohibited from exercising their power to restrain such acts.
(2) Members are only removable by impeachment.
a. Members of the SC may now be removed thru a petition for quo warranto. A quo warranto petition
is predicated on grounds distinct from those of impeachment. Quo warranto questions the validity of
a public officer’s appointment, whereas, impeachment indicts him for the so-called impeachable
offenses without questioning his title to the office he holds.
(3) SC may not be deprived of its minimum and appellate jurisdiction.
(4) SC has administrative supervision over all inferior courts and personnel.
(5) SC has exclusive power to discipline judges/justices of inferior courts
(6) Members of judiciary enjoy security of tenure
(7) Members of the judiciary may not be designated to any agency performing quasi-judicial or
administrative functions.
a. The PET does not exercise quasi-judicial functions. It performs what is essentially a judicial power.
(8) Salaries of judges may not be reduced. Judiciary enjoys fiscal autonomy.
(9) SC alone may initiate promulgation of the Rules of Court.
(10) SC alone may order temporary detail of judges.
(11) SC can appoint all officials and employees of the Judiciary.

SECTION 3
The Judiciary shall enjoy Fiscal Autonomy. Appropriations for the Judiciary (1) may not be reduced by the
legislature below the amount appropriated for the previous year and, after approval, shall be (2) automatically and
regularly released.

Fiscal autonomy is granted to the Supreme Court in order to strengthen its independence.
1. Annual appropriations cannot be reduced below the amount appropriated for the previous year.
2. Once approved, appropriations shall be automatically and regularly released.

NOTES:
• The grant of fiscal autonomy to the Judiciary is more extensive than the mere automatic and regular release
of its approved annual appropriations. It covers the grant to the Judiciary of the authority to use and dispose
of its funds and properties at will, free from any outside control or interference.
• Any exemption from the payment of legal fees granted by Congress to GOCCs and LGUs will necessarily
reduce the Judiciary Development Fund and the Special Allowance for the Judiciary Fund. Such situation is
constitutionally infirm for it impairs the Court’s guaranteed fiscal autonomy, which recognizes the power
and authority of the Court to levy, assess, and collect.
o Besides, the payment of legal fees is an integral part of the rule-making power of the SC under the
Constitution. The other branches cannot trespass upon this prerogative by enacting laws that
effectively repeal, alter or modify any of the procedural rules.

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D. APPOINTMENT TO THE JUDICIARY
SECTION 9
The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list
of at least 3 nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no
confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

RATIONALE
The JBC was principally designed to eliminate politics from the appointment of judges and justices. Thus,
appointments to the Judiciary do not have to go through a political Commission on Appointments.

1. Qualifications
SECTION 7
Member of the Supreme Court
1. Natural-born citizen of the Philippines
2. At least forty (40) years of age
3. Must have been for fifteen (15) years or more a judge of a lower court or engaged in the practice of
law in the Philippines and
4. A person of proven CIPI Competence, Integrity, Probity, and Independence.

Member of a Lower Collegiate Court

1. Natural-born citizen of the Philippines
2. Member of the Philippine Bar
3. Possessing the other qualifications prescribed by Congress
4. A person of proven CIPI Competence, Integrity, Probity, and Independence.

Judges of Non-Collegiate Lower Courts

1. Citizen of the Philippines (natural-born or naturalized)
2. Member of the Philippine Bar
3. Possessing the other qualifications prescribed by Congress
a. RTC
i. At least 35 years old
ii. Engaged for at least 10 years in practice of law, or has held public office in the
Philippines requiring admission to the practice of law as a requisite
b. MTC
i. At least 30 years old
ii. Engaged for at least 5 years in the practice of law, or has held public office in the
Philippines requiring admission to the practice of law was a requisite
4. A person of proven CIPI Competence, Integrity, Probity, and Independence.

NOTES:
• Congress may not alter the qualifications of Members of the Supreme Court and the constitutional
qualifications of other members of the Judiciary. But Congress may alter the statutory
qualifications of judges and justices of lower courts.
• A Supreme Court Justice cannot be charged with disbarment during his incumbency since he is
required to be a member of Philippine Bar as a qualification and may only be removed from office
by impeachment.
• He cannot be charged criminally before the Sandiganbayan or any other court with any
offense which carries with it the penalty of removal from office, or any penalty service of
which would amount to removal from office.
• To be of proven integrity means that the applicant must have established adherence to moral
and ethical principles. One who chronically fails to file his or her SALN violates the Constitution
and the laws, and one who violates the Constitution and the laws cannot rightfully claim to be
person of integrity and thus may be removed thru quo warranto petition.

TERM
SECTION 11
SECURITY OF TENURE
Members of the SC and judges of the lower courts hold office during good behavior until:
1. The age of 70 years old
2. They become incapacitated to discharge their duties

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2. Judicial and Bar Council (Composition and Powers)
SECTION 8
A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of:
1. The Chief Justice as ex officio Chairman,
2. The Secretary of Justice, as ex officio Member
3. A representative of the Congress as ex officio Member
4. A representative of the Integrated Bar
5. A professor of law
6. A retired Member of the Supreme Court and
7. A representative of the private sector.

The Clerk of the Supreme Court shall be the Secretary ex officio.

The regular members of the Council shall be appointed by the President for a term of 4 years with the
consent of the Commission on Appointments.

FUNCTIONS
1. Primary → Recommend appointees to the Judiciary
2. Secondary → Such other functions as the SC may assign to it.
3. Incidental Functions
a. The functions of searching, screening and selecting are necessary and incidental to the JBC’s
principal function of choosing and recommending nominees for vacancies in the judiciary for
appointment by the President.
b. JBC has the authority to set the standards or criteria in choosing its nominees for every
vacancy in the judiciary, subject only to the minimum qualifications required by the
Constitution and the law for every position.

NOTES:
• “Representative” of the Congress → there must be only 1 representative. Having one for each house
would increase the number of JBC members beyond what the Constitution has contemplated. The
lone representative is entitled to 1 full vote. This effectively disallows the scheme of splitting the vote
into half between 2 representatives.
o In practice, the two houses now work out a way of sharing representation.
• JBC can still perform its mandated task of submitting the list of nominees to the President despite a
vacancy in the position of Chief Justice or the ex-officio Chairman. In such case, the most Senior Justice
of the Court who is not an applicant for the position of CJ should participate in the deliberations for
the selection of nominees for the said vacant post and preside over the proceedings.
• Appointment of members of the judiciary does not need CA confirmation.
• Appointment of regular members of the JBC requires CA confirmation.
• The Supreme Court has supervision over the JBC, and this authority covers the overseeing of the
JBC’’s compliance with its own rules.
• Mandamus will not lie to compel the JBC to select and recommend nominees which is a discretionary
function. There is no legal right to be included in the list of nominees for judicial vacancies. Possession
of constitutional and statutory qualifications may not be used to legally demand that one’s name be
included in the list of nominees.
• The clustering of nominees for the 6 vacancies in the Sandiganbayan by the JBC impaired the
President’s power to appoint members of the Judiciary and to determine the seniority of the newly
appointed SB Associate Justices. The clustering of nominees for simultaneous or closely successive
vacancies can actually be a device to favor or prejudice a particular nominee.

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E. THE SUPREME COURT (COMPOSITION, POWERS AND FUNCTIONS)
Composition
SECTION 4 Composition:
1 Chief Justice
14 Associate Justices

It may sit,
1. En banc
2. Division of 3
3. Division of 5
4. Division of 7
Vacancy shall be filled within 90 DAYS from the occurrence thereof.

NOTES:
• The President cannot appoint a temporary member of the SC.
• Primus Inter Pares → the first among equals; this indicates that a person is the most senior of a group of
people sharing the same rank or office. This is used to describe the status, condition, or role of Chief Justice.
• The Congress cannot increase or decrease the composition of the Supreme Court.
• The SC is free to create divisions of 3, 5 or 7. The purpose is to enable the Court to dispose of cases more
speedily.
• Decisions or resolutions of a division of the court are decisions or resolutions of the SC. They are not inferior
to an en banc decision.
• The SC sitting en banc is not an appellate court. Thus, decisions of the division are not appealable to the SC
en banc.
• When sitting en banc, the quorum is 8. The required majority to decide a case is 5.

SECTION 10 Diminution of Salary

The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts, shall
be fixed by law. During their continuance in office, their salary shall not be decreased.
• Although this is not clear from the text of the 1987 Constitution, the clear intent of the Constitutional
Commission was to subject the salary of judges and justices to income tax.

Abolition of Office vs. Removal or Impeachment

Abolition of office is valid when done in good faith and not for political or personal reasons. In such a situation,
properly and logically speaking there is no removal from office because a removal implies that the office exists after
the ouster.

Removal is to be distinguished from termination by virtue of valid abolition of the office. There can be no tenure to
a non-existent office. After the abolition, there is, in law, no occupant. It is in that sense that from the standpoint of
strict law, the question of any impairment of security of tenure does not arise.

NOTES:
• Supreme Court Justices are removable only by impeachment. [except in Sereno case]
• Justices and judges of courts inferior to the Supreme Court are removable only by the Supreme Court sitting
en banc.

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Powers & Functions
SECTION 5
JUDICIAL
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

2. Review, revise, reverse, modify or affirm on appeal or certiorari final judgments and orders of lower courts
in:
a. Cases where constitutionality or validity of Treaty, Executive Agreement or Law is in question
b. Cases where legality of tax, impost, assessment or toll is in question
c. Cases in which jurisdiction of lower courts is in issue
d. Criminal cases in which penalty is reclusion perpetua or higher
e. Error or question of law is involved

AUXILIARY ADMINISTRATIVE
3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary
assignment shall not exceed 6 months without the consent of the judge concerned.

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

5. Promulgate rules concerning the

a. protection and enforcement of constitutional rights, pleading, practice and procedure in all courts,
b. admission to the practice of law,
c. Integrated Bar, and
d. legal assistance to the underprivileged.

LIMITS OF RULE-MAKING POWER

The rule making power of the Supreme Court is subject to the following limitations:
• Provide a simplified and inexpensive procedure for speedy disposition of cases
• Uniform for all courts in the same grade; and
• Shall not diminish, increase or modify substantive rights.

Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.

NOTE: The rule-making power also includes the inherent power to suspend its own rules in
particular cases in the interest of justice.

6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

SECTION 6
The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

CONGRESS
May diminish the merely statutory jurisdiction of the Supreme Court but it may not diminish the jurisdiction granted
by the Constitution itself.

SECTION 12 Non-Judicial Assignments

The Members of the Supreme Court and of other courts established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
• EXCEPTION: Electoral Tribunal. The set up embodied in the Constitution and statutes characterizes the
resolution of electoral contests as essentially an exercise of judicial power.

DELIBERATIVE PROCESS PRIVILEGE

• This privilege guards against the disclosure of information or communication involving as it does the
deliberative process of reaching a decision.
• Privileged documents or communications:
o Court actions such as the result of the raffle of cases and the actions taken by the Court on each case
o Court deliberations
o Court records which are pre-decisional and deliberative in nature
o Confidential information secured by the justices, judges and court officials and employees
o Records of cases that are still pending for decision
o Principle of comity or inter-departmental courtesy demands that the highest officials of each
department be exempt from compulsory processes of the other departments

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EN BANC & DIVISION CASES

Required to be heard En Banc:

1. All cases involving the constitutionality of a treaty, international or executive agreement, or law
2. All cases which under the Rules of Court may be required to be heard en banc
3. All cases involving the constitutionality of presidential decrees, proclamations, orders, instructions,
ordinances and other regulations
4. Cases heard by a division when the required majority in the division is not obtained*
5. Cases where the SC modifies or reverses a doctrine or principle of law previously laid down
6. Administrative cases involving the discipline or dismissal of judges of lower courts
7. Election contests for President and VP

Votes must be MAJORITY OF THOSE WHO ACTUALLY TOOK PART & VOTED IN THE DELIBERATIONS.

*Cases vs Matters
• Cases are decided whereas matters are resolved. Cases are controversies brought to the Court for the
first time. If it has already been decided by the division, and the party files MR, the failure of the
division to resolve the motion because of a tie in the voting does not leave the case undecided.
[this means the tie must be when the case is first brought to the Court. That’s the only time that it can
be brought to SC en banc. If MR only, not anymore]
• The required majority in the division shall in no case be less than 3 of such Members. (So, if it is a
division of 3, all must vote unanimously).

AUTOMATIC REVIEW, par. 2(d)

• In case the sentence is death, there is automatic review by the Court of Appeals and ultimately by the
Supreme Court. This is mandatory and neither the accused nor the courts may waive the right of appeal.
• In cases where sentence is reclusion perpetua or life imprisonment, such cases must be reviewed by the
Court of Appeals before they are elevated to the Supreme Court. The constitutional provision is not
preclusive in character, and it does not necessarily prevent the Court, in the exercise of its rule-making
power, from adding an intermediate appeal or review in favor of the accused.

CHANGE OF VENUE, par. 4

The Supreme Court has the power to order a change of venue or place of trial to avoid a miscarriage of justice. The
incidental and inherent powers of courts is that of transferring the trial of cases from one court to another of equal
rank in a neighboring site, whenever the imperative of securing a fair and impartial trial, or of preventing a
miscarriage of justice, so demands.

DISCIPLINARY POWER
The disciplinary authority is expressly limited to lower court judges, and does not include Supreme Court Justices,
precisely because the Constitution expressly vests exclusively on Congress the power to discipline Supreme Court
Justices. By excluding Supreme Court Justices, Section 11 withholds from the Supreme Court en banc the power to
discipline its own members.

The Supreme Court en banc shall have the power to discipline judges of lower courts or order their dismissal by a
vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted
thereon.
• In People v. Gacott, SC ruled that a decision en banc is needed ONLY when the penalty imposed is:
• Dismissal of a judge
• Disbarment of a lawyer
• Suspension for more than 1 year, or a fine exceeding Php 10,000.00.
To require the entire court to deliberate upon and participate in all administrative matter or cases regardless
of the sanctions, imposable or imposed, would result in a congested docket and undue delay in the
adjudication of cases in the Court.

SUPERVISION OVER THE JUDICIARY

The Supreme Court exercises administrative supervision over all lower courts. In the discharge of its administrative
functions, the Court is assisted by the Court Administrator and the Deputy Court Administrators.
• It is only the Supreme Court that can oversee the judges’ and court personnel’s compliance with all laws and
take the proper administrative action against them if they commit any violation thereof.
• No affidavit of desistance can divest this Court of its jurisdiction to investigate and decide complaints against
erring officials and employees of the Judiciary.
• Where a criminal complaint against a Judge or other court employee arises from their administrative duties,
the Ombudsman must defer action on said complaint and refer the same to the Supreme Court for
determination whether said Judge or court employee had acted within the scope of their administrative
duties.

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DECISIONS – in general
SECTION 14 Contents of Decision
No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law
on which it is based.
• Note this only refers to decisions, not resolutions disposing petitions referred to below.

No petition for review or motion for reconsideration of a decision of the court shall be refused due course or
denied without stating the legal basis therefor.

NOTES:
• It is a requirement of due process that the parties to the litigation be informed of how it was decided, with
an explanation of the factual and legal reasons that led to the conclusions of the court.
• Facts stated clearly and distinctly
• The decision must state the “essential ultimate facts” upon which the court’s conclusion is drawn. It
does not require any comprehensive statement of facts
• Constitutional mandate only requires that the decision should state the facts on which it is based.
There is no proscription as to the adoption of narration of facts of one of the parties.
• Memorandum Decision, where the appellate court adopts the findings of facts and law of the lower court,
are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference.
• Article VIII Section 14 does NOT apply to:
• Administrative proceedings. It only applies to decisions rendered in judicial proceedings.
• Minute resolutions. In a minute resolution only the clerk of court signs it by authority of the justices,
unlike a decision. It does not require the certification of the Chief Justice. Moreover, unlike decisions,
minute resolutions are not published in the Philippine Reports.
▪ These are issued for the prompt dispatch of the actions of the Court.
▪ With respect to the same subject matter and the same issues concerning the same parties, it
constitutes res judicata.
• Test of Compliance
• If the appellant is able to assign errors against a decision, and could discuss these errors in
his appeal, then the decision is deemed compliant with Section 14.
• Legal basis must be stated if a petition for review or MR shall be denied
o The purpose of art 8 sec 14 is to inform the person reading the decision of how it was reached by the
court after consideration of the pertinent facts and examination of the applicable laws.
• Sin Perjuico Judgments
o One that is rendered without a statement of the facts in support of its conclusions, to be later
supplemented by the final judgment. SC expressed its disapproval of the practice of rendering of sin
perjuico judgments.

DECISIONS – by the Supreme Court

SECTION 13 Conclusions of the Supreme Court – How reached?
The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached
in consultation before the case is assigned to a Member for the writing of the opinion of the Court.

A CERTIFICATION to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record
of the case and served upon the parties.

Any Members who took no part, or dissented, or abstained from a decision or resolution, must state the reason
therefor. The same requirements shall be observed by all lower collegiate courts.

NOTES:
• Purpose of Certification → Its purpose is to ensure the implementation of the constitutional requirement
that decisions of the Supreme Court and lower collegiate courts, such as the Court of Appeals, Sandiganbayan
and Court of Tax Appeals, are reached after consultation with the members of the court sitting en banc or in
a division before the case is assigned to a member thereof for decision-writing.
• Effect of Absence of Certification → The lack of certification at the end of the decision would only serve as
evidence of failure to observe the certification requirement and may be basis for holding the official
responsible for the omission to account therefor but such absence of certification would not have the
effect of invalidating the decision.

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SECTION 15 Period for Making Decisions

SUPREME COURT LOWER COLLEGIATE COURTS OTHER LOWER COURTS

24 MONTHS from date of submission 12 MONTHS from date of 3 MONTHS from date of
for decision or resolution submission for decision or resolution submission for decision or
resolution

A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief,
or memorandum required by the Rules of Court or by the court itself.

Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served
upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within
said period.

Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may
have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for
determination, without further delay.

NOTES:
• The Constitutional requirement under Section 15, Article VIII must be strictly complied with, and if external
factors, or factors not within control of the judge should arise, the Judge can apply for extension of time to
decide the case and put off the promulgation of judgment until finished.
o Exception → The SC should be given ample amount of time to deliberate on cases pending before it.
While the 24-month period is persuasive, it does not summarily bind the SC to the disposition of cases
before it. It is a mere directive to ensure this Court’s prompt resolution of cases, and should not be
interpreted as an inflexible rule.
• Non-observance of this mandate constitutes a ground for administrative sanction against the defaulting
judge. A judge who fails to resolve cases within the period prescribed may be held liable for gross inefficiency,
unless he explains his predicament and asked for extensions of time from the SC.

SECTION 16 Report to the President and to Congress

The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the
President and the Congress an annual report on the operations and activities of the Judiciary.

PURPOSE
The purpose of this mandate is to enable the judiciary to inform the government of about its needs, and does not
mean the court be subjected to the President or Congress.

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 VI. CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
Section 1. The Constitutional Commissions, which shall be independent, are:
1. The Civil Service Commission
2. The Commission on Elections
3. The Commission on Audit

Section 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during
their tenure.

DECISIONS
Section 7. Each Commission shall decide by a MAJORITY VOTE of ALL its members in any case or matter brought
before it within 60 days from the date of its submission for decision or resolution.

The majority vote for each commission assuming that there is no vacancy of position →
CSC (3) COMELEC (7) COA (3)
2 4 2

A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the Rules of the Commission or by the Commission itself.

Unless otherwise provided by this Constitution or by law, any decision, order or ruling of each Commission may be
brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof.

NOTES:
• These Commissions perform key functions in the government. In order to protect their integrity, they have
been made constitutional bodies.
• Before a resolution or decision is signed and promulgated, there is no valid resolution or decision to speak
of. A final decision or resolution becomes binding only after it is promulgated and not before. Accordingly,
one who is no longer a member of the Commission at the time the final decision is promulgated cannot validly
take part in that resolution or decision. Much less could he be the ponente of the resolution or decision.
• Only cases or matters in the exercise of its adjudicatory or quasi-judicial powers may be brought to the
Supreme Court on certiorari.

INSTITUTIONAL INDEPENDENCE SAFEGUARDS

1. The commissions are constitutionally created, and may not be abolished by law.
2. Each is expressly described as independent.
3. Each is conferred certain powers and functions by the Constitution which cannot be reduced by statute.
4. The Chairmen and members cannot be removed, except by impeachment.
5. The Chairmen and members are given a fairly long term of office of 7 years.
6. Chairmen and members may not be re-appointed or appointed in an acting capacity.
7. The salaries of the Chairmen and members are relatively high and may not be decreased during
continuance in office.
8. The commissions enjoy fiscal autonomy.
9. Each Commission en banc may promulgate its own procedural rules, provided they do not diminish,
increase, or modify substantive rights.
10. Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity.
11. The commissions may appoint their own officials and employees in accordance with the Civil Service Law.

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B. POWERS, FUNCTIONS, AND JURISDICTION
CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
NATURE This is the central personnel agency of the It is an administrative agency which can
Government. perform executive, quasi-judicial, and quasi-
legislative or rule-making powers.
It is an administrative agency which can perform
executive, quasi-judicial, and quasi-legislative or
rule-making powers.

POWERS
(7) (5)
The Constitutional Commissions shall appoint their officials and employees in accordance with law.
(8)
The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.
• The no report, no release policy may not be validly enforced against offices vested with fiscal autonomy. Being “automatic” means that no condition
may be imposed on the release of the funds.

Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall
not diminish, increase or modify substantive rights.
• The SC cannot disapprove the internal rules promulgated by the Commissions because they are independent bodies. However, the SC may exercise
judicial review over them.
• In case of conflict between the rules of procedure of a Commission and the Rules of Court:
o The rules of procedure of the Commission will prevail if the proceeding is before such commission
o The Rules of Court will prevail if the proceeding is before a court
• The Congress cannot assume power to review the rules promulgated by the Commission.

The power to perform such other functions as may be provided by law.

The power to establish a career service and adopt Enforce and administer all laws and To examine, audit, and settle all accounts
measures to promote morale, efficiency, integrity, regulations relative to the conduct of an election, pertaining to:
responsiveness, progressiveness, and courtesy in civil plebiscite, initiative, referendum, and recall. (1) the revenue and receipts of, and
service. (2) expenditures or uses of funds and
property, owned or held in trust by, or
pertaining to:
a. the government, or
b. any of its subdivisions, agencies, or
instrumentalities,
c. GOCCs with original charters,

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 CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
d. constitutional bodies, commissions
and offices that have been granted
fiscal autonomy by the Constitution,
e. autonomous colleges and universities,
f. other GOCCs, and other non-
governmental entities receiving
subsidy or equity, directly or
indirectly from the government.

• COA is not required to limit its review only

to the grounds relied upon by the auditor
with respect to disallowing certain
disbursements. COA is duty-bound to
make its own assessment of the merits of
the disallowed disbursement.
• To settle government accounts means the
power to settle liquidated accounts, i.e.,
accounts which may be adjusted simply by
an arithmetical process.

The power to strengthen the merit and rewards COMELEC can exercise contempt powers only Where the internal control system of the audited
system, integrate all human resources in relation to its adjudicatory or quasi-judicial agencies is inadequate, COA may adopt such
development programs for all levels and ranks, and functions, and not to purely executive or measures, including temporary or special pre-
institutionalize a management climate conducive ministerial functions. audit, to correct the deficiencies.
to public accountability.

The power to submit to the President and Congress Decide, except those involving the right to To keep the general accounts of the government
an annual report on its personnel programs. vote, all questions affecting elections, and preserve the vouchers and other
including determination of the number and supporting papers pertaining thereto.
location of polling places, appointment of
election officials, and inspectors, and registration
of voters.

Deputize, with the concurrence of the

President, law enforcement agencies and
instrumentalities of the government, including
the AFP, for the exclusive purpose of ensuring
free, orderly, honest, peaceful and credible
elections.
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CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
Register, after sufficient publication, political As guardians of public funds, the COA has exclusive
parties, organizations or coalitions which, in authority to:
addition to other requirements, must present (1) define the scope of its audit and
their platform or program of government. examination.
• Groups that cannot be registered: (2) Establish techniques and methods
(1) Religious denominations/sects (3) Promulgate accounting and auditing
(2) Those that seek to achieve their goals rules and regulations, including those for
thru violence or unlawful means the prevention and disallowance of
(3) Those that refuse to uphold and regular, unnecessary, excessive,
adhere to the Constitution extravagant, or unconscionable
(4) Those supported by any foreign expenditures, or uses of government funds
government (e.g., receipt of financial and properties.
contributions related to elections)
Accredit citizen’s arms of the COMELEC.

File, upon a verified complaint, or on its own

initiative, petitions in court for inclusion or
exclusion of voters.

The power to investigate and prosecute cases

of violations of election laws, including acts or
commissions constituting election frauds,
offenses and malpractices.
• COMELEC can deputize prosecutors for
this purpose. The actions of the
prosecutors are the actions of the
COMELEC.
• COMELEC can conduct preliminary
investigations on election cases falling
within its jurisdiction.

Recommend to the Congress effective

measures to minimize election spending, and
to prevent and penalize all forms of election
frauds, offenses, malpractices and nuisance
candidates

#GETTHATBAR2022
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 CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
Recommend to the President the removal of
any officer or employee it has deputized, or
the imposition of any other disciplinary action,
for violation or disregard of, or disobedience to
its directive, order or decision.

Submit to the President and Congress a

comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.

During the election period, it may supervise or

regulate the enjoyment or utilization of all
franchises or permits for the operation of
transportation and other public utilities, media
of communication or information, all grants,
special privileges or concessions granted by the
Government, GOCCs and its subsidiaries.
• The power to regulate media also
extends to the period of a plebiscite or
referendum.

FUNCTIONS • CSC has the power to hear and decide • The finding of probable cause and the • Examining and auditing all forms of
administrative cases instituted before it prosecution of election offenses rests in government revenues and expenditures
directly or on appeal, including contested the COMELEC’s sound discretion. • Settling government accounts
appointments. • Print media may not be compelled to • Promulgating accounting and auditing
• Original jurisdiction to hear and decide a allocate free space to the Commission. rules
complaint for cheating in the Civil Service Such would amount to a taking of • Deciding administrative cases involving
examinations committed by government expenditures of public funds
property without just compensation.
employees.
• COMELEC cannot regulate expressions
• It may revoke a certificate of eligibility motu
proprio. made by private citizens.

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 CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
OTHER NOTES Classes of Service NOTES: NOTES:
1. Career Service → characterized by entrance • COMELEC does not have the power to • Non-Exclusive Power to Audit

"%ñ%%ué
1
.

a. Based on merit and fitness to be transfer municipalities from 1 Private auditors can be hired, but if there is

uhhh the
determined, as far as practicable, by congressional district to another for the a conflict, COA audit prevails.
competitive examinations, or purpose of preserving proportionality. • Prosecutors may still review accounts
b. Based on highly technical qualifications, • If a case which should go to the Comelec already settled and approved by COA for

code for *
With opportunity for advancement to en banc is erroneously filed with a the purpose of determining possible
higher career positions and security of division, it may automatically be elevated criminal liability. This is because COA’s

purpose tenure. to the Comelec en banc. interest is merely administrative.

detemmwit
2. Non-Career Service → characterized by • The Comelec has the power to decide • Not all corporations which are not GOCCs
entrance based other than those of the usual whether a person has the constitutional are ipso facto considered private
tests utilized for the career service, tenure qualifications to be voted for even in corporations as there exists another

arm limited to a period specified by law, or which

is co-terminus with that of the appointing
authority or subject to his pleasure, or which
national elections. The only questions
that may not be touched by Comelec are
those involving the right to vote. Hence,
distinct class of corporations which are
known as public corporations. These
corporations are treated by law as agencies
is limited to the duration. (e.g., elective before proclamation, the Comelec has or instrumentalities of the government.
officials and their personal and confidential authority to decide whether a person has (e.g., Boy Scouts of the Philippines)
staff) the constitutional qualifications. • No law shall be passed exempting any
entity of the Government or any

{
GR: Appointments are made only according to investment of public funds from the
uaisiti eatin merit and fitness to be determined, as far as
practicable, by competitive examination.
jurisdiction of COA.
• The Constitution vests in the COA audit
under EXP: Classes of Non-Competitive Positions
jurisdiction over GOCCs with original

consti
charters, as well as those without original
1. Policy Determining → where the officer charters. GOCCs with original charters are
lays down principal or fundamental subject to pre-audit, while GOCCs without
merit
Mhp
guidelines or rules, or formulates a method of original charters are subject to COA post-
action for government or any of its audit.
subdivisions (e.g., department head)
for
determining
• The determining factor of COA’s audit
jurisdiction is government ownership or
2. Primarily Confidential → when the nature

the ⁿᵈᵈÑwp
control of the corporation.
of office requires close intimacy which • Even in cases where pre-audit is allowed
ensures freedom of intercourse without

and fitness
.

and pre-audit has already been performed,

embarrassment or freedom from misgivings the Commission is not estopped from

Fruit
or betrayals on confidential matters of state. making a post-audit.
• They are covered by security of
tenure, but the termination of their
official relation can be justified on the
ground of loss of confidence.
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 CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
3. Highly Technical → requires possession of
technical skill or training in supreme degree.

Types of Appointment
1. Permanent Status → a permanent
appointment shall be issued to a person who
✓ Qualification
✓ Eligibility
{ meets all the requirements for the positions to
which he is being appointed, including the
appropriate eligibility prescribed,
accordance with the provisions of law, rules
in

and standards promulgated in pursuance

thereof.

2. Temporary Status → in the absence of

appropriate eligible and when it becomes
✓ Qualification necessary in the public interest to fill a

{
vacancy, a temporary appointment shall be
issued to a person who meets all the
✗ * igibility requirements for the position to which he is
being appointed except the appropriate civil
service eligibility; provided that such
temporary appointment shall not exceed 12
months, but the appointee may be replaced
sooner if a qualified civil service eligible
becomes available.

NOTES:
• CSC may not terminate the employment of a
civil servant. Its functions are limited to
approving or reviewing appointments.
• CSC cannot substitute its judgment for an
executive’s appointment of a qualified
appointee.
• Security of tenure is available even to
positions which are considered highly
technical, policy-determining and primarily
confidential.
• Whether a position is policy determining,
primarily confidential, or highly technical is
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 CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
determined by the nature of the functions
attached to it.
• No officer or employee in the civil service shall
engage, directly or indirectly, in any
electioneering or partisan political campaign.
• The right to self-organization shall not be
denied to government employees, but this
shall not include the right to strike.
• No elective official shall be eligible for
appointment or designation in any capacity to
any public office during his tenure (except the
VP as member of Cabinet and a Member of
Congress as member of JBC).

JURISDICTION Scope of CSC Exercise exclusive original jurisdiction over all COA is endowed with enough latitude to
All branches, subdivisions, instrumentalities, contests relating to the elections, returns and determine, prevent and disallow irregular,
agencies of the government, including GOCCs with qualifications of all elective regional, provincial unnecessary, excessive, extravagant or
original charters. or city officials. unconscionable expenditures of government
funds.
• With original charter means that the GOCC NOTE: Election contests in the SK are not under • COA has authority not just over
was created by special law or by Congress. COMELEC jurisdiction but under the jurisdiction accountable officers but also over other
• If incorporated under Corporation Code, it of the DILG. officers who perform functions related to
does not fall within the Civil Service and is not accounting such as verification of
subject to its jurisdiction. Exercise appellate jurisdiction over all contests evaluations and computation of fees
• If previously government-controlled, but is involving municipal officials decided by trial collectible.
later privatized, it ceases to fall under CSC. courts of general jurisdiction, and elective • Boy Scouts of the Philippines (BSP) is a
• Jurisdiction is determined as of the time of barangay officials decided by trial courts of GOCC under the jurisdiction of COA. The
filing the complaint. limited jurisdiction. BSP charter created the BSP as a public
corporation.
COMELEC can issue writes of certiorari, • A water district is a GOCC with a special
prohibition and mandamus in the exercise of its charter since it is created pursuant to a
appellate jurisdiction. special law.

COMELEC has jurisdiction over intra-party

disputes. The ascertainment of the identity of a
political party and its legitimate officers is a
matter that is well within its authority.

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C. COMPOSITION AND QUALIFICATIONS OF MEMBERS
CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
COMPOSITION 1 Chairman 1 Chairman 1 Chairman
2 Commissioners 6 Commissioners 2 Commissioners

QUALIFICATIONS 1. Natural-born citizens of the 1. Natural-born citizens of the Philippines 1. Natural-born citizens of the Philippines
Philippines 2. At the time of their appointment, at least 35 2. At the time of their appointment, at least 35
2. At the time of their appointment, at years old years old
least 35 years old 3. Holders of a college degree, provided that 3. They must be certified public accountants with
3. With proven capacity for public majority of them (including the Chairman) not less than 10 years of auditing experience,
administration shall be members of the Philippine Bar who or members of the Philippine Bar who have
4. Must have not been candidates for
have been engaged in the practice of law for been engaged in the practice of law for at least
any elective position in the elections
at least 10 years 10 years. At no time shall all members of COA
immediately preceding their
appointment 4. Must have not been candidates for any belong to the same profession.
elective position in the elections 4. Must have not been candidates for any elective
immediately preceding their appointment position in the elections immediately preceding
their appointment

NOTES:
• The Chairman and Commissioners must be appointed by the President with the consent of the Commission on Appointments for a term of seven years, without reappointment.
• Appointment to any vacancy shall only be for the unexpired term of the predecessor.
• In no case shall any Member be appointed or designated in a temporary or acting capacity.
• The appointment shall always be for a fixed term of 7 years. An appointment for a lesser period is void and unconstitutional.
• The prohibition of reappointment applies even if the Commissioner has served for less than 7 years.
• Appointment of Commissioner to Chairman → A commissioner who resigns after serving in the commission for less than 7 years is eligible for an appointment as Chairman
for the unexpired portion of the term of the departing chairman. Such appointment is not covered by the ban on re-appointment. Provided that:
o The aggregate period of the length of service will not exceed 7 years, and
o The vacancy in the position of Chairman resulted from death, resignation, disability or removal by impeachment.
• The terms must start on a common date, irrespective of the variations in the dates of appointments and qualifications of the appointees, i.e., February 2. This is to preserve the
staggering terms.
• If the appointment was ad interim, a subsequent renewal of the appointment does not violate the prohibition on reappointment because no previous appointment was confirmed
by the Commission on Appointment. Further, the total term of both appointments must not exceed the 7-year limit.

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D. PROHIBITED OFFICES AND INTERESTS
CIVIL SERVICE COMMISSION COMMISSION ON ELECTIONS COMMISSION ON AUDIT
Article IX-B Article IX-C Article IX-D
No member of a Constitutional commission shall, during his Same Same
tenure: BREEH
1. Hold any other office or employment
2. Engage in the practice of any profession
3. Engage in active management or control of any
business which in any way may be affected by the
functions of his office
4. Be financially interested, directly or indirectly, in
any contract with, or in any franchise or privilege
granted by the Government, any of its subdivisions,
agencies, or instrumentalities, including GOCCs or
their subsidiaries.
5. Receive additional, double, or indirect
compensation, unless specifically authorized by
law, nor accept without the consent of the Congress,
any present, emolument, office, or title of any kind
from any foreign government.
• Pensions or gratuities shall not be
considered as additional, double or indirect
compensation.
• Ex officio members of a board are not
entitled to per diems.

E. JUDICIAL REVIEW OF FINAL ORDERS, RESOLUTIONS AND DECISIONS

CSC COMELEC COA
Rendered in the exercise of Quasi-Judicial Appealed to the CA via Rule 43. Brought on certiorari to the SC via Rule 64 Brought on certiorari to the SC via Rule 64
Functions • Within 15 days from notice of the in relation to Rule 65. in relation to Rule 65.
judgment or final order. • Within 30 days from notice of the • Within 30 days from notice of the
judgment or final order. judgment or final order.
• MR before the COMELEC en banc is
required before resort to the court is
taken.
Rendered in the exercise of Administrative Appealed to the CA via Rule 43. Appeal to the RTC via Rule 65 pursuant to
Functions NOTE: The decision of CA may be appealed to Section58 of RA 9184.
the SC via Rule 45.

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 VII. BILL OF RIGHTS
Significance of the Bill of Rights
The bill of rights is a guarantee that there are certain areas of a person’s life, liberty, and property which
governmental power may not touch.

Scope
The guarantees of the Bill of Rights are universal in their application to all persons within the territorial jurisdiction,
without regard to any differences of race, color or nationality.

A. DUE PROCESS
SECTION 1.
No person shall be deprived of life, liberty or property without due process of law,
nor shall any person be denied the equal protection of the laws.
• LIFE → not just a protection of the right to be alive or to the security of one’s limb against physical harm. The
right to life is the right to a good life.
• PROPERTY → all kinds of property found in the Civil Code. It includes vested rights, right to work and the
right to earn a living. Generally, a privilege (franchise or license) is not a protected property, but it may evolve
into some form of a property right as for when a privilege has been enjoyed for so long, has been subject of
substantial investment and has become the source of employment for thousands.
• LIBERTY → the right to exist and the right to be free from arbitrary personal restraint or servitude.
• All natural persons, and artificial persons (only in so far as their property is concerned), are protected by
the Due Process clause.

1. Procedural and Substantive

SUBSTANTIVE DUE PROCESS PROCEDURAL DUE PROCESS
It is a prohibition of arbitrary laws, otherwise, life, It relates chiefly to the mode of procedure which
liberty or property could be destroyed arbitrarily government agencies must follow in the
even if proper formalities are observed. enforcement and application of laws. It is a
guarantee of procedural fairness. Its essence is a
This requires that laws be: law which hears before it condemns.
(1) Grounded on reason and
(2) Be free from arbitrariness. The essence of procedural due process is embodied
in the basic requirements of:
REQUISITES: (1) Notice and
(1) Lawful Subject → That the interest of the (2) Real opportunity to be heard.
public, generally, as distinguished from
those of a particular class, require such Publication
interference and Of laws
(2) Lawful Means → That the means are The omission of publication of laws would offend
reasonably necessary for the due process insofar as it would deny the public
accomplishment of the purpose, and not knowledge of the laws that are supposed to govern
unduly oppressive upon individuals. them. The term “laws” refers not only to those of
general application, but also including those of local
application and private laws.

Of rules and regulations

Every agency shall with the Office of the National
Administrative Register (ONAR) in the UP Law
Center 3 certified copies of every rule adopted by it.
• HOWEVER, not all rules and regulations are
to be filed. Only those of general or of
permanent character are to be filed.
• Interpretative and those merely internal in
nature need not be filed.

NOTES:
• A party having forfeited the right to appeal cannot claim that he/she has been denied due process.
• Due process is satisfied when the parties are afforded fair and reasonable opportunity to explain
their side of the controversy or an opportunity to move for a reconsideration (MR) of the action or
ruling complained of.
• With the bearing of arms being a mere privilege, there could not have been a deprivation of right to
due process in requiring a license for the possession of firearms. Further, assuming it is a property
right, property rights are always subject to the State’s police power.
2. Void-for-vagueness
A law is void when it lacks comprehensible standards that men of common intelligence must necessarily
guess as to its meaning and differ as to its application.
• It is repugnant to the Constitution because:
o It violates due process for failure to accord persons, especially the parties targeted by it, fair
notice of what conduct to avoid, and
o It leaves law enforcers unbridled discretion in carrying out its provisions.
• An act will not be held invalid merely because it might have more explicit in its wordings or detailed
in its provisions, especially where, because of the nature of the act, it would be impossible to provide
all the details in advance as in all other statutes.
• In determining whether the words used in a statute are vague, words must not only be taken in
accordance with their plain meaning alone, but also in relation to other parts of the statute.

Void for Vagueness Overbreadth

• Statute or act • Government regulation of free speech
• Lacks comprehensible standards • Means sweep unnecessarily broadly
• Violates due process • Invades protected freedoms
① actual /Constructive
Notice
3. Judicial and Administrative Due Process ② Real opportunity
.

,
R -173--13 tobeheard
Judicial Proceedings Administrative Proceedings ③ Tribunal vested
with competent
1. 0

%
1. Court or tribunal clothed with judicial Right to a hearing (includes right to present jurisdiction
power to hear and determine the matter one’s case and submit evidence) ④ Findings supp .

before it 2. 0
Tribunal must consider the evidence by substantial
①
2. Jurisdiction must be lawfully acquired over
the person or property
presented
3. 0
-

Decision must have something to support

Evidence .

3. Opportunity to be heard itself

4. Judgment is rendered upon① lawful hearing PEAHEN is supported by substantial
4. Finding
evidence /
5. 0
Decision is based on the evidence
presented at the hearing or at least
5- COL contained in the records ✓

0
6. Tribunal must act on its own independent
consideration of the law and facts of the
controversy ✓

TRIBUNAL
7. Board should render its decision in such a
manner that the parties can know the
various issues involved and reasons for the
decision rendered. ✓

NOTE: A lack of formal hearing in the

administrative level does not violate procedural due
process. The due process requirement before an
administrative body is not as strict compared to
judicial tribunals. It suffices that a party is given
opportunity to be heard.

Academic Disciplinary Proceedings MIZE

1. Students must be0 informed in writing of the nature and cause of any accusation

80
2. Right to answer the charges
3. Shall be informed of the evidence against them
4. Right to adduce evidence in their own behalf
5. 0
Evidence must be duly considered by the investigating committee

Instances When Hearing is NOT Necessary:

1. When administrative agencies are exercising their quasi-legislative functions
e.g., in matters of rate or price fixing by the ERB
2. Abatement of nuisance per se
3. Granting by courts of provisional remedies
4. Cases of preventive suspension
5. Removal of temporary employees in the government
6. Issuance of warrants of distraint and/or levy by the BIR
7. Cancellation of the passport of a person charged with a crime
8. Suspension of a bank’s operations by the Monetary Board
 Constitutional Due Process Statutory Due Process
Protects the individual from the government and Protects employees from being unjustly terminated
assures him of his rights in criminal, civil or without just cause after notice and hearing.
administrative proceedings. (1) Substantive (valid and authorized causes)
(2) Procedural (manner of dismissal)

NOTE: Where the dismissal is for a just cause, the

lack of statutory due process should not nullify the
dismissal, or render it illegal, or ineffectual.
However, the employer should indemnify the
employee for the violation of his statutory rights.

B. EQUAL PROTECTION
The equality it guarantees is legal equality, or the equality of all persons before the law. The law does not treat
the person differently because of who he is or what he is or what he possesses.
• The Constitution does not require absolute equality among persons. It is enough that all persons under like
circumstances or conditions are given the same privileges and required to follow the same obligations.

1. Requisites for Valid Classification

A valid classification must be reasonable, which means that the classification must:
(1)◦rest on substantial distinctions
(2) be 0germane to the purpose of the law GRAN
(3) not be limited to existing conditions only
8
(4) apply equally to all members of the same class

Examples:
• General Banking Law → shorter redemption period for juridical entities. The difference in the
treatment of juridical persons and natural persons was based on the nature of the properties
foreclosed – whether these are used as residence or for industrial or commercial purposes.
• Section 6, Cybercrime Prevention Act → imposing 1-degree higher penalty than that of RPC. In
using technology, the offender often evades identification and is able to reach far more victims and
cause greater harm.
• Cityhood Laws → those with pending cityhood bulls would not be covered by the new and higher
income requirement of P100 million imposed by RA 9009. Congress merely took the 16
municipalities covered thereby from the disadvantaged position brought about by the abrupt
increase in the income requirement (from 20 to 100 million).
• VAWC → the unequal power relationship that women are more likely to be victims of violence and
the widespread gender bias and prejudice against women make for real differences justifying the
classification.
• RH Law → in providing that the poor are to be given priority in the government’s reproductive
health care program. It is rather pursuant to the Constitutional mandate which recognizes the
distinct necessity to address the needs of the underprivileged.
• PWD Discounts → PWD form a class separate and distinct from other citizens of the country. The
express policy is the rehabilitation, self-development and self-reliance of PWDs.
• Elective and Appointive Officials → elective officials occupy their office by virtue of the mandate
of the electorate. Whereas appointive officials hold office by virtue of their designation thereto by
an appointing authority.

Suspect Classification
A suspect classification is one where distinctions are made based on the most invidious bases for
classification that violate the most basic human rights, i.e., on the basis of race, national origin, alien
status, religious affiliation, and to a certain extent, sex and sexual orientation.
▪ A suspect class is a class saddled with such disabilities, or subjected to such a history of
purposeful unequal treatment, or relegated to such a position of political powerlessness as
to command extraordinary protection from the majoritarian political process.
 2. Tests to Determine the Reasonableness of a Classification
Strict Scrutiny Test Intermediate Scrutiny Test Rational Basis Test
The legislative classification is This requires the government to A legislative classification must
presumed to be unconstitutional, show that: be shown to rationally further a
and the government has the (1) the challenged legitimate state interest.
burden of proving that: classification serves an
(1) the classification is important State interest
necessary to achieve a and
compelling State interest, (2) the classification is at
and least substantially related
(2) is the least restrictive to serving the interest.
means to protect such
interest or the means
chosen is narrowly
tailored to accomplish the
interest.

This applies when a classification This applies when a classification This applies to all other subjects
either: does not involve suspect classes not covered by the first 2 tests.
(1) Interferes with the or fundamental rights, but
exercise of fundamental requires heightened scrutiny,
classifications ← rights, including the basic
liberties guaranteed
such as in classifications based on
gender and legitimacy.
based on race,
national origin ,
under the Constitution, or
religion alienage
, ,
(2) Burdens suspect classes.
denial of right to
vote interstate
,
access to
migration ,

courts

PRINCIPLE OF RELATIVE UNCONSTITUTIONALITY

become
→ a statute valid at one time , may
,

VOID at another time because of

altered
to
circumstances A statute is open
.

inquiry & investigation in light of

conditions
changed .
C. ARRESTS, SEARCHES & SEIZURES
SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose shall be inviolable,

Scope of Protection
This does NOT prohibit all searches and seizures. What it prohibits are unreasonable searches and seizures.
• “Unreasonable searches and seizures” → Normally unreasonable UNLESS authorized by a validly issued
search warrant or warrant of arrest.

1. Requisites of a Valid Warrant

SEARCH WARRANTS WARRANT OF ARREST
It is an order in writing, issued in the name of the It is an order directed to the peace officer to execute
People of the Philippines, signed by the judge, and the warrant by taking the person stated therein into
directed to a peace officer, commanding him to custody so that he may be bound to answer for the
search for personal property and bring it before the commission of an offense.
court.
REQUISITES
1. Probable cause (in connection with one specific offense)
2. Such probable cause must be determined personally by the judge
3. The judge must examine, in writing and under oath or affirmation, the complainant and the
witnesses he may produce
4. The warrant specifically describes the place to be searched and the things to be seized.

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

Personal Examination → The judge must Personal Determination → The exclusive and
personally conduct an examination of the personal responsibility of the issuing judge to
complainant and his witnesses. He may also require satisfy himself of the existence of probable cause.
submission of additional evidence. The examination He may rely on the fiscal’s report.
of the judge must be probing and exhaustive.
• Affidavits of the complainant and his In satisfying himself of the existence of probable
witnesses are insufficient to establish the cause, the judge is not required to personally
factual basis for probable cause. Personal examine the complainant and his witnesses.
examination by the judge is indispensable.
• The examination must be personally made
by the judge, not the clerk of court.

Particularity of Description → when the

description is as specific as the circumstances will
ordinarily allow and by which the warrant officer
may be guided in making the search and seizure. The
purpose is to prevent abuse by the officer enforcing
the warrant by leaving to him no discretion as to
who or what to search or seize.
• Technical precision of description is not
required. It is only necessary that there be
reasonable particularity and certainty as to
the identity of the property to be searched
and seized.

JOHN DOE SEARCH WARRANT → a warrant for an unnamed party is void except in those cases where it
contains a description personae such as will enable the officer to identify the accused.

GENERAL WARRANT → refers to a warrant providing a law-enforcement officer with broad discretion or
authority to search and seize unspecified places or persons. This is void.
• When the search warrant is severable, those items not particularly described may be cut off
without destroying the whole warrant.

SCATTERSHOT WARRANT → Where the questioned warrant was issued for multiple offenses, it is void
for being a scattershot warrant.
NOTES:
 • Conclusions of law unsupported by particulars are not sufficient to establish probable cause to be
used as basis for the issuance of a warrant.
• Law enforcers cannot act solely on the basis of confidential or tipped information. A tip is still hearsay
no matter how reliable it may be. It is not sufficient to constitute probable cause in the absence of
any other circumstance that will arouse suspicion.
• In determining the existence of probable cause, the facts and circumstances must be personally
examined by the judge in their totality.
• The supposed delay in the search warrant’s application does not dilute the probable cause finding
made therein.
• Mistake in the name of the person to be searched does not invalidate the warrant, especially when
the authorities had personal know
• What may be searched?
▪ Ownership is not required, but control or possession
▪ Only those things particularly described in the search warrant
• “an undetermined amount of marijuana” is sufficient to satisfy the requirement of particularity.
• Place to be searched – what is material is the place as stated in the warrant itself, not what the
applicants had in their thoughts.
• A search warrant shall be valid for 10 days from its date.
• The search of a house, room or any other premises must be made in the presence of:
▪ Lawful occupant thereof
▪ Any member of his family
▪ In the absence, 2 witness of sufficient age and discretion
• Knock and Announce Principle → police officers are obliged to give notice, show their authority,
and demand that they be allowed entry. They may only break open any outer or inner door or
window of a house to execute the warrant if, after such notice and demand, such officers are refused
entry to the place of directed search.

2. Warrantless Arrests and Detention

Instances when warrantless arrest may be made:
(1) In Flagrante Delicto
(2) Hot Pursuit Arrest
(3) Arrest of Escapee

In Flagrante Delicto Hot Pursuit Escapee

When, in his presence, the When an offense has in fact been An arrest without warrant is
person to be arrested has committed, and he has probable cause to lawful when the person to be
committed, is actually believe based on personal knowledge arrested is a prisoner who
committing or attempting to of facts indicating that the person to be has escaped from a penal
commit an offense. arrested has committed it. establishment or place where
he is serving final judgment
Requisites: OVERT ACT TEST Requisites: or temporarily confined while
1. The person to be 1. An offense has just been his case is pending, or has
arrested must committed escaped while being
execute an over act 2. The arresting officer has transferred from one
indicating that he has probable cause to believe based confinement to another.
just committed, is on personal knowledge of facts
actually committing or circumstances that the person
or is attempting to to be arrested has committed it.
commit a crime.
2. Such overt act is NOTES:
done in the presence • The arrest has to immediately→
attest within 1 hour
or within the view of follow the commission of the
the arresting officer. offense. If a sufficient amount of → rest after
time lapses as to allow him to 4 Days
NOTE: For continuing crimes procure a warrant, then the
such as rebellion or police officer must do so.
subversion, the accused may • Mere suspicion does not meet
be arrested at any time for the requirements of showing
he is deemed to be in the act probable cause.
of committing a crime. • A hearsay tip by itself is not
personal knowledge required by
the rule.
 ENTRAPMENT
In every arrest, there is a certain amount of entrapment used to outwit the persons violating or about to
violate the law. Where the criminal intent originates in the mind of the accused and the criminal offense is
completed, the fact that a person acting as a decoy for the state furnished the accused an opportunity for
commission of the offense, or that the accused is aided in the commission of the crime in order to secure the
evidence necessary to prosecute him, there is entrapment and the accused must be convicted.

WAIVER OF RIGHT
• The objection to illegal arrest must be made before plea. Otherwise, he will be estopped from
questioning the legality of the arrest.
• A waiver of an illegal arrest is not a waiver of an illegal search
• Application for bail is not a waiver from challenging the validity of the arrest

Deportation Proceedings
• Section 37 of Immigration Law empowering the Commissioner of Immigration to issue warrants for
the arrest of overstaying aliens is constitutional. This is a step preliminary to the deportation of
the aliens who had violated the condition of their stay in the country.

Mandatory Drug Testing

1. Candidates for Constitutional Offices [unconstitutional]
a. A law cannot provide additional qualifications other than those in the Constitution
2. Employees [constitutional]
a. The random drug testing would be undertaken in such a manner as to protect the privacy of
the employees involved.
3. Students [constitutional]
a. It is within the prerogative of schools to require compliance with reasonable school
regulations, as a condition for admission or enrolment. Schools and their administrators
stand in loco parentis with respect to their students, with a duty to safeguard the health and
well-being of their students.
4. Persons charged before the public prosecutor’s office [unconstitutional]
a. Defendants in a criminal complaint are not randomly picked. Certain persons are singled
out and are impleaded against their will.

3. Warrantless Searches
WIPE-CP-SCAM
1. Waiver of right (or consented warrantless search)
2. Incidental to a lawful arrest
3. Plain view
4. Exigent and emergency circumstances
5. Customs search
6. Private individual warrantless search (Sec. 5, Rule 113)
7. Stop and Frisk
8. Checkpoint search
9. Airport search
10. Moving vehicle

Waiver of Right (Consented Warrantless Search)

• The requisites are:
1. The right exists
2. The person involved had knowledge, either actual or constructive, of the existence of such right
3. Said person had an actual intention to relinquish the right
• This is personal. Thus, it can be waived only by the person whose rights are invaded, or one who is
expressly authorized to do so in his or her behalf.
• Prosecution must prove the waiver with clear and convincing evidence
• Waiver is not presumed. Silence or lack of resistance is not considered consent to the warrantless
search.
• INVALID → Waiver under RA10951 which authorizes warrantless inspections of houses upon
signing of the Consent of Voluntary Presentation for Inspection in a pro forma individual
application for new firearm registration. There is a legitimate, almost absolute, expectation of privacy
in one’s residence. The inspection contemplated may only be done with a search warrant.
Search Incidental to a Lawful Arrest
• A person lawfully arrested may be searched for dangerous weapons or anything which may have
been used or constitute proof in the commission of an offense without a search warrant.
• Requisites:
o The arrest must be lawful
o The item to be searched was within the arrestee’s custody or area of immediate control
▪ This means the area from within which he might gain possession of a weapon or
destructible evidence.
▪ The warrantless search cannot be made in a place other than the place of arrest.
o The search was contemporaneous with the arrest
• The warrantless search is limited to dangerous weapons or anything which may be used as proof of
the commission of the offense.

Seizure of Evidence in Plain View

• Requisites:
o A prior valid intrusion into a place
o The evidence was inadvertently discovered by the police who had the right to be where
they are
o The illegality of the evidence must be immediately apparent
o It is noticed without further search
• Immediately apparent means that the executing officer can, at any time of discovery of the object,
determine probable cause of the object’s incriminating evidence.
• Where the object seized was inside a closed package, the object itself is not in plain view and
therefore cannot be seized without a warrant.
o Exception → however, if the package proclaims its contents, whether by its distinctive
configuration, transparency, or its contents are obvious, then the contents are in plain view
and may be seized.
• The seizure of passports, bankbooks, checks, etc. does not fall within the plain view doctrine as the
supposed illegal character of the items were not readily and immediately apparent.

Exigent and Emergency Circumstances

In the event of a coup d’etat, when the building was put under surveillance pursuant to an intelligence report
that it housed large quantities of ammunition, and the car of the surveillance team was fired upon, the team
can validly proceed to the building without a warrant. They were impelled by the exigencies of the situation,
which concerned the very survival of society and government.

Customs Search
• The Tariff and Customs Code of 1957 authorizes persons having police authority to enter, pass
through, or search any land, enclosure, warehouse, store or building, not being a dwelling house, and
also to inspect, search, and examine any vessel or aircraft and any trunk, package, or envelope or
any person on board, or to stop and search and examine any vehicle, beast or person suspected of
holding or conveying any dutiable or prohibited article introduced into the Philippines.
• Requisites:
o The person conducting the search is exercising police authority under customs law (e.g., BIR
or BOC officials)
o The search was for the enforcement of customs law
o The place searched is not a dwelling place or house

Warrantless Search by a Private Individual (Sec. 5, Rule 113)

• The protection against unreasonable searches and seizures cannot be extended to acts committed by
private individuals so as to bring it within the ambit of alleged unlawful intrusion by the government.

Stop and Frisk (Terry Search)

• It is the act of a police officer to stop a citizen on the street, interrogate him, and pat him for weapon(s)
or contraband.
• Requisites:
o Police officer observes unusual conduct
o In light of his experience, there is reasonable suspicion that criminal activity may be afoot,
o He identifies himself as a policeman and makes reasonable inquiries
o There is reasonable fear for one’s own or other’s safety.
Thus, he is entitled to conduct a carefully limited search of the outer clothing of such
persons in an attempt to discover weapons which might be used to assault him.
• Probable cause is not required, but genuine reason based on experience.
o A stop and frisk search cannot be validated on the basis of suspicion or hunch.
o Reliance on 1 suspicious activity alone, or none at all, cannot produce a genuine reason. There
must be at least 2 or more suspicious circumstances.
 Checkpoint Search
• Checkpoints are NOT illegal per se. It may be allowed and installed by the government. Routine
inspection and a few questions do not constitute unreasonable searches.
• This is limited to a visual search.
• Extensive search is allowed only when probable cause is present.

Airport Search
• The search was made pursuant to routine airport security procedure. There is a contract between
the air carrier and a passenger that the hand-carried luggage(s) are subject to search for and seizure
of prohibited materials or substances, and in case of refusal, he shall not be allowed to board the
aircraft.
• Unlike in Terry Search (Stop and Frisk), the search is not limited to weapons.

Search of a Moving Vehicle

GUIDELINES FOR
• The vehicle’s inherent mobility reduces expectation of privacy. But there must be a highly
BUS SEARCHES
PRIOR EMMY → inspection
routine
reasonable suspicion amounting to probable cause.
• For visual search → no need of probable cause
&
airport
akin to

seaport security protocol

WHILE TRANSIT
IN → o Routinary and indiscriminate searches of moving vehicles are allowed if they are limited to a
that
visual search.
a
① upon receipt of information
contraband , the
passenger carries
bus
allow
can bestopped
inspection of the person
• For extensive search → probable cause is required
en route to
.

② whenever a bus picks passengers o Permissible only when they are founded upon probable cause.
en route, the prospective passenger
can frisked
be .
o Law enforcers cannot act solely on the basis of confidential or tipped information. A tip is still
③ a bus flagged
can be

designated military police checkpoints

or
down at
hearsay.
TO BE
SEARCH
VALID
:
o When police received a tip that the accused was going to deliver shabu, and when they
search → least intrusive
① Manner of
② search should not from any
result
insidious stopped the car, they saw a gun tucked in the accused’s waist, and he did not have any
documents to support, the police has strengthened suspicion. When the accused was asked
& other similar
motives
profiling stereotyping
.

③ confined ensuring public safety

→ to
purpose
④ precautionary place
measures were in to step out o the car, they found sachets of shabu on the driver’s seat. Here, the circumstances
to

ensure that evidenceno planted was

are sufficient to establish probable cause, thus it was a valid search of a moving vehicle.
against the accused

What are reasonable searches?

A reasonable search arises from a reduced expectation of privacy, for which reason, Section 2, Article III finds
no application. This includes searches done at airports, seaports, bus terminals, malls, and similar public
places.
• Thus, there can be valid security measures in these places like x-ray scanning, metal detectors,
frisking, or in lieu of electronic scanners, passengers can be required instead to open their bags and
luggages for inspection.

4. Exclusionary Rule
Any evidence obtained in search or seizure without a warrant or by authority of an invalid warrant shall be
inadmissible for any purpose in any proceeding.
• Evidence obtained and confiscated on the occasion of such unreasonable searches and seizures are
deemed tainted for being the fruit of a poisonous tree.

ESTOPPEL → An accused is estopped from assailing the illegality of his arrest if he fails to move for the
quashing of the information against him before his arraignment.

D. PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE

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

Right of Privacy →the right to be left alone, to be free from undesired publicity or disclosure of his communication
or correspondence. STRANDS OF THE RIGHT TO PRIVACY
① Locational or situational
ZONES OF PRIVACY
② Informational -

right to control
① Right against unreasonable searches & seizures information about
③ Decisional themselves
of communication & correspondence
.

② Right to privacy
1. Private and Public Communications
Coverage
Forms of communication considered private and protected:
1. Letters
2. Messages
3. Telephone calls
4. Telegrams and the like.
Reasonable Expectation of Privacy Test
The factors to determine whether there is a violation of the right to privacy are:
1. Whether a person has exhibited a reasonable expectation of privacy
The reasonableness of a person’s expectation of privacy depends on the following tests:
a. Subjective → whether, by his conduct, the individual has exhibited an expectation of privacy
b. Objective → the expectation is one that society recognizes as reasonable
2. Whether that expectation has been violated by unreasonable government intrusion.

NOTES:
• Private communications can be made public where a secret involves public questions which the
State should and ought to know, the State may infringe that privacy of communication by some
process or by appealing to the Court for the purpose of determining whether or not the privacy
should be maintained.
• The right of privacy of a public figure is necessarily narrower than that of an ordinary citizen.
• Personal matters are exempt or outside the coverage of the people’s right to information on matters
of public concern.

2. Intrusion, when allowed

(1) Upon lawful order of the court, or
(2) When public safety or order requires otherwise as prescribed by law

Upon Lawful Order of the Court

The Constitution does not give any ground. It is submitted that the requirement of probable cause in Section
2 should be followed. After all, the privacy right is but an aspect of the right to be secure in one’s person.

When Public Safety or Order Requires Otherwise As Prescribed By Law

Requisites when intrusion is made without judicial order
(1) Based upon a government official’s assessment that public safety and order demand such intrusion
(2) Discretion must be exercised as prescribed by law

3. Exclusionary Rule
Any evidence obtained in violation of the right to privacy of communication and correspondence shall be
inadmissible for any purpose in any proceeding.

NOTES:
• To come under the exclusionary rule, the evidence must be obtained by government agents, and not
by private individuals acting on their own.
• Private violations are still actionable, under Article 32 of the Civil Code.
• Exclusionary rule will not apply if the recipient of the message granted access to the message(s) sent.
• Exceptional case where the Bill of Rights was invoked against a private individual → Between
Husband and Wife → the intimacies between husband and wife do not justify any one of them in
breaking the drawers and cabinets of the other and in ransacking them for any telltale evidence of
marital infidelity.

Section 12 of Cybercrime Prevention Act

Section 12 on real-time collection of traffic data was declared unconstitutional. The power is virtually
limitless, enabling law enforcement authorities to engage in fishing expedition, choosing whatever specified
communication they want. This evidently threatens the right of individuals to privacy.

Online Social Network Privacy

Before one can have an expectation of privacy in his or her online social network activity, it is first necessary
that said user manifest the intention to keep certain posts private. In the cyberworld, utilization of privacy
tools is the manifestation of user’s invocation of his or her right to informational privacy.
• Setting a post or profile detail’s privacy to “Friends Only” is no assurance that it can no longer be
viewed by another user who is not Facebook friends with the source of the content. Consequently,
they still remain to be outside the confines of the zones of privacy.
• There is informational privacy right if the Facebook user opts to make use of privacy tool to grant or
deny access to his or her post or profile detail (e.g., “Only Me” or custom list).
E. FREEDOM OF SPEECH AND EXPRESSION
Sec. 4
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress of grievances

1. Prior restraint and subsequent punishment

PRIOR RESTRAINT (CENSORSHIP) SUBSEQUENT PUNISHMENT
Refers to official governmental restrictions on the The free speech and press clause prohibits systems of
press or other forms of expression in advance of actual subsequent punishment which have the effect of
publication or dissemination. Freedom from prior unduly curtailing expression
restraint is largely freedom from government
censorship of publications, whatever the form of
censorship

PRESUMED INVALID AND UNCONSTITUTIONAL

GENERAL RULE: Any system of prior restraints of
expression comes to court bearing a heavy
presumption against its constitutionality. The
Government thus carries a heavy burden of showing
justification for in enforcement of such restraint

EXCEPTION: Comelec’s power, under Art. IX (C) (4), to

regulate time in broadcast media and space in the
papers for the purpose of equalizing, as far as
practicable, the situation of rich and poor candidates by
preventing the rich candidates from enjoying undue
advantage offered by huge campaign “war chests.” The
provision on freedom of expression must be read in
conjunction with the power of the Comelec to supervise
and regulate media during elections

GOVERNMENT ACTS PRECLUDED

Freedom from prior restraint precludes governmental
acts that
1. Requires approval of a proposal to publish
2. Licensing or permits as prerequisites to
publication including the payment of license
taxes for the privilege to publish
3. Injunctions against publication

WHEN PROHIBITION ON PRIOR RESTRAINT DOES

NOT APPLY
1. When the nation is at war (e.g., the government
can prevent publication about the number or
location of its troops)
2. Obscene publications
3. Security of community life may be protected
against incitements to acts of violence or
overthrow by force of orderly government

NOTE:
• The prohibition by Comelec of posting of
decals and stickers of candidates on “mobile”
places, public or private is not valid. It
presents no substantial danger to government
interest. It was also found to suffer from
overbreadth because it encompassed the use of
private vehicles
• The Comelec cannot ban exit polls. It does not
satisfy the clear and present danger rule
because the evils envisioned are merely
speculative, that is the tendency to sow
confusion considering the randomness of
selecting interviewees
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2. Content-based and content-neutral regulations
CONTENT-BASED CONTENT-NEUTRAL
The restriction is based on the subject matter of the Merely concerned with the incidents of the speech, or
utterance or speech one that merely controls the time, place, or manner,
and under well-defined standards
STRICT SCRUTINY TEST
SUBJECT TO CLEAR AND PRESENT DANGER RULE SUBJECT TO INTERMEDIATE APPROACH
The test is whether the words used are used in such Only a substantial governmental interest is required
circumstances and are of such a nature as to create a for its validity. Regulations of this type are not designed
clear and present danger that they will bring about to suppress any particular message, they are not subject
the substantive evils that Congress has a right to to the strictest form of judicial scrutiny but an
prevent. It is a question of proximity and degree intermediate approach – somewhere between the mere
rationality that is required of any other law and the
compelling interest standard applied to content-based
restrictions

REQUISITES O’BRIEN TEST

1. The government must show the type of harm A governmental regulation is sufficiently justified if
the speech sought to be restrained would bring 1. It is within the constitutional power of the
about especially the gravity and the government
imminence of the threatened harm 2. It furthers an important or substantial
2. The regulation which restricts the speech governmental interest
content must serve an important or substantial 3. The governmental interest is unrelated to the
government interest, which is unrelated to the suppression of free expression, and
suppression of free expression, and 4. The incident restriction is no greater than is
3. The incidental restriction is no greater than essential to the furtherance of that interest
what is essential to the furtherance of that
interest

3. Facial challenges and overbreadth doctrine

FACIAL CHALLENGE OVERBREADTH DOCTRINE
It is an exception to the rule that only persons who are A proper governmental purpose, constitutionally
directly affected by a statute have legal standing to subject to state regulation, may not be achieved by
assail the same. This is only applicable to statutes means that unnecessarily sweep its subject broadly,
involving free speech. It is not required that own thereby invading the area of protected freedoms
rights are violated, but there is judicial prediction or
assumption that the statute’s very existence may
cause others not before the court to refrain from
constitutionally protected speech or expression Facial challenge is NOI
proper in CRIMINAL
•
"

STATUTE
NOTE: This is now expanded not only to statutes
regulating free speech, but also those involving
religious freedom and other fundamental rights

AS APPLIED FACIAL CHALLENGE

One can challenge the A petitioner may mount a
constitutionality of a "facial" challenge to the
statute only if he asserts constitutionality of a
a violation of his own statute even if he claims
rights. It prohibits one no violation of his own
from assailing the rights under the assailed
constitutionality of the statute where it involves
statute based solely on free speech on grounds of
the violation of the rights overbreadth or
of third persons not vagueness of the statute
before the court. This
rule is also known as the
prohibition against
third-party standing

RATIONALE: To counter the "chilling effect" on

protected speech that comes from statutes violating
free speech

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4. Test to determine the validity of governmental regulation
CLEAR AND PRESENT DANGER TEST DANGEROUS TENDENCY RULE BALANCING OF INTERESTS TEST
The test is whether the words used Speech may be curtailed when it Balancing of public interests
are used in such circumstances and creates a dangerous tendency served by legislation on one hand,
are of such a nature as to create a which the State has the right to and constitutional freedoms
clear and present danger that they prevent. There should be a rational affected by it, on the other, and to
will bring about the substantive connection between the speech arrive at a judgment where the
evils that Congress has a right to and the evil apprehended greater weight shall be placed
prevent. It is a question of
proximity and degree His sufficient # the natural tendency and Used as a standard when courts
probable effect oftheulterancebetobring need to balance conflicting social
Undetthisrukeifheadvoeaoyof ideas about the substantive evilwhlihthe
values and individual interests,
cannot
constitutionally beabridged unless legislative body seeks to prevent .

and requires a conscious and

thereisdearandpresentdangerthatsuch detailed consideration of the
advocacy will harm the administration of interplay of interests
justice .

BROADCAST MEDIA SEDITIOUS SPEECH EARLY NOMINATIONS

Radio station DYRE was summarily Citizen Perez made this remark at a RA 4880 prohibits the too early
closed for national security reasons political discussion at a town nomination of political candidates
because it allegedly aired municipio, “and the Filipinos, like and limits the period for partisan
subversive programs. The SC myself, must use bolos for cutting off political activity. Its purpose is to
recognized that the government has Wood’s head for having prevent the debasement of the
a right to be protected against recommended a bad thing for the political process. In determining the
broadcasts that incite the listeners Philippines.” There is a seditious validity of the law, free speech as a
to violently overthrow it tendency which could easily social value must be weighed
produce disaffection among the against the political process as a
people and a state of feeling social value
incompatible with a disposition to
remain loyal to the Government

5. State regulation of different types of mass media

DUAL REGULATION
1. Procure a legislative franchise
2. Register and be subject to regulations set by the NTC

PRINT MEDIA V. BROADCAST MEDIA

The freedom of film, television and radio broadcasting is lesser in scope than the freedom accorded to newspapers
and other print media
i. The difference in treatment is in the regulatory scheme applied to broadcast media that is not imposed
on traditional print media, and narrowly confined to unprotected speech (e.g., obscenity, pornography,
seditious and inciting speech), or is based on a compelling government interest
ii. Regardless of the regulatory schemes, the clear and present danger test applies to content-based
restrictions on media, without making a distinction as to traditional print or broadcast media

COMMERCIAL SPEECH
Communication which no more than proposes a commercial transaction, such as advertisements

CENTRAL HUDSON TEST

To enjoy protection:
i. Must not be false or misleading
ii. Must not propose an illegal transaction
iii. Government has substantial interest to protect
iv. The regulation directly advances that interest
v. It is not more extensive than is necessary to protect that interest (not overbroad)

HECKLER’S VETO
Suppression of a protected speech by the government because of the possibility that it might provoke a violent
response (e.g., anti-islam movie not shown in the Philippines because it can cause violent reaction from muslims)

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6. Unprotected speech
1. HATE SPEECH AND FIGHTING WORDS
HATE SPEECH FIGHTING WORDS
Speech that demeans on the basis of race, ethnicity, Words which by their very utterance, inflict injury
gender, religion, age, disability, or any other or tend to incite an immediate breach of the peace
similar ground is hateful
Protected Not protected if defamatory or tortious

2. DEFAMATION OR LIBEL
A libel is a public and malicious imputation of a crime, or of a vice or a defect, real or imaginary, or any
act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory of one who is dead

ELEMENTS
i. The allegation of a discreditable act or condition concerning another
ii. Publication of the charge
iii. Identity of the person defamed, and
iv. Existence of malice statement made with actual Mattie is the RECKLESS DISREGARD OF TRUTH TEST .

The test to determine whether the defamatory was

GENERAL RULE: Every defamatory imputation is presumed to be malicious, even if it be true, if no

good intention and justifiable motive for making it is shown

EXCEPTIONS:
i. A private communication made by any person to another in the
performance of any legal, moral or social duty, and
ii. A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative or other official proceedings which are not
of confidential nature

DOCTRINE OF FAIR COMMENTARIES

Means "that while in general every discreditable imputation publicly made is deemed false, and every false
imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public
person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation
to a public official may be actionable, it must either be a false allegation of fact or a comment based on a
false supposition

LIBEL OF PUBLIC OFFICIALS AND PUBLIC FIGURES

There is no recovery of damages for defamatory falsehood relating to official conduct unless he proves that
the statement was made with actual malice (knowledge that it was false or with reckless disregard of
whether it was false or not)

PRIVILEGED COMMUNICATION
i. The person who made the communication had legal, moral or social duty to make the communication
ii. The communication is addressed to an officer or a board
iii. The statement in the communication are made in good faith and without malice

3. OBSCENITY OR PORNOGRAPHY

TEST OF OBSCENITY (MILLER TEST)

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

RELATIVE OBSCENITY
There is no perfect definition of obscenity. Obscenity is an issue proper for judicial determination and
should be treated on a case-to-case basis and on the judge’s discretion

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 RULES ON ASSEMBLY AND PETITION (J.B.L. Reyes v. Bagatsing)
i. The applicant for a permit to hold an assembly should inform the licensing authority of the date, the
public place where and the time when it will take place (if private, only consent of the owner)
ii. It must be filed ahead in time to enable the public official to appraise whether there be valid
objections or change of public place (it must pass the clear and present danger rule)
iii. If the public authority is of the view that there is imminent or grave danger, the applicant must be
heard on the matter
iv. The decision must be transmitted to applicants at the earliest opportunity

RIGHT OF ASSEMBLY RIGHT OF PETITION

The right on the part of the citizens to meet The right to make a complaint to, or seek the
peaceably for consultation in respect to public assistance of, one's government, without fear of
affairs punishment or reprisals

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

1. Non-establishment and free exercise clauses

NON-ESTABLISHMENT CLAUSE FREE EXERCISE CLAUSE
Prohibits the State from sponsoring or favoring any Forestalls compulsion by law of the acceptance of any
religion. It mandates a strict neutrality in affairs creed or the practice of any form of worship, and
among religious groups. Essentially, it prohibits the safeguards the free exercise of the chosen form of
establishment of a state religion and the use of religion
public resources for the support or prohibition of a
religion FREEDOM TO BELIEVE FREEDOM TO ACT
Absolute Not absolute
The non-establishment clause reinforces the wall of Absolute as long as the When the individual
separation between Church and State belief is confined within externalizes his beliefs
i. The State cannot set up a Church the realm of thought. in acts or omissions that
ii. The State cannot pass laws which aid one or The individual is free to affect the public, his
all religion, or prefer one religion over believe or disbelieve as freedom to do so
another he pleases. "Men may becomes subject to the
iii. The State cannot force nor influence a believe what they cannot authority of the State
person to go to or remain away from church prove"
or profess a belief or disbelief in any religion
iv. The State cannot punish a person for • The basis of the free exercise clause is the
entertaining or professing religious beliefs respect for the inviolability of the human
or disbeliefs, for church attendance or conscience. The State is prohibited from
nonattendance unduly interfering with the outside
v. No tax in any amount, large or small, can be manifestations of one's belief and faith
levied to support any religious activity or • Exemption of members of INC from the
institution coverage of a closed shop agreement because
vi. The State cannot openly or secretly it would violate the teaching of their church not
participate in the affairs of any religious to join any group
organization or group • Exemption of Jehovah’s Witnesses to the
observance of the flag ceremony out of respect
• The holding of Catholic masses at the basement for their religious beliefs, however bizarre those
of the QC Hall of Justice is not a case of beliefs may seem to others
establishment, but merely accommodation • The certification of food as halal, that is suitable
i. There is no law, ordinance, or for consumption by muslims according to their
circular mandating the judiciary religious belief is a religious exercise that may
employees to attend the masses not be performed by a government agency
ii. When judiciary employees attend, it
is at their own initiative without
any coercion
iii. No government funds are being
spent because the electricity
continue to be operational even if
there are no masses
iv. The basement has neither been
converted into a Roman Catholic
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 chapel nor has it been permanently
appropriated for its exclusive use
v. The masses have not prejudiced
other religions
• The stamps commemorating a Catholic
Eucharistic Congress were not sold for the
benefit of the Catholic Church, but merely to
advertise Philippines as the seat of the
Eucharistic Congress. The resulting propaganda
possibly in favor of the Catholic Church is
merely incidental. The main purpose is to
generate profit and boost tourism
• Government furnishes a disabled child enrolled
in a sectarian school with a sign language
interpreter to facilitate his education because
the service is part of a general government
program that neutrally distributes benefits to
any disabled child. Here, the child is the primary
beneficiary, whatever benefits that may accrue
to the school is merely incidental
• Holding a fiesta and having a patron saint for
the barrio is not illegal. The barrio fiesta is a
socio-religious affair
• The lending of secular textbooks to parochial
school children

Guide in determining whether a case is a free exercise case or a non-establishment case

NON-ESTABLISHMENT FREE EXERCISE
Does not necessarily involve compulsion Involves compulsion

2. Benevolent neutrality and conscientious objectors

BENEVOLENT NEUTRALITY CONSCIENTIOUS OBJECTORS
The benevolent neutrality theory believes that with Persons who are conscientiously opposed to
respect to these governmental actions, participation in war in any form by reason of religious
accommodation of religion may be allowed, not to training and belief may be exempted from combat
promote the government's favored form of religion, but training and service in the armed forces
to allow individuals and groups to exercise their
religion without hindrance RH LAW
Secs. 7, 23 and 24 commonly mandate that a hospital or
SHERBERT TEST a medical practitioner to immediately refer a person to
The test involves the following: another accessible healthcare provider despite their
1. Does the law burden the person of his free conscientious objections. The obligation violates the
exercise of religion religious belief and conviction of a conscientious
2. Is the person sincere in his belief, and objector. Once the medical practitioner, against his will,
3. Does the State have a compelling interest in refers a patient, his conscience is immediately
implementing the law burdened as he has been compelled to perform an act
against his beliefs
• Where a clerk of court is living with a man
without benefit of marriage but in accordance
with her religion

3. Tests to determine the validity of governmental regulation

1. ABINGTON TEST
To withstand the strictures of the Establishment Clause:
i. There must be a secular legislative purpose, and
ii. A primary effect that neither advances nor inhibits religion

2. LEMON TEST
Allowable government aid in favor of a religion if it:
i. Has a secular legislative purpose
ii. Has primary effect that neither advances nor inhibits religion
iii. Does not require excessive entanglement with recipient institutions (when the government and the
church work together)
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 3. AGOSTINI TEST FOR EXCESSIVE ENTANGLEMENT
To determine/assess excessive entanglement, the following must be taken into consideration:
i. The character and purposes of the benefitted institutions
ii. The nature of the aid that the State provides, and
iii. The resulting relationship between the government and religion, e.g., whether it was neutral and
nonideological

4. MITCHELL TEST
Three primary criteria for determining whether a statute/government aid has the effect of advancing
religion:
i. If it results in governmental indoctrination
ii. If it defines its recipients by reference to religion, or
iii. If it creates an excessive entanglement

G. LIBERTY OF ABODE AND RIGHT TO TRAVEL

Sec. 6
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except
upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law

1. Scope and limitations

LIBERTY OF ABODE
The right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to
go where he pleases, without interference from any source

RIGHTS GUARANTEED
1. Freedom to choose and change one’s place of abode
2. Freedom to travel within the country and outside

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

NOTE:
• There is no law, order, or regulation which authorized a Mayor or Chief of Police to force citizens of the
Philippines to change their domicile from Manila to another locality. Here, women of ill repute despite being
lepers of society are nevertheless not chattels but Philippine citizens protected by the same constitutional
guaranties as are other citizens
• AO1 does not infringe upon petitioner’s right to travel but merely bars motorcycles, bicycles, tricycles,
pedicabs, and any non-motorized vehicles as the mode of traveling along limited access highways. The right
to travel does not mean the right to choose any vehicle in traversing a toll way. The right to travel refers
to the right to move from one place to another. Petitioners are not denied the right to move from Point A
to Point B along the toll way. Petitioners are free to access the toll way, much as the rest of the public can.
The mode by which petitioners wish to travel pertains to the manner of using the toll way, a subject that can
be limited by regulation
• City councils are authorized to enact curfew ordinances. It provides sufficient statutory basis to restrict the
minors' exercise of the right to travel
• The right to leave a country and the right to enter one's country are separate and distinct rights

2. Watch-list and hold departure orders

WATCH-LIST ORDER HOLD DEPARTURE ORDER
Watch-list Orders issued against Hold Departure Orders issued against:
i. Accused in criminal cases (irrespective of i. Accused on criminal cases (irrespective of
nationality in RTC or below) nationality in courts below RTC)
ii. Any person with pending case in DOJ ii. Aliens (defendant, respondent, and witness
in pending civil or labor case, or any case
pending before administrative agency of the
government)
iii. Any person motu proprio by the SOJ or
request of heads of departments,

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 Constitutional Commissions, Congress, or
Supreme Court

NOTE: The DOJ does not have inherent power to issue a hold-departure order, unlike the courts, or to restrict the
right to travel in any way

H. RIGHT TO INFORMATION
Sec. 7
The right of the people to information on matters of public concern shall be recognized. Access to official records,
and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may
be provided by law

1. Scope and limitations

RIGHTS GUARANTEED
i. Right to information on matters of public concern
ii. Right of access to official records and documents

EXAMPLES ACCORDING TO JURISPRUDENCE

MATTERS OF PUBLIC CONCERN MATTERS OF PUBLIC INFORMATION
1. Loanable funds of GSIS 1. Decision and voting slips of the MTRCB board
2. Civil service eligibility of sanitarian employees for the classification of movies
3. Appointments made to public offices and the 2. Party-list nominees through medium other than
utilization of public property the “Certified List”
4. National board examinations such as the CPA 3. Examination papers and answer keys in the CPA
Board Exams Board Exam
5. Names of nominees of party-lists 4. Definite propositions and “official
6. Negotiations leading to the consummation of recommendations” of agencies preceding and
the transaction even before the consummation of the contract

LIMITATIONS
The constitutional guarantee of the people's right to information do not cover:
1. Banking transactions
2. Executive Sessions
3. National Security matters
4. Trade secrets (e.g., chemical compositions of special lubricants)
5. Diplomatic correspondence
6. Intelligence information
7. Supreme Court deliberations
8. Closed Door cabinet meetings

NOTE:
• These are political rights available to citizens only
• It is a self-executing provision
• The right to information is paramount, and that the wiretapping issue is subservient to this right. The
“Hello Garci” tapes should be played, because prohibiting its airing would be prior restraint

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

1. Concept
2. Just compensation
Eminent domain is the authority and right of the State, as sovereign, to take private property for public use
upon observance of due process of law and payment of just compensation. The State's power of eminent domain
is limited by the constitutional mandate that private property shall not be taken for public use without just
compensation

POLICE POWER EMINENT DOMAIN

Police power regulates or may even destroy private Eminent domain transfers ownership and must be
property, but there is no transfer of ownership nor compensated
compensation

SCOPE AND LIMITATIONS

In the hands of Congress, the scope of the power is, like the scope of legislative power itself, plenary. The exercise,
however, is not unlimited, for two mandatory requirements must be present: (1) it is for a particular public purpose,
and (2) just compensation to be paid to the owner

WHO MAY EXERCISE

1. Generally, Congress
2. Delegated Executive, pursuant to legislation enacted by Congress
3. Local government units, pursuant to an ordinance enacted by their respective legislative bodies under LGC
4. Public corporations, as may be delegated by law
5. Quasi-public corporations (e.g., PNR, PLDT, Meralco)

NOTE: The claim of PLDT’s right of eminent domain cannot be resolved in a complaint for forcible entry or
unlawful detainer. Expropriation may be judicially claimed only by filing a complaint for expropriation. An
expropriation suit falls under RTC’s jurisdiction because it is a case incapable of pecuniary estimation. The
right of an expropriator to file a complaint is not allowed in an action for forcible entry or unlawful detainer
suit. These actions are summary in nature. The Court cannot award expropriation. This is without prejudice
to the filing of a separate case for expropriation

REQUISITES FOR VALID EXERCISE

1. There is a taking of private property

ELEMENTS OF TAKING
i. The expropriator must enter upon the private property
ii. The entrance must not be for a momentary period, it must be permanent
iii. The entry must be under warrant or color of legal authority
iv. The property must be devoted for public use
v. The utilization of the property must be in such a way as to oust the owner and deprive him of all
beneficial enjoyment of the property

• There was a full taking notwithstanding that the owners were not completely and actually
dispossessed. The taking of private property for public use, to be compensable, need not be an
actual physical taking or appropriation
• The rebroadcasting of Channels 2 and 23 of ABS-CBN under the mandatory duty to carry the signals
of television broadcast stations of Philippine Multi Media Inc (PMSI) is not a form of compensable
taking but a form of police power regulation. Franchises are subject to the police power
• When a municipal property is taken by the State, there is compensable taking if it is a patrimonial
property of the municipality

2. Taking is for public use

• Public use means public usefulness, utility, or advantage, or what is productive of general benefit
• No expropriation proceeding can continue if the property will not be for public use. Here, considering
that Corp A is no longer using X’s properties for the Substation Project, it may be allowed to
discontinue with the expropriation proceedings, subject to court approval. However, the
expropriation will not be dismissed if (1) the trial court’s order became final and executory, (2)
the government already took possession of the property, and (3) the expropriation case already
caused prejudice to the landowner

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 3. Payment of just compensation
• Just compensation is the full and fair equivalent of the property sought to be expropriated
• The general rule is that the just compensation is the market value. Market value is that sum of money
which a person desirous but not compelled to buy, and an owner willing but not compelled to sell,
would agree on as a price to be paid by the buyer and received by the seller
• The general rule is modified where only a part of a certain property is expropriated. In such a case,
the owner is not restricted to compensation for the portion actually taken, he is also entitled to
recover the consequential damage, if any, to the remaining part of the property
• Consequential damages are only awarded if as a result of the expropriation, the remaining property
of the owner suffers from an impairment or decrease in value
• There is no legal basis to separate the value of the excavated soil from that of the expropriated
properties. The soil has no value separate from that of the expropriated land
• The following are entitled to just compensation: (1) Owner, and (2) All owning, occupying, or
claiming to the property who have lawful interest (e.g., mortgagee, lessee, vendee under an
executory contract)
• The value of the property must be determined either as of the date of the taking of the property or
the filing of the complaint, whichever is earlier
• Non-payment of just compensation does not entitle the private landowners to recover possession
of their expropriated lot
i. But the prolonged occupation of the government without instituting expropriation
proceedings will entitle the landowner to damages. Such pecuniary loss entitles him to
adequate compensation
ii. In cases where the government failed to pay within 5 years from the finality of the
judgment in the expropriation proceedings, the owners concerned shall have the right to
recover possession of their property. This is in consonance with the principle that "the
government cannot keep the property and dishonor the judgment"
• The concept of delay does not pertain to the length of time that elapsed from the filing until its
resolution. Rather, it refers to the fact that property was taken for public use before compensation
was deposited with the court

JUDICIAL REVIEW
The exercise of the powers of eminent domain is subject to judicial review:
1. The adequacy of the compensation
2. The necessity of the taking
3. The “public use” character of the taking

3. Expropriation by local government units

REQUISITES
1. An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of
the LGU, to exercise the power of eminent domain or pursue expropriation proceedings over a particular
private property
2. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the poor
and the landless
3. There is payment of just compensation
4. A valid and definite offer has been previously made to the owner of the property sought to be expropriated,
but said offer was not accepted

• The delegated power of eminent domain of local government is strictly speaking not a power of
eminent but of inferior domain – a share merely in eminent domain. it is only as broad as the
authority delegated to it
• The law requires the deposit of an amount equivalent to 15% of the FMV of the property based on
its current tax declaration
• Immediate entry – In the case of LGUs, entry into the property may be made before payment
provided that a deposit is made. The local government unit may immediately take possession of
the property upon the filing of the expropriation proceedings and upon making a deposit

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LIMITATIONS
Order of priority in acquiring land for socialized housing: Private lands rank last in the order of priority for
purposes of socialized housing

RA No. 7279 (Urban Development & Housing Act) lays down the mandatory priority in the acquisition of lands:
1. Those owned by the government
2. Alienable lands of the public domain
3. Unregistered, idle, or abandoned lands
4. Those within declared Areas of Priority Development, Zonal Improvement, Slum Improvement, or
Resettlement Program sites Bagong Lipunan Improvement Sites and Services (BLISS) which have not been
acquired
5. Privately owned lands (last in the priority)
6. Other modes of acquisition must first be exhausted

MISCELLANEOUS APPLICATION
GENERAL RULE: The value must be that as of the time of the filing of the complaint for expropriation

EXCEPTION: When the filing of the case comes later than the time of taking and meanwhile the value of the
property has increased because of the use to which the expropriator has put it, the value is
that of the time of the earlier taking

XCP TO XCP: If the value increased independently of what the expropriator did, then the value is that of
the filing of the case. Even before compensation is given, entry may be made upon the
property condemned by depositing the money or an equivalent form of payment such as
government bonds

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

1. Scope and limitations

• Covers persons, both in the public and private sectors, may form unions, associations, and societies. The
right is recognized as belonging to the people whether employed or unemployed, and whether employed
in the government or in the private sector
• It guarantees the freedom to associate as well as the freedom not to associate. The provision is not a basis
to compel others to form or join an association
• The registration of labor unions is not a limitation to the right of assembly or association. It is merely a
condition sine qua non for the acquisition of legal personality and the possession of the rights and privileges
granted by law to legitimate labor organizations. Such requirement is a valid exercise of the police power
because the activities in which labor organizations are engaged affect public interest
• Compulsory membership is an annotation on a lot owner's certificate of title. Petitioners were bound by
this annotation. The constitutional guarantee of freedom of association can only be invoked against the
State, and does not apply to private transactions, like a sale. Automatic membership in a homeowners'
association does not violate lot owners' right to freedom of association because they were not forced to buy
their lots from the developer
• Compulsory membership in the IBP does not violate the freedom of association. It has become an
imperative means to raise the standards of the legal profession, improve the administration of justice, and
enable the Bar to discharge its public responsibility fully and effectively

K. NON-IMPAIRMENT OF CONTRACTS
Sec. 10
No law impairing the obligation of contracts shall be passed

1. Concept and limitations

WHAT CONSTITUTES IMPAIRMENT
A law which
i. changes the terms of a legal contract between parties, either in the time or mode of performance
ii. imposes new conditions, or dispenses with those expressed
iii. authorizes for its satisfaction something different from the provided in its terms
is a law which impairs the obligation of a contract and is null and void

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 • The non-impairment clause is a limit on the exercise of legislative power and not of judicial or quasi-
judicial power. The SEC was acting as a quasi-judicial body when it approved the Rehabilitation Plan thus,
its order approving the plan cannot constitute an impairment
• Valid exercise of police power is superior to the obligation of contracts
• Non-impairment clause prevails (1) against the removal of tax exemptions, where the consideration for the
contract is the tax exemption itself, and (2) regulation on loans

L. FREE ACCESS TO COURTS AND ADEQUATE LEGAL ASSISTANCE

Sec. 11
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any
person by reason of poverty
• The new Constitution has expanded the right as it now guarantees free access also to "quasi-judicial bodies"
and to "adequate legal assistance" as well
• Those protected include low paid employees, domestic servants, and laborers
• They need not be persons so poor that they must be supported at public expense. It suffices that plaintiff is
indigent. The difference between paupers and indigent persons is that the indigents are persons who have
no money or property sufficient and available for food, shelter and basic necessities for himself and his
family

M. RIGHTS UNDER CUSTODIAL INVESTIGATION

Sec. 12
1. Any person under investigation for the commission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel

2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited

3. Any confession or admission obtained in violation of this or Sec. 17 hereof shall be inadmissible in
evidence against him

4. The law shall provide for penal and civil sanctions for violations of this section as well as compensation
to and rehabilitation of victims of torture or similar practices, and their families

1. Meaning of custodial investigation

Custodial investigation involves any questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant way

WHEN RIGHT BEGINS WHEN RIGHT ENDS

!!! It is only after the investigation ceases to be a 1. Investigation prior to the filing of charges
general inquiry into an unsolved crime and begins to 2. Preliminary examination and investigation
focus on a particular suspect, the suspect is taken after charges are filed
into custody, and the police carries out a process of 3. Period of trial
interrogations that lends itself to eliciting
incriminating statements that the rule begins to
operate

Investigations can be conducted by

1. Police authorities, including
i. Municipal police
ii. Philippine Constabulary
2. NBI officers
3. Citizen Armed Force Geographical Unit (CAFGU) members
4. Barangay Captains

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WHEN RIGHTS ARE AVAILABLE
AVAILABLE NOT AVAILABLE
• The rule applies to a reenactment of a crime. • The rights extend only to testimonial
This constitutional privilege has been defined as compulsion and not when to body of the
a protection against testimonial compulsion, accused is proposed to be examined (e.g.,
but this has been extended to any evidence paraffin test, urine sample)
“communicative in nature” acquired under • Person undergoing audit because an audit
circumstances of duress. An act, whether examiner is not a law enforcement officer
testimonial or passive, that would amount • As a rule, a police lineup is not part of the
disclosure of incriminatory facts is covered. custodial investigation. This is because during a
Likewise, photos of reenactment are not police line-up, the process has not yet shifted
admissible from the investigatory to the accusatory and
• RA 7438 expanded the definition of custodial it is usually the witness or the complainant who
investigation to include the practice of issuing is interrogated and who gives a statement in the
“invitation” to a person who is investigated in course of the line-up
connection with an offense he is suspected to
have committed, without prejudice to the HOWEVER, the moment there is a move or even
liability of the inviting officer for any violation an urge to elicit admissions or confessions or
of law. This means that even those who even plain information, the rights become
voluntarily surrendered must be apprised of available
their Miranda rights. For one, the same • Admissions made in an administrative
pressures of a custodial setting exist investigation
• The “request appearance” of the accused in • Confession or admission is made to a private
the police station constitutes custodial individual
investigation. He was identified as a suspect • Verbal admission made to a radio announcer
and when he was given a request appearance, who was not part of the investigation
he was already singled out as the probable • Admission made to a mayor who is approached
culprit. A "request for appearance" issued by not as mayor but as confidant
law enforcers to a person identified as a suspect • Interview recorded on video in the presence of
is akin to an "invitation" newsmen
• Confession to a “Bantay Bayan” has the color • Spontaneous statements, not elicited through
of a state-related function and objective (a questioning by the authorities, but given in an
group of male residents keeping peace in their ordinary manner whereby the accused orally
community) The nature of a bantay bayan is an admits having committed the crime
accredited auxiliary of the PNP • Signing of arrest reports and booking sheets.
It is not an extra-judicial statement and
cannot be the basis of a judgment of conviction.
The Booking Sheet is merely a statement of the
accused's being booked and of the date which
accompanies the fact of an arrest
• Signing of marked money. A person’s right
against self-incrimination was not violated for
his signing and possession of the marked bills
did not constitute a crime

2. Rights of a person under custodial investigation

1. RIGHT TO REMAIN SILENT
• A person under investigation has the right to refuse to answer any question. His silence, moreover,
may not be used against him
• The warning of the right to remain silent must be accompanied by the explanation that anything
said can and will be used against the individual in court. This warning is needed in order to make him
aware not only of the privilege, but also of the consequences of forgoing it
• Silence not an implied admission of guilt

2. RIGHT TO COMPETENT AND INDEPENDENT COUNSEL

COMPETENT INDEPENDENT
A competent counsel is an effective and vigilant Being independent refers to those who do not have
counsel which necessarily and logically requires an adverse interest to that of the accused
that the lawyer be present and able to advise and
assist his client from the time the confessant
answers the first question asked by the

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 investigating officer until the signing of the
extrajudicial confession

• The purpose of the right to counsel is to preclude the slightest coercion as would lead the accused
to admit something false. The lawyer, however, should never prevent an accused from freely and
voluntarily telling the truth
• The right to counsel does not mean that the accused must personally hire his own counsel. The
constitutional requirement is satisfied when a counsel is
i. Engaged by anyone acting on behalf of the person under investigation, or
ii. Appointed by the court upon petition of the said person or by someone on his behalf
• The phrase "preferably of his own choice" does not convey the message that the choice of a lawyer
by a person under investigation is exclusive as to preclude other equally competent and
independent attorneys from handling the defense, otherwise the tempo of custodial investigation
will be solely in the hands of the accused who can impede, nay, obstruct the progress of the
interrogation by simply selecting a lawyer who, for one reason or another, is not available to protect
his interest
• Non-Independent Counsel
i. Special counsel
ii. Public or private prosecutor
iii. Counsel of the police
iv. A municipal attorney whose interest is admittedly adverse to that of the accused
v. Mayor
vi. Barangay captain
vii. Lawyer applying for a position in the NBI where it was NBI conducting the investigation

3. RIGHT TO BE INFORMED OF HIS RIGHTS

When the constitution requires a person under investigation to be informed of his rights, it must be
presumed to contemplate the transmission of a meaningful information rather than just the ceremonial
and perfunctory recitation of an abstract constitutional principle

3. Requisites of valid waiver

The rights of persons under custodial investigation cannot be waived except:
1. In writing, and
2. In the presence of counsel

EXRAJUDICIAL CONFESSION (RA 7438, Sec. 2)

Any extrajudicial confession made by a person arrested, detained, or under custodial investigation shall
1. Shall be in writing
2. Signed by such person in the presence of his counsel OR in the latter’s absence:
a. Upon a valid waiver
b. In the presence of any of the following as chosen by him
i. Parents
ii. Elder brothers and sisters
iii. Spouse
iv. Municipal mayor
v. Municipal judge
vi. District school supervisor
vii. Priest or minister of the gospel

REQUISITES
A confession to be admissible must be: (WAVES)
1. Made in Writing, and in the language known to and understood by the confessant
2. Made with the Assistance of competent and independent counsel
3. Given Voluntarily and intelligently where the accused realized the legal significance of his act
4. Express and categorical, and
5. Signed, or if the confessant does not know how to read and write, thumbmarked by him

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4. Exclusionary doctrine
Any confession or admission obtained in violation of this or Sec. 17 hereof shall be inadmissible in evidence
against him

ADMISSION CONFESSION
An act, declaration or omission of a party as to a A declaration of an accused acknowledging his guilt
relevant fact of the offense charged, or of any offense necessarily
included therein

• According to the exclusionary rule, once the primary source (the "tree") is shown to have been unlawfully
obtained, any secondary or derivative evidence (the "fruit") derived from it is also inadmissible. Stated
otherwise, illegally seized evidence is obtained as a direct result of the illegal act, whereas the "fruit of the
poisonous tree" is the indirect result of the same illegal act
• Infractions of the so-called Miranda rights render inadmissible only the extrajudicial confession or admission
made during custodial investigation. The admissibility of other evidence, provided they are relevant to
the issue and is not otherwise excluded by law or rules, is not affected even if obtained or taken in the
course of custodial investigation
• Exclusionary rule is applicable to aliens – The fact that all accused are foreign nationals does not preclude
application of the "exclusionary rule" because the constitutional guarantees are given and extend to all
persons, both aliens and citizens

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N. RIGHTS OF THE ACCUSED
Rights of the Accused
1. Criminal due process
-

general 4)
2. Bail '

arrest
y (2)
3. Presumption of innocence
G)
y arraignment
4. Right to be heard
5. Assistance of counsel
6. Right to be informed of the nature and cause of accusation

(4)
7. Right to speedy, impartial and public trial
8. Right to confrontation
9. Compulsory process
10. Trials in absentia
} trial

1. Criminal Due Process

Due Process in Criminal Proceedings
(1) Accused has been heard in a court of competent jurisdiction
(2) Accused is proceeded against under the orderly processes of law
(3) Accused has been given notice and the opportunity to be heard
(4) Judgment was within the authority of constitutional law
This simply means that the procedures established by law for criminal prosecution are followed.

NOTES:
• In criminal proceedings, due process is satisfied if the accused is informed as to why he is proceeded
against and what charge he has to meet, with his conviction being made to rest on evidence that is
not tainted with falsity after full opportunity for him to rebut it and the sentence being imposed in
accordance with a valid law. It is assumed that the court that rendered the decision is one of
competent jurisdiction.
• Another aspect of due process is the right to be tried by an impartial judge.
• Right to Appeal is not a natural right or part of due process. It is merely a statutory privilege, and
may be exercised only in the manner and in accordance with the provisions of law.
• A military commission or tribunal cannot try and exercise jurisdiction, even during the period of
martial law, over civilians for offenses allegedly committed by them as long as civil courts are open
and functioning.

2. Bail
Section 13
GR: All persons shall, before conviction, be bailable by sufficient sureties, or be released on recognizance
as may be provided by law.

EXP:
(1) Those charged with offenses punishable by reclusion perpetua, life imprisonment, and death,
when evidence of guilt is strong.
• To determine whether an offense is punishable by reclusion perpetua, what is
determinative is the penalty provided for by law, regardless of the attendant
circumstances.
• Strong evidence means “proof evident” or “presumption great.”
o Proof Evident → clear, strong evidence which leads a well-guarded dispassionate
judgment to the conclusion that the offense has been committed as charged, and
that the accused is the guilty agent.
o Presumption Great → when the circumstances testified to are such that the
inference of guilt naturally to be drawn therefrom is strong, clear and convincing
to an unbiased judgment.
(2) Persons who are members of the AFP facing a court martial

Bail → is the security given for the release of a person in custody of the law, furnished by him or a bondsman,
to guarantee his appearance before any court.
• Forms of Bail
o Corporate surety
o Property bond
o Cash deposit
o Recognizance
• Purpose of Bail
o To honor the presumption of innocence until his guilt is proven beyond reasonable doubt
o To enable him to prepare his defense without being subjected to punishment.

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Bail is either:
(1) A matter of right
• When the offense charged is punishable by any penalty lower than reclusion perpetua,
life imprisonment or death. To this extent, the right to bail is absolute.
o Before conviction by MTC
o After conviction by MTC
o Before conviction by RTC
(2) A matter of discretion
• After conviction by RTC of an offense punishable by any penalty lower than reclusion
perpetua, life imprisonment or death.
• When the offense charged is punishable by reclusion perpetua, it shall be denied if the
evidence of guilt is strong.
o Here, the discretion of the court is as to whether the evidence is strong or not.
o Once it is determined that the evidence of guilt is not strong, bail becomes a
matter of right.
o When bail is discretionary, the trial court must conduct bail hearings to determine
whether the evidence of guilt of the accused is strong. Prosecution has the burden
of proof.

NOTES:
• The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended.
• Excessive bail shall not be required.
• Bail cannot be posted before custody over him has been acquired by the judicial authorities either by
lawful arrest or voluntary surrender.
• A mere claim of illness is not a ground for bail. Bail is not a sick pass for an ailing or aged detainee or
prisoner needing medical care outside the prison facility.
• To fix bail at an amount equivalent to the civil liability of which petitioner is charged is to permit the
impression that the amount paid as bail is an exaction of the civil liability. Bail is not intended as a
punishment, nor as a satisfaction of civil liability.
• The option to deposit cash in lieu of a surety bond primarily belongs to the accused.
• The factors to be considered in setting the amount of bail: F3P3 CAWN
o Financial ability of the accused to give bail
o Forfeiture of other bail
o The accused was a fugitive from justice when arrested
o Probability of the accused appearing at the trial
o Penalty for the offense charged
o Pendency of other cases where the accused is on bail
o Character and reputation of the accused
o Age and health of the accused
o Weight of the evidence against the accused
o Nature and circumstances of the offense
• Recognizance → an obligation of record entered into before a court guaranteeing the appearance of
the accused for trial. It is in the nature of a contract between the surety and the state.
• If an appellant jumps bail, the CA or SC may, upon motion of the appellee or motu proprio, dismiss
the appeal of the appellant.
• GR: The right to bail is available only in criminal proceedings. They do not apply in deportation
proceedings, which are administrative in nature.
EXP:
o Deportation Proceedings and
▪ The court applies the general principles of international law found in UDHR.
o Extradition Proceedings
▪ Extradition proceeding, while ostensibly administrative, bears all earmarks of a
criminal process. A potential extradite may be subject to arrest, or prolonged
restraint of liberty.
▪ The standard used in granting bail in extradition cases is clear and convincing
evidence that:
• He is not a flight risk and
• There exists special, humanitarian and compelling reasons for him to be
released on bail.

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3. Presumption of Innocence
No person shall be convicted unless the prosecution has proved him guilty beyond reasonable doubt.

NOTES:
• This right is available only to an individual who is an accused in a criminal case. A corporate entity
has no personality to invoke the right.
• There is violation of the constitutional presumption of innocence when a person is disqualified to run
for public office on the ground that charges have been filed against him. This placed him in the same
category with a person already convicted. Accusation is not synonymous with guilt.
• The presumption of innocence is overturned only when the prosecution has discharged its burden of
proof in criminal cases that it has proven the guilt of the accused beyond reasonable doubt.
• The presumption of regularity in the performance of duty cannot overcome the stronger
presumption of innocence in favor of the accused. The
• The presumption continues pending appeal. Presumption of innocence persists even when there is
conviction by lower court, and the case is still on appeal.
• Equipoise Rule → where the evidence in a criminal case is evenly balanced, the constitutional
presumption of innocence tilts the scales in favor of the accused.

4. Right to Counsel
Duty of Court to Inform Accused of his Right to Counsel
(1) Inform the accused that he has the right to have his own counsel before being arraigned
(2) After giving such information, to ask accused whether he desires the aid of counsel
(3) If he so desires to procure the services of counsel, the court must grant him reasonable time to do so
(4) If he so desires to have counsel but is unable to employ one, the court must assign a counsel de officio to
defend him.

NOTES:
• The right of an accused person to be assisted by a member of the bar is immutable. Otherwise, there
would be a great denial of due process.
• The right to counsel is absolute and may be invoked at all times.
• While the right to be represented by counsel is absolute, the accused’s option to hire one of his own
choice is limited.
• Waiver → accused persons are perfectly entitled to waive their right to counsel and they may defend
themselves in person.

5. Right to be Informed of the Nature and Cause of Accusation

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

NOTES:
• If the information fails to allege the material elements of the offense, the accused cannot be convicted
thereof even if the prosecution is able to present evidence during the trial with respect to such
elements.
• Qualifying and aggravating circumstances must be alleged in the information.
• Date of the Commission of the Crime
o GR: It is unnecessary to state in the information the precise date that the offense was
committed.
o EXP: When it is an essential element of the offense.
• The date of commission is not an element of rape. The gravamen of rape is
carnal knowledge of a woman.
• This right is safeguarded thru the following procedural rules:
o Arraignment → this is the first opportunity to know the precise charge pressed against an
accused. During arraignment, the accused is informed of the reason of his indictment, the
specific charges he is bound to face, and the corresponding penalty that could be possibly
meted against him.
o Sufficient complaint or information → this would allow an accused to properly form a
theory and to prepare his defense. Factual allegations that constitute the offense are
substantial matters. Moreover, an accused’s right to question his conviction based on facts
not alleged in the information cannot be waived. The allegations in the information are vital
because they determine the real nature and cause of the accusation against an accused.

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6. Right to Speedy, Impartial, and Public Trial
Speedy Trial Impartial Trial Public Trial
Factors used in determining The accused is entitled to the The attendance at the trial is
whether the right to a speedy trial cold neutrality of an impartial open to all irrespective of their

OLARP
is violated:
(1) Length of the delay
judge. relationship to the accused.

8
(2) Reasons for the delay
(3) Assertion or non-
assertion of the right
NOTES:
• The judge must not only
be impartial, but also
EXP: If the evidence to be
adduced is offensive to decency
or public morals, the public may
by the accused appear to be impartial as be excluded.
0
(4) Prejudice caused to an added assurance that
the defendant the decision is just. PURPOSE: To serve as a
• When a judge has safeguard against any attempt to
NOTES: previously convicted a employ our courts as instruments
• The test of violation has person of a crime, he of prosecution. This is an
always been to begin should disqualify himself effective restraint on possible
counting the delay from from hearing another abuse of judicial power.
the time the information case involving the same
is filed, not before the person with a different NOTES:
filing. crime. • The right is not violated if
• Remedy if the right to the hearings are
speedy trial was violated: conducted on Saturdays,
(1) Move for the dismissal either with the consent of
of the case the accused or if he failed
(2) If detained, file a to object thereto.
petition for the
issuance of writ of
habeas corpus.
• The right to speedy trial is
considered violated only
when the proceeding is
attended by vexations,
capricious and oppressive
delays.
• A valid dismissal based on
the right to speedy trial
amounts to an acquittal
and can be used as basis to
claim double jeopardy.

7. Right to Confrontation
PURPOSE:
(1) To afford the accused an opportunity to cross-examine the witness
(2) To allow the judge the opportunity to observe the conduct or demeanor of the witness.

Exceptions to the right to face witnesses:

(1) Admissibility of dying declarations
(2) Trial in absentia
(3) With respect to child testimony

NOTES:
• Where a party has had the opportunity to cross-examine an opposing witness but failed to avail
himself of it, he necessarily forfeits the right to cross examine.
• It is demandable only during trials (which begins only upon arraignment). Thus, it cannot be availed
of during preliminary investigations.

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8. Right to Compulsory Processes
Compulsory process to secure:
(1) The attendance of witnesses
(2) The production of evidence in his behalf

Subpoena Ad Testificandum Subpoena Duces Tecum

A process directed to a person requiring him or her A process directed to a person requiring him or her
to attend and to testify at the hearing or the trial of to bring with him or her any books, documents, or
an action, or at any investigation conducted by other things under his or her control.
competent authority, or for the taking of his or her
deposition

NOTES:
• This right cannot be invoked on appeal if he made no effort during the trial to avail himself of it.
• Preliminary investigation is not too early a stage to stand guard against any significant erosion of the
constitutional right to due process. At this stage, the accused should not be denied access to evidence
favorable to him since preliminary investigation can result in arrest or deprivation of liberty.

9. Trial in Absentia
This simply means that the accused waives his right to meet the witnesses face-to-face. The trial may
proceed, despite the absence of the accused.

Requisites:
(1) The accused has been validly arraigned
(2) Accused has been duly notified of the trial
(3) His failure to appear is unjustifiable

NOTES:
• After arraignment, he may be compelled to appear for the purpose of identification by the witnesses
of the prosecution unless he unqualifiedly admits in open court after his arraignment that he is the
person named as the defendant in the case on trial.
• Judgment in Absentia
o While the accused is entitled to be present during promulgation of judgment, the absence of
his counsel during such promulgation does not affect its validity.
o The promulgation is valid provided the essential elements are present:
▪ That the judgment be recorded in the criminal docket and
▪ That a copy be served upon the accused or counsel. Recording the decision in the
criminal docket of the court satisfies the requirement of notifying the accused of the
decision wherever he may be.
• Presence of Accused is Required:
o Arraignment and plea
o During trial, for identification
o Promulgation of sentence
▪ Except in light offenses where accused need not personally appear.

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O. RIGHT TO SPEEDY TRIAL AND SPEEDY DISPOSITION OF CASES
Section 16
All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.

Right to Speedy Disposition of Cases

• is a relative term, and must necessarily be a flexible concept.
• free from vexatious, capricious and oppressive delays.

COVERAGE
1. All phases of the proceedings
2. Cases before judicial
3. Quasi-judicial
4. Administrative proceedings

Factors Considered (whether the right has been violated)

1. Length of delay
2. Reasons for the delay
3. Assertion or failure to assert such right
4. Prejudice caused by the delay

NOTES:
• Waiver → the person must invoke his or her constitutional right to speedy disposition of cases in a timely
manner and failure to do so even when he or she has already suffered or will suffer the consequences of delay
constitutes a valid waiver of that right.
• A case is deemed initiated upon the filing of a formal complaint prior to a preliminary investigation. Delays
beyond the reasonable periods for preliminary investigation set by the Ombudsman will be taken against the
prosecution.
• Determination of the length of delay is never mechanical. Courts must consider the entire context of the case,
from the amount of evidence to be weighed to the simplicity or complexity of the issues raised.

Speedy Trial Speedy Disposition of Cases

Only applies to the trial phase of criminal cases. Covers all phases of judicial, quasi-judicial, and
administrative proceedings.

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P. RIGHT AGAINST SELF-INCRIMINATION
Section 17
No person shall be compelled to be a witness against himself

When is a question incriminating?

A crime may contain 2 or more elements. A question would have a tendency to incriminate even if it tends to elicit
only one of said elements.

1. Extent of the Right

!!! What is prohibited is the use of physical or moral compulsion to extort communication from the
witness (TESTIMONIAL COMPULSION).
• Inclusion of his body in evidence, when material, is not covered. (OBJECT EVIDENCE)
• The right against self-incrimination does not apply in the following cases:
o A woman charged with adultery may be compelled to submit to physical examination to
determine her pregnancy
o An accused may be compelled to submit to physical examination (paraffin test) and to
have a substance taken from his body for medical determination as to whether he suffers
gonorrhea which was contracted by his victim
o To expel morphine from the defendant’s mouth
o To have the outline of the defendant’s foot traced to determine its identity with bloody
footprints
o To be photographed or measured
o To be compelled to wear a pair of pants or garments for size
NOTES:
• This covers submission of handwriting – because it is not a purely mechanical act, and it requires
application of intelligence and attention.
o HOWEVER, if the purpose of securing the signature was merely to authenticate the
envelopes as the one seized from him, there is purely mechanical act. This is not covered
by the provision.
• This covers compulsory production of private books and papers.
• Only natural persons are protected. A corporation may be compelled to submit to the visitorial
powers of the State.
• The right is not self-executing. It must be claimed. If not claimed by or in behalf of the witness,
the protection does not come into play. Thus, the right may be waived, expressly or impliedly.

When to raise the right against self-incrimination?

ACCUSED WITNESS (or DEFENDANT IN CIVIL CASE)
From the moment he is asked to testify Only when the incriminating question is asked.

Thus, it cannot give a witness the right to disregard a

subpoena, to decline to appear before the court, or to
refuse to testify altogether.

NOTE: The right against self-incrimination is available in any civil, criminal, or administrative proceeding.

2. Immunity Statutes
Immunity statutes seek a rational accommodation between the imperatives of an individual’s constitutional
right against self-incrimination, and the legitimate governmental interest in securing testimony.
• To secure testimony without exposing him to the risk of prosecution, the law recognizes that the
witness can be given immunity from prosecution.

Kinds of Immunity Statutes

(1) USE IMMUNITY → prohibits the use of witness’ compelled testimony and its fruits in any manner
in connection with the criminal prosecution of the witness
(2) TRANSACTIONAL IMMUNITY → grants immunity to the witness from prosecution for an offense
to which his compelled testimony relates.

Source of Immunity
• The power to grant immunity from prosecution is essentially a legislative prerogative.
• The authority to implement is lodged with the executive. The authority to choose the individual to
whom immunity would be granted is a constituent part of the process and is essentially an executive
function.
• It is the trial court that determines whether the prosecution’s preliminary assessment of the
accused-witness’ qualifications to be a state witness satisfied the procedural norms.

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

DOUBLE JEOPARDY
Two (2) Kinds
(3) When a person is put twice in jeopardy of punishment for the same offense
(4) When a law and an ordinance punish the same act

1. Requisites
(1) First jeopardy must have attached prior to the second.
When does jeopardy attach?
(a) Upon good indictment
(b) Before a court of competent jurisdiction
(c) After arraignment
(d) And such person enters a valid plea
(e) Accused has been acquitted, convicted or the case dismissed or terminated without his express
consent

Jeopardy does not attach in the following cases:

• Information does not charge any offense
• There is no valid plea
• Court has no jurisdiction
• If a complaint filed for preliminary investigation is dismissed
• Dismissal before accused were arraigned

(2) The first jeopardy must have terminated.

When does first jeopardy terminate?
(a) Acquittal
(b) Conviction
(c) Dismissal without the express consent of the accused
(d) Dismissal on the merits

Examples:
• Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal.
• Dismissal based on a demurrer to evidence. This is a dismissal on the merits.
• Dismissal based on failure to prosecute.
• Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation filed by the
accused.
• Discharge of an accused to be a state witness. This amounts to an acquittal.

NOTES:
• If the 1st dismissal was based on the merits, there should be no 2nd prosecution.
• If the 1st dismissal was not based on the merits, look at whether the dismissal was with the
consent of the accused. If not, there should be no 2nd prosecution.
• Verbal orders → if not yet reduced into writing and signed, it did not yet attain the effect of a
judgment of acquittal.
• Examples of Dismissals with consent of the accused:
o Motion to dismiss for lack of jurisdiction
o Motion to dismiss on the ground that the facts alleged did not constitute the offense.
o Consenting to provisional dismissal
▪ If a case is provisionally dismissed with express consent of the accused, the
case may be revived only within the periods provided in the Rules of Court
(either 1 year or 2 years).

(3) The second jeopardy must be for the same offense as that in the first.
What are considered to be the “SAME OFFENSE”?
Same Evidence Test – whether the evidence in one case will support a conviction in the other
(a) Exact identity between the offenses charged in the first and second cases.
(b) One offense is an attempt to commit or a frustration of the other offense.
(c) One offense is necessarily included or necessary includes the other.

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

SUPERVENING FACTS
This is an exception to the requirement of sameness of offense.
Where after prosecution, a new fact supervenes for which the defendant is responsible, which changes the
character of the offense, and together with the facts existing at the time, constitute a new and distinct offense,
there can be no double jeopardy.
(1) Graver offense developed due to supervening facts arising from the same act or omission
(2) The facts arose or discovered only after the filing of the former complaint
(3) Plea of guilty to lesser offense was made without consent of the fiscal

QUASI-OFFENSES
• Once convicted or acquitted of a specific act of reckless imprudence, the accused may not be
prosecuted again for that same act.
• The law penalizes the negligent act, not the result thereof. The gravity of the consequence is only
taken into account to determine the penalty.

Limitations
• Motion for Reconsideration → at any time before a judgment of conviction becomes final, the court
may, upon motion of the accused or at its own instance, but with the consent of the accused, grant a
new trial or reconsideration. A MNT/MR applies when the judgment is one of conviction.
• Appeals → any party may appeal from a judgment or final order, unless the accused will be placed
in double jeopardy.
o GR: Prosecution may not appeal an acquittal and an acquittal is immediately final.
o EXP: Prosecution may appeal an order of dismissal:
• If dismissal is on motion of the accused. Exception: If motion is based on
violation of the right to a speedy trial or on a demurrer to evidence.
• If dismissal does NOT amount to an acquittal or dismissal on the merits
• If the question to be passed upon is purely legal.
• If the dismissal violates the right of due process of the prosecution.
• If the dismissal was made with grave abuse of discretion.
o Effect of an Accused’s Appeal
▪ Waiver of right against double jeopardy
▪ Appellate court may place a penalty higher than that of the original conviction

R. RIGHT AGAINST INVOLUNTARY SERVITUDE

Section 18
No person shall be detained solely by reason of his political beliefs and aspirations.

No involuntary servitude in any form shall exist

except as a punishment for a crime whereof the party shall have been duly convicted.

INVOLUNTARY SERVITUDE → every condition of enforced or compulsory service of one to another no matter
under what form such servitude may be disguised.

EXCEPTIONS:
1. Punishment for a crime whereof one has been duly convicted
2. Personal military or civil service in the interest of national defense
3. Return to work order
4. Naval enlistment
5. Posse comitatus (in pursuit of persons who might have violated the law, the authorities might command all
male inhabitants of a certain age to assist them)
6. Patria potestas (unemancipated minors are obliged to obey their parents so long as they are under parental
power and to observe respect and reverence to them always)

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S. RIGHTS AGAINST EXCESSIVE FINES, AND CRUEL AND INHUMAN PUNISHMENTS
Section 19
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.

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.

When is a penalty cruel, degrading or inhuman?

When it is more than merely being harsh. It must be flagrantly and plainly oppressive, wholly disproportionate to
the nature of the offense as to shock the moral sense of the community.

Standards/Guide Used
1. Degrading to the dignity
2. Applied arbitrarily
3. Unacceptable to contemporary society
4. Excessive

EXCESSIVE FINE - A fine is excessive, when under any circumstance, it is disproportionate to the offense.

HEINOUS CRIMES – grievous, odious and hateful offenses and which, by reason of their inherent or manifest
wickedness, are repugnant and outrageous to the common standards of decency and morality in a just and civilized
society.

DEATH PENALTY – is not cruel and unusual, per se because it does not involve torture or a lingering death.
• RA 9346 prohibited the imposition of the death penalty. Only by an Act of Congress can it be reborn.

T. NON-IMPRISONMENT FOR DEBTS

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

DEBT – any liability to pay money arising from a contract, express or implied.
POLL TAX –it refers to cedula or residence tax

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

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

1. The fraudulent debt constitutes a crime such as estafa; and
2. The accused has been duly convicted.

POLL TAX
General Rule: Non-payment of taxes is punishable with imprisonment. (A tax is not a debt since it is an obligation
arising from law. Hence, its non-payment maybe validly punished with imprisonment.)
Exception: Failure to pay a poll tax

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U. EX-POST FACTO LAWS AND BILL OF ATTAINDERS
Section 22
No ex-post facto law or bill of attainder shall be enacted.

EX-POST FACT LAW is one which: MACAAD

(1) Makes an action (1) done before passing of the law or (2) which was innocent when done, criminal and
punished such action
(2) Aggravates a crime
(3) Changes the punishment and inflicts a greater punishment
(4) Alters the legal rules of evidence
(5) Assumes to regulate civil rights and remedies only but in effect imposes a penalty
(6) Deprives an accused of some lawful protection to which he has become entitled.

NOTES:
• The prohibition on ex post facto laws only applies to retrospective penal laws.
• When is a law penal?
o When it prescribes a criminal penalty imposable in a criminal trial.
o When it prescribes a burden equivalent to a criminal penalty, even if such burden is imposed in an
administrative proceeding. (e.g., disqualification from the practice of a profession)
• Instances when prohibition on ex post facto law is inapplicable:
o Extradition Treaty → neither criminal legislation nor a criminal procedural statute. It merely
provides for the extradition of persons wanted for prosecution of an offense.
o Probation Law → not penal in character.
o Change of court jurisdiction → not a penal law, but clearly a procedural statute.
o House Rental Law → not a penal statute. The mere fact that it contains penal provisions does not
make it so. At any rate, she is not being prosecuted under the said penal provisions.
o Preventive Suspension Pendente Lite → it is not a penalty because it is not imposed as a result of
judicial proceedings.

BILL OF ATTAINDER – a legislative act which inflicts punishment without judicial trial. Its essence is the substitution
of a legislative for a judicial determination of guilt.

BILL OF PAINS AND PENALTIES – if punishment is less than death

ELEMENTS OF BILL OF ATTAINDER:

(1) There must be a law
(2) The law imposes a penal burden on a (a) named individual or (b) easily ascertainable members of a group
(3) Penal burden is imposed directly by the law without judicial trial

V. WRITS OF HABEAS CORPUS, KALIKASAN, HABEAS DATA & AMPARO

HABEAS CORPUS KALIKASAN HABEAS DATA AMPARO
A writ directed to the A remedy available to a A remedy available to any A remedy available to any
person detaining another, natural or juridical person, person whose right to person whose right to life,
commanding him to entity authorized by law, privacy in life, liberty, or liberty and security is
produce the body of the people’s organization, security is violated or violated or threatened
prisoner at a designated NGO, or any accredited threatened by an unlawful with violation by an
time and place, with the public interest group, on act or omission of a public unlawful act or omission
day and cause of his behalf of persons whose official or employee, or of of a public official or
caption and detention, to constitutional right to a a private individual or employee, or of a private
do, submit to, and receive balanced and healthful entity engaged in the individual or entity.
whatever the court or ecology is violated or gathering, collecting, or
judge awarding the writ threatened with violation storing of data or
shall consider in the by an unlawful act or information regarding the
behalf. omission, involving person, family, home and
environmental damage of correspondence of the
The writ shall extend to all such magnitude as to aggrieved party.
cases of illegal confined or prejudice the life, health or
detention by which any property of inhabitants in
person is deprived of his 2 or more cities or
liberty, or by which the provinces.
rightful custody of any
person is withheld from
the person entitled
thereto.

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 HABEAS CORPUS KALIKASAN HABEAS DATA AMPARO
The purpose it to inquire If sufficient in form and Habeas data, like the writ The writ of amparo does
into all manner of substance, the writ shall of amparo, was conceived not cover threats to
involuntary restraint and direct the respondent: as a response to address property (e.g., intrusion
to relieve a person 1. To permanently the extraordinary rise in into their farm was merely
therefrom if such restraint cease and desist the number of killings and a violation of property
is illegal. from committing enforced disappearances. rights).
acts or neglecting Its intent is to address
the performance violations of, or threats to
of a duty in the rights to life, liberty, or
violation of security as a remedy
environmental independently from those
laws provided under the Rules.
2. Protect, preserve,
rehabilitate or
restore the
environment
3. Monito strict
compliance with
the decision and
orders of the court
4. Make periodic
reports on the
execution of the
final judgment
5. Other reliefs
which relate to the
right of the people
to a balanced and
healthful ecology

Filed before: Filed before:

1. SC or its members 1. SC
2. CA or its members 2. CA
3. RTC

NOTES:
• Remedy becomes
moot when the
restraint becomes
legal
• Writ shall not be
allowed if it
appears that the
person alleged to
be restrained is in
the custody of an
officer under
process issued by
a court or judge.
• The return of the
writ may be heard
by a court apart
from that which
issued the writ.
• The President may
suspend the
privilege of the
writ of habeas
corpus for a period
not exceeding 60
days. The grounds
are actual invasion
or actual rebellion
and when public
safety requires it.
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 VIII. CITIZENSHIP
Citizenship → personal and more or less permanent membership in a political community. It denotes possession
of full civil and political rights subject to special disqualifications. Reciprocally, it imposes the duty of allegiance to
the political community.

A. WHO ARE FILIPINO CITIZENS

1. Thos who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2. Those whose fathers or mothers are citizens of the Philippines
➔ This is how the principle of jus sanguinis is applied. If a child is born and either his father or mother is a
Filipino citizen at the time the child is born, the child is a Filipino citizen no matter where he may be born.
➔ Illegitimate Child
o Of a Filipina mother → Filipino
o Of a Foreign mother → Filipino, if the Filipino-father is known. If unknown, the illegitimate child
will follow the citizenship of the mother.

3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the
age of majority
➔ The election must be made within a reasonable period after reaching the age of majority, i.e., within 3
years from reaching the age of majority.
4. Those who are naturalized in accordance with law.

KINDS OF CITIZENSHIP
Natural Born Citizens Naturalized Citizens
1. Those who are citizens of the Philippines from Foreigners adopted into the political body of a nation
birth without having to perform any act to and clothed with the privileges of a citizen.
acquire or perfect their Philippine citizenship.
2. Those born before January 17, 1973 of Filipino
mothers who elect Philippine citizenship upon
reaching the age of majority
3. Those who were repatriated and were
originally natural born citizens.

Foundlings
As a matter of law, foundlings are as a class,
natural-born citizens.

Under international law,

• A foundling is presumed to have the
nationality of the country of birth.
• A foundling is presumed born of citizens of
the country where he is found.

NOTE: The law cannot treat natural born citizens and those who were naturalized differently except in the
instances where the Constitution itself makes a distinction. Otherwise, there would be a violation of the equal
protection clause.

Under the Constitution, the following must be natural-born citizens:

1. President
2. Vice President
3. Members of Congress
4. Justices of SC and lower collegiate courts
5. Ombudsman and his deputies
6. Members of Constitutional Commissions
a. CSC
b. Comelec
c. COA
d. Central Bank
e. CHR

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B. MODES OF ACQUIRING CITIZENSHIP
Jus Sanguinis Jus Soli Naturalization
Acquisition of citizenship on the Acquisition of citizenship on the The legal act of adopting an alien
basis of blood relationship. basis of place of birth. and clothing him with the privilege
of a native born-citizen.

3 Modes of Naturalization
1. Administrative naturalization (RA 9139 – Administrative Naturalization Law)
a. This applies to native-born aliens who lived here in the Philippines all their lives, who never saw any
other country and all along thought that they were Filipinos who have demonstrated love and loyalty
to the Philippines.

b. Qualifications
i. BIRTHPLACE → Born in the Philippines and residing therein since birth
ii. AGE → Not less than 18 years old at the time of filing of petition
iii. GOOD MORAL CHARACTER → Of good moral character, believes in the principles
underlying the Philippine Constitution, conducted himself in a proper and irreproachable
manner during the entire period of his residence
iv. EDUCATION → Must have received primary and secondary education in any public school or
private educational institution duly recognized by DepEd where Philippine history,
government, and civics are taught
v. BUSINESS OR OCCUPATION → Must have a known trade, business, profession or lawful
occupation, from which he/she derives income sufficient for his/her support
vi. LANGUAGE → Able to read, write and speak Filipino or any of the dialects
vii. MINGLING → Must have mingled with the Filipinos and evinced a sincere desire to learn and
embrace the customs, traditions and ideals of the Filipino people

c. Effect of Administrative Naturalization

i. FATHER is naturalized
1. Alien lawful wife
2. Minor children
may file a petition for cancellation of their alien certificates of registration with the
Special Committee on Naturalization.
ii. MOTHER is naturalized
1. Alien lawful husband is not benefitted
2. Minor children may file petition for cancellation of their alien certificate.

2. Judicial naturalization (CA 473 – Revised Naturalization Law)

a. This applied to all aliens regardless of class

b. Qualifications
i. AGE → Not less than 21 years old on the day of the hearing of the petition
ii. RESIDENCE →
1. GR: Resided in the Philippines for a continuous period of 10 years or more
2. EXP: In the following cases, 5 years is only required:
a. Held office under the Government of the Philippines
b. Established a new industry or introduced a useful invention
c. Married to a Filipina
d. Engaged as a teacher in the Philippines in a public or recognized private
school
e. Born in the Philippines
iii. GOOD MORAL CHARACTER → Of good moral character, believes in the principles
underlying the Philippine Constitution, conducted himself in a proper and irreproachable
manner during the entire period of his residence
iv. REAL PROPERTY OR LUCRATIVE BUSINESS →Must own real estate in the Philippines
worth P5,000 or must have lucrative trade, profession or lawful occupation
v. LANGUAGE → Able to speak or write English or Spanish or anyone of the principal languages
vi. EDUCATION OF CHILDREN → Enrolled his minor children of school age in any of the
recognized schools where Philippine history, government and civics are taught or prescribed

c. Effects of Judicial Naturalization

i. The legitimate minor children of the naturalized father become Filipinos as well. [automatic]
ii. The wife also becomes a Filipino citizen, provided that she does not have any disqualification
which would bar her from being naturalized. [not automatic]

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 d. A naturalization proceeding not being a judicial adversary proceeding, the decision rendered therein
is not res judicata as to any of the reasons or matters which would support a judgment cancelling
the certificate of naturalization for illegal or fraudulent procurement.
i. When does res judicata apply? It applies only when the following concur:
1. A person’s citizenship must be raised as a material issue in a controversy where said
person is a party
2. The SolGen or his authorized representative took active part in the resolution thereof.

3. Legislative naturalization in the for of a law enacted by Congress granting Philippine citizenship to
an alien

DOCTRINE OF INDELIBLE ALLEGIANCE

The doctrine that an individual may be compelled to retain his original nationality notwithstanding that he has
already renounced or forfeited it under the laws of the 2nd state whose nationality he has acquired.

C. LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizenship
MMM of the Philippines who marry aliens shall retain their citizenship, unless by their act or
omission, they are deemed, under the law, to have renounced it.

Losing Citizenship Reacquiring Citizenship

1. Naturalization in a foreign country 1. Repatriation
2. Express renunciation or expatriation 2. Naturalization
3. Taking an oath of allegiance to another country 3. Legislative Act
upon reaching the age of majority
4. Accepting a commission and serving in the
armed forces of another country, unless there
is an offensive/defensive pact with the country
or it maintains armed forces in RP with RP’s
consent.
5. Denaturalization
6. Being found by final judgment to be a deserter
of the AFP

REPATRIATION
Repatriation results in the recovery of the original nationality. This means that a naturalized Filipino who lost his
citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand, if he was originally
a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a natural-
born Filipino.
• Repatriation is not a matter of right, but it is a privilege granted by the State. The State has the power to
prescribe by law the qualifications, procedure, and requirements for repatriation.
• How effected?
o Taking an oath of allegiance to the Republic of the Philippines and
o Registering said oath in the Local Civil Registry of the place where the person concerned resides or
last resided.
• Who may be repatriated?
o Filippino women who have lost their Philippine citizenship by marriage to aliens
o Natural -born Filipinos who have lost their Philippine citizenship, including their minor children, on
account of political or economic necessity
• Who cannot be repatriated?
o Person opposed to organized government or affiliated with any association or group of persons who
uphold and teach doctrines opposing organized government
o Person defending or teaching the necessity or propriety of violence, personal assault, or association
for the predominance of their ideas
o Person convicted of crimes involving moral turpitude
o Person suffering from mental alienation or incurable contagious diseases
• When effective?
o The effective date of repatriation is the date of application for repatriation, not the date when
repatriation was approved.
• NOTE: The domicile is not established strictly from the time that a person was repatriated. Other evidence
may be admitted to determine the time that domicile is established.

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REPATRIATION UNDER RA 9225

Reacquisition Retention
Citizens who lost their citizenship by reason of their Natural-born Filipinos who became foreign citizens
naturalization as citizens of a foreign country are after RA 9225 took effect, shall retain their Philippine
deemed to have reacquired their Philippine citizenship upon taking the same oath.
citizenship upon taking the oath of allegiance. The
reacquisition works to restore natural-born status as
through it was never lost at all.

Derivative Citizenship
Children , who are
1. Unmarried
2. Legitimate or illegitimate, or adopted
3. Below 18 years old,
of those who re-acquire Philippine citizenship upon effectivity of RA 9225 shall be deemed citizens of the Philippines.

Denaturalization
1. Naturalization certificate is obtained fraudulently or illegally
2. Within 5 years, he returns to his native country and establishes residence there
3. Invalid declaration of intention
4. Minor children failed to graduate thru the fault of the parents
5. Allowed himself to be used as a dummy

Effects of Denaturalization
• If it affects the intrinsic validity of the proceedings, the wife and children are also denaturalized.
• Otherwise, they retain Philippine citizenship.

D. DUAL CITIZENSHIP AND DUAL ALLEGIANCE

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

DUAL CITIZENSHIP DUAL ALLEGIANCE

This arises when, as a result of the concurrent This refers to the situation in which a person
application of the different laws of 2 or more states, a simultaneously owes, by some positive act, loyalty to 2
person is simultaneously considered a national by the or more states.
said states.
e.g., aliens who are naturalized as Filipinos but remain
loyal to their country of origin, or public officers who,
while serving the government, seek citizenship in
another country.

NOTES:
• While dual citizenship is involuntary, dual allegiance is the result of an individual’s volition.
• RA 9225 requires that those who acquired dual citizenship must specifically renounce foreign citizenship
upon filing of certificate of candidacy.
o The continued use of foreign passport render the renunciation of foreign citizenship nugatory. The
renunciation of foreign citizenship must be complete and unequivocal.

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 IX. LAW ON PUBLIC OFFICERS

A. GENERAL PRINCIPLES
LAW ON PUBLIC OFFICERS
This branch of law deals with public office, its creation, modification, and dissolution, as well as the eligibility of
public officers, the manner of their election or appointment and assumption of office, their rights, duties, powers,
inhibitions, and liabilities and the modes of terminating their official relations

PUBLIC OFFICE
The right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or
enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign
functions of the government, to be exercised by him for the benefit of the public

Public officer refers to either two concepts

FUNCTIONAL UNIT OF GOVERNMENT POSITION
Within the framework of government organization, Held by an individual whose functions are defined by
and refers to any major functional unit of a law or regulation
department or bureau including regional office

ELEMENTS OF PUBLIC OFFICE

1. Created by law or by authority of law
2. Possesses a delegation of portion of sovereign powers of government, for benefit of the public
3. Powers conferred and duties imposed defined by Constitution, legislature, or by its authority
4. Duties performed independently and only controlled by law unless placed under general control of superior
office or body
5. Permanent or continuous

ESSENTIAL CHARACTERISTICS OF “PUBLIC OFFICE”

1. Authority conferred by law
2. Fixed tenure of office
3. Power to exercise some of the sovereign functions of the government
4. Key element of such test is that “officer is carrying out a sovereign function”
5. Essential elements to establish public position as “public office”
a. Position must be created by Constitution, legislature, or through authority conferred by legislature
b. Portion of sovereign power of the government must be delegated to position
c. Duties and powers must be defined, directly or impliedly, by legislative or through legislative authority
d. Duties must be performed independently without control of superior power other than law, and
e. Position must have some permanency

PUBLIC OFFICE NOT A PROPERTY RIGHT

It is not a property right but a protected right. It cannot be taken from its incumbent without due process. It is
property in the broad sense since the right to hold office includes everything of pecuniary value to its possessor.
The right to public office is protected by the right to security of tenure, which is guaranteed by the Constitution. A
public office is personal to the public officer and is not transmissible to his heirs upon his death. No heir may be
allowed to continue holding his office in his place

HOW CREATED
1. By the Constitution (e.g., Office of the President)
2. By valid statutory enactments (e.g., Office of the Insurance Commissioner)
3. By authority of the law (e.g., the Davide Commission)

PUBLIC OFFICER V. EMPLOYEE

PUBLIC OFFICER EMPLOYEE
A person whose duties, not being clerical in nature, A person in the service of government or any of its
involves the exercise of discretion in the performance of agencies, divisions, subdivisions, or instrumentalities
the functions of the government when used with (1987 Administrative Code)
reference to a person having authority to do a particular
act or perform a particular function in the exercise of
government power, officer includes any government
employee, agent, or body having authority to do so the
act or exercise that function (1987 Administrative Code)

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CLASSIFICATIONS OF PUBLIC OFFICER
1. Constitutional or statutory
2. National or local
3. Legislative, executive, or judicial
4. Lucrative or honorary
5. Discretionary or ministerial
6. Appointive or elective
7. Civil or military
8. De jure or de facto

B. KINDS OF APPOINTMENT
APPOINTMENT DESIGNATION ELECTION COMMISSION
The act of designation by The mere imposition of The act of selecting or It is the written evidence
the executive officer, new or additional duties choosing a person by of appointment
board, or body to whom upon an officer to be popular vote to occupy
that power has been performed by him in a the office
delegated, of the special manner. It
individual who is to presupposes that the
exercise the powers and officer is already in the
functions of a given office. service by virtue of an
It is to be distinguished earlier appointment,
from the selection or performing other
designation by a popular functions
vote

APPOINTMENT V. DESIGNATION
APPOINTMENT DESIGNATION
AS TO NATURE
Executive, irrevocable Legislative, revocable
AS TO EFFECT
Selection of an individual Mere imposition by law
who is to exercise the of additional duties on an
functions of a given office incumbent official
Results in security of Does not result in
tenure when completed security of tenure
Can be subject of a Cannot be subject of a
protest before the CSC protest before the CSC
AS TO EFFECTIVITY
Connoted permanency Implies temporariness
.

NATURE OF APPOINTMENT
It is essentially a discretionary power and cannot be delegated, it must be performed by the officer upon whom
it is vested according to his best lights, the only condition being that the appointee should possess the qualifications
required by law. If he does, then the appointment cannot be faulted on the ground that there are others better
qualified who should have been preferred

REQUISITES FOR A VALID APPOINTMENT

1. Position is vacant
2. The appointing authority must be vested with the power to appoint at the time appointment is made
3. The appointee should possess all the qualifications including appropriate civil service eligibility and none
of the disqualifications
4. The appointee accepts the appointment by taking the oath and entering into discharge of duty
Acceptance may be express when it is done verbally or in writing. Acceptance is implied when, without
formal acceptance, the appointee enters upon the exercise of the duties and functions of an office

GENERAL RULE: Acceptance of appointment is not necessary for the completion or validity of
appointment
EXCEPTION: Acceptance is necessary to possession of office, and to enable appointees to the
enjoyment and responsibility of an office

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 REGULAR APPOINTMENT AD-INTERIM APPOINTMENT TEMPORARY/ACTING APPOINTMENT
STEPS Appointments that are made while Those which last until a
1. Nomination by President Congress is not in session or permanent appointment is issued
2. Confirmation by during its recess, whether such
Commission on recess is voluntary (before The Commission on Appointments
Appointments adjournment) or compulsory cannot confirm their appointments
(when Congress adjourns) because confirmation presupposes
In case of Presidential a valid nomination or ad-interim
appointments, this The appointment shall cease to be appointment. Thus, the appointee
confirmation applies only to effective upon rejection by the COA, has no personality to bring a quo
i. Heads of Executive or if not acted upon, at the warranto proceeding because he is
Departments adjournment of the next session of not entitled to office
ii. Ambassadors Congress, whether regular or
iii. Public Ministers and special
Consuls
iv. Officers of AFP from STEPS STEPS
the rank of Colonel 1. Appointment by the 1. Appointment by the
or Naval Captain appointing authority appointing authority
v. Officers whose 2. Issuance of the commission 2. Issuance of the commission
appointment are 3. Acceptance by the 3. Acceptance by the
vested in him by the appointee appointee
Constitution (JBC, 4. Confirmation by the CA
CSC, COMELEC, COA,
Regional
Consultative
Commission)

3. Issuance of the commission

or the written authority
from a competent source
given to the officer as his
warrant for the exercise of
the powers and duties of the
office to which he is
commissioned
4. Acceptance by the
appointee
5. Oath and assumption

ABSOLUTE APPOINTMENT V. CONFIRMATION REQUIRED

Where the power of appointment is absolute, and the appointee has been determined upon, no further consent or
approval is necessary, and the formal evidence of the appointment, the commission, may issue at once. However,
where the assent or confirmation of some other officer or body is required, the commission can issue, or the
appointment may be complete only when such assent or confirmation is obtained. In either case, the appointment
becomes complete when the last act required of the appointing power is performed. Until the process is
completed, the appointee can claim no vested right in the office nor invoke security of tenure

KINDS OF APPOINTMENT UNDER THE CIVIL SERVICE

1. Permanent appointments – issued to a person who meets all the requirements for the position to which he
is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of the
laws, rules, and standards promulgated in pursuance thereto

2. Temporary appointments – issued in the absence of any eligibles, when necessary to public interest, in
order to fill a vacancy with a person who meets all the requirements for the position to which he/she is being
appointed, except the appropriate civil service eligibility
i. Temporary appointments shall not exceed 12 months
ii. The appointee may be replaced sooner if a qualified civil service eligible becomes available
iii. Where a temporary appointee acquires civil service eligibility during his tenure as such, his
temporary appointment does not automatically become permanent. What is required is a new
appointment
iv. Temporary appointment given to a non-civil service eligible is without definite tenure and is
dependent upon the pleasure of the appointing power

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 POWER OF PRESIDENT TO MAKE TEMPORARY APPOINTMENT
The President may temporarily designate an officer already in the government service or any other
competent person to perform the functions of an office in the executive branch, appointment to which
is vested in him by law, when:
i. The officer regularly appointed to the office is unable to perform his duties by reason of
illness, absence, or any other cause, or
ii. there exists a vacancy

INSTANCES OF TEMPORARY APPOINTMENT

i. Appointee does not possess civil service eligibility
ii. Appointment by the President in an executive office during the absence or incapacity of the
incumbent
iii. Designation as officer in charge
iv. Appointment held at the pleasure of the appointing power

3. Regular Appointment – made by the President while Congress is in session and becomes effective after the
nomination is confirmed by the Commission on Appointments
TEMPORARY
4. Provisional Appointment – A person who has not qualified in an appropriate examination but who
otherwise meets the requirements for appointment to a regular position in the competitive service,
whenever a vacancy occurs, and the filling thereof is necessary in the interest of the service and there is no
appropriate register of eligibles at the time of appointment

5. Ad Interim Appointment – it is made while Congress is not in session, before confirmation by the CA; it is
immediately effective, and ceases to be valid if disapproved or by-passed by the CA or until the next
adjournment of the Congress

6. Midnight Appointment – made by the President or acting president within 2 months immediately before
the next presidential elections and up to the end of his term, whether or not it is confirmed by the
Commission

OFFICERS THAT THE PRESIDENT SHALL APPOINT

1. Heads of executive departments
2. Ambassadors
3. Other public ministers and consuls
4. Officers of the armed forces from the rank of colonel or naval captain
5. Other officers whose appointment are vested in him in the Constitution
a. Regular members of the JBC
b. The Chairman and Commissioners of the CSC
c. The Chairman and Commissioners of the COMELEC
d. The Chairman and Commissioners of the Commission on Audit
e. Members of the Regional Consultative Commission
6. Officers whose appointments are not otherwise provided for by law
7. Officers whom the president may be authorized by law to appoint
8. Officers lower in rank whose appointments the Congress, by law, vested in the President

CONSTITUTIONAL LIMITATIONS ON THE PRESIDENTIAL POWER TO APPOINT

1. Nepotism
2. Midnight appointments
3. Those relating to an Acting President (Sections 13, 14 and 15 of Art. VII)

The constitutional limitations refer to appointments in the executive and not the judicial branch of government

NEPOTISM
Since a public office is a public trust, created for the benefit and in the interest of the people, appointments thereto
should be based solely on merit and fitness uninfluenced by any personal or filial consideration
1. The Constitution prohibits the president from appointing his close relatives (within the 4th civil degree
by consanguinity or affinity to the president or his spouse) to high positions in government during his
tenure. No relative of the President, within the 4th civil degree, shall be appointed to/as:
a. Constitutional Commission
b. OMB
c. Secretary of a department
d. Undersecretary of a department
e. Chairman or Head of Bureaus of Offices
f. Any GOCC
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 g. Any GOCC subsidiary

2. Under the Civil Service Decree, all appointments in the national, provincial, city, and municipal governments
or in any branch or instrumentality, including GOCCs, made in favor of the appointing or recommending
authority, or of the chief of the bureau of the office, or of persons exercising supervision over him, are
prohibited. As used in the Civil Service Law, the term “relative” and members of the family referred to those
within the 3rd degree of consanguinity or affinity

EXCEPTIONS
1. Persons employed in confidential capacity
2. Teachers
3. Physicians
4. Members of AFP

NOTE:
• The restriction shall not be applicable to any member who, after his appointment to any position in an office
or bureau, contracts marriage with someone in the same office or bureau. In this event, the employment
or retention therein of both husband and wife may be allowed

• The mere issuance of appointment in favor of a relative within the 3rd degree of consanguinity or affinity
is sufficient to constitute nepotism. Also, even if the case is falsification of public documents, the
requirement of disclosure of relationship to the appointing power in the local government units simply
aims to ensure strict enforcement of the prohibition against nepotism

• The rule on nepotism also applies to designations made in favor of a relative of the authority making a
designation. A designation accomplishes the same purpose as appointment

REVOCABILITY OF APPOINTMENT
GENERAL RULE: Appointment to an office once made and completed, is not subject to reconsideration or
revocation because revocation after a complete appointment is tantamount to removal

EXCEPTION: Where the appointment is temporary

VACANCY
There is a vacancy when an office is empty and without a legally qualified incumbent appointed or elected to it
with a lawful right to exercise its powers and perform its duties. There can be no appointment to a non-vacant
position

CAUSES (I-RACED-DAR2C)
1. Impeachment
2. Removal from office or resignation of the incumbent
3. Abandonment
4. Conviction of a crime
5. Expiration of term
6. Death
7. Permanent disability
8. Acceptance of incompatible office
9. Reaching the age limit
10. Recall
11. Creation of a new profile

For appointments not needing confirmation, removal may be by President or officer designated by law
If the appointment is permanent, removal is allowed only for cause

PRINCIPLES OF VACANCY
1. A person no matter how qualified cannot be appointed to an office which is not vacant
2. One who is legally dismissed from office is, by fiction of law, deemed not to have vacated his office

ELIGIBILITY AND REQUIREMENTS

ELIGIBILITY ELIGIBLE
State of being legally fit to be chosen Under the Admin Code, it is used to refer to a person
who obtains a passing grade in a civil service
examination and whose name is entered in the register
of eligibles from which appointments must be made

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NATURE OF RIGHT TO HOLD PUBLIC OFFICE
The right to hold public office is not a natural right. It exists only because and by virtue of some law expressly or
impliedly creating and conferring it. The qualifications which relate to an office must be complied with by persons
seeking that office

QUALIFICATION
Acts which a person is required to do before entering upon position. Means two things:
WHEN USED IN THE SENSE OF ENDOWMENTS, WHEN REFERRING TO ACT OF ENTERING INTO
QUALITIES, OR ATTRIBUTES PERFORMANCE OF THE FUNCTIONS OF A PUBLIC OFFICE
The individual must possess the qualifications at the Failure of an officer to perform an act required by law
time of appointment or election and continuously for could affect the officer’s title to the office
as long as the official relationship continues

• Property qualifications may not be imposed for • Prolonged failure or refusal to take the office
the exercise of the right to run for public office could result in forfeiture of office
• Loss of any of the qualifications during • An oath of office taken before one who has no
incumbency will be a ground for termination authority to administer oath is no oath at all
• Once proclaimed and duly sworn in office, a
public officer is entitled to assume office and to
exercise the functions thereof. The pendency of
an election protest is not sufficient basis to
enjoin him from assuming office

FORMAL QUALIFICATIONS (CAP CARES)

1. Citizenship
2. Age
3. Political affiliation
4. Civil service examination
5. Ability to read and write
6. Residence
7. Education
8. Suffrage

NOTE:
• Only accountable public officers or those who are entrusted with the collection and custody of public
money, and public ministerial officers whose actions may affect the rights and interests of individuals are
required to give an official bond

• Improper notarization is not among the grounds for disqualification as stated under the OEC and LGC.
Apart from the qualifications provided for in the Constitution, the power to prescribe additional
qualifications for elective office and grounds for disqualification therefrom, consistent with the
constitutional provisions, is vested in Congress

• An officer who misrepresented his or her qualification, e.g., educational attainment and eligibility for
government service, is guilty of plain and simple dishonesty as it refers to the act of intentionally making
a false statement on any material fact in securing one’s appointment

• All public officers and employees shall take an oath or affirmation to uphold and defend the Constitution
(Constitution, Art. IX-B, § 4)

LIMITS ON LEGISLATURE’S POWER TO PRESCRIBE QUALIFICATIONS

1. The legislature may not reduce or increase the qualifications prescribed in an exclusive manner by the
Constitution
2. The legislature may prescribe only general qualifications
3. The qualifications must be relevant to the office for which they are prescribed

Where a person is prohibited from holding 2 offices at the same time, his appointment or election to a second office
may operate to vacate the first or he may be ineligible for the second

A person who accepts and qualifies for a second and incompatible office is deemed to vacate, or by implication,
to resign from the first office. The same rule obtains where the holding of more than one position is prohibited by
constitutional or statutory provision although the second position is not incompatible with the first. In the absence
of constitutional inhibition, Congress has the same right to provide disqualifications that it has to provide
qualifications for office

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C. DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS
DISQUALIFICATION
It is the presence of circumstances and qualities which makes an individual ineligible from holding a public office.
Lack of disqualifications is itself a qualification

DISQUALIFICATIONS (IM RIPE C2ORN LG)

1. Mental or physical incapacity
2. Misconduct or crime
3. Removal or suspension from office
4. Impeachment
5. Previous tenure of office
6. Being an elective official
7. Consecutive terms
8. Having been a candidate for any elective position
9. Holding more than one office
10. Relationship with the appointing power
11. Office newly created or the emoluments of which have been increased
12. Grounds under the Local Government Code

GENERAL RULE: Appointive and elective officials cannot hold multiple employment or office during their
tenure
EXCEPTION: Appointive officials may hold other office when allowed by law or by the primary functions
of their positions (Sec. 7, Art. IX-B)

EXCEPTION TO HOLDING MULTIPLE OFFICES

1. Those provided for under the Constitution, such as
a. President as head of NEDA
b. VP may be appointed as Cabinet Member
c. VP as Acting President
d. In and ex-officio capacity

2. Posts occupied by Executive officials specified in Sec. 13, Art, VII without additional compensation in ex-
officio capacities as provided by law and as required by the primary functions of the officials’ officers

DISQUALIFICATIONS UNDER THE CONSTITUTION

GENERAL DISQUALIFICATIONS SPECIAL DISQUALIFICATIONS
1. No candidate who lost in an election shall, 1. The President, Vice-president, the Members
within 1 year after such election, be appointed of the Cabinet, and their deputies or
to any office in Government assistants shall not, unless otherwise provided
2. No elective official shall be eligible for in the Constitution, hold any other office or
appointment or designation in any capacity to employment during their tenure
any public office or position during his tenure 2. No Senator or Member of the House of
3. Unless otherwise provided by law or by the Representatives may hold any other office or
primary functions of his position, no appointive employment in the Government, or any
official shall hold any other position in subdivision, agency, or instrumentality thereof,
Government including government-owned or controlled
corporations or their subsidiaries, during his
term, without forfeiting his seat. Neither shall
he be appointed to any office which may have
been created or the emoluments thereof
increase during the term for which he was
elected
3. The Members of the Supreme Court and of
other courts established by law shall not be
designated to any agency performing quasi-
judicial or administrative functions
4. No Member of a Constitutional Commission
shall, during his tenure, hold any other office or
employment. The same disqualification applies
to the Ombudsman and his deputies
5. The Ombudsman and his Deputies shall not
be qualified to run for any office in the election

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 immediately succeeding their cessation from
office
6. Members of Constitutional Commissions, the
Ombudsman and his deputies must not have
been candidates for any elective position in
the elections immediately preceding their
appointment
7. Members of the Constitutional Commissions,
the Ombudsman and his deputies are appointed
to a term of 7 years without reappointment
8. The spouse and relatives by consanguinity or
affinity within the 4th civil degree of the
President shall not during his tenure be
appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman,
or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including
government-owned or controlled corporations

SPOILS SYSTEM AND POLITICAL LAME DUCKS

SPOILS SYSTEMS POLITICAL LAME DUCKS
No elective official shall be eligible for appointment or No candidate who has lost in any election shall, within
designation in any capacity to any public office or 1 year after such election, be appointed to any office in
position during his tenure the Government of any government-owned or
controlled corporations or in any of its subsidiaries
The disqualification subsists only during the tenure in
office of the elective official. He may be appointed EXCEPTION: Except for losing candidates in barangay
provided he forfeits his seat elections

Examples of exceptions: Members of the Civil Service shall not have been
1. The Vice President may be appointed as a candidates for any elective position in the elections
Cabinet member immediately preceding their appointment
2. A Congressman may sit in the JBC
3. To be eligible to hold any other office, the
elected official must first resign from his office

DIVESTMENT
When a public official is in a conflict-of-interest situation, such official must resign from his position in any private
business enterprise within 30 days from his assumption of office and/or divest himself of his shareholdings or
interest within 60 days from such assumption

DURATION OF QUALIFICATION
Eligibility to an office should be construed as of a continuing nature and must exist at the commencement of the
term and during occupancy of the office. The reckoning point in determining the qualifications of an appointee is
the date of issuance of the appointment and not the date of its approval by the CSC or the date of resolution of
the protest against it

PERSONS REQUIRED TO TAKE AN OATH OF OFFICE UNDER THE CONSTITUTION

1. All public officers and employees
2. President, VP, or the acting President
3. All members of the AFP

OATH OF OFFICE
It is a qualifying requirement for a public office. Only when the public officer has satisfied this prerequisite can his
right to enter into the position be considered plenary and complete. Until then, he has none at all and for as long as
he has not qualified, the holdover officer is the rightful occupant

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INHIBITIONS
It is a restraint upon the public officer against the doing of certain acts which may be legally done by others

INHIBITIONS UNDER THE CONSTITUTION

1. The President, Vice-President, Cabinet Members and their deputies and assistants shall not, during tenure,
directly or indirectly practice any other profession, participate in any business, or be financially
interested in any contract with the Government. They shall strictly avoid conflict of interest in the conduct
of their office
2. No Senator or Member of the House may hold any other office or employment in the Government during his
term without forfeiting his seat
3. No Senator or Member of the House may personally appear as counsel before any court of justice or before
the Electoral Tribunal, or quasi- judicial and other administrative bodies
4. No Senator or Member of the House shall directly or indirectly, be interested financially in any contract
with, or in any franchise or special privilege granted by the Government, during his term of office
5. No Member of the Constitutional Commission shall, during his tenure, hold any other office or employment.
Neither shall he engage in the practice of any profession or in the active management or control of
business which in any way may be affected by the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in any franchise or special privilege granted by the
Government during his term of office. This inhibition applies as well to the Ombudsman and his deputies
6. No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or
partisan political campaign

PRACTICE OF PROFESSION
1. All governors, city, and municipality mayors, are prohibited from practicing their profession or engaging
in any occupation other than the exercise of their functions as local chief executives
2. Sanggunian members may practice their professions, engage in any occupation, or teach in schools,
except during session hours, Sanggunian members who are also members of the Bar shall not:
a. Appear as counsel before any court in any civil case wherein a local government unit or any office,
agency or instrumentality of the government is the adverse party
b. Appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office
HMM
c. collect any fee for their appearance in administrative proceeding involving the local government until
of which he is an official, and
d. use property and personnel of the Government except when the Sanggunian member concerned is
defending the interest of the government
3. Doctors of medicine may practice their profession even during official hours of work only on occasions
of emergency, provided that officials concerned do not derive monetary compensation therefrom

MINISTERIAL POWERS V. DISCRETIONARY POWERS

MINISTERIAL POWERS DISCRETIONARY POWERS
When it is absolute, certain, and imperative involving When it requires the exercise of reason and discretion
merely execution of a specific duty arising from fixed in determining how or whether the act shall be done, or
and designated facts the course pursued

NOTE: The law exacting its discharge prescribes and NOTE: The officer is expected to discharge the duty
defines the time, mode, and occasion of its directly and not through the intervening mind of
performance with such certainty that nothing is left another
for judgment or discretion
It is susceptible of delegation and can be compelled DELEGATION
by judicial action GENERAL RULE: It cannot be delegated to another

EXCEPTION: Power of the President to conclude

treaties may be assigned to a treaty panel, which can
negotiate the treaty on his behalf, under his instructions
and subject to his approval

MANDAMUS
GENERAL RULE: Mandamus will not lie for the
performance of a discretionary duty

EXCEPTION: (1) When the discretion granted is only as

to the manner of its exercise and not the discretion to
act or not to act, the court may require a general action
(2) Grave abuse of discretion

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CONSTITUTIONAL DUTIES OF PUBLIC OFFICERS (Sec. 1, Art. XI)
“Public office is a public trust”
The basic idea of government in the Philippines is that of a representative government, the officers being mere
agents and not rulers of the people, one where no one man or set of men has a proprietary or contractual right
to an office, but where every officer accepts office pursuant to the provision of law and holds the office as a trust
for the people for the people whom he represents

Public officers and employees must at all times

1. Be accountable to the people
2. Serve them with utmost responsibility, integrity, loyalty, and efficiency
3. Act with patriotism and justice, and
4. Lead modest lives
The point of the command is that, even if the public officer is independently wealthy, he should not live in
a manner that flaunts his wealth

5. Submit a declaration under oath of assets, liabilities, and net worth (SALN) upon assumption of officer and
thereafter as may be required
The following are required to disclose their declaration to the public:
i. President
ii. Vice President
iii. Members of the
a. Cabinet
b. Congress
c. Supreme Court
d. Constitutional Commissions
iv. Other constitutional offices
v. Officers of the Armed Forces with general or flag rank

6. Owe the State and Constitution allegiance at all times

DUTIES OF PUBLIC OFFICER, IN GENERAL RIGHTS OF PUBLIC OFFICER

1. Duty to obey the law 1. Right to Wages
2. Duty to accept and continue in office 2. Right to Preference in Promotion subject to the
3. Duty to accept burden of office discretion of the appointing authority
4. Duty as to diligence and care in the performance 3. Right to vacation and sick leave
of official duties 4. Right to Maternity Leave
5. Duty in choice and supervision of subordinates 5. Right to Retirement Pay
6. Duty to perform official acts honestly, faithfully, 6. Other rights
and to the best of his ability a. Right to reimbursement for expenses
7. Duty not to use his official power to further his incurred in due performance of duty (but
own interest this does not include transportation
allowance for those using government
vehicles)
b. Right to be indemnified against liabilities
they may incur in bona fide discharge of
duties
c. Right to longevity pay
d. Right to self-organization

ALTER EGO PRINCIPLE

The acts of the Secretaries of the departments, performed and promulgated in the regular course of business are,
unless disapproved or reprobated by the President, presumptively the acts of the President

LIMITS OF THE ALTER EGO DOCTRINE

There are certain powers that are reserved to the President which cannot be exercised by the Secretaries of the
departments such as:
1. Declaration of Martial Law
2. Suspension of the privilege of writ of habeas corpus
3. Pardoning Power
4. Purely discretionary powers

PRINCIPLE OF HOLD-OVER
In the absence of any express of implied constitutional or statutory provision to the contrary, the public officer is
entitled to hold office until his successor shall have been duly chosen and shall have qualified

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EFFECT WHEN LAW FIXES SPECIFIC DATE FOR THE END OF A TERM
When the law fixes a specific date for the end of the term, there is an implied prohibition against hold-over

NATURE OF OFFICER DURING HOLD-OVER

During the period of hold-over, the public officer is a de jure officer

POWER OF CONTROL POWER OF SUPERVISION

Power of an officer to manage, direct or govern, The power of mere oversight over an inferior body and
including the power to alter or modify or set aside does not include any restraining authority over such
what a subordinate had done in the performance of his body. The officer merely sees to it that rules are
duties and to substitute his judgment for that of the followed but he himself does not lay down such rules,
latter nor does he have the discretion to modify or replace
them

PROHIBITION ON DOUBLE COMPENSATION

The purpose is to manifest a commitment to the fundamental principle that a public office is a public trust. There
must be awareness on the part of the officer or employee of the government that he will receive only such
compensation as may be fixed by law. With such a realization, he is expected not to avail himself of devious or
circuitous means to increase the remuneration attached to his position

Claims for double retirement benefits fall under the prohibition against the receipt of double compensation when
they are based on exactly the same services and on the same creditable period

PROMOTION DEMOTION
The movement from one position to another with There is demotion when an employee is appointed to a
increase in duties and responsibilities as authorized by position resulting in diminution of duties,
law and usually accompanied by an increase in pay responsibilities, status, or rank which may or may
not involve a reduction in salary
NEXT-IN-RANK RULE
The person next in rank shall be given preference in Where an employee is appointed to a position with the
promotion when the position immediately above his is same duties and responsibilities but with rank and
vacated salary higher than those enjoyed in his previous
position, there is no demotion, and the appointment is
The concept of next-in-rank does not import any valid
mandatory or peremptory requirement that the
person next in rank must be appointed to the vacancy. Demotion to a lower rate of compensation is equivalent
The appointing authority has the discretion to fill the to removal if no cause is shown for it when it is not part
vacancy under the next-in-rank rule or by any other of any disciplinary action. In this case, demotion is not
method authorized by law (e.g., by transfer) proper

RETIREMENT
A withdrawal from office, public station, business, occupation, or public duty. It involves a bilateral act of the
parties, a voluntary agreement between the employer and the employee whereby the latter, after reaching a certain
age, agrees and/or consents to sever his employment with the former

Before a right to retirement benefits vests in an employee, he must have met the stated conditions of eligibility
with respect to the nature of employment, age, and length of service. This is a condition precedent to his
acquisition of rights thereunder

If retirement benefits have been given to an entity disqualified to receive the same, there is an obligation to return
the amounts under the principle of solutio indebiti

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E. DE FACTO VS. DE JURE OFFICERS
DE FACTO OFFICER DE JURE OFFICER USURPER
One whose acts, though not those of One who has the lawful right to the One who takes possession of the
a lawful officer, the law, upon office in all respects, but who has office and undertakes to act
principles of policy and justice, will either been ousted from it, or who officially without any color of right
hold valid so far as they involve the has never actually taken or authority, either actual or
interests of the public and third possession of it apparent
persons where the duties of the
office were exercised: When the officer de jure is also the Note that it is the color of
1. Without a known officer de facto, the lawful title and authority, not the color of title,
appointment or election, but possession are united that distinguishes an officer de facto
under circumstance of from a usurper. It means that the
reputation or authority to hold office is by some
acquiescence election or appointment, however
irregular or informal
2. With a known and valid
appointment or election but
the office failed to conform DE FACTO USURPER
to a legal requirement Officer under One who takes
3. With a known appointment any of the 4 possession of
or election but void because circumstances an office and
of: mentioned undertakes to
a. ineligibility of the act officially
officer without any
b. want of authority of the authority,
appointing or electing either actual or
authority apparent
c. irregularity in Has color of Has neither
appointment or election authority lawful title nor
not known to the public; color of right or
or title to office
d. With known Acts are valid Acts are
appointment or election as to the public absolutely void
pursuant to an until such time and can be
unconstitutional law as his title to impeached in
before adjudged to be the office is any proceeding
such adjudged at any time,
insufficient unless and until
REQUISITES he continues to
1. Valid and legitimate office act for so long a
2. Actual physical possession time as to
of the office in good faith afford a
3. Color of right or general presumption of
acquiescence by the public his right to act
May be entitled Not entitled to
ENTITLEMENT TO SALARY to compensation
GENERAL RULE compensation
Rightful incumbent may recover for services
from a de facto officer the salary rendered
received by the latter during the
time of wrongful tenure even
though the latter is in good faith
and under color of title

EXCEPTION
When there is no de jure officer,
the de facto officer is entitled to
salaries for the period when he
actually discharged functions (Civil
Liberties Union v. Executive
Secretary)

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 HOW DE FACTO OFFICER OUSTED
A de facto officer may be ousted in a
direct proceeding where the title
will be the principal issue, not in a
collateral action or in an action to
which he is not a party. The proper
remedy is to institute quo
warranto proceeding under Rule
66. The title to a public office may
not be contested except directly, by
quo warranto.

A de jure officer has a legal right to the office, but he may not be in
possession of the office

While a de facto officer possesses the office because of the color of

authority

F. THE CIVIL SERVICE

CIVIL SERVICE COMMISSION
Central personnel agency of the government

COMPOSITION
1. Chairman and 2 commissioners
2. Appointed by the President with consent of the Commission on Appointments for a term of 7 years, without
reappointment.

COVERAGE
All branches, subdivisions, instrumentalities, and agencies of the government including GOCC with original charters.

AUTHORITY OF THE CIVIL SERVICE COMMISSION

1. Limited to reviewing appointments on the basis of the Civil Service Law
2. Only allowed to check whether the appointee possesses the appropriate civil eligibility or the required
qualification. CSC has no discretionary power.

LIMITATIONS TO THE POWER TO APPOINT

1. The power does not include authority to make the appointment itself or to direct the appointing authority to
change the employment status of an employee
2. No authority to revoke appointment simply because it believed that another person is better qualified
3. No power to pass upon the qualifications or tenure of the appointing officer or declare the latter’s position
vacant for an act that produced forfeiture of his office
4. Cannot change the tenure of office granted to appointee such as where the appointing authority indicated
permanent appointment, but CSC approved as temporary such appointment

CLASSIFICATION OF APPPOINTMENTS
CAREER NON-CAREER
CHARACTERISTICS CHARACTERISTICS
1. Entrance based on merit and fitness to be 1. Entrance on bases other than those of the usual
determined by competitive examinations or test of merit and fitness
based on highly technical qualifications 2. Tenure which is limited to:
2. Opportunity for advancement to higher career a. Period specified by law
positions b. Coterminous with that of appointing
3. Security of tenure authority
c. Subject to appointing authority’s pleasure
LEVELS OF POSITIONS d. Limited to the duration of a particular
1ST LEVEL: Clerical, trades, crafts, and custodial service project
positions involving non-professional/sub- professional
in a non-supervisory or supervisory capacity requiring They, however, enjoy constitutional guarantee that they
less than 4 years of collegiate studies. cannot be removed except for cause and after due
hearing

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 2ND LEVEL: Professional, technical, and scientific MEANING OF “FOR CAUSE”
positions in a non-supervisory/supervisory capacity For reasons which the law and sound public policy
requiring at least 4 years of college work up to division
recognized as sufficient warrant for approval, that is,
chief level. legal cause, and not merely causes which appointing
power in the exercise of discretion may deem sufficient.
3RD LEVEL: Career executive service positions The cause must relate to and affect the administration
of the office and must be restricted to something
The position of department manager is not a third substantial in nature
level position which is appointed by the President. For
said reason, a PEZA department manager only needs
the approval of the PEZA Director-General to
validate his appointment or re-appointment. As he need
not possess a CESO or CSEE eligibility, the CSC has no
valid and legal basis in invalidating his appointment
or re-appointment

CAUSES FOR PROTESTING APPOINTMENT

1. Appointee not qualified
2. Appointee is not the next-in-rank
3. In the case of appointment by transfer, reinstatement, or by original appointment, that the protestant is not
satisfied with the written special reason(s) given by the appointing authority

REVOCATION OR RECALL OF APPOINTMENT

GENERAL RULE: Appointment once made is irrevocable and not subject to reconsideration

Grounds when CSC has power to recall, on its own initiative, an appointment initially approved:
1. Non-compliance with the procedures/criteria provided in the agency merit promotional plan
2. Failure to pass through the agency’s selection/promotion board
3. Violation of the existing collective agreement
4. between management and employees relative to promotion
ooo
5. Violation of other existing civil service law, rules, and regulations

PERSONNEL ACTION
Any action denoting movement or progress of personnel in the civil service.
Includes the following:
1. Appointment through certification
2. Promotion
3. Transfer
4. Reinstatement
5. Reemployment
6. Detail
7. Reassignment
8. Demotion

It is the CSC which is empowered to look into the validity of creation of positions and appointments of personnel
appointed by the Mayor whose appointments were confirmed by the CSC. There being a valid appointment
confirmed by CSC and the concerned personnel having rendered services, payment of their salaries is proper and
legal

VALID PERSONNEL ACTIONS

1. Extending temporary appointment, however, this must not amount to removal
2. Transfer or re-assignment but this must not involve a reduction in rank, status, and salary, without break in
service
3. Detail must be made in the interest of public service, absent showing of manifest abuse or improper motive
or purpose

PERSONNEL ACTIONS AMOUNTING TO REMOVAL

1. Shortening term is removal
2. Control does not extend to removal
3. Demotion
4. Denial of optional retirement and refusal to reinstate

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While a temporary transfer or assignment of personnel is permissible even without the prior consent, it cannot
be done when the transfer is a preliminary step toward his removal or is a scheme to lure him away from his
permanent position, or designed to indirectly terminate his service, or force his resignation. Such a transfer would
in effect circumvent the provision which safeguards the tenure of office of those who are in the Civil Service

WAIVER OF SECURITY OF TENURE

Acceptance of temporary appointment or assignment, without reservations is a waiver of security of tenure

G. ACCOUNTABILITY OF PUBLIC OFFICERS

1. Discipline
a. Grounds
GENERAL RULE: A public officer is not liable for injuries sustained by another due to official acts done within the
scope of his authority

EXCEPTIONS
1. Bad faith
2. Malice
3. Negligence
4. Death or Injury to persons or damage to property

THREE-FOLD LIABILITY RULE

It is a fundamental principle in the law on public officers that administrative liability is separate from and
independent of criminal liability. A simple act or omission can give rise to criminal, civil or administrative
liability, each independently of the others. This is known as the threefold liability rule. Thus, absolution from a
criminal charge is not a bar to an administrative prosecution, and vice versa

PROOF OF DAMAGE OR ACTUAL INJURY

Proof of damage or actual injury is not required for administrative liability to attach to a public officer. It is enough
that the act was contrary to the established norms of conduct for government service. However, an employee of
GSIS who altered IP addresses without authority, not in the performance of his duties, will not be guilty of grave
misconduct but conduct prejudicial to the best interest of service. To constitute misconduct, the act or acts must have
a direct relation to and be connected with the performance of official duties

b. Jurisdiction
1. The Secretaries and heads of agencies and instrumentalities, provinces, cities, and municipalities shall have
jurisdiction to investigate and decide matters involving disciplinary action against officers and employees
under their jurisdiction. Their decision shall be final in case the penalty imposed is suspension for not more
than 30 days or fine in an amount not exceeding 30 days’ salary

2. In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be
initially appealed to the department and finally to the Commission and pending appeal, the same shall be
executory except when the penalty is removal, in which case the same shall be executory only after
confirmation by the Secretary concerned

3. The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of
a penalty of suspension for more than 30 days, or fine in an amount exceeding 30 days’ salary, demotion in
rank or salary transfer, removal, or dismissal from office

4. A complaint may be filed directly with the Commission by a private citizen against a government official or
employee in which case it may hear and decide the case, or it may deputize any department, agency, official,
or group of officials to conduct the investigation

5. Disciplinary cases and cases involving “personnel actions” affecting employees in the civil service are within
the exclusive jurisdiction of the Civil Service Commission which is the sole arbiter of controversies relating
to the civil service

6. EO No. 151, or the Presidential Commission Against Graft and Corruption, exercises jurisdiction to
investigate all administrative complaints involving graft and corruption filed in any form or manner against
presidential appointees in the executive department of the government, including those in GOCCs. Such
jurisdiction extends to nonpresidential appointees who may have acted in conspiracy or who may have
been involved with a presidential appointee
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 7. The Sandiganbayan has exclusive original jurisdiction over presidents, directors or trustees, or
managers of GOCCs, without any distinction with respect to the manner of their creation, whenever charges
of graft and corruption are involved

8. RA 9670 (Magna Carta for Public School Teachers) covers and governs administrative proceedings
involving public school teachers

c. Dismissal, preventive suspension, reinstatement, back salaries

PREVENTIVE SUSPENSION
Merely a preventive measure, a preliminary step in an administrative investigation. The purpose of the
suspension order is to prevent the accused from using his position and the powers and prerogatives of his office to
influence potential witnesses or tamper with records which may be vital in the prosecution of the case against
him. If after such investigation, the charge is established and the person investigated is found guilty of acts
warranting his suspension or removal, then, as a penalty, he is suspended, removed, or dismissed

PERIOD OF SUSPENSION
PRESIDENTIAL APPOINTEES NON-PRESIDENTIAL APPOINTEES
The suspension should only last within a reasonable The maximum period of preventive suspension is 90
time days

LOCAL GOVERNMENT 60 days

NATIONAL GOVERNMENT 90 days
OMB 6 months
.

PRIOR NOTICE AND HEARING

Prior notice and hearing are not required in the issuance of a preventive suspension order

GROUNDS FOR PREVENTIVE SUSPENSION OF POLICE OFFICERS (RA 8551, Sec. 55) (Preventive Suspension
Pending Criminal Case)
The court shall immediately suspend the accused from office for a period not exceeding 90 days from
arraignment:
1. Upon the filing of a complaint or information sufficient in form and substance against a member of the
PNP
2. For grave felonies where the penalty imposed by law is 6 years and 1 day or more
EXCEPTION: If it can be shown by evidence that the accused is harassing the complainant and/or witnesses, the
court may order the preventive suspension of the accused PNP member even if the charge is punishable by a penalty
lower than 6 years and 1 day

GENERAL RULE: The period of preventive suspension shall not be more than 90 days

EXCEPTION: If the delay in the disposition of the case is due to the fault, negligence, or petitions of the
respondent.

The preventive suspension may be sooner lifted by the court in the exigency of the service upon recommendation
of the chief, PNP. Such case shall be subject to continuous trial and shall be terminated within 90 days from
arraignment of the accused

BACK SALARIES DURING PREVENTIVE SUSPENSION

GENERAL RULE: A public official is not entitled to any compensation if he has not rendered any service

Two conditions before an employee may be entitled to back salaries in preventive suspension cases:
1. The employee must be found innocent of the charges, and
2. His suspension must be unjustified, or the official was innocent

PREVENTIVE SUSPENSION PENDING INVESTIGATION V. APPEAL

PENDING INVESTIGATION PENDING APPEAL
Not a penalty. It is a measure intended to enable the If the penalty imposed by the disciplining authority is
disciplining authority to investigate charges against suspension or dismissal and, after review, the
respondent by preventing the latter from intimidating respondent is exonerated
or in any way influencing witnesses against him. If the
investigation is not finished and a decision is not
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 rendered within that period, the suspension will be No back salaries shall be due for the period of
lifted, and the respondent will automatically be preventive suspension PENDING INVESTIGATION but
reinstated. If after investigation, respondent is found only for the period of preventive suspension PENDING
innocent of the charges and is exonerated, he should be APPEAL, in the event the employee is exonerated
reinstated

REINSTATEMENT V. BACKWAGES
REINSTATEMENT BACKWAGES
Restoration to a state or condition from which one had A form of relief that restores the income that was lost
been removed or separated. One who is reinstated by reason of unlawful dismissal
assumes the position he had occupied prior to the
dismissal and is, as an ordinary rule, entitled only to the WHERE TO FILE
last salary in that position The claim for recovery of back salaries involves
settlement of accounts or claims against the
government and should therefore be filed with the
Commission on Audit

AMOUNT OF BACK SALARIES

An illegally terminated civil service employee is entitled
to back salaries limited only to a maximum period of
5 years, and not full back salaries from his illegal
termination up to his reinstatement

d. Condonation doctrine
The condonation doctrine is the doctrine that provides that a reelected official should no longer be made
accountable for an administrative offense committed during his previous term

AGUINALDO VS. SANTOS CARPIO-MORALES V. CA, BINAY

ABANDONED PREVAILING
Aguinaldo’s re-election to the position of Governor has The Court abandoned the Condonation Doctrine,
rendered the administration case pending (disloyalty, explaining that election is not a mode of condoning
alleged participation in coup d’état) moot and academic. an administrative offense, and there is simply no
The Court should never remove a public officer for acts constitutional or statutory basis in our jurisdiction
done prior to his present term of office. To do otherwise to support the notion that an official elected for a
would be to deprive the people of their right to elect different term is fully absolved of any administrative
their officers. When a people have elected a man to liability arising from an offense done during a prior
office, it must be assumed that they did this with term
knowledge of his life and character, and that they
disregarded or forgave his fault or misconduct, if he The abandonment should be prospectively applied
had been guilty of any. It is not for the court, by reason
of such fault or misconduct, to practically overrule the
will of the people

MODES OF TERMINATION
Natural causes
1. Expiration of the term or tenure of office – his/her rights and duties ipso facto ceases, unless authorized to
holdover

•k•
2. Tenure represents the term during which the incumbent actually holds office. The tenure may be shorter
(or, in case of holdover, longer) than the term for reasons within or beyond the power of the incumbent.
However, a term, or the time during which the officer may claim to hold the office as of right, is not affected
by the holdover (Valle Verde v. Africa)
3. Reaching the Age limit (retirement) - 65 years for public officers and employees
4. Death or permanent disability
.

REORGANIZATION
The reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy
of functions. It alters the existing structure of government offices or units therein, including the lines of control,
authority, and responsibility between them to make the bureaucracy more responsive to the needs of the public
clientele as authorized by law. It could result in the loss of one’s position through removal or abolition of an office. A
valid reorganization for the purpose of economy or for making the bureaucracy more efficient must pass the test of
good faith; otherwise, it is void ab initio

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 • The creation of the Truth Commission does not fall within the President’s power to reorganize.
Reorganization refers to situations where a body or an office is already existent, but a modification or
alteration thereof has to be effected

PROHIBITION ON FINANCIAL ACCOMMODATION

No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly
or indirectly, by any government-owned or controlled bank or financial institution to the:
1. President
2. Vice President
3. ••
3. Members of the
a. Cabinet
b. Congress
c. Supreme Court
d. Constitutional Commissions
4. Ombudsman
5. Any firm or entity in which they have controlling interest, during their tenure

2. Impeachment
The power of Congress to remove a public official for serious crimes or misconduct as provided in the
Constitution. It is a mechanism designed to check abuse of power

WHO MAY BE IMPEACHED

1. President
2. Vice President
3. Supreme Court Justices
4. Constitutional Commission members
5. Ombudsman

GROUNDS (GOT BBC)

1. Graft and corruption
2. Other high crimes
3. Treason
4. Betrayal of public trust
5. Bribery
6. Culpable violation of the Constitution

NOTE:
• It is an exclusive list. Congress cannot add to the list of impeachable offenses
• Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings;
he can still be impeached

ROLES OF THE 3 BRANCHES OF GOVERNMENT IN IMPEACHMENT

1. Senate has sole power to try and decide cases of impeachment
2. If the President is on trial, the Chief Justice presides but does not vote
3. The Supreme Court can determine if Congress committed grave abuse of discretion amounting to lack or
excess of jurisdiction (e.g., recognizing two impeachment complaints)

WHO MAY INITIATE IMPEACHMENT CASE

The House of Representatives has exclusive power to initiate all cases of impeachment

PROCEDURE
1. Filing of verified complaint. Can be filed by:
a. Any member of the House of Representatives
b. Any citizen upon a resolution or endorsement by any Member of the House
c. By at least 1/3 of all the Members of the House of Representatives
d. If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the
House, it shall constitute the Articles of Impeachment. Trial in the Senate shall proceed.
2. Inclusion of complaint in the order of business within 10 session days
3. Referral to proper Committee within 3 session days thereafter
4. Submission of committee report to the House together with corresponding resolution
5. The report should be submitted within 60 days from referral, after hearing, and by a majority vote of all its
members
6. Calendaring of resolution for consideration by the House
7. Should be done within 10 session days from receipt thereof

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 8. Vote of at least 1/3 of all the members of the House necessary to:
a. Affirm a favorable resolution with the Articles of Impeachment of the Committee or
b. To override its contrary resolution

NOTE:
• For impeachment, judgment of conviction requires the concurrence of 2/3 of all the Members of the
Senate 16124
• Only 1 impeachment proceeding should be initiated against an impeachable officer within a period of 1
year
• When is an impeachment proceeding deemed initiated? The proceeding is initiated when a verified
complaint is filed and referred to the Committee on Justice for action. This is the initiating step which
triggers the series of steps that follow
• The 1-year period shall be counted from the time of the filing of the first impeachment complaint.
Impeachment proceedings pertain to the proceedings in the House of Representative which commences from
the initiation of the complaint to the referral to proper committees, to submission of the report to the House,
subsequent deliberation, and ends with the transmittal of the Article of Impeachment to the Senate. An
impeachment case pertains to a trial in the Senate which commences at the time the Articles of Impeachment
are transmitted to the Upper House

EFFECTS OF IMPEACHMENT
1. Removal from office of the official concerned
2. Disqualification to hold any office
3. Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also
constitutes a felony or crime

3. The Ombudsman
COMPOSITION
1. Ombudsman/Tanodbayan
2. Overall Deputy (at least one Deputy each for Luzon, Visayas and Mindanao)
3. Deputy for military establishment may be Appointed

QUALIFICATIONS (Ombudsman and Deputies)

1. Natural born citizen of the Philippines
2. At least 40 years old at time of appointment
3. Of recognized probity and independence
4. Member of the Philippine bar
5. Must not have been candidate for any elective office in the immediately preceding election
6. For Ombudsman, he must have been for 10 years or more:
a. A judge OR
b. Engaged in the practice of law in the Philippines

DISQUALIFICATIONS AND PROHIBITIONS

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

APPOINTMENT
1. Ombudsman and deputies
••

Ma:
2. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. Vacancies will be
filled from a list of 3 nominees
3. Appointments do NOT require confirmation
4. All vacancies shall be filled within 3 months after they occur
5. Appointees have 7-year term without reappointment and are not qualified to run for any office in the election
succeeding their cessation from office

also
6. Other ombudsman officials and employees
a. By the Ombudsman
b. In accordance with Civil Service Law

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a. Functions
1. Investigate on its own, or on complaint by any person, any act or omission of any public official, employee,
office, or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient
• May be done on its own initiative or on complaint in any form
• Such may be delegated
• The power to investigate includes the power to impose preventive suspension
• Investigate does not mean preliminary investigation
• The complaint need not be drawn up in the usual form
• The illegal act or omission need not be in connection with the duties of the public officer or
employee concerned
• Any illegal act may be investigated by the Ombudsman. In this regard, the OMB’s jurisdiction is
concurrent with that of the regular prosecutors

2. Direct, upon complaint or at its own instance, any public official or employee of the government, or any
subdivision, agency, or instrumentality thereof, as well as of any GOCC with original charter, to perform and
expedite any act of duty required by law, or to stop, prevent and correct any abuse or impropriety in the
performance of duties
• The Ombudsman has persuasive power and may require that proper legal steps are taken by the
officers concerned
• The public official or employee must be employed in
i. The Government
ii. Any subdivision, agency, or instrumentality
iii. GOCCs with original charters
• The Special Prosecutor may prosecute before the Sandiganbayan, judges accused of graft and
corruption, even if they are under the Supreme Court

3. Direct the officer concerned to take the appropriate action against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance
therewith
• The Ombudsman does not himself prosecute cases against public officers or employees
• Final say to prosecute still rests in the executive department
• The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute
• The refusal by any officer without just cause to comply with an order of the Ombudsman to remove,
suspend, emote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to
perform an act or discharge a duty required by law shall be a ground for disciplinary action against
said officer

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

5. Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents and public matters covered
by its investigation when circumstances so warrant and with due process

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

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

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

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DOCTRINES/JURISPRUDENCE
• The OMB has jurisdiction over disciplinary cases against government employees, which includes public
school teachers
• The OMB has the authority to determine the administrative liability of public official or employee, and to
direct and compel the head of the concerned officer or agency to implement the penalty imposed. This
power to impose administrative liability is not merely recommendatory but actually mandatory
• The enumeration of the powers of the OMB in the Constitution is not exclusive. Congress may add additional
powers. The OMB Act grants to the OMB fuller authority; he has the power to impose the penalty of
suspension
• The doctrine of qualified political agency does not apply to the relationship between the OMB and the
Special Prosecutor. The Special Prosecutor may only file an information only when authorized by the OMB
• In administrative cases involving the concurrent jurisdiction of two or more disciplining authorities, the
body in which the complaint is filed first, and which opts to take cognizance of the case, acquires
jurisdiction to the exclusion of other tribunals exercising concurrent jurisdiction. Here, since the
complaint was filed first in the OMB, and the OMB opted to assume jurisdiction over the complaint, the OMB’s
exercise of jurisdiction is to the exclusion of the Sangguniang Bayan exercising concurrent jurisdiction.
Jurisdiction could no longer be transferred to the Sangguniang Bayan by virtue of a subsequent complaint
filed by the same complainants
• The Office of the OMB shall have disciplinary authority over all elective and appointive officials of the
Government and its subdivisions, instrumentalities, and agencies, including Members of the Cabinet, local
government, government-owned or controlled corporations and their subsidiaries, except over officials who
may be removed only by impeachment or over Members of Congress, and the Judiciary. (RA 7660, Sec. 21)
However, the Office of the OMB shall have the power to investigate any serious misconduct in the office
allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint
for impeachment if warranted (RA No. 6770, Sec. 22)
• An administrative complaint filed against a public officer before the OMB does not bar an administrative
investigation before the Presidential Anti-Graft Commission. The jurisdiction of the OMB over
administrative complaints is not exclusive, it may be exercised concurrently with an authorized agency
• Appeals from decisions of the OMB in administrative cases do not stay the execution of the penalty imposed.
This is in accordance with Sec. 7 Rule III of the Rules of Procedure of the OMB which explicitly states that an
appeal shall not stop the decision from being executory. No vested right is violated because pending
appeal the appellant is considered as preventively suspended and will be paid backwages in case he wins
in his appeal. In addition, under Sec. 13(8) Art. XI of the Constitution authorizes the OMB to formulate its
own rules
• Sec. 20 of RA 6770 is merely directory and does not prohibit the OMB from conducting an administrative
investigation after the lapse of q
G- year, reckoned from the time the alleged act was committed. Without doubt,
even if the administrative case was filed beyond the 1-year period, the OMB was well within its discretion
to conduct the administrative investigation
• Although the OMB is not precluded by Sec. 20(5) of RA 6770 from conducting the investigation, the
Ombudsman can no longer institute an administrative case against a resigned public officer because the
latter was not a public servant at the time the case was filed
• Findings of fact by the Office of the OMB when supported by substantial evidence are conclusive. Any
order, directive or decision imposing the penalty of public censure or reprimand, suspension of not more
than 1 month's salary shall be final and unappealable. In the same vein, the decision of the Ombudsman
absolving a public officer of an administrative charge is final and unappealable
• The OMB's finding of probable cause does not touch on the issue of guilt or innocence of the accused. It is
not the function of the Office of the OMB to rule on such issue. Hence, Courts do not interfere in the
Ombudsman's exercise of discretion in determining probable cause unless there are compelling reasons
• The power to withdraw the Information already filed is a mere adjunct or consequence of the OMB’s
overall power to prosecute. However, while it is the Ombudsman who has the full discretion to determine
whether or not a criminal case should be filed in the Sandiganbayan, once the case has been filed with said
court, it is the Sandiganbayan, and no longer the Ombudsman, which has full control of the case so much
so that the Information may not be dismissed without the approval of said court. It does not matter
whether such filing of a motion to dismiss by the prosecution is done before or after the arraignment of
the accused or that the motion was filed after a reinvestigation
• A preliminary investigation partakes of an investigative or inquisitorial power for the sole purpose of
obtaining information on what future action of a judicial nature may be taken. Even the action of the
Secretary of Justice in reviewing a prosecutor’s order or resolution via appeal or petition for review
cannot be considered a quasi-judicial proceeding. Hence, Sec. 14, Art. VIII of the Constitution does not extend
to resolutions issued by the DOJ Secretary

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 • The second paragraph of Sec. 14 of RA 6770 is declared invalid, the CA may impose provisional injunctive
writ over the implementation of prevention suspension order by the Ombudsman. The independence
granted to the Ombudsman by the Constitution means freedom from control or supervision of the
Executive Department, not the Judiciary
• The Ombudsman may grant immunity from criminal prosecution to any person whose testimony or whose
possession and production of documents or other evidence may be necessary to determine the truth in any
hearing, inquiry or proceeding being conducted by the Ombudsman or under its authority, in the
performance or in the furtherance of its constitutional functions and statutory objectives. The immunity
granted under this and the immediately preceding paragraph shall not exempt the witness from criminal
prosecution for perjury or false testimony nor shall he be exempt from demotion or removal from office. (RA
6770, Sec. 17(2))

b. Judicial review in administrative proceedings

c. Judicial review in penal proceedings
ADMINISTRATIVE PENAL
Appeals from resolutions of the Office of the OMB in Supreme Court is not precluded from reviewing the
administrative disciplinary cases should be taken to the OMB’s action when there is an abuse of discretion, in
CA via Petition for Review under Rule 43 which case Rule 65

NON-ADMINISTRATIVE V. ADMINISTRATIVE
OMB (non-administrative) → Supreme Court via Rule 65
OMB (administrative) → CA via Rule 43

THE OFFICE OF THE SPECIAL PROSECUTOR

The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to
function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office
of the OMB created under this Constitution

Under the present Constitution, the Special Prosecutor is a mere subordinate of the Tanodbayan OMB and can
investigate and prosecute cases only upon the latter's authority or orders. The Special Prosecutor cannot initiate
the prosecution of cases but can only conduct the same if instructed to do so by the OMB. Even his original power to
issue subpoena is now deemed transferred to the OMB, who may, however, retain it in the Special Prosecutor in
connection with the cases he is ordered to investigate

Under PD 1487, as amended by PD 1607, Tanodbayan was both prosecutor and OMB. Harmonisation of the laws left
the Special Prosecutor to continue to exercise powers of the former Tanodbayan except those specifically passed on
to the Ombudsman. Since the power to investigate has been vested to the Ombudsman, the Special Prosecutor
can only investigate and prosecute if authorized by the Ombudsman.

APPOINTMENT
1. The President selects from a list of at least 21 nominees prepared by the JBC
2. From a list of 3 nominees for each vacancy thereafter, which shall be filled within 3 months after it occurs,
3. Each list shall be published in a newspaper of general circulation

QUALIFICATIONS
1. Natural born citizens of the Philippines
2. At least 40 years old
3. Of recognized probity and independence
4. Member of the Philippine Bar
5. Must not have been candidates for any elective national or local office in the immediately preceding election
whether regular or special.

TERM
The Special Prosecutor shall serve for a term of 7 years without reappointment

REMOVAL, FILLING OF VACANCY

1. In accordance with the provisions of Art. XI of the Constitution, treason, bribery, graft and corruption, other
high crimes, or betrayal of public trust
2. The Special Prosecutor may be removed from office by the President for any of the grounds provided for the
removal of the Ombudsman, and after due process.

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PROHIBITIONS AND DISQUALIFICATIONS
1. The Special Prosecutor shall not, during their tenure, hold any other office or employment
2. Shall not, during said tenure, directly or indirectly practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or special privilege granted
by the government or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries
3. Shall strictly avoid conflict of interest in the conduct of their office
4. Shall not be qualified to run for any office in the election immediately following their cessation from office
5. Shall not be allowed to appear or practice before the Ombudsman for 2 years following their cessation
from office
6. No spouse or relative by consanguinity or affinity within the 4th civil degree and no law, business or
professional partner or associate the Special Prosecutor within 1 year preceding the appointment may
appear as counsel or agent on any matter pending before the Office of the Ombudsman or transact business
directly or indirectly therewith
7. This disqualification shall apply during the tenure of the official concerned. This disqualification likewise
extends to the law, business, or professional firm for the same period

AUTHORITY AND RESPONSIBILITIES

1. Shall be composed of the Special Prosecutor and his prosecution staff. The Office of the Special Prosecutor
shall be an organic component of the Office of the Ombudsman and shall be under the supervision and control
of the Ombudsman
2. It shall, under the supervision and control and upon the authority of the Ombudsman, have the following
powers:
a. To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the
Sandiganbayan
b. To enter into plea bargaining agreements
c. To perform such other duties assigned to it by the Ombudsman.

4. The Sandiganbayan
Sandiganbayan is a statutory court, not a “constitutional court.” It is not created by the Constitution but by statute,
although its creation is mandated by the Constitution

JURISDICTION
1. Violations of Anti-graft and Corrupt Practices Act
2. RA No. 1379 (Forfeiture in favor of the state any property unlawfully acquired by public officials)
3. Chapter II, Section 2, Title VII, Book II, RPC
4. One or more of the accused are officials occupying the following positions in the government whether in a
permanent, acting or interim capacity, at the time of the commission of the offense:
a. Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989,
specifically including:
i. Provincial governors, vice-governors, members of the Sangguniang Panlalawigan and provincial
treasurers, assessors, engineers, and other provincial department heads
ii. City mayors, vice-mayors, members of the Sangguniang Panlungsod, city treasurers, assessors,
engineers, and other city department heads
iii. Officials of the diplomatic service occupying the position of consul and higher
iv. Philippine army and air force colonels, naval captains, and all officers of higher rank
v. Officers of the Philippine National Police while occupying the position of provincial director
and those holding the rank of senior superintendent or higher
vi. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office
of the Ombudsman and special prosecutor
vii. Presidents, directors or trustees, or managers of government-owned or controlled corporations,
state universities or educational institutions or foundations
viii. Members of Congress and officials thereof classified as Grade 27 and up
ix. Members of the judiciary
x. Chairmen and members of Constitutional Commissions
xi. All other national and local officials classified as Grade 27
5. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials
and employees mentioned above in relation to their office
6. Civil and criminal cases filed pursuant to and in connection with the ill-gotten wealth of Marcos and his
family members and cronies that are filed and prosecuted by the PCGG

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NOTE:
• The information for the aforementioned offenses, in order to be under the exclusive original jurisdiction
of the Sandiganbayan, must allege damage to the government or bribery arising from the same or closely
related transactions or acts in an amount exceeding 1M
• Otherwise, the RTC shall have exclusive original jurisdiction where the information
i. does not allege any damage to the government or any bribery, OR
ii. alleges damage to the government or bribery arising from the same or closely related transactions
or acts in an amount not exceeding 1M

• The modified exclusive original jurisdiction of the Sandiganbayan in relation to the expanded exclusive
original jurisdiction of the RTC shall be effective May 5, 2015. All offenses committed by covered public
officers prior to May 5, 2015, shall still be under the Sandiganbayan
• In case private individuals are charged as co-principals, accomplices, and accessories with the public
officers, they shall be tried jointly with the public officers
• Sandiganbayan has jurisdiction not only over graft and corrupt practices but over such other offenses
committed by public officers and employees, including those in GOCCs, in relation to their officer as may be
determined by law

SUMMARY
Damage + more than 1M Sandiganbayan
Bribery + more than 1M Sandiganbayan
Damage + not exceeding 1M RTC
Bribery + not exceeding 1M RTC
No damage or no bribery RTC

APPELLATE JURISDICTION
Cases decided by the RTC filed against lower-level public officials or those classified as Grade 26 and lower, involving
1. Violations of RA 3019
2. RA 1379
3. Direct/indirect bribery and corruption of public officials

NOTE:
• It is the Sandiganbayan which has jurisdiction over appeals from criminal cases where the accused is a
government employee. Pursuant to RA 8249, the Sandiganbayan shall exercise exclusive appellate
jurisdiction over final judgments, resolutions, or orders of regional trial courts whether in the exercise of
their own original jurisdiction or of their appellate jurisdiction
• In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of
the Ombudsman, through its Special Prosecutor, shall represent the People, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A (ill-gotten wealth). A private complainant in a criminal case before the
Sandiganbayan is allowed to appeal only the civil aspect of the criminal case after its dismissal by said court.
• The special civil action of certiorari is not the proper remedy to challenge a judgment conviction rendered
by the Sandiganbayan. Petitioner should have filed a petition for review on certiorari under Rule 45
• The Sandiganbayan has the authority to order the preventive suspension of an incumbent Senator
charged with violation of the provisions of the Anti-Graft and Corrupt Practices Act (RA 3019)

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 X. ADMINISTRATIVE LAW
A. GENERAL PRINCIPLES
Administrative Law - branch of public law which
• fixes the organization of the government
• determines the competence of administrative authorities and
• indicates to the individual the remedies for the violation of his rights.

Scope
• The law that governs administrative authorities (Constitution, statutes, etc.)
• The law made by administrative authorities (Rules, regulations, etc.)

Principal Subdivisions
Internal Administration External Administration
It treats of the legal relations between the government It is concerned with the legal relations between
and its administrative officers and of the legal relations administrative authorities and private interests.
that one administrative officer or organ bears to
another.

Administrative agency is the body endowed with quasi-legislative or quasi-judicial powers, or both, for the purpose
of enabling it to carry out the laws entrusted to it for enforcement or execution.
• Manner of creation
o Constitutional Provision
o Legislative Enactment
o Authority of Law
• Kinds of administrative agencies
o Administrative bodies that grant privileges (Bureau of Lands)
o Administrative bodies carrying out the actual business of government (BIR)
o Administrative bodies that perform some business service for the public (PCSO)
o Administrative bodies for regulation of business affected with public interest (LTFRB)
o Administrative bodies for regulation of private business and individuals (SEC)
o Administrative bodies for the adjudication of individual controversies because of some strong
social policy (NLRC)
o Administrative bodies making the government a private party (GSIS)
o Administrative agencies that adjudicate and decide election contests (COMELEC)

B. POWERS OF ADMINISTRATIVE AGENCIES

Discretionary vs. Ministerial
Discretionary Ministerial
The power or right conferred upon them by law to act Nothing is left to discretion. A duty performed in
officially under certain circumstances, according to the response to what has been imposed by law under
dictates of their own judgment and conscience, and not conditions specified by law not being dependent upon
controlled by the judgment or conscience of others. the officer’s judgment or discretion.

1. Quasi-Legislative (Rule-Making) Power

The authority delegated by the lawmaking body to the administrative body to adopt rules and regulations
intended to carry out the provisions of a law and implement legislative policy.
• It necessarily includes the power to amend, revise, alter, or repeal its rules and regulations.
• This is a form of delegated legislation. Valid regulations have the force and effect of law.

Tests of Valid Delegation

(1) Completeness Test → a law is complete when it sets forth therein the policy to be executed,
carried out or implemented by the delegate.
(2) Sufficient Standard Test → a law lays down a sufficient standard when it provides adequate
guidelines or limitations in the law to map out the boundaries of the delegate’s authority and
prevent the delegation from running
riot.
NOTES:
• If the law passes completeness test, no need to comply with sufficient standard test → valid
delegation
• If the law is not complete,
o But passes the sufficient standard test → valid delegation
o Fails to pass the sufficient standard test → undue delegation (unconstitutional)
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 • The rule-making power must be confined to details for regulating the mode or proceeding
to carry into effect the law as it has been enacted. The power cannot be extended to
amending or expanding the statutory requirement or to embrace matters not covered by
the statute.

b. Kinds of Administrative Rules and Regulations

LEGISLATIVE RULES INTERPRETATIVE RULES CONTINGENT RULES
Designed to implement a Rules and regulations Issued based on the existence
primary legislation by construing or interpreting the of certain facts or things upon
providing the details thereof. provisions of a statute to be which the enforcement of the
It is in the nature of enforced and they are binding law depends.
subordinate legislation. on all concerned until they are
changed. (BIR Circulars or BSP Congress may provide that a
Circulars) law shall take effect upon the
happening of future specified
This has the force and effect This is only advisory in nature. contingencies leaving to some
of a law, pursuant to a valid It need not be published other person or body the
delegation of power. It must power to determine when the
be published. specified contingency has
arisen.

c. Requisites for Validity

(1) Issued under authority of law
There must be a valid delegation of legislative power. This is granted by the charter itself, or
by the law it is supposed to enforce.

(2) Within the scope of legislative authority [not ultra vires]

Administrative bodies are allowed, under their power of subordinate legislation, to
implement the broad policies laid down in the statute by filling in the details. The resulting
IRRs must not be ultra vires as to be issued beyond the limits of the authority conferred.

(3) Promulgated in accordance with the prescribed procedure

Rules on Notice and Hearing

GR: No requirement of previous notice and hearing when:
(1) Interpretative rule
(2) Administrative regulation is of general application
(3) Internal in nature
(4) The rule is procedural
(5) The rules are merely legal opinions
(6) Substantive rules where the class to be affected is at large, and the questions to
be resolved involve the use of discretion committed to the rule-making body

EXP: Previous notice and hearing is required:

(1) When the legislature itself requires it and mandates that the regulation shall
first require the ascertainment of facts as determined from an appropriate
investigation
(2) The regulation is a settlement of a controversy between specific parties since it
is considered as administrative adjudication
(3) Rule requires determination of past events or facts
(4) Rate-fixing in the exercise of quasi-judicial authority

Rules on Publication
GR: Administrative rules and regulations must be published if their purpose is to
enforce or implement existing law pursuant to a valid delegation. Publication must
be in full.

EXP: Publication is not required:

(1) Interpretative rules and regulations
(2) Those merely internal in nature, that is, regulating only the personnel of the
administrative agency and not the public
(3) Letters of instructions issued by superiors

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 (4) It must be reasonable
a. The reasonableness depends on the reason or purpose for which a regulation is
issued.
b. Standards of Reasonableness
i. Lawful subject – must involve public welfare
ii. Lawful means – not arbitrary

Additional Requisites for Penal Rules

(1) Rule or regulation must be published in full text
(2) Law itself must declare as punishable the violation of an administrative rule or regulation
(3) Law itself should define or fix the penalty therefor
(4) The rules and regulations must be published in the Official Gazette or Newspaper of General
Circulation and archived at the UP Law Center (3 certified copies)

Filing with UP Law Center – Office of the Administrative Registrar

• Every agency shall file with the UP Law Center 3 certified copies of every rule adopted
by it. Each rule shall become effective within 15 days from the date of filing.
• Not all rules and regulations are to be filed with the UP Law Center. Only those of
general and of permanent character are to be filed. Internal rules like those which are
meant to regulate the personnel are not subject to filing with the UP Law Center.

2. Quasi-Judicial Power
It is the power of the administrative agency to determine questions of fact to which the legislative policy is
to apply, in accordance with the standards laid down by the law itself. The exercise of quasi-judicial power
is only incidental to their main function of enforcing the law.

Requisites for proper exercise of Quasi-Judicial Power

(1) Jurisdiction → power and authority given by law to hear and decide a case
a. Jurisdiction over subject matter
b. Jurisdiction over the person
(2) Due Process
a. Notice and
b. Hearing

Powers included in Quasi-Judicial Function

(1) Power to prescribe rules of procedure
a. Inherent power to prescribe rules and procedures. These rules shall remain effective
unless disapproved by the SC.
(2) Subpoena Power
a. The power to issue subpoena ad testificandum and subpoena duces tecum is not
inherent in administrative bodies, and it may be exercised only if allowed by law and
only in connection with the matter they are authorized to investigate.
b. Test for Valid Enforcement of Subpoena
i. Within the agency’s authority
ii. Information is reasonably relevant
iii. Demand is not too indefinite
(3) Contempt Power
a. It is essentially judicial and not inherent to administrative bodies. It must be expressly
granted and must be used only in the exercise of the quasi-judicial function.
b. When it exercises ministerial powers, it cannot exercise the power to punish for
contempt.

a. Administrative Due Process

The essence of due process is the opportunity to explain one’s side or seek a reconsideration of the
action or ruling complained of, and to submit any evidence a party may have in support of his
defense. HIP DESK
(1) Right to a hearing HT3D@
(2) The tribunal must act on its own independent consideration of facts and law of the case
(3) The decision must be based on evidence presented at the hearing or at least contained in
the records
(4) Decision must be supported sufficiently
(5) Tribunal must consider the evidence presented
(6) The evidence must be substantial
(7) The decision must be rendered in such a manner that parties can know various
issues involved and the reason for the decision rendered

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 NOTES:
• The essence of due process is the opportunity to be heard. A formal or trial-type hearing is
not always necessary.
• When an agency fails to afford previous notice, it may be cured by subsequently giving the
party an opportunity to be heard. MR is a means to cure the defect of notice.
• The dismissal of the criminal complaint does not affect the administrative case arising from
the same incident which gave rise to said criminal case.
• A respondent in an administrative case is not entitled to be informed of the preliminary
findings and recommendations.
• Rules of evidence are not strictly applied in proceedings before administrative bodies.
• Preliminary investigation is not a quasi-judicial proceeding. The prosecutor does not
determine the guilt or innocence of the accused. Preliminary investigation is merely
inquisitorial.

b. Administrative Appeal and Review

Where provided by law, appeal from administrative determination may be made to a higher or
superior administrative officer or body. Unless otherwise provided by law or EO, an appeal from a
decision of the agency may be taken to the Department Head.

Perfection of Administrative Appeal

Appeals shall be perfected within 15 days after the receipt of copy of the decision complained of by
the party adversely affected.
• The appeal shall stay the decision appealed from if appellate agency does not direct
otherwise.

Judicial Review
Agency decisions shall be subject to judicial review.

Submission for Decision

Questions of Law Questions of Fact and Law
Submitted to the Secretary of Justice. Submitted to Sol Gen if the dispute involves only
departments, bureaus, offices and other agencies
His ruling shall be binding on all the parties of the national government as well as GOCCs.
concerned.
Submitted to Secretary of Justice in all other
cases.

GR: The decision of the SolGen and Secretary of Justice is binding and final.
EXP: When the claim involves P1 million, the dispute is appealable to the Office of the President.

c. Administrative Res Judicata

GR: The doctrine forbids the reopening of a matter that has been determined by competent
authority. Decisions and orders rendered pursuant to quasi-judicial authority have, upon
their finality, the force and binding effect of a final judgment.

EXP:
(1) In labor relations proceedings considering that the rules implementing the Labor Code
provides that such proceedings are non-litigious and summary in nature without regard to
legal technicalities obtaining in the courts of law.
(2) In case of judgment rendered on a null contract. This is because there is no valid judgment
which can be predicated on res judicata.

Essential requisites:
(1) Former judgment must be final
(2) It must have been rendered by a court having jurisdiction of the subject matter and the parties
(3) It must be a judgment on the merits
(4) There must be, between the first and second actions, identity of
a. Parties
b. Subject matter and
c. Cause of action.

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 3. Fact-Finding, Investigative, Licensing, and Rate-Fixing Powers
Fact Finding or Investigative Power
Includes the power to inspect the records and premises and investigate the activities of persons or entities
coming under its jurisdiction to secure or require the disclosure of information.
• An administrative agency may conduct general inquiries into evils calling for correction and to report
findings to appropriate bodies and make recommendations for actions. .

Licensing Power
For the granting of certain privileges. This is a quasi-judicial function.
A license may not be withdrawn, except for (1) violation of pertinent laws, rules and regulations, or (2) when
public health and safety requires.
An existing license shall not expire if the licensee makes a timely application for the renewal.

Rate-Fixing Power
The regulation of rates to be charged by public utilities is founded upon the police powers of the State and
statutes prescribing rules for the control and regulation of public utilities are a valid exercise thereof.
• Prescribing rates is either legislative or adjudicative.
Legislative Function Quasi-Judicial Function
When the rules and/or rates laid down by an When the rules and rates imposed apply
administrative agency are meant to apply too all exclusively to a particular party, based upon a
enterprises of a given kind throughout the finding of fact, then its function is quasi-judicial
country, they may partake of a legislative in character.
character.
The grant of prior notice and hearing is not a Prior notice and hearing are essential to the
requirement for due process. validity of such rates.
• An administrative agency may be empowered to approve provisionally, when demanded by urgent
public need, rates of public utilities without a hearing. → PROVISIONAL RATES
• Any subsequent rate adjustments are mandated by law to undergo both the requirements of public
hearing and publication.

C. DOCTRINES OF PRIMARY JURISDICTION AND EXHAUSTION OF ADMIN REMEDIES

DOCTRINE OF DOCTRINE OF
PRIMARY JURISDICTION EXHAUSTION OF ADMINISTRATIVE REMEDIES
The doctrine holds that if a case is such that its Recourse through court action cannot prosper until
determination requires the expertise, specialized after all such administrative remedies have first been
training and knowledge of the proper administrative exhausted. If remedy is available within the
bodies, relief must first be obtained in an administrative administrative machinery, this should be resorted to
proceeding before a remedy is supplied by the courts before resort can be made to courts.
even though the matter is within the proper jurisdiction
of the court. When applicable?
• If subject of controversy is validity of rule issued
pursuant to its quasi-judicial function →
doctrine of exhaustion of administrative
remedies applies.
• If subject of controversy is validity of rule issued
pursuant to its quasi-legislative function → no
need to exhaust administrative remedies
Failure to observe the exhaustion of administrative
remedies does not affect the court’s jurisdiction. Thus,
the doctrine may be waived.
The court may raise the issue of primary jurisdiction Appeal to the Office of the President
motu proprio and its invocation cannot be waived by • A decision issued by a department or agency
the failure of the parties to argue it, as the doctrine need not be appealed to the OP when there is a
exists for the proper distribution of power between special law that provides for a different mode of
judicial and administrative bodies and not for the appeal.
convenience of the parties. • If there is no special law providing for mode of
appeal, the appeal is made to the OP consistent
with the President’s power of control over all
executive departments.

NOTE: The Doctrine of Primary Jurisdiction and the Doctrine of Exhaustion of Administrative Remedies are not
ironclad rules. These are subject to various exceptions such as estoppel or circumstances warranting immediate
judicial intervention.

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 XI. ELECTION LAW
A. SUFFRAGE

1. Qualifications and Disqualifications of Voters

QUALIFICATIONS DISQUALIFICATIONS
1. Citizen of the Philippines 1. Sentenced by final judgment to suffer
2. Not disqualified by law imprisonment of not less than 1 year,
3. At least 18 years old such disability not having been removed by
4. Resident of the Philippines for at least 1 plenary pardon or amnesty.
year
5. Resident of the place wherein he proposes NOTE: Such person shall automatically
to vote for at least 6 months immediately reacquire the right to vote upon expiration
preceding the election of 5 years after service of sentence.

NOTES: 2. Conviction by final judgment of having

• No literacy, property, or other substantive committed:
requirement can be imposed on the a. any crime involving disloyalty to the
exercise of suffrage. duly constituted government such as
• A voter is qualified if the age and residence rebellion, sedition,
requirements are met on the day of the b. violation of the firearms laws or
election. c. any crime against national security
• These qualifications are continuing unless restored to his full civil and
requirements. political rights in accordance with law.
• Congress cannot add qualifications but can
provide for procedural requirements (e.g., NOTE: Such person shall automatically
registration) and disqualifications. reacquire the right to vote upon expiration
of 5 years after service of sentence.

3. Insane or incompetent persons declared

as such by competent authority unless
subsequently declared by proper authority
that such person is no longer insane or
incompetent.

Citizenship
• Former natural-born Filipino citizens who acquired foreign citizenship thru naturalization are
deemed not to have lost their Philippine citizenship.
• For dual citizens:
o To vote → he must swear an oath of allegiance
o To be elected or appointed to public office → he must swear an oath of allegiance AND
renounce all foreign citizenship

Residence
• Refers to one’s domicile. It is where a party actually or constructively has his permanent home, or
where he, no matter where he may be found, eventually intends to return and remain.
• Elements:
o Physical presence in the country
o Intention to remain
o Intention to abandon the old domicile
o It must be voluntary
• To successfully effect a transfer of domicile, there must be:
o Animus manendi → intention of abandoning the former place of residence
o Animus non revertendi → intention not to return to old domicile

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2. Registration and Deactiviation
Registration
• It does not confer the right to vote. It is just a condition precedent to the exercise of the right.
• It is the act of accomplishing and filing of a sworn application for the registration by a qualified
voter before the election officer of the city or municipality wherein he resides and including the
same in the book of registered voters upon approval by the Election Registration Board.
• System of Continuing Registration of Voters
o The personal filing of application of registration of voters shall be conducted daily during
regular office hours.
o No registration shall be conducted during the period staring:
▪ 120 days before a regular election and
▪ 90 days before a special election.
• The biometrics registration requirement is not a qualification to the exercise of the right to suffrage,
but a mere aspect of the registration procedure of which the State has the right to reasonably
regulate.

Deactivation
• It is the removal of the registration records of certain persons from the corresponding precinct
book of voters and placing the same in the inactive file, properly marked deactivated and dated in
indelible ink, after entering the cause of deactivation.
• Grounds for Deactivation
o Convicted by final judgment to suffer imprisonment of not less than 1 year
o Disloyalty
o Insanity
o Loss of citizenship
o Failed to vote for 2 successive preceding regular elections
o Registration was ordered excluded by the court
o Failure to submit biometrics validation

3. Inclusion and Exclusion Proceedings

JURISDICTION
• MTC shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters
in their respective cities or municipalities.
• Decision may be appealed to RTC within 5 days from receipt of notice thereof.
• RTC shall decide the appeal within 10 days from the time it received, and the decision shall
immediately become final and executory. No MR shall be entertained.

INCLUSION CASES EXCLUSION CASES

May be filed any time, except: May be filed any time, except:
• 105 days before regular elections or • 100 days before regular elections or
• 75 days before special elections. • 65 days before special elections

Grounds: Grounds:
1. Application for registration has been 1. Not qualified
disapproved by the Election Registration 2. Possessing disqualifications
Board 3. Flying voters
2. Name has been stricken out 4. Ghost voters

This requires a sworn petition.

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 4. Local and Overseas Absentee Voting
• Overseas Voting refers to the process by which qualified citizens of the Philippines abroad
exercise their right to vote.
o Qualifications
▪ Citizens of the Philippines abroad
▪ Not disqualified by law
▪ At least 18 years old
o Disqualifications
▪ Loss of Philippine citizenship
▪ Expressly renounced their Philippine citizenship
▪ Convicted by final judgment by a Philippine court of offenses punishable by
imprisonment of not less than 1 year
▪ Any citizen abroad previously declared insane or incompetent
o Overseas voters may vote only for:
▪ President
▪ Vice President
▪ Senators
▪ Party List Representatives
▪ In all national referenda and plebiscites.
o Under RA 10590, overseas voters are no longer required to execute an affidavit of intent to
resume actual physical permanent residence in the Philippines that was previously
required by RA 9189.
• Vote in Absentia
o Every qualified Filipino citizen abroad previously registered as a voter may file with an
embassy, consulate or other foreign service establishment an application to vote in
absentia.
• Voting by Mail
o Voting by mail is allowed only for qualified overseas absentee voters or voting in absentia.

5. Detainee Voting
• Detainee is any person:
o confined in jail
▪ formally charged for any crime and
▪ awaiting or undergoing trial, or
o serving a sentence of imprisonment for less than 1 year
o whose conviction of a crime involving disloyalty to the government is on appeal.
• Escorted Voting
o This is a voting mechanism for:
▪ Detainee voters who are residents of municipalities or cities other than the place of
incarceration
▪ Detainee voters in jail facilities where no special polling places are established
o Detainee voters may only vote for the national positions (President, Vice President,
Senators, and Party Lists).

ELECTION AUTOMATION LAW

The Automated Election System (AES) is a system using appropriate technology which has been demonstrated in the
voting, counting, consolidating, canvassing, and transmission of election results, and other electoral processes.
• AES involves voting, counting, consolidating, canvassing and transmission but not proclamation.
• Random Manual Audit → Where the AES is used, there shall be a random manual audit in one precinct per
congressional district randomly chosen by the COMELEC in each province and city.
• COMELEC may conduct automated election even if there is no pilot testing.
• The Voter Verification Paper Audit Trail (VVPAT) ensures that the candidates selected by the voter in his or
her ballot are the candidates voted upon and recorded by the vote-counting machine.
• The power and duty of the COMELEC to administer election laws and to have control and supervision over
the automated elections is not incompatible with the decision to subcontract services that may be better
performed by those who are well-equipped to handle complex technological matters with respect to the
implementation of the AES. The subcontractor cannot act independently of the COMELEC.

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B. CANDIDACY

1. Qualifications and Disqualifications of Candidates

QUALIFICATIONS
For National Positions,

President &
Senator Member of HOR Party List Nominee
Vice President
1. Natural-born 1. Natural-born 1. Natural-born 1. Natural-born
citizen citizen citizen citizen
2. Registered voter 2. Registered voter 2. Registered 2. Registered
3. Able to read and 3. Able to read and voter in the voter
write write district in which 3. Able to read and
4. At least 40 years 4. At least 35 years he shall be write
old on the day of old elected 4. At least 25 years
election 5. Resident of PH 3. Able to read and old
5. Resident of PH for at least 2 write 5. Resident of the
for at least 10 years 4. At least 25 years PH for at least 1
years immediately old year
immediately preceding 5. Resident of the 6. Bona fide
preceding such election day district for at member of the
election least 1 year party which he
seeks to
represent for at
least 90 days
preceding
election day

NOTE: In case of
nominee of the youth
sector, he must be at
least 25 years old but
not more than 30 years
old.

For Local Positions,

1. CITIZENSHIP → Citizen of the Philippines (whether natural-born or naturalized)
2. REGISTERED VOTER
3. RESIDENCY → Resident of the district, municipality, city or province where he proposes to be
elected, as the case may be, for at least 1 year immediately preceding the day of election
4. ABLE TO READ AND WRITE Filipino or any other local language or dialect.
5. AGE → Must be at least

[PROVINCE] Governor, Vice Governor, or Member of 23

Sangguniang Panlalawigan
[HUCs] Mayor, Vice Mayor, or Member of Sangguniang 23
Panlungsod
[CITY OR MUNICIPALITY] Mayor or Vice Mayor of an 21
independent component city, component city, or
municipality
[CITY OR MUNICIPALITY] Members of Sangguniang 18
Panlungsod or Sangguniang Bayan

[BARANGAY] Punong Barangay or Member of the 18

Sangguniang Barangay
Sangguniang Kabataan 18 – 24

NOTES:
• For national elective positions, the candidate must be natural-born citizen.
• For local elective positions, the candidate may be naturalized citizen.
• Congress may not add to the qualifications for elective officials provided in the Constitution.
• Congress may add qualifications for elective officials not provided in the Constitution.
• Qualifications of local elective officials must be possessed at the time of assumption of office.

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DISQUALIFICATIONS FOR LOCAL ELECTIVE OFFICIALS

1987 Constitution
1. Three-Term Limit
• This is not a ground for a petition for disqualification, however, it is an ineligibility which is a
proper ground for a petition to deny due course to or to cancel COC.
• 2 conditions must concur:
o Official has been elected for 3 consecutive terms in the sale Wa local government post
o He has fully served 3 consecutive terms
• When it was only upon the favorable decision in a petition for correction of manifest error
that a candidate was proclaimed as the duly-elected official, he is deemed not to have served
office for the full term to which he is supposedly entitled, since he only assumed the post and
served the unexpired term of his opponent.

Omnibus Election Code

Section 12 OEC
1. Any person declared by competent authority insane or incompetent
2. Any person sentenced by final judgment for any of the following offenses:
a. Insurrection or rebellion
b. Offense for which he was sentenced to penalty for more than 18 months
c. Crime involving moral turpitude
} deemed removed
after lapse of b- years

Section 68 OEC
3. A permanent resident to or immigrant to foreign country, unless he waives such status
4. Any candidate who is declared by final decision guilty of
a. having given money or other material consideration to influence or corrupt the voters,
b. committed acts of terrorism to enhance his candidacy,
c. spent in his election campaign an amount in excess of that allowed by the Code,
d. solicited, received, or made any prohibited contribution

Local Government Code

1. Those sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by 1 year or more of imprisonment, within 2 years after serving sentence
2. Those removed from office as a result of an administrative case
3. Those convicted by final judgment for violating the oath of allegiance to the Republic
4. Those with dual citizenship [pertaining to dual allegiance]
5. Fugitives from justice in criminal or non-political cases here or abroad
6. Permanent residents in a foreign country or those who have acquired the right to reside abroad
7. The insane or feeble-minded

Disqualification in Special Elections (to fill vacancy in an elective office)

1. Disqualifications provided under OEC
2. Disqualifications provided under LGC
3. Any elective official who has resigned from his office by accepting an appointive office or for
whatever reason which he previously occupied but has caused to become vacant due to his
resignation
4. Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates, or actually
causes, inflicts, or produces any violence, injury, punishment, torture, damage, loss or disadvantage
to any person/s aspiring to become a candidate.

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2. Filing of Certificates of Candidacy
Certificate of Candidacy
A statement of a person seeking to run for a public office certifying that:
• he announces his candidacy for the office,
• the name of the political party to which he belongs if he belongs to any, and
• his post office address for all election purposes being stated.

NOTES:
• COC must be filed personally or by representative. No COC shall be accepted if filed by mail,
telegram or facsimile.
• The receiving officers shall have the ministerial duty to receive and acknowledge receipt of the COC.
• COC cannot be cancelled on the ground that it failed to specify the position sought if the information
omitted is supplied in the certificate of nomination and amended COC.
• No person shall be eligible for more than 1 office. If he files more than 1 position, he shall not be
eligible for all unless he cancels all and retains one.

a. Effect of Filing
Any person who files his COC within the period shall only be considered as a candidate at the start
of the campaign period for which he filed his COC.
• Unlawful acts or omissions applicable to a candidate shall take effect only upon the start of
the aforesaid campaign period.
o Any act done before the start oof the campaign period is lawful.
• If the COC is void ab initio, the candidate is not considered a candidate from the very beginning
even if his COC was cancelled only after elections.
• Any person holding a public appointive office or position, including active members of the
armed forces, and officers and employees in GOCCs shall be considered ipso facto resigned
from his or her office and must vacate the same at the start of the day of the filing of his COC.
o For elective officials, they will continue to hold office, whether they run for the same
or different position.

b. Substitution and Withdrawal of Candidates

Grounds for Substitution
• Death
• Withdrawal
• Disqualification

GR: If after the last day for the filing of the COC, an official candidate of a registered political party
dies, withdraws or is disqualified for any cause, substitution of candidates is allowed.
o In case of death or disqualification, the substitute may file his COC up to mid-day of
election day,
o In case of withdrawal, the substitute can only file his COC within the period fixed by
Comelec. (Federico vs. Comelec)
▪ If made beyond the period fixed (meaning after the printing of ballots), the
substitute’s name can no longer be accommodated. Thus, he will not be
considered a valid candidate.
o Substitution is not allowed for independent candidates since the substitute must
belong to the same political party.
o The substitute must be a member of the party concerned, regardless of the period of
time. Thus, he can be nominated even if he only became a member after the death,
withdrawal or disqualification of the original candidate. (Sinaca vs. Mula)
o If the candidate dies or is disqualified
▪ October 1-8 to November 15 – can be validly substituted, need not have the
same surname
▪ November 16 to election day (May 9) – can be validly substituted by a person
having the same surname

EXP: A candidate for a barangay elective office, notwithstanding the policy that barangay
elections are non-partisan can be substituted by his or her spouse. [not required to belong to
any political party]

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 RULES ON SUBSTITUTION:
• A person without a valid COC cannot be considered a candidate, and therefore cannot be
substituted.
• Substitution is not allowed when the original candidate was disqualified based on:
o Ground of material misrepresentation
o When the COC was cancelled because of violation of 3-term limit
o Failure to meet 1-year residency requirement
• Substitute candidate may file his COC no later than mid-day of election day
• No person who has withdrawn his candidacy for a position shall be eligible as a substitute
candidate for any other position
• The substitute candidate must be qualified to hold office and must be a member of and
nominated by the same political party.
• The filing of the withdrawal shall not affect the civil, criminal or administrative liabilities
the substituted candidate may have already incurred.
• A candidate who is disqualified under Section 68 of OEC can be validly substituted because
he remains a candidate until disqualified.
• A candidate whose COC has been denied due course or cancelled under Section 78 (material
misrepresentation in COC as to eligibility and qualifications) cannot be substituted because
he is not considered a candidate.
• In the absence of a petition to deny due course or cancel the COC, the Comelec cannot
declare the original candidate, being underage, to not have filed a valid COC. Thus, the
original candidate can be substituted.
• In case of valid substitutions, the votes cast for the substituted candidates are considered
stray, except if the substitute candidate has the same surname.
• Take note the difference with a COC that has been denied due course or cancelled under
Section 78.
o Here, the COC is void ab initio and cannot give rise to a valid candidacy. Therefore,
the votes cast in favor of a candidate whose COC was cancelled (either before or
after the elections) are considered stray. Consequently, the 2nd highest number of
votes will be declared the winner.

Withdrawal of Candidates
Nothing in the law mandates that the affidavit of withdrawal must be filed with the same office
where the COC to be withdrawn was filed. Thus, it can be file at:
• Comelec main office
• Office of regional election director
• Office of the provincial election supervisor
• Office of the election officer

Revival of COC
The withdrawal of the withdrawal (meaning to revive the COC) must be made within the period
provided by law for the filing of COC.

c. Nuisance Candidates
The Comelec may motu proprio or upon a verified petition of an interested party, refuse to give
due course to or cancel a COC if it is shown that said certificate has been filed:
• to put the election process in mockery or disrepute or
• to cause confusion among the voters by the similarity of the names of the registered
candidates or
• by other circumstances or acts which clearly demonstrate that the candidate has no bona fide
intention to run for the office for which the COC has been filed and thus prevent a faithful
determination of the true will of the electorate.

NOTES:
• Comelec cannot motu proprio deny due course to or cancel an alleged nuisance candidate’s
COC without providing the candidate his opportunity to be heard.
• Comelec must determine through factual determination and not just declare a nuisance
candidate.
• Votes cast for a nuisance candidate (declares as such before elections) should not be
considered as stray, but should be counted in favor of the legitimate candidate with the same
surname.

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d. Duties of the COMELEC
Section 76. Ministerial duty of receiving and acknowledging receipt
The Comelec, provincial election supervisor, election registrar or officer designated by the
Commission or the board of election shall have the ministerial duty to receive and acknowledge the
receipt of the COC.

GR: Comelec may only look for patent defects.

EXP: Instances when Comelec may go beyond the face of the COC:
(1) Nuisance candidates
a. To put the election process in mockery or disrepute
b. To cause confusion among voters
c. Candidate has no bona fide intention to run for office
(2) Petition to deny due course or to cancel a COC
a. Material representation that is false
b. Petition may be filed not later than 25 days from the filing of the COC
c. Shall be decided not later than 15 days before election
d. Jurisdiction is with Comelec in Division (not en banc)

Disposition of Election Cases

COMELEC may sit
1. en banc or
2. in 2 divisions.
It shall promulgate its rules of procedure in order to expedite disposition of election cases, including
pre-proclamation controversies. All such election cases shall be heard and decided in division,
provided that MR of decisions shall be decided by the Comelec en banc.

Election Period
Unless otherwise fixed by the COMELEC in special cases, the election period shall commence 90
days before the day of the election and shall end 30 days after.

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C. CAMPAIGN
1. Premature Campaigning
It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of
persons, to engage in an election campaign or partisan political activity except during the campaign period.

Is there really a pre-mature campaigning?

NONE. The filing of COC does not make one immediately a candidate. You will be considered a candidate only
during the campaign period. Thus, acts committed prior to election campaign are not punishable.

A candidate is liable for an election offense only for acts done during the campaign period, not before. The
law is clear as daylight - any election offense that may be committed by a candidate under any election law
cannot be committed before the start of the campaign period.

2. Prohibited Contributions
No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the
following:
1. Public or private financial institutions (but the candidate is not prevented from making any loan)
2. Public utility or those exploiting natural resources of the nation
3. Persons with contracts to supply the government with goods/services or to perform construction
or other works
4. Grantees of franchises, incentives, exemptions or other privileges
5. Persons who, within 1 year, have been granted loans or other accommodations in excess of
P100,000 by the government
6. Educational institutions which have received grants of public funds not less than P100,000
7. Officials or employees in the Civil Service, or members of AFP
8. Foreigners and foreign corporations
NOTE: Under the Revised Corporation Code, only foreign corporations are prohibited. Thus,
domestic corporations can now make reasonable contributions.

NOTES:
• It shall be unlawful for any person, including a political party or public or private entity to solicit or
receive, directly or indirectly, any aid or contribution of whatever form or nature from any foreign
national, government or entity for the purposes of influencing the results of the election.
• Electoral contributions (in cash or in kind) for campaigning purposes, duly reported to the COMELEC,
shall not be subject to the payment of any gift tax.
• The unspent balance from any contribution shall be subject to income tax.

3. Lawful and Prohibited Election Propaganda

Election propaganda, whether on TV, radio or newspaper or any other medium, is allowed for all registered
political parties, national, regional, sectoral parties participating under the party-list elections, and for all
bona fide candidates seeking national and local elective positions, subject to:
• the limitation on authorized expenses of candidates and political parties,
• observance of truth in advertising, and
• to the supervision and regulation by the COMELEC.

Lawful Election Propaganda

(1) Pamphlets, leaflets, cards (8.5in x 14in)
(2) Handwritten or printed letters urging voters to vote for or against any candidate
(3) Cloth, paper, cardboard posters (2ft x 3ft)
(4) Paid advertisements in print or broadcast media
a. 120 minutes limit for TV (per station) for national candidates (60 mins for local)
b. 180 minutes limit for radio (per station) for national candidate (90 mins for local)
(5) All other forms of election propaganda not prohibited by this Code

Diocese of Bacolod vs. COMELEC

COMELEC does not have the authority to regulate the enjoyment of the preferred right to freedom of
expression exercised by a non-candidate. Regulation of speech in the context of electoral campaigns made
by persons who are not candidates or who do not speak as members of a political party is unconstitutional.

HOWEVER, regulation of election paraphernalia will still be constitutionally valid if it reaches into speech of
persons who are not candidates, only if what is regulated is declarative speech that, taken as a whole, has for
its principal object the endorsement of a candidate only. The regulation must only be with respect to time,
place and manner of the rendition of message. In no situation may the speech be prohibited or censored on
the basis of its content.

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 NOTES:
• Candidates may post any lawful propaganda material in private places with the consent of the owner
thereof, and in public places or property which shall be allocated equitably and impartially among
the candidates.
• Prohibition of publication of election surveys 15 days before a national election or 7 days before a
local election is held to be invalid because:
o It imposes a prior restraint on the freedom of expression
o It is a direct and total suppression of a category of expression even though such suppression
is only for a limited period
o The governmental interest sought to be promoted can be achieved by means other than
suppression of freedom of expression.
• The holding of exit polls and the dissemination of their results thru mass media constitute an
essential part of the freedoms of speech and of the press. Hence, the COMELEC cannot ban them
totally in the guise of promoting clean, honest, orderly and credible elections.

4. Limitations on Expenses
Authorized expenses (for every registered voter)
President and Vice President P10
Other Candidates P3
• With political party OR
• With political support
Independent Candidates P5
• Without political party AND
• Without political support
Political parties P5

NOTES:
• Lawful Expenses:
o Traveling expenses
o Compensation of campaigner, clerks
o Telegraph and telephone tolls, postages, freight
o Stationary, printing and distribution of printed matters
o Employment of watchers at the polls
o Rent, maintenance and furnishing of campaign HQ, office, or place of meetings
o Political meetings and rallies
o Advertisements
o Employment off counsel
o Printing sample ballots
o Copying and classifying list of voters, investigating and challenging the right to vote
NOTE: The last 3 are not charged against the allowable expenditure limits.
• Failure to comply constitutes an election offense.

5. Statement of Contributions and Expenses (SOCE)

Not later than 30 days after the day of election,
• every candidate shall file in triplicate with the offices of the Commission where he filed his COC,
except for national positions which should be filed with the Campaign Finance Unit, a full, true and
itemized statement of all contributions and expenditures in connection with the elections.
• the treasurer of every party that participated in the elections shall file with the Campaign Finance
Unit of the COMELEC a party’s statement of election contributions and expenses.

Consequences for the Non-Filing of SOCE

• No person elected to any public offices shall enter upon the duties of his office until he has filed the
SOCE.
• The same prohibition shall apply if the political party which nominated the winning candidate fails
to file the SOCE within the required period.
• Except candidates for elective barangay office, failure to file the statements or reports in connection
with electoral contributions and expenditures required herein shall constitute an administrative
offense for which the offenders shall be liable to pay an administrative fine ranging from P1,000 to
P30,000 in the discretion of the Commission.
o For commission of a 2nd or subsequent offense, the administrative fine shall be from P2,000
to P60,000 in the discretion of the Commission, plus perpetual disqualification to hold
public office.

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D.REMEDIES AND JURISIDICTION
Decisions of COMELEC
The Commission shall decide by a majority vote of all its members [not merely those who participated in the
deliberations and voted thereon] any case or matter brought before it within 60 days from the date of its submission
for decision or resolution.
• All such election cases shall be heard and decided in division.
• Motions for reconsideration of decisions shall be decided en banc.

DIVISION AND EN BANC CASES

Cases which must first be heard and decided Cases which are heard and decided
IN DIVISION EN BANC
1. All election cases, including pre-proclamation 1. Motion for reconsideration of a decision of a
contests, originally cognizable by the division
COMELEC in the exercise of its powers under
Sec. 2 (2), Art. IX-C of the Constitution. 2. Petition for correction of manifest errors
alleging an erroneous copying of figures from
NOTE: In Sarmiento v. Comelec (212 SCRA 307), the election return to the Statement of Votes by
the Supreme Court set aside the resolutions of precinct.
the Comelec in this and several companion
cases, because the Comelec en banc took NOTE: Such an error in the tabulation of results,
original cognizance of the cases without which merely requires a clerical correction
referring them first to the appropriate Division. without opening the ballot boxes or examining
the ballots, demands only the exercise of the
2. Petition to cancel a certificate of candidacy administrative power of the Comelec. Hence,
the Comelec en banc may properly assume
3. Petition for certiorari from the decision of the jurisdiction.
RTC or MTC
3. Prosecute cases of violation of election
NOTE: in Zarate v. Comelec, where the appeal laws—involves exercise of administrative
from the decision of the MTC in an election case powers.
involving the SK Chairman of Barangay lean,
Malasigui, Pangasinan, was directly taken 4. Cases when Commission does not exercise
cognizance of by the Comelec en banc, the its adjudicatory or quasi-judicial powers, i.e.
Supreme Court set aside the Comelec decision purely administrative functions.
because the appeal should have been referred
first to the appropriate Division. 5. Postponement of elections or declaration of a
failure of elections.
4. Cases appealed from the RTC or MTC.
6. Calling of a special election.

NOTES:
1. Only decisions of the Comelec En Banc may be brought to the Supreme Court on certiorari (as a special civil
action under Rule 65 of the Rules of Court).
2. Only decisions of the Comelec made in the exercise of its adjudicatory or quasi-judicial power may be brought
to the Supreme Court on certiorari.

What is the procedure if the opinion is equally divided?

When the Comelec en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall be
reheard, and if on rehearing, no decision is reached
• The action or proceeding shall be dismissed if originally commenced
• The judgment or order appealed shall stand affirmed, if appealed case
• The petition is denied, in all incidental matters.

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ELECTION OFFENSES
Prohibited Acts Electoral Sabotage
Among others, (1) Any person or member of the BEI or board of
a) Vote-buying and vote-selling. canvassers who tampers, increases or
b) Wagering upon the result of the election. decreases the votes received by a candidate in
c) Threats, intimidation, terrorism, use of any election or,
fraudulent device or other forms of coercion. (2) Any member of the board who refuses after
d) Appointment of new employee (except in case proper verification and hearing, to credit the
of urgent need, with notice given to the Comelec correct votes or deduct such tampered votes,
within three days from the appointment),
creation of new positions, promotion, or Provided, however, That when the tampering, increase
granting salary increases. or decrease of votes or the refusal to credit the correct
e) Carrying of deadly weapon within a radius of votes and /or to deduct tampered to deduct tampered
100 meters from precinct. votes are perpetrated on large scale or in
f) Transfer or detail of government substantial numbers, the same shall be considered
official/employee during the election period NOT as an ordinary election offense but a special
without Comelec approval. election offense to be known as electoral sabotage
and the penalty to be imposed shall be life
imprisonment.

Good faith is not a defense

Election offenses are generally mala prohibita. Proof of criminal intent is not necessary.

Jurisdiction over election offenses:

COMELEC RTC MTC
Investigation and prosecution. Trial and decision Only over offenses relating to failure
to register or failure to vote.
However, the COMELEC may validly
delegate the power to the
Provincial Prosecutor.

Prescription period for election offenses:

Five (5) years from date of commission.

1. Petition not to give due course or cancel a COC

For FALSE MATERIAL REPRESENTATION For NUISANCE
Section 78 Section 69
A verified petition seeking to deny due course or to The Commission may
cancel a COC may be filed by the person exclusively (1) motu proprio or
on the ground that any material representation (2) upon a verified petition of an interested
contained therein as required under Section 74 party,
hereof (eligibility or qualifications) is FALSE. refuse to give due course to or cancel a COC if it is
shown that said certificate has been filed
The petition may be filed at any time not later than (1) to put the election process in mockery or
25 days from the time of the filing of the COC and disrepute or
shall be decided, after due notice and hearing, not (2) to cause confusion among the voters by the
later than 15 days before the election. similarity of the names of the registered
candidates or
NOTES: (3) by other circumstances or acts which
• The ground is exclusive, i.e., statement of clearly demonstrate that the candidate has
material representation that is false. no bona fide intention to run for the office
• The false representation must pertain not for which the COC has been filed and thus
to a mere innocuous mistake but to a prevent a faithful determination of the true
material fact or those that refers to a will of the electorate.
candidate’s qualification for elective office.
• The person whose certificate is cancelled or
denied due course is not treated as a
candidate at all, as if he never filed a COC.
• Do NOT confuse with LGC Section 40, OEC
Section 12 or 68 petition which refer to a
petition for disqualification. A person
disqualified is only prohibited to continue as
a candidate. Thus, he can be validly
substituted because he remains a candidate
until disqualified.

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2. Petition for disqualification
Recall the Grounds for Disqualifications under:
(1) Local Government Code, Section 40
(2) Omnibus Election Code, Section 12
(3) Omnibus Election Code, Section 68

Aspects of Disqualification Cases

Electoral Aspect Criminal Aspect
Primary issue is whether or not the offender should Primary issue is whether or not there is probable
be disqualified from being a candidate or from cause to charge a candidate for an election offense.
holding office.
The prosecutor is the COMELEC through its Law
Neither a prior conviction nor even a determination Department, which determines whether or not
of probable cause is then a requirement before a probable cause exists.
Petition for Disqualification can be lodged.
If there is probable cause, COMELEC files the
Proceedings are summary in character and require criminal information before the proper court.
only clear preponderance of evidence. Proceedings before the proper court demand a full-
blown hearing and require proof beyond
The electoral aspect may proceed independently of reasonable doubt.
the criminal aspect, and vice versa.
A criminal conviction shall result in the
disqualification of the offender, which may even
include disqualification from holding a future public
office.

Who is the declared winner?

(1) If the disqualification becomes final BEFORE the elections
a. He is no longer a candidate
b. The votes cast on him are stray (should not be counted)
c. 2nd Placer wins, because he gets highest votes among the qualified candidates
(2) If the disqualification becomes final AFTER the elections (meaning, not yet final before elections)
a. He is still a candidate
b. 2nd Placer will not be a winner [Doctrine of Rejection of Second Placer]
c. Succession Rules will apply

NOTES:
• A COMELEC resolution declaring a candidate disqualified for the position is not yet final if a
motion for reconsideration has been timely filed. At that point, he still remains qualified and
his proclamation thereafter is valid.
• The Supreme Court has no power to review on certiorari an interlocutory order or even a
final resolution issued by a Division of the COMELEC. The remedy is to seek the review of the
interlocutory order during the appeal of the decision of the Division in due course.

Petition for Disqualification vs. Petition to Deny Due Course or Cancel COC
PETITION FOR DISQUALIFICATION PETITION TO DENY DUE COURSE/CANCEL COC
Section 12 OEC Section 78 OEC (Statement of Material
Section 68 OEC Representation which is False)
Section 40 LGC
A person disqualified is merely prohibited to The person whose COC is cancelled or denied due
continue as a candidate. course is not treated as a candidate at all, as if never
filed a COC.
Can be validly substituted because he remains a Cannot be substituted because he is never
candidate until disqualified. considered a candidate.
HOWEVER, if the candidate is disqualified after If COC is cancelled or denied due course after
assumption of office, he shall vacate the position, assumption of office, he shall vacate the position,
and succession under LGC shall apply. and the 2nd Placer will be declared as winner.

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3. Failure of Election vs. Annulment of Election Results
FAILURE OF ELECTIONS ANNULMENT OF ELECTION RESULTS
If election— 2 Requisites for Annulment of Election Returns
1. has not been held on the date fixed (1) More than 50% of the total number of
2. has been suspended before the hour fixed votes in the precincts were involved
by law for the closing of the voting (2) The votes much be shown to have been
on account of OFF TV affected or vitiated by such fraud,
1. violence irregularities or terrorism.
2. terrorism
3. fraud NOTES:
4. force majeure and
• COMLEC may conduct a technical
5. other analogous instances.
examination of election documents and
after voting and during the preparation and
compare and analyze voters’ signatures and
transmission of the election returns, or in the
fingerprints in order to determine whether
custody or canvass thereof, such election results in
or not the elections had indeed been free,
the failure to elect on the ground of OFF TV.
honest and clean.
• The fact that a candidate proclaimed has
COMELEC shall, on the basis of a verified petition
assumed office does not deprive the
and after due notice and hearing, call for the
COMELEC of its authority to annul any
holding or continuation of the election not held on
canvass and illegal proclamation.
a date reasonably close to the date of the election
• !!! Whether an action is for declaration of
not held but not later than 30 days after the
failure of elections or for annulment of
cessation of the cause of postponement, suspension
election results, based on allegations of
of election, or failure to elect.
fraud, terrorism, violence or analogous
cause, the OEC denominates them similarly.
o Thus, COMELEC is duty bound to
investigate allegations of fraud,
terrorism, violence and other
analogous causes
o The petition to declare a failure of
election, and/or to annul election
results, must show on its face that
the conditions necessary to declare a
failure to elect are present.
• The law does not provide for a reglementary
period in filing a petition for annulment of
elections.
• COMELEC commits GAD when, confronted
with essentially similar situations, it takes
cognizance of a petition to annul the election
results in one municipality yet dismisses a
petition to annul election results in other
municipalities.

4. Pre-Proclamation Controversy
(1) Any question pertaining to or affecting the proceedings of the board of canvassers which may
be raised by any candidate or by any registered political party or coalition of political parties before
the board or directly with the Comelec, or
(2) Any matter raised in relation to the preparation, transmission, receipt, custody and appreciation of
the election returns and certificates of canvass.

GROUNDS FOR PRE-PROCLAMATION CONTROVERSY

1. Illegal composition of the board of canvassers (members do not possess legal qualifications)
2. Illegal proceedings of the board of canvassers (canvassing is a sham or mere ceremony, the results
are pre-determined or manipulated)
3. Irregularities in relation to the preparation, transmission, receipt, custody, and appreciation of
election returns and certificates of canvass
4. Canvassed election returns are incomplete, contain material defects, appear to be tampered with
or falsified, or contain discrepancies in the same returns, or in other authentic copies thereof
5. Election returns were prepared under duress, threats, coercion, or intimidation or they are
obviously manufactured or not authentic
6. When substitute or fraudulent returns in controverted polling places were canvassed, the results
of which materially affected the standing of the aggrieved candidate/s.
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 COMELEC Action
COMELEC may motu proprio or upon written petition, and after due notice and hearing, order the partial
or total suspension of the proclamation of any candidate-elect or annul partially or totally any
proclamation, if one has been made.
• All pre-proclamation controversies shall be heard summarily by the Commission after due notice
and hearing, and its decisions shall be executory after the lapse of 5 days from receipt by the
losing party of the decision, unless restrained by the SC.

Election Returns Certificate of Canvass Statement of Votes

A document in electronic and printed A document in electronic and printed A document containing the votes
form directly produced by the form containing the total votes in obtained by candidates in each
counting machine, showing the date, figures obtained by each candidate in precinct in a city or municipality.
province, municipality and precinct in a city, municipality, district or
which, it is held and the votes for each province as the case may be. The This contains the votes
candidate in a precinct. The ER is per Certificate of Canvass is per city, breakdown per precinct for a
precinct. This is what is transmitted to municipality, district or province. candidate. It supports the
the board of canvassers for Certificate of Canvass.
tabulation.

NOTES:
• A Petition for the Correction of Entries in a Statement of Votes is a pre-proclamation controversy
involving manifest errors in the tabulation or tallying of the results, which under the COMELEC Rules, can
be filed directly with the COMELEC en banc.
o What are manifest errors?
The errors must appear on the face of the Certificate of Canvass or election returns sought to be
corrected. A manifest error is one that is visible to the eye or obvious to the understanding that which
is open, palpable, incontrovertible, needing no evidence to make it more clear.
• General Rule: There are no pre-proclamation cases in election of national officials (President, VP,
Senators and Members of HOR)
o Exceptions:
▪ Correction of manifest erros
▪ Questions affecting the composition or proceedings of the Board of Canvassers
▪ Determination of the authenticity and due execution of certificates of canvass
• General Rule: COMELEC cannot go behind the face of an election return. It is beyond the jurisdiction of
COMELEC to go beyond the face of the returns or investigate election irregularities.
o Exception: When there is prima facie showing that the ER is not genuine (e.g., as when several entries
have been omitted)
• General Rule: When the Electoral Tribunal obtains jurisdiction (i.e., election protest has been filed), it
precludes the COMELEC from exercising powers over pre-proclamation controversies.
o Exceptions:
▪ BOC was improperly constituted
▪ Quo warranto is not the proper remedy
▪ What was filed was really a petition to annul proclamation
▪ The filing of an election contest was expressly made without prejudice to the pre-
proclamation controversy, or was made ad cautelam
▪ The proclamation was null and void.

Pre-Proclamation Cases Action for Annulment of Election Returns or

Declaration of Failure of Elections
Restricted to examine election returns on their face and May conduct technical examination of election
cannot go beyond them and investigate election documents and compare and analyze voters’ signatures
irregularities. and fingerprints.

JURISDICTION
1. Contested composition or proceedings of the board → initiated in the Board of Canvassers OR COMELEC
2. Contested election returns → brought in the 1st instance before the Board of Canvassers only.

Two Objection Rule

• Submit oral objection and written objection simultaneously to the Board of Canvassers chairperson before
the ERs have been canvassed.
• There is substantial compliance if oral objection is filed first, then written objection with evidence (or offer
of evidence alone, without written objection) is submitted within 24 hours.

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 5. Election Protest
Kinds of Election Protest:
(1) Election Protest
(2) Petition for Quo Warranto

ELECTION CONTESTS
Original and Exclusive Appellate Jurisdiction

President Supreme Court en banc Senator SET → Supreme Court

Vice President Member of HOR HRET → Supreme Court
Senator Senate Electoral Tribunal Provincial, Regional or COMELEC division
Member of HOR HR Electoral Tribunal City Official → COMELEC en banc
Provincial, Regional or COMELEC division (5days)
City Official → Supreme Court (30
Municipal Official RTC days)
Barangay MTC Municipal Official RTC
→ COMELEC division (5
days)
→ COMELEC en banc (5
days)
→ Supreme Court (30
days)
Barangay MTC
→ COMELEC division (5
days)
→ COMELEC en banc (5
days)
→ Supreme Court (30
days)

REQUISITES
a) Must be filed by a real party in interest, i.e., any candidate who has filed a COC and has been voted upon for
the same office.
a. Special Rule for PET → only the 2nd or 3rd placer may file the protest in presidential protest cases.
b) On grounds of FTII fraud, terrorism, irregularities or illegal acts committed before, during or after the
casting and counting of votes.
c) Within ten (10) days from proclamation of the results of the election.
a. The period to file election protest is suspended during pendency of pre-proclamation controversy
b. A counter-protest must also comply with the reglementary period

NOTES:
• The death of the protestant does not extinguish an election protest. An election protest is imbued with public
interest which raises it onto a plane over and above ordinary civil actions, because it involves not only the
adjudication of the private interest of the rival candidates but also the paramount need of dispelling once
and for all the uncertainty that beclouds the real choice of the electorate with respect to who shall discharge
the prerogatives of the office within their gift.
• General Rule: Ballots are the best and most conclusive evidence in an election contest where the
correctness of the number of votes of each candidate is involved.
o Exception: Election returns are the best evidence when the ballots are lost, destroyed, tampered or
fake.
• ABANDONMENT → a protestant who runs for another office is deemed to have abandoned his protest. This
is especially true in a case where the protestant pending the election protest, ran, won, assumed the post and
discharged the duties as such.
• Allegations in election protests must be specific. A protest lacking in detail as to the acts r omission
complained of showing the electoral frauds, anomalies, or irregularities, should be struck down for being
insufficient in form and substance.
• In election protests before the PET, the mandatory ceiling in designating pilot provinces is 3. Failure to show
substantial recovery of votes in these pilot provinces entails the protest’s dismissal. (Marcos vs. Robredo)

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6. Quo Warranto
This refers to an election contest relating to the qualifications of an elective official on the ground of:
1. Ineligibility or
2. Disloyalty to the Republic of the Philippines
The issue is whether respondent possesses all the qualifications and none of the disqualifications
prescribed by law.

Quo Warranto; requisites:

a) Filed by any registered voter in the constituency.
b) On grounds of ineligibility or disloyalty to the Republic of the Philippines.
c) Within ten (10) days from proclamation of the results of the election.

GR: When proclaimed officer was disqualified by quo warranto, the 2nd placer cannot be proclaimed
winner.
EXP: When the one who got the highest votes has been disqualified and the electorate is fully aware of this
fact, but they still voted for him.

QUO WARRANTO ELECTION PROTEST

Strictly speaking, it is not a contest. It is a It is a contest between the winning and the
proceeding to unseat an ineligible person from defeated candidates.
office.
Filed by any voter Filed only by a candidate who has duly filed a COC
to the same office and has been voted for
Grounds: Grounds:
1. Disloyalty 1. Election Fraud
2. Ineligibility 2. Terrorism
3. Irregularities in the casting and counting of
votes or in the preparation of the ER
4. Illegal Acts
Respondent may be unseated. Protestee may be unseated.

Petitioner may or may not be installed into the Protestant may be installed into the office.
office vacated.

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 XII. LOCAL GOVERNMENTS
A. PRINCIPLES OF LOCAL AUTONOMY
Constitutional Rules and Principles
1. The State shall ensure the autonomy of local governments.
2. The territorial and political subdivisions shall enjoy local autonomy.
3. The Congress shall enact a local government code which shall provide for a more responsive and accountable
local government structure instituted through a system of decentralization.
4. The President of the Philippines shall exercise general supervision over local governments.
5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees,
and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic
policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.
6. Local government units shall have a just share, as determined by law, in the national taxes which shall be
automatically released to them.
7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development
of the national wealth within their respective areas, in the manner provided by law, including sharing the
same with the inhabitants by way of direct benefits.

Local Autonomy means that local government have certain powers given by the Constitution which may not be
curtailed by the national government, but that, outside of these, local governments may not pass ordinances contrary
to statute.
• The principle of local autonomy under the Constitution simply means decentralization. It does not make the
local government sovereign within a State or an imperium in imperio.
• This pertains to decentralization of administration, and not decentralization of power.

Three Facets of Local Autonomy

Fiscal Autonomy Administrative Autonomy Political Autonomy
Local governments have the power Refers to decentralization of The creation of autonomous regions
to create their own sources of government authority. It does not contemplates the grant of political
revenue in addition to their make local governments sovereign autonomy – an autonomy which is
equitable share in the national within the State. It may involve greater than the administrative
taxes released by the National devolution of powers, but subject to autonomy granted to LGUs.
Government, as well as the power limitations like following national
to allocate their resources in policies or standards.
accordance with their own
priorities.

Decentralization of Administration Decentralization of Power

When the central government delegates Involves an abdication of political power in favor of LGU
administrative powers to political subdivisions in declared to be autonomous. The autonomous government
order to broaden the base of government power and is free to chart its own destiny and shape its future with
in the process to make local governments more minimum intervention from central government
responsive and accountable and ensure their fullest authorities. .
development as self-reliant communities and make
them more effective partners in the pursuit of
national development and social progress.

Other LGUs (i.e., provinces, cities, municipalities and ARMM and CAR
barangays)
The decentralization of power is not unlimited, but
involves only the powers enumerated by Section 20,
Article X:
The Organic Act shall provide for legislative powers over:
1. Administrative organization
2. Creation of sources of revenues
3. Ancestral domain and natural resources
4. Personal, family and property relations
5. Regional urban and rural planning development
6. Economic, social, and tourism development
7. Educational policies
8. Preservation and development of the cultural
heritage
9. Such other matters as may be authorized by law
for the promotion of the general welfare of the
people of the region.
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 NOTES:
• Autonomous regions cannot create provinces and
cities. Only the Congress can do so.
• It does not have treaty-making powers

4 Categories of Decentralization

Political Administrative Fiscal Decentralization Policy or Decision-

Decentralization Decentralization Making
[Devolution] [Deconcentration] Decentralization
The act by which the Involves the transfer of LGUs have the power to Exists if at least 1 sub-
national government functions or the create their own sources national tier of
confers powers and delegation of authority of revenue in addition to government has exclusive
authority upon the and responsibility from their just share in the authority to make
various local government the national office to the national taxes released by decisions on at least 1
units to perform specific regional and local offices. the National Government. policy issue.
functions and
responsibilities. e.g., Local School Boards It includes the power to e.g., Regional
or Local Health Boards allocate their resources in Development Councils
It is a more liberal form of which has authority from accordance with their own
decentralization because national agencies (DepEd priorities.
there is an actual transfer or DOH)
of powers and
responsibilities.

NOTE! Do not confuse

with decentralization of
power.

Decentralization of
power involves the
abdication of political
power in favor of the
autonomous LGUs as to
grant them the freedom to
chart their own destinies
and to shape their futures.

Devolution is a transfer
of powers,
responsibilities, and
resources from the
central government to the
LGUs for performance of
certain functions. THUS,
the transfer is specific to
certain functions, and
applied only to LGUs
other than regional
autonomies which already
has political power thru
decentralization of power.

President’s Power of General Supervision

To safeguard the state policy on local autonomy, the Constitution confines the power of the President over LGUs to
mere supervision. It is the power of a superior officer to see to it that the subordinates perform their functions
according to law.
• Power to investigate and discipline → The power to discipline and ensure that the laws be faithfully
executed must be construed to authorize the President to order an investigation of the act or conduct of local
officials when in his opinion the good of the public service so requires.
• Power to review → Involves the power to review of executive orders and ordinances, i.e., to declare them
ultra vires or illegal.
• Non-interference → President cannot interfere with the local governments as long as they act within the
scope of their authority.

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Powers of Congress over LGUs
1. Allocate among the different LGUs their powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and operation of the local units.
2. Prescribe guidelines and limitations on sources of local government revenues and local power to levy taxes,
fees, and charges.
3. Determine the just share in the national taxes of local governments.
4. Provide the manner by which local governments receive their equitable share in the proceeds of the
utilization and development of the national wealth within their respective areas.
5. Set the term limits of barangay officials.
6. Prescribe the manner by which sectoral representatives shall be installed in local legislative bodies.
7. Define the criteria for the creation, division, merger, abolition, and substantial alteration of boundaries of
local governments.
8. Establish special metropolitan political subdivisions.
9. Pass the organic act of the autonomous regions.
10. Provide for exemption to devolution such as nationally-funded projects.

B. AUTONOMOUS REGIONS AND THEIR RELATION TO THE NATIONAL GOV’T

Autonomous regions consist of provinces, cities, municipalities, and geographical areas sharing common and
distinctive:
1. historical and cultural heritage,
2. economic and social structures, and
3. other relevant characteristics
within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic
of the Philippines.

NOTES:
• Province of North Cotabato vs. GRP
No province, city, or municipality, not even the ARMM, is recognized under our laws s having an associative
relationship with the national government. The Constitution contemplates only of one Philippine State.
• President shall exercise general supervision over autonomous regions to ensure that laws are faithfully
executed.
• All powers, functions and responsibilities not granted by the Constitution or by law to the autonomous
regions shall be vested in the National Government.
• Organic Act → the Congress shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of representatives appointed by the
President from a list of nominees from multisectoral bodies.
o The organic act shall define the basic structure of government for the region consisting of the
executive department and legislative assembly, both of which shall be elective and representative of
the constituent political units. It shall also provide for special courts.
• The creation of the autonomous region shall be effective when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose, provided that only provinces, cities and geographic
areas voting favorably in such plebiscite shall be included in the autonomous region.
o The creation of the autonomous region is made to depend, not on the total majority vote in the
plebiscite, but on the will of the majority in each of the constituent units.
• One province alone cannot validly constitute an autonomous region. “Region” is to be made up of more than
1 constituent unit, i.e., 2 or more provinces, cities, municipalities or geographical areas.

Peace and Order Defense and Security

It is the responsibility of the local police agencies It is the responsibility of the National Government.
which shall be organized, maintained, supervised, and
utilized n accordance with applicable laws.

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RA 11054: ORGANIC LAW FOR THE BARMM
• Bangsamoro People → those who were considered natives or original inhabitants of Mindanao and the Sulu
archipelago and its adjacent islands, whether of mixed or full blood.
• BARMM is an integral, indivisible and inseparable part of the territory of the Republic of the Philippines. The
Bangsamoro people shall uphold the Constitution as the fundamental law of the land and unequivocally own
allegiance and fidelity to the Republic of the Philippines.
• All powers, functions and responsibilities not granted by the Constitution or by national law to the
Bangsamoro Government shall be vested in the National Government.
• General Welfare Clause → the Bangsamoro Government shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, or incidental for its efficient and effective
governance and those which are essential to the promotion of general welfare.
• President shall exercise general supervision. The President may suspend the Chief Minister for a period not
exceeding 6 months for willful violation of the Constitution, national laws, or this Organic Law.
• The National Government shall fund and implement the construction and maintenance of national roads,
bridges, water supply and services, and flood control and irrigation systems, and for the maintenance of
existing airports, seaports, and wharves in the Bangsamoro Autonomous Region.
• The authority of the Bangsamoro Government to regulate the affairs of its constituent local government units
shall be guaranteed. The parliament may create, divide, merge, abolish, or substantially alter boundaries of
municipalities or barangays. HOWEVER, nothing in the Organic Law shall be construed to allow the
Bangsamoro Government to create legislative districts.
• The parliament shall exercise the power to levy taxes, fees and charges, which shall inure solely to the benefit
of the Bangsamoro Autonomous Region. Nothing in this provision shall preclude any future legislation on
national taxes nor allow both National Government and Bangsamoro Government to impose similar taxes on
the same entity.
• The following taxes shall be imposed by the Parliament to the exclusion of the BIR:
o CGT
o DST
o Donor’s Tax
o Estate Tax
In case the Parliament does not impose these, the BIR shall continue to levy and collect them.
These national government taxes colleted in the Bangsamoro Autonomous Region shall be shared as follows:
25% - National Government
75% - Bangsamoro Government
• Annual Block Grant → the National Government shall provide an annual block grant which shall be the
share of the Bangsamoro Government in the national tax collections of BIR and BOC.

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C. LOCAL GOVERNMENT UNITS
The territorial and political subdivisions of the Republic of the Philippines are the:
1. Provinces
2. Cities
3. Municipalities
4. Barangays
There shall be Autonomous Regions in Muslim Mindanao and the Cordilleras as herein provided.

1. Powers
Sources of the powers of LGUs:
1. Constitution
2. Statute
3. Those applicable to all municipal corporations or to the class to which it belongs
4. Special acts of the legislature
5. Charter

a. Police Power (General Welfare Clause)

It is that inherent and plenary power in the State which enables it to prohibit all that is hurtful
to the comfort, safety, and welfare of society. Its purpose is securing the general welfare, comfort
and convenience of the people.

Police power is inherent in the state, but not in municipal corporations. Before a municipal
corporation may exercise such power, there must be a valid delegation of such power by the
legislature which is the repository of the inherent powers of the State.

The valid statutory delegation of police power is now the General Welfare Clause in Section 16 of
the LGC → Every local government unit shall exercise:
1. the powers expressly granted,
2. those necessarily implied therefrom,
3. as well as powers necessary, appropriate, or incidental for its efficient and effective
governance, and
4. those which are essential to the promotion of general welfare.

2 Branches of the General Welfare Clause

(1) General Legislative Power
Authorizes municipal councils to enact ordinances and make regulations not repugnant
to law and may be necessary to carry into effect and discharge the powers and duties
conferred upon the municipal council by law.
e.g., ordinances imposing licenses and requiring permits for any business
establishment for purposes of regulation

(2) Police Power Proper

Authorizes the municipality to enact ordinances as may be proper and necessary for the
health and safety, prosperity, morals, peace, good order, comfort and convenience of the
municipality and its inhabitant, and for the protection of their property.
e.g., ordinances regulating operation of massage clinics to prevent the commission of
immorality and the practice of prostitution.

Requisites for Valid Exercise of Police Power

(1) The interests of the public generally, as distinguished from those of a particular class,
require the interference of the State. [Lawful Subject] and
(2) The means employed are reasonably necessary for the attainment of the object sought to
be accomplished and not unduly oppressive upon individuals. [Lawful Method]

Valid Ordinance [Two-Pronged Test]

(1) Formal
a. Enacted within the corporate powers of the LGU
b. Passed according to the procedure prescribed by law
(2) Substantive
a. Must not contravene the Constitution or any statute
b. Must not be unfair or oppressive
c. Must not be partial or discriminatory
d. Must not prohibit but may regulate trade
e. Must be general and consistent with public policy
f. Must not be unreasonable

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 Barangay Police Power
▪ Punong barangay shall exercise such powers and perform such duties and functions for
efficient, effective and economical governance, the purpose of which is the general welfare of
the barangay and its inhabitants.
▪ Barangay Assembly cannot exercise any police power.
▪ Liga ng mga Barangay cannot exercise legislative powers.

b. Eminent Domain (Expropriation)

It is the right of a government to take and appropriate private property to public use, whenever the
public exigency requires it, which can be done only on condition of providing a reasonable
compensation therefor.

LGUs have no inherent power of eminent domain and may exercise it only when expressly authorized
by statute. Section 19 of the LGC prescribes the delegation by Congress of the power of eminent
domain to LGUs.

Requisites
(1) Expropriation is for a public use or purpose
(2) Ordinance authorizing the local chief executive to subject a certain property to
expropriation
(3) Payment of just compensation
(4) Valid and definite offer previously made to owner which was not accepted
(5) Exercised by the LGU through its chief executive

NOTES:
▪ Jurisdiction is with the RTC.
▪ Property owner must be afforded a reasonable opportunity to be heard on the issues of public
use and just compensation and to present objections to and claims on them.
▪ Determination of just compensation in eminent domain cases is a judicial function. A
statutory provision on a fixed formula in the computation of just compensation is not binding
upon the court.
▪ Requisites for Immediate Possession by LGU
• Upon filing of the expropriation proceedings and
• Upon making a deposit with the proper court of at least 15% of the FMV off the
property
▪ In expropriation, there must be a genuine necessity of taking. An example of a situation where
there is no genuine necessity of taking is the taking of portions of Chinese cemetery for a
public improvement since it is already for public use and there are adjoining and adjacent
lands offered free of charge.
▪ When the public purpose is abandoned, the property is to be returned only when it is
expropriated with the condition that when said purpose is abandoned, the former owner
reacquires the property so expropriated.
▪ Being complete within the limitations provided by law, the delegated power of eminent
domain does not require prior approval of the National Government to be a valid LGU
exercise. (e.g., DAR clearance is not required since eminent domain is superior.)

c. Taxing Power
Sources of LGU Funds
(1) Taxes, fees and charges which accrue exclusively for their use and disposition
(2) Just share in national taxes which shall be automatically and directly released to them
(3) Equitable share in the proceeds from utilization and development of national wealth and
resources within their territorial jurisdiction

NOTES:
• The power of taxation is not inherent in LGUs. The power to tax is limited to the extent that
such power is delegated to it either by the Constitution or by statute.
• Tax ordinance is strictly construed against LGU and liberally in favor of the taxpayer
• Any tax exemption, incentive or relief shall be construed strictly against the taxpayer.
• Mayor, an executive officer, cannot grant local tax exemption.
• Only guidelines and limitations that may be established by Congress (not administrative
agencies) can define and limit the power of LGUs to tax.
• There can be no valid levy of local taxes on petroleum products (excise taxes).
• The just share of LGUs shall be automatically released to them. Withholding LGU’s IRA
pending assessment and evaluation by the Development Budget Coordinating Committee is
invalid.

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 JUST SHARE IN THE NATIONAL TAXES (formerly known as Internal Revenue Allotment or IRA)
GR: The current sharing is 40% local and 60% national.
EXP: The allotment can be adjusted by the President when the following requisites are met:
(1) Unmanageable public sector deficit
(2) Recommendation of the Secretaries of DOF, DILG and DBM
(3) Consultation with (a) heads of both Houses of Congress and (b) presidents of the
liga.
(4) The allotment shall not be lower than 30% of the national taxes collection.

The MANDANAS Ruling

• The Internal Revenue Allotment or IRA shall be understood as pertaining to the allotment of
LGUs derived from the national taxes, and not merely from national internal revenue taxes.
o Thus, the exclusion of other national taxes like customs duties from the base for
determining the just share of the LGUs contravened Section 6, Article X the 1987
Constitution.
o Section 284 of the LGC has effectively deprived the LGUs from deriving their just
share from other national taxes, like the customs duties. Thus, the taxes collected by
the BOC shall be included in computing the IRA and the just share of the LGUs.
• The Mandanas ruling will only apply starting with the 2022 budget cycle since the July 2018
decision became final and executory in June 2019.

d. Closure and Opening of Roads

An LGU may, pursuant to an ordinance, permanently or temporarily close or open any local road,
alley, park, or square falling within its jurisdiction.

Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and regulate
the use of any local street, road, throughfare, or any other public place where shopping malls may be
established and where goods may be sold and dispensed to the general public.

Requirements
Permanent Closure Temporary Closure
1. Ordinance approved by 2/3 of 1. Temporary closure must be pursuant to
Sanggunian Members an ordinance
2. Adequate substitute for the public 2. During actual emergency, or fiesta
facility that is subject to closure celebrations, public rallies, agricultural
3. Provisions for the maintenance of or industrial fairs, or an undertaking of
public safety public works and highways,
4. For other lawful use or conveyance telecommunications and waterworks
projects
NOTE: No freedom park shall be closed 3. Duration shall be specified by the local
permanently without provision for its transfer chief executive in a written order
or relocation to a new site. 4. No national or local road, alley, park or
square shall be temporarily closed for
athletic, cultural or civic activities not
officially sponsored, recognized or
approved by the LGU.

Can be applied only to local roads, alleys, Can be applied to either local or national roads,
parks or squares. alleys, parks or squares.

e. Legislative Power

i. Requisites for valid ordinance CUPRIC

C
(1) Must not contravene the Constitution or any statute
(2) Must not be unfair or oppressive U
(3) Must not be partial or discriminatory p
(4) Must not prohibit, but may regulate trade p
(5) Must not be unreasonable ✓
(6) Must be general and consistent with public policy G

NOTE: To measure if an ordinance is valid, see and remember the previous discussion on the
Two Pronged Test.

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 Approval and Disapproval of Ordinances
1. Every ordinance enacted by the Sanggunian shall be presented to the local chief
executive.
2. Local chief executive:
a. Approves → he shall affix his signature
b. Disapproves → he shall veto it and return the same with his objections
3. Sanggunian may override the veto by 2/3 vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.

ii. Local initiative and referendum

Local Initiative Local Referendum
The legal process whereby the registered The legal process whereby the registered
voters of a LGU may directly propose, enact voters of the LGU may approve or reject any
or amend any ordinance. ordinance enacted by the sanggunian.

It may be exercised by all registered voters The local referendum shall be held under
of the provinces, cities, municipalities and the control and direction of the COMELEC.
barangays.

NOTE: Local initiative is initiative on local

legislation which refers to a petition
proposing to enact local law, resolution or
ordinance. Thus, a resolution can also be
the proper subject of a local initiative.

NOTES:
• Number of voters who should file the petition
o Provinces and cities → at least 1000 registered voters
o Municipality → at least 100 voters
o Barangay → at least 50 registered voters
• Limitations
o Shall not be exercised more than once a year
o Shall extend only to subjects which are within the legal powers of the
Sanggunian to enact
o If Sanggunian adopts in toto the proposition, the initiative shall be cancelled.

f. Corporate powers
(1) Have continuous succession in its corporate name
(2) Sue and be sued
• LGUs are not immune from suit because of the statutory waiver.
• LGC vests exclusive authority upon the LGU’s legal officers (not the OSG) to be
counsels of LGUs.
• A municipality can be sued for damages arising from injuries sustained by a
pedestrian who was hit by a glass pane that fell from a dilapidated window frame of
the municipal hall. Section 24 of LGC → the municipality is liable for damages arising
from injuries to persons by reason of negligence of LGUs on the defective condition of
the municipal hall which is under their control and supervision.

(3) Have and use a corporate seal

(4) Acquire and convey real or personal property
• LGUs cannot appropriate to themselves public lands without prior grant from the
government.

(5) Enter into contracts

• No contract may be entered into by the local chief executive in behalf of the LGU
without prior authorization by the Sanggunian. Otherwise, the contract is
unenforceable.
• The obligation (to enter into a loan_ must be made pursuant to a law or ordinance.

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 g. Ultra vires acts
Ultra vires act is one committed outside the object for which a corporation is created as defined by
the law of its organization and therefore beyond the powers conferred upon it by law.

2 Types of Ultra Vires Acts

(1) Void Ultra Vires Act
Those which:
• Are entered into beyond the express, implied or inherent powers of the LGU
o E,g., converting public plaza into commercial center
• Do not comply with the substantive requirements of law
o E.g., when expenditure of public funds is to be made, there must be an actual
appropriation and certificate of availability of funds

(2) Irregular Ultra Vires Act

Those which:
• Are entered into by the improper department, board, officer or agent
• Do not comply with the formal requirements of law
o E.g., state of frauds

2. Liability of LGUs
LIABILITY FOR CONTRACTS
Doctrine of Implied Municipal Liability → a municipality may become obligated upon an implied contract
to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power
to contract.
• E.g., the LGU was made to pay fees of private lawyer, who was allowed to continue as counsel that led
him to believe that his services were still necessary.

NOTE: Doctrine of Estoppel is not applicable to void contracts.

LIABILITY FOR TORTS

ARTICLE 2189. Provinces, cities and municipalities shall be liable for damages for the death of, or injuries
suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and
other public works under their control or supervision. (CIVIL CODE)

SECTION 24 (LGC). Liability for Damages. – Local government units and their officials are not exempt from
liability for death or injury to persons or damage to property.

City of Manila v. Teotico, 22 SCRA 267 (1968)

Under Article 2189, it is not necessary for the liability therein established to attach that the defective roads
or streets belong to the province, city or municipality from which responsibility is exacted (in this case, it
occurred in a national highway). What said article requires is that the province, city or municipality have
either “control or supervision" over said street or road.

City Government of Tagaytay v. Guerrero (2009)

The City of Tagaytay is liable for all the necessary and natural consequences of the negligent acts of its city
officials. It is liable for the tortious acts committed by its agents who sold the subject lots to the Melencios
despite the clear mandate of R.A. No. 1418, separating Barrio Birinayan from its jurisdiction and transferring
the same to the Province of Batangas. The negligence of the officers of the City of Tagaytay in the performance
of their official functions gives rise to an action ex contractu and quasi ex-delictu.

NOTE: LGUs can be held liable not only on the basis of Article 2189. LGUs can be held liable under:
o Art. 2189 CC
o Art. 2176 CC
o Sec. 24 LGC
Hence, LGUs are not immune from suit for damages.

NOTES:
• Government properties are not subject to levy and execution to satisfy a money judgment.
• All money claims against the Government must first be filed with the COA which must act upon it
within 60 days.
• Where the property of the LGU is not used for public purpose or used for quasi-private purposes, it
may be seized and sold under execution. This rule does not apply if the property is merely
temporarily used for private purposes.

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3. Settlement of Boundary Disputes
SITUATION WHERE TO SETTLE
2 or more barangays in the same city or Sangguniang Panlungsod or Sangguniang Bayan
municipality
2 or more municipalities within the same Sangguinang Panlalawigan
province
Municipalities or component cities of different Jointly referred for settlement to the Sanggunians
provinces of the province concerned
Component city or municipality on one hand, and Jointly referred for settlement to the respective
highly urbanized city on the other Sanggunians of the parties
2 or more highly urbanized cities Jointly referred for settlement to the respective
Sanggunians of the parties
Municipality and independent component city RTC

NOTES:
• Boundary disputes between and among municipalities should be referred for settlement to the
sangguniang panlalawigan and not with the RTC.
• There is no law providing for the jurisdiction of any court or quasi-judicial body over the settlement
of a boundary dispute between a municipality and an independent component city, thus, the RTC has
jurisdiction to adjudicate it.

4. Vacancies and Succession

A permanent vacancy arises when an elective local official:
(1) fills a higher vacant office,
(2) refuses to assume office,
(3) fails to qualify,
(4) dies,
(5) is removed from office,
(6) voluntarily resigns, or
(7) is otherwise permanently incapacitated to discharge the functions of his office.

Filling of Vacancy
(1) Automatic Succession
(2) Appointment

Automatic Succession
Permanent Vacancy Permanent Vacancy
in the Office of Governor or Office of Mayor in the Office of Governor & Vice Governor or
Office of Mayor & Vice Mayor
Vice Governor or Vice Mayor shall succeed. Highest ranking sanggunian member or,
*in case of tie between highest ranking sanggunian,
the tie shall be resolved by drawing of lots.

In case of permanent inability, the second highest

ranking sanggunian member shall succeed.

Subsequent vacancies shall be filled automatically

by the other sanggunian members according to
their ranking.

Term
The successors shall serve only the unexpired terms of their predecessors.

Appointment
Permanent Vacancies in the Sanggunian where Automatic Succession do NOT apply
The vacancy shall be filled by appointment:
(1) President (thru Executive Secretary) in case of Sangguniang Panlalawigan and Sangguniang
Panlungsod of highly urbanized cities and independent component cities
(2) Governor in case of Sangguniang Panlungsod of component cities and Sangguniang Bayan
(3) City or Municipal Mayor in case of Sangguniang Barangay
NOTE: The appointee shall come from the same political party as that of the sanggunian member who caused
the vacancy and shall serve the unexpired term. There must be a nomination and certification of membership
from the highest party official. This rule in case of vacancy in the sangguniang barangay.

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 Temporary Incapacity
GR: When the governor, mayor, punong barangay is temporarily incapacitated to perform his
duties, the vice governor, mayor or highest ranking sangguniang barangay member shall
automatically exercise the powers and perform the duties and functions of the local chief
executive concerned.

EXP: He cannot exercise the power to:

▪ Appoint
▪ Suspend
▪ Dismiss employees

EXP TO EXP: These powers can be exercised if the period of temporary incapacity exceeds 30
working days.

Termination of Temporary Incapacity

(1) Upon submission to the Sanggunian of a written declaration by the local chief that he has
reported back to office
(2) If the temporary incapacity was due to legal reason, the local chief executive should also submit
necessary documents showing that the legal causes no longer exist.

NOTE:
• For absence not exceeding 3 days → the local chief executive can name ANY official as the
officer-in-charge
• For absence exceeding 3 days → the local chief executive is limited to designating the vice-
governor, vice mayor or highest ranking sangguniang barangay member, as the case may be.

5. Recall
Recall is a mode of removal of a public officer for loss of confidence, by the people, before the end of his
term of office.

NOTES:
• This shall be exercised by the registered voters of a local government unit to which the local elective
official subject to such recall belongs.
• How is it initiated?
o Commenced by a petition of a registered voter in the LGU concerned supported by the
prescribed percentage of registered voters of the LGU concerned.
• The official sought to be recalled shall automatically be considered as duly registered candidate/s to
the pertinent positions, and like other candidates, shall be entitled to be voted upon.
• The elective local official sought to be recalled shall not be allowed to resign while the recall process
is in progress
• Limitations on Recall:
o Any elective local official may be the subject of recall election only once during his term
o No recall shall take place within 1 year from the date of the official’s assumption to office or
1 year immediately preceding a regular election.

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6. Term Limits
Term of Office: 3 years

Three-Term Rule
No local elective official shall serve for more than 3 consecutive terms in the same position.
• For the 3-term rule to apply, the local official must have:
(1) Fully served the term
(2) Elected through a regular election

NOT VALID INTERRUPTION VALID INTERRUPTION

3-term limit applies. 3-term limit does not apply.

Barred for re-election. Not barred for re-election.

1. Running, winning, and serving a different 1. Succession

elective position is voluntary This is by operation of law. Thus, not
renunciation. considered as voluntary renunciation.
e.g. punong barangay while serving 3rd term,
ran and won as municipal councilor and 2. Recall election
served the full term. Considered as e.g., previously served for 3 full terms, then
voluntary renunciation. participated in a recall election. The
prohibited election refers to the next
2. Circumvention of the 3-term limit. regular election for the same office
e.g., thru conspiracy following the end of the 3rd term.

3. Conversion 3. Dismissal as penalty

e.g., conversion of a municipality to a city This is considered involuntary interruption.
with no break in the service as a local chief
executive. 4. Election protest
e.g., unseated during the 3rd term because of
4. Re-apportionment of district an election protest. He is not deemed to
e.g., already served 3 terms in 2nd district, have been elected for that term.
cannot run for 3rd district which was re-
apportioned from 2nd district (same
constituents).

5. Merger
e.g., municipalities were merged and
converted into a city

6. Preventive Suspension
There is mere temporary inability to
exercise functions, not unseated and
continues to hold office.

7. Election protest but served 3 full terms

e.g., election protest, but able to serve 3 full
terms, including the 2nd term (fully served)
where the proclamation was voided.

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D. LOCAL TAXATION

1. Fundamental Principles of Local and Real Property Taxation

LOCAL TAXES
Section 130. Fundamental Principles in Local Taxation
1. Taxation shall be uniform in each LGU.
2. Taxes, fees, charges and other impositions shall:
a. Be equitable and based as far as practicable on the taxpayer’s ability to pay
b. Be levied and collected only for public purpose
c. Not be unjust, excessive, oppressive, or confiscatory
d. Not be contrary to law, public policy, national economic policy, or in restraint of trade
3. Collection of local taxes, fees, chares and other impositions shall in no case be let to any private person
4. Revenue collected shall inure solely to the benefit of, and be subject to the disposition by, the LGU
levying the tax, fee, charge or other imposition unless otherwise specifically provided
5. Each LGU shall, as far as practicable, evolve a progressive system of taxation.

NOTES:
• The power to impose local taxes is derived from the Constitution itself which grants them the power to
create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and
limitations as the Congress may provide.
• LGUs have the authority to impose penalties for violations of tax ordinances.
• LGUs have the authority to grant tax exemptions as they may deem necessary. Such grant shall not apply to
regulatory fees which are levied under the police power of LGUs.
• Withdrawal of Exemptions → unless otherwise provided by the LGC, tax exemptions or incentive granted
to by all persons are hereby withdrawn upon the effectivity of the LGC (January 1, 1992).
• LGUs shall have the authority to adjust the tax rates as prescribed in the LGC not oftener than once every 5
years but in no case shall such adjustment exceed 10% of the rates fixed under the LGC.
• Doctrine of Preemption → If the national government (NIRC) is levying taxes on a particular activity, the
local government cannot anymore impose tax on the same activity.

REAL PROPERTY TAXES

Section 198. Fundamental Principles in Real Property Taxation
1. Real property shall be appraised at its current and fair market value
2. Real property shall be classified for assessment purposes on the basis of its actual use
3. Real property shall be assessed on the basis of a uniform classification within each LGU
4. Appraisal, assessment, levy and collection of RPT shall not be let to any private person
5. Appraisal and assessment of real property shall be equitable

2. Common Limitations on Taxing Power of the LGU

Section 133. Common Limitations
1. Taxing powers of LGUs shall NOT extend to the following:
a. !!! Income tax, except on banks and other financial institutions
THUS, banks will pay income tax both under NIRC and also under LGC
b. DST
c. Transfer Taxes (except local transfer tax on real property)
d. Customs Fees and Other Charges
e. Taxes, fees and charges (TFC) on goods “passing through” territorial jurisdiction of LGU
e.g., an ordinance imposing fees on goods and vehicles passing thru a municipality for police
surveillance is invalid.
f. TFC on agricultural products or aquatic products when sold by marginal farmers or fishermen
g. Business tax on BOI, PEZA, SBMA registered entities
h. !!! Excise tax on petroleum (includes sale or any other activity relating to petroleum)
i. !!! VAT or any percentage tax
j. !!! Common carriers tax (except tricycles)
k. Taxes on reinsurance premiums
l. TFC on registration of motor vehicles, except tricycles
m. TFC of export products (except tax on export of essential commodities)
n. TFC on cooperatives
o. TFC on national government or other LGUs

2. As to Scope
Just take note – what the Province can impose, the Municipality cannot impose. What the Municipality can
impose, the Province cannot impose. (otherwise, direct double taxation)

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 Province Municipality City Barangay
1. Local transfer tax 1. Business taxes on: The City may levy taxes, 1. Taxes on stores
of real property (1) manufacturers, fees and charges which or retailers
ownership (2) wholesalers, (3) the Province or 2. service fees or
2. Printer’s or exporters, (4) Municipality may charges
publisher’s tax retailers, (5) impose. 3. barangay
3. Franchise tax (e.g. contractors, (6) clearance
water districts) banks, (7) peddlers NOTE: If component city 4. other fees and
4. Tax on sand, engaged in sale, and of the province, what is charges
gravel, etc. (8) on any business collected by the city, the
5. Professional Tax not otherwise province cannot collect
6. Amusement Tax specified above. anymore.
NOTE: To be 2. Fees and charges,
considered as an except as reserved to
amusement place, the Province
you must go there 3. Fishery rentals, fees
for seeing or and charges (fishery
viewing a show or privileges in
performance. Thus, municipal waters)
resorts are not
subject to
amusement tax.
7. Fixed Tax on
delivery trucks
and vans
8. Service fees and
charges
9. Public utility
charges
10. Toll fees or
charges
!!! Only (1) Provinces, (2) Cities, and (3) Municipalities within Metro Manila (i.e., Pateros) can impose real property
taxes. Other municipalities cannot.

!!! Only (1) Cities and (2) Municipalities can impose Business Taxes. Provinces cannot.

3. Requirements for a Valid Tax Ordinance

Section 186.
1. Those already subject to tax under the NIRC or other applicable laws cannot be taxed again
2. Local taxes shall not be unjust, excessive, confiscatory or contrary to national policy
3. No ordinance can be enacted without any prior public hearing conducted for the purpose

Local Taxing Authority

The power to impose a tax, fee or charge or to generate revenue is exercised by the sanggunian of the LGU
concerned thru an appropriate ordinance

Requirements of a Valid Tax Ordinance

Formal Requirements
1. Must be within the corporate powers of the LGU to enact
2. !!! Must be passed according to the procedure prescribed by law
a. Public Hearing AND
b. Publication

Substantive Requirements (of a valid ordinance, in general)

1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable

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4. Procedure for Approval and Effectivity of Tax Ordinances
Section 187. Procedure for Approval and Effectivity of Tax Ordinances
Public hearings shall be conducted prior to the enactment thereof

In case of any question on the constitutionality or legality of the tax ordinance or revenue measure
1. Appeal within 30 days from the effectivity to the Secretary of Justice.
2. SOJ shall render decision within 60 days.
i. In case of denial, or inaction, appealable to RTC within 30 days.
NOTES:
• This is limited on questions of legality of tax ordinances or revenue measures. Thus, an ordinance
that imposes a regulatory fee should not be brought to the SOJ, but instead, to the regular courts.
• The SOJ can only review constitutionality or legality and revoke it on either or both grounds. He
cannot replace it with his own version of what the ordinance should be.
!!! Such appeal shall not have the effect of suspending the effectivity of the ordinance and the accrual and
payment of the tax, fee, or charge levied therein

Section 188. Publication

1. Publication
a. Within 10 days after their approval, certified true copies of all tax ordinances or revenue measures
shall be published in full for 3 consecutive days in a local newspaper
b. Where there are no local newspapers, the same may be posted in at least 2 conspicuous and
publicly accessible places.
2. Furnishing copy to local treasurer for public dissemination
3. Administrative disciplinary action against local officials or employees who attempt to enforce a void or
suspended tax ordinance (after due notice of the disapproval or suspension thereof)
4. LGU shall have authority to adjust rates of tax ordinances not oftener than once every 5 years but in no case
shall such adjustment exceed 10% of the rates fixed under the LGC.

GR: Tax ordinance levying RPT and special education fund tax → no public hearing shall be required
Tax ordinance levying local business tax → requires public hearing

EXP: Public hearing is required for special levies.

5. Exemptions from Real Property Taxes

Section 206. Proof of Exemption
For exemption to apply, file first documentary evidence with local assessor within 30 days from date of declaration
of real property

Section 234. Exemptions from RPT

What are the exempt properties?
1. Property owned by government or any of its political subdivisions
Except when beneficial use thereof has been granted to a taxable person
2. Those actually, directly and exclusively (ADE) used for religious charitable purposes, and non-profit
religious cemeteries
3. Machineries and equipment ADE used by local water districts and GOCCs engaged in the supply
distribution of water and/or generation and transmission of electric power
NOTE: While machineries and equipment are exempt, the lands or buildings are not.
4. Real properties owned by cooperatives
NOTE: The exemption applies regardless if the cooperative uses the real property or not.
5. Machinery and equipment used for pollution control and environmental protection
NOTE: Pollution control equipment has been expanded to include infrastructures and
improvements.

NOTES:
• Upon enactment of the LGC, any exemption from RPT previously given to all persons, whether natural or
juridical, including all GOCCs, were withdrawn.
o Meralco’s steel poles are no longer exempt from RPT as Meralco’s previous exemptions have been
withdrawn by the LGC.
• Congress has the power to grant exemptions over the power of LGUs to impose taxes.
• The list of exempt properties is exclusive, and the LGU cannot add on to the exemptions.
• While GOCCs are no longer exempt from RPT, government instrumentalities or government corporate
entities (GCI or GE) are exempt.
• LGU may, thru ordinance duly approved, grant tax exemptions, incentives, or reliefs under such terms and
conditions as they may deem necessary.
• Remember the special rule on machineries →

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What are subject to RPT?
1. Real properties as defined in Art. 415 of the New Civil Code and
2. Machineries as clarified by DOF Local Finance Circular:
a. Machinery that is permanently attached to land and buildings is subject to RPT even though
ADE used for religious, charitable or educational purposes.
i. Under the constitution, what is exempted are lands, buildings and improvements. The
term “improvement” does not include machinery. Thus, machinery permanently
attached to buildings or lands, although ADE used for religious, charitable or
educational purposes, are not exempt from RPT.
b. Machinery that is not permanently attached
i. Subject to RPT if it is an essential element of an industry, work or activity
e.g., transformer, transmission line, electric meter of MERALCO are considered
real property subject to RPT
ii. Exempt from RPT if it is not an essential element of an industry, work or activity
c. Notwithstanding the above rules, machineries of NSNP educational institutions used ADE
for educational purposes is exempt from RPT.

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 XIII. NATIONAL ECONOMY & PATRIMONY
Goals of the national economy:
1. More equitable distribution of opportunities, income, and wealth
2. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people
3. Expanding productivity as the key to raising the quality of life for all.

Manila Prince Hotel vs. GSIS

• Section 10(2) of Art. XII which provides that in the grant of rights, privileges, and concessions covering the
national economy and patrimony, the State shall give preference to qualified Filipinos, is self-executory. It
is mandatory, positive command which is complete in itself. [Filipino First Policy]
• When the Constitution speaks of national patrimony, it refers not only to the natural resources of the
Philippines, but also to the cultural heritage of the Filipinos.

A. REGALIAN DOCTRINE
Imperium Dominium
Government authority possessed by the State which is Capacity of the State to own and acquire property.
appropriately embraced in sovereignty.

Regalian Doctrine
All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.
GR: All natural resources shall not be alienated.
EXP: Agricultural lands

NOTES:
• Reclaimed foreshore and submerged lands are lands of public domain, and unless classified as alienable, may
not be disposed of.
o To be registered as private property, 2 things are required – (1) there must be proof that the land
had been classified as alienable; and (2) the person seeking registration must show proof of having
acquired the property, e.g., by prescription.

Rule on Investments and Enterprises

1. The Congress shall reserve to Filipino citizens or to corporations or associations at least 60% of whose
capital is owned by such citizens certain areas of investments.
2. The Congress shall enact measures that will encourage the formation and operation of enterprises whose
capital is wholly owned by Filipinos.
3. In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State
shall give preference to qualified Filipinos.
4. The State shall regulate and exercise authority over foreign investments.

Nationalized Activities
1. Exploration of natural resources → 60%
2. Operation of public utilities → 60%
3. Acquisition of alienable lands of public domain → 60%
4. Mass media → 100%
5. Advertising → 70%
6. Educational Institution → 60%
7. Other economic activities → 60%

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B. EXPLORATION, DEVELOPMENT, AND UTILIZATION OF NATURAL RESOURCES
The exploration, development, and utilization of natural resources shall be under the full control and supervision
of the State.
• Who can undertake the exploration, development and utilization?
o The State may directly undertake such activities, or
o The State may enter into co-production, joint venture, or production-sharing agreements with
▪ Filipino citizens, or
▪ Corporations or associations at least 60% of whose capital is owned by such citizens.
NOTE: Such agreements may be for a period not exceeding 25 years, renewable for not more than
25 years.

Water Rights
In case of water rights for irrigation, water supply, fisheries, or industrial uses, beneficial use may be the measure
and limit of the grant.

Marine Wealth
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and EEZ, and reserve its
use and enjoyment exclusively to Filipino citizens.

Small-Scale Utilization Large-Scale Utilization

The Congress may, by law, allow small- The President may enter into agreements with foreign-owned
scale utilization of natural resources corporations involving either technical or financial assistance for
by Filipino citizens with priority to large-scale exploration, development, and utilization of minerals,
subsistence fishermen and fishworkers. petroleum, and other mineral oils.

!!! LIMITATIONS OR REQUISITES:

1. Financial and technical agreements are a form of service
contract. Such service contracts may be entered into only with
respect to minerals, petroleum, and other mineral oils.
2. The service contract must be crafted in accordance with a
general law setting standard or uniform terms, conditions
and requirements
3. The President must be the signatory for the government
4. The President must report the executed agreement to the
Congress within 30 days

NOTE: The FTAAs are in fact service contracts between the foreign
corporations acting as contractors on one hand, and on the other hand,
the government as the principal or owner, whereby the foreign
contractor provides the capital, technology and technical know-how,
and managerial expertise in the creation and operation of the large-
scale mining or extractive enterprise, and the government actively
exercises full control and supervision over the entire enterprise.

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C. FRANCHISES, AUTHORITY & CERTIFICATES FOR PUBLIC UTILITIIES
Power to Grant Franchises
1. Congress may directly grant a legislative franchise
2. The power may be delegated to appropriate regulatory agencies and/or LGUs.

Rule on the Grant of Franchise for the Operation of a Public Utility

1. Filipinization → No franchise, certificate, or any other form of authorization for the operation of a public
utility shall be granted except to
a. Filipino citizens or
b. Corporations/associations at least 60% of whose capital is owned by Filipino citizens.
2. Such franchise shall not be exclusive in character, and
3. Such franchise shall not be for a period longer than 50 years.
4. Such franchise shall be subject to amendment, alteration, or repeal by the Congress
5. The State shall encourage equity participation in public utilities by the general public.
6. The participation of foreign investors in the governing body of any public utility enterprise shall be limited
to their proportionate share in its capital, and
7. All executive and managing officers of such corporation or association must be Filipino citizens.
8. Temporary Take Over → The State may, during national emergency when the public interest so requires,
temporarily take over or direct the operation of any privately-owned public utility or business affected with
public interest.
a. NOTE: The power to take over the operation of public utilities is activated only if the Congress
grants emergency powers under Article VI, Section 23.
b. No just compensation is involved so long as the takeover is temporary. However, in a case that the
State decided to take over permanently, just compensation is due.
9. Nationalization → The State, may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities and other private
enterprises to be operated by the government.
a. Under this provision, the State can compel a public utility to render service in the public interest,
provided just compensation is paid therefor.

NOTES:
• A public utility is a corporation which renders service to the general public for compensation. Its service is
not confined to privileged individuals but is open to an indefinite public.
• The Constitution does not prohibit the mere formation of a public utility corporation without the required
formation of Filipino capital. What it does prohibit is the granting of a franchise or other form of
authorization for the operation of a public utility to a corporation already in existence but without the
requisite proportion of Filipino capital.
• A foreigner may own assets of a public utility corporation. The prohibition in the Constitution is against
foreigners and foreign corporations being given a franchise to operate a public utility. But they may own
the facilities.
• Power generation company is no longer a public utility. Thus, 60-40 Filipino requirement is not required.
However, power transmission or distribution is still a public utility. (NAPOCOR vs. Bataan)
• No longer included in the cut-off →
o Under the recent amendment (2022) which defined what are the public utilities,
telecommunication company is no longer a public utility.

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D. ACQUISITION, OWNERSHIP, AND TRANSFER OF PUBLIC AND PRIVATE LANDS
Classification of Lands
1. Agricultural Land – this is the only alienable land
2. Forest or Timber Land
3. Mineral Land
4. National Parks

NOTES:
• Classification of public lands is an exclusive prerogative of the Executive Department and not of the
courts. In the absence of such classification, the land remains unclassified land until it is released
therefrom and rendered open to disposition.
• The classification of public lands does not automatically change when the nature of the land changes. A
positive act of the executive is needed. The classification is descriptive of its legal nature, and not off
what the land actually looks like.
• A land cannot have mixed classification, i.e., partly mineral and partly agricultural. The rights over the
land are indivisible and that the land itself cannot be half agricultural and half mineral. The
classification must be categorical.
• Mangrove swamps are classified as forest lands.

Rules on Disposition and Exploitation of Agricultural Lands

Acquisition Lease
1. Private corporations* cannot acquire alienable 1. Private corporations can hold alienable lands
lands of public domain. of public domain by lease up to a maximum of
2. Qualified individuals (citizens) can acquire a 1,000 hectares and for a period not exceeding
maximum of 12 hectares of alienable lands of 25 years, renewable for another 25 years
public domain 2. Qualified individuals (citizens) may lease up to
a maximum of 500 hectares.
*a corporation sole shall be treated like other private corporations.

NOTES:
• Qualified corporations can acquire private land.
• When does public land become private land?
• When it is acquired from the government either by purchase or by grant. All lands that were not
acquired from the Government belong to the public land.
• By prescription
o Open, exclusive and undisputed possession of alienable public land for the period
prescribed by law (30 years) creates the legal fiction whereby the land, upon completion of
the requisite period, ipso jure and without need of judicial or other sanction, ceases to be
public land and becomes private property.
o The 30-year period only begins to toll only from the time the land is converted into
alienable public land.

• Aliens
o Cannot lease land of public domain
o Can lease private lands
▪ A lease to an alien for a reasonable period is valid.
▪ An option giving an alien the right to buy the land on the condition that he is granted
Philippine citizenship is valid.
o Can own all other real property except land. The prohibition applies only to ownership of land.

• Private Lands
o Private land means any land of private ownership. This includes both lands owned by private
individuals and lands which are patrimonial property of the State or of municipal corporations.
o Who can acquire private lands?
▪ Filipino citizens
▪ Filipino corporations and associations (at least 60% of capital is Filipino-owned)
▪ Aliens, but only by hereditary succession
▪ Natural-born citizens of the Philippines who has lost Philippine citizenship subject to
limitations:
• Maximum area: 5,000 sqm in case of Urban Land or 3 hectares in case of Rural Land

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 NOTES:
▪ The time to determine whether the person acquiring land is qualified is the time the right to
own it is acquired and not the time to register ownership. Thus, a foreign national who,
while still Filipino citizen, acquired land from a vendor, can validly register his title to the
land. The loss of citizenship after acquiring the land does not deprive ownership.
▪ The invalid transfer of land to an alien is cured when the alien subsequently becomes a
citizen or transfers it to a citizen.
▪ An alien, since he has no right to acquire private land, has no right to challenge the validity
of the lease of a piece of land which his wife had acquired.

Ancestral Domain and Ancestral Land

Ancestral Domain Ancestral Land

Ancestral domain is an all-embracing concept which Ancestral land is the same as ancestral domain but
refers to lands, inland waters, coastal areas and natural only limited to lands which are not merely occupied
resources therein which may no longer be exclusively and possessed area but also utilized by cultural
occupied by indigenous cultural communities but to communities under the claim of individual or
which they traditionally had access for their traditional group ownership.
subsistence and traditional activities.

Cruz v. Secretary, G.R. No. 135385

The vote on the Supreme Court is divided: 7-7
Arguments that IPRA is constitutional Arguments that IPRA is unconstitutional
1. Ancestral lands and domains are not part of 1. The law amounts to abdication of state
lands of public domain. They are private authority over a significant area of the
belonging to indigenous communities. country’s patrimony.
2. The right of ownership granted does not extend 2. The law relinquishes full control of natural
to natural resources. It is not a grant of resources in favor of the indigenous people.
exploration rights. 3. The law contravenes the Regalian Doctrine that
3. The limited right of management refers to all natural resources belong to the state.
utilization which is allowed by the Consttituion.
4. It is mere priority right, and not exclusive right.
The State is not prevented from entering into
agreements with private entities.

Carino vs. Insular Government

When, as far back as testimony or memory goes, the land has been held by individuals under a claim of private
ownership, it will be presumed that to have been held in the same way from before the Spanish conquest, and
never to have been public land.

E. PRACTICE OF PROFESSION
Practice of Profession
1. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs,
professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be
promoted by the State.
2. The State shall encourage appropriate technology and regulate its transfer for the national benefit.
3. The practice of all professions in the Philippines shall be limited to Filipino citizens save in cases prescribed by law.

Board of Medicine vs. Ota

In instances where foreigners are allowed by law to practice profession, the administrative body (PRC) in charge
of granting the license cannot withhold the same on the alleged ground that there is no real reciprocity between
Japan and the Philippines. It is enough that the laws in foreign country permit a Filipino to get license and practice
thereon. Requiring the respondent to prove first that a Filipino has already been granted license and is actually
practicing therein unduly expands the requirements provided under the law.

In Re: Benjamin Dacanay

If a Filipino lawyer who lost his citizenship, and then subsequently re-acquires his Philippine citizenship
pursuant to RA9225, there is no restoration of his privilege to practice law in the Philippines. There is no
automatic right to resume law practice that accrues. Thus, before he can resume law practice, he must first secure
from the Court the authority to do so after payment of annual membership dues in the IBP, payment of
professional tax, compilation of at least 36 hours of MCLE, and retaking of the lawyer’s oath.

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F. ORGANIZATION AND REGULATION OF CORPORATIONS, PRIVATE & PUBLIC
Organization of Corporations

PRIVATE CORPORATIONS GOCCs

Congress shall not, except by GENERAL LAW, provide for the GOCCs may be created or established by SPECIAL
formation, organization or regulation of private corporations. CHARTERS in the interest of the common good and subject
to the test of economic viability.

G. MONOPOLIES, RESTRAINT OF TRADE & UNFAIR COMPETITION

Rule on Monopolies [Anti-Trust Law]
The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or
unfair competition shall be allowed.

What is the objective of the anti-trust law?

To assure a competitive economy based on the belief that through competition, producers will strive to satisfy consumer wants
at the lowest price with the sacrifice of the fewest resources. Competition among producers allows consumers to bid for goods
and services, and, thus matches their desires with society’s opportunity costs.

Monopoly
• Monopoly is when there is only one seller or producer of a product or service for which there are no substitutes.
• Monopoly is also a product of conspiracy by a few members who have the power to control and dominate trade and
commerce in a commodity to the extent that they are able to exclude actual or potential competitors from the field.

NOTES:
• The operation of monopolies is not totally banned by the Constitution. However, the State shall regulate them
when public interest so requires.
• What are prohibited are combinations in restraint of trade and unfair competition

Eastern Assurance vs. LTFRB

The 2 consortia of insurance companies that have been authorized to issue passenger insurance policies are adequately
regulated by the LTFRB to protect the riding public. While individual insurance companies may somehow be adversely
affected by this scheme, the paramount public interest involved must be upheld. In any event, all legitimate insurance
companies are allowed to become members of the consortia. Thus, there is no restraint of trade or unfair competition
involved.

Avon vs. Luna

Even contracts which prohibit an employee from engaging in business in competition with the employer are not necessarily
void for being in restraint of trade. In sum, contracts requiring exclusivity are not per se void. Each contract must be viewed
vis-à-vis all the circumstances surrounding such agreement in deciding whether a restrictive practice should be prohibited
as imposing an unreasonable restraint on competition.

Is RA No. 8180 which provides for the deregulation of the oil industry constitutional?
No. It was declared unconstitutional for 3 reasons:
1. It gave more power to an already powerful oil oligopoly
2. It blocked the entry of effective competitors
3. It will sire an even more powerful oligopoly whose unchecked power will prejudice the interest of the
consumers and compromise the general welfare

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 XIV. SOCIAL JUSTICE AND HUMAN RIGHTS
A. CONCEPT OF SOCIAL JUSTICE
Social Justice
→ neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the
equalization of social and economic forces by the State so that justice in its rational and objectively secular
conception may at least be approximated.
→ those who have less in life should have more in law
→ the policy of social justice is not intended to countenance wrongdoing simply because it is committed by the
underprivileged. Those who invoke social justice may do so only if their hands are clean and their motives
blameless and not simply because they happen to be poor.
→ Social justice under the 1987 Constitution is broader than the concept of social justice under the previous
Constitutions, and in fact, broader than the definition in Calalang vs. Williams. Social justice under the 1987
Constitution includes all phases of national development, instead of being merely limited to the removal of
socio-economic inequities.

The Congress shall give highest priority to the enactment of measures that:
(1) protect and enhance the right of all the people to human dignity,
(2) reduce social, economic and political inequities, and
(3) remove cultural inequities by equitably diffusing wealth and political power for the common good.

Principal Activities
The promotion of social justice shall include:
(1) creation of more economic opportunities and more wealth, and
(2) closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a more
equitable distribution of wealth and political power
(3) creation of economic opportunities based on freedom of initiative and self-reliance

Kilusang Mayo Uno v. Aquino III (2019)

The increases in SSS contributions reflected in the assailed issuances are a valid exercise of police power as they are
reasonably necessary to observe the constitutional mandate of promoting social justice under the Social Security
Act. The public interest involved here refers to the State’s goal of establishing, developing, promoting and perfecting
a sound and viable tax-exempt social security system.

Civil and Political Rights Social Rights

The guarantees of the civil and political rights found Social rights are not rights in the strict sense that the
principally in the Bill of Rights are self-executory and rights in the Bill of Rights are except to the extent that
ready for use. Once can assert those rights in a court of they prohibit government from embarking in activity
justice. contrary to the ideals of social justice.

These are primarily in the nature of claims or demands

which people expect government to satisfy. Thus, in the
nature of things, the satisfaction of these demands must
for the most part, depend on legislation.

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B. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
ECONOMIC, SOCIAL AND CULTURAL RIGHTS include rights to:
1. adequate food
2. adequate housing
3. education
4. health
5. social security
6. take part in cultural life
7. water
8. sanitation
9. work

LABOR
The State shall:
(1) afford full protection to labor, local and overseas, organized and unorganized and
(2) promote full employment and equality of employment opportunities for all.

NOTES:
• The right to organize is given to all kinds of workers both in the private and public sectors. Thus, a law cannot
be passed prohibiting selected sectors of labor from organizing unions.
• The workers have a right to hold peaceful concerted activities, except the right to strike, which is subject to
limitation by law. (e.g. policemen, firemen and public school teachers are prohibited from striking).
• The workers have the right to participate on matters affecting their rights and benefits as may be provided
by law.

AGRARIAN AND NATURAL RESOURCES REFORM

The mandate for agrarian reform is based on the right of farmers and regular farm workers who are landless, to own
directly or collectively the lands they till, or in the case of other farm workers, to receive a just share of the fruits
thereof.
• Scope of Agrarian Reform → extends not only to private agricultural lands, but also to other natural
resources, even including the use and enjoyment of communal marine and fishing resources and offshore
fishing grounds.
• All kinds of agricultural lands come under the scope of agrarian reform.
• Non-agricultural lands are exempt from land reform.
• Agricultural land held in trust is subject to agrarian reform since there is no distinction made whether the
landowner holds naked title only or can exercise all the rights of ownership.

URBAN LAND REFFORM AND HOUSING

The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing
program of urban land reform and housing which will make available at affordable cost decent housing and basic
services to underprivileged and homeless citizens in urban centers and resettlement areas.

HEALTH
The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to
make essential goods, health and other social services available to all the people at affordable cost. There shall be
priority for the needs of the underprivileged sick, elderly, disabled, women and children. The State shall endeavor to
provide free medical care to paupers.

WOMEN
The State shall protect working women by providing safe and healthful working conditions, taking into account their
maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize
their full potential in the service of the nation.

ROLE & RIGHTS OF PEOPLE’S ORGANIZATION

This is a recognition of the direct role which people have played and will play in setting the directions the nation will
take.
• People’s organization is a bona fide association of citizens with demonstrated capacity to promote the public
interest and with identifiable leadership, membership and structure.

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C. COMMISSION ON HUMAN RIGHTS
Composition
1. Chairman
2. Four (4) Members

Qualifications
1. Natural-born citizens
2. Majority are members of the Bar

President
• Has the power to appoint without need of confirmation by the Commission on Appointments

Commission on Human Rights

• Unlike the Constitutional Commissions, it does not enjoy fiscal autonomy
• It may investigate, receive evidence and make findings of fact, but not adjudicate
o The power of CHR is only investigative. It has no prosecutorial power. It must rely on the executive
department for prosecution.
• !!! It cannot issue writs of injunction or restraining order. It has no adjudicative powers.
• CHR’s jurisdiction are limited to cases involving protection of civil and political rights, not socio-economic or
social rights.
• Violations may be committed by public officers or by civilians or rebels.
• CHR can initiate court proceedings on behalf of victims of human rights violations.

Powers and Functions of CHR

1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and
political rights
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof
3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines,
as well as Filipinos residing abroad
4. Exercise visitorial powers over jails, prisons, or detention facilities
5. Establish a continuing program of research, education and information to enhance respect for the primary
of human rights
6. Recommend to the Congress effective measures to promote human rights and to provide for compensation
to victims of violations of human rights
7. Monitor the Philippine Government’s compliance with international treaty obligations on human rights
8. Grant immunity from prosecution to any person whose testimony or whose possession of documents or
other evidence is necessary or convenient to determine the truth in any investigation conducted by it or
under its authority
9. Request the assistance of any department, bureau, office or agency in the performance of its functions
10. Appoint its officers and employees in accordance with law
11. Perform such other duties and functions as may be provided by law

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 XV. AMENDMENTS OR REVISIONS
A. PROCEDURE TO AMEND OR REVISE THE CONSTITUTION
Lambino v. COMELEC, G.R. No. 174153, 25 October 2006
AMENDMENT REVISION
AMENDMENT broadly refers to a change that adds, REVISION broadly implies a re-examination of the
reduces, or deletes without altering the basic entire Constitution or of provisions where the change
principle involved. Revision generally affects several alters a basic principle in the constitution, like
provisions of the constitution, while amendment altering the principle of separation of powers or the
generally affects only the specific provision being system of checks-and-balances. There is also revision if
amended. the change alters the substantial entirety of the
constitution, as when the change affects substantial
provisions of the constitution.
(1) Quantity Test
(2) Qualitative Test

*The changes proposed in Lambino v COMELEC were

characterized as revision and not within the scope of
initiative and referendum.

Examples: Examples:
1. Change reducing the voting age from 18 to 15 1. Altering the principle off separation of powers
years old or system of checks-and-balances
2. Change reducing Filipino ownership of mass 2. Switch from presidential system to
media companies from 100% to 60% parliamentary system
3. Switch from bicameral system to unicameral
system

Ways to amend: Ways to revise:

1. Constituent Assembly 1. Constituent Assembly
➔ Congress by a vote of ¾ of all its members ➔ Congress by a vote of ¾ of all its members
2. Constitutional Convention 2. Constitutional Convention
a. Called by Congress by a vote of 2/3 of all
its members, or
b. Submit to the electorate the question of
calling such a convention, by a majority
vote of all its members
3. People’s Initiative

2-Step Process to Amend or Revise the Constitution

1. There must be a proposal of amendments or revision
2. Ratification

PROPOSAL
The constituent assembly can propose any change in the Constitution. The only possible exception is that it may not
propose anything that is inconsistent with Jus Cogens or peremptory norms of international law, “a norm accepted
and recognized by the international community of states as a whole as a norm from which no derogation is permitted
and which can be modified only by a subsequent norm of general international law having the same character”.

RATIFICATION
DOCTRINE OF PROPER SUBMISSION
A plebiscite may be held on the same day as a regular election. The entire Constitution must be submitted for
ratification at one plebiscite only. The entire Constitution must be submitted for ratification. The people have
to be given a “proper frame of reference” in arriving at their decision.
• Thus, submission for ratification of piece-meal amendments by the Constitutional Convention was
disallowed since the people had, at that time no idea yet what the rest of the revised Constitution would be.

Ratification can be done through a special election or during a general election.

However, when the people in the exercise of their sovereignty decides that they no longer wish to be bound by the
amendatory process of the Constitution, there is legally nothing to prevent them from adopting a new Constitution
in a novel extra-constitutional manner. In other words, a new constitution can come into being extra-constitutionally,
i.e., by revolution.

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Judicial Review
The validity of the process of amendment is not a political question because the Court must review if constitutional
processes were followed.
• The decision of Congress to call for a constitutional convention is completely within its discretion, but the
manner of calling a convention is subject to judicial review.
• The substance of the proposals made by a constituent assembly is not subject to judicial review as it is left
to its wisdom.
• However, the manner of making the proposal is subject to judicial review, i.e. if proposal was approved by
the required number of votes or if approved proposals were submitted to the people for ratification.

Three Ways to AMEND the Constitution

1. FIRST MODE: Constituent Assembly
• Congress upon three-fourths vote of all its Members
• This is within the full discretion of the legislature. (Political Question)
• It is submitted that the Congress herein will vote separately because when Congress proposes
amendments, it does not transform itself into a different body. Even if they are in a joint session, they
must still vote separately because Congress is bicameral.

2. SECOND MODE: Constitutional Convention

It comes into existence by
(a) vote of two-thirds of all the members of Congress, or
(b) by a majority vote of all members of Congress, submit to the electorate the question of calling
such a convention.
NOTES:
• It is also submitted that Congress will vote separately.
• What the Constitution provides is that the Congress, in its constituent capacity, call for a
constitutional convention. The matter of implementing the earlier call for a constitutional convention
can be undertaken by the Congress by a simple legislation (law). Thus, a law implementing the earlier
call for a constitutional convention is valid.
• During its existence, the Constitutional Convention is considered as an independent body from the
3 branches of the Government. There are 3 theories regarding the status of Constitutional
Convention:
o First Theory: Theory of Conventional Sovereignty. It is superior with the 3 branches.
o Second Theory: It is co-equal with the 3 branches. (Mabanag vs. Lopez) Thus, it cannot be
commanded by any of the other 3 branches of government. (Follow this theory)
o Third Theory: It is subordinate to the 3 branches since it is a mere creation of the Congress.

3. THIRD MODE: People’s Initiative [12%-3%]

• There must be a petition of at least 12% of the total number of registered voters,
• of which every legislative district must be represented by at least 3% of the registered voters
therein.
• No amendment under this mode shall be authorized within five years from the ratification of this
Constitution nor oftener than once every five years thereafter.
• The proposed amendment shall come into effect after ratification by a majority of the votes cast
in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the
certification by the Commission on Elections of the sufficiency of the petition.

There are 2 essential requirements:

(1) The people must author and sign the entire proposal (no agent/representative can sign)
(2) As an initiative upon a petition, the proposed amendments must be embodied on the face of the
petition. It can also be attached so long as the fact of attachment is indicated on the face of the
petition.

NOTES:
• People’s initiative applies only to an amendment of the Constitution.
• The provision is not self-executory. Thus, there must be an implementing law for it to operate.
• Santiago vs. COMELEC
o RA 6735 presented procedures for petition for initiative of laws, ordinances and amendment
of Constitution.
o The SC ruled that RA 6735 is constitutional with respect to petition for initiative of laws and
ordinances.
o However, it ruled that the petition for initiative for the amendment of the Constitution is
unconstitutional because it did not prescribe specific procedures for such amendment.
o THUS, currently, we do not have a law implementing the provision on initiative for
amendment of Constitution.

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 XVI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS,
CULTURE, AND SPORTS
The State shall promote and protect:
1. Quality education → education that is of high academic standards
2. Affordable education → education that is financially within the reach not just of the wealthy
3. Relevant education → relevant to the needs of people and society.

NOTES:
• The right to quality education is not absolute but subject to “fair, reasonable and equitable admission and
academic requirements”
• The right to education is also limited by the right of schools to dismiss, after due process, for disciplinary
reasons.
• Although the relation between student and school is contractual, the contract is for the duration of the course
until graduation, subject to the right of the school to dismiss the students for academic or disciplinary reason.
• Procedural Due Process in Academe
o Student must be informed in writing of the nature and cause of any accusation
o Right to answer the charges with the assistance of counsel if desired
o Informed of the evidence against him
o Right to adduce evidence in his own behalf
o Evidence must be duly considered by the school authorities to hear and decide the case
• Educational institutions shall be owned solely by citizens of the Philippines or corporations at least 60% of
the capital is owned by such citizen.
o Except those established by religious groups and mission boards (can be foreigners)
• The control and administration of educational institutions shall be vested in citizens of the Philippines.
• No educational institution shall be established exclusively for aliens and no group of aliens shall comprise
more than 1/3 of the enrolment in any school.

A. ACADEMIC FREEDOM
Academic Freedom shall be enjoyed in all institutions of higher learning. This can be viewed from the POV (1) of a
faculty member, and (2) of the academic institution.

FREEDOM OF A FACULTY MEMBER

It is the freedom of professionally qualified persons to inquire, discover, publish and teach the truth as they see it in
the field of their competence, subject to control of the methods. The faculty members have:
1. Full freedom in research and in publication of the same
➔ Subject to adequate performance of their academic duties
2. Freedom to discuss his subject in the classroom
➔ Subject to the responsibility not to introduce controversial matter which has no relation to their subjects
3. Freedom from institutional censorship or discipline
➔ Subject to the responsibility to be accurate, to respect the opinions of others, and o exercise restraint.

FREEDOM OF AN ACADEMIC INSTITUTION

It is the freedom to provide that atmosphere which is most conducive to speculation, experimentation, and creation.
The 4 essential freedoms of a university are:
1. Who may teach
2. What may be taught
a. Institutional academic freedom includes the right to discipline the students. While students have a
right to freely choose their field of study, subject to existing curricula and to continue their course up
to graduation, such right is subject to the established academic and disciplinary standards laid down
by the academic institution.
3. How it shall teach
a. Right to decide for itself, its aims and objectives, and how best to attain them free from outside
coercion or interference
4. Who may be admitted to study
a. This includes the right to determine who may be granted degrees, and who are entitled to the grant
of honors.
b. Institutions cannot be compelled by mandamus to admit students because there is no duty to admit.
c. Right to education is subject to broad academic freedom to impose fair, reasonable and equitable
admission and academic requirements.

Rights of Students
Students have the right to enjoy in school the guarantees of the Bill of Rights.

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NOTES:
• Academic freedom cannot be used to discriminate against students exercising constitutional right of speech
and assembly. However, it is not protected when speech material disrupts classwork or causes disorder or
invasion of the right.
• Every citizen has a right to select a profession or course of study, subject to fair, reasonable and equitable
admission and academic requirements.
• The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-
academic personnel shall enjoy the protection of the State.
• It is violative of the academic freedom of schools to unduly restrict reviewees from attending review classes,
briefing conferences or the like, and receiving any handout, review materials, etc.
• Highest Budgetary Priority to Education
o The State shall assign the highest budgetary priority to education and ensure that teaching will
attract and retain its rightful share of the best available talents thru adequate remuneration and other
means of job satisfaction and fulfillment.
o This provision does not mean that all must yield to giving highest budgetary priority to education.
This cannot deprive the Congress from responding to national interest and other state policies or
objectives. For instance, allocation of larger share to debt service than education is not
unconstitutional.
• !!! NMAT case vs. PHILSAT case
o In the NMAT case, it was constitutional.
▪ The NMAT scores can be considered by the medical schools in determining admission of
students. It is only one of many factors that it can consider.
o In the PHILSAT case, it was unconstitutional.
▪ The PHILSAT is a pre-requisite before entering law school, such that if you fail the PHILSAT,
you cannot enroll in any law school. This infringes the academic freedom of the law schools.
• !!! Requirement for Law Professors to have master’s degree
o It is true that institutions have the academic freedom to choose who to teach. HOWEVER, this is
subject to the police power of the State. Is there a valid exercise of police power?
▪ NO. The SC ruled that it violated the Lawful Means Test. SC found that the rule was
unreasonable because:
• The compliance period was too short
• There were only 6 law schools in the Philippines offering master’s degree program
• It is unreasonable that the rating or ranking of school will be affected when the school
does not have enough professors with master’s degree
• It is unreasonable to give the LEB the discretion to determine whether a person is an
expert of law to be exempt from the requirement of master’s degree

B. CONSTITUTIONAL TAX EXEMPTIONS FOR CERTAIN EDUCATIONAL INSTITUTIONS

All revenues and assets of non-stock, non-profit (NSNP) educational institutions used actually, directly and
exclusively (ADE) for educational purposes shall be exempt from taxes and duties.

Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such
exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for
reinvestment.

All grants, endowments, donations, or contributions used ADE for educational purposes shall be exempt from tax.

Expanded Tax Coverage

The coverage is broad because it includes all revenues and assets and taxes and duties. It therefore expands the tax
coverage on Art. VI., Sec. 28(3) which covers only lands, buildings and improvements.

The coverage is precise because these assets and revenues must be used directly and exclusively for educational
purposes.

Requisites for Tax Exemption

1. The institution is NSNP educational institution
2. The assets and revenues are used actually, directly and exclusively for educational purposes.
a. The revenues need not be sourced from educational activities. Thus, the revenues may be earned out
of non-educational related activities, so long as the revenues will be used ADE for educational
purposes.

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!!! Council of Teachers vs. Secretary of Education
1. Whether DO No. 31 is a usurpation of legislative authority as it creates a law without delegation of
power.
NO. It did not add 2 years to basic education nor did it impose additional obligations to parents and children.
It is an administrative regulation addressed to DepEd personnel providing for general guidelines on the
implementation of a new curriculum for Grades 1 to 10 in preparation for the K to 12 basic education.

2. Whether Section 1 Article XIV (Right to Quality Education) and Section 6 Article XIV (Use of Filipino
Language) are self-executory.
NO. Promotion of right to quality education was put in the Constitution as moral incentives to legislation, not
as judicially enforceable rights.

3. Whether K to 12 Law is unconstitutional when it made kindergarten and SHS compulsory.

NO. There is no conflict between K-12 Law and related issuances and the Constitution when it made
kindergarten and SHS compulsory. The Constitution is clear in making elementary education compulsory, K-
12 Law did not change this, but affirmed it. The definition of basic education was expanded by the legislature
consistent with State’s police power. Kindergarten was included as basic education. The Constitution did not
curtail the legislature’s power to determine the extent of basic education. It only provided a minimum
standard: that elementary education be compulsory.

4. Whether K to 12 Law is unconstitutional for violating the right to select a profession or course of
study.
NO. There is no conflict between K-12 Law and its IRR and the RIGHT TO CHOOSE PROFESSION OR COURSE
OF STUDY. The SHS curriculum is designed in such a way that students have core subjects (they may choose
among the 4 strands). Petitioner failed to show that the State has imposed unfair and inequitable conditions
for SHS to enroll in their chosen path. K-12 program is precisely designed in such a way that students may
choose to enroll to schools which offer the strands of their choice.

5. Whether K to 12 Law is unconstitutional fin requiring the use of mother tongue or regional or native
language as primary medium of instruction for kindergarten and first 3 years of elementary
education.
NO. In the absence of a law that designates Filipino as the primary medium of instruction even in the regions,
the regional languages may be used as primary media of instruction. The Congress, however, opted not to
enact such law. On the contrary, the Congress, in the exercise of its wisdom, provided that the regional
languages shall be used as primary media of instruction in the early stages of schooling. This is not only
Constitutionally permissible but likewise an exercise of an exclusive prerogative to which the Court cannot
interfere.

6. Whether K to 12 Law is unconstitutional as the faculty from Higher Education Institution (HEI) stand
to lose their academic freedom when they are transferred to SHS level.
NO. The teachers’ transfer to the secondary level is NOT a violation of their academic freedom. While security
of tenure is important aspect of academic freedom, it is likewise equally true that convergence of security of
tenure and academic freedom does not preclude the termination of a faculty member for a valid cause. Civil
servants, like petitioners, may be removed from service for a valid cause, such as when there is bona fide
reorganization, or a position has been abolished or rendered redundant, or there is a need to merge, divide,
or consolidate positions in order to meet the exigencies of service.

7. Whether students will be forced to enroll in private schools and that there will be a de facto
privatization of SHS education thru the voucher system.
NO. The SHS Voucher program does not force students to enroll in private SHS. It simply offers a viable
alternative to both students and government – to the student, a subsidized private education, and to the
government, decongested public schools.

8. Whether CMO 20 is unconstitutional because the study of Filipino, Panitikan, and PH Constitution are
not included as core subjects.
NO. All sections under arts and culture are NOT self-executory. These are only policies that may be used by
the judiciary as aids or guides. Also, the study of Filipino, Panitikan and Constitution are actually found in the
basic education curriculum from G1-10 and SHS. The allegation that these were “removed” are incorrect.

9. Whether K to 12 Law violates substantive due process.

NO. K to 12 Law does not offend the substantive due process. The assailed law’s declaration of policy itself
reveals that the objectives of the law serve the interest of the public and not only of a particular class. All
students are intended to benefit from the law. Further, the means employed by the assailed law are
commensurate with its objectives. The restructuring of the curriculum with the corresponding additional
years in SHS were meant to improve the quality of basic education, and to make the country’s graduates more
competitive in the international arena.

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10. Whether K to 12 Law violates the equal protection clause.
NO. Valid classification require real and substantial difference to justify the variance of treatment between
the classes. Here, the MSHS students (gifted students) did not offer any substantial basis for the Court to
create a valid classification between them and the rest of the high school students in the Philippines.
Otherwise stated, the equal protection clause would, in fact, be violated if the assailed law treated the MSHS
students differently from the rest of the high school students in the country. The MSHS students, after all, are
high school students just like all the other students.

11. Whether the following policy issues raised are tenable.

a. K to 12 only increases the resource gap by creating more need for resources.
b. K to 12 is problem-ridden.
c. Philippine government does not have enough funds to add 2 more years of SHS.
d. Student-teacher ratio is far from ideal
e. Teachers are paid low salaries
f. There is no assurance that SHS results in good employment
NO. Policy matters are not the concern of the Court. It is within the exclusive dominion of the political
branches of the government. It is not for the Court to look into the wisdom or propriety of legislative
determination.

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 XVII. PUBLIC INTERNATIONAL LAW
A. CONCEPET
PUBLIC INTERNATIONAL LAW
A body of legal principles, norms, and processes, which
1. regulates the relations of States and other international persons, and
2. governs their conduct affecting the interests of the international community as a whole.

HARD LAW SOFT LAW

This refers to binding international legal norms or those It is used to describe international instruments that
which have coercive character. their makers recognize are not treaties, but have as
their purpose the promotion of norms which are
believed to be goods and therefore should have general
or universal application.

INTERNATIONAL COMITY (Comitas Gentium)

Refers to the rules of politeness, convenience, and goodwill observed by States in their mutual intercourse without
being legally bound by them.

Primary Concepts of International Law

1. PAR IN PAREM NON HABET IMPERIUM → An equal cannot have dominion over another equal. All states
are treated equals, regardless of size of territory, population and economic status.
2. PACTA SUNT SERVANDA → Pacts are to be complied with in good faith. The Vienna Convention on the Law
of Treaties makes reference to pacta sunt servanda as a universal rule, i.e., every treaty in force is binding
upon the parties to it and must be performed by them in good faith.
3. OBLIGATIONS ERGA OMNES → obligations owed by States towards the international community of states
as a whole. Erga Omnes literally means in relation to everyone.
a. ERGA OMNES OMNIUM → General international law. The obligation is owed to the international
community.
b. ERGA OMNES PARTES → Multilateral treaty. The obligation is owed to all the other States parties to
the same treaty in any given case.
4. JUS COGENS → norms accepted and recognized by the international community of States as a whole, that
command peremptory authority, superseding conflicting treaties and custom. The term jus cogens means
compelling law. These are considered peremptory in the sense that they
a. are mandatory,
b. do not admit derogation, and
c. can be modified only by general international norms of equivalent authority.
NOTE: A treaty is void, if at the time of its conclusion, it conflicts with a peremptory norm of general
international law or jus cogens.
5. EX AEQUO ET BONO → pertains to the power of the International Court of Justice to decide a case equitably
or according to what is fair and good, !!! provided that the parties expressly agree. It literally means
justice and fairness.

WORLD HEALTH ORGANIZATIONS (WHO) AND ITS ISSUANCES

WHO issuances partake of the nature of “soft law” which do not have any binding force, but are merely advisory
opinions as they are a product of the UN, it is not created out of a treaty but is created by internal arrangements of
the UN. There is no penalty for non-compliance with the WHO issuances.

EFFECT OF UN DECLARATIONS, RESOLUTIONS and UN SECURITY COUNCIL RESOLUTIONS

UN Declarations and Resolutions UN Security Council Resolutions
Declarations of legal principles and resolutions by the UN Security Council Resolutions are binding. The
UN are generally considered merely recommendatory Members of the UN agree to accept and carry out the
except on matters involving membership. decisions of the Security Council in accordance with the
present Charter.
Opinio Juris Communis
When the UN Declarations and Resolutions are BUT, the binding nature applies only if the resolution
supported by all the states, they are an expression of was exercised in accordance with Chapter VII of the UN
opinion juris communis. Charter, i.e., action with respect to threats to the peace,
breaches of peace, and acts of aggression.

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B. RELATIONSHIP BETWEEN INTERNATIONAL AND NATIONAL LAW
PUBLIC INTERNATIONAL LAW PRIVATE INTERNATIONAL LAW
Governs conduct between States with other States or Considered in the concept of conflict of laws; governs
International Organizations conduct between individuals; or an individual and a
State
Derived from international conventions, international Derived from the law-making power or similar power
customs and other general principles of law of a State
Resolved through Resolved through judicial process
a. State to State negotiations
b. Arbitration; or
c. War
Collective responsibility in case of violation Individual responsibility in case of violation
Adopted by States Imposed by a superior entity; e.g. municipal laws

Under dualism, no conflict can ever arise between international and municipal law, because the 2 systems are
mutually exclusive. If international law is applied with a state, it is only because it has been expressly incorporated
by municipal law. The Philippines is a dualist state.

International law can be part of Municipal or Domestic Law through:

1. DOCTRINE OF INCORPORATION, as expressed in Section 2, Article II of the Constitution, wherein the

Philippines adopts the generally accepted principles of international law and international
jurisprudence as part of the law of the land and adheres to the policy of peace, cooperation, and amity with
all nations.

NOTE: SOJ v. Lantion— The doctrine of incorporation decrees that rules of international law are given equal
standing, but are not superior to, national legislative enactments. In the Philippines, statutes and treaties
may be invalidated if they conflict with the Constitution.

2. DOCTRINE OF TRANSFORMATION, which holds that the generally accepted rules of international law are
not per se binding upon the State but must first be embodied in legislation enacted by the lawmaking
body and so transformed will they become binding upon the State as part of its municipal law.

Section 21, Art. VII of the Constitution: No treaty or international agreement shall be valid and effective
unless concurred in by at least two-thirds of all the Members of the Senate.
Usually requires a positive action from the State—specifically, the legislative body.

NOTES:
• Should a conflict arise between an international agreement and the Constitution, the treaty would not be
valid and operative as domestic law. The Constitution explicitly recognizes the power of the SC to declare
a treaty unconstitutional.
• The fact that international law has been made part of the law of the land does not imply the primacy of
international law over municipal law. In case of conflict:
▪ Efforts should be exerted to harmonize treaty and municipal law
▪ If irreconcilable, municipal courts should uphold municipal law.
• Fitzmaurice Compromise → assumes that international and national law are supreme in its own
domain, thereby any apparent conflict in the domestic field is automatically settled by the domestic
conflict rules of the forum, and any conflict in the international field would be resolved by international
law.

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C. SOUURCES OF OBLIGATIONS IN INTERNATIONAL LAW
ARTICLE 38, ICJ
PRIMARY SOURCES SUBSIDIARY SOURCES
1. International Conventions → treaties 1. Judicial Decisions
2. Customary International Law → international !!! NOTE: Stare decisis does NOT apply.
custom The decisions of the court have no
3. General Principles of Law → recognized by binding force except between the parties
civilized nations and in respect of that particular case.
2. Teachings of the most highly qualified
publicists of the various nations

TREATY
The basis of treaty obligation is consent. No state may be bound by a treaty obligation unless it has so consented.

CUSTOMARY INTERNATIONAL LAW

Customs → Unwritten rules that are from the general and uniform practice of States and adhered to by such States
out of legal sense of obligation. These are legally binding upon all States, regardless of whether they consent or not,
subject to the persistent objector rule
➔ For a state not to be bound by customary international law, it must establish that it is a persistent
objector, i.e., always opposed to any attempt to apply that custom to it.

ELEMENTS: DCGO
1. Duration
No particular duration is required. While passage of time can be considered as part of the evidence
of generality and consistency, a long practice is not necessary.
2. Consistent state practice
In invoking custom, it must be proven that there is a constant and uniform usage of a custom
practiced by the states in question. Complete uniformity is not required; substantial uniformity is
enough.
3. Generality of practice
4. Opinio juris sive necessitates
Pertains to a legal sense of obligation; this refers to a recognition by states that a certain practice is
“obligatory,” and a belief that such practice is required by, or consistent with international law. They
do so for the reason that the practice is required by law, and not merely because of courtesy or
political expediency.

Examples of customary norms:

1. Pacta sunt servanda
2. State immunity
3. Right of innocent passage

GENERAL PRINCIPLES OF LAW

Principles based on natural justice common to most national systems of law. These refer to those general principles
in municipal law that may be appropriated to apply to the relations of states (e.g., good faith, estoppel, res judicata,
exhaustion of local remedies, unjust enrichment).

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D. SUBJECTS OF INTERNATIONAL LAW
1. States
State, as a subject of international law, has international personality which means that it has the right to have
its claims respected internationally. A State has absolute personality.
• FAILED STATE → One which has not had a government in control of most of the territory for several
years. A failed state does not cease to be a state.
• ASSOCIATION OF STATES → An association is formed when 2 States of unequal power voluntarily
establish durable links. One state, the associate, delegates certain responsibilities to the other, the
principal, while maintaining its international status as a State. HOWEVER, this concept is not
recognized under the present Constitution. The Constitution does not contemplate any State in this
jurisdiction other than the Philippine State.
• PRINCIPLE OF STATE CONTINUITY → The State continues as a juristic being notwithstanding the
changes in its circumstances, provided only that such changes do not result in the loss of any of its
essential elements.

2. International Organizations
These are created by sovereign States and whose functions are regulated by international law, not the law of
any given country. They have functional personality which is limited to what is necessary to carry out their
functions as found in the instruments of the organization.

GR: The status and powers of an international organization is determined by agreement and not
by general or customary international law. They are considered subjects of international law
if their legal personality is established by their constituent instrument.

EXP: United Nations. It has objective international personality. Its personality is binding on the
whole international community, including States who are not UN members.

Although they have personality in international law, their powers and privileges are by no means like those
of states. Their powers and privileges are limited by the constituent instrument that created them.

3. Individuals
Individuals may assume the status of subjects of international law only on the basis of agreement by states
and in specific context, not in accordance with general or customary international law.

E. REQUISITES OF STATEHOOD
ELEMENTS OF A STATE (Montevideo Convention)
1. PERMANENT POPULATION
Not based on number of people. What is required is the existence of a permanent population of individuals
who owe allegiance and obedience to that State.

2. DEFINED TERRITORY
The defined portion of the surface of the globe which is subjected to the sovereignty of the State. No minimum
amount of territory, so long as it is occupied by the population.

3. GOVERNMENT
Government must be organized, exercising control over and capable of maintaining law and order within its
territory.

4. CAPACITY TO ENTER INTO RELATIONS WITH OTHER STATES

Power and rights to enter into foreign relations without restraint from another entity.
e.g. Province of North Cotabato v. Republic – involves the creation of BJE allowing it to enter into contracts with
another State. It was unconstitutional because BJE became a sub-State, or a State within a State.

RECOGNITION → an act by which a state acknowledges the existence of another state, government or belligerent
community and indicates willingness to deal with the entity as such under international law.

Is recognition of a state required?

1st School of Thought - Peace Congress of Vienna 2nd School of Thought - Montevideo Convention
Yes. Constitutive theory No. Declaratory theory Capacity to enter juridical
relations with another State (Element #4) and
Recognition of a State are 2 different things. Entering into
juridical relations does not require a positive act from the
other State.
The weight of authority favors the declaratory view.

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F. JURISDICTION OF STATES
1. Basis of Jurisdiction
a. Territoriality Principle
The fundamental source of jurisdiction is sovereignty over territory. A State has absolute, but not
necessarily exclusive, power to prescribe, adjudicate and enforce rules for conduct that occurs within
its territory.
EFFECTS DOCTRINE → A State also has jurisdiction over acts occurring outside its territory
but having effects within it.
1. Subjective Territorial Principle → a state has jurisdiction to prosecute and
punish for crime commenced within the state but completed or consummated
abroad.
2. Objective Territorial Principle → a state has jurisdiction to prosecute and
punish for crime commenced without the state but consummated within its
territory

b. Nationality Principle
Every state has jurisdiction over its nationals even when those nationals are outside the state.
• It is for each State to determine under its own law who are its nationals.
• Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality.

Statelessness
Stateless persons are those who do not have a nationality. They are either de jure or de facto stateless.
1. De Jure Stateless Person → those who have lost their nationality, if they had one, and
have not acquired a new one.
2. De Facto Stateless Person → those who have a nationality but to whom protection is
denied by their state when out of the state. This is the situation of many refugees.
!!! NOTE: A Stateless person shall be accorded the same treatment granted to a national of the
country of his habitual residence with respect to specific rights:
▪ Right to religion and religious instruction
▪ Access to courts
▪ Elementary education
▪ Public relief and assistance and rationing of products in short supply
▪ Treatment of no less favorable than that accorded to aliens
▪ Under the UDHR, everyone has the right to nationality.

c. Protective Principle
A State may exercise jurisdiction over conduct outside its territory that threatens its security, as long
as that conduct is generally recognized as criminal by states in the international community.

d. Universality Principle
Recognizes that certain offenses are so heinous and so widely condemned that any State, if it captures
the offender, may prosecute and punish that person on behalf of the international community,
regardless of the nationality of the offender or victim, or where the crime was committed.

e. Passive Personality Principle

A State may apply criminal law to an act committed outside its territory by a person not its national
where the victim of the act was its national.

NOTES:
• Since there are various accepted principles for assuming jurisdiction, more than 1 State may have a valid
claim to jurisdiction.
• Forum Non Conveniens → A Philippine court or agency may assume jurisdiction over the case if it chooses
to do so, provided:
1. That the Philippine court is one to which the parties may conveniently resort to
2. That the Philippine court is in a position to make an intelligent decision as to the law and the facts
3. That the Philippine court has or is likely to have power to enforce its decision.

#GETTHATBAR2022
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2. Exemptions from Jurisdiction
a. State Immunity from Suit
It refers to a principle by which a State, its agents, and property are immune from the jurisdiction off
another state.
• This is premised on the juridical equality of states, according to which a state may not impose
its authority or extend its jurisdiction to another state without the consent of the latter thru
a waiver of immunity.
• This is a customary norm of international law that holds, unless waived by the state
concerned.
• The immunity applies even if the claim against the state is for violation of a jus cogens norm
in international law.

b. Act of State Doctrine

Courts of one country will not sit in judgment on the acts of the government of another in due
deference to the independence of sovereignty of every sovereign State.
• This is one of the methods by which State prevent their national courts from deciding
disputes which relate to the internal affairs of another State, the other two being immunity
and non-justiciability.
• It requires the forum court to exercise restraint in the adjudication of disputes relating to
legislative or other governmental acts which a foreign State has performed within its
territorial limits.

c. Diplomatic Immunity
The purpose of immunity from jurisdiction is not to benefit individuals but to ensure the efficient
performance of the functions of diplomatic missions as representing States.

Diplomatic immunity is a blanket immunity for all criminal and civil suits.

Who constitutes the diplomatic mission?

1. Heads of the diplomatic mission:
a. Ambassadors or nuncios
b. Envoys, ministers or internuncios
c. Charges d’ affairs
2. Staff of the diplomatic mission:
a. Diplomatic staff
b. Administrative staff (clerical assistants)
c. Technical and service staff (drivers and receptionists)

Only the heads of missions, as well as members of the diplomatic staff, excluding the members of
the administrative, technical and service staff, of the mission are accorded diplomatic rank.
• Only the “diplomatic agents” are vested with blanket immunity from civil and criminal suits.
• The Vienna Convention on Diplomatic Relations defines “diplomatic agents” as the heads of
missions or members of the diplomatic staff, thus impliedly withholding the same privileges
from all others.

NOTES:
• Attaches are not regarded as members of diplomatic mission, nor are they designated as
having diplomatic rank.
• !!! Remember, a person may not be immune under Diplomatic Immunity because he is not
considered a diplomatic agent, but he may still be immune under the doctrine of State
immunity, if it applies.
• When an individual ceases to be a member of the staff of a diplomatic mission, his immunity
continues for a reasonable time in order to give him time to leave the country. After that, he
may be sued for private acts done during his office, but not for official acts.

Consular Immunity (Vienna Convention on Consular Relations)

• The immunities and privileges of a consul are:
o Inviolability of their correspondence archives, and other documents
o Freedom of movement and travel
o Immunity from jurisdiction for acts performed in official capacity
o Exempt from testifying on official communications or on matters pertaining to
consular functions
o Exemption from certain taxes and customs duties
• Consuls are concerned with commercial matters in another state. They do not represent a
state on political matters like an Ambassador.
#GETTHATBAR2022
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 d. International Organizations and Its Officers
Immunity from Local Jurisdiction → international organizations and its officers are immune from
legal writs and processes issued by the tribunals of the country where it is found. The reason is that
the subjection to the authority of local courts would impair the capacity of such body to discharge its
responsibilities impartially on behalf of its member-states.
• International institutions should have a status which protects them against control or
interference by any one government in the performance of functions for the effective
discharge
• No country should derive any national financial advantage by levying fiscal charges on
common international funds
• The international organization should be a accorded the facilities for the conduct of its official
business customarily extended to each other by individual member states.

G. GENERAL PRINCIPLES OF TREATY LAW

Under international law, the distinction between a treaty and an international agreement or even an executive
agreement is irrelevant for purposes of determining international rights and obligations. However, this
principle does not mean that the domestic law distinguishing treaties, international agreements, and executive
agreements is relegated to a mere variation in form, or that the constitutional requirement of Senate concurrence is
demoted to an optional constitutional directive. There remain very important features that
distinguish treaties from executive agreements.

TREATY EXECUTIVE AGREEMENT

(1) an international agreement merely involve arrangements on the implementation
(2) concluded among states of existing policies, rules, laws or agreements
(3) in written form and • Arrangements of temporary nature
(4) governed by international law whether • Implementation of treaties and statutes
embodied in a single instrument or two or more • Transitory effectivity
related instruments and whatever particular • Adjustment of details carrying out established
designation they may be given national policies and tradition
NOTES:
• When it is not entered by a State or when
entered into by an entity that is NOT a State (e.g.
Taliban) then it is NOT a treaty.
• When entered into by a State that subsequently
loses its identity as such—then it is no longer a
treaty.

Requires concurrence of the Senate under Section 21, Become binding through executive action without the
Art. VII of the Constitution: No treaty or international need of a vote by the Senate
agreement shall be valid and effective unless
concurred in by at least 2/3 of the Senate.

by their very nature, considered superior to executive Limits to Executive Agreements:

agreements—rationale: product of the acts of the 1. must remain traceable to an express or
Executive and the Senate, unlike executive agreements. implied authorization under the
Constitution, statutes, or treaties—absence of
Substantive Restrictions on Treaties: these precedents puts the validity and effectivity
1. Jus Cogens → a treaty is void if, at the time of its of executive agreements under serious question
conclusion, it conflicts with a peremptory norm e.g. Balikatan 02-1 exercises—derived from a
of general international law. Jus cogens norms previous treaty which is VFA and Mutual
are norms accepted and recognized by the Defense Treaty, hence Senate concurrence is no
international community of States as a whole as longer required.
a norm from which no derogation is permitted
and which can be modified only by a subsequent 2. cannot create new international obligations
norm of general international law having the that are not expressly allowed or reasonably
same character. implied in the law they purport to implement
2. Principle of Charter Supremacy → in the
event of conflict between the obligations of the
Members of the UN under the UN charter and
their obligations under any other international
agreement, their obligations under the UN
Charter shall prevail.

RATIFICATION → Usually makes reference to Senate concurrence under Section 21, Art. VII of the Constitution.
HOWEVER, when purely involving States, the traditional concept of ratification is used, i.e., time of signing of a treaty.

#GETTHATBAR2022 by the President or

FLORES · TARADJI
representative
 SAGUISAG V. EXECUTIVE SECRETARY (2016)
• The President may enter into an executive agreement on foreign military bases, troops, or facilities, if—
(a) it is not the instrument that allows the presence of foreign military bases, troops, or facilities; or
(b) it merely aims to implement an existing law or treaty.
• The admission and presence of U.S. military and civilian personnel in Philippine territory are already allowed
under the VFA, the treaty supposedly being implemented by EDCA. What EDCA has effectively done, in fact,
is merely provide the mechanism to identify the locations in which U.S. personnel may perform allowed
activities pursuant to the VFA.
NOTES:
• In the realm of treaty-making, the President has the sole authority to negotiate with other States. The
Congress may not interfere in the field of treaty negotiations.
• The signing of a treaty is composed of 2 separate and distinct processes:
1. Signing of the treaty by the Executive Department during the negotiation stage
2. Ratification stage where the President ratifies a treaty, but with the concurrence of 2/3 of
Senate.
• It is within the authority of the President to refuse to submit a treaty to the Senate, or having refused its
consent for ratification, refuse to ratify it. The Senate’s role is limited only to giving or withholding its
concurrence to the ratification. Senate cannot, by mandamus, compel the executive to transmit a treaty for
concurrence.
• GR: Treaties are binding only to the contracting States.
EXP:
① Accession or
Adhesion ↓ (1) When the treaty grants benefits to a 3rd state, such that the 3rd state is a beneficiary, such 3rd state
may invoke the treaty even if it is not a contracting state.
favored nation (2) When the treaty merely codifies existing international law (e.g., UNCLOS)
② Most
clause → a contracting state entitled to the clause may claim the benefits extended by the latter to another state in a separate agreement
.

TREATY-MAKING PROCESS
principia 1. Negotiation
¥ ¥+7911
meat
+ 2. Signature
3. Ratification
4. Exchange of the instruments of ratification
Consent to be bound by the terms of a treaty may be expressed thru:
(1) SIGNATURE of its representative
Practice of Alternat → arrangement under which each negotiator is allowed to sign
first on the copy of the treaty which he will bring home to his own country, the
purpose being to preserve the formal appearance of equality among the contracting
states.
(2) EXCHANGE OF INSTRUMENTS constituting a treaty
(3) RATIFICATION
(4) ACCESSION

In the Philippines, the President ratifies a treaty, and the Senate concurs. A treaty becomes effective only upon
concurrence by at least 2/3 of all the members of the Senate, i.e., 16 senators.
• Thus, when making treaties, the President (or his representative) shall make a reservation that the treaty is
not binding yet until concurred in by the Senate. Otherwise, without such reservation, the treaty can be
binding to the State by mere signature.
• What if the treaty has already been signed by the President, but not yet concurred in by the Senate?
When a State signs a treaty, although still pending the concurrence of the Senate, the State is still bound to
ensure that it will not do any acts that are contrary to the object and purpose of such treaty. The treaty is not
yet binding as against the State, but the State is obliged not to defeat the object and purpose of such treaty.

RESERVATIONS
A reservation is a unilateral statement made by a state upon entering a treaty and operates to exclude or modify the
legal effect of certain provisions of the treaty.

IMPORTANT PRINCIPLES:
1. TRAVAUX PREPARATOIRES → the preparatory work of a a treaty that contains its legislative history. It is
used as a supplementary means of interpretation of a treaty.
2. PACTA SUNT SERVANDA → every treaty in force is binding upon the parties to it and must be performed
by them in good faith
3. REBUS SIC STANTIBUS → thee is a fundamental change in circumstance which is so substantial that the
foundation upon which the consent of a state to be bound initially rested has disappeared, or the obligation
is transformed radically that it becomes burdensome or unreasonable.
4. CLEAN SLATE RULE → when one State ceases to exist and is succeeded by another on the same territory,
the newly independent State is not bound to maintain in force, or become a party to, any treaty made by its
predecessor although, at the date of succession of States, the treaty was in force with respect to the territory
to which the succession of State relates.
#GETTHATBAR2022
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H. DOCTRINE OF STATE RESPONSIBILITY
STATE RESPONSIBILITY
It is a fundamental principle of international law whereby a State, either by an act or omission,
1. has breached an international obligation in force and
2. incurs certain legal consequences for the internationally wrongfully act attributable to it, including the
obligation
a. to cease the wrongful conduct and
b. make such full reparation of any material and moral damage to the injured State/s as is reasonably
adequate depending on the merits of the case in question.

ELEMENTS:
1. The existence of an international legal obligation in force between 2 particular states
2. The act or omission is attributable to the State under international law and
3. The act or omission constitutes a breach of an international obligation of the State
4. Loss or damage has resulted from the unlawful act or omission

NOTE: The characterization of an act of a State as internationally wrongful is governed by international

law, and not by internal law.

DEFENSES [Circumstances precluding wrongfulness]

(1) Force Majeure
(2) Distress
(3) Necessity

Force Majeure Distress Necessity

State conduct is involuntary or at A person acting under distress is not Does not involve conduct which is
least involves no element of free acting involuntarily, even though involuntary or coerced
choice. the choice is effectively nullified by
the situation of the peril.
No balancing of interest involved No balancing of interest involved Involves a balancing act, i.e.,
choosing between compliance with
international law and other
legitimate interests of the State
Brought about by an irresistible Triggered by a danger to the lives of Caused by a grave danger either to
force or an unforeseen event which individuals in the charge of a State the essential interests of the State or
is beyond the control of the State official of the international community as a
concerned whole
NOTE: Rebus sic stantibus is a way to withdraw or terminate a treaty, it is not a defense to preclude wrongfulness.
For rebus sic stantibus to apply, it must be invoked prior to the commission of an internationally wrongful act.

What is the liability?

Reparations must, so far as possible, wipe out all the consequences of the illegal act and re-establish the situation
which would have existed if the wrongful act had not been committed.

ATTRIBUTION OF CONDUCT TO STATES

1. STATE ORGANS
• Includes entities exercising legislative, executive, judicial or any other functions, whatever position
it holds in the organization of a State, and whatever its character as an organ of the central
government or of a territorial unit of the State. It also includes any person or entity which has that
status in accordance with the internal law of the State.
• e.g. Foreigner attacked by NPA in the Philippines, there is no State Responsibility because the actors
(NPA) are not State Organs. Thus, liability cannot be imputed against the State.
NOTE: The conduct of an organ shall be considered the act of the State under international law even if it
exceeds its authority or contravenes instructions.
2. NON-STATE ORGAN ACTORS [exercising elements of governmental authority]
The conduct of any person or entity which is not an organ of a State, but which is empowered by the law of
that State to exercise elements of governmental authority, shall be considered an act of the State under
international law, provided the person or entity is acting in that capacity in the particular instance.
3. ORGANS PLACED AT THE DISPOSAL OF A STATE BY ANOTHER STATE
The conduct of an organ placed at the disposal of a State by another State shall be considered an act of the
former State under international law if the organ is acting in the exercise of elements of the governmental
authority of the State at whose disposal it is placed.
4. PERSONS ACTING ON THE INSTRUCTIONS OF THE STATE
5. INSURRECTIONAL OR OTHER MOVEMENT → The conduct of an insurrectional movement which becomes
the new Government of a State (or a part of the territory of a pre-existing State) shall be considered an act of
that new State under international law.
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When to invoke state responsibility? (only after exhaustion of local remedies)
Customary international law provides that before international proceedings are instituted or claims or
representations made, the remedies provided by the local state should have been exhausted. This rule applies
only to cases founded on diplomatic protection or on injury to aliens.

Effective Control vs. Overall Control

Effective Control Overall Control
It must be shown that State’s instructions were given, in In order to attribute the acts of a military or
respect to each operation in which the alleged violation paramilitary group to a State, it must be proved that the
occurred, not generally in respect of the overall actions State wields overall control over the group, not only by
taken by the persons having committed the violations. equipping and financing the group, but also by
coordinating or helping in the general planning of its
military activity.

Employed to determine whether an act or acts are Employed to determine whether or not an armed
attributable to a State in the context of State conflict is international.
Responsibility.

NOTES:
• The responsible State may not rely on the provisions of its internal law as justification for failure to comply
with its obligations to make reparations.
• 3 Forms of Reparations
o Restitution → to reestablish the situation which existed before the wrongful act was committed
o Compensation → the compensation shall cover any financially assessable damage including loss of
profits insofar as it is established
o Satisfaction → may consist in an acknowledgement of the breach, an expression of regret, a formal
apology or another appropriate modality.

I. REFUGEES
A refugee is one who:
• owing to a well-founded fear of being persecuted
• for reason of race, religion, nationality, membership of a particular social group or political opinion,
• is outside the country of his nationality, and is unable, or owing to such fear, is unwilling to avail himself of
the protection of that country.

1951 Convention relating to the Status of Refugees

Persons who are not covered:
1. One who has committed a crime against peace, a war crime, or a crime against humanity
2. One who has committed a serious non-political crime outside the country of refuge
3. One who has been guilty of acts contrary to the purposes and principles of the United Nations

Rights of Refugees
1. Right to have rights previously acquired and dependent on personal status (rights attaching to marriage)
2. Free access to courts of law
3. Right to receive the same treatment as nationals of the receiving country
4. Right to receive the most favorable treatment provided to nationals of a foreign country with regard to the
right of association and the right to engage in wage-earning employment.
5. Right to receive the most favorable treatment as that accorded to aliens

!!! Principle of Non-Refoulment

No contracting State shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of
territories where his life or freedom would be threatened on account of his race, religion, nationality, membership
of a particular social group or political opinion.

EXCEPTION: The prohibition on non-refoulement does not apply when:

o There are reasonable grounds for regarding as a danger to the security of the state or
o Having been convicted by final judgment of a particular serious crime, constitutes a danger to the
community of the state.

NOTES:
• Internally Displaced Persons → persons who have been forced or obliged to flee or to leave their homes of
places of habitual residence, in particular as a result of, or in order to avoid the effects of armed conflict,
situations of generalized violence, violations of human rights or natural or human-made disasters and who
have not crossed an internationally recognized State border.

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 • Asylum Seeker → a person who has left their country and is seeking protection from persecution and
serious human rights violations in another country, but who has not yet been legally recognized as a refugee
and is waiting to receive a decision on their asylum claim.
• Foundlings → a deserted or abandoned child or infant with unknown facts of birth and parentage.
o A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary,
be considered to have been born within the territory of parents possessing the nationality of that
State.
o Foundlings are citizens under international law. The Philippines is obligated to grant nationality from
birth and ensure that no child is stateless.

J. EXTRADITION
The removal of an accused from the Philippines with the object of placing him at the disposal of foreign authorities
to enable the requesting state to hold him in connection with any criminal investigation or the execution of a penalty
imposed on him under the penal law of the requesting state.

GR: There can only be extradition if there is a treaty between the States. Outside a treaty, there is no rule in
international law compelling a State to extradite anyone.

EXP: Political criminals are, as a rule, not extradited, and according to many extradition treaties, military deserters
and persons who have committed offenses against religion are likewise excluded from extradition, and many
states refuse extradition if the death penalty will be enforced for the crime.

EXP TO EXP:
1. Attentat Clause → murder of the Head of a foreign government or of a member of his family should not
be considered a political crime.
2. Article 7 of Genocide Convention → the crime of genocide shall not be considered a political crime for
the purpose of avoiding extradition in accordance with laws and treaties in force.

Important Principles:
1. PRINCIPLE OF SPECIALTY → a condition of extradition that the surrendered individual shall be tried and
punished for those crimes exclusively for which his extradition has been asked and granted, or for those at
least which the extradition treaty concerned enumerates.

2. PRINCIPLE OF DOUBLE CRIMINALITY → extradition is only granted in respect of a deed which is a crime
according to the law of the state which is asked to extradite, as well as of the state which demands extradition
– although not necessarily a crime of the same name in each, so long as there is a substantial similarity
between the offenses in each state.

3. AUT DEDERE AUT JUDICARE → this means “either extradite or prosecute”. This principle is found in several
multilateral treaties dealing with offenses evoking the general condemnation of the international community
obliging parties either to extradite persons found on their territory but wanted for trial by another party, or
to try such persons themselves.

NOTES:
• A party to an extradition treaty may ask the other party to extradite a person for a crime committed before
the effectivity of a treaty. It does not violate prohibition against ex post facto laws because such prohibition
applies to penal laws only.
• A person does not have the right to notice and hearing during the evaluation stage of the extradition
process. Extradition is a proceeding sui generis. It is not a criminal proceeding which will call into operation
all the rights of an accused guaranteed by the Bill of Rights.
• An extraditee should not be deprived of his right to bail, provided that a certain standard for the grant is
satisfactorily met. The standard of proof required in granting or denying bail in extradition cases is clear and
convincing evidence that the extradite is not a flight risk and will abide with the orders of the extradition
court.

EXTRADITION DEPORTATION
It is the removal of an accused from the Philippines with It is exercised by the President to expel or deport aliens
the object of placing him at the disposal of foreign whose presence is deemed inimical to the public
authorities. interest.
Effected at the request of another State Unilateral act of the State
Based on offenses committed in the State of origin Based on causes arising in the local State
Calls for the return of the fugitive to the requesting state An undesirable alien may be deported to a State other
than his own or the State of origin.

#GETTHATBAR2022
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K. BASIC PRINCIPLES OF INTERNATIONAL HUMAN RIGHTS LAW
Human Rights – refer to a collection of rights that is attributable to an individual or a person by virtue of his or her
human dignity. It refers to all types of rights allowing an individual to live a full independent and free life.

Basic Principles
1. UNIVERSAL → because they are based on every human being’s dignity, irrespective of race, color, sex,
ethnic or social origin, religion, language, nationality, age, sexual orientation, disability or any other
distinguishing characteristic.
2. INALIENABLE → no person may be divested of his or her human rights
3. INDIVISIBLE AND INTERDEPENDENT → each human right entails and depends on other human rights,
violating one such right affects the exercise of other human rights
4. NON-DISCRIMINATORY → the right to equality and the prohibition of discrimination, explicitly set out in
international and reginal human rights treaties, are central to the protection of all human rights.

Rights Classification
1. FIRST GENERATION RIGHTS → civil and political rights
2. SECOND GENERATION RIGHTS → economic, social and cultural rights
3. THIRD GENERATION RIGHTS → rights to development, to peace, and to environment

!!! Suspension of Rights During Armed Conflict

IHRL allows a State to suspend a number of human rights if it faces a situation of emergency.
Requirements so that human rights may be derogated: POE-ID
1. There must be a Public emergency which threatens the life of the nation
2. Such public emergency must be Officially proclaimed
3. Derogation is allowed only to the extent strictly required by the Exigencies of the situation
4. The measures taken should not be Inconsistent with their other obligations under international
law
5. The measures may not involve Discrimination solely on the ground of race, color, sex, language,
religion or social origin.

Exception: Non-Derogable Rights

1. Right to life
2. Freedom from torture and other inhuman or degrading treatment or punishment
3. Freedom from slavery
4. Freedom from imprisonment merely for inability to fulfill a contractual obligation
5. Freedom from post facto legislation and other judicial guarantees
6. Right to recognition before the law
7. Freedom of thought, conscience and religion

Universal Declaration of Human Rights (UDHR)

The UDHR was the first legal document to set out the fundamental human rights to be universally protected.
• !!! It is not a treaty. It has no obligatory character because it was adopted by the UN General Assembly as a
Resolution. Consequently, it is merely recommendatory.
• HOWEVER, it serves as the foundation for other treaties such as the ICESCR and ICCPR. The ICCPR and
ICESCR, being treaties, are the ones enforceable.
• UDHR covers the first- and second-generation rights.
• Rights covered by UDHR are customary international law; hence, even during the times when the Bill of
Rights under the Constitution are inoperative, rights under UDHR remained in effect.

INTERNATIONAL COVENANT ON CIVIL AND INTERNATIONAL COVENANT ON ECONOMIC,

POLITICAL RIGHTS (ICCPR) SOCIAL AND CULTURAL RIGHTS (ICESCR)
It is a multilateral treaty for the protection of the first- It is a multilateral treaty for the protection of the
generation human rights. second-generation human rights such as:
1. Right to work
The Covenant guarantees the following rights: 2. Right to favorable conditions of work
1. Right to life, liberty and property, and equality 3. Right to form free trade unions
2. Freedom from torture, ill-treatment and poor 4. Right to social security and insurance
prison conditions 5. Right to special assistance for families
3. Freedom of movement – travel within and 6. Right to adequate standard of living
outside one’s country, change one’s residence 7. Right to the highest standard of physical and
4. Legal personality, privacy and the family mental health
5. Thought conscience, religion, expression and 8. Right to education including compulsory
political freedoms primary education
6. Right to peaceful assembly and association 9. Right to the enjoyment of cultural and scientific
7. Protection of minorities benefits and international contracts which are
8. Self-determination of peoples characterized as social welfare rights.
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INTERNATIONAL CRIMINAL COURT (ICC)
Created by the 1998 Rome Statute, the ICC is where certain international crimes are prosecuted, and individual
liabilities are determined.

The international crimes are limited to the most serious ones such as
1. genocide,
2. crimes against humanity,
3. war crimes and
4. crimes of aggression.

It is a court of last resort pursuant to the principle of complementarity which states that a court is not allowed to
act when the local judicial system is able and willing to prosecute.

WITHDRAWAL FROM ICC

A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from
this Statute. The withdrawal shall take effect one year after the receipt of the notification, unless notification specifies
a later date.

A State Party’s withdrawal shall not affect any cooperation with the ICC in connection with criminal investigations
and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced
prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued
consideration of any matter which was already under consideration by the ICC prior to the date on which the
withdrawal became effective.

NOTE: The Supreme Court dismissed petitions (Pangilinan v. Cayetano) questioning the legal validity of President
Rodrigo Duterte’s unilateral withdrawal from the International Criminal Court (ICC) in 2019, claiming that the issue
had become “moot and academic” as the ICC itself already accepted the withdrawal. Further, the President’s
withdrawal from the Rome Statute was in accordance with the mechanism provided in the treaty.

As to the President’s unilateral act of withdrawal from a treaty

1. The president enjoys some leeway in withdrawing from agreements which he or she determines to be
contrary to the Constitution or statutes
2. The president cannot unilaterally withdraw from agreements which were entered into pursuant to
congressional imprimatur. A statute subsequently passed to implement a prior treaty signifies legislative
approbation of prior executive action. However, in our case, RA 9851 was passed well ahead of the Senate’s
concurrence to the Rome Statute.

#GETTHATBAR2022
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L. BASIC PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW
IHL regulates relations between States, international organizations and other subjects of international law. It applies
as soon as there is an armed conflict. Thus, it is known as the Laws of War.

IHL covers 2 areas:

1. Protection of those who are not, or no longer taking part in the hostilities and
2. Restrictions on the means of warfare, in particular, weapons and methods of warfare such as military tactics.

International Humanitarian Law (IHL) vs. International Human Rights Law (IHRL)
The primary difference from International Human Rights Law → The IHL is only applicable when there is a war.

JUS AD BELLUM JUS IN BELLO

Refers to the conditions under which States may resort Regulates the conduct of parties engaged in an armed
to war or to the use of armed force in general. conflict. IHL is synonymous with Jus in Bello. It seeks
to minimize suffering in armed conflicts, notably by
protecting and assisting all victims of armed conflict to
the greatest extent possible.

SOURCES OF IHL
1. The Four Geneva Conventions of 1949
2. The Three Additional Protocols to the Geneva Conventions of 1977
3. The Hague Conventions
4. Customary IHL

LAW OF THE HAGUE LAW OF GENEVA

The body of rules establishing the rights and The body of rules that protects victims of armed
obligations of belligerents in the conduct of hostilities, conflict such as:
and which limits means and methods of warfare. 1. Military personnel who are hors de combat and
2. Civilians who are not or are no longer directly
participating in hostilities

APPLICABILITY OF IHL
INTERNATIONAL ARMED CONFLICT NON-INTERNATIONAL ARMED CONFLICT THAT
BECOMES INTERNATIONALIZED
An international armed conflict exists if one state A non-international armed conflict occurring on the
uses armed force against another state. This shall territory of a State (between governmental forces and
also apply to all cases of total or partial military non-governmental armed groups, or between such
occupation, even if this occupation meets with no groups only) may become international in case of
armed resistance. intervention of armed forces belonging to or under
overall control of one or more third State(s).
The use of military force by individual persons or
groups of persons will not suffice. It is irrelevant If the authorities did not consent to the intervention
whether the parties to the conflict consider themselves and/or the intervention of the third State(s) is made
to be at war with each other and how they describe against the authorities of the State where the NIAC
this conflict. occurred, whether or not the third States(s) support(s)
the rebels, the conflict is “internationalized” which
means that it becomes an international armed
conflict.

It must be a war between 2 countries. Example is the civil war in the Middle East. The war
between 2 factions of Muslims. One group was
If State vs. Not the Government of another State, it is not supported by the US.
IAC.
If there is another State that becomes involved, the
It is important to determine what is a State? NIAC will be internationalized.
Follow the elements provided in Montevideo
Convention. There must be recognition. If ISIS will give support to Abu Sayaf, will that be
internationalized NIAC? NO, because ISIS is not a State.

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SELF-DEFENSE
Article 51 of UN Charter recognizes the inherent right of States to self-defense if an armed attack occurs.
• COLLECTIVE SELF-DEFENSE
O Before a State can be justified in assisting another by way of collective self-defense:
▪ A State must have been the victim of an armed attack
▪ That State must declare itself as a victim of an armed attack. The assessment of whether an
armed attack had taken place or not is done by the State who was subjected to the attack. A
3rd State cannot exercise a right of collective self-defense based on that 3rd State’s own
assessment.
▪ In the case of collective self-defense, the victim State must request for assistance.

WARS OF NATIONAL LIBERATION

Armed conflicts in which people are fighting against colonial domination and alien occupation and against racist
regimes in the exercise of their right of self-determination. This is considered as an International Armed Conflict.

CORE OBLIGATIONS
1. To engage in limited methods and means of warfare
1947 Geneva Convention - Delimit the use of strange weapons (biochemical warfare etc). It is prohibited to
employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering.
2. To differentiate between civilian population and combatants, and work to spare civilian population
and property
When in war, civilian population must still be protected. Attacks shall be directed solely against military
objectives.
3. To abstain from harming or killing an adversary who surrenders or who can no longer take part in
the fighting
Persons hor de combat and those who do not take a direct part in hostilities are entitled to respect for their
lives and their moral and physical integrity.
4. To abstain from physically or mentally torturing or performing cruel punishments on adversaries

!!! PRINCIPLES ON INTERNATIONAL HUMANITARIAN LAW

1. Principle of Distinction in the treatment of Civilians
Parties to an armed conflict must “at all times distinguish between the civilian population and combatants
and between civilian objects and military objectives, and accordingly shall direct their operations only
against military objectives”
o Indiscriminate attacks and the use of indiscriminate means and methods of warfare are prohibited
o When you do not act for either of the States, despite you carrying arms, you are a civilian. If you are
not part of the military, despite your allegiance to either of the States, you are a civilian.
2. Principle of Proportionality in the use of force
The principle of proportionality prohibits attacks against military objectives which are “expected to cause
incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which
would be excessive in relation to the concrete and direct military advantage anticipated”.
o The effects of the means and methods of warfare used must not be disproportionate to the military
advantage sought.
3. Principle of Military Necessity
Necessity pertains to the need to engage in such attack, or the need to retaliate. The principle permits only
that degree and kind of force required to achieve the legitimate purpose of a conflict.
4. Principle of Humanity
Prohibition to inflict unnecessary suffering. This allows human dignity to prevail even at the time of war.
5. Prohibition to attack those hors de combat (out of combat)
The attack can only be done while they are in combat.

NOTES:
• Perfidy (acts inviting the confidence of an adversary to lead him to believe that he is entitled to protection)
is prohibited. (e.g., feigning [pretending] of civilian, non-combatant status)
• Ruses of War are not prohibited. These are acts intended to mislead an adversary (e.g., use of camouflage,
decoys, etc.)
• Hor de combat → a person who is in the power of an adverse party, clearly expressing his intention to
surrender, and has been rendered unconscious or is incapacitated to defend himself. He abstains from any
hostile act and does not attempt to escape.
• Protected Persons under Geneva Conventions
o The wounded, sick and shipwrecked
o Prisoners of war → those captures for security reasons, and not for punishment
o Civilians
• Martens Clause → civilians and combatants remain under the protection and authority of the principles of
humanity and the dictates of public conscience.

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M. LAW OF THE SEA
The UNCLOS is the body of treaty rules and customary norms governing the use of the sea, the exploitation of its
resources, and the exercise of jurisdiction over maritime regimes.
• It is the branch of public international law which regulates the relations of states with respect to the use of
the oceans.
• !!! NOTE: UNCLOS has nothing to do with the acquisition or loss of territory. It is a multilateral treaty
regulating, among others, sea-use rights over maritime zones and continental shelves that UNCLOS III
delimits.

1. Baselines
A baseline is the line from which a breadth of the territorial sea and other maritime zones, such as the
contiguous zone and the EEZ is measured. Its purpose is to determine the starting point to begin measuring
maritime zones boundary of the coastal state.

NORMAL BASELINE STRAIGHT BASELINE

The normal baseline for measuring the breadth of Straight lines are drawn connecting selected points
the territorial sea is the low-water line along the on the coast without departing to any appreciable
coast as marked on large-scale charts officially extent from the general direction of the coast. The
recognized by the coastal State. seas lying within the lines must be sufficiently
closely linked to the land domain to be subject to the
regime of internal waters.

2. Archipelagic States
A State constituted wholly by one or more archipelagos and may include other islands.

Archipelago → a group of islands, including parts of islands, interconnecting waters and other natural
features which are so closely interrelated that such islands, waters, and other natural features form an
intrinsic geographical, economic and political entity, or which historically have been regarded as such.

3. Internal Waters
Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State.

Sovereignty over these waters is the same extent as sovereignty over land, and there is no right of innocent
passage.

Archipelagic Waters → those enclosed by the archipelagic baselines regardless of their depth or distance
from the coast.
• An archipelagic State exercises territorial sovereignty over its archipelagic waters, as well as to
their bed and subsoil.
• A state, in its archipelagic waters, must provide
o the right of innocent passage and
o the archipelagic sea lanes passage.
▪ This is concerned with transit solely for the purpose of continuous, expeditious and
unobstructed transit between part of the high seas or an EEZ and another part of the
high seas or an EEZ.
▪ This cannot be suspended, but substitutable with other sea lanes after due
publication.

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 4. 5. 6. 7.
TERRITORIAL CONTIGUOUS EXCLUSIVE CONTINENTAL HIGH SEAS
SEA ZONE ECONOMIC SHELF
ZONE
It is the belt of sea It is a maritime zone An area beyond and Also known as the Refers to all parts of
outwards from the which is not beyond adjacent to the insular shelf the sea that are not
baseline and up to 24 nautical miles territorial sea, not included in the EEZ,
12 nautical miles from the baseline. extending beyond It comprises the territorial sea or in
beyond. 200 nm from the seabed and subsoil the internal waters
baselines. of the submarine of a State.
areas adjacent to
the coastal State
but outside the
territorial sea, to a
depth of 200
meters or beyond
where the depth
allows exploitation.

State has State has no State has sovereign State has sovereign High seas are open
sovereignty over sovereignty, but it rights for the purpose rights: to all States.
these waters, may exercise of: 1. for
including the protective 1. exploring and purposes of 6 Freedoms: NOTZFS
airspace above it jurisdiction: exploiting, exploring it 1. Navigation
and the seabed 1. Prevent conserving and 2. Overflight
under it. infringement and managing exploiting 3. To lay
of the (1) natural its natural submarine
customs; (2) resources resources, cables and
fiscal, (3) 2. other including pipelines
immigration activities for non-living 4. To construct
or (4) economic resources artificial
sanitary exploitation and living islands and
laws. and organisms other
2. Punish exploration of belonging installations
infringement the zone, such to the permitted
of the above as the sedentary under
laws and production of species. international
regulations. energy from 2. To take law
the water, reasonable 5. Fishing
currents and measures 6. Scientific
winds and for the research
3. establishment prevention,
and use of reduction
artificial and control
islands, of pollution
environmental from
protection and pipelines
marine 3. to build
scientific artificial
research. islands,
installations
and
structures.

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 4. 5. 6. 7.
TERRITORIAL CONTIGUOUS EXCLUSIVE CONTINENTAL HIGH SEAS
SEA ZONE ECONOMIC SHELF
ZONE
Ships of all States, All states enjoy the Extended Right of Hot Pursuit
whether coastal or freedom of The hot pursuit of a
land-locked, enjoy navigation, overflight,
Continental foreign ship may be
the right of and laying of Shelf undertaken when
innocent passage submarine cables and It is part of the the competent
thru the territorial pipelines in the EEX of Continental Shelf authorities of the
sea. coastal states. that extend beyond coastal State have
its territorial sea good reason to
Passage means Geographically throughout the believe that the ship
navigation thru Disadvantages natural has violated the
territorial sea for States prolongation of its laws and regulations
the purpose of (1) Coastal states whose land territory to the of that State.
traversing that sea geographical situation outer edge of the
without entering makes them continental margin, Such pursuit
internal waters, dependent upon the or to a distance of commences when
or (2) proceeding exploitation of the 200 nautical miles the foreign ship is
to or from living resources of the from baselines. within the internal
internal waters. EEZ of other states in waters, archipelagic
the subregion or waters, territorial
Passage ceases to region for adequate sea or contiguous
be innocent in any supplies of fish for the zone of the pursuing
of the following nutritional purposes State, and it ceases
activities, among of their populations. as soon as the ship
others: pursued enters the
• Any threat or They have the right to territorial sea of its
use of force participate, on own State or of a 3rd
• Any act equitable basis, in the state.
aimed at exploitation of the
collecting surplus of the living
information resources in the EEZ
• Any fishing of coastal states of the
activities same region.
• Carrying out
of research
or survey
activities

Features that are Rocks which cannot China’s 9 dash line

above water at sustain human and its claim to
high tide (HTE or habitation or resources based on
high tide economic life of their historic rights is
elevations) own shall have no EEZ incompatible with
generate an or continental shelf. the detailed
entitlement to at allocation of rights
least a 12nm and maritime zones
territorial sea. under the UNCLOS.

Features that are

submerged at high
tide (LTE)
generate no
entitlement to
maritime zones.

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 8. International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea is an independent judicial body to adjudicate disputes
arising out of the interpretation and application of the UNCLOS. It is the proper venue to resolve the issue
on the Baselines law.
It has jurisdiction to deal with disputes ( contentious jurisdiction ]

legal questions submitted to it (advisory jurisdiction

to deal with ]
Jurisdiction
Its jurisdiction comprises:
1. All disputes concerning the application or interpretation of UNCLOS
2. All disputes concerning the interpretation or application of an international agreement
3. Related to the purposes of UNCLOS
4. When such dispute is submitted to it in accordance with that agreement

It has no jurisdiction over certain types of disputes such as:

1. Disputes over sovereignty over the islands of South China Sea
2. The delimitation of maritime boundary

Preconditions before Tribunal can exercise jurisdiction

1. A dispute settlement mechanism entered into by State Parties
2. An exchange of views between the State Parties on the means of settling their dispute.

NOTE: In the South Chine Sea Arbitration, the Tribunal rules that China’s decision not to participate does not
deprive the Tribunal of jurisdiction and Philippine’s decision to commence arbitration unilaterally was not
an abuse of the Convention’s dispute settlement procedures.

Compulsory Settlement of Disputes

Where no successful settlement can be achieved or if the parties are unable to agree on the means of
settlement of dispute concerning the application of UNCLOS, such dispute may be governed by the principle
of compulsory settlement. The parties may choose to submit the dispute to:
1. ITLOS
2. ICJ
3. Arbitral Tribunal, or
4. Special Arbitral Tribunal

N. BASIC PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW

It is the branch of public international law comprising those substantive, procedural, and institutional rules which
have as their primary objective the protection of the environment.

PARIS AGREEMENT (2020) → The only treaty that is effective in an international event and in environmental law.
It is a treaty that focuses, among others, on climate change, reduction of carbon emissions among states.

STOCKHOLM DECLARATION → espouses mostly broad, non-binding environmental policy goals and objectives
rather than detailed normative positions.
• Principle 21 provides that States have, in accordance with the Charter of the United Nations and the
principles of international law, the
o sovereign right to exploit their own resources pursuant to their own environmental policies, and
o responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national jurisdiction.
NOTE: Principe 21 does not limit the State from exhausting its resources, for as long as it does not cause
damage to others.

1. Precautionary Principle
In order to protect the environment, the precautionary approach shall be widely applied by States according
to their capabilities. Where here are threats of serious or irreversible damage, lack of full scientific certainty
shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
ELEMENTS
1. Uncertainty
2. Threat of environmental damage
3. Serious or irreversible harm

NOTES:
• When in doubt, cases must be resolved in favor of the constitutional rights to a balanced and healthful
ecology.
• The precautionary principle only applies when the link between the cause, that is the human activity
sought to be inhibited, and the effect, that is the damage to the environment, cannot be established
with full scientific certainty.

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