Part 1 Nachura - Constitutional Law

Constitutional Law
Loyola.Reyes.Vibandor
General Principles
Political Law branch of public law which deals with the organization and
operation of the governmental organs of the State with the inhabitants of its
territory.
SCOPE
1 Constitutional Law study of maintenance of the proper balance
between authority as represented by the three inherent powers of the
state and liberty as guaranteed by the Bill of Rights.
1 Administrative Law branch of public law which fixes the organization
of government, determines the competence of the administrative
authorities who execute the law, and indicates to the individual
remedies for the violation of his rights.
2 Law on Municipal corporations
3 Law of Public Officers
4 Election Laws
BASIS
1 1987 Constitution
2 1973 and 1935 Constitution
3 Other organic Laws made to apply to the Philippines such as:
a Philippine Bill of 1902
b Jones Law of 191
c Tydings Mcduffie Law of 1934
4 Statutes, EO and Decrees and judicial decisions
5 U.S. Constitution
6 UN Charter
7 International Peace Treaties
8 Biak-na-Bato Constitution
9 Malolos Constitution
10 Japanese Occupation Constitution
Philippine Constitution
Constitution - body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised.
1 Written Instrument
2 Enacted by Direct Action of the People
3 Where Fundamental powers of the Government are established, limited
and defined
4 Powers are distribute
5 For safe and useful exercise
6 For the benefit of the Body Politic
Purpose
1 Prescribe the Framework of a system of the Government
2 Assign respective powers and duties
3 Establish Certain First Principles on which the Government is
Founded
Classification
Written
Precepts are embodied in one
document
Unwritten
Not integrated into a single, concrete
form, scattered in various sources.
Such as:
1 Statutes
2 Judicial Decisions
3 Commentaries
Enacted (Conventional)
Formally struck off at a definite time
and place following a conscious or
deliberate effort
Evolved (Cumulative)
Result of political Evolution, not
inaugurated at any specific time,
changes by accretion
Rigid
Amended only by a formal and
usually difficult process
Flexible
Changed by Ordinary Legislation
Qualities
Broad Not only that it covers all persons and things within the territory but
comprehensive enough to provide for every contingency.
Brief Confine itself to basic principles. More adjustable to change
Definite Prevent ambiguity which could result in confusion and divisiveness
Essential Parts
1 Constitution of Liberty sets forth fundamental and political rights and
imposing limitatios on the powers of government as means of securing
enjoyment of those rights. (Bill of Rights)
2 Constitution of Government Outlines organization of Government,
Enumerating its Powers, laying down certain rules relative to its
administration and defining the electorate. (Arts. VI, VII, VIII and IX)
3 Constitution of Sovereignty points out the mode or procedure in
accordance with which formal changes in the fundamental law may be
brought about. (Art. XVII)
4 Social Justice and human Rights Economic, Social and Cultural. (Art.
XIII)
Interpretation/ Construction
1 Verba Legis Words in the Constitution must be given their ordinary
meaning except where technical terms are employed
2 Ratio legis et anima where there is ambiguity, words must be
interpreted in accordance with the intent of the Framers. Bear in mind
object sought to be accomplished and evils sought to be prevented or
remedied.
3 Ut magis valeat quam pereat interpreted as a whole.
In case of Doubt, Provisions should be considered self-executing,

mandatory rather than directory, and prospective rather than
retroactive.
Self Executing Provisions A provision which is complete in itself and

becomes operative without the aid of supplementary or enabling
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legislation, or that which supplies a sufficient rule by means of which

the right it grants may be enjoyed or protected, is self-executing.
Example: Bill of Rights
Non-self executing - Provision which lays down a general principle is

usually not self-executing.
Example: Art. 2. Declaration of Principles and State Policies
Exception: Sec. 16, Art. 2- The state shall protect and advance the
right of the peole to a balanced and healthful ecology in accord with
the rhythm and harmony of nature. The SC coined this as an
Intergenerational Responsibility (Oposa vs. FActoran)
The provisions of the constitution are presumed to be SELF-EXECUTING

rather than non-self executing as was held in the case of Manila Prince
Hotel vs. GSIS. Thus Sec. 10(2), Art. 12 of the Constitution is SelfExecuting.
Amendment vs. Revision

Amendment
Adds, reduces, deletes, without
altering the basic principle involved.
Specific Provision (Piecemeal)
Revision
A change that alters a basic principle
of the Constitution like altering the
principle of separation of powers or
system of checks and balances.
Change alters the substantial entirety
of the Constitution.
Several Provisions (Overhaul)
Tests to determine amendment or revision (Lambino vs. COMELEC)

Quantitative
Whether the proposed change is so
extensive in its provisions as to
change directly the substance
entirety
Steps in Amendatory Process
Qualitative
Whether the change will accomplish
such far-reaching changes in the
nature of our basic governmental
plan
1 Proposal Art. XVII, Sec. 1-3- A proposed amendment may come from:
a Congress by a vote of of all its members.
- Congress acts as a constituent assembly directly for the
purpose of amendment or revision.
- Not a legislative act
b Constitutional Convention called into existence either by:
i
2/3 vote of all the members of the Congress;
ii
Calling of People - Majority vote of all members of
Congress with the question of whether or not to call a
convention to be resolved by the people in a plebiscite;
c People, through the power of initiative1 Petition;
2 Signed by:
- At least 12% of the total number of registered voter
- Every legislative district must be represented by at least 3%
Sandoval: Not a Self-executing provision- Requires an Implementing

Law.
Defensor Santiago vs. COMELEC:
RA 6735 provides for 3 types of Peoples Initiative:
1 On the Constitution;
2 Statutes;
3 Ordinances
The supposedly implementing law, RA 6735 was declared as
unconstitutional as it covers BOTH amendment AND REVISIONS,
contrary to the provision of Art. 17, Sec. 2. However, the law as found
to be incomplete as regards amendment, so the constitutional
provision remains non self-executing87 (But See Lambino vs. COMELEC
where it was held that RA 6735 was constitutional).
d Constitutional Commission (Note that there is no mention of
a Constitutional Commission in Art. XVII) *
Brief Background:
1935
1973
1987
Constitutional
Convention
Constitutional
Convention
Constitutional
Commission
Members Elected by
the people
Members Elected by
the people
Members appointed
by the President
2 Ratification. (Art. XVII, Sec. 4). Proposed amendment shall become

part of the Constitution when ratified by a majority if the votes cast in
a plebiscite held not earlier than 60 nor later than 90 days after the
approval of the proposal by congress or the Constitutional Convention.
Or after the certification by the COMELEC of the Sufficiency of the
petition or initiatie under Sec. 2, Art. XVII.
Power of Judicial Review

1 Judicial Review Power of the courts to test the validity of executive
and legislative acts in light of their conformity with Constitution. This is
not an assertion of superiority by the courts over the other
departments but merely an expression of the supremacy of the
Constitution
2 Judicial Power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and
enforceable and 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.
Functions
1 Checking
2 Legitimating
3 Symbolic
Requisites
1 Actual Case or controversy conflict of legal rights, an assertion of
opposite legal claims which can be resolved on the basis of existing
law and jurisprudence.
A request for advisory opinion is not an actual case or controversy.
ICJ may render advisory opinions
a To resolve contention cases
b Directed to General Assembly, Security Council, other organs of the
UN.
Must not be moot and academic - One that ceases to present a
justiciable controversy by virtue of supervening events
Exceptions to the rule on Mootness:
a Grave violation of the Constitution
b Exceptional Character of the situation and paramount public interest
is involved
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c Constitutional issues raised require formulation of principles to

guide the bench, the bar and the public
d Case is capable of repetition yet evasive of review.
2 Question must be raised by a proper party One who has

sustained or is in imminent danger of sustaining an injury as a result of
the act complained of. Locus Standi
- Locus Standi a right of appearance in a court of justice on a
given question.
- Direct Injury Test a person who impugns the validity of a
statute must have a personal and substantial interest in the
case such that he has sustained or will sustain direct injury as
a result.
- Liberal Approach:
a Constitutional Issues
b Taxpayers claim of illegal disbursement of public funds
c Voters obvious interest in the validity of the election law
d Concerned citizens transcendental importance
e Legislators Official action complained of infringes their
prerogatives as legislators
- Facial Challenge exception to the rule that a party can
question the validity of a statute only if as applied to him is
unconstitutional. May be invoked only to challenge a statue
when it operates in the area of freedom of expression.
- Overbreadth Doctrine permits a party to challenge the
validity of a statue even though, as applied to him, it is not
unconstitutional but may be to others.
- Void-for-Vagueness a law is facially invalid if men of common
intelligence must necessarily guess at its meaning and differ
as to its application.
3 Raised at the earliest opportunity Pleadings
4 Decision of Constitutional question is determinative of the
case itself on the basis of Separation of Powers.
Effects of Declaration of unconstitutionality
Orthodox
Unconstitutional Act is not a law,
confers no rights, imposes no duties,
affords no protection, creates office,
inoperative, as if it had not been
passed at all
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Modern
Refuse to recognize the law and
determine the rights of the parties as
if the statue had no existence.
Certain legal effects prior to its
declaration of unconstitutionality may
be recognized.
Partial Unconstitutionality
1 Legislature must be willing to retain the valid portions usually shown
by the presence of a separability clause
2 Valid portion can stand independently
Philippines as a State
State - a community of persons, more or less numerous permanently
occupying a definite portion of territory, independent of external control and
possessing a government to which a great body of inhabitants render
habitual obedience.
State
legal and juristic concept
Nation
Ethnic or racial concept
Government
Instrumentality of the
State through which
the will of the State is
implemented
and
realized
Elements of State:
1. People
Inhabitants ARTICLE III. 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, and no
search warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to
be seized.
ARTICLE XIII. Section 1. The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the people
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to human dignity, reduce social, economic, and political inequalities, and

remove cultural inequities by equitably diffusing wealth and political power
for the common good.
Citizens
PREAMBLE
ARTICLE II. Section 2. The Philippine 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 too the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Section 4. The prime duty of the Government is to serve and 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 personally, military or civil service.
ARTICLE III. Section 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.
ELECTORS
ARTICLE VII. Section 4. The President and the Vice-President shall be
elected by the direct vote of the people for a terms of six years which shall
begin at noon on the thirtieth day of June following the next day of the
election and shall end at noon of the same six years thereafter. The President
shall not be eligible for any reelection. No person who has succeeded as
President and has served as such for more than four years shall be qualified
for election for the same office at any time.
2. Territory Art. 1 RA 3046; RA 5446
a. The national territory comprises the Philippine archipelago with all
the islands and waters embraced therein, and all opther territories
over which the Philipoines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial and aeraila domains, including its territorial
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b.
c.
d.
e.
sea, the seabed, the subsoil, the insular shelves, and other
submarine areas (sec. , Art II)
Components: Terestrial, Fluvial, Maritime and Aerial domains
The Philipine Archipelago:
1. Treaty of Paris Cession of Philippine Islands by Spain to US
2. Treaty between Spain and US at Washington Cagayan, Sulu
and Sibuto
3. Treaty between US and Great Britain Turtle and Mangsee
Islands
Other territoties:
1. 1935 Constitution Batanes
2. 1973 Constitution, Art. 1 Belonging to the Philippines by
historic right or legal title
Archipelago Doctrine The waters around, between and
connecting the islands of the archipelago, regardless of their
breadth and dimension form part of the internal waterls of the
Philippines.
Archipelago, which consists of a number of islands separated
by bodies of water should be treated as one integral unit.
Straight baseline method
UN Convention on the Law of the Sea (April 30, 1982):

a. Contiguous Zone of 12 miles and Exclusive Economic Zone of
200 miles -Not technically part of the territory of the State
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but coastal state enjoys preferential right over marine

resources found within these zones.
3. Government
Government The agency or instrumentality through which the will of

the state is formulated, expressed and realized.
Government of the Philippines - the corporate governemnt entity thorugh
which the functions of the government are eof the government are ecised
throughout the Philippines, including, save as the contrary appears from the
context, the various arms thorugh which political authority is made effective
in the Philippines, whether pertaining to the autonomous regions, the
provincial, city, municipal or barangay subdivisions or other forms of local
government.(Sec. 2 (1) Administrative Code of 1987)
Functions
Constituent mandatory, constituting the very bonds of society such
as maintenace of peace and order, regulation of property and property
rights.
Ministrant- discretionary, intended to promote the welfare, progress
and prosperity of the people.
Parens Patriae the parent of the state. The government may act as
guardian of the rightsof the people who may be disadvantaged or suffering
from some disability or misfortune.
Classification
De jure vs. De Facto
Kinds of De facto:
1. Takes possession or control of, or usurps by forcec or by the voice of
the majority the rightful legal government and maintains itself
against the will of the latter
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2. Established by the inhabitants of a territory who rise in insurrection

against the parent state
3. Which is established by invading forces of an enemy who occupy a
territory in the course of war de facto government of paramount
force.
Presidential
Separation
of
legislative powers
executive
Parliamentary
and Fusion of both executive and
legislative powers in Parliament,
although the actual exercise of the
executive powers is vested in a Prime
minister who is chosen by, and
accountable to, Parliament
Unitary
Single,
centralized
government
exercising powers over both internal
and external affairs of the State
Federal
Consists
of
autonomous
state
government units merged into a
single state, with the national
government exercising a limited
degree of power over the domestic
affairs but generally full direction of
the external affairs of the State.
4. Sovereignty
Sovereignty the supreme and uncontrollable power inherent in the State by
which the State is governed.
Kinds:
1. Legal power to issue final commands
2. Political Sum total of all the influences which lie behind the
law
3. Internal Supreme power over everything within its territory
4. External Independence from external control
Characteristics:
1. Permanence
2. Exclusiveness
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3.
4.
5.
6.
7.
Comprehensiveness
Absoluteness
Indivisibility
Inalienability
Imprescriptibility
Effects of Change in sovereignty Political laws are abrogated.

Effects of Belligerent Occupation No Change in Sovereignty.
Political laws except the law on treason are suspended (Laurel
vs. Misa)
Dominium
Imperium
Capacity to own or acquire property Authority possessed by the State
including lands held by the State in embraced
in
the
concept
of
its proprietary capacity
sovereignty
Jurisdiction:
1. Territorial
Exempted are:
a. Foreign states and head of States, dimplomatic
representatives and consuls to a certain degree;
b. Foreign State property including embassies, consulates and
public vessels engaged in non- commercial activities;
c. Acts of State;
d. Foreign merchant vessels exercising:
- Rights of innocent passage
- Involuntary entry
- Arrival under stress
e. Foreign armies passing through or stationed;
f. Such other persons including UN.
2. Personal power of the state over its nationals which may be exercised
even if the individual is outside the territory
3. Extraterritorial:
a. Assertion of personal jurisdiction over its nationals abroad;
punish certain offenses committed outside the territory
against its national interests even if offenders are resident
aliens;
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b. Relations with other states or territories when it establishes a

colonial protectorate, condominium, or administers a trust
territory or occupies enemy territory in the course of war;
c. When local state waives its jurisdiction over persons and
things within its territory as when a foreign army stationed
therein remains under the jurisdiction of the sending state;
d. Principle of extra-territoriality as illustrated by immunities of
the head of state in a foreign country;
e. Enjoyment of easements and servitudes;
f. Jurisdiction in the high seas, pirates right to visit and search
and doctrine of hot pursuit;
g. Limited jurisdiction over the contiguous zone and patrimonial
sea, to prevent infringement of its customs, fiscal,
immigration or sanitary regulations.
State immunity from suit

The state cannot be sued without its consent (Sec. 3, Art. XVII)
Even if the constitution provide no such provision, the state

shall still be immune from suit by virtue of Sec. 2, Art. II. xxx
and 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. (US vs. Guinto)
Justice Holmes: There can be no legal right against the authority which
makes the law on which the right depends. However may be sued if it gives
its consent whether express of implied. Royal Prerogative of Dishonesty
Immunity is enjoyed by other states par in parem non habet imperium
Head of state is a presonofication of the State and is inviolable and thus
enjoys immunity from suit.
Foreign Agent immune if it can be established that he is acting within the
directives of the sending state. It is removed once agent is sued in his
individual capacity. Such as when act was done with malice or in bad faith or
beyond his authority or jurisdiction.
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Suits against the Government

1. Incorporated If charter provides that agency can sue and be sued,
the suit will lie, including one for tort. The provision in the charter
constitutes express consent on the part of the State.
2. Unincorporated - Inquire into the principal functions of the agency
a. Governmental No suit without consent
b. If Proprietary Suit will lie. State descends to the level of an
individual
Test to determine if suit is against the State If upon the decision, the
enforcement of the same require an affirmative act from the State such as
the appropriation of the needed amount to satisfy the judgment.
Suit against Public Officers doctrine of state immunity applies to
complaints filed against officials of the State for acts performed by them in
the discharge of their duties within the scope of their authority.
Public Officers are PERSONALLY liable if act was unauthorized. As when Ultra
Vires or attended by malice, bad faith or gross negligence.
Need for Consent Consent may be either express or implied.

Express Consent by an act of the legislative body, in a general or
special law.
1. General Law
a. Act 3083 Money Claims of government arising from contract
whether express or implied with the Philippine Government.
b. PD 1445- General Auditing Law. Before suing the state, one must
first file with the Commission on Audit
2. Special law embodied in a statue and cannot be given by a mere
counsel
a. Art. 1280, Civil Code- Damages when acting through a special agent
b. Art. 2189, Civil Code Defective roads, bridges, canals etc.
c. Sec. 24, LGC Death, Injury, damage caused by the government
d. Charters of GOCC
Implied Consent
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1. When the State commences litigation, it becomes vulnerable to

counterclaim
Speaks of a compulsory counterclaim only
2. When the State enters into a business contract, in Jus gestionis
(Commercial/proprietary acts). If Jus Imperii (sovereign acts) no
implied consent.
USA vs. Ruiz - Not every contract is deemed to be a waiver.

Only those falling under ACTA JURE GESTIONIS may subject
the Sate to suits.
Scope of Consent - Consent to be sued does not include consent to

execution of judgment against it.
Such execution will require another waiver since the

government funds or properties may not be seized under writs
of execution or garnishment unless such disbursement is
covered by the corresponding appropriation as required by
law.
Suitability vs. Liability Liability will have to be determined by the Court

on the basis of the evidence and the applicable law.
17
Execution will require another waiver because the power of

the courts end when the judgment is rendered (Republic vs.
Villasor)
But funds belonging to GOCC whose charters provide that
they can sue and be sued are not exempt from garnishment
(PNB vs. Pabalan)
Municipality funds are public in character and even though
the carter provides that it can sue and be sued, such funds
may not be garnished unless by a corresponding appropriation
ordinance duly passed by the Sanggunian Bayan. (Mun. Of
San Miguel, Bulacam vs. Fernandez)
Damnum Absque Injuria may be a lawful defense (Mun. Of La
Union vs. Firme)
Fundamental Powers of the State

Inherent powers of the State:
1. Police Power;
2. Eminent domain;
3. Taxation.
Similarities
1.
2.
3.
4.
5.
Inherent in the State, even without need of express grant

Necessary and indispensable, state cannot be effective without them
Methods by which the State interferes with private property
Presuppose equivalent compensation
Exercised primarily by the legislature
Distinction
Police Power
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Eminent Domain
Taxation
Both liberty and

property
Government
Noxious or intended
for noxious purpose
Intangible, altruistic
feeling
Regulation
Property
Who Exercises?
Government and
Private entities
Property taken
Wholesome and
devoted to public use
or purpose
Compensation
Full and fair
equivalent of property
taken
Property
Government
Wholesome and
devoted to public use
or purpose
Protection given
and/or public
improvements
instituted by the
government
Limitation Bill of rights. Courts may annul improvident exercise of

Police Power (Quezon City vs. Ericta)
POLICE POWER
The power of promoting public welfare by restraining and regulating the use
of liberty and property.
Scope: The most pervasive, least limitable and most demanding of the three
powers.
Salus Populi est suprema lex sic uteretuo ut aliuenum non laedas
19
Cannot be bargained away through treaty or contract (Stone vs.

Mississippi)
Taxing power may be used as implement of police power
Eminent domain may be used as an implement of police power.
(Association of Small Landowners vs. Sec. Of Agrarian Reform)
Retroactive application of Police power may reasonably impair
vested rights or contracts. Applicable not only to future contracts
but also to those already in existence.
Like all rights and freedoms guaranteed by the Charter, their

exercise may be so regulated pursuant to the police power of the
State to safeguard health, morals, peace, education, order, safety
and the general welfare of the people.
Who exercises Police Power?
Inherently vested in the legislature.

May be delegated to:
- President
- Administrative Bodies
- Law-making bodies of local Government units (Sec. 16, RA 7160)
RA 6939 and PD 269 do not authorize the President or any
administrative body to take over the internal management of a
cooperative.
Unlike legislative bodies of LGU, RA 7294 does not empower the
MMDA to enact ordinances for the inhabitants of Manila.
Limitations (Test for Valid exercise)

1. Lawful Subject Interest of public in general as distinguished
from those of a particular class, require the exercise of the
power. Activity or property sought to be regulated affects the
general welfare. (Taxicab Operators vs. BOT)
2. Lawful means Means employed are reasonably necessary to
the accomplishment of the purpose and not duly oppressive on
the individual. (Ynot vs. IAC)
3. Additional Limitations
i.
ii.
iii.
20
Express Grant by Law

Within Territorial Limits
Must not be contrary to law (act may be regulated not
prohibited)
Requisites for a valid ordinance

1.
2.
3.
4.
5.
6.
Must
Must
Must
Must
Must
Must
not contravene the Constitution or any statute

not be unfair or oppressive
not be partial or discriminatory
not prohibit, rather regulate trade
not be unreasonable
be general in application and consistent with Public Policy
(Tatel vs. Municipality of Virac)
POWER OF EMINENT DOMAIN

Also known as the power of expropriation
21
ART. III Sec. 9: Private property shall not be taken for public use
without just compensation.
ART. XII. Section 18. 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.
ART. XIII. Sec. 4. The State shall, by law, undertake an agrarian
reform program founded on the right of farmers and regular
farmworkers, who are landless, to own directly or collectively the
lands they till or, in the case of other farmworkers, to receive a just
share of the fruits thereof. To this end, the State shall encourage
and undertake the just distribution of all agricultural lands, subject
to such priorities and reasonable retention limits as the Congress
may prescribe, taking into account ecological, developmental, or
equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State shall
respect the right of small land owners. The State shall further
provide incentives for voluntary land-sharing.
ART. XII. Sec. 9. 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. It shall also promote adequate employment
opportunities to such citizens. In the implementation of such

program the State shall respect the rights of small property owners.
Police Power
Eminent Domain
Promote
Public
welfare
by Inherent right of the state to
restraining and regulating the condemn private property to
use of liberty and property
public use upon payment of just
compensation
Property condemned is noxious Private property to be used for
or intended for a noxious some public purpose
purpose
No compensation
Just Compensation
An ejectment suit should not ordinarily prevail over the States

power of eminent Domain. (Republic vs. Tagle)
Jurisdiction over a complaint for eminent domain is with the RTC.
Determination of amount of just Compensation is merely incidental
to the expropriation suit. (Bgy. San Roque, Talisay, Cebu vs. Heirs of
Francisco Pastor)
No such thing as Plaintiffs matter of right to dismiss because
landowner may have already suffered damages as of the time of the
taking. Always subject to court approval. (NAPOCOR vs. Pobre)
Who Exercises power of Eminent Domain?
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Congress, may be delegated to:

- President
- Administrative Bodies
- LGU
- Private Enterprises performing public service
LGU have no inherent power of eminent domain; the can exercise
only when expressly authorized by Legislature. (Sec. 19 of LGC
confers such power to local governments but the power is not
absolute; it is subject to statutory requirements (Masikip vs. City of
Pasig)
RP vs. CA: Power of Eminent domain must by enabling law, be
delegated to local governments by the national legislature and thus,
can only be as broad or confined as the real authority would want to
be.
Exercise of right of Eminent Domain, whether directly by the state
or agents. Necessarily in derogation of private rights. STRICT
CONSTRUCTION will be made against the agency exercising the

power. Respondent failed to prove the written, definite and valid
offer to acquire property under RA 7610.
Requisites for Exercise:
1. Necessity
Munic. Of Meycauayan Bulacan vs. IAC: When power is exercised by

the Legislature, the question of necessity is generally a political
question.
Republic vs. La Orden: When exercised by a delegate, the

determination of whether there is genuine necessity for the exercise
is a justiciable question.
RTC has the power to inquire into the legality of the exercise of the
right of eminent domain and determine whether there is a genuine
necessity for it. (BARDILLON VS. LAGUNA)
2. Private Property
City of Manila vs. Chinese Community: Private property already

devoted to public use cannot be expropriated by delegated of
legislature acting under a general grant of authority.
RP vs. PLDT: All private property capable of ownership may

be expropriated except money and choses of action. Even
services may be subject to eminent domain.
3. Taking
May include trespass without actual eviction;
Material impairment of the value of the property;
Prevention of the ordinary uses for which the property was intended
23
Requisites for valid taking (Republic vs. Castelvi):

1.
2.
3.
4.
Expropriator enters property;

Entry must not be for more than a momentary period;
Under warrant or color of authority;
Property devoted to public use or otherwise informally
appropriated or injuriously affected;
5. Utilization must be in such a way as to oust the owner
and deprive him of beneficial enjoyment of property.
4. Public Use
Public use is the general concept of meeting public need or
public exigency. It is not confined to actual use by the public
in its traditional sence.
Public use includes broader notion of indirect public benefit

or advantage, including, in particular, urban land reform and
housing. (Filstream vs, CA)
Condemnation of private lands in a piecemeal fashion, or

the random expropriation of small lots to accommodate no
more than a few tenants or squatters, is certainly not the
condemnation for public use contemplated by the
constitution. This results to deprivation without perceptible
benefit to the public. Prior to passage of Ordinance 1843,
there was no evidence of a valid and definite offer to buy
petitioners property as required by RA 7160. (Lagcao vs.
Judge Labra)
5. Just Compensation
The full and fair equivalent of the property taken;
Fair market value of property;
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 given and received therefor.
Just compensation means not only the correct amount to be
paid to the owner of the land but also payment within a
reasonable time from its taking. (Eslaban vs. De Onorio)
24
Judicial Prerogative ascertainment of what constitutes just

compensation is a judicial prerogative which fixes payment on the
basis of the assessment by assessor or the declared valuation by the
owner is unconstitutional.
Need to Appoint commissioners Indispensable in order to give the
parties the opportunity ot present evidence on the issue of just
compensation. Trial with aid of commissioners is a substantial right.
But courts are not bound by the commissioners findings, they
may substitute their own estimate if:
1. Commissioners applied illegal principles to the evidence
submitted to them
2. Disregarded a clear preponderance of evidence
3. Amount allowed is grossly inadequate or excessive
Compensation may be in the form of:
1. Money
2. Bonds (ASLP vs. Sec. Of Agrarian Reform)
Reckoning point of market value either as of the date of the taking or

filing of the complaint, whichever comes first.
Who may be entitled to just Compensation:
1.
2.
3.
4.
Owner
Mortgagee
Lessee
Vendee in possession of an executory contract
When does title pass? After payment

Right of landowner in case of non-payment of Just Compensation:
-
Cannot recover land but only demand payment

But in RP vs. Lim, 57 years has passed, it is a deliberate refusal
to pay hence, owner has a right to recover possession.
Writ of Possession issuance is ministerial upon:
25
1. Filing of a complaint for expropriation sufficient in form and

substance
2. Deposit made by the government of the amount equivalent to 15%
o fair market value.
- Determination of public purpose is not a condition precedent
before the court may issue a writ of possession.
TAXATION
The power by which the sovereign, through its law-making body to levy
enforced proportional contributions from persons and properties to raise
revenue to defray the necessary expenses of the government.
Nature and Scope: Attribute of sovereignty. Inherent in the State.
Power to tax is unlimited in its range, acknowledging in its very nature no
limits, so that security against its abuse is to be found only in the
responsibility of the legislature which imposes the tax on the constituency
who are to pay it. Must onot be exercised arbitrarily.
-
Taxation is a power emanating from necessity.
Who may exercise:

1. Legislature
2. Local Legislative Bodies
3. President when granted delegated tariff powers
Limitations:
1. Due Process of law Tax should not be confiscatory
2. Equal Protection Uniform and equitable
3. Public Purpose
-
Tax for special purpose is treated as a special fund so that when

purpose it already fulfilled, any balance shall be transferred to
the general funds of the Government
Double Taxation
1.
2.
3.
4.
26
Same
Same
Same
Same
subject
Jurisdiction
Period
Purpose
Tax Exemptions No law granting any tax exemptions shall be passed

without the concurrence
of a majority of all the Members of the
Congress
1. Charitable institutions, churches, parsonages, convents,
mosques non profit cemeteries and all lands and buildings
and improvements ADE use for religious, charitable or
educational purposes shall be exempt from taxation.
2. All revenues and assets of non-stock, non-profit educational
institutions used ADE for educational purposes shall be
exempt from taxes and duties.
3. Donations or contributions used ADE for educational purposes
shall be exempt from tax
4. Where tax is granted gratuitously, it may be revoked at will
but not if granted for a valuable consideration.
Police Power
Regulation is primary purpose and
revenue is incidental;
Tax
Generation of revenue is primary
purpose and regulation is merely
incidental
License fee
Police measure
Amount collected is limited to the
cost of permit and reasonable police
regulation
Tax
Revenue Measure
Unlimited provided it is not
confiscatory
Kinds of License Fee:

1. Useful occupations or enterprises
2. Non-useful, as when license fee is imposed in order to discourage
non-useful occupations or enterprises, amount may be exorbitant.
Supremacy of national government over local government
-
27
When local government invoke the power to tax on national

government, the exercise of the power is construed against local
governments.
Principles and State Policies

Preamble
1. Does not confer rights nor impose duties
2. Indicates authorship of the constitution ; enumerates the primary
aims and aspirations of the framers; and serves as an aid in the
construction o f the constitution.
Republicanism
The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them
(Sec. 1, Art. II)
1. Essential Features:
a. Representation
b. Renovation
2. Manifestations: GRABIS
a. Government of laws and not of men (Villavicencio vs. Lucban)
b. Rule of Majority (Plurality in Elections)
c. Accountability of public officials
d. Bill of Rights
e. Legislature cannot pass irrepealable laws
f. Separation of powers
g. Delegation of Powers
h. Social Justice
Separation of Powers
28
Purpose: Prevent concentration of authority in one person or

group of persons that might lead to an irreversible error or
abuse in its exercise to the detriment of republican
institutions.
To secure action, forestall overaction, prevent despotism and
to obtain efficiency. (Tuason vs. ROD)
Application: Not doctrinaire not with pedantic rigor;

independence but interdependence
Witness protection law does not violate separation of powers.

Exectuive power includes the power to enforce and prosecute
the offenders giving the executive department the latitude.
Pimentel vs. Exec. Secretary President has not transmitted

the treaty (Rome statute) Pimentel filed for mandamus
against the president. Transmission is discretionary. President
may not be compelled by mandamus.
Checks and balances

Allows one department resist encroachments upon its prerogatives or
to rectify mistakes or excesses committed by the other deparments Veto
power of the president as check on improvident legislation
Principle of Blending Powers:

Powers are not confined exclusively within one department but are
assigned to or shared by several departments- Enactment of General
Appropriations Law
Delegation of Powers
Potestas delegata non potest delegare what has been delegated cannot
be further delegated.
Permissible Delegation
1. President
a. Tariff powers
b. Emergency Powers
Declaration of Emergency
No legitimate constitutional objection
can be made
29
Exercise of Emergency Power

Constitutional Issue Arises
2. People
a. Referendum
b. Plebiscite
Referendum
Power of the electorate to approve or
reject legislation through an election
called for the purpose.
Plebiscite
Electoral process by which an
initiative on the Constitution is
approved or rejected by the people
2 Classes:
a. Referendum on statutes
petition to approve or reject an
act or law passed by Congress.
b. Referendum on local law
petition to approve or reject a
law, resolution or ordinance
enacted by regional assemblies
and local legislative bodies.
3. Delegation to local government units not regarded as a transfer of

general legislative power but a grant of authority to prescribe local
regulations according to immemorial practice subject to
interposition of the superior in cases of necessity. Local legislature
are more knowledgeable on matters of local concern.
4. Delegation to Administrative Bodies Power of Subordinate
legislation
- Must conform to a the sufficient and valid standard of fair and
equitable employment practices.
Tests for Valid Delegation must concur
1. Completeness Test law must be complete in all its essential terms
when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it.
2. Sufficient Standard Test Map out boundaries of the delegates
authority by defining legislative police and indicate circumstances
under which it is to be pursued and effected.
- To prevent total transference of legislative power.
30
Role of the Judiciary:

Art. VIII- includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or exces of jurisdiction on the part of any branch or
instrumentality of the Government.
When courts mediate to allocate constitutional boundaries or

invalidates the acts of a coordinate body, what it upholds is
not its own superiority but the supremacy of the Constitution.
(Angara vs. Electoral Commission)
Tests to determine valid exercise of given power:

1. Whether or not the power has been constitutionally
conferred upon the department claiming its exercise.
(Expressed)
2. Doctrine of necessary implication- grant of express
power carries with it all powers that may be reasonable
inferred from it.
3. Inherent or Incidental not expressly conferred nor
implied. Ex. Presidents power to deport undesirable
aliens which may be exercised independently of
constitutional or statutory authority. Act of State
(Marcos vs. Manglapus)
Justiciable Question
Implies:
1. A given right, legally demandable
and enforceable
2. An act or omission violative of
such right
3. Remedy granted by law for such
breach
Concerned with legality
31
Political question
Question of Policy.
Questions which under the
constitution are to be decided by the
people in their sovereign capacity, or
in regard to which full discretionary
authority has been delegated to the
legislative or executive branch of
government.
Concerned with wisdom
The Incorporation Clause

The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part
of the aw of the land, and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Renunciation of War
Historical Development
a. Covenant of the League of Nations provided the right to go to war.
b. Kellogg-Briand Pact of 1928 General Treaty for the Renunciation of
War. Ratified by 62 States
c. Charter of UN Prohibits threat or use of force against the territorial
integrity or political independence of State.
Doctrine of Incorporation
Applies rules of international law in a number of cases even if such
rules had not previously been subject of statutory enactments because these
generally accepted principles of international law are automatically part of
our own laws.
-
Renunciation of war
Sovereign immunity
Persons right to life, liberty and due process
Pacta Sunt Servanda- agreements must be kept
Transformation
International law principle be
transformed into domestic law
through a constitutional mechanism
such as local legislation
32
Incorporation
By mere constitutional declaration,
international law is deemed to have
the force of domestic law
The doctrine of incorporation is applied whenever municipal

tribunals or courts are conformed with situations in which
there appears to be a conflict between a rule of international
law and the provisions of the constitution or statute of the

local state.
1. Efforts must be exerted to harmonize them
2. If irreconcilable, and a choice has to be made between
International law and municipal law, MUNICIPAL law
should be upheld.
In cases were international law is given an equal footing to
municipal law, the doctrine of Lex posterior derogate priori
takes effect.
Civilian Supremacy- At all times supreme over the military. The AFP 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.
Duty of Government to defend the State The prime duty of the
government is to serve and protect the people. The government may call
upon the people to defend the state and in the fulfilment thereof all citizens
may be required, under conditions provided by law to render personal,
military or civil service.
Separation of Church and State - Inviolable
Independent foreign policy and nuclear-free Philippines Consistent
with national interest, adopts and pursues a policy of freedom from nuclear
weapons in its territory.
Prohibition applies only to NUCLEAR WEAPONS, does not

extend to Nuclear plants.
Just and dynamic social order- that will ensure the prosperity and
independence of the nation and free the people from poverty through
policies that will provide adequate social service, promote full employment, a
rising standard of living and an improved quality of life for all
Promotion of Social justice in all phases of national development.
Respect for human dignity and human rights
Family and Youth
Fundamental equality of men and women
33
Promotion of health and 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.
Priority to education, Science, technology
Protection to Labor- The state affirms labor as a pimary social economic
force. It shall protect the rights of workers and promote their welfare.
Self-Reliant and independent economic order
Land Reform
Indigenous cultural communites
Independent peoples organizations
Communication and information in nation-building
Autonomy of local governments
Equal access of opportunities for public service guarantee equal
access to opportunities for public service and prohibit political dynasties as
may be defined by law.
Honest public service and 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.
34
Bill of Rights
The set of presecriptions setting forth the fundamental civil and political
rights of the individual and imposing limitations on the powers of
government as a means of securing the enjoyment of those rights.
-
Designed to preserve the ideals of liberty, equality and security

against the assaults of opportunism, expediency of the passing
hour, the erosion of small encroachments, and the scorn and
derision of those who have no patience with general principles.
Any governmental action in violation of the Bill of rights is void
Self-executing
Civil Rights
Political Rights
Rights that belong to every citizen of Right to participate directly or

the state or country and are not indirectly in the establishment or
connected with the organization or administration of the government.
administration of the government.
Rights appertaining to a person by
virtue of his citizenship in a state or
community. Rights capable of being
enforced or redressed in a civil
action.
- Property
- Right of Suffrage
35
Marriage
Equal Protection
Freedom of Contract
Right to hold public office

Right to petition
Rights
appurtenant
to
citizenship
vis-avis
the
management of government
Due Process of Law

Origin
Book of Susana, Old Testament
By the 39th chapter of Magna Carta wrung by the barons from King John, the
despot promised that no man shall be take or imprisoned or disseized or
outlawed or in any manner destroyed; nor shall we go upon him, nor send
upon him, but by the lawful judgment of his peers or by the law of the land.
Definition
1. A law that hears before it condemns, which proceeds upon inquiry and
renders judgment only after trial.
2. Responsiveness to the supremacy of reason, obedience to the dictates
of justice.
3. The embodiment of the sporting idea of fair play
Protects:
1. All persons
2. Artificial persons only insofar as their property is concerned
Life right of the individual to his body in its completeness, free from
dismemberment and extends to the use of god-given faculties which make
life enjoyable
Liberty right to exist and the right to be free from arbitrary personal
restraint or servitude. Includes the right of the citizens to be free to use his
faculties in all lawful ways
Property anything that can come under the right of ownership and be the
subject of contract. Represents more than the things a person owns. It
includes the right to secure, use and dispose of them
36
Public office is not property, but one unlawfully ousted from it may
institute an action to recover the same
Mining license is a privilege that may be revoked by the one giving
it
License to carry firearm is neither a property nor a property right
Aspects
Substantive this serves as

making powers.
a restriction on governments law and rule-
Requisites:
1. Interests of public in general as distinguished from those of a
particular class
2. Means employed are reasonably necessary for the accomplishment
of the purpose and not unduly oppressive on individuals
Procedural restriction on actions of judicial and quasi judicial bodies.
Requisites:
1. Impartial court or tribunal clothed with judicial power to hear and
deternine the matter before it.
2. Jurisdiction must be lawfully acquired over the person
- Summons
- Voluntary appearance
3. Defendant must be given an opportunity to be heard
- Not all cases require a trial-type hearing. Due process in labor cases
before a labor arbiter is satisfied when the parties are given the
opportunity to submit their position papers (Mariveles vs. CA)
4. Judgment must be rendered upon lawful hearing
Publication as part of due process
37
1. Publication is imperative to the validity of laws, PDs and Eos,

administrative rules and regulations and is an indispensable part of
due process.
Appeal is not a constitutional right it is but a mere statutory right allowed or
denied by the legislature in its discretion.
Preliminary investigation is not a constitutional right, but is merely a right
conferred by statute. The absence of a preliminary investigation does not
impair the validity of the information or otherwise render the same defective.
-
But when there is a statutory grant of P.I., denial of the same is an

infringement of the due process clause. In such case, the right to
preliminary investigation is substantive, not merely formal or
technical. Denial of the same is denial of due process.
Preliminary investigation
Held before an accused is placed on trial to secure the innocent
against hasty, malicious and oppressive prosecution and to protect him from
the trouble, expenses and anxiety of a public trial. It is also intended to
protect the state from having to conduct useless and expensive trials.
Preliminary investigation is required to be conducted before the filing
of a complaint or information for an offense where the penalty prescribed by
law is at least 4 years, 2 months and 1 day, without regard to the fine.
If an accused is lawfully arrested WITHOUT A WARRANT involving an
offense which requires a preliminary investigation, the complaint or
information may be filed by a prosecutor without need of such investigation
provided an inquest has been conducted in accordance with existing rules.
Lack of preliminary investigation is not a ground for a motion to
quash. The case must be suspended with respect to the petitioner even if the
case is already undergoing trial. The right is not waived by the filing of the
motion to be admitted to bail. But the right is waived when the accused fails
to invoke it before or at the time of entering a plea at arraignment.
Preliminary investigation conducted by the DOJ is merely inquisitorial,
it is not a trial on the merits, and its sole purpose is to determine whether a
crime has been committed and whether the respondent therein is probably
guilty of the crime. It is not the occasion for the full and exhaustive display of
the parties evidence.
38
Preliminary investigation is an inquiry whether:

1. A crime has been committed
2. Whether there is probable cause that the accused is guilty thereof
Administrative due process

Ang Tibay vs. CIR
1. Right to a hearing which includes the right to present ones case and
submit evidence in support thereof;
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself
4. The evidence must be substantial
5. Decision must be rendered on the evidence presented at the hearing
or at least contained in the record and disclosed to the parties
6. The tribunal or any of its judges must act on its own independent
consideration of the facts and the law of the controversy and not
simply accept the views of a subordinate in arriving at a decision
7. The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding will know
the various issues involved and the reasons for the decision.
Due process in quasi-judicial proceedings before the COMELEC requires
notice and hearing.
Equal Protection of the laws

x x x nor shall any person be denied the equal protection of the laws.
Persons protected: All persons or things similarly situated should be treated
alike both as to rights conferred and responsibilities imposed.
1. Natural Persons
2. Juridical persons only insofar as their property is concerned.
Scope of Equality
1. Economic
2. Political
39
3. Social
Valid Classification persons or things ostensibly similarly situated may
nonetheless be treated differently if there is a basis for valid classification.
Requisites:
1.
2.
3.
4.
Substantial distinction
Germane to the purpose of the law
Not limited to existing conditions only
Must apply to all members of the same class
Searches and seizures

Scope
Applies to all persons including aliens whether accused of a crime or not.
The right is personal, it may be invoked only by the person entitled to it.
The right applies as a distraint directed only against the government and its
agencies tasked with the enforcement of the law. The protection cannot
extend to acts committed by private individuals so as to bring them within
the ambit of alleged unlawful intrusion by the government.
What constitutes a reasonable or unreasonable search is purely a judicial
question.
Objections to the warrant of arrest must be made before the accused enters
his plea
The issuance of the warrant of arrest against the person invalidly detained
will cure the defect of that detention or at least deny him the right to be
released.
The conspicuous illegality of the arrest cannot affect the jurisdiction of the
trial court, because even in instances not allowed by law, a warrantless
40
arrest is not a jurisdictional defect and any objection thereto is waived when
the person arrested submits to arraignment without any objection.
1. Where a criminal case is pending, the court wherein it is filed or the
assigned branch thereof has primary jurisdiction to issue the search
warrant
2. Where no such criminal case has been filed, the executive judge or
their lawful substitutes, in the areas and for the offense contemplated
in Circular 1-91, shall have primary jurisdiction.
-
This does not mean that a Court whose territorial jurisdiction does
not embrace the place to be searched cannot issue a search
warrant therefor, where the obtention of such search warrant is
necessitated and justified by compelling consideration of urgency,
subject, time and place.
3. Only a judge may validly issue a warrant.

Exception: Orders of arrest may be issued by administrative
authoritites, but only for the purpose of carrying out final finding of a
violation of law, for example a order of deportation or an order of
contempt but not for the sole purpose of investigation or prosecution.
See also Harvey vs. Santiago where the court upheld the validity of the
arrest of pedophiles on orders by then Immigration Commissioner
Miriam Santiago.
Requisites of a Valid Warrant

1. Probable cause - Such facts and circumstances antecedent to the
issuance of the warrant that in themselves are sufficient to induce a
cautious man to rely on them and act in pursuance thereof.
a. Must refer to one specific offense
2. Determination of probable cause personally by a judge
Warrant of arrest
-
41
It is sufficient that the judge personally determine the probable

cause. It is not necessary that he should personally examine the
complainant and his witnesses. Hearing is not necessary for the
determination of the existence of probable cause for the issuance of
a warrant of arrest.
Need not conduct a de novo hearing, it is sufficient that the judge

should personally evaluate the report and supporting documents
submitted by the prosecution.
i.
The judge personally evaluates the report and supporting
documents submitted byt he fiscal regarding the existence of
probable cause and, on the basis thereof issue a warrant of
arrest;
ii.
If on the basis thereof, he finds no probable cause, he may
disregard the prosecutors report and require the submission
of supporting affidavits of witnesses to aid him in arriving at a
conclusion as to the existence of probable cause.
Search warrant
Sec. 4, Rule 126. The judge must personally examine in the form of
searching questions and answers in writing and under oath, the
complainants and nay witnesses he may produce on facts personally known
to them, and attach to the record their sworn statements together with any
affidavits submitted.
3. After examination under oath or affirmation of the complainant and the
witnesses he may produce.
4. Particularity of description
a. Readily identify the properties to be seized and thus prevent them
from seizing the wrong items
b. Leave said peace officers with no discretion regarding the articles to
be seized
General warrants or scatter-shot warrant is void
Warrant of Arrest
Search Warrant
If it contains the names of the - Description is as specific as the
persons to be arrested.
circumstances will ordinarily allow;
- Description expresses a conclusion
of fact not of law;
- Things described are limited to
those which bear direct relation to
the offense for which the warrant is
being issued
A John Doe warrant will satisfy the No general warrant
constitutional
requirement
of
particularity of description if there is
42
some description persona which will

enable the officer to identify the
accused
Properties subject to seizure
1. Subject of the offense
2. Stolen or embezzled property and other proceeds or fruits of the
offense
3. Property used or intended to be used as means for the commission
of an offense
Conduct of the search
1. In the presence of the lawful occupant thereof or any member of his
family; or in the absence
2. In the presence of two witnesses of sufficient age and discretion,
residing in the same locality.
3. The officers may use force in entering the premises provided it is
justified.
Warrantless Arrests
1. When the person to be arrested has committed, is actually
committing or is attempting to commit an offense in his presence
i.
Continuing offense
ii.
Sees/hears is equivalent to presence
iii.
Hot pursuit
Requisites of Flagrante Delicto

a. The person to be arrested must execute an overt act indicating that
he had just committed, is actually committing, or is attempting to
commit a crime; and
b. Such overt act is done in the presence or within the view of the
arresting officer
2. When the offense had just been committed and there is probable
cause to believe, based on his personal knowledge of facts or of
other circumstances, that the person to be arrested has committed
the offense
43
a. Immediacy - Offense has just been committed

b. Personal knowledge - Person making the arrest has probable
cause to believe, based on his personal knowledge of facts or of
other circumstances that the person to be arrested had
committed it.
3. When the person to be arrested is a prisoner who has escaped from
a penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending or has escaped while
being transferred from one confinement to another.
4. When the right is voluntarily waived.
- Appellant is stopped from questioning the illegality of his arrest
when he voluntarily submitted himself to the jurisdiction of the
court by entering a plea of not guilty and by participating in the trial
- But the waiver extends only to the illegal arrest and not to the
search made incident thereto.
- But, when the arrest is incipiently illegal. Any subsequent search is
similarly illegal.
Warrantless Searches
1. Voluntarily waived.
a. The right exists
b. Person involved had knowledge either actual or constructive of the
existence of such right
c. Said person had an actual intention to relinquish the right.
Consent must be unequivocal, specific
uncontaminated by any duress or coercion.
-
and
intelligently
given,
Mere silence and failure to object is not a waiver
Waiver must be given by the person whose right is violated.

2. Stop-and-frisk
Must precede the arrest for the principle to apply
-
Apprehending officer must have a genuine reason in accordance

withhis experience and the surrounding conditions to warrant the
belief that the person searched has weapons or contraband
concealed about him.
3. When the search is an incident to a lawful arrest

44
The arrest must precede the search. The process cannot be reversed.
-
Officer must have been spurred by probable cause in effecting the

arrest
But take note of the case of People vs. Sucro, where the search not
preceded by an arrest was held valid because said search was effected on
the basis of probable cause. And also the case of People vs. Tangliben where
the court held the warrantless search valid because the officers, faced with
on-the-spot information, had to act quickly.
Search must be made only within the area where he has immediate
control.
4. Search of vessels and aircraft

Why?
1. Equipped with powerful motors that enable them to elude pursuit
2. Seizure would be an incident to a lawful arrest
5. Moving vehicles
Why?
Not practical to secure a warrant because vehicle can be moved
quickly out of the locality or jurisdiction in which the warrant may be sought.
Checkpoint may either be:
a. Routine inspection- permissible when it is limited to a mere visual
search where the occupants are not subjected to a physical or body
searcg.
b. Extensive search constitutionally permissible only if the officers
conducting the search had reasonable or probable cause to believe
that the motorist is an offender or they will filnd the instrumentality
or evidence pertaining to a crime in the vehicle to be searched.
6. Inspection of buildings and other premises for the enforcement of fire,
sanitary and building regulations
7. When prohibited articles are in plain view
Requisites (People vs. Musa)
45
a. Prior valid intrusion based on the valid warrantless arrest in

which the police are legally present in the pursuit of their official
duties
b. Evidence was inadvertently discovered by the police who have
the right to be where they are
c. Evidence must be immediate and apparent
d. Plain view justified the seizure
Plain view if the object itself is plainly exposed to sight.
Where the object seized is inside a closed package, the object is not in
plain view and, therefore, cannot be seized without a warrant. However, if
the package proclaims its contents, whether by its distinctive configuration,
its transparency, or if its contents are obvious to an observer, then the
contents are in plain view and may be seized. If the package is such that an
experienced observer could infer from its appearance that it contains
prohibited articles, then the article is deemed in plain view.
People vs. Slanguit When the valid portion of the search warrant has
been executed, the palin view doctrine can no longer provide any basis for
admitting the other items subsequently found.
Immediately apparent does not require an unduy high degree of certainty
as to the incriminating character of evidence. It requires merely that the
seizure be presumptively reasonable assuming that there is probable cause
to associate the property with criminal activity. That a NEXUS exists between
the viewed object and criminal activity
8. Search under exigent and emergency circumstances

Guanzon vs. De Villa upheld the validity of areal target oning or
saturation drives as valid exercise of the military powers of the
President.
Exclusionary rule: Evidence obtained in violation of Sec. 2, Article III shall be

inadmissible for any purpose in any proceeding because it is the fruit of the
poisonous tree. (Sec. 3 (2), Art. III)
46
Privacy of Communication and Correspondence

The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law. Any evidence obtained in violation of this or
the preceding section shall be inadmissible for any purpose or proceeding.
Exceptions:
1. Lawful order of the court
2. When public safety or order requires otherwise
Freedom of Expression
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 greievances.
Aspects:
A. Freedom from censorship or prior restraint need not be total
suppression. Even restriction of circulation constitutes censorship.
B. Freedom from subsequent punishment individual would hesitate to
speak for fear that he might be held to account for his speech.
a. Libel Public and malicious imputation of a crime, vice or
defect, real or imaginary, or any act, omission, condition,
status or circumstance tending to cause the dishonour,
discredit, or contempt of a natural or juridical person.
b. Obscenity guidelines:
1. Whether the average person, applying contemporary
standards, would find that the work, taken as a whole,
appeals to the prurient interest
2. Whether the work depicts or describes in a patently
offensive way, sexual conduct specifically defined by the
applicable state law
47
3. Whether the work, taken as a whole, lacks serious literary,

artistic, political, or scientific value.
Tests of Valid Government Interference
A. Clear and Present Danger Rule Whether the words are used in such
circumstances and of such a nature as to create a clear and present
danger that they will bring about substantive evils that the State has
the right to prevent.
B. Dangerous Tendency Rule If the words uttered create a dangerous
tendency of a n evil which the State has the right to prevent, then such
words are punishable. It is sufficient if the natural tendency and the
probable effects of the utterance were to bring about the substantive
evil that the legislative body seeks to prevent.
C. Balancing of Interests Test When particular conduct is regulated in
the interest of public order, and the regulation results in an indirect,
conditional or partial abridgement of speech, the duty of the courts is
to determine which of the two conflicting interests demands the
greater protection under the particular circumstances presented.
Assemble and Petition The right to assemble is not subject to prior

restraint. It may not be conditioned upon the prior issuance of a permit or
authorization from government authorities. Such right must be exercised in
such a way as will not prejudice the public welfare.
Freedom of Religion
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.
Two guarantees:
48
1. Non-establishment Clause reinforces separation of Church and

State.
2. Freedom of religious profession and worship
Free Exercise Clause
Aspects of freedom of religious profession and worship
1. Right to Believe Absolute
2. Right to act on ones belief subject to regulation
3. Compelling State interest test
a. First inquiry Whether respondents right to religious freedom
has been burdened
b. Second Inquiry Ascertain respondents sincerity in her religious
belief
Liberty of Abode and Travel
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.
Limitations
1. Abode: Lawful order of the court
2. Travel: Interest of national security, public safety and public health;
lawful order of the court
Right to Information
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.
Scope the transaction.
49
inclusions of negotiations leading to the consummation of
Exceptions does not extend to:

a. Matters recognized as privileged information rooted in
separation of powers
b. Information on military and diplomatic secrets
c. Information affecting national security
d. Information of investigations of crimes by law enforcement
agencies before the prosecution of the accused
e. Trade and Industrial Secrets
Right to form associations

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.
Scope Includes right not to join or, to disaffiliate from the association.
The right to strike Even if the right expressly guarantees the right to
form unions in public and private sectors, members of the civil service may
not declare a strike to enforce economic demands.
Non-Impairment Clause
No law impairing the obligation of contracts shall be passed
Impairment anything that diminishes the efficacy of the contract.
There is substantial impairment when the law charges the terms of a legal
contract between the parties, either in the time or mode of performance, or
imposes new conditions, or dispenses with those expressed, or authorizes for
its satisfaction something different from that provided in its terms
Limitations:
1. Police Power Public Welfare is superior to private rights.
2. Eminent Domain
50
3. Taxation
Free access to Courts
Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
Miranda Doctrine
First institutionalized in the 1973 constitution
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 waive except in writing and in the presence of counsel. No torture,
force, violence, threat, intimidation, or any other means which vitiates the
free will shall be used against him. Secret detention places, solitary
incommunicado or other similar forms of detention are prohibited. Any
confession or admission obtained in violation of this or Seciton 17 hereof
shall be inadmissible in evidence against him. 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 practice, and their families.
Rights are available only during custodial investigation

Custodial Investigation 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. The rule begins to operate as
soon as the investigation ceases to be a general inquiry into an unsolved
crime and direction is then aimed upon a particular suspect who has been
taken into custody and to whom the police would then direct interrogatory
questions which tend to elicit incriminating statements.
51
RA 7438 Custodial Investigation shall include the practice of issuing

an invitation to a person who is investigated in connection with an
offense he is suspected to have committed, without prejudice to the

liability of the inviting officer for any violation of the law.
Police Line-up not considered a part of custodial inquest (Subject to
some exceptions laid by the court) because it is conducted before the
state of investigation.
Not considered as custodial investigation:

1.
2.
3.
4.
5.
6.
Normal audit investigation

Inestigation conducted by Court Administrator
Investigation conducted by an employer
Investigation conducted by civil service commission
Counter affidavit submitted during preliminary investigation
A person signs a booking sheet and an arrest report
Rights guaranteed by this provision refer to testimonial compulsion only.
Rights Available:
1. Right to Remain Silent
2. Competent and independent counsel must be willing to
safeguard the constitutional rights of the accused, as
distinguished from one who would merely be giving a
routine, preremptory and meaningless recital of the
individual constitutional rights (PP vs. Bagnate)
The mere pro forma appointment of a counsel de officio who fails
to genuinely protect the interests of the accused merits disapprobation.
Critical Pre-trial stages custodial investigation before or after charges
have been filed, and non-custodial interrogation after the accused has been
formally charged are considered critical pre-trial stages in the criminal
process which would require the assistance of a counsel
3. To be informed of such rights transmission of meaningful
information than just the ceremonial and perfunctory recitation of
an abstract constitutional principle.
4. Rights cannot be waived except in writing and signed by his counsel
52
Sec.. 2 (d), RA 7438 provides that any extra-judicial confession

made by a person arrested, detained or under custodial
investigation shall be:
a. In writing
b. Signed by such person in the presence of his counsel or in the
latters absence, upon a valid waiver, and in the presence of
any of the parents, older brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school
supervisor, priest/minister as chosen by him.
5. No torture, force, etc. Which vitiates the free will shall be used
6. Secret detention places etc. Are prohibited
7. Confessions/admissions obtained in violation of rights are
inadmissible in evidence
Two kinds:
a. Coerced confessions, the product of third degree methods
such as torture, force, violence, threat and intimidation
b. Uncounselled statements given without the benefit of Miranda
warning
The alleged constitutional infringement during the custodial
investigation is relevant and material only where an
extrajudicial confession or admission from the accused
becomes the basis of conviction.
People vs. Samolde Even as the extrajudicial confession was in writing and
signed by counsel, because the accused was not given the Miranda
warnings, the confession was held inadmissible in evidence.
People vs. Andan Voluntary but uncounselled confession of accused to the
Mayor and to the media was admissible in evidence. Constitutional
procedures on custodial investigation do not apply to the spontaneous
statements not elicited through questioning by the authorities, but given in
an ordinary manner whereby the accused orally admitted having committed
the crime.
Waiver:
1. Must be writing and made in the presence of counsel
2. No retroactive effect
53
3. Burden of proof on the prosecution. The presumption that official

duty has been regularly performed cannot prevail over the
presumption of innocence
4. What may be waived:
1. Right to remain silent
2. Right to counsel
- But not the right to be informed of these rights.
Exclusionary rule confession or admission obtained in violation of Sec. 12
and Sec. 17, Art. III shall be inadmissible in evidence.
Confession declaration made voluntarily and without compulsion or
inducement by a person acknowledging that he has committed or
participated in the commission of a crime. But before it can be admitted in
evidence, the constitution demands strict compliance with the requirements
of the Bill of rights.
a. Fruit of the Poisonous tree once the primary source is shown to
have been unlawfully obtained, any secondary or derivative
evidence derived from it is inadmissible. Evidence illegally obtained
by the state should not be used to gain other evidence.
b. Receipt of seized property inadmissible
c. Re-enactment
d. Res Gestae declaration of the accused acknowledging guilt made
to the police desk officer after the crime was committed may be
given in evidence against him by the police officer to whom the
admission was made as part of res gestae
e. Waiver of the exclusionary rule - for failure of the accused to object
to the offer in evidence, the uncounselled confession was admitted
in evidence.
Right to Bail
All persons except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.
54
Bail security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before
the court as may be required. The right to bail emanates form the right to be
presumed innocent.
Who may invoke a person in custody of the law who may by reason of the
presumption of innocence he enjoys, be allowed provisional liberty upon
filing a security to guarantee his appearance before any court, as required
have yet been filed.
-
May be invoked by a person under detention, even if no

formal charges have yet been filed.
Exceptions:
1. When charged with an offense punishable by reclusion perpetua
and evidence of guilt is strong.
2. Not available to military
Duty of the Court
When the accused is charged with an offense punished by reclusion
perpetua, a hearing on the motion for bail shall be conducted by the judge to
determine whther or not the evidence of quilt is strong,
Bail as a matter of right All persons in custody shall:
1. Before conviction by the MeTC, MTC, MCTC and
2. Before conviction by RTC of an offense not punishable by death, RP
or Life Imprisonment
Be admitted to bail as a matter of right with sufficient sureties or be
released on recognizance as prescribed by law.
Bail when discretionary

1. Upon conviction by the RTC of an offense not punishable by death,
RP or life imprisonment, the court , on application, may admit the
accused to bail.
55
2. The court, in its discretion, may allow the accused to continue on

provisional liberty under the same bail bond during the period to
appeal subject to the consent of the bondsman.
3. If the court imposed a penalty of imprisonment exceeding six years
but not more than 20 years, the accused shall be denied bail. Or
bail previously granted be cancelled, upon a showing by the
prosecution, with notice to the accused, of the following or similar
circumstances:
a. Accused is a recidivist, quasi recidivist or habitual delinquent,
hanituality
b. Accused is found to have previously escaped from legal
confinement, evaded sentence or has violated the conditions
of his bail without valid justification
c. Accused committed the offense while on probation, parole, or
under conditional pardon
d. Circumstances of the accused or his case indicate the
probability of flight if released on bail
e. Undue risk that during the pendency of the appeal, the
accused may commit another crime
Whether as a matter of right or discretion, a hearing has to be made

because, in fixing the amount, the judge is required to take into
account a number of factors such as:
1. Character and reputation
2. Forfeiture of other bonds.
When bail shall be denied:

1. Accused is charged with a capital offense or offense punishable by
reclusion perpetua or higher when evidence of guilt is strong.
Standards for fixing bail:

a.
b.
c.
d.
e.
f.
56
Financial ability of the accused

Nature and circumstances of the offense
Penalty for the offense charged
Character and reputation of the accused
Age and health
Weight of the evidence against him
g.
h.
i.
j.
Probability of his appearing at the trial

Forfeiture of the bonds by him
Fact that he was a fugitive from justice when arrested
Pendency of other cases in which he is under bond
Constitutional rights of the accused

1. No person shall be held to answer for a criminal offense without due
process of law
2. In all criminal prosecutions, the accused shal:
a. Be presumed innocent until the contrary is proved
b. Shall enjoy the right to be heard by himself and counsel
c. To be informed of the nature and cause of the accusation against
him
d. To have a speedy impartial and public trial
e. To meet the witnesses face to face
f. To have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
g. However, after arraignment, trial may proceed notwithstanding
the absence of the accused, provided that he has been duly
notified and his failure to appear is unjustifiable.
Criminal Due process
1.
2.
3.
4.
Accused has been heard in a court of competent jurisdiction

Accused is proceeded against under the orderly process of law
Accused has been given notice and the opportunity to be heard and
Judgment rendered was within the authority of a constitutional law.
Habeas Corpus
The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when public safety requires it.
Writ of Habeas Corpus A writ issued by a court directed to a person
detaining another, commanding him to produce the body of the prisoner at a
designated time and place with the day and cause of his caption and
detention, to do, to submit to, and to receive whatever the court or judge
awarding the writ shall consider in his behalf.
57
Available to restore an individual subjected to physical Restraint.
60
48
24
Duration
Submit a Report in person and in writing to Congress
Convene, voting jointly by vote of at least majority may revoke such
proclamation or suspension
30
Supreme court may review in appropriate proceeding filed by any

citizen the sufficiency of the factual basis for the proclamation of
martial law or the suspension of the privilege of the writ and
promulgate thirty days from filing
Any person arrested during the suspension of the writ shall be
judicially charged other wise released.
Speedy Disposition of Cases

All persons shall have the right to a speedy disposition of cases before all
judicial, quasi-judicial, or administrative bodies.
Self Incrimination
No person shall be compelled to be a witness against himself.
Availability not only in criminal prosecution but also in all other government
proceedings including civil actions and administrative or legislative
investigations. Claimed not only by the accused but also by any witness to
whom a question calling for an incriminating answer is addressed.
Rule
Ordinary witness may be invoked only when incriminating question is
asked
58
Accused/Respondent may not be compelled to take the witness stand

altogether
Scope only testimonial compulsion. Does not apply where the evidence
sought to be excluded is not an incriminating statement but an object
evidence.
Non-detention by reason of political beliefs or aspirations

No person shall be detained solely by reason of his political or religious
beliefs.
Involuntary Servitude
No involuntary servitude in any from shall exist axcept as punishment for a
crim whereof the party shall have been duly convicted.
Exceptions:
1.
2.
3.
4.
5.
6.
Punishement for a crime whereof one has been duly convicted

Service in defense of State
Naval Enlistment
Posse Comitatus
Return to work order in industries affected with public interest
Patria potestas
Prohibited Punishments
1. Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the 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 RP
2. The employment of physical, psychological, or degrading
punishment against any prisoner or detainee, or the use of
59
substandard or inadequate penal facilities under subhuman

conditions shall be dealt with by law.
Non-Imprisonment for debt
No person shall be imprisoned for debt or non-payment of a poll tax
Double Jeopardy
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.
Requisites:
1.
2.
3.
4.
Valid complaint or information

Filed before a competent court
To which he had pleaded
Defendant was previously acquitted or convicted or the cases
dismissed or otherwise terminated without his express consent
SC: Filing of an MR after acquittal is a violation of Double Jeopardy.

Galman case is Pro Hac Vice
Ex Post Facto Law and Bill of Attainder

No ex post facto law or bill of attainder shall be enacted
Kinds of Ex post facto laws:
1. Every law that makes criminal an action done before the passage of
the law and which was innocent when done and punishes such
action
2. Every law that aggravates a crime, or makes it greater than it was
when committed
3. Every law that changes punishment and inflicts a greater
punishment than the law annexed to the crime when committed
4. Every law that alters the legal rules of evidence and receives less or
different testimony than the law required at the time of the
commission of the offense in order to convict the offender
60
5. Every law which, assuming to regulate civil rights and remedies

only, in effect imposes a penalty or the deprivation of a right for
something which when done was lawful
6. Every law which deprives persons accused of a crime of some lawful
protection to which they have become entitled, such as the
protection of a former conviction or acquittal or of a proclamation of
amnesty
Characteristics
1. Refers to criminal matters
2. Retroactive
3. Prejudicial to the accused
Bill of Attainder
-
A legislative act that inflicts punishment without trial

Substitutes legislative fiat for a judicial determination of guilt
Citizenship
What is Citizenship?
Membership in a political community which is personal and more or
less permanent in character.
What is Nationality?
61
Membership in any class or form of political community. Does not

include right or privilege of exercising political and civil rights.
Nationals democratic
Subject monarchical
What are the Modes of Acquiring citizenship?

1. By Birth
a. Jus sanguinis
b. Jus Soli
2. Naturalization
3. Marriage
Before adoption of 1935 Constitution
Jus Sanguinis all inhabitants who were Spanish subjects on Aprill 11,
1899, residing in the islands who did not declare intention of preserving
Spanish nationality
Jus Soli Res judicata
After Adoption of 1935 Constitution

Only jus sanguinis
Natural Born citizens Those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine
Citizenship. Those who elect Philippine Citizenship shall be deemed naturalborn citizens. (Sec. 2, Art. IV)
Types of Natural Born Citizens:
1. Those without having to perform any act
2. Born before January 17, 1973 of Filipino Mothers who elect Phiippine
Citizenship
62
Marriage Citizens 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. (Sec. 4. Art. IV)
Dual Allegiance Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law. (Sec. 5 Article IV)
-
Not a self-executing provision
Attack on citizenship must be made through a direct and not collateral

proceeding.
Res judicata does not ordinarily apply to questions of citizenship. Except:
1. Resolved by the court or administrative body as a material issue in
the controversy after a full-blown hearing
2. Active participation of Sol-Gen or representative
3. Finding of citizenship is affirmed by the SC.
Citizens of the Philippines
1. Those 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
3. Those born before January 17, 1973 of Filipino mothers who elect
Philippine citizenship upon reaching the age of majority
4. Those who are naturalized in accordance with law.
Naturalization
Act of Formally adopting a foreigner into the political body of a nation
by clothing him with privileges of a citizen.
A. Modes of naturalization
1. Direct:
a. Individual through administrative proceedings
b. Special Act of legislature
c. Collective nationality as a result of cession or subjugation
d. Adoption of orphan minors as nationals of the State where they
are born
2. Derivative:
a. Wife of naturalized husband
63
b. Minor children of naturalized person

c. Alien women upon marriage to Filipino
B. Doctrine of indelible Allegiance individual is compelled to retain
original nationality even if he has already renounced or forfeited it
under the laws of the state whose nationality he has acquired
C. Direct Naturalization under Philippine Laws:
1. Judicial (CA 473)
2. Administrative (RA 9139)
3. Legislative
De Guzman
Manzano
De Guzman is a dual citizen by virue

of RA 9225 on Naturalization
Manzano is a dual citizen by virtue of

the interplay of Jus Soli and Jus
Sanguinis
Therefore de Guzman must perform a

separate act of renounciation by a
Personal and Sworn Renounciation
It is enough that MAnzano files his

C.O.C.
CA 473
Qualifications:
1. Not less than 21 years old on the date of the hearing of the petition
2. Resided in the Philippines for a continuous period of not less than 10
years. May be reduced to 5 if:
a. Honorably held office in the Government
b. Established new industry or introduced new invention
c. Married to a Filipino woman
d. Been engaged as a teacher in the Philippines public or private not
established for particular nationality or race or any of the branches
of education or industry for a period of not less than two years
e. Good moral character, believes in the principle underlying the
Philippine Constitution, conducted himself in a proper and
irreproachable manner in relation with the government and
community
64
f. Own real estate worth not less than P5,000.00 or must have some
known lucrative trade, profession or lawful occupation
g. Speak and write English or Spanish and any of the principal
Philippine languages
h. Enrolled minor children of school age in any public or private
schools where phlippine history, government and civics are taight
Disqualifications
1. Opposed to organized government or affiliated with those opposed
2. Defending or teaching necessity or propriety of violence, personal
assault or assassination for the success or predominance of their ideas
3. Polygamists or believers in polygamy
4. Convicted of a crime involving moral turpitude
5. Suffering from mental alienation or incurable contagious disease
6. Not mingled socially with Filipinos, who have not envinced a sincere
desire to learn and embrace the customs, traditions and ideals of the
Filipinos
7. Citizens or subjects or nations at war with Philippines, during such war
8. Home country does not grant the same right to Filipinos to become
naturalized
Procedure
1. File a declaration of intention 1 year before petition.
Except:
1. Born in Philippines AND received primary and secondary education
in public or private schools
2. Resided in the Philippines for 30 years or more before filing the
petition and enrolled children in elementary and high schools
recognized by the Government
3. Widow and minor children of an alien who has declared his intention
but dies before naturalization
2. File petition.
- Accompanied by affidavit of 2 credible, citizens of the Philippines
who personally know the petitioner as character witnesses.
3. Publication of Petition
a. Petition and Notice of hearing
b. Once a week for 3 consecutive weeks in the O.G. and in a
newspaper of general circulation in the province where the
applicant resides
65
4.
5.
6.
7.
8.
c. Copies posted in the office of Clerk of Court or in the building where

the same is located
d. Indicate names of witnesses
- Publication is a jurisdictional requirement. Non-compliance whether
it be the fault of the applicant or clerk of court is fatal.
- Contents of notice of hearing and petition must be complete, copied
verbatim. Incompleteness is no publication at all.
Actual residence during proceedings
Hearing of Petition
Promulgation of decision
Hearing after two years proving:
a. Applicant has not left the Philippines
b. Dedicated himself continuously to a lawful calling or profession
c. Not convicted of any offense or violation of rules
d. Not committed an act prejudicial to the interest of the nation or
contrary to any Government announced policies
Oath taking and issuance of Certificate of Naturalization
What are the Effects of Naturalization?

1. Vests citizenship on wife if she may be lawfully naturalized
2. Minor children born IN the Philippines before naturalization are
considered citizens of the Philippines
3. Minor child born OUTSIDE the Philippines who as RESIDING in the
Philippines at the time of naturalization is considered a Filipino Citizen
4. Minor child born OUTSIDE the Philippines before naturalization shall be
considered Filipino ONLY during minority unless he begins to reside
permanently in the Philippines
5. Child born OUTSIDE the Philippines after naturalization shall be
considered a Filipino provided that he registers as such before any
Philippine consulate within one year after attaining majority age and
takes his oath of allegiance.
What are the grounds for denaturalization?

1. Naturalization certificate is obtained fraudulently or illegally
2. If within 5 years, he returns to his native country or to some foreign
country and establishes residence there.
- 1 year stay in the native country, or 2 year stay in a foreign country
shall be prima facie evidence of intent to take up residence in the
same
66
3. Invalid declaration of intent

4. Minor children failed to graduate through the fault of parent either by
neglecting to support or transferring them
5. Allowed himself to be used as a dummy
What are the effects of denaturalization?
1. If the ground affects the intrinsic validity of proceedings divests wife
and children of their derivative naturalization
2. If personal to denaturalized wife and children shall retain
When is there naturalization by direct legislative action?

It is discretionary and usually conferred on an alien who has made
outstanding contributions to the country.
What is Administrative Naturalization?

It is a law granting Philippine Citizenship by administrative proceedings
to aliens BORN and RESIDING in the Philippines.
CA 473
Judicial
Cognized by Courts
Aliens of any class
Lived in Philippines continuously for
10/5 years
RA 9139
Administrative
Cognized by Special Committee on
Naturalization
Native-born aliens who lived in the
Philippines all their lives
Lived in the Philippines all throughout
their lives
Intention of the legislature was to make the process of acquiring Philippine

Citizenship less tedious, less technical and more encouraging.
Nonetheless, native-born aliens have the choice to apply for judicial or
administrative naturalization.
What is the Special Committee on naturalization?
67
It is the committee which has the power to approve, deny or reject

applications for naturalization under RA 9139. It is composed of:
S
o Sl ie c r e t a r y
c F i o t ro e r i g
n
A
ff
a i
G R e e n p
r e s e n t a
e r a l( M
e m
b
e r
( C
h
a i r
m
a n
)
r s
t i v
)
Qualifications vis-a-vis CA 475
RA 9139
Born in the Philippines and residing
since birth
Not less than 18 years of age at the
time of FILING petition
Good moral Character, believes in
constitution, conducted himself in
proper and irreproachable manner in
relation with government and
community
Have received primary or secondary
education in any public or private
institution which teaches history,
government and civics. As well as
minor childred
Known lucrative business, profession
or occupation
Able to read, write and speak Filipino
AND any of the dialects of the
Philippines
Mingled with Filipinos and envinced a
desire to learn and embrace the
customs and traditions and ideals of
the Filipino people
Disqualifications
68
CA 473
Need not be born here, resided
continuously for 10/5 years
Not less than 21 years at the time of
HEARING of the petition
Same
Same
Same
Able to read, write and speak English
or Spanish and any principal Filipino
languages
Same
Same as CA 473
Procedure
1. File petition with Special Committee
2. Publication of pertinent portions of petition once a week for 3
consecutive weeks in a newspaper of general circulation.
3. Copies posted in any public or conspicuous area
4. Copies furnished to DFA, Bureau of Immigration and Deportation and
Civil registrar, NBI who shall post copies of petition in any public or
conspicuous areas.
5. Within 30 days from posting, submit to Committee a report stating
whether applicant has derogatory record on file or any information
adverse to petitioners application
6. Within 60 days, committee shall review information and allow applicant
to explain, answer or refute the information
7. Committee approves or denies the 0petition
8. Within 30 days, applicant shall pay P100,000 to committee
9. Applicant takes the oath of allegiance and a certificate of naturalization
shall issue
10.
Within 5 days after the applicant has taken the oath, Bureau of
Immigration shall forward a copy of the oath to the proper local civil
registrar and thereafter cancel the petitioners alien certificate of
registration
Status of Alien wife and Children

They may file a petition for cancellation of their alien certificates of
registration with the Committee subject to payment of fees.
But if the applicant is a married WOMAN, her husband does not benefit
from naturalization. But her minor children may still file a petition for
cancellation of their alien registration certificate.
Cancellation of Certificate of Naturalization

Special Committee may cancel certificates of naturalization in the
following cases:
69
1. False statement or misrepresentation or any violation of law, rules

and regulations in connection with the petition or if he obtains
Philippine citizenship fraudulently or illegally
2. If within 5 years, he shall establish permanent residence in foreign
country.
- Remaining for 1 year in his country of origin or 2 years in any
foreign country is prima facie evidence of intent to permanently
reside therein
3. If allowed himself or his wife or child to be used as a dummy
4. If he, wife, child, commits any act inimical to national security
Loss and Reacquisition of Philippine Citizenship
Loss of Citizenship
1. Naturalization in foreign country.
- Take note of RA 9225 which declares that all Philippine citizens who
become citizens of another country shall not be deemed to have
lost their Philippine Citizenship
- Natural-born citizens who lost citizenship may re-acquire citizenship
upon taking an oath of allegiance.
2. Express renunciation of citizenship
- Must be expressly made
3. Subscribing to an oath of allegiance to support the constitution of a
foreign country upon attaining the age of 21. Except when the
Philippines is at war with that country. (Principle of indelible
allegiance)
4. Rendering service to or accepting commission in the armed forces
of a foreign country. Except:
a. Philippines has a defensive or offensive pact of alliance with the
said foreign country; OR
b. Said foreign country maintains armed forces in Philippines with
the consent of Philippines
5. Cancellation of certificate of naturalization
6. Having been declared by competent authority as a deserter of the
Armed forces in time of war.
70
Legislative Department
The Legislative Power
1. The Power to propose, enact, amend and repeal laws
2. Vested in the Congress, except to the extent reserved to the people
by the provision on initiative and referendum.
Reserved to the People - is not a self-executing provision, but is a mandate
by the constitution.
71
In this light, Congress has enacted RA 6735 which is limited only to

Initiatives on Statutes. (Defensor-Santiago vs. COMELEC)
Initiative
Referendum
Propose amendments to Constitution Power of the electorate to approve or
or to propose and enact legislation
reject legislation through an election
through an election called for the
called for the purpose
purpose
- Initiative on Statute
- Referendum on Statutes
- Initiative on Local Legislation
- Referendum on Local Laws
- Indirect initiative exercise of
initiative by the people through
a proposition sent to Congress
or local legislative body for
action
Cannot be subject to both I and R:
1. Petition embracing more than one subject
2. Statutes involving emergency measures
Local Initiative:
1. Not less than 2,000 registered voters in case of autonomous regions
2. Not less than 1,000 in case of provinces and cities
3. 100 in municipalities
4. 50 in case of barangays
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.
Limitations
1. Shall not be exercised more than once a year
2. Shall extend only to subjects or matters which are within the legal
powers of the local legislative bodies to enact
3. At any time, before initiative is held, the local legislative body shall
adopt in toto the proposition presented.
Congress
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. (Section 1. Article VI)
72
Shows a Bi-cameral Congress.

Bi-Cameral Conference Committee Compromises differences between
the senate and the HR. Members of which come from both houses. As
such, it can go beyond the mandate of both houses. (Philippine Judges
Assoc. Vs. Prado)
House of Rep.
Senate
Natural Born Citizen

At least 25 years old
Qualifications
Natural Born Citizen
Party-List
Nominees
Natural Born citizen
Youth sector: cannot
be older than 30
Read and Write (except

party list representative)
Registered voter in the
district in which he shall
be elected
Read and Write
Resident in the district for

a period of not less than
one year preceding the
day of the election
Resident of the
Philippines for not less
than 2 years immediately
preceding the day of the
election.
Term
Six years, commencing
3 years
at noon on the 30th day
of June next following
their elections
Limitation
No senator shall serve
for more than 2
consecutive terms.
Voluntary renunciation of
office for any length of
time shall not be
considered as an
interruption in the
Three years commencing

at noon on the 30th day of
June next following their
election
Shall not serve for more
than 3 consecutive terms.
73
Registered Voter
Bona fide member of

the party or
organization which
he seeks to
represent for at least
90 days preceding
the day of the
election
continuity of his service

for the full term for which
elected.
Composition
Senate
The Senate shall be composed of twenty-four Senators who shall be
elected at the large by the qualified voters of the Philippines, as may be
provided by law. (Section 2. Article VI)
House of Representatives
Not more than 250 members, unless otherwise provided by law
consisting of:
District Representatives
Elected from legislative
districts apportioned
among the provinces,
cities, and metropolitan
Manila area
Party-list
representatives
Shall constitute 20% of
the total number of
representatives,
elected through a partylist system of registered
national, regional, and
sectoral parties or
organizations
74
20% of the total

number of
representatives
INCLUDING
THOSE UNDER
THE PARTY LIST.
So:
District HR =
200
Party-List = 20
= 220
220 x 20% =
44.1
Sectoral
Representatives
(For 3 consecutive
terms after the
ratification of the
Constitution) One hald
of the seats allocated to
party-list
representatives shall be
filled as provided by
law, by selection or
election from labor,
peasant, urban poor,
indigenous cultural
communities, women,
youth and such other
sectors as may be
provided by law. Except
the religious sector.
Simply put: 4:1
Veterans Federation
vs. COMELEC NO
ROUND-OFF
If will violate
20% threshold.
unless otherwise provided by law taken in relation with Sec. 5 (4)

Art. VI on Reapportionment of Legislative districts. So strictly speaking,
may be less may be more.
The creation of a new province by a Regional Assembly of ARMM is

unconstitutional as it is not within its powers. Its power to create
government units extends only to Barangays and Municipalities. Only
congress has the power to create provinces., and consequently another
position for a representative. (SEMA vs. COMELEC)
Requisites:
1. In accordance with the LGC
2. Plebiscite
3. Not contrary to the Constitution
Apportionment of legislative districts

A justiciable question.
Apportionment shall be made in accordance with the number of
respective inhabitants, on the basisi of a uniform and progressive ratio:
i.
Each city with not less than 250,000 inhabitants shall be entitled
to at least one representative
ii.
Each province, irrespective or number of inhabitants is entitled to
at least one representative
iii.
Each legis. District shall comprise contiguous, compact and
adjacent territory. To prevent Gerrymandering
Gerrymandering- is a practice that attempts to establish a political
advantage for a particular party or group by manipulating geographic
boundaries to create partisan, incumbent-protected districts.
The Party-list System (RA 7941)
A mechanism of proportional representation in the election of
representatives to the HR from national, regional and sectoral parties or
organizations or coalitions thereof registered with the COMELEC.
75
Definition of Terms
1. Party either a political party or a sectoral party or a coalition of
parties
2. Political party organized group of citizens advocating an ideology
or platform, principles and policies for the general conduct of
government and which, as the most immediate means of securing
their adoption, regularly nominates and supports certain of its
leaders and members as candidates for public office.
National constituency is spread over the geographical territory of at
least a majority of the regions
Regional Its constituency is spread over the geographical territory of
at least a majority of the cities and provinces comprising the region
Sectoral organized group of citizens belonging to any of the following
sectors:
a. Labor
b. Peasant
c. Fisherfolk
d. Urban poor
e. Indigenous cultural communities
f. Elderly
g. Handicapped
h. Women
i. Youth
j. Veterans
k. Overseas workers and professionals
Sectoral organization group of citizens or a coalition of groups of
citizens who share similar physical attributes or characteristics,
employment, interests or concerns
Coalition an aggrupation of duly registered national, regional,
sectoral parties or organizations for political and/or election purposes.
ANG BAGONG BAYANI vs. COMELEC Party-list system is a borrowed
concept from the Parliamentary form of government. It opens up our
political system to those not yet part of the system. It is a Social justice
tool to give more law to those who have less in life. SO that Justice
may at least be approximated.
Registration; Manifestation to Participate in the Party-List System

Any organized group of persons may register as a party, organization
or coalition for purposes of the party-list system by:
1. Filing a petition with the COMELEC
2. Not later than 90 days before the election
76
3. Petition must be verified by its president or secretary stating its

desire to participate in the party-list system as a national, regional
or sectoral party, organization or coalition
Any party already registered, need not register anew, but must file
within 90 days before the election a manifestation of its desire to
participate in the party-list system.
Refusal and/or Cancellation

1. Motu proprio or upon verified complaint.
2. Refuse, cancel after due notice and hearing, the registration of any
national, regional or sectoral party on the ff. Grounds:
a. Religious sect/ denomination
b. Advocates violence or unlawful means to seek its goal
c. Foreign party or organization
d. Receiving support from any foreign govt, foreign political party
whether directly or indirectly for partisan election purposes
e. Violates or fails to comply with election rules and regulations
f. Declares untruthful statements in its petition
g. Ceased to exist for at least one year
h. Fails to participate in the last two preceding elections or fails to
obtain at least 2% of the votes cast under the party-list system in
the two preceding elections for the constituency in which it has
registered.
Nomination of party-list representatives
1. Each party shall submit to COMELEC not later than 45 days before
the election
2. List of names, not less than 5 from which party-list representatives
shall be chosen in case it obtains the required number of votes.
Limitations:
a. Person may be nominated in one list only
b. Consent of such person must be obtained
c. No candidate for elective office or a person who has lost his bid
for an elective office
d. No change allowed unless submitted to COMELEC except:
- Nominee dies
- Withdraws in writing his nomination
- Incapacitated
- In which case, the name of the substitute nominee
shall be replaced
Manner of Voting
1. Every voter entitled to two votes
i. Candidate for HR in his legislative district
ii.
Vote for the party, organization or coalition he wants
represented in HR
77
Number
Party-list representatives shall constitute 20% of the total number of
the members of HR including those under party-list.
Procedure for allocating votes:
a. Parties, organizations and coalitions shall be ranked from the
highest to the lowest based on the number of votes they
garnered during the elections
b. Parties, organizations and coalitions receiving at least 2% of
the total votes cast for the party-list system shall be entitled
to one-seat each
- Provided that those garnering more than 2% of the
votes shall be entitled to additional seats in
proportion to their total number of votes
- Provided further that each party, organization or
coalitions shall be entitled to not more than 3 seats.
Four Inviolable parameters (Veterans Federation Party vs.
COMELEC)
a. The 20% allocation the combined number of all party-list
congressmen shall not exceed 20% of the total membership of the
HR (INCLUDING THE PARTY LIST)
b. The 2% threshold Only those parties garnering at least 2% of total
valid votes cast for the party-list system are qualified to have a
seat in the house
o Example:
10M votes cast
2% x 10M = 200k
For every 200k = 1 seat
But only to the extent of 3 seats.
o What do you do with remaining seats:
COMELEC: Give it to unqualified, as is expected in a democratic
society.
SC: NO! The issue of democracy lies with congress, not with
COMELEC.
The 20 % allocation is merely a ceiling, not mandatory.
c. The 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
- 2 additional
o To avoid one party-list getting all the seats
78
d. Proportional representation Additional seats which a qualified

party is entitled to shall be computed in proportion to their total
number of votes
o Formula for additional seats=
Votes cast for Qualified Party
x
Alloted seats for
First P
Votes cast for First Party
2nd ANG BAGONG BAYANI CASE vs. COMELEC

Issue: What do you do with the votes cast for the unqualified party, are
the VALID or STRAY VOTES?
HELD: STRAY VOTES.
1. RA 7941 expressly provides that votes cast for an Unqualified Party
shall NOT be counted.
2. The Labo Doctrine is not applicable on disenfranchisement is not
applicable because the doctrine involves SINGLE elective positions.
Guidelines for entitlement of seats

1. Represent marginalized and under-represented sectors
2. Major political parties must comply with this statutory policy
3. Party must be subject to the express constitutional prohibition against
religious sects
o Religious denominations cannot be registered as a political party.
But, a religious individual may run in an elective position.
4. Party must not be disqualified under RA 7491
5. Party must not be an adjunct of an entity or project funded by the
government
6. Party and nominees must comply with the requirements of the law
7. Nominee must also represent a marginalized or under-represented
sector
8. Nominee must be able to contribute to the formulation and enactment
of appropriate legislation that will benefit the nation
(Ang Bagong Bayani OFW Labor Party vs. COMELEC)
Choosing Party-list Representatives
Proclaimed by the COMELEC based on the list of names submitted by
the respective parties, according to their raking
Effect of change of affiliation
Forfeit his seat. Provided that if changes political party or sectoral
affiliation within 6 months before an election, he shall not be eligible for
nomination as party-list representative under his new party or organization.
Vacancy
79
Shall be automatically filled by the next representative from the list of

nominees in the order submitted to the COMELEC by the same party who
shall serve the unexpired term. If list is exhausted, the party shall submit
additional nominees.
Election
1. Regular
2. Special elected member shall serve only for the unexpired portion
of the term
Salaries
1. Determined by law
2. No increase until after the expiration of the full term of all member
of Congress.
Privileges
1. Freedom from arrest
- In all offenses punishable by not more that 6 years
imprisonment
- While Congress is in Session
Under the RPC- VIOLATION OF PARLIAMENTARY IMMUNITY
Penalty of Prision mayor shall be imposed upon any person who shall
use force, intimidation, threats or fraud to prevent any member of National
Assembly from attending the meetings of the Assembly or of any of its
committees... from expressing his opinions or casting his vote.
Penalty of Prision correccional shall be imposed upon any public officer
or employee who shall, while the Assembly is in regular or special session:
a. Arrest or search any member thereof except:
- Such member has committed a crime punished by a
penalty higher than prision mayor. (6 years and 1 day
to 12 years)
To reconcile, it must be a penalty of prision mayor or Higher
2. Privilege of Speech and of debate
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.
Any other place Even in Courts
But if delivered in the Senate or HR, he may be subject to
Disciplinary actions. (Osmena vs. Pendaton)
Member of Congress may be held to account for such speech or debate
by the HR to which it belongs
Disqualifications
1. Incompatible Office
80
No Senator or Member of the HR may hold any other office or

employment in the Government or any subdivision, agency, or
instrumentality thereof including GOCC or their subsidiaries during his
term without forfeiting his seat.
Forfeiture of the seat shall be automatic
Except when member holds office in ex-officio capacity.
2. Forbidden Office
Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which
he was elected.
The ban shall last only for the duration of the term for which the
member of Congress was elected.
Incompatible Seat
Member of Congress may be validly
appointed to an incompatible office.
But if he accepts, he automatically
forfeits his seat.
Forbidden Office
Even if he is willing to forfeit his
office, he may NOT be appointed.
Other Inhibitions
1. Cannot appear as counsel before any:
a. Court of justice
b. Electoral Tribunal
c. Quasi-judicial or administrative Bodies
2. Directly or Indirectly be interested financially in any:
a. Contract
b. Franchise
c. Privilege
Granted by the Government, during his term of office
He 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.
What is prohibited is PERSONALLY appearing as counsel
Upon assumption of Office, must make a full disclosure of financial and
business interest.
Notify the house of any potential conflict of interest that may arise
from the filing of a proposed legislation of which they are authors.
Sessions
Regular
Once a year on the 4th Monday of
July, unless a different date is fixed
by law, and shall continue for such
number of days as it may determine
81
Special
Called by the President at any time,
usually to consider legislative
measures which the president may
designate in his call
until 30 days before the opening of

its next regular session, exclusive of
Saturdays, Sundays and legal
Holidays.
Joint Sessions
Voting Separately
1. Choosing the president
2. Determine Presidents disability
3. Confirming nomination of the
VP
4. Declaring the existence of state
of war
5. Proposing constitutional
amendments
Voting Jointly
Revoke or extend proclamation
suspending the privilege of the Writ
of Habeas Corpus or placing the
Philippines under martial Law
Adjournment
Neither House during the sessions of Congress shall, without the
consent of the other adjourn for more than 3 days, nor to any other place
than that in which the 2 Houses shall be Sitting.
Officers
1. Senate President
2. Speaker of the House
Majority vote of all its respective members
Each house shall choose such other officers as it may deem necessary
Quorum
Majority of each House, but a smaller number may adjourn from day to
day and may compel the attendance of absent members in such manner and
under such penalties as such House may determine.
The basis in determining the existence of a quorum in the Senate shall
be the total number of senators who are in the country and within the
coercive jurisdiction of the Senate.
Discipline of members
House may punish members for disorderly behaviour.
Suspend a member with concurrence of 2/3 of all its members for not
more than 60 days or expel a member.
Grounds for disorderly behaviour is a Political question.
Records and books of account
Preserved and open to the public in accordance with law.
82
Audited by COA which shall publish annually an itemized list of

amounts paid to and expenses incurred for each member.
Legislative journal and Congressional Record
Matters which, under the constitution are to be entered into the journal
1. Yeas and nays on 3rd and final reading of a bill
2. Veto message of the President
3. Yeas and Nays on the repassing of a bill vetoed by the President
4. Yeas and Nays on any question at the request of 1/5 of members
present
These will prevail over enrolled Bill
Enrolled Bill Theory

1. Duly introduced and finally passed by both Houses
2. Authenticated by the proper officers of each
3. Approved by the President
Conclusive upon the courts as regards tenor of measure
passed by Congress and approved by the President.
No nee d to look into whether the bill was duly or regularly enacted, by
virtue of Separation of Powers.
Court is bound under the doctrine of Sep. Of powers by the contents of
a duly authenticated measure of the legislature
Enrolled Bill prevails over Journal Entry, except to matters which,
under the Constitution are required to be entered in the
Journal-such as those enumerated above. (Arroyo vs. De Venecia)
Congressional Record Each House shall also keep a Record of its
proceedings.
Bodies Attached to Congress
1. Electoral Tribunals
2 Electoral Tribunals, SET and HRET 9 members each
Composition
- 3 SC justices designated by the Chief Justice ( Judicial
Component)
- 6 members of House concerned- chosen on the basis of
proportional representation from political parties registered
under the party-list system represented therein.
(Legislative Component)
- Senior justice Chairman
HRET is a non partisan-court independent of Congress and devoid of
partisan influence and consideration.
83
Disloyalty to the party and breach of party discipline are not valid
grounds for expulsion
Members of HRET enjoy security of tenure
Power
Sole judge of all contests relating to the election, returns and
qualifications of their respective members.
HRET may assume jurisdiction only after the winning candidate shall
have been duly proclaimed, taken his oath, and assumed functions of
office
Decision of HRET reviewable by Certiorari under Rule 65
2. Commission on Appointments
25 Members
Composition
- Senate president ex officio Chairman
- 12 senators
- 12 members of HR
Only LEGISLATIVE COMPONENTS
A tool for CHECKS and BALANCES
Elected
by each house on the basis or proportional representation
from the political parties registered under the party-list system
represented therein.
Chairman shall not vote except in case of a tie
Powers
Act on all appointments submitted to it within 30 days of Congress
from their submission.
Commission shall rule by a majority vote of its members
Shall meet only while congress is in session at the call of chairman or a
majority of all its members
The COA is independent of the two Houses of Congress. Its employuees

are not technically employees of Congress.
Has the power to promulgate its own rules and regulations
Powers of Congress
I.
General Legislative Power power to propose, enact,
amend and repeal laws.
a. Limitations
84
85
Substantive
Express
- Bill of Rights
- On Taxation
- Constitutional appellate jurisdiction of the SC
- No law granting a title of royalty or nobility shall be pass
Implied
- Non-delegation of powers
- Prohibition against passage of irrepealable laws.
Procedural
1. Only one subject to be expressed in the title thereof
Liberal Interpretation on Titles- Need not be an Index, otherwise a
Kilometric Title will result.
Purpose of Titles:
o Prevents Riders
o Prevents Hodge podge or Log Rolling
o Apprise People of Subject of Legislation
2. Three readings on separate days except when president
certifies to its immediate enactment to meet a public calamity
or emergency
b. Legislative Process
A. Requirements as to bills
1. Only one subject to be expressed in the title thereof
2. The following shall always originate from HR
- Appropriation
- Revenue/ Tariff Bills
- Bills authorizing increase of public debt
- Bills of local application
- Private Bills
Tolentiono vs. Secretary of Finance Senate has the power to concur
with amendments. Even Amendments by substitution. Only the BILL
must originate from the HR.
B. 3 readings
- No Bill shall become a law unless it has passed 3 readings
on separate days and printed copies thereof in its final
form have been distributed to its members 3 days before
its passage. Except when president certifies to its
immediate eneactment to meet a public calamity or
emergency.
Bi-Cameral Conference Committee
o Results may go beyond its mandate.
o From the Bi-Cameral Committee, send the bill
back to Both Houses.
o No need to undergo 3 readings
o Subject to votation
o If Yeas Prevail
Signed by:
o Senate President
o Speaker of the House
o Certified
o Transmitted to the President which then
becomes an Enrolled Bill
If Nays Prevail
o Bill is not Killed
o Another Bi-cameral Committee is
convened to come up with the version
applicable to Both Houses.
C. Approval of Bills
- Bill becomes a law in any of the following cases:
1. President approves and signs the Bill
2. President Vetoes the Bill
2 Kinds of Veto
a. General Veto
b. Line Veto line veto or partial veto is invalid. It is
allowed only for particular items in an appropriation,
revenue or tariff bill. (Bengzon vs. Drilon)
Effects of Veto
a. Does not Become a Law
b. Send Back to original House with Objections
Veto is Overriden by vote of 2/3 of all its Members.
Doctrine of Inappropriate Provision
Concerns General Appropriation Bill
This is a result of vetoing an appropriate provision
otherwise, the doctrine applies.
Such vetoed Inappropriate provision does not affect
those which the President does not veto or object to.
Such provision then becomes an ITEM
3. President fails to act upon the Bill 30 days from receipt
The Bill automatically becomes a Law
There is no Pocket Veto
Pocket Veto- Available in American Government
where the President does not act and congress
86
adjourns, in which case the bill does not become a

law.
II.
87
Power of Appropriation
- The power of the purse belongs to congress, subject only
to the veto power of the president.
- Power of appropriation carries with it the power to specify
the project or activity to be funded under the appropriation
law. It can be as broad as Congress wants it to be.
A. Need for appropriation
No money shall be paid out of the Treasure except in
pursuance of an appropriation made by law.
B. Appropriation Law
Statute, the primary and specific purpose of which is to
authorize the release of public funds from the Treasury
C. Classification
a. General Appropriation Law Passed annually to
provide for the financial operations of the entire
government during one fiscal period
b. Special appropriation law designed for a specific
purpose
D. Implied limitations on appropriation measures
a. Devoted to Public Purpose
b. Sum must be determinate or at least determinable
E. Constitutional limitations on Special Appropriation
measures
a. Specify public purpose
b. Supported by funds actually available as certified by
National Treasurer
F. Constitutional Rules on General Appropriations Law
a. Congress may not increase the appropriations
recommended by the President
b. The form, content and manner of preparation of the
budget shall be prescribed by law
c. No provision or enactment shall be embraced unless
it relates specifically to some particular appropriation
d. Strictly follow the procedure for approving
appropriations for other departments and agencies
e. Prohibition against transfer of appropriation
f. Prohibition against appropriation for sectarian benefit
g. Automatic appropriation
G. Impoundment refusal by the president for whatever
reason to spend funds made available by congress.
Failure to spend or obligate budget authority of any
type.
III.
Power of Taxation
Limitations
1. Uniform and equitable. Progressive system of Taxation.
2. Charitable institutions etc. All lands, buildings ADE used for
religious, charitable, or educational purposes exempt from
taxation
3. All revenues, assets on non-stock, non-profit educational
institutions used ADE for educational purposes exempt
from taxes and duties
4. Law granting tax exemption shall be passed only with the
concurrence of the majority of all the members of
congress.
IV.
Congressional Oversight Power

1. Legislative Scrutiny
a. Budget Hearing
b. Question Hour
Heads of department may upon their own initiative,
with the consent of the President or upon request of
either House, appear before and be heard by such
House on any matter pertaining to their
departments.
o Own initiative Borrowed from the
Parliamentary form of Government
Executive Officers or Cabinet Members may validly
refuse to appear if called without the consent of the
president. This is not Mandatory.
c. Confirmation of Appointments
Nomination made by the President in the event of a
vacancy in the office of VP, from among the
members of Congress confirmed by a majority vote
of all the members of both houses of Congress,
separately.
2. Power of Legislative investigation.
- Congress may conduct inquiries in aid of legislation, in
accordance with duly published rules of procedure.
- Rights of persons appearing therein or affected by such
inquiry shall be respected.
- You cannot expect congress to enact good laws if you deny
it the power to investigate.
- Even if this is not found in the Constitution, the power still
exists as it is Inherent (Arnault vs. Nazareno)
88
Limitations:
a. In aid of legislation
b. In accordance with duly published rules of procedure
c. Rights of persons appearing in or affected by such, inquiry
shall be respected
3. Legislative Supervision
- Scrutinize exercise of delegated law-making and permits
the congress to retain such power.
- Excercised through:
o Legislative Veto the legislature can block or modify
administrative action taken under a statute. May be
negative or affirmative. Subject to serious questions
involving the principle of separation of powers.
Power to Punish contempt
May include imprisonment, for the duration of the
session. Senate being a continuing body, may order
imprisonment for an indefinite period. But always
consider due process.
Cannot be pardoned by virtue of separation of
powers
4. War Powers
Vote of 2/3 of both Houses in joint session assembled, voting
separately, may declare existence of a state of war.
5. Board of Canvassers in election of President
- Congress may validly delegate the initial determination of
the authenticity and due execution of the certificates of
canvass to a joint Congressional Committee composed of
The HR and of the Senate.
6. Power to call special election for President and Vice
president
7. Power to judge Presidents physical fitness to
discharge the functions of the presidency
8. Power to revoke or extend suspension of the
privilege of the Writ of Habeas Corpus or declaration
of martial law
89
9. Power to concur in presidential amnesties.

Concurrence of majority of all the members of
congress.
10.
Power to concur in treaties or international
agreements. Concurrence of at least 2/3 of all the
members of the Senate
90
11.
12.
Power of Impeachment
Power relative to natural resources
13.
Power to propose amendments to the
constitution
91
Executive Department
Section 1. The executive power shall be vested in the President of the
Philippines.
Sec. 1 is the most powerful provision because:
It is a source of all inherent powers
Political Authority of the president is the People
U.S.
Biak-naBato
Malolos
1935
1973
1987
The
The
A
(Commonwe
alth
government
eh)
The
The
The President
Qualifications:
1.
2.
3.
4.
5.
Natural-born citizen of the Philippines

Registered voter
Able to read and write
At least 40 years old on the day of the election
Resident of the Philippines for at least ten years immediately preceding
such election
Election
a. Regular Election- Second Monday of May
b. Congress as canvassing board
c. Supreme court as Presidential Electoral Tribunal
Term of Office
92
a. No re-election- No person who has succeeded as President and has

served as such for more than four years shall be qualified for election
to the same office at any time.
b. The 6 year term of President and Vice President is for purposes of
synchronization of elections.
Oath of Office
I do solemnly swear 9or affirm) that I will faithfully and
conscientiously fulfil my duties as President (or Vice President or Acting
President) of the Philippines, preserve and defend its Constitution, execute
its laws, do justice to every man, and consecrate myself to the service of the
Nation. So help me GOD. (In case of affirmation, last sentence will be
omitted)
Borrowed from the US
So help me God was introduced by George Washington
Clinton vs. Jones A suit can be filed against the president if the
conduct is not related to the offices official functions
Benjamin Franklin introduced prayer in Congress in the 1787

Constitutional Convention.
Privileges
a. Official residence
b. Salary determined by law, shall not be decreased during tenure. No
increase until after the expiration of the term of the incumbent during
which such increase was approved.
c. Immunity from suit while immune from suit, president may still
institute suit
Immune from civil liability
After tenure, President cannot invoke immunity from suit fro civil
damages arising out of acts done by him while he was president
which were not performed in the exervcise of official duties
Alter ego of president cannot invoke immunity from suit because
the questioned acts are not the acts of the President but merely
those of a department secretary
93
d. Executive Privilege- the right of the president and high-level executive

branch officials to withhold information from Congress, the courts and
ultimately the public.
Does not Attach to the Person, but to the Act or Information
What it covers:
1. State Secrets
- Disclosure would subvert military affairs
2. Informer
- Non-disclosure of identities of persons who give information
3. Generic Principles for Internal Deliberation
- Recommendations, deliberations, intra-government documents,
advisory opinions
Cannot be pried open by a co-equal branch of the government

Being an exemption from the obligation to disclose information, the
necessity for withholding the information must be of such a high
degree as to outweigh public interest an indication of a
DEMOCRATIC AND REPUBLICAN STATE
Prohibitions/Inhibitions
a. Shall not receive any other emoluments from the government or any
other source
b. Unless otherwise provided in this Constitution, shall not hold any other
office or employment
The VP may be appointed to the Cabinet without the need of
confirmation by the Commission on Appointments
EO 284 which allowed cabinet members to hold two other offices in
government is unconstitutional , in direct contravention of Sec. 13,
Art. VII.
Executive official s may occupy posts in an ex-officio capacity
without additional compensation and as required by the primary
functions of the said officials office.
c. Shall not directly or indirectly:
- Practice any other profession
- Participate in any business
- Be financially interested in any contract with or in any franchise or
special privilege granted by the government
d. Strictly avoid conflict of interest in the conduct of their office
94
e. May not appoint spouse or relatives by consanguinity or affinity within

the 4th civil degree as members of:
- Constitutional Commissions
- Office of the Ombudsman
- Secretaries
- Under Secretaries
- Chairmen or heads of bureaus or offices, including GOCC and their
subsidiaries
Succession
a. Vacancy at the beginning of the term:
Cause
Death or permanent disability
Succession
Vice President elect
Not merely ACTING but AS
president
Fails to qualify
Vice President elect shall act as
president until President-elect shall
have qualified
Not chosen
Vice President elect shall act as
president until a president shall have
been chosen and qualified
No President and vice president President of the Senate, or in case of
chosen nor shall have qualified or his inability, the Speaker of the HR
both shall have died or become shall act as president until a president
permanently disabled
and vice president shall have been
chosen and qualified. In the event of
inability of the officials mentioned,
congress by law shall provide for a
manner in which one who is to act
president shall be selected until a
president or VP shall have qualified.
b. Vacancy during the term
Cause
Death,
permanent
disability,
removal from office, resignation
Death,
permanent
disability,
removal from office, or resignation
of P and VP
95
Succession
Vice President shall become the
president
Senate President, in case o
inability, Speaker of HR shall act
as President until a P or VP shall
be
elected
and
qualified.
Congress by law, shall provide
for the manner in which one is

to act as President in the event
of inability of the officials
mentioned above.
c. Temporary disability
President transmits to the Senate President and the Speaker his
WRITTEN DECLARATION that he is unable to discharge the powers
and duties of his office.
Until he transmits to them written declaration to the contrary, such
powers and duties shall be discharged by the VP as acting President
96
Majority of all the members of the Cabinet transmits to the Senate

president and the Speaker their written declaration that the
president is unable to discharge the powers and duties of his office,
VP shall immediately assume powers and duties of the office as
ACTING PRESIDENT
When president transmits to the Senate President and Speaker his

written declaration that no inability exists, he shall reassume the
powers and duties of his office.
Within 5 days, majority of the members of the Cabinet transmit to

the Senate president and Speaker their written declaration that the
president is unable to discharge the powers and duties of his office,
Congress shall decide the issue.
For this purpose, the Congress shall convene, if

within 48 hours.
If within 10 days from receipt of the last written declaration or;
If not in session, within 12 days after it is required to assemble,

Congress determines by a 2/3 vote of both Houses, 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
not in session,
d. Constitutional duty of Congress in case of vacancy in the offices of

President and VP
1. At 10:00 AM of the 3rd day after the vacancy occurs
2. Congress shall convene without the need of a call
3. Within 7 days enact a law calling for a special election to elect a
president and VP
4. To be held not earlier than 45 nor later than 60 days from the time
of such call
5. The Bill shall be deemed certified and shall become law upon its
approval on third reading by Congress
6. Convening of Congress cannot be suspended nor the special
election postponed
7. No special election shall be called if the vacancy occyrs within 18
month before the date of the next presidential election.
Removal of the President

Impeachment
Article XI
Sec. 2
Who may be impeached?
1. President
2. VP
3. Members of SC
4. Members of Constitutional Commissions
5. Ombudsman
On what ground?
1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and Corruption
5. Other high crimes
6. Betrayal of public trust
Sec. 3
Who may initiate case of impeachment?
97
Only the House of Representatives/citizen upon resolution or

endorsement by any member of the HR
What is the process of impeachment?

Inquiry of Impeachment
Resolution
Resolution
Any member of the
HR or Citizen of the
Philippines upon
resolution or
endorsement by
any member of the
HR
FILES A VERIFIED
COMPLAINT
Include in the
order of business
of HR within 10
session
days
Referred
to
JUDICIARY
COMMITTEE within
3 session days
Judiciary
committee HOLDS
HEARINGS and
INVESTIGATES
CHARGES
COMMITTEE after
hearing and
MAJORITY VOTE of
all its members
SUBMITS REPORT
to HR within 60
session days with
98 Loyola.Reyes.Vibandor
Direct
At least 1/3 of all

members of the HR
file a VERIFIED
COMPLAINT OR
RESOLUTION
CALENDARED for
CONSIDERATION
by HR within 10
session days
At least 1/3 of all
members of HR
AFFIRMS or
OVERRIDES Article
of Impeachment
ARTICLES OF IMPEACHMENT is SENT to the SENATE
which have the sole power to try and decide all cases of
impeachment.
Prosecutors: Fixed number of members of HR
Jurors: FULL SENATE
When the President of the Philippines is on trial, the Chief
Justice of the Supreme Court shall preside, but shall not vote.
SENATE VOTES in OPEN SESSION on each Articles of

Impeachment
CONVICTION upon concurrence of 2/3 vote of ALL the

MEMBERS OF THE SENATE
Powers of the President

Not limited merely to the provisions of the Constitution.
1. Executive Power
a. Power to enforce and administer the laws.
99
b. As the administrative head of the Government, the President is

vested with the power to execute, administer and carry out laws
into practical operation.
c. Power of carrying out the laws into practical operation and enforcing
their due observance
Authority to reorganize the Office of the President by virtue of
Administrative Code of 1987 (EO 292).
Sec. 31 (1) President Proper
Sec. 31 (2) (3) Outside of the

Office of President Proper
Abolishing, consolidating or merging Limited
to
merely
transferring
units or by transferring functions functions or agencies from the Office
from one unit to another
of the President to Departments or
Agencies and vice versa
2. Appointments
Appointment selection, by authority vested with the power, of an individual
who is to exercise the functions of a given office.
Designation the imposition of additional duties, usually by law, on a person
already in the public service.
Commission written evidence of appointment
Classifications of Appointments
Permanent
Extended to persons possessing the
qualifications and requisite eligibility
and are thus protected by Security of
Tenure
Temporary
Given to persons without such
eligibility, revocable at will and
without the necessity of just cause or
a valid investigation made on the
understanding that the appointing
power has not yet decided on a
permanent appointee and that the
temporary appointee maybe replaced
at any time a permanent choice is
made.
Regular
Ad Interim In the mean time
One made by the president while One made by the president while
100
Congress is in session takes effect

only after confirmation by the
Commission on Appointments. Once
approved continues until the end of
term of the appointee
congress is not in session, takes

effect immediately, but ceases to be
valid
if
disapproved
by
the
Commission on Appointments or
upon the next adjournment of
Congress.
NOMINATES not appoint
Appoints
Appointment is not immediately Appointment
is
Immediately
executory- awaits the confirmation of executory- but RESOLUTORY.
the Commission on Appointments.
Summers vs. Ozaeta Ad
interim appointments are
permanent. But conditional,
subject to disapproval.
Matibag vs. Benipayo
appointment
cannot
be
withdrawn once qualified. Ad
interim appointments are
permanent until disapproved
during the next session of
congress.
APPLICABLE ONLY WHEN APPOINTMENT REQUIRES CONFIRMATION
Such as:
1. Provided by Constitution:
a. Heads of Executive Departments
Except Vice President
b. Ambassadors or other public ministers and consuls
c. Officers of the armed forces from the rank or colonel or naval
captain
Not applicable to PNP, as the same is under the DILG
d. Those other officers whose appointments are vested in him in
the Constitution. (Sarmiento vs. Mison)- Such as:
i.
Members of the Constitutional Commission
ii.
4 regular members of the JBC
Calderon vs. Carale The enumeration is exclusive, congress may
not amend to add/ reduce.
2. Officers whose appointments are not provided by law
3. Vested by Congress
Steps in appointing process
1. Nomination by the President
2. Confirmation by the Commission on Appointments
3. Issuance of the commission
101
4. Acceptance by the appointee
Discretion of Appointing Authority

Appointment is essentially a discretionary power and must be
performed by the officer in which it is vested according to his best lights, the
only condition being that the appointee should possess the minimum
qualifications.
Discretion also includes determination of the nature or character of the
appointment.
Special Constitutional Limitations on the Presidents appointing power:

1. Nepotism - May not appoint his spouse and relatives by consanguinity
or affinity within the fourth civil degree as Members of the
Constitutional Commissions, as ombudsman, or as Secretaries,
undersecretaries, chairmen or heads or bureaus or offices, including
GOCC
2. Appointments by ACTING president shall remain effective unless
revoked by the ELECTED president within 90 days from his assumption
of office
3. 2 months immediately before the next presidential elections, and up to
the end of his term, a President or acting President shall NOT make
appointments except temporary appointments to executive
positions when continued vacancies will prejudice public
service or endanger public safety
IN RE: Valenzuela/ Vallerta The prohibition is directed against 2
appointments:
1. Buying Votes The so-called Midnight Appointments
2. Partisan Consideration - pre-empting the president of
prerogative of incoming president
De Castro vs. JBC Will not apply to Judicial Appointments. BUT take
note, this does not fall under the EXCEPTIONS.
3. The power of removal
General Rule: Implied from the power of appointment. For cause and in
accordance with prescribed administrative procedure.
102
Exception: When constitution prescribes

separation of such officers from public service.
certain
methods
for
4. The power of control

Control power of an officer to alter or modify or nullify or set aside
what a subordinate officer had done in the performance of his duties and to
substitute his judgement for that of the latters.
Supervision overseeing, or the power or authority of an officer to see
that subordinate officers perform their duties and if the latter fail or neglect
to fulfil them, then the former may take such action or steps as prescribed by
law to make them perform these duties.
Power of General Supervision over local governments - Can only
interfere in the affairs and activities of a local government unit if he or she
finds that the latter had acted contrary to law.
Ganzon vs. CA Investigation s not inconsistent with General

Supervision
Alter Ego Principle
Headed by Cabinet Secretaries
Doctrine of qualified political agency

Recognizes:
1. The establishment of a single executive and administrative
organizations are adjuncts of the Executive Department;
2. The heads of the various executive departments are assistants and
agents of the Chief Executive
3. Except in cases where Chief executive is required by the
constitution or law to act in person or the exigencies of the situation
demand that he act personally, the administrative functions are
performed by and through the executive departments and the acts
of the Secretaries of such departments performed and promulgated
in the regular course of business are, unless disapproved or
reprobated by the Chief Executive presumptively the acts of the
Chief executive.
103
Administrative Code of 1987

Bureau
Office
Executive
Department
Any
Executive Principal Subdivision
Departments created of Department
by Law
Ex. DILG
Ex. PNP
Major Functional Unit

of
Department/
Bureau
Ex. Regional Offices
of PNP
Appeal
Decisions of subordinate executive officers are appealable to the
President. This completes the exhaustion of administrative remedies.
Except when the doctrine of qualified political agency applies in which
case the decision of the cabinet secretary carries the presumptive approval
of the president then there is no need to appeal the decision to the president
in order to complete exhaustion of administrative remedies.
5. Military Powers
The President shall be the commander in chief of all armed forces of
the Philippines and whenever it becomes necessary, he may call out such
armed forces to prevent or suppress lawless violence, invasion or rebellion.
In cases of invasion or rebellion, when the public safety requires is, he may,
for a period not exceeding 60 days, suspend the privilege of the writ of
habeas corpus or palce the Philippines or any part thereof under martial law.
Calling-out powers
Suspension of the
Martial Law
Privilege of the Writ
of Habeas Corpus
Grounds:
Grounds:
Grounds:
a. Lawless
a. Invasion,
when
a. Invasion, when
violence
public
safety
public
safety
b. Invasion
requires it
requires it
c. rebellion
b.
Rebellion,
when
b.
Rebellion,
IBP vs. Zamora
public
safety
when
public
The calling
requires it
safety requires
out power is a
it
political
Duration:
60
days,
question. The following which, it shall Duration:
60
days,
104
discretion
be lifted by congress.
following which, it shall
be lifted by congress.
solely vested in
Procedure:
the President.
1. President Reports Procedure:
action to congress
1. President Reports
PERSONALLY or in
action to congress
WRITING within 48
PERSONALLY or in
hours.
WRITING within 48
2. Congress
may
hours.
revoke or extend
2. Congress
may
effectivity
of
revoke or extend
proclamation by a
effectivity
of
MAJORITY VOTE of
proclamation by a
ALL its members
MAJORITY VOTE of
VOTING JOINTLY.
ALL its members
3. SC may review in
VOTING JOINTLY.
an
appropriate
3. SC may review in
proceeding
filed
an
appropriate
by ANY citizen the
proceeding
filed
sufficiency of the
by ANY citizen the
factual basis of
sufficiency of the
the suspension.
factual basis of
4. SC
must
the proclamation
promulgate
4. SC
must
decision within 30
promulgate
days from filing.
decision within 30
5. Does not impair
days from filing.
the right to bail
5. Does not impair
6. Suspension
the right to bail
applies to those
6. Suspension
JUDICIALLY
applies to those
charged
for
JUDICIALLY
rebellion
or
charged
for
offenses inherent
rebellion
or
in
or
directly
offenses inherent
connected
with
in
or
directly
invasion.
connected
with
7. Any
person
invasion.
arrested shall be
7. Any
person
judicially charged
arrested shall be
within
3
days,
judicially charged
otherwise
within
3
days,
released.
otherwise
released.
Political Question
105
Olaguer Doctrine Even during Martial Law, military courts

cannot try civilians when civil courts are able to function.
Commander-in chief Clause

a. The president shall be the commander in chief of the Philippines.
Ability of the President to require a military official to secure prior
consent before appearing in congress
Most crucial to the democratic way of life, to civil supremacy over
the military, and to the general stability of our representative
system of government.
b. To call out such armed forces to prevent or suppress lawless violence,
invasion or rebellion
c. The power to organize courts martial for the discipline of the members
of the armed forces, create military commissions for the punishment of
war criminals.
6. Pardoning Power
Except in cases of impeachment, or as otherwise provided in the
constitution, the president may grant reprieves, commutations, and pardons,
and remit fines and forfeitures, after conviction by final judgment. He shall
also have the power to grant amnesty with the concurrence of a majority of
all the members of the Congress.
Pardon
Commutatio
n
Act of grace Reduction or
which
Mitigation of
exempts the the penalty
individual on
whom it is
bestowed
from
punishments
President
cannot grant
106
Reprieve
Parole
Amnesty
Postponemen
t of execution
of the DEATH
penalty.
Release from
imprisonment
, but without
full
restoration of
liberty.
Act of grace
concurred
in by the
legislature,
usually
extended to
groups
of
persons who
committed
political
offenses,
Remit FInes
pardon
on
disciplined
judges as this
is
an
encroachmen
t
on
the
power of the
SC.
which
puts
into oblivion
the
offense
itself
No need for
Conviction by
Final
Juedgment
Discretionary upon the president and may not be controlled by the

legislature, reversed by the courts unless there is a constitutional
violation.
Limitations on Exercise
1. Cannot be granted in cases of impeachment
2. Cannot be granted in cases of violation of election laws without the
favourable recommendation of the COMELEC
3. Can be granted only after conviction by final judgment
4. Cannot be granted in cases of legislative contempt or civil contemot
5. Cannot absolve the convict of civil liability
6. Cannot restore public offices forfeited
Classifications of Pardon
1. Plenary or Partial
2. Absolute or Conditional
Amnesty
Totally extinguishes criminal liability

One must admit his guilt of the offense covered by the proclamation
Amnesty
Political Offenses
Classes of Persons
No need for distinct acts of
acceptance
Requires concurrence of Congress
Public Act which the courts may take
107
Pardon
Infractions of peace of the State
Individuals
Acceptance necessary
Does Not
Private Act which must be pleaded
judicial notice of because this is and proved

the official act of the president
Looks backward and puts into Looks forward and relieves the
oblivion the offense
pardonee of the consequences of the
offense
Monsanto vs. Factoran: Pardonee Llamas vs. Orbos: Pardon is also
is not entitled to reinstatement/ available
to
one
guilty
of
backwages because the pardon only administrative offense, there is no
extinguishes the penalty, but she is distinction by the constitution.
still a convict.
7. Borrowing Power
The president may contract or guarantee foreign loans on behalf of the
Republic.
1. Prior concurrence of Monetary Board
2. Subject to limitations under the law
3. MB shall within 30 days from the end of every quarter, submit to the
congress a complete report of its decisions on applications for loans
which would have the effect of increasing the foreign debt.
8. Diplomatic Power
Treaty-making power.
No treaty or international agreement shall be valid and effective unless

concurred in by at least 2/3 of all the members of the SENATE.
Treaty
International Agreement
Involves political issues or changes of Adjustment of details carrying out
national policy
well established national policies and
traditions
Involving international agreements of Involving international agreements of
a permanent character
a more or less temporary nature
Formal documents require ratification Binding through executive action
Ratified by the SENATE
Not subject to concurrence of the
SENATE
Same Binding Effects (BAYAN vs. ZAMORA)
108
Exchange of Notes Form of Executive agreement. So it is

binding without the need of the vote of senate.
BAYAN vs. Zamora VFA is a treaty not a mere executive agreement
A quagmire was faced as to which constitutional provision should

govern:
Art. XVIII, Sec. 25 After the expiraration in 1991 of the
Agreement between the RP and the US concerning military bases,
foreign military troops, bases, facilities shall not be allowed in the
Philippines except under a treaty duly concurred in by the
senate and when the congress so requires, ratified by a
majority of the votes cast by the people in a national
referendum held for that purpose, and recognized as treaty by the
other contracting state.
Art. VII, Sec. 21 No treaty or international agreement shall be valid
and effective unless concurred in by at least 2/3 of all the members of
the SENATE.
Art. XVIII, Sec. 25 is applicable as it is a special provision applicable
to treaties involving military bases.
9. Budgetary Power
1. President shall submit to congress within 30 days from the opening
of every regular session as the basis of General Appropriations Act
2. A budget expenditures and sources of financing, including receipts
from existing and proposed revenue measures
Congress cannot increase, only reduce budget.

10. Informing Powers
The president shall address the congress at the opening of its regular
session. He may also appear before it at any other time.
SONA 4th Monday of July
Instances when the congress may convene without the call of the
president:
1. Martial Law
2. Suspension of privilege of writ of Habeas Corpus
109
3. Impeachment cases
4. Canvassing elections for President and Vice President
5. Schedule Special elections for President and Vice President.
Other Powers
1.
2.
3.
4.
5.
6.
Call congress to a special session

Power to approve or veto bills
Consent to deputation of government personnel by the COMELEC
Discipline such deputies
Emergency powers, tariff powers delegated by the Congress
Genereal supervision over LGU and autonomous regional
governments
7. Unstated Residual Powers (Marcos vs. Manglapus)
8. Power of Impoundment refusal of the president for whatever
reason to spend funds appropriated by congress.
Vice President
Qualifications:
1.
2.
3.
4.
5.
Natural-born citizen of the Philippines

Registered voter
Able to read and write
At least 40 years old on the day of the election
Resident of the Philippines for at least ten years immediately
preceding such election
Election
a. Regular Election- Second Monday of May
b. Congress as canvassing board
c. Supreme court as Presidential Electoral Tribunal
Term of Office
6 years. But no VP shall server for more than 2 successive terms.
110
In case of vacancy, President shall nominate a Vice president from

among the members of the Senate and the HR who shall assume
office upon confirmation by a majority vote of all the members of
both Houses of Congress voting separately.
Judicial Department
The Least Dangerous Branch of the Government because it possesses

neither the power of purse nor the sword.
Yet, is important because of the power of Education and Judgment.
Sec. 1 Judicial Power shall be vested in ONE supreme court and in

such lower courts as may be established by law.
Constitutional Court Supreme Court
Statutory Courts:
1. CA
2. RTC
3. MTC, MeTC, MCTC
4. Sandiganbayan
5. Sharia
Judicial Power
Includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to
determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government. (Introduced by Robert Concepcion)
2 types of Judicial Power

1. Traditional settle actual controversies involving rights which are
legally demandable and enforceable
111
2. Expanded- 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.
Powers to amend and control its processes and orders includes the
right to reverse itself.
SC can look into factual basis
Where Vested
In one Supreme Court and in such lower courts as may be established
by law
SC was called Supreme Council of Grace and Justice in the Bia-na-Bato

Constitution
Called the Supreme Court in Malolos Constitution
Jurisdiction
The power to hear and decide a case
Congress has the power to define, prescribe and apportion the

jurisdiction of the various courts, but may not deprive the SC of its
jurisdictions over cases
Section 5. The Supreme Court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors other
public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari as
the law of the Rules of Court may provide, final judgments and orders of
lower courts in:
a. All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.
112
b. All cases involving the legality of any tax, impost, assessment, or

toll, or any penalty imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
e. All cases in which only an error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public

interest may require. Such temporary assignment shall not exceed
six 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 protection and enforcement of
constitutional rights, pleading practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, the legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of 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.
6. Appoint all officials and employees of the Judiciary in accordance
with the Civil Service Law.
No law shall be passed increasing the appellate jurisdiction of the SC

as provided in the Constitution without its advice and concurrence
Constitutional Safeguards
1. SC is a constitutional body, it may not be abolished by the legislature
2. Members of the SC are removable only by impeachment
3. SC may not be deprived of its minimum original and appellate
jurisdiction. While appellate jurisdiction may not be increased without
its advice and concurrence.
4. Supreme Court has administrative supervision over all inferior courts
and personnel
5. SC has the exclusive power to discipline judges/justices of inferior
courts
113
6. Members of the Judiciary have security of tenure

7. Members of the Judiciary may not be designated to any agency
performing quasi-judicial or administrative functions
8. Salaries of judges may not be reduced, the judiciary enjoys fiscal
autonomy
Fiscal Autonomy Full flexibility to allocate and utilize their resources
with the wisdom and dispatch that their needs require.
9. The SC alone may initiate and promulgate the Rules of Court
10.
The SC alone may order temporary detail of judges
11.
The SC can appoint all officials and employees of the judiciary
Power of Judicial Review
1. Judicial Review Power of the courts to test the validity of executive
and legislative acts in light of their conformity with Constitution. This is
not an assertion of superiority by the courts over the other
departments but merely an expression of the supremacy of the
Constitution
2. Judicial Power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and
enforceable and 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.
Functions
1. Checking
2. Legitimating
3. Symbolic
Requisites
1. Actual Case or controversy conflict of legal rights, an assertion of
opposite legal claims which can be resolved on the basis of existing
law and jurisprudence.
A request for advisory opinion is not an actual case or controversy.
ICJ may render advisory opinions
a. To resolve contention cases
b. Directed to General Assembly, Security Council, other organs of the
UN.
Must not be moot and academic - One that ceases to present a
justiciable controversy by virtue of supervening events
Exceptions to the rule on Mootness:
a. Grave violation of the Constitution
114
b. Exceptional Character of the situation and paramount public interest

is involved
c. Constitutional issues raised require formulation of principles to
guide the bench, the bar and the public
d. Case is capable of repetition yet evasive of review.
2. Question must be raised by a proper party One who has

sustained or is in imminent danger of sustaining an injury as a result of
the act complained of. Locus Standi
- Locus Standi a right of appearance in a court of justice on a
given question.
- Direct Injury Test a person who impugns the validity of a
statute must have a personal and substantial interest in the
case such that he has sustained or will sustain direct injury as
a result.
- Liberal Approach:
a. Constitutional Issues
b. Taxpayers claim of illegal disbursement of public funds
c. Voters obvious interest in the validity of the election law
d. Concerned citizens transcendental importance
e. Legislators Official action complained of infringes their
prerogatives as legislators
- Facial Challenge exception to the rule that a party can
question the validity of a statute only if as applied to him is
unconstitutional. May be invoked only to challenge a statue
when it operates in the area of freedom of expression.
- Overbreadth Doctrine permits a party to challenge the
validity of a statue even though, as applied to him, it is not
unconstitutional but may be to others.
- Void-for-Vagueness a law is facially invalid if men of common
intelligence must necessarily guess at its meaning and differ
as to its application.
3. Raised at the earliest opportunity Pleadings
4. Decision of Constitutional question is determinative of the
case itself on the basis of Separation of Powers.
Political Questions
Types
115
1. Decided by the People in their Sovereign Capacity

a. LGC, the power of Recall Political question of the first type.
(Evardone vs. COMELEC)
b. Peoples Revolution
Lawyers League of the Philippines vs. Cory Aquino SC no longer has

the power to inquire into the motives of the people in going to EDSA as
the international community has already given it a de jure status and
Cory government took control of the government without resistance
Estrada vs. Desierto Lawyers league ruling is not applicable because:

Lawyers league vs. Cory Aquino
Estrada vs. Desierto
Cory Government was established in GMA took her oath under the 1987
defiance of 1973 constitution
constitution
Revolutionary Government- it orbits Not a revolutionary government
out of the constitutional loop
EDSA 1 was extra-constitutional
EDSA 2 was intra-constitutional
Political Question
Legal Question
Not subject to judicial review
Subject to judicial review
2. Full discretion is delegated to the Executive/Congress

a. Calling-out power unclouded intent of the constitution to delegate
such power to the president.
1. Does not tie the hands of the president
2. Unless it can be shown that such power was gravely abused, it
shall not be subject to judicial review.
116
Randy David vs. GMA GMA used the calling out power to suppress
lawless violence. Now generally, this should remain as a Political
question. However it fell into the ambit of expanded jurisdiction of the
Supreme Court because the acts prohibited by GMA clearly showed
grave abuse of discretion. HOWEVER, the blunder of the petitioners is
that the FAILED to show such grave abuse of discretion.
Appointment to Judiciary
Qualifications
1. Of proven competence, integrity, probity and independence
2. SC
a. Natural Born citizen
b. At least 40 years of age
c. 15 years or more a judge of a lower court or engaged in the
practice of law in the Philippines
3. Lower Collegiate Courts
a. Natural Born citizen
b. Member of the Philippine Bar
c. Congress may prescribe other qualifications
4. Lower Courts
a. Citizen of the Philippines
b. Member of Philippine Bar
c. Congress may prescribe other qualifications
Procedure for Appointment
1. Appointed by the President of the Philippines from among a list of at
least three nominees prepared by the Judicial Bar Council for every
vacancy the appointment shall need no confirmation
2. Any vacancy in the SC shall be filled within 90 days from the
occurrence thereof
3. For lower courts, the President shall issue the appointment within 90
days from submission by the JBS of such list
Judicial and Bar Council
Recommend and Screen Judges
In 1935 and 1973 constitutions, the role belonged to Commission on

Appointments
Composition
1. Ex-officio members
a. Chief justice Chairman
b. Secretary of Justice
117
c. Representative of Congress
Does not require confirmation

2. Regular members
a. Representative of the IBP
b. Professor of Law
c. Retired Justice of SC
d. Representative of private Sector
Requires confirmation
Appointment
Regular members appointed by the President for a term of 4 years
with the consent of Commission on Appointments.
Powers/Functions
1. Principal function of recommending appointees to the judiciary
2. May exercise such other functions and duties as the SC may assign
it
The Supreme Court
Composition
1. A chief justice
2. 14 Associate Justices
May sit en banc or in its discretion, in divisions of 3, 5 or 7 members

Any vacancy shall be filled within 90 days from occurrence thereof
En banc/division cases
En banc
1. All cases involving the constitutionality of treaty, international or
executive agreement or law
2. Constitutionality, application or operation of presidential decrees,
proclamations, orders, instructions,, ordinances and other egulations
Division
118
Other cases or matters may be heard in division and decided or

resolved with the concurrence of a majority of the members who
actually took part in the deliberations on the issues and voted thereon,
but in no case without the concurrence of at least 3 such members.
Powers
1. Adjudicative Power
Original Jurisdiction
1. Cases affecting ambassadors, other public ministers and consuls
2. Petitions for certiorari, prohibition, mandamus, quo warranto and
habeas corpus
Appellate Jurisdiction
1. All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation is in
question
2. All cases involving the legality of any tax, impost, assessment or
toll, or any penalty imposed in relation thereto
3. All cases in which the jurisdiction of any lower court is in issue
4. All criminal cases in which the penalty imposed is reclusion
perpetua or higher
5. All cases in which only an error or question of law is involved
2. Temporary assignment of judges

Assignment shall not exceed six months without the consent of the
judge concerned
Order change of venue
To avoid miscarriage of justice
3. Rule Making Power
119
Promulgate rules concerning the protection and enforcement of

constitutional rights pleading, practice and procedure in all courts, the
admission to the practice of law the IBP and legal assistance to the
underprivileged
Rules of Court
Legal Ethics
Writs
MCLE
Limitations
1. Provide a simplified and inexpensive procedure for the speedy
disposition of cases
2. Must be uniform for all courts of the same grade
3. Must not diminish, increase or modify substantial rights
Integrated Bar State-organized Bar, to which every lawyer must

belong as distinguished from a bar association organized by individual
lawyers themselves, membership In which is voluntary.
4. Writ of Amparo
Effective and inexpensive instrument for the protection of
constitutional rights. Of Mexican Origin and spread throughout the Western
Hemisphere where it gradually evolved into various forms, depending on the
particular needs of each country.
Available to any person whose right to life, liberty and security is
violated or threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity.
Sec. 14 of the Rule allows the grant by the court of interim reliefs,
which may either be a temporary protection order, inspection order,
production order or a witness protection order
No writ of amparo may be issued unless there is a clear allegation of
the supposed factual and legal basis of the right sought to be protected.
120
Shall not issue when applied for as a substitute for the appeal or
certiorari process or when it will inordinately interfere with these processes.
5. Writ of Habeas Data
Independent remedy to protect the right to privacy, especially the right
to informational privacy.
Remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity
engaged in the gathering, collecting, or storing of data or information
regarding the person, family, honor and correspondence of the aggrieved
party.
6. Power of Appointment
SC appoints all officials and employees of the Judiciary in accordance
with the Civil Service Law
7. Power of Administrative Supervision
SC shall have administrative supervision over all courts and the
personnel thereof
8. Annual Report
SC shall submit within 30 days from the opening of each regular
session of Congress, to the President and to Congress an annual report on
the operations and activities of the Judiciary
Consultations/Decisions of SC
a. Conclusion is any case submitted to it for decision 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.
This requirement is also applicable to lower collegiate courts
121
Not applicable to administrative cases
b. Decision shall state clearly and distinctly the facts and the law on
which it is based
Not applicable to minute resolution dismissing a petition for habeas
corpus, certiori or mandamus, provided a legal basis is given
Not applicable to administrative cases.
Memorandum decisions
Valid as it adopts by reference the findings of fact and
conclusions of law contained in the decisions of inferior tribunals.
On the ground of expediency, practicality, convenience and
docket status of the courts.
It cannot incorporate findings of fact and the conclusions of the
law by lower courts only by means of remote reference which is to say
that the challenged decision is not easily and immediately available to
the person reading the memo decision.
Memorandum should actually embody the findings of facts and
conclusions of law of the lower court in an annex attached to and made
an indispensable part of the decision.
c. No petition for review or motion for reconsideration shall be refused
due course or denied without stating the legal basis therefor.
Tenure of Judges/ Justices

1. SC justices may be removed only be impeachment
2. Lower court judges shall hold office during good behaviour until
they reach the age of 70 years or become incapacitated to
discharge the duties of their office.
a. SC 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 and voted
thereon.
b. No law shall be passed reorganizing the judiciary when it
undermines the security of tenure of its members.
Salaries
Fixed by law, may not be decreased during their continuance in office.
122
Periods for Decision

1. All cases filed after the effectivity of the Constitution must be decided
or resolved from date of submission within:
- SC: 24 months
- Lower Collegiate Courts 12 months
- All lover courts: 3 months
2. Despite expiration of the 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 to it without further delay.
- The court does not lose jurisdiction over the case despite the lapse
of the mandatory period, but the erring judge or justice may be
subjected to administrative sanctions for the delay
Constitutional Commissions
1935
COMELEC
General Auditing
Office
1973
COMELEC
COA
CSC
1987
COMELEC
COA
CSC
General Provisions
The independent constitutional commissions are:
1. Civil Service Comm
2. COMELEC
3. Commission on Audit
Safeguards ensuring the independence of Commissions:
1. They are constitutionally created; may not be abolished by
statute
2. Independent
3. Conferred w/ powers which cannot be reduced by statute
4. Chairmen & mem. may not be removed (except by impeachment)
5. Fairly long term- 7 yrs
6. Chairmen and mem. May not be reappointed or appointed in
an acting capacity
123
7. Salaries- relatively high, may not be decreased during continuance

in office
8. Fiscal autonomy
9. May promulgate its own procedural rules, provided they do not
diminish, increase, modify substantive rights (though subject to
disapproval by SC)
10. Chairmen & mem- subject to certain disqualifications
11. May appoint their own officials/ employees in accordance w/
Civil Service Laws
INHIBITIONS/ DISQUALIFICATIONS
Shall not, during tenure:
1. Hold any other office/ employment
2. Engage in practice of any profession
3. Engage in active management/ ctrl of any business w/c in any way
may be affected by the functions of his office
4. Be financially interested in any contract w/, or in any franchise/
privilege granted by the govt/ subdivisions/agencies
Rotational scheme of Appointments:

First appointees shall serve terms of 7, 5, and 3 years. After 1 st
commish are appointed, the rotational scheme is intended to prevent the
possibility of 1 President appointing all the Commissioners
Decisions
a. Shall be by majority vote of ALL its members & decided w/in 60
days from the date of submission for decision (if its a case) or
resolution (if its a matter)
b. Any decision, order or ruling of each Commission may be brought to
SC on certiorari by the aggrieved party w/in 30 days from receipt of
a copy thereof.
Enforcement Of Decision
Final decisions of the CSC are enforceable by a writ of execution that
the CSC may itself issue
CIVIL SERVICE COMMISSION

124
Composition:
Chairman + 2 Commissioners1. Natural born citizens
2. At least 35 y/o at the time of appointment
3. Proven capacity for public administration
4. Must not have been candidates for any elective position in the election
immediately preceding appointment
5. Appointed by the President w/ consent of Commission on Appointments
for a term of 7 yrs w/o reappointment
6. In no case shall any member be appointed or designated ina
temporary or acting capacity
Constitutional Objectives/ Functions
As the central personnel agency of the Govt:
1. To establish a career service & adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in
the civil service.
2. To strengthen the merit & rewards system, integrate all human
resources development programs for all levels and ranks and to
institutionalize a management climate conducive to public
accountability [Sec. 3, Art. IX- B]
Enjoys a wide latitude of Discretion and may not be compelled by

mandamus to issue such eligibility.
Under the Administrative Code of 1987, the CSC has the power to hear
& decide administrative cases instituted before it directly or on appeal,
including contested appointments. The Omnibus Rules implementing
the Administrative Code provides, among others, that notwithstanding
the initial approval of an appointment, the same may be recalled for
violation of other existing Civil Service laws, rules and regulations. The
power of CSC includes the authority to recall an appointment initially
approved in disregard of applicable provisions of the CS law &
regulations [Mathay v. CSC]
Commission has orig jurisdiction to hear & decide a complaint for
cheating in the Civil Service examinations committed by govt
employees. The fact that the complaint was filed by the CSC itself does
not mean that it cannot be an impartial judge. [Cruz v. CSC]
No appellate jurisdiction incase of separation from government service
Scope Of Civil Service

All branches, subdivisions, instrumentalities and agencies of the Govt
including GOCC w/ original charters. [Sec. 2 (1) Art. IX B]
Classes Of Service
125
A. Career Service
Characterized by entrance based on merit and fitness to be

determined, as far as practicable by competitive examinations, or
based on highly technical qualifications;
Opportunity for advancement to higher career positions; and security
of tenure.
Positions Included in Career Service:

a. Open career positions where prior qualification in an appropriate
examination is required
b. Closed career positions, e.g., scientific or highly technical in nature
c. Career Executive Service, e.g., undersecretaries, bureau directors, etc
d. Career Officers (other than those belonging to the Career Executive
Service) who are appointed by the President, e.g., those in foreign
office
e. Positions in the AFP, although governed by separate merit system
f. Personnel of GOCC w/ orig charters
g. Permanent laborers whether skilled, semi-skilled, or unskilled
Security of Tenure in the Career Executive Service, requisites:
1. Career executive service eligibility
2. Appointment to the appropriate career executive service rank
It must be stressed that the security of tenure of employees in the

career executive service (except first & second level employees in the
civil service) pertains only to rank and not to the office or to the
position to which they may be appointed. Thus, a career executive
officer may be transferred or reassigned from 1 position to another
w/out losing his rank w/c follows him wherever he is transferred or
reassigned.
B. Non-Career Service (NCS)

Characterized by
1. Entrance on bases other than those of the usual tests utilized for the
career service
2. Tenure limited to that specified by law or which is coterminous with
that of the appointing authority or subject to his pleasure, or
3. Which is limited to duration of a project for w/c purpose the
employment was made.
Officers & Employees Embraced in NCS:
1. Elective officials
2. Department heads and officials of Cabinet rank who hold office at the
pleasure of the President, & their personal & confidential stuff
126
3. Chair & mem. Of commissions and boards w/ fixed terms of office

4. Contractual personnel or those whose employment in the government
is in accordance w/ a special contract to undertake a specific work or
job requiring special or technical skills not available in the employing
agency, to be accomplished w/in a specific period not exceeding 1
year, under their own responsibility, w/ the minimum direction &
supervision
5. Emergency & seasonal personnel
Appointments In The Civil Service
Made only according to merit & fitness to be determined as far as
practicable, and except to positions w/c are policy determining, primarily
confidential, or highly technical, by competitive examination [Sec. 2 (2) Art.
IX-B]
Permanent appointment can issue only to a person who possesses all

the requirements for the position to which he is appointed. An
exception to this rule is where, in the absence of appropriate eligibles,
he or she may be appointed temporarily for a period of 12 months.
Exempt from competitive examination
1. Policy determining where officer lays down principal or
fundamental guidelines or rules or formulates method of action for
govt or any of its subdivisions e.g. department head
2. Primarily Confidential denoting not only confidence in the
aptitude of the appointee for the duties of the office but primarily
close intimacy w/c ensures freedom of intercourse w/out
embarrassment or freedom from misgivings or betrayals on
confidential matters of the state; or one declared to be so by the
President upon recommendation of CSC
3. Highly Technical- requires possession of technical skills or training in
a superior degree. e.g. PNB legal counsel
Discretion Of Appointing Authority

Appointing authority has the right of choice w/c he may exercise freely
according to his best judgment, deciding for himself who is best qualified
among those eligibles. Final choice of appointing authority should be
respected and left undisturbed.
Role of Csc
Check if the appointee possesses the qualifications and appropriate
eligibility. If he does, his appointment is approved; it is not, if disapproved.
The committees work is recommendatory and does not fix a stringent
formula regarding the mode of choosing from among thee candidates.
127
Disqualifications
a. No candidate who has lost in any election shall, w/in 1 yr after such, be
appointed to any office in the GOVT/ gocc [Sec 6, Art IX B]
b. No elective official shall be eligible for appointment or designation in
any capacity to any public office or position during his tenure [Sec 7 (1)
Art. IX B]
c. Unless otherwise allowed by law or by the primary functions of his
position, no appointive official shall hold any other office or
employment in the Govt or any subdivision, agency, instrumentality,
including GOCC/ subsidiary [Sec 7 (2) Art IX-B]
Security Of Tenure
No officer or employee of the CS shall be removed or suspended
except for cause provided by law [Sec 2 (3) Art IX B]
Unconsented transfer of the officer, resulting in demolition in rank or
salary, is a violation of the security of tenure clause in the Constitution.
When an employee is illegally dismissed, & his reinstatement is later
ordered by the Court, for all legal intents & purposes he is considered
as not having left his office, and notwithstanding the silence of the
decision, he is entitled to backwages [Del Castillo v. CSC]
Security of tenure in Career Executive Service pertains to rank, not to
the position to which the employee may be appointed [General v.
Roco]
Reorganization of office does not necessarily result in abolition of the
office, and does not justify the replacement of permanent officers &
employees. But where, as a result of the reorganization, employees
were effectively demoted by their assignment to positions lower than
those they previously held, there is violation of security of tenure, and
CSC may order reinstatement.
Under ROC, a career service officer or ee unlawfully ousted from his
office has 1 yr to file an action in court to recover his office, otherwise
it prescribes.
Partisan political Activity

No officer or employee in the CS shall engage, in any electioneering or
partisan political campaign [Sec 2 (4) Art IX B]
The CS Law prohibits engaging directly or indirectly in any partisan
political activity or taking part in any election except to vote, or use
official authority to coerce the political activity of any person or body.
But this does not prevent expression of views on current political
issues, or mention the names of candidates for public office whom the
public officer supports.
Military is covered by this provision
128
Exempt from this provision are the mem of the Cabinet and public
officers & employees holding political offices (who are allowed to take
part in political & electoral activities, except to solicit contributions
from their subordinates or commit acts prohibited under Election Code)
Right To Self- Organization

This right shall not be denied to govt employees [Sec. 2 (5) Art IX B]
But they may not engage in strikes to demand changes in the terms &
conditions of their employment
Protection to temporary employees (TE)
TE shall be given such protection as may be provided by the law [Sec 2
(6) Art IX B]
Standardization Of Compensation
Congress shall provide for standardization of compensation of
government official & employees, including those in GOCC w/ orig charters,
taking into account the nature of responsibilities pertaining to and the
qualifications required for their positions. [Sec 5 Art IX B]
DOUBLE COMPENSATION
No elective or appointive public officer or employee shall receive
additional, double, or indirect compensation unless specifically authorized by
law, nor accept w/out the consent of Congress, any present emoluments,
office or title of any kind from any foreign government. Pensions and
gratuities shall not be considered as additional, double or indirect
compensation. [Sec 8 Art 9B]
Oath Of Allegiance
All pub. Off/ ee shall take an oath or affirmation to uphold & defend the
Constitution
COMELEC
Composition
a. Chairman + 6 Commisioners:
1. Natural born Fil cit.
129
2.
3.
4.
5.
At least 35 yo
Holders of college degree
Have not been candidates in the immediately preceding election
Majority, including the Chairmen, must be mem. Of the Phil Bar who
have been engaged in the practice of law for at least 10 yrs.
6. They shall be appointed by the Pres. w/ the consent of the CoA for a
term of 7yrs w/o reappointment. No member shall be appointed or
designated in a temporary or acting capacity.
En Banc & Division Cases
It may sit en banc or in 2 divisions, & 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 & decided
in division, provided that motions for reconsideration shall be decided en
banc
Division Cases (Quasi-Judicial or adjudicatory functions)
a. All election cases including pre- proclamation contests, originally
cognizable by the Commission in the exercise of its powers under
sec. 2 (2) Art IX C of the Constitution.
b. Over petition to cancel a certificate of candidacy
c. Cases appealed from RTC or MTC
d. Petition for certiorari filed w/ the commission from a decision of the
RTC or MTC
EN BANC (Administrative)
1. Promulgation of rules concerning pleadings & practice before it but
they must not diminish, increase or modify substantive rights.
2. Petition for correction of manifest errors since it alleges an
erroneous copying of figures from the election return to the
Statement of Votes by precinct. Such error which merely requires a
clerical correction without opening the ballot boxes or examining
the ballots demands only the exercise of administrative power of
the COMELEC
3. Manifest errors in tabulation or tallying of results.
4. Prosecution of violation of election laws
5. Power to declare Failure of Elections
Only decisions of COMELEC en banc are reviewable by the SC

- File motion for Reconsideration first- Doctrine of Exhaustive
Administrative Remedies
Constitutional Powers And Functions

A. Enforce and administer all laws & regulations relative to the conduct of
an election, plebiscite, initiative, referendum or recall
130
Initiative- power of people to propose amendments to the Constitution

or to propose and enact legislation through an election.
1. Initiative on the Constitution
2. Initiative on Statutes
3. Initiative on local legislation
Referendum- power of electorate to approve or reject legislation
through an election called for the purpose
(referendum on statutes & ref. on local laws)
Recall- termination of official relationship of a local elective official for
loss of confidence prior to the expiration of his term through the will of
the electorate.
Plebiscite- submission of Constitutional amendments or impt legislative
measures to the people for ratification
B. Exclusive Original jurisdiction over all contests relating to the election,
returns & qualifications of all elective regional, provincial and city
officials. Exclusive appellate jurisdiction over all contests involving
elective barangay officials decided by the MTC, and decisions therein
shall be final, executor and unappealable.
C. Decide, save those involving the right to vote, all questions affecting
elections, including determination of the number & location of polling
places, appointment of election officials and inspectors, & registration
of voters.
D. Deputize, w/ concurrence of President, law enforcement agencies &
instrumentalities for the exclusive purpose of ensuring free, orderly,
honest, peaceful and credible elections.
E. Register, after sufficient publication, political parties, organizations, or
coalitions w/c must present their platform or program of govt;
accredited citizens arms
F. File, upon a verified complaint, or on its own initiative, petitions in
court for the inclusion or exclusion of voters; investigate, and where
appropriate, prosecute cases of violations of election laws
G. Recommend to Congress effective measures to minimize election
spending, including limitation of places where propaganda materials
shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractice, and nuisance candidates.
131
H. Submit to the President and Congress a comprehensive report on the

conduct of each election, plebiscite, ref., initiative or recall
Statutory Powers
BP 881- Exercise supervision & ctrl over officials required to perform
duties relative to the conduct of elections, promulgate rules & regulations,
punish contempt inquire into financial records of candidates, groups, etc.,
prescribe forms to be used in elections, procure supplies and materials
needed for the election, enlist non- partisan groups to assist it, fix period for
pre-election requirements, etc.
a. Power to declare failure of election; call for special elections
b. Exclusive orig juris over all pre- proclamation controversies
Party List System
A free and open party list system shall be allowed to evolve according to
the free choice of the people.
Election Period
Unless otherwise fixed by the Commission in special cases, shall
commence 90 days before the day of the election & shall end 30 days
thereafter.
Judicial Review Of Comelec Decisions
A petition for certiorari under Rule 65 of the RoC, filed w/ the SC w/in 30
days from receipt of a copy of final order, or decision of the Commission en
banc.
132
COMMISSION ON AUDIT
Composition, Appointment
Chairman & 2 Commissioners, who shall be
a. Natural born Filipino citizens
b. At least 35
c. CPAs w/ not less than 10 yrs of auditing experience OR mem of the Phil
bar w/ at least 10 yr practice of law
d. Must not have been candidates in the election immediately preceding
the appointment
e. At no time shall all mem belong to the same profession
f. Appointed by the Pres w/ CoA consent for a term of 7 yrs w/o
reappointment
Powers, Duties
a. Examine, audit, & settle all accounts pertaining to the revenue and
receipts of, & expenditures or uses of funds and property owned or
held in trust or pertaining to, the Govt
b. Keep the gen. accts of the govt and preserve vouchers and supporting
papers for such period as provided by law
c. Authority to define the scope of its audit and examination, establish
techniques and methods required therefor.
d. Promulgate accounting and auditing rules & regulations including those
for the prevention & disallowance of irregular, unnecessary, expensive,
extravagant, or unscionable expenditures or uses of government funds
or property.
Jurisdiction of the commission
No law shall be passed exempting any entity of Govt, or any investment
of public funds, from the jurisdiction of the CoA.
CoA has the authority to investigate whether directors, officials or
employees of government-owned and contro0lled corporations,
receiving additional allowances and bonuses are entitled to such
benefits under applicable laws.
133
Accountability of Public Officers

1935
1973
None
Grounds:
Culpable violation
of the constitution
Treason
Bribery
Other High crimes
Who:
President
Chief Justice
Auditor General
1987
VIRTUES
Highest Degree of
Responsibility
Integrity
Loyalty
Efficiency
IMPEACHMENT
Grounds:
Culpable violation
of the constitution
Treason
Bribery
Other High crimes
Graft and
Corruption
Who:
President
Chief Justice and
associate justices
of SC (am not
sure)
Chair and
members of ConCom
Grounds:
Culpable violation
of the constitution
Treason
Bribery
Graft and
Corruption
Other High Crimes
Betrayal of Public
trust
Who:
President
Vice President
Chief justice and
associate justices
of the SC
Chair and
members of:
- Con-Com
- Ombudsman
TANOD BAYAN
None
134
Yes
Utmost
Responsibility
Integrity
Loyalty
Efficiency
Patriotism
Justice
Modest lives
Yes
Statement of Policy
Public office is public trust. Public Officers and employees must at all
times be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act w/ patriotism and justice and lead
modest lives
Impeachment
A national inquest into the conduct of public men
Impeachable officers:
1. Pres
2. VP
3. CJ and assoc justices of SC
4. Chair & mem of:
a. ConCom
b. Ombudsman
Exclusive
Grounds for impeachment (exclusive enumeration)

1. Culpable violation of the Consti
2. Treason
3. Bribery
4. Graft & corruption
5. Other high crimes
6. Betrayal of pub. Trust
Who may initiate case of impeachment?
Only the House of Representatives/citizen upon resolution or
endorsement by any member of the HR.
What is the process of impeachment?
Inquiry of Impeachment
Direct Resolution
Resolution
Any member of the
HR or Citizen of the
Philippines upon
resolution or
endorsement by
any member of the
HR
Include
in the
FILES
A VERIFIED
order
of business
COMPLAINT
135
of HR
within 10
session days
At least 1/3 of all

members of the HR
file a VERIFIED
COMPLAINT OR
RESOLUTION
Referred to
JUDICIARY
COMMITTEE within
Judiciary
3 session
days
committee HOLDS
HEARINGS and
INVESTIGATES
CHARGES
COMMITTEE after
hearing and
MAJORITY VOTE of
all its members
SUBMITS REPORT
to HR within 60
session days with
CALENDARED for
CONSIDERATION
by HR within 10
session days
At least 1/3 of all
members of HR
AFFIRMS or
OVERRIDES Article
of Impeachment
ARTICLES OF IMPEACHMENT is SENT to the SENATE
which have the sole power to try and decide all cases of
impeachment.
Prosecutors: Fixed number of members of HR
136
Jurors: FULL SENATE

When the President of the Philippines is on trial, the Chief
Justice of the Supreme Court shall preside, but shall not vote.
SENATE VOTES in OPEN SESSION on each Articles of

Impeachment
CONVICTION upon concurrence of 2/3 vote of ALL the

MEMBERS OF THE SENATE
LIMITATION ON INITIATING OF IMPEACHMENT CASE

Not more than once w/in a period of 1 yr against the same official
TRIAL & DECISION
Senate- sole power to try & decide all cases of impeachment
When sitting for that purpose, the Senators shall be on oath or
affirmation. When Pres of the Phil is on trial, the CJ of the SC shall
preside, but shall not vote. A decision of conviction must be
concurred by at least 2/3 of all the members of the Senate
EFFECT OF CONVICTION
Removal from office & disqualification to hold any office under
Republic of the Philippines. But the party convicted shall be liable &
subject to prosecution, trial & punishment accdg to law
SANDIGANBAYAN
The present anti- graft court known as the sandiganbayan shall
continue to function and exercise its jurisdiction as now or hereafter may be
provided by law
Composition
Presiding justice + 14 Assoc Justices, w/ the rank of Justice of CA. it sits in 3
divisions of 3 mem each
Jurisdiction
137
a. Offense committed is violation of RA 3019, RA 1379, Chap 2 Sec 2 Title

7 Book 2 of RPC, EO 1, 2, 14 and 14 A issued in 1986, or other offenses
or felonies whether simple or complexed w/ other crimes
b. Offender committing abovementioned offenses is a public official or
employee holding any of the positions enumerated in par. A sec 4 RA
8249
c. Offense committed is in relation to the office
Decisions/ Review
Unanimous vote of all the 3 mem shall be required. Reviewable by SC
by certiorari
OMBUDSMAN
a. Composition
1. Ombudsman to be known as Tanodbayan
2. One overall deputy and;
3. At least 1 deputy each for Luzon, Visayas and Mindanao.
4. A separate deputy for the military establishment may likewise be
appointed
b. Qualifications:
Ombudsman and Deputies must be :
1. Natural born citizens of the RP
2. At least 40 years old
3. Of recognized probity and independence
4. Member of Philippine Bar
5. Must not have been candidates for any elective office in the
immediately preceding election
6. Ombudsman must have been a judge or engaged in the practice of law
for at least 10 yrs
c. Appointment of the Ombudsman & his deputies
By the President from a list of at least 6 nominees prepared by the JBC,
& from a list of at least 3 nominees for every vacancy thereafter. All
vacancies to be filled in 3 mos.
d. Term of Office
7 yrs w/o reappointment
e. Rank & Salary
That of Chair & mem of the ConCom. Salary- not be decreased
during their term of office
f. W/Fiscal Autonomy
138
g. Disqualifications/ Inhibitions
During tenure,
1. Shall not hold any other office or employment;
2. Shall not engage in the practice of any profession or in the active
management or ctrl of any business w/c in any way may be affected
by the functions of his office;
3. Shall not be financially interested in any contract w/ or in any
franchise or privilege granted by the government
4. Not be qualified to run for any office in the election immediately
succeeding their cessation from office
h. Powers and duties
Section 12 The Ombudsman and his Deputies, as protectors of
the people, shall act promptly on complaints filed in any form or manner
against public officials or employees of the Government, or any subdivision,
agency or instrumentality thereof, including government owned or controlled
corporation, and shall, in appropriate cases, notify the complainants of the
action taken and the result thereof.
Section 13 The office of the Ombudsman shall have the following
powers, functions and duties:
1.
Investigate on its own, or on complaint by any p erson, any act or
omission of any public official, employee, office or agency, when such action
or omission appears to be illegal, unjust, improper, or inefficient.
2.
Direct, upon complaint or at its own instance, any public official or
employee of the government, or any subdivisions agency or instrumentality
thereof, as well as of any government owned or controlled corporation with
original charter, to perform and expedite any act or duty required by law, or
to stop, prevent, and correct any abuse or impropriety in the performance of
duties.
3.
Direct the officer concerned to take appropriate action against a public
official or employee at fault, and recommend his removal, suspension,
demotion, fine censure, or prosecution, and ensure compliance therewith.
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 or properties, and report
any irregularity to the Commission on Audit 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.
6.
Publicize matters covered by its investigation when circumstances so
warrant and with due prudence.
139
7.
Determine the causes of inefficiency, red tape, mismanagement, fraud
and corruption in the Government and make recommendations for their
elimination and the observance of high standards of ethics and efficiency.
8.
Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.
Ill-Gotten Wealth
The Right of the state to recover properties unlawfully acquired by
Public officials or employees, from them or from their nominees or
transferees, shall not be barred by prescription, laches or estoppel.
Applies only to civil actions for recovery and not to criminal cases
Restriction on Loans
No loan, quaranty or other form of financial accommodation for any
business purpose may be granted directly or indirectly by any governmentowned or controlled bank or financial institution to the P, VP, members of the
Cabinet, Congress, SC and Con-Com, Ombudsman or to any firm or entity in
which they have controlling interest during their tenure
Statement of assets, liabilities and net worth

A public officer or employee shall upon assumption of office and as
often as thereafter as may be required by law, submit a declaration of oath
of his assets, liabilities and net worth.
In the case of P, VP, Cabinet, Con-Com, SC Congress, and other
constitutional offices and officers of AFP of general or flag rank, the
declaration shall be disclosed to the public in the manner provided by law.
Allegiance to the State and to the Constitution
Public officers and employees owe the State and this Constitution
allegiance at all times, and any public officer or employee who seeks to
change citizenship or acquire the status of an immigrant of another country
during his tenure shall be dealt with by law.
140
National Economy and Patrimony

Goals
1. More equitable distribution of opportunities, income and wealth
2. Sustained increase in amount of goods and services produced by the
nation for the benefit of the people
3. Expanding production as the key to raising the quality of life for all,
especially the under privileged.
Full industrialization
Natural resources
1. Regalian Doctrine The universal feudal theory that all lands were
held from the crown. Ownership is vested in the State as such rather
than in the head thereof.
a. Sec. 2 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 or fauna, and other natural resources are
owned by the state. With the exception of agricultural lands, all other
natural resources shall not be alienated.
2. Imperium and Dominium
Imperium
Government authority possessed by
the State which is appropriately
embraced in sovereignty
Dominium
Capacity to own or acquire property.
With reference to lands held by the
state in its proprietary character.
May provide for the exploitation and
use of lands and other natural
resources including their disposition,
except as limited by the constitution.
3. Citizenship requirements
Nature
Citizenship
1. Co-production, joint
Filipino Citizens or
venture or production
Corporations or
sharing agreements for
Associations at least 60%
exploration, development of whose capital is
and utilization of natural
Filipino owned.
141
Other Requirements
Agreements shall not
exceed a period of 25
years, renewable for
another 25 years
resources
2. Use and enjoyment of
the nations marine
wealth in its archipelagic
waters, territorial sea and
EEZ
Alienable lands of the
public domain
(agricultural lands)
Certain Areas of
investment (determined
by the Congress)
Franchise, certificate or
authorization for the
operation of public utility
Exclusively for Filipino

Citizens
Filipino Citizens, Private

Corporations
Filipino citizens or
corporations 60% of
whose capital is Filipino
owned
Filipino Citizens or
corporations at least 60%
of whose capital is
Filipino-owned
FC: not more than 12

hectares by
purchase, homestead
or grant or lease not
more than 500
hectares.
PC: lease not more
than 1,000 hectares
for 25 years,
renewable for
another 25 years.
Congress may
prescribe a higher
percentage of Filipino
ownership
Franchise shall not be
exclusive for a period
more than 50 years
and shall hbe subject
to amendment,
alteration or repeal
by Congress.
4. Classification of lands of the Public Domain.

a. Agricultural
b. Forest
c. Timber
d. Mineral
e. National Parks
Classification is a function of the executive branch of government,
specifically the Director of Land Management Bureau. The decision,
when approved by the Secretary of DENR as to questions of fact is
conclusive upon the courts.
Congress shall determine the specific limits of forest lands and national
parks, marking clearly their boundaries on the ground.
1935
- Agricultural
142
1973
- Agricultural
1987
- Agricultural
- Timber
- Mineral
- Timber
- Mineral
- Industrial/ Commercial
- Residential
Resettlement
Grazing Lands
Forest
Timber
Mineral
National Parks
5. Stewardship Concept The use of property bears a social function, and

all economic agents shall contribute to the common good. Individuals
and private groups, shall have the right ot own, establish and operate
economic enterprises subject to the duty of the State to promote
distributive justice and to intervene when the common good so
demands.
Private Lands
Rule: No private lands shall be transferred or conveyed except to
individuals, corporations or associations qualified to acquire or hold lands of
the public domain.
Reason for the rule: Conservation of the national economy and
patrimony
Any sale in violation of such provision is null and void
Two exceptions
1. Hereditary Succession Does not apply to testamentary succession
2. Natural Born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands, subject to
limitations provided by law.
RA8179. Former natural born Filipino Citizens may acquire 5,000 sq.
m. For urban land and 3 hectares for rural land. Such land may now be
used for business and for other purposes
- The previous law was BP 185 which granted:
1000 sq. m for urban and 1 hectare for Rural which can be used for
residential purposes only
Remedies to recover private land from disqualified alien
1. Escheat proceedings
2. Action for reversion
3. Action for recovery filed by the former Filipino owner, the pari delicto
doctrine having been abandoned, unless the land is sold to an
American citizen prior to July 3, 1974 and the amreican citizen
obtained title thereto.
Preference for Filipino Labor
The state shall promote the preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt measures that help make
them competitive.
143
Practice of Profession
The practice of all professions in the Philippines shall be limited to
Filipino Citizens, save in cases prescribed by law.
Cooperatives
The congress shall create an agency to promote the viability and
growth of cooperatives as instruments for social justice and economic
development.
Monopolies
Policy: 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.
Monopoly- privilege or peculiar advantage vested in one or more
persons or companies, consisting in the exclusive right to carry on a
particular business or trade, manufacture a particular article, or control the
sale of a particular commodity.
Not per se prohibited by only regulated with a higher level of State
regulation.
Central Monetary Authority
CENTRAL BANK OF THE PHILIPPINES
The congress shall establish an independent central monetary
authority, the members of whose governing board must be:
1. Natural-born Filipino citizens;
2. Known probity, integrity and patriotism;
3. Majority of whom shall come from the private sector.
Authority/Power:
1. Provide direction in the areas of money, banking and credit
2. Supervision over the operations of banks and exercise such
regulatory powers
144
Education, Science And

Technology, Arts, Culture And
Sports
What is education: Not merely knowledge but development of:

-
Critical
Artistic
Moral Sensitivity to the needs of others
State Policy
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.
1. The State shall protect and promote the right of all citizens to
quality education at all levels and shall take appropriate steps to
make such education accessible to all.
145
Includes: NMAT examinations, licensure examinations and other

regulations. Also, Government authorization for school operation.
2. Constitutional mandate for the State to esteablish adequate and

relevant education, free public elementary and high school
education, scholarship grants and loan programs, out-of-school
study programs, and adult education.
3. Constitutional objectives of Education:
a. Inculcate patriotism and nationalism
b. Foster love for humanity
c. Respect for human rights
d. Appreciation of the role of national heroes in the historical
development of the country
e. Teach the rights and duties of Citizenshio
f. Strengthen ethical and spiritual values
g. Develop moral character and personal discipline
h. Encourage critical and creative thinking
i. Broaden scientific and technological knowledge
j. Promote Vocational Efficiency
4. Optional Religious instruction
a. Expressed in writing by parent or guardian
b. Public elementary and high Schools
c. Within regular class hours
d. Instructors designated or approved by religious authorities
e. Without additional cost to the government
5. Educational Institutions
Ownership
Solely by Filipino
Citizens or
corporations 60%
Filipino owned.
Except those
established by
religious groups
or mission
boards, but
Congress may
increase required
Filipino equity
participation
146
Control and
Administration
Citizens of the
Philippines.
Alien Schools
Tax Exemptions
None shall be
established
exclusively for
aliens, and no
group of aliens
shall comprise
more than 1/3 of
the enrolment in
any school.
Except schools
for foreign
diplomatic
personnel and
All revenue and

asses of
- Non stock
- Non-profit
As well as grants,
endowments,
donations and
contributions.
Used ADE for
educational
purposes
their dependents
and for other
foreign
temporary
residents
6. Highest budgetary priority to education Merely directory.
Academic Freedom
Enjoyed in all institutions of higher learning.
2 views:
Educational Institution
Freedom of the university to
determine:
- Who may teach
- What to teach
- How to teach
- Who may be admitted
Members of Academe
Freedom of the teacher to investigate
and discuss the problems of his
science and to express his
conclusions whether through
publication or in the instruction of
students without interference from
political or ecclesiastical authority or
from admin. Officials of the institution
in which he is employed unless
methods are found by qualified
bodies to be completely incompetent
or contrary to professional ethics.
Limitation
a. Police Power
b. Social interests of the community
147
The school may not be forced to reopen at the instance of the striking
students. (Capitol Medical Center vs. cA
UP Baguio was setup as tertiary institution and the High School was set
up only as an incident to its tertiary functions. (UP vs. Judge Ayson)
Termination of contract can no longer be used as a valid ground to
deny readmission or re-enrolment to students who had led or
participated in student mass actions against the school. (Non vs.

Dames)
Minimum standards of procedural due process in schools:
a. Students informed in writing of the nature and cause of the
accusation against them;
b. Right to answer the charges with the assistance of counsel if
desired;
c. Informed of the evidence;
d. Right to adduce evidence in their own behalf;
e. Evidence duly considered by investigating committee or official
designated by the school authorities. (Ateneo vs. Capulong)
PRC cannot interfere with the conduct of review that review schools
and centers believe would best enable their enrolees to meet the
standards required before becoming full-fledged public accountants.
(Lupangco vs. CA)
While DECS regulations prescribe a maximum of three years probation
period for teachers, the termination of the three-year period does not
result in the automatic permanent status for the teacher. It must be
conditioned on a showing that the teachers services during the
probationary period was satisfactory in accordance with the employers
standards. (Cagayan Capitol College vs. NLRC)
Language
1. Filipino
2. For purposes of communication and instruction: Filipino and English
(unless otherwise provided by law).
3. Regional languages: auxiliary official languages in the regions and
shall serve as ancillary media of instruction
4. Spanish and Arabic: voluntary and optional
5. Constitution shall be promulgated in Filipino and English and shall
be translated into major regional languages.
Science and Technology
Section 10. Science and technology are essential for national
development and progress. The State shall give priority to research and
development, invention, innovation, and their utilization; and to support
indigenous, appropriate and self-reliant scientific and technological
capabilities, and their application to the countrys productive systems and
national life.
148
Section 11. The Congress may provide for incentives, including

tax deductions, to encourage private participation in programs of basic and
applied scientific research. Scholarships, grants-in-aid or other forms of
incentives shall be provided to deserving science students, researchers,
scientists, inventors, technologists, and specially gifted citizens.
Section 12. The State shall regulate the transfer and promote the
adaptation of technology from all sources for the national bebefit. It shall
encourage the widest participation of private groups, local governments, and
community based organizations in the generation and utilization of science
and technology.
Section 13. The State shall protect and secure the exclusive
rights of scientists, inventors, artists, and other gifted citizens to their
intellectual property and creations, particularly when beneficial to the
people, for such period as may be provided by law.
Arts and Culture

Section 14] The State shall foster the preservation, enrichment,
and dynamic evolution of a Filipino national culture based on the principle of
unity in diversity in a climate for free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of the
State. The State shall conserve, promote and popularize the nations
historical and cultural heritage and resources, as well as artistic creations.
Section 16. All countrys artistic and historic wealth constitutes
the cultural treasure of the nation and shall be under the protection of the
State, which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the
rights of indigenous cultural communities to preserve and develop their
cultures, traditions, and institutions. It shall consider these rights in the
formulation of national plans and policies.
Section 18. The State shall ensure equal access to cultural
opportunities through the educational system, public or private cultural
entities, scholarships, grants and other incentives, and community cultural
centers, and other public venues.
149
Sports
Section 19. The State shall promote physical education and
encourage sports programs, leagues, competitions, to foster self-discipline,
teamwork, and excellence for the development of a healthy and alert
citizenry.
All educational institutions shall undertake regular sports
activities throughout the country in cooperation with athletic clubs and other
sectors.
The Family
Section 1. The State recognizes the Filipino family a the
foundation of the nation. Accordingly, it shall strengthen its solidarity and
actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
Section 3. The State shall defend:
1. The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood;
150
2. The right of children to assistance, including proper care and

nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their
development;
3. The right of the family to a family living wage and income; and
4. The right of families or family association to participate in the

planning and implementation of policies and programs that affect
them.
Section 4. The family has the duty to care for its elderly
members but the State may also do so through just programs of social
security.
General Provisions
Flag
Red white and Blue, with a sun and three stars as consecrated and
honoured by the people and recognized by law.
Name
Congress may, by law, adopt a new name for the country, a national
anthem or a national seal which shall be truly reflective and symbolic of the
ideals history and traditions of the people.
151
Such law shall take effect only upon its ratification by the people in a
national referendum.
AFP
The AFP shall be composed of a citizen armed force which shall
undergo military training and serve as may be provided by law.
1. Oath or affirmation to uphold and defend Constitution
2. Professionalism and adequate remuneration shall be a prime
concern of the State.
3. Shall not at any time be appointed or designated in any capacity to
any civilian position in the government including GOCC
4. Laws on retirement shall not allow extension of their services
5. Officers and men of the regular force of the armed forces shall be
recruited proportionately from all provinces and cities as far as
practicable.
National Police Force
One Police Force which shall be national in scope and civilian in
character.
Administered and controlled by National Police Commission..
Authority of local executives over the police units in their jurisdiction
shall be provided by law.
Mass Media and Advertising Industry

1. Mass media Ownership limited to citizens of the Philippines. Or
corporations wholly-owned and managed by citizens. Congress shall
regulate or prohibit monopolies.
2. Advertising Industry Filipino citizens or corporations or
associations at least 70% Filipino-owned shall be allowed to engage
in the advertising industry. All executives and managing officers of
such entities must be citizens of the Philippines.
152
Transitory Provisions
Elections
First elections of Congress: Second Monday of May 1987
First Local Elections: Determined by President
Synchronization: Members of Congress and Local Officials first elected

shall serve until noon June 30, 1982. The six year term of incumbent
153
President and VP in the Feb. 7, 1986 elections is extended until noon of June
30, 1992.
Existing Laws and Treaties
1. If not inconsistent with the Constitution, shall remain operative until
amended, repealed or revoked.
2. All treaties or international agreements which have not been ratified
shall not be renewed or extended without the concurrence of at least
2/3 of all the members of the Senate.
Reserved Executive Powers
President may fill by appointment from a list of nominees by the
repective sectors, the seats reserved for sectoral representatives.
President may constitute the Metropolitan authority to be composed of
the heads of all local government units comprising the Metropolitan Manila
Area.
Career Civil Service

1. Those separated from service not for cause but as a result of the
reorganization pursuant to Proclamation No. 3 dated March 25, 1986
and the reorganization following the ratification of the Constitution
shall be entitled to appropriate separation pay and to retirement
and other benefits.
Sequestration
1. Sequestration or freeze orders relative to the recovery of ill-gotten
wealth shall remain operative for not more than 18 months after the
ratification of this Constitution. Congress may extend such period.
- Issued upon showing of prima facie case.
- Filed within 6 months from ratification or if issued after ratification,
within 6 months from such issue
- Order deemed automatically lifter if no judicial action or proceeding
is commenced as provided herein.
154
Failure of PCGG to commence the proper judicial action or to

implead respondents therein within the period prescribed by the
Constitution, the sequestration orders issued were deemed
automatically lifter. But the lifting of sequestration orders does

not ipso facto mean that sequestered property are not ill-gotten.
The effect of the lifting will merely ne the termination of the role
of government as conservator of the property. (PCGG vs.
Sandiganbayan).
PCGG cannot perform acts of strict ownership of sequestered
property. It is a mere conservator. It may not vote the shares in a
corporation and elect the members of the BOD. The only
conceivable exception is in a case of take-over of a business
belonging to the government or whose capitalization comes from
public funds but which landed in private hands. (Cojuangco vs.
Roxas)
Two tiered test:
a. Whether there is a prima facie evidence showing that the said
shares are ill-gotten and thus belong to the state
b. Immediate danger of dissipation thus necessitating their
continued sequestration (PCGG vs. Cojuangco)
Exceptions to two-tiered test:
a. Government shares are taken over by private persons or
entities which registered them in their own names.
b. Capitalization or shares that were acquired by public funds
somehow landed in private hands (Republic vs.
Sandiganbayan)
2. In the absence of express prohibition, the rule on amicable

settlements or compromise agreements in the Civil Code is
applicable to PCGG cases pending before Sandiganbayan.
3. PCGG may investigate and file corresponding information provided:
a. It must relate to ill-gotten wealth
b. Of the late President Marcos, immediate family, relatives,
subordinates and close associates
c. Who took advantage of their public office or power. (Romualdez
vs. Sandiganbayan)
An invalid P.I. does not impair validity of criminal information. It
merely suspends.
4. While Philippine Casino Operators Corporation was sequestered, the
fact of sequestration alone did not automatically oust RTC of its
jurisdiction to decide the question of ownership to be recovered by
PAGCOR. In order to invoke Sandiganbayan, the PCGG must be a
155
party to the suit. The instant case involves only PAGCOR, PCOC and
Marcelo. (PAGCOR vs. CA)
5. The office of the Sol-Gen may validly call the PCGG for assistance
and ask it to respond to a motion for a bill of particulars, considering
that PCGG has the complete records of the case and in being charge
of the investigation, is more knowledgeable and better informed of
the facts of the case. (Virata vs. Sandiganbayan)
156

Part 1 Nachura - Constitutional Law

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Part 1 Nachura - Constitutional Law

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Constitutional Law

In case of Doubt, Provisions should be considered self-executing,

Self Executing Provisions A provision which is complete in itself and

legislation, or that which supplies a sufficient rule by means of which

Non-self executing - Provision which lays down a general principle is

The provisions of the constitution are presumed to be SELF-EXECUTING

Amendment vs. Revision

Specific Provision (Piecemeal)

Tests to determine amendment or revision (Lambino vs. COMELEC)

Sandoval: Not a Self-executing provision- Requires an Implementing

2 Ratification. (Art. XVII, Sec. 4). Proposed amendment shall become

Power of Judicial Review

c Constitutional issues raised require formulation of principles to

2 Question must be raised by a proper party One who has

to human dignity, reduce social, economic, and political inequalities, and

UN Convention on the Law of the Sea (April 30, 1982):

but coastal state enjoys preferential right over marine

Government The agency or instrumentality through which the will of

2. Established by the inhabitants of a territory who rise in insurrection

Effects of Change in sovereignty Political laws are abrogated.

b. Relations with other states or territories when it establishes a

State immunity from suit

Even if the constitution provide no such provision, the state

Suits against the Government

Need for Consent Consent may be either express or implied.

1. When the State commences litigation, it becomes vulnerable to

USA vs. Ruiz - Not every contract is deemed to be a waiver.

Scope of Consent - Consent to be sued does not include consent to

Such execution will require another waiver since the

Suitability vs. Liability Liability will have to be determined by the Court

Execution will require another waiver because the power of

Fundamental Powers of the State

Inherent in the State, even without need of express grant

Both liberty and

Limitation Bill of rights. Courts may annul improvident exercise of

Cannot be bargained away through treaty or contract (Stone vs.

Like all rights and freedoms guaranteed by the Charter, their

Who exercises Police Power?

Inherently vested in the legislature.

Limitations (Test for Valid exercise)

Express Grant by Law

Requisites for a valid ordinance

not contravene the Constitution or any statute

(Tatel vs. Municipality of Virac)

POWER OF EMINENT DOMAIN

opportunities to such citizens. In the implementation of such

An ejectment suit should not ordinarily prevail over the States

Who Exercises power of Eminent Domain?

Congress, may be delegated to:

CONSTRUCTION will be made against the agency exercising the

Munic. Of Meycauayan Bulacan vs. IAC: When power is exercised by

Republic vs. La Orden: When exercised by a delegate, the

City of Manila vs. Chinese Community: Private property already

RP vs. PLDT: All private property capable of ownership may

Requisites for valid taking (Republic vs. Castelvi):

Expropriator enters property;

Public use includes broader notion of indirect public benefit

Condemnation of private lands in a piecemeal fashion, or

Judicial Prerogative ascertainment of what constitutes just

Reckoning point of market value either as of the date of the taking or

When does title pass? After payment

Cannot recover land but only demand payment

Writ of Possession issuance is ministerial upon:

1. Filing of a complaint for expropriation sufficient in form and