Copyright 2008 REVIEWER

CONSTITUTIONAL LAW ................................................................................................................................2

ARTICLE I – THE NATIONAL TERRITORY...................................................................................................2
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES.......................................................2
ARTICLE III – BILL OF RIGHTS ......................................................................................................................4
ARTICLE IV – CITIZENSHIP..........................................................................................................................23
ARTICLE V – SUFFRAGE ..................................................................................................................................24
ARTICLE VI – THE LEGISLATIVE DEPARTMENT..................................................................................25
ARTICLE VII. THE EXECUTIVE DEPARTMENT......................................................................................35
ARTICLE VIII. THE JUDICIAL DEPARTMENT.........................................................................................43
ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS .......................................................................46
THE CIVIL SERVICE COMMISSION..................................................................................47
THE COMMISSION ON ELECTIONS......................................................................................50
THE COMMISSION ON AUDIT…………….. .....................................................................53
ARTICLE X: LOCAL GOVERNMENT...........................................................................................................54
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS.....................................................................57
ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY .......................................................................61
ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS...........................................................................65
ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS ....67
ARTICLE XVI - GENERAL PROVISIONS..........................................................................................................68
ARTICLE XVII- AMENDMENTS OR REVISIONS................................................................................................69
ARTICLE XVIII - TRANSITORY PROVISIONS................................................................................................71

PUBLIC INTERNATIONAL LAW.........................................................................................................................72

THE NATURE OF INTERNATIONAL LAW..........................................................................................72
SOURCES OF INTERNATIONAL LAW......................................................................................................72
TREATIES .....................................................................................................................................................73
INTERNATIONAL LAW AND MUNICIPAL LAW...................................................................................74
SUBJECTS OF INTERNATIONAL LAW....................................................................................................74
STATE RESPONSIBILITY...........................................................................................................................76
SETTLEMENT OF DISPUTES ....................................................................................................................77
SPECIAL TOPICS .........................................................................................................................................77
LAW ON HUMAN RIGHTS..........................................................................................................................81

ADMINISTRATIVE LAW ............................................................................................................................84

LAW ON PUBLIC CORPORATION............................................................................................................89

LAW ON PUBLIC OFFICERS......................................................................................................................98

ELECTION LAW...........................................................................................................................................100
 The 1987 Constitution of the on the other, extending up to 12 nautical miles from the low
Republic of the Philippines water mark.

PREAMBLE
CONTIGUOUS ZONE
WE, THE SOVEREIGN FILIPINO PEOPLE, Extends up to 12 nautical miles from the territorial sea.
IMPLORING THE AID OF ALMIGHTY GOD, IN Although not part of the territory, the coastal State may
ORDER TO BUILD A JUST AND HUMANE SOCIETY exercise jurisdiction to prevent infringement of customs,
AND ESTABLISH A GOVERNMENT THAT SHALL fiscal, immigration or sanitary laws.
EMBODY OUR IDEALS AND ASPIRATIONS,
PROMOTE THE COMMON GOOD, CONSERVE AND EXCLUSIVE ECONOMIC ZONE
DEVELOP OUR PATRIMONY, AND SECURE TO Body of water extending up to 200 nautical miles, within
OURSELVES AND OUR POSTERITY THE BLESSINGS which the state may exercise sovereign rights to explore,
OF INDEPENDENCE AND DEMOCRACY UNDER THE exploit, conserve and manage the natural resources.
RULE OF LAW AND A REGIME OF TRUTH, The state in the EEZ exercises jurisdiction with regard to:
JUSTICE, FREEDOM, LOVE, EQUALITY, AND 1. the establishment and use of artificial islands, installations,
PEACE, DO ORDAIN AND PROMULGATE THIS and structures;
CONSTITUTION. 2. marine scientific research;
3. the protection and preservation of marine environment;
Article I – THE NATIONAL TERRITORY
Article II – DECLARATION OF PRINCIPLES AND
The national territory of the Philippines comprises: STATE POLICIES
1) the Philippine archipelago; Selected principles
2) all other territories over which the Philippines has Sec. 1. The Philippines is a democratic and republican state.
sovereignty or jurisdiction Sovereignty resides in the people and all government authority
emanates from them.
PHILIPPINE ARCHIPELAGO – that body of water
studded with islands which is delineated in the Treatyof Paris Elements of a State (for municipal law purposes)
(1898), as amended by the Treaty of Washington (1900) and 1) People – A group of persons sufficiently numerous held
the Treaty with Great Britain (1930). together by a common bond
2) Territory – A definite area over which the State exercises
– consists of its sovereign jurisdiction
a) Terrestrial 3) Sovereignty – Power of the State to regulate matters within
b) Fluvial its own territory.
c) Aerial domains 4) Government – Institution organized and run in order to
manage the affairs of the State.
– including its
a) Territorial sea Classification of governments
b) The seabed 1) De jure – Government which is placed in power following
c) The subsoil legal / constitutional processes.
d) The insular shelves; and 2) De facto – a government that actually exercises power or
e) The other submarine areas control but without legal title.
INTERNAL WATERS – the waters Around, Between and Classification of de facto governments
Connecting the islands of the archipelago, regardless of their 1) De facto proper
breadth and dimensions a. That government that gets possession and control of
b. or usurps by force or by the voice of majority
ALL OTHER TERRITORIES OVER WHICH THE c. the rightful legal government
PHILIPPINES HAS SOVEREIGNTY OR d. and maintains itself against the will of the latter.
JURISDICTION –includes any territory that presently 2) Government of paramount force
belongs or might in the future belong to the Philippines a. That which is established and maintained by military
through any of the accepted international modes of acquiring forces
territory. b. who invade and occupy a territory of the enemy
c. in the course of war.
ARCHIPELAGIC PRINCIPLE d. That established as an independent government by the
Two elements: inhabitants of a country who rise in insurrection against
1. The definition of internal waters (supra); the parent state.
2. The straight baseline method of delineating the territorial
sea – consists of drawing straight lines connecting the “REPUBLICAN STATE”
outermost points on the coast without departing to any It is one wherein all government authority emanates from the
appreciable extent from the general direction of the coast. people and is exercised by representatives chosen by the
Important distances w people.
Important distances with respect to the
waters around the Philippines “DEMOCRATIC STATE”
Territorial Sea 12 nautical miles This merely emphasizes that the Philippines has some aspects
(n.m.) of direct democracy such as initiative and referendum.
Contiguous Zone 12 n.m. from the
edge of the territorial Sec. 2. The Philippines renounces war as an instrument of
sea national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to
Exclusive 200 n.m.from the
the policy of peace, equality, justice, freedom, cooperation,
Economic Zone baseline [includes and amity with all nations.
T.S. and C.Z.]
hilippines • The Philippines renounces AGGRESSIVE war as an
NOTE: There can be a Continental Shelf without an EEZ, but instrument of national policy, but allows for a defensive war.
not an EEZ without a Continental Shelf.
Examples of Generally Accepted Principles of
TERRITORIAL SEA International Law" cited in Philippine Jurisprudence:
The belt of the sea located between the coast and internal 1) The right of an alien to be released on bail while awaiting
waters of the coastal state on the one hand, and the high seas deportation when his failure to leave the country is due to
 the fact that no country will accept him (Mejoff v. Director
of Prisons, 90 Phil. 70)
2) The right of a country to establish military commissions to
try war criminals (Kuroda v. Jalondoni, 83 Phil. 171)
3) The Vienna Convention on Road Signs and Signals and
Pacta Sunt Servanda (Agustin v. Edu, 88 SCRA 195)
4) Duty to protect the premises of embassies and legations
(Reyes v. Bagatsing, G.R. 65366)
Pimentel, Jr. v Office of the Executive Secretary
(462 SCRA 622) (July 6, 2005)
Ratio:
1) Signing of the Treaty shows the assent of the State to the
treaty which it seeks to enter and has the corresponding
duty on the State to refrain from actions which may defeat
the purpose of the treaty.
2) A State party is not bound to ratify a treaty which it signs,
however it goes without saying that the refusal must be
based on substantial grounds and not on superficial or
whimsical reasons.
3) The President has the discretion even after the signing of
the treaty by the Philippine representative whether or not
to ratify the same.
4) It is within the authority of the President to refuse to submit
a treaty to the Senate or, having secured its consent for its
ratification, refuse to ratify it.
Southern Cross Cement Corporation v. Cement
Manufacturers Association of the Philippines
(465SCRA 532) (August 3, 2005)
Ratio:
Our treaty obligations dissuade the State for now from
implementing default protectionist trade measures such as
tariffs, and allow the same only under specified conditions. To
insulate factual determination from political pressure, and to
assure that it be conducted by an entity especially qualified
by reasons of its general functions to undertake such
investigation, Congress deemed it necessary to delegate to the
Tariff Commission the function of ascertaining whether or not
those factual conditions exist to warrant the atypical
imposition of safeguard measures
Sec. 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national
territory.
Civilian authority/Supremacy clause (1 sentence)
st
The Constitution provides that the head of the armed forces is
a civilian president and the primary purpose of AFP is to serve
and protect the people.
Mark of sovereignty (2nd and 3rd sentences)
Positively, the military is the guardian of the people and of the
integrity of the national territory and therefore ultimately of
the majesty of the law.
Negatively, it is an expression against military abuses.
Sec. 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
personal, military, or civil service.
Sec. 5. The maintenance of peace and order, the protection of
life, liberty and property, and the promotion of the general
welfare are essential for the enjoyment by all the people of the
blessings of democracy.
Sec. 6. The separation of Church and State shall be inviolable.
Selected state policies
Sec. 7. The State shall pursue an independent foreign policy.
In its relations with other states, the paramount consideration
shall be national sovereignty, territorial integrity, national
interest, and the right to self-determination.
Paramount considerations in its relations with other states:
1) National sovereignty
2) Territorial integrity
3) National interest
4) Right to self-determination
Sec. 8. The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear weapons
in its territory.
Policy of freedom from nuclear weapons
1. The policy PROHIBITS:
a) The possession, control and manufacture of nuclear
weapons
b) Nuclear arms tests.
2. The policy does NOT prohibit the peaceful use of nuclear
energy.
Sec. 12. The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother
and the life of the unborn from conception x x x
Principle that the family is not a creature of the state.
Protection for the unborn
It is not an assertion that the unborn is a legal person.
It is not an assertion that the life of the unborn is placed
exactly on the level of the life of the mother.
Hence, when it is necessary to save the life of the mother, the
life of the unborn may be sacrificed.
Under this provision, the Roe v. Wade doctrine allowing
abortion up to the 6th month of pregnancy cannot be adopted in
the Philippines because the life of the unborn is protected from
the time of conception.
Sec. 16. 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.
Oposa v. Factoran, 224 SCRA 792
The right to a balanced and healthful ecology is not less
important than any of the civil and political rights enumerated
in the Bill of Rights.
The right to a balanced and healthful ecology carries with it an
intergenerational responsibility to care for and protect the
environment.
Sec. 26. The State shall guarantee equal access to
opportunities for public service, and prohibit political
dynasties as may be defined by law.
Sec. 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against
graft and corruption.
Sec. 28. 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.
Article III – BILL OF RIGHTS
Sec. 1. No person shall be deprived of life, liberty or property
without due process of law, nor shall any person be denied the
equal protection of the laws.
“POLICE POWER”
Power vested in the legislature by the Constitution to make,
ordain, and establish all manner of wholesome and reasonable
laws, statutes, and ordinances either with penalties or without
not repugnant to the constitution as they shall judge to be for
the good and welfare of the commonwealth and of the subjects
of the same.
Aspects of “Due Process”:
Procedural due process
– refers to the mode of procedure, which government agencies
must follow in the enforcement, and application of laws.
- A law which hears before it condemns, proceeds upon
inquiry and renders judgment only after trial.
- Due process of law contemplates notice and opportunity to
be heard before judgment is rendered affecting one’s person
or property (Lopez v. Dir. ofLands)
- Due process depends on circumstances; it varies with the
subject matter and the necessities of the situation.
Requisites of PROCEDURAL due process:
For JUDICIAL proceedings: CODE: I J H J
a. An impartial court or tribunal clothed with judicial power to
hear and determine the matter before it.
b. Jurisdiction must be lawfully acquired over the person of
the defendant or over the property, which is the subject of
the proceedings.
c. The defendant must be given notice and an opportunity to
be heard. (notice and hearing)
d. Judgment must be rendered upon a lawful hearing.
For ADMINISTRATIVE proceedings:
CODE:H E D S H I P
a. The right to a hearing, which includes the right to present
one’s case and submit evidence in support thereof.
b. The tribunal must consider the evidence presented.
c. The decision must have something to support itself.
d. Evidence supporting the conclusion must be substantial.
e. The decision must be based on the evidence presented at the
hearing or at least contained in the record and disclosed to
the parties affected.
f. The tribunal or body or any of its judges must act on its or
his own independent consideration of the law and facts of
the controversy, and not simply accept the views of a
subordinate in arriving at a decision.
g. The board or body should, in all controversial questions,
render its decision in such a manner that the parties to the
proceeding can know the various issues involved and the
reasons for the decision rendered.
NOTE:
What is required is not actual hearing, but a real opportunity to
be heard.
The requirement of due process can be satisfied by subsequent
due hearing.
Violation of due process: when same person reviews his own
decision on appeal.
Notice and hearing are required in judicial and quasi-judicial
proceedings, but not in the promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings:
CODE: W A In A D P
a. The student must be informed in writing of the nature and
cause of any accusation against them.
b. The student shall have the right to answer the charges
against him, with the assistance of counsel if desired.
c. The student has the right to be informed of the evidence
against him.
d. The student has the right to adduce evidence in his own
behalf.
e. The evidence must be duly considered by the investigating
committee or official designated by the school authorities to
hear and decide the case.
f. The penalty imposed must be proportionate to the offense.
NOTE:
The school has a contractual obligation to afford its students a
fair opportunity to complete the course a student has enrolled
for.
Exceptions:
a. Serious breach of discipline; or
b. Failure to maintain the required academic standard.
Proceedings in student disciplinary cases may be summary;
cross-examination is not essential
Instances when hearings are NOT necessary:
a. When administrative agencies are exercising their quasi-
legislative functions.
b. Abatement of nuisance per se.
c. Granting by courts of provisional remedies.
d. Cases of preventive suspension.
e. Removal of temporary employees in the government
service.
f. Issuance of warrants of distraint and/or levy by the BIR
Commissioner.
g. Cancellation of the passport of a person charged with a
crime.
h. Issuance of sequestration orders (considered a provisional
remedy).
i. Judicial order which prevents an accused from traveling
abroad in order to maintain the effectivity of the court’s
jurisdiction.
j. Suspension of a bank’s operations by the Monetary Board
upon a prima facie finding of liquidity problems in such
bank.
NOTE:
The right to counsel is a very basic requirement of substantive
due process and has to be observed even in administrative and
quasi-judicial bodies.
The right to appeal is a statutory privilege that may be
exercised only in the manner in accordance with law, except
for the minimum appellate jurisdiction of the Supreme Court
provided in Article VIII Section 5 of the Constitution, which
may not be increased or reduced by law.
Substantive due process – prohibition against arbitrary laws.
Requisites of SUBSTANTIVE due process: CODE: I M
a. The INTERESTS of the public generally, as distinguished
from those of a particular class, requires the interference by
the government and
b. The MEANS employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive
upon individuals.
Requisites of a valid ordinance:
CODE: Must NOT CUPPU, Must be GC
a. Must not contravene the Constitution or any statute
b. Must not be unfair or oppressive
c. Must not be partial or discriminatory
d. Must not prohibit, but may regulate trade
e. Must not be unreasonable
f. Must be general and consistent with public policy
VOID FOR VAGUENESS DOCTRINE
When is a law VAGUE?
When it lacks COMPREHENSIBLE STANDARDS
That men of common intelligence must necessarily
GUESS as to its meaning and differ as to its application.
Why is a VAGUE law unconstitutional?
1) It VIOLATES DUE PROCESS for failure to accord
persons fair notice of the conduct to avoid; and
2) It leaves law enforcers UNBRIDLED DISCRETION in
carrying out its provisions.
OVERBREADTH DOCTRINE: A government purpose may
not be achieved by means, which sweep unnecessarily broadly
and thereby invade the area of protected freedoms.
NOTE:
1. Vagueness and overbreadth are distinct from each other; a
vague law must lack clarity and precision, while an
overbroad law need not.
2. Vagueness may be applied to cases involving speech and
also criminal cases (although see contrary ruling that
 vagueness does not apply to criminal cases, as held in
Estrada v. Sandiganbayan, G.R. No. 148560)
3. Overbreadth as an analytical tool is applicable only to cases
involving speech.
EQUAL PROTECTION OF THE LAW
The equality that it guarantees is legal equality or the equality
of all persons before the law. It does not demand absolute
equality. It merely requires that all persons shall be treated
alike, under like circumstances and conditions both as to
privileges conferred and liabilities enforced.
Requisites for valid classification for purposes of the
equal protection clause
The classification must: CODE: SGEE
a. Rest on SUBSTANTIAL DISTINCTIONS
b. Be GERMANE to the purposes of the law
c. NOT LIMITED TO EXISTING CONDITIONS only
d. APPLY EQUALLY to all members of the SAME CLASS.
Millares v. Philippine Long Distance Telephone
Co. Inc. (458 SCRA 102) (May 6, 2005)
Ratio:
• Procedural due process requires the employer to give the
employee two notices –first is the notice apprising him of the
particular acts or omissions for which his dismissal is sought,
and, second is the subsequent notice informing him of the
employer’s decision to dismiss him.
Lavador v. “J” Marketing Corporation (461 SCRA 497)
(June 28, 2005)
Ratio:
• Procedural due process requires the employer to give the
employee two notices –first is the notice apprising him of the
particular acts or omissions for which his dismissal is sought,
and, second is the subsequent notice informing him of the
employer’s decision to dismiss him.
• Actual adversarial proceeding becomes necessary only for
clarification or when there is a need to propound searching
questions to unclear witnesses, a procedural right which
the employee must ask for.
• Where the dismissal of the employee from service is due to
dishonesty or for a just cause but due process was not
observed as no hearing was conducted despite her request,
the employer should be held liable for indemnity in the form of
nominal damages.
Sec. 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 or 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 person
or things to be seized.
General Rule: Search and seizures are unreasonable UNLESS
authorized by a validly issued search warrant or warrant of
arrest.
Requisites for a valid warrant: CODE: P J E D One
a. It must be issued upon PROBABLE CAUSE.
b. The existence of probable cause is determined personally by
the JUDGE.
c. The judge must EXAMINE UNDER OATH the
complainant and the witnesses he may produce.
d. The warrant must PARTICULARLY DESCRIBE the place
to be searched and person or things to be seized.
e. It must be in connection with One specific offense.
“PROBABLE CAUSE”
For the issuance of a warrant of arrest:
Probable cause refers to such facts and circumstances, which
would lead a reasonably discreet and prudent man to believe
that an offense has been committed by the person sought to be
arrested.
For the issuance of a search warrant:
Probable cause would mean such facts and circumstances,
which would lead a reasonably discreet and prudent man to
believe that an offense has been committed and that the
objects sought in connection with the offense are in the place
to be searched.
NOTE:
Probable cause for the issuance of a search warrant does NOT
require that the probable guilt of a specific offender be
established, unlike in the case of a warrant of arrest.
Existence of probable cause “DETERMINED PERSONALLY
BY THE JUDGE”
Soliven v. Makasiar, 167 SCRA 394
The judge is NOT required to personally examine the
complainant and his witnesses. What the Constitution
underscores is the exclusive and personal responsibility of the
issuing judge to satisfy himself of the existence of probable
cause.
Lim v. Felix, 187 SCRA 292
To be sure, the Judge must go beyond the prosecutor’s
certification and investigation report whenever necessary.
Procedure:
The judge personally evaluates the report and supporting
documents submitted by the prosecutor regarding the
existence of probable cause and, on the basis thereof, issue a
warrant of arrest or if on the basis thereof, the judge finds no
probable cause, he may disregard the prosecutor’s report and
require the submission of supporting affidavits of witnesses to
aid him in arriving at the conclusion as to the existence of
probable cause.
Examination “UNDER OATH OR AFFIRMATION OF
THE COMPLAINANT AND WITNESSES”
Alvarez v. CFI, 64 Phil. 33
The oath required must refer to the truth of the facts within
the personal knowledge of the complainant or his witnesses
because the purpose is to convince the judge of the existence
of probable cause.
The true test of sufficiency of an affidavit to warrant the
issuance of a search warrant is whether it has been drawn in
such a manner that perjury could be charged thereon and
affiant could be held liable for the damages caused.
PARTICULARITY OF DESCRIPTION (SEARCH
WARRANT)
Bache and Co. v. Ruiz, 37 SCRA 823
A search warrant may be said to particularly describe the
things to be seized when the description therein is as specific
as the circumstances will ordinarily allow or
When the description expresses a conclusion of fact – not of
law – by which the warrant officer may be guided in making
the search and seizure or
When the things described are limited to those which bear a
direct relation to the offense for which the warrant is being
issued.
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of
particularity of description if it contains a description
personae such as will enable the officer to identify the
accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts
or omissions constituting the offense charged in the
application for the issuance of the warrant. It contravenes the
explicit demand of the Bill of Rights that the things to be
seized be particularly described.
VALID WARRANTLESS SEARCH (IM CWAPO)
Search made as an Incident to lawful arrest
A. An officer making an arrest may take from the person
arrested:
i. Any money or property found upon his person which was
used in the commission of the offense or
ii. Was the fruit thereof or
iii. Which might furnish the prisoner with the means of
committing violence or escaping or
iv. Which may be used in evidence in the trial of the case
B. The search must be made simultaneously with the arrest
and it may only be made in the area within the immediate
control of the person arrested.
Search of Moving vehicles
A. This exception is based on exigency. Thus, if there is time
to obtain a warrant in order to search the vehicle, a warrant
must first be obtained.
B. The search of a moving vehicle must be based on probable
cause.
Seizure of goods concealed to avoid Customs duties/
authorized under the Tariffs and Customs Code
A. The Tariffs and Customs Code authorizes persons having
police authority under the Code to effect search and
seizures without a search warrant to enforce customs laws.
B. Exception: A search warrant is required for the search of a
dwelling house.
C. Searches under this exception include searches at borders
and ports of entry. Searches in these areas do not require
the existence of probable cause
Seizure of evidence in Plain view
A. There was a prior valid intrusion;
B. The evidence was inadvertently discovered;
C. The evidence is immediately apparent;
D. Plain view is justified seizure without further search.
(People v. Valdez, 341 SCRA 25)
Waiver of right
A. Requisites of a valid waiver:
i. The right exists.
ii. The person had actual or constructive knowledge of the
existence of such right.
iii. There is an actual intention to relinquish such right
B. The right against unreasonable searches and seizures is a
personal right. Thus, only the person being searched can
waive the same.
C. Waiver requires a positive act from the person. Mere
absence of opposition is not a waiver.
D. The search made pursuant to the waiver must be made
within the scope of the waiver.
Armed Conflict (wartime)
Others
A. Conduct of "Areal Target Zone" and "Saturation Drives" in
the exercise of military powers of the President (Guazon
vs. De Villa, 181 SCRA 623)
B. Checkpoints (Valmonte vs. De Villa, 178 SCRA 211)
REQUISITES:
CODE: P.A.L.V.
1. Abnormal times
2. Limited to visual search
3. Vehicle not searched
4. Passengers not subjected to body search
Valmonte V. De Villa
As long as the vehicle is neither searched nor its occupants
subjected to a body search and the inspection of the vehicle is
limited to a visual search = valid search.
C. Stop and Frisk
Even before an arrest, when an officer is justified in believing
that the individual whose suspicious behavior he is
investigating at close range is presently dangerous, he may
conduct a limited protective search.
The purpose of this limited search is not to discover
evidence of a crime but to allow the officer to pursue
his investigation without risk of violence.
D. Exigent and emergency circumstances best illustrated in
People v. De Gracia (233 SCRA 716), where a warrantless
search was allowed where there was a prevailing general
chaos and disorder because of an ongoing coup.
NOTE:
Carroll rule: warrantless search of a vehicle that can be
quickly moved out of the locality or jurisdiction is valid.
The 1987 Constitution has returned to the 1935 rule that
warrants may be issued only by judges, but the Commissioner
of Immigration may order the arrest of an alien in order to
carry out a FINAL deportation order.
INSTANCES WHEN WARRANTLESS ARRESTS
ARE VALID:
a. When the person to be arrested has committed, is
actually committing, or is about to commit an offense
in the presence of the arresting officer.
b. When an offense has in fact just been committed and
the arresting officer has probable cause to believe based
on personal knowledge of facts and circumstances
indicating that the person to be arrested has committed
it.
c. 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.
Waiver of an invalid arrest: When a person who is detained
applies for bail, he is deemed to have waived any irregularity
which may have occurred in relation to his arrest. However,
when a person who is detained applies for bail, before he
enters a plea, he is not barred from later questioning the
legality of his arrest.
Hot pursuit
A. The pursuit of the offender by the arresting officer must be
continuous from the time of the commission of the offense
to the time of the arrest.
B. There must be no supervening event which breaks the
continuity of the chase.
Stop and frisk
When a policeman observes suspicious activity,
which leads him to believe that a crime is about to be
committed, he can investigate the suspicious looking person
and may frisk him for weapons as a measure of self-
protection. Should he find, however, a weapon on the suspect,
which is unlicensed, he can arrest such person then and there
for having committed an offense in the officer’s presence.
NOTE: Probable cause is the minimal requirement for the
validity of either a warrantless arrest or a warrantless search.
United Laboratories, Inc. v. Isip (461 SCRA 574)
(June 28, 2005)
Ratio:
On search warrant proceedings
• A search warrant proceeding is, in no sense, a criminal
proceeding or the commencement of a prosecution – it is a
special and peculiar remedy, drastic in nature, and made
necessary because of public necessity,resembling in some
respect with what is commonly known as John Doe
proceedings
• A search warrant is a legal process which has been likened
to a writ of discovery employed by the State to procure
relevant evidence of crime – it is in the nature of a criminal
process, restricted to cases of public prosecutions and not a
process for adjudicating civil rights or maintaining mere
private rights.
A private individual or a private corporation complaining to
the NBI or to a government agency charged with the
enforcement of special penal laws, such as the BFAD, may
appear, participate and file pleadings in the search warrant
proceedings to maintain, inter alia, to validity of the search
warrant issued by the court and the admissibility of the
properties seized.
• While the general rule is that the proper party to file a
petition in the Court of Appeals or Supreme Court to assail
any adverse order of the RTC in search warrant proceedings
is the People, a private corporation may file the petition for
certiorari which may be considered as the petition filed by the
OSG.
On the plain view doctrine
• The plain view doctrine is not an exception to the warrant –
it merely serves to supplement the prior justification, whether
it be a warrant for another subject, hot pursuit, search as an
incident to a lawful arrest or some other legitimate reason for
being present, unconnected with a search directed against
the accused.
• The immediate requirement means that the executing officer
can, at any time of discovery of the object or the facts therein
available to him, determine probable cause of the object’s
incriminating evidence – to be immediate, probable cause
must be the direct result of the officer’s instantaneous
sensory perception of the object.
• The immediately apparent test does not require an unduly
high degree of certainty as to the incriminating character of
the evidence
– incriminating means the furnishing of evidence as proof of
circumstance tending to prove the guilt of a person.
Sec. 3. (1) 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.
(2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any
proceedings.
R.A. 4200 (Anti-Wiretapping Act)
Ramirez v. Ca
The law does not distinguish between a party to the private
communication or a third person. Hence, both a party and a
third person could be held liable under R.A. 4200 if they
commit any of the prohibited acts under R.A. 4200.
Gaanan v. IAC, 145 SCRA 112
The use of a telephone extension to overhear a private
conversation is not a violation of R.A. 4200 because it is not
similar to any of the prohibited devices under the law. Also, a
telephone extension is not purposely installed for the purpose
of secretly intercepting or recording private communication.
Types of communication protected:
Letters, messages, telephone calls, telegrams and the like.
Exclusionary rule:
People v. Marti, 193 SCRA 57
Any evidence obtained shall be inadmissible for any purpose
in any proceeding. However, in the absence of governmental
interference, the protection against unreasonable search and
seizure cannot be extended to acts committed by private
individuals.
Constitutional Right to Privacy
The right to privacy, the right to be left alone, is protected by
the guarantee of due process over liberty, the right against
unreasonable searches and seizures, the right to privacy of
communications, liberty of abode, the right to form
associations, and the right against self incrimination. (Ople v.
Torres, 293 SCRA 141)
Sec. 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or of the right of the
people peaceably to assemble and petition the government for
redress of grievances.
What are considered protected speech:
Protected speech includes every form of expression,
whether oral, written, tape or disc recorded.
It includes motion pictures as well as what is known as
symbolic speech such as the wearing of an armband as a
symbol of protest. Peaceful picketing has also been included
within the meaning of speech.
Prohibitions under Section 4
Prohibition against PRIOR RESTRAINT
Prohibition against SUBSEQUENT PUNISHMENT
Prohibition against prior restraint
Prior restraint means official governmental restrictions on
the press or other forms of expression in advance of actual
publication or dissemination.
Examples/forms of prior restraint
a. movie censorship
b. judicial prior restraint = injunction against publication
c. license taxes based on gross receipts for the privilege of
engaging in the business of advertising in any newspaper
d. flat license fees for the privilege of selling religious
books
When prohibition does not apply
(Near v.Minnesota, 238 US 697)
a. When the nation is at war. Ex: government can prevent
publication about the number/location of its troops
b. Obscene publications
c. Security of community life may be protected against
incitements to acts of violence or overthrow by force of
orderly government.
When is a Government control-based regulation justified?
a. It is within the constitutional power of the government;
b. It furthers an important or substantial government interest;
c. The governmental interest is unrelated to the suppression of
free expression; and
d. The incidental restriction is no greater than is essential to
the furtherance of the interest.
Social Weather Station v. COMELEC
The prohibition of publication of election surveys
shortly before elections does not meet the last two tests. The
causal connection of expression to the asserted government
interest makes such interest related to the suppression of free
expression.
The regulation can be more narrowly pursued by punishing
unlawful acts rather than prohibiting speech.
The COMELEC can confiscate false survey results by virtue
of its power under the Administrative Code of 1987 to stop
false election propaganda.
Standards for allowable subsequent punishment
TEST CRITERION
IT1. D There should be a RATIONAL
Dangerous CONNECTION between the speech and the
Tendency evil apprehended. (Focus on CONTENT)
Test ddddddddddddddddddddddddd
2. Clear and There should be a clear and present danger
Present that the words when used under such
Danger Test circumstances are of such a nature as to
create a CLEAR AND PRESENT DANGER
that they will bring about the substantive
evils that the State has a right to prevent.
(Focus on CONTENT & CONTEXT)
3. Balancing The courts should BALANCE the PUBLIC
of Interests INTEREST served by legislation on one hand
Test and the FREEDOM OF SPEECH (or any
other constitutional right) on the other. The
courts will then decide where the greater
weight should be placed.
(Focus on weighing Government and Private
interest)
Freedom of Speech
The doctrine on freedom of speech was formulated primarily
for the protection of “core” speech,
i.e. speech, which communicates political, social or religious
ideas. These enjoy the same degree of protection.
Commercial speech, however, does not.
Commercial Speech
Communication which no more than proposes a commercial
transaction.
To enjoy protection:
1. It must not be false or misleading; and
2. It should not propose an illegal transaction.
May be regulated if:
1. Government has a substantial interest to protect;
2. The regulation directly advances that interest; and
3. It is not more extensive than is necessary to protect that
interest. (Central Hudson Gas and Electric Corp. v. Public
Service Commission of NY, 447 US 557)
Unprotected Speech
1. LIBEL
FAIR COMMENT (U.S. Rule). These are statements of
OPINION, not of fact, and are not considered actionable, even
if the words used are neither mild nor temperate. What is
important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack personalities
but to give one’s opinion on decisions and actions.
Borjal v. CA, 301 SCRA 1
Fair commentaries on matters of public interest are privileged
and constitute a valid defense in an action for libel or slander.
The doctrine of faircomment means that while in general,
every discreditable imputation publicly made is deemed false,
because every man is presumed innocent until his guilt is
judicially proved, and every false imputation is deemed
malicious, nevertheless, when the discreditable imputation is
directed against a public person in his public capacity, it is
not necessarily actionable; unless it be a false allegation of
fact or a comment based on a false supposition. If the
comment is an expression of opinion, based on facts, then it is
immaterial that the opinion happens to be mistaken as long as
it might reasonably be inferred from the facts.
OPINIONS. With respect to public personalities (politicians,
actors, anyone with a connection to a newsworthy event),
opinions can be aired regarding their public actuations.
Comment on their private lives, if not germane to their public
personae, are not protected.
2. OBSCENITY
A. Test for obscenity (Miller v. California)
Whether the average person, applying contemporary
community standards would find that the work, taken as a
whole, appeals to the prurient interest.
Whether the work depicts or describes, in a patently
offensive way, sexual conduct, specifically defined by
law.
Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
B. Procedure for seizure of allegedly obscene publications
a) Authorities must apply for issuance of search warrant.
b) Court must be convinced that the materials are obscene.
Apply clear and present danger test.
c) Judge will determine whether they are in fact “obscene.”
d) Judge will issue a search warrant.
e) Proper action should be filed under Art. 201 of the RPC.
f) Conviction is subject to appeal.
Right of Assembly and Petition
1. The standards for allowable impairment of speech and press
also apply to the right of assembly and petition.
2. Rules on assembly in PUBLIC places (Reyes v. Bagatsing,
G.R. No. L-65366):
Applicant should inform the licensing authority of the date,
the public place where and the time when the assembly will
take place.
The application should be filed ahead of time to enable the
public official concerned to appraise whether there are valid
objections to the grant of the permit or to its grant, but in
another public place. The grant or refusal should be based on
the application of the Clear and Present Danger Test.
If the public authority is of the view that there is an imminent
and grave danger of a substantive evil, the applicants must be
heard on the matter.
The decision of the public authority, whether favorable or
adverse, must be transmitted to the applicants at the earliest
opportunity so that they may, if they so desire, have recourse
to the proper judicial authority.
3. Rules on assembly in PRIVATE properties: Only the
consent of the owner of the property or person entitled to
possession thereof is required.
Right of the people peaceably to assemble BAYAN versus
EDUARDO ERMITA (G.R. No.169838)/ Jess del prado
versus ERMITA (G.R. No.169848)/ KILUSANG MAYO UNO
versus THEHONORABLE EXECUTIVE SECRETARY
(G.R. No.169881) (April 25, 2006)*
Facts:
Petitioners in this case contest the validity of BP 880 (The
Public Assembly Act of 1985) and the policy of “Calibrated
Preemptive Response” (CPR), which was issued in lieu of the
“Maximum Tolerance” policy through a statement by
Executive Secretary Ermita. Petitioners are protesters who
claim that they were conducting a peaceful mass action when
they were violently dispersed by virtue of the “no permit, no
rally” policy and the recently issued CPR policy.
Issues:
1. On the constitutionality of Batas Pambansa No. 880,
specifically Sections 4, 5, 6, 12 13(a) and 14(a) thereof, and
Republic Act No. 7160:
a. Are these content-neutral or content-based regulations?
b. Are they void on grounds of overbreadth or vagueness?
c. Do they constitute prior restraint?
d. Are they undue delegations of powers toMayors?
e. Do they violate international human rights treaties and
the Universal Declaration of Human Rights?
2. On the constitutionality and legality of the policy of
Calibrated Preemptive Response (CPR):
a. Is the policy void on its face or due to vagueness?
b. Is it void for lack of publication?
c. Is the policy of CPR void as applied to the rallies of
September 26 and October 4, 5 and 6, 2005?
Ratio:
The Court held that although people have the right to
peaceably assemble and stage mass actions (1987
Constitution, Art.3, Sec.4), such right is not absolute
(Primicias v. Fugoso and Reyes v. Bagatsing). B.P.880 is a
codification of the ruling in Reyes v. Bagatsing, setting forth
the requirements andprocedure which are necessary to
regulate the time, place and manner of public assemblies.
B.P. 880 was also held to be a content-neutral legislation. A
fair and impartial reading of B.P. No.880 thus readily shows
that it refers to all kinds of public assemblies that would use
public places. The reference to “lawful cause” does not make
it contentbased because assemblies really have to be for
lawful causes; otherwise they would not be “peaceable” and
entitled to protection. Neither are the words “opinion,”
“protesting” and “influencing” in the definition of public
assembly content based, since they can refer to any subject.
The words “petitioning the government for redress of
grievances” come from the wording of the Constitution, so its
use cannot be avoided.
Finally, maximum tolerance is for the protection and benefit
of all rallyists and is independent of the content of the
expressions in the rally.
Furthermore, the permit can only be denied on the ground of
clear and present danger to public order, public safety, public
convenience, public morals or public health. This is a
recognized exception to the exercise of the right even under
the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights.
Considering that the existence of such freedom parks is an
essential part of the law’s system of regulation of the people’s
exercise of their right to peacefully assemble and petition, the
Court is constrained torule that after thirty (30) days from the
finality of this Decision, no prior permit may be required for
the exercise of such right in any public park or plaza of a city
or municipality until that city or municipality shall have
complied with Section 15 of the law. For without such
alternative forum, to deny the permit would in effect be to
deny the right. Advance notices should, however, be given to
the authorities to ensure proper coordination and orderly
proceeding.
On the matter of the CPR, the Solicitor General has conceded
that the use of the term should now be discontinued, since it
does not mean anything other than the maximum tolerance
policy set forth in B.P. No. 880.
Furthermore, there is need to address the situation adverted
to by petitioners where mayors do not act on applications for
a permit and when the police demand a permit and the
rallyists could not produce one, the rally is immediately
dispersed. In such a situation, as a necessary consequence
and part of
maximum tolerance, rallyists who can show the police an
application duly filed on a given date can, after two days from
said date, rally in accordance with their application without
the need to show a permit, the grant of the permit being then
presumed under the law, and it will be the burden of the
authorities to show that there has been a denial of the
application, in which case the rally may be peacefully
dispersed following the procedure of maximum tolerance
prescribed by the law.
In this Decision, the Court goes even one step further in
safeguarding liberty by giving local governments a deadline
of 30 days within which to designate specific freedom parks as
provided under B.P. No. 880. If, after that period, no such
parks are so identified in accordance with Section 15 of the
law, all public parks and plazas of the municipality or city
concerned shall in effect be deemed freedom parks; no prior
permit of whatever kind shall be required to hold an assembly
therein. The only requirement will be written notices to the
police and the mayor’s office to allow proper coordination
and orderly activities.
Sec. 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be
allowed.
No religious test shall be required for the exercise of civil or
political rights.
Clauses under Section 5
1. Non-establishment clause
2. Free exercise of Religion
School District v. Schempp, 374 US 203
Distinction between the clauses
1. The non-establishment clause does not depend upon any
showing of direct governmental compulsion. It is violated by
the enactment of laws which establish an official religion
whether those laws operate directly to coerce non-observing
individuals or not. The test of compliance with the one
stablishment clause can be stated as follows: What are the
purposes and primary effect of the enactment? If either is the
advancement or inhibition of religion, the law violates the
non-establishment clause.
Thus, in order for a law to comply with the non-establishment
clause, two requisites must be met:
A. It has a secular legislative purpose.
B. Its primary effect neither advances nor inhibits religion.
2. The free exercise of religion clause withdraws from
legislative power the exertion of any restraint on the free
exercise of religion. In order to show a violation of this
clause, the person affected must show the coercive effect of
the legislation as it operates against him in the practice of his
religion.
While the freedom to believe (non-establishment) is absolute,
the moment such belief flows over into action, it becomes
subject to government regulation.
Requisites for government aid to be allowable:
a. It must have a secular legislative purpose;
b. It must have a primary effect that neither advances nor
inhibits religion;
c. It must not require excessive entanglement with recipient
institutions.
Re: Request of Muslim Employees in Different
Courts in Iligan City (Re: Office Hours)* (477 SCRA 648)
(December 14, 2005)
Ratio:
• To allow the Muslim employees in the Judiciary to be
excused form work from 10:00 a.m. to 2:00 p.m. every
Friday (Muslim Prayer Day) during the entire calendar year
would mean a diminution of the prescribed government
working hours – the performance of religious practices,
whether by Muslim employees or those belonging to other
denominations, should not prejudice the court and the
public.
• The remedy of the Muslim employees, with respect to their
request to be excused from work from 10:00 a.m. to 2:00
p.m. every Friday during the entire calendar year, is
legislative.
Sec. 6. The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon
lawful order of the court.
Neither shall the right to travel be impaired except in the
interest of national security, public safety or public health, as
may be provided by law.
Rights guaranteed under Section 6:
1. Freedom to choose and change one’s place of abode.
2. Freedom to travel within the country and outside.
Curtailment of rights:U
RIGHT I
CURTAILMENT OF RIGHT
1. Liberty of abode Lawful order of the court and
within the limits prescribed
by law.
2. Right to travel May be curtailed even by
administrative officers (ex.
passport officers) in the
interest of national security,
public safety, or public
health, as may be provided
 by law.
RTAILMENT
NOTE: The right to travel and the liberty of abode are distinct
from the right to return to one’s country, as shown by the fact
that the Declaration of Human Rights and the Covenant on
Human Rights have separate guarantees for these. Hence, the
right to return to one’s country is not covered by the specific
right to travel and liberty of abode. (Marcos v.Manglapus, 177
SCRA 668).
Sec. 7. The right of the people to information on matters of
public concern shall be recognized.
Rights guaranteed under Section 7
1. Right to information on matters of public concern
2. Right of access to official records and documents
Persons entitled to the above rights: Only Filipino citizens.
Discretion of government
The government has discretion with respect to the authority to
determine what matters are of public concern and the authority
to determine the manner of access to them.
Recognized restrictions on the right of the people
to information:
1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations
9.
Sec. 8. The right of the people, including those employed in
the public and private sectors, to form unions, associations, or
societies for purposes not contrary to law, shall not be
abridged.
- The right to form associations shall not be impaired without
due process of law and is thus an aspect of the right of
liberty. It is also an aspect of the freedom of contract. In
addition, insofar as the associations may have for their
object the advancement of beliefs and ideas, the freedom of
association is an aspect of the freedom of speech and
expression, subject to the same limitation.
- The right also covers the right not to join an association.
- Government employees have the right to form unions. They
also have the right to strike, unless there is a statutory ban on
them (i.e. ban on public school teachers).
Sec. 9. Private property shall not be taken for public use
without just compensation.
Who can exercise the power of eminent domain:
a. The national government
b. Congress
c. Executive, pursuant to legislation enacted by Congress
d. Local government units, pursuant to an ordinance enacted
by their respective legislative bodies (under LGC)
e. Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain
necessary?
It is only necessary when the owner does not want or opposes
the sale of his property. Thus, if a valid contract exists
between the government and the owner, the government
cannot exercise the power of eminent domain as a substitute to
the enforcement of the contract.
Elements of the power of eminent domain
CODE: TPJ
1. There is a TAKING of private property
2. Taking is for PUBLIC USE
3. Payment of JUST COMPENSATION
"TAKING"
A. Elements: CODE: E P A P O
a. The expropriator enters the property
b. The entrance must not be for a momentary period,
i.e., it must be permanent
c. Entry is made under warrant or color of legal authority
d. Property is devoted to Public use
e. Utilization of the property must be in such a way as to
oust the owner and deprive him of the beneficial
enjoyment of his property.
B. Compensable taking does not need to involve all the
property interests which form part of the right of
ownership. When one or more of the property rights are
appropriated and applied to a public purpose, there is
already a compensable taking, even if bare title still remains
with the owner.
"PUBLIC USE"
Public use, for purposes of expropriation, is synonymous with
public welfare as the latter term is used in the concept of
police power. Examples of public use include land reform and
socialized housing.
"JUST COMPENSATION"
Compensation is just if the owner receives a sum equivalent to
the market value of his property.
Market value is generally defined as the fair value of the
property as between one who desires to purchase and one who
desires to sell.
The point of reference used in determining fair value is the
value at the date of the taking of the property or the filing of
the complaint, whichever came first.
Thus, future potential use of the land is not considered in
computing just compensation.
Judicial review of the exercise of the power of eminent
domain
a. To determine the adequacy of the compensation
b. To determine the necessity of the taking
c. To determine the "public use" character of the taking.
However, if the expropriation is pursuant to a specific law
passed by Congress, the courts cannot question the public use
character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial
property, that is, property acquired by the municipality with its
private funds in its corporate or private capacity. However, if
it is any other property such as public buildings or legua
comunal held by the municipality for the State in trust for the
inhabitants, the State is free to dispose of it at will, without
any compensation.
Point of reference for valuating a piece of property:
General rule: The value must be that as of the time of the
filing of the complaint for expropriation.
Exception: When the filing of the case comes later than the
time of taking and meanwhile the value of the property has
increased because of the use to which the expropriator has put
it, the value is that of the time of the earlier taking. BUT if the
value increased independently of what the expropriator did,
then the value is that of the latter filing of the case.
NOTE:
Even before compensation is given, entry may be made upon
the property condemned. The deposit of money or an
equivalent form of payment such as government bonds is
necessary and sufficient to satisfy the requirement.
Any law fixing the amount of just compensation is not binding
on the courts because it is a question of fact which is always
subject to review by the courts.
REGULATION v. TAKING
REGULATION TAKING
Compensation is not Just compensation
required Title is not Title is transferred
transferred Property taken for public
Property interest is use
restricted or destroyed
An exercise of police
power, not for public use
Commissioner of Internal Revenue v.Central Luzon Drug
Corporation (456 SCRA 414) (April 15, 2005)
Ratio:
• The tax benefit granted to the establishments can be deemed
as their just compensation for private property taken by the
State for public use.
• The taxation power can also be used as an implement for the
exercise of the power of eminent domain.
Jesus is Lord Christian School Foundation Inc. v.
Municipality (now City) of Pasig, Metro Manila*
(466 SCRA 235) (August 9, 2005)
Ratio:
• The following requisites for the valid exercise of the power
of eminent domain by a local government unit must be
complied with:
(1)an ordinance is enacted by the local legislative
council authorizing the local chief executive, in
behalf of the local government unit, to exercise the
power of eminent domain or pursue expropriation
proceedings over a particular private property;
(2) the power of eminent domain is exercised for
public use, purpose or welfare, or for the benefit of
the poor and the landless;
(3) there is payment of just compensation as
Required under Section 9, Article 3 of the
Constitution, and other pertinent laws;
(4) a valid and definite offer has been previously
made tothe owner of the property sought to be
expropriated, but said offer was not accepted.
Sec. 10. No law impairing the obligation of contracts shall be
passed.
When does a law impair the obligation of contracts:
1. If it changes the terms and conditions of a legal contract
either as to the time or mode of performance
2. If it imposes new conditions or dispenses with those
expressed
3 If it authorizes for its satisfaction something different from
that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does
not change the substance of the contract, and which still leaves
an efficacious remedy for enforcement does NOT impair the
obligation of contracts.
A valid exercise of police power is superior to obligation of
contracts.
Sec. 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by
reason of poverty.
Sec. 12. Rights of person under investigation for the
commission of an offense.
Rights of person under investigation for the commission of
an offense (Miranda Rights) CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent counsel,
preferably of his own choice
3) Right to be provided with the services of counsel if he
cannot afford the services of one.
4) Right to be informed of these rights.
When rights are available:
1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his freedom of
action in any significant way
3) When a person is merely “invited” for questioning
(R.A. No. 7438)
4) When the investigation is being conducted by the
government (police, DOJ, NBI) with respect to a criminal
offense.
5) Signing of arrest reports and booking sheets.
When rights are not available:
1) During a police line-up.
Exception: Once there is a move among the investigators to
elicit admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily
surrendered to the police or outside the context of a formal
investigation.
4) Statements made to a private person.
Exclusionary rule
Any confession or admission obtained in violation of this
section shall be inadmissible in evidence against him (the
accused).
Therefore, any evidence obtained by virtue of an illegally
obtained confession is also inadmissible, being the fruit of a
poisonous tree.
Requisites of valid waiver of these rights:
1) Made voluntarily, knowingly, and intelligently
2) Waiver should be made in WRITING
3) Waiver should be made in the PRESENCE OF COUNSEL.
Requisites for a valid extra-judicial confession:
CODE: WAVES
1) voluntary
2) made with the assistance of competent and independent
counsel
3) must be express
4) made in writing
5) signed, or if the confessant does not know how to read and
write, thumbmarked by him (Pp. v. Olivares, G.R. No.
77865)
CUSTODIAL INVESTIGATION commences when a
person is taken into custody and singled out as a suspect in the
commission of a crime under investigation.
Rights during custodial investigation apply only against
testimonial compulsion and not when the body of the accused
is proposed to be examined (i.e. urine sample; photographs;
measurements;garments; shoes).
Sec. 13. Right to bail.
Who are entitled to bail:
All persons ACTUALLY DETAINED shall, BEFORE
CONVICTION be entitled to bail.
Who are not entitled to bail:
1) Persons charged with offenses PUNISHABLE by
RECLUSION PERPETUA or DEATH, when evidence of
guilt is strong
2) Persons CONVICTED by the trial court. Bail is only
discretionary pending appeal.
3) Persons who are members of the AFP facing a court
martial.
Other rights in relation to bail.
a. The right to bail shall NOT be impaired even when the
privilege of the writ of habeas corpus is suspended.
b. Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1) Ability to post bail
2) Nature of the offense
3) Penalty imposed by law
4) Character and reputation of the accused
5) Health of the accused
6) Strength of the evidence
7) Probability of appearing at the trial
8) Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
a. The person claiming the right must be in actual detention or
custody of the law.
b. The constitutional right is available only in criminal cases,
not, e.g. in deportation proceedings.
Waiver of the right to bail:
1) if appellant escapes from prison or confinement
2) if appellant jumps bail
3) if appellant flees to another country during the pendency of
the appeal
NOTE:
Persons charged with offenses punishable by LIFE
IMPRISONMENT, when evidence of guilt is strong, are
likewise not entitled to bail.
Right to bail is not available in the military. Apart from bail, a
person may attain provisional liberty through recognizance,
which is an obligation of record entered into by a third person
before a court, guaranteeing the appearance of the accused for
trial. It is in the nature of a contract between the surety
and the state.
Sec. 14. Rights of an accused
1) Rights of a person charged with a criminal offense
2) Right to due process of law
3) Right to be presumed innocent
4) Right to be heard by himself and counsel
5) Right to be informed of the nature and cause of the
accusation against him
6) Right to have a speedy, impartial and public trial
7) Right to meet the witnesses face to face
8) Right to have compulsory process to secure the attendance
of witnesses and the production of evidence in his behalf
“DUE PROCESS”
This means that the accused can only be convicted by a
tribunal which is required to comply with the stringent
requirements of the rules of criminal procedure.
“PRESUMPTION OF INNOCENCE”
The Constitution does not prohibit the legislature from
providing that proof of certain facts leads to a prima facie
presumption of guilt, provided that the facts proved have a
reasonable connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.
“RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”
The right to be heard includes the following rights:
1) Right to be present at the trial
2) The right to be present covers the period from
ARRAIGNMENT to PROMULGATION of sentence.
After arraignment, trial may proceed notwithstanding
absence of accused.
Note: Trial in absentia is allowed only if the accused has been
validly arraigned and the following 2 requisites are met:
i. Accused has been duly notified;
ii. His failure to appear is unjustifiable.
The accused may waive the right to be present at the trial by
not showing up. However, the court can still compel the
attendance of the accused if necessary for identification
purposes.
EXCEPTION: If the accused, after arraignment, has stipulated
that he is indeed the person charged with the offense and
named in the information, and that any time a witness refers to
a name by which he is known, the witness is to be understood
as referring to him.
While the accused is entitled to be present during
promulgation of judgment, the absence of his counsel during
such promulgation does not affect its validity.
3. Right to counsel
Right to counsel means the right to EFFECTIVE
REPRESENTATION.
If the accused appears at arraignment without
counsel, the judge must:
a. Inform the accused that he has a right to a counsel before
arraignment
b. Ask the accused if he desires the aid of counsel
c. If the accused desires counsel, but cannot afford one, a
counsel de oficio must be appointed
d. If the accused desires to obtain his own counsel, the court
must give him reasonable time to get one.
4. Right to an impartial judge.
5. Right of confrontation and cross-examination
6. Right to compulsory process to secure the attendance of
Witnesses
“RIGHT TO BE INFORMED OF THE NATURE AND
CAUSE OF ACCUSATION AGAINST HIM”
Purposes of the right:
a. To furnish the accused with a description of the charge
against him as will enable him to make his defenses
b. To avail himself of his conviction or acquittal against a
further prosecution for the same cause
c. To inform the court of the facts alleged.
If the information fails to allege the material elements of the
offense, the accused cannot be convicted thereof even if the
prosecution is able to present evidence during the trial with
respect to such elements.
The real nature of the crime charged is determined from the
recital of facts in the information. It is not determined based
on the caption or preamble thereof nor from the specification
of the provision of law allegedly violated.
“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC
TRIAL”
Factors used in determining whether the right to a speedy trial
has been violated:
a. Time expired from the filing of the information
b. Length of delay involved
c. Reasons for the delay
d. Assertion or non-assertion of the right by the accused
e. Prejudice caused to the defendant.
Effect of dismissal based on the ground of violation of
the accused’s right to speedy trial
If the dismissal is valid, it amounts to an acquittal and can be
used as basis to claim double jeopardy. This would be the
effect even if the dismissal was made with the consent of the
accused.
Remedy of the accused if his right to speedy trial has
been violated
a. He can move for the dismissal of the case.
b. If he is detained, he can file a petition for the issuance of
writ of habeas corpus.
Definition of impartial trial
The accused is entitled to the “cold neutrality of an impartial
judge.” It is an element of due process.
Definition of public trial
The attendance at the trial is open to all irrespective of their
relationship to the accused. However, if the evidence to be
adduced is “offensive to decency or public morals,” the public
may be excluded.
The right of the accused to a public trial is not violated if the
hearings are conducted on Saturdays, either with the consent
of the accused or if failed to object thereto.

“RIGHT TO MEET WITNESS FACE TO FACE”
Purposes of the right:
a. To afford the accused an opportunity to cross-examine the
witness
b. To allow the judge the opportunity to observe the
deportment of the witness.
Failure of the accused to cross-examine a witness:
If the failure of the accused to cross-examine a witness is due
to his own fault or was not due to the fault of the prosecution,
the testimony of the witness should be excluded.
When the right to cross-examine is demandable?
It is demandable only during trials. Thus, it cannot be
availed of during preliminary investigations.
Principal EXCEPTIONS to the right of confrontation
1. The admissibility of “dying declarations”
2. Trial in absentia under Section 14(2)
3. With respect to child testimony
Estrada v. People* (468 SCRA 233) (August 25,2005)
Ratio:
• Promulgation of judgment in absentia is valid provided that
the essential elements are present: (a) that the judgment be
recorded in the criminal docket, and, (b) that a copy be
served upon the accused or counsel.
• Recording the decision in the criminal docket of the court
satisfies the requirement of notifying the accused of the
decision wherever he may be.
Sec. 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial,
or administrative bodies.
Distinction between Section 14 and Section 16.
While the rights of an accused only apply to the trial
phase of criminal cases, the right to a speedy
disposition of cases covers ALL phases of JUDICIAL,
QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
Sec. 17. No person shall be compelled to be a witness against
himself.
When is a question incriminating:
A question tends to incriminate when the answer of the
accused or the witness would establish a fact which would be
a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
Distinction between an accused and an ordinary witness
An accused can refuse to take the witness stand altogether by
invoking the right against selfincrimination.
An ordinary witness cannot refuse to take the stand.
He can only refuse to answer specific questions which would
incriminate him in the commission of an offense.
Scope of right
What is PROHIBITED is the use of physical or moral
compulsion to extort communication from the witness or to
otherwise elicit evidence which would not exist were it not for
the actions compelled from the witness.
The right does NOT PROHIBIT the examination of the body
of the accused or the use of findings with respect to his body
as physical evidence. Hence, the fingerprinting of an accused
would not violate the right against self-incrimination.
However, obtaining a sample of the handwriting of the
accused would violate this right if he is charged for
falsification.
The accused cannot be compelled to produce a private
document in his possession which might tend to incriminate
him. However, a third person in custody of the document may
be compelled to produce it.
When the right can be invoked:
1. In criminal cases
2. In all other government proceedings, including civil actions
and administrative or legislative investigations.
Who can invoke the right:
a. Only natural persons. Judicial persons are subject to the
visitorial powers of the state in order to determine
compliance with the conditions of the charter granted to
them.
Crisostomo v. Sandiganbayan (456 SCRA 45)
(April 14, 2005)
Ratio:
• The deafening silence of all the accused does not necessarily
point to conspiracy. An accused has the right to remain silent
and to be exempt from being compelled to be a witness
against himself.
Sec. 18. Right against involuntary servitude.
“INVOLUNTARY SERVITUDE”
It is every condition of enforced or compulsory service of one
to another no matter under what form such servitude may be
disguised.
Exceptions:
1. Punishment for a crime for which the party has been duly
convicted
2. Personal military or civil service in the interest of national
defense
3. In naval enlistment: a person who enlists in a merchant ship
may be compelled to remain in service until the end of the
voyage
4. Posse comitatus for the apprehension of criminals
5. Return to work order issued by the DOLE Secretary or the
President
6. Minors under patria potestas are obliged to obey their
parents.
Sec. 19. Prohibition against cruel, degrading and inhuman
punishment.
When is a penalty “cruel, degrading and inhuman”?
A penalty is cruel and inhuman if it involves torture or
lingering suffering. (Ex. Being drawn and quartered.)
A penalty is degrading if it exposes a person to public
humiliation. (Ex. Being tarred and feathered, then
paraded throughout town.)
Standards used:
1. The punishment must not be so severe as to be degrading to
the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society.
4. It must not be excessive, i.e. it must serve a penal purpose
more effectively than a less severe punishment would.
5. Excessive fine
6. A fine is excessive, when under any circumstance, it is
disproportionate to the offense.
NOTE: Fr. Bernas says that the accused cannot be convicted
of the crime to which the punishment is attached if the court
finds that the punishment is cruel, degrading or inhuman. The
reason for this is without a valid penalty, the law is not a penal
law.
Sec. 20. No person shall be imprisoned for debt or non-
payment of a poll tax.
Definition of “DEBT” under Section 20.
Debt refers to a CONTRACTUAL obligation, whether express
or implied, resulting in any liability to pay money. Thus, all
other types of obligations are not within the scope of this
prohibition.
Thus, if an accused fails to pay the fine imposed upon him,
this may result in his subsidiary imprisonment because his
liability is ex delicto and not ex contractu.
A FRAUDULENT debt may result in the imprisonment of the
debtor if:
1. The fraudulent debt constitutes a crime such as estafa; and
2. The accused has been duly convicted.
Sec. 21. No person shall be twice put in jeopardy of
punishment for the same offense. If an act is punished by a
law and an ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution for the same act.
What are the TWO KINDS OF JEOPARDY?
a. First Sentence of Sec. 21: No person shall be twice
put in jeopardy of punishment for the same
offense.
b. Second Sentence: When 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.
Under the first kind of jeopardy, conviction, acquittal, or
dismissal of the case without the express consent of the
accused will bar a subsequent prosecution.
Under the second kind of jeopardy, only conviction or
acquittal – not dismissal without the express consent
of the accused – will bar a subsequent prosecution.
Requisites for a valid defense of double jeopardy:
CODE: ATS
1. First jeopardy must have attached prior to the second.
2. The first jeopardy must have terminated.
3. The second jeopardy must be for the same offense, one that
includes or is necessarily included in the first offense, or is
an attempt or frustration of the first, or is an element
thereof.
When does jeopardy ATTACH: (1st requisite)
CODE: CICAV
1. A person is charged
2. Under a complaint or information sufficient in form and
substance to sustain a conviction
3. Before a court of competent jurisdiction
4. After the person is arraigned
5. Such person enters a valid plea.
When does jeopardy NOT attach:
1. If information does not charge any offense
2. If, upon pleading guilty, the accused presents evidence of
complete self-defense, and the court thereafter acquits him
without entering a new plea of not guilty for accused. There
is no valid plea here.
3. If the information for an offense cognizable by the RTC is
filed with the MTC.
4. If a complaint filed for preliminary investigation is
dismissed.
When does first jeopardy TERMINATE:
(2 REQUISITE)
ND
1. Acquittal
2. Conviction
3. Dismissal W/O the EXPRESS consent of the accused
4. Dismissal on the merits.
Examples of termination of jeopardy:
1. Dismissal based on violation of the right to a speedy trial.
This amounts to an acquittal.
2. Dismissal based on a demurrer to evidence. This is a
dismissal on the merits.
3. Dismissal on motion of the prosecution, subsequent to a
motion for reinvestigation filed by the accused.
4. Discharge of an accused to be a state witness. This amounts
to an acquittal.
When can the PROSECUTION appeal from an order of
dismissal:
1. If dismissal is on motion of the accused.
Exception: If motion is based on violation of the right to a
speedy trial or on a demurrer to evidence.
2. If dismissal does NOT amount to an acquittal or dismissal
on the merits.
3. If the question to be passed upon is purely legal.
4. If the dismissal violates the right of due process of the
prosecution.
5. If the dismissal was made with grave abuse of discretion.
What are considered to be the “SAME OFFENSE”:
(under the 1st sentence of Sec. 21)
1. Exact identity between the offenses charged in the first and
second cases.
2. One offense is an attempt to commit or a frustration of the
other offense.
3. One offense is necessarily included or necessary includes
the other.
NOTE: Where a single act results in the violation of different
laws or different provisions of the same law, the prosecution
for one will not bar the other so long as none of the exceptions
apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law
and the ordinance are the same. For there to be double
jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
Under the Rules of Court, a conviction for an offense will not
bar a prosecution for an offense which necessarily includes the
offense charged in the former information where:
a. The graver offense developed due to a supervening fact
arising from the same act or omission constituting the
former charge.
b. The facts constituting the graver offense became known or
were discovered only after the filing of the former
information.
c. The plea of guilty to the lesser offense was made without
the consent of the prosecutor and the offended party.
d. Under (1)(b), if the facts could have been discovered by the
prosecution but were not discovered because of the
prosecution’s incompetence, it would not be considered a
supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to
plead double jeopardy. The whole case will be open to review
by the appellate court. Such court may even increase the
penalties imposed on the accused by the trial court.
Sec. 22. No ex post facto law or bill of attainder shall be
enacted.
“EX-POST FACTO LAW”
One which makes an action done before the passing of the
law, and which was innocent when done, criminal, and
punishes such action.
 One which aggravates the crime or makes it greater than
when it was committed.
 One which changes the punishment and inflicts a greater
punishment than that which the law annexed to the crime
when it was committed.
 One which alters the legal rules of evidence and receives
less testimony than the law required at the time of the
commission of the offense in order to convict the accused.
 One which assumes to regulate civil rights and remedies
only BUT, in effect, imposes a penalty or deprivation of a
right, which, when done, was lawful.
 One which deprives a person accused of a crime of some
lawful protection to which he has become entitled such as
the protection of a former conviction or acquittal, or a
proclamation of amnesty.
NOTE: The prohibition on ex post facto laws only applies to
retrospective PENAL laws.
Characteristics of an Ex Post Facto Law
1. Refers to criminal matters
2. Retrospective
3. Causes prejudice to the accused
“BILL OF ATTAINDER”
A bill of attainder is a LEGISLATIVE act which inflicts
punishment W/O JUDICIAL trial.
The bill of attainder does not need to be directed at a
specifically named person. It may also refer to easily
ascertainable members of a group in such a way as
to inflict punishment on them without judicial trial.
Elements of the bill of attainder:
1. There must be a LAW.
2. The law imposes a PENAL burden, on;
3. a NAMED INDIVIDUAL or EASILY ASCERTAINABLE
MEMBERS of a GROUP.
4. The penal burden is imposed DIRECTLY by the LAW W/O
JUDICIAL trial.
ARTICLE IV – CITIZENSHIP
Who are citizens of the Philippines?
1. Those who are citizens of the Philippines at the time of the
adoption of the 1987 Constitution.
2. Those whose fathers or mothers are citizens of the
Philippines.
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.
Modes of acquiring citizenship:
1. Jus Soli – acquisition of citizenship on the basis of place of
birth
2. Jus Sanguinis – acquisition of citizenship on the basis of
blood relationship
3. Naturalization – the legal act of adopting an alien and
clothing him with the privilege of a
native-born citizen.
NOTE: The Philippines follows (2) and (3)
Election of citizenship under the 1987 Constitution:
Prior to the 1973 Constitution, if a Filipina married an alien,
she lost her Filipino citizenship. Hence, her child would have
to elect Filipino citizenship upon reaching the age of majority.
Under the 1973 Constitution, however, children born of
Filipino mothers were already considered Filipinos.
Therefore, the provision on election of citizenship under the
1987 Constitution only applies to those persons who were
born under the 1935 Constitution.
In order for the children to elect Filipino citizenship, the
mothers must have been Filipinos at the time of their marriage.
So, if your mother was a Filipina who married an alien under
the 1935 constitution and you were born before January 17,
1973, you can elect Filipino citizenship upon reaching the age
of majority.
When must election be made:
The election must be made within a reasonable period after
reaching the age of majority.
Effects of naturalization:
1. The legitimate minor children of the naturalized father
become Filipinos as well.
2. The wife also becomes a Filipino citizen, provided that she
does not have any disqualification which would bar her
from being naturalized.
Natural-born citizens:
1. Citizens of the Philippines from birth who do not need to
perform any act to acquire or perfect their Philippine
citizenship.
2. Those who elect Philippine citizenship under Art. IV, Sec.
1(3) of 1987 Constitution.
Marriage of Filipino with an alien:
General Rule: The Filipino RETAINS Philippine citizenship
Exception: If, by their act or omission they are deemed, under
the law, to have renounced it.
How may one lose citizenship (C.A. No. 63):
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing to an oath of allegiance to the laws or
constitution of a foreign country
4. By serving in the armed forces of an enemy country
5. By cancellation of certificates of naturalization
6. By being a deserter of the armed forces of one’s country
How may one reacquire citizenship:
1. By direct act of Congress
2. By naturalization
3. By repatriation
Re-acquisition of citizenship
 Natural-born Filipinos who are deemed to have lost their
citizenship may re-acquire the same via repatriation
proceedings. This involves taking an oath of allegiance and
filing the same with the civil registry.
 RA 9225- Citizen Retention and Reacquisition Act
 Natural born citizens, who lost their citizenship by reason
of their naturalization as citizens of a foreign country, are
deemed to have reacquired their Philippine citizenship
upon taking the oath of allegiance to the Republic.
 Derivative citizenship- the unmarried child below 18 yrs.
Old of those who re-acquired the citizenship shall likewise
be deemed as citizens of the Philippines.
Distinguish dual citizenship from dual allegiance
Mercado v. Manzano
Dual citizenship arises when, as a result of the concurrent
application of the laws of two or more states, a person is
simultaneously considered a citizen of those states. Dual
allegiance refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or
more states. Dual nationality is involuntary and legal, while
dual allegiance is voluntary and illegal.
ARTICLE V – SUFFRAGE
Qualifications: CODE: CD18RR
1. Citizen of the Philippines
2. Not Disqualified by law
3. At least 18 years old
4. Resident of the Philippines for at least 1 year
5. Resident of the place wherein he/she proposes to vote for at
least 6 months immediately preceding the election.
NOTE: NO literacy, property or other substantive
requirement can be imposed on the exercise of suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE – This is in reference to the 1 year residency
requirement in the Philippines. The principal elements of
domicile – physical presence in the country and intention to
adopt it as one’s domicile – must concur.
2. TEMPORARY RESIDENCE – This is in reference to the 6
month residency requirement in the place where one wants
to vote. In this case, residence can either mean domicile or
temporary residence.
Disqualifications:
1. Any person sentenced by final judgment to imprisonment of
not less than 1 year, which disability has not been removed
by plenary pardon, provided, however, That such a person
shall automatically reacquire the right
2. to vote upon expiration of 5 years after service of sentence.
3. Any person adjudged by final judgment of having violated
his allegiance to the Republic of the Philippines.
4. Insane or incompetent persons as declared by competent
 authority.
To whom does Absentee Voting apply:
1. Persons who have the qualifications of a voter but who
happen to be temporarily abroad
2. Qualified voters who are in the Philippines but are
temporarily absent from their voting places
ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Sec. 1. 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.
Classification of legislative power: (O De CO)
1. Original – Possessed by the people in their sovereign
capacity which is exercised via initiative and referendum.
2. Delegated – Possessed by Congress and other legislative
bodies by virtue of the Constitution
3. Constituent – The power to amend or revise the
Constitution
4. Ordinary – The power to pass ordinary laws
Limits on the legislative power of Congress:
1. Substantive – limitations on the content of laws.
e.g. no law shall be passed establishing a state religion.
2. Procedural – limitations on the manner of passing laws.
e.g. generally a bill must go through three readings on three
separate days.
3. Congress cannot pass irrepealable laws.
4. Congress, as a general rule, cannot delegate its legislative
power, under the maxim delegate potestas non potest
delegari (delegated power may not be delegated).
Exceptions to non-delegability of legislative power:
(PETAL)
1. Delegation to the people through initiative and referendum
2. Emergency powers delegated by Congress to the President
3. Congress may delegate tariff powers to the President
4. Delegation to administrative bodies
5. Delegation to local governments
What may Congress delegate:
Congress can only delegate, usually to administrative
agencies, RULE-MAKING POWER or LAW EXECUTION.
This involves either of two tasks for the administrative
agencies:
1. “Filling up the details” on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a “contingent” law
or provision into actual operation.
Sections 2-4. SENATE
Sections 5-7. HOUSE OF REPRESENTATIVES
Senator Representative
SENATOR HOUSE OF
REPRESENTATIVES
24 senators Not more than 250 members
35 yrs. Old 25 yrs. Old
Natural- born citizen of the Philippines
Able to read and write
Registered voter Registered voter in the
district in which he shall be
elected – n/a to party-list
Resident of the Philippines Resident of the said district
for at least 2 years for at least 1 year
immediately preceding the immediately preceding
election election – n/a to party-list
Term of 6 yrs. Term of 3 yrs.
Unless otherwise provided by law, term of office commence at
noon of June 30 next following the election
Term limit of not more Term limit of not more
than 2 consecutive years than 3 consecutive years
NOTE: The qualifications of both Senators and Members of
the House are limited to those provided by the Constitution.
Congress cannot, by law, add or subtract from these
qualifications.
Voluntary renunciation
For any length of time shall not be considered as an
interruption in the continuity of his service for the full term for
which he was elected.
District Representatives:
1. Elected from legislative districts which are apportioned in
accordance with the number of inhabitants of each area and
on the basis of a uniform and progressive ratio.
2. Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory;
3. Each city with at least 250,000 inhabitants will be entitled
to at least one representative while each province will have
at least one representative.
4. Legislative districts shall be re-apportioned by Congress
within 3 years after the return of each census.
5. The standards used to determine the apportionment of
legislative districts is meant to prevent ‘gerrymandering’,
which is the formation of a legislative district out of
separate territories so as to favor a particular candidate
or party.
Distinctions between Term and Tenure
TERM TENURE
The period during which the The period during which such
elected officer is legally officer actually holds his
authorized to assume his position
office and exercise the
powers thereof
CANNOT be reduced MAY, by law, be limited
Term Tenure
Party-List Representatives
Constitute 20% of the total number of representatives or a
maximum of 50 party-list members.
However, for 3 consecutive terms from February 2, 1987 (i.e.,
the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted
to sectoral representatives.
Under Art. XVIII, Sec. 7, the sectoral representatives are to be
appointed by the President until legislation otherwise
provides.
Mechanics of the party-list system
1. Registered organizations submit a list of candidates in order
of priority.
2. During the elections, these organizations are voted for at
large.
3. Those parties getting at least 2% of the total votes cast for
the party-list system shall be entitled to one seat each.
Those obtaining more than 2% shall be given additional
seats in proportion to their total number of votes, but none of
them shall have more than 3 seats each.
Qualifications of Party-List Representative
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election (Youth
sector nominee must be at least 25 years but not more than
30 years old on day of election)
3. Able to read and write
4. Must be a bona fide member of the party he seeks to
represent at least ninety days before election day.
Guidelines for the election of party-list representatives:
The parties or organizations must represent the marginalized
and underrepresented in section 5 of R.A. 7941 (Party-List
Law);
Political parties who wish to participate must comply with this
requirement;
1. The religious sector may not be represented;
2. The party or organization must not be disqualified under
Section 6 of R.A. 7941;
i.e. religious sector/ organization, advocates of violence or
unlawful means to seek its goal, foreign party or
organization;
3. The party or organization must not be an adjunct of or a
project organized or a entity funded or assisted by the
government;
4. Its nominees must likewise comply with the requirement of
the law;
5. Its nominees must likewise be able to contribute to the DISQUALIFICATION WHEN APPLICABLE
formation and enactment of legislation that will benefit the 1) Cannot hold any other During his term. If he does
nation. (Ang Bagong Bayani-OFW Labor Party v. office or employment in the so, he forfeits his seat.
COMELEC, GR No. 147589). Government or any
subdivision, agency or
Sec. 9. In case of vacancy in the Senate or in the House of instrumentality thereof,
Representatives, a special election may be called to fill such including GOCCS or their
vacancy in the manner prescribed by law, but the Senator or subsidiaries.
Member of the House of Representatives thus elected shall 2) Legislators cannot be IF the office was created or
serve only for the unexpired term. appointed to any office. the emoluments thereof
increased during the term for
Special Election (R.A. 6645)
which he was elected.
1. No special election will be called if vacancy occurs:
3) Legislators cannot During his term of office.
a. at least eighteen (18) months before the next regular
personally appear as counsel
election for the members of the Senate;
before any court of justice,
b. at least one (1) year before the next regular election
electoral tribunal, quasi-
members of Congress
judicial and administrative
2. The particular House of Congress where vacancy occurs
bodies.
must pass either a resolution if Congress is in session or the
4) Legislators cannot be During his term of office.
Senate President or the Speaker must sign a certification, if
financially interested directly
Congress is not in session, a. declaring the existence of
or indirectly in any contract
vacancy; b. calling for a special election to be held within
with or in any franchise, or
45 to 90 days from the date of the resolution or Certification.

special privilege granted by

3. The Senator or representative elected shall serve only for
the Government, or any
the unexpired term.
subdivision, agency or
instrumentality thereof,
Sec. 10. Salaries of Senators and Members of the House. including any GOCC or its
subsidiary.
Determination of Salaries: 5) Legislators cannot When it is for his pecuniary
Their salaries shall be determined by law. intervene in any matter before benefit or where he may be
any office of the government. called upon to act on account
Rule on increase in salaries: of his office.
No increase in their salaries shall take effect until AFTER the
EXPIRATION OF THE FULL TERM (NOT TENURE) of all
Sec. 15: REGULAR AND SPECIAL SESSIONS
the members of the Senate and the House of Representatives
approving such increase.
Regular Sessions:
NOTE: Since the Constitution ‘provides for rules on Congress convenes once every year on the 4 Monday of July
th

“salaries” and not on ‘emoluments,’ they can appropriate for
themselves other sums of money such as travel allowances, as
well as other side ‘benefits.’
Sec. 11: CONGRESSIONAL IMMUNITIES
A. Immunity from arrest:
Legislators are privileged from arrest, and not to prosecution
for criminal offenses, while Congress is “in session” only
(whether regular or special) with respect to offenses
punishable by up to 6 years of imprisonment.
B. Legislative privilege:
No member shall be questioned or held liable in anyforum
other than his/her respective Congressional body for any
debate or speech in the Congress or in any Committee thereof.
Limitation on the privilege:
1. Protection is only against prosecution in any forum other
than Congress itself. Hence, the Senate or the House, as the
case may be, may discipline their members.
2. The ‘speech or debate’ must be made in performance of
their duties as members of Congress.
3. Congress need NOT be in session when the utterance is
made, as long as it forms part of legislative action i.e. part
of the deliberative and communicative process used to
participate in legislative proceedings in consideration of
proposed legislation or with respect to other matters with
Congress’ jurisdiction.
Sec. 12. All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of
which they are authors.
Sections 13-14:CONGRESSIONAL DISQUALIFICATIONS
Disqualifications:
(unless otherwise provided for by law).
Continues in session for as long as it sees fit, until 30 days
before the opening of the next regular session, excluding
Saturdays, Sundays, and legal holidays.
Special Sessions:
Called by the President at any time when Congress is not in
session.
Sec. 16. Officers:
1) Senate President;
2) Speaker of the House; and
3) Such other officers as it may deem necessary.
Election of Officers
By a majority vote of all respective members.
Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may
compel the attendance of absent members.
3. In computing a quorum, members who are outside the
country and thus outside of each House’s coercive
jurisdiction are not included.
Internal Rules:
As part of their inherent power, they can determine their own
rules. Hence, the courts cannot intervene in the
implementation of these rules insofar as they affect the
members of Congress.
Discipline:
1. Suspension – needs concurrence of 2/3 of ALL its members
and shall not exceed 60 days. Or,
2. Expulsion - Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
General rule, the Journal is conclusive upon the courts but an
enrolled bill prevails over the contents of the Journal.
An enrolled bill is the official copy of approved legislation
and bears the certifications of the presiding officers of each
House. Thus where the certifications are valid and are not
withdrawn, the contents of the enrolled bill are conclusive
upon the courts as regards the provision of that particular bill.
Adjournments:
1. Neither House can adjourn for more than 3 days during the
time Congress is in session without the consent of the other
House.
2. Neither can they adjourn to any other place than that where
the two houses are sitting, without the consent of the other.
Sec. 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral
Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief
Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be
its Chairman.
NOTE: The congressional members of the ET’s shall be
chosen on the basis of proportional representation from the
political parties and party-list organizations.
Jurisdiction:
Each Electoral tribunal shall be the sole judge of all
CONTESTS relating to the election, returns, and
qualifications of their respective members. This includes
determining the validity or invalidity of a proclamation
declaring a particular candidate as the winner.
An ‘election contest’ is one where a defeated candidate
challenges the qualification and claims for himself the seat of
a proclaimed winner.
In the absence of an election contest, the Electoral Tribunal is
without jurisdiction. However, the power of each House to
expel its own members or even to defer their oath-taking until
their qualifications are determined may still be exercised even
without an election contest.
Issues regarding the Electoral Tribunals:
Since the Electoral Tribunals are independent constitutional
bodies,
1. Neither Congress nor the Courts may interfere with
procedural matters relating to the functions of the Electoral
Tribunals.
2. The Electoral Tribunals being independent bodies, its
members may not be arbitrarily removed from their
positions in the tribunal by the parties which they represent.
Neither may they be removed for not voting according to
party lines, since they are acting independently of
Congress.
3. The mere fact that the members of either the Senate or the
House sitting on the Electoral Tribunal are those which are
sought to be disqualified due to the filing of an election
contest against them does not warrant all of them from
being disqualified from sitting in the Electoral Tribunal.
4. Judicial review of decisions of the Electoral Tribunals may
be had with the SC only insofar as the decision or resolution
was rendered without or in excess of jurisdiction or with
grave abuse of discretion constituting denial of due process.
Sec. 18: THE COMMISSION ON APPOINTMENTS
Composition:
1. Senate President as ex-officio chairman;
2. 12 Senators; and
3. 12 Members of the House.
NOTE: The 12 Senators and 12 Representatives are elected
on the basis of proportional representation from the political
parties and party-list organizations.
Voting/Action
1. The Commission shall rule by a majority vote of all the
Members.
2. The chairman shall only vote in case of a tie.
3. The Commission on Appointments shall act on all
appointments within 30 session days from their submission
to Congress.
Jurisdiction
Commission on Appointments shall confirm the appointments
by the President with respect to the following positions:
(CODE: HAPCOO)
1. Heads of the Executive Departments (except if it is the
Vice-President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
3. Officers of the AFP from the rank of Colonel or Naval
Captain: and
4. Other officers whose appointments are vested in him by the
Constitution (e.g. COMELEC members).
Limitations
1. Congress CANNOT by law prescribe that the appointment
of a person to an office created by such law shall be subject
to confirmation by the CA.
2. Appointments extended by the President to the above-
mentioned positions while Congress is not in session shall
only be effective until disapproval by the CA or until
the next adjournment of Congress.
Meetings of the CA
 Commission on Appointments meets only while Congress
is in session.
 Meetings are held either at the call of the Chairman or a
majority of all its members.
 Since the Commission on Appointments is also an
independent constitutional body, its rules of procedure are
also outside the scope of congressional powers as well as
that of the judiciary.
NOTE: The Electoral Tribunal and the Commission on
Appointments shall be constituted within 30 days after the
Senate and the House of Representative shall have been
organized with the election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope of Legislative Inquiries:
Such must be conducted “in aid of legislation” which does not
mean that there is pending legislation regarding the subject of
the inquiry. Hence, the materiality of a question is determined
not by its connection to any actually pending legislation, but
by its connection to the general scope of the inquiry.
But, if the investigation is no longer “in aid of legislation” but
“in aid of prosecution” which the stated purpose of the
investigation is to determine the existence of violations of the
law, then it is beyond the scope of congressional powers.
Enforcement:
Congress or local government units if they are expressly
authorized to do so, has the inherent power to punish
recalcitrant witnesses for contempt, and may have them
incarcerated until such time that they agree to testify. The
continuance of such incarceration only subsists for the
lifetime, or term, of such body.
Thus, each ‘Congress’ of the House lasts for only 3 years. But
if one is incarcerated by the Senate, it is indefinite because the
Senate, with its staggered terms, is a continuing body.
Limitations:
1. The inquiry must in aid of legislation.
2. The inquiry must be conducted in accordance with the ‘duly
published rules of procedure’ of the House conducting the
inquiry; and
3. The rights of persons appearing in or affected by such
inquiries shall be respected.
Ex. The right against self-incrimination.
Question Hour -- Appearance of department heads before
Congress:
Under the principle of separation of powers, department heads
cannot be compelled to appear before Congress. Neither may
the department heads impose their appearance upon Congress.
Department heads may appear before Congress in the
following instances:
1. Upon their own initiative, with the consent of the
President (and that of the House concerned); or
2. Upon the request of either House (which cannot compel
them to attend).
And, their appearance will be conducted in EXECUTIVE
SESSION when:
1. Required by the security of state or required
by public interest; and
2. When the President so states in writing
Questions Legislative
Hour Investigation
(Sec.22, Art.VI) (Sec.21, Art.VI)
As to persons who Only a department Any person
may appear Head
As to who Entire body Committees
conducts the
investigation
As to the Matters related Any matter for
subject matter to the department the purpose of
only legislation
Senate of the Philippines vs. Eduardo Ermita*
(G.R. No. 169777) (20 April 2006)
EO 464: ENSURING OBSERVANCE OF THE
PRINCIPLE OF SEPARATION OF POWERS,
ADHERENCE TO THE RULE ON EXECUTIVE
PRIVILEGE AND RESPECT FOR THE RIGHTS OF
PUBLIC OFFICIALS APPEARING IN LEGISLATIVE
INQUIRIES IN AID OF LEGISLATION UNDER THE
CONSTITUTION AND FOR OTHER PURPOSES.
Facts:
Several invitations were issued by the Senate to various
officials of the Executive Department including officials of the
AFP for them to appear as resource speakers in a public
hearing on the alleged overpricing and unlawful provisions of
the contract covering the North Rail Project.
However, they received a letter requesting a postponement of
the hearing in order to be given opportunity to prepare for the
various issues involved.
However, Senator Drilon said that the request was belatedly
sent and all preparation were already made, thus,
postponement is impossible. On that same day, the President
issued EO 464 which, pursuant to Section 6 thereof, took
effect immediately.
Such law provides that “all heads of departments of the
Executive Branch of the government shall secure the
consent of the President prior to appearing before either
House of Congress”. And, this does not only cover
department heads but several officials which, in the discretion
of the president, are covered by the executive privilege.
This need for prior consent is based on the executive
privilege, defined as the power of the Government to
withhold information from the public, the courts and
the Congress.
Because of this law, the Senate was informed that no
officer of the Executive Branch can attend the hearing without
seeking approval from the President while those military
officials who testified without the approval from the President
were relieved. Thus,several petitions were filed questioning
the said EO.
Issue:
• W/N the petitioners have standing to file the suit?
• W/N EO 464 is unconstitutional for violating the certain
provisions of the constitutions?
Held:
The petitions were partly granted. Section 2b and 3of EO 464
are void while section 1 and 2A are valid.
Ratio:
A. Standing:
• The Senate of the Philippines - EO 464 stifles its
fundamental right in making sound legislation.
• Party list representatives - allowed to sue absent any claim
that an investigation called by the House of Representative
was aborted due to the implementation of EO 464.
• Individuals (e.g. Francisco Chavez) - well settled rule that
when suing as a citizen the interest of the petitioner assailing
the constitutionality of the laws, PD, EO orders and other
regulations must be direct and personal. In Francisco v
House of Representatives, the court held when the
proceeding involves the assertion of a public right, the mere
fact that he is a citizen satisfies the requirement of personal
interest.
• As for PDP-Laban - the court held that the said group is
bereft of standing to file the present petition. For one to be
accorded standing on the ground of transcendental
importance, it must be established that (1) the character of the
funds (public) or other assets are involved in this case, (2)
the presence of clear case of disregards of a constitutionality
or statutory provision, (3) lack of any party with a more direct
and specific interest in raising the questions being raised. The
first and last are lacking since no public funds or assets are
involve in the present petition.
Constitutionality of EO 464
The Congress has the power of inquiry as provided in Section
21 of Article VI. Such power – with the process to enforce it –
is an essential and appropriate auxiliary to the legislative
function. A legislative body cannot legislate wisely or
effectively in the absence of information respecting the
conditions which the legislation is intended to affect or
change [Arnault vs. Nazareno, 87 Phil 29 (1950)].
This power is broad enough to cover officials of the executive
branch.
Therefore, when congress exercises its power of inquiry, the
only way for department heads to exempt themselves
therefrom is by a valid claim of privilege. They are not exempt
by the mere fact that they are department heads. Only one
executive official may be exempted from this power – the
president. Section 1 therefore, in view of its specific
reference to Section 22 of Article VI of the constitution and
the absence of any reference to inquiries in aid of legislation,
must be construed tobe limited in its application to
appearances of department heads in the question hour. The
requirement then to secure presidential assent is limited as it
is only to appearances in the question hour, is valid on its
face.
However, the provision which requires all the public officials,
enumerated in the law, to secure the consent of the President
prior to appearing before either house of Congress is too
broad. Under the rule of ejusdem generis, the determination
by the president under this provision is intended to be
based on a similar finding of coverage underexecutive
privilege. Executive privileges are properly involved to
specific categories of information and to categories of
persons. Assuming that the order refers to “officials in
possession of information”, whenever an official involves EO
464 to justify his failure to be present, such invocation must
be
construed as a declaration to Congress that the President has
determined that the requested information is privileged. Such
declaration however, even without mentioning the term
“executive privilege” amounts to an implied claim that the
information is privileged.

However, in the letter of Sec. Ermita, there is no explicit
invocation of executive privilege.
Section 3 cannot be dismissed outright as invalid by the mere
fact that it sanctions claims of executive privilege. Claims of
privilege must be assessed on a case to case basis, examining
the ground involved and circumstances surrounding them.
What is important is that the President asserts such a
privilege.
However, in the case at bar, such a claim is not asserted,
Instead of providing precise and certain reasons from the
claim, the letter of Sec. Ermita merely invokes 464 coupled
with an announcement that the President has not given her
consent. This frustrates the power of inquiry of the Congress.
Section 2b in relation to section 3provides that once a head of
office determines that certain information is privileged, such a
determination is presumed to bear the President’s authority.
These provisions thus allow the President to authorize claims
of privilege by mere silence. In fine, Section 3 and Section 2 of
EO 464 must be invalidated.
Sections 23-24. DECLARATION OF WAR/EMERGENCY
POWERS
Vote requirement: (to declare the existence of a state of
war) 1. 2/3 of both Houses, 2. in joint session
3. Voting separately
Emergency powers:
During times of war or other national emergency, Congress
may, BY LAW, authorize the President to exercise powers
necessary and proper to carry out a declared national policy.
Such powers expires
1. by resolution of Congress or
2. upon the next adjournment of Congress
Limitations:
1. Powers will be exercised for a limited period only; and
2. Powers will be subject to restrictions prescribed by
Congress.
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of
Representatives (Sec. 24) (CODE: A R T Pu Lo P)
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills
NOTE: The Senate may, however, propose or concur with
amendments.
Appropriation bills
The primary and specific aim of an appropriation bill is to
appropriate a sum of money from the public treasury.
E.g. Budget
BUT: A bill creating a new office, and appropriating
funds therefor is NOT an appropriation bill.
Revenue Bill
A revenue bill is one specifically designed to raise money or
revenue through imposition or levy. But a provision in, for
instance, the Videogram Regulatory Board law imposing a tax
on video rentals does not make the law a revenue bill.
Bills of local application
A bill of local application, such as one asking for the
conversion of a municipality into a city, is deemed to have
originated from the House provided that the bill of the House
was filed prior to the filing of the bill in the Senate even if, in
the end, the Senate approved its own version.
Limitations:
A. For appropriation bills:
1. Cannot increase the appropriations recommended by the
President for the operation of the Government as
specified in the budget.
2. Must relate specifically to some particular appropriation
therein and any such provision or enactment must be
limited in its operation to the appropriation to which it
relates.
3. The procedure in approving appropriations for Congress
shall strictly follow the procedure for approving
appropriations for other departments and agencies.
4. A special appropriations bill must specify the purpose
for which it is intended and must be supported by funds
actually available as certified by the National Treasurer
or to be raised by a corresponding revenue proposal
therein.
Transfer of appropriations:
Rule: No law shall be passed authorizing any transfer of
appropriations BUT the following may, BY LAW, be
authorized to AUGMENT any item in the general
appropriations law for their respective offices from
savings in other items of their respective appropriations.
1. President
2. President of the Senate
3. Speaker of the House of Representatives
4. Chief Justice of the Supreme Court
5. Heads of the Constitutional Commissions
Discretionary funds appropriated for particular
officials shall be:
1. Disbursed only for public purposes;
2. Should be supported by appropriate vouchers; and
3. Subject to guidelines as may be prescribed by law.
NOTE: If Congress fails to pass General Appropriations Bill
(GAB) by the end of any fiscal year:
The GAB for the previous year is deemed reenacted
It will remain in full force and effect until the GAB is
passed by Congress.
B. For law granting tax exemption:
Concurrence of a MAJORITY of ALL the members of
Congress.
C. For bills in general
Every bill shall embrace only one (1) subject, as expressed in
the title thereof, which does not have to be a complete
catalogue of everything stated in the bill. A title expressing the
general subject of the bill and all the provisions of the statute
are germane to that general subject is sufficient.
Readings
Each bill must pass three (3) readings in both Houses which
shall be held on separate days & printed copies thereof in its
final form shall be distributed to its Members three (3) days
before its passage.
Exception: If a bill is certified as urgent by the President as to
the necessity of its immediate enactment to meet a public
calamity or emergency, the 3 readings can be held on the same
day.
First reading – only the title is read; the bill is passed to the
proper committee
Second reading – Entire text is read and debates are held, and
amendments introduced.
Third reading – only the title is read, no amendments are
allowed. Vote shall be taken immediately
thereafter and the yeas and nays entered in
the journal.
Veto power of President:
1. Must be presented to and signed by the President.
2. May veto the same and return it with his objections to
the House from which it originated. The House shall
enter the objections in the Journal and proceed to
reconsider it.
3. The President must communicate his decision to veto
within 30 days from the date of receipt thereof. If he
fails to do so, the bill shall become a law as if he
signed it.
 4. This rule eliminates the ‘pocket veto’ whereby the
President would simply refuse to act on the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the
members of each House must agree to pass the bill. In
such case, the veto is overridden and becomes a law
without need of presidential approval.
General Rule: If the president disapproves a bill enacted by
Congress, he should veto the entire bill.
He is not allowed to veto separate items of a bill.
Exception: Item veto in the case of appropriation, revenue,
and tariff bills
Definition of item
BILL ITEM
1. Revenue/tax bill Subject of the tax and the tax rate
imposed thereon
2. Appropriations bill Indivisible sum
dedicated to a stated
purpose
Exceptions to the Exception:
1. Doctrine of Inappropriate Provisions- a
provision that is constitutionally inappropriate for an
appropriation bill may be singled for veto even if it is
not an appropriation or revenue “item” (Gonzales vs.
Macaraig, 191 SCRA 452)
2. Executive Impoundment- refusal of the President
to spend funds already allocated by Congress for
specific purpose. It is the failure to spend or obligate
budget authority of any type (Philconsa vs. Enriquez,
G.R. No. 113105. August 19, 1994)
Veto of RIDER
A rider is a provision which does not relate to a
particular appropriation stated in the bill.
Since it is an invalid provision under Section 25(2),
the President may veto it as an item.
Specific limitations on legislation
No law shall be enacted increasing the Supreme
Court’s appellate jurisdiction without the SC’s advice
and concurrence.
No law shall be enacted granting titles of royalty or
nobility.
Sec. 28. POWER TO TAX
Limitations: (UP DEP)
1. The rule of taxation should be UNIFORM
2. It should be EQUITABLE
3. Congress should evolve a PROGRESSIVE
system of taxation.
4. The power to tax must be exercised for a
Public purpose because the power exists for
the general welfare
5. The Due process and equal protection
clauses of the Constitution should be
observed.
Delegation of power to fix rates
Congress may, BY LAW, authorize the President to
fix the following:
1. Tariff rates
2. Import and Export Quotas
3. Tonnage and wharfage dues
4. Other duties and imposts
Within the framework of the national development
program of the Government
Constitutional tax exemptions:
The following properties are exempt from REAL
PROPERTY taxes
(CODE: Cha Chu M- CA)
1. Charitable institutions
2. Churches, and parsonages or convents
appurtenant thereto
3. Mosques
4. Non-profit cemeteries; and
5. All lands, buildings and improvements
actually, directly and exclusively used for
religious, charitable, or educational purposes.
NOTE: All revenues and assets of NON-STOCK
NON-PROFIT EDUCATIONAL institutions are
exempt from taxes and duties PROVIDED that such
revenues and assets are actually, directly and
exclusively used for educational purposes. (Art. XIV
Sec. 4 (3))
Grants, endowments, donations or contributions used
actually, directly and exclusively for educational
purposes shall be exempt from tax. This is subject to
conditions prescribed by law. (Art. XIV. Sec. 4 (4))
Sec. 29. Power of the Purse
No money shall be paid out of the National Treasury
EXCEPT in pursuance of an appropriation made by
law.
BUT: This rule does not prohibit continuing
appropriations. e.g. for debt servicing. This is
because the rule does not require yearly, or annual
appropriation.
Limitations.
1. Appropriations must be for a PUBLIC
PURPOSE
2. Cannot appropriate public funds or property,
directly or indirectly, in favor of
a. any sect, church, denomination, or
sectarian institution or system of
religion or
b. Any priest, preacher, minister, or
other religious teacher or dignitary as
such. EXCEPT if the priest, etc is
assigned to:
i. the Armed Forces; or
ii. any penal institution; or
iii. government orphanage; or
iv. leprosarium
NOTE: BUT the government is not prohibited from
appropriating money for a valid secular purpose,
even if it incidentally benefits a religion, e.g.
appropriations for a national police force is valid even
if the police also protects the safety of clergymen.
ALSO, the temporary use of public property for
religious purposes is valid, as long as the property is
available for all religions
Special Funds
Money collected on a tax levied for a special purpose
shall be treated as a special fund and paid out for
such purpose only.
Once the special purpose is fulfilled or abandoned,
any balance shall be transferred to the general funds
of the Government
Sec. 32. INITIATIVE AND REFERENDUM
Initiative: The power of the people to propose
amendments to the Constitution or to propose and
enact legislation called for the purpose.
Referendum: Power of the electorate to approve or
reject legislation through an election called for the
purpose.
Required Petition
1. Should be signed by at least 10% of the total
number of registered voters
2. Every legislative district should be
represented by at least 3% of the registered
voters
3. Petition should be registered
ARTICLE VII. THE EXECUTIVE DEPARTMENT
Sec. 1. Executive Power
Scope:
1. Executive power is vested in the President of
the Philippines.
2. Such is not limited to those set forth in the
constitution. The SC, in Marcos v.
Manglapus, referred to the RESIDUAL
powers of the President as the Chief
Executive of the country, which powers
include others not set forth in the
Constitution. EXAMPLE: The President is
immune from suit and criminal prosecution
while he is in office.
3. Privilege of immunity from suit is personal to
the President and may be invoked by him
alone. It may also be waived by the
President, as when he himself files suit.
4. BUT The President CANNOT dispose of
state property unless authorized by law.
Pimentel, Jr. v. Ermita* (472 SCRA 587) (October President until someone
13, 2005) is qualified/chosen as
Ratio: President.
“The power to appoint is essentially executive in President-elect
nature, and the legislative may not interfere with the dies or is
exercise of this executive power except in those permanently
instances when the Constitution expressly allows it to disabled.
interfere.” VP becomes President.
Sec. 2 Qualifications Both President
President Vice President and VP-elect are
At least 40 years old on the day of election not chosen or do
Natural- born citizen of the Philippines not qualify or both
Able to read and write die, or both
Registered voter become
Resident of the Philippines for at least 10 years permanently
immediately preceding the election 1) Senate President or
Term of 6 yrs. 2) In case of his
Unless otherwise provided by law, term of office inability, the Speaker
commence at noon of June 30 next following the of the House shall act
lection as President until a
Single term only; not President or a VP
eligible for any shall have been
reelection disabled. chosen and qualified.
Any person who has In case of death or
succeeded as disability of (1) and (2),
President, and served Congress shall
as such for more than determine, by law, who
4 years shall NOT be will be the acting
qualified for election to President.
the same office at any 2. Vacancies after the office is initially filled:
time. VACANCY SUCCESSOR
Term limitation: 2 President dies, is
successive terms. permanently
Sec. 4. MANNER OF ELECTION/ TERM OF disabled, is
OFFICE impeached, or
Manner of Election resigns.
1. The President and Vice-President shall be Vice-President
elected by direct vote of the people. becomes President for
2. Election returns for President and Vice- the unexpired term.
President, as duly certified by the proper Both President and
Board of Canvassers shall be forwarded to Vice-President die,
Congress, directed to the Senate President. become permanently
3. Not later than 30 days after the day of the disabled, are
election, the certificates shall be opened in impeached, or
the presence of both houses of Congress, resign.
assembled in joint public session. 1. Senate President
4. The Congress, after determining the or
authenticity and due execution of the 2. In case of his
certificates, shall canvass the votes. inability, the
5. The person receiving the highest number of Speaker of the
votes shall be proclaimed elected. House shall act as
6. In case of a tie between 2 or more President until the
candidates, one shall be chosen by a President or VP
majority of ALL the members of both Houses, shall have been
voting separately. In case this results in a elected and
deadlock, the Senate President shall be the qualified.
acting President until the deadlock is 3. Vacancy in office of Vice-President during the term
broken. for which he was elected:
7. The Supreme Court en banc shall act as the a) President will nominate new VP from any
sole judge over all contests relating to the member of either House of Congress.
election, returns, and qualifications of the b) Nominee shall assume office upon
President or Vice-President and may confirmation by majority vote of ALL
promulgate its rules for the purpose members of both Houses, voting separately.
Sec. 6. SALARIES AND EMOLUMENTS (Nominee forfeits seat in Congress)
1. Official salaries are determined by law. 4. Election of President and Vice-President after
2. Salaries cannot be decreased during the vacancy during term
TENURE of the President and the Vice- a) Congress shall convene 3 days after the
President. vacancy in the office of both the President
3. Increases take effect only after the expiration and the VP, without need of a call. The
of the TERM of the incumbent during which convening of Congress cannot be
the increase was approved. suspended.
4. Prohibited from receiving any other b) Within 7 days after convening, Congress
emolument from the government or any other shall enact a law calling for a special election
source during their TENURE to elect a President and a VP. The special
Sections 7-12. PRESIDENTIAL SUCCESSION election cannot be postponed.
1. Vacancies at the beginning of the term c) The special election shall be held not earlier
VACANCY SUCCESSOR than 45 days not later than 60 days from the
President-elect time of the enactment of the law.
fails to qualify or to d) The 3 readings for the special law need not
be chosen be held on separate days.
VP-elect will be Acting e) The law shall be deemed enacted upon its
approval on third reading. interested in any
BUT: No special election shall be called if the contract with, or in any
vacancy occurs within 18 months before the date franchise, or special
of the next presidential election. privilege granted by
5. TEMPORARY DISABILITY of the President: The the government or any
temporary inability of the President to discharge his subdivision, agency or
duties may be raised in either of two ways: instrumentality thereof,
a) By the President himself, when he sends a including GOCC's or
written declaration to the Senate President their subsidiaries.
and the Speaker of the House. In this case, N.B. The rule on
the Vice-President will be Acting President disqualifications for the
until the President transmits a written President and his Cabinet
declaration to the contrary. are stricter than the normal
b) When a majority of the Cabinet members rules applicable to
transmit to the Senate President and the appointive and elective
Speaker their written declaration. officers under Art. IX-B,
i. The VP will immediately be Acting Sec. 7.
President. Spouses and 4th
ii. BUT: If the President transmits a degree relatives of
written declaration that he is not the President
disabled, he reassumes his position (consanguinity or
iii. If within 5 days after the President reassumes affinity)
his position, the majority of Cannot be appointed
the Cabinet retransmits their written during President’s tenure
declaration, Congress shall decide the as:
issue. In this event, Congress shall 1) Members of the
reconvene within 48 hours if it is not in Constitutional
session, without need of a call. Commissions;
iv. Within 10 days after Congress is 2) Office of the
required to assemble, or 12 days if Ombudsman;
Congress is not in session, a 2/3 3) Department
majority of both Houses, voting Secretaries;
separately, is needed to find the 4) Department undersecretaries;
President temporarily disabled, in 5) Chairman or heads of
which case, the VP will be Acting bureaus or offices
President. including GOCC’s and
6. Presidential Illness: their subsidiaries.
a) If the President is seriously ill, the public N.B.
must be informed thereof. 1) If the spouse, etc.,
b) Even during such illness, the National was already in any of
Security Adviser, the Secretary of Foreign the above offices at
Affairs, and the Chief of Staff of the AFP are the time before his/her
entitled to access to the President spouse became
Sec. 13. DISQUALIFICATIONS President, he/she may
SUBJECT SOURCE OF continue in office.
DISQUALIFICATION What is prohibited is
President, Vice- appointment and
President, Cabinet reappointment, NOT
Members, continuation in office.
Deputies or 2) Spouses, etc., can be
Assistants of appointed to the
Cabinet Members judiciary and as
Prohibited from: ambassadors and
1) Holding any office or consuls.
employment during Sections 14-16. POWER TO APPOINT
their tenure, UNLESS: Principles:
• otherwise Power to appoint is executive in nature. While
provided in the Congress (and the Constitution in certain cases) may
Constitution (e.g. prescribe the qualifications for particular offices, the
VP can be determination of who among those who are qualified
appointed a will be appointed is the President’s prerogative.
Cabinet Member, Scope:
Sec. of Justice sits The President shall appoint the following:
on Judicial and 1. Heads of executive departments (CA
Bar Council); or confirmation needed):
• the positions are 2. Ambassadors, other public ministers, and
ex-officio and they consuls (CA confirmation needed).
do not receive any 3. Officers of AFP from rank of colonel or naval
salary or other captain (CA confirmation needed).
emoluments 4. Other officers whose appointment is vested in
therefor (e.g. Sec. him by the Constitution (CA confirmation
of Finance is head needed), such as:
of Monetary a. Chairmen and members of the
Board). COMELEC, COA and CSC.
2) Practicing, directly or b. Regular members of the Judicial and Bar
indirectly, any other Council.
profession during their c. The Ombudsman and his deputies;
tenure; d. Sectoral representatives in Congress.
3) Participating in any N.B. President also appoints members of the
business; Supreme Court and judges of the lower courts,
4) Being financially but these appointments do not need CA
confirmation.
5. All other officers whose appointments are not
otherwise provided for by law; and those whom
he may be authorized by law to appoint.
a. This includes the Chairman and
members of the Commission on Human
Rights, whose appointments are
provided for by law NOT by the
Constitution.
b. Congress may, by law, vest the
appointment of other officers lower in
rank in the President alone or in the
courts, or in the heads of departments,
agencies, boards or commissions.
c. BUT: Congress cannot, by law, require
CA confirmation of the appointment of
other officers for offices created
subsequent to the 1987 Constitution (e.g.
NLRC Commissioners, Bangko Sentral
Governor).
d. ALSO: Voluntary submission by the
President to the CA for confirmation of an
appointment which is not required to be
confirmed does not vest the CA with
jurisdiction. The President cannot extend
the scope of the CA’s power as provided
for in the Constitution.
Procedure:
1. CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
NOTE: At any time before all four steps have
been complied with, the President can withdraw
the nomination/appointment.
2. No CA confirmation:
a) Appointment; and
b) Acceptance.
NOTE: Once appointee accepts, President can
no longer withdraw the appointment.
Ad-interim appointments:
1. When Congress is in recess, the President
may still appoint officers to positions subject
to CA confirmation.
2. These appointments are effective
immediately, but are only effective until they
are disapproved by the CA or until the next
adjournment of Congress.
3. Appointments to fill an office in an ‘acting’
capacity are NOT ad-interim in nature and
need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the
elected President within 90 days from his assumption
or re-assumption of office.
Limitation
1. 2 months immediately before the next
Presidential elections, and up to the end of
his term, the President or Acting President
SHALL NOT make appointments. This is to
prevent the practice of ‘midnight
appointments.”
2. EXCEPTION:
a) Can make TEMPORARY
APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will
prejudice public service or endanger
public safety.
Sec. 17. Power of Control and Supervision
POWER OF CONTROL:
The power of an officer to alter, modify, or set aside
what a subordinate officer has done in the
performance of his duties, and to substitute the
judgment of the officer for that of his subordinate.
The President’s power over government-owned
corporations comes not from the Constitution but
from statute. Hence, it may be taken away by
statute.
Qualified Political Agency:
Generally the acts of these department heads, etc,
which are performed and promulgated in the regular
course of business, are presumptively the acts of the
President.
Exception:
a. If the acts are disapproved or reprobated by
the President.
b. If the President is required to act in person by
law or by the Constitution Example: The power
to grant pardons must be exercised personally
by the President
NOTE: Under Administrative Law, decisions of
Department Secretaries need not be appealed to the
President in order to comply with the requirement of
exhaustion of administrative remedies.
Disciplinary Powers:
The power of the President to discipline officers flows
from the power to appoint the officer, and NOT from
the power to control.
BUT While the President may remove from office
those who are not entitled to security of tenure, or
those officers with no set terms, such as Department
Heads, the officers, and employees entitled to
security of tenure cannot be summarily removed from
office.
Power of Supervision:
This is the power of a superior officer to ensure that
the laws are faithfully executed by subordinates.
The power of the president over local government
units is only of general supervision. Thus, he can
only interfere with the actions of their executive
heads if these are contrary to law.
The execution of laws is an OBLIGATION of the
President. He cannot suspend the operation of laws.
The power of supervision does not include the power
of control; but the power of control necessarily
includes the power of supervision.
Sec. 18. COMMANDER-IN-CHIEF POWERS
Scope:
Being the Commander-in-Chief of the Armed Forces,
whenever necessary, the President may call out the
AFP
1. to PREVENT or SUPPRESS:
a. Lawless violence;
b. Invasion; or
c. Rebellion.
2. May also:
a. Suspend the privilege of the writ of
habeas corpus; and
b. Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas
corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL
and not merely imminent.
3. Limitations:
a. Suspension or proclamation is effective
for only 60 days.
b. Within 48 hours from the declaration or
suspension, the President must submit a
report to Congress.
c. Congress, by majority vote and voting
jointly, may revoke the same, and the
President cannot set aside the
revocation.
d. In the same manner, at the President’s
initiative, Congress can extend the same
for a period determined by Congress if:
4. Invasion or rebellion persist and
5. Public safety requires it.
NOTE: Congress CANNOT extend the period motu
propio.
e. Supreme Court review:
i. The appropriate proceeding can
be filed by any citizen.
ii. The SC can review the
FACTUAL BASIS of the
proclamation or suspension.
iii. Decision is promulgated within
30 days from filing.
f. Martial Law does NOT:
i. Suspend the operation of the
Constitution.
ii. Supplant the functioning of the
civil courts or legislative
assemblies.
iii. Authorize conferment of
jurisdiction on military courts
over civilians where civil courts
are able to function and
iv. Automatically suspend the
privilege of the writ of habeas
corpus.
g. Suspension of privilege of the writ of
habeas corpus:
i. Applies ONLY to persons judicially
charged for rebellion or offenses
inherent in or directly connected
with invasion.
ii. Anyone arrested or detained
during suspension must be
charged within 3 days. Otherwise
he should be released.
NOTE: While the suspension of the privilege of writ
and the proclamation of martial law is subject to
judicial review, the actual use by the President of the
armed forces is not. Thus, troop deployments in
times of war are subject to the President’s judgment
and discretion.
Declaration of State of Rebellion
IBP v. Zamora, G.R. 141284
The factual necessity of calling out the armed
forces is something that is for the President to
decide, but the Court may look into the factual basis
of the declaration to determine if it was done with
grave abuse of discretion amounting to lack of
jurisdiction.
David v. Macapagal-Arroyo* G.R. No.
171396, May 3, 2006
Facts:
President Arroyo issued Presidential
Proclamation No. 1017 declaring a state of national
emergency, stating that the proximate cause behind
the executive issuances was the conspiracy among
members of the political opposition in a plot to unseat
or assassinate President Arroyo.
By virtue of PP1017, political rallies were
cancelled, rallyists were violently dispersed, and
warrantless arrests and take-over of facilities,
including media, were implemented.
On March 3, 2006, PGMA issued PP1021
declaring that the state of national emergency has
ceased to exist.
Issues:
A. PROCEDURAL
1. W/N the issuance of PP 1021 renders the
petitions moot and academic
2. W/N the petitioners in 171485 (Escudero,
et.al), 171400 (Alternative Law Groups, Inc.),
171483 (Kilusang Mayo Uno, et al.), 171489
(Cadiz, et.al.), and 171424 (Legarda) have
legal standing.
B. SUBSTANTIVE
1. W/N the SC can review the factual bases of
PP 1017
2. W/N PP 1017 and G.O. 5 are
unconstitutional
a. Facial Challenge
b. Constitutional Basis
c. As Applied Challenge
Held:
A. Procedural
1. PGMA’s issuance of PP 1021 did not render
the present petitions moot and academic.
Courts will decide cases, otherwise moot and
academic, if: first, there is a grave violation of
the Constitution; second, the exceptional
character of the situation and the paramount
public interest is involved; third, when
constitutional issue raised requires
formulation of controlling principles to guide
the bench, the bar, and the public; and
fourth, the case is capable of repetition yet
evading review.
2. All petitioners have locus standi. Even if the
plaintiff who asserts a “public right”, fails to
prove that he has a “personal and substantial
interest in the case such that he has
sustained, or will sustain direct injury as a
result”, the requirement of locus standi may
be waived by the Court in the exercise of its
discretion, under the principle of
“transcendental importance”, provided the
following requirements are met:
a. the cases involve constitutional
issues
b. for taxpayers, there must be a claim
of illegal disbursement of public
funds or that the tax measure is
unconstitutional;
c. for voters, there must be a showing
of obvious interest in the validity of
the election law in question;
d. for concerned citizens, there must be
a showing that the issues raised are
of transcendental importance which
must be settled early;
e. for legislators, there must be a claim
that the official action complained of
infringes upon their prerogatives as
legislators
3. it is not proper to implead PGMA as a
respondent. Settled is the doctrine that the
President, during his tenure of office or actual
incumbency, may not be sued in any civil or
criminal cases, and there is no need to
provide for it in the Constitution or law.
A. SUBSTANTIVE
1. Review of Factual Bases
4. As to how the Court may inquire into the
President’s exercise of power, in Lansang v.
Garcia, it adopted the test that “judicial
inquiry can go no further than to satisfy the
Court not that the President’s decision is
correct but that the President did not act
arbitrarily. Thus, the standard laid down is
not correctness, but arbitrariness.
5. Hence, it is incumbent upon the petitioner to
show that the President’s decision is totally
bereft of factual basis of which they failed to
show that PGMA’s exercise of the calling-out
power, by issuing PP 1017, is totally bereft of
factual basis.
B. Substantive
The Petitions are partly granted.
1. The Court rules that PP 1017 is
CONSTITUTIONAL insofar as it constitutes a call by
President Gloria Macapagal-Arroyo on the AFP to
prevent or suppress lawless violence, which pertains
to a spectrum of conduct, and not free speech, which
is manifestly subject to state regulation.
2. However, the provisions of PP 1017
commanding the AFP to enforce laws not related to
lawless violence, as well as decrees promulgated by
the President, are declared UNCONSTITUTIONAL.
The assailed PP 1017 is unconstitutional insofar as it
grants PGMA the authority to promulgate “decrees.”
Legislative power is peculiarly within the province of
the Legislature. She can only order the military, under
PP 1017, to enforce laws pertinent to its duty to
suppress lawless violence.
3. In addition, the provision in PP 1017 declaring
national emergency under Section 17, Article VII of
the Constitution is CONSTITUTIONAL, but such
declaration does not authorize the President to take
over privately-owned public utility or business
affected with public interest without prior legislation.
4. G.O. No. 5 is CONSTITUTIONAL since it provides
a standard by which the AFP and the PNP should
implement PP 1017, i.e. whatever is “necessary and pardon restores.
appropriate actions and measures to suppress and Conditional does not.
prevent acts of lawless violence.” Considering that Civil indemnity is not
“acts of terrorism” have not yet been defined and extinguished.
made punishable by the Legislature, such portion of May be granted before
G.O. No. 5 is declared UNCONSTITUTIONAL. or after conviction
Hence, the various warrantless arrest; the imposition Only granted after
of standards on media or any form of prior restraint conviction by final
on the press, as well as the warrantless search of the judgment
Tribune offices and whimsical seizure of its articles Sec. 20. Power to Contract or Guarantee Foreign
for publication and other materials, are declared Loans
UNCONSTITUTIONAL for PP 1017 is merely an Limitations:
invocation of the President’s calling-out power; there 1. The President may contract or guarantee foreign
is nothing in it allowing the police, expressly or loans on behalf of the Republic of the Philippines
impliedle, to conduct illegal arrest, search, or violate with the prior concurrence of the Monetary Board;
the citizen’s constitutional rights. and
Sec. 19: EXECUTIVE CLEMENCY 2. Subject to such limitations as may be provided by
Scope: law.
After conviction by final judgment, the President may a. Monetary Board shall submit to Congress
grant the following: [ Pa R C Re] report on loans within 30 days from the end of
1. Pardons (conditional or plenary) every quarter.
2. Reprieves Section 21. Foreign Relations Powers
3. Commutations include:
4. Remittance of fines and forfeitures 1. Power to negotiate treaties and other international
NOTE: The power to grant clemency includes cases agreements BUT: Such treaty or international
involving administrative penalties. agreement needs to pass to the Senate which
Where a conditional pardon is granted, the has the following options:
determination of whether it has been violated rests a. Approve with 2/3 majority;
with the President. b. Disapprove outright; or
Limitations: c. Approve conditionally, with suggested
A. Cannot be granted: amendments which if re-negotiated and the
1. Before conviction Senate’s suggestions are incorporated, the
In cases of impeachment treaty will go into effect without need of
2. For violations of election laws, rules, and further Senate approval
regulations without the favorable However, if re-negotiated, there is no treaty. If there’s
recommendation of the COMELEC conflict between treaty and municipal law, then
3. In cases of civil or legislative contempt under;
B. As to effect: a. Philippine Courts: The later enactment will
1) Does not absolve civil liabilities for an prevail, be it treaty or law, as it is the latest
offense. expression of the State’s will.
2) Does not restore public offices already b. International tribunal: Treaty will always
forfeited, although eligibility for the same may prevail. A State cannot plead its municipal
be restored. law to justify noncompliance with an
Amnesty: international obligation.
An act of grace concurred in by Congress, usually NOTE: While our municipal law makes a
extended to groups of persons who commit political distinction between international agreements
offenses, which puts into oblivion the offense itself. and executive agreements, with the former
President alone CANNOT grant amnesty for it needs requiring Senate approval and the latter not
the concurrence by a majority of all the members of needing the same, under international law,
Congress. there is no such distinction.
When a person applies for amnesty, he must admit NOTE: The President cannot, by executive
his guilt of the offense which is subject to such agreement, undertake an obligation which
amnesty. If his application is denied, he can be indirectly circumvents a legal prohibition.
convicted based on this admission of guilt. 2. Power to appoint ambassadors, other public
Amnesty V. Pardon ministers, and consuls.
AMNESTY PARDON 3. Power to receive ambassadors and other public
Addressed to ministers accredited to the Philippines.
POLITICAL offenses 4. Power to contract and guarantee foreign loans
Addressed to on behalf of the Republic
ORDINARY offenses 5. Power to deport aliens
Granted to a CLASS of a. This power is vested in the President by
persons virtue of his office, subject only to
Granted to restrictions as may be provided by
INDIVIDUALS legislation as regards to the grounds for
Need not be accepted Must be accepted deportation.
Requires concurrence of b. In the absence of any legislative restriction
majority of all members to authority, the President may still exercise
of Congress this power.
No need for c. The power to deport aliens is limited by the
Congressional requirements of due process, which entitles
concurrence the alien to a full and fair hearing.
A public act. Subject to d. BUT: The alien is not entitled to bail as a
judicial notice matter of right.
Private act of President. ARTICLE VIII. THE JUDICIAL DEPARTMENT
It must be proved. Sec. 1. JUDICIAL POWER
Extinguishes the offense Definition:
itself Judicial power is the authority to settle justiciable
Only penalties are controversies or disputes involving rights that are
extinguished. enforceable and demandable before the courts of
May or may not restore justice or the redress of wrongs for violations of such
political rights. Absolute rights.
To whom vested:
Supreme Court and such lower courts as may be
established by law. Hence, they may neither attempt
to assume or be compelled to perform non-judicial
functions. They may not be charged with
administrative functions except when reasonably
incidental to the fulfillment of their duties.
The duties of the courts are
1. to settle actual controversies involving rights
which are legally demandable and
enforceable; and
2. To determine whether or not there has been a
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any
branch or instrumentality of the government.
Note: The courts cannot be asked for advisory
opinions.
Political Questions:
A ‘POLITICAL QUESTION’ is one the resolution of
which has been vested by the Constitution
exclusively in either the people, in the exercise of
their sovereign capacity, or in which full discretionary
authority has been delegated to a co-equal branch of
the Government.
Thus, while courts can determine questions of legality
with respect to governmental action, they cannot
review government policy and the wisdom thereof, for
these questions have been vested by the Constitution
in the Executive and Legislative Departments.
Sec. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights
and prescribing remedies for violations of such
rights; and
2. Determining the court with jurisdiction to hear
and decide controversies or disputes arising
from legal rights.
BUT, Congress cannot deprive the Supreme Court of
its jurisdiction over cases provided for in the
Constitution.
Creation and abolition of courts:
The power to create courts implies the power to
abolish and even re-organize courts.
BUT this power cannot be exercised in a manner
which would undermine the security of tenure of the
judiciary.
If the abolition/re-organization is done in good faith
and not for political or personal reasons, then it is
VALID.
Sec. 3. FISCAL AUTONOMY
The entire judiciary shall enjoy fiscal autonomy.
Annual appropriations for the judiciary cannot be
reduced below the amount appropriated for the
previous year.
Once approved, appropriations shall be automatically
and regularly released.
Sections 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1) Chief Justice and
2) 14 Associate Justices
NOTE: Members of the Supreme Court and of other
courts established by law shall not be designated to
any agency performing quasi-judicial or
administrative functions.
Qualifications of members of the:
SC lower collegiate
courts e.g. CA,
CTA,
Sandiganbayan
judges of
lower noncollegiate
courts
Natural born citizen of the
Philippines
Citizen of
the
Philippines
(may be a
naturalized
citizen)
At least 40
years old
Possesses other qualifications
prescribed by Congress
At least 15
years of
experience
as a judge
or in the
practice of
law in the
Philippines
Member of the Philippine Bar
Person of proven competence, integrity, probity
and independence
Sec. 8. JUDICIAL AND BAR COUNCIL
Under the supervision of the SC.
A. Composition
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio
member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
NOTE: The last four are the regular members of the
JBC. Regular members are appointed by the
President with CA approval. Regular members serve
for 4 years, with staggered terms.
B. Functions of JBC
Principal function: recommend appointees to the
Judiciary
Exercise such other functions as the SC may assign
to it.
C. Appointments to the Judiciary
President shall appoint from a list of at least 3
nominees for each vacancy, as prepared by the JBC.
No CA confirmation is needed for appointments to
the Judiciary.
Vacancies in SC should be filled within 90 days from
the occurrence of the vacancy.
Vacancies in lower courts should be filled within 90
days from submission to the President of the JBC list.
Sec. 10. SALARIES
Salaries of SC Justices and judges of lower courts
shall be fixed by law.
Cannot be decreased during their continuance in
office, but can be increased.
Members of the Judiciary are NOT exempt from
payment of income tax.
Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
1. Members of the SC and judges of the lower courts
hold office during good behavior until;
a) The age of 70 years old; or
b) They become incapacitated to discharge
their duties.
2. Disciplinary action against judges of lower courts:
Only the SC en banc has jurisdiction to discipline or
dismiss judges of lower courts.
Disciplinary action/dismissal: Majority vote of SC
Justices who took part in the deliberations and voted
therein.
3. Only by IMPEACHMENT SC Justices can be
removed. They cannot be disbarred while they hold
office.
Sections. 4-6, 13. THE SUPREME COURT
Hearing of cases:
En banc; or
Divisions of 3, 5, or 7.
Cases required to be heard en banc:
1. All cases involving constitutionality of a/an:
(CODE: T I L)
a. Treaty
b. International or executive agreement or
c. Law.
2. All cases required to be heard en banc under
the Rules of Court:
3. Appeals from Sandiganbayan; and from the
Constitutional Commissions
4. All cases involving the constitutionality,
application or operation of: (CODE: PPOIRO)
a. Presidential decrees
b. Proclamations 1. It should provide a simplified and inexpensive
c. Orders procedure for the speedy disposition of
d. Instructions cases.
e. Ordinances; and 2. It should be uniform for all courts of the same
f. Other regulations. grade
5. Cases heard by a division where required 3. It should not diminish, increase, or modify
majority of 3 was not obtained. substantive rights.
6. Cases where SC modifies or reverses a 6. Appoint ALL officials and employees of the
doctrine or principle of law laid down by the Judiciary, in accordance with Civil Service Law.
SC en banc or by a division. 7. Exercise administrative supervision over ALL
7. Administrative cases to discipline or dismiss courts and the personnel thereof.
judges of lower courts; and Decisions of the Supreme Court:
8. Election contests for President and Vice- 1. Reached in consultation before being
President. assigned to a member for the writing of the
Cases heard by division opinion.
1. Must be decided with the concurrence of a 2. A certification to this effect must be signed by
majority of the members who took part in the the Chief Justice and attached to the record
deliberations and voted thereon. of the case and served upon the parties.
2. Majority vote in a division should be at least 3 3. Members of the SC who took no part, or who
members. dissented or abstained must state the
Powers of the SC reasons therefore.
ORIGINAL NOTE: This procedure shall also be observed by all
jurisdiction lower collegiate courts (CA, CTA, and the
APPELLATE jurisdiction Sandiganbayan).
1) Cases JUDICIAL REVIEW
affecting Definition
ambassadors, Judicial Review is the power of the SC to declare a
other public law, treaty, ordinance etc. unconstitutional.
ministers and Lower courts may also exercise the power of judicial
consuls. review, subject to the appellate jurisdiction of the SC.
NOTE: This Only SC decisions are precedent, and thus, only SC
refers to foreign decisions are binding on all.
ambassadors, Requisites: Code: [A R S E L]
etc., stationed in 1. An ACTUAL CASE calling for the exercise of
the Philippines judicial power
2) Petitions for 2. The question involved must be RIPE FOR
certiorari, ADJUDICATION, i.e. the government act
prohibition, must have had an adverse effect on the
mandamus, quo person challenging it.
warranto, and 3. The person challenging the governmental act
habeas corpus. must have ‘STANDING’, i.e. a personal and
over final judgments and substantial interest in the case such that he
orders in the following: has sustained, or will sustain, direct injury as
1) All cases involving the a result of its enforcement.
constitutionality or validity of 4. The question of Constitutionality must be
any: treaty, international or raised in the first instance, or at the earliest
executive agreement, law, opportunity.
presidential decree, 5. Resolution of the issue of constitutionality is
proclamation, order, unavoidable or is the very lis mota
instruction, ordinance, or, Effect of a declaration of unconstitutionality:
regulation; Prior to the declaration that a particular law is
2) All cases involving the unconstitutional, it is considered as an ‘operative fact’
legality of any: tax, impost, which at that time had to be complied with.
toll, assessment or any Thus, these vested rights, acquired under such law
penalty imposed in relation before it was declared unconstitutional, are not
thereto; prejudiced by the subsequent declaration that the law
3) All cases in which the is unconstitutional.
jurisdiction of any lower Sec. 14. DECISIONS
court is in issue 1. Decisions MUST state clearly and distinctly
4) Criminal cases where the the facts and the law on which they are
penalty imposed is based.
reclusion perpetua or 2. Memorandum decisions, where the appellate
higher; and court adopts the findings of fact and law of
5) All cases where ONLY the lower court, are allowed as long as the
errors or questions of law decision adopted by reference is attached to
are involved. the Memorandum for easy reference.
3. Temporarily assign lower court judges to other 3. These rules only apply to courts. They do
stations in the public interest. not apply to quasi-judicial or administrative
Note: Temporary assignment shall not exceed 6 bodies nor to military tribunals.
months without the consent of the judge concerned. Safeguards that guarantee Independence of the
4. Order a change of venue or place of trial to avoid a Judiciary:
miscarriage of justice. 1. Being a Constitutional body, it may not be
5. Promulgate rules concerning: abolished by law;
i. The protection and enforcement of 2. Members are only removable by
constitutional rights; impeachment;
ii. Pleading, practice and procedure in all 3. SC may not be deprived of minimum and
courts; appellate jurisdiction; appellate jurisdiction
iii. Admission to the practice of law; may not be increased without its advice or
iv. The Integrated Bar; and concurrence;
v. Legal assistance to the underprivileged. 4. SC has administrative supervision over all
Limitations on Rule Making Power inferior courts and personnel;
5. SC had exclusive power to discipline judges/
justices of inferior courts;
6. Members of the judiciary enjoy security of
tenure;
7. Members of judiciary may not be designated
to any agency performing quasi-judicial or
administrative functions;
8. Salaries of judges may not be reduced;
judiciary enjoys fiscal autonomy;
9. SC alone may initiate Rules of Court;
10. SC alone may order temporary detail of
judges; and
11. SC can appoint all officials and employees of
the Judiciary (Nachura, Reviewer in Political
Law, p. 199-200.)
ARTICLE IX – THE CONSTITUTIONAL
COMMISSIONS
Sec. 1. Constitutional Commissions
Independent Constitutional Commissions:
1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (COA)
Safeguards that guarantee Independence of
Commissions:
1. They are constitutionally created; may not be
abolished by statute;
2. Each is expressly described as
“independent”
3. Each is conferred certain powers and
functions which cannot be reduced by
statute;
4. The Chairmen and members cannot be
removed except by impeachment;
5. The chairmen and the members are given
fairly a long term of office of 7 years;
6. The Chairmen and members may not be reappointed
or appointed in an acting capacity
(Brillantes v. Yorac, 192 SCRA 358);
7. The salaries of the Chairmen and members
are relatively high and may not be decreased
during continuance in office;
8. The Commissions enjoy fiscal autonomy;
9. Each Commission may promulgate its own
procedural rules, provided they do not
diminish, increase or modify substantive
rights (though subject to disapproval by the
SC.);
10. The Chairmen and members are subject to
certain disqualifications calculated to
strengthen their integrity;
11. The Commissions may appoint their own
officials and employees in accordance with
Civil Service Law (Nachura, Reviewer in
Political Law, p. 209)
Sec. 2. DISQUALIFICATIONS
Disqualifications:
Members cannot, during their tenure:
1. Hold any other office or employment;
2. Engage in the practice of any profession;\
3. Engage in the active management or control
of any business, which, in any way, may be
affected by the functions of their office; and
4. Be financially interested, directly or indirectly,
in any contract, franchise, privilege granted
by the government, any of its subdivisions,
agencies, instrumentalities, including
GOCC's and their subsidiaries.
NOTE: The Ombudsman and his deputies are
subject to the same qualifications.
Sec. 3. SALARIES
1. Salaries are fixed by law and shall not be
decreased during their TENURE.
2. Decreases in salaries only affect those
members appointed AFTER increase.
3. Incumbent members do not lose any salary.
4. Increases take effect IMMEDIATELY.
Sec. 6. RULES OF PROCEDURE
Procedures:
1. Rules: The Commissions may promulgate
their own rules EN BANC.
2. Limitation: The rules shall not:
a. Diminish,
b. Increase, or
c. Modify substantive rights.
3. Power of SC
a. The SC may not, under Art. VIII Sec.
5(5), exercise the power to disapprove
rules of "special courts and quasi-judicial
bodies."
b. In proceedings before the Commissions,
the rules of the Commission prevail.
c. In proceedings before a court, the Rules
of Court prevail.
d. The SC may, however, in appropriate
cases, exercise JUDICIAL REVIEW
Sec. 7. DECISION MAKING/APPEAL
Decision-Making:
1. Each commission shall decide matter or cases by
a majority vote of all the members within 60 days
from submission.
a. COMELEC may sit en banc or in 2 divisions.
b. Election cases, including pre-proclamation
controversies are decided in division, with
motions for reconsideration filed to the
COMELEC en banc.
c. The SC has held that a majority decision
decided by a division of the COMELEC is a
valid decision.
2. As COLLEGIAL BODIES, each commission must
act as one, and no one member can decide a
case for the entire commission. (i.e. The
Chairman cannot ratify a decision which would
otherwise have been void).
Appeals:
1. Decisions, orders or rulings of the
COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2. Decisions, orders or ruling of the CSC should be
appealed to the CA under Rule 43.
Enforcement:
It has been held that the CSC can issue a writ of
execution to enforce judgments, which are final.
THE CIVIL SERVICE COMMISSION
Sec.1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
1. Chairman
2. Commissioners – 2 commissioners
Qualifications:
1. Natural-born citizens of the Philippines;
2. At least 35 years old at the time of their
appointments;
3. With proven capacity for public
administration; and
4. NOT candidates for any elective position in
the elections immediately preceding their
appointment.
5. Appointees by the President to the CSC
need Commission on Appointments (CA)
confirmation
Term:
1. 7 years (except for the 1st appointees where
the Chairman has 7 years, 1 Commissioner
has 5 years while another has 3 years)
2. Limitation: single term only, no
reappointment
3. Appointment to vacancy: only for unexpired
term of predecessor
4. No temporary appointments, or appointments
in acting capacity.
Sec. 2. Scope:
The Civil Service embraces all:
1. branches,
2. subdivisions,
3. instrumentalities,
4. agencies of the government,
5. including GOCCs with original charters.
a. "With Original Charter" means that the
GOCC was created by special law/by
Congress
b. If incorporated under the Corporation
Code, it does not fall within the Civil
Service, and is not subject to the CSC Security of Tenure:
jurisdiction. 1. Officers or employees of the Civil Service
c. If previously government-controlled, but cannot be removed or suspended EXCEPT
is later privatized, it ceases to fall under for cause provided by law. It guarantees both
CSC. procedural and substantive due process.
d. Jurisdiction is determined as of the time 2. For "LEGAL CAUSE" - Cause is:
of filing the complaint. a. related to and affects the administration
Appointments to civil service shall be: of office, and
A. Competitive positions b. must be substantial (directly affects the
According to merit and fitness to be determined by rights & interests of the public)
competitive examinations, as far as practicable 3. Security of tenure for Non-competitive
except to positions which are policy-determining, positions
primarily confidential, or highly technical. a. Primarily confidential officers and
B. Non-competitive positions employees hold office only for so long as
1. No need for competitive examinations. confidence in them remains.
2. 3 kinds b. If there is GENUINE loss of confidence,
a. Policy-determining - formulate a method there is no removal, but merely the
of action for the government expiration of the term of office
b. Primarily confidential - more than c. Non-career service officers and
ordinary confidence; close intimacy employees do not enjoy security of
insures freedom of intercourse without tenure.
betrayals of personal trust. d. Political appointees in the foreign service
c. Highly technical - requires technical skill possess tenure coterminous with that of
to a superior degree. the appointing authority or subject to his
C. The TEST to determine whether non-competitive pleasure.
is the nature of the responsibilities, NOT the 4. One must be VALIDLY APPOINTED to enjoy
administrative or legislative description given to it. security of tenure. Thus, one who is not
D. Both types of positions are entitled to security appointed by the proper appointing authority
of tenure. They only differ in the MANNER in does not acquire security of tenure.
which they are filled. Abolition of Office
E. Who may be appointed: To be valid, abolition must be made:
1. RULE: Whoever fulfills all the qualifications 1. In good faith; (good faith is presumed)
prescribed by law for a particular position 2. Not for political or personal reasons; and
may be appointed therein. 3. Not in violation of law.
2. The CSC cannot disapprove an appointment Temporary employees are covered by the
just because another person is better following rules:
qualified, as long as the appointee is himself 1. Not protected by security of tenure - can be
qualified. removed anytime even without cause
3. The CSC CANNOT add qualifications other 2. If they are separated, this is considered an
than those provided by law. expiration of his term.
F. Next-In-Rank Rule BUT: They can only be removed by
While a person next in rank is entitled to preferential the one who appointed them
consideration, it does not follow that only he, and no 3. Entitled only to such protection as may be
one else, can be appointed. Such person has no provided by law.
vested right to the position and the appointing No officer or employee in the Civil Service shall
authority is not bound to appoint the person next in engage in any electioneering or in partisan
rank. political activity
Tenure (Classification of Positions) 1. Cannot solicit votes in favor of a particular
Career Service Non-Career Service candidate.
1. Entrance based 2. Cannot give campaign contributions or
on merit and fitness distribute campaign materials.
to be determined as 3. BUT: Allowed to express views on political
far as practicable by issues, and to mention the names of the
competitive candidates whom he supports.
examinations or 4. Prohibition does not apply to department
based on highly secretaries
technical Right to organize
qualifications. The right to organize does NOT include the right to
1. Entrance on bases strike
OTHER than usual Sec. 6-7. DISQUALIFICATIONS
tests of merit and Disqualifications:
fitness. 1. Losing candidates in any election
2. Entitled to security a. Cannot be appointed to any office in the
of tenure government or GOCC's or their
2. Tenure limited to: subsidiaries
a) Period specified by b. Period of disqualification: (1) year after
law, such election.
b) Coterminous with 2. Elective officials
the appointing a. Not eligible for appointment or designation
authority or subject in ANY CAPACITY to ANY PUBLIC
to his pleasure, or OFFICE or position during their tenure.
c) Limited to the b. EXCEPTION: May hold ex officio
duration of a positions.
particular project c. Examples:
for which purpose d. The Vice President may be appointed as
the employment a Cabinet member
was made. e. A Congressman may sit in the Judicial
3. With opportunity and Bar Council
for advancement to f. To be eligible to hold any other office, the
higher career elected official must first resign from his
positions. office
g. Even Congress cannot, by law, authorize
the appointment of an elective official.
3. Appointive officials
a. Cannot hold any other office or
employment in the government, any
subdivision, agency, instrumentality,
including GOCC's and their subsidiaries.
b. EXCEPTION: Unless otherwise allowed
by law, or by the primary functions of his
position.
This exception DOES NOT APPLY to
Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are
governed by the stricter prohibitions
contained therein.
Sec. 8. COMPENSATION
1. Prohibitions: apply to elected or appointed
officers and employees cannot receive:
a. Additional compensation: an extra
reward given for the same office i.e.
bonus
b. Double compensation: when an officer is
given 2 sets of compensation for 2
different offices held concurrently by 1
officer
c. Indirect Compensation
2. EXCEPTION: Unless specifically authorized
by law
a. "SPECIFICALLY AUTHORIZED" means
a specific authority particularly directed to
the officer or employee concerned.
b. BUT: per diems and allowances given as
REIMBURSEMENT for expenses
actually incurred are not prohibited
3. Cannot accept any present, emolument,
office, title of any kind from foreign
governments UNLESS with the consent of
Congress.
4. Pensions and gratuities are NOT considered
as additional, double, or indirect
compensation.
THE COMMISSION ON ELECTIONS
Sec.1.COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1. 1Chairman and
2. 6 Commissioners
Qualifications:
1. Natural-born citizens of the Philippines;
2. At least 35 years old at the time of
appointment
3. Holders of college degrees; and
4. Not candidates for any elective position in the
immediately preceding elections.
5. Majority of the Commission, including the
Chairman must be:
a. Members of the Philippines Bar
b. Engaged in the practice of law for at least
10 years: “any activity in or out of court,
which requires the application of law,
legal procedure, knowledge, training and
experience.”
6. Appointments subject to CA approval
Term:
1. 7 years (1st appointed: Chairman -7 yrs; 3
Members - 7 yrs; 2 Members - 5 yrs; 1
Member - 3 yrs)
2. LIMITATION: Single term only: no
reappointment allowed
3. Appointment to a vacancy: only for unexpired
portion of predecessor’s term
4. No temporary appointments, or appointments
in acting capacity
a. Thus, the President cannot designate an
incumbent commissioner as acting
Chairman.
b. The choice of temporary chairman falls
under the COMELEC’s discretion.
Sec. 2. POWERS AND FUNCTIONS
Powers:
1. Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall.
Ex: COMELEC can enjoin construction of public
works within 45 days of an election.
2. Exercise:
a. Exclusive original jurisdiction over all
contests relating to the elections, returns,
and qualifications of all elective
i. Regional,
ii. Provincial, and
iii. City officials
b. Appellate jurisdiction over all contests
involving:
i. Elective municipal officials decided by
trial courts of general jurisdiction
ii. Elective barangay officials decided by
trial courts of limited jurisdiction.
c. Decisions, final orders, or rulings of the
Commission on election contests involving
elective municipal and barangay offices
shall be final, executory, and not
appealable. Exception: Appealable to the
SC on questions of law.
d. Contempt powers
i. COMELEC can exercise this power
only in relation to its adjudicatory or
quasi-judicial functions. It CANNOT
exercise this in connection with its
purely executive or ministerial
functions.
ii. If it is a pre-proclamation controversy,
the COMELEC exercises quasijudicial/
administrative powers.
iii. Its jurisdiction over ‘contests’ (after
proclamation), is in exercise of its
judicial functions.
e. The COMELEC may issue writs of
certiorari, prohibition and mandamus in
exercise of its appellate jurisdiction. This
is not an inherent power.
3. Decide, except those involving the right to
vote, all questions affecting elections,
including determination of the number and
location of polling places, appointment of
election officials and inspectors, and
registration of voters.
NOTE: Questions involving the right to vote
fall within the jurisdiction of the ordinary
courts.
4. Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and
credible elections.
a. This power is NOT limited to the election
period.
b. Applies to both criminal and administrative
cases.
5. Registration of political parties,
organizations, or coalitions/accreditation of
citizens’ arms of the Commission on
Elections.
a. The political parties etc. must present their
platform or program of government.
b. There should be sufficient publication
c. Groups which cannot be registered:
i. Religious denominations/sects But not
applicable to political parties with
religious affiliation or which derive their
principles from religious beliefs
ii. Groups which seek to achieve their
goals through violence or unlawful
means
iii. Groups which refuse to uphold and
adhere to the Constitution
iv. Groups which are supported by any
foreign government such as financial
contributions related to elections. If
accepted, it is an additional ground for
the cancellation of their registration
with the Commission, in addition to
other penalties that may be prescribed
by law.
6. File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion of
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting elections frauds, offenses and
malpractices.
a. COMELEC has exclusive jurisdiction to
investigate and prosecute cases for
violations of election laws.
b. COMELEC can deputize prosecutors for
this purpose. The actions of the
prosecutors are the actions of the
COMELEC
c. Preliminary investigation conducted by
COMELEC is valid
7. Recommend to the 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, malpractices, and nuisance
candidacies.
8. Recommend to the President the removal of
any officer or employee it has deputized, or
the imposition of any other disciplinary
action, for violation or disregard of, or
disobedience to its directive, order, or
decision.
9. Submit to the President and the congress a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.
Sec. 3. RULES OF PROCEDURE/ DECISIONMAKING
Rules of Procedure
1. COMELEC can sit en banc or in two divisions
2. It has the power to promulgate its own rules
of procedure in order to expedite disposition
of election cases, including pre-election
controversies.
Decision-Making
1. Election cases should be heard and decided
in division.
2. However, motions for reconsideration of
decisions should be decided by COMELEC
en banc.
a. ”Decisions” mean resolutions on
substantive issues.
b. If a division dismisses a case for failure
of counsel to appear, the Motion for
Reconsideration here may be heard by
the division.
c. EXCEPTION: COMELEC en banc may
directly assume jurisdiction over a
petition to correct manifest errors in the
tallying of results by Board of
Canvassers.
NOTE: In Balajonda v. COMELEC (GR No. 166032),
the COMELEC CAN ORDER IMMEDIATE
EXECUTION OF ITS OWN JUDGMENTS.
Sec. 4. SUPERVISION/REGULATION OF
FRANCHISES / PERMITS / GRANTS / SPECIAL
PRIVILEGES / CONCESSIONS
Regulation of franchises
1. What can COMELEC supervise or regulate
a. The enjoyment or utilization of all
franchises or permits for the operation of
transportation and other public utilities,
media of communication or information.
b. Grants, special privileges or concessions
granted by the Government or any
subdivision, agency or instrumentality
thereof, including any GOCC or its
subsidiary
2. When can COMELEC exercise this power
a. During the election period
i. Under Article XI, Section 9, the
election period commences 90 days
before the day of the election and
ends 30 days thereafter.
ii. In special cases, COMELEC can fix a
period.
b. Applies not just to elections but also to
plebiscites and referenda.
3. Plebiscite: Submission of constitutional
amendments or important legislative
measures to the people for ratification
4. Referendum: power of the electorate to
approve or reject legislation through an
election called for that purpose.
COMELEC and the MEDIA
1. COMELEC cannot compel print media to
donate free space to the COMELEC. It may,
however, compel it to provide space after
paying just compensation.
2. Power of COMELEC is over franchises and
permits, NOT individuals. For example,
COMELEC may not regulate media
practitioners, for this would violate the
freedom of expression.
Sec. 5. No pardon, amnesty, parole, or suspension
of sentence for violation of election laws, rules, and
regulations shall be granted by the President without
the favorable recommendation of the Commission.
Sec. 6. A free and open PARTY SYSTEM
Definition of “POLITICAL PARTY”
Organized group of persons pursuing the same
political ideals in a government and includes its
branches, and divisions.
Importance of registration of a political party
1. Registration confers juridical personality on
the party.
2. It informs the public of the party's existence
and ideals.
3. It identifies the party and its officers for
purposes of regulation by the COMELEC.
Sec. 7. No votes cast in favor of a political party,
organization, or coalition shall be valid, except for
those registered under the party-list system as
provided in this Constitution.
Prohibition on block-voting
1. General rule: Block voting NOT allowed
2. EXCEPTION: those registered under the
party-list system
Sec. 8. PARTY LIST SYSTEM
No Right to be represented in Various Boards
Political parties, organizations, or coalitions
registered under the party-list system shall NOT be
represented in the following:
1. Voters’ registrations boards,
2. Boards of election inspectors,
3. Boards of canvassers, or
4. Other similar bodies.
Poll Watchers
Political parties, etc. are entitled to appoint poll
watchers in accordance with law.
Sec. 10. Bona fide candidates for any public office
shall be free from any form of harassment and
discrimination.
1. This section does not give candidates
immunity from suit.
2. Discrimination includes unequal treatment in
the availment of media facilities.
Sec. 11. FUNDING
How provided:
1. Funds certified by the COMELEC as
necessary to defray the expenses for holding
regular and special elections, plebiscites,
initiative, referenda and recalls, shall
provided in the regular or special
appropriations.
2. Funds should be certified by the COMELEC
as necessary.
Release of funds
Once approved, funds should be released
automatically upon certification by the Chairman of
COMELEC.

THE COMMISSION ON AUDIT
Section1.COMPOSITION/QUALIFICATIONS
Composition:
1. Chairman, and
2. Commissioners (2).
Qualifications:
1. Natural-born citizens of the Philippines
2. At least 35 years old at the time of their
appointment;
3. Either:
a. CPA’s with at least 10 years auditing
experience; or
b. Members of Phil. Bar with 10 years of
practice.
4. Members cannot all belong to the same
profession.
5. Subject to confirmation of the CA.
6. Must not have been candidates for any
elective position in the elections immediately
preceding their appointment.
Term:
1. 7 years (1st appointees) Chairman-7yrs;
Commissioner1-5yrs; Commissioner2-3 yrs)
2. LIMITATION: Single terms only; no reappointment
allowed
3. Appointments to any vacancy shall only be
for the unexpired portion of predecessor’s
term
Sec. 2. POWERS
1. Examine, audit, and settle accounts
pertaining to:
a. Revenue and receipts of funds or
property; or
b. Expenditures and uses of funds or
property
Owned or held in trust by, or pertain to:
1. The Government;
2. Any of its subdivisions, agencies or
instrumentalities;
3. Including GOCC’s with original charters.
2. Conduct post-audit with respect to the
following:
a. Constitutional bodies, commissions, and
offices granted fiscal autonomy;
b. Autonomous state colleges and
universities;
c. GOCC’s and their subsidiaries
incorporated under the Corporation
Code.
d. Non-governmental entities receiving
subsidies or equity, directly or indirectly,
from or through the government, which
are required by law of the granting of
institution to submit to such audit.
3. If COA finds internal control system of
audited agencies as inadequate, COA may
adopt measures, including temporary or
special pre-audit, as may be necessary.
4. Keep the general accounts of the
government, preserving vouchers and other
supporting papers pertaining thereto.
5. Exclusive authority to define the scope of
COA’s audit and examination and to
establish the techniques and methods
required therefor.
6. Promulgate accounting and auditing rules
and regulations.
a. Including those for the prevention or
disallowance of irregular, unnecessary,
excessive, extravagant, or
unconscionable expenditures or uses of
government funds and properties.
b. Failure to comply with these rules can be
a ground for disapproving the payment of
a proposed expenditure.
NOTE:
1. The functions of COA can be classified as:
a. Examine and audit all forms of
government revenues;
b. Examine and audit all forms of gov’t
expenditures
c. Settle gov’t accounts
d. Promulgate accounting and auditing
rules (including those for the prevention
of irregular…expenditures).
e. To decide administrative cases involving
expenditures of public funds.
2. COA can settle only LIQUIDATED
ACCOUNTS or those accounts, which may
be adjusted simply by arithmetic process.
3. COA has authority not just over accountable
officers but also over other officers who
perform functions related to accounting such
as verification of evaluations and
computation of fees collectible, and the
adoption of internal rules of control.
4. COA does not have the power to fix the
amount of an unfixed or undetermined debt.
5. Where the following requirements are
complied with, it becomes the ministerial duty
of the COA to approve and pass in audit
vouchers for payment:
a. There is a law appropriating funds for a
particular purpose;
b. There is a contract, made by the proper
officer, entered into in conformity with the
above-mentioned law;
c. The goods or services covered by such
contract have been delivered or rendered
in pursuance to such contract, as
attested by the proper officer; and
d. Payment has been authorized by officials
of the corresponding department or
bureau.
6. Prosecutors may still review accounts
already settled and approved by COA for the
purpose of determining possible criminal
liability. This is because COA’s interest in
such accounts is merely administrative.
7. COA has the power to determine the
meaning of ‘public bidding’ and what
constitutes failure when regulations require
public bidding for the sale of government
property.
Sec. 3. No law shall be passed exempting any entity
of the Government or its subsidiary in any guise
whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit.
ARTICLE X: LOCAL GOVERNMENT
Sec.1.TERRITORIAL/POLITICAL SUBDIVISIONS
OF THE REPUBLIC OF THE PHILIPPINES ARE
THE:
Composition:
1. Provinces
2. Cities;
3. Municipalities; and
4. Barangays
There shall be Autonomous regions in:
1. Muslim Mindanao, and
2. Cordilleras [At present, it is only the
Cordillera ADMINISTRATIVE region]
NOTE:
1. A third autonomous region would require a
constitutional amendment.
2. These political subdivisions, created by the
Constitution can be replaced by
AMENDMENT, and not by law.
3. While Congress can abolish or eradicate
individual units, it cannot abolish an entire
class of LGUs
Sec. 2. Local Autonomy
1. All political subdivisions shall enjoy local
autonomy
2. This does not mean that the LGUs are
completely free from the central government.
a. Judiciary may still pass on LGU actions
b. President may exercise disciplinary
power over LGU officials.
SEC. 3. Congress shall enact a local government
code which shall provide for a more responsive and
accountable local government structure instituted
through a system of decentralization with effective
mechanisms of recall, initiative, and referendum,
allocate among the different local government units
their powers, responsibilities, and resources, and
provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions
and duties of local officials, and all other matters
relating to the organization and operation of the local
units.
Sec.4. PRESIDENTIAL SUPERVISION OF LGUS
Supervision of President
1. The President exercises GENERAL
supervision over all LGUs
2. The President exercises DIRECT supervision
over
a. Provinces
b. Autonomous regions and
c. Independent cities.
3. This power is limited to ensuring that lower
officers exercise their functions in
accordance with law.
4. The President cannot substitute his judgment
for that of an LGU official unless the latter is
acting contrary to law.
5. The President may, however, impose
administrative sanctions against LGU
officials, such as suspension for 120 days,
and may even remove them from their posts,
in accordance with law.
6. Provinces exercise DIRECT supervision over
component cities and municipalities.
7. Cities and municipalities exercise DIRECT
supervision over component barangays.
Sec. 5. EACH LOCAL GOVERNMENT SHALL
HAVE THE POWER TO CREATE OWN SOURCES
OF REVENUE/LEVY TAXES, FEES AND CHARGES
ETC.
Limitations on Power
1. It is subject to such guidelines and limitations
as Congress may provide. See Local
Government Code for examples.
2. The guidelines set by Congress should be
consistent with the basic policy of local
autonomy.
Accrual of taxes, fees, charges
The taxes, fees and charges shall accrue exclusively
to the local governments.
Sec.6. LGUs SHALL HAVE A JUST SHARE IN
NATIONAL TAXES, AS DETERMINED BY LAW,
WHICH SHALL BE AUTOMATICALLY RELEASED
TO THEM.
Internal Revenue Allotment (IRA)
1. Share of LGUs in national taxes is limited to
the internal revenue taxes.
2. This is released, without need of any further
action, directly to the provincial, city,
municipal or barangay treasurer. Release is
made on a quarterly basis within 5 days after
the end of each quarter.
3. This should not be subject to any lien or
holdback that may be imposed by the
national government for whatever purpose.
4. Each LGU should appropriate in its annual
budget at least 20% of its annual IRA for
development or infrastructure projects in
accordance with local development plan
5. Adjustments in IRA
a. Ground: Unmanageable public section
deficit
b. President can make the necessary
adjustments in the IRA upon the
recommendation of the following:
i. Department of Finance Secretary
ii. DILG Secretary
iii. DBM Secretary
6. IRA is included as part of the income of an
LGU for purposes of compliance with the
income requirement for conversion from one
political subdivision to the next. (Alvarez v.
Guingona)
Sec. 7. SHARE OF LGUS IN NATIONAL WEALTH
Share of LGUs in national wealth
1. LGUs are entitled to an equitable share in the
proceeds of the utilization and development
of the national wealth within their respective
areas in the manner provided by law.
2. This includes sharing the same with the
inhabitants by way of direct benefits.
Under the LGC: CODE: MR.-FOS
LGUs have a share of 40% of the gross collection
derived by the national government from the
preceding fiscal year from
1. Mining taxes
2. Royalties
3. Forestry and fishery charges
4. Other taxes, fees and charges
5. Share in any co-production, joint venture or
production sharing agreement in the
utilization and development of the national
wealth w/in their territorial jurisdiction
SEC. 8. TERM OF OFFICE
Term of Office
Elective local officials, now including barangay
officials, have a term of 3 years.
Limitations:
1. No elective official shall serve for more than
3 consecutive terms
2. Voluntary renunciation of office for any length
of time shall not be considered as an
interruption in the continuity of his service for
the full term for which he was elected.
SEC. 9. SECTORAL REPRESENTATION IN LGUS
Legislative bodies of the local governments shall
have Sectoral Representation (under the LGC) as
may be provided by law
There should be representatives from:
1. The women’s sector
2. The workers
3. Third sector (can choose from any of the
following)
a. Urban poor
b. Indigenous cultural communities
c. Disabled persons
d. Any other sector as may be determined
by the sanggunian
SEC. 10. Creation, abolition and division of LGU’s
1. Requisites
a. Compliance with the requirements of the
Local Government Code; and
b. Approved by a majority of the votes cast
in a plebiscite held in the political units
DIRECTLY affected.
2. Thus, if a province is to be divided into 2
separate provinces, plebiscite will include
voters of the ENTIRE province, and not just
the area to comprise the new province.
3. LGC requirements relate to matters such as
POPULATION, REVENUE, and AREA
requirements.
Sec. 11. Special Metropolitan political subdivisions
Creation:
1. Congress may create special metropolitan
political subdivisions by law.
2. It is subject to a plebiscite
Jurisdiction of Metropolitan authority
It is limited to basic services requiring coordination.
Basic Autonomy of Component Cities and
Municipalities
The component cities and municipalities retain their
basic autonomy.
They shall be entitled to their own local executive and
legislative assemblies.
SEC. 12. CITIES
Classification of Cities:
1. Highly urbanized (as determined by law)
2. Component cities (cities still under provincial
control); and
3. Independent component cities (non-highly
urbanized cities whose voters are prohibited
by the city charter from voting in provincial
elections)
Independence from the Province
1. Highly urbanized cities and independent
component cities are independent of the
province.
2. Component cities whose charter contains no
such prohibition are still under the control of
the province and its voters may still vote for
elective provincial officials.
Sec. 13. Coordination among LGUS
Consolidation and Coordination of Efforts,
Services and Resources
It is optional on the part of LGUs as shown by the use
of the word “may”.
It can be done for purposes commonly beneficial to
them in accordance with the law.
LGC, Section 33
Consolidation and coordination may be done through
appropriate ordinance wherein a PUBLIC HEARING
should be conducted and the approval of the
sanggunian obtained.
An LGU can:
1. Contribute funds, real estate, equipment and
other kinds of property
2. Appoint/assign personnel under such terms
and conditions as may be agreed upon by
the participating LGUs through
MEMORANDA OF AGREEMENT.
Sec. 14. REGIONAL DEVELOPMENT COUNCILS
Who can provide for RDC
The President shall provide for RDC or other similar
bodies composed of:
Composition
1. Local government officials
2. Regional heads of departments and other
government offices
3. Representatives of NGOS within the regions
For Purpose of:
1. Administrative decentralization
2. To strengthen local autonomy
3. To accelerate the economic and social
growth and development of the units in the
region
Sec. 15. AUTONOMOUS REGIONS
Where:
Muslim Mindanao and the Cordillera region
Factors:
1. Historical heritage
2. Cultural heritage
3. Economic and social structures,
4. Other relevant characteristics within:
5. The framework of the constitution
6. National sovereignty
7. Territorial integrity.
Creation:
Provided BY LAW.
EFFECTIVITY of such creation occurs only when it is
approved by a majority of the votes cast in a
plebiscite held among the constituent units.
Only those Provinces, Cities, and Geographical
Areas voting favorably in such plebiscite shall form
part of the autonomous region.
If only 1 province approved the law, NO
AUTONOMOUS REGION is created, since the
constitution requires more than one province to
constitute one (like what happened in the Cordillera
plebiscite)
The question of which LGUs shall constitute an
autonomous region is one which is exclusively for
Congress to decide.
Sec. 16. GENERAL SUPERVISION OVER
AUTONOMOUS REGIONS
By Whom: The President
Purpose: To ensure that the laws are faithfully
executed.
SEC. 17. All powers, functions and responsibilities
not granted by this Constitution or by law to the
autonomous region shall be vested in the National
Government.
Examples:
1) Foreign relations,
2) National defense and Security
3) Monetary Affairs
Sec. 20. LEGISLATIVE POWERS
The Organic Act of Autonomous Region shall
provide for legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources
4. Personal, family and property relations
5. Regional, urban, and rural planning
development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the cultural
heritage; and
9. Such other matters as may be authorized by
law for the promotion of the general welfare
of the people of the region.
Limitations:
1. Subject to the provisions of the Constitution
and national laws
2. To be exercised within its territorial
jurisdiction
Sec. 21. PRESERVATION OF PEACE AND
ORDER/DEFENSE AND SECURITY
Peace and Order
It shall be the responsibility of the local police
agencies.
Defense and Security
It shall be the responsibility of the national
government.
ARTICLE XI: ACCOUNTABILITY OF PUBLIC
OFFICERS
Sec. 1: PUBLIC OFFICE AS A 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 with
patriotism and justice and lead modest lives.
Sec. 2: IMPEACHMENT/REMOVAL FROM OFFICE
Impeachment: (as means of removal from office)
1. Who may be impeached:
a. President
b. VP
c. SC Justices
d. Constitutional Commission members
e. Ombudsman
2. Grounds (CODE: CT-GOBB)
a. Culpable violation of the Constitution
b. treason
c. graft and corruption
d. other high crimes or
e. betrayal of public trust
f. bribery
NOTE: It is an exclusive list. Congress cannot, by
law, add to the list of impeachable offenses.
These officers cannot be charged in court with
offenses that have removal from office as penalty.
BUT AFTER an official has been impeached, he can
be charged with the appropriate offense.
Resignation by an impeachable official does not
place him beyond the reach of impeachment
proceedings; he can still be impeached.
All Other Public Officers and Employees
They may be removed from office as provided by law
BUT: NOT by impeachment
Section 3: PROCEDURE FOR IMPEACHMENT
Exclusive Power of House of Representatives
The House of Representatives has exclusive power
to INITIATE all cases of impeachment.
Procedure:
1. Filling of verified complaint. Can be filed by:
a. Any member of the House of
Representatives or
b. Any citizen upon a resolution or
endorsement by any Member of the
House or
c. By at least 1/3 of all the Members of the
House of Representatives
2. Inclusion of complaint in the order of
business with 10 session days
3. Referral to proper Committee within 3
session days thereafter
4. Submission of Committee report to the
House together with corresponding resolution
5. The report should be submitted within 60
days from referral, after hearing, and by a
majority vote of ALL its members.
6. Calendaring of resolution for consideration by
the House
7. Should be done within 10 session days from
receipt thereof
8. Vote of at least 1/3 of all Members of the
House necessary to:
a. Affirm a favorable resolution with the
Articles of Impeachment of the
Committee or
b. To override its contrary resolution
NOTE: If the verified complaint or resolution of
impeachment was filed by at least 1/3 of all the
Members of the House, it shall constitute the Articles
of Impeachment. Trial in the Senate shall proceed.
Trial in the Senate
Senate has the sole power to try and decide all cases
of impeachment.
For this purpose, the Senators shall be under oath or
affirmation.
When the President of the Philippines is on trial, the
CJ of the Supreme Court presides. However, he/she
will not vote.
Judgment of Conviction
This requires the concurrence of 2/3 of all the
Members of the Senate
Effect of the Impeachment
1. Removal from office of the official concerned
2. Disqualification to hold any office under the
Republic of the Philippines
3. Officer still liable to prosecution, trial, and
punishment if the impeachable offense
committed also constitutes a felony or crime.
Sec. 4. SANDIGANBAYAN
Sandiganbayan = the anti-graft court
People v. Sandiganbayan, 451 SCRA 413,
February 16, 2005
Ratio:
The fact that legislature. in mandating the inclusion of
“ presidents, directors or trustees, or managers of
government-owned and controlled corporations”
within the jurisdiction of the Sandiganbayan, has
consistently refrained form making any distinction
with respect to the manner of their creation clearly
reveals its intention to include such officials of
GOCCs with original charters and those organized
and incorporated under the Corporation Code within
the jurisdiction of the Sandiganbayan whenever they
are involved in graft and corruption.
Sections 5-6, 8-14: OFFICE OF THE
OMBUDSMAN
Composition:
1. Ombudsman/Tanodbayan
2. Overall deputy - at least one Deputy each for
Luzon, Visayas and Mindanao. Deputy for
military establishment may be appointed
Qualifications: (Ombudsman and his deputies)
1. Natural born citizen of the Philippines
2. At least 40 years old at time of appointment
3. Of recognized probity and independence
4. Member of the Philippine bar
5. Must not have been candidate for any
elective office in the immediately preceding
election
6. For Ombudsman: He must have been for ten
years or more
a. A judge or
b. Engaged in the practice of law in the
Philippines
Disqualifications/Prohibitions (under Article IX,
Section 2)
1. Cannot hold any other office or employment
during his tenure
2. Cannot engage in the practice of any
profession or in the active management or
control of any business which may be
affected by the functions of his office
3. Cannot be financially interested, directly or
indirectly, in any contract with or in any
franchise or privilege granted by the
Government, any of its subdivisions,
agencies or instrumentalities, including
GOCCs or their subsidiaries
Appointment:
A. Of Ombudsman and deputies
1. By the president from a list of at least 6
nominees prepared by the Judicial and Bar
Council. Vacancies will be filled from a list of
3 nominees
2. Appointments do NOT require confirmation
3. All vacancies shall be filled within 3 months
after they occur.
B. Of other officials and employees of the Office
of the Ombudsman
1. By the Ombudsman
2. In accordance with Civil Service Law
Term: (Ombudsman and deputies)
1. 7 years with reappointment
2. They are NOT qualified to run for any office
in the election immediately succeeding their
cessation from office
Rank/Salaries:
1. The Ombudsman has the rank of Chairman
of a Constitutional Commission
2. The Members have the rank of members of a
Constitutional Commission
3. Their salaries cannot be decreased during
their term of office.
Powers, Functions and Duties of the Office of the
Ombudsman
1. Investigate on its own, or on complaint by
any person, any act or omission of any public
official, employee, office or agency, when
such act or omission appears to be illegal,
unjust, improper, or inefficient.
a. Such may be delegated.
b. The power to investigate includes the
power to impose preventive suspension.
But, this is not a penalty.
c. “INVESTIGATE” does not mean
preliminary investigation.
d. The complaint need not be drawn up in
the usual form.
e. The “ILLEGAL” act or omission need not
be in connection with the duties of the
public officer or employee concerned.
f. ANY illegal act may be investigated by
the Ombudsman. In this regard, the
Ombudsman’s jurisdiction is
CONCURRENT with that of the regular
prosecutors.
2. Direct, upon complaint or at its own instance,
any public official or employee of the
government, or any subdivision, agency or
instrumentality thereof, as well as of any
government-owned or controlled corporation
with original charter, to perform and expedite
any act of duty required by law, or to stop,
prevent, and correct any abuse or
impropriety in the performance of duties.
a. The Ombudsman has PERSUASIVE
POWER, and may require that proper
legal steps are taken by the officers
concerned.
b. The public official or employee must be
employed in:
i. The Government
ii. Any subdivision, agency, or
instrumentality thereof; or
iii. GOCC’s with original charters
c. The SC has held that the SP may
prosecute before the Sandiganbayan judges
accused of graft and corruption, even if they
are under the Supreme Court.
3. Direct the officer concerned to take the
appropriate action against a public official or
employee at fault, and recommend his
removal, suspension, demotion, fine,
censure, or prosecution, and ensure
compliance therewith.
a. The Ombudsman does NOT himself
prosecute cases against public officers or
employees.
b. Final say to prosecute still rests in the
executive department.
c. The Ombudsman or Tanodbayan may
use mandamus to compel the fiscal to
prosecute.
3. Direct the officer concerned, in any
appropriate case, and subject to such
limitations as may be provided by law to
furnish it with copies of documents relating to
contracts or transactions entered into by his
office involving the disbursement or use of
public funds of properties, and report any
irregularity to COA for appropriate action.
4. Request any government agency for
assistance and information necessary in the
discharge of its responsibilities, and to
examine, if necessary, pertinent records and
documents.
5. Public matters covered by its investigation
when circumstances so warrant and with due
process
6. Determine the cause 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
7. Promulgate its rules of procedure and
exercise such other powers or perform such
functions or duties as may be provided by
law
NOTE: The Office of the Ombudsman also has the
duty to act promptly on complaints filed in any form or
manner against public officials or employees of the
government, or any subdivision, agency or
instrumentality including GOCCs and their
subsidiaries. In appropriate cases, it should notify
the complainants of the action taken and the result
thereof.
Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal
autonomy. Its approved annual appropriations
should be automatically and regularly released.
Section 7: OFFICE OF THE SPECIAL
PROCECUTOR
Under the 1987 Constitution, the existing
Tanodbayan became the Office of the Special
Prosecutor
Powers
It will continue to function and exercise its powers as
now or hereafter may be provided by law
Exception: Powers conferred on the Office of the
Ombudsman
NOTE: The Office of the Special Prosecutor is
subordinate to and acts under the orders of the
Ombudsman
NOTE: According to Jack, the SC was wrong
because the ConCom intended that the SP was to
prosecute anti-graft cases.
Section 15: RECOVERY OF ILL-GOTTEN WEALTH
Prescription, Laches, Estoppel
The right of the State to recover properties unlawfully
acquired by public officials and employees from them
or from their nominees or transferees shall NOT be
barred by prescription, laches or estoppel.
Their right to prosecute criminally these officials and
employees may prescribe.
Section 16: PROHIBITION ON CERTAIN
FINANCIAL TRANSACTIONS
Coverage:
This prohibition applies to:
1. President
2. Vice-President
3. Members of the Cabinet
4. Members of Congress
5. Members of Supreme Court
6. Members of Constitutional Commissions
Ombudsman
7. Any firm or entity in which they have
controlling interest
When prohibition applies: during their TENURE.
Scope of prohibition:
1. The above mentioned officials cannot obtain,
directly or indirectly for BUSINESS
PURPOSES:
a. Loans
b. Guarantees
c. Other forms of financial accommodation
from:
i. Government owned or controlled
banks; or
ii. Government owned or controlled
financial institutions.
2. If the loan, etc, is NOT for business purpose,
e.g. a housing loan, the prohibition does not
apply.
Section 17: Statements of assets, liabilities and net worth
When submitted:
Public officer and employee shall submit a
declaration under oath of his assets, liabilities and net
worth upon assumption of office and as often as
required under the law.
When declaration shall be disclosed to the
public:
These declarations shall be disclosed to the public in
a manner provided by law in the case of:
1. President
2. Vice-President
3. Members of the Cabinet
4. Members of Congress
5. Justices of the Supreme Court
6. Members of Constitutional Commissions
7. Other constitutional offices
8. Officers of the armed forces with general or
flag rank
Section 18: Allegiance of public officers and employees
Allegiance to the State and to the Constitution
Change in Citizenship/Immigrant Status
1. Incumbent public officers and employees
who seek either change in his citizenship; or
to acquire immigrant status in another
country shall be dealt with by law.
2. If Philippine citizenship is one of the
qualifications to the office, the loss of such
citizenship means the loss of the office by the
incumbent.
3. The Election Code provides the rules with
respect to non-incumbents, i.e. persons
running for elective offices.
4. The Code provides that permanent residents
of or immigrant to a foreign country cannot
file certificates of candidacy unless they
expressly waive their status as such
NOTE: This renunciation must be some other than,
and prior to, the filling of the certificate of candidacy.
Re: Report on the On-the-Spot Judicial Audit
Conducted in the RTC Branches 45 & 53, Bacolod
City*, 467 SCRA 20, August 16, 2005
Ratio:
A judge’s high case load, his being assigned in other
salas with also heavy case load, not to mention the
fact that he has to traverse long distance by public
utility buss and has to attend to some other additional
assignments could constitute sufficient justification for
his non-compliance with his duty to decided cases
within the 90-day period as mandated by the
Constitution.
Chan v. Lantion*, 468 SCRA 37, August 25, 2005
Ratio:
The transfer of the branch clerk of court to the office
of the Provincial Prosecutor or the difficulty
encountered by the legal researcher in studying
some material points, heavy work load, and other
circumstances allegedly beyond her control does not
absolve a judge from liability for failure to decide a
case within the reglementary period.
ARTICLE XII – NATIONAL ECONOMY AND
PATRIMONY
SEC. 1. GOALS OF THE NATIONAL ECONOMY
Three-fold goal:
2. More equitable distribution of opportunities,
income and wealth;
3. Sustained increase in the amount of goods
and services produced by the nation for the
benefit of the people; and
4. Expanding productivity, as the key to raising
the quality of life for all.
The State shall promote industrialization and full
employment
1. It should be based on sound agricultural
development and agrarian reform
2. It should be through industries that make full
and efficient use of human and natural
resources. Industries should also be
competitive in both domestic and foreign
markets.
Protection of Filipino enterprises
The State shall protect Filipino enterprises
against unfair foreign competition and trade
practices.
Role of Private Enterprises
Private enterprises, including corporations,
cooperatives, and similar collective organizations,
shall be encouraged to broaden the base of their
ownership.
Section 2. REGALIAN DOCTRINE
Distinction between Imperium and Dominium
Imperium: Government authority possessed by the
State which is appropriately embraced in sovereignty.
Dominium:
a. The capacity of the State to own and acquire
property.
b. It refers to lands held by the government in a
proprietary character: can provide for the
exploitation and use of lands and other
natural resources.
Scope:
The following are owned by the State:
1. Lands of the public domain:
2. Waters
3. Minerals, coals, petroleum, and other mineral
oils;
4. All sources of potential energy;
5. Fisheries;
6. Forests or timber;
7. Wildlife;
8. Flora and fauna; and
9. Other natural resources.
Alienation of Natural Resources
1. General Rule: All natural resources
CANNOT be alienated
2. Exception: Agricultural lands
Exploration, Development and Utilization of
Natural Resources
1. Shall be under the full control and
supervision of the State
2. Means
a. The state may DIRECTLY UNDERTAKE
such activities
b. The state may enter into COPRODUCTION,
JOINT VENTURE OR
PRODUCTION-SHARING arrangements
with Filipino citizen or Corporation or
association at least 60% of whose capital
is owned by such citizens
3. Limitations:
a. Period: It should not exceed 25 years,
renewable for not more than 25 years
b. Under terms and conditions as may be
provided by law.
5. In case of water rights/water
supply/fisheries/industrial uses other than the
development of water power
6. The beneficial use may be the measure and
limit of the grant.
Small-scale Utilization of Natural Resources
1. Congress may, by law, authorize small-scale
utilization of natural resources by Filipino
citizens
2. Congress may also authorize cooperative
fish farming with priority given to subsistence
fishermen and fishworkers in the rivers,
lakes, bays and lagoons.
Large-Scale Exploration, Development and
Utilization of Minerals/Petroleum/Other Mineral
Oils
1. The President may enter into agreements
with foreign owned corporations involving
technical or financial assistance for largescale
exploration etc. of minerals, petroleum,
and other mineral oils. These agreements
should be in accordance with the general
terms and conditions provided by law.
2. They should be based on the real
contributions to economic growth and
general welfare of the country.
3. In the agreements, the State should promote
the development and use of local scientific
and technical resources.
4. The President should notify Congress of
every contract under this provision within 30
days from its execution.
5. Management and service contracts are not
allowed under this rule.
Protection of Marine Wealth
1. The State shall protect its marine wealth in its
archipelagic waters, territorial sea & EEZ
2. The State shall reserve its use and
enjoyment exclusively to Filipino citizens.
Sec. 3. LANDS OF THE PUBLIC DOMAIN ARE
CLASSIFIED INTO:
1. Agricultural
2. Forest/timber
3. Mineral lands &
4. National Parks
NOTE:
1. Reclassification of PUBLIC (MINERAL AND
AGRICULTURAL) lands - exclusive
prerogative of the Executive Department
through the Office of the President, upon
recommendation by the DENR.
But as to FOREST AND NATIONAL
PARKS, it is the Congress which has the
sole power to reclassify.
2. Classification is descriptive of the legal
nature of the land and NOT what it looks like.
Thus, the fact that forest land is denuded
does not mean it is no longer forest land.
Alienable lands of public domain
1. Only agricultural lands are alienable.
2. Agricultural lands may be further classified by
law according to the uses to which they may
be devoted.
Limitations regarding Alienable Lands of the
Public Domain
1. For private corporations or associations
a. They can only hold alienable lands of the
public domain BY LEASE
b. Period: Cannot exceed 25 years,
renewable for not more than 25 years
c. Area: Lease cannot exceed 1,000
hectares
NOTE: A corporation sole is treated
like other private corporations for the purpose
of acquiring public lands.
2. For Filipino citizens
a. Can lease up to 500 hectares
b. Can ACQUIRE not more than 12 hectares
by purchase, homestead or grant
Means by Which Lands of the Public Domain
Become Private Land
1. Acquired from government by purchase or
grant;
2. Uninterrupted possession by the occupant
and his predecessors-in-interest since time
immemorial; and
3. Open, exclusive, and undisputed possession
of ALIENABLE (agricultural) public land for a
period of 30 years.
a. Upon completion of the requisite period,
the land becomes private property ipso jure
without need of any judicial or other
sanction.
b. Possession since time immemorial leads to
the presumption that the land was never
part of public domain.
c. In computing 30 years, start from when
land was converted to alienable land, not
when it was still forest land
d. Presumption is always that land belongs to
the State.
Sec. 4. Congress shall, as soon as possible,
determine by law, the specific limits of forest lands
and national parks, marking clearly their boundaries
on the ground. Thereafter, such forest lands and
national parks shall be conserved and may not be
increased or diminished, except by law. Congress
shall provide measures to prohibit logging in
endangered forest and Watershed areas for such
period as it may determine.
Sec. 5. ANCESTRAL LANDS
Protection of Indigenous Cultural Communities
1. The State protects the rights of indigenous
cultural communities to their ancestral lands
a. Subject to Constitutional provisions
b. Subject to national development policies
and programs
2. In determining ownership and extent of
ancestral domain, Congress may use
customary laws on property rights and
relations.
3. “ANCESTRAL DOMAIN”
a. It refers to lands which are considered as
pertaining to a cultural region
b. This includes lands not yet occupied,
such as deep forests.
Section 7. PRIVATE LANDS
General rule
1. Private lands CAN only be transferred or
conveyed to:
a. Filipino citizens
b. Corporations or associations
incorporated in the Philippines, at least
60% of whose capital is owned by
Filipino citizens
Exceptions
i. In intestate succession, where an alien
heir of a Filipino is the transferee of
private land.
ii. A natural born citizen of the Philippines
who has lost his Philippine citizenship
may be a transferee of PRIVATE
LAND, subject to limitation provided by
law. Hence, land can be used only for
residential purposes. In this case, he
only acquires derivative title.
iii. Foreign states may acquire land but
only for embassy and staff residence
purposes.
3. Filipino citizenship is only required at the time
the land is acquired. Thus, loss of citizenship
after acquiring the land does not deprive
ownership.
4. Restriction against aliens only applies to
acquisition of ownership. Therefore:
a. Aliens may be lessees or usufructuaries
of private lands
b. Aliens may be mortgagees of land, as
long as they do not obtain possession
thereof and do not bid in the foreclosure
sale.
5. Land tenure is not indispensable to the free
exercise of religious profession and worship.
A religious corporation controlled by non-
Filipinos cannot acquire and own land, even
for religious purposes.
Remedies to recover private lands from
disqualified aliens:
1. Escheat proceedings
2. Action for reversion under the Public Land Act
3. An action by the former Filipino owner to recover the land
a. The former in pari delicto principle has been abandoned
b. Alien still has the title (didn’t pass it on to one who is
qualified)
J.G. Summit Holdings v. Court of Appeals, 450 SCRA 169,
January 31, 2005
Ratio:
The prohibition under Section 7, Article XII of the
Constitution applies only to ownership of land – it
does not extend to immovable or real property as
defined in Article 415 of the Civil Code
The agreement of co-shareholders to mutually grant
the right of first refusal to each other, by itself, does
not constitute a violation of the provisions of the
Constitution limiting land ownership to Filipinos and
Filipino Corporations. If the foreign shareholdings of a
landholding corporation exceeds 40%, it is not the
foreign stockholders’ ownership of the shares which
is adversely affected but the capacity of the
corporation to own land – that is, the corporation
becomes disqualified to own land.
Section 10. NATIONAL ECONOMY AND
PATRIMONY/INVESTMENTS
Power of Congress
1. Congress, upon the recommendation of
NEDA, can reserve to Filipino citizens or to
corporations or associations at least 60% of
whose capital is owned by such citizens, or
such higher percentage as Congress may
prescribe, certain areas of investment. This
may be done when the national interest
dictates.
2. Congress shall also enact measures to
encourage the formation and operation of
enterprises whose capital is wholly owned by
Filipinos.
National Economy and Patrimony
In the grant of rights, privileges and concessions
covering the national economy and patrimony, the
State shall give preference to QUALIFIED Filipinos.
Sec. 11. FRANCHISES FOR PUBLIC UTILITIES
Power to grant:
1. Congress may directly grant a legislative
franchise; or
2. Power to grant franchises may be delegated
to appropriate regulatory agencies and/or
LGU’s
Public utility
1. In order to be considered as a public utility,
and thus subject to this provision, the
undertaking must involve dealing directly with
the public.
2. Thus, a Build-Operate-Transfer grantee is
NOT a public utility. The BOT grantee
merely constructs the utility, and it leases the
same to the government. It is the Utilities
government which operates the public utility 1. Filipino citizens; or
(operation separate from ownership). 2. Corporations
To whom granted: incorporated in RP, with
1. Filipino citizens or 60% Filipino ownership
2. Corporations or associations incorporated in Acquisition of alienable
the Philippines and at least 60% of the lands of the public
capital is owned by Filipino citizens. domain
Terms and conditions: 1. Filipino citizens; or
1. Duration: Not more than 50 years 2. Corporations
2. Franchise is NOT exclusive in character incorporated in RP, with
3. Franchise is granted under the condition that 60% Filipino ownership
it is subject to amendment, alteration, or 3. Former natural-born
repeal by Congress when the common good citizens of RP, as
so requires. transferees, with certain
Participation of Foreign Investors legal restrictions; and
1. The participation of foreign investors in the 4. Alien heirs as
governing body of any public utility enterprise transferees in case of
shall be limited to their proportionate share in intestate succession.
its capital. Practice of ALL
2. Foreigners cannot be appointed as the professions
executive and managing officers because Filipino citizens only
these positions are reserved for Filipino (natural persons)
citizens. *But Congress may, by
Sec.16.FORMATION/ORGANIZATION/ law, otherwise prescribe
REGULATION OF CORPORATIONS Mass media 1. Filipino citizens; or
1. Private corporations 2. Corporations
Congress can only provide for the incorporated in RP, and
formation, etc of private corporations through 100% Filipino owned
a general law. Advertising 1. Filipino citizens; or
2. GOCC’s 2. Corporations
They may be created by: incorporated in RP, and
a. Special charters in the interest of the 70% Filipino owned
common good and subject to the test of Educational Institution 1. Filipino citizens; or
economic viability. 2. Corporations
b. By incorporation under the general incorporated in RP, and
corporation law. 60% Filipino owned
EXCEPT: Schools
Sections 18-19. SPECIAL ECONOMIC POWERS established by religious
OF THE GOVERNMENT groups and mission
1. Temporary takeover or direction of boards.
operations: Congress may, by law,
a. Conditions increase Filipino
i. National emergency and requirements for ALL
ii. When the public interest requires educational institutions
b. May be used against privately owned Other economic
public utilities or businesses affected with activities
public interest. Congress may, by law,
c. Duration of the takeover: period of reserve to Filipino citizens
emergency or to corporations 60%
d. Takeover is subject to reasonable terms Filipino owned (or even
and conditons higher) certain investment
e. No need for just compensation because areas.
it is only temporary.
2. Nationalization of vital industries: ARTICLE XIII – SOCIAL JUSTICE AND HUMAN
a. Exercised in the interest of national RIGHTS
welfare or defense
b. Involves either: Social Justice
i. Establishment and operation of vital 1. Social justice in the Constitution is principally the
industries; or embodiment of the principle that those who have less in life
ii. Transfer to public ownership, upon should have more in law.
payment of just compensation, public 2. The 1987 Constitution advances beyond
utilities and other private enterprises what was in previous Constitutions in that it
to be operated by the government. seeks not only economic social justice but
Section 19. MONOPOLIES also political social justice.
1. The Constitution does NOT prohibit the Principal activities in order to achieve social justice
existence of monopolies. 1. Creation of more economic opportunities and
2. The State may either regulate or prohibit more wealth; and
monopolies, when public interest so requires. 2. Closer regulation of the acquisition,
3. Combinations in restraint of trade or unfair ownership, use and disposition of property in
competition are prohibited. order to achieve a more equitable distribution
Filipino citizenship or equity requirements: of wealth and political power.
ACTIVITY CITIZENSHIP AND/OR
EQUITY REQUIREMENTS Labor
Exploitation of natural Section 3 of Article XIII elaborates on the provision in
resources Article II by specifying who are protected by the
1. Filipino citizens; or Constitution, what rights are guaranteed, and what
2. Corporations positive measures the state should take in order to
incorporated in RP, with enhance the welfare of labor.
60% Filipino ownership
Operation of Public Right to organize and to hold peaceful concerted
activities
The right to organize is given to all kinds of workers
BOTH in the PRIVATE and PUBLIC sectors.
The workers have a right to hold peaceful concerted
activities except the right to strike, which is subject to
limitation by law.
Right to participate in the decision making
process of employers
The workers have the right to participate on matters
affecting their rights and benefits, “as may be
provided by law”. This participation can be through
1. collective bargaining agreements,
2. grievance machineries,
3. voluntary modes of settling disputes, and
4. conciliation proceedings mediated by
government.
Agrarian Reform
Goals: Agrarian reform must aim at
1. efficient production,
2. a more equitable distribution of land which
recognizes the right of farmers and regular
farmworkers who are landless to own the
land they till, and
3. a just share of other or seasonal farmworkers
in the fruits of the land.
CARL as an exercise of police power and power of
eminent domain: To the extent that the law
prescribes retention limits for landowners, there is an
exercise of police power. But where it becomes
necessary to deprive owners of their land in excess
of the maximum allowed, there is compensable
taking and therefore the exercise of eminent domain.
Reach of agrarian reform
It extends not only to private agricultural lands, but
also to “other natural resources,” even including the
use and enjoyment of “communal marine and fishing
resources” and “offshore fishing grounds”.
The Commission on Human Rights
Composition:
1. Chairman; and
2. 4 members
Qualifications:
1. Natural-born citizens of the Philippines;
2. Majority of the Commission must be
members of the Philippine Bar;
3. Term of office, other qualifications and
disabilities shall be provided by law;
4. The appointment of the CHR members is
NOT subject to CA confirmation; and
5. The CHR is not of the same level as the
COMELEC, CSC, or COA.
Powers:
1. INVESTIGATE all forms of human rights
violations involving civil or political rights
a. Violations may be committed by public
officers or by civilians or rebels.
b. CHR cannot investigate violations of
social rights.
c. CHR has NO adjudicatory powers over
cases involving human rights violations.
d. They cannot investigate cases where no
rights are violated.
e. Example: There is no right to occupy
government land, i.e. squat thereon.
Therefore, eviction therefrom is NOT a
human rights violation.
2. ADOPT operational guidelines and rules of
procedure.
3. CITE FOR CONTEMPT for violations of its
rules, in accordance with the Rules of Court.
4. PROVIDE APPROPRIATE LEGAL
MEASURES for the protection of the human
rights of all persons, within the Philippines,
as well as Filipinos residing abroad, and
provide for preventive measures and legal
aid services to the underprivileged whose
human rights have been violated or need
protection.
a. CHR can INITIATE COURT
PROCEEDINGS on behalf of victims of
human rights violations.
b. They can RECOMMEND THE
PROSECUTION of human rights
violators, but it cannot itself prosecute
these cases.
c. BUT: The CHR CANNOT ISSUE
RESTRAINING ORDERS OR
INJUNCTIONS against alleged human
rights violators. These must be obtained
from the regular courts.
5. EXERCISE VISITORIAL POWERS over jails,
prisons and other detention facilities.
6. ESTABLISH CONTINUING PROGRAMS
FOR RESEARCH, education and information in order to
enhance respect for the primacy of human rights.
7. RECOMMEND TO CONGRESS EFFECTIVE
MEASURES to promote human rights and to
provide compensation to victims of human
rights violations or their families.
8. MONITOR COMPLIANCE BY THE
GOVERNMENT with international treaty
obligations on human rights.
9. GRANT IMMUNITY FROM PROSECUTION
to any person whose testimony or whose
possession of documents or other evidence
is necessary or convenient to determine the
truth in any CHR investigation.
10. REQUEST ASSISTANCE from any
department, bureau, office, or agency in the
performance of its functions.
11. APPOINT ITS OFFICERS and employers in
accordance with law.
12. Perform such OTHER FUNCTIONS AND
DUTIES as may be provided for by law.
ARTICLE XIV - EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE, AND SPORTS
Education
Goals of the State:
The State shall promote and protect:
1. The right to quality education at all levels;
2. The right to affordable and accessible
education; and
3. Education that is relevant to the needs of
people and society.
Right to Education and Academic Freedom
The right to education must be read in conjunction
with the academic freedom of schools to require “fair,
reasonable, and equitable admission requirements.”
Power to Dismiss Students
1. Schools have the power to dismiss students,
after due process, for disciplinary reasons.
2. Acts committed outside the school may also
be a ground for disciplinary action if:
a. It involves violations of school policies
connected to school-sponsored activities;
or
b. The misconduct affects the student’s
status, or the good name or reputation of
the school.
Regulation of Right to Education
The right to education in particular fields may be
regulated by the State in the exercise of its police
power, e.g. the State may limit the right to enter
medical school by requiring the applicants to take the
NMAT.
Free Education
1. The State shall maintain a system of free
education in:
a. Elementary level, and
b. High school level.
2. Elementary education is compulsory for all
children of school age. However, this is a
moral rather than a legal compulsion.
Educational Institutions:
I. Filipinization
1. Ownership:
a. Filipino citizens, or
b. Corporations incorporated in RP and
60% Filipino-owned.
EXCEPT: Schools established by
religious groups and mission boards.
c. Congress may increase Filipino equity
requirements in ALL educational
institutions.
2. Control and Administration:
a. Must be vested in Filipino citizens
b. Refers to line positions, such as
President, Dean, Principal, and Trustees
c. Faculty members may be foreigners.
3. Student Population:
GENERAL RULE: Cannot establish
school exclusively for aliens. Aliens can only
comprise up to 1/3 of total enrollment.
EXCEPTIONS: Schools established
for foreign diplomatic personnel and their
dependents, and unless otherwise provided
for by law for other foreign temporary
residents.
II. Tax Exemptions
1. Non-stock, non-profit educational institutions:
a. All revenues and assets actually, directly
and exclusively used for educational
purposes are exempt from taxes and
duties.
b. This is self-executory.
2. Proprietary educational institutions, including
cooperatives:
a. Entitled to exemptions as may be
provided by law, including restrictions on
dividends and re-investment
b. Requires an enabling statute
c. Grants, endowments, donations and
contributions actually, directly and
exclusively used for educational
purposes are exempt from taxes, subject
to conditions prescribed by law.
III. Academic Freedom
1. Educational Institutions
Schools have the freedom to determine:
a. Who may teach,
b. What may be taught,
c. How it shall be taught, and
d. Who may be admitted to study
2. Faculty members
a. Full freedom in research and in the
publication of the results, subject to the
adequate performance of their other
academic duties.
b. Freedom in the classroom in discussing
their subjects, but they should be careful
not to introduce into their teaching
controversial matter which has no
relation to their subjects.
c. When faculty members speak or write in
their capacity as citizens, then they are
free from institutional censorship or
discipline.
3. Students
They have the right to enjoy in school the
guarantees of the Bill of Rights.
4. Limitations
a. Dominant police power of the State
b. Social interest of the community
5. Budgetary Priority:
Education must be assigned the highest
budgetary priority.
BUT: This command is not absolute.
Congress is free to determine what should be
given budgetary priority in order to enable it
to respond to the imperatives of national
interest and for the attainment of other state
policies or objectives.
Religious Education in Public Schools
Religion may be taught in public schools subject
to the following requisites:
1. Express written option by parents and
guardians;
2. Taught within regular class hours;
3. Instructors are designated and approved by
the proper religious authorities; and
4. WITHOUT ADDITIONAL COST TO THE
GOVERNMENT.
Section 6. Language
� National language: Filipino
� Official Languages: Filipino, and unless
otherwise provided by law, English.
� Regional languages are auxiliary to the
official languages.
� Spanish and Arabic are promoted only on an
optional and voluntary basis.
ARTICLE XVI - GENERAL PROVISIONS
Sections 1-2. Symbols of Nationality
1. FLAG
a. Red, white, and blue.
b. With a sun and 3 stars
c. The design may be changed by
constitutional amendment.
2. Congress may, by law, adopt a new:
A. NAME FOR THE COUNTRY,
b. NATIONAL ANTHEM, or
C. NATIONAL SEAL.
NOTE: Law will take effect upon ratification
by the people in a NATIONAL
REFERENDUM.
Section 3. State Immunity
Suability of State
1. The State cannot be sued without its
consent.
2. When considered a suit against the State
a. The Republic is sued by name;
b. Suits against an un-incorporated
government agency;
c. Suit is against a government official, but
is such that ultimate liability shall devolve
on the government
i. When a public officer acts in bad faith,
or beyond the scope of his authority,
he can be held personally liable for
damages.
ii. BUT: If he acted pursuant to his
official duties, without malice,
negligence, or bad faith, he is not
personally liable, and the suit is really
one against the State.
3. This rule applies not only in favor of the
Philippines but also in favor of foreign states.
4. The rule likewise prohibits a person from
filing for interpleader, with the State as one of
the defendants being compelled to
interplead.
Consent to be sued
I. Express consent:
1. The law expressly grants the authority to sue the State or
any of its agencies.
2. Examples:
a. A law creating a government body
expressly providing that such body “may
sue or be sued.”
b. Art. 2180 of the Civil Code, which creates
liability against the State when it acts
through a special agent.
II. Implied consent:
1. The State enters into a private contract.
The contract must be entered into by
the proper officer and within the scope of his
authority.
UNLESS: The contract is merely
incidental to the performance of a
governmental function.
2. The State enters into an operation that is
essentially a business operation.
a. UNLESS: The operation is incidental to
the performance of a governmental
function (e.g. arrastre services)
b. Thus, when the State conducts business
operations through a GOCC, the latter
can generally be sued, even if its charter
contains no express “sue or be sued”
clause.
NOTE: difference between:
i. Jure Gestionis - by right of Constitution and to ratify
economic or business relation =may such proposal
be sued 1. The power to pass,
ii. Jure Imperii - by right of sovereign repeal or amend
power, in the exercise of sovereign ordinary laws or statutes
functions.= no implied consent; (as opposed to organic
cannot be sued. law)
3. Suit against an incorporated government 2. It is exercised by
agency. Congress (by special
4. This is because they generally conduct constitutional
proprietary business operations and have conferment), by a
charters, which grant them a separate Constitutional Convention
juridical personality. or Commission, by the
5. The State files suit against a private party. people through initiative
6. UNLESS: The suit is entered into only to and referendum, and
resist a claim. ultimately, by the
Garnishment of government funds: sovereign electorate
GENERAL RULE: Not allowed. Whether the money 2. It is an ordinary power
is deposited by way of general or special deposit, of Congress and of the
they remain government funds and are not subject people, also through
to garnishment. initiative and
EXCEPTION: Where a law or ordinance has been referendum.
enacted appropriating a specific amount to pay a 3. The exercise of
valid government obligation, then the money can constituent power does
be garnished. not need the approval of
Consent to be sued is not equivalent to consent the Chief Executive
to liability: the exercise of
1. The Fact that the State consented to being legislative power
sued does not mean that the State will ordinarily needs the
ultimately be held liable. approval of the Chief
2. Even if the case is decided against the State, Executive, except when
an award cannot be satisfied by writs of done by people through
execution or garnishment against public initiative and
funds. Reason: No money shall be paid out referendum.
of the public treasury unless pursuant to an Three (3) steps necessary to give effect to
appropriation made by law. amendments and revisions:
Rules regarding payment of Interests by 1. Proposal of amendments or revisions by the
Government in Money Judgments against it: proper constituent assembly;
GENERAL RULE: Government cannot be made to 2. Submission of the proposed amendments or
pay interests; revisions; and
EXCEPTIONS: 3. Ratification.
1. Eminent domain; Proposal of amendments:
2. Erroneous collection of taxes; or Amendments may be proposed by:
3. Where government agrees to pay interest 1. Congress, acting as a constituent assembly,
pursuant to law. by a 3/4 vote of all its members.
Section 4. THE ARMED FORCES OF THE a. The power of Congress to propose
PHILIPPINES amendments is NOT part of its ordinary
Composition: A citizen armed force legislative power.
Prohibitions and disqualifications: b. The only reason Congress can exercise
1. Military men cannot engage, directly or such power is that the Constitution has
indirectly, in any partisan political activity, granted it such power.
except to vote. 2. Constitutional Convention:
2. Members of the AFP in active service cannot a. How a Constitutional Convention may be
be appointed to a civilian position in the called
government, including GOCCs or their i. Congress may call a ConCon by a 2/3
subsidiaries. vote of all its members; or
The Chief of Staff: ii. By a majority vote of all its members,
GENERAL RULE: Tour of duty: Not to exceed three Congress may submit to the
years electorate the question of whether to
EXCEPTION: In times of war or other national call a ConCon or not.
emergency as declared by Congress, the b. Choice of which constituent assembly
President may extend such tour of duty. (either Congress or ConCon) should
initiate amendments and revisions is left
ARTICLE XVII- AMENDMENTS OR REVISIONS to the discretion of Congress. In other
DEFINITIONS: words, it is a political question.
c. BUT: The manner of calling a ConCon is
AMENDMENT: an alteration of one or a few specific subject to judicial review, because the
provisions of the Constitution. Its main purpose is Constitution has provided for voting
to improve specific provisions of the Constitution. requirements.
The changes brought about by amendments will d. If Congress, acting as a constituent
not affect the other provisions of the Constitution. assembly, calls for a ConCon but does
not provide the details for the calling of
REVISION: An examination of the entire Constitution such ConCon, Congress - exercising its
to determine how and to what extent it should be ordinary legislative power - may supply
altered. A revision implies substantive change, such details. But in so doing, Congress
affecting the Constitution as a whole. (as legislature) should not transgress the
Constituent power Legislative power resolution of Congress acting as a
1. The power to formulate constituent assembly.
a Constitution or to e. Congress, as a constituent assembly and
propose amendments to the ConCon have no power to
or revisions of the appropriate money for their expenses.
Money may be spent from the treasury
only pursuant to an appropriation made
by law.
3. People’s Initiative
a. Petition to propose such amendments
must be signed be at least 12% of ALL
registered voters.
b. Every legislative district represented by
at least 3% of the registered voters
therein.
c. Limitation: It cannot be exercised more
often than once every 5 years
Defensor-Santiago v. COMELEC, G.R. 127325
Requires implementing legislation: The
Supreme Court held that RA 6735, the Initiative and
Referendum law is insufficient. Therefore,
amendment by initiative and referendum must still
await a valid law.
NOTE:
1. While the substance of the proposals made
by each type of constituent assembly is not
subject to judicial review, the manner the
proposals are made is subject to judicial
review.
2. Since these constituent assemblies owe their existence to
the Constitution, the courts may
determine whether the assembly has acted in
accordance with the Constitution.
3. Examples of justiciable issues:
a. Whether a proposal was approved by the
required number of votes in Congress
(acting as a constituent assembly).
b. Whether the approved proposals were
properly submitted to the people for
ratification.
Proposal of Revisions
By Congress, upon a vote of 3/4 of its members
By a constitutional convention
Ratification
Amendments and revisions proposed by
Congress and/or by a ConCon:
� Valid when ratified by a MAJORITY of votes
cast in a plebiscite.
� Plebiscite is held not earlier than 60 days nor
later than 90 days from the approval of such
amendments or revisions.
Amendments proposed by the people via
initiative:
Valid when ratified by a MAJORITY of votes
cast in a plebiscite.
Plebiscite is held not earlier than 60 days nor later
than 90 days after the certification by COMELEC of
the petition's sufficiency.
Requisites of a valid ratification:
1. Held in a plebiscite conducted under the
election law;
2. Supervised by the COMELEC; and
3. Where only franchised voters (registered)
voters take part.
Issues regarding ratification:
The Constitution does not require that amendments
and revisions be submitted to the people in a special
election. Thus, they may be submitted for ratification
simultaneously with a general election.
The determination of the conditions under which
proposed amendments/revisions are submitted to the
people falls within the legislative sphere. That
Congress could have done better does not make the
steps taken unconstitutional.
All the proposed amendments/revisions made by the
constituent assemblies must be submitted for
ratification in one single plebiscite. There cannot be a
piece-meal ratification of amendments/revisions.
Presidential proclamation is NOT required for
effectivity of amendments/revisions, UNLESS the
proposed amendments/revisions so provide.
ARTICLE XVIII - TRANSITORY PROVISIONS
Effectivity of the 1987 Constitution
The 1987 Constitution took effect immediately upon
its ratification.
According to the SC, this took place on February 2,
1987, which was the day the
PUBLIC INTERNATIONAL LAW
THE NATURE OF INTERNATIONAL LAW
International Law – Set of rules and principles that
governs the relationships between States and other
international actors which under Modern International
Law includes International Organizations,
Transnational Corporations and Individuals.
Distinction between a subject and object of
international law
1. Subject - An entity that has rights and
responsibilities under international law; it can
be a proper party in transactions involving
the application of international law among
members of the international community.
2. Object - A person or thing in respect of
which rights are held and obligations
assumed by the subject; it is not directly
governed by the rules of international law; its
rights are received, and its responsibilities
imposed, indirectly through the
instrumentality of an international agency.
NOTE: Given the trend in International Law today,
with the birth of the ICC and Arbitration Courts, the
line between a Subject and Object of International is
increasingly being blurred.
Divisions of International Law
1. Laws Of Peace- governs the normal
relations of States
2. Laws Of War - rules during periods of
hostility
3. Laws Of Neutrality- rules governing States
not involved in the hostilities
SOURCES OF INTERNATIONAL LAW
Article 38 of the Statute of the International Court
of Justice (ICJ).
1. Primary
a. Treaty / international conventions -
Generally, a treaty only binds the parties.
However, treaties may be considered a
direct source of Int'l law when concluded
by a sizable no. of States, and is
reflective of the will of the family of
nations (in which case, a treaty is
evidence of custom).
b. Custom – General and consistent
practice of states followed by them from
a sense of legal obligation. 2 Elements:
i. State Practice – a consistent and
uniform external conduct of States.
Generally, both what states say and
what they do are considered state
practice.
ii. Opinio Juris - State practice must
be accompanied with the conviction
that the State is legally obligated to
do so by int'l law, and not through
mere courtesy or comity, or
because of humanitarian
considerations.
c. General Principles Of Law - Principles
common to most national systems of law;
rules based on natural justice. Ex. good
faith, estoppel, exhaustion of local
remedies
2. Secondary
a. Judicial Decisions - a subsidiary means
for the determination of rules of law (e.g.,
determining what rules of customary IL
exist) that is acceptable so long as they
correctly interpret and apply int'l law.
NOTE: Even decisions of national courts, when
applying int'l law, are acceptable. Ex. Principles
on diplomatic immunity have been developed by
judgments of national courts.
b. Teachings Of The Most Highly
Qualified Publicists -- The word
'Publicist' means 'learned writer.' Learned
writings, like judicial decisions, can be
evidence of customary law, and can also CANNOT escape LIABILITY it may incur as a result
play a subsidiary role in developing new of such non-performance.
rules of law. b. Rebus Sic Stantibus - A party is not bound
Requisites for Highly Qualified Publicist to perform a treaty if there has been a
1. Fair and impartial representation of law. fundamental change of circumstances since
2. By an acknowledged authority in the field. the treaty was concluded.
Q: What is 'INSTANT' CUSTOM? i. Described as the exception to the rule of
A: Customary law may emerge even within a pacta sunt servanda.
relatively short period of time, if within that period, ii. justifies the non-performance of a treaty
State Practice has been uniform and extensive. It obligation if the subsequent condition in
comes about as a spontaneous activity of a great relation to which the parties contracted
number of states supporting a specific line of action. has changed so materially and
unexpectedly as to create a situation in
TREATIES which the exaction of performance would
A treaty is an International Agreement in written form be unreasonable.
concluded between States that may be embodied in iii. Rebus sic stantibus may not be invoked
one or more instrument, and is governed by as a ground for terminating or
International Law. (Art. 2, Vienna Convention on the withdrawing from a treaty:
Law of Treaties). a. if the treaty establishes a boundary
Q: If not in writing, is it still considered a treaty? b. if the 'fundamental change' is the
A: Yes. Oral agreements between States are result of a breach by the party
recognized as treaties under customary international invoking it of an obligation under the
law (but are extremely rare nowadays). treaty or of any other obligation owed
1. Difference between Treaty and Executive to any other party to the treaty.
Agreement c. Jus Cogens - a rule which has the status of
TREATY EXECUTIVE a preemptory (i.e., absolute,
AGREEMENT uncompromising) norm of international law
S where no derogation may be permitted.
UBJ Elements:
E i. a norm accepted and recognized
CT ii. by the int'l community of States as a
MATT whole
E iii. as a norm from which no derogation is
R permitted.
[CODE: PCI] iv. It can only be modified by a subsequent
1. Political Issues norm having the same character.
2. Changes in If a treaty, at the time of its
National Policy conclusion, conflicts with jus cogens, it is
3. Involve void.
international Examples:
arrangements 1. prohibition against the unlawful use of force;
of a permanent 2. prohibition against piracy, genocide, and
character slavery
[CODE: TAAI] Steps in treaty-making process:
1. Have Transitory 1. Negotiation;
effectivityAdjustment 2. Signature;
of details carrying 3. Ratification;
out well-established 4. Exchange of Instruments of Ratification;
national policies and 5. Registration with UN.
traditions
3. Arrangements of Reservation
temporary nature A unilateral statement made by a State when signing,
4. Implementation of ratifying, accepting, approving or acceding to a treaty,
treaties, statutes, whereby it purports to exclude or to modify the legal
well-established effects of certain provisions of the treaty in their
policies application to that State.
Rati
fi Invalidity of treaties: Grounds
cati 1. Error of fact
o 2. Fraud
n 3. Corruption
While the 4. Duress
Constitution vests 5. Jus cogens
the power to
NEGOTIATE Termination Of Treaty
treaties with the 1. Expiration of term;
President, such 2. Accomplishment of purpose;
must be RATIFIED 3. Impossibility of performance;
by the 2/3 of the 4. Loss of subject matter;
Senate to become 5. Novation;
valid and effective 6. Desistance of parties;
(Art.7, Sec 21) 7. Extinction of one of parties, if treaty is
Do not need to be bipartite;
ratified by the Senate 8. Occurrence of vital change of
2. Principal Rules of International Law in circumstances;
Connection to Treaties 9. Outbreak of war; and
a. Pacta Sunt Servanda – All parties to a 10. Voidance of treaty.
Treaty must comply with their Treaty Succession to treaties: the “Clean Slate” rule
Obligation in Good Faith. When one state ceases to exist and is succeeded by
NOTE: A state can avoid PERFORMANCE if the another on the same territory, the newly independent
treaty obligation collides with its Constitution, but it state is not bound to maintain in force, or become a
party to, any treaty although it may agree to be bound
by treaties made by its predecessor.
INTERNATIONAL LAW AND MUNICIPAL LAW
Effect of Municipal Law in International Law
2 Theories:
1. Dualism – domestic and international law
are independent of each other, as they
regulate different subject matters. IL
regulates the relations of sovereign states,
while municipal law regulates the internal
affairs of a state. Thus, no conflict can ever
arise between international and municipal
law, because the two systems are mutually
exclusive. If IL is applied within a state, it is
only because it has been expressly
incorporated by municipal law. The
Philippines is a dualist state.
2. Monism – Monists have a unitary concept
of law and see all law – including both
international and municipal law – as an
integral part of the same system. If conflict
exists between international law and
municipal law, international law must
prevail. Germany is a monist state.
2 Views:
1. Doctine Of Incorporation - rules of
international law form part of the law of the
land and no further legislative action is
needed to make such rules applicable in the
domestic sphere.
a. Such is recognized in art. 2, sec. 2, as
the Philippines "adopts the generally
accepted principles of international law
as part of the law of the land."
b. Rules of international law are given
equal standing with, but are not superior
to, national legislative enactments.
Thus, the Constitution, as the highest
law of the land, may invalidate a treaty
in conflict with it. (Secretary of Justice v.
Hon. Lantion and Mark Jimenez, Jan.
18, 2000)
2. Doctrine Of Transformation - the generally
accepted rules of int'l law are not per se
binding upon the State but must first be
embodied in legislation enacted by the
lawmaking body and so transformed into
municipal law. Only when so transformed
will they become binding upon the State as
part of its municipal law.
In case of conflict between international law and
domestic law:
1. International rule: Before an international
tribunal, a state may not plead its own law
as an excuse for failure to comply with
international law. The state must modify its
laws to ensure fulfillment of its obligations
under the treaty, unless the constitutional
violation is manifest and concerns a rule of
internal law of fundamental importance.
2. Municipal rule: When the conflict comes
before a domestic court, domestic courts
are bound to apply the local law. Should a
conflict arise between an international
agreement and the Constitution, the treaty
would not be valid and operative as
domestic law. It does not, however, lose its
character as international law.
SUBJECTS OF INTERNATIONAL LAW
State
Elements of a state:
Art. 1, Montevideo Convention:
1. a permanent population;
2. a defined territory;
3. government;
4. capacity to enter into relations with other States
Distinctions Between Sovereignty And
Independence
1. SOVEREIGNTY is the broader term. It
refers to the supreme and uncontrollable
power inherent in the State by which such
State is governed. It has 2 aspects:
a. INTERNAL- freedom of the State to
manage its own affairs.
b. EXTERNAL- freedom of the State to
direct its foreign affairs.
2. INDEPENDENCE is synonymous with
external sovereignty. It is defined as the
power of a State to manage its external
affairs without direction or interference from
another State.
Principles Of State Succession
1. State Succession is the substitution of one
State by another, the latter taking over the
rights and some of the obligations of the
former.
2. 2 types of State Succession:
a. Universal- takes place when a State is
completely annexed by another, or is
dismembered or dissolved, or is created
as a result of merger of 2 or more
States.
b. Partial - takes place when a portion of
the territory of a State loses part of its
sovereignty by joining a confederation
or becoming a protectorate or
suzerainty.
3. Effects of State Succession
a. The allegiance of the inhabitants of the
predecessor State is transferred to the
successor State.
b. The political laws of the predecessor
State are automatically abrogated but
the non-political laws are deemed
continued unless expressly repealed or
contrary to the institutions of the new
sovereign.
c. The public property of the predecessor
State is acquired by the successor State
but not the tort liability of the former.
d. Treaties entered into by the
predecessor State are not considered
binding on the successor State except
those dealing with local rights and
duties such as servitudes and
boundaries.
Succession Of Government
1. In succession of government, the integrity of
the original State is not affected as what
takes place is only a change in one of its
elements, the government.
2. Effects of a change in government:
a. If effected by peaceful means, the new
government inherits all rights and
obligations of the old government.
b. If effected by violence, the new
government inherits all the rights of the
old government. However, the new
government may reject the obligations
of the old government if they are of a
political complexion. If the obligations
are the consequence of the routinary act
of administration of the old government,
they should be respected.
Territory
1. Methods used in defining the territorial sea
2. Normal baseline method
Under this method, the territorial sea is
drawn from the low-water mark of the coast
to the breadth claimed, following its
sinuosities and curvatures but excluding the
internal waters in bays and gulfs.
3. Straight baseline method
Straight lines are made to connect
appropriate points on the coast without
departing radically from its general direction.
The waters inside the lines are considered
internal.
4. Some modes of acquisition:
a. Cession
It is a derivative mode of acquisition
by which territory belonging to one state
is transferred to the sovereignty of
another state in accordance with an
agreement between them.
b. Subjugation
It is a derivative mode of acquisition
by which the territory of one state is
conquered in the course of war and
thereafter annexed and placed under
sovereignty of the conquering state.
c. Prescription
It is a derivative mode of acquisition
by which territory belonging to one state
is transferred to the sovereignty of
another state by reason of the adverse
and uninterrupted possession thereof by
the latter for a sufficiently long period of
time.
RIGHT OF LEGATION
1. It is the right of a state to maintain diplomatic
relations with other states.
2. Types:
a. Active- right to send diplomatic
representatives
b. Passive- right to receive diplomatic
representatives
Functions of Diplomatic Missions:
� representing sending state in receiving state;
� protecting in receiving state interests of
sending state and its nationals;
� negotiating with government of receiving
state;
� promoting friendly relations between sending
and receiving states and developing their
economic, cultural, and scientific relations;
� ascertaining by all lawful means conditions
and developments in receiving state and
reporting thereon to government of sending
state; and
� in some cases, representing friendly
governments at their request.
Diplomatic and Consular immunity
1. personal inviolability
2. immunity of embassy and legation buildings
3. right of protection
4. extraterritoriality- exemption from local
jurisdiction on the basis of international
custom
5. exemption from taxes and personal services
6. inviolability of means of communication
7. Diplomatic bag- immune from search
PRINCIPLES OF JURISDICTION OF STATES
1. Territoriality principle: The fundamental
source of jurisdiction is sovereignty over
territory. A state has absolute, though not
necessarily exclusive, power to prescribe,
adjudicate, and enforce rules for conduct
within its territory.
2. Nationality principle: Every state has
jurisdiction over its nationals even when
those nationals are outside the state.
3. Protective principle: A state may exercise
jurisdiction over conduct outside its territory
that threatens its security, as long as that
conduct is generally recognized as criminal
by the states in the international community.
4. Universality principle: Recognizes that
certain offenses are so heinous and so
widely condemned that any state, if it
captures the offender, may prosecute and
punish that person on behalf of the world
community regardless of the nationality of the
offender or victim or where the crime was
committed.
5. Passive personality principle: A state may
apply law – particularly criminal law – to an
act committed outside its territory by a
person not its national where the victim of the
act was its national.
This principle has not been ordinarily
accepted for ordinary torts or crimes, but is
increasingly accepted as applied to terrorist
and other organized attacks on a state’s
nationals by reason of their nationality, or to
assassination of a state’s diplomatic
representatives of other officials.
Some Incomplete Subjects Of International Law
1. PROTECTORATES – dependent states
which have control over their internal affairs
but whose external affairs are controlled by
another state.
2. FEDERAL STATE – union of previously
autonomous entities. The central organ will
have personality in international law, but the
extent of the international personality of the
component entities can be a problem.
3. MANDATED AND TRUST TERRITORIES –
territories placed by the League of Nations
under one or other of the victorious allies of
WWI.
STATE RESPONSIBILITY
1. It is the doctrine which holds a state
responsible for any injury sustained by an
alien within its jurisdiction. Because of an
international wrong imputable to it, the state
will be responsible if it is shown that it
participated in the act or omission
complained of or was remiss in redressing
the resultant wrong.
2. Elements of State Responsibility
a, breach of an international obligation
b, attributability
3. Types of State responsibility
a, Direct responsibility-attaches to the
state if the wrongful act/omission was
effected through any of its superior
organs acting on its behalf
b, Indirect responsibility- Acts of the following are
attributable to the state:
i, state organs
ii, other persons exercising elements of
governmental authority in the absence
or default of the official authorities and
in circumstances calling for the
exercise of those elements of
authority
iii, insurrectional or other movement
which becomes the new government
4. Conditions for the enforcement of the
doctrine of state responsibility
a, The injured alien must first exhaust all
local remedies
b, He must be represented in the int'l Claim
for damages by his own state (ordinarily,
individuals have no standing to bring a
claim before international law).
SETTLEMENT OF DISPUTES
AMICABLE METHODS
1. NEGOTIATION- discussion by the parties of
their respective claims and counterclaims
with a view to the just and orderly
adjustment.
2. INQUIRY - an investigation of the points in
question with the view that this will contribute
to the solution of the problem
3. GOOD OFFICES - method by which a 3rd
party attempts to bring the disputing states
together in order that they may be able to
discuss the issues in contention.
4. MEDIATION- 3rd party actively participates
in the discussion in order to reconcile the
conflicting claims. Suggestions of mediator
are merely persuasive
5. CONCILIATION- 3rd party also actively
participates in order to settle the conflict.
Suggestions of conciliator are also not
binding. As distinguished from mediation,
the services of the conciliator were solicited
by the parties in dispute.
6. ARBITRATION- process by which the
solution of a dispute is entrusted to an
impartial tribunal usually created by the
parties themselves under a charter known as
the compromis. The proceedings are
essentially judicial and the award is, by
previous agreement, binding on the parties
HOSTILE/NON-AMICABLE METHODS
1. RETORSION - is a lawful act which is
designed to injure the wrongdoing State.
Ex.: cutting off economic aid (this is lawful
because there is no legal obligation to
provide economic aid).
2. REPRISAL - an act which would normally be
illegal but which is rendered legal by a prior
illegal act committed by the State against
which the reprisal is directed; it is a form of
retaliation against the prior illegal act.
3. Reprisals may be used only when other
means of redress (e.g. protests and
warnings) have failed.
4. SEVERANCE (OF DIPLOMATIC
RELATIONS)- One country cuts of all
diplomatic ties with another, as a sign of
protest/hostility.
5. NAVAL BLOCKADE- Blocking the ports of a
country with naval forces.
6. EMBARGO- Preventing the ingress to and
egress from a country of commercial and
other goods; refusal by a state to undertake
commercial transactions with another state.
SPECIAL TOPICS
Extradition
1. EXTRADITION is the surrender of a person
by one state to another state where he is
wanted for prosecution or, if already
convicted, for punishment.
2. Basis of Extradition: a treaty. Outside of
treaty, there is no rule in international law
compelling a State to extradite anyone. Such
may be done, however, as a gesture of
comity.
3. Principles:
a. Principle of Specialty - a fugitive who is
extradited may be tried only for the crime
specified in the request for extradition
and such crime is included in the list of
extraditable offenses in the treaty.
b. Under the Political offense exception,
most extradition treaties provide that
political and religious offenders are not
subject to extradition.
Attentant Clause- assassination
of head of state or any member of his
family is not regarded as political offense
for purposes of extradition. Also for the
crime of genocide.
c. There can only be extradition if there is a
treaty between the states.
4. PROCEDURE FOR EXTRADITION: (Judicial
and diplomatic process of request and
surrender) PD 1069
a. Request through diplomatic
representative with:
b. DFA forwards request to DOJ
c. DOJ files petition for extradition with
RTC,
d. RTC issues summons or warrant of
arrest to compel the appearance of the
individual;
e. hearing (provide counsel de officio if
necessary)
f. appeal to CA within 10 days whose
decision shall be final and executory;
g. decision forwarded to DFA through the
DOJ;
h. Individual placed at the disposal of the
authorities of requesting state-costs and
expenses t be shouldered by requesting
state.
Q: The Philippines entered into an extradition
treaty with another country which provided that it
would apply crimes committed before its
effectivity. The country asked the Philippines to
extradite X for a crime committed before the
effectivity of the treaty. X argued the extradition
would violate the prohibition against ex post
facto laws. Is he right?
A: No. The constitutional prohibition applies to penal
laws only. The extradition treaty is not a penal law.
(Wright v. CA, 235 SCRA 341)
SECRETARY OF JUSTICE V. HON. LANTION AND MARK
JIMENEZ (G.R. # 139465, Oct. 17, 2000, overturning
the Court’s previous decision in 322 SCRA 160 dated
Jan. 18, 2000)
By virtue of an extradition treaty between the
US and the Philippines, the US requested for the
extradition of Mark Jimenez for violations of US tax
and election laws. Pending evaluation of the
extradition documents by the Philippine government,
Jimenez requested for copies of the US' extradition
request. The Secetary of Justice denied that request.
ISSUE: During the evaluation stage of the extradition
proceedings, is private respondent entitled to the two
basic due process rights of notice and hearing?
HELD: Private respondent is bereft of the right to
notice and hearing during the evaluation stage of the
extradition process. Extradition is a proceeding sui
generis. It is not a criminal proceeding which will call
into operation all the rights of an accused guaranteed
by the Bill of Rights. The process of extradition does
not involve the determination of the guilt or innocence
of an accused. His guilt or innocence will be
adjudged in the court of the state where he will be
extradited. There is NO deprivation of the right to due
process.
Dissent (original decision): Under the extradition
treaty, the prospective extraditee may be
provisionally arrested pending the submission of the
request. Because of this possible consequence, the
evaluation process is akin to an administrative
agency conducting an investigative proceeding, and
partakes of the nature of a criminal investigation.
Thus, the basic due process rights of notice and
hearing are indispensable.
Assuming that the extradition treaty does not
allow for such rights, the Constitutional right to
procedural due process must override treaty
obligations. When there is a conflict between
international law obligations and the Constitution, the
Constitution must prevail.
United Nations Organs
1. GENERAL ASSEMBLY
Composition: All members of the UN (as of
1996: 185 member States)
Function: The GA may discuss any question
or matter within the scope of the Charter or relating to
the powers and functions of any other organ. It is
also vested with jurisdiction over matters concerning
internal machinery and operations of the UN.
2. SECURITY COUNCIL
Composition: 15 members:
a. 5 Permanent Members (China, France,
UK, US, Russia)
b. 10 non-permanent: elected for 2 year
terms by the General Assembly.
Function: the maintenance of international
peace and security.
Q: What is the "double veto"?
A: In all non-procedural matters, each permanent
member is given a 'veto' - a Security Council decision
is ineffective if even one permanent member votes
against it. The veto does not ordinarily apply to
Procedural matters. However, a permanent member
may exercise a 'double veto' when it vetoes any
attempt to treat a question as procedural, and then
proceed to veto any draft resolution dealing with that
question.
1. SECRETARIAT - CHIEF ADMINISTRATIVE ORGAN
OF THE UN
2. ECONOMIC AND SOCIAL COUNCIL - organ
charged with promoting social progress and
better standards of life in larger freedom
3. TRUSTEESHIP COUNCIL - organ charged with
administration of Int'l Trusteeship System.
4. INTERNATIONAL COURT OF JUSTICE - judicial
organ of the UN.
Use Of Force
1. Under Article 2(4) of the UN Charter, all
member States are bound to refrain from the
threat or use of force against the territorial
integrity or political independence of a State.
Recognized exceptions:
a) self-defense
b) military action taken or authorized by the
UN or competent Regional organizations
(such as NATO).- collective self- defense
2. Requirement of proportionality in the use of
force
3. Aggression- as used in international law
means the use of armed force by a state
against the sovereignty, territorial integrity or
political independence of another state, or in
army other manner inconsistent with the
charter of the UN.
Types:
• direct
• indirect- ideological agression
Calvo Clause
It is a provision inserted in contracts, in which the
foreigner agrees in advance not to seek the
diplomatic protection of his national State.
In general, International Courts have disregarded
such clauses, as the right to diplomatic protection is a
right which belongs to a State, and waiver from an
individual does not bind his State.
State Immunity (Jure Imperii And Jure Gestionis)
Originally, under customary international law the
doctrine of absolute state immunity applied, covering
all areas of State activity and recognizing only very
narrow exceptions.
Nowadays, the rule is to adopt a doctrine of
qualified immunity -- that is, immunity is granted to
foreign States only in respect of their governmental
acts (acts jure imperii), not in respect of their
commercial acts (acts jure gestionis).
Diplomatic Immunity
Diplomatic Immunity is a principle of customary
international law that grants immunity to diplomatic
representatives, in order to uphold their dignity as
representatives of their respective states and to allow
them free and unhampered exercise of their
functions. In the Philippines, immunity is claimed by
request of the foreign state for endorsement by the
Department of Foreign Affairs. The determination by
the executive department is considered a political
question that is conclusive upon Philippine Courts.
International Contracts
Usually, agreements between States and foreign
corporations contain stipulations as to which national
legal system governs the contract. Occasionally,
however, in case of powerful multinational
companies, such contracts are placed not under any
single system of municipal law, but under
international law, general principles of law, or the
provisions of the contract itself.
The reason for concluding these so-called
internationalized contracts is to establish a balance
between the parties and prevent the State party from
evading its obligations under the contract by
changing its own internal law. This is mostly secured
by an arbitration clause referring disputes under the
agreement to an international body.
The international court of justice
1. "Optional Clause" of the ICJ:
As a rule, the ICJ can operate only on
the basis of the consent of States to its
jurisdiction. Such may take the form of a
special agreement between States to
submit an existing dispute before the Court
(i.e. compromis).
However, under the 'optional clause'
(art. 36(2), ICJ Statute), a State may declare
in advance that they recognize the
jurisdiction of the Court as compulsory ipso
facto and without need of special agreement,
in relation to any other State accepting the
same obligation, in all legal disputes
concerning:
a. the interpretation of a treaty;
b. any question of international law
c. existence of any fact which, if
established, would constitute breach of
international obligation; and
d. nature or extent of reparation to be made
for breach of international obligation.
2. STARE DECISIS does not apply to the ICJ.
Under the statute of the Court, previous
decisions have no binding force; in practice,
however, the Court always takes past
decisions into account.
Q: What does it mean to decide a case EX
AEQUO ET BONO?
A: It is to rule in justice and fairness -- equity
overrides all other rules of law. The ICJ has no power
to decide a case ex aequo et bono, unless all parties
agree thereto [art. 38(2), ICJ Statute].
Q: Who has standing before the ICJ?
A: Only States may be parties in contentious
proceedings before the ICJ (art 34, ICJ Statute).
Outer Space
1. The exploration and use of outer space,
including the moon and other celestial
bodies, shall be carried out for the benefit
and in the interests of all countries,
irrespective of their degree of economic or
scientific development, and shall be the
province of all mankind.
2. Outer space, including the moon and other
celestial bodies, shall be free from
exploration and use by all States without
discrimination of any kind, on a basis of
equality and in accordance with international
law, and there shall be free access to all
areas of celestial bodies.
3. Outer space, including the moon and other
celestial bodies, is not subject to national
appropriation by claim of sovereignty, by
means of use or occupation, or by any other
means.
4. Astronauts are envoys of mankind in outer
space, and states party to the Treaty on the
Exploration and Use of Outer Space shall
render to them all possible assistance in the
event of accident, distress, or emergency
landing on the territory of another State party
or on the high seas. When astronauts make
such a landing, they shall be safely and
promptly returned to the State of registry on
their space vehicle.
WAR
Armed contention between public forces of states or
other belligerent communities implying employment o
force between parties of force between parties for
purpose of imposing their respective demands upon
each other.
BASIC PRINCIPLES OF WAR:
1. Principle of Military Necessity- belligerents
may employ any amount and kind of force to
compel complete submission of enemy with
least possible loss of lives, time, and money.
2. Principle of Humanity- prohibits use of any
measure that is not absolutely necessary for
purposes of war; and
3. principle of Chivalry- basis of such rules as
those that require belligerents to give proper
warning before launching a bombardment or
prohibit use of perfidy (treachery) in conduct
of hostilities.
RIGHTS OF PRISONERS OF WAR
1. to be treated humanely;
2. not subject to torture;
3. allowed to communicate with their families
4. receive food, clothing religious articles,
medicine;
5. bare minimum of information;
6. keep personal belongings
7. proper burial;
8. group according to nationality;
9. establishment of an informed bureau;
10. repatriation for sick and wounded (1949
Geneva Convention)
11. LAW ON HUMAN RIGHTS
UNIVERSAL DECLARATION OF HUMAN RIGHTS
What is the Universal Declaration of Human
Rights (UDHR)?
The UDHR is the basic international statement of the
inalienable and inviolable rights of human beings. It is
the first comprehensive international human rights
instrument.
What are the rights covered by the UDHR?
The UDHR proclaims two broad category of rights:
(a) civil and political rights; and (b) economic, social,
and cultural rights.
Are these rights subject to limitations?
Yes, the exercise of these rights and freedoms may
be subject to certain limitations, which must be
determined by law, only for the purpose of securing
due recognition and respect for the rights of others
and of the meeting the just requirements of morality,
public order and the general welfare in a democratic
society. Rights may not be exercised contrary to the
purposes and principles of the UN. (Article 29 of the
UDHR)
International Covenant on Economic, Social, and
Cultural Rights ( ICESCR)
What are the rights guaranteed by the Covenant?
1. Right of self-determination (Art. 1)
2. Right to work and accompanying rights
thereto (Arts. 6, 7, 8)
3. Right to Social Security and other social
rights (Arts. 9& 10)
4. Adequate standard of living (Art. 11 (1))
including: (a) right to adequate housing (Art.
11 (1)); (b) right to adequate food (Art. 11 (1).
11 (2)); (c) Right to adequate clothing (Art. 11
(1)
5. Right to health (Art. 12)
6. Right to education (Arts. 13 &14)
7. Cultural rights (Art. 15)
What are the States-parties’ obligations under the
Covenant?
1. Specific Obligations under Article 2
To take steps ti the maximum
available resources, towards the progressive
realization of the rights in the covenant;
Non-discrimination- states guarantee
the exercise of the rights without
discrimination (Art. 2 [2]).
2. Three General duties/ obligations of states:
Just like the ICCPR and other human rights
conventions, ESCR imposes three different
types of obligations:
a. To respect- requires to refrain from
interfering with enjoyment of rights. Thus,
there is violation if it engages in forced
eviction;
b. To protect- requires states to prevent
violations by third parties. Thus, failure to
ensure compliance by private employers
with basic labor standards violates the
right to work;
c. To fulfill- requires states to take
appropriate measures (legislative, judicial
etc.) towards the full realization of the
rights. Thus, the states’ failure to provide
essential primary health care to the
needy amounts to a violation.
International Covenant on Civil and Political
Rights (ICCPR)
What are some of the civil and political rights
recognized under the ICCPR?
1. Right of the peoples to self-determination
(art. 1)
2. Right to an effective remedy (art. 2)
3. Equal rights of men and women in the
enjoyment of civil and political rights/ nopndiscrimination
on the basis of sex (Art. 3)
4. Right to life (art. 6)
5. Freedom from torture or cruel, inhuman or
degrading punishment (art. 7)
6. Freedom from slavery (art. 8)
7. Right to liberty and security of person (art. 9)
8. Right to be treated with humanity in cases of
deprivation of liberty (art. 10)
9. Freedom from imprisonment for failure to
fulfill a contractual obligation (art. 11)
10. Freedom of movement and the right to travel
(art. 12)
11. Right to a fair, impartial and public trial (art.
14)
12. Freedom from ex post fact laws (art. 15)
13. Right of recognition everywhere as a person
before the law (art. 16)
14. Right to privacy (art. 17)
15. Freedom of thought, conscience, and religion
(art. 18)
16. Freedom of expression (art. 19)
17. Freedom of peaceful assembly (art. 21)
18. Freedom of association (art. 22)
19. Right to marry and found a family (art. 23)
20. Right of a child to protection, a name and nationality (art.
24)
21. Right to participation, suffrage, and access to
public service (art. 25)
22. Right to equal protection before the law (art.
26)
23. Right of minorities to enjoy their own culture,
to profess and prtactice their religion and to
use their own language.
When can a State Party derogate from the
ICCPR?
A state party to the ICCPR may derogate from the
treaty “in time of oublic emergency which threatens
the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present
Covenant to the extent strictly required by the
exigencies of the situation, provided that such
measures are not inconsistent with their obligations
under international law and do not involve
discrimination solely on the ground of race, colour,
sex, language, religion or social origin.” (Art. 4 (1),
ICCPR)
What are the Non-derogable rights under the
ICCPR?
Even in times of national emergency, no
derogation can be made from the following:
1. Right to life (art. 6)
2. Freedom from torture or cruel, inhuman or
degrading punishment (art. 7)
3. Freedom from slavery (art. 8)
4. Freedom from imprisonment for failure to
fulfill a contractual obligation (art. 11)
5. Freedom from ex post fact laws (art. 15)
6. Right of recognition everywhere as a person
before the law (art. 16)
7. Freedom of thought, conscience, and religion
(art. 18)
(Art. 4 (2), ICCPR)
Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
What does discrimination against women cover?
Art. 1 defines Discrimination against Women as “ any
distinction, exclusion, or restriction made of the basis
of sex which has the effect or purpose or impairing or
nullifying the recognition, enjoyment or exercise by
women, irrespective or their marital status, on a basis
of equality of men and women, of human rights and
fundamental freedoms in the political, economic,
social cultural, civil, or any other field.
What are the State Obligations of State-Parties
under CEDAW?
Arts. 2- 16 enumerate the Obligations of State-
Parties
I. Legal Measures (de jure)
1. embody principle of equality of men and
women in the national constitution and other
apprpriate laws (art. 2[a])
2. adopt apprpriate legislative and other
measures prohibiting all discrimination
against women, which includes legislation to
modify, abolish, or repeal discriminatory
laws, regulations, customs, and practices
(art. 2 [b]. [f] and [g])
3. adopt appropriate legislation to ensure full
development and advancement of women,
for the purpose of guaranteeing exercise and
enjoyment of Human Rights on the basis of
equality with men (art. 3)
4. adopt appropriate legislation to suppress all
forms of traffic in women and exploitation and
prostitution of women. (Art. 6)
II. Administrative Measures (de facto)
1. refrain from any act or practice which is
discriminatory against women (includes
public authorities and institutions) (art. 2 [d])
2. adopt temporary special measures to
address de fact inequality of men and women
(art. 4 [1])
3. modify the social and cultural patterns of
conduct of men and women to eliminate
practices based on the idea of inferiority.
Superiority of either men or women (art. 5
[a])
4. educate family as to proper social function of
maternity and common responsibility in
rearing children (art. 5 [b])
What are some Civil and Political Rights under
CEDAW, which are unique to women?
1. Guarantee of civil and political rights
2. right to acquire, change, and retain
nationality- not prejudiced by marriage to a
foreigner (art. 9 [1])
3. equal rights with men as regards nationality
of children (art. 9 [2])
4. equal rights with men as regards freedom of
movement and choice of domicile/ residence
(art. 15 [4])
What are some Economic, Social and Cultural
Rights under CEDAW which are unique to
women?
1. Guarantee of Economic, Social and Cultural
rights
2. equal rights with men as regards education
(Art. 10)
� elimination of stereotyped concept of
roles of man and women through coeducation,
revision of textbooks,
programmes and teaching methods;
reduction of female student dropouts;
and access to information on
health and well-being of families,
including advice of family planning.
3. equal rights with men as regards
employment (art. 11)
4. prohibition against dismissals due to
marriage, pregnancy or maternity leave;
5. promotion of child-care facilities; special
protection to pregnant women as regards
type of work.
6. equal access with men as regards health
services, right to services in connection with
pregnancy, adequate nutrition during
pregnancy and lactation and confinement
and the post natal period (art. 12)
7. right to enter into marriage, to freely choose
a spouse and to enter into marriage only with
free and full consent;
8. equal rights and responsibilities as parents,
to freely decide number of children and
access to information and education to be
able to exercise these rights.
ADMINISTRATIVE LAW
Sources of power of administrative agencies:
� charter or statute
� constitution
Powers of Administrative Agencies
As to their nature:
1. Quasi-legislative power / Power of
subordinate legislation
2. Quasi-judicial power/Power of
adjudication
3. Determinative powers (Note: Senator
Neptali Gonzales calls them incidental
powers)
4. Investigatory power (although some
authors include this as part of quasijudicial
power, De Leon is of the opinion
that it is separate and distinct, not
merely incidental)
Note: the failure to exercise such powers
granted to them does not forfeit or extinguish
them
As to the degree of subjective choice:
1. Discretionary- the power or right
conferred upon them by law to act
officially under the circumstances,
according to the dictates of their own
judgment/conscience
2. Ministerial- nothing is left to discretion; a
duty performed in response to what has
been imposed by law
Definition of "QUASI-LEGISLATIVE POWER"
It is the authority delegated by the law-making
body to the administrative body to adopt rules
and regulations intended to carry out the
provisions of a law and implement legislative
policy.
Distinctions between Quasi-legislative power
and legislative power
1. LEGISLATIVE power involves the
discretion to determine what the law
shall be. QUASI-legislative power only
involves the discretion to determine how
the law shall be enforced.
2. LEGISLATIVE power CANNOT be
delegated. QUASI-legislative power
CAN be delegated.
Tests of Delegation (applies to the power to
promulgate administrative regulations)
1. COMPLETENESS test. This means
that the law must be complete in all its
terms and conditions when it leaves the
legislature so that when it reaches the
delegate, it will have nothing to do but to
enforce it.
2. SUFFICIENT STANDARD test. The law
must offer a sufficient standard to
specify the limits of the delegate’s
authority, announce the legislative policy
and specify the conditions under which it
is to be implemented.
NOTE: These two must CONCUR. If one or
both are absent, any delegation that occurs is
UNDUE DELEGATION of legislative powers.
Exceptions to the rule requiring standards or
guides
� handling of state property or funds
� when the law does not involve personal
or property rights
� matters of internal administration
� power of the board to make
recommendation
� matters involving privileges (like use of
property, engaging in profession)
� regulation or exercise of police power to
protect general welfare, morals and
public policy
Limitations on the exercise of quasilegislative
power
1. it must be within the limits of the powers
granted to Administrative agencies
2. cannot make rules or regulations which
are inconsistent with the provisions of
the Constitution or statute
3. cannot defeat/ derogate the purpose of and mandates that the regulation
the statute shall be based on certain facts as
4. may not amend, alter, modify, supplant, determined at an appropriate
enlarge, or limit the terms of the statute investigation.
5. a rule or regulation must be uniform in b. And, if the regulation is in effect a
operation, reasonable and not unfair or settlement of a controversy between
discriminatory specific parties, it is considered an
Definition of “QUASI-JUDICIAL POWER” administrative adjudication,
It is the power of administrative authorities to requiring notice and hearing.
make determinations of facts in the performance DISTINC
of their official duties and to apply the law as TIONS
they construe it to the facts so found. .It LEGISLATIVE INTERPRE
partakes of the judicial, but is exercised by a TATIVE
person other than a judge. 1. Capacity
Determinative Powers [DEEDS] that
1. ENABLING powers administrati
Those that PERMIT the doing of an act which ve agency
the law undertakes to regulate and would be is acting in
unlawful without government approval. Legislative Judicial
Ex. Issuance of licenses to engage in a 2. What
particular business administrati
2. DIRECTING powers ve agency
Those that involve the corrective powers of is doing
public utility commissions, powers of It supplements
assessment under the revenue laws, reparations the statute by
under public utility laws, and awards under filling in the
workmen’s compensation laws, and powers of details
abstract determination such as definitionvaluation, It says
classification and fact finding what the
3. DISPENSING powers statute
Exemplified by the authority to exempt from or means
relax a general prohibition, or authority to relieve 3. Force
from an affirmative duty. Its difference from and effect
licensing power is that dispensing power Legislative
sanctions a deviation from a standard. regulations have
4. SUMMARY powers the force and
Those that apply compulsion or force against effect of law
person or property to effectuate a legal purpose immediately
without a judicial warrant authorizing such upon going into
action; usually without notice and hearing. effect. Such is
Ex. Abatement of nuisance, summary accorded by the
restraint, levy of property of delinquent courts or by
taxpayers express
5. EQUITABLE powers provision of
Those that pertain to the power to determine the statute.
law upon a particular state of facts. It refers to Merely
the right to, and must, consider and make proper persuasive/
application of the rules of equity. Received
Ex. Power to appoint a receiver, power to by the
issue injunctions courts with
Definition of “INVESTIGATORY POWER” much
The power to inspect, secure, or require respect but
the disclosure of information by means of not
accounts, records, reports, statements and accorded
testimony of witnesses. with finality
Administrative agencies do not have the Prescribing of Rates
inherent power to require the attendance of It can be either:
witnesses but has the power to require the 1. LEGISLATIVE
production of books, etc. The exertion if not If the rules/rates are meant to
expressly provided for by law must be done apply to all enterprises of a given kind
through judicial process. throughout the country, prior notice and
Neither do they have the inherent power hearing is NOT required.
to punish a person who fails to appear before 2. QUASI-JUDICIAL
them for contempt in the absence of any If the rules and rates imposed
statutory provision granting the same. apply exclusively to a particular party,
Kinds of Administrative Regulations based upon a finding of fact, prior notice
Requisites of a Valid Administrative and hearing is REQUIRED.
Regulation Requirement of Publication
1. Its promulgation must be authorized by Administrative Regulations that MUST be
the legislature. published:
2. It must be within the scope of the 1. Administrative regulations of GENERAL
authority given by the legislature. application.
3. It must be promulgated in accordance 2. Administrative regulations which are
with the prescribed procedure. PENAL in nature.
4. It must be reasonable. 3. When the law specifically requires
Need for Previous Notice and Hearing notice and hearing
1. General Rule: Administrative rules of Administrative regulations that DO NOT NEED
GENERAL application do NOT require to be published:
previous notice and hearing. 1. INTERPRETATIVE regulations
2. Exceptions: 2. INTERNAL RULES AND
a. When the legislature itself requires it REGULATIONS governing the
personnel of the administrative agency.
3. Letters of instruction issued by
administrative superiors concerning
guidelines to be followed by their
subordinates. (Tanada v. Tuvera)
Special Requisites of a Valid Administrative
Regulation with a PENAL sanction
1. The law itself must make violation of the
administrative regulation punishable.
2. The law itself must impose and specify
the penalty for the violation of the
regulation.
3. The regulation must be published.
Requisites for Proper Exercise of Quasi-
Judicial Power
1. Jurisdiction
2. Due process
Requirements of Procedural Due Process in
Administrative Proceedings
1. The right to a hearing, which includes
the right to present one’s case and
submit evidence in support thereof.
2. The tribunal must consider the evidence
presented.
3. The decision must be based on facts
and law.
4. The evidence must be substantial.
5. The decision must be rendered on the
evidence presented at the hearing, or at
least contained in the record and
disclosed to the parties affected.
6. The tribunal or body or any of its judges
must act on its or his own independent
consideration of the law and facts 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 can know the
various issues involved, and the reason
for the decision rendered.
NOTE: The rule requiring an admin officer to
exercise his own judgment and discretion DOES
NOT preclude him from utilizing the aid of his
subordinates in the hearing and reception of
evidence.
When an admin agency acts as a collegiate
body, its power and duties CANNOT be
exercised by the members individually.
Exceptions to the Notice and Hearing
Requirement:
1. Urgency of immediate action
2. Tentativeness of the administrative
action
3. Right was previously offered but not
claimed
4. Summary abatement of a nuisance per
se
5. Preventive suspension of a public
servant facing administrative charges
6. Padlocking of filthy restaurants/theaters
showing obscene movies
7. Cancellation of a passport of a person
sought for criminal prosecution
8. Summary proceedings of levy upon
properties of a delinquent taxpayer
9. Replacement of a temporary or acting
appointee
Doctrine of RIPENESS FOR JUDICIAL
REVIEW
1. This determines the point at which
courts may review admin action.
2. Application:
a. when the interest of the plaintiff is
subjected to or imminently
threatened with substantial injury
b. if the statute is self-executory
c. when a party is immediately
confronted with the problem of
complying or violating a statute and
there is a risk of criminal penalties
d. when plaintiff is harmed by the
vagueness of the statute
Questions Reviewable on Judicial Review:
1. Questions of FACT
General Rule: Courts will not disturb
the findings of administrative agencies
acting within the parameters of their own
competence.
Exception: If such findings are NOT
supported by substantial evidence.
By reason of their special knowledge,
expertise, and experience, the courts
ordinarily accord respect if not finality to
factual findings of administrative tribunals.
2. Questions of LAW
Administrative decision may be
appealed to the courts independently of
legislative permission.
It may be appealed even against
legislative prohibition because the judiciary
cannot be deprived of its inherent power to
review all decisions on questions of law.
Enforcement of admin determinations/
decisions
Must be in accordance with the manner
prescribed by the statute. Or, if there is no
provision, resort to the courts is necessary for
enforcement.
Doctrine of FINALITY
General Rule: Courts are reluctant to interfere
with actions of an administrative agency prior to
its completion or finality. Absent a final order or
decision, power has not been fully and finally
exercised, and there can usually be no
irreparable harm.
Exceptions:
1. Interlocutory order affecting the merits of
a controversy;
2. Preserve status quo pending further
action by the administrative agency;
3. Essential to the protection of the rights
asserted from the injury threatened;
4. Officer assumes to act in violation of the
Constitution and other laws;
5. Order not reviewable in any other way;
6. Order made in excess of power
Doctrine of PRIMARY JURISDICTION
1. Courts cannot or will not determine a
controversy, which requires the
expertise, specialized skills and
knowledge of the proper administrative
bodies because technical matters of
intricate questions of fact are involved.
2. Relief must first be obtained in an
administrative proceeding before a
remedy will be supplied by the court,
despite the matter is within the proper
jurisdiction of a court.
Doctrine of PRIOR RESORT
When a claim originally cognizable in the courts
involves issues, which under a regulatory
scheme are within the special competence of an
administrative agency, judicial proceedings will
be suspended pending the referral of these
issues to the administrative body for its view.
NOTE: The doctrines of primary jurisdiction and
prior resort have been considered to be
interchangeable.
Doctrine of EXHAUSTION OF
ADMINISTRATIVE REMEDIES
General Rule: An administrative decision must
first be appealed to the administrative superiors
up to the highest level before it may be elevated
to a court of justice for review.
NOTE: The premature invocation of a court’s
intervention is fatal to one’s cause of action
Reasons:
1. to enable the administrative superiors to
correct the errors committed by their
subordinates.
2. courts should refrain from disturbing the
findings of administrative bodies in
deference to the doctrine of separation of
powers.
3. courts should not be saddled with the
review of administrative cases.
4. judicial review of administrative cases is
usually effected through special civil
actions which are available only if there is
no other plain, speedy and adequate
remedy.
Exceptions:
1. when the question raised is purely
legal, involves constitutional questions
2. when the administrative body is in
estoppel
3. when act complained of is patently
illegal
4. when there is urgent need for judicial
intervention
5. when claim/ amount involved is small
6. when irreparable damage is involved
7. when there is no other plain, speedy ,
adequate remedy
8. when strong public interest is involved
9. when the subject of controversy is
private land
10. in quo warranto proceedings
11. when the administrative remedy is
permissive, concurrent
12. utter disregard of due process
13. long-continued and unreasonable delay
14. when no administrative review is
provided
15. respondent is a department secretary
(DOCTRINE OF QUALIFIED
POLITICAL AGENCY – ALTER EGO
DOCTRINE)
Substantial evidence – defined to mean not
necessarily preponderant proof as required in
ordinary civil cases but such kind of relevant
evidence which a reasonable mind might accept
as adequate to support a conclusion.
Tudtud v. Caayon ,454 SCRA 10 (March 28,
2005)
Ratio:
• Civil Service Commission Resolution
No. 99-1936 classifies simple neglect of
duty as a less grave offense and
imposes the penalty of suspension of 1
month and 1 day to 6 months for the
first offense.
Lim v.Dumlao, 454 SCRA 196 (March 31,
2005)
Ratio:
• Unjustified failure to comment on an
administrative complaint constitutes
gross misconduct and insubordination.
MMDA v. Garin, 456 SCRA 176 (April 15, 2005)
Ratio:
• Only where there is a traffic law or
regulation validly enacted by legislature
or those agencies to whom legislative
powers have been delegated that the
MMDA may confiscate and suspend or
revoke driver’s licenses in the exercise
of its mandate of transport and traffic
management, as well as the
administration and implementation of all
traffic enforcement operations, traffic
engineering services and traffic
education programs.
• Republic Act No. 7924 does not grant
the MMDA with the police power, let
alone the legislative power, and that all
its functions are legislative in nature.
• The laudable intentions regarding the
creation of the MMDA are limited by its
enabling law which the Court can but
interpret – MMDA’s efforts must be
authorized by a valid law, or ordinance,
or regulation arising from a legitimate
source.
Bagano v. Hontanosas, 458 SCRA 59 (May 6,
2005)
Ratio:
• When the law or rule is so elementary,
as that which written motions to be
heard, not knowing about it constitutes
gross ignorance of the law even in the
absence of malicious intent.
Mendoza v National Police Commission ,460
SCRA 399 (June 21, 2005)
Ratio: In cases where the decision rendered by
a bureau or office is appealable to the Civil
Service Commission, the same may initially be
appealed to the Department and finally to the
Commission.
Concerned Taxpayer v Doblada*, 470 SCRA
218 (September 20, 2005)
Ratio:
• The prescription provided for in RA 3019
does not apply in administrative cases –
administrative offenses do not prescribe.
LAW ON PUBLIC CORPORATION
Definition of public corporation
It is formed or organized for the government of a
portion of the State. (Corporation Code)
Elements of a municipal corporation
1. A legal creation or incorporation
2. A corporate name by which the
artificial personality or legal entity is
known and in which all corporate acts
are done
3. Inhabitants constituting the population
who are invested with the political and
corporate powers which are executed
through duly constituted officers and
agents
4. A place or territory within which the local
civil government and corporate functions
are exercised.
Dual nature of municipal corporations
1. Governmental
a. The municipal corporation acts as
an agent of the State for the
government of the territory and the
inhabitants within the municipal
limits
b. It exercises by delegation a part of
the sovereignty of the State
2. Private/proprietary
a. It acts in a similar category as a
business corporation, performing
functions not strictly governmental
or political
b. Those exercised for the special
benefit and advantage of the
community.
Note: Local Government Code §15. Every LGU
created or recognized under this Code is a body
politic and corporate endowed with powers to be
exercised by it in conformity with law. As such, it
shall exercise powers as a POLITICAL
SUBDIVISION of the national government and
as a CORPORATE ENTITY representing the
inhabitants of its territory.
Requisites for the Incorporation of a
Municipal Corporation
CODE: Te Po C
1. Territory
2. Population
3. Charter
Requisites of a De Facto Municipal
Corporation
1. A valid law authorizing incorporation
2. An attempt in good faith to organize
under it
3. A colorable compliance with the law
4. An assumption of corporate powers
An attack on Legal Existence
A quo warranto proceeding brought by the State
is the proper remedy. It should be commenced
within 5 years from the time the act complained
of was committed.
Creation of Local Government Units (LGUs)
Authority to Create LGUs (§ 6, LGC)
1. By law enacted by Congress
a. Province
b. City
c. Municipality
b. Any other political subdivision (A
barangay may also be created by
law. See §386)
2. By ordinance passed by Sangguniang
Panlalawigan /Panlungsod
For barangay located within its
territorial jurisdiction
Indicators for creation/conversion
a. Income
b. Population
c. Land Area
Plebiscite Requirement
It applies to the creation, division,
merger, abolition or substantial alteration of
boundaries of LGU.
Creation etc. should be approved by a
majority of the votes cast in a plebiscite called
for the purpose in the political unit or units
directly affected.
Beginning of Corporate Existence ( §14,
LGC)
Corporate existence commences upon the
election and qualification of its chief executive
and a majority of members of the Sanggunian
unless some other time is fixed by the law or
ordinance creating it.
Local Autonomy
Local autonomy can be considered a measure
of decentralization of the functions of
government. Under the principle of local
autonomy and decentralization, LGUs have
more powers, authority, responsibilities and
resources.
Decentralization
It is the devolution of national administration, not
power, to the local levels, in which local officials
remain accountable to the central government in
the manner the law may provide.
Levels of Decentralization
Administrative Autonomy
1. The central government delegates
administrative powers to the political
subdivisions.
2. Purposes
a. To broaden the local power base
b. To make the units more responsive
and accountable
c. To ensure the full development of
LGUs into self-reliant communities
d. To break the monopoly of the
national government over managing
local affairs
e. To relieve the national government
from the burden of managing local
affairs
Political Autonomy
1. Involves the abdication of political power
in favor of LGUs declared to be
autonomous
2. It would amount to self-immolation
because the autonomous government
would become accountable to its
constituency, not to the central
government.
Devolution
It refers to the act by which the national
government confers power and authority upon
the various LGUs to perform specific functions
and responsibilities. (§ 17, LGC). It is
considered mandatory under the LGC.
Distinction between Supervision and Control
Supervision
It means the overseeing or the power or
authority of an officer to see that the subordinate
officers perform their duties.
In relation to LGUS, the President only
has the power of supervision over LGUS. Thus,
he cannot interfere with the local governments
as long as they act within the scope of their
authority.
Under the LGC (§25), the President
exercises direct supervision over provinces,
highly urbanized cities and independent
component cities. He exercises indirect
supervision over component cities and
municipalities through the provinces. He also
exercises indirect supervision over barangays
through the city or municipality concerned.
Control
It means the power of an officer to alter or
modify or nullify or set aside what a subordinate
officer has done in the performance of his/her
duties and to substitute the judgment of the
former for that of the latter.
In relation to LGUs, it is Congress which
exercises control over them.
Police Power
Police power is not inherent in municipal
corporations. Under the LGC, LGUs exercise
police power under the general welfare clause
(See § 16)
Branches of the general welfare clause
One branch relates to such ordinances
and regulations as may be necessary to carry
into effect and discharge the powers and duties
conferred upon the municipal council by law.
The second branch is more independent
of the specific functions of the council. It
authorizes ordinances as are necessary and
proper to provide for the health and safety,
promote prosperity, improve morals, peace,
good order etc.
Eminent Domain and Reclassification of
Land
Requisites for Valid Exercise [CODE: OPJO]
1. ORDINANCE authorizing the local chief
executive to subject a certain property to
expropriation
2. Expropriation should be for a PUBLIC
USE/PURPOSE or for the WELFARE of
the POOR/LANDLESS.
3. Payment of JUST COMPENSATION
4. Valid and definite OFFER TO PAY
which was NOT accepted.
Role of Supervising Local Government Unit
It can only declare the ordinance invalid on the
sole ground that it is beyond the power of the
lower LGU to issue. Hence, it cannot declare
the ordinance invalid on the ground that it is
unnecessary. (Moday v. CA, Feb. 20, 1997)
Role of National Government
The approval of the national government is not
required of local governments to exercise the
power of eminent domain.
Role of Judiciary
1. Can inquire into the legality of the
exercise of the right.
2. Can determine whether there was a
genuine necessity
NOTE: Only cities and municipalities can
reclassify agricultural lands through the proper
ordinance after conducting public hearings for
the purpose.
Grounds for Reclassification
1. When the land ceases to be
economically feasible and sound for
agricultural purposes as determined by
the Department of Agriculture.
2. When the land shall have substantially
greater economic value for residential,
commercial or industrial purposes as a. the barangay, municipality, city or
determined by the Sanggunian province where he intends to be
concerned. elected
Taxation b. the district where he intends to be
Power to tax of LGUs is now pursuant to direct elected in case of a member of the
authority conferred by the 1987 Constitution. Sangguniang panlalawigan,
Since LGUs have no inherent power to tax, their Sangguniang panlungsod or
power must yield to a legislative act. Sangguniang bayan.
Legislative Power 3. Resident therein for at least 1 year
1. Local chief executive (except for punong immediately preceding the day of the
barangay because he is already a election.
member of the Sangguniang barangay) 4. Able to read and write Filipino/ any other
has to approve the ordinance enacted local language or dialect
by the council. Age requirement
2. Veto power of local chief executive. (§ POSITION AGE
55) REQUIREMENT
a. Grounds Governor, Vice
i. Ultra vires Governor, Mayor, Vice
ii. Prejudicial to public welfare Mayor, member of
b. Item veto Sangguniang
i. Appropriations ordinance Panlungsod in highly
ii. Ordinance/resolution adopting local urbanized cities
development plan and public At least 23 years old
investment program on election day
iii. Ordinance directing the payment of Mayor, Vice Mayor of
money or creating liability. independent component
Veto communicated to sanggunian cities or municipalities
within 15 days for province and 10 days At least 21 years old
for city or municipality. Member of Sangguniang
Review by Higher/Supervising Council Panglungsod, Member of
1. The higher council can declare the Sangguniang Bayan,
ordinance/resolution invalid if it is Punong Barangay,
beyond the scope of the power Member of Sangguniang
conferred upon the lower Sanggunian. Barangay
2. For barangay ordinances, the higher At least 18 years old
council can also rule that it is Disqualifications for Local Elective Officials (§
inconsistent with law or city/municipal 40)
ordinances. 1. Those sentenced by final judgment for
Corporate Powers (§ 22) CODE: S C Re C O an offense involving moral turpitude, or
1. To have continuous succession in its for an offense punishable by 1 year or
corporate name more of imprisonment within 2 years
2. To sue and be sued after serving sentence
3. To have and use a corporate seal 2. Those removed from office as a result of
4. To acquire and convey real or personal an administrative case.
property 3. Those convicted by final judgment for
5. To enter into contracts violating the oath of allegiance to the
6. To exercise such other powers as are Republic
granted to corporations, subject to 4. Those with dual citizenship
limitations in LGC/other laws. 5. Fugitives from justice in criminal or nonpolitical
Requisites of valid municipal contracts: cases here or abroad
1. LGU has express, implied or inherent 6. Permanent residents in a foreign
power to enter into a particular contract; country or those who have acquired the
2. Entered into by proper department, right to reside abroad and continue to
board, committee, or agent; avail of the same right after the
3. must comply with substantive effectivity of this Code
requirements; 7. The insane or feeble minded
4. must comply with formal requirements; Term of Office
5. in case entered into by local chief Term of office: 3 years
executive on behalf of LGU, prior No local elective official shall serve for more
authorization by Sanggunian concerned than 3 consecutive terms in the same position.
is needed Voluntary renunciation of the office for any
Municipal Liability length of time shall be considered an interruption
Rule: Local Government units and their officials in the continuity of service for the full term for
are not exempt from liability for death or injury to which the elective official concerned was
persons or damage to property (Sec 24 R.A. elected.
7160) Vacancies
Doctrine of Implied Municipal Liability Permanent vacancy
A municipality may become obligated upon an 1. Grounds
implied contract to pay the reasonable value of a. Elective local official fills a higher
the benefits accepted or appropriated by it as to vacant office
which it has the general power to contract; the b. Refuses to assume office
doctrine applies to all cases where money or c. Fails to qualify
other property of a party is received under such d. Dies
circumstances that the general law, independent e. Removed from office
of an express contract, implies an obligation to f. Voluntarily resigns
do justice with respect to the same (Nachura, g. Permanently incapacitated to
Reviewer in Political Law, p. 499) discharge the functions of his
Qualifications of Elective Local Officials (§ office
39) 2. Filling of vacancy
1. Filipino citizen a. Automatic succession
2. Registered voter in: b. by appointment
3. Ranking- It is determined on the basis of WHOM
proportion of votes obtained by each 1. Sanggunian
winning candidate to the total number of Panlalawigan or
registered voters in each district in the Panlungsod of
immediately preceding local election highly urbanized
4. The general rule is that the successor cities and
(by appointment) should come from the independent
same political party as the Sanggunian component cities
member whose position has become President, through
vacant. The exception would be in the Executive Secretary
case of vacancy in the Sangguniang 2. Sangguniang
barangay. Panlungsod of
Temporary Vacancy Component Cities,
Grounds (not exclusive list) Sangguniang
1. Leave of absence Bayan
2. Travel abroad Governor
3. Suspension from office 3. Sangguniang
If the positions of governor, mayor or Barangay
punong barangay become temporarily vacant, City/Municipal
the vice-governor, vice-mayor or highest ranking Mayor upon
Sanggunian member will automatically exercise Recommendation of
the powers and perform the duties and functions the Sanggunian
of the local chief executive concerned. barangay concerned
Exception: He/she cannot exercise the be considered ipso facto resigned from his office
power to appoint, suspend or dismiss upon filing of his certificate of candidacy.
employees. Exception to exception: If the period Grounds for Disciplinary Actions (§ 60)
of temporary incapacity exceeds 30 working CODE: DCDCAUAS
days. An elective local official may be disciplined,
Termination of temporary incapacity suspended or removed from office on any of the
Upon submission to the appropriate following grounds:
Sanggunian of a written declaration by the local 1. Disloyalty to the Republic of the
chief that he has reported back to office Philippines
If the temporary incapacity was due to 2. Culpable violation of the Constitution
legal reasons, the local chief executive should 3. Dishonesty, oppression, misconduct in
also submit necessary documents showing that office, gross negligence, dereliction of
the legal causes no longer exist. duty
Appointment of OIC: 4. Commission of any offense involving
The local chief executive can designate moral turpitude or an offense punishable
in writing an OIC if he is traveling within the by at least prison mayor
country but outside his territorial jurisdiction for a 5. Abuse of authority
period not exceeding 3 consecutive days. 6. Unauthorized absence for 15
The OIC cannot exercise the power to consecutive working days, except in the
appoint, suspend or dismiss employees. case of members of the Sanggunian
Omnibus Election Code (§ 67) panlalawigan, Sangguniang
Any elective official, whether national or panlungsod, Sangguniang bayan,
local, running for any office other than the one Sangguniang barangay.
which he is holding in a permanent capacity, 7. Application for or acquisition of foreign
except for President and Vice-President, shall citizenship or residence or the status of
VACANCY SUCCESSOR an immigrant of another country.
1. In the office of 8. Such other grounds as may be provided
the governor, by the Code/other laws.
mayor Preventive Suspension (§ 63)
Vice-Governor, Vice- 1. When can it be imposed
Mayor a. After the issues are joined
2. In the office of b. When the evidence of guilt is strong
the governor, c. Given the gravity of the offense,
vice-governor, there is great probability that the
mayor or vicemayor continuance in office of the
Highest ranking respondent could influence the
Sanggunian member witnesses or pose a threat to the
3. In the office of safety and integrity of the records
the highest and other evidence
ranking 2. Who can impose preventive suspension
Sanggunian IMPOSED BY: RESPONDENT
member (who LOCAL OFFICIAL
was supposed to 1. President Elective official of a
fill the vacant province, highly
position of urbanized
governor etc. or Independent
Second highest component city
ranking Sanggunian 2. Governor Elective official of a
member component city or
4. In the office of municipality
the punong 3. Mayor Elective official of a
barangay barangay
Highest ranking 3. Duration of preventive suspension
sangguniang barangay � Single preventive suspension
member/2nd highest should not exceed 60 days.
ranking sanggunian � If several administrative cases are
member filed against an elective official, he
VACANCY APPOINTMENT BY cannot be preventively suspended
for more than 90 days within a
single year on the same ground/s
existing and known at the time of
the first suspension.
Suspension
It should not exceed the unexpired
term of the respondent or a period of 6
months for every administrative offense.
Penalty is NOT a bar to the candidacy of
the respondent suspended as long as he meets
the qualifications for the office.
Removal as result of Administrative
Investigation
It serves as a BAR to the candidacy of the
respondent for any elective position.
Recall (§§ 69-75)
Recall is the power of the electorate (registered
voters) to remove a local elected official for loss
of confidence through the holding of a
special/recall election.
Two modes of initiating a recall:
1. adoption of a resolution by the
Preparatory Recall Assembly
(composed of local officials of the
lower/supervised local government unit)
2. petition by at least 25% of the registered
voters.
GROUND = Loss of confidence
Process of Initiating Recall
I. By Preparatory Recall Assembly (PRA)
1. Composition of PRA
2. Procedure
� Session in a public place to initiate recall
proceeding
� Resolution adopted by a majority of all
the members of the PRA during the
session called for the purpose of
initiating recall proceedings
II. By Petition of Registered Voters
� Petition of at least 25% of the total
number of registered voters in the
LGU concerned during the election
in which the local official sought to
be recalled was elected.
� The written petition for recall should
be duly signed before the election
registrar or his representative and in
the presence of the representative
of the petitioner and the official
sought to be recalled.
� It should be signed in a public place.
� Petition should be filed with
COMELEC through its office in the
LGU concerned
� Publication of petition for 10-20 days
in order to verify the authenticity and
genuineness of the petition and the
required % of voters.
Conduct of Recall Election
� The official/s sought to be recalled are
automatically considered as duly
registered candidates.
� The date set for the recall election
should not be less than 30 days after
filing of resolution/petition in the case of
barangay, city or municipal officials and
45 days in the case of provincial officials
Effectivity of Recall
� Recall will only be effective upon the
election and proclamation of a
successor.
� If the official sought to be recalled
receives the highest number of votes,
confidence in him is affirmed and he
shall continue in office.
Limitations on Recall
� Elective local official can be the subject
of a recall election only once during his
term of office.
� No recall shall take place within 1 year
from the date of the official’s assumption
to office or 1 year immediately
preceding a regular local election.
LOCAL Initiative (§§ 120-125)
It is the legal process whereby the registered
voters of a LGU may directly propose, enact or
amend any ordinance
NOTE: In Garcia v. Comelec, the SC ruled that
a resolution can also be the proper subject of an
initiative
Who May Exercise Power
It may be exercised by all registered voters of
the provinces, cities, municipalities, barangays.
Procedure
1. Number of voters who should file
petition with Sanggunian concerned
a. Provinces and cities - at least 1000
registered voters
IMPOSED BY: RESPONDENT LOCAL
OFFICIAL
1. President Elective official of a
province, highly
urbanized
or Independent
component city
2. Governor Elective official of a
component city or
municipality
3. Mayor Elective official of a
barangay
LEVEL COMPOSITION
1. Provincial Mayors, vice-mayors,
Sanggunian members of
the municipalities and
component cities
2. City Punong barangay and
Sangguniang barangay
members in the city
3. Legislative
district
Elective
municipal/barangay
officials
4. Municipal Punong barangay and
sangguniang barangay
members in the
municipality
b. Municipality - at least 100
c. Barangay - at least 50
2. Sanggunian concerned has 30 days to
act on the petition. If the Sanggunian
does not take any favorable action, the
proponents may invoke the power of
initiative, giving notice to Sanggunian.
3. Proponents will have the following
number of days to collect required
number of signatures
a. Provinces and cities - 90 days
b. Municipalities - 60 days
c. Barangays - 30 days
4. Signing of petition
5. Date for initiative set by Comelec if
required number of signatures has been
obtained.
Effectivity of Proposition
� If proposition is approved by a majority
of the votes cast, it will take effect 15
days after certification by the Comelec
as if the Sanggunian and the local chief
executive had taken affirmative action.
� If it fails to obtain required number of
votes, it is considered defeated
Limitations
� It should not be exercised more than
once a year.
� It can only extend to subjects or matters
which are within the legal powers of the
Sanggunians to enact.
� If the Sanggunian adopts in toto the
proposition presented and the local chief
executive approves the same, the
initiative shall be cancelled.
Limitations upon Sanggunians
� The Sanggunian cannot repeal, modify
or amend any proposition or ordinance
approved through system of
initiative/referendum within 6 months
from the date of approval thereof.
� The Sanggunian can amend, modify or
repeal the proposition/ordinance w/in 3
years thereafter by a vote of ¾ of all its
members.
� For barangays, the applicable period is
18 months.
Referendum (§§ 126-127)
It is the legal process whereby the registered
voters of the local government units may
approve, amend or reject any ordinance enacted
by the Sanggunian.
Authority of Courts
The proper courts can still declare void any
proposition adopted pursuant to an
initiative/referendum on the following grounds:
1. Violation of the Constitution
2. Want of capacity of the Sanggunian
concerned to enact the measure.
Camid v. Office of the President, 448 SCRA
711 (January 17, 2005)
Ratio:
• Pelaez (122 Phil 965) and its offspring
cases ruled that the President has no
power to create municipalities, yet
limited its nullificatory effects to the
particular municipalities challenged in
actual cases before this Court. With the
promulgation of the Local Government
Code, the legal cloud was lifted over the
municipalities similarly created by
Executive Order but not judicially
annulled – Section 442B of the Local
Government Code deemed curative
whatever legal effects to title those
municipalities had labored under.
• Municipal corporations may exist by
prescription where it is shown that the
community has claimed and exercised
corporate functions, with the knowledge
and acquiescence of the legislature, and
without interruption or objection for
period long enough to afford title by
prescription.
• The legal effect of the nullification of a
municipality in Pelaez case was to
revert the constituent barrios of the
voided town back into their original
municipalities.
Atienza v Villarosa , 458 SCRA 385 (May 10,
2005)
Ratio:
• The provisions of Republic Act 7160 are
anchored on principles that give effect to
decentralization.
• The Vice-Governor, as the presiding
officer of the Sangguniang
Panlalawigan, has administrative control
of the funds of the said body and it is he
who has the authority to approve
disbursement vouchers for expenditures
appropriated for the operation of the
Sangguniang Panlalawigan.
• While Republic Act 7160 is silent as to
the matter, the authority granted to the
Vice-Governor to sign all warrants
drawn on the provincial treasury for all
expenditures appropriated for the
operation of the Sangguniang
Panlalawigan as well as to approve
disbursement vouchers relating thereto
necessarily includes the authority to
approve purchase orders covering the
same applying the doctrine of necessary
implication.
• While the Governor has authority to
appoint officials and employees whose
salaries are paid out of the provincial
funds, this does not extend to the
officials and employees of the
Sangguniang Panlalawigan because
such authority is lodged with the Vice-
Governor. The appointing power of the
Vice-Governor is limited to the
employees of the Sangguniang
Panlalawigan as well as those of the
Office of the Vice-Governor, whose
salaries are paid out of the funds
appropriated for the Sangguniang
Panlalawigan – if the salary of an
employee or official is charged aagainst
the provincial funds, even if this
employee reports to the Vice-Governor
or is assigned to his office, the Governor
retains the authority to appoint the said
employee
Laxina, Sr. v Office of the Ombudsman*, 471
SCRA 542 (September 30, 2005)
Ratio:
• The Office of the Ombudsman has
concurrent jurisdiction with the local
government units over administrative
cases against elective officials such as
barangay chairmen.
Republic v Gingoyon*, 478 SCRA 474
(December 19, 2005)
Ratio:
• The Court cannot accept the
Government’s proposition that the only
properties that may be expropriated
under Republic Act No. 8974 are
parcels of land – RA No. 8974
contemplates within its coverage such
real property constituting land, buildings,
roads, and constructions of all kinds
adhered to the soil.
LAW ON PUBLIC OFFICERS
PUBLIC OFFICE is the right, authority, and duty
created and conferred by law, by which for a given
period, either fixed by law or enduring at the pleasure
of the appointing power, an individual is invested with
some portion of the sovereign functions of the
government, to be exercised by him for the benefit of
the public.
Essential elements
1. Created by Constitution or by law or by some
body or agency to which the power to create
the office has been delegated (enabling law)
2. Invested with authority to exercise some
portion of the sovereign power of the State
3. Powers/Functions defined by the
Constitution, law, or through legislative
authority
4. Duties are performed independently without
control unless those of a subordinate
5. Continuing / permanent in nature
Distinctions
Public Official is an officer of the Government itself,
as distinguished from the officers and employees of
instrumentalities of government.
Officer is distinguished from an employee in the
greater importance, dignity and independence of his
position, being required to take an official oath, and
perhaps give an official bond and in the liability to be
called to account as a public offender for
misfeasance or nonfeasance in office.
REQUIREMENTS FOR PUBLIC OFFICE
I. Eligibility and Qualification
Eligibility is the state or quality of being legally fit or
qualified to be chosen. Qualification refers to the act
which a person, before entering upon the
performance of his duties, is by law required to do
such as the taking, and often, subscribing and filing
of an official oath, and, in some cases, the giving of
an official bond.
Who are required to give an official bond?
Accountable public officers or those to whom are
entrusted the collection and custody of public money,
and public ministerial officers whose actions may
affect the rights and interests of individuals.
II. Formal qualifications:
1. citizenship,
2. age,
3. suffrage,
4. residence,
5. education,
6. ability to read and write,
7. political affiliation,
8. civil service examination
III. Disqualifications
The following are grounds for disqualification to hold
public office:
1. mental or physical incapacity,
2. misconduct or crime,
3. impeachment,
4. removal or suspension from office,
5. previous tenure of office,
6. consecutive terms,
7. holding more than one office,
8. relationship with the appointing power,
9. office newly created or the emoluments of
which have been increased,
10. being an elective official,
11. having been a candidate for any elective
position, and
12. grounds under the local government code.
� In the absence of constitutional inhibition,
Congress has the same right to provide
disqualifications that it has to provide
qualifications for office.
� When the constitution has attached a
disqualification to the holding of any office,
Congress cannot remove it under the power
to prescribe qualifications as to such offices
as it may create.
� Presumption is in favor of eligibility.
� The qualifications are continuing
requirements and must be possessed not
only at the time of appointment or election or
assumption of office but during the officer’s
entire tenure.
Limitations on the power of the legislature to
prescribe qualifications:
1. The legislature may not reduce or increase
the qualifications prescribed in an exclusive
manner by the Constitution.
2. The legislature may prescribe only general
qualifications.
3. The qualifications must be relevant to the
office for which they are prescribed.
IV. Selection for Public Office
A public officer is chosen either by appointment or
election.
1. Appointment
� Appointment is the act of designation by the
executive officer, board, or body to whom
that power has been delegated, of the
individual who is to exercise the powers and
functions of a given office. It is to be
distinguished from the selection or
designation by a popular vote.
� Power to appoint is generally regarded as an
executive function. But it is not limited to the
executive department.
� Power of appointment is absolute when the
choice of the appointing authority is
conclusive. It is conditional where assent or
approval by some other officer or body is
necessary to complete the appointment.
� Acceptance of appointment is not necessary
for the completion or validity of appointment.
However, acceptance is necessary to
possession of office, and to enable appointee
to the enjoyment and responsibility of an
office. Acceptance may be express when it
is done verbally or in writing. Acceptance is
implied when without formal acceptance, the
appointee enters upon the exercise of the
duties and functions of an office.
� The general rule is that an appointment to an
office, once made and complete, is not
subject to reconsideration or revocation. The
exception is where an officer is removable at
will of the appointing power.
Steps in the Appointing Process:
1. Nomination – exclusive prerogative of the
President
2. Confirmation – belongs to Congress i.e.
Commission on Appointments
3. Issuance of commission – a commission is a
written authority from a competent source
given to the officer as his warrant for the
exercise of the powers and duties of the
office to which he is commissioned.
Confirmation on the part of the Civil Service
Commission is called “Attestation”.
2. Designation
Designation is simply the mere
imposition of new or additional duties upon an
officer to be performed by him in a special
manner. It presupposes that the officer is already
in the service by virtue of an earlier appointment,
performing other functions.
V. Vacancy
There is a vacancy when an office is empty and
without a legally qualified incumbent appointed or
elected to it with a lawful right to exercise its powers
and perform its duties. There can be no appointment
to a non-vacant position.
Causes of vacancy are death, permanent disability,
removal from office or resignation of the incumbent.
Other causes of vacancy are abandonment,
expiration of term, conviction of a crime,
impeachment conviction, acceptance of incompatible
office, creation of a new office, reaching the age limit,
and recall.
DE FACTO AND DE JURE OFFICERS
I. De Facto Officers
A de facto officer is one who actually possesses an
office although he has an imperfect or colorable title
thereto. His acts, though not those of a lawful officer,
the law, upon principles of policy and justice, will hold
valid so far as they involve the interests of the public
and third persons.
The requisites of de facto officer:
1. There must be a de jure office;
2. There must be color of right or general
acquiescence by the public; and
3. There must be actual physical possession of
the office in good faith.
II. De Jure Officers
A de jure officer is one who has the lawful right to the
office in all respects, but who has either been ousted
from it, or who has never actually taken possession
of it. When the officer de jure is also the officer de
facto, the lawful title and possession are united.
Usurper is one who takes possession of the office
and undertakes to act officially without any color of
right or authority, either actual or apparent.
III. Effects of Acts of De Facto Officers
� The lawful acts of an officer de facto, so far
as the rights of third persons are concerned
are, if done within the scope and by the
apparent authority of the office, considered
valid and binding as if he were the officer
legally elected and qualified for the office and
in full possession thereof.
� The de facto officer cannot benefit from his
own status because public policy demands
that unlawful assumption of public office be
discouraged. Thus, as a general rule, the de
facto officer cannot claim a salary and other
compensations for services rendered by him
as such. However, there is authority to the
effect that the de facto officer may retain
salaries collected by him for services
rendered in good faith where there is no de
jure officer claiming the office.
� The de facto officer is subject to the same
liabilities imposed on the de jure officer in the
discharge of official duties, in addition to
whatever special damages may be due from
him because of his unlawful assumption of
office.
IV. How to challenge a de facto officer:
� The incumbency of a de facto officer may not
be challenged collaterally or in an action to
which he is not a party.
� The challenge must be made in a direct
proceeding where title to the office will be the
principal issue.
� The authorized proceeding is quo warranto
either by the Solicitor General in the name of
the Republic or by any person claiming title
to the office.
THE CIVIL SERVICE
I. Scope of the Civil Service
� The civil service embraces all branches,
subdivisions, instrumentalities, and agencies
of the Government, including governmentowned
or controlled corporations with original
charters.
� The civil service does not include
government-owned or controlled corporations
which are organized as subsidiaries of
government-owned or controlled corporations
under the general corporation law.
II. Positions in the Civil Service
1. career service
2. non-career service
Career Service
The Career Service is characterized by:
1. entrance based on merit and fitness to be
determined, as far as practicable, by
competitive examinations, or based on highly
technical qualifications;
2. opportunity for advancement to higher career
positions; and
3. security of tenure
The Career Service includes:
1. Open career positions for which prior
qualification in an appropriate examination is
required;
2. Closed career positions which are scientific
or highly technical in nature;
3. Career Executive Service –
Undersecretary, Asst. Secretary, Bureau
Director, Asst. Bureau Director, Regional
Director, Asst. Regional Director, Chief of
Dept. Service, and other officers of
equivalent rank as may be identified by the
Career Executive Service Board, all of whom
are appointed by the President;
4. Career officers, other than those in the
Career Executive Service, who are
appointed by the President, such as the
Foreign Service Officers in the DFA;
5. Commissioned officers and enlisted men
in the Armed Forces, which shall maintain a
separate merit system;
6. Personnel of GOCCs, whether performing
governmental or proprietary functions, who
do not fall under the non-career service; and
7. Permanent laborers, whether skilled, semiskilled,
or unskilled.
Non-Career Service
The Non-Career Service is characterized by:
1. Entrance on bases other than those of usual
tests of merit and fitness utilized for the
career service; and
2. Tenure which is limited to a period specified
by law, or which is co-terminous with that of
the appointing authority or subject to his
pleasure, or which is limited to the duration of
a particular project for which purpose
employment was made.
The Non-Career Service includes:
1. Elective officials and their personal or
confidential staff;
2. Department Heads and other officials of
Cabinet rank who hold positions at the
pleasure of the President and their personal
or confidential staff;
3. Chairman and members of commissions
and boards with fixed terms of office and
their personal or confidential staff;
4. Contractual personnel or those whose
employment in the government is in
accordance with a special contract to
undertake a specific work or job, requiring
special or technical skills not available in the
employing agency, to be accomplished within
a specific period, which in no case shall
exceed one year, and performs or
accomplishes the specific work or job, under
his own responsibility with minimum of
direction and supervision from the hiring
agency; and
5. Emergency and seasonal personnel.
III. Appointments
Appointments in the Civil Service may either be:
1. Permanent – issued to a person who meets
all the requirements for the position to which
he is being appointed, including the
appropriate eligibility prescribed, in
accordance with the provisions of the laws,
rules, and standards promulgated in
pursuance thereof.
2. Temporary – issued in the absence of
appropriate eligibles when necessary in the
public interest to fill a vacancy to a person
who meets all the requirements for the
position to which he is being appointed,
except the appropriate civil service eligibility.
Temporary appointments shall not exceed 12
months, but the appointee may be replaced
sooner if a qualified civil service eligible
becomes available.
NOTE: Where a temporary appointee acquires civil
service eligibility during his tenure as such, his
temporary appointment does not thereby
automatically become permanent. What is required
is a new appointment. (Maturan v. Magalona)
Provisional Appointment – one which may be
issued, upon the prior authorization of the
Commissioner of the Civil Service Commission in
accordance with the provisions of the Civil Service
Law and the rules and standards promulgated
thereunder, to a person who has not qualified in an
appropriate examination but who otherwise meets the
requirements for appointment to a regular position in
the competitive service, whenever a vacancy occurs
and the filling thereof is necessary in the interest of
the service and there is no appropriate register of
eligibles at the time of appointment.
Distinguished from a Temporary appointment –
temporary appointment given to a non-civil service
eligible is without a definite tenure and is dependent
upon the pleasure of the appointing power.
IV. Exceptions from Requirement of Competitive
Examinations
1. policy-determining – charged with laying
down of principal and fundamental guidelines
or rules, such as that of a head of a
department.
2. primarily confidential – denotes close
intimacy which ensures freedom of
intercourse without embarrassment or
freedom from misgivings or betrayals of
personal trust or confidential matters of state;
or one declared to be so by the President
upon recommendation of the Civil Service
Commission. Their tenure ends upon loss of
confidence.
3. highly technical – requires the appointee to
possess technical skill or training in the
supreme or superior degree.
V. Promotion
The movement from one position to another with
increase in duties and responsibilities as authorized
by law and usually accompanied by an increase in
pay
Next-in-Rank Rule – The person next in rank shall be
given preference in promotion when the position
immediately above his is vacated. However, the
concept of next-in-rank does not import any
mandatory or peremptory requirement that the
person next in rank must be appointed to the
vacancy. The appointing authority has the discretion
to fill the vacancy under the next-in-rank rule or by
any other method authorized by law, e.g., by transfer.
VI. Discipline
Grounds for the discipline of members of the
Civil Service:
1. dishonesty
2. oppression
3. neglect of duty
4. misconduct
5. disgraceful and immoral conduct
6. being notoriously undesirable
7. discourtesy in the course of official duties
8. inefficiency and incompetence in the
performance of official duties
9. conviction of a crime involving moral
turpitude
10. falsification of official documents
11. habitual drunkenness
12. gambling
13. refusal to perform official duty or render
overtime service
14. physical or mental incapacity due to immoral
or vicious habits
15. willful refusal to pay just debts or willful
failure to pay taxes due to the government
Preventive Suspension
Two Kinds:
1. Preventive Suspension Pending Investigation
2. Preventive Suspension Pending Appeal
The duration of preventive suspension is coextensive
with the period prescribed for deciding administrative
disciplinary cases. If the case is decided before
ninety (90) days then the suspension will last less
than ninety (90) days, but if the case is not decided
within ninety (90) days, then the suspension may not
exceed the maximum period of ninety (90) days.
SCOPE OF POWER OF A PUBLIC OFFICER
1. expressly conferred upon him by the law
under which he has been appointed or
elected;
2. expressly annexed to the office by the law
which created it or some other law referring
to it; or
3. attached to the office as incidents to it.
Doctrine of Necessary Implication:
The fact that a particular power has not been
expressly conferred does not necessarily mean that it
is not possessed by the officer claiming it. Such a
power may still be sustained under the doctrine of
necessary implication pursuant to which all powers
necessary to the exercise of the power expressly
granted are deemed impliedly granted.
Kinds of Duties/Powers:
1. Ministerial – when it is absolute, certain, and
imperative involving merely execution of a
specific duty arising from fixed and
designated facts. A duty is ministerial when
the law exacting its discharge prescribes and
defines the time, mode, and occasion of its
performance with such certainty that nothing
is left for judgment or discretion. It is
susceptible of delegation and can be
compelled by judicial action.
2. Discretionary – when it requires the
exercise of reason and discretion in
determining how or whether the act shall be
done or the course pursued. The officer is
expected to discharge the duty directly and
not through the intervening mind of another.
� It cannot be delegated to another,
subject to some exceptions (power of the
President to conclude treaties may be
assigned to a treaty panel, which can
negotiate the treaty on his behalf, under
his instructions and subject to his
approval).
Modes of Termination of Official Relations
1. Natural Causes
a. Expiration of the term or tenure of office
b. Reaching the age limit ( retirement)
c. Death or permanent disability
2. Acts / Neglect of Officer
a. Resignation
b. Acceptance of an incompatible office
c. Abandonment of Office
d. Prescription of Right to Office
3. Acts of the Government or People
a. Removal
b. Impeachment
c. Abolition of Office
d. Conviction of a crime
e. Recall
OTHER IMPORTANT CONCEPTS
1. HOLD-OVER – a public officer’s term has expired
or his services terminated but he should continue
holding his office until his successor is appointed or
chosen and had qualified.
2. NEPOTISM – all appointments in the national and
local governments or any branch or instrumentality
thereof, including government-owned or controlled
corporations, made in favor of a relative of the
appointing authority; recommending authority; chief
of the bureau or office; or person exercising
immediate supervision over the appointee are
PROHIBITED.
Exceptions to the nepotism rule:
1. persons employed in a confidential capacity
2. teachers
3. physicians
4. members of the AFP
3. COMPENSATION IS NOT INDISPENSABLE TO
A PUBLIC OFFICE.
4. DIVESTMENT is when a public official is in a
conflict-of-interest situation. Such official must resign
from his position in any private business enterprise
within 30 days from his assumption of office and/or
divest himself of his shareholdings or interest within
60 days from such assumption.
5.OFFICIAL IMMUNITY only protects public officials
from tort liability for damages arising from
discretionary acts or functions in the performance of
their official duties.
Velasco v. Sandiganbayan, 452 SCRA 593
(February 28, 2005)
Ratio:
• It is not necessary that the officer or
employee who willfully refuses or fails to
implement such final resolution be a party to
the case.
Barriga v. Sandiganbayan, 457 SCRA 301 (April
26, 2005)
Ratio:
• Where the public office of an accused is by
statute a constituent element of the crime
charged, there is no need for the Prosecutor
to state in the Information specific factual
allegations of the intimacy between the office
and the crime charged, or that the accused
committed the crime in performance of his
duties.
Advincula v. Dicen , 458 SCRA 696 (May 16, 2005)
Ratio:
• The Personal Data Sheet (“PDS”) is an
official document required of a government
employee or official by the Civil Service
Commission – concealment of any
information in the PDS warrants a penalty
from the erring official.
• Misconduct, by uniform legal definition, is a
transgression of some established and
definite rule of action, more particularly,
unlawful behavior as well as gross
negligence by the public officer.
• It is incumbent on a public official to
scrutinize each and every document he
signs, it is hard to believe that he would affix
his signature on his PDS without bothering to
scrutinize, and correct if erroneous.
• Even if a public officer had indeed signed his
PDS without bothering to review the same,
he cannot escape administrative liability
therefore – such an omission is considered
as gross negligence on his part.
Garcia v Sandiganbayan, 460 SCRA 60 (June 22,
2005)
Ratio:
• While at present, it is the Ombudsman who
should file the petition for forfeiture under RA
1379, the Ombudsman’s exercise of the
correlative powers, to investigate and initiate
the proper action for recovery of ill-gotten
and/or unexplained wealth is restricted only
to cases for the recovery of ill-gotten and/or
unexplained wealth amassed after February
25, 1986 – as regards such wealth
accumulated on or before said date, the
authority to file forfeiture proceedings belong
to the Solicitor General. The Ombudsman
has the authority to investigate cases even
before February 25, 1986, pursuant to the
Ombudsman’s general investigatory power
under Section 15(1) of RA 6770.
Peralta v Desierto*, 473 SCRA 322 (October 19,
2005)
Ratio:
• Every public official who signs or initials
documents in the course of standard
operating procedures does not automatically
become a conspirator in a crime that
transpired at some stage in which the official
had no participation.
ELECTION LAW
ELECTION
Embodiment of the popular will, the expression of the
sovereign power of the people.
Components:
1. Choice or selection of candidates to public
office by popular vote
2. Conduct of the polls
3. Listing of votes
4. Holding of Electoral campaign
5. Act of casting and receiving the ballots from
the voters
6. Counting the ballots
7. Making the election returns
8. Proclaiming the winning candidates
REGULAR ELECTION is an election participated in
by those who possess the right of suffrage and not
disqualified by law and who are registered voters
SPECIAL ELECTION is one which is held when
there is failure of election on the scheduled date of
regular election in a particular place or which is
conducted to fill up certain vacancies, as provided by
law (ex. To fill in vacancy in office before the
expiration of the term for which incumbent was
elected)
ELECTION PERIOD shall commence 90 days before
the day of the election and shall end 30 days
thereafter.
Postponement of Election (Sec. 5 Omnibus
Election Code)
Causes: Any serious cause, such as:
CODE: (VOLT-F)
1. Violence
2. Terrorism
3. Loss or destruction of election
paraphernalia/records
4. Force majeure
5. Other analogous causes such that it is
impossible to hold a free, orderly and honest
election in any political subdivision
COMELEC can postpone the election (when decided
by a majority vote of the COMELEC sitting en banc,
RA 7166):
1. Motu proprio, or
2. Upon a verified petition by any interested
party, after due notice and hearing.
Date of new election
The date of the postponed election should be
reasonably close to the date of the election not held,
suspended, or which resulted in a failure to elect. It
should not be later than 30 days after the cessation
of the cause for such postponement or suspension of
the election or failure to elect.
Failure of Election (Sec. 6 Omnibus Election Code)
Pre-Conditions for declaring a failure of election:
� That no voting has been held in any precinct
or precincts because of the following
grounds:
CODE: OFF-TV
a. Force majeure
b. Violence
c. Terrorism
d. Fraud
e. Other analogous causes
� Under RA 7166, the causes for the
declaration of the failure of election may
occur before or after the casting of votes or
on the day of the election.
� And, that the votes not cast therein are
sufficient to affect the results of the elections.
Effects of the above grounds:
1. Election in any polling place was not held on
the date fixed;
2. Election was suspended before the hour
fixed by law for the closing of the voting
3. Elections results in a failure to elect (after the
voting and during the preparation and
transmission of the election returns or in the
custody or canvass thereof)
Remedy:
COMELEC can, on the basis of a verified petition by
any interested party, and after due notice and
hearing, call for the holding or continuation of the
election not held, suspended, or which resulted in a
failure to elect. This is decided by the COMELEC, by
a majority vote of its members, sitting en banc.
Holding of the Special Election:
Requisites:
1. There must be failure of election,
2. Such failure would affect the results of the
election.
NOTE: In fixing the date of the special election, the
Comelec should see to it that:
� It should not be later than 30 days after the
cessation of the cause of the postponement
or suspension of the election or failure to
elect, and
� It should be reasonably close to the date of
the election not held, suspended, or which
resulted in failure to elect.
POLITICAL PARTIES is an organized group of
persons pursuing the same ideology, political ideas
or platforms of government including its branches
and divisions.
Types of Political Parties
1. Registered Parties:
a. Dominant Majority Party – usually the
administration party; entitled to a copy of
election return
b. Dominant Minority Party – entitled to a
copy of election return
c. Majority Political Party
d. Top 3 Political Parties – entitled to
appoint principal watcher and a copy of
the certificate of canvass
e. Bottom 3 political parties – entitled to
appoint principal watcher
2. Non-registered parties
Criteria to Determine the Type of Political Party
� Established Record of the said parties,
showing in past elections
� Number of Incumbent Elective Officials
� Identifiable political organizations and
strengths
� Ability to fill a complete slate of candidates
� Other analogous circumstances
Acquisition of Juridical Personality
It is acquired upon registration with the COMELEC.
NOTE: No religious sect shall be registered as a
political party. No political party, which seeks to
achieve its goal through violence, shall be entitled to
accreditation.
Forfeiture of Status as a Registered Political Party
The status shall be deemed forfeited if the political
party, singly or in coalition with others, fails to obtain
at least 10% of the votes cast in the constituency in
which it nominated and supported a candidate/s in
the election next following its registration. There shall
be notice and hearing.
RA 7941 – Party-List System Act
I. Seeks to promote proportional representation
II. Any party already registered need not register
anew. File manifestation not later than 90 days
before election.
Grounds for refusing or canceling registration of
Party-Lists groups
1. Religious sect or denomination, organization
2. Advocates violence
3. Foreign party or organization
4. Receives foreign support
5. Violates election law
6. Untruthful statements in its petition
7. Ceased to exist for at least one year
8. Failed 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 2
preceding elections for the constituency in
which it has registered
� Nomination of party-list reps should not
include any candidate for any elective office
or a person who has lost his bid for an
elective office in the immediately preceding
election
� Incumbent sectoral representatives in the
House of Representatives who are
nominated in the party-list system shall not
be considered resigned
� Party List Reps constitute 20% of the total
number of the members of the House of
Reps including those under the party-list
Q: How do we determine the number of party list
seats in the House of Reps?
A: (# of District Reps / 0.80) x 0.20 = # of party list
reps
� There are presently 208 legislative districts,
according to the Veterans Federation Case
� The 5 major political parties are now entitled
to participate in the party list system
� Parties receiving at least 2% of the total
votes cast for the party-list system shall be
entitled to one seat each
� No party shall be entitled to more than 3
seats
� Currently, there are 260 (208/0.80) seats.
So 20 % of 260 is 52 seats. But this is only
a ceiling.
� A list with 5 names should be submitted to
COMELEC as to who will represent the
party in the Congress. Ranking in the list
submitted determines who shall represent
party or organization.
Ang Bagong Bayani-OFW Labor Party v.
COMELEC, G. R. No. 147589 26 June 2001
May political parties participate in the partylist
elections?
Yes, provided that the political parties
themselves represent the marginalized and under
represented sectors, parties and organizations.
Aggabao v. COMELEC, 449 SCRA 400 (January 26,
2005)
Ratio:
� Mere allegation that a candidate’s
proclamation is null and void ab initio does
not divest the House of Representatives
Electoral Tribunal of its jurisdiction.
Poe v Macapagal Arroyo, 454 SCRA 142 (March
30, 2005)
Ratio:
• In the application of Rule 3, Section 16 to an
election contest, the Court has ruled that a
public office is personal to the public officer
and not a property transmissible to the heirs
upon death; Even in analogous cases before
other electoral tribunals, involving
substitution by the widow of a deceased
protestant, in cases where the widow is not
the real party in interest, we denied
substitution by the wife or heirs.
• While the right to a public office is personal
and exclusive to the public officer, an election
protest is not purely personal and exclusive
to the protestant or protestee such that the
death of either would oust the court of all
authority to continue the protest proceedings;
Court have allowed substitution and
intervention but only by a real party in
interest; Protestant’s widow is not a real party
in interest to this election protest.
Eligibility of Candidates and Certificates of Candidacy
QUALIFICATIONS
Elective officials Citizenship Age Literacy Voter
Presidency
President/VP Natural-born 40 Read and Write Registered 10
in the Philippines
Senator Natural-born 35 Read and Write Registered 2 in the
Philippines
District Reps Natural-born 25 Read and Write Registered in
District 1 in District
Party-List Reps* Natural-born 25
(if youth sector: 25-30)
Read and Write Registered 1 in Philippines
Local Officials Citizen *Gov, Vice-Gov,
member of
sangguniang
panlalawigan, mayor,
vice mayor,
sangguniang
panlungsod in highly
urbanized cities: 23
*In component
cities/municipalities: 21
*Sangguniang
panlungsod,
sangguniang bayan,
barangay: 18
*Sangguniang
kabataan: 15-21
Read and Write
Filipino or local dialect
Registered in locality 1 in locality
ARMM Governor Natural-born 35 Read and Write Registered
in ARMM 5 in ARMM
ARMM Legislator Natural-born 21 Read and Write Registered
in District 5 in Districts
Certificates of Candidacy
Rules on filing of certificates of candidacy:
1. No person shall be elected into public office
unless he files his certificate of candidacy
within the prescribed period
2. No person shall be eligible for more than one
office. If he/she files for more than one
position, he shall not be eligible for any of
them unless he cancels all and retains one
before the expiration of the period for the
filing of certificates of candidacy.
3. The certificate of candidacy shall be filed by
the candidate personally or by his duly
authorized representative.
4. Upon filing, an individual becomes a
candidate. Thus, he is already covered by
rules, restrictions and processes involving
candidates.
Effect of Filing of Certificate of Candidacy on
Tenure of Incumbent Government Officials.
On appointive officials: They are considered ipso
facto resigned from office upon filing.
On elective officials: No effect. The candidate shall
continue to hold office, whether he is running for the
same or a different position. (Fair Election Act)
Rules on Substitution and Withdrawal of
Candidacy
Any candidate may withdraw his/her candidacy
anytime before election day.
Substitution is only allowed in the following instances:
1. death
2. withdrawal
3. disqualification
� No substitution is allowed for an independent
candidate. Only candidates who are members of
and are nominated by a party can be substituted.
� Substitute candidate may file his/her certificate of
candidacy not later than mid-day of election day.
� No person who has withdrawn his/her candidacy
for a position shall be eligible as a substituted
candidate for any other position.
� The filing of the withdrawal shall not affect the
civil, criminal, or administrative liabilities the
substituted candidate may have already incurred.
� In case of valid substitutions, votes cast for
substituted candidates are considered stray,
except if the substitute candidate has the same
surname. Official ballots shall provide spaces
where voters may write the names of the
substitute candidates. (Fair Election Act)
Grounds for disqualification under Sec. 12 of the
Omnibus Election Code:
1. declared by competent authority as insane or
incompetent
2. sentenced by final judgment for subversion,
insurrection, rebellion, or any offense for
which he has been sentenced to a penalty of
more than 18 months or for a crime involving
moral turpitude, unless given plenary pardon
or amnesty.
*disqualification is lifted after the
expiration of 5 years for service of
sentence
3. Election offenses under Sec 68 of the
Omnibus Election Code (OEC)
4. giving money or other material consideration
to influence, induce, or corrupt the voters of
public officials performing electoral functions;
5. committing acts of terrorism to enhance his
candidacy;
6. spending in his election campaign an amount
in excess of that allowed
7. soliciting, receiving, making prohibited
contributions; or
8. committing prohibited acts under Sections
80, 83, 85, 86, and 261 pars. d, e, k, v, and
cc, sub-par. 6
9. Not possessing qualifications and possessing
disqualifications under the Local Government
Code
10. Sentenced by final judgment for an offense
involving moral turpitude or for an offense
punishable by one year or more of
imprisonment within two years after serving
sentence
11. Removed from office as a result of an
administrative case
12. Convicted by final judgment for violating the
oath of allegiance to the Republic
13. Dual citizenship ( more specifically, dual
allegiance)
14. Fugitives from justice in criminal or nonpolitical
cases here or abroad
15. Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same
right
16. Insane or feeble-minded
17. Nuisance candidate
18. Violation of sec 73 of OEC with regard to
certificate of candidacy (filing a certificate of
candidacy for more than one office)
19. Violation of sec 78: material
misrepresentation in the certificate of
candidacy
Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by
final judgment to be disqualified shall NOT be
voted for. The votes cast in his favor shall not
be counted.
2. If the candidate is not disqualified by final
judgment before the election and receives
the highest number of votes in the election,
the court or COMELEC will continue with the
trial and hearing of the action, inquiry or
protest. Upon motion of the complainant or
intervenor, the court or COMELEC may order
the suspension of the proclamation of the
candidate whenever the evidence of his guilt
is strong.
NUISANCE CANDIDATES refers to candidates who
have no bona fide intention to run for the office for
which the certificate of candidacy has been filed and
would thus prevent a faithful determination of the true
will of the people.
Power of COMELEC
1. May refuse to give due course to or cancel a
certificate of candidacy of a nuisance
candidate. This can be done motu proprio or
upon verified petition of an interested party.
2. There should be a showing that:
� Certificate of candidacy has been filed to
put the election process in
mockery/disrepute or
� To cause confusion among the voters by
the similarity of the names of the
registered candidates
� Other circumstances which clearly
demonstrate that the candidate has no
bona fide intention to run for the office….
Petition to deny due course to or to cancel a
certificate of candidacy
1. Exclusive ground: A material representation
in the certificate of candidacy is false.
2. The petition should be filed not later than 25
days from the filing of the certificate of
candidacy.
3. It should be decided not later than 15 days
before the election, after due notice and
hearing.
Election Campaign/Partisan Political Activity
It refers to an act designed to promote the election or
defeat of a particular candidate/s to a public office. It
includes:
1. Forming organizations, associations, clubs,
committees or other groups of persons for
the purpose of soliciting votes and/or
undertaking any campaign for or against a
candidate.
2. Holding political caucuses, conferences,
meetings, rallies, parades or other similar
assemblies for the purpose of soliciting
votes and/or undertaking any campaign or
propaganda for or against a candidate.
3. Making speeches, announcements or
commentaries or holding interviews for or
against the election of any candidate for
public office.
4. Publishing or distributing campaign literature
or materials designed to support or oppose
the election of any candidate.
5. Directly or indirectly soliciting votes pledges
or support for or against a candidate.
6. Advertisements
When the acts enumerated above are NOT
considered an election campaign/partisan
political activity - If the acts are performed for the
purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a
political party, agroupment, or coalition of parties.
RA 9006 – FAIR ELECTION ACT
Important Features:
1. Repeal of Sec. 67 of the OEC – Now, any
ELECTIVE official, whether national or local,
running for any office other than the one
which he is holding in a permanent capacity
shall not be considered ipso facto resigned
from his office upon the filing of his certificate
of candidacy.
2. Lifting of the Political Ad Ban – The following
are now considered lawful election
propaganda:
a. Written and Printed Materials (8.5” W x
14L”)
b. Letter
c. Posters (2’ x 3’) in common-private
poster areas (not more than 10 public
places per political party or independent
candidate, 12’ 16’), private places and
public places (allocated equitably and
impartially)
d. Rally streamers (3’ x 8’)
e. Paid advertisements at discounted rates:
f. Print: 1/4th page in broadsheet and ½
page in tabloid 3x a week
g. TV: 120 mins. for candidate for national
office and 60 minutes for local office
h. Radio: 180 mins. for candidate for
national office and 90 minutes for local
office
i. Comelec free space (3 national
newspapers for national offices and 1
national newspaper for local offices) and
airtime (3 national television networks for
national offices and 1 station for local
offices): equal allocation for all
candidates for 3 calendar days.
3. Authorized Expenses (multiplied with the
total number of registered voters)
a. P 10 for president / vice president
b. P 3 for other candidates for every voter
currently registered in the constituency
c. P 5 for independent candidates and
political parties
Electoral Contributions and Expenditures
CONTRIBUTION (under Sec 94, Omnibus Election
Code) – includes:
1. a gift,
2. donation,
3. subscription,
4. loan,
5. advance or deposit of money or anything of
value,
6. a contract, promise or agreement of
contribution, whether or not legally
enforceable
7. use of facilities voluntarily donated by other
persons, the money value of which can be
assessed based on the rates prevailing in the
area.
8. Made for the purpose of influencing the
results of the elections.
� DOES NOT INCLUDE services
rendered without compensation by
individuals volunteering a portion or
all of their time in behalf of a
candidate or political party.
EXPENDITURE includes the payment or delivery of
money or anything of value, or a contract, promise or
agreement to make an expenditure, for the purpose
of influencing the results of the election. It shall also
include the use of facilities personally owned by the
candidate, the money value of the use of which can
be assessed on the rates prevailing in the area.
Prohibited Contributions:
Those made directly or indirectly by any of the
following:
1. public or private financial institutions (except
loans to a candidate or political party)
2. public utilities or those exploiting natural
resources of the nation
3. persons with contracts to supply the
government with goods or services or to
perform construction or other works
4. grantees of franchises, incentives,
exemptions, allocations or similar privileges
or concessions by the government
5. persons who, within one year prior to the
date of the election, have been granted loans
or other accommodations in excess of
P100,000 by the government
6. educational institutions which have received
grants of public funds not less than P100,000
7. officials or employees in the Civil Service or
members of the Armed Forces of the
Philippines; and
8. foreigners and foreign corporations.
Prohibited means of raising of funds (Sec. 97
Omnibus Election Code):
1. Holding any of the following activities:
a. dances
b. lotteries
c. cockfights
d. games
e. boxing bouts
f. bingo
g. beauty contests
h. entertainments
i. cinematographic, theatrical, or other
performances
for the purpose of raising funds for an
election campaign or for the support of any
candidate from the commencement of the
election period up to an including election
day.
2. It shall also be unlawful for any person or
organization to solicit and/or accept from any
candidate for public office any gift, food,
transportation, contribution or donation in
cash or in kind from the commencement of
the election period up to and including
election day, EXCEPT normal and customary
religious stipends, tithes or collections
Lawful Expenditures:
1. For traveling expenses
2. Compensation of campaigners, clerks,
stenographers, messengers, and other
persons actually employed in the campaign
3. Telegraph and telephone tolls, postage,
freight and express delivery charges
4. Stationery, printing and distribution of printed
matters relative to candidacy
5. Employment of watchers at the polls
6. Rent, maintenance and furnishing of
campaign headquarters, office, or place of
meetings
7. Political meetings and rallies
8. Advertisements
9. Employment of counsel, the cost of which
shall not be taken into account in determining
the amount of expenses which a candidate or
political party may have incurred
10. Copying and classifying list of voters,
investigating and challenging the right to vote
of persons registered in the lists, the cost of
which shall not be taken into account in
determining the amount of expenses which a
candidate or political party may have incurred
11. Printing sample ballots, the cost of which
shall not be taken into account in determining
the amount of expenses which a candidate or
political party may have incurred
Voters Qualifications
1. Age:
18 years old and over.
2. Residence:
He /she should have resided in the
Philippines for one year and resided in the
city/municipality wherein he proposes to vote
for at least 6 months immediately preceding
the election.
Residence Requirement
If the transfer of residence is due to any of the
following reasons, the person concerned will be
deemed NOT to have lost his original residence:
a. Transfer solely because of occupation,
profession, employment in private or
public service
b. Educational activities
c. Work in military or naval reservations
d. Service in the army, navy or air force,
national police force
e. Confinement/detention in government
institutions in accordance with law
NOTE: Residence is equal to domicile. Hence, a
person may be physically absent from his residence
for a short, or even long period of time, due to work,
studies, etc., but as long as he has the INTENT TO
RETURN to his place of residence, and corollary to
this, NO INTENT TO SETTLE in the place where he
is physically present, he/she is still a resident in his
original domicile (see Imelda Marcos case).
REPUBLIC ACT NO. 9189 – THE OVERSEAS
ABSENTEE VOTING ACT OF 2003
The Overseas Absentee Voting Act of 2003, also
known as ‘Absentee Voting Law’, is the law that
‘ensures equal opportunity to all qualified citizens of
the Philippines abroad’ to exercise their right to vote
(suffrage) in the election of President, Vice President,
Senators and Party-List Representatives.
Who are qualified to vote under the Absentee
Voting Law?
All citizens of the Philippines abroad, who are not
otherwise disqualified by law, at least eighteen (18)
years of age on the day of elections, may vote for
president, vice-president, senators and party-list
representatives. (Sec. 4 R.A. 9189)
Who are disqualified from voting under the
Absentee Voting Law?
1. Those who have lost their Filipino citizenship
in accordance with Philippine laws;
2. Those who have expressly renounced their
Philippine citizenship and who have pledged
allegiance to a foreign country;
3. Those who have committed and are
convicted in a final judgment by a court or
tribunal of an offense punishable by
imprisonment of not less than one (1) year,
including those who have committed and
been found guilty of Disloyalty as defined
under Article 137 of the Revised Penal Code,
such disability not having been removed by
plenary pardon or amnesty; Provided,
however, That any person disqualified to vote
under this subsection shall automatically
acquire the right to vote upon expiration of
five (5) years after service of sentence;
Provided, further, That the Commission may
take cognizance of final judgments issued by
foreign courts or tribunals only on the basis
of reciprocity and subject to the formalities
and processes prescribed by the Rules of
Court on execution of judgments;
4. An immigrant or a permanent resident who is
recognized as such in the host country,
unless he/she executes, upon registration, an
affidavit prepared for the purpose by the
Commission declaring that he/she shall
resume actual physical permanent residence
in the Philippines not later than three (3)
years from approval of his/her registration
under this Act. Such affidavit shall also state
that he/she has not applied for citizenship in
another country. Failure to return shall be the
cause for the removal of the name of the
immigrant or permanent resident from the
National Registry of Absentee Voters and
his/her permanent disqualification to vote in
absentia.
5. Any citizen of the Philippines abroad
previously declared insane or incompetent by
competent authority in the Philippines or
abroad, as verified by the Philippine
embassies, consulates or foreign service
establishments concerned, unless such
competent authority subsequently certifies
that such person is no longer insane or
incompetent. (Section 5. R.A. 9189)
How shall registration be done?
Registration as an overseas absentee voter shall be
done in person. (Section 6,RA 9189)
What is the procedure for registration?
A. For Qualified citizens of the Philippines abroad
who failed to register under Republic Act No. 8189,
otherwise known as the “The Voters Registration Act
of 1996”.
� They may personally apply for registration
with the Election Registration Board of the
city or municipality where they were
domiciled immediately prior to their departure
from the Philippines, or with the
representative of the Commission at the
Philippine embassies, consulates and other
foreign service establishments that have
jurisdiction over the locality where they
temporarily reside.
� The embassies, consulates and other foreign
service establishments shall transmit within
(5) days from receipt the accomplished
registration forms to the Commission, after
which the Commission shall coordinate with
the Election Officer of the city or municipality
of the applicant’s stated residence for
verification, hearing and annotation in the
permanent list of voters.
� Upon receipt of the application for
registration, the Election Officer shall
immediately set the application for hearing,
the notice of which shall be posted in a
conspicuous place in the premises of the city
or municipal building of the applicant’s stated
residence for at least one (1) week before the
date of the hearing. The Election Officer shall
immediately furnish a copy of the application
to the designated representatives of political
parties and other accredited groups.
� If no verified objection to the application is
filed, the Election Officer shall immediately
forward the application to the Election
Registration Board, which shall decide on the
application within one (1) week from the date
of hearing without waiting for the quarterly
meeting of the Board. The applicant shall be
notified of the approval or disapproval of
his/her application by registered mail.
� In the event that an objection to the
application is filed prior to or on the date of
hearing, the Election Officer shall notify the
applicant of said objection by registered mail,
enclosing therein copies of affidavits or
documents submitted in support of the
objection filed with the said Election Officer, if
any. The applicant shall have the right to file
his counter-affidavit by registered mail,
clearly stating therein facts and defenses
sworn before any officer in the host country
authorized to administer oaths
� The application shall be approved or
disapproved based on the merits of the
objection, counter-affidavit and documents
submitted by the party objecting and those of
the applicant.
� A Certificate of Registration as an overseas
absentee voter shall be issued by the
Commission to all applicants whose
applications have been approved, including
those certified as registered voters. The
Commission shall include the approved
applications in the National Registry of
Absentee Voters.
� If the application has been approved, any
interested party may file a petition for
exclusion not later than two hundred ten
 (210) days before the day of elections with
the proper municipal or metropolitan trial
court. The petition shall be decided within
fifteen (15) days after its filing on the basis of
the documents submitted in connection
therewith. Should the court fail to render a
decision within the prescribed period, the
ruling of the Election Registration Board shall
be considered affirmed.
� If the application has been disapproved, the
applicant or his authorized representative
shall, within a period of five (5) days from
receipt of the notice of disapproval, have the
right to file a petition for inclusion with the
proper municipal or metropolitan trial court.
The petition shall be decided within five (5)
days after its filing on the basis of documents
submitted in connection therewith.
B. For Qualified citizens of the Philippines abroad,
who have previously registered as voters pursuant to
Republic Act No. 8189
They shall apply for certification as absentee voters
and for inclusion in the National Registry of Overseas
Absentee Voters, with a corresponding annotation in
the Certified Voters’ List. (Section 6 of RA 9189)
How shall voting be done?
1. The overseas absentee voter shall personally
accomplish his/her ballot at the embassy,
consulate or other foreign service
establishment that has jurisdiction over the
country where he/she temporarily resides or
at any polling place designated and
accredited by the Commission. (section 16,
RA 9189)
2. The overseas absentee voter may also vote
by mail. (Section 17, RA 9189)
When may voting by mail be allowed?
� For the May, 2004 elections, the Commission
shall authorize voting by mail in not more
than three (3) countries, subject to the
approval of the Congressional Oversight
Committee. Voting by mail may be allowed in
countries that satisfy the following conditions:
� Where the mailing system is fairly welldeveloped
and secure to prevent the
occasion of fraud;
� Where there exists a technically established
identification system that would preclude
multiple or proxy voting; and,
� Where the system of reception and custody
of mailed ballots in the embassies,
consulates and other foreign service
establishments concerned are adequate and
well-secured.
� Thereafter, voting by mail in any country shall
be allowed only upon review and approval of
the Joint Congressional Oversight
Committee. (Section 17.1, RA 9189)
How will the counting and canvassing of the
votes be done?
� The counting and canvassing of votes shall
be conducted on site in the country where
the votes were actually cast. The opening of
the specially-marked envelopes containing
the ballots and the counting and canvassing
of votes shall be conducted within the
premises of the embassies, consulates and
other foreign service establishments or in
such other places as may be designated by
the Commission pursuant to the
Implementing Rules and Regulations. The
Commission shall ensure that the start of
counting in all polling places abroad shall be
synchronized with the start of counting in the
Philippines.
� The Commission shall constitute as many
Special Boards of Election Inspectors as may
be necessary to conduct and supervise the
counting of votes.
� Immediately upon the completion of the
counting, the Special Boards of Election
Inspectors shall transmit via facsimile and/or
electronic mail the results to the Commission
in Manila and the accredited major political
parties. (Section 18, RA 9189)
Can the canvass of the overseas absentee votes
delay the proclamation of winners?
No. The canvass of votes shall not cause
the delay of the proclamation of a winning candidate
if the outcome of the election will not be affected by
the results thereof. Notwithstanding the foregoing, the
Commission is empowered to order the proclamation
of winning candidates despite the fact that the
scheduled election has not taken place in a particular
country or countries, if the holding of elections therein
has been rendered impossible by events, factors and
circumstances peculiar to such country or countries,
and which events, factors and circumstances are
beyond the control or influence of the Commission.
(Section 18, RA 9189)
RA 8189 – VOTER”S REGISTRATION ACT OF
1996
What kind of registration system do we have?
1. Continuing,
2. Computerized and
3. Permanent
Disqualifications
1. If sentenced by final judgment to suffer
imprisonment for not less than 1 year and
such disability was not removed by plenary
pardon or has not been granted amnesty.
However, any person disqualified to vote
shall automatically reacquire the right to vote
upon expiration of 5 years after service of
sentence.
2. Any person who has been adjudged by final
judgment by competent court or tribunal of
having committed any crime involving
disloyalty to the duly constituted government
such as rebellion or any crime against
national security:
a. UNLESS restored to his full civil and
political rights in accordance with law.
b. However, he shall regain his right to vote
automaticallyupon expiration of 5 years
after service of sentence.
3. Insane or incompetent persons as declared
by competent authority.
Jurisdiction in Inclusion/Exclusion cases
1. The municipal and metropolitan trial courts
shall have original and exclusive jurisdiction
over all matters of inclusion and exclusion of
voters from the list in their respective
municipalities or cities. Petition filed at any
time except 105 days before regular election
or 75 days before special election
2. Decisions may be appealed to the RTC
within 5 days from receipt of notice of
decision.
3. RTC will decide the appeal within 10 days.
Decision is final and executory.
NOTE: Relate this to Article IX of the
Constitution, which provides that the
COMELEC has no jurisdiction over questions
involving the right to vote.
4. Exclusion is through sworn petition and not
later than 100 days before regular election;
65 days before special election
Grounds when the List of Voters will be altered:
1. Deactivation/ Reactivation
2. Exclusion/ Inclusion
3. Cancellation of Registration in case of
Death
4. New voters
5. Annulment of Book of Voters
6. Transfer of Residence
How is challenge to right to register effected?
Who - any voter, candidate, political party
representative
How - in writing, stating grounds, under oath,
proof of notice of hearing
DEACTIVATION is the removal from the registration
records of persons from the precinct book of voters
and place the same, properly marked and dated in
indelible ink, in the inactive file after entering the
cause of deactivation.
How is reactivation of registration effected?
1. Sworn application for reactivation
2. Affidavit
3. Not later than 120 days before regular
election and 90 days before special election
Annulment of Book of Voters is through verified
petition; notice and hearing; not prepared in
accordance with law or prepared through fraud,
bribery, forgery, impersonation, intimidation, force,
any similar irregularity or which contains data that are
statistically improbable; Cannot be done within 90
days before election
Pre-Proclamation Controversies
refers to any question pertaining to or affecting the
proceedings of the board of canvassers which may
be raised by any candidate or by any registered
political party or coalition of political parties before the
board or directly with the COMELEC.
� It would also refer to any matter raised under
Sections 233, 234, 235, and 236 of the
Omnibus Election Code in relation to the
preparation, transmission, receipt, custody,
and appreciation of the election returns.
(Board of canvassers has original jurisdiction
while COMELEC has appellate jurisdiction)
� When election returns are delayed, lost or
destroyed (Sec.233)
� Material defects in the election returns (Sec.
234)
� When election returns appear to be tampered
with or falsified. (Sec. 235)
� Discrepancies in election returns (Sec. 236)
Those that can be filed with COMELEC directly are
the ff:
1. Issue involves the illegal composition or
proceedings of the board of canvassers, as
when a majority or all of the members do
not hold legal appointments or are in fact
usurpers
2. Issue involves the correction of manifest
errors in the tabulation or tallying of the
results during the canvassing
Recount
There can be a recount under the grounds of 234-
236. The returns involved will affect the results and
the integrity of the ballot box has been preserved
Issues that may be raised in a pre-proclamation
controversy
1. Illegal composition or proceedings of the
board of canvassers
2. The canvassed election returns are
incomplete, contain material defects,
appear to be tampered with or falsified, or
contain discrepancies in the same returns
or in authentic copies thereof.
3. The election returns were prepared under
duress, threats, coercion, or intimidation, or
they are obviously manufactured, or not
authentic.
4. When substitute or fraudulent returns in
controverted polling places were
canvassed, the results of which materially
affected the standing of the aggrieved
candidate/s.
Procedure
1. Contested composition or proceedings of the
board (under RA 7166)
It may be initiated in the board or directly
with COMELEC.
2. Contested election returns (under RA 7166)
Matters relating to the preparation,
transmission, receipt, custody and
appreciation of the election returns, and
certificate of canvass, should be brought in
the first instance before the board of
canvassers only.
Summary nature of pre-proclamation controversy
� Pre-proclamation controversies shall be
heard summarily by the COMELEC.
� Its decision shall be executory after the lapse
of 5 days from receipt by the losing party of
the decision, unless restrained by the SC.
Effect of filing petition to annul or suspend
proclamation
It suspends the running of the period within which to
file an election protest or quo warranto proceeding.
When not allowed
Pre-proclamation cases on matters relating to the
preparation, transmission, receipt, custody and
appreciation of the election returns or the certificates
of canvass NOT allowed in elections for: (under RA
7166)
1. President
2. Vice-President
3. Senator
4. Member of the House of Representatives
BUT:
� The appropriate canvassing body motu
propio or upon written complaint of an
interested person can correct manifest errors
in the certificate of canvass or election
returns before it.
� Questions affecting the composition or
proceedings of the board of canvassers may
be initiated in the board or directly with
COMELEC.
When pre-proclamation cases are deemed
TERMINATED (RA 7166)
� All pre-proclamation cases pending before
the COMELEC shall be deemed terminated
at the beginning of the term of the office
involved and the rulings of the boards of
canvassers concerned deemed affirmed.
� This is without prejudice to the filing of a
regular election protest by the aggrieved
party.
HOWEVER: Proceedings MAY CONTINUE if:
1. The COMELEC determines that the petition
is meritorious and issues an order for the
proceedings to continue or
2. The Supreme Court issues an order for the
proceedings to continue in a petition for
certiorari.
Election Contest
I. Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests
relating to the elections, returns, and qualifications of
all elective:
1. Regional
2. Provincial
3. City officials
II. Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all
contests involving:
1. Elective MUNICIPAL officials decided by trial
courts of GENERAL jurisdiction
2. Elective BARANGAY officials decided by trial
courts of LIMITED jurisdiction
Who can file a petition contesting the election?
Any candidate who has duly filed a certificate of
candidacy and has been voted for the same office
Purpose of an election contest
The defeated candidate seeks to oust the proclaimed
winner and claims the seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the
Commission on Election contests involving municipal
and barangay offices are final, executory and not
appealable:
1. This only applies to questions of FACT.
(Flores v. COMELEC, 184 SCRA 484)
2. It does NOT preclude a special civil action of
certiorari. (Galido v. COMELEC, Jan.
18,1991)
Distinctions between Pre-Proclamation
Controversy and Election Contest
1. Dividing line: Proclamation of a candidate
2. Jurisdiction
I. Pre-proclamation controversy
1. The jurisdiction of COMELEC is
administrative /quasi-judicial
2. It is governed by the requirements of
administrative due process
II. Election contest
1. The jurisdiction of COMELEC is judicial
2. It is governed by the requirements of judicial
process
3. In some cases, even if the case (involving
municipal officials) began with the
COMELEC before proclamation but a
proclamation is made before the controversy
is resolved, it ceases to be a preproclamation
controversy and becomes an
election contest cognizable by the RTC.
However, in some cases, the SC has
recognized the jurisdiction of COMELEC over
municipal cases even after proclamation.
Relate to the provision in RA 7166 allowing
pre-proclamation controversy proceedings to
continue even after a proclamation has been
made.
Distinctions between Pre-Proclamation
Controversy and Quo Warranto
� Quo warranto is not, strictly speaking, a
contest. It is a proceeding to unseat an
ineligible person from office. An election
protest more than seeks to oust the winner.
It is strictly a contest between the winning
candidate and the defeated candidate.
� Quo warranto may be filed by an voter. An
election protest may be filed only by a
candidate who has duly filed a certificate of
candidacy to the same office and has been
voted for.
� Grounds for quo warranto are disloyalty or
ineligibility of the winning candidate.
Grounds for election contest are election
fraud and irregularities in the counting and
casting of votes or in the preparation of the
returns.
� In quo warranto, the respondent may be
unseated, but the petitioner may not be
installed into the office vacated. In election
contest, the protestee may be unseated and
the protestant may be installed into the office
vacated.
Election Offenses (Selected Offenses)
Vote buying and vote-selling
I. Covered acts
1. Give, offer or promise money or anything of
value
2. Making or offer to make any expenditure,
directly or indirectly, or cause expenditure to
be made to any person, association,
corporation, entity or community
3. Soliciting or receiving, directly or indirectly,
any expenditure or promise of any office or
employment, public or private
II. Purpose of acts
1. To induce anyone or the public in general to
vote for or against any candidate or withhold
his vote in the election; or
2. To vote for or against any aspirant for the
nomination or choice of a candidate in a
convention or similar selection
III. Under RA 6646 (Prosecution of votebuying/
selling)
1. Presentation of a complaint supported by
affidavits of complaining witnesses attesting
to the offer or promise by or the voters
acceptance of money or other consideration
from the relatives, leaders or sympathizers of
a candidate is sufficient basis for an
investigation by the COMELEC, directly or
through its duly authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different
precincts representing at least 20% of the
total precincts in any municipality, city or
province has been offered, promised or given
money, valuable consideration or other
expenditure by a candidate relatives, leaders
and/or sympathizers for the purpose of
promoting the election of such candidate.
3. Disputable presumption of involvement
Proof affects at least 20% of the
precincts of the municipality, city or province
to which the public office aspired for by the
favored candidate relate. This will constitute
a disputable presumption of the involvement
of such candidate and of his principal
campaign managers in each of the
municipalities concerned in the conspiracy
Coercion of a subordinate
I. Who can be held liable
1. public officer
2. officer of a public/private
corporation/association
3. heads/superior/administrator of any religious
organization
4. employer/landowner
II. Prohibited acts
1. Coercing, intimidating or compelling or
influencing, in any manner, any subordinates,
members, parishioners or employees or
house helpers, tenants, overseers, farm
helpers, tillers or lease holders to aid,
campaign or vote for or against a candidate
or aspirant for the nomination or selection of
candidates.
2. Dismissing or threatening to dismiss,
punishing or threatening to punish by
reducing salary, wage or compensation or by
demotion, transfer, suspension etc.
Appointment of new employees, creation of new
position, promotion or giving salary increases
1. Who can be held liable:
Any head/official/appointing officer of
a government office, agency or
instrumentality, whether national or local,
including GOCCs.
2. Prohibited acts
a. Appointing or hiring a new employee
(provisional, temporary or casual)
b. Creating or filling any new position
c. Promoting/giving an increase in salary,
remuneration or privilege to any
government official or employee.
3. Period when acts are prohibited
a. 45 days before a regular election
b. 30 days before a special election
4. Exceptions
Upon prior authority of COMELEC if it is
satisfied that the position to be filled is essential
to the proper functioning of the office/agency
concerned AND that the position is not filled in a
manner that may influence the election
In case of urgent need, a new employee may
be appointed. Notice of appointment should be
given to COMELEC within 3 days from
appointment.
Prohibition against release, disbursement or
expenditure of public funds
1. Who can be held liable:
Any public official or employee including
barangay officials and those of
GOCCs/subsidiaries
2. Prohibited acts: years from the date of their commission
The release, disbursement or � If the discovery of the offense is made in an
expenditure of public funds for any and other election contest proceeding, the period of
kinds of public works. prescription shall commence on the date on
3. Period when acts are prohibited: which the judgment in such proceedings
a. 45 days before a regular election becomes final and executory
b. 30 days before a special election Jurisdiction of courts
4. Exception 1. RTC has exclusive original jurisdiction to try
a. Maintenance of existing/completed public and decide any criminal action or
works project. proceedings for violation of the Code.
b. Work undertaken by contract through 2. MTC/MCTC have jurisdiction over offenses
public bidding, or by negotiated contract relating to failure to register or vote.
awarded before the 45 day period before N PROTEST QUO WARRANTO PREPROCLAMATION
election CONTROVERSY
c. Payment for the usual cooperation for ANNULMENT OF
working drawings, specifications and PROCLAMATION
other procedures preparatory to actual ELECTION
construction including the purchase of OFFENSE
material and equipment and incidental GROUNDS Fraud and irregularities
expenses for wages. in casting, counting of
d. Emergency work necessitated by the votes, and election
occurrence of a public calamity but such incidents
work shall be limited to the restoration of 1. Disloyalty to the Republic
the damaged facility. 2. Ineligibility
e. Ongoing public work projects Illegal composition and
commenced before the campaign period proceedings of the
or similar projects under foreign Board of Canvassers
agreements. Irregularities in
Suspension of elective, provincial, city, municipal preparation,
or barangay officer transmission, receipt,
General rule: public official CANNOT suspend any of custody, and
the officers enumerated above during the election appreciation of election
period. returns and certificates
Exceptions: of canvass
1. With prior approval of COMELEC Proclamation based
2. Suspension is for the purpose of applying the on irregular and
Anti-Graft and Corrupt Practices Act illegal canvass
In relation to registration of voters/voting whether in the
1. Unjustifiable refusal to register and vote- election returns,
NOTE THAT FAILURE TO REGISTER certificate of canvass,
AND/OR VOTE IS NO LONGER A CRIME. proceedings and
2. Voting more than once in the same composition of board
election/voting when not a registered voter of canvassers
3. Voting in substitution for another with or Violation of
without the latter’s knowledge and/or consent Election Code
etc. Commission of
Other election offenses under RA 6646 prohibited acts
1. Causing the printing of official ballots and VENUE President and VP:
election returns by printing establishments Presidential Electoral
not on contract with COMELEC and printing Tribunal
establishments which undertakes Senators: Senate
unauthorized printing Electoral Tribunal
2. Tampering, increasing or decreasing the Representatives: House
votes received by a candidate or refusing of Rep. Electoral
after proper verification and hearing to credit Tribunal
the correct votes or deduct the tampered Regional/Provincial/City:
votes (committed by a member of the board Comelec
of election inspectors) Municipal: RTC
3. Refusing to issue the certificate of voters to President and VP: Presidential
the duly accredited watchers (committed by a Electoral Tribunal
member of the BEI) Senators: Senate Electoral
4. Person who violated provisions against Tribunal
prohibited forms of election propaganda Representatives: House of
5. Failure to give notice of meetings to other Rep. Electoral Tribunal
members of the board, candidate or political Regional/Provincial/City:
party (committed by the Chairman of the Comelec
board of canvassers) Municipal: RTC
6. A person who has been declared a nuisance Re: Board of
candidate or is otherwise disqualified who Canvassers: with
continues to misrepresent himself as a Board or with Comelec
candidate (Ex. by continuing to campaign) Re: Election Returns:
and any public officer or private individual with Board of
who knowingly induces or abets such Canvassers
misrepresentation by commission or Comelec Comelec Law
omission. Dept. for
7. If the chairman of the BEI fails to affix his preliminary
signature at the back of the official ballot, in investigation, then
the presence of the voter, before delivering Courts for
the ballot to the voter. (under RA 7166) prosecution
Prescription of Election Offenses EFFECT IF
� Election offenses shall prescribe after 5 CASE
PROSPERS EVIDENCE Ballots
Incumbent-protestee Election returns
removed from office Minutes
If protestant gains Documentary and
highest number, he/she Testimonial Evidence
is proclaimed Documentary and Testimonial
Incumbent-respondent Evidence
dislodged Documentary and
Petitioner does not assume the testimonial evidence
petition. Election returns
Follow the rules on succession Documentary and
Election return set testimonial evidence
aside Affidavits
Recount Documentary and
Suspension of testimonial evidence
Proclamation courtesy of Atty. Agra
Proclamation
annulled OTHER LAWS in ELECTION LAW
Filing suspends the REPUBLIC ACT No. 7941 AN ACT PROVIDING
running of the period FOR THE ELECTION OF PARTY-LIST
within which to file REPRESENTATIVES THROUGH THE PARTY-LIST
election protest or SYSTEM AND APPROPRIATING FUNDS
Respondent THEREFOR
penalized with fine,
imprisonment, What is the party-list system of election?
disqualification to It is a mechanism of proportional representation in
hold public office or the election of representatives to the House of
deprivation of right Representatives from marginalized or
to vote underrepresented national, regional and sectoral
of officers or conduct special parties, or organizations or coalitions thereof
elections registered with the Commission on Elections
quo warranto (Comelec). It is part of the electoral process that
PETITIONER Any candidate for the enables small political parties and marginalized and
position underrepresented sectors to obtain possible
Any voter Any candidate or representation in the House of Representatives,
political party which traditionally is dominated by parties with big
Any candidate or political machinery.
political party Who may participate?
Any voter Instead of individual candidates, only registered
PERIOD Within 10 days from organized groups may participate and these are:
proclamation Sectoral Party – an organized group of citizens
Within 10 days from whose principal advocacy pertains to the special
proclamation interests and concerns of the following sectors: labor,
Upon convening of fisherfolk, peasant, women, urban poor, youth,
Board indigenous, overseas workers, veterans, cultural
When election return communities, professionals, handicapped, elderly
presented Sectoral Organization – a group of qualified voters
Within 10 days from bound together by similar physical attributes or
proclamation characteristics, or by employment, interests or
Within 5 years from concerns.
commission Political Party – an organized group of qualified
ON PROTEST QUO WARRANTO voters pursuing the same ideology, political ideas and
PREPROCLAMATION principles for the general conduct of the government;
CONTROVERSY it may be:
ANNULMENT OF � A national party when its constituency is
PROCLAMATION spread over the geographical territory of at
ELECTION least a majority of the regions; and
OFFENSE � A regional party when its constituency is
REQts Filed by candidate spread over the geographical territory of at
Within period least a majority of the cities and provinces
Protestee proclaimed comprising a region.
Payment of filing fee COALITION – an aggrupation of duly-registered
Allegations of fraud national, regional, sectoral parties or organizations
Certification against for political and/or election purposes.
forum shopping May the Comelec remove and/or cancel
Filed by voter registration of any entity?
Within period The Comelec may, motu proprio or upon verified
Grounds complaint of any interested party, remove or cancel
Position Contested after due notice and hearing, the registration of any
Filed by candidate or national, regional or sectoral party, organization or
political party coalition on any of the following grounds:
Filed by candidate 1. It is a religious sect or denomination,
or political party organization or association organized for
within period religious purposes;
Complaint-affidavit 2. It advocates violence or unlawful means to
PROCEDURE Revision achieve its goal;
Trial 3. It is a foreign party or organization;
Trial Two objection rule 4. It is receiving support from any foreign
(oral and written) government, foreign political party,
Trial Summary foundation, organization, whether directly or
proceedings indirectly or through its officers or members
or indirectly through third parties for
partisan election purposes;
5. It violates or fails to comply with laws, rules
or regulations relating to elections;
6. It has made untruthful statements in its
petition; and
7. It has ceased to exist for at least one (1)
year from the time the petition is filed.
8.
What are the qualifications of a party-list
nominee?
1. A natural-born citizen of the Philippines;
2. A registered voter;
3. A resident of the Philippines for a period
of not less than one (1) year
immediately preceding the election day;
4. Able to read and write;
5. A bona fide member of the party he
seeks to represent for at least ninety
(90) days preceding election day;
6. and At least twenty-five (25) years of
age on election day.
NOTE: In case of the youth sector, he must be at
least twenty-five (25) but not more than thirty (30)
years of age on the day of the election. Any youth
sectoral representative who reaches the age of thirty
(30) during his term shall be allowed to continue in
office until the expiration of his term.
How many seats are available under the party-list
system?
Twenty percent (20%) of the total membership in the
House of Representatives is reserved for party-list
representatives, or a ratio of one (1) party list
representative for every four (4) legislative district
representatives. (20% ALLOCATION)
How does the party-list system enhance the
chances or marginalized or underrepresented
parties of winning seats in the House of
Representatives?
In the party-list system, no single party may hold
more than three (3) party-list seats. Bigger parties
which traditionally will dominate elections cannot
corner all the seats and crowd out the smaller parties
because of this maximum ceiling. This system shall
pave the way for smaller parties to also win seats in
the House of Representatives. (3-SEAT LIMIT)
How shall party-list seats be allocated? [See
Veterans Federation Party, et al. vs. Commission
on Elections, et al. (G. R. No. 136781, 06 October
2000)].
Party-list seats shall be allocated as follows:
1. The parties shall be ranked from highest
to lowest based on the number and
percentage of votes garnered during the
elections;
2. Only a maximum of three seats may be
allowed per party. Seats are allocated at
the rate of one seat per 2% of votes
obtained; and
3. Unallocated seats shall be distributed
among the parties, which have not yet
obtained the maximum 3 seats, provided
they have mustered at least 2% of votes.
NOTE: The variance of percentage in excess of 2%
or 4% (equivalent to 1 or 2 seats that have already
been obtained, respectively) shall be ranked and be
the basis for allocating the remaining seats.
What is the status of the party-list representatives
vis-à-vis representatives of legislative districts in
the House of Representatives?
Party-list representatives are considered elected
Members of the House and as such, entitled to the
same deliberative rights, salaries, and emoluments
as the regular Members of the House of
representatives. They shall serve for a term of three
(3) years with a maximum of three (3) consecutive
terms.
REPUBLIC ACT NO. 6646 AN ACT INTRODUCING
ADDITIONAL REFORMS IN THE ELECTORAL
SYSTEM AND FOR OTHER PURPOSES.
How should City Voters vote?
The registered voters of a highly urbanized city shall
not vote in the election for provincial officials of the
province in which it is located. No component city
shall be declared or classified as a highly urbanized
city within sixty (60) days prior to a local election. The
registered voters of a component city shall be entitled
to vote in the election for provincial officials of the
province of which it is a part, unless its charter
provides otherwise. (Sec. 3)
What is the effect of a disqualification case?
Any candidate who has been declared by final
judgment to be disqualified shall not be voted for, and
the votes cast for him shall not be counted. If for any
reason a candidate is not declared by final judgment
before an election to be disqualified and he is voted
for and receives the winning number of votes in such
election, the Court or Commission shall continue with
the trial and hearing of the action, inquiry, or protest
and, upon motion of the complainant or any
intervenor, may during the pendency thereof order
the suspension of the proclamation of such candidate
whenever the evidence of his guilt is strong. (Sec. 6)
Aside from the prohibited acts and election
offenses enumerated in Sections 261 and 262 of
the Omnibus Election Code (B. P. Blg. 881, as
amended), what are the other ELECTION
OFFENSES?
1. Any person who causes the printing of official
ballots and election returns by any printing
establishment, which is not under contract
with the Commission on Elections and any
printing establishment, which undertakes
such unauthorized, printing.
2. Any member of the board of election
inspectors or board of canvassers who
tampers, increases, or decreases the votes
received by a candidate in any election or
any member of the board who refuses, after
proper verification and hearing, to credit the
correct votes or deduct such tampered votes.
3. Any member of the board of election
inspectors who refuses to issue to duly
accredited watchers the certificate of votes
provided in Section 16 hereof.
4. Any person who violates Section 11 hereof
regarding prohibited forms of election
propaganda.
5. Any chairman of the board of canvassers
who fails to give notice of meetings to other
members of the board, candidate or political
party as required under Section 23 hereof.
6. Any person declared a nuisance candidate
as defined under Section 69 of Batas
Pambansa Blg. 881, or is otherwise
disqualified, by final and executory judgment,
who continues to misrepresent himself, or
holds himself out, as a candidate, such as by
continuing to campaign thereafter, and/or
other public officer or private individual, who
knowingly induces or abets such
misrepresentation, by commission or
omission, shall be guilty of an election
offense and subject to the penalty provided in
Section 264 of the same Code. (Sec. 27)
REPUBLIC ACT NO. 7166 AN ACT PROVIDING
FOR SYNCHRONIZED NATIONAL AND LOCAL
ELECTIONS AND FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR,
AND FOR OTHER PURPOSES
When may special elections be had?
In case a permanent vacancy shall occur in the
Senate or House of Representatives at least one (1)
year before the expiration of the term, the
Commission shall call and hold a special election to
fill the vacancy not earlier than sixty (60) days nor
longer than ninety (90) days after the occurrence of
the vacancy. However, in case of such vacancy in the
Senate, the special election shall be held
simultaneously with the succeeding regular election.(
Sec. 4)
How long is the election and campaign period?
Regular elections shall commence ninety (90) days
before the day of the election and shall end thirty (30)
days thereafter. The campaign period for President,
Vice-President and Senators shall be ninety (90)
days before the day of the election and for Members
of the House of Representatives and elective
provincial, city and municipal officials, forty-five (45)
days before the day of the election.
Any election campaign or partisan political activity for
or against any candidate outside of the campaign
period herein provided is prohibited and shall be
considered as an election offense punishable under
Section 263 and 264 of the Omnibus Election Code.
How much may a candidate or registered political
party spend for election campaign?
1. FOR CANDIDATES. - Ten pesos (P10.00)
for President and Vice-President; and for
other candidates Three Pesos (P3.00) for
every voter currently registered in the
constituency where he filed his certificate of
candidacy: Provided, That a candidate
without any political party and without
support from any political party may be
allowed to spend Five Pesos (P5.00) for
every such voter; and
2. FOR POLITICAL PARTIES. - Five pesos
(P5.00) for every voter currently registered in
the constituency or constituencies where it
has official candidates. (Sec. 13)
Is the Statement of Contributions and Expenditures required
what is the Effect of Failure to File Statement? –
Yes. Every candidate and treasurer of the political
party shall, within thirty (30) days after the day of the
election, file in duplicate with the offices of the
Commission the full, true and itemized statement of
all contributions and expenditures in connection with
the election.
� No person elected to any public offices shall
enter upon the duties of his office until he has
filed the statement of contributions and
expenditures herein required.
� The same prohibition shall apply if the
political party which nominated the winning
candidate fails to file the statement required
herein within the period prescribed by this
Act.
� Except candidates for elective barangay
office, failure to file the statements or reports
in connection with electoral contributions and
expenditures are required herein shall
constitute an administrative offense for which
the offenders shall be liable to pay an
administrative fine ranging from One
thousand pesos (P1,000.00) to Thirty
thousand pesos (P30,000.00), in the
discretion of the Commission.
� The fine shall be paid within thirty (30) days
from receipt of notice of such failure;
otherwise, it shall be enforceable by a writ of
execution issued by the Commission against
the properties of the offender. (Sec. 14)
Are Pre-proclamation Cases Allowed in Elections
for President Vice-President, Senator, and
Member of the House of Representatives?
As a General Rule, no pre-proclamation cases shall
be allowed on matters relating to the preparation,
transmission, receipt, custody and appreciation of the
election returns or the certificates of canvass, as the
case may be.
However, this does not preclude the authority of the
appropriate canvassing body motu propio or upon
written complaint of an interested person to correct
manifest errors in the certificate of canvass or
election returns before it.
Are Pre-proclamation Cases Involving Provincial,
City and Municipal Offices allowed? When are
they terminated?
� Pre-proclamation cases involving provincial,
city and municipal offices shall be allowed.
� All pre-proclamation cases pending before
the Commission shall be deemed terminated
at the beginning of the term of the office
involved and the rulings of the boards of
canvassers concerned shall be deemed
affirmed, without prejudice
� to the filing of a regular election protest by
the aggrieved party. However, proceedings
may continue when on the basis of the
evidence thus far presented, the Commission
determined that the petition appears
meritorious and accordingly issues an order
for the proceeding to continue or when an
appropriate order has been issued by the
Supreme Court in a petition for certiorari.
How are pre-proclamation controversies
commenced?
Questions affecting the composition or proceedings
of the board of canvassers may be initiated in the
board or directly with the Commission. However,
matters raised in relation to the preparation,
transmission, receipt, custody and appreciation of the
election returns, and the certificates of canvass shall
be brought in the first instance before the board of
canvassers only.
Are Partial Proclamations allowed?
Yes. Notwithstanding the pendency of any preproclamation
controversy, the Commission may
summarily order the proclamation of other winning
candidates whose election will not be affected by the
outcome of the controversy.
How are Election Contests for Municipal Offices
resolved?
� All election contests involving municipal
offices filed with the Regional Trial Court
shall be decided expeditiously.
� The decision may be appealed to the
Commission within five (5) days from
promulgation or receipt of a copy thereof by
the aggrieved party. The Commission shall
decide the appeal within sixty (60) days after
it is submitted for decision, but not later than
six (6) months after the filing of the appeal,
which decision shall be final, unappealable
and executory.
How should the Congress as the National Board
of Canvassers for the Election of President and
Vice-President perform such function,
particularly the Determination of Authenticity and
Due Execution of Certificates of Canvass?
Congress shall determine the authenticity and due
execution of the certificate of canvass for President
and Vice-President as accomplished and transmitted
to it by the local boards of canvassers, on a showing
that:
1. each certificate of canvass was executed,
signed and thumbmarked by the chairman
and members of the board of canvassers and
transmitted or caused to be transmitted to
Congress by them;
2. each certificate of canvass contains the
names of all of the candidates for President
and Vice-President and their corresponding
votes in words and in figures; and
3. there exists no discrepancy in other authentic
copies of the certificate of canvass or
discrepancy in the votes of any candidate in
words and figures in the certificate.
When the certificate of canvass, duly certified by the
board of canvassers of each province, city or district,
appears to be incomplete, the Senate President shall
require the board of canvassers concerned to
transmit by personal delivery, the election returns
from polling places that were not included in the
certificate of canvass and supporting statements.
Said election returns shall be submitted by personal
delivery within two (2) days from receipt of notice.
When it appears that any certificate of canvass or
supporting statement of votes by precinct bears
erasures or alterations which may cast doubt as to
the veracity of the number of votes stated therein and
may affect the result of the election, upon request of
the Presidential or Vice-Presidential candidate
concerned or his party, Congress shall, for the sole
purpose of verifying the actual number of votes cast
for President and Vice-President, count the votes as
they appear in the copies of the election returns
submitted to it.