LEGAL RESEARCH REVIEWER

BY: JICA GULA

CASES DISCUSSED:

DE ROY VS COURT OF APPEALS

MOTION FOR RECONSIDERATION – ASKING THE COURT TO RECONSIDER ITS DECISION
GRACE PERIOD – TIME GIVEN BEFORE EFFECTIVITY OF THE LAW
* BEFORE A LAW CAN TAKE EFFECT IT SHOULD BE PUBLISHED (ACCORDING TO THE CIVIL CODE)
* WHY IS THERE NO NEED FOR PUBLISHING THE SUPREME COURT DECISIONS?
- RATIONALE: DECISIONS ARE ALREADY PROVIDED TO THE PARTIES INVOLVED, SO THERE IS NO
NEED TO PUBLISH IT ; AND IT IS ALREADY PROVIDED IN THE SCRA
* STATUTES & RULES ARE THE ONES THAT NEEDS TO BE PUBLISHED
* IT IS CRUCIAL TO KNOW OR BE UPDATED OF THE LATEST LAWS/RULES THAT YOU NEED TO
ABIDE
- ESPECIALLY FOR LAWYERS, FOR THE REASON THAT YOU MIGHT LOSE A CASE JUST
BECAUSE OF YOUR IGNORANCE OF THE LAW. AS LAWYERS, WE ARE EXPECTED TO KNOW
AND BE AN EXPERT OF THE LAW IN ORDER FOR US TO PROPERLY EXECUTE OUR DUTY IN
HELPING PEOPLE WITH THEIR LEGAL PROBLEMS AND REPRESENTING THEM IN THEIR
LEGAL CASES.
- YOU SHOULD HAVE THE KNOWLEDGE OF WHICH LAWS AND JURISPRUDENCE ARE
APPLICABLE OR RELEVANT TO YOUR CASE

SUBPOENA DUCES TECUM

THE COURT OR THE INVESTIGATIVE BODY ARE THE ONLY ONES WHO CAN ISSUE A SUBPOENA
DUCES TECUM (produce relevant document for the case) / SUBPOENA (appear to
testify)
WHY WERE FORMER CHIEF JUSTICE DAVIDE & FORMER ASSOCIATE JUSTICE ALICIA MARTINEZ
ACCUSED OF BEING BIASED AND HAVING BAD FAITH?
- THEY OVERTURNED THE DECISION OF THE LOWER COURTS, AND IN DOING SO, THEY
REVIEWED THE FACTS OF THE CASE WHICH IS A VIOLATION
* SUPREME COURT IS NOT A TRIER OF FACTS; THEY ARE ONLY LIMITED TO QUESTIONING
OR INTERPRETING THE LAW
* FINDING OF FACTS IS A POWER GIVEN ONLY TO THE RTC
NOTES:
* YOU CANNOT CITE AS A LEGAL BASIS AN OBSOLETE RULE
* YOU CANNOT CITE A PREVIOUS CONSTITUTION UNDER A NEW CONSTITUTION
12.01RULE
RESPONSIBILITY OF A LAWYER TO BE PREPARED ON COURT
- ACT OF SHOWING RESPECT TO THE COURT
- LAWYERS ARE THE OFFICERS OF THE COURT
* WORST CASE SCENARIO: YOU LOSE THE CASE
LEGAL RESEARCH REVIEWER

BY: JICA GULA

* FOUR FOLD OBLIGATIONS OF A LAWYER:

1. OBLIGATION TO THE CLIENT
2. OBLIGATION TO THE COURT
3. OBLIGATION TO COLLEAGUES
4. OBLIGATION TO THE COUNTRY

I. DEFINITION OF LEGAL RESEARCH

- SEARCH FOR AUTHORITY that will aid in finding the solution to a legal problem
- Process of identifying and retrieving information necessary to support legal decision
making
- Involves locating the laws (authority) enforced by the state and finding out what the
law is as well as the general principles that govern its application AND assess how
the law is significant to the case (research & analysis)

NOTE: Do NOT ignore those cases or statutory provisions that does not favor the client’s
position, it should be further analyzed if possible (to make necessary connections that
could help the case)

STEP 1 : Analysis of the facts of a problem / PROBLEM IDENTIFICATION AND

ANALYSIS

 Collect the facts

 Classify the facts
 Determine legal issue/s
 Identify the jurisdiction

STEP 2 : Concludes with the application / INFORMATION SEARCH & RETRIEVAL

STEP 3 : and Communication of the results of the investigation

IMPORTANCE

- NECESSARY FOR SOLVING LEGAL PROBLEMS

- PROVIDE COMPETENT REPRESENTATION (which requires the legal knowledge, skill,
thoroughness and preparation reasonably needed for the representation)
- TO UPHOLD THE STANDARDS OF THE LEGAL PROFESSION
- IN ORDER TO BECOME A COMPETENT PRACTITIONER

II. SOURCES OF LEGAL RESEARCH

 Printed sources:
 Electronic sources (Computer databases) – changed the nature of legal research
and improved its effectiveness

III. SOURCES OF LAW

1. PRIMARY SOURCES
- Recorded rules and laws enforced by the state
LEGAL RESEARCH REVIEWER

BY: JICA GULA

- Authorized statements of law issued by governmental bodies

 SOURCES OF PRIMARY AUTHORITY

- Legislative branch:
 Congress – Senate & HOR
 Legislative enactments – Acts, Commonwealth Acts, Republic Acts, Batas
Pambanas (issued bu unicameral batasang Pambansa)
- Executive branch:
 Office of the president – presidential decrees ; treaties & international
agreements ; administrative agencies (orders, rules, memorandum orders) ;
Local government units (ordinances)
- Judiciary branch:
 Supreme court
 Rules of court – civil procedure ; special proceedings, small claims
cases
 Jurisprudence or case law – decisions and resolutions of the court

HIERARCHY OF LAWS:
1. 1987 CONSTITUTION
- supreme law of the land because it is made by the people for the people
2. STATUTES / TREATIES (OF EQUAL LEVEL)
*which will prevail in a conflict between statutes and treaties?
- it depends. We have what we call Generally Accepted International Laws which
gives
visiting foreign representatives of a country a blanket immunity to our jurisprudence

- in the eyes of International Law, treaties always prevail due to the Doctrine of
Pactus
Serganda - wherein no law of your country should prevail international laws; you
willingly submit or agreed in this treaty so you have to abide to it

* what to do when there is conflict between statutes?

- reconcile it first
- through Statutory construction tools:
1. General Law vs Specific Law
- specific laws always prevail
2. Later Law vs Previous Laws
- later laws always prevail; it is the latest expression of the law of the people

3. IMPLEMENTATION OF RULES & REGULATIONS / ORDINANCES

- crafted by the Executive department because they have the expertise
- laws passed by the local legislative bodies of the Philippines: LGUs
* provinces -- sanggunian panlalawigan
- members: board member
- local chief executive: Governor
* cities -- sanggunian panglungsod
- members: counselors
LEGAL RESEARCH REVIEWER

BY: JICA GULA

- local chief executive: Mayor

* municipalities -- sanggunian bayan
- members: counselors
- local chief executive: Mayor
* baranggay -- sangguniang baranggay
- members: kagawad
- local chief executive: barangay chairman
* Autonomous Regions -- The Regional Assembly
- members: assembly men

4. DECISIONS OF THE COURT / CASE LAWS / JURISPRUDENCE

- technically not a law, they are interpretation of the law BUT it is still considered as
a “law”
- lower part of the hierarchy because when they interpret, they must be faithful to
the laws they interpret

NOTE: SIGNIFICANCE OF HIERARCHY: THOSE THAT ARE UNDER THE CONSTITUTION CANNOT
GO AGAINST IT (or cannot go against what is above them)

2. SECONDARY SOURCES
- Commentaries (on the law)
 Law review articles
 Restatements of the law
 Legal encyclopedia
 Legal writings
- Academic journals – law reviews
- IBP journals and lawyers review

* HELP YOU UNDERSTAND WHAT THE LAW IS

* AUTHORS ARE CONSIDERED AS EXPERTS IN THEIR OWN FIELD ; HIGHLY QUALIFIED

* E.G. AMICUS CURAE - “FRIEND OF THE COURT” ; THE COURT CALLS FOR THEM TO HELP IN
ENLIGHTENING THEM ABOUT THE LAW AND HELP IN THEIR DECISIONS

NOTE:

- YOU DON’T GO TO SECONDARY MATERIALS IF YOU HAVE A PRIMARY SOURCE

- STICK WITH THE PRIMARY SOURCE

- YOU CAN ONLY CITE SOLELY A SECONDARY SOURCE IF THERE IS AN ABSENCE OF PRIMARY SOURCE

- BUT YOU CAN CITE BOTH PRIMARY AND SECONDARY TO EXPOUND MORE THE DISCUSSION

* TIPS TO STRENGTHEN YOUR ARGUMENTS / PLEADINGS:

- CITE CONSTITUTION FIRST -> THEN CITE STATUES -> THEN CITE JURISPRUDENCE
LEGAL RESEARCH REVIEWER

BY: JICA GULA

PRIMARY AUTHORITY SECONDARY AUTHORITY

Law itself Not the law ; but consists of authoritative
sources that interprets, analyze, or compile the
law
MAIN PURPOSE: EXPLAIN & LOCATE PRIMARY
AUTHORITIES

Descriptions / commentary on the law; aids in

explaining what the law is or should be

Leads to/ aid in locating primary authorities

Common research strategy:

Use secondary sources (law textbooks) to get a
general overview; then use the footnote
references to locate the cases, statutes, and
regulations needed.

Where courts rely on FIRST when resolving

legal issues
Generally MANDATORY – must be followed Can NEVER be mandatory
(stare decisis)
PERSUASIVE
Not always binding: Can be Persuasive – e.g
court decisions of other jurisprudence (US
Supreme Court decisions) – does not have to be
followed, but may be used as good examples of
reasoning

*note: would only be persuasive if the “other

jurisdiction” is operating under similar statutory
frameworks

MANDATORY PERSUASIVE
BINDING NOT BINDING
It must be followed Not bound to follow; optionally follow
important when mandatory authority does not
exist
Mandatory judicial authority

* doctrine of stare decisis

- encourages stability of the legal system and
provides mechanisms for individuals to predict
the outcome of their behavior

- HOWEVER, counterbalance by the need for

responsiveness to change
LEGAL RESEARCH REVIEWER

BY: JICA GULA

- system that places a high premium on

following established judicial precedents BUT
one that allows for change if it is necessary or
desirable

MANDATORY CASE LAWS

1. court decision must be on point
2. must be written by a higher court
THEREFORE, ONLY Supreme Court decisions are
mandatory

IV. LEGAL RESEARCH PROCESS

1. SYSTEMATIC APPROACH TO LEGAL RES

a. Identify and Analyze the Significant Facts
- Compiling a descriptive statement of legally significant facts
- a continuous process
T – Thing or subject matter
A – Cause of action or group of defense
R – relief sought
P – persons or parties involved
* TARP is used to analyze your facts

* interview the client & witnesses of the client to gather facts

* determine cause of action -gives you the right to file a case

* collate the facts which could lead to these elements

a. gravity – how heavy the issue is

b. antecedents – prove its existence

c. incurability – established through witnesses (medical specialist)

b. FORMULATE THE LEGAL ISSUES TO BE RESEARCHED

- GOAL: classify the problem into general, and increasingly specific, subject
areas – begin hypothesize legal issues
- issue will help you strategize your case
- there is an issue if there is contention (both parties do not agree with each
other)
- this leads to your arguments

 Consult general secondary sources for an overview of all relevant subject

areas
 To provide background info to help formulate issues
 Tools NOT the objects of research
 Arrange the statement of the issues into a logical pattern to easily
form an outline
LEGAL RESEARCH REVIEWER

BY: JICA GULA

c. RESEARCH THE ISSUES PRESENTED

 Organize and Plan – write down all sources to be researched (even
if the sources are repeated)
 Identify, read, and update all relevant constitutional provisions,
statutes and administrative regulations – which can be identified
through:
 Statutory compilations – table of contents & index
 Computer-assisted legal research – philjuris ; lex libris
 Secondary sources – commentaries and law review mats

 Identify, read, and update all relevant case law

 note its full citation, ponente, date of decision, relevant
facts, the holding, summary of the court’s reasoning, and
sources cited by the court
 Refine the search
 Expand your arguments

* doctrine of stare de cisis (Doctrine of Precedents)

- mandatory to the lower court that when the case is still pending in the
court and there is a similar case that has already been solved before the
Supreme Court decision should be followed by the lower courts

- does not apply to Supreme court – they can change their decision or
reverse doctrines if they want

d. UPDATE
 Consult PHILJURIS & LEX LIBIRIS on whether the authorities have
been interpreted or altered
 or whether NEW CASES, STATUTES / REGULATIONS have been
published (because law changes constantly)

V. OVERVIEW OF THE PHILIPPINE POLITICAL SYSTEM

1. PHILIPPINE CONSTITUTION
- SUPREME LAW OF THE LAND – standard to which the other acts of those in the
government have to adopt, adapt to, and obey
- Highest authoritativeness and obligation
- PURPOSE:
- TO PROVIDE A HIGHER LAW BY WHICH ALL OTHER LAWS, RULES &
GOVERNMENT ACTIONED MAY BE MEASURED AGAINST
 Establishes and defines the powers of the 3 branches of the govt (legislative,
executive, judiciary) - “the power the constitution grants, it also RESTRAINS” (to
protect the people from abuse of power)
 Defines the rights of the members of society
LEGAL RESEARCH REVIEWER

BY: JICA GULA

EVOLUTION OF PHIL CONSTI

a. Malolos Constitution (Convention) (1898)

- Following the declaration of independence from spain ; where there is a
transformation of the dictatorial government to a revolutionary govt.
- States that people have exclusive sovereignty
- Calls for presidential form of govt
b. 1935 Constitution (Commonwealth)
- Written to meet the approval of the US govt to ensure US would live up to its
promise to grand the Philippines independence
c. 1973 Constitution (Ferdinand Marcos)
- While in the process of drafting, Ferdinand Marcos declared martial law
- 1973 consti was abolished when Aquino presumed the presidency because what
happened was a revolution
- Ratified by the people because of the abuses of the marcos regime
- Diminishes its value as a constitution of the people

* freedom constitution

 Transition constitution; made to govern us while the 1987 was still being drafted
 They set aside first the 1973

d. 1987 Constitution
- Following the people power revolution
- Ratified and took effect on feb 11
- establishes the Philippines as a "democratic and republican State", where
"sovereignty resides in the people and all government authority emanates from
them"
- 18 articles
- most of the provisions are to protect basic human rights which were trampled
during the Marcos era
- a reaction to the abuses of the Marcos regime

3 MAIN PARTS OF A WRITTEN CONSTI

1. Constitution of Sovereignty
- Provisions pointing out the modes and procedure in accordance of which
formal changes in the constitution are made
- Power emanates from the people
2. Constitution of Liberty
- Prescriptions setting for the fundamental civil and political rights of the
people
- Found in Bill of Rights
* fundamental powers & inherent powers – can be abused and
trample the rights of the people
- that’s why the Bill of Rights was established to limit this
power OR put limitation to the powers of State
3. Constitution of Government
- Provisions that provide for the structure of the government
LEGAL RESEARCH REVIEWER

BY: JICA GULA

REQUISITES OF A GOOD WRITTEN CONSTITUTION

- BROAD – provide the basic and general outline of government and relations
between it and the people
- BRIEF – only provides the fundamentals ; leaving the details to be worked out by the
legislators
- DEFINITE – to ensure an orderly society free from much ambiguities and
uncertainties

CONSTITUTIONAL COMMISSIONS

 COMELEC
 Commission on Audit
 Civil Service Commission

2. PHILIPPINE STATE
- STATE – community of persons permanently occupying a definite portion of
territory, independent of external control, and possessing an organized government
to which the great body of inhabitants render habitual obedience.
- Phil has all the elements of a state: people, government, territory, and sovereignty
- Phil is a DEMOCRATIC (essence: individual sovereignty) and REPUBLICAN (run by the
people and for the people) state – sovereignty resides in the people (national
sovereignty)
DEMOCRATIC REPUBLICAN
DIRECT DEMOCRACY – citizens directly We also exercise INDIRECT
participate in the affairs of the DEMOCRACY – we elect our
government (initiative & referendum) representatives in the government and
they act on our behalf
Need for a higher authority to maintain
and ensure peace and order, advance
and protect their interests & promote
the general welfare

Fundamental powers of the PH state:

a. Police Powers of the PH state – power to regulate society and its inhabitants
through restrictions on life, liberty and property for the promotion of the
general welfare of the people
- in terms of restricting property, difference with eminent domain is there is
no need for just compensation
b. Power of Eminent Domain – enables the state to acquire private property, upon
payment of just compensation ; exercised when the owner refuses to sell
- Right of the sovereign power to appropriate any property within its
territorial sovereignty for public purpose
LEGAL RESEARCH REVIEWER

BY: JICA GULA

c. Power of Taxation – power of the state to demand from the people their
proportionate share or contribution in the maintenance of the govt ; simply the
power to collect taxes
- TAXATION – power of the State to impose a BURDEN upon a person,
property, or property rights for the use and support of the government
- THEORY behind it: without taxes, government cannot fulfill its mandate of
promoting the general welfare and well being of the people

3. PHILIPPINE NATIONAL TERRITORY

- Comprises the phil archipelago (islands & waters) and all territories which the phil
has sovereignty and jurisdiction
- Philippine laws apply on within the Philippine national territory
- (political law) Embassies of the PH are extensions of the Philippine national territory
- (application of criminal law) there are exemptions: eg. Article 2 RPC: provisions shall
be enforced not only within the PH Archipelago
a. Commit an offense while on PH ship/airship
b. forge/ counterfeit PH currency
- (civil law application) – family laws binding upon filipinos both LOCAL OR ABROAD
- (property law)
 Lex Rei Sitae – legal doctrine of property and international private law; law
where the property is situated ; it is which the transfer of title is dependent
 However, intestate and testamentary successors shall be regulated by the
national law of the person whose succession is under consideration, what
ever may be the nature of the property and regardless which country the
said property is found

4. PHILIPPINE GOVT.
Government – entity which exercises power and with appropriate authority to
enforce and command obedience from the people

SYSTEM OF GOVT OF THE PH:

PRESIDENTIAL GOVERNMENT PARLIAMENT GOVERNMENT

MAIN FEATURE: separation of powers
- Branches are co-equal
- PREVENT ABSOLUTE
POWER
- “absolute power corrupts
absolutely”
President is both the Head of State &
Head of Government
Fusion of the executive and legislative
department exercised by the parliament
Head of State – not necessarily the
president; it depends on the Constitution
of the State
Head of Government – Prime Minister
LEGAL RESEARCH REVIEWER

BY: JICA GULA

President is voted by the people People elects the members of the

Parliament;

The members would then choose among

themselves who would be the Prime
Minister

The Prime Minister will choose who will

be in his ministry (ministers)
Can be overthrown through impeachment Vote of “no confidence”
Only ground – lack of confidence

FORM OF GOVERNMENT IN THE PH:

UNITARY
top-to-bottom government since the
power comes from the top and trickles
down to the bottom (VERTICAL
RELATIONSHIP)
national government is the ultimate
governing body, local government units
cannot enact their own laws that could
duplicate services or undermine laws in
effect (NATIONAL HIGHER THAN LOCAL)
FEDERAL
divided into several smaller, self-governed
states or regions
states function almost like independent
countries, and may even have their own
set of state-specific laws

Uniformity among the different local and
provincial governments. All major laws
and policies are then implemented the
same regardless of the level of
government.
A federation citizen has greater freedom
of choosing and moving to a state that he
or she considers satisfactory. In a sense,
movement by citizens in-between states is
an act of “voting with their feet,” allowing
people to “compare different political
systems in the same country.”

Who can be impeached?

 President
 Vice President
 Members of the Supreme Court
 Ombudsman
 Members of Commission
 Commission on Audit
 Commission on Election
 Commission on Appointments

PURPOSE OF IMPEACHMENT – to remove from office NOT to put him in jail

VACANCY – not merely impeachment ; ONLY when convicted in an impeachment trial
LEGAL RESEARCH REVIEWER

BY: JICA GULA

EDSA 1 EDSA 2
REVOLUTION – people ousted their people NOT A REVOLUTION
Removal was extra-constitutional (outside the Intra-constitutional
means/grounds provided by the consti)
Political question – outside the powers of the Justiciable question – w/in the powers of the
SC SC
* in 1987 consti – they can now review political
questions if there is grave abuse of discretion
(special civil action of certiorari)

President was pressured to resign

Doctrine of Separation of Powers – what governs the relationship between the 3 branches

a. Legislative
 Power of the Purse – in charge of budget appropriation
 Power to MAKE, ALTER and REPEAL laws
Includes:
 Raising of revenues through Power of Taxation
 Appropriate public funds
 Power of expropriation (Power of Eminent domain)

STRUCTURE:

 17th congress
 BICAMERAL CONGRESS:
SENATE
24 senators
Can serve not more that 2
consecutive terms (6 yrs/
term)
QUALIFICATIONS:
- natural born Filipino
- registered voter
- resident of the PH for at
least 2 years before the
day of the election
- at least 35 years old
HOUSE OF
REPRESENTATIVES
238 representatives elected
by district + party list
representatives (constitutes
20% of the total #)
Elected to 3 year term
QUALIFICATIONS:
- natural born Filipino
- registered voter (in their
respective district)
- resident not less than 1 yr
- at least 25 years old

Process for a bill to become a law

 Bill is introduced by a member of a congress (filed with the secretary

general)
LEGAL RESEARCH REVIEWER

BY: JICA GULA

 1st reading – number a title is read; then the referral to the

appropriate committee for further study
 2nd reading – bill is read in its entirety; scrutinized and debated
 3rd reading – final check; members register their votes
 If it passed the 3 readings, bill is passed to the other house which
will again undergo 3 readings
 After going through 3 readings from both houses with favorable
votes, bill is submitted to the office of the Pres.
Note: conflict between 2 houses (eg. on provisions proposed): calls
upon a Bicameral Conference Committee to reconcile
 President has to approve in connection with the Principle of Checks
and Balances ; can veto – the house can either accept the veto or
override it with majority vote (2/3) ; lapsed into law – president
fails to act on it within 30 days it will automatically become a law
and takes effect 15 days after being publicized (contrary to pocket
veto – where the inaction of the president results to the disapproval
of the bill)
 WHY DOES THE PRESIDENT ALLOW INACTION?
o A form of strategy; common with controversial /
issues unpopular to the public
o To avoid diminishing his popularity
 If approved by the president, it then becomes a law

 LINE ITEM VETO IS NOT ALLOWED

- GENERAL RULE: The President cannot veto partially
- EXCEPTIONS: bill on General Appropriations Act

 THE CONGRESS CAN’T DISREGARD THE 3 READINGS REQUIREMENT

- In times of emergency, the 3 readings can be held in one day instead of
separate days

 Legislative power is GENERALLY exclusive to the Legislative branch but under the
Constitution, the power is as well given to the people where they can choose to
exercise through INITIATIVE and REFERENDUM
- People can directly propose and enact laws OR approve & reject any act or
law
- Requires a petition signed by at least 10% of the total number of registered
voters
- Every legislative district must be represented by at least 3% of registered
voters

Initiative – from the people themselves ; power of the people to propose

amendments to the Constitution OR propose and enact legislations through
elections

 not subject to the congress’ approval, since it defeats the purpose

of the Legislative Power being granted to the people by the
Constitution
LEGAL RESEARCH REVIEWER

BY: JICA GULA

Referendum – from the congress to the people ; power to approve / reject a

legislation

 Political Dynasty – Constitution provides the prohibition of political dynasty

(Article 2 Section 26) However, it states in the end “as may be defined by law”
(no enabling law) ; it then is subject to the legislation ; However, considering
that most of our legislators are from political dynasties; such law will not prevail
for it will be prejudicial to them
 “equal opportunity” and “prevent political dynasty” is
contradicting; ambiguity in law

 Tax bill is assigned to the HOR

- Considering how increase in tax is a burden to the people, it is only
appropriate to assign it to the HOR for they are closer to the people in their
respective districts; they know what the people needs (nature of the bill)

 PARTY LIST – represents the marginalized and minority (underrepresented)

- Political party lists are allowed to run as long as it’s a secular group –
represents the minority

Power exclusively given to the Senate (not to the HOR)

- CONCURRENCE OF TREATIES
 2/3 votes then it becomes binding to the PH

* the President ratifies it then passed it on to the Senate for concurrence

*Can the President be forced if he refuses to submit the treaties to the Senate
for their concurrence? (forced through Mandamus)

- NO. According to the SC, mandamus would not lie because treaties are subject
to discretion of the PH President as being in charge of International Relations in
our country

- Mandamus would only lie if the issue involves ministerial cases (ministerial –
you don’t have the discretion but to accept it)

b. Executive
 Power of the Sword
 Executive Power – power to enforce and administer laws
- solely vested to the President
 BOTH HEAD OF STATE (only symbolic; ceremonial powers; e.g queen
elizabeth) AND HEAD OF GOVERNMENT (who runs the govt)
 Commander in Chief of the Armed Forces of the PH
 Qualifications of a president:

 natural born Filipino

jus sanguinis jus soli
Person acquires citizenship of Citizenship based on place of
parents birth
LEGAL RESEARCH REVIEWER

BY: JICA GULA

Considered as Filipino as long

as one parent is a Filipino

 a registered voter;
 must be able to read and write;
 40 years of age at the day of the election; and
 must have resided in the Philippines ten years before the election is
held.

 Cabinet Members’ powers come from the President

- Doctrine of Alter Ego

* Exceptions:
1. Unless otherwise disapproved by the President
2. The Constitution requires the President to act in person
SUCCESSION:
 Death
 Permanent disability
 Removal from office
o Not merely impeached
o Vacancy when the President is already convicted in
the impeachment trial
o PURPOSE OF IMPEACHMENT – to remove from office
NOT to put him in jail
 Resignation (constructive resignation – implied / involuntary
resignation)
 If majority of the Cabinet Members writes a letter to both
Speaker of the House and Senate President that the President
is no longer fit for the position

* if both the President & Vice President dies:

- Senate President ACTS as the president
- If Senate President is not capable, then the Speaker of the House shall
act as President until a President & Vice President shall have been
chosen/elected by the people

 Powers
 Power of control over executive branch - all the executive
departments, bureaus, and offices.
 Ordinance power - power to give executive issuances, which are
means to streamline the policy and programs of an administration. 6
issuances:
 Executive orders
 Administrative orders
 Proclamations
 Memorandum orders
 Memorandum circulars
 General / special orders
LEGAL RESEARCH REVIEWER

BY: JICA GULA

 Power over aliens – over non-filipinos in the PH

 Powers of eminent domain - state has the power to seize or
authorize the seizure of private property for public use with just
compensation
 Power to reserve lands of the public and private domain of the
government
 Power over ill-gotten wealth
 Power of appointment
 Power of general supervision over local governments

PRESIDENTIAL IMMUNITY OF SUIT

- State immunity extends to the President for being a symbol / head of the state
- It is not explicitly in the Constitution
* it was under the 1973 Consti, but was removed in the 1973
- BASIS:
- Nature of the job of the President
 To assure the exercise of presidential duties and functions free from
any hindrance ; undivided attention
- Enjoys immunity of suit during his TENURE (number of days/months/years actually
in office) NOT term (what the law provides – 6yrs)
- When he is out of office you can already sue him EXCEPT in cases relating to his
function as the president
- EXCEPTION OF PRESIDENTIAL IMMUNITY:
 If he WAIVES his immunity
 (the state cannot be sued without its consent)

* CONSENT

 express – only congress can waive the immunity of the State through a
LAW

 Implied  contract
 jure imperii – governmental / for public use ;
NO WAIVER
 jure gestionis – proprietary ; you have descended
to
the level of a private individual ;
THERE IS WAIVER
 president sues

* if the state/president commences a suit there is a

waiver of immunity – YOU EXPOSE YOURSELF TO
COUNTERSUIT

- because denying the other party to countersue

would be tantamount to violation of due process for
it denies the other party of his defense which may
be expressed in the countersue
LEGAL RESEARCH REVIEWER

BY: JICA GULA

PAPER: CLOSET JUSTICE

 General rule: MUST HAVE A WARRANT

- To protect one’s privacy and to avoid abuse of power on the part of the
Government

EXCEPTIONS:

- Incidental to the lawful arrest

 arrest should come before the search
 searching first would be fishing/harassment
 PURPOSE:
 Protection of the arresting officers (search for weapon)
 To prevent the destruction of evidence
 Only allowed to search the person himself and nearby premise
- Plain view doctrine
- Exigency
- Moving vehicles
- Consented search
- Custom search
- Airport search

 SAFEGUARD – Article 3 Section 2:

Pieces of evidence obtained will be inadmissible as evidence
EXCLUSIONARY RULE

 CONSTITUTION – purpose is to filter or limit the power of the state to protect the people
from possible abuses in exercising these powers (PP, ED, PT)
* absolute power corrupts absolutely