CONSTTUTONAL LAW

ARTCLE THE NATONAL TERRTORY

The national territory of the Philippines comprises:

1. The Philippine archipelago
2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines
has sovereignty or jurisdiction
4. Consisting of its
a. Terrestrial
b. Fluvial; and
CODE: TFA
c. Aerial domains
5. ncluding its
a. Territorial sea
b. The seabed
c. The subsoil
CODE: TSSIO
d. The insular shelves; and
e. The other submarine areas
6. The waters
a. Around
b. Between and
c. Connecting
d. The islands of the archipelago
CODE: ABCI
Regardless of their breadth and dimensions
Form part of the NTERNAL WATERS of the
Philippines
Definition of ArchipeIago

An archipelago is a body of water studded with islands. The
Philippine archipelago is that body of water studded with islands
which is delineated in the Treaty of Paris (1898), as amended by
the Treaty of Washington (1900) and the Treaty of Great Britain
(1930).

Definition of "all other territories over which the
Philippines has sovereignty or jurisdiction

t includes any territory that presently belongs or might in the
future belong to the Philippines through any of the internationally
accepted modes of acquiring territory.
ArchipeIagic principIe

Two elements:
1. The definition of internal waters (as provided
above);
2. The straight baseline method of delineating the
territorial sea consists of drawing straight lines
connecting appropriate points on the coast without
departing to any appreciable extent from the general
direction of the coast.
Important distances with respect to the waters around the
PhiIippines

1. Territorial sea - 12 nautical miles (n.m.)
2. Contiguous zone - 12 n.m. from the edge of
the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline
[includes (1) and (2)]

ARTICLE II DECLARATION OF PRINCIPLES AND STATE
POLICIES

Selected principles

SEC 1. The PhiIippines is a democratic and repubIican State.
Sovereignty resides in the peopIe and aII government authority
emanates from them.

EIements of a State (for municipaI Iaw purposes)
CODE: PTSG

1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory
(TERRTORY)
3. ndependent of external control (SOVEREGNTY)
4. Possessing an organized government to which the great body
of inhabitants render habitual obedience (GOVERNMENT)
Definition of 'People"
CODE: CNCH

1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the
community; and
4. Held together by a common bond of law.
Definition of 'Sovereignty"

1. LEGAL sovereignty
a. The supreme power to make law.
b. t is lodged in the people.

2. POLTCAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.

3. According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to
which it has the exclusive capacity of legal self-determination
and self-restriction.
Definition of 'Government"

1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by
those who possess the power or authority of prescribing them.
Classification of governments

1. De jure - one established by the authority of the
legitimate sovereign
2. De facto - one established in defiance of the legitimate
sovereign
Classification of de facto governments

1. De facto proper
a. That government that gets possession and control
of
b. or usurps by force or by the voice of majority
c. the rightful legal government
d. and maintains itself against the will of the latter.

2. Government of paramount force
a. That which is established and maintained by military
forces
b. who invade and occupy a territory of the enemy
c. in the course of war.

3. That established as an independent government by the
inhabitants of a country who rise in insurrection against the
parent state.
Definition of 'Republican State"

t is one wherein all government authority emanates from the
people and is exercised by representatives chosen by the people.
Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of
direct democracy such as initiative and referendum.

SEC. 2. The PhiIippines renounces war as an instrument of
nationaI poIicy, adopts the generaIIy accepted principIes of
internationaI Iaw as part of the Iaw of the Iand and adheres to
the poIicy of peace, equaIity, justice, freedom, cooperation,
and amity with aII nations.
ind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an
instrument of national policy. t does not renounce defensive war.

Some "generaIIy accepted principIes of internationaI Iaw"
recognized by the Court:

1. Right of an alien to be released on bail while awaiting
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 (Agustin
v. Edu, 88 SCRA 195)
mity with all nations

This does not mean automatic diplomatic recognition of all nations.
Diplomatic recognition remains a matter of executive discretion.


SEC 3. CiviIian authority is, at aII times, supreme over the
miIitary. The Armed Forces of the PhiIippines is the protector
of the peopIe and the State. Its goaI is to secure the
sovereignty of the State and the integrity of the nationaI
territory.

CiviIian authority/supremacy cIause (1
st
sentence)

1. Civilian authority simply means the supremacy of the law
because authority, under our constitutional system, can only
come from law.
2. Under this clause, the soldier renounces political ambition.

ark of sovereignty (2
nd
and 3
rd
sentences)

1. Positively, this clause singles out the military as the guardian
of the people and of the integrity of the national territory and
therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military
abuses.


SEC 4. The prime duty of the Government is to serve and
protect the peopIe. The Government may caII upon the peopIe
to defend the State and, in the fuIfiIIment thereof, aII citizens
may be required, under conditions provided by Iaw, to render
personaI, miIitary, or civiI service.

SEC. 5. The maintenance of peace and order, the protection of
Iife, Iiberty and property, and the promotion of the generaI
weIfare are essentiaI for the enjoyment by aII the peopIe of the
bIessings of democracy.

SEC. 6. The separation of Church and State shaII be invioIabIe.

Selected state policies

SEC. 7. The State shaII pursue an independent foreign poIicy.
In its reIations with other states, the paramount consideration
shaII be nationaI sovereignty, territoriaI integrity, nationaI
interest, and the right to seIf-determination.

SEC. 8. The PhiIippines, consistent with the nationaI interest,
adopts and pursues a poIicy of freedom from nucIear weapons
in its territory.

Policy of freedom from nuclear weapons

1. The policy PROHBTS:
a. The possession, control and manufacture of nuclear
weapons
b. Nuclear arms tests.

2. The policy does NOT prohibit the peaceful uses of nuclear
energy.

SEC. 12. The State recognizes the sanctity of famiIy Iife and
shaII protect and strengthen the famiIy as a basic autonomous
sociaI institution. It shaII equaIIy protect the Iife of the mother
and the Iife of the unborn from conception. etc.

Principle that the family is not a creature of the state.

Protection for the unborn

1. t is not an assertion that the unborn is a legal
person.
2. t 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.
3. Under this provision, the Roe v. Wade doctrine
allowing abortion up to the 6
th
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 shaII protect and advance the right of the
peopIe to a baIanced and heaIthfuI ecoIogy in accord with the
rhythm and harmony of nature.

1. While the right to a balanced and healthful ecology
is found under the declaration of Principle and
State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of
the civil and political rights enumerated in the latter.
(Oposa v. Factoran)
2. The right to a balanced and healthful ecology
carries with it the correlative duty to refrain from
impairing the environment. (Oposa v. Factoran)

SEC. 26. The State shaII guarantee equaI access to
opportunities for pubIic service, and prohibit poIiticaI
dynasties as may be defined by Iaw.

SEC. 27. The State shaII maintain honesty and integrity in the
pubIic service and take positive and effective measures
against graft and corruption.

SEC. 28. Subject to reasonabIe conditions prescribed by Iaw,
the State adopts and impIements a poIicy of fuII pubIic
discIosure of aII its transactions invoIving pubIic interest.

RTICLE III - BILL OF RIGHTS

Section 1. No person shaII be deprived of Iife, Iiberty or
property without due process of Iaw, nor shaII any person be
denied the equaI protection of the Iaws.

Definition of "PoIice Power":

1) Power vested in the legislature
2) By the Constitution
3) To make, ordain, and establish
4) All manner of wholesome and reasonable laws, statutes, and
ordinances
5) Either with penalties or without
6) Not repugnant to the constitution
7) 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":

1. Procedural due process refers to the mode of procedure
which government agencies must follow in the enforcement
and application of laws.
2. Substantive due process prohibition against arbitrary laws.

Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
2. Due process of law contemplates notice and opportunity to be
heard before judgment is rendered affecting one's person or
property (Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it varies with the
subject matter and the necessities of the situation.
#equisites of P#OCEDU#AL due process:

For JUDCAL proceedings: CODE: C J N O H

1. A court or tribunal clothed with judicial power to
hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the
person of the defendant or over the property
which is the subject of the proceedings.
3. The defendant must be given notice and an
opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.

For ADMINISTRATIVE proceedings: CODE: H E D S H I P

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 have something to support
itself.
4. Evidence supporting the conclusion must be
substantial.
5. 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.
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 reasons for the
decision rendered.

Note:
1. What is required is not actual hearing, but a real
opportunity to be heard.
2. The requirement of due process can be satisfied by
subsequent due hearing.
3. Violation of due process: when same person
reviews his own decision on appeal.
4. 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

1. The student must be informed in writing of the
nature and cause of any accusation against
them.
2. The student shall have the right to answer the
charges against him, with the assistance of
counsel if desired.
3. The student has the right to be informed of the
evidence against him.
4. The student has the right to adduce evidence in
his own behalf.
5. The evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the
case.
6. The penalty imposed must be proportionate to
the offense.

Note:
1. The school has a contractual obligation to afford its
students a fair opportunity to complete the course a
student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be
summary; cross-examination is not essential

Instances when hearings are NOT necessary:
1. When administrative agencies are
exercising their 6uasi-legislative functions.
2. Abatement of nuisance per se.
3. Granting by courts of provisional
remedies.
4. Cases of preventive suspension.
5. Removal of temporary employees in the
government service.
6. ssuance of warrants of distraint and/or
levy by the BIR Commissioner.
7. Cancellation of the passport of a person
charged with a crime.
8. ssuance of se6uestration orders
(considered a provisional remedy).
9. Judicial order which prevents an accused
from travelling abroad in order to maintain
the effectivity of the court's jurisdiction.
10. Suspension of a bank's operations by the
Monetary Board upon a prima facie
finding of liquidity problems in such bank.
Note:
1. 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.
2. The right to appeal is a statutory priviIege that may
be exercised only in the manner in accordance with
law.

Re6uisites of SUBSTANTIVE due process: CODE: I M

1. The INTERESTS of the public generally, as
distinguished from those of a particular class,
requires the interference by the government and
2. The MEANS employed are necessary for the
accomplishment of the purpose and not unduly
oppressive upon individuals.

Requirements of a valid ordinance:

1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
When is a law VAGUE?

1. When it lacks COMPREHENSBLE STANDARDS
2. That men of ordinary intelligence must necessarily
GUESS as to its meaning
3. And differ as to its application

EquaI Protection of the Iaw

The equality that it guarantees is legal equality or the equality of all
persons before the law. t does not demand absolute equality. t
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 cIassification must: CODE: SGEE

1. Rest on SUBSTANTAL DSTNCTONS
2. Be GERMANE to the purposes of the law
3. NOT LMTED TO EXSTNG CONDTONS only
4. APPLY EQUALLY to all members of the SAME
CLASS.

Section 2. The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of
whatever nature and for any purpose shall be
inviolable, and no search warrant 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 unreasonabIe
UNLESS authorized by a vaIidIy issued
search warrant or warrant of arrest

Re6uisites for a valid warrant: CODE: P J E D

1. t must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined
personally by the JUDGE.
3. The judge must EXAMNE UNDER OATH the
complainant and the witnesses he may produce.
4. The warrant must PARTCULARLY DESCRBE the
place to be searched and person or things to be
seized.

Definition of "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 "DETERMNED PERSONALLY BY
THE JUDGE

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 (Soliven v. Makasiar,
167 SCRA 394).

To be sure, the Judge must go beyond the prosecutor's certification
and investigation report whenever necessary (Lim v. Felix).

Procedure:
1. The judge personally evaluates the report and supporting
documents submitted by the fiscal regarding the existence of
probable cause and, on the basis thereof, issue a warrant of
arrest or
2. f on the basis thereof, the judge finds no probable cause, he
may disregard the fiscal'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 "UNDE# OATH O# AFFI#ATION OF THE
COPLAINANT AND WITNESSES"

1. 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 (Alvarez v. CF, 64 Phil. 33).
2. 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 be held liable for the damages caused (Alvarez v. CF).

PA#TICULA#ITY OF DESC#IPTION (SEA#CH WA##ANT)

1. A search warrant may be said to particularly describe the
things to be seized when the description therein is as
specific as the circumstances wiII ordinariIy aIIow or
2. When the description expresses a concIusion of fact not
of law by which the warrant officer may be guided in making
the search and seizure or
3. When the things described are Iimited to those which
bear a direct reIation to the offense for which the warrant is
being issued (Bache and Co. v. Ruiz, 37 SCRA 823).

JOHN DOE WARRANT

A "John Doe warrant can satisfy the requirement of particularity of
description if it contains a descriptio 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. t contravenes the explicit demand of the
Bill of Rights that the things to be seized be particularly described.

VALD WARRANTLESS SEARCH

1. 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
reach of the person arrested

2. 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.

3. 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

4. Seizure of evidence in plain view

A. To be a valid warrantless search, the articles must
be open to the eye and hand.
B. The peace officer comes upon them inadvertently.

5. 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.

Note:
1. Checkpoints: 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 (Valmonte V. De
Villa)
2. Carroll rule: warrantless search of a vehicle that can
be quickly moved out of the locality or jurisdiction
3. The 1987 Constitution has returned to the 1935 rule
that warrants may be issued only by judges, but the
Commissioner of mmigration may order the arrest
of an alien in order to carry out a FNAL deportation
order.
VALID WARRANTLESS ARRESTS

1. 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.

2. When an offense has in fact just been committed and the
arresting officer has personal knowledge of facts indicating
that the person to be arrested has committed it.

3. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case is
pending, or has escaped while being transferred from one
confinement to another.

4. 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.

5. 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.

6. 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.

Section 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 vioIation of this or the
preceding section shaII be inadmissibIe for any purpose in any
proceedings.

R.A. 4200 (Anti-Wiretapping Act)

1. 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 (Ramirez v.
Ca)

2. 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.
(Gaanan v. AC, 145 SCRA 112)

Types of communication protected:

Letters, messages, telephone calls, telegrams and the like.

ExcIusionary ruIe:
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. (People v. Martin)


Section 4. No Iaw shaII be passed abridging the freedom of
speech, of expression, or of the press, or of the right of the
peopIe peaceabIy to assembIe 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. t 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

1. Prohibition against PROR RESTRANT

2. Prohibition against SUBSEQUENT PUNSHMENT

Prohibition against prior restraint

1. Prior restraint means official governmental restrictions on the
press or other forms of expression in advance of actual
publication or dissemination.

2. 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

a. During a war. Ex. Government can prevent publication about
the number/locations of its troops (Near v. Minnesota, 238 US
697)
b. Obscene publications.

Standards for allowable subsequent punishment

TEST
CRTERON
1. Dangerous Tendency Test There should be a RATONAL
CONNECTON between the speech and the evil
apprehended.

2. Clear and Present Danger Test There should be a clear
and present danger that the words
when used under such
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.

3. Balancing of nterests Test The courts should
BALANCE the PUBLC NTEREST
served by legislation on one hand
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.

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.

CommerciaI Speech

1. A communication which no more than proposes a commercial
transaction.

2. To enjoy protection:
a. t must not be false or misleading; and
b. t should not propose an illegal transaction.

3. Even truthful and lawful commercial speech may be regulated
if:
a. Government has a substantial interest to protect;
b. The regulation directly advances that interest; and
c. t 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

A. FAIR COMMENT (U.S. Rule). These are statements of
OPNON, 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.

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

B. Procedure for seizure of allegedly obscene publications
i. Authorities must apply for issuance of search
warrant.
ii. Court must be convinced that the materials are
obscene. Apply clear and present danger test.
iii. Judge will determine whether they are in fact
"obscene.
iv. Judge will issue a search warrant.
v. Proper action should be filed under Art. 201 of
the RPC.
vi. 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:

i. Applicant should inform the licensing authority
of the date, the public place where and the
time when the assembly will take place.

ii. 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.

iii. f 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.

iv. 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.


Section 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.

CIauses under Section 5

1. Non-establishment clause
2. Free exercise of Religion

Distinction between the cIauses (School District v. Schempp,
374 US 203)

1. The non-estabIishment cIause does not depend upon any
showing of direct governmental compulsion. t 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 non-
establishment clause can be stated as follows: What are the
purposes and primary effect of the enactment? f 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.
First, it has a secular legislative purpose. Second, its primary
effect neither advances nor inhibits religion.

2. The free exercise of reIigion cIause withdraws from
legislative power the exertion of any restraint on the free
exercise of religion. n 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.

#equisites for government aid to be aIIowabIe:

1. t must have a secular legislative purpose;
2. t must have a primary effect that neither advances nor inhibits
religion;
3. t must not require excessive entanglement with recipient
institutions.

Section 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.

#ights 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:

RGHT
MANNER OF CURTALMENT
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.

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)

Section 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.

#ecognized restrictions on the right of the peopIe to
information:

1. National security matters
2. ntelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations

Section 8. The right of the peopIe, incIuding those empIoyed
in the pubIic and private sectors, to form unions, associations,
or societies for purposes not contrary to Iaw, shaII 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. t is also
an aspect of the freedom of contract. n 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.

Section 9. Private property shaII not be taken for pubIic use
without just compensation.

Who can exercise the power of eminent domain:

1) The national government
a. Congress
b. Executive, pursuant to legislation enacted by
Congress
2) Local government units, pursuant to an ordinance enacted by
their respective legislative bodies (under LGC)
3) Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domain necessary?

t 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

1) There is a TAKNG of private property
2) Taking is for PUBLC USE
3) Payment of JUST COMPENSATON

TING

A. EIements: CODE: E P A P O

1. The expropriator enters the property
2. The entrance must not be for a momentary period,
i.e., it must be permanent
3. Entry is made under warrant or color of legal
authority
4. Property is devoted to public use
5. 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

1. Public use, for purposes of expropriation, is
synonymous with public welfare as the latter term is
used in the concept of police power.

2. Examples of public use include land reform and
socialized housing.

UST COMPENSTION

1. 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.
2. The point of reference use in determining fair value
is the value at the time the property was taken.
Thus, future potential use of the land is not
considered in computing just compensation.

JudiciaI review of the exercise of the power of
eminent domain

1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. 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 municipaI 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 a 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.

Point of reference for vaIuating 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.

Section 10. No Iaw impairing the obIigation of contracts shaII
be passed.

When does a Iaw impair the obIigation of contracts:

1) f it changes the terms and conditions of a legal contract either
as to the time or mode of performance
2) f it imposes new conditions or dispenses with those
expressed
3) f it authorizes for its satisfaction something different from that
provided in its terms.

A mere change in PROCEDURAL REMEDES 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.

Section 12. #ights of person under investigation for the
commission of an offense.

#ights of person under investigation for the Commission of an
offense CODE: SCISI

1) Right to remain silent
2) Right to have competent and independent counsel, preferably
of his own choice
3) Right to 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 avaiIabIe:

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 the investigation is being conducted by the government
(police, DOJ, NB) with respect to a criminal offense.
4) Signing of arrest reports and booking sheets.

When rights are not avaiIabIe:

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

1) Any confession or admission obtained in violation of this
section shall be inadmissible in evidence against him (the
accused).
2) Therefore, any evidence obtained by virtue of an illegally
obtained confession is also inadmissible, being the fruit of a
poisoned tree.

#equisites of vaIid waiver:

1) Waiver should be made in WRTNG
2) Waiver should be made in the PRESENCE OF COUNSEL.
Section 13. #ight to baiI

Who are entitIed to baiI:

1) All persons ACTUALLY DETANED
2) shall, BEFORE CONVCTON
3) Be entitled to bail.

Who are not entitIed to baiI:

1) Persons charged with offenses PUNSHABLE by
RECLUSON PERPETUA or DEATH, when evidence of guilt
is strong
2) Persons CONVCTED 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 reIation to baiI.

1) The right to bail shall NOT be impaired even when the
privilege of the writ of habeas corpus is suspended.
2) Excessive bail shall not be required.

Factors considered in setting the amount of baiI:

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) f accused is under bond in other cases



ImpIicit Iimitations on the right to baiI:

1. The person claiming the right must be in actual detention or
custody of the law.
2. The constitutional right is available only in criminal cases, not,
e.g. in deportation proceedings.

Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through
recognizance.


Section 14. Rights of an accused

Rights of a person charged with a criminal offense

1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation
against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. 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 HEAR BY HIMSELF AND COUNSEL"

The right to be heard incIudes the foIIowing rights:

1. Right to be present at the trial

A. The right to be present covers the period from
ARRAGNMENT to PROMULGATON of sentence.

B. After arraignment, trial may proceed
notwithstanding absence of accused, provided 2
requisites are met. Note, that trial in absentia is
allowed only if the accused has been validly
arraigned.

(i) Accused has been duly notified; and
(ii) His failure to appear is unjustifiable.

C. 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. EXCEPTON:
f 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.

D. While the accused is entitled to be present during
promulgation of judgement, the absence of his
counsel during such promulgation does not affect
its validity.

2. #ight to counseI

(a) Right to counsel means the right to EFFECTVE
REPRESENTATON.
(b) f the accused appears at arraignment without
counsel, the judge must:
(i) nform the accused that he has a right to a
counsel before arraignment
(ii) Ask the accused if he desires the aid of
counsel
(iii) f the accused desires counsel, but cannot
afford one, a counsel de oficio must be
appointed
(iv) f the accused desires to obtain his own
counsel, the court must give him a
reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of
witnesses


'RIGHT TO BE INFORMED OF THE NTURE ND CUSE OF
CCUSTION GINST HIM"

Purposes of the right:

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

f 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. t 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

1) Time expired from the filing of the information
2) Length of delay involved
3) Reasons for the delay
4) Assertion or non-assertion of the right by the accused
5) Prejudice caused to the defendant.

Effect of dismissaI based on the ground of vioIation of the
accused's right to speedy triaI

f 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

He can move for the dismissal of the case.
f 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.
t 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.


"RGHT TO MEET WTNESS FACE TO FACE

Purposes of the right:

1. To afford the accused an opportunity to cross-examine the
witness
2. To allow the judge the opportunity to observe the deportment
of the witness

Failure of the accused to cross-examine a witness

f 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

t 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


Section 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 JUDCAL, QUAS-JUDCAL or ADMNSTRATVE
proceedings.


Section 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

1. An accused can refuse to take the witness stand by invoking
the right against self-incrimination.
2. 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

1. What is PROHBTED 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.
2. The right does NOT PROHBT 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.
3. 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. n criminal cases
2. n administrative proceedings if the accused is liable to a
penalty (Ex. Forfeiture of property)

Who can invoke the right:

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.


Section 18. Right against involuntary servitude

Definition of involuntary servitude

t 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. Return to work order issued by the DOLE Secretary or the
President


Section 19. Prohibition against cruel, degrading and inhuman
punishment

When is a penalty "cruel, degrading and inhuman"?

1. A penalty is cruel and inhuman if it involves torture or lingering
suffering. Ex. Being drawn and quartered.
2. 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. t must not be applied arbitrarily.
3. t must not be unacceptable to contemporary society
4. t must not be excessive, i.e. it must serve a penal purpose
more effectively than a less severe punishment would.

Excessive fine

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.
Reason: Without a valid penalty, the law is not a penal law.

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

Definition of debt under Section 20

1) 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.

2) 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.

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

A. The fraudulent debt constitutes a crime such as
estafa and
B. The accused has been duly convicted.


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

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 as that in
the first.

When does jeopardy ATTACH: (1
st
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) f information does not charge any offense
2) f, 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.
3) f the information for an offense cognizable by the RTC is filed
with the MTC.
4) f a complaint filed for preliminary investigation is dismissed.

When does first jeopardy TE#INATE: (2
ND
#EQUISITE)

1) Acquittal
2) Conviction
3) Dismissal W/O the EXPRESS consent of the accused
4) Dismissal on the merits.


ExampIes 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 P#OSECUTION appeaI from an order of
dismissaI:

1) f dismissal is on motion of the accused. Exception: f motion
is based on violation of the right to a speedy trial or on a
demurrer to evidence.
2) f dismissal does NOT amount to an acquittal or dismissal on
the merits
3) f the question to be passed upon is purely legal.
4) f the dismissal violates the right of due process of the
prosecution.
5) f the dismissal was made with grave abuse of discretion.
What are considered to be the "SAE OFFENSE": (under the
1
st
sentence of Section 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 doubIe jeopardy (2
nd
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

1) 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 fiscal and the offended
party.

2) 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 appeaI by the accused:

f the accused appeals his conviction, he WAVES 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.
Section 22. No ex post facto law or bill of
attainder shall be enacted.

Definition of ex-post facto Iaw.


1) One which makes an action done before the passing of the
law, and which was innocent when done, criminal, and
punishes such action.
2) One which aggravates the crime or makes it greater than
when it was committed.
3) One which changes the punishment and inflicts a greater
punishment than that which the law annexed to the crime
when it was committed.
4) 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.
5) 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.
6) 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.

Definition of BILL OF ATTAINDER

1) A bill of attainder is a LEGSLATVE act which inflicts
punishment W/O JUDCAL trial.

2) The bill of attainder does not need to be directed at a
specifically named person. t may also refer to easily
ascertainable members of a group in such a way as to inflict
punishment on them without judicial trial.

3) Elements of the bill of attainder

A. There must be a LAW.
B. The law imposes a PENAL burden on a NAMED
NVDDUAL/EASLY ASCERTANABLE
MEMBERS of a GROUP.
C. The penal burden is imposed DRECTLY by the
LAW W/O JUDCAL trial.


ARTCLE V CTZENSHP

Who are citizens of the PhiIippines?

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.

odes 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)

EIection 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. n 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 the eIection be made:

The election must be made within a reasonable period after
reaching the age of majority.

Effects of naturaIization:

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.

NaturaI-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. V, Sec. 1(3)
of 1987 Constitution.

arriage of FiIipino with an aIien:

1) General Rule: The Filipino RETANS Philippine citizenship
2) Exception: f, by their act or omission they are deemed, under
the law, to have renounced it.

ExampIes of renunciation of PhiIippine citizenship:

1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a
naturalized citizen of another country)

Re-ac6uisition 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.

How may one Iose citizenship:

1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. 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

ARTCLE V SUFFRAGE

"ualifications: CODE:
CD18RR

1) Citizen of the Philippines
2) Not Disqualified by law
3) At least 18 years old
4) #esident of the Philippines for at least 1 year


5) #esident 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.
2. TEMPORARY RESDENCE This is in reference to the 6
month residency requirement in the place where one wants to vote.
n this case, residence can either mean domicile or temporary
residence.

DisquaIifications:

1) Any person sentenced by final judgment to imprisonment of
not less than 1 year, which disability has not been removed by
plenary pardon.
2) Any person adjudged by final judgment of having violated his
allegiance to the Republic of the Philippines.
3) nsane or feeble-minded persons.

Note Under the 2
nd
disqualification, the right to vote is automatically
re-acquired upon the expiration of 5 years after the service of
sentence.

ARTCLE V THE LEGSLATVE DEPARTMENT

SEC. 1. The IegisIative power shaII be vested in the Congress
of the PhiIippines, which shaII consist of a Senate and a House
of #epresentatives, except to the extent reserved to the peopIe
by the provision on initiative and referendum.

Definition of LegisIative Power:

The authority to make laws and to alter or repeal them.

CIassification of IegisIative power: (O De CO)

1. Original Possessed by the people in their sovereign capacity
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

Note:
The original legislative power of the people is exercised via initiative
and referendum. n this manner, people can directly propose and
enact laws, or approve or reject any act or law passed by Congress
or a local government unit.

Limits on the IegisIative 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.

Note:
Provided that these two limitations are not exceeded,
Congress' legislative power is plenary.

CoroIIaries of IegisIative power:

1. Congress cannot pass irrepealable laws. Since Congress'
powers are plenary, and limited only by the Constitution, any
attempt to limit the powers of future Congresses via an
irrepealable law is not allowed.

2. Congress, as a general rule, cannot delegate its legislative
power. Since the people have already delegated legislative
power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:

1. Delegation of legislative power to local government units;
2. nstances when the Constitution itself allows for such
delegation [see Art. V Sec. 23(2)]

What may Congress deIegate:

Congress can only delegate, usually to administrative agencies,
RULE-MAKNG POWER or LAW EXECUTON. 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

Composition

24 senators who shall be elected at large by the qualified voters of
the Philippines, as may be provided by law.

Qualifications

1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding
the day of the election.

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.

Term of Office:

6 years, commencing (unless otherwise provided by law) at noon,
30 June next following their election.

Term Limitations:

1. No Senator shall serve for more than 2 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.
Sections 5-7. HOUSE OF REPRESENTATVES
Composition:

1. Not more than 25 members, unless otherwise fixed by law;
and
2. Party-list Representatives
Election of 250 members

1. They shall be elected from legislative districts apportioned
among the provinces, cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the
number of inhabitants of each area and on the basis of a
uniform and progressive ratio.

a. Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory;
b. Each city with at least 250,000 inhabitants will be
entitled to at least one representative.
c. Each province will have at least one representative.
d. Legislative districts shall be re-apportioned by
Congress within 3 years after the return of each
census. According to Jack, however, while the
apportionment of districts is NOT a political
question, the judiciary CANNOT compel Congress
to do this.
e. 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.

QuaIifications

1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately
preceding the day of the election.

Term of Office

1. Each member of the House shall be elected for a term of three
(3) years which shall commence (unless otherwise provided
for by law) at noon on 30 June next following their election.
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.
Term Limitations

No member of the House of Representatives shall serve for more
than three (3) consecutive terms.

Distinctions between Term and Tenure

1. Definition

a. Terms means the period during which the elected
officer is legally authorized to assume his office and
exercise the powers thereof.
b. Tenure is the actual period during which such officer
actually holds his position.

2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision
which considers an elective office automatically
vacated when the holder thereof files a certificate of
candidacy for another elective office (except
President and Vice-President) is valid, as it only
affects the officers tenure and NOT his constitutional
term.

Party-List #epresentatives

1. Constitute 20% of the total number of representatives,
including those under the party-list system (thus a maximum of
50 party-list members of the House)

2. However, for 3 consecutive terms from 2 February 1987 (i.e.,
the 1987-92, 92-95 and 95-98 terms), 25 seats shall be
allotted to sectoral representatives. Under Art. XV, Sec. 7,
the sectoral representatives are to be appointed by the
President until legislation otherwise provides.

3. Mechanics of the party-list system:
a. Registered organizations submit a list of candidates
in order of priority.
b. During the elections, these organizations are voted
for at large.
c. The number of seats that each organization gets out
of the 20% allotted to the system depends on the
number of votes they get.

4. Qualifications

a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the election
c. Able to read and write


SEC. 9. In case of vacancy in the Senate or in the House of
#epresentatives, a SPECIAL ELECTION may be caIIed to fiII
such vacancy in the manner prescribed by Iaw, but the
Senator or ember of the House of #epresentatives thus
eIected shaII serve onIy for the unexpired term.


SEC. 10. SaIaries of Senators and embers of the House

Determination of SaIaries:

Salaries of Senators and Members of the House of Representatives
shall be determined by law.

#uIe on increase in saIaries:

No increase in their salaries shall take effect until after the
EXPRATON OF THE FULL TERM (NOT TENURE) OF ALL THE
MEMBERS OF THE SENATE AND THE HOUSE OF
REPRESENTATVES APPROVNG SUCH NCREASE.

Note: Since the Constitution 'provides for rules on "salaries and not
on 'emoluments,' our distinguished legislators can appropriate for
themselves other sums of money such as travel allowances, as well
as other side 'benefits.'

SEC. 11: CONG#ESSIONAL IUNITIES

1.) mmunity from arrest:

a. Legislators are privileged from arrest while Congress is
"in session with respect to offenses punishable by up to
6 years of imprisonment. Thus, whether Congress is in
regular or special session, the immunity from arrest
applies.
b. f Congress is in recess, members thereof may be
arrested.
c. The immunity is only with respect to arrests and NOT to
prosecution for criminal offenses.

2.) Legislative privilege:

a. No member shall be questioned or held liable in any
forum other than his/her respective Congressional body
for any debate or speech in the Congress or in any
Committee thereof.
b. Limitation on the privilege:
(i) Protection is only against forum other than
Congress itself. Thus for inflammatory remarks
which are otherwise privileged, a member may
be sanctioned by either the Senate or the
House as the case may be.
(ii) The 'speech or debate' must be made in
performance of their duties as members of
Congress. This includes speeches delivered,
statements made, votes cast, as well as bills
introduced, and other activities done in
performance of their official duties.
(iii) 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. AII embers of the Senate and the House of
#epresentatives shaII, upon assumption of office, make a fuII
discIosure of their financiaI and business interests. They shaII
notify the House concerned of a potentiaI confIict of interest
that may arise from the fiIing of a proposed IegisIation of
which they are authors.
SEC. 13-14: CONG#ESSIONAL DISQUALIFICATIONS:
DisquaIifications:



SEC. 15: #EGULA# AND SPECIAL SESSIONS

#eguIar Sessions:

1.) Congress convenes once every year on the 4
th
Monday of July
(unless otherwise provided for by law)
2.) 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.

SpeciaI 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.) Each House may choose such other officers as it may deem
necessary.

EIection 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. n computing a quorum, members who are outside the country
and thus outside of each House's coercive jurisdiction are not
included.

InternaI #uIes:

1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent
powers, under the principle of separation of powers, the courts
cannot intervene in the implementation of these rules insofar
as they affect the members of Congress.
3. Also, since Congress has the power to make these rules, it
also has the power to ignore them when circumstances so
require.

DiscipIine:

1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.

2.) Expulsion
a. Concurrence of 2/3 of ALL its members.



CongressionaI JournaIs and #ecords:

1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) 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.


Section 17: THE ELECTO#AL T#IBUNAL

The Senate and the House shaII each have an EIectoraI
TribunaI which shaII 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:
1.) Each ET 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.

DISQUALIFICATION

WHEN APPLICABLE
1. Senator/Member of the House
cannot hold any other office or
employment in the Government
or any subdivision, agency or
nstrumentality thereof, including
GOCCS or their subsidiaries.
During his term. f he does
so, he forfeits his seat.
2. Legislators cannot be appointed
to any office.
F the office was created or
the emoluments thereof
increased during the term for
which he was elected.
3. Legislators cannot personally
appear as counsel before any court
of justice, electoral tribunal, quasi-
judicial and administrative
bodies.
During his term of office.
4. Legislators cannot be financially
interested directly or indirectly in
any contract with or in any
franchise, or special privilege
granted by the Government, or any
subdivision, agency or
instrumentality thereof, including
any GOCC or its subsidiary.
During his term of office.
5. Legislators cannot intervene in
any matter before any
office of the government.

When it is for his pecuniary
benefit or where he may
be called upon to act on
account of his office.
2.) An 'election contest' is one where a defeated candidate
challenges the qualification and claims for himself the seat of a
proclaimed winner.

3.) n the absence of an election contest, the ET 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 EIectoraI TribunaIs:

1.) Since the ET's are independent constitutional bodies,
independent even of the House from which the members are
respectively taken, neither Congress nor the Courts may
interfere with procedural matters relating to the functions of the
ET's, such as the setting of deadlines or filing their election
contests with the respective ETs.

2.) The ETs 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 ET 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 ET. The Constitution is quite clear that the ET
must act with both members from the SC and from the Senate
or the House. f all the legislator-members of the ET were to
be disqualified, the ET would not be able to fulfill its
constitutional functions.

4.) Judicial review of decisions of the ETs 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.


Section 18: THE COISSION ON APPOINTENTS

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 chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30 session days
from their submission to Congress.
3.) The Commission shall rule by a majority vote of all the
Members.

Jurisdiction

1.) CA shall confirm the appointments by the President with
respect to the following positions:

a. Heads of the Executive Departments (except if it is the
Vice-President who is appointed to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval
Captain: and
d. Other officers whose appointments are vested in him by
the Constitution (e.g. COMELEC members).

2.) 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.

3.) 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.

eetings of the CA

1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or a
majority of all its members.
3.) Since the CA 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 ET and the CA 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 INQUI#IES

Scope:

1. Either House or any of their committees may conduct inquires
'in aid of legislation'.
2. "n aid of legislation does not mean that there is pending
legislation regarding the subject of the inquiry. n fact,
investigation may be needed for purposes of proposing future
legislation.
3. f the stated purpose of the investigation is to determine the
existence of violations of the law, the investigation is no longer
'in aid of legislation' but 'in aid of prosecution'. This violates
the principle of separation of powers and is beyond the scope
of congressional powers.

Enforcement:

1. Since experience has shown that mere requests for
information does not usually work, Congress has the inherent
power to punish recalcitrant witnesses for contempt, and may
have them incarcerated until such time that they agree to
testify.

2. The continuance of such incarceration only subsists for the
lifetime, or term, of such body. Once the body ceases to exist
after its final adjournment, the power to incarcerate ceases to
exist as well. 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.

3. BUT, in order for a witness to be subject to this incarceration,
the primary requirement is that the inquiry is within the scope
of Congress' powers. i.e. it is in aid of legislation.

4. 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.

5. The power to punish for contempt is inherent in Congress and
this power is sui generis. t cannot be exercised by local
government units unless they are expressly authorized to do
so.

Limitations:

1. The inquiry must be conducted in accordance with the 'duly
published rules of procedure' of the House conducting the
inquiry; and

2. The rights of persons appearing in or affected by such
inquiries shall be respected. Ex. The right against self-
incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals
with those of the legislative department, under the principle of
separations of powers, department heads cannot be
compelled to appear before Congress. Neither may the
department heads impose their appearance upon Congress.

2. Department heads may appear before Congress in the
following instances:

a. Upon their own initiative, with the consent of the
President (and that of the House concerned); or

b. Upon the request of either House (which cannot compel
them to attend)

3. The appearance will be conducted in EXECUTVE SESSON
when:

a. Required by the security of state or required by public
interest; and
b. When the President so states in writing


Sections 23-24. DECLA#ATION OF WA#/EE#GENCY
POWE#S

Vote requirement: (to decIare the existence of a state of war)

1. 2/3 of both Houses, in joint session
2. Voting separately

Emergency powers:

1. 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.

2. Limitations:
a. Powers will be exercised for a limited period only;
and
b. Powers will be subject to restrictions prescribed by
Congress

3. Expiration of emergency powers
a. By resolution of Congress or
b. Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATION

BiIIs that must originate from the House of #epresentatives
(Section 24)
CODE: A # T Pu Lo P

1. Appropriation bills
2. #evenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of Iocal application
6. Private bills

Note: The Senate may, however, propose or concur with
amendments.

Appropriation biIIs

1. The primary and specific aim of an appropriation bill is to
appropriate a sum of money from the public treasury.

2. Thus, a bill enacting the budget is an appropriations bill.

3. BUT: A bill creating a new office, and appropriating funds
therefor is NOT an appropriation bill.

#evenue BiII

1. A revenue bill is one specifically designed to raise money or
revenue through imposition or levy.

2. Thus, a bill introducing a new tax is a revenue bill, 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.

BiIIs of IocaI appIication

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:

1. For appropriation bills:

a. Congress cannot increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget.

b. Each provision or enactment in the General
Appropriations Bill 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.

c. The procedure in approving appropriations for Congress
shall strictly follow the procedure for approving
appropriations for other departments and agencies.

d. 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.
e. Transfer of appropriations:

i. Rule: No law shall be passed authorizing any
transfer of appropriations
ii. 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
President
President of the Senate
Speaker of the House of
Representatives
Chief of Justice of the Supreme
Court
Heads of the Constitutional
Commissions

f. Discretionary funds appropriated for particular officials
shall be:
i. Disbursed only for public purposes;
ii. Should be supported by appropriate vouchers;
and
iii. Subject to guidelines as may be prescribed by
law.

g. f Congress fails to pass General Appropriations Bill
(GAB) by the end of any fiscal year:

i. The GAB for the previous year is deemed reenacted
ii. t will remain in full force and effect until the GAB is
passed by Congress.

2. For law granting tax exemption

t should be passed with the concurrence of a MAJORTY of
ALL the members of Congress.

3. For bills in general

a. Every bill shall embrace only one (1) subject, as
expressed in the title thereof

i. As a mandatory requirement

ii. The title does not have to be a complete
catalogue of everything stated in the bill. t is
sufficient if the title expresses the general
subject of the bill and all the provisions of the
statute are germane to that general subject.

iii. A bill which repeals legislation regarding the
subject matter need not state in the title that it
is repealing the latter. Thus, a repealing
clause in the bill is considered germane to the
subject matter of the bill.

b. Readings

1. n order to become a law, each bill must pass three
(3) readings in both Houses.
2. General rule: Each reading 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.
3. Exception: f 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.
4. 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. Every bill, in order to become a law, must be presented to and
signed by the President.

2. f the President does not approve of the bill, he shall 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. f 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 OVERRDE the veto, at least 2/3 of ALL the members of
each House must agree to pass the bill. n such case, the
veto is overriden and becomes a law without need of
presidential approval.

6. tem veto

a. The President may veto particular items in an
appropriation, revenue or tariff bill.

b. This veto will not affect items to which he does not
object.

c. Definition of item

TYPE OF BILL
ITE
1. Revenue/tax bill Subject of the tax and the
tax rate imposed thereon
2. Appropriations bill ndivisible sum
dedicated to a stated purpose

d. Veto of RDER

1. A rider is a provision which does not relate to a
particular appropriation stated in the bill.
2. Since it is an invalid provision under Section 25(2),
the President may veto it as an item.

Specific Iimitations on IegisIation

1. No law shall be enacted increasing the Supreme Court's
appellate jurisdiction without the SC's advice and concurrence.

2. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWE# TO TAX

Limitations:

1) The rule of taxation should be UNFORM
2) t should be EQUTABLE
3) Congress should evolve a PROGRESSVE 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.

DeIegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix the
following:

a) Tariff rates
b) mport and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national development program of
the Government

2) The exercise of such power by the President shall be within
the specified limits fixed by Congress and subject to such
limitations and restrictions as it may impose.

ConstitutionaI tax exemptions:

1) The following properties are exempt from REAL PROPERTY
taxes
(CODE: Cha Chu - CA)

a) Charitable institutions
b) Churches, and parsonages or convents appurtenant
thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually,
directly and exclusively used for religious,
charitable, or educational purposes.

2) All revenues and assets of NON-STOCK NON-PROFT
EDUCATONAL institutions are exempt from taxes and duties
PROVDED that such revenues and assets are actually,
directly and exclusively used for educational purposes. (Art.
XV Sec 4 (3))

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. XV. Sec 4 (4))


Section 29. Power of the Purse

1) No money shall be paid out of the National Treasury EXCEPT
in pursuance of an appropriation made by law.

a) This places the control of public funds in the hands of
Congress.
b) 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.

2) Limitations.

a) Appropriations must be for a PUBLC PURPOSE
b) Cannot appropriate public funds or property, directly or
indirectly, in favor of
(i) Any sect, church, denomination, or sectarian
institution or system of religion or
(ii) Any priest, preacher, minister, or other
religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
the Armed Forces; or
any penal institution; or
government orphanage; or
leprosarium


c) 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.

d) ALSO, the temporary use of public property for religious
purposes is valid, as long as the property is available for
all religions

3) Special Funds

a) Money collected on a tax levied for a special purpose
shall be treated as a special fund and paid out for such
purpose only.
b) Once the special purpose is fulfilled or abandoned, any
balance shall be transferred to the general funds of the
Government

Section 32. INITIATIVE AND #EFE#ENDU

1) Through the system of initiative and referendum, the people
can directly propose and enact laws or approve or reject any
act or law or part thereof passed by the Congress or local
legislative body.

2) Required Petition

a) Should be signed by at least 10% of the total number of
registered voters
b) Every legislative district should be represented by at least
3% of the registered voters
c) Petition should be registered


A#TICLE VII. THE EXECUTIVE DEPA#TENT

Section 1. EXECUTIVE POWE#

Scope:

1) Executive power is vested in the President of the Philippines.

2) The scope of this power is set forth in Art. V of the
Constitution. But this power is not limited to those set forth
therein. The SC, in Marcos v. Manglapus, referred to the
RESDUAL 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. t 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.

Section 2. QUALIFICATIONS

1) Natural-born citizen of the Philippines
2) Registered voter;
3) Able to read and write;
4) At least 40 years old on the day of election
5) Philippine resident for at least 10 years immediately preceding
such election.


Note: The Vice-President has the same qualifications & term of
office as the President. He is elected with & in the same manner as
the President. He may be removed from office in the same manner
as the President.


Section 4. ANNE# OF ELECTION/ TE# OF OFFICE
anner of EIection

1) The President and Vice-President shall be elected by direct
vote of the people.

2) Election returns for President and Vice-President, as duly
certified by the proper Board of Canvassers shall be forwarded
to Congress, directed to the Senate President.

3) Not later than 30 days after the day of the election, the
certificates shall be opened in the presence of both houses of
Congress, assembled in joint public session.

4) The Congress, after determining the authenticity and due
execution of the certificates, shall canvass the votes.

5) The person receiving the highest number of votes shall be
proclaimed elected.

6) n case of a tie between 2 or more candidates, one shall be
chosen by a majority of ALL the members of both Houses,
voting separately. n case this results in a deadlock, the
Senate President shall be the acting President until the
deadlock is broken.

7) The Supreme Court en banc shall act as the sole judge over
all contests relating to the election, returns, and qualifications
of the President or Vice-President and may promulgate its
rules for the purpose.

Term of Office

1) President

a) 6 years beginning at noon on 30 June immediately
following the election and ending at noon on the same
day 6 years later.

b) Term limitation: Single term only; not eligible for any
reelection.

c) Any person who has succeeded as President, and
served as such for more than 4 years shall NOT be
qualified for election to the same office at any time.

2) Vice-President:

a) 6 years, starting and ending the same time as the
President.

b) Term limitation: 2 successive terms.

c) Voluntary renunciation of the office for any length of time
is NOT an interruption in the continuity of service for the
full term for which the Vice-President was elected.

Section 6. SALA#IES AND EOLUENTS

1) Official salaries are determined by law.
2) Salaries cannot be decreased during the TENURE of the
President and the Vice-President.
3) ncreases take effect only after the expiration of the TERM of
the incumbent during which the increase was approved.
4) Prohibited from receiving any other emolument from the
government or any other source during their TENURE

Sections 7-12, P#ESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term
2. Vacancies after the office is initially filled:
VACANCY SUCCESSOR
President dies, is
permanently disabled, is
impeached, or resigns.
Vice-President becomes President
for the unexpired term.
Both President and Vice-
President die, become
permanently disabled, are
impeached, or resign.
1. Senate President or
2. n case of his inability, the
Speaker of the House shall act
as President until the President
or VP shall have been elected
and qualified.


3) Vacancy in office of Vice-President during the term for which
he was elected:

a) President will nominate new VP from any member of
either House of Congress.
b) Nominee shall assume office upon confirmation by
majority vote of ALL members of both Houses, voting
separately. (Nominee forfeits seat in Congress)

4) Election of President and Vice-President after vacancy during
tem

a) Congress shall convene 3 days after the vacancy in the
office of both the President and the VP, without need of
a call. The convening of Congress cannot be
suspended.

b) Within 7 days after convening, Congress shall enact a
law calling for a special election to elect a President and
a VP. The special election cannot be postponed.



c) The special election shall be held not earlier than 45
days not later than 60 days from the time of the
enactment of the law.

d) The 3 readings for the special law need not be held on
separate days.

e) The law shall be deemed enacted upon its approval on
third reading.

BUT: No special election shall be called if the vacancy occurs
within 18 months before the date of the next presidential
election.

5) Temporary disability of the President:

The temporary inability of the President to discharge his duties
may be raised in either of two ways:

a) By the President himself, when he sends a written
declaration to the Senate President and the Speaker
of the House. n this case, the Vice-President will
be Acting President until the President transmits a
written declaration to the contrary.

b) When a majority of the Cabinet members transmit to
the Senate President and the Speaker their written
declaration.

(i) The VP will immediately be Acting
President.

(ii) BUT: f the President transmits a written
declaration that he is not disabled, he
reassumes his position

(iii) f within 5 days after the President re-
assumes his position, the majority of the
Cabinet retransmits their written
declaration, Congress shall decide the
issue. n this event, Congress shall
reconvene within 48 hours if it is not in
session, without need of a call.

(iv) Within 10 days after Congress is required
to assemble, or 12 days if Congress is not
in session, a 2/3 majority of both Houses,
voting separately, is needed to find the
President temporarily disabled, in which
case, the VP will be Acting President.

6) Presidential llness:

a) f the President is seriously ill, the public must be
informed thereof.

b) Even during such illness, the National Security
Adviser, the Secretary of Foreign Affairs, and the
Chief of Staff of the AFP are entitled to access to
the President

Section 13. DISQUALIFICATIONS


Sections 14-16. POWE# TO APPOINT

PrincipIes:

1) Since the power to appoint is executive in nature, Congress
cannot usurp this function.
2) While Congress (and the Constitution in certain cases) may
prescribe the qualifications for particular offices, the
VACANCY SUCCESSOR
President-elect fails
to qualify or to be
chosen
VP-elect will be Acting President until
someone is qualified/chosen as President.
President-elect dies
or is permanently
disabled.
VP becomes President.
Both President and
VP-elect are not
chosen or do not
qualify or both die, or
both become
permanently
disabled.
1. Senate President or
2. n case of his inability, the Speaker of
the House shall act as President until a
President or a VP shall have been
chosen and qualified.
n case of death or disability of (1) and (2),
Congress shall determine, by law, who will be
the acting President.
SUBJECT SOURCE OF DSQUALFCATON
President,
Vice-
President,
Cabinet
Members,
Deputies or
Assistants of
Cabinet
Members
Prohibited from:
1. Holding any office or employment during their
tenure, UNLESS:

a. otherwise provided in the Constitution (e.g. VP
can be appointed a Cabinet Member, Sec. of
Justice sits on Judicial and Bar Council); or
b. the positions are ex-officio and they do not receive
any salary or other emoluments therefor (e.g. Sec.
of Finance is head of Monetary Board).

2. Practicing, directly or indirectly, any other
profession during their tenure;

3. Participating in any business;

4. Being financially interested in any contract with,
or in any franchise, or special privilege granted
by the government or any subdivision, agency or
instrumentality thereof, including GOCC's or their
subsidiaries.

N.B. The rule on disqualifications for the President and
his Cabinet are stricter than the normal rules applicable
to appointive and elective officers under Art. X-B, Sec.
7.
Spouses
and 4
th

degree
relatives of
the
President
(consanguini
ty or affinity)
Cannot be appointed during President's tenure as:

1. Members of the Constitutional Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices
including GOCC's and their subsidiaries.

N.B.
a. f the spouse, etc., was already in any of the above
offices at the time before his/her spouse became
President, he/she may continue in office. What is
prohibited is appointment and reappointment, NOT
continuation in office.
b. Spouses, etc., can be appointed to the judiciary
and as ambassadors and consuls.

determination of who among those who are qualified will be
appointed is the President's prerogative.


Scope:

The President shall appoint the following:

1) Heads of executive departments (CA confirmation needed):
2) Ambassadors, other public ministers, and consuls (CA
confirmation needed).
3) Officers of AFP from rank of colonel or naval captain (CA
confirmation needed).
4) Other officers whose appointment is vested in him by the
Constitution (CA confirmation needed), such as:
a) Chairmen and members of the COMELEC, COA
and CSC.
b) Regular members of the Judicial and Bar Council.
c) The Ombudsman and his deputies;
d) Sectoral representatives in Congress.

O N.B. President also appoints members of the
Supreme Court and judges of the lower courts, 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) EXCEPTON:

a) Can make TEMPORARY APPONTMENTS
b) To fill EXECUTVE POSTONS;
c) f continued vacancies therein will prejudice public
service or endanger public safety.


Section 17. Power of ControI and Supervision

Power of ControI:

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.
Thus, the President exercises control over all the executive
departments, bureaus, and offices.

The President's power over government-owned corporations
comes not from the Constitution but from statute. Hence, it may be
taken away by statute.

QuaIified PoIiticaI Agency:

1) Since all executive and administrative organizations are
adjuncts of the Executive Department, the heads of such
departments, etc. are assistants and agents of the President.

2) Thus, 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.

3) Exception: f the acts are disapproved or reprobated by the
President.

4) 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.


5) Qualified political agency does NOT apply 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.

DiscipIinary Powers:

1) The power of the President to discipline officers flows from the
power to appoint the, and NOT from the power control.

2) 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:

1) This is the power of a superior officer to ensure that the laws
are faithfully executed by subordinates.

2) 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.

3) The execution of laws is an OBLGATON of the President.
He cannot suspend the operation of laws.

4) The power of supervision does not include the power of
control; but the power of control necessarily includes the
power of supervision.

Section 18. COANDE#-IN-CHIEF POWE#S

Scope:

1) The President is the Commander-in-Chief of the Armed
Forces.

2) Whenever necessary, the President may call out the AFP to
PREVENT or SUPPRESS:

a) Lawless violence;
b) nvasion; or
c) Rebellion.

3) The President may also:

a) Suspend the privilege of the writ of habeas corpus;
and
b) Proclaim a state of martial law.

Suspension of the priviIege of the writ of habeas corpus and
decIaring martiaI Iaw;

1. Grounds

a. nvasion 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. n the same manner, at the President's initiative,
Congress can extend the same for a period
determined by Congress if:

i. nvasion or rebellion persist and
ii. 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 BASS 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.

g. Suspension of privilege of the writ:

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 is subject to the President's judgment
and discretion.
Section 19: EXECUTVE CLEMENCY

Scope:

1.) The President may grant the following: [ Pa # C #e]
a. Pardons (conditional or plenary)
b. #eprieves
c. Commutations
d. #emittance of fines and forfeitures

2.) These may only be granted AFTER conviction by final
judgment.


3.) ALSO: The power to grant clemency includes cases
involving administrative penalties.

4.) Where a conditional pardon is granted, the determination
of whether it has been violated rests with the President.

Limitations:

1.) As to scope:
Cannot be granted:
a.) Before conviction
b.) n cases of impeachment
c.) For violations of election laws, rules, and
regulation without the favorable
recommendation of the COMELEC
d.) n cases of civil or legislative contempt

2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
b.) Does not restore public offices already
forfeited, although eligibility for the same may
be restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually
extended to groups of persons who commit political
offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty
needs concurrence by a majority of all the members of
Congress.
3.) When a person applies for amnesty, he must admit his
guilt of the offense which is subject to such amnesty. f
his application is denied, he can be convicted based on
this admission of guilt.

4.) Amnesty V. Pardon

ANESTY PA#DON
Addressed to
POLTCAL
offenses
Addressed to ORDNARY offenses
Granted to a
CLASS of persons
Granted to NDVDUALS
Need not be
accepted
Must be accepted
Requires
concurrence of
majority of all
members of
Congress
No need for Congressional concurrence
A public act.
Subject to judicial
notice
Private act of President. t must be proved.
Extinguishes the
offense itself
Only penalties are extinguished.
May or may not restore political rights.
Absolute pardon restores. Conditional does
not.
Civil indemnity is not extinguished.
May be granted
before or after
conviction
Only granted after conviction by final
judgement


Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:

(1) The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines with the prior
concurrence of the Monetary Board; and

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements

(a) BUT: Such treaty of international agreement must be
concurred in by at least 2/3 of all Senators in order
to be valid and effective in our country.

(b) Options of Senate when a treaty is submitted for its
approval:
(i) Approve with 2/3
majority;
(ii) Disapprove outright;
or
(iii) Approve
conditionally, with
suggested
amendments.

(c) f treaty is not re-negotiated, no treaty

(d) f treaty is re-negotiated and the Senate's
suggestions are incorporated, the treaty will go into effect
without need of further Senate approval.

Note: While our municipal law makes a distinction between
international agreements and executive agreements, with the
former requiring Senate approval and the latter not needing the
same, under international law, there is no such distinction.

Note: The President cannot, by executive agreement, undertake an
obligation which indirectly circumvents a legal prohibition.

(e) Conflict between treaty and municipal law.

(i) Philippine court:

The later enactment will
prevail, be it treaty or law,
as it is the latest
expression of the State's
will.

(ii) nternational tribunal

Treaty will always prevail. A State cannot
plead its municipal law to justify noncompliance
with an international obligation.

(2) Power to appoint ambassadors, other public ministers, and
consuls.

(3) Power to receive ambassadors and other public ministers
accredited to the Philippines.

(4) Power to contract and guarantee foreign loans on behalf of the
Republic

(5) Power to deport aliens

(a) This power is vested in the President by
virtue of his office, subject only to
restrictions as may be provided by
legislation as regards the grounds for
deportation.
(b) n the absence of any legislative
restriction to authority, the President may
still exercise this power.
(c) The power to deport aliens is limited by
the requirements of due process, which
entitles the alien to a full and fair hearing.
BUT: The alien is not entitled to
bail as a matter of right.



ARTICLE VIII. THE JUDICIAL DEPARTMENT

SEC. 1. JUDICIAL POWE#

Scope:

1. Judicial power is the authority to settle justiciable controversies
or disputes involving rights that are enforceable and
demandable before the courts of justice or the redress of
wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower courts as may be
established by law.
3. Since the courts are given 'judicial power' and nothing more,
courts 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.
4. n order that courts may exercise this power, there must exist
the following:

a. An actual controversy with legally demandable and
enforceable rights;
b. nvolving real parties in interest;
c. The exercise of such power will bind the parties by
virtue of the court's application of existing laws.
5. Judicial power cannot be exercised in vacuum. Without any
laws from which rights arise and which are violated, there can
be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
a. The duty of the courts to settle actual controversies
involving rights which are legally demandable and
enforceable; and

b. 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.
PoIiticaI Questions:
1. 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.
2. 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. #OLES OF CONG#ESS
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.
3. Thus, Congress has the power to define, prescribe and
apportion the jurisdiction of various courts.
4. BUT, Congress cannot deprive the Supreme Court of its
jurisdiction over cases provided for in the Constitution.
5. Creation and abolition of courts:
a. The power to create courts implies the power
to abolish and even re-organize courts.
b. BUT this power cannot be exercised in a
manner which would undermine the security of
tenure of the judiciary.
c. f the abolition/re-organization is done in good
faith and not for political or personal reasons,
then it is VALD. (same rule applies for civil
servants)

SEC. 3. FISCAL AUTONOY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced
below the amount appropriated for the previous year.
3. Once approved, appropriations shall be automatically and
regularly released.

SECS. 4-7; 12 JUDICIA#Y
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.
QuaIifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of
law in the Philippines
4. Person of proven competence, integrity, probity and
independence.

QuaIifications of members of Iower coIIegiate courts (CA, CTA,
Sandiganbayan)

1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and
independence.

QuaIifications of judges of Iower non-coIIegiate courts:

1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and
independence.
Section 8. JUDICIAL AND BA# COUNCIL
1. The Judicial and Bar Council is under the supervision of the SC.
A. s under the supervision of the Supreme Court and is
composed of:
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 ntegrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative

Note: The last four re 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
1. Principal function: recommend
appointees to the Judiciary
2. Exercise such other functions as the SC
may assign to it.
C. Appointments to the Judiciary
1. President shall appoint from a list of at least 3
nominees for each vacancy, as prepared by
the JBC.
2. No CA confirmation is needed for
appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 days
from the occurrence of the vacancy.
4. Vacancies in lower courts should be filled
within 90 days from submission to the
President of the JBC list.

SEC. 10. SALA#IES

1. Salaries of SC Justices and judges of lower courts shall be fixed
by law.
2. Cannot be decreased during their continuance in office, but can
be increased.
3. Members of the Judiciary are NOT exempt from payment of
income tax.

SEC. 11. TENU#E/DISCIPLINA#Y POWE#S 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:
a. Only the SC en banc has jurisdiction to discipline or
dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC
Justices who took part in the deliberations and voted
therein.

3. Removal of SC Justices:
a. Only by MPEACHMENT.
b. Cannot be disbarred while they hold office.

SECS. 4-6, 13. THE SUP#EE COU#T

Hearing of cases:

1. En banc; or
2. Divisions of 3, 5, or 7.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an:
a. Treaty
b. nternational or executive agreement or
c. Law.

2. All cases required to be heard en banc under the Rules of Court:
a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions

3. All cases involving the constitutionality, application or operation
of
a. Presidential decrees
b. Proclamations
c. Orders
d. nstructions
e. Ordinances; and
f. Other regulations.

4. Cases heard by a division where required majority of 3 was not
obtained.
5. Cases where SC modifies or reverses a doctrine or principle of
law laid down by the SC en banc or by a division.
6. Administrative cases to discipline or dismiss judges of lower
courts; and
7. Election contests for President and Vice-President.
Cases heard by division
1. Must be decided with the concurrence of a majority of the
members who took part in the deliberations and voted thereon.
2. Majority vote in a division should be at least 3 members.
Powers of the SC
1. SC has ORGNAL jurisdiction over
a. Cases affecting ambassadors, other public ministers
and consuls.
Note: This refers to foreign ambassadors, etc.,
stationed in the Philippines.
b. Petitions for certiorari, prohibiton, mandamus, quo
warranto, and habeas corpus.

2. SC has APPELLATE jurisdiction over final judgments and orders
in the following:

a. All cases involving the constitutionality or validity of
any
i. treaty
ii. international or executive
agreement
iii. law
iv. presidential decree
v. proclamation
vi. order
vii. instruction
viii. ordinance, or
ix. regulation;

b. All cases involving the legality of any
i. tax
ii. impost
iii. assessment or
iv. toll or
v. any penalty imposed in relation
thereto;

c. All cases in which the jurisdiction of any lower court is in
issue

d. Criminal cases where the penalty imposed is reclusion
perpetua or higher; and

e. All cases where ONLY errors or questions of law are
involved.

3. Temporarily assign lower court judges to other stations in the
public interest.
Note: Temporary assignment shall not exceed 6 months
without the consent of the judge concerned.

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

5. Promulgate rules concerning:
a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The ntegrated Bar; and
e. Legal assistance to the underprivileged.

Limitations on Rule Making Power

a. t should provide a simplified and inexpensive
procedure for the speedy disposition of cases.
b. t should be uniform for all courts of the same grade.
c. t should not diminish, increase, or modify substantive
rights.

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

7. Exercise administrative supervision over ALL courts and the
personnel thereof.
Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for
the writing of the opinion.
2. A certification to this effect must be signed by the Chief Justice
and attached to the record of the case and served upon the
parties.
3. Members of the SC who took no part, or who dissented or
abstained must state the reasons therefore.


Note: This procedure shall also be observed by all lower
collegiate courts (CA, CTA, and the Sandiganbayan).

JUDICIAL #EVIEW

Definition

1. Judicial Review is the power of the SC to declare a law, treaty,
ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review,
subject to the appellate jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions
are binding on all.

#equisites Code: [A # S Co #]

1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be #PE FOR ADJUDCATON, i.e.
the government act must have had an adverse effect on the
person challenging it.
3. The person challenging the governmental act must have
'STANDNG', i.e. a personal and substantial interest in the
case such that he has sustained, or will sustain, direct injury
as a result of its enforcement.
4. The question of Constitutionality must be raised in the first
instance, or at the earliest opportunity.
5. #esolution of the issue of constitutionality is unavoidable or is
the very lis mota.
Effect of a decIaration of unconstitutionaIity:
1. Prior to the declaration that a particular law is unconstitutional, it
is considered as an 'operative fact' which at that time had to be
complied with.
2. Thus, vested rights may have been acquired under such law
before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration
that the law is unconstitutional.

SEC. 14. DECISIONS

1. Decisions MUST state clearly and distinctly the facts and the law
on which it is based.
2. Refusal to give due course to petitions for review and motions
for reconsideration must state the legal basis for such refusal.
3. Memorandum decisions, where the appellate court adopts the
findings of fact and law of the lower court, are allowed as long
as the decision adopted by reference is attached to the
Memorandum for easy reference.
4. These rules only apply to courts. They do not apply to quasi-
judicial or administrative bodies nor to military tribunals.

A#TICLE IX - THE CONSTITUTIONAL COISSIONS

Section 1. ConstitutionaI Commissions

Independent ConstitutionaI Commissions:

1) Civil Service Commission (CSC)
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)

Why ndependent?

They perform vital functions of government. Their integrity is
protected by the fact that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural
rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office
(Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.


Section 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, direct or indirect, 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.


Section 3. SALA#IES
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) ncumbent members do not lose any salary.
4) ncreases take effect MMEDATELY.

Section 6. #ULES OF P#OCEDU#E

Procedures:

1) Rules: The Commissions may promulgate its own rules EN
BANC.
2) Limitation: t shall not:
a) Diminish,
b) ncrease, or
c) Modify substantive rights.

3) Power of SC

a). The SC may not, under Art. V Sec. 5(5), exercise
the power to disapprove rules of "special courts and
quasi-judicial bodies."
b). n proceedings before the Commissions, the rules of
the Commission prevail.
c). n proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise
JUDCAL REVEW


Section 7. DECISION AKING/APPEAL

Decision-aking:

1) Each commission shall decide matter or cases by a majority vote
of all the members within 60 days from submission.
COMELEC may sit en banc or in 2 divisions.
Election cases, including pre-proclamation
controversies are decided in division, with motions
for reconsideration filed to the COMELEC en banc.
The SC has held that a majority decision decided by
a division of the COMELEC is a valid decision.

2) As COLLEGAL BODES, 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).

AppeaIs:

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:

t has been held that the CSC can issue a writ of
execution to enforce judgments which are final.

THE CVL SERVCE COMMSSON

Section 1. COPOSITION/QUALIFICATIONS/TE#

Composition:

1) Chairman
2) Commissioners 2 commissioners

QuaIifications:

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) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3
yrs
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.


Section 2. Scope:

The Civil Service embraces all:

A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.

1."With Original Charter" means that the
GOCC was created by special law/by
Congress
2. f incorporated under the Corporation Code,
it does not fall within the Civil Service,
and is not subject to the CSC
jurisdiction.
3. Even if once government-controlled, then
becomes privatized, ceases to fall under
CSC.
4. Jurisdiction is determined as of the time of
filing the complaint.

Appointments to civiI service shaII be:

A. Competitive positions
According to merit and fitness to be determined by
competitive examinations, as far as practicable
except to positions which are policy-determining,
primarily confidential, or highly technical.

B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds

a) Policy-determining - formulate a method of
action for the gov't

b) Primarily confidential - more than ordinary
confidence; close
intimacy insures
freedom of intercourse
without betrayals of
personal trust...
c) Highly technical - requires
technical skill to a superior degree.

C. The TEST to determine whether non/competitive is the Nature of
the responsibilities, NOT the administrative or legislative
description given to it.

D. Both types of positions are entitled to security of tenure. They
only differ in the MANNER in which they are filled.

E. Who may be appointed:

1). RULE: Whoever fulfills all the qualifications
prescribed by law for a particular position may be
appointed therein.
2). The CSC cannot disapprove an appointment just
because another person is better qualified, as long
as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than
those provided by law.

F. Next-n-Rank Rule

While a person next in rank is entitled to preferential
consideration, it does not follow that only he, and no
one else, can be appointed. Such person has no
vested right to the position and the appointing
authority is not bound to appoint the person next in
rank.

Tenure (CIassification of Positions)

Career
Service
Non-Career Service
1. Entrance
based on
merit and
fitness to be
determined as
far as
practicable by
competitive
examinations
or based on
highly
technical
qualifications.
1. Entrance on bases OTHER than usual tests of
merit and fitness.
2. Entitled to
security of
tenure
2. Tenure limited to:
a) Period specified by law,
b) Coterminous with the appointing
authority or subject to his pleasure, or
c) Limited to the duration of a particular
project for which purpose the
employment was made.
3. With
opportunity for
advancement
to higher
career
positions.



Security of Tenure:

1) Officers or employees of the Civil Service cannot be removed or
suspended EXCEPT for cause provided by law. t guarantees
both procedural and substantive due process.
2) For "LEGAL CAUSE" - Cause is:

a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights &
interests of the public)

3) Security of tenure for Non-competitive positions

a). Primarily confidential officers and employees hold
office only for so long as confidence in them
remains.
b). f there is GENUNE loss of confidence, there is no
removal, but the expiration of the term of office
c). Non-career service officers and employees do not
enjoy security of tenure.
d). Political appointees in the foreign service possess tenure
coterminous with that of the appointing authority or
subject to his pleasure.

4) One must be VALDLY APPONTED to enjoy security of tenure.
Thus, one who is not appointed by the proper appointing
authority does not acquire security of tenure.

Abolition of Office

To be valid, abolition must be made:

(a) n good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law.

Temporary empIoyees are covered by the foIIowing ruIes:

1). Not protected by security of tenure - can be removed anytime
even without cause
2). f they are separated, this is considered an expiration of his
term.
3). BUT: They can only be removed by the one who appointed
them.
4). Entitled only to such protection as may be provided by law.

No officer or empIoyee in the CiviI Service shaII engage in any
eIectioneering or in partisan poIiticaI activity

1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign
materials.
3) BUT: Allowed to express views on political issues, and to
mention the names of the candidates whom he supports.
4) Prohibition does not apply to department secretaries

Right to organize

The right to organize does NOT include the right to strike


Sections 6-7. DISQUALIFICATIONS

Disqualifications

1) Losing candidates in any election

a). Cannot be appointed to any office in the government
or GOCC's or their subsidiaries
b). Period of disqualification: One (1) year after such
election.

2) Elective officials

a). Not eligible for appointment or designation ANY
CAPACTY to ANY PUBLC OFFCE or position
during their tenure.
b). EXCEPTON: May hold ex officio positions.
Examples:
The Vice President may be
appointed Cabinet member
Congressman may sit in the Judicial
and Bar Council

c). To be eligible to hold any other office, the elected
official must first resign his office
d). 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). EXCEPTON: Unless otherwise allowed by law, or by
the primary functions of his position.
c). This exception DOES NOT APPLY to Cabinet
members, and those officers mentioned in Art. V,
Sec. 13. They are governed by the stricter
prohibitions contained therein.

Section 8. COPENSATION

1) Prohibitions: applies to elected or appointed officers and
employees

Cannot receive:
A. Additional - an extra reward given for
the same office i.e. bonus
B. Double - when an officer is given 2 sets of
compensation for 2 different offices held concurrently
by 1 officer
C. ndirect Compensation

2) EXCEPTON: Unless specifically authorized by law

A. "SPECFCALLY AUTHORZED" means a specific
authority particularly directed to the officer
or employee concerned.
B. BUT: per diems and allowances given as
REMBURSEMENT 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 COMMSSON ON ELECTONS

Section 1. COMPOSITION/"UALIFICATIONS/TERM

Composition: (7)

1)Chairman and
2)Commissioners (6)

QuaIifications:

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) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1
Member - 3 yrs.
2) LMTATON: 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.
Section 2. POWE#S AND FUNCTIONS

Powers:

1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and
recall.

(a) Ex: COMELEC can enjoin construction of public
works within 45 days of an election.

3) Exercise:

A. Exclusive original jurisdiction over all contests relating
to the elections, returns, and qualifications of all
elective

1. Regional,
2. Provincial, and
3. City officials

B. 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.

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

1. COMELEC can exercise this power only in
relation to its adjudicatory or quasi-judicial
functions. t CANNOT exercise this in
connection with its purely executive or
ministerial functions.
2. f it is a pre-proclamation controversy, the
COMELEC exercises quasi-
judicial/administrative powers.
3. ts 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 invoIving the right to vote, aII
questions affecting eIections, incIuding determination of
the number and Iocation of poIIing pIaces, appointment of
eIection officiaIs and inspectors, and registration of voters.


Note: Questions invoIving the right to vote
faII within the jurisdiction of the
ordinary courts.

4) Deputize, with the concurrence of the President, Iaw
enforcement agencies and instrumentaIities of the
Government, incIuding the Armed Forces of the
PhiIippines, for the excIusive purpose of ensuring free,
orderIy, honest, peacefuI, and credibIe eIections.

a). This power is NOT Iimited to
the eIection period.
b). AppIies to both criminaI and
administrative cases.

5) #egistration of poIiticaI parties, organizations, or
coaIitions/accreditation of citizens' arms of the
Commission on EIections.

a). The poIiticaI parties etc. must present their
pIatform or program of government.
b). There shouId be sufficient
pubIication
c). Groups which cannot be
registered:

i. #eIigious
denominations/sects
ii. Groups which seek to achieve their goaIs
through vioIence or unIawfuI means
iii. Groups which refuse
to uphoId and adhere to the
Constitution
iv. Groups which are
supported by any foreign
government.

d). BUT: PoIiticaI parties with reIigious affiIiation or
which derive their principIes from reIigious
beIiefs are registerabIe.

e). FinanciaI contributions from foreign governments
and their agencies to poIiticaI parties,
organizations, coaIitions, or candidates reIated
to eIections constitute interference in nationaI
affairs. If accepted, it is an additionaI ground for
the canceIIation of their registration with the
Commission, in addition to other penaIties that
may be prescribed by Iaw.

6) FiIe, upon a verified compIaint, or on its own initiative,
petitions in court for incIusion of excIusion of voters;
investigate and, where appropriate, prosecute cases of
vioIations of eIection Iaws, incIuding acts or omissions
constituting eIections frauds, offenses and maIpractices.

A. COELEC has excIusive jurisdiction to
investigate and prosecute cases for vioIations of
eIection Iaws.
B. COELEC can deputize prosecutors for this
purpose. The actions of the prosecutors are the
actions of the COELEC
C. PreIiminary investigation conducted by
COELEC is vaIid.

7) #ecommend to the Congress effective measures to
minimize eIection spending, incIuding Iimitation of pIaces
where propaganda materiaIs shaII be posted, and to
prevent and penaIize aII forms of eIection frauds,
offenses, maIpractices, and nuisance candidacies.

8) #ecommend to the President the removaI of any officer or
empIoyee it has deputized, or the imposition of any other
discipIinary action, for vioIation or disregard or, or
disobedience to its directive, order, or decision.

9) Submit to the President and the congress a
comprehensive report on the conduct of each eIection,
pIebiscite, initiative, referendum, or recaII.


Section 3. RULES OF PROCEDURE/DECSON-MAKNG

Rules of Procedure

1) COELEC can sit en banc or in two divisions
2) It has the power to promuIgate its own ruIes of procedure
in order to expedite disposition of eIection cases,
incIuding pre-eIection controversies.

Decision-Making

1) EIection cases shouId be heard and
decided in division. Provided that,
2) otions for reconsideration of decisions
shouId be decided by COELEC
en banc.
3) "Decisions" mean resoIutions on
substantive issues.
4) If a division dismisses a case for faiIure of counseI to
appear, the otion for #econsideration here may be heard
by the division.
5) EXCEPTION: COELEC en banc may directIy assume
jurisdiction over a petition to correct manifest errors in
the taIIying of resuIts by Board of Canvassers.


Section 4. SUPERVSON/REGULATON OF
FANCHSES / PERMTS / GRANTS
/ SPECAL PRVLEGES /
CONCESSONS

Regulation of franchises

A. What can COELEC supervise or
reguIate

1). The enjoyment or utiIization of aII franchises or
permits for the operation of transportation and
other pubIic utiIities, media of communication or
information.
2). Grants, speciaI priviIeges or concessions granted
by the Government or any subdivision, agency
or instrumentaIity thereof, incIuding any GOCC
or its subsidiary

B. When can COELEC exercise this power

1). During the eIection period

a). Under ArticIe XI, Section 9, the eIection
period commences 90 days before
the day of the eIection and ends 30 days
thereafter.
b). In speciaI cases, COELEC can fix a
period.

2). AppIies not just to eIections but aIso to pIebiscites and
referenda.
3). PIebiscite: Submission of constitutionaI
amendments or important IegisIative measures to
the peopIe ratification
4). #eferendum: power of the eIectorate to approve
or reject IegisIation through an eIection caIIed
for that purpose.

COMELEC and the MEDA

1). COELEC cannot compeI print media to donate free
space to the COELEC. It may, however, compeI it to
provide space after paying just compensation.
2). Power of COELEC is over franchises and permits,
NOT individuaIs. For exampIe, COELEC may not
reguIate media practitioners, for this wouId vioIate the
freedom of expression.


Section 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.

Section 6Definition of Political Party

organized group of persons pursuing the same
poIiticaI ideaIs in a government and incIudes its
branches, and divisions

mportance of registration of a political party

1) #egistration confers juridicaI personaIity on the
party.
2) It informs the pubIic of the party's existence and
ideaIs.
3) It identifies the party and its officers for purposes of
reguIation by the COELEC.


Section 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) GeneraI ruIe: BIock voting NOT aIIowed
2) EXCEPTION: those registered under the
party-Iist system


Section 8. PARTY LST SYSTEM

No #ight to be #epresented 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.

PoII Watchers

Political parties, etc. are entitled to appoint poll
watchers in accordance with law.


Section 10. Bona fide candidates for any pubIic office shaII be
free from any form of harassment and discrimination.

This section does not give candidates immunity from
suit.
Discrimination includes unequal treatment in the
availment of media facilities.

Section 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.

#eIease of funds

Once approved, funds should be released
automatically upon certification by the Chairman of
COMELEC.


THE COISSION ON AUDIT

Section 1. COPOSITION/QUALIFICATIONS

Composition:

1) Chairman, and
2) Commissioners (2).

QuaIifications:

1) Natural-born citizens of the Philippines
2) At least 36 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) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3
yrs.
2) LMTATON: - Single terms only; no re-appointment allowed
3) Appointments to any vacancy shall only be for the unexpired
portion of predecessor's term


Section 2. POWE#S

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:
A. The Government;
B. Any of its subdivisions, agencies or
instrumentalities;
C. ncluding 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. None-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) f 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. ncluding 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 LQUDATED 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.


Section 3. No Iaw shaII be passed exempting any entity of the
Government or its subsidiary in any guise whatever, or any
investment of pubIic funds, from the jurisdiction of the
Commission on Audit.

A#TICLE X: LOCAL GOVE#NENT

Section 1. TE##ITO#IAL/POLITICAL SUBDIVISIONS OF THE
#EPUBLIC OF THE PHILIPPINES A#E THE:

Composition:

1) Provinces
2) Cities;
3) Municipalities; and
4) Barangays

There shaII be Autonomous regions in:

1) Muslim Mindanao, and
2) Cordileras [At present, it is only the Cordilera
ADMNSTRATVE region]

Note: 1) A third autonomous regions would require a
constiutional amendment.
2) These political subdivisions, created by the
Constitution cannot be replaced by AMENDMENT, and not by law.
3) While Congress can abolish or eradicate individual
units, it cannot abolish an entire class of LGU's


Section 2. Local Autonomy

1) All political subdivisions shall enjoy local autonomy
2) This does not mean that the LGU's 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 shaII enact a IocaI government code which
shaII provide for a more responsive and accountabIe IocaI
government structure instituted through a system of
decentraIization with effective mechanisms of recaII, initiative,
and referendum, aIIocate among the different IocaI government
units their powers, responsibiIities, and resources, and
provide for the quaIifications, eIection, appointment and
removaI, term, saIaries, powers and functions and duties of
IocaI officiaIs, and aII other matters reIating to the organization
and operation of the IocaI units.

Section 4. PRESIDENTIAL SUPERVISION OF LGUS

Supervision of President

1) The President exercises general supervision over all LGUs
2) The President exercises DRECT supervision over
A. Provinces
B. Autonomous regions and
C. ndependent 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.


Section 5. EACH LOCAL GOVE#NENT SHALL HAVE THE
POWE# TO C#EATE OWN SOU#CES OF #EVENUE/LEVY
TAXES, FEES AND CHA#GES ETC.

Limitations on Power

1) t 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.

AccruaI of taxes, fees, charges

The taxes, fees and charges shall accrue exclusively to the local
governments.

Section 6. LGUs SHLL H'E UST SHRE IN NTIONL
TES, S DETERMINED BY L, HICH SHLL BE
UTOMTICLLY RELESED TO THEM

InternaI #evenue AIIotment (I#A)

1) Share of LGUs in national taxes is limited to the internal
revenue taxes.
2) The share of each LGU should be 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) The share of each LGU 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 RA for development projects.

5) Adjustments in RA
A. Ground: Unmanageable public section deficit
B. President can make the necessary adjustments in
the RA upon the recommendation of the following:

1. Department of Finance Secretary
2. DLG Secretary
3. DBM Secretary

6) RA considered for purposes of conversion from one political
subdivision to the next. (Alvarez v. Guingona)
Section 7. SHRE OF LGUS IN NTIONL ELTH
Share of LGUs in nationaI weaIth

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 share the same with the inhabitants by way of
direct benefits.
Under the LGC

1) LGUs have a share of 40% of the gross collection derived by
the national government from the preceding fiscal year from
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. 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. SECTORL REPRESENTTION IN LGUS

LegisIative bodies of the IocaI governments shaII have
SectoraI #epresentation (under the LGC) as may be provided
by Iaw

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) ndigenous cultural communities
C) Disabled persons
D) Any other sector as may be determined by the
sanggunian

EIection of Sector #epresentatives

SEC. 10. Creation, abolition and division of LGU's

1) Re6uisites

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 DRECTLY
affected.

2) Thus, a province is supposed to be divided into 2 separate
provinces, plebiscite will include voters of the ENTRE
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. Metropolitan political subdivisions

Creation:

1) Congress may create special metropolitan political
subdivisions by law.
2) t is subject to a plebiscite

Jurisdiction of etropoIitan authority
t is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and unicipaIities

1) The component cities and municipalities retain their basic
autonomy
2) They shall be entitled to their own local executive and
legislative assemblies.

SEC. 12. CITIES

CIassification of Cities:

1) Highly urbanized (as determined by law)
2) Component cities (cities still under provincial control); and
3) ndependent component cities (non-highly urbanized cities
whose voters are prohibited by thecity 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 contain no such prohibition
are still under the control of the province and its voters may
still vote for elective provincial officials.
Section 13. Coordination among LGUS
ConsoIidation and Coordination of Efforts, Services and
#esources

1) t is optional on the part of LGUs as shown by the use of the
word "may
2) t can be done for purposes commonly beneficial to them in
accordance with the law.

Under LGC (Section 33)

1) Consolidation and coordination may be done through
appropriate ordinances.
2) A public hearing should be conducted and the approval of the
sanggunian obtained.
3) An LGU can:

A. Contribute funds, real estate, equipment and other
kinds of property
B. Appoint/assign personnel under such terms and
conditions as may be agreed upon by the
participating LGUs through Memoranda of
Agreement.

Section 14. REGIONL DE'ELOPMENT COUNCILS

Who can provide for #DC
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

Section 15. UTONOMOUS REGIONS

Where:

1) Muslim Mindanao
2) Cordillera region

Factors:

1) Historical heritage
2) Cultural heritage
3) Economic and social structures,

4) Other relevant characteristics within:
A. The framework of the consititution
B. National sovereignty
C. Territorial integrity.

Creation:

1) Provided by law.
2) EFFECTVTY of such creation occurs only when it is
approved by a majority of the votes cast in a plebiscite held
among the constituent units.
3) Only those Provinces, Cities, and Geographical Areas voting
favorably in such plebiscite shall form part of the autonomous
region.
4) f only 1 province approved the law, NO AUTONOMOUS
REGON created, since the constitution requires more than
one province to constitute one (like what happened in the
Cordillera plebiscite)
5) The question of which LGU's shall constitute an autonomous
region is one which is exclusively for Congress to decide.
Section 16. GENERL SUPER'ISION O'ER UTONOMOUS
REGIONS

By Whom:
The President

Purpose:
To ensure that the laws are faithfully executed.

SEC. 17. AII powers, functions and responsibiIities not granted
by this Constitution or by Iaw to the autonomous region shaII
be vested in the NationaI Government.

Examples: 1) Foreign relations,
2) National defense and Security
3) Monetary Affairs

Section 20. LEGISLTI'E POERS

The Organic Act of Autonomous #egion shaII provide for
IegisIative 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
Section 21. PRESER'TION OF PECE ND
ORDER/DEFENSE ND SECURITY

Peace and Order
t shall be the responsibility of the local police agencies.

Defense and Security
t shall be the responsibility of the national government.


A#TICLE XI: ACCOUNTABILITY OF PUBLIC OFFICE#S

Section 1: PUBLIC OFFICE AS A PUBLIC T#UST

PubIic officers and empIoyees must at aII times be
accountabIe to the peopIe, serve them with utmost
responsibiIity, integrity, IoyaIty and efficiency, act with
patriotism and justice and Iead modest Iives.

Section 2: IPEACHENT/#EOVAL F#O OFFICE

Impeachment: (as means of removaI from office)

1. Who may be impeached:

President
VP
SC Justices
Constitutional Commission members
Ombudsman

2. Grounds

Culpable violation of the Constitution
treason
bribery
graft and corruption
other high crimes or
betrayal of public trust

Note: t is an exclusive list. Congress cannot, by law, add to the list
of impeachable offenses.

3. These officers cannot be charged in court with offenses that
have removal from office as penalty.
4. The President cannot be charged with murder.
5. A SC Justice cannot be disbarred because this would
disqualify him from his position.
6. BUT AFTER an official has been impeached, he can be
charged with the appropriate offense.
7. 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

1. They may be removed from office as provided by law
2. BUT: NOT by impeachment



Section 3: P#OCEDU#E FO# IPEACHENT

Exclusive Power of House of Representatives

The House of Representatives has exclusive power to NTATE all
cases of impeachment.

Procedure:

1. Filling of verified complaint

a. Can be filed by:

1. Any member of the House of
Representatives or
2. Any citizen upon a resolution of
endorsement by any Member of the
House or
3. By at least 1/3 of all the Members of the
House of Representatives

2.) nclusion 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

a. There should be a hearing
b. There should be a majority vote of the
members
c. The report should be submitted within 60 days
from referral, after hearing, and by a majority
vote of ALL its members.

5.) Calendaring of resolution for consideration by the House
Should be done within 10 session days from receipt
thereof
6.) Vote of at least 1/3 of all Members of the House
necessary to:

a. Affirm a favorable resolution with the Articles of
mpeachment of the Committee or
b. To override its contrary resolution

Note: f 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 mpeachment. Trial in the Senate shall
proceed.

7.) Trial in the Senate

A. Senate has the sole power to try and decide all
cases of impeachment
B. For this purpose, the Senators shall be under
oath or affirmation
a. When the President of the Philippines is on
trial, the CJ of the Supreme Court presides.
However, he/she will not vote.

8.) Judgment of Conviction

This requires the concurrence of 2/3 of all the Members of the
Senate

9.) Effect of the mpeachment

a. Removal from office of the official concerned
b. Disqualification to hold any office under the
Republic of the Philippines
c. Officer still liable to prosecution, trial, and
punishment if the impeachable offense
committed also constitutes a felony or crime.


Section 4: SANDIGANBAYAN

Sandiganbayan = the anti-graft court


Sections 5-6, 8-14: OFFICE OF THE OBUDSAN

Composition:

1.) Ombudsman/Tanodbayan
2.) Overall deputy
3.) At least one Deputy each for Luzon, Visayas and
Mindanao
4.) Deputy for military establishment may be appointed

QuaIifications: (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. Engage in the practice of law in the Philippines

DisquaIifications/Prohibitions (under ArticIe 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

1. Of Ombudsman and deputies

a. 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
b. Appointments do NOT require confirmation
c. All vacancies shall be filled within 3 months
after they occur.

2. Of other officials and employees of the Office of the
Ombudsman

d. By the Ombudsman
e. n 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

#ank/SaIaries:

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. nvestigate 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. The SC held that the power to investigate and
prosecute cases involving public officers and
employees has been transferred to the
Ombudsman.
b. The Ombudsman may always delegate his
power to investigate.
c. The power to investigate includes the power to
impose preventive suspension.
d. This preventive suspension is not a penalty.
e. "NVESTGATE does not mean preliminary
investigation.
f. The complaint need not be drawn up in the
usual form.
g. The "LLEGAL act or omission need not be in
connection with the duties of the public officer
or employee concerned.
h. ANY illegal act may be investigated by the
Ombudsman. n 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 PERSUASVE POWER,
and may require that proper legal steps are
taken by the officers concerned.
b. The public official or employee must be
employed in:
(). The Government
(). Any subdivision, agency,
or instrumentality thereof; or
(). 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.


4.) Direct the officer concerned, in any appropriate case, and
subject to such limitations as may be provided by law to furnish it
with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of
public funds of properties, and report any irregularity to COA for
appropriate action.

5.) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.

6.) Public matters covered by its investigation when circumstances
so warrant and with due process

7.) 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

8.) 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.
n appropriate cases, it should notify the complainants of the action
taken and the result thereof.

FiscaI Autonomy:

The Office of the Ombudsman enjoys fiscal autonomy. ts
approved annual appropriations should be automatically and
regularly released.


Section 7: OFFICE OF THE SPECIAL PROCECUTOR

1. Under the 1987 Constitution, the existing Tanodbayan became
the Office of the Special Prosecutor

2. Powers
a. t will continue to function and exercise its
powers as now or hereafter may be provided
by law
b. Exception: Powers conferred on the Office of
the Ombudsman

3. 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: #ECOVE#Y OF ILL-GOTTEN WEALTH

Prescription, Laches, Estoppel

1.) 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.
2.) Their right to prosecute criminally these officials and employees
may prescribe.

Section 16: P#OHIBITION ON CE#TAIN FINANCIAL
T#ANSACTIONS

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
7.) Ombudsman
8.) Any firm or entity in which they have controlling interest

When prohibition appIies:

Prohibition applies during their TENURE.

Scope of prohibition:

1.) The above mentioned officials cannot obtain, directly or
indirectly for BUSNESS PURPOSES:
a. Loans
b. Guarantees
c. Other forms of financial accommodation
From:
1. Government owned or controlled
banks; or
2. Government owned or controlled
financial institutions.

2.) f the loan, etc, is NOT for business purpose, e.g. a housing
loan, the prohibition does not apply.


Section 17: Statements of assets, IiabiIities 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 decIaration shaII be discIosed to the pubIic:

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.) ncumbent public officers and employees who seek either:

a. Change his citizenship; or
b. Acquire immigrant status in another country
Shall be dealt with by law.

2.) f 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.

a. 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
This renunciation must be some other than, and prior to, the filling
of the certificate of candidacy.


ARTICLE XII NATIONAL ECONOMY AND PATRIMONY

SEC. 1. GOALS OF THE NATIONAL ECONOY

Three-foId goaI:

1. More equitable distribution of opportunities, income and wealth;
2. Sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and
3. Expanding productivity, as the key to raising the quality of life for
all.

The State shall promote industrialization and full employment

1. t should be based on sound agricultural development and
agrarian reform
2. t should be through industries that make full and efficient use of
human and natural resources. ndustries 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 mperium and Dominium

1. mperium
Government authority possessed by the State which is
appropriately embraced in sovereignty.

2. Dominium
a. The capacity of the State to own and acquire
property.
b. t 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:
Waters
Minerals, coals, petroleum, and other mineral oils;
All sources of potential energy;
Fisheries;
Forests or timber;
Wildlife;
Flora and fauna; and
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 DRECTLY UNDERTAKE such
activities
B. The state may enter into CO-PRODUCTON, JONT
VENTURE OR PRODUCTON-SHARNG arrangements with
1. Filipino citizen or
2. Corporation or association at least
60% of whose capital is owned by
such citizens

3. Limitations:
A. Period: t should not exceed 25 years, renewable for
not more than 25 years
B. Under terms and conditions as may be provided by
law.

4. n case of water rights/water supply/fisheries/industrial uses
other than the development of water power
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
large-scale 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. n 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 arine WeaIth

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.

Section 3. LANDS OF THE PUBLIC DOAIN A#E CLASSIFIED
INTO

1. Agricultural
2. Forest/timber
3. Mineral lands &
4. National Parks

Note:
1. Classification of public lands is an exclusive prerogative of the
Executive Department through the Office of the President,
upon recommendation by the DENR.
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.

AIienabIe Iands of pubIic 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 ACQURE not more than 12 hectares by
purchase, homestead or grant

Taking into account the requirements of conservation, ecology and
development, and subject to the requirements of agrarian reform,
Congress shall determine by law the size of the lands of the public
domain which may be acquired, developed, held or lease and the
conditions therefore.
eans by Which Lands of the PubIic 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 ALENABLE
(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. Here, in possession since time immemorial,
presumption is that the land was never part of public
domain.
C. n computing 30 years, start from when land was
converted to alienable land, not when it was still
forest land
D. Presumption is that land belongs to the State.


Section 4. Congress shaII, as soon as possibIe, determine by
Iaw, the specific Iimits of forest Iands and nationaI parks,
marking cIearIy their boundaries on the ground. Thereafter,
such forest Iands and nationaI parks shaII be conserved and
may not be increased or diminished, EXCEPT by Iaw.
Congress shaII provide measures to prohibit Iogging in
a. Endangered forest and
b. Watershed areas
for such period as it may determine.
Section 5. NCESTRL LNDS

Protection of Indigenous CuIturaI 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. n determining ownership and extent of ancestral domain,
Congress may use customary laws on property rights and
relations.

3. "ANCESTRAL DOMAN
A. t 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. PRI'TE LNDS
GeneraI ruIe

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

2. Exceptions

A. n intestate succession, where an alien heir of a
Filipino is the transferee of private land.
B. A natural born citizen of the Philippines who has lost
his Philippine citizenship may be a transferee of
PRVATE ALND, subject to limitation provided by
law. Hence, land can be used only for residential
purposes. n this case, he only acquires derivative
title.
C. 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 mortgages 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.

#emedies to recover private Iands from disquaIified aIiens:

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 pari delicto principle has been abandoned
B. Alien still has the title (didn't pass it on to one who is
qualified)

Section 10. NTIONL ECONOMY ND
PTRIMONY/IN'ESTMENTS
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.

NationaI Economy and Patrimony

n the grant of rights, privileges and concessions covering the
national economy and patrimony, the State shall give preference to
QUALFED Filipinos.


Section 11. FRNCHISES 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


PubIic utiIity

1. n 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. t is the government which
operates the public utility (operation separate from ownership).

To whom granted:

1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and
at least 60% of the capital is owned by Filipino citizens.

Terms and conditions:

1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character
3. Franchise is granted under the condition that it is subject to
amendment, alteration, or repeal by Congress when the
common good so requires.
Participation of Foreign Investors

1. The participation of foreign investors in the governing body of
any public utility enterprise shall be limited to their
proportionate share in its capital.
2. Foreigners cannot be appointed as the executive and managing
officers because these positions are reserved for Filipino
citizens.
Section 16. FORMTION/ORGNIZTION/REGULTION OF
CORPORTIONS

1. Private corporations
Congress can only provide for the formation, etc of
private corporations through a general law.

2. GOCC's
They may be created by:
a. Special charters in the interest of the common
good and subject to the test of economic viability.
b. By incorporation under the general corporation
law.
Sections 18-19. SPECIL ECONOMIC POERS OF THE
GO'ERNMENT

1. Temporary takeover or direction of operations:
A. Conditions
i. National emergency and
ii. When the public interest requires
B. May be used against privately owned public utilities or
businesses affected with public interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and
conditions
E. No need for just compensation because it is only
temporary.

2. Nationalization of vital industries:
A. Exercised in the interest of national welfare or
defense
B. nvolves either:
i. Establishment and operation of vital
industries; or
ii. Transfer to public ownership, upon payment
of just compensation, public utilities and
other private enterprises to be operated by
the government.

Section 19. MONOPOLIES

1. The Constitution does NOT prohibit the existence of
monopolies.
2. The State may either regulate or prohibit monopolies, when
public interest so requires.
3. Combinations in restraint of trade or unfair competition are
prohibited.

FiIipino citizenship or equity requirements:

ACTVTY REQUREMENTS
CTZENSHP AND/OR EQUTY

Exploitation of natural resources
1. Filipino citizens; or
2. Corporations incorporated in RP, with 60%
Filipino ownership

Operation of Public Utilities
1. Filipino citizens; or
2. Corporations incorporated in RP, with 60%
Filipino ownership

Acquisition of alienable lands of the public domain

1. Filipino citizens;
2. Corporations incorporated in RP, with 60%
Filipino ownership;
3. Former natural-born citizens of RP, as
transferees, with certain legal restrictions; and
4. Alien heirs as transferees in case of intestate
succession.

Practice of ALL Professions
Filipino citizens only (natural persons)

*Congress may, by law,
otherwise prescribe

Mass Media
1. Filipino citizens; or
2. Corporations incorporated in RP, and 100%
Filipino owned

Advertising
1. Filipino citizens; or
2. Corporations incorporated in RP, and 70%
Filipino owned.

Educational institution
1. Filipino citizens; or
2. Corporations incorporated in RP, with 60%
Filipino ownership
EXCEPT: Schools established by religious
groups and mission boards.
*Congress may, by law, increase Filipino equity
requirements for ALL educational institutions.
Other economic activities Congress may, by
law, reserve to Filipino citizens or to corporations
60% Filipino owned (or even higher) certain
investment areas.


ARTCLE X SOCAL JUSTCE AND HUMAN RGHTS

Social Justice

1) Social justice in the Constitution is principally the embodiment
of the principle that those who have less in life should have
more in law.
2) The 1987 Constitution advances beyond what was in previous
Constitutions in that it seeks not only economic social justice
but also political social justice.

Principal activities in order to achieve social justice

1) Creation of more economic opportunities and more wealth;
and
2) Closer regulation of the acquisition, ownership, use and
disposition of property in order to achieve a more
equitable distribution of wealth and political power.

Labor

Section 3 of Article X elaborates on the provision in Article
by specifying who are protected by the Constitution, what
rights are guaranteed, and what positive measures the state
should take in order to enhance the welfare of labor.
Right to organize and to hold peaceful concerted activities

The right to organize is given to all kinds of workers BOTH in the
PRVATE and PUBLC 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 Iaw". 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 #eform

GoaIs:

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

t 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 #ights

Composition:

1) Chairman; and
2) 4 members

QuaIifications:

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) nvestigate 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.


A#TICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY,
A#TS, CULTU#E, AND SPO#TS

EDUCATION

GoaIs 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.

#ight 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) t 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.

#eguIation of #ight 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.

EducationaI Institutions

. Filipinization
A. Ownership:
1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-
owned.
EXCEPT: Schools established by religious
groups and mission boards.
3). Congress may increase Filipino equity requirements
in ALL educational institutions.

B. Control and Administration:
1). Must be vested in Filipino citizens
2). Refers to line positions, such as President, Dean,
Principal, and Trustees
3). Faculty members may be foreigners.

C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively
for aliens. Aliens can only comprise up to 1/3 of total
enrollment.
2). EXCEPTONS: Schools established for foreign
diplomatic personnel and their dependents, and unless
otherwise provided for by law for other foreign temporary
residents.

. Tax Exemptions
A. Non-stock, non-profit educational institutions:
1) All revenues and assets actually, directly and
exclusively used for educational purposes are exempt
from taxes and duties.
2) This is self-executory.

B. Proprietary educational institutions, including cooperatives:
1) Entitled to exemptions as may be provided by law,
including restrictions on dividends and re-investment
2) Requires an enabling statute
3) Grants, endowments, donations and contributions
actually, directly and exclusively used for educational
purposes are exempt from taxes, subject to conditions
prescribed by law.

. Academic Freedom

A. Educational nstitutions
Schools have the freedom to determine:
1) Who may teach,
2) What may be taught,
3) How it shall be taught, and
4) Who may be admitted to study.

B. Faculty members
1) Full freedom in research and in the publication of the
results, subject to the adequate performance of their
other academic duties.
2) 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.
3) When faculty members speak or write in their capacity
as citizens, then they are free from institutional
censorship or discipline.

C. Students
They have the right to enjoy in school the guarantees of
the Bill of Rights.

D. Limitations
1) Dominant police power of the State
2) Social interest of the community

E. Budgetary Priority:
1). Education must be assigned the highest budgetary
priority.
2). 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.


#eIigious Education in PubIic SchooIs:

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) nstructors are designated and approved by the proper religious
authorities; and
4) WTHOUT ADDTONAL COST TO THE GOVERNMENT.


Section 6. Language

1) National language: Filipino
2) Official Languages: Filipino, and unless otherwise provided by
law, English.
3) Regional languages are auxiliary to the official languages.
4 (Spanish and Arabic are promoted only on an optional and
voluntary basis.


A#TICLE XVI - GENE#AL P#OVISIONS

Sections 1-2. SymboIs of NationaIity

1) Flag

Red, white, and blue.
With a sun and 3 stars
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
NATONAL REFERENDUM.


Section 3. State Immunity

SuabiIity 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: f he acted pursuant to his official
duties, without malice, negligence, or bad faith,
they are 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

A. 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.

B. mplied consent:

1). The State enters into a private contract.

a). The contract must be entered into by the
proper officer and within the scope of his
authority.
b). 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.
3). Suit against an incorporated government agency.

a) This is because they generally conduct
propriety business operations and have
charters which grant them a separate juridical
personality.

4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist
a claim.

Garnishment of government funds:

1) GENERAL RULE: NO. Whether the money is deposited by way
of general or special deposit, they remain government funds
and are not subject to garnishment.
2) EXCEPTON: A law or ordinance has been enacted
appropriating a specific amount to pay a valid government
obligation, then the money can be garnished.

Consent to be sued is not equivaIent to consent to IiabiIity:

1) The Fact that the State consented to being sued does not mean
that the State will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot
be satisfied by writs of execution or garnishment against public
funds. Reason: No money shall be paid out of the public
treasury unless pursuant to an appropriation made by law.

Section 4. THE A#ED FO#CES OF THE PHILIPPINES

Composition:

A citizen armed force

Prohibitions and disquaIifications:

1) Military men cannot engage, directly or indirectly, in any partisan
political activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a
civilian position in the government, including GOCCs or their
subsidiaries.

The Chief of Staff:

1) Tour of duty: Not exceed to three years
2) EXCEPTON: n times of war or other national emergency as
declared by Congress, the President may extend such tour of
duty.
LAW ON PUBLIC OFFICE#S
PubIic 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.

EssentiaI eIements
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. nvested with authority to exercise some portion of the
sovereign power of the State
3. Powers/Functions defined by the enabling law
4. Duties are performed independently without control unless
those of an inferior
5. Continuing / permanent in nature

Distinctions

PubIic OfficiaI is an officer of the Government itself, as
distinguished from the officers and empIoyees of instrumentalities
of government.

Officer is distinguished from an empIoyee 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.

EIigibiIity
Eligibility is the state or quality of being legally fitted or
qualified to be chosen.
Qualification refer 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, of subscribing and filing of an official oath, and, in
some cases, the giving of an official bond.

Who are required to give an officiaI 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.


DisquaIifications
Disqualifications to hold public office are mental or
physical incapacity, misconduct or crime, impeachment, removal or
suspension from office, previous tenure of office, consecutive
terms, holding more than one office, relationship with the appointing
power, office newly created or the emoluments of which have been
increased, being an elective official, having been a candidate for
any elective position, and grounds under the local government
code.

n 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. Formal
qualifications are : citizenship, age, suffrage, residence, education,
ability to read and write, political affiliation, civil service examination


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. t 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. t 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. 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.

Designation
Designation is simply the mere imposition of new or
additional duties upon an officer to be performed by him in a special
manner. t presupposes that the officer is already in the service by
virtue of an earlier appointment, performing other functions.

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, de jure officer; usurper
De facto officer is one who has the reputation of being
the officer he assumed to be and yet is not a good officer in point of
law.

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.

Scope of Power
Scope of power of a public officer consists of those
powers which are expressly conferred upon him by the law under
which he has been appointed or elected; expressly annexed to the
office by the law which created it or some other law referring to it; or
attached to the office as incidents to it.

Ministerial power is when it is absolute, certain, and
imperative involving merely execution of a specific duty arising from
fixed and designated facts.

Discretionary power is when it requires the exercise of
reason and discretion in determining how or whether the act shall
be done or the course pursued.

odes of Termination of OfficiaI #eIations

Natural Causes
1. Expiration of the term or tenure of office
2. Reaching the age limit ( retirement)
3. Death or permanent disability

Acts / Neglect of Officer
1. Resignation
2. Acceptance of an incompatible office
3. Abandonment of Office
4. Prescription of Right to Office

Acts of the Government or People
1. Removal
2. mpeachment
3. Abolition of Office
4. Conviction of a crime
5. Recall

Preventive Suspension
Two Kinds:
1. Preventive Suspension Pending nvestigation
2. Preventive Suspension Pending Appeal

The duration of preventive suspension is coeval with the
period prescribed for deciding administrative disciplinary cases. f
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.

Other important concepts
HoId-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.

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 PROHBTED.

Compensation is not indispensable to a public office.

The next-in rank ruIe specifically applies only in cases
of promotion but it is not a mandatory requirement.

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.

OfficiaI immunity only protects public officials from tort
liability for damages arising from discretionary acts or functions in
the performance of their officials duties.



QuaIifications of EIective OfficiaIs

Thanks to Atty. Agra













EIection

Embodiment of the popular will, the expression of the
sovereign power of the people.

Components

Choice or selection of candidates to public office by popular
vote
Conduct of the polls
Listing of votes
Holding of Electoral campaign
Act of casting and receiving the ballots from the voters
Counting the ballots
Making the election returns
Proclaiming the winning candidates

#eguIar eIection refers to an election participated in by those
who possess the right of suffrage and
not disqualified by law and who are
registered voters

SpeciaI eIection is 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

PoIiticaI Parties

Definition (Omnibus EIection Code)

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

a. Established Record of the said parties, showing in past
elections
b. Number of ncumbent Elective Officials
c. dentifiable political organizations and strengths
d. Ability to fill a complete slate of candidates
e. Other analogous circumstances

Grounds for Challenging the Voter

a. llegal voters ( Not Registered / Using the name of another /
disqualified )
b. Based on certain illegal acts (Vote buying)

Ac6uisition of Juridical Personality

t is acquired upon registration with the COMELEC.

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.
Candidates

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. f he/she
files for more than one position, he shall not be eligible for all
unless he cancels all and retains one
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, he is already
covered by rules, restrictions and processes involving
candidates.
Grounds for dis6ualification

EIective
OfficiaI
s
Citiz
ensh
ip
Age Literacy Voter #esidenc
y
Pres/
Vice-
Pres
Natur
al
Born
40 Read and
Write
Registere
d
10 in
Philippine
s
Senator Natur
al
Born
35 Read and
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Registere
d
2 in
Philippine
s
District
Represe
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Natur
al
Born

25

Read and
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Registere
d in
District

1 in
District
Party-
List
Reps
Natur
al
Born
25 Read and
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Registere
d
1 in
Philippine
s
Local
Officials
Citiz
en
Pro
v/H
UC:
23
Oth
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May
or/V
M:2
1
Oth
er
S:1
8
Read and
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Filipino or
local
dialect
Registere
d in
Locality
1 in
Locality
ARMM
Govern
or
Natur
al
Born
35 Read and
Write
Registere
d in
ARMM
5 in
ARMM
ARMM
Legislat
ors
Natur
al
Born
21 Read and
Write
Registere
d in
District
5 in
District
1. Election offenses under Sec 68 of the Omnibus Election Code
(OEC)
2. Not possessing qualifications and possessing disqualifications
under the Local Government Code
2.1 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
2.2 Removed from office as a result of an administrative case
2.3 Convicted by final judgment for violating the oath of
allegiance to the Republic
2.4 Dual citizenship ( more specifically, dual allegiance)
2.5 Fugitives from justice in criminal or non-political cases
here or abroad
2.6 Permanent residents in a foreign country or those who
have acquired the right to reside abroad and continue to
avail of the same right
2.7 nsane or feeble-minded
3. Nuisance candidate
4. Violation of sec 73 of OEC with regard to certificate of
candidacy
5. Violation of sec 78 which is material misrepresentation of reqts
under sec. 74

* Dis6ualifications (from continuing as a candidate or from holding
the office if already elected):
Any candidate, who in an action or protest in which he is
a party is declared by final decision of a competent court guilty of,
or is found by the Commission of having:
A. Given money or other material consideration to influence,
induce or corrupt the voters or public officials performing
electoral functions.
B. Committed acts of terrorism to enhance his candidacy
C. Spent in his election campaign an amount in excess of
that allowed by the Omnibus Election Code )
D. Solicited, received or made any contribution prohibited
under this Code
E. Violated any of the following sections: Section 80, 83,
85,86,261
F. Permanent resident of or an immigrant to a foreign
country shall not be qualified to run for any elective office
UNLESS he/she has waived his/her status as a
permanent resident/immigrant of a foreign country in
accordance with the residence requirement provided for
under election laws.

Effect of a DisquaIification case (under #A 6646)

A. 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.
B. f 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

A. The term 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.
B. 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:
A. Certificate of candidacy has been filed to
put the election process in
mockery/disrepute or
B. To cause confusion among the voters by
the similarity of the names of the
registered candidates
C. 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

A. Exclusive ground: A material representation in the certificate of
candidacy is false.
B. The petition should be filed not later than 25 days from the
filing of the certificate of candidacy.
C. t should be decided not later than 15 days before the
election, after due notice and hearing.
Election Campaign/Partisan Political Activity

Definition
1) t refers to an act designed to promote the election or defeat of a
particular candidate/s to a public office

2) t includes:
A. 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.
B. 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.
C. Making speeches, announcements or
commentaries or holding interviews for or
against the election of any candidate for
public office.

D. Publishing or distributing campaign
literature or materials designed to support
or oppose the election of any candidate.
E. Directly or indirectly soliciting votes,
pledges or support for or against a
candidate.

3) When the acts enumerated above are NOT considered
an election campaign/partisan political activity

f 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, aggroupment, or coalition of parties.

RA 9006 FAR ELECTON ACT

Important Features:
1) Repeal of Sec. 67 of the OEC Now, any ELECTVE 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 Written and Printed
Materials (8.5 W x 14L)
Letters
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
Rally
streamers (3' x 8') NOT MORE THAN 2

Paid Advertisements at Discounted Rates
Print : 1/4
th

page in broadsheet and page in tabloid 3x a week
Television:
120 minutes for candidate for nationally elective office and
60 for local
Radio: 180
minutes for candidate for nationally elective office and 90
for local
COMELEC
free space (3 national newspaper for nationally elective
officials and 1 national newspaper for local) and airtime
(3 national
television networks for nationally elective officials and 1
station for local ) : equal allocation for all candidates for 3
calendar days

Authorized Expenses ( multiplied with the total number of
registered voters )
P 10 for president / vice president
P 3 for other candidates for every voter currently registered in
the constituency
P 5 for independent candidates and political parties
'oters
Qualifications

Age: 18 years old and over.
Residence
1. He /she should have resided in the
Philippines for one year and
2. Resided in the city/municipality
wherein he proposes to vote for at
least 6 months immediately
preceding the election.
Residence Requirement

f 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.

#A 8189 - VOTE#"S #EGIST#ATION ACT OF 1996
Q: Can there still be general registration of voters?
A: No more, because 8189 (7) provides for such only for the May
'98 elections

Q: hat kind of registration system do we have?
A: Continuing, Computerized and Permanent

Disqualifications
A. f 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.

B. 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:
1. UNLESS restored to his full civil and political rights in
accordance with law.
2. However, he shall regain his right to vote automatically
upon expiration of 5 years after service of sentence.

C. Insane or incompetent persons as declared by competent
authority.

Jurisdiction in nclusion/Exclusion cases

A. 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
B. Decisions may be appealed to the RTC within 5 days from
receipt of notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and
executory.
D. Note: Relate this to Article X of the Constitution which
provides that the COMELEC has no jurisdiction over questions
involving the right to vote.
E. 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 wiII be aItered:

Deactivation/ Reactivation
Exclusion/ nclusion
Cancellation of Registration in case of Death
New voters
Annulment of Book of Voters
Transfer of Residence


How is challenge to right to register effected?
Who any voter, candidate, political party representative
How in writing, stating grnds, under oath, proof of notice of
hearing

Deactivation means removing 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 ?
Sworn application for reactivation
Affidavit
Not later than 120 days before regular election and 90 days before
special election

AnnuIment 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
Postponement of Election
Causes

Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes

Effect
t is impossible to hold a free, orderly and honest election
in any political subdivision

COELEC can postpone the eIection (when decided by a
majority vote of the COMELEC sitting en banc, RA 7166):
A. Motu proprio
B. 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. t 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
Causes

Force majeure
Violence
Terrorism
Fraud
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.
Effects of above causes
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the
closing of the voting
C. 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)

AND the failure or suspension of the election would affect
the result of the election
Remedy
COMELEC can call for the holding or continuation of the
election not held, suspended, or which resulted in a failure to elect.
The election should be held not later than 30 days after the
cessation of the cause of the postponement or suspension of the
election or failure to elect. This is decided by the COMELEC, by a
majority vote of its members, sitting en banc.

RA 7941 Party-List System Act

Seeks to promote proportional representation

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
a. Religious sect or denomination, organization
b. Advocates violence
c. Foreign party or organization
d. Receives foreign support
e. Violates election law
f. Untruthful statements in its petition
g. Ceased to exist for at least one year
h. 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

ncumbent 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

How do we determine the number of party list seats in the
House of Reps?

(# of District Reps / 0.80) x 0.20 = # of party list
reps

O There are presently 208 legislative districts, according to the
Veterans Federation Case
O The 5 major political parties are now entitled to participate in
the party list system
O Parties receiving at least 2% of the total votes cast for the
party-list system shall be entitled to one seat each
O No party shall be entitled to more than 3 seats
O Currently, there are 260 seats. So 20 % of 260 is 52 seats. But
this is only a ceiling.



O 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.
Rules for Appreciation of Ballots

Liberal Construction in favor of the validity of the
ballot
Look at the ticket slate, consider locality or literacy
rate
Rule 211 of the OEC
ncumbency / Surname
Cannot ascertain STRAY VOTE
Pre-Proclamation Controversies
Definition
A. A pre-proclamation controversy 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.

B. t 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 have original jurisdiction while COMELEC
have appellate jurisdiction)
1. When election returns are delayed, lost or
destroyed (Sec.233)
2. Material defects in the election returns
(Sec. 234)
3. When election returns appear to be
tampered with or falsified. (Sec. 235)
4. Discrepancies in election returns (Sec.
236)

C. Those that can be filed with
COMELEC directly are the
ff:
ssue 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
ssue 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

ssues that may be raised in a pre-proclamation controversy
A. llegal composition or proceedings of the board of canvassers
B. 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.
C. The election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously manufactured,
or not authentic.
D. 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

A. Contested composition or proceedings of the board (under RA
7166)

t may be initiated in the board or directly with
COMELEC.

B. 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

A. Pre-proclamation controversies shall be heard summarily by
the COMELEC.
B. ts 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

t suspends the running of the period within which to file
an election protest or quo warranto proceedings.
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)
President
Vice-President
Senator
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.

BUT: Questions affecting the composition or proceedings of the
board of canvassers may be initiated in the board or directly with
COMELEC.

When pre-procIamation cases are deemed TE#INATED (#A
7166)

A. 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.

B. This is without prejudice to the filing of a regular election
protest by the aggrieved party.

C. HOWEVER: Proceedings MAY CONTNUE 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
Original Jurisdiction

COMELEC has ORGNAL jurisdiction over contests
relating to the elections, returns, qualifications of all elective:
Regional
Provincial
City officials
Appellate Jurisdiction

COMELEC has APPELLATE jurisdiction over all contests involving:
A. Elective MUNCPAL officials decided by trial courts of
GENERAL jurisdiction
B. Elective BARANGAY officials decided by trial courts
of LMTED 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 outs 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:
A. This only applies to questions of FACT. ( Flores v.
COMELEC, 184 SCRA 484)
B. t 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
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is
administrative/quasi-judicial
2.t is governed by the requirements of
administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.t is governed by the requirements of judicial
process
3) n 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 pre-proclamation controversy and becomes an
election contest cognizable by the RTC.
4) 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.

EIection Offenses ( SeIected Offenses)

Vote buying and vote-selling
A. 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 an 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
B. 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
C. Under RA 6646 (Prosecution of vote-buying/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 sympathizsrs 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 relates. 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

A. Who can be held liable
1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner

B. 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

A. Who can be held liable: Any head/official/appointing officer
of a government office, agency or instrumentality, whether
national or local, including GOCCs.

B. Prohibited acts
1.Appointing or hiring a new employee (provisional,
temporary or casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or
privilege to any government official or employee.

C. Period when acts are prohibited
1. 45 days before a regular election
2. 30 days before a special election

D. Exceptions
1. 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
2. n 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

A. Who can be heId IiabIe: Any public official or employee
including barangay officials and those of GOCCs/subsidiaries

B. Prohibited acts:
The release, disbursement or expenditure of public funds
for any and other kinds of public works
C. Period when acts are prohibited:
1. 45 days before a regular election
2. 30 days before a special election

D. Exception
1. maintenance of existing/completed public works
project.
2. work undertaken by contract through public bidding,
or by negotiated contract awarded before the 45 day
period before election
3. payment for the usual cooperation for working
drawings, specfications and other procedures
preparatory to actual construction including the
purchase of material and equipment and incidental
expenses for wages.
4. Emergency work necessitated by the occurrence of
a public calamity but such work shall be limited to
the restoration of the damaged facility.
5. Ongoing public work projects commenced before
the campaign period or similar projects under
foreign agreements.

Suspension of elective, provincial, city, municipal or barangay
officer

A. GeneraI ruIe: public official CANNOT suspend any of the
officers enumerated above during the election period.
B. Exceptions
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-
Graft and Corrupt Practices Act
n relation to registration of voters/voting
Unjustifiable refusal to register and vote
Voting more than once in the same election/voting when not a
registered voter
Voting in substitution for another with or without the latters'
knowledge and/or consent etc.

Other election offenses under R 6646

A. Causing the printing of official ballots and election returns by
printing establishments not on contract with COMELEC and
printing establishments which undertakes unauthorized
printing
B. Tampering, increasing or decreasing the votes received by a
candidate or refusing after proper verification and hearing to
credit the correct votes or deduct the tampered votes
(committed by a member of the board of election inspectors)
C. Refusing to issue the certificate of voters to the duly
accredited watchers (committed by a member of the BE)
D. Person who violated provisions against prohibited forms of
election propaganda
E. Failure to give notice of meetings to other members of the
board, candidate or political party (committed by the Chairman
of the board of canvassers)
F. A person who has been declared a nuisance candidate or is
otherwise disqualified who continues to misrepresent himself
as a candidate (Ex. by continuing to campaign) and any public
officer or private individual who knowingly induces or abets
such misrepresentation by commission or omission.
G. f the chairman of the BE fails to affix his signature at the back
of the official ballot, in the presence of the voter, before
delivering the ballot to the voter. (under RA 7166)
Prescription of Election Offenses
1. Election offenses shall prescribe after 5 years from the date of
their commission
2. f the discovery of the offense is made in an election contest
proceeding, the period of prescription shall commence on the
date on which the judgment in such proceedings becomes
final and executory
Jurisdiction of courts
A. RTC has exclusive original jurisdiction to try and decide any
criminal action or proceedings for violation of the Code.
B. MTC/MCTC have jurisdiction over offenses relating to failure
to register or vote.

ADINIST#ATIVE LAW
Powers of Administrative Agencies

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)

Definition of "Quasi-IegisIative power"
t 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-IegisIative power and IegisIative
power

1. LEGSLATVE power involves the discretion to determine what
the law shall be. QUAS-legislative power only involves the
discretion to determine how the law shall be enforced.
2. LEGSLATVE power CANNOT be delegated. QUAS-
legislative power CAN be delegated.

Tests of DeIegation (appIies to the power to promuIgate
administrative reguIations )

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.

Definition of Quasi-JudiciaI Power

t is the power of administrative authorities to make
determinations of facts in the performance of their official
duties and to apply the law as they construe it to the facts so
found. The exercise of this power is only incidental to the main
function of administrative authorities, which is the enforcement
of the law.
Determinative Powers

1.ENABLING powers
Those that PERMT the doing of an act which the law undertakes to
regulate and would be unlawful without government approval.
Ex. ssuance of licenses to engage in a particular business.

2.DIRECTING powers
Those that involve the corrective powers of public utility
commissions, powers of assessment under the revenue laws,
reparations under public utility laws, and awards under workmen's
compensation laws, and powers of abstract determination such as
definition-valuation, classification and fact finding

3. DISPENSING powers
Exemplified by the authority to exempt from or relax a general
prohibition, or authority to relieve from an affirmative duty. ts
difference from licensing power is that dispensing power sanctions
a deviation from a standard.

4. SUMMARY powers
Those that apply compulsion or force against person or property to
effectuate a legal purpose without a judicial warrant to authorize
such action. Usually without notice and hearing.
Ex. Abatement of nuisance, summary destraint, levy of property of
delinquent tax payers

5. E"UITABLE powers
Those that pertain to the power to determine the law upon a
particular state of facts. t refers to the right to, and must, consider
and make proper application of the rules of equity.
Ex. Power to appoint a receiver, power to issue injunctions

inds of dministrative Regulations
Requisites of a 'alid dministrative Regulation
1. ts promulgation must be authorized by the legislature.
2. t must be within the scope of the authority given by the
legislature.
3. t must be promulgated in accordance with the prescribed
procedure.
4. t must be reasonable

Need for Previous Notice and Hearing

1. General Rule: Administrative rules of GENERAL application
do NOT require previous notice and hearing.
2. Exception: When the legislature itself requires it and
mandates that the regulation shall be based on certain facts
as determined at an appropriate investigation.
3. f the regulation is in effect a settlement of a controversy
between specific parties, it is considered an administrative
adjudication, requiring notice and hearing.

Prescribing of Rates

t can be either:

1. LEGISLATIVE
f the rules/rates are meant to apply to all enterprises of a given
kind throughout the country.
No prior notice and hearing is required.

2. "UASI-JUDICIAL
f the rules and rates imposed apply exclusively to a particular
party, based upon a finding of fact. Prior notice and hearing is
required.

#equirement of PubIication

Administrative Regulations that MUST be published:

1. Administrative regulations of GENERAL application.
2. Administrative regulations which are PENAL in nature.

Administrative regulations that do NOT NEED to be PUBLISHED:

1. nterpretative regulations
2. nternal rules and 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 'alid dministrative Regulation with a
PENL 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-udicial Power

1. Jurisdiction
2. Due process

Administrative Due Process : #equirements

1. Right to Notice, be it actual or constructive
2. Reasonable opportunity to appear and defend his rights and to
introduce witnesses
3. mpartial tribunal with competent jurisdiction
4. Finding or decision supported by substantial evidence

Exceptions to the Notice and Hearing #equirement

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 distraint and levy of properties of a delinquent
taxpayer
9. Replacement of a temporary or acting appointee

Questions #eviewabIe on JudiciaI #eview:

1. "uestions of FACT
The general rule is that courts will not disturb the findings of
administrative agencies acting within the parameters of their own
competence so long as such findings are 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. "uestion of LAW
Administrative decision may be appealed to the courts
independently of legislative permission.
t 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.

DSTNCTONS LEGSLATVE NTERPRETATVE
1. Capacity that
administrative
agency is acting
in
Legislative Judicial
2. What
administrative
agency is doing
t supplements the statute
by filling in the details
t says what the statute
means
3. Force and
effect
Legislative regulations have
the force and effecr of law
immediately upon going into
effect. Such is accorded by
the courts or by express
provision of statute.
Merely persuasive/
Received by the courts
with much respect but
not accorded with
finality
Doctrine of FinaIity

Courts are reluctant to interfere with action of an administrative
agency prior to its completion or finality, the reason being that
absent a final order or decision, power has not been fully and finally
exercised, and there can usually be no irreparable harm.
EXCEPTIONS: nterlocutory order affecting the merits of a
controversy; Preserve status quo pending further action by the
administrative agency; Essential to the protection of the rights
asserted from the injury threatened; Officer assumes to act in
violation of the Constitution and other laws; Order not reviewable in
any other way; Order made in excess of power

Doctrine of Primary Jurisdiction

1. This doctrine states that 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 even though 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 #emedies

1. Under this doctrine, 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.

2. Reasons :
a. to enable the administrative superiors to correct
the errors committed by their subordinates.
b. courts should refrain from disturbing the findings
of administrative. bodies in deference to the
doctrine of separation of powers.
c. courts should not be saddled with the review of
administrative cases
d. judicial review of administrative cases is usually
effected through special civil actions which are
available only if their is no other plain, speedy
and ade6uate remedy.
3. Exceptions

a. when the question raised is purely legal, involves
constitutional 6uestions
b. when the administrative body is in estopped
c. when act complained of is patently illegal
d. when there is urgent need for judicial intervention
e. when claim involved is small
f. when irreparable damage is involved
g. when there is no other plain, speedy , ade6uate
remedy
h. when strong public interest is involved
. when the subject of controversy is private land
j. in 6uo warranto proceedings
k. When the administrative remedy is permissive,
concurrent
l. utter disregard of due process
m. long-continued and unreasonable delay
n. amount involved is relatively small
o. when no administrative review is provided
p. respondent is a department secretary (DOCTRNE
OF QUALFED POLTCAL AGENCY ALTER
EGO DOCTRNE)

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.


PUBLIC CO#PO#ATION
Definition of pubIic corporation

t is formed or organized for the government of a portion of the
State (Corporation Code)

EIements of a municipaI 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. nhabitants 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. t exercises by delegation a part of the sovereignty of
the State
2. Private/proprietary
a. t 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 POLTCAL SUBDVSON of
the national government and as a CORPORATE ENTTY
representing the inhabitants of its territory.

Re6uisites for the Incorporation of a Municipal Corporation
1. Territory
2. Population
3. Charter

Re6uisites 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 6uo warranto proceeding brought by the State is the proper
remedy. t should be commenced within 5 years from the time the
act complained of was committed.

Creation of Local Government Units (LGUs)

1. Authority to Create LGUs ( 6, LGC)
By law enacted by Congress
Province
City
Municipality
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
3. ndicators for creation/conversion
a. ncome
b. Population
c. Land Area
4. Plebiscite Requirement
a. t applies to the creation, division, merger, abolition
or substantial alteration of boundaries of LGU.
b. Creation etc. should be approve by a majority of the
votes cast in a plebiscite called for the purpose in
the political unit or units directly affected.
5. 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
t 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
1. Administrative Autonomy
a. The central government delegates administrative
powers to the political subdivisions.
b. Purposes
To broaden the local power base
To make the units more responsive and accountable
To ensure the full development of LGUs into self-
reliant communities
To break the monopoly of the national government
over managing local affairs
To relieve the national government from the burden
of managing local affairs
2. Political Autonomy
a. nvolves the abdication of political power in favor of
LGUs declared to be autonomous
b. t would amount to self-immolation because the
autonomous government would become
accountable to its constituency, not to the central
government.

Devolution
t 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). t is considered mandatory under
the LGC.

Distinction between Supervision and Control
1. Supervision
a. t means the overseeing or the power or authority of
an officer to see that the subordinate officers
perform their duties.
b. n 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.
c. 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.
2. Control
a. t 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.
b. n relation to LGUs, it is Congress which exercises
control over them.

Police Power
1. Police power is not inherent in municipal corporations. Under
the LGC, LGUs exercise police power under the general
welfare clause (See 16)
2. Branches of the general welfare clause
a. 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.
b. The second branch is more independent of the
specific functions of the council. t 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
1. Requisites for Valid Exercise [CODE: OPJO]
a. ORDNANCE authorizing the local chief executive to
subject a certain property to expropriation
b. Expropriation should be for a PUBLC
USE/PURPOSE or for the WELFARE of the
POOR/LANDLESS.
c. Payment of JUST COMPENSATON
d. Valid and definite OFFER TO PAY which was NOT
accepted.
2. Role of Supervising Local Government Unit
t 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)
3. Role of National Government
The approval of the national government is not required for
local governments to exercise the power of eminent domain.
4. Role of Judiciary
a. Can inquire into the legality of the exercise of the right.
b. Can determine whether there was a genuine necessity
5. Only cities and municipalities can reclassify agricultural lands
through the proper ordinance after conducting public hearings
for the purpose.
6. Grounds for Reclassification
a. When the land ceases to be economically feasible
and sound for agricultural purposes as determined
by the Department of Agriculture.
b. When the land shall have substantially greater
economic value for residential, commercial or
industrial purposes as determined by the
Sanggunian concerned.

Taxation
1. Power to tax of LGUs is now pursuant to direct authority
conferred by the 1987 Constitution.
2. Since LGUs have no inherent power to tax, their power must
yield to a legislative act.

Legislative Power
1. Local chief executive (except for punong barangay because
he is already a member of the Sangguniang barangay) has to
approve the ordinance enacted by the council.
2. Veto power of local chief executive. ( 55)
a. Grounds
1. Ultra vires
2. Prejudicial to public welfare
b. tem veto
1. Appropriations ordinance
2. Ordinance/resolution adopting local
development plan and public investment
program
3. Ordinance directing the payment of money or
creating liability.
3. Review by Higher/Supervising Council
a. The higher council can declare the
ordinance/resolution invalid if it is beyond the scope
of the power conferred upon the lower Sanggunian.
b. For barangay ordinances, the higher council can
also rule that it is inconsistent with law or
city/municipal ordinances.

Corporate Powers (Sec. 22)
1. To have continuous succession in its corporate name
2. To have and use a corporate seal
3. To acquire and convey real or personal property
4. To enter into contracts
5. To exercise such other powers as are granted to corporations,
subject to limitations in LGC/other laws.

QuaIifications of EIective LocaI OfficiaIs ( 39)
1. Filipino citizen
2. Registered voter in the barangay, municipality, city or province
where he intends ti be elected/Registered voter in the district
where he intends to be elected in case of a member of the
Sangguniang panlalawigan, Sangguniang panlungsod or
Sangguniang bayan.
3. Resident therein for at least 1 year immediately preceding the
day of the election.
4. Able to read and write Filipino/ any other local language or
dialect
5. Age requirement

AGE REQUREMENT
POSTON

at least 23 years old on election day
A. Governor

B. Vice-Governor

C. Mayor, Vice-Mayor, member of Sangguniang
Panglungsod of highly urbanized
cities

at least 21 years old
A. Mayor,

B. Vice-Mayor
of independent component cities,
component cities or municipalities

at least 18 years old on election day
A. Member of Sangguniang Panglungsod

B. Member of Sangguniang Bayan

C. Punong Barangay

D. Member of Sangguniang Barangay

Disqualifications for Local Elective Officials (Sec. 40)
1. Those sentenced by final judgment for an offense involving
moral turpitude, or for an offense punishable by 1 year or more
of imprisonment within 2 years after serving sentence
2. Those removed from office as a result of an administrative
case.
3. Those convicted by final judgment for violating the oath of
allegiance to the Republic
4. Those with dual citizenship
5. Fugitives from justice in criminal or non-political cases here or
abroad
6. Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the
same right after the effectivity of this Code
7. The insane or feeble minded

Term of Office
1. Term of office: 3 years
2. No local elective official shall serve for more than 3
consecutive terms in the same position
3. Voluntary renunciation of the office for any length of time shall
be considered an interruption in the continuity of service for
the full term for which the elective official concerned was
elected.

Vacancies
1. Permanent vacancy
a. Grounds
1.Elective local official fills a higher vacant office
2.Refuses to assume office
3.Fails to qualify
4.Dies
5.Removed from office
6.Voluntarily resigns
7.Permanently incapacitated to discharge the functions of
his office
b. Filling of vacancy
1.Automatic succession

2. By appointment

VACANCY APPONTMENT BY WHOM
1. Sanggunian Panlalawigan or
Panlungsod of highly urbanized
cities and independent
component cities
President, through Executive
Secretary
2. Sangguniang Panlungsod of
Component Cities, Sangguniang
Bayan
Governor
3. Sangguniang Barangay City/Municipal Mayor upon
Recommendation of the
Sanggunian barangay concerned

c. Ranking- t is determined on the basis of proportion of
votes obtained by each winning candidate to the total
number of registered voters in each district in the
immediately preceding local election

d. The general rule is that the successor (by
appointment) should come from the same political party
as the Sanggunian member whose position has become
vacant. The exception would be in the case of vacancy in
the Sangguniang barangay.

2. Temporary 'acancy
a. Grounds (not exclusive list)
1.Leave of absence
2.Travel abroad
3.Suspension from office

b. f the positions of governor, mayor or punong
barangay become temporarily vacant, the vice-
governor, vice-mayor or highest ranking Sanggunian
member will automatically exercise the powers and
perform the duties and functions of the local chief
executive concerned.

c. Exception: He/she cannot exercise the power to
appoint, suspend or dismiss employees. Exception
to exception: f the period of temporary incapacity
exceeds 30 working days.

d. Termination of temporary incapacity
1. Upon submission to the appropriate
Sanggunian of a written declaration by the
local chief that he has reported back to office
2. F the temporary incapacity was due to legal
reasons, the local chief executive should also
submit necessary documents showing that
the legal causes no longer exist.

3. ppointment of OIC
a. The local chief executive can designate in writing an
OC if he is traveling within the country but outside
his territorial jurisdiction for a period not exceeding 3
consecutive days.
b. The OC cannot exercise the power to appoint,
suspend or dismiss employees.

4. Omnibus Election Code (Sec. 67)
Any elective official, whether national or local, running for
any office other than the one which he is holding in a
permanent capacity, except for President and Vice-
President, shall be considered ipso facto resigned from
his office upon filing of his certificate of candidacy.


Grounds for DiscipIinary Actions (Sec. 60)
An elective local official may be disciplined, suspended or removed
from office on any of the following grounds:

1. Disloyalty to the Republic of the Philippines
2. Culpable violation of the Constitution
3. Dishonesty, oppression, misconduct in office, gross
negligence, dereliction of duty
4. Commission of any offense involving moral turpitude or an
offense punishable by at least prision mayor
5. Abuse of authority
6. Unauthorized absence for 15 consecutive working days,
except in the case of members of the Sanggunian
panlalawigan, Sangguniang panlungsod, Sangguniang bayan,
Sangguniang barangay.
7. Application for or acquisition of foreign citizenship or residence
or the status of an immigrant of another country.
VACANCY SUCCESSOR
1. n the office of the governor,
mayor
Vice-Governor, Vice-Mayor
2. n the office of the governor,
vice-governor, mayor or vice-
mayor
Highest ranking Sanggunian
member
3. n the office of the highest
ranking Sanggunian member
(who was supposed to fill the
vacant position of governor etc.
Second highest ranking
Sanggunian member
4. n the office of the punong
barangay
Highest ranking sangguniang
barangay member/2nd highest
ranking sanggunian member
8. Such other grounds as may be provided by the Code/other
laws.

Preventive Suspension (Sec. 63)

1. When can it be imposed
a. After the issues are joined
b. When the evidence of guilt is strong
c. Given the gravity of the offense, there is great probability
that the continuance in office of the respondent could
influence the witnesses or pose a threat to the safety and
integrity of the records and other evidence
2. Who can impose preventive suspension

MPOSED BY:

RESPONDENT LOCAL OFFCAL
1. President Elective official of a province, highly
urbanized or ndependent component city
2. Governor Elective official of a component city or
municipality
3. Mayor Elective official of a barangay

3. Duration of preventive suspension
a. Single preventive suspension should not exceed 60
days.
b. F several administrative cases are filed against an elective
official, he 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

1. t should not exceed the unexpired term of the respondent or a
period of 6 months for every administrative offense.
2. 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

t serves as a BAR to the candidacy of the respondent for any
elective position.

Recall ( 69-75)

1. By whom Exercised
t is exercised by the registered voters of a LGU to which
the local elective official subject to recall belongs.

2. GROUNDS = Loss of confidence

3. nitiation of Recall Process

Preparatory Recall Assembly ( PRA)

1. Composition

LEVEL COMPOSTON
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

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

Petition by Registered Voters

1. 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.
2. The written petition for recall should be duly signed before the
election registrar or his representativ and in the presence of
the representative of the petitioner and the official sought to be
recalled.
3. t should be signed in a public place
4. Petition should be filed wit COMELEC through its office in the
LGU concerned
5. Publication of petition for 10-20 days in order to verify the
authenticity and genuineness of the petition and the required
% of voters.

Recall Election
a. The official/s sought to be recalled are automatically
considered as duly registered candidates.
b. 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
a. Recall will only be effective upon the election and
proclamation of a successor.
b. F 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
a. Elective local official can be the subject of a recall election
only onece during his term of office
b. No recall shall take place within 1 year from the date of the
officials assumption to office or 1 year immediately preceding
a regular local election.

nitiative ( 120-125)

Definition of Local Initiative

t is the legal process whereby the registered voters of a LGU may
directly propose, enact or amend any ordinance

Note: n Garcia v. Comelec, the SC ruled that a resolution can also
be the proper subject of an initiative

Who May Exercise Power

t may be exercised by all registered voters of the provinces, cities,
municipalities, barangays.

Procedure
a. Number of voters who should file petition with Sanggunian
concerned
1. Provinces and cities - at least 1000 registered
voters
2. Municipality - at least 100
3. Barangay - at least 50

b. Sanggunian concerned has 30 days to act on the petition. f
the Sanggunian does not take any favorable action, the
proponents may invoke the power of initiative, giving notice to
Sanggunian.

c. Proponents will have the following number of days to collect
required number of signatures
1. Provinces and cities - 90 days
2. Municipalities - 60 days
3. Barangays -30 days

d. Signing of petition

e. Date for initiative set by Comelec if required number of
signatures has been obtained.

Effectivity of Proposition

a. f 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.

b. F it fails to obtain required number of votes, it is considered
defeated

Limitations

a. t should not be exercised more than once a year.

b. t can only extend to subjects or matters which are within the
legal powers of the Sanggunians to enact.
c. f the Sanggunian adopts in toto the proposition presented and
the local chief executive approves the same, the initative shall
be cancelled.
Limitations upon Sanggunians

a. 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.

b. The Sanggunian can amend, modify or repeal the
proposition/ordinance w/in 3 years thereafter by a vote of of
all its members.

c. For barangays, the applicable period is 18 months.

#eferendum ( 126-127)

Definition
t 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
a. Violation of the Constitution
b. Want of capacity of the Sanggunian concerned to
enact the measure.



PUBLIC INTE#NATIONAL LAW

InternationaI Iaw is that branch of public law which
regulates the relations of States and of other entities which have
been granted international personality (e.g. the UN). Modern
international law after World War , however, now deals not only
with the relations between states, but also their relations with
persons, natural or juridical (e.g. int'l human rights law).

Distinction between a subject and object of internationaI Iaw

A subject is 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. Subjects include: states, colonies, the
Holy See, the United Nations.

An object is 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. Traditionally, individuals
have been considered merely as objects, not subjects, of
international law; however, modern L now grants, primarily through
treaties, a certain degree of international personality to individuals
(e.g. individuals are granted by treaty the power to sue before the
European Court of Human Rights).

Divisions of InternationaI Law

1) LAWS OF PEACE- Governs the normal relations of States
2) LAWS OF WAR - Rules during periods of hostility
3) LAWS OF NEUTRALTY- rules governing States not involved
in the hostilities

#eIation to unicipaI Law

2 'IES:
1) DOCTINE OF INCO#PO#ATION - 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) DOCT#INE OF T#ANSFO#ATION - 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.

2 THEORIES:
1) DUALIS domestic and international law are independent of
each other, as they regulate different subject matter. L
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. f L is applied within
a state, it is only because it has been expressly incorporated
by municipal law. The Philippines is a dualist state.

2) ONIS 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. f conflict exists between
international law and municipal law, international law must
prevail. Germany is a monist state.

Sources of InternationaI Law

Article 38 of the Statute of the nternational Court of
Justice (CJ) is considered the authoritative enumeration of the
sources of nternational Law.

A) P#IA#Y

1. T#EATY / INTE#NATIONAL CONVENTIONS - Generally, a
treaty only binds the parties. However, treaties may be
considered a direct source of nt'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).

2. CUSTO - Practices which, through persistent usage, have
grown to be accepted by States as legally binding. 2
Elements:
1. STATE P#ACTICE a consistent and uniform
external conduct of States. Generally, both what
states say and what they do are considered state
practice.
2. OPINIO JU#IS - 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.

Q: hat is 'INSTNT' CUSTOM?
A: Customary law may emerge even within a relatively short
passage of time, if within that period, State Practice has been
uniform and extensive. (ex. Law on the Continental Shelf) Thus,
int'l law does NOT always require a long period of time to elapse
before conduct is considered customary.

3. GENE#AL P#INCIPLES OF LAW - Principles common to most
national systems of law; rules based on natural justice. ex. good
faith, estoppel, exhaustion of local remedies.

B) SECONDA#Y

1. JUDICIAL DECISIONS - a subsidiary means for the
determination of rules of law (e.g., determining what rules of
customary L 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.

2. TEACHINGS OF PUBLICISTS -- The word 'Publicist' means
'learned writer.' Learned writings, like judicial decisions, can be
evidence of customary law, and can also play a subsidiary role
in developing new rules of law. 2 Requisites:
1. Fair and impartial representation of law.
2. By an acknowledged authority in the field.

State

A ) ELEENTS OF A STATE:
A State should possess the following qualifications (Art.
1, Montevideo Convention):

1) a permanent population;
2) a defined territory;
3) government;
4) capacity to enter into relations with other States.

B) DISTINCTIONS BETWEEN SOVE#EIGNTY AND
INDEPENDENCE

A. SOVEREGNTY is the broader term. t refers to the
supreme and uncontrollable power inherent in the State by which
such State is governed. t has 2 aspects:
1. NTERNAL- freedom of the State to manage
its own affairs.
2. EXTERNAL- freedom of the State to direct its
foreign affairs.

B. NDEPENDENCE is synonymous with external
sovereignty. t is defined as the power of a State to manage its
external affairs without direction or interference from another State.

C) P#INCIPLES OF STATE SUCCESSION

A. STATE SUCCESSON is the substitution of
one State by another, the latter taking over the rights and some of
the obligations of the former.

B. 2 types of State Succession:

1. UNIVE#SAL- 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.
2. PA#TIAL - 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.

C. Effects of State Succession

1. The allegiance of the inhabitants of the predecessor
State is transferred to the successor State.

2. 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.
3. The public property of the successor State is
acquired by the successor State but not the tort
liability of the former.
4. 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.

D) SUCCESSION OF GOVE#NENT

1. n 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. f effected by peaceful means, the new government
inherits all rights and obligations of the old
government.
b. f 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.
f the obligations are the consequence of the
routinary act of administration of the old
government, they should be respected.

E) TE##ITO#Y

1. Methods used in defining the territorial sea
a. 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.
b. 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.

2. Some modes of acquisition:
a. Cession
t 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
t 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
t 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.

F) #IGHT OF LEGATION

a. t is the right of a state to maintain diplomatic relations
with other states.
b. Types:
1. Active- right to send diplomatic representatives
2. Passive- right to receive diplomatic rep

Treaties

1) DEFINITION ( Art. 2, Vienna Convention on the Law of Treaties)

A TREATY is: 1) an international agreement
2) concluded between States
3) in written form
4) governed by international law
5) embodied in a single instrument or in 2 or
more related instruments.

Q: If not in writing, is it still considered a treaty?
: Yes. Oral agreements between States are recognized as
treaties under customary international law (but are extremely rare
nowadays).

2) DISTINGUISHED F#O EXECUTIVE AG#EEENTS

A. Subject matter of Treaties [Code: PCI]

1. Political ssues
2. Changes in National Policy
3. Involve international arrangements of a permanent
character

B. Subject atter of Executive Agreements [Code:
TAAI ]

1. Have Transitory effectivity
2. Adjustment of details carrying out well-established
national policies and traditions
3. Arrangements of temporary nature
4. Implementation of treaties, statutes, well-established
policies

C. Need for ratification by the Senate

1. TREATES AND NT'L AGREEMENTS -- While the
Constitution vests the power to NEGOTATE
treaties with the President, such must be RATFED
by the 2/3 of the Senate to become valid and
effective (Art.7, Sec 21)
2. EXECUTVE AGREEMENTS do not need to be
ratified by the Senate

3) P#INCIPAL #ULES OF INTE#NATIONAL LAW IN
CONNECTION WITH T#EATIES

A. PACTA SUNT SE#VANDA - Every treaty in force is binding
upon the parties and must be performed by them in good faith.
- this applies despite hardships on the contracting State such
as conflicts between the treaty and its Constitution.

B. #EBUC SIC STANTIBUS - A party is not bound to perform a
treaty if there has been a fundamental change of
circumstances since the treaty was concluded.

1) it has been described as the exception to the rule of
pacta sunt servanda.
2) justifies the non-performance of a treaty obligation if the
subsequent condition in relation to which the parties
contracted has changed so materiaIIy and
unexpectedIy as to create a situation in which the
exaction of performance would be unreasonable.
3) Rebus sic stantibus may not be invoked as a ground for
terminating or withdrawing from a treaty:
a. if the treaty establishes a boundary
b. if the 'fundamental change' is the result of a breach by
the party invoking it of an obligation under the treaty or of
any other obligation owed to any other party to the treaty.

C. JUS COGENS - a rule which has the status of a peremptory
(i.e., absolute, uncompromising) norm of international law.

Elements:
1. a norm accepted and recognized
2. by the int'l community of States as a whole

3. as a norm from which no derogation is permitted.

4. t can only be modified by a subsequent norm having the
same character.
f a treaty, at the time of its conclusion, conflicts with jus
cogens, it is void.

Examples:
(1) prohibition against the unlawful use of force;
(2) prohibition against piracy, genocide, and slavery

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) Types of State responsibility
a. Direct responsibiIity-attaches to the state if the
wrongful act/omission was effected through any of
its superior organs acting on its behalf
b. Indirect responsibiIity

(3) 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).

SettIement of Disputes

1) AICABLE ETHODS
A. NEGOTATON- discussion by the parties of their
respective claims and counterclaims with a view to the
just and orderly adjustment.
B. NQURY - an investigation of the points in
question with the view that this will contribute to the
solution of the problem
C. GOOD OFFCES - 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.
D. MEDATON- 3rd party actively participates in the
discussion in order to reconcile the conflicting claims.
Suggestions of mediator are merely persuasive
E. CONCLATON- 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.
F. ARBTRATON- 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.

2) HOSTILE/NON-AICABLE ETHODS
A. RETORSON - is a IawfuI 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).
B. REPRSAL - 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.
Reprisals may be used only when other means of redress
(e.g. protests and warnings) have failed.

SPECIAL TOPICS
EXTRADITION

1) EXT#ADITION 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) PrincipIes:
a) PrincipIe of SpeciaIity - a fugitive who is extradited may
be tried only for the crime specified in the request for
extradition ARE included in the list of extraditable offenses in
the treaty.
b) Under the PoIiticaI offense exception, most extradition
treaties provide that political and religious offenders are not
subject to extradition.

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.
s he right?
: 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.

SSUE: 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. t 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.

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. GENE#AL ASSEBLY
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. t is also vested with jurisdiction over
matters concerning internal machinery ands operations of the UN.
2. SECU#ITY 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: maintenance of international peace and security.

Q: hat is the double veto?
A: n 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.

3. SEC#ETA#IAT - CHEF ADMNSTRATVE ORGAN OF THE UN
4. ECONOIC AND SOCIAL COUNCIL - organ charged with
promoting social progress and better standards of life in larger
freedom
5. T#USTEESHIP COUNCIL - organ charged with administration of
nt'l Trusteeship System.
6. INTE#NATIONAL COU#T OF JUSTICE - judicial organ of the UN.
USE OF FORCE

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:
1) self-defense
2) military action taken or authorized by the UN or competent
Regional organizations (such as NATO).
CALVO CLAUSE

A CALVO CLAUSE is a provision inserted in contracts,
in which the foreigner agrees in advance not to seek the diplomatic
protection of his national State.

n general, nternational 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 IUNITY (JU#E IPE#II and JU#E 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).
DIPLOMTIC IMMUNITY

Diplomatic mmunity 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. n 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) "OptionaI CIause" of the CJ:

As a rule, the CJ can operate only on the basis of the
consent of States to its jurisdiction. Such may take the form of a
speciaI agreement between States to submit an existing dispute
before the Court (i.e. compromis).
However, under the 'optionaI cIause' (art. 36(2), CJ
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) STA#E DECISIS does not apply to the CJ. Under the statute
of the Court, previous decisions have no binding force; in practice,
however, the Court always takes past decisions into account.

Q: hat does it mean to decide a case E EQUO ET BONO?
: t is to rule in justice and fairness -- equity overrides all other
rules of law. The CJ has no power to decide a case ex ae6uo
et bono, unless all parties agree thereto [art. 38(2), CJ
Statute].

Q: ho has standing before the IC?
: Only States may be parties in contentious proceedings before
the CJ (art 34, CJ Statute).