Ust 2013 Golden Notes-Political Law

POLITICAL LAW AND
PUBLIC
INTERNATIONAL
LAW
2013 GOLDEN NOTES

UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
MANILA
The UST GOLDEN NOTES is the annual student-edited bar review
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2013 Edition
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No. 01
Printed in the Philippines, April 2013.

ACADEMIC YEAR 2013-2014
CIVIL LAW STUDENT COUNCIL

VICTOR LORENZO L. VILLANUEVA PRESIDENT
MARIANE TINGCHUY VICE PRESIDENT INTERNAL
RONN ROBBY ROSALES VICE PRESIDENT EXTERNAL
MARIE SYBIL TROPICALES SECRETARY
RAFAEL LORENZ SANTOS TREASURER
LUIS ALFONSO E. ARTAIZ AUDITOR
GLORIA ANASTHASIA LASAM PUBLIC RELATIONS OFFICER
TEAM: BAR-OPS
BIENVENIDO L. MABULAC II CHAIRPERSON
VICENTE JAN PLATON III VICE-CHAIRPERSON
APRIL V. ENRILE SECRETARY
ERIKA PINEDA ASST. SECRETARY
CARLO ARTEMUS V. DIAZ HEAD, FINANCE COMMITTEE
WILFREDO P. SUDIO JR. ASST. HEAD, FINANCE COMMITTEE
MHAE ANN V. RIVERA ASST. HEAD, FINANCE COMMITTEE
CLARABEL ANNE R. LACSINA HEAD, HOTEL ACCOMMODATIONS COMMITTEE
VANNESSA ANNE VIRAY ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE
HAZEL M. NAVAREZ ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE
ARWIN V. CABANTING HEAD, LOGISTICS COMMITTEE
NATHANIEL LIBERATO ASST. HEAD, LOGISTICS COMMITTEE
ATTY. AL CONRAD B. ESPALDON

ADVISER
ACADEMICS COMMITTEE
ALJON D. DE GUZMAN CHAIRPERSON
MARK KEVIN U. DELLOSA VICE-CHAIR FOR ACADEMICS
ANTHONY M. ROBLES VICE-CHAIR FOR LAYOUT AND DESIGN
CLARABEL ANNE R. LACSINA MEMBER, LAYOUT AND DESIGN TEAM
RAFAEL LORENZ SANTOS MEMBER, LAYOUT AND DESIGN TEAM
JAMES BRYAN V. ESTELEYDES VICE-CHAIR FOR RESEARCH
MARIA JAMYKA S. FAMA MEMBER, RESEARCH TEAM
PAULINE BREISSEE GAYLE D. ALCARAZ MEMBER, RESEARCH TEAM
ROBBIE BAAGA MEMBER, RESEARCH TEAM
MONICA S. CAJUCOM MEMBER, RESEARCH TEAM
DOMINIC VICTOR C. DE ALBAN MEMBER, RESEARCH TEAM
OMAR DELOSO MEMBER, RESEARCH TEAM
ANNABELLA HERNANDEZ MEMBER, RESEARCH TEAM
MA. CRISTINA MANZO-DAGUDAG MEMBER, RESEARCH TEAM
WILLIAM RUSSELL MALANG MEMBER, RESEARCH TEAM
CHARMAINE PANLAQUE MEMBER, RESEARCH TEAM
POLITICAL LAW COMMITTEE

APRIL V. ENRILE POLITICAL LAW COMMITTEE HEAD
ANTHONY M. ROBLES ASST. POLITICAL LAW COMMITTEE HEAD
SHERYL C. ALVENDIA MEMBER
KEVIN JOHN D.L. AMPUAN MEMBER
REX CRIS N. ANGELES MEMBER
ZANDER A. ANTONIO MEMBER
PAULA BEATRIZ L. AZURIN MEMBER
JOANNE M. BESMONTE MEMBER
JOCELI JULIA E. EMBUSCADO MEMBER
LISETTE A. MANDOCDOC MEMBER
KRISTINE ROSSELLINI P. MANIEGO MEMBER
ANGELA MICHELLE A. PAGUIO MEMBER
ATTY. AL CONRAD B. ESPALDON

ADVISER
ATTY. RYAN CRISTOPHER A. MORENO

CONSULTANT
FACULTY OF CIVIL LAW
ACADEMIC OFFICIALS
ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABAO, O.P.

DEAN REGENT
ATTY. ARTHUR B. CAPILI

FACULTY SECRETARY
ATTY. ELGIN MICHAEL C. PEREZ

LEGAL COUNSEL
UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC
ATTY. AMADO E. TAYAG

SWDB COORDINATOR
LENY G. GADANIA, R.G.C.

GUIDANCE COUNSELOR
OUR DEEPEST APPRECIATION TO OUR
MENTORS & INSPIRATION
JUSTICE OSWALDO D. AGCAOILI
ATTY. ENRIQUE V. DELA CRUZ
ATTY. RENE B. GOROSPE
ATTY. MARLON J. MANUEL
ATTY. RAFAELITO M. GARAYBLAS
ATTY. EDWIN R. SANDOVAL
ATTY. MAURICIO C. ULEP
For being our guideposts in understanding the intricate

sphere of Political Law.
- Academics Committee 2013
March on with confidence, head up high, a
smile on your face and faith in yourself. The
Bar exercise is just a good opportunity to prove
and improve yourself. It is not an adversary
but an ally, and ever if it were, it is one that
you can persuade and convince to become a
lifelong friend.
-Atty. Rene B. Gorospe
DISCLAIMER
THE RISK OF USE, MISUSE OR NON-

USE OF THIS BAR REVIEW MATERIAL
SHALL BE BORNE BY THE USER/
NON-USER.
THE PHILIPPINE CONSTITUTION
THE PHILIPPINE CONSTITUTION Q: In case of doubt, how should the Constitution be

construed?
CONSTITUTION: A: The provisions should be considered self-

DEFINITION, NATURE AND CONCEPTS executing; mandatory rather than directory; and
prospective rather than retroactive (Nachura,
Q: What is Political Law? Reviewer in Political Law, 2005).
A: It is a branch of public law that deals with the Note: The provisions of the Constitution are to be
organization and operations of the governmental considered as self-executing because if they are not treated
organs of the State and defines its relations with the as such, the legislature can ignore and practically nullify the
inhabitants of the territory (People v. Perfecto, G.R. direction of the fundamental law.
No. L-18463, October 4, 1922).
A provision is not self-executing when it merely
Q: What is the scope of political law? indicates the principles without laying down rules
giving them the force of law (Political Law Reviewer,
A: Suarez (2011).
1. Political Law
2. Constitutional Law Q: What is the doctrine of Constitutional
3. Administrative Law Supremacy?
4. Law on Municipal Corporations
5. Law on Public Officers A: Under this doctrine, if a law or contract violates
6. Election laws any norm of the Constitution, that law or contract,
7. Public International Law whether promulgated by the legislative or by the
executive branch or entered into by private persons
Q: What is a Constitution? for private purposes, is null and void and without any
force and effect. Thus, since the Constitution is the
A: The Constitution is the basic and paramount law to fundamental, paramount and supreme law of the
which all other laws must conform and to which all nation, it is deemed written in every statute and
persons, including the highest officials, must defer contract (Manila Prince Hotel v. GSIS, G.R. No.
(Cruz, Constitutional Law, 1998). 122156, February 3, 1997).
Q: When did the present Philippine Constitution PARTS

take effect?
Q: What are the three parts of a written
A: It took effect on February 2, 1987, which was the Constitution?
date of the plebiscite. (De Leon v. Esguerra, G.R. No.
L-78059, August 31, 1987). A:
1. Constitution of Sovereignty this refers to the
Q: How should the Philippine Constitution be provisions pointing out the modes or procedure in
interpreted? accordance with which formal changes in the
Constitution may be made (Art. XVII, Amendments
A: or Revisions).
1. Verba legis whenever possible, the words used
in the Constitution must be given their ordinary 2. Constitution of Liberty the series of prescriptions
meaning except where technical terms are setting forth the fundamental civil and political
employed. rights of the citizens and imposing limitations on
the power of the government as a means of
2. Ratio legis et anima where there is ambiguity, securing the enjoyment of those rights (Art. III, Bill
the words of the Constitution should be of Rights).
interpreted in accordance with the intent of the
framers. 3. Constitution of Government provides for a
structure and system of government; refers to the
3. Ut magis valeat quam pereat the Constitution provisions outlining the organization of the
has to be interpreted as a whole (Francisco v. HR, government, enumerating its powers, laying down
G.R. No. 160261, November 10, 2003). certain rules relative to its administration and
defining the electorate (Art. VI, Legislative Dept,

9 FACULTY OF CIVIL LAW
Political and International Law
Art. VII, Exec. Dept, Art. VIII, Judicial Dept, Art. IX, 2. By a majority vote of all its members, submit such
Constitutional Commissions). question to the electorate.
AMENDMENT AND REVISION If Congress, acting as a ConAss, calls for a ConCon but
does not provide details for the calling of such
ConCon, Congress by exercising its ordinary legislative
Q: Distinguish amendment from revision. power may supply such details. But in so doing, the
Congress (as legislature) should not transgress the
A: resolution of Congress acting as a ConAss.
AMENDMENT REVISION
The choice between ConAss or ConCon is left to the
Isolated or piecemeal A revamp or rewriting
discretion of Congress. In other words, it is a political
change merely by of the whole question, but the manner of calling a ConCon is subject
adding, deleting, or instrument altering to judicial review because the Constitution has
reducing without the substantial provided for voting requirements.
altering the basic entirety of the
principles involved. Constitution. c. By Peoples Initiative upon a petition of at
least 12% of the total number of registered
Q: What are the tests to determine whether a voters, of which every legislative district
proposed change is an amendment or a revision? must be represented by 3% of the registered
voters therein.
A:
1. Quantitative test asks whether the proposed 2. Ratification Amendments or revisions to the
change is as extensive in its provisions as to Constitution should be ratified by the majority in
change directly the substantial entirety of the a plebiscite which should be held not earlier than
Constitution by the deletion or alteration of 60 days nor later than 90 days after the approval
numerous existing provisions. One examines only of such amendment.
the number of provisions affected and does not
consider the degree of the change. Q. What are the requisites for valid ratification?
2. Qualitative test asks whether the change will A.

accomplish such far reaching changes in the 1. Held in a plebiscite conducted under Election
nature of our basic governmental plan as to Law
amount to a revision. (Lambino v. Comelec, G.R. 2. Supervised by COMELEC
No. 174153, October 25, 2006) 3. Where only registered voters take part
Q: How may the Constitution be amended or Note:

revised? GR: Presidential proclamation is not required for effectivity
of amendments/revisions.
A:
1. Proposal XPN: Proposed amendment/revision provides
a. By Congress upon a vote of of all its otherwise.
members acting as Constituent Assembly
(ConAss) Q: What is the Doctrine of Proper Submission?
Note: While the substance of the proposals made A: A plebiscite may be held on the same day as a
by each type of ConAss is not subject to judicial regular election (Gonzales v. COMELEC, G.R. No. L-
review, the manner the proposals are made is 28196, November 9, 1967), provided the people are
subject to judicial review. sufficiently informed of the amendments to be voted
upon, for them to conscientiously deliberate thereon,
Since ConAss owes their existence to the to express their will in a genuine manner. Submission
Constitution, the courts may determine whether of piece-meal amendments is unconstitutional. All
the assembly has acted in accordance with the
amendments must be submitted for ratification in
Constitution.
one plebiscite only. The people have to be given a
proper frame of reference in arriving at their decision
b. By Constitutional Convention (ConCon)
(Tolentino v. COMELEC, G.R. No. L-34150, October 16,
Note: Congress may call a ConCon:
1971).
1. By a vote of 2/3 of all its members; or

2013 GOLDEN NOTES 10
THE PHILIPPINE CONSTITUTION
Q: What is initiative? laws.
A: It is the power of the people to propose While R.A. No. 6735 specially detailed the process in
amendments to the Constitution or to propose and implementing initiative and referendum on national
enact legislation. and local laws, it intentionally did not do so on the
system of initiative on amendments to the
Q: What are the three (3) kinds of initiative under Constitution (Defensor-Santiago v. COMELEC, G.R.
R.A. 6735? No. 127325, March 19, 1997).
A: Q: Is the initiative to change the Constitution

1. Initiative on the Constitutionrefers to a petition applicable to revision?
proposing amendments to the Constitution
2. Initiative on statutesrefers to a petition to A: No. An initiative to change the Constitution applies
enact a national legislation only to an amendment. Revision broadly implies a
3. Initiative on local legislationrefers to a petition change that alters basic principle in the Constitution
proposing to enact a regional, provincial, like altering the principle of separation of powers or
municipal, city, or barangay law, resolution or the system of checks and balances. The initiative of
ordinance (Section 2 [a], R.A. 6735). the petitioners is a revision and not merely an
amendment (Lambino vs. COMELEC, G.R. No. 174153,
Note: Section 2 (b) of R.A. 6735 provides for: October 25, 2006).
a. Indirect Initiative- exercise of initiative by the people
through a proposition sent to Congress or the local Q: What is a referendum?
legislative body for action
b. Direct Initiative- the people themselves filed the
A: It is the power of the electorate to approve or
petition with the COMELEC and not with Congress.
reject legislation through an election called for that
Q: Is R.A. 6735 (The Initiative and Referendum Act) purpose.
adequate to cover the system of initiative on
amendments to the Constitution? Q: What are the two (2) classes of referendum?
A: No. Under the said law, initiative on the A:

Constitution is confined only to proposals to AMEND. 1. Referendum on Statutes- refers to a petition to
The people are not accorded the power to "directly approve or reject a law, or part thereof, passed
propose, enact, approve, or reject, in whole or in by Congress.
part, the Constitution" through the system of 2. Referendum on Local Law- refers to a petition to
initiative. They can only do so with respect to "laws, approve or reject a law, resolution or ordinance
ordinances, or resolutions." Secondly, the Act does enacted by regional assemblies and local
not provide for the contents of a petition for initiative legislative bodies.
on the Constitution. The use of the clause "proposed
Note: The following cannot be subject of an initiative or
laws sought to be enacted, approved or rejected, referendum:
amended or repealed" denotes that R.A. No. 6735 a. Petition embracing more than one subject shall be
excludes initiative on the amendments of the submitted to the electorate.
Constitution. b. Statutes involving emergency measures, the
enactment of which is specifically vested in Congress
Also, while the law provides subtitles for National by the Constitution, cannot be subject to referendum
Initiative and Referendum and for Local Initiative and until 90 days after their effectivity. (Sec. 10, RA 6735)
Referendum, no subtitle is provided for initiative on
the Constitution. This means that the main thrust of Q: Compare and differentiate the concepts and
the law is initiative and referendum on national and processes of initiative from referendum.
local laws. If R.A. No. 6735 were intended to fully
provide for the implementation of the initiative on A:
amendments to the Constitution, it could have INITIATIVE REFERENDUM
provided for a subtitle therefor, considering that in The power of the The power of the
the order of things, the primacy of interest, or people to propose legislation through an
hierarchy of values, the right of the people to directly amendments to the election called for the
propose amendments to the Constitution is far more Constitution or to purpose (Sec. 3, R.A.
important than the initiative on national and local propose and enact No. 6735 [1989]).

legislations through an GENERAL PROVISIONS

election called for the
purpose. Q: What are the symbols of nationality?
LOCAL INITIATIVE LOCAL REFERENDUM A:

The legal process The legal process 1. Philippine Flag the flag may be changed by
whereby the registered whereby the registered constitutional amendment
voters of a local voters of the local 2. Name for the country
government unit may government units may 3. National anthem
directly propose, enact, approve, amend or 4. National seal
or amend any reject any ordinance
ordinance (Sec. 120). enacted by the Note: Congress may, by law, adopt new symbols in
Sanggunian (Sec. 126). numbers 2, 3 and 4 subject to ratification by the People in a
referendum.
SELF-EXECUTING AND NON-SELF-EXECUTING
PROVISIONS
Q: What constitutional provisions are considered

Self-Executing and Non-Self-Executing?
A: The following provisions of the Constitution are

considered as self-executing:
1. Provisions in the Bill of Rights on arrests,

searches and seizures, the rights of a person
under custodial investigation, the rights of an
accused, and the privilege against self-
incrimination;
2. Fundamental rights of life, liberty and the

protection of property;
3. Provisions forbidding the taking or damaging of

property for public use without just
compensation.
Note:
GR: A constitutional provision is self-executing.
XPNs: where it merely announces a policy and its

language empowers the legislature to prescribe the
means by which the policy shall be carried into effect:
a. Article II on "Declaration of Principles and State

Policies"
XPNs to the XPN: Art II, Section 16- right of
the people to a balanced and healthful
ecology in accord with the rhythm and
harmony of nature (Oposa vs. Factoran ,G.R.
No. 101083, July 30, 1993).
b. Article XIII on "Social Justice and Human Rights"
c. Article XIV on "Education Science and Technology,

Arts, Culture end Sports" (Manila Prince Hotel v.
GSIS, G.R. 122156, Feb. 3, 1997)

GENERAL CONSIDERATIONS
GENERAL CONSIDERATIONS A: It means that all waters, around between and

connecting different islands belonging to the
NATIONAL TERRITORY Philippine Archipelago, irrespective of their width or
dimension, are necessary appurtenances of its land
territory, forming an integral part of the national or
Q: What is Territory?
inland waters, subject to the exclusive sovereignty of
the Philippines.
A: Territory is the fixed portion of the surface of the
Earth inhabited by the people of the State. As an nd
It is found in the 2 sentence of Article 1 of the 1987
element of a State, it is an area over which a state has
Constitution.
effective control.
Q: What does the Archipelagic Doctrine emphasize?
Q: What comprises the Philippine territory?
A: It emphasizes the unity of the land and waters by
A:
defining an archipelago as group of islands
1. The Philippine archipelago that body of water
surrounded by waters or a body of waters studded
studded with islands which is delineated in the
with islands.
Treaty of Paris, as amended by the Treaty of
Washington and the Treaty with Great Britain.
Note: To emphasize unity, an imaginary single baseline is
drawn around the islands by joining appropriate points of
CONSISTS OF INCLUDING ITS the outermost islands of the archipelago with straight lines
a. Terrestrial 1. Territorial Sea and all islands and waters enclosed within the baseline
b. Fluvial 2. Seabed form part of its territory.
c. Aerial Domains 3. Subsoil
4. Insular shelves Q: What are the purposes of the Archipelagic
5. Other Submarine areas Doctrine?
A: The following are the purposes of the

2. All other territories over which the Philippines has Archipelagic Doctrine:
sovereignty or jurisdiction includes any territory a. Territorial Integrity
that presently belongs or might in the future b. National Security
belong to the Philippines through any of the c. Economic reasons
accepted international modes of acquiring
territory. Note: The main purpose of the archipelagic doctrine is to
protect the territorial interests of an archipelago, that is, to
Q: What are the components of our National protect the territorial integrity of the archipelago. Without
Territory? it, there would be pockets of high seas between some of
our islands and islets, thus foreign vessels would be able to
A: pass through these pockets of seas and would have no
jurisdiction over them.
1. Terrestrial Domain
2. Maritime Domain
Q: What is the effect of R.A. 9522 or An Act to
3. Aerial Domain
Amend Certain Provisions of Republic Act No. 3046,
As Amended by Republic Act 5446, To Define the
Note: R.A. 9522 which was approved by President
Archipelagic Baseline of the Philippines and For
Arroyo on March 10, 2009 amended certain
Other Purposes?
provisions of R.A. 3046, as amended by R.A. 5446 and
defined the archipelagic baselines of the Philippines.
A: R.A. 9522 (approved: March 10, 2009) amends R.A.
3046, which defines the baselines of the territorial
ARCHIPELAGIC DOCTRINE
sea of the Philippines. The Kalayaan Island Group as
constituted under P.D. No. 1596 and Bajo de
Q: What is an Archipelagic State?
Masinloc, also known as Sacrborough Shoal is
determined as Regime of Islands under the
A: It is a state constituted wholly by one or more
Republic of the Philippines consistent with Article 121
archipelagos and may include other islands.
of the United Convention on the Law of the Sea which
states:
Q: What is the Archipelagic Doctrine and where is it
found in the 1987 Philippine Constitution?

1. An island is a naturally formed area of land, Q: What is the basis of the Doctrine of State
surrounded by water, which is above water at Immunity?
high tide.
2. Except as provided for in paragraph 3, the A: It reflects nothing less than recognition of the
territorial sea, the contiguous zone, the sovereign character of the State and an express
exclusive economic zone and the continental affirmation of the unwritten rule effectively insulating
shelf of an island are determined in accordance it from the jurisdiction of courts. It is based on the
with the provisions of this Convention very essence of sovereignty (Department of
applicable to other land territory. Agriculture v. NLRC, G.R. No. 104269, November 11,
3. Rocks which cannot sustain human habitation 1993).
or economic life of their own shall have no
exclusive economic zone or continental shelf. Note: There can be no legal right against the authority
which makes the law on which the right depends (Republic
Q: Is the Spratly Group of Islands (SGI) part of the vs. Villasor, G.R. No. L-30671, November 8, 1973). However,
it may be sued if it gives consent, whether express or
Philippine Archipelago?
implied.
A: No. It is too far to be included within the

Q: Does this doctrine apply as well to foreign
archipelagic lines encircling the internal waters of
government?
Philippine Archipelago. However, the SGI is part of
the Philippine territory because it was discovered by
A: Yes. This doctrine also applies to foreign
a Filipino seaman in the name of Tomas Cloma who
government because of the sovereign equality of all
later renounced his claim over it in favor of the
the state. Accordingly, immunity is enjoyed by other
Republic of the Philippines. Subsequently, then Pres.
States, consonant with the public international law
Marcos issued a Presidential Decree constituting SGI
principle of par in parem non habet imperium. The
as part of the Philippine territory and sending some
head of State, who is deemed the personification of
of our armed forces to protect said island and
the State, is inviolable, and thus, enjoys immunity
maintain our sovereignty over it.
from suit. (JUSMAG Philippines v. NLRC, G.R. No.
108813, December 15, 1994).
Q: Should the Spratly Group of Islands and
Scarborough Shoal be considered as part of National
Q: What is the remedy of a person who feels
Territory?
aggrieved by the acts of a foreign government?
A: Yes. Article I of the Constitution provides: The
A: Under both Public International Law and
national territory comprises the Philippine
Transnational Law, a person who feels aggrieved by
archipelago, x xx, and all other territories over which
the acts of a foreign sovereign can ask his own
the Philippines has sovereignty or jurisdiction, xxx.
government to espouse his cause through diplomatic
The Spratly Group of Islands and Scarborough Shoal
channels. (Holy See, The v. Rosario, Jr., 238 SCRA
fall under the second phrase and all other territories
524, December 1, 1994)
over which the Philippines has sovereignty or
jurisdiction. It is part of our national territory
Q: Can the State waive its immunity?
because the Philippines exercise sovereignty (through
election of public officials) over the Spratly Group of
A: Yes, expressly or impliedly.
Islands. Moreover, under the Philippine Baselines Law
1. Express consent of the State may be manifested
of 2009 (RA 9522), the Spratly Islands and the
only through general or special law.
Scarborough Shoal are classified as islands under the
2. Implied consent is given when the State itself
regime of the Republic of the Philippines (Philippine
commences litigation or when it enters into a
Baselines Law of 2009).
contract. There is an implied consent when the
state enters into a business contract. (US v. Ruiz,
STATE IMMUNITY G.R. No. L-35645 May 22, 1985)
Q: What is the Doctrine of State Immunity? Q: Do all contracts entered into by the government
operate as a waiver of its non-suability?
A: Under this doctrine, the State cannot be sued
without its consent (Sec. 3, Art. XVI, 1987 A: No. Distinction must still be made between one
Constitution). which is executed in the exercise of its sovereign
function and another which is done in its proprietary

capacity. A State may be said to have descended to from suit. It did not remove itself from the operation
the level of an individual and can be deemed to have of articles 1732 to 1766 of the Civil Code on common
actually given its consent to be sued only when it carriers. (Malang v. PNRC, G.R. No. L-49930, August 7,
enters into business contracts. It does not apply 1985)
where the contract relates to the exercise of its
sovereign functions (Department of Agriculture vs. Q: Distinguish unincorporated government agency
NLRC G.R. No. 104269, November 11, 1993). performing governmental function and one
performing proprietary functions according to the
Q: What is the Restrictive Theory of State Immunity applicability of the Doctrine of State Immunity.
from Suit?
A:
A: The Restrictive Theory of State Immunity means UNINCORPORATED UNINCORPORATED
that a State may be said to have descended to the GOVERNMENT AGENCY GOVERNMENT AGENCY
level of an individual and can thus be deemed to have PERFORMING PERFORMING
tacitly given its consent to be sued only when it GOVERNMENTAL PROPRIETARY FUNCTIONS
enters into business contracts. However, the FUNCTIONS
restrictive application of State immunity is proper Immunity has been Immunity has not been
only when the proceedings arise out of commercial upheld in its favor upheld in its favor whose
transactions of the foreign sovereign, its commercial because its function is function was not in pursuit
activities or economic affairs. It does not apply governmental or of a necessary function of
where the contract relates to the exercise of its incidental to such government but was
sovereign functions. (US v. Ruiz, G.R. No. L-35645, function. essentially a business. (Air
May 22, 1985) Transportation Office v.
Spouses David, G.R. No.
Q: When is a suit considered as suit against the 159402, Feb. 23, 2011)
State?
Q: When is a suit against a public official deemed to
A: be a suit against the State?
1. When the Republic is sued by name;
2. When the suit is against an unincorporated A: The Doctrine of State Immunity from suit applies
government agency; to complaints filed against public officials for acts
3. When the suit is on its face against a government done in the performance of their duties within the
officer but the case is such that ultimate liability scope of their authority.
will belong not to the officer but to the
government. (Republic v. Sandoval, G.R. No. GR: The rule is that the suit must be regarded as one
84607, March 19, 1993) against the state where the satisfaction of the
judgment against the public official concerned will
Q: Petitioners sued the Philippine National Railways require the state to perform a positive act, such as
for damages for the death of their son who fell from appropriation of the amount necessary to pay the
an overloaded train belonging to the PNR. The trial damages awarded to the plaintiff.
court dismissed the suit on the ground that the
charter of the PNR, as amended by P.D No. 741, has XPNs: The rule does not apply where:
made the same a government instrumentality, and 1. The public official is charged in his official
thus immune from suit. Is the dismissal proper? capacity for acts that are unlawful and
injurious to the rights of others. Public
A: No. The correct rule is that not all government officials are not exempt, in their personal
entities, whether corporate or non-corporate, are capacity, from liability arising from acts
immune from suits. Immunity from suit is determined committed in bad faith; or
by the character of the objects for which the entity is 2. The public official is clearly being sued not in
organized. When the government enters into a his official capacity but in his personal
commercial business, it abandons its sovereign capacity, although the acts complained of
capacity and is to be treated like any other may have been committed while he
corporation. In this case, the State divested itself of occupied a public position. (Lansang vs. CA,
its sovereign capacity when it organized the PNR G.R. No. 102667, February 23, 2000)
which is no different from its predecessors, the
Manila Railroad Company. Thus, PNR is not immune

Q: What are the implications of the phrase waiver Jure gestionis by right of economic or
of immunity by the State does not mean a business relation = may
concession of its liability? be sued
Jure imperii by right of sovereign
A: When the State gives its consent to be sued, all power, in the exercise of
it does is to give the other party an opportunity to sovereign functions =
show that the State is liable. Accordingly, the phrase cannot be sued
that waiver of immunity by the State does not mean
a concession of liability means that by consenting to Q: In what instances may a public officer be sued
be sued, the State does not necessarily admit that it is without the States consent?
liable.
A:
In such a case the State is merely giving the plaintiff a 1. To compel him to do an act required by law
chance to prove that the State is liable but the State 2. To restrain him from enforcing an act claimed to
retains the right to raise all lawful defenses. be unconstitutional
(Philippine Rock Industries, Inc. v. Board of 3. To compel payment of damages from an already
Liquidators, G.R. No. 84992, Dec. 15, 1989) appropriated assurance fund or to refund tax
over-payments from a fund already available for
Q: Distinguish suability from liability of the State. the purpose
4. To secure a judgment that the officer impleaded
A: may satisfy the judgment himself without the
SUABILITY LIABILITY State having to do a positive act to assist him
Depends on the consent Depends on the 5. Where the government itself has violated its own
of the State to be sued applicable law and the laws because the doctrine of State immunity
established facts cannot be used to perpetrate an injustice
The circumstance that a The State can never be
State is suable does not held liable if it is not Q: What is the true test in determining whether a
necessarily mean that it is suable. suit against a public officer is a suit against the
liable. State?
Q: How are the liabilities of the following A: The test is that, if a public officer or agency is sued
determined? and made liable, the State will have to perform an
affirmative act of appropriating the needed amount
A: to satisfy the judgment. If the State will have to do so,
1. Public officers by their acts without or in excess then, it is a suit against the State.
of jurisdiction: any injury caused by him is his
own personal liability and cannot be imputed to Q: Is garnishment of government funds allowed?
the State.
2. Government agencies establish whether or not A: GR: No. Whether the money is deposited by way of
the State, as principal which may ultimately be general or special deposit, they remain government
held liable, has given its consent. funds and are not subject to garnishment.
3. Government Doctrine of State immunity is
available. XPN: Where a law or ordinance has been
enacted appropriating a specific amount to
Q: How is the suitability of government agencies pay a valid government obligation, then the
determined? money can be garnished.
GOVERNMENT AGENCIES SUABILITY Note: Funds belonging to government corporations

Incorporated agencies test of suability is stated which can sue and be sued and are deposited with a
bank can be garnished. (PNB v. Pabalan, G.R. No. L-
in their charters. If its
33112, June 15, 1978)
charter says so, it is
suable
If the local legislative authority refuses to enact a law
Unincorporated suable if the nature of
appropriating the money judgment rendered by the
government agencies their acts is proprietary
court, the winning party may file a petition for
mandamus to compel the legislative authority to

enact a law (Municipality of Makati v. CA, G.R. Nos. Q: What is a Republican State?
89898-99, Oct. 1, 1990).
A: It is a state wherein all government authority
Q: Can the Government be made to pay interest in emanates from the people and is exercised by
money judgments against it? representatives chosen by the people. (Dissenting
Opinion of Justice Puno, G.R. No. 148334, January 21,
A: GR: No. 2004)
XPNs: Q: What are the manifestations of Republicanism?

1. Eminent domain
2. Erroneous collection of taxes A: The following are the manifestations of
3. Where government agrees to pay Republicanism:
interest pursuant to law.
1. Ours is a government of laws and not of men.
Q: Angel Lucero filed an action directly in court 2. Rule of Majority (Plurality in elections)
against the Government seeking payment for a 3. Accountability of public officials
parcel of land which the national government 4. Bill of Rights
utilized for a road widening project. Can the 5. Legislature cannot pass irrepealable laws
government invoke the doctrine of non-suitability of 6. Separation of powers
the state?
Note: In view of the new Constitution, the Philippines
A: No. When the government expropriates property is not only a representative or republican state but
for public use without paying just compensation, it also shares some aspects of direct democracy such as
cannot invoke its immunity from the suit. Otherwise, initiative and referendum.
the right guaranteed in Section 9, Article III of the
1987 Constitution that private property shall not be Q: What is Constitutional Authoritarianism?
taken for public use without just compensation will
be rendered nugatory. (Ministerio vs. Court of First A: Constitutional authoritarianism, as understood and
Instance, L-31635, Aug. 31, 1971) practiced in the Marcos regime under the 1973
constitution, was the assumption of extraordinary
GENERAL PRINCIPLES AND STATE POLICIES powers by the President including legislative and
judicial and even constituent powers.
Q: Are the provisions in Article II self-executing?
Q: Is constitutional authoritarianism compatible
A: GR: No. By its very title, Article II of the with a republican state?
Constitution is a declaration of principles and state
policies. However, principles in Article II are not A. Yes, if the Constitution upon which the Executive
intended to be self-executing principles ready for bases his assumption of power is a legitimate
enforcement through the courts. They are used by expression of the peoples will and if the Executive
the judiciary as aids or guides in the exercise of its who assumes power received his office through a
power of judicial review, and by the legislature in its valid election by the people. (Bernas Primer, 2006)
enactment of laws. (Tondo Medical v. CA, G.R. No.
167324, July 17, 2007) Q: What is the State policy regarding war?
XPN: But a provision that is complete in A: The State renounces war as an instrument of
itself, and provides sufficient rules for the national policy. (Sec. 2, Art. II, 1987 Constitution)
exercise of rights, is self-executing. Thus,
certain provisions in Art. II are self-executing, Q: Does the Philippines renounce defensive war?
one of which is that provided in Section 16,
Art. II, The State shall protect and advance A. No, because it is duty bound to defend its citizens.
the right of the people to a balanced and Under the Constitution, the prime duty of the
healthful ecology in accord with the rhythm government is to serve and protect the people.
and harmony of nature. (Oposa v. Factoran,
supra.) The duty of full public disclosure is Q: What are the policies of the State on the
self executing provision. (Province of North following?
Cotabato v. GRP G.R. 183591 Oct. 14,2008) 1. Working women

2. Ecology reform or stewardship, whenever applicable in

3. The symbols of statehood accordance with law, in the disposition or
4. Cultural minorities utilization of other natural resources, including
5. Science and Technology lands of the public domain under lease or
concession suitable to agriculture, subject to
A: prior rights, homestead rights of small settlers,
1. Section 14, Article XIII of the Constitution and the rights of indigenous communities to their
provides: "The State shall protect working ancestral lands.
women by providing safe and healthful working
conditions, taking into account their maternal The State may resettle landless farmers and farm
functions, and such facilities and opportunities workers in its own agricultural estates which
that will enhance their welfare and enable them shall be distributed to them in the manner
to realize their full potential in the service of the provided by law."
nation."
Section 17, Article XIV of the Constitution states:
2. Section 16, Article II of the Constitution provides: "The State shall recognize, respect and protect
The State shall protect and advance the right of the rights of indigenous cultural communities to
the people and their posterity to a balanced and preserve and develop their cultures, traditions,
healthfulecologyin accord with the rhythm and and institutions. It shall consider these rights in
harmony of nature." the formulation of national plans and policies."
3. Section 1, Article XVI of the Constitution provides: 5. Section 17, Article II of the Constitution provides:
"The Flag of the Philippines shall be red, white, "The State shall give priority to education,
and blue, with a sun and three stars, as science and technology, arts, culture and sports
consecrated and honored by the people and to foster patriotism and nationalism, accelerate
recognized by law." social progress, and promote total human
liberation and development."
Section 2, Article XVI of the Constitution states:
The Congress may by law, adopt a new name for Section 14, Article XII of the Constitution reads in
the country, a national anthem, or a national part: "The sustained development of a reservoir
seal, which shall all be truly reflective and of national talents consisting of Filipino scientists,
symbolic of the ideals, history, and traditions of entrepreneurs, professionals, managers, high-
the people. Such law shall take effect only upon level technical manpower and skilled workers
its ratification by the people in a national and craftsmen shall be promoted by the State.
referendum." The State shall encourage appropriate
technology and regulate its transfer for the
4. Section 22, Article II of the Constitution provides: national benefit.
The State recognizes and promotes the rights of
indigenous cultural communities within the Sub-section 2, Section 3, Article XIV of the
framework of national unity and development." Constitution states: "They (educational
institutions) shall inculcate patriotism and
Section 5, Article XII of the Constitution reads: nationalism, foster love of humanity, respect for
The State, subject to the provisions of this human rights, appreciation of the role of national
Constitution and national development policies heroes in the historical development of the
and programs, shall protect the rights of country, teach the rights and duties of
indigenous cultural communities to their citizenship, strengthen ethical and spiritual
ancestral lands to ensure their economic, social values, develop moral character and personal
and cultural well-being. discipline, encourage critical and creative
thinking, broaden scientific and technological
The Congress may provide for the applicability of knowledge, and promote vocational efficiency."
customary laws governing property rights or
relations in determining the ownership and Section 10, Article XIV of the Constitution
extent of the ancestral domains." declares: "Science and Technology are essential
for national development and progress. The
Section 6, Art. XIII of the Constitution provides: State shall give priority to research and
The State shall apply the principles of agrarian development, invention, innovation, and their

utilization; and to science and technology 4. Section 17, Article XI provides: a sworn statement
education, training, services. It shall support of assets, liabilities and net worth of the
indigenous, appropriate, and self-reliant President, the Vice-President, the Members of
scientific and cultural capabilities, and their the Cabinet, the Congress, the Supreme Court,
application to the country's productive systems the Constitutional Commission and other
and national life." constitutional offices, and officers of the armed
forces with general or flag rank filed upon their
Section 11, Article XIV of the Constitution assumption of office shall be disclosed to the
provides: "The Congress may provide for public in the manner provided by law.
incentives, including tax deductions, to
encourage private participation in programs of 5. Section 21, Article XII declares in part:
basic and applied scientific research. "Information on foreign loans obtained or
Scholarships, grants-in-aid or other forms of guaranteed by the government shall be made
Incentives shall be provided to deserving science available to the public."
students, researchers, scientists, investors,
technologists, and specially gifted citizens." Note: These provisions on public disclosures are intended
to enhance the role of the citizenry in governmental
decision-making as well as in checking abuse in
Section 12, Article XIV of the Constitution reads:
government. (Valmonte vs. Belmonte, G.R. No. 74930,
The State shall regulate the transfer and February 13, 1989)
promote the adaptation of technology from all
sources for the national benefit. It shall Q: What is the difference between the doctrines of
encourage widest participation of private groups, Incorporation and Transformation?
local governments, and community-based
organizations in the generation and utilization of
DOCTRINE OF DOCTRINE
science and technology."
INCORPORATION TRANSFORMATION
It means that the rules of
Q: Does the 1987 Constitution provide for a policy of
International Law form Generally accepted rules
transparency in matters of public concern?
part of the law of the of international law are
land and no legislative not per se binding upon
A: Yes. The 1987 Constitution provides for a policy of
action is required to the state but must first
transparency in matters of public interest:
make them applicable in be embodied in
a country. By this legislation enacted by the
1. Section 28, Article II of the 1987 Constitution
doctrine, the Philippines lawmaking body and so
provides: "Subject to reasonable conditions
is bound by generally transformed into
prescribed by law, the State adopts and
accepted principles of municipal law.
implements a policy of full disclosure of all its
international law, which
transactions involving public interest,"
are considered to be
automatically part of our
2. Section 7, Article III states: "The right of the
own laws. (Taada v.
people to information on matters of public
Angara, G.R. No. 118295,
concern shall be recognized, access to official
May 2, 1997)
records, and to documents, and papers
pertaining to official acts, transactions, or
decisions, as well as to government research data
Note: The fact that the international law has been made
used as basis for policy development, shall be
part of the law of the land does not by any means imply the
afforded the citizen, subject to such limitations primacy of international law over national law in the
as may be provided by law." municipal sphere. (Philip Morris, Inc. v. CA, G.R. No. 91332,
July 16, 1993)
3. Section 20, Article VI reads: "The records and
books of account of the Congress shall be Q: Discuss the doctrine of autolimitation.
preserved and be open to the public in
accordance with law, and such books shall be A: While sovereignty has traditionally been deemed
audited by the Commission on Audit which shall absolute and all encompassing on the domestic level,
publish annually an itemized list of amounts paid it is however subject to restrictions and limitations
to and expenses incurred for each member." voluntarily agreed to by the Philippines, expressly or
impliedly as a member of the family of nations.

By the doctrine of incorporation, the country is bound 1. Churches, parsonages, etc. actually, directly and
by generally accepted principles of international law, exclusively used for religious purposes shall be exempt
which are considered to be automatically part of our from taxation. (Sec. 28, Par. 3, Art. VI);
2. When a priest, preacher, minister or dignitary is
own laws. (Taada vs. Angara, G.R.No. 118295, May
assigned to the armed forces, or any penal institution
2, 1997)
or government orphanage or leprosarium, public
money may be paid to them (Sec. 29, Par. 2, Art. VI);
Q: How is civilian supremacy ensured? 3. Optional religious instruction for public elementary
and high school students (Sec. 3, Par. 3, Art. VI);
A: 4. Filipino ownership requirement for education
1. By the installation of the President, the highest institutions, except those established by religious
civilian authority, as the commander-in-chief of groups and mission boards (Sec. 4, Par. 2, Art. XIV).
all the armed forces of the Philippines. (Sec. 18,
Art. VII, 1987 Constitution) Q: What is the Strict Separationist Approach?
2. Through the requirement that members of the
AFP swear to uphold and defend the A: Under this approach, the establishment clause was
Constitution, which is the fundamental law of meant to protect the State from the church, and the
civil government. (Sec. 5, Par. 1, Art. XVI, 1987 States hostility towards religion allows no interaction
Constitution) between the two. (Estrada v. Escritor, A.M. No. P-02-
1651, June 22, 2006)
Note: By civilian supremacy, it is meant that civilian
authority is, at all times, supreme over the military. Q: What is the Strict Neutrality Approach?
Q: Can a person avoid the rendition of military A: It is not hostility towards religion, but a strict
services to defend the State? holding that religion may not be used as a basis for
classification for purposes of governmental action,
A: No. One cannot avoid compulsory military service whether the action confers rights or privileges or
by invoking ones religious convictions or by saying imposes duties or obligations. Only secular criteria
that he has a sick father and several brothers and may be the basis of government action. It does not
sisters to support. Accordingly, the duty of permit, much less require accommodation of
government to defend the State cannot be religious belief in secular programs. (Estrada v.
performed except through an army. To leave the Escritor, A.M. No. P-02-1651, June 22, 2006)
organization of an army to the will of the citizens
would be to make this duty to the Government Q: What is the theory of Benevolent Neutrality?
excusable should there be no sufficient men who
volunteer to enlist therein. The right of the A: Under this theory, the wall of separation is
Government to require compulsory military service is meant to protect the church from the State. It
a consequence of its duty to defend the State and is believes that with respect to governmental actions,
reciprocal with its duty to defend the life, liberty, and accommodation of religion may be allowed, not to
property of the citizen. (People v. Zosa, G.R. No. L- promote the governments favored form of religion,
45892-93, July13, 1938). but to allow individuals and groups to exercise their
religion without hindrance.(Estrada v. Escritor, A.M.
Q: What are the provisions of the Constitution that No. P-02-1651, June 22, 2006)
support the principle of separation of Church and
State? Q: What theory is applied in the Philippines?
A: A: In the Philippine context, the Court categorically

1. The non-establishment clause. (Sec. 5, Art. III) ruled that, the Filipino people, in adopting the
2. Sectoral representation in the House of Constitution, manifested their adherence to the
Representatives. Various sectors may be benevolent neutrality approach that requires
represented except the religious sector. (Sec. 5, accommodations in interpreting the religion clauses.
Par. 2, Art. VI) (Estrada v. Escritor, A.M. No. P-02-1651, June 22,
3. Religious groups shall not be registered as 2006)
political parties. (Sec. 5, Par. 2,Art. IX-C, 1987
Constitution) Q: What are the three kinds of accommodation that
results from free exercise claim?
Note: Exceptions to the above-mentioned rule are the
following provisons : A: Those which are:

1. Found to be constitutionally compelled, i.e. Q: What is the purpose of separation of powers?

required by the Free Exercise Clause
(mandatory); A: The purpose is to:
2. Discretionary or legislative, i.e. not required by
the Free Exercise Clause (permissive); 1. Secure action
3. Prohibited by the religion clauses (prohibited). 2. Forestall over-action
3. Prevent despotism
Note: Based on the foregoing, and after holding that 4. Obtain efficiency
the Philippine Constitution upholds the benevolent
neutrality doctrine which allows for accommodation, Note: To prevent the concentration of authority in one
the Court laid down the rule that in dealing with person or group of persons that might lead to irreparable
cases involving purely conduct based on religious error or abuse in its exercise to the detriment of republican
institutions. The purpose was not to avoid friction, but, by
belief, it shall adopt the strict-compelling State
means of the inevitable friction incident to the distribution
interest test because it is most in line with the
of governmental powers among the three departments, to
benevolent neutrality-accommodation. save the people from autocracy.
Q: Distinguish mandatory accommodation, Q: What are the powers vested in the three
permissive accommodation, and prohibited branches of government?
accommodation.
A:
A: EXECUTIVE LEGISLATIVE JUDICIARY
MANDATORY PERMISSIVE PROHIBITED Implementation Interpretation of
ACCOMODATION ACCOMODATION ACCOMMODATION Making of laws
of laws laws
Based on the Means that the Results when the (Power of the
(Power of the (Power of judicial
premise that state may, but is Court finds no basis purse)
sword) review)
when religious not required to, for a mandatory
conscience accomodate accommodation, or Note: Legislative power is given to the Legislature whose
conflicts with a religious it determines that members hold office for a fixed term (Sec. 1, Art. VI);
government interests. the legislative executive power is given to a separate Executive who holds
obligation or accommodation office for a fixed term (Sec. 1, Art. VII); and judicial power is
prohibition, the runs afoul of the held by an independent Judiciary. (Sec. 1, Art. VIII)
government establishment or
sometimes may the free exercise Q: A group of losing litigants in a case decided by the
have to give way. clause. In this case, SC filed a complaint before the Ombudsman
This the Court finds that charging the Justices with knowingly and
accomodation establishment deliberately rendering an unjust decision in utter
occurs when all concerns prevail violation of the penal laws of the land. Can the
three conditions over potential Ombudsman validly take cognizance of the case?
of the compelling accommodation
State interest interests. A: No. Pursuant to the principle of separation of
test are met. powers, the correctness of the decisions of the SC as
final arbiter of all justiciable disputes is conclusive
Note: The purpose of accommodations is to remove a upon all other departments of the government; the
burden on, or facilitate the exercise of, a persons or Ombudsman has no power to review the decisions of
institutions religions. the SC by entertaining a complaint against the
Justices of the SC for knowingly rendering an unjust
SEPARATION OF POWERS decision. (In re: Laureta, G.R. No. L-68635, May 14,
1987)
Q: What is the Doctrine of Separation of Powers?
Q: May the RTC or any court prohibit a committee of
A: In essence, separation of powers means that the the Senate like the Blue Ribbon Committee from
legislation belongs to the Congress, execution to the requiring a person to appear before it when it is
executive, and settlement of legal controversies to conducting investigation in aid of legislation?
the judiciary. Each is therefore prevented from
invading the domain of the others. A: No, because that would be violative of the
principle of separation of powers. The principle

essentially means that legislation belongs to LEGISLATIVE CHECK

Congress, execution to the Executive and settlement Executive Judiciary
of legal controversies to the Judiciary. Each is
Override the veto of the Revoke or amend the
prevented from invading the domain of the others.
President decisions by either:
(Senate Blue Ribbon Committee v. Majaducon, G.R.
-Enacting a new law
No. 136760, July29, 2003) -Amending the old law
-Giving it certain definition
Q: What is the principle of Blending of Powers?
and interpretation
different from the old.
A: It refers to an instance when powers are not
Reject certain Impeachment of SC
confined exclusively within one department but are
appointments made by members
assigned to or shared by several departments.
the president
Examples of the blending of powers are the following: Revoke the proclamation Define, prescribe,
a. Power of appointment which can be exercised by of martial law or apportion jurisdiction of
each department and be rightfully exercised by suspension of the lower courts:
each department over its own administrative privilege of the writ of -Prescribe the
personnel; habeas corpus qualifications of lower
b. General Appropriations Law President prepares court judges
the budget which serves as the basis of the bill -Impeachment
adopted by Congress; -Determination of
c. Amnesty granted by the President requires the salaries of judges.
concurrence of the majority of all the members Impeachment
of the Congress; and Determine the salaries of
d. COMELEC does not deputize law-enforcement the president or vice
agencies and instrumentalities of the president
government for the purpose of ensuring free,
orderly, honest, peaceful and credible elections Q: How does the Judiciary check the other two
alone (consent of the President is required) branches?
CHECKS AND BALANCES A: It may declare (through the SC as the final arbiter)
the acts of both the legislature and executive as
Q: What is the principle of Checks and Balances? unconstitutional or invalid so long as there is grave
abuse of discretion.
A: It allows one department to resist encroachments
upon its prerogatives or to rectify mistakes or Note: The first and safest criterion to determine whether a
excesses committed by the other departments. given power has been validly exercised by a particular
department is whether the power has been constitutionally
Q: How does the Executive check the other two conferred upon the department claiming its exercise.
However, even in the absence of express conferment, the
branches?
exercise of the power may be justified under the Doctrine
of Necessary Implication - the grant of express power
A: carried with it all other powers that may be reasonably
EXECUTIVE CHECK inferred from it.
Legislative Judiciary
Through its veto Through its power of pardon, it DELEGATION OF POWERS
power may set aside the judgment of
the judiciary. Q: Can a delegated power be re-delegated?
Also by power of appointment
power to appoint members of A:
the Judiciary. GR: No. Delegated power constitutes not only a right
but a duty to be performed by the delegate through
Q: How does the Legislature check the other two the instrumentality of his own judgment and not
branches? through the intervening mind of another.
A: XPN: Permissible delegations: PETAL

1. Delegation to the People through initiative Q: What are the two tests to determine whether the
and referendum. (Sec. 1, Art. VI, 1987 delegation of legislative power is valid or not?
Constitution)
A:
2. Emergency powers delegated by Congress to a. Completeness Test The law must be complete
the President. (Sec. 23(2), Art. VI) in all essential terms and conditions when it
leaves the legislature so that there will be
Note: The conditions for the vesture of nothing left for the delegate to do when it
emergency powers are the following: reaches him except to enforce it.
a. There must be war or other b. Sufficient Standard Test If the law does not
national emergency. spell out in detail the limits of the delegates
b. The delegation is for a limited authority, it may be sustained if delegation is
period only. made subject to a sufficient standard.
c. Delegation is subject to
restrictions as Congress may Note: The sufficient standard test maps out the boundaries
prescribe. of the delegates authority and indicating the circumstances
d. Emergency powers must be under which it is to be pursued and effected. Its purpose is
to prevent total transference of legislative power).
exercised to carry a national policy
declared by Congress.
Q: What is invalid delegation of legislative power?
3. Congress may delegate Tariff powers to the
President. (Sec. 28 (2),Art. VI) A: If there are gaps that will prevent its enforcement,
the delegate is given the opportunity to step into the
Note: The Tariff and Customs Code is the shoes of the legislature and exercise discretion in
enabling law that grants such powers to the order to repair the omissions.
president.
Note: This is tantamount to an abdication of power in favor
The power to impose tariffs in the first place is of the delegate, which is in violation of the doctrine of
not inherent in the President but arises only separation of powers.
from congressional grant. Thus, it is the
prerogative of Congress to impose limitations Q: What is the distinction between the Presidents
and restrictions on such powers which do not authority to declare a state of national emergency
normally belong to the executive in the first and her authority to exercise emergency powers?
place. (Southern Cross Cement Corporation v.
Philippine Cement Manufacturing Corp., G.R. No.
A: The Presidents authority to:
158540, August 3, 2005)
4. Delegation to Administrative bodies also DECLARE A STATE OF EXERCISE EMERGENCY

known as the power of subordinate NATIONAL EMERGENCY POWERS
legislation/ quasi-legislative powers. Granted by the Requires a delegation
Constitution, no from Congress. (David, et
This refers to the authority vested by legitimate objection can al. v. Gloria Macapagal-
Congress to the administrative bodies to be raised. Arroyo, et al., G.R. No.
fill in the details which Congress cannot 171396, May 3, 2006)
provide due to lack of opportunity or
competence. This includes the making of Note: Conferment of
supplementary rules and regulations. They emergency powers on the
President is not mandatory
have the force and effect of law.
on Congress.
Note: Congress can only delegate rule-making
power to administrative agencies. FORMS OF GOVERNMENT
5. Delegation to Local Governments It is not Q: What is the system of government in the

regarded as a transfer of general legislative Philippines?
power, but rather as the grant of authority
to prescribe local regulations. A: The Philippines adheres to the presidential system.

Q: What is the principal identifying feature of a 1. De jure government - a government truly and
presidential form of government? lawfully established by the Constitution of a State
but which having been in the meantime
A: The principal identifying feature of a presidential displaced is actually cut off from power or
form of government is the separation of powers control.
doctrine.
2. De facto government - a government of fact; one
Note: In presidential system, the President is both the actually exercising power and control in the State
head of State and the head of government. as opposed to the true and lawful government.
Q: What are the essential characteristics of a Q: What are the kinds of a de facto government?
parliamentary form of government?
A:
A: 1. De facto proper government that gets
1. The members of the government or cabinet or possession and control of, or usurps, by force or
the executive arm are, as a rule, simultaneously by the voice of the majority, the rightful legal
members of the legislature; government and maintains itself against the will
2. The government or cabinet consisting of the of the latter;
political leaders of the majority party or of a
coalition who are also members of the 2. Government of paramount force established
legislature, is in effect a committee of the and maintained by military forces who invade
legislature; and occupy a territory of the enemy in the course
3. The government or cabinet has a pyramidal of war; and
structure at the apex of which is the Prime
Minister or his equivalent; 3. Independent government established by the
4. The government or cabinet remains in power inhabitants of the country who rise in
only for so long as it enjoys the support of the insurrection against the parent State. (Kop Kim
majority of the legislature; Cham v. Valdez Tan Key, G.R. No. L- 5, September
5. Both the government and the legislature are 17, 1945)
possessed of control devices which each can
demand of the other immediate political
responsibility. In the hands of the legislature is
the vote of non-confidence (censure) whereby
government may be ousted. In the hands of the
government is the power to dissolve the
legislature and call for new elections.
Q: What are the functions of the Government?
A:
1. Constituent mandatory for the government to
perform because they constitute the very bonds
of society.
2. Ministrant intended to promote the welfare,
progress and prosperity of the people.
Note: Distinction of function is no longer relevant because

the Constitution obligates the State to promote social
justice and has repudiated the laissez faire policy (ACCFA v.
Federation of Labor Unions, G.R. No. L-221484, November
29, 1969).
Q: What are the classifications of government on the

basis of legitimacy?
A:

LEGISLATIVE DEPARTMENT
LEGISLATIVE DEPARTMENT restrain the plenary powers of Congress to amend,

revise or repeal the laws it had passed.
WHO MAY EXERCISE LEGISLATIVE POWER
While a supermajority is not a total ban against
repeal, it is a limitation in excess of what the
Q: Who may exercise legislative power?
Constitution requires on the passage of bills and is
constitutionally obnoxious because it significantly
A:
constricts the future legislators room for action and
1. Congress
flexibility. (Datu Michael Abas Kida, et al. v. Senate of
2. Regional/Local Government Units
the Philippines, et al. G.R. No. 196271, October 18,
3. The People through initiative and referendum.
2011)
Q: What are the limitations on the legislative power
Note: Every legislative body may modify or abolish the acts
of Congress? passed by itself or its predecessors. This legislature cannot
bind a future legislature to a particular mode of repeal. It
A: cannot declare in advance the intent of subsequent
1. Substantive: limitations on the content of laws. legislatures or the effect of subsequent legislation upon
2. Procedural: limitations on the manner of passing existing statutes. (Datu Michael Abas Kida, et al. v. Senate
laws. of the Philippines, et al. G.R. No. 196271, October 18, 2011)
3. Congress cannot pass irrepealable laws.
4. Congress, as a general rule, cannot delegate its Q: Who exercises local legislative power and their
legislative power. presiding officer (PO)?
XPN: See Delegation of Legislative Powers. A:

Sangguniang
Province Vice-governor
Q: Is the supermajority vote requirement under R.A. panlalawigan
9054, the second Organic Act of ARMM which reset Sangguniang City vice-
City
the regular elections for the ARMM regional officials panlungsod mayor
to the second Monday of September 2001 Municipal
Municipality Sangguniang bayan
unconstitutional by giving it a character of an vice-mayor
irrepealable law? Sangguniang Punong
Barangay
barangay barangay
A: Yes. Even assuming that RA No. 9333 and RA No.
10153 did in fact amend RA No. 9054, the Note: The PO shall vote only to break a tie. (Sec. 49, Par.
supermajority (2/3) voting requirement required (a), R.A. 7160).
under Section 1, Article XVII of RA No. 9054 has to be
struck down for giving RA No. 9054 the character of Q. What are the requisites for the validity of local
an irrepealable law by requiring more than what the ordinance?
Constitution demands.
A: GC-not-CUPPU
Section 16(2), Article VI of the Constitution provides 1. Must not Contravene the constitution and any
that a majority of each House shall constitute a statute
quorum to do business. In other words, as long as 2. Must not be Unfair or oppressive
majority of the members of the House of 3. Must not be Partial or discriminatory
Representatives or the Senate are present, these 4. Must not Prohibit, but may regulate trade
bodies have the quorum needed to conduct business 5. Must not be Unreasonable
and hold session. Within a quorum, a vote of 6. Must be General in application and Consistent
majority is generally sufficient to enact laws or with public policy. (Magtajas vs. Pryce Properties
approve acts. Corporation, Inc, G.R. No. 111097 July 20, 1994)
In contrast, Section 1, Article XVII of RA No. 9054 Q: What are the classes of legislative power?
requires a vote of no less than two-thirds (2/3) of the
Members of the House of Representatives and of the A: ODECO
Senate, voting separately, in order to effectively 1. Original: Possessed by the people in their
amend RA No. 9054. Clearly, this 2/3 voting sovereign capacity i.e. initiative and referendum.
requirement is higher than what the Constitution 2. Delegated: Possessed by Congress and other
requires for the passage of bills, and served to legislative bodies by virtue of the Constitution.

3. Constituent: The power to amend or revise the COMELEC Resolution No. 6486 which impose qualifications
Constitution. on senatorial candidates in addition to what the
4. Ordinary: The power to pass ordinary laws. Constitution prescribes. (Social Justice Society vs.
Dangerous Drugs Board, GR No. 157870, Nov. 2, 2008)
HOUSES OF CONGRESS
Q: Discuss the disqualifications of members of
Congress.
The Congress is bicameral in nature. It is composed of:
A:
1. Senate
SENATE HOUSE OF REPRESENTATIVES
2. House of Representatives
a) District representatives No Senator shall Shall not serve for more
b) Party-list system serve for more than than three (3) consecutive
two (2) consecutive terms. Voluntary
Q: Discuss the composition, qualifications, and term terms. Voluntary renunciation of the office
of office of members of Congress. renunciation of the for any length of time shall
office for any length not be considered as an
A: of time shall not be interruption in the
considered as an continuity of his service for
HOUSE OF
SENATE interruption in the the full term for which he
REPRESENTATIVES
continuity of his was elected. (Sec. 7, Article
Composition
service for the full VI).
24 Senators (elected at Not more than 250 term for which he
large by qualified Filipino members, unless was elected (Section
voters) otherwise provided by law. 4, Article VI).
Qualifications One who has been declared by competent authority
1. Natural-born citizen of 1. Natural-born citizen of as insane or incompetent.
the Philippines; the Philippines;
2. At least 35 years of 2. Except youth party-list One who has been sentenced by final judgment for:
age on the day of representatives, at least a. Subversion;
election; 25 years of age on the b. Insurrection;
3. Able to read and day of election; c. Rebellion;
write; 3. Able to read and write; d. Any offense for which he has been sentenced to a
4. A registered voter; 4. Except the party-list penalty of not more than 18 months; or
5. Resident of the representatives, a e. A crime involving moral turpitude, unless given
Philippines for not less registered voter in the plenary pardon o granted amnesty. (Section 12, BP
than 2 years district in which he shall 881)
immediately be elected;
proceeding the day of 5. Resident thereof for a Q: How can members of Congress be removed from
election. period of not less than 1 their respective offices?
year immediately the
day of the election. A:
Term of office MEMBERS OF THE HOUSE
SENATORS
OF REPRESENTATIVES
6years, commencing at 3 years, commencing at
th
noon on the 30 day of noon on the 30 day of
th Expulsion by the Senate Expulsion by the House is
June next following their June next following their with the concurrence of with the concurrence of
election. election. 2/3 of all its members. 2/3 of all its members.
(Sec. 16, par. 3, Article VI) (Sec. 16, par. 3, Art. VI)
Term limit: Only up to 2 Term limit: No member of
consecutive terms. the HoR shall serve for Q: Can Congress or COMELEC impose an additional
However, they may serve more than 3 consecutive qualification for candidates for senator?
for more than 2 terms terms.
provided that the terms A: No. The Congress cannot validly amend or
are not consecutive. otherwise modify these qualification standards, as it
cannot disregard, evade, or weaken the force of a
Note: The Court held the unconstitutionality of the constitutional mandate, or alter or enlarge the
provision on mandatory drug testing for candidates of Constitution (Cordora v. COMELEC, G.R. No. 176947,
public offce of Sec. 36(g) of RA 9165 otherwise known as February 19, 2009; Social Justice Society v. DDB and
the Comprehensive Dangeous Drugs Act of 2002 and

PDEA, G.R Nos. 157870, 158633, 161658, November he/she lost during the
3, 2008). previous election.
A change in affiliation A change in affiliation
Q: What is the rule on voluntary renunciation of within months prior to within 6 months prior to
office for any length of time? election does not election prohibits the
prevent a district party-list representatives
A: It shall not be considered as an interruption in the representative from from listing as
continuity of his service for the full term for which he running under his new representative under his
was elected (Secs. 4 and 7, Article VI). party. new party or
organization.
Q: What is the composition of the HoR?
Q: Who are district representatives?
A:
DISTRICT PARTY-LIST A: District representatives are those who were
REPRESENTATIVE REPRESENTATIVE elected from legislative districts apportioned among
Elected according to Elected nationally with the provinces, cities and the Metropolitan Manila
legislative district by the party-list organizations area.
constituents of such garnering at least 2% of
district. all votes cast for the Q: How are legislative districts apportioned?
party-list system entitled
to 1 seat, which is A: Legislative districts are apportioned among the
increased according to provinces, cities, and the Metropolitan Manila area.
proportional They are apportioned in accordance with the number
representation, but is in of their respect inhabitants and on the basis of a
no way to exceed 3 seats uniform and progressive ratio. (Sec. 5, Art. VI,
per organization. 1987Constitution)
Must be a resident of his No special residency
legislative district for at requirement. Each city with a population of at least 250,000 shall
least 1 year immediately have at least one representative. Each province shall
before the election. have at least one representative.
Elected personally, by Voted upon by party or
name. organization. It is only While Section 5(3) of Art. VI of the Constitution
when a party is entitled requires a city to have a minimum population of
to representation that it 250,000 to be entitiled to one representative, it does
designates who will sit as not have to increase its population by another
representative. 250,000 to be entitled to an additional district.
Does not lose seat if If he/she changes party (Senator Aquino III v. COMELEC, G.R. No. 189793,
he/she changes party or or affiliation, loses his April7, 2010)
affiliation. seat, in which case
he/she will be Note: The question of the validity of an apportionment law
substituted by another is a justiciable question. (Macias v. Comelec,G.R. No. L-
qualified person in the 18684, September 14, 1961)
party /organization
based on the list Q: What are the conditions for apportionment?
submitted to the
COMELEC. A:
1. Elected from legislative districts which are
In case of vacancy, a In case of vacancy, a
apportioned in accordance with the number of
special election may be substitution will be made
inhabitants of each area and on the basis of a
held provided that the within the party, based
uniform and progressive ratio.
vacancy takes place at on the list submitted to
least 1 year before the the COMELEC.
2. Uniform Every representative of Congress shall
next election.
represent a territorial unit with more or less
A district representative A party-list
250,000 population. All the other representatives
is not prevented from representative cannot sit
shall have the same or nearly the same political
running again as a if he ran and lost in the
constituency so much so that their votes will
district representative if previous election.
constitute the popular majority.

3. Progressive It must respond to the change in compact and adjacent territory (Bernas, Reviewer in
times. The number of House representatives Philippine Constitution, p. 186)
must not be so big as to be unwieldy. (Let us say,
there is a growth in population. The ratio may Q: Discuss the Party-List System.
then be increased. From 250,000 constituents/1
representative it may be reapportioned to 300, A: Party-list representatives shall constitute 20% of
000 constituents/1 representative). the total number of representatives in the House of
Representatives. (Sec. 5, Par. 2, Art. VI, 1987
4. Each city with a population of at least 250,000 or Constitution).
each province shall at least have one
representative. Party-list system is a mechanism of proportional
representation in the election of representatives to
Note: GR: There must be proportional representation the HoR from national, regional and sectoral parties
according to the number of their or organizations or coalitions thereof registered with
constituents/inhabitants. the COMELEC.
XPN: In one city-one representative/one
The partylist system intends to make the
province-one representative rule.
marginalized and the underrepresented not merely
5. Legislative districts shall be re-apportioned by passive recipients of the States benevolence, but
Congress within 3 years after the return of each active participants in the mainstream of
census. (Senator Aquino III v. COMELEC, G.R. No. representative democracy. (Ang BagongBayani-OFW
189793, April7, 2010.) Labor Party v. COMELEC, G.R. No. 147589, June26,
2001)
Q: What is the reason for such rule?
A free and open party system shall be allowed to
A: The underlying principle behind the rule for evolve according to the free choice of the people.
apportionment is the concept of equality of (Sec. 2, Par. 5, Art. IX-C, 1987 Constitution) Political
representation which is a basic principle of parties registered under the party-list system shall be
republicanism. One mans vote should carry as much entitled to appoint poll watchers in accordance with
weight as the vote of every other man. law. (Sec. 8, Art. IX-C)
Note: Section 5 provides that the House shall be composed Q: What is the purpose of party-list system?
of not more than 250 members unless otherwise provided
by law. Thus, Congress itself may by law increase the A: The party-list system is intended to democratize
composition of the HR. (Tobias v. Abalos, G.R. No. L- political power by giving political parties that cannot
114783, December 8, 1994) win in legislative district elections a chance to win
seats in the HoR (PAGLAON CASE)
As such, when one of the municipalities of a congressional
district is converted to a city large enough to entitle it to
Q: Discuss the different parties under the party-list
one legislative district, the incidental effect is the splitting
system.
of district into two. The incidental arising of a new district in
this manner need not be preceded by a census. (Tobias v.
Abalos, G.R. No. L-114783, December 8, 1994) A: No votes cast in favor of political party,
organization or coalition shall be valid except for
Q: How should the reapportionment be made? those registered under the party-list system.
A: Reapportionment can be made thru a special law. 1. Political party organized group of citizens
(Mariano, Jr. vs. COMELEC, G.R. No. 118577, March 7, advocating ideology or platform, principles and
1995) policies for the general conduct of government
and which, as the most immediate means of
Q: What is Gerrymandering? Is it allowed? securing their adoption, regularly nominates and
supports certain of its leaders and members as
A: Gerrymandering is the formation of one legislative candidate in public office. (Bayan Muna v.
district out of separate territories for the purpose of COMELEC, G.R. No. 147612, June 28, 2001)
favoring a candidate or a party. It is not allowed 2. National party its constituency is spread over
because the Constitution provides that each district the geographical territory of at least a majority of
shall comprise, as far as practicable, contiguous, regions.

3. Regional party its constituency is spread over (Atong Paglaum, Inc. v. COMELEC, G.R. 203766, April
the geographical territory of at least a majority of 2, 2013).
the cities and provinces comprising the region.
4. Sectoral party organized group of citizens Q: Does the party-list law require national and
belonging to any of the following sectors: labor, regional parties or organizations to represent the
peasant, fisherfolk, urban poor, indigenous, marginzalized and underrepresented sectors?
cultural communities, elderly, handicapped,
women, youth, veterans, overseas workers and A: No. To require all national and regional parties
professionals, whose principal advocacy pertains under the party-list system to represent the
to the special interest and concerns of their marginalized and underrepresented is to deprive
sectors. and exclude, by judicial fiat, ideology-based and
5. Sectoral Organization refers to a group of cause-oriented parties from the party-list system.
citizens who share similar physical attributes or How will these ideology-based and cause-oriented
characteristics, employment, interest or parties, who cannot win in legislative district
concerns. elections, participate in the electoral process if they
6. Coalition refers to an aggregation of duly are excluded from the party-list system? To exclude
registered national, regional, sectoral parties or them from the party-list system is to prevent them
organizations for political and/or election from joining the parliamentary struggle, leaving as
purposes. their only option armed struggle. To exclude them
from the party-list system is, apart from being
Q: Is the party-list system solely for the benefit of obviously senseless, patently contrary to the clear
sectoral parties? intent and express wording of the 1987 Constitution
and RA 27941 (Atong Paglaum, Inc. v. COMELEC, G.R.
A: No. Section 5(1), Article VI of the Constitution is 203766, April 2, 2013).
crystal-clear that there shall be a party-list system of
negistered national, regional, and sectoral parties or Q: Can major political parties participate in the
organizations. The commas aafter the words party-list elections?
national(,) and regional(,) separate national and
regional parties from sectoral parties. Had the A: No. Major political parties cannot participate in the
framers of the 1987 Constitution intended national party-list elections since they neither lack well-
and regional parties to be at the same time sectoral, defined political constituencies nor represent
they would have stated national and regional marginalized and underrepresented sectors (Atong
sectoral parties. They did not, precisely because it Paglaum, Inc. v. COMELEC, G.R. 203766, April 2,
was never their intention to make the party-list 2013).
system exclusively sectoral.
Q: Can sectoral wings of major political parties
What the framers intended, and what they expressly participate in the party-list election?
wrote in Section 5(1), could not be any clearer: the
party-list system is composed of three different A: Yes. The participation of major political parties
groups, and the sectoral parties belong to only one of through their sectoral wings, a majority of whose
the three groups. The text of Section 5(1) leaves no members are marginalized and underrepresented
room for any doubt that national and regional parties or lacking in well-defined political constituencies,
are separate from sectoral parties (Atong Paglaum, will facilitate the entry of the marginalized and
Inc. v. COMELEC, G.R. 203766, April 2, 2013). underrepresented and those who lack well-defined
political constituencies as members of the HoR
Q: What groups compose the party-list system? (Atong Paglaum, Inc. v. COMELEC, G.R. 203766, April
2, 2013).
A: The party-list system is composed of three
different groups: (1) national parties or organizations; Q: What are the qualifications of party-list
(2) regional parties or organizations; and (3) sectoral nominees?
parties or organizations. National and regional parties
or organizations are different from different parties A: A party-list nominee must be a bona fide member
or organizations. National and regional parties or of the party or organization which he or she seeks to
organizations need not be organized along sectoral represent. In the case of sectoral parties, to be a bona
lines and need not represent any particular sector fide party list nominee one must either belong to
the sector represented, or have a track record of

advocacy for such sector (Atong Paglaum, Inc. v. belong to the sector they represent. The
COMELEC, G.R. 203766, April 2, 2013). nominees of sectoral parties or organizations
that represent the marginalized and
Q: What are the guidelines in determining who may underrepresented, or that represent those
participate in the party-list elections? who lack well-defined political
constituencies, either must belong to their
A: In determining who may participate in the coming respective sectors, or must have a track record
13 May 2013 and subsequent party-list elections, the of advocacy for their respective sectors. The
COMELEC shall adhere to the following parameters: nominees of national and regional parties or
1. Three different groups may participate in the organizations must be bona-fide members of
party-list system: (1) national parties or such parties or organizations.
organizations, (2) regional parties or
organizations, and (3) sectoral parties or 6. National, regional, and sectoral parties or
organizations. organizations shall not be disqualified if some
of their nominees are disqualified, provided
2. National parties or organizations and regional that they have at least one nominee who
parties or organizations do not need to remains qualified (Atong Paglaum, Inc. v.
organize along sectoral lines and do not need COMELEC, G.R. 203766, April 2, 2013).
to represent any marginalized and
underrepresented sector.
Q: Who shall be voted in a party-list election?
3. Political parties can participate in party-list
A: The registered national, regional or sectoral party-
elections provided they register under the
list groups or organizations and not their candidates.
party-list system and do not field candidates in
legislative district elections. A political party,
Q: Who are elected into office In a party-list
whether major or not, that fields candidates in
election?
legislative district elections can participate in
party- list elections only through its sectoral
A: It is the party-list representatives who are elected
wing that can separately register under the
into office, not their parties or organizations. These
party-list system. The sectoral wing is by itself
representatives are elected, however, through that
an independent sectoral party, and is linked to
peculiar party-list system that the Constitution
a political party through a coalition.
authorized and that Congress by law established
where the voters cast their votes for the
4. Sectoral parties or organizations may either be organizations or parties to which such party-list
marginalized and underrepresented or representatives belong. (Abayon v. HRET, G.R. No.
lacking in well-defined political 189466, February 11, 2010)
constituencies. It is enough that their
principal advocacy pertains to the special Q: What are the qualifications of party-list
interest and concerns of their sector. The nominees?
sectors that are marginalized and
underrepresented include labor, peasant, A:
fisherfolk, urban poor, indigenous cultural 1. Natural- born citizen of the Philippines;
communities, handicapped, veterans, and 2. Registered voter;
overseas workers. The sectors that lack well- 3. Resident of the Philippines for at least 1 year
defined political constituencies include immediately preceding the day of the election;
professionals, the elderly, women, and the 4. Able to read and write;
youth. 5. Bona fide member of the party or organization
which he seeks to represent at least 90 days
5. A majority of the members of sectoral parties preceding election day;
or organizations that represent the 6. At least 25 years of age. (not more than 30 years
marginalized and underrepresented must old for nominees for youth sector)
belong to the marginalized and
underrepresented sector they represent. Note: There is absolutely nothing in R.A. 7941 that prohibits
Similarly, a majority of the members of COMELEC from disclosing or even publishing through
sectoral parties or organizations that lack mediums other than the Certified List the names of the
well-defined political constituencies must party-list nominees. As may be noted, no national security

or like concerns is involved in the disclosure of the names representatives to the wisdom of the legislature.
of the party-list groups in question (Bantay RA 7941 v. (BANAT v. COMELEC, G.R. No. 179271, April21, 2009)
COMELEC, G.R. No. 177271; G.R. No. 177314, May 4, 2007)
Q: How shall the party-list representative seats be
Q: What is the effect of change of affiliation of any allocated?
party-list representative?
A: In determining the allocation of seats for party-list
A: Any elected party-list representative who changes representatives under Section 11 of R.A. No. 7941,
his political party or sectoral affiliation during his the following procedure shall be observed:
term of office shall forfeit his seat; provided that if he
changes his political party or sectoral affiliation within 1. The parties, organizations, and coalitions shall be
6 months before an election, he shall not be eligible ranked from the highest to the lowest based on
for nomination as party-list representative under his the number of votes they garnered during the
new party or organization (Amores v. HRET, G.R. No. elections.
189600, June29, 2010). 2. The parties, organizations, and coalitions
receiving at least 2% of the total votes cast for
Note: In case of vacancy in the seat reserved for party-list
the party-list system shall be entitled to one
representatives, the vacancy shall be automatically filled by
guaranteed seat each.
the next representative from the list of nominees in the
order submitted to the COMELEC by the same party, 3. Those garnering sufficient number of votes,
organization or coalition, who shall serve for the unexpired according to the ranking in paragraph 1, shall be
term. If the list is exhausted, the party, organization or entitled to additional seats in proportion to their
coalition concerned shall submit additional nominees. total number of votes until all the additional
seats are allocated.
Q: What is the formula mandated by the 4. Each party, organization, or coalition shall be
Constitution in determining the number of party-list entitled to not more than 3 seats.
representatives?
Note: In computing the additional seats, the guaranteed
A: The House of Representatives shall be composed seats shall no longer be included because they have already
of not more than 250 members, unless otherwise been allocated, at one seat each, to every two percent.
Thus, the remaining available seats for allocation as
fixed by law. (Sec. 5, Par. 1, Article VI, 1987
additional seats are the maximum seats reserved under
Constitution).
the party-list system less the guaranteed seats. Fractional
seats are disregarded in the absence of a provision in R.A.
The number of seats available to party-list 7941 allowing for a rounding off of fractional seats. (BANAT
representatives is based on the ratio of party-list v. COMELEC, G.R. No. 179271, April21, 2009)
representatives to the total number of
representatives. Accordingly, we compute the Q: Does the Constitution preclude Congress from
number of seats available to party-list representatives increasing its membership?
from the number of legislative districts.
A: No. The Constitution does not preclude Congress
from increasing its membership by passing a law,
other than a general re-apportionment law. Thus, a
law converting a municipality into a highly urbanized
city automatically creates a new legislative district,
and consequently increases the membership of the
HoR (Mariano v. COMELEC, G.R No. 118577, March 7,
1995).
This formula allows for the corresponding increase in Q: Is the continued operation of the two percent
the number of seats available for party-list threshold prescribed in Section 11 (b) R.A. 7941 with
representatives whenever a legislative district is respect to the allocation of additional seats valid?
created by law.
A: No. The Court therefore strikes down the two
After prescribing the ratio of the number of party-list percent threshold only in relation to the distribution
representatives to the total number of of the additional seats as found in the second clause
representatives, the Constitution left the manner of of Section 11 (b) of RA 7941. The two percent
allocating the seats available to party-list threshold presents an unwarranted obstacle to the

full implementation of Section 5(2), Article VI of the A: It is not for the benefit of the officials; rather, it is
Constitution and prevents the attainment of the to protect and support the rights of the people by
broadest possible representation of party, sectoral ensuring that their representatives are doing their
or group interests in the House of Representatives. jobs according to the dictates of their conscience. It is
(BANAT v. COMELEC, G.R. No. 179271, April 21, 2009) indispensable no matter how powerful the offended
party is.
Note: The 2% threshold is constitutional insofar as the
determination of the assured seat is concerned. Q: May a congressman who committed an offense
punishable for not more than 6 years, but is not
Q: Is the Philippine Mines Safety Environment attending session, be arrested?
Association v. COMELEC ruling, also known as the
Minero Ruling, providing that a party-list A: No. So long as he is an incumbent congressman,
organization that does not participate in an election and so long as Congress is in session, whether or not
necessarily gets, by default, less than 2% of the he is attending it, he shall be immune from arrest.
party-list votes a valid application of R.A. 7941? (People v. Jalosjos, G.R. Nos. 132875-76, Feb. 3,
2000).
A: No. The Minero Ruling is an erroneous application
of Section 6(8) of R.A. 7941 [also known as the Party- Q: Can a senator-lawyer be disbarred or disciplined
List System Act]; hence it cannot sustain PGBIs by the Supreme Court for statements made during a
delisting from the roster of registered national, privilege speech?
regional or sectoral parties, organizations or
coalitions under the party-list system. A: No. Indeed, the senator-lawyers privilege speech
is not actionable criminally or in a disciplinary
Its basic defect lies in its characterization of the non- proceeding under the Rules of Court. The Court,
participation of a party-list organization in an election however, would be remiss in its duty if it let the
as similar to a failure to garner the 2% threshold Senators offensive and disrespectful language that
party-list vote. What Minero effectively holds is that a definitely tended to denigrate the institution pass by.
party list organization that does not participate in an It is imperative on the Courts part to re-instill in
election necessarily gets, by default, less than 2% of Senator/Atty. Santiago her duty to respect courts of
the party-list votes. To be sure, this is a confused justice, especially this Tribunal, and remind her anew
interpretation of the law, given the laws clear and that parliamentary non-accountability thus granted to
categorical language and the legislative intent to treat members of Congress is not to protect them against
the two scenarios differently. Minero did unnecessary prosecutions for their own benefit, but to enable
violence to the language of the law, the intent of the them, as the peoples representatives, to perform the
legislature, and to the rule of law in general. functions of their office without fear of being made
responsible before the courts or other forums outside
Clearly, the Court cannot allow PGBI to be prejudiced the congressional hall. It is intended to protect
by the continuing validity of an erroneous ruling. members of congress against government pressure
Thus, the Court now abandons Minero and strikes it and intimidation aimed at influencing the decision-
out from our ruling case law. (Philippine Guardians making prerogatives of Congress and its members.
Brotherhood, Inc. [PGBI] v. COMELEC, G.R. no. (Pobre v. Sen. Defensor-Santiago, A.C. No. 7399, Aug.
190529, April 29, 2010) 25, 2009)
LEGISLATIVE PRIVILEGES, INHIBITIONS AND Q: Is Congress considered in session during a recess?

DISQUALIFICATIONS
A: No. It is not in session. During a recess, a
Q: What is immunity from arrest? congressman who has committed an offense
punishable by not more than 6 years imprisonment
A: Legislators are privileged from arrest while may be arrested.
Congress is in session with respect to offenses
punishable by up to 6 years of imprisonment. (Sec. Q: Is there immunity from searches?
11, Art. VI of 1987 Constitution)
A: No. The Constitution provides only a privilege from
Q: What is the purpose of parliamentary arrest in order to ensure the attendance of
immunities? Congressmen.

Q: What is legislative privilege? Congressional Committees duly authorized to

perform its functions as such, at the time of the
A: No member shall be questioned or held liable in performance of the acts in question (Jimenez v.
any forum other than his/her respective Cabangbang, G.R. No. L-15905, Aug. 3, 1966).
Congressional body for any debate or speech in
Congress or in any committee thereof. (Sec. 11, Note: The purpose of the privilege is to ensure the effective
Article VI; Pobre v. Sen. Santiago, A.C.No, 7399, Aug. discharge of functions of Congress. The privilege may be
25, 2009) abused but it is said that such is not so damaging or
detrimental as compared to the denial or withdrawal of
such privilege.
Q: What are the limitations on legislative privilege?
Q: What are the prohibitions attached to a legislator
A:
during his term?
1. Protection is only against forum other than
Congress itself. Thus, for defamatory remarks,
A:
which are otherwise privileged, a member may
1. Incompatible office No senator or member of
be sanctioned by either the Senate or the House
the House of Representatives may hold any other
as the case may be.
office or employment in the Government, or any
subdivision, agency, or instrumentality thereof,
2. The speech or debate must be made in
including government owned and controlled
performance of their duties as members of
corporations or their subsidiaries during his term
Congress.
without forfeiting his seat (Sec. 13, Art.VI)
Q: Can the Sandiganbayan order the preventive
Note: Forfeiture of the seat in Congress shall be
suspension of a Member of the HoR being automatic upon the members assumption of such
prosecuted criminally for the violation of the Anti- other office deemed incompatible with his seat in
Graft and Corrupt Practices Act? Congress. However, no forfeiture shall take place if the
member of Congress holds the other government
A: Yes. The accused cannot validly argue that only his office in an ex-officio capacity.
peers in the House of Representatives can suspend
him because the court-ordered suspension is a 2. Forbidden office Neither shall a senator or a
preventive measure that is different and distinct from member of the House of Representatives be
the suspension ordered by his peers for disorderly appointed to any office which may have been
behaviour which is a penalty. (Paredes, created or the emoluments thereof increased
Jr. v. Sandiganbayan, G.R. No, 118354, Aug. 8, 1995) during the term for which he was elected. (Sec.
13, Art. VI)
Q: What are the two (2) requirements for the
privilege of Speech and Debate to operate? Note: With this, even if the member of the Congress is
willing to forfeit his seat therein, he may not be
appointed to any office in the government that has
A: That
been created or the emoluments thereof have been
1. The remarks must be made while the legislature
increased during his term. Such a position is forbidden
or the legislative committee is functioning, that office. The purpose is to prevent trafficking in public
is, in session; office.
2. They must be made in connection with the
discharge of official duties. The provision does not apply to elective offices.
Q: What does speech or debate encompass? The appointment of the member of the Congress to
the forbidden office is not allowed only during the
term for which he was elected, when such office was
A: It includes utterances made by Congressmen in the
created or its emoluments were increased. After such
performance of their official functions, such as
term, and even if the legislator is re-elected, the
speeches delivered, statements made, or votes cast disqualification no longer applies and he may
in the halls of Congress, while the same is in session, therefore be appointed to the office.
as well as bills introduced in Congress, whether the
same is in session or not, and other acts performed Q. What is the rule on increase in salaries?
by Congressmen, either in Congress or outside the
premises housing its offices, in the official discharge A. No, increase in the salaries shall take effect until
of their duties as members of Congress and of after the expiration of the FULL TERM of all the

members of the Senate and the House of of his office.

Representatives approving such increase.
Q: Are legislators required to disclose their assets
Q: What are the particular inhibitions attached to and liabilities?
their office?
A: Yes. All members of the Senate and HoR shall upon
A: assumption of office and as often thereafter as may
1. Senators and Representatives are prohibited be required by law, submit a declaration under oath
from Personally appearing as counsel before of his assets, liabilities and net worth. (Sec. 12, Art.
any court of justice or before the Electoral VI)
Tribunals, or quasi-judicial or other
administrative bodies. (Sec. 14, Art. VI) QUORUM AND VOTING MAJORITIES
2. Upon assumption of office, must make a full
disclosure of financial and business interests. Q: What is a quorum?
Shall notify the House concerned of a potential
conflict in interest that may arise from the filing A: A quorum is such number which enables a body to
of a proposed legislation of which they are transact its business. It is such number which makes a
authors. (Sec. 12, Art. VI) lawful body and gives such body the power to pass a
law or ordinance or any valid act that is binding.
Q: What are the disqualifications attached to their
office and when are they applicable? Alternative Answer:
Quorum is based on the proportion between those
A: physically present and the total membership of the
DISQUALIFICATION APPLICABLE WHEN body.
Cannot hold any other office During his term. If he
or employment in the Govt does so, he forfeits his Note: In computing quorum, members who are outside the
or any subdivision, agency or seat.(Sec. 13, Art.VI) country and thus outside of each Houses jurisdiction are
instrumentality thereof, not included. The basis for determining the existence of a
including GOCCs or their quorum in the Senate shall be the total number of Senators
subsidiaries. (Sec. 13, Art.VI) who are within the coercive jurisdiction of the Senate
(Avelino v. Cuenco, G.R. No. L-2821, March 4, 1949).
Legislators cannot be If the office was created
appointed to any office.(Sec. or the emoluments
Q: What is the effect if there is no quorum?
13, Art.VI) thereof increased
during the term for
A: In the absence of quorum, each House may
which he was elected.
adjourn from day to day and may compel the
(Sec. 13, Art.VI)
attendance of absent members in such manner and
Legislators cannot personally During his term of
under such penalties as each House may provide.
appear as counsel before any office.
court of justice, electoral
Note: The members of the Congress cannot compel
tribunal, quasi-judicial and
absent members to attend sessions if the reason of
administrative bodies. (Sec.
absence is a legitimate one. The confinement of a
14, Art.VI)
Congressman charged with a non-bailable offense
Legislators cannot be During his term of
(more than 6 years) is certainly authorized by law and
financially interested directly office.
has constitutional foundations (People v. Jalosjos,
or indirectly in any contract
G.R. No. 132875-76, February 3, 2000)
with or in any franchise, or
special privilege granted by
Q: What does majority vote mean?
the Government, or any
subdivision agency or
A: Majority refers to more than half of the total or
instrumentality thereof,
aggregate. Although the Constitution provides that
including the GOCC or its
the Speaker and the Senate President shall be elected
subsidiary. (Sec. 14, Art.VI)
by a majority of all members, the Constitution does
Legislators cannot intervene When it is for his not provide that those who will not vote for the
in any matter before any pecuniary benefit or winner (by majority vote) are ipso facto the minority
office of the Govt.(Sec. 14, where he may be called who can elect the minority leader. Majority votes
Art.VI) upon to act on account pertain only to such number or quantity as may be

required to elect an aspirant as such. There is no 2/3 of the Members of

indication that by such election, the houses are the other House
already divided into the majority camp and the
minority camp. To determine the 2/3 of both Houses voting
Presidents disability after separately (Sec. 11,
Majority vote refers to the political party with the submissions by both the Art.VII)
most number of backings; refer to the party, faction Cabinet and the President
or organization with the most number of votes but
not necessarily more than one half (plurality). Q: Can the courts intervene in the implementation
(Santiago v. Guingona, G.R. No. 134577, Nov. 18, of the internal rules of Congress?
1998)
A: No. As part of their inherent power, Congress can
Q: What are the instances when Congress is voting determine their own rules. Hence, the courts cannot
separately and voting jointly? intervene in the implementation of these rules
insofar as they affect the members of Congress
A: (Osmea v. Pendatun, G.R. No L-17144, Oct. 28, 1960)
SEPARATE JOINT
- Choosing the - When revoking or Q: Who are the elected officers of Congress?
President in case of a extending the
tie(Sec. 4, Art.VII) proclamation A:
- Determining suspending the 1. Senate President
Presidents disability privilege of writ of 2. Speaker of the House
(Sec. 11, Art.VII) habeas corpus (Sec. 3. Such officers as deemed by each house to be
- Confirming 18, Art. VII) necessary
nomination of Vice- - When revoking or
President (Sec. 9, extending the Q: How is election of officers done?
Art.VI) declaration of
- Declaring the martial law (Sec. 18, A: By a majority vote of all respective members
existence of a state of Art.VII). (Sec.16, Par. 1, Art. VI).
war in joint session
(Sec. 23, Art.VI) Q: When is the regular session of Congress?
- Proposing
th
Constitutional A: Congress convenes once every year on the 4
amendments (Sec. 1, Monday of July, unless otherwise provided for by law.
Art.XVII) It continues in session for as long as it sees fit, until
30 days before the opening of the next regular
Q: What are the instances when Congress votes session, excluding Saturdays, Sundays, and legal
other than majority? holidays. (Sec. 15, Art. VI)
A: Q: What are the instances when there are special

INSTANCES WHEN NUMBER OF VOTES sessions?
CONGRESS VOTES REQUIRED
To suspend or expel a 2/3 of all its members A:
member in accordance (Sec. 16,Par. 3,Art.VI) 1. Due to vacancies in the offices of the President
with its rules and and Vice President at 10 oclock a.m. on the third
proceedings day after the vacancies; (Sec. 10,Art.VI)
To enter the Yeas and nays 1/5 of the members 2. To decide on the disability of the President
in the Journal present (Sec. 16, Par. 4, because a majority of all the members of the
Art. VI) cabinet have disputed his assertion that he is
To declare the existence of 2/3 of both houses in able to discharge the powers and duties of his
a state of war joint session voting office; (Sec. 11,Art.VII)
separately (Sec. 23, Art. 3. To revoke or extend the Presidential
VI) Proclamation of Martial Law or suspension of the
privilege of the writ of habeas corpus;(Sec. 18,
To re-pass a bill after 2/3 of the Members of
Art. VII)
Presidential veto the House where it
originated followed by

4. Called by the President at any time when for misbehaviour as a member of Congress. (Santiago v.
Congress is not in session; Sec. 15, Art. VI) Sandiganbayan, G.R. No. 128055, April 18, 2001).
5. To declare the existence of a state of war in a
joint session, by vote of 2/3rds of both Houses; ELECTORAL TRIBUNAL AND THE
(Sec. 23, Par. 1, Art. VI) COMMISSION ON APPOINTMENTS
6. When the Congress acts as the Board of
Canvassers for the Presidential and Vice- Q: What is the composition of the electoral tribunal
Presidential elections; (Sec. 4, Art. VII) (ET)?
7. During impeachment proceedings. (Sec. 3, Par. 4
and 6, Art. XI) A:
1. 3 Supreme Court Justices designated by the Chief
Q: What is a Mandatory Recess? Justice;
2. 6 members of the Chamber concerned (Senate or
A: A mandatory recess is prescribed for the 30-day HoR) chosen on the basis of proportional
period before the opening of the next regular session, representation from the political parties and
excluding Saturdays, Sundays and legal holidays. This parties registered under the party-list system
is the minimum period of recess and may be (Sec. 17, Art. VI).
lengthened by the Congress in its discretion. It may
however, be called in special session at any time by Note: The senior Justice in the Electoral Tribunal shall be its
the President. (Sec. 15, Art. VI) chairman.
Q: What is the rule on adjournment? Q: What is the jurisdiction of the Electoral Tribunals?
A: Neither House during the sessions of the Congress A: Each electoral tribunal shall be the sole judge of all
shall, without the consent of the other, adjourn for contests relating to the election, returns, and
more than 3 days, nor to any other place than that in qualifications of their respective members (Sec. 17,
which the two Houses shall be sitting. (Sec. 16, Par. 5, Art. VI). This includes determining the validity or
Art. VI) invalidity of a proclamation declaring a particular
candidate as the winner. Each ET is also vested with
Q: What is adjournment sine die? rule-making power (Lazatin v. HRET, G.R. No. L-
84297, Dec. 8, 1988.
A: Interval between the session of one Congress and
that of another. It is independent of the Houses of Congress and its
decisions may be reviewed by the Supreme Court
DISCIPLINE OF MEMBERS only upon showing of grave abuse of discretion.
Q: May each house of congress punish its members Q: What is an election contest?
for disorderly behavior?
A: Where a defeated candidate challenges the
A: Yes. Each house may punish its members for qualification and claims for himself the seat of the
disorderly behavior and, with concurrence of 2/3 of proclaimed winner. In the absence of an election
all its members, suspend, for not more than 60 days, contest, ET is without jurisdiction.
or expel a member. (Sec. 16, Par. 3, Art. VI).
Note: Once a winning candidate has been proclaimed,
taken his oath, and assumed office as a member of the
Q: What is contemplated by disorderly behavior? HoR, COMELECs jurisdiction over election contests relating
to his election, returns, and qualification ends, and the
A: The interpretation of the phrase disorderly HRETs own jurisdiction begins. The phrase election,
behavior is the prerogative of the House concerned returns, and qualifications should be interpreted in its
and cannot be judicially reviewed (Osmea v. totality as referring to all matters affecting the validity of
Pendatun, G.R. No. L-17144, Oct.28, 1960). the contestees title. (Vinzons-Chato v. COMELEC, G.R. No.
172131, April 2, 2007)
Note: Members of Congress may also be suspended by the
Sandiganbayan or by the Office of the Ombudsman. The Q: In the absence of election contest, what power
suspension in the Constitution is different from the does each House have over its members?
suspension prescribed in RA 3019, Anti-Graft and Corrupt
Practices Act. The latter is not a penalty but a preliminary A: The power of each House to expel its members or
preventive measure and is not imposed upon the petitioner even to defer their oath taking until their

qualifications are determined may still be exercised decision, there is no appeal. Appeal is not a
even without an election contest. constitutional but merely a statutory right.
Q: Pat Alampay ran for HoR. A disqualification case Q: Is there any remedy from its decision?
was filed against her on account of her residence.
The case was not resolved before the election. Pat A: Yes. A special civil action for certiorari under Rule
won the election. However, she was not proclaimed. 65 of the Rules of Court may be filed. This is based on
Pat now questions the COMELECs jurisdiction over grave abuse of discretion amounting to lack or excess
the case. Does the COMELEC have jurisdiction over of jurisdiction. This shall be filed before the Supreme
the case? Court.
A: Yes. HRETs jurisdiction as the sole judge of all Q: What is the composition of the Commission on
contests relating to elections, etc. of members of Appointments (CA)?
Congress begins only after a candidate has become a
member of the HoR. Since Imelda has not yet been A:
proclaimed, she is not yet a member of the HoR. 1. Senate President as ex-officio chairman
Thus, COMELEC retains jurisdiction. (Romualdez- 2. 12 Senators
Marcos v. COMELEC, G.R. No. 119976, Sept. 18, 1995) 3. 12 members of the HoR (Sec. 18, Art. VI)
Q: Does the HRET have authority to pass upon the Note: A political party must have at least 2 elected senators
eligibilities of the nominees of the party-list groups for every seat in the Commission on Appointments. Thus,
that won in the lower house of Congress? where there are two or more political parties represented
in the Senate, a political party/coalition with a single
senator in the Senate cannot constitutionally claim a seat in
A: Yes. By analogy with the cases of district
the Commission on Appointments. It is not mandatory to
representatives, once the party or organization of the elect 12 senators to the Commission; what the Constitution
party-list nominee has been proclaimed and the requires is that there must be at least a majority of the
nominee has taken his oath and assumed office as entire membership. (Guingona, Jr. v. Gonzales, G.R. No.
member of the HoR, the COMELECs jurisdiction over 106971, Oct. 20, 1992)
election contests relating to his qualifications ends
and the HRETs own jurisdiction begins. (Abayon v. Q: How are the 12 Senators and 12 Representatives
HRET, G.R. No. 189466, Feb. 11, 2010) chosen?
Q: What are the valid grounds or just causes for A: The members of the Commission shall be elected
termination of membership to the tribunal? by each House on the basis of proportional
representation from the political party and party list.
A: Accordingly, the sense of the Constitution is that the
1. Expiration of Congressional term of Office membership in the Commission on Appointment
2. Death or permanent disability must always reflect political alignments in Congress
3. Resignation from the political party he and must therefore adjust to changes. It is
represents in the tribunal understood that such changes in party affiliation
4. Formal affiliation with another political party must be permanent and not merely temporary
5. Removal from office for other valid reasons. alliances (Daza v. Singson, G.R. No. 86344, Dec. 21,
(Bondoc v. Pineda, G.R. No. 97710, Sept. 26, 1989). Endorsement is not sufficient to get a seat in
1991) COA.
Q: Can the ET meet when Congress is not in session? Note: The provision of Sec. 18, Art. VI of the Constitution,
on proportional representation is mandatory in character
A: Yes. Unlike the Commission on Appointments, the and does not leave any discretion to the majority party in
the Senate to disobey or disregard the rule on proportional
ET shall meet in accordance with their rules,
representation; otherwise, the party with a majority
regardless of whether Congress is in session or not.
representation in the Senate or the HoR can by sheer force
of numbers impose its will on the hapless minority. By
Q: Is there an appeal from the ETs decision? requiring a proportional representation in the CA, Sec. 18 in
effect works as a check on the majority party in the Senate
A: No. Sec. 17 of Art. VI provides that the SET/HRET is and helps maintain the balance of power. No party can
the sole judge of all contests. Hence, from its claim more than what it is entitled to under such rule
(Guingona, Jr. v. Gonzales, G.R. No. 105409, March1, 1993).

Q: What is the jurisdiction of the CA? POWERS OF CONGRESS
A: CA shall confirm the appointments by the LEGISLATIVE

President with respect to the following positions:
HAPCOO Q: What are the legislative powers of Congress?
1. Heads of the Executive departments. (except if it A:

is the Vice-President who is appointed to the 1. General plenary power (Sec. 1, Art. VI)
post) 2. Specific power of appropriation
2. Ambassadors, other Public ministers or Consuls 3. Taxation and expropriation
3. Officers of the AFP from the rank of colonel or 4. Legislative investigation
naval captain 5. Question hour
4. Other officers whose appointments are vested in
him by the Constitution (i.e. COMELEC members) Q: What is Legislative Power?
(Bautista v. Salonga, G.R. No. 86439, April 13,
1989) A: It is the power or competence of the legislative to
propose, enact, ordain, amend/alter, modify,
Q: What are the rules on voting? abrogate or repeal laws. It is vested in the Congress
which shall consist of a Senate and a House of
A: Representatives, except to the extent reserved to the
1. The CA shall rule by a majority vote of all the people by the provision on initiative and referendum.
members.
2. The chairman shall only vote in case of tie. Q: What is the Doctrine of Shifting Majority?
3. The CA shall act on all appointments within 30
session days from their submission to Congress A: For each House of Congress to pass a bill, only the
(Sec. 18, Art. VI) votes of the majority of those present in the session,
there being a quorum, is required.
Q: What are the limitations on confirmation?
Q: What are the Rules regarding the Passage of Bills?
A:
1. Congress cannot by law prescribe that the A:
appointment of a person to an office created by 1. No bill passed by either House shall become a
such law be subject to confirmation by the CA. law unless it has passed three readings on
2. Appointments extended by the President to the separate days.
above-mentioned positions while Congress is not 2. Printed copies of the bill in its final form should
in session shall only be effective until disapproval be distributed to the Members 3 days before its
by the CA or until the next adjournment of passage (except when the President certifies to
Congress (Sarmiento III v. Mison, G.R. No. L- the necessity of its immediate enactment to
79974, Dec. 17, 1987). meet a public calamity or emergency)
3. Upon the last reading of a bill, no amendment
Q: What are the guidelines in the meetings of the thereto shall be allowed.
CA? 4. The vote on the bill shall be taken immediately
after the last reading of a bill.
A: 5. The yeas and the nays shall be entered in the
1. Meetings are held either at the call of the Journal.
Chairman or a majority of all its members.
2. Since the CA is also an independent XPN: The certification of the President
constitutional body, its rules of procedure are dispenses with the reading on separate days
also outside the scope of congressional powers and the printing of the bill in the final form
as well as that of the judiciary. (Bondoc v. Pineda, before its final approval. (Tolentino v.
G.R. No. 97710, Sept. 26, 1991) Secretary of Finance, G.R.No. 115455, Oct.
30, 1995)
Note: The ET and the CA shall be constituted within 30 days
after the Senate and the HoR shall have been organized Q: When does a bill become a law?
with the election of the Senate President and the Speaker
of the House.
A:

1. Approved and signed by the President confined only to the legislative purpose. This is
2. Presidential veto overridden by 2/3 vote of all also to avoid abuses.
members of both Houses 3. The investigation must be in aid of legislation.
3. Failure of the President to veto the bill and to 4. Congress may not summon the President as
return it with his objections to the House where witness or investigate the latter in view of the
it originated, within 30 days after the date of doctrine of separation of powers except in
receipt impeachment cases.
4. A bill calling a special election for President and
Vice-President under Sec. 10. Art. VII becomes a Note: It is the Presidents prerogative to divulge or not
law upon its approval on the third reading and the information which he deems confidential or
final reading prudent in the public interest.
LEGISLATIVE INQUIRIES AND OVERSIGHT 5. Congress may no longer punish the witness in
FUNCTIONS contempt after its final adjournment. The basis
of the power to impose such penalty is the right
Q: What does Section 21, Article VI of the to self-preservation. And such right is
Constitution provides? enforceable only during the existence of the
legislature (Lopez v. Delos Reyes, G.R. No. L-
A: The Senate or the House of Representatives or any 3436,Nov. 5, 1930).
of its respective committees may conduct inquiries in 6. Congress may no longer inquire into the same
aid of legislation in accordance with its duly published justiciable controversy already before the court
rules of procedure. The rights of persons appearing (Bengzon v. Blue Ribbon Committee, G.R. No.
in, or affected by, such inquiries shall be respected. 89914, Nov. 20, 1991).
Q: What is the scope of subject matter of the power Q: Senator Jogie Repollo accused the Vice Chairman
to conduct inquiries in aid of legislation? of the Standard Chartered Bank of violating the
Securities Regulation Code for selling unregistered
A: Indefinite. The field of legislation is very wide as foreign securities. This has led the Senate to conduct
compared to that of the American Congress. And investigation in aid of legislation. SCB refused to
because of such, the field of inquiry is also very attend the investigation proceedings on the ground
broad. It may cover administrative inquiries, social, that criminal and civil cases involving the same
economic, political problem (inquiries), discipline of issues were pending in courts. Decide.
members, etc. Suffice it to say that it is co-extensive
with legislative power. (Arnault v. Nazareno, G.R. No. A: The mere filing of a criminal or an administrative
L-3820, July 18, 1950) complaint before a court or a quasi-judicial body
should not automatically bar the conduct of
Note: In aid of legislation does not mean that there is pending legislative investigation. Otherwise, it would be
legislation regarding the subject of the inquiry. In fact, investigation extremely easy to subvert any intended inquiry by
may be needed for purposes of proposing future legislation. Congress through the convenient ploy of instituting a
criminal or an administrative complaint. Surely, the
If the stated purpose of the investigation is to determine the
existence of violations of the law, the investigation is no longer in exercise of sovereign legislative authority, of which
aid of legislation but in aid or prosecution. This violates the the power of legislative inquiry is an essential
principle of separation of powers and is beyond the scope of component, cannot be made subordinate to a
Congressional powers. criminal or an administrative investigation. (Standard
Chartered Bank v. Senate, G.R. No. 167173, Dec. 27,
Q: What are the limitations on legislative 2007)
investigation?
Q: Distinguish the above-mentioned case from the
A: case of Bengzon v. Senate Blue Ribbon Committee.
1. Under Sec. 21, Art. VI, the persons appearing in
or affected by such legislative inquiries shall be A: It is true that in Bengzon, the Court declared that
respected. the issue to be investigated was one over which
2. The Rules of procedures to be followed in such jurisdiction had already been acquired by the
inquiries shall be published for the guidance of Sandiganbayan, and to allow the [Senate Blue
those who will be summoned. This must be Ribbon] Committee to investigate the matter would
strictly followed so that the inquiries are create the possibility of conflicting judgments; and
that the inquiry into the same justiciable controversy

would be an encroachment on the exclusive domain the President of the Senate or the Speaker of the HoR
of judicial jurisdiction that had set in much earlier. at least 3 days before their scheduled appearance.
Interpellations shall not be limited to written
To the extent that, in the case at bench, there are a questions, but it may cover matters related thereto.
number of cases already pending in various courts When the security of the State or the public interest
and administrative bodies involving the petitioners, so requires and the President so states in writing, the
relative to the alleged sale of unregistered foreign appearance shall be conducted in executive session
securities, there is a resemblance between this case (Sec. 22, Art.VI)
and Bengzon. However, the similarity ends there.
Q: Distinguish question hour from legislative
Central to the Courts ruling in Bengzon -- that the investigation.
Senate Blue Ribbon Committee was without any
constitutional mooring to conduct the legislative A:
investigation -- was the Courts determination that LEGISLATIVE
QUESTION HOUR
the intended inquiry was not in aid of legislation. The INVESTIGATION
(SEC. 22, ART. VI,
Court found that the speech of Senator Enrile, which (SEC. 21, ART. VI,
1987 CONSTITUTION)
sought such investigation contained no suggestion of 1987 CONSTITUTION)
any contemplated legislation; it merely called upon As to persons who may appear
the Senate to look into possible violations of Sec. 5, Only a department head Any person
R.A. No. 3019. Thus, the Court held that the As to who conducts the investigation
requested probe failed to comply with a fundamental Entire body Committees/Entire Body
requirement of Sec. 21, Article VI of the Constitution. As to subject matter
(Standard Chartered Bank v. Senate, G.R. No. 167173, Matters related to the Any matter for the
Dec. 27, 2007) department only purpose of legislation
Q: Does Congress have the power to cite persons in
Q: What is the power of oversight of Congress?
contempt?
A: The power of oversight embraces all activities
A: Yes. Even if the Constitution only provides that
undertaken by Congress to enhance its understanding
Congress may punish its members for disorderly
of and influence over the implementation of
behavior or expel the same, it is not an exclusion of
legislation it has enacted. It concerns post-enactment
power to hold other persons in contempt.
measures undertaken by Congress. (Concurring and
Dissenting Opinion of Justice Puno,Macalintal v.
Note: Congress has the inherent power to punish
recalcitrant witnesses for contempt, and may have them
COMELEC, G.R. No. 157013, July 10, 2003)
incarcerated until such time that they agree to testify. The
continuance of such incarceration only subsists for the Q: What is the scope of the power of oversight?
lifetime, or term, of such body. Thus, each House lasts for
only 3 years. But if one is incarcerated by the Senate, it is A: To:
indefinite because the Senate, with its staggered terms, is a 1. Monitor bureaucratic compliance with program
continuing body. objectives;
2. Determine whether agencies are properly
Q: Does the pardoning power of the President apply administered;
to cases of legislative contempt? 3. Eliminate executive waste and dishonesty;
4. Prevent executive usurpation of legislative
A: No. It is a limitation on the Presidents power to authority; and
pardon by virtue of the doctrine of separation of 5. Assess executive conformity with the
powers. congressional perception of public interest.
(Concurring and Dissenting Opinion of Justice
Q: What is the so-called question hour? Puno, Macalintal v. COMELEC, G.R. No. 157013,
July 10, 2003)
A: The heads of departments may upon their own
initiative, with the consent of the President, or upon Q: What are the bases of oversight power of
the request of either House, as the rules of each Congress?
House shall provide, appear before and be heard by
such House on any matter pertaining to their A: The power of oversight has been held to be:
departments. Written questions shall be submitted to

1. Intrinsic in the grant of legislative power itself; the form of an inward-turning delegation designed to
2. Integral to the system of checks and balances; attach a congressional leash to an agency to which
and Congress has by law initially delegated broad powers.
3. Inherent in a democratic system of government. It radically changes the design or structure of the
Constitutions diagram of power as it entrusts to
Q: What are the categories of Congressional Congress a direct role in enforcing, applying or
Oversight Functions? implementing its own laws. Thus, legislative veto is
not allowed in the Philippines. (ABAKADA Guro Party-
A: SIS list v. Purisima, G.R. No. 166715, Aug. 14, 2008)
1. Scrutinyimplies a lesser intensity and
continuity of attention to administrative Q: Can Congress exercise discretion to approve or
operations. Its primary purpose is to determine disapprove an IRR based on a determination of
economy and efficiency of the operation of whether or not it conformed to the law?
government activities. In the exercise of
legislative scrutiny, Congress may request A: No. In exercising discretion to approve or
information and report from the other branches disapprove the IRR based on a determination of
of government. It can give recommendations or whether or not it conformed to the law, Congress
pass resolutions for consideration of the agency arrogated judicial power unto itself, a power
involved. It is based primarily on the power of exclusively vested in the Supreme Court by the
appropriation of Congress. But legislative Constitution. Hence, it violates the doctrine of
scrutiny does not end in budget hearings. separation of powers. (ABAKADA Guro Party-list v.
Congress can ask the heads of departments to Purisima, G.R. No. 166715, Aug. 14, 2008)
appear before and be heard by either the House
of Congress on any matter pertaining to their Q: May the Senate be allowed to continue the
department. Likewise, Congress exercises conduct of a legislative inquiry without a duly
legislative scrutiny thru its power of confirmation published rules of procedure?
to find out whether the nominee possesses the
necessary qualifications, integrity and probity A: No. The phrase duly published rules of
required of all public servants. procedure requires the Senate of every Congress to
publish its rules of procedure governing inquiries in
2. Congressional Investigationinvolves a more aid of legislation because every Senate is distinct
intense digging of facts. It is recognized under from the one before it or after it. (Garcillano v. House
Section 21, Article VI. Even in the absence of of Representatives Committee on Public Information,
constitutional mandate, it has been held to be an G.R. No. 170338, Dec. 23, 2008)
essential and appropriate auxiliary to the
legislative functions. Q: Is the Senate a continuing legislative body?
3. Legislative Supervisionit connotes a continuing A: The present Senate under the 1987 Constitution is
and informed awareness on the part of no longer a continuing legislative body. The present
congressional committee regarding executive Senate has 24 members, twelve of whom are elected
operations in a given administrative area. It every 3 years for a term of 6 years each. Thus, the
allows Congress to scrutinize the exercise of term of 12 Senators expires every 3 years, leaving less
delegated law-making authority, and permits than a majority of Senators to continue into the next
Congress to retain part of that delegated Congress (Garcillano v. House of Representatives
authority. Committee on Public Information, et al., G.R. No.
170338, Dec. 23, 2008).
Q: What is legislative veto? Is it allowed in the
Philippines? Note: There is no debate that the Senate as an institution is
"continuing", as it is not dissolved as an entity with each
A: Legislative veto is a statutory provision requiring national election or change in the composition of its
members. However, in the conduct of its day-to-day
the President or an administrative agency to present
business the Senate of each Congress acts separately and
the proposed IRR of a law to Congress which, by itself
independently of the Senate of the Congress before it.
or through a committee formed by it, retains a right
or power to approve or disapprove such regulations Undeniably, all pending matters and proceedings,
before they take effect. As such, a legislative veto in i.e.unpassed bills and even legislative investigations, of the
the form of a congressional oversight committee is in Senate of a particular Congress are considered terminated
upon the expiration of that Congress and it is merely

optional on the Senate of the succeeding Congress to take must follow its own internal rules if the rights of its
up such unfinished matters, not in the same status, but as if own members are affected. (Pimentel, Jr., et al v.
presented for the first time. The logic and practicality of Senate Committee of the Whole, G.R. No. 187713,
such a rule is readily apparent considering that the Senate
March 8, 2011)
of the succeeding Congress (which will typically have a
different composition as that of the previous Congress)
should not be bound by the acts and deliberations of the THE BICAMERAL CONFERENCE COMMITTEE
Senate of which they had no part. (Neri v. Senate
Committee on Accountability of Public Officers and Q: What is the purpose of the constitution of the
Investigations, GR. No. 180643, Sept. 4, 2008) Bicameral Conference Committee?
Q: What is its consequence? A: A Conference Committee is constituted and is

composed of Members from each House of Congress
A: The consequence is that the Rules of Procedure to settle, reconcile or thresh out differences or
must be republished by the Senate after every expiry disagreements on any provision of the bill.
of the term of the 12 Senators (Garcillano v. House of
Representatives Committee on Public Information, Q: If the version approved by the Senate is different
G.R. No. 170338, Dec. 23, 2008) from that approved by the House of
Representatives, how are the differences
Q: Is the publication of the rules in the Internet a reconciled?
valid publication?
A. In a bicameral system, bills are independently
A: The invocation of the Senators of the Provisions of processed by both Houses of Congress. It is not
The Electronic Commerce Act of 2000, to support unusual that the final version approved by one House
their claim of valid publication through the internet is differs from what has been approved by the other.
all the more incorrect. The law merely recognizes the
admissibility in evidence of electronic data messages The conference committee, consisting of members
and/or electronic documents. It does not make the nominated from both Houses, is an extra-
internet a medium for publishing laws, rules and constitutional creation of Congress whose function is
regulations. (Garcillano v. House of Representatives to propose to Congress ways of reconciling conflicting
Committee on Public Information, G.R. No. 170338, provisions found in the Senate version and in the
Dec. 23, 2008) House version of a bill. (Concurring and Dissenting
Opinion, J. Callejo, Sr., G.R. No. 168056, Sept. 1, 2005)
Q: Is the publication of the internal rules of the
House or Senate required? Q: Are the conferees limited to reconciling the
differences in the bill?
A: The Constitution does not require publication of
the internal rules of the House or Senate. Since rules A: The conferees are not limited to reconciling the
of the House or Senate affect only their members, differences in the bill but may introduce new
such rules need not be published, unless such rules provisions germane to the subject matter or may
expressly provide for their publication before the report out an entirely new bill on the subject.
rules can take effect. (Pimentel, Jr., et al v. Senate (Tolentino v. Secretary of Finance, G.R.No, 115455,
Committee of the Whole, G.R. No. 187713, March 8, Aug. 25, 1994)
2011).
Q: What is the scope of the powers of Bicameral
Q: Is the publication of the Rules of the Senate Conference Committee?
Committee of the Whole required for their
effectivity? A:
1. Adopt the bill entirely
A: In this particular case, the Rules of the Senate 2. Amend or Revise
Committee of the Whole itself provide that the Rules 3. Reconcile the House and Senate Bills
must be published before the Rules can take effect. 4. Propose entirely new provisions not found in
Thus, even if publication is not required under the either the Senate or House bills
Constitution, publication of the Rules of the Senate
Committee of the Whole is required because the
Rules expressly mandate their publication. xxx. To
comply with due process requirements, the Senate

LIMITATIONS ON LEGISLATIVE POWER A: Every bill passed by the Congress shall embrace
only one subject. The subject shall be expressed in
Q: What are the limitations on legislative powers? the title of the bill. This rule is mandatory.
A: Note: The purposes of such rule are: (1) To prevent

SUBSTANTIVE hodgepodge or log-rolling legislation; (2) To prevent
1. Express: surprise or fraud upon the legislature; and, (3) To fairly
apprise the people of the subjects of legislation.(Central
a. Bill of Rights (Art.III, 1987
Capiz v. Ramirez, G.R. No. 16197, March 12, 1920)
Constitution)
b. On Appropriations (Secs. 25 and
Q: How many readings must a bill undergo before it
29pars. 1 and 2, Art.VI)
may become a law?
c. On Taxation (Sections 28 and 29,
paragraph 3, Article VI)
A: Each bill must pass 3 readings in both Houses. In
d. On Constitutional appellate
other words, there must be a total of 6 readings.
jurisdiction of SC (Sec. 30, Art. VI)
e. No law granting title of royalty or
GR: Each reading shall be held on separate days and
nobility shall be passed (Sec.31, Art.
printed copies thereof in its final form shall be
VI)
distributed to its Members, 3 days before its passage.
f. No specific funds shall be
appropriated or paid for use or
XPN: If a bill is certified as urgent by the President
benefit of any religion, sect, etc.,
as to the necessity of its immediate enactment to
except for priests, etc., assigned to
meet a public calamity or emergency, the 3
AFP, penal institutions, etc. (Sec. 29,
readings can be held on the same day. (Sec. 26,
par. 2, Art.VI)
Art. VI)
2. Implied:
a. Prohibition against irrepealable
Q: What are the reasons for the three readings on
lawsN
three separate days rule?
b. Non-delegation of powers
PROCEDURAL A: To:
1. Only one subject, to be stated in the title of 1. Address the tendency of legislators, (on the last
the bill (Sec. 26, par. 1, Art.VI). day of the legislative year when legislators are
2. Three (3) readings on separate days; printed eager to go home)
copies of the bill in its final form distributed 2. Rush bills through
to members 3 days before its passage, 3. Insert alterations which would not otherwise
except if President certifies to its immediate stand scrutiny in leisurely debate
enactment to meet a public calamity or
Q: What is an appropriation bill?
emergency; upon its last reading, no
amendment allowed and the vote thereon
A: It is a bill, the primary and specific aim of which is
taken immediately and the yeas and nays
to appropriate a sum of money from the public
entered into the Journal (Sec.26, par. 2, Art.
treasury.
VI).
3. Appropriation bills, revenue bills, tariff bills,
Q: What is a revenue bill?
bills authorizing the increase of public debt,
bills of local application and private bills shall
A: A revenue bill is one specifically designed to raise
originate exclusively in the House of
money or revenue through imposition or levy.
Representatives. (Sec. 24, Art. VI)
Note: During the First Reading, only the title of the bill is Q: What is a bill of local application?
read and it is passed to the proper committee. On the
Second Reading, the entire text is read, debates and A: It is one which is limited to specific localities, such
amendments are held. On the Third Reading only the title is as for instance the creation of a town (Bernas
read votes are taken immediately thereafter. Commentary, p. 748, 2003). Hence, it is one involving
purely local or municipal matters, like a charter of a
Q: What is the so-called one bill-one subject rule? city.

Q: What are private bills, and how are they therein. (Sec. 25 Par. 4, Art. VI, 1987
illustrated? Constitution)
A: Those which affect private persons, such as for Q: What are the Constitutional rules on General
instance a bill granting citizenship to a specific Appropriations Laws?
foreigner (Bernas, 2003, p.748,).They are illustrated
by a bill granting honorary citizenship to a A:
distinguished foreigner (Cruz, Philippine Political Law, 1. Congress may not increase appropriations
1995, p. 155). recommended by the President for the
operations of the government;
LIMITATIONS ON REVENUE, APPROPRIATION AND 2. Form, content and manner of preparation of
TARIFF MEASURES budget shall be provided by law;
3. No provision or enactment shall be embraced in
Q: What are the constitutional limitations on the the bill unless it releases specifically to some
legislatives power to enact laws on revenue, particular appropriations therein;
appropriation and tariff measures? 4. Procedure from approving appropriations for
Congress shall be the same as that of other
A: departments in order to prevent sub-rosa
1. All appropriation, revenue or tariff bills, bills appropriations by Congress;
authorizing increase of the public debt, bills of 5. Prohibition against transfer of appropriations.
local application, and private bills, shall originate However, the following may, by law, be
exclusively in the House of Representatives, but authorized to augment any item in the general
the Senate may propose or concur with appropriations law for their respective offices
amendments. (Sec. 24, Art. VI) from savings in other items of their respective
appropriations (Doctrine of Augmentation):
Note: The initiative for filing of ART bills must come a. President
from the House, but it does not prohibit the filing in b. Senate President
the Senate of a substitute bill in anticipation of its c. Speaker of the HoR
receipt of the bill from the House, so long as the action d. Chief Justice
by the Senate is withheld pending the receipt of the
e. Heads of Constitutional Commissions.
House bill.(Tolentino v. Sec. of Finance, G.R. No.
115455, Aug. 25, 1994).
6. Prohibitions against appropriations for sectarian
benefit; and
2. The President shall have the power to veto any 7. Automatic re-appropriation if, by the end of
particular item or items in an appropriation, any fiscal year, the Congress shall have failed to
revenue, or tariff bill, but the veto shall not affect pass the general appropriations bill for the
the item or items to which he does not object. ensuing fiscal year, the general appropriations
(Sec.27, Art. VI) law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect
Q: What are the implied limitations on until the general appropriations bill is passed by
appropriation power? the Congress (Sec. 25, Par. 7, Art. VI).
A: Q: What is the power of appropriation?

1. Must specify public purpose
2. Sum authorized for release must be determinate, A: The spending power, also called the power of the
or at least determinable. (Guingona v. Carague, purse belongs to Congress, subject only to the veto
G.R. No. 94571, April22, 1991) power of the President. It carries with it the power to
specify the project or activity to be funded under the
Q: What are the constitutional limitations on special appropriation law.
appropriations measures?
Q: What is an appropriation law?
A:
1. Must specify public purpose for which the sum A: A statute, the primary and specific purpose of
was intended which is to authorize release of public funds from the
2. Must be supported by funds actually available as treasury.
certified by the National Treasurer or to be raised
by corresponding revenue proposal included Q: What is budget?

A: Financial program of the national government for Note: The proposed budget is not final. It is subject to the
the designated calendar year, providing for the approval of Congress but the President may exercise his or
estimates of receipts of revenues and expenditures. her veto power. Accordingly, the power of the purse
belongs to Congress, subject only to the veto power of the
President. The President may propose the budget but still
Q: What are the classifications of appropriations?
the final say on the matter of appropriation is lodged in the
Congress. (Philippine Constitution Association v. Enriquez,
A: G.R. No. 113105, Aug. 19, 1994)
1. General appropriation law passed annually,
intended for the financial operations of the Q: May Congress modify the budget proposed by the
entire government during one fiscal period; President?
2. Special appropriation law designed for a
specific purpose A: Yes. However, Congress may only reduce but not
increase the budget.
Q: The budget of a predominantly Muslim province
provides the Governor with a certain amount as his Q: May Congress increase its outlay for itself, the
discretionary funds. Recently, however, the Judiciary and other Constitutional bodies?
Sangguniang Panlalawigan passed a resolution
appropriating P100,000 as a special discretionary A: No, because it is presumed that their needs have
fund of the Governor, to be spent by him in leading already been identified while drafting the budget.
a pilgrimage of his provincemates to Mecca, Saudi
Arabia, Islam's holiest city. PRESIDENTIAL VETO AND CONGRESSIONAL
OVERRIDE
Philconsa, on constitutional grounds, has filed suit to
nullify the resolution of the Sangguniang Q: What is the rule on presidential veto?
Panlalawigan giving the special discretionary fund
to the Governor for the stated purpose. How would A:
you decide the case? Give your reasons. GR: If the President disapproves a bill enacted by
Congress, he should veto the entire bill. He is not
A: The resolution is unconstitutional. allowed to veto separate items of a bill.
1. First, it violates Art. VI, Sec. 29(2) of the
Constitution which prohibits the appropriation of XPN: Item-veto is allowed in case of
public money or property, directly or indirectly, Appropriation, Revenue, and Tariff bills. (Sec. 27,
for the use, benefit or support of any system of Par. 2, Art. VI).
religion;
2. Second, it contravenes Art. VI, Sec. 25(6) which XPNs to the XPN:
limits the appropriation of discretionary funds 1. Doctrine of inappropriate provisions a
only for public purposes. provision that is constitutionally
inappropriate for an appropriation bill
The use of discretionary funds for purely religious
may be singled out for veto even if it is
purpose is unconstitutional, and the fact that the
not an appropriation or revenue
disbursement is made by resolution of a local
item.(Gonzales v. Macaraig, Jr., G.R. No.
legislative body and not by Congress does not make it
87636, November 19, 1990)
any less offensive to the Constitution. Above all, the
2. Executive impoundment refusal of the
resolution constitutes a clear violation of the Non-
President to spend funds already
establishment Clause of the Constitution.
allocated by Congress for specific
purpose. It is the failure to spend or
Q: Who shall propose the budget?
obligate budget authority of any type.
(Philconsa v. Enriquez, G.R. No. 113105,
A: The President shall propose the budget and submit
August 19, 1994)
it to Congress. It shall indicate the expenditures,
sources of financing as well as receipts from previous
Q: When is there a pocket veto?
revenues and proposed revenue measures. It will
serve as a guide for Congress:
A: It occurs when:
1. The President fails to act on a bill; and
1. In fixing the appropriations;
2. The reason he does not return the bill to the
2. In determining the activities which should be
Congress is that Congress is not in session.
funded. (Sec. 22, Art. VII)

Note: Pocket veto is not applicable in the Philippines 7. Power to concur in treaties or international
because inaction by the President for 30 days never agreements; concurrence of at least 2/3 of all the
produces a veto even if Congress is in recess. The President members of the Senate (Sec. 21, Art. VII)
must still act to veto the bill and communicate his veto to
8. Power to confirm certain appointments/
Congress without need of returning the vetoed bill with his
nominations made by the President (Secs. 9 and
veto message.
16, Art. VII)
Q: When does the Constitution require that the yeas 9. Power of Impeachment (Sec. 2, Art. XI)
and nays of the Members be taken every time a 10. Power relative to natural resources (Sec. 2, Art.
House has to vote? XII)
11. Power of internal organization (Sec. 16, Art. VI)
A: a) Election of officers
1. Upon the last and third readings of a bill (Section b) Promulgate internal rules
26, Par. 2, Article VI); c) Disciplinary powers (Sec. 16, Art. VI)
2. At the request of 1/5 of the members present 12. Informing Function
(Section 16, Par. 4, Article VI); and
3. In repassing a bill over the veto of the President Q: State the conditions under which, during a period
(Section 27, Par. 1, Article VI). of national emergency, Congress is allowed to grant
emergency powers to the President.
Q: What is a rider?
A: Under Sec. 23[2], Article VI of the Constitution,
A: A rider is a provision in a bill which does not relate Congress may grant the President emergency powers
to a particular appropriation stated in the bill. Since it subject to the following conditions:
is an invalid provision under Sec. 25, Par. 2, Art. VII, 1. There is a war or other national emergency;
1987 Constitution, the President may veto it as an 2. The grant of emergency powers must be for a
item. limited period;
3. The grant of emergency powers is subject to such
Q. How can Congress override a Presidential veto? restrictions as Congress may prescribe; and
4. The emergency powers must be exercised to
A. If, after reconsideration, 2/3 of all members of carry out a national policy declared by Congress
such House agree to pass the bill, it shall be sent to
the other House by which it shall likewise be Q: What is the policy of the Philippines regarding
reconsidered and if approved by 2/3 of all members war?
of that House, it shall become a law without the need
of presidential approval. A: The Philippines renounces war as an instrument of
national policy. (Sec. 2, Art. II)
NON-LEGISLATIVE POWERS
Q: What are the voting requirements to declare the
Q: What are the Non-legislative powers of Congress? existence of a state of war?
A: A:
1. Power to declare the existence of state of war 1. 2/3 of both Houses
(Sec. 2, Par. 1, Art. VI) 2. In joint session
2. Power to act as Board of Canvassers in election 3. Voting separately
of President (Sec. 10, Art. VII)
3. Power to call a special election for President and Note: Even though the legislature can declare an existence
of war and enact measures to support it, the actual power
Vice-President (Sec. 10, Art. VII)
to engage in war is lodged nonetheless in the executive.
4. Power to judge Presidents physical fitness to
discharge the functions of the Presidency (Sec.
INFORMING FUNCTIONS
11, Art. VII)
5. Power to revoke or extend suspension of the
Q: Discuss the Informing function of Congress.
privilege of the writ of habeas corpus or
declaration of martial law (Sec. 18, Art. VII)
A: The informing function of the legislature includes
6. Power to concur in Presidential amnesties.
its function to conduct legislative inquiries and
Concurrence of majority of all the members of
investigation and its oversight power.
Congress (Sec. 19, Art. VII)

The power of Congress does not end with the finished Note: The enumeration is exclusive. (Sec. 2, Art. XI, 1987
task of legislation. Concomitant with its principal Constitution)
power to legislate is the auxiliary power to ensure
that the laws it enacts are faithfully executed. As well Q: What are the grounds for impeachment?
stressed by one scholar, the legislature fixes the
main lines of substantive policy and is entitled to see A:
that administrative policy is in harmony with it; it 1. Culpable violation of the Constitution
establishes the volume and purpose of public 2. Treason
expenditures and ensures their legality and propriety; 3. Bribery
it must be satisfied that internal administrative 4. Graft and Corruption
controls are operating to secure economy and 5. Other high crimes
efficiency; and it informs itself of the conditions of 6. Betrayal of public trust (Sec. 2, Art. XI, 1987
administration of remedial measure. Constitution)
The power of oversight has been held to be intrinsic Note: It is an exclusive list.
in the grant of legislative power itself and integral to
the checks and balances inherent in a democratic Q: What are the steps in the impeachment process?
system of government. Woodrow Wilson went one
step farther and opined that the legislatures A:
informing function should be preferred to its 1. Initiating impeachment case
legislative function. He emphasized that [E]ven more a. Verified complaint filed by any member of the
important than legislation is the instruction and House of Representatives or any citizen upon
guidance in political affairs which the people might resolution of endorsement by any member
receive from a body which kept all national concerns thereof.
suffused in a broad daylight of discussion. b. Included in the order of business within 10
(Concurring and Dissenting Opinion of Justice Puno, session days.
Macalintal v. COMELEC, G.R. No. 157013,July 10, c. Referred to the proper committee within 3
2003) session days from its inclusion.
d. The committee, after hearing, and by majority
POWER OF IMPEACHMENT vote of all its members, shall submit its report
to the House of Representatives together with
Q: What is impeachment? the corresponding resolution.
e. Placing on calendar the Committee resolution
A: It is a method by which persons holding within 10 days from submission;
government positions of high authority, prestige, and f. Discussion on the floor of the report;
dignity and with definite tenure may be removed
Note: If the verified complaint is filed by at least 1/3
from office for causes closely related to their conduct
of all its members of the House of Representatives,
as public officials.
the same shall constitute the Articles of
Impeachment, and trial by the Senate shall
Note: It is a national inquest into the conduct of public men forthwith proceed. (Sec. 3 (4), Art. XI, 1987
(Outline on Political Law, Nachura, 2006). Constitution)
It is primarily intended for the protection of the State, not

g. A vote of at least 1/3 of all the members of the
for the punishment of the offender. The penalties attached
to the impeachment are merely incidental to the primary House of Representatives shall be necessary
intention of protecting the people as a body politic. (The either to affirm a favorable resolution with the
Law on Public officers by Hector S. De Leon, 2008 ed.) Articles of Impeachment of the committee or
override its contrary resolution. (Sec. 3 (2-3),
Q: Who are the impeachable officers? Art. XI. 1987 Constitution)
A: 2. Trial and Decision in impeachment proceedings

1. President a. The Senators take an oath or affirmation
2. Vice-President b. When the President of the Philippines is on
3. Members of the Supreme Court trial, the Chief Justice of the SC shall preside
4. Members of the Constitutional Commissions but shall not vote.
5. Ombudsman c. A decision of conviction must be concurred in
by at least 2/3 of all the members of Senate.

Note: The Senate has the sole power to try and decide all (Gutierrez v. The House of Representatives Committee
cases of impeachment. (Sec. 3(6), Art. XI, 1987 Constitution) on Justice, G.R. No. 193459, Feb. 15, 2011)
Q: When is an impeachment deemed initiated? Q: What are the effects of conviction in

impeachment?
A: The proceeding is initiated or begins, when a
verified complaint is filed and referred to the A:
Committee on Justice for action. This is the initiating 1. Removal from office
step which triggers the series of step that follow. The 2. Disqualification to hold any other office under the
term to initiate refers to the filing of the Republic of the Philippines
impeachment complaint coupled with Congress 3. Party convicted shall be liable and subject to
taking initial action of said complaint. (Francisco v. prosecution, trial and punishment according to
House of Rep., G.R. No. 160261, November 10, 2003) law. (Sec. 3 (7). Art. XI, 1987 Constitution)
Q: Who has the power to determine the sufficiency Q: What are the limitations imposed by the
of form and substance of an impeachment Constitution upon the initiation of impeachment
complaint? proceedings?
A: Determination of sufficiency of form and A:

substance of an impeachment complaint is an 1. The House of Representatives shall have the
exponent of the express constitutional grant of exclusive power to initiate all cases of
rulemaking powers of the House of Representatives. impeachment.
In the discharge of that power and in the exercise of 2. Not more than one impeachment proceeding shall
its discretion, the House has formulated be initiated against the same official within a
determinable standards as to form and substance of period of one year.
an impeachment complaint. Furthermore the
impeachment rules are clear in echoing the Note: An impeachment case is the legal controversy that
constitutional requirements in providing that there must be decided by the Senate while an impeachment
must be a verified complaint or resolution and that proceeding is one that is initiated in the House of
the substance requirement is met if there is a recital Representatives. For purposes of applying the one year ban
of facts constituting the offense charged and rule, the proceeding is initiated or begins when a verified
complaint is filed and referred to the Committee on Justice
determinative of the jurisdiction of the committee.
for action. (Francisco v. House of Representatives, et. al.,
(Ma.Merceditas Gutierrez v. The House of
G.R. No. 160261, Nov. 10, 2003)
Representatives Committee on Justice, G.R. No.
193459, Feb. 15,2011) The power to impeach is essentially a non-legislative
prerogative and can be exercised by Congress only within
Q: What is the salutary reason of confining only one the limits of the authority conferred upon it by the
impeachment proceeding in a year? Constitution. (Francisco v. House of Representatives, et. al.,
G.R. No. 160261, Nov. 10, 2003)
A: Justice Azcuna stated that the purpose of the one-
Initiation takes place by the act of filing of the
year bar is two-fold:
impeachment complaint and referral to the House
1. To prevent undue or too frequent harassment
Committee on Justice. Once an impeachment complaint has
2. To allow the legislature to do its principal task of been initiated in the foregoing manner, another may not be
legislation. (Francisco v. House of Rep., G.R. No. filed against the same official within a one year period.
160261, Nov. 10, 2003) (Gutierrez v. House of Representatives Committee on
Justice, G.R. No. 193459, February 15, 2011)
The consideration behind the intended limitation
refers to the element of time, and not the number of
complaints. The impeachable officer should defend
himself in only one impeachment proceeding, so that
he will not be precluded from performing his official
functions and duties. Similarly, Congress should run
only one impeachment proceeding so as not to leave
it with little time to attend to its main work of law-
making. The doctrine laid down in Francisco that
initiation means filing and referral remains congruent
to the rationale of the constitutional provision.

EXECUTIVE DEPARTMENT
EXECUTIVE DEPARTMENT B. (Rule on immunity after tenure)

Once out of office, even before the end of the 6-
Q: To whom is executive power vested? year term, immunity for non-official acts is lost.
Such was the case of former President Joseph
A: The President. Estrada. Immunity cannot be claimed to shield a
non-sitting President from prosecution for
Note: The President is both the Head of State and the Chief alleged criminal acts done while sitting in office.
Executive. (Estrada v. Desierto, G.R. Nos. 146710-15, Mar. 2,
2001)
PRIVILEGES, INHIBITIONS AND
DISQUALIFICATIONS Q: Is a non-sitting President immune from suit for
acts committed during his tenure?
IMMUNITY AND PRIVILEGES
A: No, a non-sitting President does not enjoy
Q: What are the privileges of the President and VP? immunity from suit, even though the acts were done
A: during her tenure. The intent of the framers of the
Constitution is clear that the immunity of the
PRESIDENT VICE-PRESIDENT president from suit is concurrent only with his tenure
and not his term. Former President Arroyo cannot
1. Salary shall not be
1. Official residence; use the presidential immunity from suit to shield
decreased during his
2. Salary is determined herself from judicial scrutiny that would assess
tenure;
by law and not to be whether, within the context of amparo proceedings,
2. If appointed to a
decreased during his she was responsible or accountable for the abduction
Cabinet post, no need
tenure (Sec. 6, Art. of Rodriguez. (In Re: Petition for the Writ of Amparo
for Commission on
VII); and Habeas Data in favor of Noriel H. Rodriguez;
Appointments
3. Immunity from suit Noriel H. Rodriguez vs. Gloria Macapagal-Arroyo, et
confirmation (Sec. 3,
for official acts. al., G.R. Nos. 191805 &193160. Nov. 15, 2011)
Art. VII).
Q: What are the reasons for the Presidents
PRESIDENTIAL IMMUNITY
immunity from suit?
Q: What is presidential or executive immunity? A:
1. Separation of powers. The separation of powers
A: It is the immunity from suits during the Presidents
principle is viewed as demanding the executives
incumbency
independence from the judiciary, so that the
President should not be subject to the judiciarys
Q: What are the rules on executive immunity?
whim. (Almonte v. Vasquez, G.R. No. 95367, May
23, 1995)
A:
A. (Rules on immunity during tenure) 2. Public convenience. The grant is to assure the
1. The President is immune from suit during his
exercise of presidential duties and functions free
tenure. (In re: Bermudez, G.R. No. 76180,
from any hindrance or distraction, considering
Oct. 24, 1986) that the presidency is a job that, aside from
2. An impeachment complaint may be filed
requiring all of the office-holders time, demands
against him during his tenure. (Art. XI)
undivided attention. (Soliven v. Makasiar, G.R.
3. The President may not be prevented from
No. 82585, Nov. 14, 1988)
instituting suit. (Soliven v. Makasiar, G.R. No.
82585, Nov. 14, 1988)
Q: What is the principle of command responsibility?
4. There is nothing in our laws that would
prevent the President from waiving the
A: According to Fr. Bernas, command responsibility,
privilege. The President may shed the in its simplest terms, means the responsibility of
protection afforded by the privilege. (Soliven
commanders for crimes committed by subordinate
v. Makasiar, G.R. No. 82585, Nov. 14, 1988)
members of the armed forces or other persons
5. Heads of departments cannot invoke the subject to their control in international wars or
Presidents immunity. (Gloria v. Court of
domestic conflict.
Appeals, G.R. No. 119903, Aug. 15, 2000)

It is an omission mode of individual criminal acts have been repeatedly or regularly committed
liability, whereby the superior is made responsible within his area of responsibility; or (c) members of his
for crimes committed by his subordinates for failing immediate staff or office personnel are involved.
to prevent or punish the perpetrators (as opposed to
crimes he ordered. (Rubrico, et al. vs. GMA, et As to the issue of failure to prevent or punish, it is
al., G.R. No. 183871, Feb. 18, 2010) important to note that as the commander-in-chief of
the armed forces, the President has the power to
Q: What are the elements of command effectively command, control and discipline the
responsibility? military. (Rodriguez vs. GMA, et al., G.R. Nos. 191805
&193160, Nov. 15, 2011.)
A: The elements are:
1. The existence of a superior-subordinate Q: Upon complaint of the incumbent President Al
relationship between the accused as superior Espaldon, CA Mindaro was charged with libel before
and the perpetrator of the crime as his the RTC. CA contends that if the proceedings ensue
subordinate; by virtue of the Presidents filing of his complaint-
2. The superior knew or had reason to know that affidavit, he may subsequently have to be a witness
the crime was about to be or had been for the prosecution, bringing her under the trial
committed; courts jurisdiction. May CA invoke the Presidents
3. The superior failed to take the necessary and immunity?
reasonable measures to prevent the criminal acts
or punish the perpetrators thereof. (Rodriguez A: No, the immunity of the President from suit is
vs. GMA, et al., G.R. Nos. 191805 &193160, Nov. personal to the President. It may be invoked only by
15, 2011.) the President and not by any other person. The
privilege of immunity from suit pertains to the
Q: Can it be applied in amparo proceedings? President by the virtue of the office and may be
invoked only by the holder of that office; and not by
A: It should, at most, be only to determine the author any other person in his behalf. (Soliven v. Makasiar,
who, at the first instance, is accountable for, and has G.R. No. 82585, Nov. 14, 1988)
the duty to address, the disappearance and
harassments complained of, so as to enable the Court PRESIDENTIAL PRIVILEGE
to devise remedial measures that may be appropriate
under the premises to protect rights covered by the Q: What is presidential or executive privilege?
writ of amparo. (Rubrico, et al. vs. GMA, et al., G.R.
No. 183871, Feb. 18, 2010) A: It is the power of the President and high-level
executive branch officers to withhold certain types of
Q: May the President be held liable for extrajudicial information from Congress, the courts, and ultimately
killings and enforced disappearances as the the public.
Commander-in-Chief of the Philippine military?
Q: How is the privilege invoked?
A: Yes. The President may be held accountable under
the principle of command responsibility. The A: Executive privilege must be invoked in relation to
President, being the commander-in-chief of all armed specific categories of information and not to
forces, necessarily possesses control over the military categories of persons.
that qualifies him as a superior within the purview of
the command responsibility doctrine. Note: While executive privilege is a constitutional concept,
a claim thereof may be valid or not depending on the
On the issue of knowledge, it must be pointed out ground invoked to justify it and the context in which it is
that although international tribunals apply a strict made. Noticeably absent is any recognition that executive
officials are exempt from the duty to disclose information
standard of knowledge, i.e., actual knowledge, the
by the mere fact of being executive officials. (Senate v.
same may nonetheless be established through Ermita, G.R. No. 169777, April 20, 2006)
circumstantial evidence. In the Philippines, a more
liberal view is adopted and superiors may be charged Q: Is the invocation of this privilege through
with constructive knowledge. Knowledge of the executive orders, prohibiting executive officials from
commission of irregularities, crimes or offenses is participating in legislative inquiries, violates the
presumed when: (a) the acts are widespread within constitutional right to information on matters of
the government officials area of jurisdiction; (b) the public concern of the people?

A: Yes. To the extent that investigations in aid of A: A formal claim of the privilege is required. A
legislation are generally conducted in public, formal and proper claim of executive privilege
however, any executive issuance tending to unduly requires a specific designation and description of the
limit disclosures of information in such investigations documents within its scope as well as precise and
necessarily deprives the people of information which, certain reasons for preserving their confidentiality.
being presumed to be in aid of legislation, is Without this specificity, it is impossible for a court to
presumed to be a matter of public concern. The analyze the claim short of disclosure of the very thing
citizens are thereby denied access to information sought to be protected.
which they can use in formulating their own opinions
on the matter before Congress opinions which Note: Congress must not require the President to state the
they can then communicate to their representatives reasons for the claim with such particularity as to compel
and other government officials through the various disclosure of the information which the privilege is meant
to protect. (Senate v. Ermita, G.R. No. 169777, April 20,
legal means allowed by their freedom of
2006).
expression.(Senate v. Ermita, G.R. No. 169777, April
20, 2006)
Q: Is the privilege absolute?
Q: Who can invoke executive privilege?
A: No. Claim of executive privilege is subject to
balancing against other interest. Simply put,
A:
confidentiality in executive privilege is not absolutely
1. President
protected by the Constitution. Neither the doctrine of
separation of powers, nor the need for confidentiality
Note: The privilege being an extraordinary power, it must
be wielded only by the highest official in the executive of high-level communications can sustain an absolute,
department. Thus, the President may not authorize her unqualified Presidential privilege of immunity from
subordinates to exercise such power. judicial process under all circumstances. (Neri v.
Senate,G.R. No. 180643, Mar. 25, 2008).
2. Executive Secretary, upon proper authorization
from the President Q: Sec. 1 of EO 464 required all heads of
departments in the Executive branch to secure the
Note: The Executive Secretary must state that the consent of the President before appearing in an
authority is By order of the President, which means he inquiry conducted by either House of Congress,
personally consulted with her. pursuant to Art. VI, Sec. 22 of the Constitution. Does
this section applies onlyto question hour? Is it valid?
Q: What is required if an official is summoned by
Congress on a matter which in his own judgment A: Section 1, in view of its specific reference to
might be covered by executive privilege? Section 22 of Article VI of the Constitution and the
absence of any reference to inquiries in aid of
A: When an official is being summoned by Congress legislation, must be construed as limited in its
on a matter which, in his own judgment, might be application to appearances of department heads in
covered by executive privilege, he must be afforded the question hour contemplated in the provision of
reasonable time to inform the President or the said Section 22 of Article VI. The reading is dictated
Executive Secretary of the possible need for invoking by the basic rule of construction that issuances must
the privilege. This is necessary in order to provide the be interpreted, as much as possible, in a way that will
President or the Executive Secretary with fair render it constitutional.
opportunity to consider whether the matter indeed
calls for a claim of executive privilege. If, after the The requirement then to secure presidential consent
lapse of that reasonable time, neither the President under Section 1, limited as it is only to appearances in
nor the Executive Secretary invokes the privilege, the question hour, is valid on its face. For under
Congress is no longer bound to respect the failure of Section 22, Article VI of the Constitution, the
the official to appear before Congress and may then appearance of department heads in the question
opt to avail of the necessary legal means to compel hour is discretionary on their part. (Senate v. Ermita,
his appearance. (Senate v. Ermita, G.R. No. 169777, G.R. No. 169777, April 20, 2006)
April 20, 2006)
Note: Sec. 1 of EO 464 cannot, however, be applied to
Q: What is the requirement in invoking the appearances of department heads in inquiries in aid of
privilege? legislation. Congress is not bound in such instances to
respect the refusal of the department head to appear in

such inquiry, unless a valid claim of privilege is Q: What are the elements of presidential
subsequently made, either by the President herself or by communications privilege?
the Executive Secretary. (Senate v. Ermita, G.R. No. 169777,
April 20, 2006)
A:
1. The protected communication must relate to a
Q: What are the varieties of executive privilege? quintessential and non-delegable presidential
power.
A:
1. State secret privilege invoked by Presidents on 2. The communication must be authored or
the ground that the information is of such nature solicited and received by a close advisor of the
that its disclosure would subvert crucial military President or the President himself. The judicial
or diplomatic objectives. test is that an advisor must be in operational
proximity with the President.
2. Informers privilege privilege of the government
not to disclose the identity of persons who 3. The presidential communications privilege
furnish information in violations of law to officers remains a qualified privilege that may be
charged with the enforcement of the law. overcome by a showing of adequate need, such
that the information sought likely contains
3. Generic privilege for internal deliberations. Said important evidence and by the unavailability of
to attach to intra-governmental documents the information elsewhere by an appropriate
reflecting advisory opinions, recommendations investigating authority.
and deliberations comprising part of a process by
which governmental decisions and policies are Q: Are presidential communications presumptively
formulated. privileged?
Note: In determining the validity of a claim of privilege, the
A: Yes. The presumption is based on the Presidents
question that must be asked is not only whether the
requested information falls within one of the traditional generalized interest in confidentiality. The privilege is
privileges, but also whether that privilege should be necessary to guarantee the candor of presidential
honored in a given procedural setting. advisors and to provide the President and those who
assist him with freedom to explore alternatives in the
Q: Differentiate Presidential Communications process of shaping policies and making decisions and
Privilege from Deliberative Process Privilege. to do so in a way many could be unwilling to express
except privately. The presumption can be overcome
A: only by mere showing of public need by the branch
PRESIDENTIAL seeking access to conversations. The courts are
DELIBERATIVE PROCESS enjoined to resolve the competing interests of the
COMMUNICATIONS
PRIVILEGE political branches of the government in the manner
PRIVILEGE
Pertains to Includes advisory that preserves the essential functions of each
communications, opinions, Branch.
documents or other recommendations and
materials that reflect deliberations comprising Q: The House of Representatives House Committee
presidential decision- part of a process by conducted an inquiry on the Japan-Philippines
making and deliberations which governmental Economic Partnership Agreement (JPEPA), then
that the President decisions and policies being negotiated by the Philippine Government. The
believes should remain are formulated House Committee requested DTI Usec. Jamie Arlos
confidential to furnish it with a copy of the latest draft of the
Applies to decision- Applies to decision- JPEPA. Arlos replied that he shall provide a copy
making of the President making of executive thereof once the negotiations are completed.
officials
Rooted in the Rooted in common law A petition was filed with the SC which seeks to
constitutional principle of privileges obtain a copy of the Philippine and Japanese offers
separation of powers and submitted during the negotiation process and all
the Presidents unique pertinent attachments and annexes thereto. Arlos
constitutional role invoked executive privilege based on the ground
that the information sought pertains to diplomatic
negotiations then in progress. On the other hand,

Akbayan for their part invoke their right to therefor (e.g. Sec. of Finance is head of
information on matters of public concern. Monetary Board)
Are matters involving diplomatic negotiations Note: This prohibition must not, however, be construed
covered by executive privilege? as applying to posts occupied by the Executive officials
without additional compensation in an ex-officio
capacity, as provided by law and as required by the
A: Yes. It is clear that while the final text of the JPEPA
primary functions of the said officials office. (National
may not be kept perpetually confidential, the offers Amnesty Commission v. COA, G.R. No. 156982,
exchanged by the parties during the negotiations September 2, 2004)
continue to be privilege even after the JPEPA is
published. Disclosing these offers could impair the 3. Shall not practice, directly or indirectly, any other
ability of the Philippines to deal not only with Japan profession during their tenure
but with other foreign governments in future
negotiations. (AKBAYAN Citizens Action Party v. 4. Shall not participate in any business
Aquino, G.R No. 170516, July 16, 2008)
5. Shall not be financially interested in any contract
Note: Such privilege is only presumptive. with, or in any franchise, or special privilege
granted by the Government, including GOCCs
Q: Matters involving diplomatic negotiations are
covered by executive privilege. However, such 6. Shall avoid conflict of interest in conduct of office
privilege is only presumptive. How can this
presumption be overcome? 7. Shall avoid nepotism (Sec. 13, Art. VII)
A: Recognizing a type of information as privileged Note: The spouse and relatives by consanguinity or
th
does not mean that it will be considered privileged in affinity within the 4 civil degree of the President shall
all instances. Only after a consideration of the context not, during his tenure, be appointed as:
in which the claim is made may it be determined if a. Members of the Constitutional Commissions;
there is a public interest that calls for the disclosure b. Office of the Ombudsman;
of the desired information, strong enough to c. Secretaries;
d. Undersecretaries;
overcome its traditionally privileged status.
e. Chairmen or heads of bureaus or offices,
(AKBAYAN Citizens Action Party v. Aquino, et al., G.R
including GOCCs and their subsidiaries.
No. 170516, July 16, 2008)
If the spouse, etc., was already in any of the above
PROHIBITIONS, INHIBITIONS AND offices at the time before his/her spouse became
DISQUALIFICATIONS President, he/she may continue in office. What is
prohibited is appointment and reappointment, not
Q: What are the prohibitions attached to the continuation in office.
President, Vice-President, Cabinet Members, and
their deputies or assistants? Spouses, etc., can be appointed to the judiciary and
as ambassadors and consuls.
A: The President, Vice-President, Members of the
Cabinet, and their deputies or assistants, unless Q: Christian, the Chief Presidential Legal Counsel
otherwise provided in this Constitution: (CPLC), was also appointed as Chairman of the
1. Shall not receive any other emolument from the PCGG. May the two offices be held by the same
government or any other source (Sec. 6, Art. VII) person?
2. Shall not hold any other office or employment A: No. The two offices are incompatible. Without
during their tenure unless: question, the PCGG is an agency under the Executive
a. Otherwise provided in the Constitution (e.g. Department. Thus, the actions of the PCGG Chairman
VP can be appointed as a Cabinet Member are subject to the review of the CPLC. (Public Interest
without the need of confirmation by COA; Group v. Elma, G.R. No. 138965, June 30, 2006)
Sec. of Justice sits on Judicial and Bar
Council) Q: Pres. GMA appointed Anthony as the Acting
b. The positions are ex-officio and they do not Secretary of Justice. After a couple of days, PGMA
receive any salary or other emoluments designated Anthony as the Acting Solicitor General
in a concurrent capacity. Ben contested the

appointment of Anthony on the ground that the and, the Secretary of Justice being ex-
appointment violated Section 13, Article VII of the officio member of the Judicial and Bar Council by
1987 Constitution which expressly prohibits the virtue of Section 8 (1), Article VIII.
President, Vice-President, the Members of the
Cabinet, and their deputies or assistants from Being designated as the Acting Secretary of Justice
holding any other office or employment during their concurrently with his position of Acting Solicitor
tenure unless otherwise provided in the General, therefore, Anthony was undoubtedly
Constitution. On the other hand, Anthony claims covered by Section 13, Article VII, whose text and
that according to Section 7, paragraph (2), Article IX- spirit were too clear to be differently read. Hence,
B of the 1987 Constitution, his appointment to such Anthony could not validly hold any other office or
positions is outside the coverage of the prohibition employment during his tenure as the Acting Solicitor
under Sec. 13 of Art. VII as it falls into one of the General, because the Constitution has not otherwise
exceptions as being allowed by law or by the so provided. (Funa v. Agra, G.R. No. 191644, February
primary functions of his position. Does the 19, 2013)
designation of Anthony as the Acting Secretary of
Justice, concurrently with his position of Acting POWERS OF THE PRESIDENT
Solicitor General, violate the constitutional
prohibition against dual or multiple offices for the
EXECUTIVE AND ADMINISTRATIVE POWERS IN
Members of the Cabinet and their deputies and
GENERAL
assistants?
Q: What is executive power?
A: Yes. While all other appointive officials in the civil
service are allowed to hold other office or A: It is the power of carrying out the laws into
employment in the government during their tenure practical operation and enforcing their due
when such is allowed by law or by the primary observance. (National Electrification Administration v.
functions of their positions, members of the Cabinet, CA, G.R. No. 143481, Feb. 15, 2002). It is the legal and
their deputies and assistants may do so only when political functions of the President involving the
expressly authorized by the Constitution itself. In exercise of discretion.
other words, Section 7, Article IX-B is meant to lay
down the general rule applicable to all elective and Q: To whom is executive power vested?
appointive public officials and employees, while
Section 13, Article VII is meant to be the exception A: It is vested in the President of the Philippines. The
applicable only to the President, the Vice-President, President shall have control of all executive
Members of the Cabinet, their deputies and departments, bureaus and offices. He shall ensure
assistants. Since the evident purpose of the framers that laws are faithfully executed. (Sec. 17, Art. VII,
of the 1987 Constitution is to impose a stricter 1987 Constitution)
prohibition on the President, Vice-President,
members of the Cabinet, their deputies and assistants Q: What is the faithful execution clause?
with respect to holding multiple offices or
employment in the government during their tenure, A: The power to take care that the laws be faithfully
the exception to this prohibition must be read with executed makes the President a dominant figure in
equal severity. On its face, the language of Section the administration of the government. The law he is
13, Article VII is prohibitory so that it must be supposed to enforce includes the Constitution,
understood as intended to be a positive and statutes, judicial decisions, administrative rules and
unequivocal negation of the privilege of holding regulations and municipal ordinances, as well as
multiple government offices or employment. Verily, treaties entered into by the government.
wherever the language used in the constitution is
prohibitory, it is to be understood as intended to be a Q: What is the power of Administrative
positive and unequivocal negation. The phrase Reorganization?
"unless otherwise provided in this Constitution"
must be given a literal interpretation to refer only to A: The President has the continuing authority to
those particular instances cited in the Constitution reorganize the national government, which includes
itself, to wit: the Vice-President being appointed as a the power to group, consolidate bureaus and
member of the Cabinet under Section 3, par. (2), agencies, to abolish offices, to transfer functions, to
Article VII; or acting as President in those instances create and classify functions, services and activities
provided under Section 7, pars. (2) and (3), Article VII; and to standardize salaries and materials; it is

effected in good faith if it is for the purpose of are necessary for the President to comply with his
economy or to make bureaucracy more efficient. duties under he Constitution. (Marcos v. Manglapus,
(MEWAP v. Executive Secretary, G.R. No. 160093, July G.R. No. 88211, Oct. 27, 1989).
31, 2007)
Q: What is administrative power?
Q: What is the scope of executive power?
A: Administrative power is concerned with the work
A: of applying policies and enforcing orders as
1. Executive power is vested in the President of the determined by proper governmental organs. It
Philippines. (Sec. 1, Art. VII, 1987 Constitution) enables the President to fix a uniform standard of
2. It is not limited to those set forth in the administrative efficiency and check the official
Constitution (Residual powers). (Marcos v. conduct of his agents. To this end, he can issue
Manglapus, G.R. No. 88211, Oct. 27, 1989) administrative orders, rules and regulations. (Ople v.
3. Privilege of immunity from suit is personal to the Torres, G.R. No. 127685, July 23, 1998).
President and may be invoked by him alone. It
may also be waived by the President, as when he POWER OF APPOINTMENT
himself files suit. (Soliven v. Makasiar, G.R. No.
82585, Nov. 14, 1988) Q: What is appointment, and how is it made?
4. The President cannot dispose of state property
unless authorized by law. (Laurel v. Garcia, G.R. A: It is the selection, by the authority vested with the
No. 92013, July 25, 1990) power, of an individual who is to exercise the
functions of a given office. It may be made verbally
Q: What are the specific powers of the President? but it is usually done in writing through what is called
the commission.
A: He is the repository of all executive power, such as:
1. Appointing power (Sec. 16, Art. VII) Q: What is the nature of the appointing power of the
2. Power of control over all executive departments, President?
bureaus and offices (Sec. 17, Art. VII)
3. Commander-in-Chief powers (calling-out power, A: The power to appoint is executive in nature. While
power to place the Philippines under martial law, Congress and the Constitution in certain cases may
and power to suspend the privilege of the writ of prescribe the qualifications for particular offices, the
habeas corpus) (Sec. 18, Art. VII) determination of who among those who are qualified
4. Pardoning power (Sec. 19, Art. VII) will be appointed is the Presidents prerogative.
5. Borrowing power (Sec. 20, Art. VII) (Pimentel, et al. v. Ermita, et al., G.R. No. 164978, Oct.
6. Diplomatic/Treaty-making power (Sec. 21, Art. 13, 2005).
VII)
7. Budgetary power (Sec. 22, Art. VII) Q: What are the kinds of Presidential
8. Informing power (Sec. 23, Art. VII) Appointments?
9. Veto power (Sec. 27, Art. VI)
10. Power of general supervision over local A:
governments (Sec. 4, Art. X) 1. Appointments made by an Acting President
11. Power to call special session (Sec. 15, Art. VI) 2. Midnight Appointment (Sec. 15, Art. VII)
3. Regular Presidential Appointments, with or
Q: Is the power of the President limited only to such without the confirmation by the CA
specific powers enumerated in the Constitution? 4. Ad-interim Appointments
A: No. The powers of the President cannot be said to Q: Are the appointments made by an acting
be limited only to the specific power enumerated in President effective?
the Constitution. Executive power is more than the
sum of specific powers so enumerated. The framers A: These shall remain effective unless revoked by the
did not intend that by enumerating the powers of the elected President within 90 days from his assumption
President he shall exercise those powers and no or re-assumption of office. (Sec. 14, Art. VII)
other. Whatever power inherent in the government
that is neither legislative nor judicial has to be Q: What is designation?
executive. These unstated residual powers are
implied from the grant of executive power and which A: It is the imposition of additional duties on a person

already in the public service. It is considered only as Note: PNP of equivalent ranks and the Philippine Coast
an acting or temporary appointment, which does not Guard are not included.
confer security of tenure on the person named.
(Binamira v. Garrucho, G.R. No. 92008, July 30, 1990) 4. Other officers of the government whose
appointments are vested in the President in the
Note: The President has the power to temporarily Constitution (Sec. 16, Art. VII), such as:
designate an officer already in the government service or a. Chairmen and members of the CSC,
any other competent person to perform the functions of an COMELEC and COA (Sec. 1[2], Art. IX-B,
office in the executive branch. In no case shall the C, D)
temporary designation exceed one year. b. Regular members of the JBC (Sec. 8[2],
Art. VIII)
Q: What are the presidential appointments that are
in need of a prior recommendation or nomination Q: What is the appointing procedure for those that
by the Judicial and Bar Council? need CA confirmation?
A: A:
1. Members of the Supreme Court and all lower 1. Nomination by the President
courts (Sec. 9, Art. VIII) 2. Confirmation by the CA
2. Ombudsman and his 5 deputies 3. Issuance of commission
4. Acceptance by the appointee (Cruz, Philippine
Q: What appointments are made solely by the Political Law, 2002 ed., p. 207).
President?
Note: At anytime, before all four steps have been complied
A: with, the President can withdraw the nomination and
1. Those vested by the Constitution on the appointment. (Lacson v. Romero, G.R. No. L-3081, Oct. 14,
President alone; 1949)
2. Those whose appointments are not otherwise
provided by law; Q: What is the appointing procedure for those that
3. Those whom he may be authorized by law to do not need CA confirmation?
appoint; and
4. Those other officers lower in rank whose A:
appointment is vested by law in the President 1. Appointment
alone. (Sec. 16, Art. VII) 2. Acceptance
COMMISSION ON APPOINTMENTS Q: Distinguish an ad interim appointment from an

CONFIRMATION appointment in an acting capacity.
Q: What are four instances where confirmation of A:

the Commission on Appointments is required? AD INTERIM APPOINTMENT IN AN
APPOINTMENT ACTING CAPACITY
A: Made if Congress is not Made at any time there
1. Heads of executive departments in session is vacancy, i.e., whether
Congress is in session or
GR: Appointment of cabinet secretaries requires not
confirmation. Requires confirmation of Does not require
CA confirmation of CA
XPN: Vice-president may be appointed as a Permanent in nature Temporary in nature
member of the Cabinet and such Appointee enjoys Appointee does not
appointment requires no confirmation. (Sec. security of tenure enjoy security of tenure
3(2), Art. VII)
Q: Is the act of the President in appointing acting
2. Ambassadors, other public ministers and consuls secretaries constitutional, even without the consent
those connected with the diplomatic and of the Commission on Appointments while Congress
consular services of the country. is in session?
3. Officers of AFP from the rank of colonel or naval A: Yes. Congress, through a law, cannot impose on
captain the President the obligation to appoint automatically

the undersecretary as her temporary alter ego. An MIDNIGHT APPOINTMENTS

alter ego, whether temporary or permanent, holds a
position of great trust and confidence. The office of a Q: Sec. 15, Art. VII of the 1987 Constitution prohibits
department secretary may become vacant while the President from making appointments two
Congress is in session. Since a department secretary is months before the next presidential elections and
the alter ego of the President, the acting appointee to up to the end of his term. To what types of
the office must necessarily have the Presidents appointment is said prohibition directed against?
confidence. (Pimentel v. Ermita, G.R. No. 164978, Oct.
13, 2005) A: Section 15, Article VII is directed against two types
of appointments:
Note: Acting appointments cannot exceed one year. 1. Those made for buying votes refers to those
(Section 17[3], Chapter 5, Title I, Book III of EO 292). appointments made within two months
preceding the Presidential election and are
Q: May an appointment be the subject of a judicial similar to those which are declared election
review? offenses in the Omnibus Election Code; and
2. Those made for partisan considerations
A: Generally, no. Appointment is a political question. consists of the so-called midnight
So long as the appointee satisfies the minimum appointments. (In Re: Hon. Mateo A. Valenzuela
requirements prescribed by law for the position, the and Hon. Placido B. Vallarta, A.M. No. 98-5-01-SC
appointment may not be subject to judicial review. Nov. 9, 1998)
Q: What are the limitations regarding the appointing Q: Does an outgoing President have the power to
power of the president? appoint the next Chief Justice within the period
starting two months before the presidential
A: elections until the end of the presidential term?
1. The spouse and relatives by consanguinity or Discuss thoroughly.
affinity within the 4th civil degree of the President
shall not, during his "tenure" be appointed as: A: Yes. Article VII is devoted to the Executive
a. Members of the Constitutional Department, and, among others, it lists the powers
Commissions; vested by the Constitution in the President. The
b. Member of the Office of Ombudsman; presidential power of appointment is dealt with in
c. Secretaries; Sections 14, 15 and 16 of the Article. In particular,
d. Undersecretaries; Section 9 states that the appointment of Supreme
e. Chairmen or heads of bureaus or offices, Court Justices can only be made by the President
including government-owned or upon the submission of a list of at least three
controlled corporations and their nominees by the JBC; Section 4(1) of the Article
subsidiaries. (Sec. 13[2], Art. VII) mandates the President to fill the vacancy within 90
days from the occurrence of the vacancy.
2. Appointments made by the acting-President shall
remain effective unless revoked within 90 days Had the framers intended to extend the prohibition
from assumption of office by elected President contained in Section 15, Article VII to the
(Sec. 14, Art. VII) appointment of Members of the Supreme Court, they
could have explicitly done so. They could not have
3. GR: Two months immediately before the next ignored the meticulous ordering of the provisions.
Presidential elections (2nd Monday of May), and up They would have easily and surely written the
to the end of his "term" (June 30), a President (or prohibition made explicit in Section 15, Article VII as
Acting President) shall not make appointments. being equally applicable to the appointment of
Members of the Supreme Court in Article VIII itself,
XPN: Temporary appointments, to executive most likely in Section 4 (1), Article VIII. That such
positions, when continued vacancies therein specification was not done only reveals that the
will prejudice public service (Sec. 15, Art. VII) prohibition against the President or Acting President
(e.g. Postmaster); or endanger public safety making appointments within two months before the
(e.g. Chief of Staff). next presidential elections and up to the end of the
Presidents or Acting Presidents term does not refer
to the Members of the Supreme Court (De Castro v.
JBC, G.R. No. 191002, Mar. 17, 2010).

Note: Ban on midnight appointments is applicable in the Note: The Presidents power over GOCCs comes not from
entire judiciary except on the Supreme Court (De Castro v. the Constitution, but from statute. Hence, it may be taken
JBC, G.R. Nos. G. R. No. 191002, March 17, 2010). away by statute.
POWER OF REMOVAL The President has full control of all the members of his
Cabinet. He may appoint them as he sees fit, shuffle them
at pleasure, and replace them in his discretion without any
Q: Where does the President derive his power of
legal inhibition whatever. However, such control is
removal? exercisable by the President only over the acts of his
subordinates and not necessarily over the subordinate
A: The President derives his implied power of himself. (Ang-Angco v. Castillo, G.R. No.L-17169, Nov. 30,
removal from other powers expressly vested in him. 1963)
1. It is implied from his power to appoint.
2. Being executive in nature, it is implied from the DOCTRINE OF QUALIFIED POLITICAL AGENCY
constitutional provision vesting the executive
power in the President. Q: What is the doctrine of qualified political agency
3. It may be implied from his function to take care or alter ego principle?
that laws be properly executed; for without it, his
orders for law enforcement might not be A: It means that the acts of the secretaries of the
effectively carried out. Executive departments performed and promulgated
4. The power may be implied from the Presidents in the regular course of business are presumptively
control over the administrative departments, the acts of the Chief Executive. (Villena v. Secretary of
bureaus, and offices of the government. Without the Interior, G.R. No. L-46570, April 21, 1939)
the power to remove, it would not be always
possible for the President to exercise his power Q: What are the exceptions to the alter ego
of control. (Sinco, Philippine Political Law, 1954 doctrine?
ed., p. 275)
A:
Q: Can the President remove all the officials he 1. If the acts are disapproved or reprobated by the
appointed? President;
2. If the President is required to act in person by
A: No. Not all officials appointed by the President are law or by the Constitution.
also removable by him since the Constitution
prescribes certain methods for the separation from Note: The SC held that the Secretary of Finance can act as
the public service of such officers. (Cruz, Philippine an agent of the Legislative Dept. to determine and declare
Political Law, 2002 ed., pp. 209-210) the event upon which its expressed will is to take effect.
Thus, being the agent of Congress and not of the President,
the latter cannot alter, or modify or nullify, or set aside the
Note: Members of the career service of the Civil Service
findings of the Secretary of Finance and to substitute the
who are appointed by the President may be directly
judgment of the former for that of the latter. (Abakada
disciplined by him (Villaluz v. Zaldivar, G.R. No. L-22754,
Guro v. Executive Secretary, G.R. No. 168056, Sept. 1, 2005)
Dec. 31, 1965) provided that the same is for cause and in
accordance with the procedure prescribed by law.
Q: What is the reason for the alter ego doctrine?
Members of the Cabinet and such officers whose continuity
in office depends upon the President may be replaced at A: Since the President is a busy man, he is not
any time. Legally speaking, their separation is effected not expected to exercise the totality of his power of
by the process of removal but by the expiration of their control all the time. He is not expected to exercise all
term. (Aparri v. CA, G.R. No. L-30057, Jan. 31, 1984) his powers in person. He is expected to delegate
some of them to men of his confidence, particularly
POWER OF CONTROL AND SUPERVISION to members of his Cabinet.
Q: What is the power of control? Note: Applying this doctrine, the power of the President to
reorganize the National Government may be validly
A: Control is the power of an officer to alter or modify delegated to his Cabinet Members exercising control over a
or nullify or to set aside what a subordinate has done particular executive department. (DENR v. DENR Region XII
in the performance of his duties and to substitute Employees, G.R. No. 149724, August 19, 2003)
ones own judgment for that of a subordinate.

EXECUTIVE DEPARTMENTS AND OFFICES If the rules are not The supervisor does not
followed, the officer have the discretion to
Q: Can Department Heads exercise power of control in control may, in his modify or replace them.
in behalf of the President? discretion, order the If the rules are not
act undone or re-done observed, he may order
A: Yes. The Presidents power of control means his by his subordinate or the work done or re-
power to reverse the judgment of an inferior officer. he may even decide to done but only to
It may also be exercised in his behalf by Department do it himself. conform to the
Heads. prescribed rules. (Drilon
v. Lim, G.R. No. 112497,
Note: The Sec. of Justice may reverse the judgment of a Aug. 4, 1994)
prosecutor and direct him to withdraw information already
filed. One, who disagrees, however, may appeal to the Note: The power of supervision does not include the power
Office of the President in order to exhaust administrative of control; but the power of control necessarily includes the
remedies prior filing to the court. power of supervision.
Q: Can the Executive Secretary reverse the decision MILITARY POWERS

of another department secretary? In Re COMMANDER-IN-CHIEF POWERS
A: Yes. The Executive Secretary when acting by Q: What is the scope of the Presidents Commander-
authority of the President may reverse the decision in-Chief Powers?
of another department secretary. (Lacson-
Magallanes Co., Inc. v. Pao, G.R. No. L-27811, Nov. A:
17, 1967) 1. Command of the Armed Forces The
Commander-in-Chief clause vests on the
LOCAL GOVERNMENT UNITS President, as Commander-in-Chief, absolute
authority over the persons and actions of the
Q: What is the power of general supervision? members of the armed forces. (Gudani v. Senga,
G.R. No. 170165, Aug. 15, 2006)
A: This is the power of a superior officer to ensure
that the laws are faithfully executed by subordinates. Note: By making the President the Commander-in-
The power of the President over LGUs is only of Chief of all the armed forces, the principle announced
general supervision. Thus, he can only interfere in the in Art. II, Sec. III is bolstered. Thus, the Constitution
affairs and activities of a LGU if he finds that the latter lessens the danger of a military take-over of the
acted contrary to law. The President or any of his government in violation of its republican nature.
alter egos cannot interfere in local affairs as long as
the concerned LGU acts within the parameters of the The President as Commander-in-Chief can prevent the
Army General from appearing in a legislative
law and the Constitution. Any directive, therefore, by
investigation and, if disobeyed, can subject him to
the President or any of his alter egos seeking to alter court martial. (Gudani v. Senga, G.R. No. 170165, Aug.
the wisdom of a law-conforming judgment on local 15, 2006)
affairs of a LGU is a patent nullity, because it violates
the principle of local autonomy, as well as the 2. Calling-out powers Call the armed forces to
doctrine of separation of powers of the executive and prevent or suppress lawless violence, invasion, or
the legislative departments in governing municipal rebellion. The only criterion for the exercise of
corporations. (Dadole v. COA, G.R. No. 125350, Dec. this power is that whenever it becomes
3, 2002) necessary.
Q: Distinguish control from supervision. Note: The declaration of a state of emergency is

merely a description of a situation which authorizes
A: her to call out the Armed Forces to help the police
CONTROL SUPERVISION maintain law and order. It gives no new power to her,
An officer in control The supervisor or nor to the police. Certainly, it does not authorize
warrantless arrests or control of media. (David v.
lays down the rules in superintendent merely
Ermita, G.R. No. 171409, May 3, 2006)
the doing of an act. sees to it that the rules
are followed, but he The Constitution does not require the President to
himself does not lay declare a state of rebellion to exercise her calling out
down such rules. power. Section 18, Article VII grants the President, as

Commander-in-Chief a sequence of graduated 3. Duration: Not more than 60 days following which
powers. (Sanlakas v. Executive Secretary, G.R. No. it shall be automatically lifted unless extended by
159085, Feb. 3, 2004) Congress.
4. Duty of the President to report to Congress:
3. Suspension of the privilege of the writ of habeas within 48 hours personally or in writing.
corpus 5. Authority of Congress to revoke or extend the
effectivity of proclamation: by majority vote of all
Note: A writ of habeas corpus is an order from the
of its members voting jointly.
court commanding a detaining officer to inform the
court if he has the person in custody, and what is his
Note: Once revoked by Congress, the President cannot set
basis in detaining that person.
aside the revocation.
The privilege of the writ is that portion of the writ
requiring the detaining officer to show cause why he Q: What are the limitations on the declaration of
should not be tested. What is permitted to be martial law?
suspended by the President is not the writ itself but its
privilege. A: Martial law does not:
1. Suspend the operation of the Constitution;
4. He may proclaim martial law over the entire 2. Supplant the functioning of the civil courts or
Philippines or any part thereof. legislative assemblies;
3. Authorize conferment of jurisdiction over
Q: What are the requisites for the suspension of the civilians where civil courts are able to function;
privilege of the writ of habeas corpus?
Note: Civilians cannot be tried by military courts if the
A: civil courts are open and functioning (Open Court
1. There must be an invasion or rebellion; and Doctrine). (Olaguer v. Military Commission No. 34, G.R.
2. Public safety requires the suspension No. L-54558, May 22, 1987).
Note: The invasion and rebellion must be actual and not 4. Automatically suspend the privilege of the writ of
merely imminent. habeas corpus. (Sec. 18 (2), Art. VII)
Q: Is the right to bail impaired if the privilege of the Note: When martial law is declared, no new powers are
writ of habeas corpus is suspended? given to the President; no extension of arbitrary authority is
recognized; no civil rights of individuals are suspended. The
relation of the citizens to their State is unchanged. The
A: The right to bail shall not be impaired even when
Supreme Court cannot rule upon the correctness of the
the privilege of the writ of habeas corpus is Presidents actions but only upon its arbitrariness.
suspended. (Sec. 13, Art. III, 1987 Constitution).
Q: What are the ways to lift the proclamation of
Q: What are the limitations on the suspension of the martial law?
privilege of writ of habeas corpus?
A:
A: 1. Lifting by the President himself
1. Applies only to persons judicially charged for 2. Revocation by Congress
rebellion or offenses inherent in or directly 3. Nullification by the SC
connected with invasion; and 4. By operation of law after 60 days (Sec. 18, Art.
2. Anyone arrested or detained during suspension VII)
must be charged within 3 days. Otherwise, he
should be released. Q: Is the actual use of the armed forces by the
President subject to judicial review?
Q: State the guidelines in the declaration of martial
law. A: No. While the suspension of the privilege of the
writ of habeas corpus and the proclamation of martial
A: law is subject to judicial review, the actual use by the
1. There must be an invasion or rebellion, and President of the armed forces is not. Thus, troop
2. Public safety requires the proclamation of martial deployments in times of war are subject to the
law all over the Philippines or any part thereof. Presidents judgment and discretion. (IBP v. Zamora,
G.R. No. 141284, Aug. 15, 2000)

Q: May the President, in the exercise of peace corpus. They exercise the power, not only
negotiations, agree to pursue reforms that would sequentially, but in a sense jointly since, after
require new legislation and constitutional the President has initiated the proclamation or
amendments, or should the reforms be restricted the suspension, only the Congress can maintain
only to those solutions which the present laws the same based on its own evaluation of the
allow? situation on the ground, a power that the
President does not have.(Fortun v. Macapagal-
A: If the President is to be expected to find means for Arroyo, G.R. No. 190293, March 20, 2012)
bringing this conflict to an end and to achieve lasting
peace in Mindanao, then she must be given the Q: Can the Supreme Court inquire into the factual
leeway to explore, in the course of peace bases of the Presidents declaration of a state of
negotiations, solutions that may require changes to national emergency?
the Constitution for their implementation. So long as
the President limits herself to recommending these A: While it is true that the Court may inquire into the
changes and submits to the proper procedure for factual bases for the Presidents exercise of the above
constitutional amendment and revision, her mere power, it would generally defer to her judgment on
recommendation need not be construed as the matter. It is clearly to the President that the
unconstitutional act. Given the limited nature of the Constitution entrusts the determination of the need
Presidents authority to propose constitutional for calling out the armed forces to prevent and
amendments, she cannot guarantee to any third suppress lawless violence. Unless it is shown that
party that the required amendments will eventually such determination was attended by grave abuse of
be put in place, nor even be submitted to a plebiscite. discretion, the Court will accord respect to the
The most she could do is submit these proposals as Presidents judgment. (Datu Zaldy Uy Ampatuan, et
recommendations either to Congress or the people, al. v. Hon. Ronaldo Puno, et al., G.R. No. 190259. June
in whom constituent powers are vested. (Province of 7, 2011)
North Cotabato v. Govt of the Republic of the
Philippines Peace panel on Ancestral Domain, G.R. No. Q: Can the Supreme Court review the factual bases
183591, Oct.14, 2008) of the promulgation of a suspension of the privilege
of the writ of habeas corpus?
Q: Is martial law a purely executive power?
A: Consequently, although the Constitution reserves
A: No. Although Article VII, Sec 18 of the 1987 to the Supreme Court the power to review the
Constitution vests in the President the power to sufficiency of the factual basis of the proclamation or
proclaim martial law or suspend the privilege of the suspension in a proper suit, it is implicit that the
writ of habeas corpus, he shares such power with the Court must allow Congress to exercise its own review
Congress. Thus: powers, which is automatic rather than
initiated. Only when Congress defaults in its express
1. The Presidents proclamation or suspension is duty to defend the Constitution through such review
temporary, good for only 60 days; should the Supreme Court step in as its final
2. He must, within 48 hours of the proclamation or rampart. The constitutional validity of the Presidents
suspension, report his action in person or in proclamation of martial law or suspension of the writ
writing to Congress; of habeas corpus is first a political question in the
3. Both houses of Congress, if not in session must hands of Congress before it becomes a justiciable one
jointly convene within 24 hours of the in the hands of the Court. (Fortun vs. PGMA, March
proclamation or suspension for the purpose of 20, 2012)
reviewing its validity; and
4. The Congress, voting jointly, may revoke or Q: Can the President deploy AFP and PNP personnel
affirm the Presidents proclamation or pursuant to a declaration of a state of emergency in
suspension, allow their limited effectivity to 3 places in Mindanao without an act of Congress?
lapse, or extend the same if Congress deems
warranted. A: The President did not proclaim a national
emergency, only a state of emergency in the three
It is evident that under the 1987 Constitution the places mentioned. And she did not act pursuant to
President and the Congress act in tandem in any law enacted by Congress that authorized her to
exercising the power to proclaim martial law or exercise extraordinary powers. The calling out of the
suspend the privilege of the writ of habeas armed forces to prevent or suppress lawless violence

in such places is a power that the Constitution consequence, pardon granted after conviction frees
directly vests in the President. She did not need a the individual from all the penalties and legal
congressional authority to exercise the same. (Datu disabilities and restores him to all his civil rights. But
Zaldy Uy Ampatuan, et al. v. Hon. Ronaldo Puno, et unless expressly grounded on the persons innocence
al., G.R. No. 190259, June 7, 2011) (which is rare), it cannot bring back lost reputation for
honesty, integrity and fair dealing. (Monsanto v.
PARDONING POWER Factoran, G.R. No. 78239, Feb. 9, 1989)
Q: What is the purpose of executive clemency? Can Note: Because pardon is an act of grace, no legal power can
it be delegated? compel the President to give it. Congress has no authority
to limit the effects of the Presidents pardon, or to exclude
from its scope any class of offenders. Courts may not
A: Executive clemency is granted for the purpose of
inquire into the wisdom or reasonableness of any pardon
relieving the harshness of the law or correcting
granted by the President.
mistakes in the administration of justice. The power
of executive clemency is a non-delegable power and Q: What are the kinds of pardon? Distinguish each
must be exercised by the President personally. kind.
Note: Clemency is not a function of the judiciary; it is an
A:
executive function. The grant is discretionary, and may not
be controlled by the legislature or reversed by the court, As to presence of condition:
save only when it contravenes its limitations. It includes a. Absolute pardon - one extended without any
cases involving both criminal and administrative cases. conditions
b. Conditional pardon - one under which the convict
Q: What is the scope of the Presidents pardoning is required to comply with certain requirements
power? (Forms of executive clemency)
As to effect:
A: The President may grant the following: [Pa R C Re a. Plenary pardon - extinguishes all the penalties
A] imposed upon the offender, including accessory
1. Pardons (conditional or plenary) disabilities partial pardon does not extinguish all
2. Reprieves penalties
3. Commutations b. Partial pardon - does not extinguish all the
4. Remission of fines and forfeitures penalties
5. Amnesty
Note: A judicial pronouncement that a convict who was
granted a pardon subject to the condition that he should
Note: The first 4 require conviction by final judgment while not again violate any penal law is not necessary before he
amnesty does not. can be declared to have violated the condition of her
pardon. (Torres v. Gonzales, G.R. No. L-76872, July 23, 1987)
Q: Are there limitations to the Presidents pardoning
power? Q: Can an offender reject pardon?
A: Yes. It: A: It depends.

1. Cannot be granted in cases of impeachment.
(Sec. 2, Art. XI) 1. Conditional Pardon the offender has the right to
2. Cannot be granted for violations of election laws reject it since he may feel that the condition imposed
without favorable recommendations of the is more onerous than the penalty sought to be
COMELEC. remitted.
3. Can be granted only after convictions by final
judgment (except amnesty). 2. Absolute Pardon the pardonee has no option at all
4. Cannot be granted in cases of civil or legislative and must accept it whether he likes it or not.
contempt.
5. Cannot absolve convict of civil liability. Note: In this sense, an absolute pardon is similar to
commutation, which is also not subject to acceptance by
6. Cannot restore public offices forfeited.
the offender. (Cruz, Philippine Political Law, 2002 ed., p.
232)
Q: What is pardon? What are its legal effects?
A: Pardon is an act of grace which exempts individual Q: Zan Dela Cruz, the assistant city treasurer of
on whom it is bestowed from punishment which the Caloocan, was convicted of estafa through
law inflicts for a crime he has committed. As a
falsification of public documents. However, she was

granted an absolute pardon, prompting her to claim property. It cannot have the effect of returning
that she is entitled to be reinstated to her former property which has been vested in third parties or
public office. Is Zans contention tenable? money already in the public treasury.
A: No. Pardon does not ipso facto restore a convicted Note: The power of the President to remit fines and
felon neither to his former public office nor to his forfeitures may not be limited by any act of Congress. But a
rights and privileges which were necessarily statue may validly authorize other officers, such as
department heads or bureau chiefs, to remit administrative
relinquished or forfeited by reason of the conviction
fines and forfeitures.
although such pardon undoubtedly restores his
eligibility to that office. (Monsanto v. Factoran, G.R.
Q: What is probation?
No. 78239, Feb. 9, 1989)
A: It is a disposition under which a defendant after
Q: What is reprieve?
conviction and sentence is released subject to
conditions imposed by the court and to the
A: It is the postponement of sentence to a date
supervision of a probation officer.
certain, or stay of execution.
Q: What is a parole?
Note: It may be ordered to enable the government to
secure additional evidence to ascertain the guilt of the
convict or, in the case of the execution of the death A: The suspension of the sentence of a convict grant-
sentence upon a pregnant woman, to prevent the killing of ed by a Parole Board after serving the minimum term
her unborn child. of the indeterminate sentence penalty, without
granting a pardon, prescribing the terms upon which
Q: What is commutation? the sentence shall be suspended.
A: It is the reduction or mitigation of the penalty, Q: What is amnesty?

from death penalty to life imprisonment, remittances
and fines. Commutation is a pardon in form but not in A: It is a grant of general pardon to a class of political
substance, because it does not affect his guilt; it offenders either after conviction or even before the
merely reduces the penalty for reasons of public charges are filed. It is the form of executive clemency
interest rather than for the sole benefit of the which under the Constitution may be granted by the
offender. President only with the concurrence of the
legislature.
Note: Commutation does not have to be in any particular
form. Thus, the fact that a convict was released after 6 Note: Thus, the requisites of amnesty are (a) concurrence
years and placed under house arrest, which is not a penalty, of a majority of all the members of Congress and (b) a
already leads to the conclusion that the penalty has been previous admission of guilt.
shortened.
Q: What are the effects of the grant of amnesty?
Q: Can the SC review the correctness of the action of
the President in granting executive clemency by A: Criminal liability is totally extinguished by amnesty;
commuting the penalty of dismissal, as ruled by the the penalty and all its effects are thus extinguished.
Court, to a dismissed clerk of court? Amnesty reaches back to the past and erases
whatever shade of guilt there was. In the eyes of the
A: Yes. By doing so, the SC is not deciding a political law, a person granted amnesty is considered a new-
question. What it is deciding is whether or not the born child. (Cruz, Philippine Political Law, 2002 ed., p.
President has the power to commute the penalty of 237)
the said clerk of court. As stated in Daza v. Singson,
G.R. No. 87721-30, December 21, 1989, it is within Q: Differentiate amnesty from pardon.
the scope of judicial power to pass upon the validity
of the actions of the other departments of the A:
Government. AMNESTY PARDON
Addressed to Political Addressed to Ordinary
Q: What is remission? offenses offenses
Granted to a Class of Granted to Individuals
A: Remission of fines and forfeitures merely prevents Persons
the collection of fines or the confiscation of forfeited Requires concurrence of Does not require

majority of all members concurrence of Congress as regards to the grounds for deportation.
of Congress (Sec. 69, Revised Administrative Code).
Public act which the Private act which must b. In the absence of any legislative restriction
court may take judicial be pleaded and proved to authority, the President may still exercise
notice of this power.
Looks backward and puts Looks forward and c. The power to deport aliens is limited by the
to oblivion the offense relieves the pardonee of requirements of due process, which entitles
itself the consequence of the the alien to a full and fair hearing.
offense d. An alien has the right to apply for bail
May be granted before Only granted after provided certain standard for the grant is
or after conviction conviction by final necessarily met. (Government of HongKong
judgment Special Administrative Region v. Olalia,
Need not be accepted Must be accepted G.R.No. 153675, April 19, 2007)
Note: The adjudication of facts upon which the

DIPLOMATIC POWERS
deportation is predicated devolved on the President
whose decision is final and executory. (Tan Tong v.
Q: What are the Presidents powers over foreign Deportation Board, G.R. No. L-7680, April 30, 1955)
affairs?
6. Decide that a diplomatic officer who has become
A: The President is the chief architect of foreign persona non grata be recalled.
relations. By reason of the President's unique position 7. Recognize governments and withdraw
as Head of State, he is the logical choice as the recognition. (Cruz, Philippine Political Law, 2002
nation's spokesman in foreign relations. The Senate, ed., p. 239)
on the other hand, is granted the right to share in the
treaty-making power of the President by concurring Q: Where do the Presidents diplomatic powers
with him with the right to amend. come from?
Q: What is the scope of the foreign relations powers A: The extensive authority of the President in foreign
of the President? relations in a government patterned after that of the
US proceeds from 2 general sources:
A: The Presidents diplomatic powers include power 1. The Constitution
to: 2. The status of sovereignty and independence
1. Negotiate treaties and other international of a state.
agreements. However, such treaty or
international agreement requires the Q: Who ratifies a treaty? What is the scope of the
concurrence of the Senate (Sec. 21, Art. VII) power to concur treaties and international
which may opt to do the following: agreements?
a. Approve with 2/3 majority;
b. Disapprove outright; or A: The power to ratify is vested in the President
c. Approve conditionally, with suggested subject to the concurrence of Senate. The role of the
amendments which if re-negotiated and the Senate, however, is limited only to giving or
Senates suggestions are incorporated, the withholding its consent or concurrence. Hence, it is
treaty will go into effect without need of within the authority of the President to refuse to
further Senate approval. submit a treaty to the Senate. Although the refusal of
a state to ratify a treaty which has been signed in his
2. Appoint ambassadors, other public ministers, behalf is a serious step that should not be taken
and consuls. lightly, such decision is within the competence of the
3. Receive ambassadors and other public ministers President alone, which cannot be encroached upon
accredited to the Philippines. (Cruz, Philippine by the Court via a writ of mandamus. (Pimentel v.
Political Law, 2002 ed., p. 239). Ermita, G.R. No. 164978, Oct. 13, 2005)
4. Contract and guarantee foreign loans on behalf
of RP. (Sec. 20, Art. VII). Note: The power of the Senate to give its concurrence
5. Deport aliens: carries with it the right to introduce amendments to a
a. This power is vested in the President by treaty. If the President does not agree to any amendments
virtue of his office, subject only to or reservations added to a treaty by the Senate, his only
restrictions as may be provided by legislation recourse is to drop the treaty entirely. But if he agrees to

the changes, he may persuade the other nation to accept
and adopt the modifications. XPN: Item-veto is allowed in case of
Appropriation, Revenue, and Tariff bills (Sec. 27,
POWERS RELATIVE TO APPROPRIATION MEASURES: Par. 2, Art. VI).
BUDGETARY POWER
XPNs to the XPN:
Q: What is budgetary power? 1. Doctrine of inappropriate provisions a
provision that is constitutionally
A: Within 30 days from opening of every regular inappropriate for an appropriation bill
session, the President shall submit to Congress a may be singled out for veto even if it is
budget of expenditures and sources of financing, not an appropriation or revenue
including receipts from existing and proposed item.(Gonzales v. Macaraig, Jr., G.R. No.
revenue measures. (Sec. 22, Art. VII).This power is 87636, November 19, 1990)
properly entrusted to the President as it is the
President who, as chief administrator and enforcer of 2. Executive impoundment refusal of the
the laws, is in the best position to determine the President to spend funds already
needs of the government and propose the allocated by Congress for specific
corresponding appropriations therefor on the basis of purpose. It is the failure to spend or
existing or expected sources of revenue. obligate budget authority of any type.
(Philconsa v. Enriquez, G.R. No. 113105,
DELEGATED POWERS August 19, 1994)
Q: What are the delegated powers of the President? Q: When is there a pocket veto?
A: By delegation from Congress, the President may A: It occurs when:

exercise emergency (Sec. 23(2), Art.VI) and tariff 1. The President fails to act on a bill; and
powers (Sec. 28, Art. VI). 2. The reason he does not return the bill to the
Congress is that Congress is not in session.
Q: What is the emergency power of the President?
Note: Pocket veto is not applicable in the Philippines
A: Under Sec. 23 (2) of Art. VI, in times of war or because inaction by the President for 30 days never
other national emergency, the Congress may, by law, produces a veto even if Congress is in recess. The President
authorize the President, for a limited period and must still act to veto the bill and communicate his veto to
subject to such restrictions as it may prescribe, to Congress without need of returning the vetoed bill with his
veto message.
exercise powers necessary and proper to carry out a
declared national policy. Unless sooner or later
withdrawn by resolution of Congress, such powers Q: When does the Constitution require that the yeas
shall cease upon next adjournment thereof. and nays of the Members be taken every time a
House has to vote?
Q: What is the tariff power of the president?
A:
A: It is the power of the President to fix within 1. Upon the last and third readings of a bill (Section
specified limits, and subject to such limitations and 26, Par. 2, Article VI);
restrictions as it may impose, tariff rates, import and 2. At the request of 1/5 of the members present
export quotas, tonnage and wharfage dues, and other (Section 16, Par. 4, Article VI); and
duties or imposts within the framework of the 3. In repassing a bill over the veto of the President
national development program of the Government. (Section 27, Par. 1, Article VI).
(Sec, 28 (2), Art. VI, 1987 Constitution)
Q: What is a rider?
VETO POWERS
A: A rider is a provision in a bill which does not relate
Q: What is the rule on presidential veto? to a particular appropriation stated in the bill. Since it
is an invalid provision under Sec. 25, Par. 2, Art. VII,
A: 1987 Constitution, the President may veto it as an
GR: If the President disapproves a bill enacted by item.
Congress, he should veto the entire bill. He is not
allowed to veto separate items of a bill. Q. How can Congress override a Presidential veto?

A. If, after reconsideration 2/3 of all members of such permanent disability or

House agree to pass the bill, it shall be sent to the inability of the officials
other House by which it shall likewise be mentioned in # 3.
reconsidered and if approved by 2/3 of all members
of that House, it shall become law without need of Q: What are the rules to be applied if the vacancy
presidential approval. occurs during the incumbency of the President?
RESIDUAL POWER A: Section 8 lays down the rules to be applied if a

vacancy occurs during the incumbency of the
Q: What are residual powers? President.
A: Whatever power inherent in the government that In case of : The Vice President shall
is neither legislative nor judicial has to be executive. (a) Death; become the President to
These unstated residual powers are implied from the (b) Permanent serve the unexpired
grant of executive power and which are necessary for Disability; term.
the President to comply with his duties under the (c) Removal from
Constitution. (Marcos v. Manglapus, G.R. No. 88211, office; or
Oct. 27, 1989) (d) Resignation of the
President
In case of : The Senate President, or
RULES ON SUCCESSION (a) Death; in case of his inability,
(b) Permanent the Speaker of the
Q: What are the rules to be applied if there is a Disability; House of
vacancy before the beginning of the term of the (c) Removal from Representatives, shall
President? office; or act as President until the
(d) Resignation of President or Vice
A: Section 7 lays down the rule to be applied if there both the President President shall have ben
is a vacancy before the beginning of the term of the and the Vice- elected and qualified.
President. President
In case of death or The Vice-President elect Q: What are the rules and procedure if a vacancy
permanent disability of shall become President. occurs in the offices of the President and Vice-
the President-elect. President?
In case of failure to The Vice-President shall
elect the President (i.e. act as the President until A: The rules of procedure are as follows:
Presidential elections the President shall have
has not ben held or been chosen and 1. At 10:00 A.M. of the third day after said vacancy
non-completion of the qualified. occurs --- Congress shall convene in accordance
canvass of the with its rules without need of cal.
Presidential elections) 2. Within 7 daysCongress shall enact a law calling
In case no President and The Senate President, or for a special election to elect a President and a
Vice-President shall in case of his inability, the Vice President.
have been chosen and Speaker of the House of 3. Said special election shall be heldNot earlier
qualified, or where both Representatives shall act than forty-five (45) days nor later than sixty (60)
shall have died or as President until a days from the time of such call.
become permanently President or a Vice- 4. The bill calling such special electionShall be
disabled. President shall have been deemed certified under paragraph 2, Section 26,
chosen and qualified. Article VI of this Constitution and shall become
law upon its approval on third reading by
Congress shall by law Congress.
provide for the manner in 5. Appropriations for said special electionShall
which one who is to act as be charged against any current appropriations
President shall be selected and shall be exempt from the requirements of
until a President or a Vice- paragraph 4, Section 25, Article VI of this
President shall have Constitution.
qualified, in case of death,

6. The convening of Congress and the special

electioncannot be suspended or postponed
7. No special election shall be calledIf the
vacancy occurs within eighteen (18) months
before the date of the next presidential
elections. (Suarez, Political Law Reviewer, p. 492-
493, 2011)
Q: What are the instances when there is presidential

inability to discharge powers and duties of his
office?
A:
When the President The powers and duties
transmits to the Senate of his office shall be
President and to the discharged by the
Speaker of the House of Vice-President as
Representatives his Acting President.
written declaration that he
is unable to discharge the
powers and duties of his
office. (First paragraph,
Section 11, Art VII)
When a majority of all the The Vice-President
members of the Cabinet shall immediately
transmit to the Senate assume the powers
President and to the and duties of the
Speaker of the House of office as Acting
Representatives their President.
written declaration that
the President is unable to
discharge the powers and
duties of his office (Second
paragraph, Section 11,
Article VII).
Q: When No. 2 happens, can the President re-

assume the powers and duties of his office?
A: Yes, if he transmits to the Senate President and to

the Speaker of the House of Representatives his
written declaration that no inability exists. (Suarez,
Political Law Reviewer, p. 494, 2011)

JUDICIAL DEPARTMENT A:
1. Actual case an existing case or controversy
JUDICIAL POWER which is both ripe for resolution and susceptible
of judicial determination, and that which is not
Q: What is judicial power? conjectural or anticipatory, or that which seeks
to resolve hypothetical or feigned constitutional
A: It includes the duty of the courts of justice to settle problems.
actual controversies involving rights, which are legally
demandable and enforceable, and to determine Note: But even with the presence of an actual case or
whether or not there has been a grave abuse of controversy, the Court may refuse judicial review unless a
party who possesses locus standi or the standing to
discretion amounting to lack or excess of jurisdiction
challenge it brings the constitutional question or the
on the part of any branch or instrumentality of the assailed illegal movement or act before it.
Government. (Sec. 1[2], Art. VIII)
2. Proper party one who has sustained or is in
Q: In what body is Judicial Power vested? immediate danger of sustaining an injury as a
result of the act complained of. To have standing,
A: It is vested in one Supreme Court (SC) and such one must show that 1) he has suffered some
lower courts as may be established by law. (Sec. 1, actual or threatened injury as a result of the
Art. VIII) allegedly illegal conduct of the government; 2)
the injury is fairly traceable to the challenged
Q: Can judicial power be shared? action; 3) the injury is likely to be redressed by a
favorable action. (Francisco, Jr. & Hizon v. Toll
A: No. The US SC declared that judicial power cannot Regulatory Board, et. al., G.R. Nos. 166910,
be shared, as the powers of the legislature and October 19, 2010)
executive cannot also thereby be shared. (US v.
Nixon, 418 US 683 41 Led 2d 1039, 94 SC t 3090, GR: If there is no actual or potential injury,
1974) complainant has no legal personality to raise
constitutional questions.
Q: What is the power of judicial inquiry?
XPN: If the question is of transcendental
A: It is the power of the court to inquire into the importance..
exercise of discretionary powers to determine
whether there has been a grave abuse of discretion Note: The Principle of Transcendental Importance is
amounting to lack or excess of jurisdiction. determined by:
1. The character of the funds or other assets
JUDICIAL REVIEW involved in the case;
2. The presence of a clear case of disregard of a
constitutional or statutory prohibition by the
Q: What is the power of judicial review?
public respondent agency or instrumentality of
the government;
A: It is the power of the SC to declare a law, treaty, 3. The lack of any other party with a more direct and
ordinance and other governmental act specific interest in raising the questions being
unconstitutional. raised. (Francisco, Jr. v. House of Representatives,
G.R. No. 160261, Nov. 10, 2003)
Note: When the judiciary mediates to allocate
constitutional boundaries, it does not assert any superiority 3. Earliest opportunity constitutional question
over other departments; it does not in reality nullify or must be raised at the earliest possible
invalidate an act of the legislature, but only asserts the opportunity.
solemn and sacred obligation assigned to it by the
Constitution to determine conflicting claims of authority GR: It must be raised in pleadings.
under the Constitution and to establish for the parties in an
actual controversy the rights which that instrument secures
XPN:
and guarantees to them. This is in truth all that is involved
in what is termed as judicial supremacy, which properly is 1. Criminal case it may be brought at any
the power of judicial review under the Constitution. stage of the proceedings according to
(Angara v. The Electoral Commission, et. al., G.R. No. L- the discretion of the judge (trial or
45081, July 15, 1936) appeal) because no one shall be brought
within the terms of the law who are not
Q: What are the requisites of judicial review? clearly within them and the act shall not

JUDICIAL DEPARTMENT
be punished when the law does not Q: What are the functions of judicial review?
clearly punish them.
2. Civil case it may be brought anytime if A: They are:
the resolution of the constitutional issue 1. Checking invalidating a law or executive act
is inevitable in resolving the main issue. that is found to be contrary to the Constitution
3. When the jurisdiction of the lower court 2. Legitimizing upholding the validity of the law
is in question except when there is that results from a mere dismissal of a case
estoppel. challenging the validity of the law
3. Symbolic to educate the bench and bar as to
Note: The earliest opportunity to raise a constitutional the controlling principles and concepts on
issue is to raise it in the pleadings before a competent court matters of grave public importance for the
that can resolve the same, such that, if not raised in the
guidance of and restraint upon the future (Igot v.
pleadings, it cannot be considered in trial and, if not
considered in trial, it cannot be considered on appeal. COMELEC, G.R. No. L-352245, Jan. 22, 1980)
The Ombudsman has no jurisdiction to entertain questions Q: What is the extent of power of judicial review in
regarding constitutionality of laws. Thus, when the issue of impeachment proceedings?
constitutionality of a law was raised before the Court of
Appeals (CA), which is the competent court, the A: The power of judicial review includes the power of
constitutional question was raised at the earliest opportune review over justiciable issues in impeachment
time. (Estarija v. Ranada, G.R. No. 159314, June 26, 2006) proceedings (Francisco, Jr. v. House of
Representatives, G.R. No. 160261, Nov. 10, 2003).
4. Necessity of deciding constitutional questions
as a joint act of the legislative and executive Q: What is the Doctrine of Relative
authorities, a law is supposed to have been Constitutionality?
carefully studied and determined to be
constitutional before it was finally enacted. As A: The constitutionality of certain rules may depend
long as there are other bases which courts can upon the times and get affected by the changing of
use for decision, constitutionality of the law will the seasons. A classification that might have been
not be touched. perfectly all right at the time of its inception may be
considered dubious at a later time.
Q: What are the requisites before a law can be
declared partially unconstitutional? OPERATIVE FACT DOCTRINE
A: Q: What is meant by the operative fact doctrine?
1. The legislature must be willing to retain valid
portion (separability clause) A: It is a rule of equity. Under this doctrine, the law is
2. The valid portion can stand independently as law recognized as unconstitutional but the effects of the
unconstitutional law, prior to its declaration of nullity,
Q: What is the Principle of Stare Decisis?
may be left undisturbed as a matter of equity and fair
play. (League of Cities of the Philippines v. COMELEC,
A: A principle underlying the decision in one case is
G.R. No. 176951, Nov. 18, 2008)
deemed of imperative authority, controlling the
decisions of like cases in the same court and in lower
Q: Will the invocation of this doctrine an admission
courts within the same jurisdiction, unless and until
that the law is unconstitutional?
the decision in question is reversed or overruled by a
court of competent authority. (De Castro v. JBC, G.R.
A: Yes. (League of Cities of the Philippines v.
No. 191002, Apr. 20, 2010)
COMELEC, G.R. No. 176951, Nov. 18, 2008)
Q: Is the SC obliged to follow precedents?
Q: Is the Operative Fact Doctrine applicable to
executive acts?
A: No. The Court, as the highest court of the land,
may be guided but is not controlled by precedent.
A: Yes. The Operative Fact Doctrine also applies to
Thus, the Court, especially with a new membership, is
executive acts subsequently declared as invalid.
not obliged to follow blindly a particular decision that
A decision made by the president or the
it determines, after re-examination, to call for a
administrative agencies has to be complied with
rectification. (De Castro v. JBC, G.R. No. 191002, April
because it has the force and effect of law. (Hacienda
20, 2010)

Luisita Inc., v. Presidential Agrarian Reform Council, In the absence of actual justiciable controversies or
et. al., G.R. No. 171101, Nov. 22, 2011) disputes, the Court generally opts to refrain from
deciding moot issues. Where there is no more live
MOOT QUESTIONS subject of controversy, the Court ceases to have a
reason to render any ruling or make any
Q: What are moot questions? pronouncement. (Suplico v. NEDA, G.R. Nos. 178830,
July 14, 2008)
A: Questions whose answers cannot have any
practical legal effect or, in the nature of things, POLITICAL QUESTIONS
cannot be enforced. (Baldo, Jr. v. COMELEC, G.R. No.
176135, June 16, 2009) Q: What is meant by the political question doctrine?
Q: When is a case moot and academic? A: The doctrine means that the power of judicial
review cannot be exercised when the issue is a
A: It is moot and academic when it ceases to present political question. It constitutes another limitation on
a justiciable controversy by virtue of supervening such power of the judiciary.
events so that a declaration thereon would be of no
practical use or value. Q: What are political questions?
Q: Should courts decline jurisdiction over moot and A: Those questions which, under the Constitution, are
academic cases? to be decided by the people in their sovereign
capacity, or in regard to which full discretionary
A: authority has been delegated to the legislative or
GR: The courts should decline jurisdiction over such executive branch of the government. (Taada v.
cases or dismiss it on ground of mootness. Cuenco, G.R. No. L-10520, February 28, 1957)
XPNs: Q: Distinguish justiciable questions from political

1. There is a grave violation of the Constitution questions.
2. There is an exceptional character of the
situation and the paramount public interest A:
is involved JUSTICIABLE POLITICAL QUESTIONS
3. When the constitutional issue raised QUESTIONS
requires formulation of controlling principles Imply a given right Questions which involve
to guide the bench, the bar, and the public legally demandable and the policy or the wisdom
4. The case is capable of repetition yet evading enforceable, an act or of the law or act, or the
review. (David v. Arroyo, G.R. No. 171396, omission violative of morality or efficacy of the
May 3, 2006) such right, and a remedy same. Generally it cannot
granted and sanctioned be inquired by the courts.
Q: Atty. Al Conrad filed a petition to set aside the by law for said breach of Further, these are
award of the ZTE-DOTC Broadband Deal. The OSG right questions which under
opposed the petition on the ground that the Legal the Constitution:
Service of the DOTC has informed it of the Philippine a. Are decided by the
Governments decision not to continue with the ZTE- people in their
NBN Project. That said, there is no more justiciable sovereign capacity;
controversy for the court to resolve. Hence, the OSG and
claimed that the petition should be dismissed. Atty. b. Where full
Al Conrad countered by saying that despite the discretionary authority
mootness, the Court must nevertheless take has been delegated by
cognizance of the case and rule on the merits due to the Constitution either
the Courts symbolic function of educating the bench to the executive or
and the bar by formulating guiding and controlling legislative
principles, precepts, doctrines, and rules. Decide. department.
A: The OSG is correct. The petition should be

dismissed for being moot. Judicial power presupposes Q: How does the definition of judicial power under
actual controversies, the very antithesis of mootness. the present Constitution affect the political question
doctrine?

JUDICIAL DEPARTMENT
A: The 1987 Constitution expands the concept of Q: What is the constitutional guarantee of fiscal
judicial review. Under the expanded definition, the autonomy?
Court cannot agree that the issue involved is a
political question beyond the jurisdiction of the court A: In Bengzon v. Drilon, G.R. No. 103524, April 15,
to review. When the grant of power is qualified, 1992, the SC explained that fiscal autonomy
conditional or subject to limitations, the issue of contemplates a guarantee of full flexibility to allocate
whether the prescribed qualifications or conditions and utilize resources with the wisdom and dispatch
have been met or the limitations respected is that the needs require. It recognizes the power and
justiciablethe problem being one of legality or authority to deny, assess and collect fees, fix rates of
validity, not its wisdom. Moreover, the jurisdiction to compensation not exceeding the highest rates
delimit constitutional boundaries has been given to authorized by law for compensation and pay plans of
the SC. When political questions are involved, the the government and allocate and disburse such sums
Constitution limits the delimitation as to whether or as may be provided by law or prescribed by it in the
not there has been a grave abuse of discretion course of the discharge of its functions.
amounting to lack or excess of jurisdiction on the part
of the official whose action is being questioned. JUDICIAL RESTRAINT
SAFEGUARDS OF JUDICIAL INDEPENDENCE Q: What does the Principle of Judicial Restraint

mean?
Q: What are the constitutional safeguards that
guarantee independence of the judiciary? A: It is a theory of judicial interpretation that
encourages judges to limit the exercise of their own
A: power.
1. The SC is a constitutional body and may not be
abolished by law In terms of legislative acts, the principle of judicial
2. Members are only removable by impeachment restraint means that every intendment of the law
(Sec. 2, Art. XI, 1987 Constitution) must be adjudged by the courts in favor of its
3. The SC may not be deprived of its minimum and constitutionality, invalidity being a measure of last
appellate jurisdiction; appellate jurisdiction may resort. In construing therefore the provisions of a
not be increased without its advice or statute, courts must first ascertain whether an
concurrence (Sec. 2, Art VIII, 1987 Constitution) interpretation is fairly possible to sidestep the
4. The SC has administrative supervision over all question of constitutionality. (Estrada v.
inferior courts and personnel (Sec. 6, Art. VIII, Sandiganbayan, G.R. No. 148560, Nov. 19, 2001)
1987 Constitution)
5. The SC has exclusive power to discipline The doctrine of separation of powers imposes upon
judges/justices of inferior courts (Sec, 22, Art. the courts proper restraint born of the nature of their
VIII, 1987 Constitution) functions and of their respect for the other
6. The members of the judiciary enjoy security of departments in striking down acts of the legislature
tenure (Sec. 2 [2], Art. VIII, 1987 Constitution) as unconstitutional. (Francisco, Jr. v. The House of
7. The members of the judiciary may not be Representatives, G.R. No. 160261, Bellosillo J.,
designated to any agency performing quasi- Separate Opinion, Nov. 10, 2003)
judicial or administrative functions (Sec 12,
Article VIII, 1987 Constitution) APPOINTMENTS TO THE JUDICIARY
8. The salaries of judges may not be reduced; the
judiciary enjoys fiscal autonomy (Sec. 3, Art. VIII, Q: How are members of the judiciary appointed?
1987 Constitution)
9. The SC alone may initiate the promulgation of A: The members of the judiciary are appointed by the
the Rules of Court (Sec. 5 (5), Art. 8, 1987 President of the Philippines from among a list of at
Constitution) least three nominees prepared by the Judicial and Bar
10. The SC alone may order temporary detail of Council (JBC) for every vacancy.
judges (Sec. 5 (3), Art. 8, 1987 Constitution)
11. The SC can appoint all officials and employees of Note: The appointment shall need no confirmation from
the Judiciary. (Sec. 5 (6), Art. 8, 1987 the Commission on Appointments. (Sec. 9, Art. VIII)
Constitution) (Nachura, Reviewer in Political Law,
pp. 310-311) Q: What are the rules regarding vacancies in the SC?
A: They are the following:

1. Vacancies in the SC should be filled within 90 Judicial and Bar Council, G.R.No. 202242, July 17,
days from the occurrence of the vacancy. 2012)
2. Vacancies in lower courts should be filled within
90 days from submission to the President of the Q: What are the functions of the JBC?
JBC list.
3. The filling of the vacancy in the Supreme Court A: The principal function of the JBC is to recommend
within the 90-day period is an exception to the appointees to the judiciary. It may, however, exercise
prohibition on midnight appointments of the such functions as the SC may assign to it. (Sec. 8, Art.
president. This means that even if the period falls VIII)
on the period where the president is prohibited
from making appointments (midnight Note: The duty of the JBC to submit a list of nominees
appointments); the president is allowed to make before the start of the Presidents mandatory 90-day period
appointments to fill vacancies in the Supreme to appoint is ministerial, but its selection of the candidates
Court. (De Castro v. JBC, G.R. No. 191002, Apr. whose names will be in the list to be submitted to the
20, 2010) President lies within the discretion of the JBC. (De Castro v.
JBC, G.R. No. 191002, Mar. 17, 2010)
Q: What is the composition of the JBC?
Q: How long can members of the SC and judges hold
office?
A: The JBC is composed of:
1. Chief Justice, as ex-officio chairman
A: Members of the SC and judges of lower courts can
2. Secretary of Justice, as an ex-officio member
hold office during good behavior until:
3. Representative of Congress, as an ex- officio
1. The age of 70 years old; or
member
2. They become incapacitated to discharge their
4. Representative of the Integrated Bar
duties.
5. A professor of law
6. A retired member of the SC
Q: Is the ban on midnight appointment applicable to
7. Private sector representative
the Supreme Court?
Q: How many should be the representative of
A: It does not. The prohibition under Sec. 15, Art. VII
Congress in the JBC?
does not apply to appointments to fill a vacancy in
the SC. (De Castro v. JBC, G.R. No. 191002, Mar. 17,
A: Only one. The word Congress used in Article VIII,
2010)
Section 8(1) of the Constitution is used in its generic
sense. No particular allusion whatsoever is made on
Q: What are the general qualifications for
whether the Senate or the House of Representatives
appointments to the judiciary?
is being referred to, but that, in either case, only a
singular representative may be allowed to sit in the
A: Of proven competence, integrity, probity and
JBC. The seven-member composition of the JBC
independence (Sec. 7 [3], Art. VIII)
serves a practical purpose, that is, to provide a
solution should there be a stalemate in voting.
Q: What are the qualifications for appointments to
the SC?
It is evident that the definition of Congress as a
bicameral body refers to its primary function in A:
government to legislate. In the passage of laws, the 1. Natural born citizen of the Philippines;
Constitution is explicit in the distinction of the role of 2. At least 40 years of age;
each house in the process. The same holds true in 3. A judge of a lower court or engaged in the
Congress non-legislative powers. An inter-play practice of law in the Philippines for 15 years or
between the two houses is necessary in the more (Sec. 7 [1], Art. VIII)
realization of these powers causing a vivid dichotomy
that the Court cannot simply discount. This, however, Q: What are the qualifications for appointments to
cannot be said in the case of JBC representation lower collegiate courts?
because no liaison between the two houses exists in
the workings of the JBC. Hence, the term Congress A:
must be taken to mean the entire legislative 1. Natural born citizen of the Philippines
department. The Constitution mandates that the JBC 2. Member of the Philippine Bar
be composed of seven (7) members only. (Chavez v.

JUDICIAL DEPARTMENT
Q: What are the qualifications for appointments to 5. Legal assistance to the underprivileged
lower courts?
Q: What are the limitations on its rule making
A: power?
1. Citizen of the Philippines
2. Member of the Philippine Bar A:
1. It should provide a simplified and inexpensive
Note: For both lower collegiate courts and lower courts, procedure for the speedy disposition of cases.
Congress may prescribe other qualifications. (Sec. 7 [1] and 2. It should be uniform for all courts of the same
[2], Art. VIII) grade.
3. It should not diminish, increase, or modify
SUPREME COURT substantive rights.
EN BANC DECISIONS ADMINISTRATIVE SUPERVISION OVER LOWER

COURTS
Q: What are the cases that should be heard by the
SC en banc? Q: Who holds the power of disciplinary action over
judges of lower courts?
A:
1. All cases involving the constitutionality of a A:
treaty, international or executive agreement, or 1. Only the SC en banc has jurisdiction to discipline
law; or dismiss judges of lower courts.
2. All cases which under the Rules of Court may be 2. Disciplinary action/dismissal majority vote of
required to be heard en banc; the SC Justices who took part in the deliberations
3. All cases involving the constitutionality, and voted therein (Sec. 11, Art. VIII)
application or operation of presidential decrees,
proclamations, orders, instructions, ordinances, Note: The Constitution provides that the SC is given
and other regulations; exclusive administrative supervision over all courts and
4. Cases heard by a division when the required judicial personnel.
majority in the division is not obtained;
5. Cases where the SC modifies or reverses a Q: What are the administrative cases which the SC
doctrine or principle of law previously laid either may hear en banc?
en banc or in division;
6. Administrative cases involving the discipline or A: Under Bar Matter No. 209, it includes:
dismissal of judges of lower courts; 1. Administrative judges;
7. Election contests for president or vice-president. 2. Disbarment of lawyers;
3. Suspension of more than 1 year; or
Note: Other cases or matters may be heard in division, and 4. Fine exceeding Php10, 000. (People v. Gacott,
decided or resolved with the concurrence of a majority of G.R. No. 110930, July 13, 1995)
the members who actually took part in the deliberations on
the issues and voted thereon, but in no case without the
Q: Does the CSC have jurisdiction over an employee
concurrence of at least three such members.
of the judiciary for acts committed while said
No law shall be passed increasing the appellate jurisdiction employee was still in the executive branch?
of the SC as provided in the Constitution without its advice
and concurrence. (Sec. 30, Art. VI) A: No. Administrative jurisdiction over a court
employee belongs to the SC, regardless of whether
PROCEDURAL RULE-MAKING POWER the offense was committed before or after
employment in the Judiciary. (Ampong v. CSC, G.R.
Q: What is the scope of the rule making power of No. 167916, Aug. 26, 2008)
the SC?
ORIGINAL AND APELLATE JURISDICTION OF SC
A: Promulgate rules concerning:
1. The protection and enforcement of Q: Distinguish original jurisdiction from appellate
constitutional rights jurisdiction.
2. Pleadings, practice and procedure in all courts A:
3. Admission to the practice of law 1. Original Jurisdiction - a court has original
4. The Integrated Bar jurisdiction when it is the proper court to first

hear the case. This is where the court makes Courts in cases a lesser penalty,
determinations of law and fact. involving- the judgment
E.g.: may be
a. Over cases affecting ambassadors, other i. If no question appealed to the
public ministers and consuls; of fact is Supreme Court
b. Over petitions for certiorari, prohibition, involved and by notice of
mandamus, quo warranto, and habeas the case appeal filed with
corpus; and involves: the Court of
c. Review of the martial law or suspension a) Constitution Appeals. (A.M.
of the privilege of writ of habeas corpus. ality or No. 00-5-03-SC,
validity of September 28,
2. Appellate Jurisdiction - a court has appellate treaty, 2004).
jurisdiction when it is reviewing a case that has internationa
already been heard by a lower court and it only l or 2. Automatic
looks at the matters of law. executive review for cases
E.g.: agreement, of death penalty
a. Over final judgments and orders of law, rendered by the
lower courts in all cases in which the presidential Court of
constitutionality or validity of any treaty, decree, Appeals (A.M.
international or executive agreement, proclamatio No. 00-5-03-SC,
law, presidential decree, proclamation, n, order, September 84,
order, instruction, ordinance, or instruction, 2004).
regulation is in question; ordinance
b. All cases involving the legality of any tax or Note: Where
impost, assessment or toil, or any regulation the judgment
penalty imposed in relation thereto; b) Legality of also imposes a
c. All cases in which the jurisdiction of any tax, impost, lesser penalty
lower court is in issue; assessment for offenses
d. All criminal cases in which the penalty s, or toll, or committed on
imposed is reclusion perpetua or higher; penalty in the same
and relation occasion or
e. All cases in which only a question of law thereto which arose out
is involved (Second 5 (2), Art VII) c) Cases in of the same
which occurrence that
Q: What cases fall under the jurisdiction of the jurisdiction gave rise to the
Supreme Court? of lower more severe
court is in offense for
CIVIL CASES CRIMINAL CASES issue which the
Exclusive Original ii. All cases in penalty of death
Petitions for issuance of writs Petitions for which only is imposed, and
of certiorari, prohibition and issuance of writs of errors or the accused
mandamus against the certiorari, questions of appeals, the
following: prohibition and law are automatic
1. Court of Appeals mandamus against involved. review from the
2. Court of Tax Appeals the following: 1. Special civil action of Court of Appeals
3. Commission on 1. Court of certiorari filed to the Supreme
Elections En Banc Appeals within 30 days Court shall
4. Commission on Audit 2. Sandiganba against the include such
5. Sandiganbayan yan COMELEC / COA lesser offense
Appellate (A.M. No. 00-5-
1. Petitions for review on 1. In cases where 03-SC,
certiorari against: the Court of September 28,
a. CA; Appeals 2004).
b. CTA; imposes reclusio
c. Sandiganbayan n perpetua, life 3. Petition for
d. Regional Trial imprisonment or review on

JUDICIAL DEPARTMENT
certiorari (Rule review

45) from the whenever the
Sandiganbayan if Sandiganbayan,
penalty is less in the exercise
than death, life of its appellate
imprisonment jurisdiction,
or reclusion finds that the
perpetua in penalty of
criminal cases, death, reclusion
and, in civil perpetua or life
cases; (A.M. No. imprisonment
00-5-03-SC, should be
October 12, imposed (A.M.
2004). No. 00-5-03-SC,
4. Notice of appeal October 12,
from the 2004).
Sandiganbayan 7. Appeals from
if it imposes life RTC in which
imprisonment only errors or
or reclusion questions of law
perpetua or are involved.
where a lesser Concurrent
penalty is With CA
imposed 1. Petitions for issuance of Petitions for
involving writs of certiorari, issuance of writs of
offenses prohibition and certiorari,
committed on mandamus against prohibition and
the same the following: mandamus against
occasion or a. NLRC under the the RTC and lower
which arose out Labor Code. courts.
of the same
occurrence that Note: The petitions must
gave rise to the first be filed with the CA,
more serious otherwise, they shall be
offense for dismissed (St. Martin
which the Funeral Home v. CA, G.R.
penalty of No. 130866, Sept. 16,
death, reclusion 1998).
perpetua of life
imprisonment is b. Civil Service
imposed (A.M. Commission
No. 00-5-03-SC, c. Quasi-judicial
October 12, agencies (file with the CA
2004). first)
5. Automatic d. RTC and lower
review of death courts;
penalty imposed
by the 2. Petitions for issuance of
Sandiganbayan writ of kalikasan
in the exercise (Sec. 3, Rule 7, A.M.
of its original No. 09-6-8-SC).
jurisdiction With CA and RTC
(A.M. No. 00-5- 1. Petitions for Petitions for
03-SC, October habeas corpus issuance of writs of
12, 2004). and quo certiorari,
6. Automatic warranto; and prohibition and

2. Petitions for mandamus against

issuance of the lower courts or
writs of bodies.
certiorari,
prohibition
and
mandamus
against the
lower courts
or other
bodies
With CA, SB and RTC
1. Petitions for the issuance
of writ of amparo
Petitions for the
2. Petition for writ of
issuance of writ of
habeas data, where
amparo and writ of
the action involves
habeas data
public data or
government office
With
With RTC
Sandiganbayan
Actions affecting Petitions for
ambassadors and other public mandamus,
ministers and consuls prohibition,
certiorari,
injunctions and
ancillary writs in aid
of its appellate
jurisdiction including
quo warranto arising
or that may arise in
in cases filed under
EO Nos. 1, 2, 14 and
14-A

CONSTITUTIONAL COMMISSIONS
CONSTITUTIONAL COMMISSIONS Note: The Supreme Court held that the no report, no
release policy may not be validly enforced against offices
Q: What are the Constitutional Commissions? vested with fiscal autonomy, without violating Sec. 5, Art.
IX-A of the Constitution. The automatic release of approved
annual appropriations to a Constitutional Commission
A:
vested with fiscal autonomy should thus be construed to
1. Civil Service Commission (CSC) mean that no condition to fund releases may be imposed.
2. Commission on Elections (COMELEC) (CSC v. DBM, G.R. No. 158791, July 22, 2005)
3. Commission on Audit (CoA)
Q: What are the requisites for the effective
Note: The CSC, COMELEC, and CoA are equally pre-eminent operation of the rotational scheme of terms of
in their respective spheres. Neither one may claim
constitutional bodies?
dominance over the others. In case of conflicting rulings, it
is the Judiciary, which interprets the meaning of the law
and ascertains which view shall prevail (CSC v. Pobre, G.R. A:
No. 160508, Sept. 15, 2004) 1. The original members of the Commission shall
begin their terms on a common date
Q: Discuss the creation of the Constitutional 2. Any vacancy occurring before the expiration of
Commission. the term shall be filled only for the balance of
such term. (Republic v. Imperial, G.R. No. L-8684,
A: The creation of the Constitutional Commissions is Mar. 31, 1995)
established in the Constitution because of the
extraordinary importance of their functions and the POWERS AND FUNCTIONS OF EVERY COMMISSION
need to insulate them from the undesired political
interference or pressure. Their independence cannot CIVIL SERVICE COMMISSION
be assured if they were to be created merely by
statute. Q: What are the functions of the CSC?
CONSTITUTIONAL SAFEGUARDS TO ENSURE A: As the central personnel agency of the

INDEPENDENCE OF COMMISSIONS government, it:
1. Establishes a career service
Q: What are the guarantees of independence 2. Adopts measures to promote morale, efficiency,
provided for by the Constitution to the 3 integrity, responsiveness, progressiveness and
Commissions? courtesy in the Civil Service
3. Strengthens the merits and rewards system
A: 4. Integrates all human resources and development
1. They are constitutionally-created; may not be programs for all levels and ranks
abolished by statute 5. Institutionalizes a management climate
2. Each is conferred certain powers and functions conducive to public accountability (Sec. 3, Art. IX-
which cannot be reduced by statute B)
3. Each is expressly described as independent
4. Chairmen and members are given fairly long COMMISSION ON ELECTIONS
term of office for 7 years
5. Chairmen and members cannot be removed Q: What are the constitutional powers and functions
except by impeachment of the COMELEC?
6. Chairmen and members may not be reappointed
or appointed in an acting capacity A:
7. Salaries of chairmen and members are relatively 1. Enforce and administer all laws and regulations
high and may not be decreased during relative to the conduct of an election, plebiscite,
continuance in office initiative, referendum, and recall.
8. Commissions enjoy fiscal autonomy
9. Each commission may promulgate its own 2. Exercise:
procedural rules a. Exclusive original jurisdiction over all
10. Chairmen and members are subject to certain contests relating to the election, returns and
disqualifications calculated to strengthen their qualifications of all elective:
integrity ii. Regional
11. Commissions may appoint their own officials and iii. Provincial
employees in accordance with Civil Service Law iv. City officials

b. Exclusive appellate jurisdiction over all b. COMELEC can deputize prosecutors

contests involving: for this purpose. The actions of the
i. Elective municipal officials decided prosecutors are the actions of the
by trial courts of general jurisdiction COMELEC.
ii. Elective barangay officials decided
by courts of limited jurisdiction. Note: Preliminary investigations conducted by the
c. Contempt powers COMELEC are valid.
i. COMELEC can exercise this power
only in relation to its adjudicatory 7. Recommend to the Congress effective
or quasi-judicial functions. It cannot measures to minimize election spending,
exercise this in connection with its including limitation of places where
purely executive or ministerial propaganda materials shall be posted, and to
functions prevent and penalize all forms of election
ii. If it is pre-proclamation frauds, offenses, malpractices, and nuisance
controversy, the COMELEC candidacies.
exercises quasi-judicial/
administrative powers. 8. Recommend to the President the removal of
iii. Its jurisdiction over contests (after any officer or employee it has deputized, or
proclamation), is in exercise of its the imposition of any other disciplinary
judicial functions. action, for violation or disregard of, or
disobedience to its directive, order, or
Note: The COMELEC may issue writs of certiorari, decision.
prohibition, and mandamus in exercise of its
appellate functions. 9. Submit to the President and the Congress a
comprehensive report on the conduct of
3. Decide, except those involving the right to each election, plebiscite, initiative,
vote, all questions affecting elections, referendum, or recall.
including determination of the number and
location of polling places, appointment of Q: All election cases, including pre-proclamation
election officials and inspectors, and controversies, must be decided by the COMELEC in
registration of voters. division. Should a party be dissatisfied with the
decision, what remedy is available?
Note: Questions involving the right to vote fall
within the jurisdiction of ordinary courts. A: The dissatisfied party may file a motion for
reconsideration before the COMELEC en banc. If the
4. Deputize, with the concurrence of the en bancs decision is still not favorable, the same, in
President, law enforcement agencies and accordance with Article IX-A, Sec. 7, may be brought
instrumentalities of the government, to the Supreme Court on certiorari. (Reyes v. RTC of
including the AFP, for the exclusive purpose Oriental Mindoro, G.R. No. 108886, May 5, 1995)
of ensuring free, orderly, honest, peaceful
and credible elections. Note: The fact that decisions, final orders or rulings of the
COMELEC in contests involving elective municipal and
5. Registration of political parties, barangay offices are final, executory and not appealable,
organizations, or coalitions and accreditation (Art. IX-C, Sec. 2[2]) does not preclude recourse to the
of citizens arms of the COMELEC. Supreme Court by way of a special civil action of certiorari.
(Galido v. COMELEC, G.R. No. 95346, Jan. 18, 1991)
6. File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or Q: Can the COMELEC exercise its power of contempt
exclusion of voters; investigate and, where in connection with its functions as the National
appropriate, prosecute cases of violations of Board of Canvassers during the elections?
election laws, including acts or omissions
constituting election frauds, offenses and A: Yes. The effectiveness of the quasi-judicial power
malpractices. vested by law on a government institution hinges on
a. COMELEC has exclusive jurisdiction its authority to compel attendance of the parties
to investigate and prosecute cases and/or their witnesses at the hearings or
for violations of election laws. proceedings. In the same vein, to withhold from the
COMELEC the power to punish individuals who refuse

to appear during a fact-finding investigation, despite 4. Be financially interested, directly or indirectly, in

a previous notice and order to attend would render any contract with, or in any franchise or privilege
nugatory the COMELECs investigative power, which granted by the Government, any of its
is an essential incident to its constitutional mandate subdivisions, agencies or instrumentalities,
to secure the conduct of honest and credible including GOCCs or their subsidiaries
elections. (Bedol v. COMELEC, G.R. No. 179830, Dec.
3, 2009) JURISDICTION OF EACH CONSTITUTIONAL
COMMISSION
COMMISSION ON AUDIT
CIVIL SERVICE COMMISSION
Q: What are the powers and duties of COA?
Q: What is the scope of the Civil Service?
A:
1. Examine, audit and settle all accounts pertaining A: The civil service embraces all branches,
to revenue and receipts of, and expenditures or subdivisions, instrumentalities, and agencies of the
uses of funds and property owned or held in Government, including government-owned or
trust or pertaining to government controlled corporations with original charters. (Article
2. Keep general accounts of government and IV-B, Section 2[1])
preserve vouchers and supporting papers
3. Authority to define the scope of its audit and COMMISSION ON ELECTION
examination, establish techniques and methods
required therefore Q: What cases fall under the jurisdiction of COMELEC
4. Promulgate accounting and auditing rules and by division?
regulations, including those for prevention and
disallowance. (Sec. 2, Art. IX-D) A: Election cases should be heard and decided by a
division. If a division dismisses a case for failure of
Q: The PNB was then one of the leading counsel to appear, the MR may be heard by the
government-owned banks and it was under the division.
audit jurisdiction of the COA. A few years ago, it was
privatized. What is the effect, if any, of the Note: According to Balajonda v. COMELEC, G.R. No.
privatization of PNB on the audit jurisdiction of the 166032, Feb. 28, 2005, the COMELEC can order immediate
COA? execution of its own judgments.
A: Since the PNB is no longer owned by the Q: What cases fall under the jurisdiction of
Government, the COA no longer has jurisdiction to COMELEC en banc?
audit it as an institution. Under Sec. 2(2), Art. IX-D of
the Constitution, it is a GOCC and their subsidiaries A: Motion for Reconsideration of decisions should be
which are subject to audit by the COA. However, in decided by COMELEC en banc. It may also directly
accordance with Sec. 2(1), Art. IX-D, the COA can assume jurisdiction over a petition to correct
audit the PNB with respect to its accounts because manifest errors in the tallying of results by Board of
the Government still has equity in it. (PAL vs. COA, Canvassers.
G.R. No. 91890, June 9, 1995)
Note: Any decision, order or ruling of the COMELEC in the
PROHIBITED OFFICES & INTERESTS exercise of its quasi-judicial functions may be brought to
the SC on certiorari under Rules 64 and 65 of the Revised
Rules of Court within 30 days from receipt of a copy
Q: What are the prohibitions and inhibitions thereof.
attached to the officers of Constitutional
Commissions? These decisions or rulings refer to the decision or final
order of the COMELEC en banc and not of any division
A: No member of a Constitutional Commission shall, thereof.
during his tenure:
1. Hold any other office or employment Q: What are the acts that fall under the COMELECs
2. Engage in the practice of any profession power to supervise or regulate?
3. Engage in the active management and control of
any business which in any way may be affected A:
by the function of his office 1. The enjoyment or utilization of all franchises or
permits for the operation of transportation and

other public utilities, media of communication or REVIEW OF FINAL ORDERS, RESOLUTION &
information. DECISIONS
2. Grants, special privileges or concessions granted
by the government or any subdivision, agency or RENDERED IN THE EXERCISE OF QUASI-JUDICIAL
instrumentality thereof, including any GOCC or FUNCTION
its subsidiary. (Sec. 4, Art. IX-C)
Q: How does the SC review decisions of the
Q: When can COMELEC exercise its constitutional commissions?
powers and functions?
A:
A: 1) COA: Judgments or final orders of the
1. During election period 90 days before the day Commission on Audit may be brought by an
of the election and ends 30 days thereafter. In aggrieved party to the Supreme Court on
special cases, COMELEC can fix a period. certiorari under Rule 65. Only when COA acts
2. Applies not only to elections but also to without or excess in jurisdiction, or with grave
plebiscites and referenda. abuse of discretion amounting to lack or excess
of jurisdiction, may the SC entertain a petition for
Q: What is the difference between the jurisdiction of certiorari under Rule 65.
the COMELEC before the proclamation and its
jurisdiction after proclamation? 2) CSC: In the case of decisions of the CSC,
Administrative Circular 1-95538 which took
A: The difference lies in the due process implications. effect on June 1, 1995, provides that final
resolutions of the CSC shall be appealable by
OVER PRE- OVER CONTESTS (AFTER certiorari to the CA within 15 days from receipt
PROCLAMATION PROCLAMATION) of a copy thereof. From the decision of the CA,
CONTROVERSY the party adversely affected thereby shall file a
COMELECs jurisdiction is COMELECs jurisdiction is petition for review on certiorari under Rule 45 of
administrative or quasi- judicial and is governed the Rules of Court.
judicial and is governed by the requirements of
by the less stringent judicial process. 3) COMELEC: only decision en banc may be brought
requirements of to the Court by certiorari since Article IX-C, says
administrative due that motions for reconsideration of decisions
process (although the SC shall be decided by the Commission en banc.
has insisted that question (Reyes v. Mindoro, G.R. No. 108886, May 5, 1995)
on qualifications
should be decided only Q: What is the procedural requisite before certiorari
after a full-dress to the Supreme Court may be availed of?
hearing).
A: Rule 65, Section 1 says that certiorari may be
Note: Hence, even in the case of regional or provincial or resorted to when there is no other plain or speedy
city offices, it does make a difference whether the and adequate remedy. But reconsideration is a
COMELEC will treat it as a pre-proclamation controversy or speedy and adequate remedy. Hence, a case may be
as a contest. brought to the Supreme Court only after
reconsideration.
COMMISSION ON AUDIT
Q: Discuss the decision-making process in these
Q: Can the COA be divested of its power to examine Commissions.
and audit government agencies?
A:
A: No law shall be passed exempting any entity of the 1. Each Commission shall decide matter or cases by a
Government or its subsidiary in any guise majority vote of all the members within 60
whatsoever, or any investment of public funds, from days from submission.
the jurisdiction of the Commission on Audit. a. COMELEC may sit en banc or in 2
The mere fact that private auditors may audit divisions.
government agencies does not divest the COA of its b. Election cases, including pre-
power to examine and audit the same government proclamation controversies are decided
agencies. (DBP v. COA, G.R. No. 88435, Jan. 16, 2002)

in division, with motions for jurisdiction and does not ordinarily empower the
reconsideration filed with the COMELEC Court to review the factual findings of the
en banc. Commissions. (Aratuc v. COMELEC, G.R. No. L-49705-
c. The SC has held that a majority decision 09, Feb. 8, 1979)
decided by a division of the COMELEC is
a valid decision.
2. As collegial bodies, each Commission must
act as one, and no one member can decide a
case for the entire commission
Q: Discuss the rule on appeals.
A:
1. Decisions, orders or rulings of the COMELEC/CoA
may be brought on certiorari to the SC under
Rule 65.
2. Decisions, orders or rulings of the CSC should be
appealed to the CA under Rule 43.
RENDERED IN THE EXERCISE OF ADMINISTRATIVE

FUNCTION
Q; Does the CSC have the power to hear and decide

administrative cases?
A: Yes. Under the Administrative Code of 1987, the

CSC has the power to hear and decide administrative
cases instituted before it directly or on appeal,
including contested appointments.
Q: Which body has the jurisdiction on personnel

actions, covered by the civil service?
A: CSC. It is the intent of the Civil Service Law, in

requiring the establishment of a grievance procedure,
that decisions of lower officials (in cases involving
personnel actions) be appealed to the agency head,
then to the CSC. The RTC does not have jurisdiction
over such personal actions. (G. R. No. 140917.
October 10, 2003)
Q: What is the jurisdiction of the COMELEC?
A:The COMELEC hasexclusive original jurisdiction

over all contests relating to returns, and qualifications
of all elective regional, provincial, and city officials.It
also hasappellate jurisdiction over all contests
involving elective municipal officials decided by trial
courts of general jurisdiction, or involving elective
barangay officials decided by trial courts of limited
jurisdiction.
Q: Discuss the certiorari jurisdiction of the SC over

these Commissions.
A: Proceedings are limited to issues involving grave

abuse of discretion resulting in lack or excess of

BILL OF RIGHTS Purpose

Property taken Property is Property is
FUNDAMENTAL POWERS OF THE STATE is destroyed taken for taken for
public use public use
Q: What are the fundamental powers of the State? Compensation
Intangible; Protection and Value of the
A: general public property
1. Police Power welfare improvements expropriated
2. Power of Eminent Domain
3. Power of Taxation POLICE POWER
Note: These powers are considered inherent because they Q: What is police power?
belong to the very essence of government and without
them no government can exist. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2006)
A: Police power is that inherent and plenary power of
the State which enables it to prohibit all that is
Q: What are the similarities among the fundamental hurtful to the comfort, safety, and welfare of society.
powers of the State? (Ermita-Malate Hotel and Motel Operators
Association, Inc. vs. Mayor of Manila, L-24693, July
A: 31, 1967)
1. They are inherent in the State and may be
exercised by it without need of express Q: What are the characteristics of police power as
constitutional grant. compared to the powers of taxation and eminent
2. They are not only necessary but also domain?
indispensable. The State cannot continue or be
effective unless it is able to exercise them. A: Police power easily outpaces the other two
3. They are methods by which the State interferes powers. It regulates not only property, but also the
with private rights. liberty of persons. Police power is considered the
4. They all presuppose an equivalent compensation most pervasive, the least limitable, and the most
for the private rights interfered with. demanding of the three powers. It may be exercised
5. They are exercised primarily by the legislature. as long as the activity or property sought to be
regulated has some relevance to the public welfare.
Q: What are the common limitations on these (Gerochi v. Department of Energy, G. R. 159796, July
powers? 17, 2007)
A: Q: What is the scope of police power?

1. May not be exercised arbitrarily to the prejudice
of the Bill of Rights A: Police Power rests upon public necessity and upon
2. Subject at all times to the limitations and the right of the State and of the public to self-
requirements of the Constitution and may in protection. For this reason, its scope expands and
proper cases be annulled by the courts, i.e. when contracts with the changing needs.(Churchill vs.
there is grave abuse of discretion. Rafferty, 32 Phil. 580, 602-603, 1915)
Q: How do these powers differ from one another? Q: What are the aspects of police power?
A: A: Generally, police power extends to all the great

public needs. However, its particular aspects are the
POLICE EMINENT
TAXATION following:
POWER DOMAIN
1. Public health
Extent of power
2. Public morals
Regulates Affects only Affects only
3. Public safety
liberty and property rights property rights
4. Public welfare
property
Power exercised by whom
Q: Who exercises police power?
Exercised only Exercised only Maybe
by the by the exercised by A: GR: Police power is lodged primarily in the national
government government private entities legislature.

BILL OF RIGHTS
XPN: By virtue of a valid delegation of legislative A:

power, it may be exercised by the: 1. Lawful subject The interests of the public
1. President generally, as distinguished from those of a
2. Administrative bodies particular class, require the exercise of the police
3. Lawmaking bodies on all municipal levels, power
including the barangay. Municipal 2. Lawful means The means employed are
governments exercise this power under the reasonably necessary for the accomplishment of
general welfare clause. (Gorospe, the purpose and not unduly oppressive upon
Constitutional Law: Notes and Readings on individuals. (NTC vs. Philippine Veterans Bank,
the Bill of Rights, Citizenship and Suffrage, 192 SCRA 257).
Vol. 2.)
EMINENT DOMAIN
Q: Can the MMDA exercise police power?
Q: What is the power of eminent domain?
A: No, the MMDAs powers are limited to the
formulation, coordination, regulation, A: It is the power of the state to forcibly acquire the
implementation, preparation, management, needed property in order to devote it to the intended
monitoring, setting of policies, installing a system, public use, upon payment of just compensation.
and administration. Nothing in RA No. 7924 granted (Cruz, Constitutional Law, p.62)
the MMDA police power, let alone legislative power.
(MMDA vs. Trackworks GR. No. 179554, December Q: What are the conditions for the exercise of the
16, 2009) power of eminent domain?
Q: What are the requisites for the valid exercise of A:

police power by the delegate? 1. Taking of private property
2. For public use
A: 3. Just compensation
1. Express grant by law 4. Observance of due process
2. Must not be contrary to law
3. GR: Within territorial limits of LGUs Q: Who exercises the power of eminent domain?
XPN: When exercised to protect water A: Congress. However, the following may exercise this
supply (Wilson v. City of Mountain Lake power by virtue of a valid delegation:
Terraces, 417 P.2d 632, 1966) 1. The President of the Philippines
2. Various local legislative bodies
Q: Can anyone compel the government to exercise 3. Certain public corporations like the Land
police power? Authority and National Housing Authority
4. Quasi-public corporations like the Philippine
A: No. The exercise of police power lies within the National Railways
discretion of the legislative department. The only
remedy against legislative inaction is a resort to the Q: What is the difference between the power of
courtof public opinion, a refusal of the electorate to expropriation as exercised by Congress and the
turn to the legislative members who, in their view, power of expropriation as exercised by delegates?
have been remiss in the discharge of their duties.
A: When exercised by Congress, the power is
Q: Can the courts interfere with the exercise of pervasive and all-encompassing. It can reach every
police power? form of property which may be needed by the State
for public use. In fact, it can reach even private
A: No. If the legislature decides to act, the choice of property already dedicated to public use, or even
measures or remedies lies within its exclusive property already devoted to religious worship. (Barlin
discretion, as long as the requisites for a valid v. Ramirez, 7 Phil. 41) But when exercised by
exercise of police power have been complied with. delegates, it can only be broad as the enabling law
and the conferring authorities want it to be.
Q: What are the requisites for a valid exercise of
police power? As to the question of necessity, the same is a political
question when the power is exercised by Congress.

On the other hand, it is a judicial question when taken for public use; no just compensation
exercised by delegates. The courts can determine payment of just but payment in the form
whether there is genuine necessity for its exercise, as compensation of damages when
well as the value of the property. applicable
Beneficiary
Q: What are the requisites for a valid taking? State/public Private
(Gorospe, Constitutional Law: Notes and Readings on
A: PMAPO the Bill of Rights, Citizenship and Suffrage, Vol. 2)
1. The expropriator must enter a Private property
2. Entry must be for more than a Momentary ***For complete discussion of the power of eminent
period domain, please refer to Bill of Rights
3. Entry must be under warrant or color of legal
Authority TAXATION
4. Property must be devoted to Public use or
otherwise informally appropriated or injuriously Q: What are taxes?
affected
5. Utilization of property must be in such a way as A: Taxes are:
to Oust the owner and deprive him of beneficial 1. Enforced proportional contributions from
enjoyment of the property (Republic v. vda. De persons and property
Castellvi, G.R. No. L-20620, Aug. 15, 1974) 2. Levied by the State by virtue of its sovereignty
3. For the support of the government
Q: What properties can be taken? 4. For public needs
A: All private property capable of ownership, Q: What is taxation?

including services.
A: It is the process by which the government, through
Q: What properties cannot be taken? its legislative branch, imposes and collects revenues
to defray the necessary expenses of the government,
A: Money and choses in action, personal right not and to be able to carry out, in particular, any and all
reduced in possession but recoverable by a suit at projects that are supposed to be for the common
law, right to receive, demand or recover debt, good. (Political Law Reviewer, Suarez , 2011). Simply
demand or damages on a cause of action ex contractu put, taxation is the method by which these
or for a tort or omission of duty. contributions are exacted. (Gorospe, Constitutional
Law: Notes and Readings on the Bill of Rights,
Note: A chose in action is a property right in something Citizenship and Suffrage, Vol. 2)
intangible, or which is not in ones possession but
enforceable through legal or court action. Ex. cash, a right
of action in tort or breach of contract, an entitlement to Q: Does the power to tax include the power to
cash refund, checks, money, salaries, insurance claims destroy?
Q: Distinguish eminent domain from destruction A: Yes, only if it is used as a valid implement of the
from necessity. police power in discouraging and in effect, ultimately
prohibiting certain things or enterprises inimical to
A: public welfare. But where the power to tax is used
DESTRUCTION FROM solely for the purpose of raising revenues, the
EMINENT DOMAIN modern view is that it cannot be allowed to
NECESSITY
Who can exercise confiscate or destroy. If this is sought to be done, the
Only authorized public May be validly tax may be successfully attacked as an inordinate and
entities or public undertaken by private unconstitutional exercise of the discretion that is
officials individuals usually vested exclusively in the legislature in
Kind of right ascertaining the amount of tax (Cruz, Constitutional
Law, 2006 Ed., p. 88)
Public right Right of self-defense,
self-preservation,
whether applied to
Q: What is the nature of the power of taxation?
persons or to property
Requirement
A:
Conversion of property No need for conversion;

BILL OF RIGHTS
1. The power to tax is primarily vested in the 3. Uniformity, equitability and progressive system
legislature. This power, however, may now be of taxation (Art. VI, Sec 28)
exercised by local legislative bodies, no longer by 4. Non-impairment of contracts (Art. III, Sec. 10)
virtue of a valid delegation as before, but 5. Non-imprisonment for non-payment of poll tax
pursuant to a direct authority conferred by (Art. III, Sec. 20)
Article X, Section 5 of the 1987 Constitution. 6. Revenue and tariff bills must originate in the
2. The power to tax is subject to the limitations House of Representatives (Art I, Sec. 7)
imposed by the Constitution. 7. Non-infringement of religious freedom (Art. III,
3. The power of taxation is inherent in the State Sec.4)
and the State therefore can still exercise this 8. Delegation of legislative authority to the
power even if the constitution had not President to fix tariff rates, import and export
mentioned about it. (Political Law Reviewer, quotas, tonnage and wharfage dues
Suarez , 2011). 9. Tax exemption of properties actually, directly and
exclusively used for religious, charitable and
Q: What is the source of the obligation to pay taxes? educational purposes (NIRC, Sec 30)
10. Majority vote of all the members of Congress
A: Payment of taxes is an obligation based on law, required in case of legislative grant of tax
and not on contract. It is a duty imposed upon the exemptions
individual by the mere fact of his membership in the 11. Non-impairment of SCs jurisdiction in tax cases
body politic and his enjoyment of the benefits 12. Tax exemption of revenues and assets of,
available from such membership. including grants, endowments, donations or
contributions to educational institutions
Note: Except only in the case of poll (community) taxes,
non-payment of a tax may be the subject of criminal Q: Do local government units have the power of
prosecution and punishment. The accused cannot invoke taxation?
the prohibition against imprisonment for debt as taxes are
not considered debts.
A: Yes. Each LGU shall have the power to create its
own sources of revenues and to levy taxes, fees and
Q: What are the matters left to the discretion of the
charges subject to such guidelines and limitations as
legislature?
the Congress may provide, consistent with the basic
policy of local autonomy. Such taxes, fees, and
A:
charges shall accrue exclusively to the local
1. Whether to tax in the first place
governments (Sec. 5, Art. X).
2. Whom or what to tax
3. For what public purpose
Q: Should there be notice and hearing for the
4. Amount or rate of the tax
enactment of tax laws?
Q: What are the limitations, in general, on the
A: From the procedural viewpoint, due process does
power of taxation?
not require previous notice and hearing before a law
prescribing fixed or specific taxes on certain articles
A: Inherent and Constitutional limitations.
may be enacted. But where the tax to be collected is
to be based on the value of taxable property, the
Q: What are inherent limitations?
taxpayer is entitled to be notified of the assessment
proceedings and to be heard therein on the correct
A:
valuation to be given the property.
1. Public purpose
2. Non-delegability of power
Q: What is the meaning of uniformity in taxation?
3. Territoriality or situs of taxation
4. Exemption of government from taxation
A: It refers to geographical uniformity, meaning it
5. International comity
operates with the same force and effect in every
place where the subject of it is found.
Q: What are Constitutional limitations?
Q: What is a progressive system of taxation?
A:
1. Due process of law (Art. III, Sec.1)
A: It means that the tax rate increases as the tax base
2. Equal protection clause (Art. III, Sec.1)
increases.

Q: When is there double taxation? and regulation is merely that incidental revenue is
incidental also obtained does not
A: It occurs when: make the imposition a tax
1. Taxes are laid on the same subject
2. By the same authority PRIVATE ACTS AND THE BILL OF RIGHTS
3. During the same taxing period
4. For the same purpose Q: What is the Bill of Rights?
Note: There is no provision in the Constitution specifically A: It is the set of prescriptions setting forth the
prohibiting double taxation, but it will not be allowed if it fundamental civil and political rights of the individual,
violates equal protection. (Gorospe, Constitutional Law:
and imposing limitations on the powers of
Notes and Readings on the Bill of Rights, Citizenship and
Suffrage, Vol. 2) government as a means of securing the enjoyment of
those rights.
Q: What are the kinds of tax exemptions?
Q: When can the Bill of Rights be invoked?
A: Tax exemptions may either be:
1. Constitutional A: In the absence of governmental interference, the
2. Statutory liberties guaranteed by the Constitution cannot be
invoked against the State. The Bill of Rights guarantee
Q: Once an exemption is granted by the legislature, governs the relationship between the individual and
may such exemption be revoked at will? the State. Its concern is not the relation between
private individuals. What it does is to declare some
A: forbidden zones in the private sphere inaccessible to
1. If exemption is granted gratuitously revocable any power holder. (People v. Marti, G.R. No. 81561,
2. If exemption is granted for valuable Jan. 18, 1991)
consideration (non-impairment of contracts)
irrevocable Q: Can the Bill of Rights be invoked against private
individuals?
Q: What is the nature of a license fee?
A: No. In the absence of governmental interference,
A: Ordinarily, license fees are in the nature of the the liberties guaranteed by the Constitution cannot
exercise of police power because they are in the form be invoked. Put differently, the Bill of Rights is not
of regulation by the State and considered as a meant to be invoked against acts of private
manner of paying off administration costs. However, individuals.(Yrasegui vs. PAL, G.R. No. 168081, Oct.
if the license fee is higher than the cost of regulating, 17, 2008)
then it becomes a form of taxation (Ermita-Malate
Note: However, according to the Supreme Court in Zulueta
Hotel and Motel Operators Assoc., Inc. vs. City Mayor
v. CA, G.R. No. 107383, Feb. 20 1996, where the husband
of Manila, G.R. No. L-24693, Oct. 23, 1967). invoked his right to privacy of communication and
correspondence against a private individual, his wife, who
Q: Distinguish tax from license fee. had forcibly taken from his cabinet and presented as
evidence against him documents and private
TAX LICENSE FEE correspondence, held these papers inadmissible in
Levied in exercise of the Imposed in the exercise evidence, upholding the husbands right to privacy.
taxing power of the police power of the
state DUE PROCESS
The purpose of the tax is License fees are imposed
to generate revenues for regulatory purposes Q: What is due process?
which means that it must
only be of sufficient A: Due process means that:
amount to include 1. There shall be a law prescribed in harmony with
expenses in issuing a the general powers of the legislature
license; cost of necessary 2. It shall be reasonable in its operation
inspection or police 3. It shall be enforced according to the regular
surveillance, etc. methods of procedure prescribed, and
If its primary purpose is If regulation is the
to generate revenue, primary purpose, the fact

BILL OF RIGHTS
4. It shall be applicable alike to all citizens of the 1. The right to hearing which includes the right to
State or to all of a class.(People v. Cayat, G.R. No. present ones case and submit evidence to
L-45987, May 5, 1939) support thereof.
2. Tribunal or body or any of its judges must act on
Q: What are the two kinds of due process? its own independent consideration of the law
and facts of the controversy.
A: They are: 3. Tribunal must consider the evidence presented.
1. Procedural Due Process 4. Evidence must be substantial, which means
2. Substantive Due Process relevant evidence as a reasonable man might
accept as adequate to support a conclusion
RELATIVITY OF DUE PROCESS 5. The decision must have something to support
itself
Q: Explain the concept of relativity of due process? 6. Decision must be based on evidence presented
during hearing or at least contained in the record
A: The definition of due process has been left to the and disclosed by the parties
best judgment of our judiciary considering the 7. Decision must be rendered in a manner that the
peculiarity and the circumstances of each case. In a parties can know the various issues involved and
litany of cases that have been decided in this the reason for the decision rendered. (Ang Tibay
jurisdiction, the common requirement to be able to vs CIR, Gr. No. L-46496, February 27, 1940).
conform to due process is fair play, respect for justice
and respect for the better rights of others. In Note: When a regulation is being issued under the quasi-
accordance with the standards of due process, any legislative authority of an administrative agency, the
court at any particular time, will be well guided, requirements of notice, hearing and publication must be
instead of being merely confined strictly to a precise observed. (Commissioner of Internal Revenue v. CA, G.R.
No. 119761, Aug. 29, 1996)
definition which may or may not apply in every case.
(Political Law Reviewer, Suarez , 2011).
Q: Is the right to appeal part of due process?
Q: What are the requirements of due process in
judicial proceedings? A:
GR: The right to appeal is not a natural right or a part
A: Whether in civil or criminal judicial proceedings, of due process.
due process requires that there be:
XPN: In cases where the right to appeal is
1. An impartial and disinterested court clothed by guaranteed by the Constitution (Art. VIII,
law with authority to hear and determine the Sec. XIV) or by a statute.
matter before it.
Q: Distinguish due process in administrative
Note: The test of impartiality is whether the judges proceedings from due process in judicial proceeding.
intervention tends to prevent the proper presentation
of the case or the ascertainment of the truth. A:
ADMINISTRATIVE JUDICIAL
2. Jurisdiction lawfully acquired over the defendant Essence
or the property which is the subject matter of the Opportunity to explain A day in court
proceeding ones side
Means
3. Notice and opportunity to be heard be given to Usually through Submission of pleadings
the defendant seeking a and oral arguments
reconsideration of the
4. Judgment to be rendered after lawful hearing, ruling or the action
clearly explained as to the factual and legal bases taken, or appeal to a
(Art. VII, Sec. 14, 1987 Constitution) superior authority
Notice and Hearing
Q: What are the requisites of administrative due When exercising quasi- Both are essential:
process? judicial function 1. Notice
(PhilCom-Sat v. Alcuaz, 2. Hearing
A: G.R. No. 84818, Dec.
18, 1989)

Q: What is the nature of procedural due process in securing an employment permit from the Mayor of
student discipline proceedings? Manila. Lee Min Ho sought to enjoin its
enforcement. Is the said ordinance
A: Student discipline proceedings may be summary unconstitutional? Decide.
and cross-examination is not an essential part
thereof. However, to be valid, the following A: The ordinance is unconstitutional. While it is true
requirements must be met: that the Philippines as a State is not obliged to admit
1. Written notification sent to the student/s aliens within its territory, once an alien is admitted,
informing the nature and cause of any accusation he cannot be deprived of life without due process of
against him/her; law. This guarantee includes the means of livelihood.
2. Opportunity to answer the charges, with the The ordinance amounts to a denial of the basic right
assistance of a counsel, if so desired; of the people of the Philippines to engage in the
3. Presentation of ones evidence and examination means of livelihood. (Mayor Villegas vs. Hiu Ching
of adverse evidence; Tsai Pao Hao, G.R. No. L-29646, Nov. 10, 1978)
4. Evidence must be duly considered by the
investigating committee or official designated by PROCEDURAL AND SUBSTANTIVE DUE PROCESS
the school authorities to hear and decide the
case.(Guzman v. National University, G.R. No. L- Q: What are the two aspects of due process?
68288, July 11, 1986)
5. The student has the right to be informed of the A:
evidence against him SUBSTANTIVE DUE PROCEDURAL DUE
6. The penalty imposed must be proportionate to PROCESS PROCESS
the offense. This serves as a Serves as a restriction on
restriction on the actions of judicial and
Q: What kind of due process is required in governments law and quasi-judicial agencies of
deportation proceedings? rule-making powers the government
Requisites
A: Although deportation proceedings are not criminal 1. The interests of the 1. Impartial court or
in nature, the consequences can be as serious as public in general, as tribunal clothed with
those of a criminal prosecution. The provisions of the distinguished from judicial power to hear
Rules of Court for criminal cases are applicable. (Lao those of a particular and determine the
Gi alias Chia, Jr. vs. CA, GR. No. 81789, Dec. 29, 1989.) class, require the matters before it.
intervention of the 2. Jurisdiction properly
Q: What are the instances when hearings are not state acquired over the
necessary? 2. The means employed person of the
are reasonably defendant and over
A: necessary for the property which is the
1. When administrative agencies are exercising accomplishment of the subject matter of the
their quasi-legislative functions. purpose and not proceeding
2. Abatement of nuisance per se. unduly oppressive 3. Opportunity to be
3. Granting by courts of provisional remedies. upon individuals. heard
4. Cases of preventive suspension. 4. Judgment rendered
5. Removal of temporary employees in the upon lawful hearing
government service. and based on
6. Issuance of warrants of distraint and/or levy by evidence adduced.
the BIR Commissioner.
7. Cancellation of the passport of a person charged SUBSTANTIVE DUE PROCESS
with a crime.
8. Suspension of a banks operations by the Q: What is Substantive due process?
Monetary Board upon a prima facie finding of
liquidity problems in such bank. A: It is a guarantee that life, liberty and property shall
not be taken away from anyone without due process
Q: Ordinance No. 6537 of City of Manila makes it of law. If a law is invoked to take away ones life,
unlawful for non- Filipino citizens to be employed or liberty or property, the more specific concern of
to be engaged in any kind of trade, business or substantive due process is not to find out whether
occupation within the City of Manila, without said law is being enforced in accordance with

BILL OF RIGHTS
procedural formalities but whether or not the said 3. Court/tribunal must have jurisdiction
law is a proper exercise of legislative power. (Political
Law Reviewer, Suarez, 2011). Q: Does an extraditee have a right of access to the
evidence against him?
Q: The City of Manila enacted Ordinance No. 7783
which prohibited the establishment or operation of A: During the executive phase of an extradition
business providing certain forms of amusement, proceeding an extraditee does not have the right of
entertainment, services and facilities where women access to evidence in the hands of the government.
are used as tools in entertainment and which tend But during the judicial phase he has. (Secretary vs.
to disturb the community, among the inhabitants Judge Lantion, GR. No. 139465, Oct. 17, 2000)
and adversely affect the social and moral welfare of
community. Owners and operators concerned were Q: Does due process require a trial-type proceeding?
given three (3) months to wind up their operations
or to transfer to any place outside the Ermita- A: No. The essence of due process is to be found in
Malate area, or convert said business to other kinds the reasonable opportunity to be heard and to
of business which are allowed. Does the ordinance submit any evidence one may have in support of
violate the due process clause? ones defense. To be heard does not always mean
verbal arguments in court. One may be heard also
A: Yes, these lawful establishments may only be through pleadings. Where opportunity to be heard,
regulated. They cannot be prohibited from carrying either through oral arguments or pleadings, is
on their business. This is a sweeping exercise of police accorded, there is no denial of due process (Zaldivar
power which amounts to interference into personal v. Sandiganbayan, G.R. No. L-32215, Oct. 17, 1988).
and private rights which the court will not
countenance. There is a clear invasion of personal or Note: The meetings in the nature of consultations and
property rights, personal in the case of those conferences cannot be considered as valid substitutes for
the proper observance of notice and hearing (Equitable
individuals desiring of owning, operating and
Banking Corporation v. NLRC, G.R. No. 102467, June 13,
patronizing those motels and property in terms of 1987).
investments made and the salaries to be paid to
those who are employed therein. If the City of Manila Q: An investigating committee was created to
desired to put an end to prostitution, fornication, and inquire into the charges against Ms. Angel Lucero. Is
other social ills, it can instead impose reasonable she entitled to be informed of the findings and
regulations such as daily inspections of the recommendations of the investigating committee?
establishments for any violation of the conditions of
their licenses or permits, it may exercise its authority A: No, but Ms. Lucero is entitled to meet the charges
to suspend or revoke their licenses for these and the evidence presented against her during the
violations; and it may even impose increased license hearing of the investigating committee. (Pefianco vs.
fees. (City of Manila vs. Laguio, Jr. GR. No. 1118127, Moral, GR. No. 132248, January 19, 2000)
April 12, 2005)
CONSTITUTIONAL AND STATUTORY DUE PROCESS
PROCEDURAL DUE PROCESS
Q: Differentiate constitutional due process from
Q: What is procedural due process? statutory due process.
A: Procedural due process relates to the mode of A:
procedure which government agencies must follow in
CONSTITUTIONAL DUE STATUTORY DUE
the enforcement and application of laws. (Bernas,
PROCESS PROCESS
1987 Philippine Constitution: A Comprehensive
Protects the individual While found in the Labor
Reviewer, 2006)
from the government Code and Implementing
and assures him of his Rules, it protects
Q: What are the fundamental elements of
rights in criminal, civil or employees from being
procedural due process?
administrative unjustly terminated
proceedings without just cause after
A:
notice and hearing
1. Notice (to be meaningful, must be as to time and
(Agabon v. NLRC, G.R.
place)
No. 158693, November
2. Opportunity to be heard
17, 2004)

Q: What are the standards of due process in all cases JUDICIAL STANDARDS OF REVIEW
of termination of employment?
Q: Given the fact that not all rights and freedoms or
A: liberties under the Bill of Rights and other values of
society are of similar weight and importance,
I. For Termination of Employment Based On Just governmental regulations that affect them would
Causes (Article 282, Labor Code) have to be evaluated based on different yardsticks,
or standards of review. What are these standards of
The following standards of due process shall be review?
substantially observed.
A:
1. Written Notice Served on the Employee specifying 1. Deferential review laws are upheld if they
the grounds of termination and giving to said rationally further a legitimate governmental
employee reasonable opportunity within which to interest, without courts seriously inquiring into
explain his side. the substantiality of such interest and examining
the alternative means by which the objectives
2.Hearing or conference During which the employee could be achieved
concerned, with the assistance of counsel, If the 2. Intermediate review the substantiality of the
employee so desires, is given the opportunity to governmental interest is seriously looked into
respond to the charge, present his evidence or rebut and the availability of less restrictive alternatives
the evidence against him. are considered.
3. Strict scrutiny the focus is on the presence of
3. Written Notice of Termination Served on the compelling, rather than substantial governmental
Employee Indicatingthat upon due consideration of interest and on the absence of less restrictive
the circumstances, grounds have been established to means for achieving that interest (Separate
justify his termination. In case of termination, the opinion of Justice Mendoza in Estrada v.
foregoing notices shall be served on the employees Sandiganbayan, G.R. No. 148965, Feb. 26, 2002)
last address.
VOID-FOR-VAGUENESS DOCTRINE
II. If the dismissal is based on authorized causes under
Articles 283 and 284 Q: What is the void for vagueness doctrine?
The employer must give the employee and the A: It holds that a law is vague when it lacks
Department of Labor and Employment written comprehensive standards that men of common
notices 30 days prior to the effectivity of his intelligence must necessarily guess at its common
separation.(Political Law Reviewer, Suarez ,p. 129 meaning and differ as to its application. In such
2011). instance, the statute is repugnant to the Constitution
because:
HIERARCHY OF RIGHTS 1. It violates due process for failure to accord
persons, especially the parties targeted by it, fair
Q: Is there a hierarchy of constitutional rights? notice of what conduct to avoid
2. It leaves law enforcers an unbridled discretion in
A: Yes. While the Bill of Rights also protects property carrying out its provisions (People v. de la Piedra,
rights, the primacy of human rights over property G.R. No. 128777, Jan. 24, 2001)
rights is recognized. Property and property rights can
be lost thru prescription; but human rights are Q: Is legislation couched in imprecise language void
imprescriptible. In the hierarchy of civil liberties, the for vagueness?
rights of free expression and of assembly occupy a
preferred position as they are essential to the A: No. The "void-for-vagueness" doctrine does not
preservation and vitality of our civil and political apply as against legislations that are merely couched
institutions (Philippine Blooming Mills Employees in imprecise language but which specify a standard
Organization v. Philippine Blooming Mills Co., Inc., though defectively phrased; or to those that are
G.R. No. L-31195, June 5, 1973). apparently ambiguous yet fairly applicable to certain
types of activities. The first may be "saved" by proper
construction, while no challenge may be mounted as

BILL OF RIGHTS
against the second whenever directed against such protection clause cannot sanction. Such
activities. discriminating differentiation clearly reverberates to
label the commission as a vehicle for vindictiveness
The Supreme Court held that the doctrine can only be and selective retribution. (Biraogo v. The Philippine
invoked against that species of legislation that is Truth Commission of 2010, G.R. No. 192935, Dec. 7,
utterly vague on its face, i.e., that which cannot be 2010)
clarified either by a saving clause or by construction.
(Estrada v. Sandiganbayan, G.R. No. 148560, Nov. 19, REQUISITES FOR VALID CLASSIFICATION
2001)
Q: What are the requisites for a valid classification?
Q: What is the test in determining whether a
criminal statute is void for uncertainty? A: The classification must:
1. Rest on substantial distinctions
A: The test is whether the language conveys a 2. Be germane to the purpose of the law
sufficiently definite warning as to the proscribed 3. Not be limited to existing conditions only;
conduct when measured by common understanding 4. Apply equally to all members of the same
and practice. It must be stressed, however, that the class. (People v. Cayat, GR. No. L-45987, May
"vagueness" doctrine merely requires a reasonable 5, 1939)
degree of certainty for the statute to be upheld - not
absolute precision or mathematical exactitude. Q: Does equal protection of the laws apply to both
(Estrada vs. Sandiganbayan, G.R. No. 148560, Nov. citizens and aliens?
19, 2001)
A:
Note: The void-for-vagueness doctrine cannot be used to GR: It applies to all persons, both citizens and aliens.
impugn the validity of a criminal statute using facial The Constitution places the civil rights of aliens on
challenge but it may be used to invalidate a criminal equal footing with those of the citizens.
statute as applied to a particular defendant.
XPN: Statutes may validly limit exclusively to
EQUAL PROTECTION OF THE LAWS
citizens the enjoyment of rights or privileges
connected with public domain, the public
CONCEPT works, or the natural resources of the State
Q: What is the concept of equal protection of the Note: The rights and interests of the State in these things
laws? are not simply political but also proprietary in nature and so
citizens may lawfully be given preference over aliens in
A: It means that all persons or things similarly their use or enjoyment.
situated should be treated alike, both as to rights
conferred and responsibilities imposed. It guarantees Aliens do not enjoy the same protection as regards political
equality, not identity of rights. It does not forbid rights. (Inchong v. Hernandez,G.R. No. L-7995, May 31,
1957)
discrimination as to persons and things that are
different. What it forbids are distinctions based on
Q: Is classification of citizens by the legislature
impermissible criteria unrelated to a proper
unconstitutional?
legislative purpose, or class or discriminatory
legislation, which discriminates against some and
A:
favors others when both are similarly situated. (2
GR: The legislature may not validly classify the
Cooley, Constitutional Limitations, 824-825)
citizens of the State on the basis of their origin, race,
or parentage.
Q: Executive Order No. 1 was issued by President
NoyNoy Aquino to investigate reported cases of
XPN: The difference in status between
graft and corruption of the Arroyo administration. Is
citizens and aliens constitutes a basis for
such action valid?
reasonable classification in the exercise of
police power. (Demore v. Kim, 538 U.S. 510,
A: No, it must be borne in mind that the Arroyo
2003)
administration is but just a member of a class, that is,
a class of past administrations. It is not a class of its
Q: What is the rationale for allowing, in exceptional
own. Not to include past administrations similarly
cases, valid classification based on citizenship?
situated constitutes arbitrariness which the equal

A: Aliens do not naturally possess the sympathetic proviso may be fair on its face and impartial in
consideration and regard for customers with whom appearance but it cannot be grossly discriminatory in
they come in daily contact, nor the patriotic desire to its operation, so as practically to make unjust
help bolster the nations economy, except in so far as distinctions between persons who are without
it enhances their profit, nor the loyalty and allegiance differences. Hence, the law which was valid initially
which the national owes to the land. These becomes void for being a violation of the equal
limitations on the qualifications of aliens have been protection clause. (Central Bank Employees
shown on many occasions and instances, especially in Association, Inc. vs. Bangko Sentral ng Pilipinas, 446
times of crisis and emergency. (Ichong v. Hernandez, SCRA 229)
G.R. No. L-7995, May 31, 1957)
Q: What are the tests in determining compliance
Q: What is the intensified means test or the with the equal protection clause?
balancing of interest/equality test?
A:
A: It is the test which does not look solely into the 1. Rational Basis Test - The guaranty of the equal
governments purpose in classifying persons or things protection of the laws is not violated by
(as done in Rational Basis Test) nor into the existence legislation based on reasonable classification.
of an overriding or compelling government interest This standard of review is typically quite
so great to justify limitations of fundamental rights deferential; legislative classifications are
(Strict Scrutiny Test) but closely scrutinizes the presumed to be valid largely for the reason
relationship between the classification and the that the drawing of lines that create distinctions
purpose, based on spectrum of standards, by gauging is peculiarly a legislative task and unavoidable
the extent to which constitutionally guaranteed rights one
depend upon the affected individuals interest.
2. Strict Scrutiny Test - It is applied when the
STANDARDS OF JUDICIAL REVIEW challenged statute either:
a. Classifies on the basis of an inherently
Q: What is the doctrine of Relative Constitutionality suspect characteristic
or Principle of Altered Circumstance? b. Infringes fundamental constitutional rights;
that all legal restrictions which curtail the
A: A statute may be valid at one time as applied to a civil rights of a single racial group are
set of facts but it may become void at another time immediately suspect. That is not to say that
because of altered circumstances. all such restrictions are unconstitutional. It is
to say that courts must subject them to the
Example: Sec. 15(c) of Art. II of Republic Act 7653 most rigid scrutiny. The presumption of
exempted the BSP Officers from the Salary constitutionality is reversed; that is, such
Standardization Law (SSL), but did not exempt rank legislation is assumed to be unconstitutional
and file employees. Said law is held to be until the government demonstrates
constitutional as there were substantial distinctions otherwise. (Central Bank Employees
that made real differences between two classes. Association Inc. vs. BSP, GR. No. 148208.
Subsequently, certain laws were enacted by Congress December 15, 2004)
extending the SSL exemption to the rank-and-file
employees of other GFIs. The subsequent enactments Q: What are the differences between the tests to
constitute significant changes in circumstance that determine compliance with the equal protection
considerably alter the reasonability of the continued clause?
operation of the last proviso of Section 15(c), Article II
of Republic Act No. 7653, specifically in relation to A:
the fact that the rank-and-file employees of other RATIONAL BASIS TEST STRICT SCRUTINY
GFIs were already exempted from the operation of Applies to legislative Applies to legislative
the SSL and those under BSP were not exempted. classifications in general, classifications affecting
Hence, due to the recent laws enacted by Congress, such as those pertaining fundamental rights or
the substantial distinctions that initially validated the to economic or social suspect classes.
inclusion of the rank-and-file employees in the SSL, is legislation, which do not
rendered moot and academic. The SC held that the affect fundamental rights
classification must not only be reasonable, but must of suspect classes; or is
also apply equally to all members of the class. The not based on gender or

BILL OF RIGHTS
illegitimacy 2. Probable cause supported the issuance of such

Legislative purpose must Legislative purpose must warrant
be legitimate be compelling 3. Such probable cause had been determined
Classification must be Classification must be personally by a judge
rationally related to the necessary and narrowly 4. Judge personally examined the complainant and
legislative purpose tailored to achieve the his witnesses
legislative purpose 5. The warrant must particularly describe the place
(Central Bank Employees Association Inc. vs. BSP, GR. to be searched and the persons or things to be
No. 148208, December 15, 2004) seized.(Gorospe, Constitutional Law: Notes and
Readings on the Bill of Rights, Citizenship and
Q: What is the Intermediate Scrutiny Test? Suffrage, Vol. 2., p.334)
Note: General warrant is not allowed. It must be issued

A: This test provides that to withstand constitutional
pursuant to specific offense.
challenge, it must be shown that the law or policy
being challenged furthers an important government
Q: What are general warrants?
interest in a way that is substantially related to that
interest. It is generally applied in sex-based
A: These are warrants of broad and general
classifications, illegitimacy, sexual orientation and
characterization or sweeping descriptions which will
free speech. (Craig v. Boren, 429 U.S. 190).
authorize police officers to undertake a fishing
expedition to seize and confiscate any and all kinds of
SEARCHES AND SEIZURES
evidence or articles relating to an offense.
CONCEPT Q: What is the purpose of particularity of

description?
Q: What is the concept of searches and seizures?
A: The purpose is to enable the law officers serving
A: The right of the people to be secure in their the warrant to:
persons, houses, papers, and effects against 1. Readily identify the properties to be seized and
unreasonable searches and seizures of whatever thus prevent them from seizing the wrong items
nature and for any purpose shall be inviolable, and no 2. Leave said peace officers with no discretion
search warrant or warrant of arrest shall issue except regarding the articles to be seized and thus
upon probable cause to be determined personally by prevent unreasonable searches and seizures.
the judge after examination under oath or affirmation (Bache and Co. v. Ruiz, 37 SCRA 823)
of the complainant and the witnesses he may
produce, and particularly describing the place to be Q: When is particularity of description complied
searched and persons or things to be seized. (1987 with?
Constitution, Article 3, Section 2)
A: For warrant of arrest, this requirement is complied
Q: What is the essence of privacy? with if it contains the name of the person/s to be
arrested. If the name of the person to be arrested is
A: The essence of privacy is the right to be left alone. not known, a John Doe warrant may be issued. A John
In context, the right to privacy means the right to be Doe warrant will satisfy the constitutional
free from unwarranted exploitation of ones person requirement of particularity of description if there is
or from intrusion into ones private activities in such a some descriptio personae which is sufficient to enable
way as to cause humiliation to a persons ordinary the officer to identify the accused.
sensibilities.
For a search warrant, the requirement is complied
WARRANT REQUIREMENT with:
1. When the description therein is as specific as
Q: What are the requisites of a valid search warrant the circumstances will ordinarily allow; or
and warrant of arrest? 2. When the description expresses a conclusion
of fact, not of law, by which the warrant
A: officer may be guided in making the search
1. There should be a search warrant or warrant of and seizure; or
arrest

3. When the things described are limited to actually committing, or is attempting to commit a
those which bear direct relation to the crime; and
offense for which the warrant is being issued 2. Such overt act is done in the presence or within
the view of the arresting officer.
Note: If the articles desired to be seized have any direct
relation to an offense committed, the applicant must Q: What constitutes searching questions?
necessarily have some evidence other than those articles to
prove said offense. The articles subject of search and A: Examination by the investigating judge of the
seizure should come in handy merely to strengthen such complainant and the latters witnesses in writing and
evidence.
under oath or affirmation, to determine whether
there is a reasonable ground to believe that an
Q: What are the properties subject to seizure?
offense has been committed and whether the
accused is probably guilty thereof so that a warrant of
A:
arrest may be issued and he may be held liable for
1. Property subject of the offense
trial.
2. Stolen or embezzled property and other
proceeds or fruits of the offense
WARRANTLESS SEARCHES
3. Property used or intended to be used as means
for the commission of an offense
Q: What are the instances of a valid warrantless
Q: What is probable cause? search?
A: Probable cause is such facts and circumstances A:

antecedent to the issuance of a warrant that in 1. Visual search is made of moving vehicles at
themselves are sufficient to induce a cautious man to checkpoints
rely on them and act in pursuance thereof. 2. Search is an incident to a valid arrest
Note: An officer making an arrest may take from the

Q: How is probable cause determined personally by
person:
the judge? a. Any money or property found upon his person
which was used in the commission of the offense
A: b. Was the fruit thereof
SEARCH WARRANT WARRANT OF ARREST c. Which might furnish the prisoner with the means
The judge must It is not necessary that the of committing violence or escaping
personally examine in judge should personally d. Which might be used as evidence in the trial of
the form of searching examine the complainant the case
questions and answers, and his witnesses; the
in writing and under judge would simply 3. Search of passengers made in airports
oath, the complainant personally review the 4. When things seized are within plain view of a
and the witnesses he initial determination of searching party
may produce on facts the prosecutor to see if it 5. Stop and frisk (precedes an arrest)
personally known to is supported by 6. When there is a valid express waiver made
them. substantial evidence. voluntarily and intelligently
The determination of He merely determines the
Note: Waiver is limited only to the arrest and does not
probable cause depends probability, not the
extend to search made as an incident thereto, or to
to a large extent upon certainty of guilt of the any subsequent seizure of evidence found in the
the finding or opinion of accused and, in so doing, search. (People v. Peralta, G.R. 145176, March 30,
the judge who he need not conduct a 2004)
conducted the required new hearing.
examination of the 7. Customs search
applicant and the 8. Exigent and emergency circumstances. (People v.
witnesses. De Gracia, 233 SCRA 716))
Q: What constitutes personal knowledge? Q: What is the Plain View Doctrine?
A: A: Objects falling in plain view of an officer who has a

1. The person to be arrested must execute an overt right to be in the position to have that view are
act indicating that he had just committed, is subject to seizure even without a search warrant and

BILL OF RIGHTS
may be introduced as evidence. Requisites for the contraband goods, and explosives. When she frisked
application of the doctrine are the following: Zan, a boarding passenger, she felt something hard
a. The law enforcer in search of the evidence on Zans abdominal area which was later found to
has a prior justification for an intrusion, or is be 3 packs of shabu. Can Zan Dela Cruz invoke a
in a position from which he can view a violation of the search and seizure clause?
particular area;
b. The discovery of the evidence in plain view is A: No. Persons may lose the protection of the search
inadvertent; and seizure clause by exposure of their persons or
property to the public in a manner reflecting a lack of
Q: What is a stop-and-frisk search? subjective expectation of privacy, which expectation
society is prepared to recognize as reasonable. Such
A: It is a limited protective search of outer clothing recognition is implicit in airport security procedures.
for weapons. Probable cause is not required but a With increased concern over airplane hijacking and
genuine reason must exist in light of a police officers terrorism has come increased security at the nations
experience and surrounding conditions to warrant airport. (People vs. Leila Johnson, G.R. No.138881, Dec.
the belief that the person detained has weapons 18, 2000)
concealed. (Malacat v. CA, G.R. No. 123595, Dec. 12,
1997) Q: Rex was arrested, by virtue of a warrant of arrest,
in his room while sleeping. Thereafter, some police
Q: Are searches conducted in checkpoints lawful? officers remained inside the room and ransacked the
locked cabinet where they found a firearm and
A: Yes, provided the checkpoint complies with the ammunition. Is the warrantless search and seizure of
following requisites: the firearm and ammunition justified as an incident
1. The establishment of checkpoint must be to a lawful arrest?
pronounced
2. It must be stationary, not roaming A: No. The scope of the warrantless search is not
3. The search must be limited to visual search without limitations. A valid arrest allows the seizure
and must not be an intrusive search. of evidence or dangerous weapons either on the
person of the one arrested or within the area of his
Note: Not all searches and seizures are prohibited. Between immediate control. The purpose of the exception is to
the inherent right of the State to protect its existence and protect the arresting officer from being harmed by
promote public welfare and an individuals right against the person arrested, who might be armed with a
warrantless search which is however reasonably conducted,
concealed weapon, and to prevent the latter from
the former should prevail.
destroying evidence within reach. In this case, search
A checkpoint is akin to a stop-and-frisk situation whose was made in the locked cabinet which cannot be said
object is either to determine the identity of suspicious to have been within Valeroso's immediate control.
individuals or to maintain the status quo momentarily while Thus, the search exceeded the bounds of what may
the police officers seek to obtain more information. be considered as an incident to a lawful arrest.
(Valmonte vs. De Villa, GR.83988, Sept. 29, 1989) (Valeroso v. Court of Appeals, G.R. No. 164815, Sept.
3, 2009)
Q: When may motorists and their vehicles passing
though checkpoints be stopped and extensively Q: Police Officer CA Mindaro posed as a buyer and
searched? bought marijuana from Jogie in her store.
Thereafter, he arrested Jogie without a warrant. The
A: While, as a rule, motorists and their vehicles other police officers seized a plastic container on the
passing though checkpoints may only be subjected to table inside the store from which Jogie took the
a routine inspection, vehicles may be stopped and marijuana. Six marijuana stocks were found in the
extensively searched when there is probable cause plastic container. Jogie was charged with selling
which justifies a reasonable belief among those at the marijuana. Is the warrantless seizure of marijuana
checkpoints that either the motorist is a law offender legal?
or the contents of the vehicle are or have been
instruments of some offense. (People v. Vinecario, A: Yes. The search being an incident to a lawful
G.R. No. 141137, Jan. 20, 2004) arrest, it needed no warrant for its validity. The
accused having been caught in flagrante delicto, the
Q: Jaime was a lady frisker whose duty is to frisk arresting officers were duty bound to apprehend her
departing passengers, employees, and crew and immediately. The warrantless search and seizure, as
check for weapons, bombs, prohibited drugs,

an incident to a lawful arrest, may extend to include commit such crimes, and crimes or offenses
the premises under the immediate control of the committed in furtherance thereof, or in connection
accused. The accused may not successfully invoke the therewith constitute direct assaults against the State,
right against a warrantless search, even as regards are in the nature of continuing crimes.
the plastic container with dried marijuana leaves
found on the table in her store. (People vs. Salazar, Q: Can the place to be searched, as set out in the
G.R. No. 98060, Jan. 27, 1997) warrant be amplified or modified by the officers
personal knowledge of the premises or evidence
WARRANTLESS ARRESTS they adduce in support of their application for the
warrant?
Q: What are the instances of a valid warrantless
arrest? A: No. Such a change is proscribed by the
Constitution which requires a search warrant to
A: particularly describe the place to be searched;
1. In flagrante delicto The person to be arrested otherwise it would open the door to abuse of the
has either committed, is actually committing, or search process, and grant to officers executing the
is about to commit an offense in the presence of search that discretion which the Constitution has
the arresting office precisely removed from them.
2. Hot Pursuit When an offense has in fact just Q: Which court has the primary jurisdiction in
been committed and the arresting officer has issuing search warrants?
probable cause to believe, based on personal
knowledge of the facts and circumstances A: The RTC where the criminal case is pending or if no
indicating, that the person to be arrested has information has yet been filed, in RTC in the area/s
committed it contemplated. However, an RTC not having territorial
jurisdiction over the place to be searched may issue a
3. Escaped Prisoner or Detainee When the person search warrant where the filing of such is
to be arrested is a prisoner who has escaped necessitated and justified by compelling
from a penal establishment or place where he is considerations of urgency, subject, time, and place.
serving final judgment or temporarily confined
while his case is pending, or has escaped while Q: Does the Constitution limit only to judges the
being transferred from one confinement to authority to issue warrants of arrests?
another. (Sec. 5, Rule 113, Rules of Court)
A: No. The Commissioner of Immigration is also given,
4. Waiver When the right is waived by the person by legislative delegation, the power to issue warrants
arrested, provided he knew of such right and of arrests.
knowingly decided not to invoke it.
Note: Section 1 (3), Article III of the Constitution does not
Q: Is an application for bail considered as a waiver require judicial intervention in the execution of a final order
of the right to question an invalid arrest? of deportation issued in accordance with law. The
constitutional limitation contemplates an order of arrest in
the exercise of judicial power as a step preliminary or
A: No. An application for or admission to bail shall not incidental to prosecution or proceedings for a given offense
bar the accused from challenging the validity of his or administrative action, not as a measure indispensable to
arrest or the legality of the warrant issued therefor, carry out a valid decision by a competent official, such as a
or from assailing the regularity or questioning the legal order of deportation, issued by the Commissioner of
absence of a preliminary investigation of the charge Immigration, in pursuance of a valid legislation. (Morano vs.
against him, provided that he raises them before Vivo, G.R. No. L-22196, June 30, 1967)
entering his plea (Sec. 26, Rule 114, Rules of Court).
Q: What is the nature of a search warrant
Note: The waiver is limited to invalid arrest and does not proceeding?
extend to illegal search.
A: It is neither a criminal action nor a commencement
Q: Are there any other instances where a peace of a prosecution. It is solely for the possession of
officer can validly conduct a warrantless arrest? personal property. (United Laboratories, Inc. v. Isip,
G.R. No. 163858, June 28, 2005)
A: Yes, in cases of continuing offenses. The crimes of
rebellion, subversion, conspiracy or proposal to

BILL OF RIGHTS
ADMINISTRATIVE ARREST assassination of public officials because of their

office, or who advises, advocates, or teaches the
Q: When is there an administrative arrest? unlawful destruction of property, or who is a
member of or affiliated with any organization
A: There is an administrative arrest as an incident to entertaining, advocating or teaching such
deportation proceedings. doctrines, or who in any manner whatsoever
lends assistance, financial or otherwise, to the
Q: Who are the persons that may be validly arrested dissemination of such doctrines;
in a deportation proceeding? 9. Any alien who commits any of the acts described
in sections forty-five of this Act, independent of
A: The following aliens shall be arrested upon the criminal action which may be brought against
warrant of the Commissioner of Immigration or of him: Provided, that in the case of alien who, for
any other officer designated by him for the purpose any reason, is convicted and sentenced to suffer
and deported upon the warrant of the Commissioner both imprisonment and deportation, said alien
of Immigration after a determination by the Board of shall first serve the entire period of his
Commissioners of the existence of the ground for imprisonment before he is actually deported:
deportation as charges against the alien. Provided, however, that the imprisonment may
1. Any alien who enters the Philippines after the be waived by the Commissioner of Immigration
effective date of this Act by means of false and with the consent of the Department Head, and
misleading statements or without inspection and upon payment by the alien concerned of such
admission by the immigration authorities at a amount as the Commissioner may fix and
designated port of entry or at any place other approved by the Department Head; [Paragraph
than at a designated port of entry; [As amended added pursuant to Republic Act No. 144, Sec. 3]
by Republic Act No. 503, Sec. 13] 10. Any alien who, at any time within five years after
2. Any alien who enters the Philippines after the entry, shall have been convicted of violating the
effective date of this Act, who was not lawfully provisions of the Philippine Commonwealth Act
admissible at the time of entry; Numbered Six hundred and fifty-three, otherwise
3. Any alien who, after the effective date of this known as the Philippine Alien Registration Act of
Act, is convicted in the Philippines and sentences 1941**(now Alien Registration Act of 1950,
for a term of one year or more for a crime Republic Act No. 562, as amended) or who, at
involving moral turpitude committed within five any time after entry, shall have been convicted
years after his entry to the Philippines, or who, at more than once of violating the provisions of the
any time after such entry, is so convicted and same Act; [Added pursuant to Republic Act No.
sentenced more than once; 503, Sec. 13]
4. Any alien who is convicted and sentenced for a 11. Any alien who engages in profiteering, hoarding,
violation of the law governing prohibited drugs; or black-marketing, independent of any criminal
[As amended by Republic Act No. 503, Sec. 13] action which may be brought against him;
[Added pursuant to Republic Act No. 503, Sec.
5. Any alien who practices prostitution or is an
13]
inmate of a house of prostitution or is connected
with the management of a house of prostitution, 12. Any alien who is convicted of any offense
or is a procurer; penalized under Commonwealth Act Numbered
Four hundred and seventy-three, otherwise
6. Any alien who becomes a public charge within
known as the Revised Naturalization Laws of the
five years after entry from causes not
Philippines, or any law relating to acquisition of
affirmatively shown to have arisen subsequent to
Philippine citizenship; [Added pursuant to
entry;
Republic Act No. 503, Sec. 13]
7. Any alien who remains in the Philippines in
13. Any alien who defrauds his creditor by
violation of any limitation or condition under
absconding or alienating properties to prevent
which he was admitted as a non-immigrant;
them from being attached or executed. [Added
8. Any alien who believes in, advises, advocates or pursuant to Republic Act No. 503, Sec. 13]
teaches the overthrow by force and violence of (Philippine Immigration Act of 1940)
the Government of the Philippines, or of
constituted law and authority or who disbelieves
in or is opposed to organized government, or
who advises, advocates or teaches the assault or

DRUG, ALCOHOL, AND BLOOD TESTS violates the rights to privacy and against self-
incrimination of an accused. Decide.
Q: Is a law requiring mandatory drug testing for
students of secondary and tertiary schools A: The Court finds the situation entirely different in
unconstitutional? the case of persons charged before the public
prosecutors office with criminal offenses punishable
A: No. It is within the prerogative of educational with imprisonment. The operative concepts in the
institutions to require, as a condition for admission, mandatory drug testing are randomness and
compliance with reasonable school rules and suspicionless. In the case of persons charged with a
regulations and policies. To be sure, the right to crime before the prosecutors office, a mandatory
enroll is not absolute; it is subject to fair, reasonable, drug testing can never be random or suspicionless.
and equitable requirements. In sum: The ideas of randomness and being suspicionless are
1. Schools and their administrators stand in antithetical to their being made defendants in a
loco parentis with respect to their students; criminal complaint. They are not randomly picked;
2. Minor students have contextually fewer neither are they beyond suspicion. When persons
rights than an adult, and are subject to the suspected of committing a crime are charged, they
custody and supervision of their parents, are singled out and are impleaded against their will.
guardians, and schools; The persons thus charged, by the bare fact of being
3. Schools acting in loco parentis, have a duty hauled before the prosecutors office and peaceably
to safeguard the health and well-being of submitting themselves to drug testing, if that be the
their students and may adopt such measures case, do not necessarily consent to the procedure, let
as may reasonably be necessary to discharge alone waive their right to privacy. To impose
such duty; and mandatory drug testing on the accused is a blatant
4. Schools have the right to impose conditions attempt to harness a medical test as a tool for
on applicants for admission that are fair, just criminal prosecution, contrary to the stated
and non-discriminatory. (SJS v. DDB, G.R. No. objectives of R.A. 9165. Drug testing in this case
157870, Nov. 3, 2008) would violate a persons right to privacy guaranteed
under Sec. 2, Art. III of the Constitution. Worse still,
Q: Is a law requiring mandatory drug testing for the accused persons are veritably forced to
officers and employees of public and private offices incriminate themselves. (SJS v. DDB, G.R. No. 157870,
unconstitutional? Nov. 3, 2008)
A: No. As the warrantless clause of Sec. 2, Art. III of RIGHT TO PRIVACY IN COMMUNICATION AND
the Constitution is couched and as has been held, CORRESPONDENCE
reasonableness is the touchstone of the validity of
a government search or intrusion. And whether a PRIVATE AND PUBLIC COMMUNICATIONS
search at issue hews to the reasonableness standard
is judged by the balancing of the government- Q: The general rule is that the right to privacy of
mandated intrusion on the individuals privacy communication and correspondence is inviolable.
interest against the promotion of some compelling What are the exceptions?
state interest. In the criminal context, reasonableness
requires showing probable cause to be personally A:
determined by a judge. Given that the drug-testing 1. By lawful order of the court;
policy for employeesand students for that matter 2. Public safety or public order as prescribed by
under R.A. 9165 is in the nature of administrative law
search needing what was referred to in Veronia case
as swift and informal procedures, the probable Note: Any evidence in violation of this or the
cause standard is not required or even practicable. preceding section shall be inadmissible for any
(SJS v. DDB and PDEA, G.R. No. 157870, Nov. 3, 2008) purpose in any proceedings.
Q: R.A. 9165 requires mandatory drug testing for INTRUSION, WHEN ALLOWED
persons charged before the prosecutors office with
criminal offenses punishable with 6 years and 1 day Q: Is a regulation mandating the opening of mail or
imprisonment. Petitioner SJS questions the correspondence of detainees violative of the
constitutionality of the law on the ground that it constitutional right to privacy?

BILL OF RIGHTS
A: No. There is no longer a distinction between an 5. Rebellion (conspiracy and proposal and
inmate and a detainee with regard to the reasonable inciting to commit included)
expectation of privacy inside his cell. The curtailment 6. Sedition (conspiracy, inciting included)
of certain rights is necessary to accommodate 7. Kidnapping
institutional needs and objectives of prison facilities, 8. Violations of C.A. No. 616 (punishing
primarily internal security. As long as the letters are espionage and other offenses against
not confidential communication between the national security)
detainee and his lawyer the detention officials may
read them. But if the letters are marked confidential Q: Is the use of telephone extension a violation of
communication between detainee and lawyer the R.A. 4200 (Anti-Wire Tapping Law)?
officer must not read them but only inspect them in
the presence of detainees. A law is not needed before A: No. The use of a telephone extension to overhear a
an executive officer may intrude into the rights of private conversation is neither among those devices,
privacy of a detainee or a prisoner. By the very fact of nor considered as a similar device, prohibited under
their detention, they have diminished expectations of the law. (Gaanan v. IAC, G.R. No.L-69809 Oct. 16,
privacy rights. (Alejano vs. Cabuay, G.R. No. 160792,Aug. 1986)
25, 2005)
Note: Anti-Wiretapping Act only protects letters, messages,
Q: What does the anti-wiretapping act (RA 4200) telephone calls, telegrams and the like.
prohibit?
The law does not distinguish between a party to the private
communication or a third person. Hence, both a party and a
A: It prohibits any person, not being authorized by all
third person could be held liable under R.A. 4200 if they
the parties to any private communication or spoken commit any of the prohibited acts under R.A. 4200.
word, to tap any wire or cable, or by using any other (Ramirez v. CA, G.R. No. 93833 Sept. 28, 1995)
device or arrangement, to secretly overhear,
intercept, or record such communication or spoken Q: Is the tape recording of a telephone conversation
word by using a device commonly known as a containing a persons admission admissible in
dictaphone or dictagraph or dictaphone or walkie- evidence? Why?
talkie or tape recorder, or however otherwise
described: A: No. The tape-recorded conversation is not
admissible in evidence. R.A. 4200 makes the tape-
It also prohibits any person, be he a participant or not recording of a telephone conversation done without
in the act or acts penalized in the next preceding the authorization of all the parties to the
sentence, to knowingly possess any tape record, wire conversation inadmissible in evidence. In addition,
record, disc record, or any other such record, or the taping of the conversation violated the guarantee
copies thereof, of any communication or spoken of privacy of communications enunciated in Section
word secured either before or after the effective date 3, Article III of the Constitution.(Salcedo-Ortanez v.
of this Act in the manner prohibited by this law; or to CA, G.R. No. 110662, Aug. 4, 1994)
replay the same for any other person or persons; or
to communicate the contents thereof, either verbally Q: Are letters of a husbands paramour kept inside
or in writing, or to furnish transcriptions thereof, the husbands drawer, presented by the wife in the
whether complete or partial, to any other person: proceeding for legal separation, admissible in
Provided, That the use of such record or any copies evidence?
thereof as evidence in any civil, criminal investigation
or trial of offenses mentioned in section 3 hereof, A: No, because marriage does not divest one of
shall not be covered by this prohibition. his/her right to privacy of communication. (Zulueta v.
CA, G.R. No. 107383, Feb. 20, 1996)
Under Section 3 of RA 4200, a peace officer, who is
authorized by a written order of the Court, may Q: What does the exclusionary rule state?
execute any of the acts declared to be unlawful in the
said law in cases involving the crimes of: A: Any evidence obtained in violation of the
1. Treason Constitution shall be inadmissible for any purpose in
2. Espionage any proceeding. However, in the absence of
3. Provoking war and disloyalty in case of war governmental interference, the protection against
4. Piracy and mutiny in the high seas unreasonable search and seizure cannot be extended

to acts committed by private individuals. (People v. FREEDOM OF EXPRESSION

Marti, G.R. No. 78109. Jan. 18,1991)
Q: What is the concept of freedom of expression?
WRIT OF HABEAS DATA
A: No law shall be passed abridging the freedom of
Q: What is the writ of habeas data? speech, of expression, or of the press, or of the right
of the people peaceably to assemble and petition the
A: It is a remedy available to any person whose right government for redress of grievances.
to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public Q: What is the scope of protected freedom of
official or employee, or of a private individual or expression under the Constitution?
entity engaged in the gathering, collecting or storing
of data or information regarding the person, family, A:
home and correspondence of the aggrieved 1. Freedom of speech
party.(Sec. 1, The Rule on the Writ of Habeas Data, A. 2. Freedom of the press
M. No. 08-1-16-SC, Jan. 22, 2008) 3. Right of assembly and to petition the
government for redress of grievances
Q: What are the reliefs that may be obtained in the 4. Right to form associations or societies not
petition for issuance of writ of habeas data? contrary to law
5. Freedom of religion
A: The reliefs may include the updating, rectification, 6. Right to access to information on matters of
suppression or destruction of the database or public concern.
information or files kept by the respondent and in
case of threats of the unlawful act, the relief may Q: What are considered protected speech?
include a prayer for an order enjoining the act
complained of. A general prayer for other reliefs that A: Protected speech includes every form of
are just and equitable under the circumstances is also expression, whether oral, written, tape or disc
allowed. recorded. It includes motion pictures as well as what
is known as symbolic speech such as the wearing of
Q: May a writ of habeas data be issued to protect an armband as a symbol of protest. Peaceful
purely property or commercial concerns? picketing has also been included within the meaning
of speech.
A: No. It bears reiteration that like the writ of
amparo, habeas data was conceived as a response, Q: Does a violation of any law justify the
given the lack of effective and available remedies, to suppression of exercise of freedom of speech and of
address the extraordinary rise in the number of the press?
killings and enforced disappearances. Its intent is to
address violations of or threats to the rights to life, A: Not every violation of a law will justify
liberty or security as a remedy independently from straitjacketing the exercise of freedom of speech and
those provided under prevailing rules. Writs of of the press. There are laws of great significance but
amparo and habeas data will not issue to protect their violation, by itself and without more, cannot
purely property or commercial concerns nor when support suppression of free speech and free press.
the grounds invoked in support of the petitions The totality of the injurious effects of the violation to
therefore are vague or doubtful. Employment private and public interest must be calibrated in light
constitutes a property right under the context of the of the preferred status accorded by the Constitution
due process clause of the constitution. It is evident and by related international covenants protecting
that respondents reservations on the real reasons for freedom of speech and of the press. The need to
her transfer-a legitimate concern respecting the prevent the violation of a law cannot per se trump
terms and conditions of ones employment- are what the exercise of free speech and free press, a
prompted her to adopt the extraordinary remedy of preferred right whose breach can lead to greater
habeas data. (Manila Electric Company vs. Lim, GR. evils. (Francisco Chavez v. Raul M. Gonzales, G.R. No.
No. 184769, Oct. 5, 2010) 168338, Feb. 15, 2008)
Q. What is the concept behind the provision?

BILL OF RIGHTS
A. Consistent with its intended role in society, it censorship. Other ways include requiring a
means that the people are kept from any undue permit or license for the distribution of media
interference from the government in their thoughts and penalizing dissemination of copies made
and words. The guarantee basically flows from the without it, and requiring the payment of a fee ot
philosophy that the authorities do not necessarily tax, imposed either on the publisher or on the
know what is best for the people. (R.B. Gorospe, distributor, with the intent to limit or restrict
Constitutional Law: Notes And Readings On The Bill Of circulation. These mode of interfering with the
Rights, Citizenship And Suffrage, 2004) freedom to circulate have been constantly
stricken down as unreasonable limitations on
Q: What are the limitations of freedom of press freedom (Chavez v. Gonzales G.R. No.
expression? 168338, Feb. 15, 2008).
A: It should be exercised within the bounds of laws Note: There need not be total suppression; even restriction
enacted for the promotion of social interests and the of circulation constitutes censorship.
protection of other equally important individual
rights such as: Q: Can the live TV coverage of a trial pursuant to the
1. Laws against obscenity, libel and slander right of the public to information and the free press
(contrary to public policy) be prohibited?
2. Right to privacy of an individual
3. Right of state/government to be protected A: Yes. Live TV coverage may be prohibited since the
from seditious attacks right of the accused must prevail over the right of the
4. Legislative immunities public to information and freedom of the press.(Re:
5. Fraudulent matters Request for Radio-TV Coverage of the Trial in the
6. Advocacy of imminent lawless conducts Sandiganbayan of the Plunder Cases Against the
7. Fighting words Former President Joseph E. Estrada, A.M. No. 01-4-03-
8. Guarantee implies only the right to reach a SC, June 29, 2001)
willing audience but not the right to compel
others to listen, see or read Q: Is the right of the accused to a fair trial
incompatible to free press?
Q: What are the four aspects of freedom of speech
and press? A: No. Respecting the possible influence of media
coverage on the impartiality of trial court judges, the
A: prejudicial publicity insofar as it undermines the right
1. Freedom from censorship or prior restraint see to a fair trial must pass the totality of circumstances
discussion on prior restraint. test, as applied in People v. Teehankee, Jr. (2011) and
2. Freedom from subsequent punishment to Estrada v. Desierto (2011), that the right of an
publication see discussion on subsequent accused to a fair trial is not incompatible to a free
punishment. press, that pervasive publicity is not per se prejudicial
3. Freedom of access to information regarding to the right of an accused to a fair trial, and that there
matters of public interest official papers, must be allegation and proof of the impaired capacity
reports and documents, unless held confidential of a judge to render a bias-free decision. Mere fear
and secret by competent authority in the public of possible undue influence is not tantamount to
interest, are public records. As such, they are actual prejudice resulting in the deprivation of the
open and subject to regulation, to the scrutiny of right to a fair trial.(In Re: Petition for Radio and
the inquiring reporter or editor. Information Television Coverage of the Multiple Murder Cases
obtained confidentially may be printed without against Maguindanao Governor Zaldy Ampatuan, et
specification of the source; and that source is al., A.M. No. 10-11-5-SC, June 14, 2011)
closed to official inquiry, unless the revelation is
deemed by the courts, or by a House or PRIOR RESTRAINT (CENSORSHIP)
committee of the Congress, to be vital to the
security of the State. Q: What is the first prohibition of the free speech
4. Freedom of circulation refers to the and press clause?
unhampered distribution of newspapers and
other media among customers and among the A: It is the prohibition of prior restraint. Prior
general public. It may be interfered with in Restraint means official government restrictions on
several ways. The most important of these is the press or other forms of expression in advance of
actual publication or dissemination. (Bernas, The

1987 Philippine Constitution A Comprehensive Q. Is freedom from subsequent punishment

Reviewer, 2006) absolute?
Note: Freedom from prior restraint is largely freedom from A: No, it may be properly regulated in the interest of
government censorship of publications, whatever the form the public. The State may validly impose penal and/or
of censorship, and regardless of whether it is wielded by administrative sanctions such as in the following:
the executive, legislative or judicial branch of the
government. Thus, it precludes governmental acts that 1. Libel a public and malicious imputation of a
required approval of a proposal to publish; licensing or crime, vice or defect, real or imaginary or any act
permits as prerequisites to publication including the omission, status tending to cause dishonor,
payment of license taxes for the privilege to publish; and discredit or contempt of a natural or judicial
even injunctions against publication. Even the closure of person, or blacken the memory of one who is
the business and printing offices of certain newspapers, dead (Art 353, Revised Penal Code)
resulting in the discontinuation of their printing and 2. Obscenity in Pita v Court of Appeals, the
publication, are deemed as previous restraint or
Supreme Court declared that the determination
censorship. Any law or official that requires some form of
permission to be had before publication can be made,
of what is obscene is a judicial function.
commits an infringement of the constitutional right, and 3. Criticism of Official Conduct In New York Times
remedy can be had at the courts (Chavez v. Gonzales, G.R. v. Sullivan, 376 US 254 (1964), the constitutional
No. 168338, Feb. 15, 2008). guarantee requires a federal rule that prohibits a
public official from recovering damages for a
Q: Is the prohibition of prior restraint absolute? defamatory falsehood relating to his official
conduct unless he proves that the statement was
A: No. There are exceptions to the rule. In Chavez v. made with actual malice.
Gonzales G.R. No. 168338, Feb. 15, 2008), Justice 4. Rights of students to free speech in school
Carpio in his concurring opinion named four premises not absolute the school cannot
exceptions: suspend or expel a student solely on the basis of
1. Pornography the articles he has written except when such
2. False or Misleading Advertisement article materially disrupts class work or involves
3. Advocacy of Imminent Lawless Actions substantial disorder or invasion of rights of
4. Danger to National Security others.(Miriam College Foundation v. CA, GR
127930, Dec. 15, 2000)
Near v. Minnesota, 283 US 697 (1931) adds the
following to the enumeration: Q: Discuss the Doctrine of Fair Comment.
1. When a nation is at war, many things that
might be said in time of peace are such a A: The doctrine provides that while as a general rule,
hindrance to its effort that their utterance every discreditable public imputation is false because
will not be endured so long as men fight and every man is presumed innocent, thus every false
that no court could regard them as imputation is deemed malicious, as an exception,
protected by any constitutional right. when the discreditable imputation is directed against
2. The primary requirements of decency may a public person in his public capacity, such is not
be enforced against obscene publications. necessarily actionable. For it to be actionable, it must
3. The security of community life may be be shown that either there is a false allegation of fact
protected against incitements to acts of or comment based on a false supposition. However, if
violence and the overthrow by force of the comment is an expression of opinion, based on
orderly government. established facts; it is immaterial whether the opinion
happens to be mistaken, as long as it might
SUBSEQUENT PUNISHMENT reasonably be inferred from facts. (Borjal v. CA, G.R.
No. 126466, Jan. 14, 1999)
Q. What is the second basic prohibition of the free
speech and press clause? Q: A national daily newspaper carried an exclusive
report stating that Senator Ryan Cristopher received
A: The free speech and press clause also prohibits a house and lot located at YY Street, Makati, in
systems of subsequent punishment which have the consideration for his vote to cutcigarette taxes by
effect of unduly curtailing expression. (Bernas, The 50%. The Senator sued the newspaper, its reporter,
1987 Philippine Constitution A Comprehensive editor and publisher for libel, claiming the report
Reviewer, 2006, p.64) was completely false and malicious. According to
the Senator, there is no YY Street in Makati, and the

BILL OF RIGHTS
tax cut was only 20%. He claimed one million pesos these freedoms are not absolute. For, if left
in damages. The defendants denied "actual malice," unbridled, they have the tendency to be abused and
claiming privileged communication and absolute can translate to licenses, which could lead to disorder
freedom of the press to report on public officials and and anarchy. Bernadette crossed the line, as hers are
matters of public concern. If there was any error, baseless scurrilous attacks which demonstrate
the newspaper said it would publish the correction nothing but an abuse of press freedom. They leave
promptly. Is there "actual malice" in the no redeeming value in furtherance of freedom of the
newspapers reportage? How is "actual malice" press. They do nothing but damage the integrity of
defined? Are the defendants liable for damages? the High Court, undermine the faith and confidence
of the people in the judiciary, and threaten the
A: Since Senator Ryan Cristopher is a public person doctrine of judicial independence. (In Re: Allegations
and the questioned imputation is directed against Contained in the Columns of Mr. Amado P. Macasaet,
him in his public capacity, in this case actual malice A.M. No. 07-09-13-SC, Aug. 8, 2008)
means the statement was made with knowledge that
it was false or with reckless disregard of whether it CONTENT-BASED &
was false or not. Since there is no proof that the CONTENT-NEUTRAL REGULATION
report was published with knowledge that it is false
or with reckless disregard of whether it was false or Q: Distinguish content-neutral regulation from
not, the defendants are not liable for damage. (Borjal content-based restraint or censorship.
v. CA, G.R. No. 126466, Jan. 14, 1999)
A:
Q: Is the Borjal doctrine applicable in a case where CONTENT-NEUTRAL CONTENT-BASED
the allegations against a public official were false REGULATION RESTRAINT
and that the journalist did not exert effort to verify Merely concerned with The restriction is based on
the information before publishing his articles? the incidents of the the subject matter of the
speech, or one that utterance or speech. The
A: No. Borjal may have expanded the protection of merely controls the cast of the restriction
qualified privileged communication beyond the time, place or manner, determines the test by
instances given in Art. 354 of the RPC, but this and under well defined which the challenged act is
expansion does not cover such a case. The expansion standards. assayed with.
speaks of "fair commentaries on matters of public
interest." While Borjal places fair commentaries No presumption of There is presumption of
within the scope of qualified privileged unconstitutionality unconstitutionality
communication, the mere fact that the subject of the
Note: The burden of proof to
article is a public figure or a matter of public interest
overcome the presumption of
does not automatically exclude the author from unconstitutionality is with the
liability. His articles cannot even be considered as government.
qualified privileged communication under the second Test to be used: Test to be used: Clear and
paragraph of Art. 354 of the RPC which exempts from Intermediate Approach Present Danger Test
the presumption of malice a fair and true report. Test
Good faith is lacking. (Tulfo v. People, G.R. No.
161032, Sept. 16, 2008) Q: What is the Intermediate Approach Test?
Q: Bernadette Faustine penned several articles in A: When the speech restraints take the form of a
Malaya newspaper regarding alleged bribery content-neutral regulation, only a substantial
incidents in the Supreme Court and characterizing governmental interest is required for its validity.
the justices as thieves and a basket of rotten Because regulations of this type are not designed to
apples. The Court En Banc required Bernadette to suppress any particular message, they are not subject
explain why no sanction should be imposed on her to the strictest form of judicial scrutiny but an
for indirect contempt of court. Is the freedom of the intermediate approachsomewhere between the
press violated by judicial independence and mere rationality that is required of any other law and
maintaining the dignity of the judiciary? Decide. the compelling interest standard applied to content-
based restrictions. The test is called intermediate
A: No. While freedom of speech, of expression and of because the Court will not merely rubberstamp the
the press are at the core of civil liberties and have to validity of a law but also require that the restrictions
be protected at all costs for the sake of democracy, be narrowly-tailored to promote an important or

significant governmental interest that is unrelated to wants to prevent is the airing of a tape recording in
the suppression of expression (Chavez v. Gonzales, alleged violation of the anti-wiretapping law.
G.R. No. 168338, Feb. 15, 2008).
The evidence falls short of satisfying the clear and
Q: What is the Clear and Present Danger Test? present danger test. Firstly, the various statements
of the Press Secretary obfuscate the identity of the
A: The government must also show the type of harm voices in the tape recording. Secondly, the integrity of
the speech sought to be restrained would bring the taped conversation is also suspect. The Press
about especially the gravity and the imminence of Secretary showed to the public two versions, one
the threatened harm otherwise the prior restraint supposed to be a complete version and the other,
will be invalid. Prior restraint on speech based on its an altered version. Thirdly, the evidence on the
content cannot be justified by hypothetical fears, whos and the hows of the wiretapping act is
but only by showing a substantive and imminent evil ambivalent, especially considering the tapes
that has taken the life of a reality already on ground. different versions. The identity of the wire-tappers,
As formulated, the question in every case is whether the manner of its commission and other related and
the words used are used in such circumstances and relevant proofs are some of the invisibles of this
are of such a nature as to create a clear and case. Fourthly, given all these unsettled facets of the
present danger that they will bring about the tape, it is even arguable whether its airing would
substantive evils that Congress has a right to prevent. violate the anti-wiretapping law. There is no showing
It is a question of proximity and degree. The that the feared violation of the anti-wiretapping law
regulation which restricts the speech content must clearly endangers the national security of the State.
also serve an important or substantial government (Chavez v. Gonzales, G.R. No. 168338, Feb. 15, 2008)
interest, which is unrelated to the suppression of free
expression (Chavez v. Gonzales, G.R. No. 168338, Feb. FACIAL CHALLENGES AND
15, 2008). OVERBREADTH DOCTRINE
Q: The NTC issued a warning that that the Q: What is a Facial Challenge?
continuous airing or broadcast by radio and
television stations of the an alleged wiretapped A. A facial challenge is a challenge to a statute in
conversation involving the President allegedly fixing court, in which the plaintiff alleges that the legislation
votes in the 2004 national elections is a continuing is always, and under all circumstances,
violation of the Anti-Wiretapping Law and shall be unconstitutional, and therefore void.
just cause for the suspension, revocation and/or
cancellation of the licenses or authorizations issued Note: Facial challenge to a statute is allowed only when it
to the said companies. Were the rights to freedom operates in the area of freedom of expression. Invalidation
of expression and of the press, and the right of the of the statute on its face, rather than as applied, is
people to information on matters of public concern permitted in the interest of preventing a chilling effect on
violated? freedom of expression.(Separate opinion of Justice
Mendoza in Cruz v. Secretary of Environment and Natural
Resources, GR. 135385, Dec. 6, 2000)
A: Yes, said rights were violated applying the clear
and present danger test. The challenged acts need to
Q: How is "facial" challenge different from "as-
be subjected to the clear and present danger rule, as
applied" challenge?
they are content-based restrictions. The acts of NTC
and the DOJ Sec. focused solely on but one objecta
A: Distinguished from an as-applied challenge which
specific content fixed as these were on the alleged
considers only extant facts affecting real litigants,
taped conversations between the President and a
a facial invalidation is an examination of the entire
COMELEC official. Undoubtedly these did not merely
law, pinpointing its flaws and defects, not only on the
provide regulations as to the time, place or manner of
basis of its actual operation to the parties, but also on
the dissemination of speech or expression.
the assumption or prediction that its very existence
may cause others not before the court to refrain from
A governmental action that restricts freedom of
constitutionally protected speech or
speech or of the press based on content is given
activities.(Southern Hemisphere Engagement
the strictest scrutiny, with the government having
Network, Inc. v. Anti-Terrorism Council, G.R. No.
the burden of overcoming the presumed
178552, Oct. 5, 2010)
unconstitutionality by the clear and present danger
rule. It appears that the great evil which government
Q: Are facial challenges allowed in penal statutes?

BILL OF RIGHTS
A: No. Criminal statutes have general in Network, Inc. v. Anti-Terrorism Council, G.R. No. 178552,
terrorem effect resulting from their very existence, Oct. 5, 2010)
and, if facial challenge is allowed for this reason
alone, the State may well be prevented from enacting TESTS
laws against socially harmful conduct. In the area of
criminal law, the law cannot take chances as in the Q: What are the tests for valid governmental
area of free speech.(KMU v. Ermita, G.R. No. 17855, interference to freedom of expression?
Oct. 5, 2010
A:
Note: A litigant cannot thus successfully mount a facial 1. Clear and Present Danger test
challenge against a criminal statute on either vagueness or
overbreadth grounds. Question: Whether the words are used in such
circumstances and are of such a nature as to create a
The rule established in our jurisdiction is, only statutes on clear and present danger that they will bring about
free speech, religious freedom, and other fundamental
the substantive evils that Congress has a right to
rights may be facially challenged. (Southern Hemisphere
Engagement Network, Inc. v. Anti-Terrorism Council, G.R. prevent. It is a question of proximity and degree
No. 178552, Oct. 5, 2010) (Schenck v. US, 249 US 47, 1919)
Q: What is the Overbreadth Doctrine? Emphasis: The danger created must not only be clear
and present but also traceable to the ideas
A: The overbreadth doctrine permits a party to expressed. (Gonzales v. COMELEC, G.R. No. L-27833,
challenge the validity of a statute even though as April 18, 1969)
applied to him it is not unconstitutional but it might
be if applied to others not before the Court whose Note: This test has been adopted by our SC, and is most
applied to cases involving freedom of expression.
activities are constitutionally protected. (Separate
opinion of Justice Mendoza in Cruz v. Secretary of
2. Dangerous Tendency test
Environment and Natural Resources, GR. 135385, Dec.
6, 2000) It is a type of facial challenge that prohibits
Question: Whether the speech restrained has a
the government from achieving its purpose by means
rational tendency to create the danger apprehended,
that sweep unnecessarily broadly, reaching
be it far or remote, thus government restriction
constitutionally protected as well as unprotected
would then be allowed. It is not necessary though
activity.
that evil is actually created for mere tendency
Note: The application of the overbreadth doctrine is limited towards the evil is enough.
to a facial kind of challenge
Emphasis: Nature of the circumstances under which
The most distinctive feature of the overbreadth technique the speech is uttered, though the speech per se may
is that it marks an exception to some of the usual rules of not be dangerous.
constitutional litigation. Ordinarily, a particular litigant
claims that a statute is unconstitutional as applied to him or 3. Grave-but-Improbable Danger test
her; if the litigant prevails, the courts carve away the
unconstitutional aspects of the law by invalidating its
Question: Whether the gravity of the evil, discounted
improper applications on a case to case basis. Moreover,
challengers to a law are not permitted to raise the rights of by its improbability, justifies such an invasion of free
the third parties and can only assert their own interests. In speech as is necessary to avoid the danger (Dennis v.
overbreadth analysis, those rules give way; challenges are US, 341 US 494, 1951)
permitted to raise the rights of third parties; and the court
invalidates the entire statute on its face, not merely as Note: This test was meant to supplant the clear and present
applied for so that the overbroad law becomes danger test.
unenforceable until a properly authorized court construes it
more narrowly. The factor that motivates court to depart 4. Balancing of interest test
from the normal adjudicatory rules is the concern with the
chilling, deterrent effect of the overbroad statute on third Question: which of the two conflicting interests (not
parties not courageous enough to bring suit.The Court
involving national security crimes) demands the
assumes that an overbroad laws very existence may cause
others not before the court to refrain from constitutionally greater protection under the particular circumstances
protected speech or expression. An overbreadth ruling is presented:
designed to remove that deterrent effect on the speech of a. When particular conduct is regulated in the
those third parties. .(Southern Hemisphere Engagement interest of public order

b. And the regulation results in an indirect, in everyday use. As such, the welfare of children and
conditional and partial abridgement of speech the States mandate to protect and care for them,
(Gonzales v. COMELEC, G.R. No. L-27833, Apr. 18, as parens patriae, constitute a substantial and
1969). compelling government interest in regulating
Sorianos utterances in TV broadcast.
5. OBrien test
Q: COMELEC promulgated Resolution No. 2772
Question: in situations when speech and non- stating that the Commission shall have free print
speech elements are combined in the same course space in at least one newspaper as COMELEC
of conduct, whether there is a sufficiently important Space. This ad space will be used by candidates for
governmental interest that warrants regulating the their campaign or platforms of government, and for
non-speech element, incidentally limiting the the Commissions dissemination of vital
speech element. information. Moreover, COMELEC released a letter-
directive ordering the different newspapers to
Note: A government regulation is valid if: comply with the said resolution. The petitioner
a. It is within the constitutional power of the contended that COMELEC violated the prohibition
government;
imposed by the Constitution against the taking of
b. In furtherance of an important or substantial
governmental interest; properties without just compensation. On the other
c. Governmental interest is unrelated to the hand, COMELEC asserts their directive is not
suppression of free expression; and mandatory and compelling and that they only asked
d. The incidental restriction on the freedom is for a donation. Moreover, they aver that even if the
essential to the furtherance of that interest. order is mandatory, it would still be valid through
(US v. OBrien, 391 US 367, 1968; SWS v. the use of police power. Is COMELECs action
COMELEC, G.R. 147571, May 5, 2001) constitutional through the exercise of police power?
6. Direct Incitement test A: No. To compel print media companies to donate

"Comelec-space, amounts to "taking" of private
Question: What words did a person utter and what is personal property for public use or purposes. The
the likely result of such utterance taking of private property for public use is, of course,
authorized by the Constitution, but not without
Emphasis: The very words uttered, and their ability to payment of "just compensation. And apparently the
directly incite or produce imminent lawless action. necessity of paying compensation for "Comelec
space" is precisely what is sought to be avoided by
Note: It criticizes the clear and present danger test for the Commission. As such, it does not constitute a
being too dependent on the specific circumstances of each
valid exercise of the power of eminent domain.
case.
Also, the resolution is a blunt and heavy instrument

STATE REGULATION OF DIFFERENT
that purports, without a showing of existence of a
TYPES OF MASS MEDIA
national emergency or other imperious public
necessity, indiscriminately and without regard to the
Q: Can an offensive and obscene language uttered in
individual business condition of particular
a prime-time television broadcast which was easily
newspapers or magazines located in differing parts of
accessible to the children be reasonably curtailed
the country, to take private property of newspaper or
and validly restrained?
magazine publishers. No attempt was made to
demonstrate that a real and palpable or urgent
A: Yes. In Soriano v. MTRCB, G.R. No. 165636, Apr. 29,
necessity for the taking of print space confronted the
2009, the Court, applying the balancing of interest
Comelec and that the resolution was itself the only
doctrine, ruled that the governments interest to
reasonable and calibrated response to such necessity
protect and promote the interests and welfare of the
available to the Comelec. Thus, it does not constitute
children adequately buttresses the reasonable
a valid exercise of the police power of the State.
curtailment and valid restraint on petitioners prayer
(Philippine Press Institute, Inc. v. COMELEC, G.R. No.
to continue as program host of Ang Dating
L-119694, May 22, 1995)
Daan during the suspension period. Sorianos
offensive and obscene language uttered on prime-
Q: Petitioners challenge the validity of Sec. 92, B.P.
time television broadcast, without doubt, was easily
881 which provides: COMELEC Time The
accessible to the children. His statements could have
Commission shall procure radio and television time
exposed children to a language that is unacceptable

BILL OF RIGHTS
to be known as the COMELEC Time which shall be Constitution of the Republic of the Philippines
allocated equally and impartially among the Comprehensive Reviewer 2006)
candidates within the area of coverage of all radio
and television stations. For this purpose, the Q: What must be shown so that commercial speech
franchise of all radio broadcasting and television will be protected?
stations are hereby amended so as to provide radio
or television time, free of charge, during the period A: To enjoy protection, commercial speech:
of campaign. 1. Must not be false or misleading (Friedman v.
Rogers, 440 US 1, 1979)
Petitioner contends that while Section 90 of the 2. Should not propose an illegal
same law requires COMELEC to procure print space transaction(Pittsburgh Press Co. v Human
in newspapers and magazines with payment, Relations Commissions, 413 US 376, 1973)
Section 92 provides that air time shall be procured
by COMELEC free of charge. Thus, it contends that Note: However, even truthful and lawful commercial
Section 92 singles out radio and television stations speech maybe regulated if (1) government has a substantial
to provide free air time. Is Section 92 valid? interest to protect; (2) the regulation directly advances that
interest; and (3) it is not more than extensive than is
necessary to protect that interest. (Central Hudson Gas &
A: Yes. All broadcasting, whether by radio or by
Electric Corp v. Public Service Commission of NY, 447 US 557
television stations, is licensed by the government. (1980))
Airwave frequencies have to be allocated as there are
more individuals who want to broadcast than there PRIVATE V. GOVERNMENT SPEECH
are frequencies to assign. A franchise is thus a
privilege subject, among other things, to amended by Q: Differentiate Government Speech From Private
Congress in accordance with the constitutional Speech.
provision that "any such franchise or right granted . . .
shall be subject to amendment, alteration or repeal A:
by the Congress when the common good so
GOVERNMENT SPEECH PRIVATE SPEECH
requires."
The government may The right of a person to
advance its own speech freely speak ones mind
In truth, radio and television broadcasting companies,
without requiring is a highly valued
which are given franchises, do not own the airwaves
viewpoint neutrality freedom in a republican
and frequencies through which they transmit
when the government and democratic society.
broadcast signals and images. They are merely given
itself is the speaker. (Ashcroft v. Free Speech
the temporary privilege of using them. Since a
(doctrine was implied Coalition, 535 U.S. 234
franchise is a mere privilege, the exercise of the
in Wooley v. Maynard in (2002))
privilege may reasonably be burdened with the
1971)
performance by the grantee of some form of public
service.
HECKLERS VETO
In the granting of the privilege to operate broadcast
stations and thereafter supervising radio and Q: What is a Hecklers Veto?
television stations, the state spends considerable
public funds in licensing and supervising such A: A heckler's veto occurs when an acting party's right
stations. It would be strange if it cannot even require to freedom of speech is curtailed or restricted by the
the licensees to render public service by giving free government in order to prevent a reacting party's
air time. (Telecommunications and Broadcast behavior. The term Hecklers Veto was coined by
Attorneys of the Philippines, INC. vs. COMELEC, G.R. University of Chicago professor of law Harry Kalven.
No. 132922, April 21, 1998)
It may be in the guise of a permit requirement in the
COMMERCIAL SPEECH holding of rallies, parades, or demonstrations
conditioned on the payment of a fee computed on
Q: What is the meaning of commercial speech? the basis of the cost needed to keep order in view of
the expected opposition by persons holding contrary
A: It is communication which no more than proposes views. (Gorospe, 2006, citing Forsyth County v.
a commercial transaction. Advertisements of goods Nationalist Movement, 315 U.S. 568, 1942)
or of services is an example of this.(Bernas, the 1987

FREEDOM OF ASSEMBLY AND PETITION A:

1. Purpose Test looks into the purpose of the
Q: Is the right to assembly subject to prior restraint? assembly regardless of its backers. (De Jonge v.
Oregon, 299 US 353, 365, 1937)
A: No. It may not be conditioned upon the prior 2. Auspices Test looks into the
issuance of a permit or authorization from backers/supporters.
government authorities. However, the right must be
exercised in such a way as will not prejudice the Note: The ruling in Evangelista v. Earnshaw (G.R. No.
public welfare. 36453, Sept. 28, 1932) hasnot yet been abrogated where
the Mayor revoked permits he already granted because the
group, the Communist Party of the Philippines, was found
Q: What is the so-called permit system?
by the fiscal to be an illegal association. When the intention
and effect of the act is seditious, the constitutional
A: Under the permit system, before one can use a guaranties of freedom of speech and press and of assembly
public place, one must first obtain prior permit from and petition must yield to punitive measures designed to
the proper authorities. Such is valid if: maintain the prestige of constituted authority, the
1. It is concerned only with the time, place, and supremacy of the Constitution and the laws, and the
manner of assembly; and existence of the State.
2. It does not vest on the licensing authority
unfettered discretion in choosing the groups Q: Is the concept of people power recognized in the
which could use the public place and Constitution? Discuss briefly.
discriminate others.
A: Yes. The Constitution:
Note: Permits are not required for designated freedom 1. Guarantees the right of the people to peaceably
parks. assemble and petition the government for
redress of grievances (Sec. 4, Article III,).
Q: What are the rules on assembly in public places? 2. Requires Congress to pass a law allowing the
people to directly propose and enact laws
A: through initiative and to approve or reject any
1. The applicant should inform the licensing act or law or part of it passed by Congress or a
authority of the date, the public place where and local legislative body (Sec. 32, Article VI).
the time when the assembly will take place. 3. Provides that the right of the people and their
2. The application should be filed ahead of time to organizations to participate at all levels of social,
enable the public official concerned to apprise political, and economic decision-making shall not
whether there are valid objections to the grant of be abridged and that the State shall, by law,
the permit or to its grant, but in another public facilitate the establishment of adequate
place. The grant or refusal should be based on consultation mechanisms (Sec. 16, Article XIII).
the application of the Clear and Present Danger 4. Provides that subject to the enactment of an
Test. implementing law, the people may directly
3. If the public authority is of the view that there is propose amendments to the Constitution
an imminent and grave danger of a substantive through initiative (Sec. 2, Article XVII).
evil, the applicants must be heard on the matter.
4. The decision of the public authority, whether Q: Executive Secretary Pat Alampay issued a policy
favorable or adverse, must be transmitted to the via press release. The policy pertains to the strict
applicants at the earliest opportunity so that implementation of Batas Pambansa 880 also known
they may, if they so desire, have recourse to the as the Public Assembly Act of 1985. It provides for
proper judicial authority (Reyes vs. Bagatsing, the strict enforcement of no permit, no rally
G.R. No. L-65366, Nov. 9, 1983). policy, and arrest of all persons violating the laws
of the land, and dispersal of unlawful mass actions.
Q: What is the rule on assembly in private Is BP Blg. 880 unconstitutional on the ground that it
properties? violates the constitutionality guaranteed right to
peaceful assembly?
A: Only the consent of the owner of the property or
person entitled to possession thereof is required. A: No, BP 880 is constitutional. It does not curtail or
unduly restrict freedom. It merely regulates the use
Q: What are the two tests applicable to the exercise of public places as to the time, place and manner of
of the right to assembly? assemblies. Far from being insidious, maximum
tolerance is for the benefit of the rallyists, not the

BILL OF RIGHTS
government. The delegation to the mayors of the NON-ESTABLISHMENT CLAUSE

power to issue rally permits is valid because it is
subject to the constitutionally sound clear and Q: What is the basis of the non-establishment
present danger standard. (Bayan Karapatan vs. clause?
Eduardo Ermita, et al., G.R. No. 169838, April 25,
2006) A: Article III, Sec. 5- No law shall be made respecting
an establishment of religion, or prohibiting the free
Q: Is the Calibrated Preemptive Response (CPR) exercise thereof.
legal?
Q: What is the concept of the non- establishment
A: CPR Policy is illegal. In view of the maximum clause?
tolerance policy mandated by BP Blg. 880, CPR serves
no valid purpose if it means the same thing as A: It means that the state should adopt a position of
maximum tolerance, and is illegal if it means neutrality when it comes to religious matters.
something else. Accordingly, what is to be followed is (Political Law Reviewer, Suarez ,p. 252 citing CJ
and should be that mandated by law itself, namely, Fernando, 2011).
maximum tolerance, which specifically means the
highest degree of restraint that the military, police Q: What is the purpose of the non-establishment
and other peace keeping authorities shall observe clause?
during a public assembly or in dispersal of the same.
(Bayan Karapatan vs. Eduardo Ermita, et al., G.R. No. A: There is no unanimous interpretation of this clause
169838, April 25, 2006) as a political principle, but there seems to be a
substantial agreement that this protects voluntarism
Q. Mayor Jason Alquiroz modified the permit to and insulation of the political process from interfaith
rally of IBP outright without informing the dissension. (The 1987 Philippine Constitution A
applicants. Is it valid? Comprehensive Reviewer by Fr. Bernas, p. 83).
A: In modifying the permit outright, respondent Voluntarism as a value is both personal and social.
gravely abused his discretion when he did not As a personal value, it is nothing more than the
immediately inform the IBP who should have been inviolability of the human conscience which is also
heard first on the matter of perceived imminent and protected by the free exercise clause. As a social
grave danger of a substantive evil that may warrant value, protected by the non-establishment clause, it
the changing of the venue. Respondent failed to means that the growth of a religious sect as a social
indicate how he had arrived at modifying the terms of force must come from the voluntary support of its
the permit against the standard of clear and present members because of the belief that both spiritual and
danger which is an indispensable condition to such secular society will benefit if religions are allowed to
modification. (IBP v. Atienza GR No. 175241 February compete on ther own intrinsic merit without benefit
24, 2010) of official patronage. Such voluntarism cannot be
achieved unless the political process is insulated from
FREEDOM OF RELIGION religion and unless religion is insulated from politics.
Non establishment assures such insulation and
Q: What is religion? thereby prevents interfaith dissention. (Bernas, S.J.,
2011)
A: A profession of faith to an active power that binds
and elevates man to his creator. (Aglipay vs. Ruiz, GR. ACTS PERMITTED AND
No. L-45459, Mar. 13, 1937) NOT PERMITTED BY THE CLAUSE
Q: What are the two guarantees contained in Sec. 5 Q: What acts are not permitted under the non-
Article III of the 1987 Constitution? establishment clause?
A: A: The non-establishment clause states that the State

1. Non-establishment clause; cannot:
2. Free exercise clause, or the freedom of 1. Set up a church
religious profession and worship 2. Pass laws which aid one or all religions or prefer
one over another

3. Influence a person to go to or stay away from 2. Act on ones belief, which is subject to
church against his will regulation.
4. Force him to profess a belief or disbelief in any
religion Q: Give some exceptions to the non-establishment
clause as held by jurisprudence.
Q: How does one distinguish allowable from non-
allowable aid? A:
1. Tax exemption on property actually, directly and
A: To be allowable, government aid must: exclusively used for religious purposes;
a. Have a secular legislative purpose; 2. Religious instruction in public schools:
b. Have a primary effect that neither advances nor a. At the option of parents/guardians
inhibits religion; expressed in writing;
c. Not require excessive entanglement with b. Within the regular class hours by
recipient intitutions. (Bernas, S.J., 2011) instructors designated or approved by
religious authorities of the religion to
Q: What are the constitutional provisions which which the children belong;
express the non-establishment clause? c. Without additional costs to the
government;
A: 3. Financial support for priest, preacher, minister,
1. Art VI, Sec 29- no public money/property given to or dignitary assigned to the armed forces, penal
religious sect or minister/religious personnel institution or government orphanage or
(except for those assigned to army, penal leprosarium;
institution, government orphanage and 4. Government sponsorship of town fiestas, some
leprosarium) purely religious traditions have now been
2. Art II, Sec 6- Separation of church and state is considered as having acquired secular character;
inviolable and
3. Art IX(C), Sec 2 (5)- No religious sects can be 5. Postage stamps depicting Philippines as the
registered as political parties venue of a significant religious event benefit to
the religious sect involved was merely incidental
Q: What are the constitutionally created exceptions as the promotion of Philippines as a tourist
to the non-establishment clause? destination was the primary objective.
A: Q: What is the Lemon test?

1. Article 6, Section 29
2. Article 6, Section 28 (3) (exemption from taxation A: It is a test to determine whether an act of the
of properties actually, directly and exclusively government violates the non-establishment clause.
used for religious purposes To pass the Lemon test, a government act or policy
3. Article 14, Section 3 (3) (optional religious must:
instruction in public elementary and high 1. Have a secular purpose;
schools) 2. Not promote or favor any set of religious beliefs
4. Article 14, Section 4 (2) (citizenship requirement or religion generally; and
of ownership of educational institutions, except 3. Not get the government too closely involved
those established by religious groups and mission (entangled) with religion.
boards)
5. Article 6, Section 29 (2) (appropriation allowed Q: Angel, a court interpreter, is living with a man not
where ecclesiastic is employed in armed forces, her husband. Ben filed the charge against X as he
in a penal institution, or in a government-owned believes that she is committing an immoral act that
orphanage or leprosarium) tarnishes the image of the court, thus she should not
be allowed to remain employed therein as it might
FREE-EXERCISE CLAUSE appear that the court condones her act. Angel
admitted that she has been living with CA without
Q: What are the aspects of freedom of religious the benefit of marriage for twenty years and that
profession and worship? they have a son. But as a member of the religious
sect known as the Jehovahs Witnesses and the
A: These are the right to Watch Tower and Bible Tract Society, their conjugal
1. Believe, which is absolute; and arrangement is in conformity with their religious

BILL OF RIGHTS
beliefs. In fact, after ten years of living together, she which depend the existence and progress of human
executed on July 28, 1991 a Declaration of Pledging society" and not because the conduct is proscribed by
Faithfulness. Should Angels right to religious the beliefs of one religion or the other. (Estrada v.
freedom carve out an exception from the prevailing Escritor, A.M. No. P-02-1651, June 22, 2006)
jurisprudence on illicit relations for which
government employees are held administratively Q: The petitioners, led by Mylene, members of the
liable? Philippine Independent church, clamored for the
transfer of Fr. B to another parish but Bishop Kevin
A: Yes. Angels conjugal arrangement cannot be denied their request. The problem was compounded
penalized as she has made out a case for exemption when Bishop Kevin told Mylene not to push through
from the law based on her fundamental right to with his plan to organize an open mass to be
freedom of religion. The Court recognizes that State celebrated by Fr. Garry during the town fiesta of
interests must be upheld in order that freedoms Socorro. Bishop Kevin failed to stop Mylene from
including religious freedom may be enjoyed. In the proceeding with her plan. Mylene and her
area of religious exercise as a preferred freedom, sympathizers proceeded with their plan.
however, man stands accountable to an authority Subsequently, Bishop Kevin declared petitioners
higher than the State, and so the State interest expelled/excommunicated from the Philippine
sought to be upheld must be so compelling that its Independent Church. Petitioners filed a complaint
violation will erode the very fabric of the State that for damages with preliminary Injunction against
will also protect the freedom. In the absence of a Bishop Kevin. Is it within the jurisdiction of the
showing that such State interest exists, man must be courts to hear the case involving the
allowed to subscribe to the Infinite (Estrada v. expulsion/excommunication of members of a
Escritor, A.M. No. P-02-1651, June 22, 2006). religious institution?
Q: Ang Ladlad is an organization composed of men A: No. The church and the state are separate and
and women who identify themselves as lesbians, distinct from each other. Said matter involving the
gays, bisexuals, or trans-gendered individuals Expulsion/excommunication of members of the
(LGBTs). Ang Ladlad applied for registration with the Philippine Independent Church should be left to the
COMELEC. The COMELEC dismissed the petition on discretion of the officials of said religious institution
moral grounds, stating that definition of sexual in line with the doctrine that the court should not
orientation of the LGBT sector makes it crystal clear interfere on doctrinal and disciplinary differences.
that petitioner tolerates immorality which offends (Dominador Taruc, et al. vs. Bishop Perfirio Dela Cruz,
religious beliefs based on the Bible and the Koran. GR. No. 044801, Mar. 10, 2005)
Ang Ladlad argued that the denial of accreditation,
insofar as it justified the exclusion by using religious TESTS
dogma, violated the constitutional guarantees
against the establishment of religion. Is this CLEAR AND PRESENT DANGER TEST
argument correct?
Q: When can the clear and present danger test be
A: Yes. It was grave violation of the non- applied with regard to the Freedom of Religion?
establishment clause for the COMELEC to utilize the
Bible and the Koran to justify the exclusion of Ang A: When what is involved is religious speech as this is
Ladlad. Our Constitution provides in Article III, Section often used in cases of freedom of expression.
5 that no law shall be made respecting an
establishment of religion, or prohibiting the free COMPELLING STATE INTEREST TEST
exercise thereof. At bottom, what our non-
establishment clause calls for is government Q: What test is used in cases involving purely
neutrality in religious matters. Clearly, governmental conduct based on religious belief?
reliance on religious justification is inconsistent with
this policy of neutrality (Ang Ladlad LGBT Party v. A: The Compelling State Interest test.
COMELEC, G.R. No. 190582, Apr. 8, 2010).
Q: What is the Compelling State Interest test?
The government must act for secular purposes and in
ways that have primarily secular effects. That is, the A: It is the test used to determine if the interests of
government proscribes this conduct because it is the State are compelling enough to justify
"detrimental (or dangerous) to those conditions upon

infringement of religious freedom. It involves a three- In the case at bar, the students expelled were only
step process: standing quietly during ceremonies. By observing the
1. Has the statute or government action created a ceremonies quietly, it doesnt present any danger so
burden on the free exercise of religion? Courts evil and imminent to justify their expulsion. The
often look into the sincerity of the religious expulsion of the students by reason of their religious
belief, but without inquiring into the truth of the beliefs is also a violation of a citizens right to free
belief since the free exercise clause prohibits education. The non-observance of the flag ceremony
inquiring about its truth. does not totally constitute ignorance of patriotism
and civic consciousness. Love for country and
2. Is there a sufficiently compelling state interest to
admiration for national heroes, civic consciousness
justify this infringement of religious liberty? In
and form of government are part of
this step, the government has to establish that its
the school curricula. Therefore, expulsion due to
purposes are legitimate for the State and that
religious beliefs is unjustified (Ebralinag v. Division
they are compelling.
Superintedent of Cebu, G.R.No. 95770, March 1,
3. Has the State in achieving its legitimate purposes 1993).
used the least intrusive means possible so that
the free exercise is not infringed any more than CONSCIENTIOUS OBJECTOR TEST
necessary to achieve the legitimate goal of the
State? The analysis requires the State to show Q: Who is a conscientious objector?
that the means in which it is achieving its
legitimate State objective is the least intrusive A: A conscientious objector is an "individual who has
means, or it has chosen a way to achieve its claimed the right to refuse to perform military
legitimate State end that imposes as little as service on the grounds of freedom of thought,
possible intrusion on religious beliefs. conscience, and/or religion.(International Covenant
on Civil and Political Rights, Article 18)
Q: Shery, Julia, Paula, Joanne, Lisette and Angela
were minor school children and member of the sect, Q: What are the requisites for one to be considered
Jehovahs Witnesses. They were expelled from their a conscientious objector?
classes by various public school authorities for
refusing to salute the flag, sing the national anthem A:
and recite the Panatang Makabayan required by 1. The person is opposed to war in any form
RA1265. According to them, the basic assumption in 2. He must show that this opposition is based upon
their universal refusal to salute the flags of the religious training and belief
countries in which they are found is that such a 3. And he must show that this objection is sincere.
salute constitutes an act of religious devotion (Clay v. United States, 403 U.S.698 (1971)
forbidden by God's law and that their freedom of
religion is grossly violated. On the other hand, the Q: Boxer Muhammad Jerald Tristan Ali, a muslim,
public authorities claimed that the freedom of refused to report for induction into the United
religious belief guaranteed by the Constitution does States military forces during the Vietnam War. He
not mean exception from non-discriminatory laws applied to be exempted based on the teachings of
like the saluting of flag and singing national anthem. Islam. His local draft board had rejected his
To allow otherwise would disrupt school discipline application for conscientious objector classification.
and demoralize the teachings of civic consciousness Is the denial correct?
and duties of citizenship. Is the expulsion justified?
A: No, the United States Supreme Court held that
A: No. Religious freedom is a fundamental right of there is no dispute that Alis professed beliefs were
highest priority. The two- fold aspect of right to founded on basic tenets of the Muslim religion, as he
religious worship is: 1.) Freedom to believe which is understood them, and derived in substantial part
an absolute act within the realm of thought. 2.) from his devotion to Allah as the Supreme Being.
Freedom to act on ones belief regulated and Thus, his claim unquestionably was within the
translated to external acts. The only limitation to `religious training and belief' clause of the exemption
religious freedom is the existence of grave provision." (Clay v. United States, 403 U.S.698 (1971)
and present danger to public safety, morals, health
and interests where State has right to prevent. The
expulsion of the petitioners from the school is not
justified.

BILL OF RIGHTS
LIBERTY OF ABODE AND FREEDOM OF MOVEMENT such as passport-officers, may likewise curtail such
right in the interest of national security, public safety,
Q: What are the rights guaranteed under Section 6 or public health, as may be provided by law.
of the Bill of Rights?
Q: PASEI is engaged in the recruitment of Filipino
A: workers, male and female, for overseas
1. Freedom to choose and change ones place of employment. It challenged the validity of
abode; and Department Order No. 1 of the Department of Labor
2. Freedom to travel within the country and and Employment because it suspends the
outside. deployment of Filipino Domestic and household
workers abroad. PASEI contends that it impairs the
Q: What is the meaning of liberty of abode? constitutional right to travel. Is the contention
correct?
A: It is the right of a person to have his home or to
maintain or change his home, dwelling, residence or A: No, the deployment ban does not impair the right
habitation in whatever place he has chosen, within to travel. The right to travel is subject, among other
the limits prescribed by law. (Political Law Reviewer, things, to the requirements of "public safety," "as
Suarez, 2011). may be provided by law." Department Order No. 1 is
a valid implementation of the Labor Code, in
LIMITATIONS particular, its basic policy to "afford protection to
labor," pursuant to the Department of Labor's rule-
Q: What is the limitation on the liberty of abode? making authority vested in it by the Labor Code.
(Philippine Association of Service Exporters, Inc. vs.
A: The liberty of abode may be impaired only upon Drilon, G.R. No. 81958, June 30, 1988)
lawful order of the court and within the limits
prescribed by law. WATCH-LIST AND HOLD DEPARTURE ORDERS
Example: Q: What is a watch-list? When may it be issued?

1. Persons in the danger zone areas (i.e. Mt.
Pinatubo, Taal Volcano) may be relocated to A: A watch-list (WLO) is an order issued to prevent an
safer areas and evacuation centers in case of individual from travelling. It may be issued by the
danger and emergency to save lives and Secretary of Justice motu proprio or upon request,
property. under any of the following circumstances:
2. Insane persons who roam around in Roxas 1. Against the accused, irrespective of nationality,
Boulevard may be committed by the government in criminal cases pending trial before the RTCs or
to the National Mental Hospital for appropriate before courts below the RTCs.
treatment and medical attention. (Political Law
2. Against the respondent, irrespective of
Reviewer, Suarez, 2011)
nationality, in criminal cases pending preliminary
RIGHT TO TRAVEL investigation, petition for review, or motion for
reconsideration before the DOJ or any of its
Q: What is the right to travel? provincial or city prosecution offices.
3. The Secretary of Justice may likewise issue a
A: It is the right of a person to go where he pleases WLO against any person, either on his own, or
without interference from anyone. (Political Law upon the request of any government agency,
Reviewer, Suarez, 2011). including commissions, task forces or similar
entities created by the Office of the President,
Q: What is the limitation on the right to travel? pursuant to the "Anti-Trafficking in Persons Act
of 2003" (R.A. No. 9208) and/or in connection
A: The limitations are the interest of national with any investigation being conducted by it, or
security, public safety or public health, as may be in the interest of national security, public safety
provided by law. or public health.. (Section 2, DOJ Circ. 41, s.2010)
With respect to the right to travel, it is settled that Note: WLO is available for (a) criminal cases pending before
only a court may issue a hold departure order against lower courts, or even for (b) cases still under preliminary
an individual addressed to the Bureau of Immigration investigation. A WLO is good for sixty (60) days (Section 4,
and Departure. However, administrative authorities, DOJ Circ. 41, s.2010).

Q: What is a Hold Departure Order? When may it be agencies or instrumentalities, or in the interest of
issued? national security, public safety or public health.
(Section 1, DOJ Circ. 41, s.2010).
A: A Hold Departure Order (HDO) is an order issued
to prevent an individual from travelling. It may be Note: A Hold Departure Order can be issued against (a) an
issued by the Secretary of Justice motu proprio or accused in criminal cases under the jurisdiction of the
upon request, under any of the following Regional Trial Courts and even (b) against aliens whose
presence is required either as respondents or as witnesses.
circumstances:
Note: A HDO is valid for five (5) years from issuance.
1. Against the accused, irrespective of nationality,
in criminal cases falling within the jurisdiction of Q: When can the WLO or HDO be cancelled or lifted?
courts below the Regional Trial Courts (RTCs):
A: The HDO and WLO can be lifted or cancelled as
i. If the case against the accused is follows:
pending trial, the application under oath
of an interested party must be 1. When the validity period of the HDO has already
supported by (a) a certified true copy of expired;
the complaint or information; and (b) a 2. When the accused subject of the HDO has been
Certification from the Clerk of Court allowed to leave the country during the
concerned that criminal case is still pendency of the case, or has been acquitted of
pending. the charge, or the case in which the
warrant/order of arrest was issued has been
ii. If the accused has jumped bail or has dismissed or the warrant/order of arrest has
become a fugitive from justice, the been recalled;
application under oath of an interested 3. When the civil or labor case or case before an
party must be supported by (a) a administrative agency of the government
certified true copy of the complaint or wherein the presence of the alien subject of the
information; (b) a certified true copy of HDO/WLO has been dismissed by the court or by
the warrant/order of arrest; and (c) a appropriate government agency, or the alien has
Certification from the Clerk of Court been discharged as a witness therein, or the alien
concerned that the warrant/order of has been allowed to leave the country.
arrest was returned unserved by the
peace officer to whom the same was The WLO may be lifted or cancelled under any of the
delivered for service. following grounds:
2. Against the alien whose presence is required 1. When the validity period of the WLO has already
either as a defendant, respondent, or witness in expired;
a civil or labor case pending litigation, or any case 2. When the accused subject of the WLO has been
before a quasi-judicial or an administrative allowed by the court to leave the country during
agency of the government. the pendency of the case, or has been acquitted
of the charge;
The application under oath of an interested party 3. When the preliminary investigation is
must be supported by (a) a certified true copy of terminated, or when the petition for review, or
the subpoena or summons issued against the motion for reconsideration has been denied
alien; and (b) a certified true copy complaint in and/or dismissed.
civil, labor or administrative case where the
presence of the alien is required.
RETURN TO ONES COUNTRY
3. The Secretary may likewise issue an HDO against
Q: Is the right to return to ones country guaranteed
any person, either on his own, or upon the
in the Bill of Rights?
request by the Head of a Department of the
Government, the head or a constitutional body
A: The right to return to ones country is not among
or commission, the Chief Justice of the Supreme
the rights specifically guaranteed in the Bill of Rights,
Court for the Judiciary, the Senate President or
which treats only of the liberty of abode and the right
the House Speaker for the Legislature, when the
to travel. Nevertheless, the right to return may be
adverse party is the Government or any of its
considered as a generally accepted principle of

BILL OF RIGHTS
International law, and under the Constitution, is part 1. Information affecting national security,
of the law of the land. However, it is distinct and military and diplomatic secrets. It also
separate from the right to travel and enjoys a includes inter-government exchanges
different protection under the Intl. Covenant of Civil prior to consultation of treaties and
and Political Rights. (Marcos v. Manglapus, G.R. No. executive agreement as may reasonably
88211, Sept. 15, 1989 & Oct. 27, 1989) protect the national interest
2. Matters relating to investigation,
Q: The military commander in charge of the apprehension, and detention of criminals
operation against rebel groups directed the which the court may not inquire into
inhabitants of the island which would be the target prior to arrest, prosecution and detention
of attack by government forces to evacuate the area 3. Trade and industrial secrets and other
and offered the residents temporary military banking transactions as protected by the
hamlet. Can the military commander force the Intellectual Property Code and the
residents to transfer their places of abode without a Secrecy of Bank Deposits Act
court order? 4. Other confidential information falling
under the scope of the Ethical Safety Act
A: No, the military commander cannot do so without concerning classified information
a court order. Under Sec. 6, Art. III of the
Constitution, a lawful order of the court is required PUBLICATION OF LAWS AND REGULATIONS
before the liberty of abode and of changing the same
can be impaired. Q: Is there a need for publication of laws to
reinforce the right to information?
RIGHT TO INFORMATION
A: Yes. In Tanada v. Tuvera, the Court said Laws must
Q: What is the scope of the right? come out in the open in the clear light of the sun
instead of skulking in the shadows with their dark,
A: This covers information on matters of public deep secrets. Mysterious pronouncements and
concern. It pertains to access to official records, rumored rules cannot be recognized as binding unless
documents and papers pertaining to official acts, their existence and contents are confirmed by a valid
transactions or decisions, as well as to government publication intended to make full disclosure and give
research data used as basis for policy development. proper notice to the people.
The SC has held in Chavez v. PEA and AMARI (G.R. No. ACCESS TO COURT RECORDS
133250, July 9, 2002) that the right to information
contemplates inclusion of negotiations leading to the Q: During the pendency of the intestate
consummation of the transaction. proceedings, Ojay, a creditor of the deceased, filed
a motion with a prayer that an order be issued
Note: The right only affords access to records, documents requiring the Branch Clerk of Court to furnish him
and papers, which means the opportunity to inspect and
with copies of all processes and orders and to
copy them at his expense. The exercise is also subject to
reasonable regulations to protect the integrity of public
require the administratrix to serve him copies of all
records and to minimize disruption of government pleadings in the proceedings. The judge denied the
operations. motion because the law does not give a blanket
authority to any person to have access to official
LIMITATIONS records and documents and papers pertaining to
official acts. The judge said that his interest is more
Q: What are the limitations and exceptions to the of personal than of public concern. Is the judge
right to information and access to public records? correct?
A: A: No. The right to information on matters of public

GR: The access must be for a lawful purpose and is concern is a constitutional right. However, such is not
subject to reasonable conditions by the custodian of absolute. Under the Constitution, access is subject to
the records. limitations as may be provided by law. Therefore, a
law may exempt certain types of information from
XPNS: The right does not extend to the public scrutiny such as national security. The privilege
following: against disclosure is recognized with respect to state
secrets bearing on the military, diplomatic and similar

matters. Since intestate proceedings do not contain Q: What is the difference between the right to
any military or diplomatic secrets which will be unionize and the right to association?
disclosed by its production, it is an error on the part
of the judge to deny Ramons motion. (Hidalgo v. A: The right to unionize is an economic and labor
Reyes, AM No. RTJ-05-1910, Apr. 15, 2005) right while the right to association in general is a civil-
political right.
RIGHT TO INFORMATION RELATIVE TO:
Q: What constitutes freedom of association?
GOVERNMENT CONTRACT NEGOTIATIONS
A: Freedom of association includes the freedom not
Q: May the government, through the PCGG, be to associate, or, if one is already a member, to
required to reveal the proposed terms of a disaffiliate from the association
compromise agreement with the Marcos heirs as
regards their alleged ill-gotten wealth? Q: Is the right to strike included in the right to form
unions or freedom of assembly by government
A: It is incumbent upon the PCGG, and its officers, as employees?
well as other government representatives, to disclose
sufficient public information on any proposed A: No, the right to strike is not included. Their
settlement they have decided to take up with the employment is governed by law. It is the Congress
ostensible owners and holders of ill-gotten wealth. and administrative agencies which dictate the terms
Such information must pertain to definite and conditions of their employment. The same is
propositions of the government. (Chavez v. PCGG, fixed by law and circulars and thus not subject to any
G.R. No. 130716, Dec. 9, 1998) collective bargaining agreement.
DIPLOMATIC NEGOTIATIONS Note: Pursuant to Sec. 4, Rule III of the Rules and
Regulations to Govern the Exercise of the Right of
Q: Petitioners request that they be given a copy of Government Employees to Self-Organization, the
the text of the JPEPA and the offers and negotiations terms and conditions of employment in the
between the Philippines and Japan. Are these Government, including any of its instrumentalities,
matters of public concern? Can they be disclosed? political subdivision and government owned and
controlled corporations with original charters, are
A: There is a distinction between the text of the governed by law and employees therein shall not
treaty and the offers and negotiations. They may strike for the purpose of securing changes thereof.
compel the government to disclose the text of the (SSS Employees Association v. CA, GR. No. 85279, July
treaty but not the offers between RP and Japan, 28, 1989) The only available remedy for them is to
because these are negotiations of executive lobby for better terms of employment with Congress.
departments. Diplomatic Communication negotiation
is privileged information. (Akbayan v. Aquino, G.R. EMINENT DOMAIN
No. 170516, July 16, 2008)
Q: What is the power of eminent domain?
RIGHT OF ASSOCIATION
A: It is the power of the state to forcibly acquire the
Q: What does the freedom of association mean? needed property in order to devote it to the intended
public use, upon payment of just compensation.
A: It means that the right to form associations shall (Cruz, Constitutional Law, p.62)
not be impaired without due process of law. It is
therefore an aspect of the general right of liberty. EXPANSIVE CONCEPT OF PUBLIC USE
More specifically, it is an aspect of freedom of
contract; and in so far as associations may have for Q: Does the requisite of public use mean use by the
their object the advancement of beliefs and ideas, public at large?
freedom of association is an aspect of freedom of
expression and of belief. The guarantee also covers A: No. Whatever may be beneficially employed for
the right not to join an association. (Bernas, The 1987 the general welfare satisfies the requirement.
Philippine Constitution: A Comprehensive Reviewer, Moreover, that only few people benefits from the
2006, p. 97) expropriation does not diminish its public-use
character because the notion of public use now

BILL OF RIGHTS
includes the broader notion of indirect public benefit DETERMINATION

or advantage.(Manosca v. CA, G.R. 166440, Jan. 29,
1996). Q: When should assessment of the value of the
property be determined?
JUST COMPENSATION
A: The value of the property must be determined
Q: What is just compensation? either at the time of taking or filing of the complaint,
whichever comes first.(EPZA v. Dulay, G.R. No. 59603,
A: It is the full and fair equivalent of the property April 29, 1987).
taken from the private owner (owners loss) by the
expropriator. It is usually the fair market value (FMV) EFFECT OF DELAY
of the property and must include consequential
damages (damages to the other interest of the owner Q: Does non-payment of just compensation entitle
attributed to the expropriation) minus consequential the private owner to recover possession of the
benefits (increase in the value of other interests expropriated property?
attributed to new use of the former property).
A:
Note: FMV is the price fixed by the parties willing but not GR: Non-payment by the government does not
compelled to enter into a contract of sale. entitle private owners to recover possession of the
property because expropriation is an in rem
Q: Does compensation have to be paid in money? proceeding, not an ordinary sale, but only entitle
them to demand payment of the fair market value of
A: the property.
GR: Yes.
XPNS:
XPN: In cases involving CARP, compensation 1. When there is deliberate refusal to pay
may be in bonds or stocks, for it has been just compensation
held as a non-traditional exercise of the 2. Governments failure to pay
power of eminent domain. It is not an compensation within 5 years from the
ordinary expropriation where only a specific finality of the judgment in the
property of relatively limited area is sought expropriation proceedings. This is in
to be taken by the State from its owner for a connection with the principle that the
specific and perhaps local purpose. It is government cannot keep the property
rather a revolutionary kind of expropriation and dishonor the judgment. (Republic v.
(Association of Small Landowners in the Lim, G.R. No. 161656, June 29, 2005)
Philippines, Inc. v. Secretary of Agrarian
Reform, G.R. No. 78742, 14 July 1989). ABANDONMENT OF INTENDED USE AND RIGHT OF
REPURCHASE
Q: Is the owner entitled to the payment of interest?
How about reimbursement of taxes paid on the Q: Several parcels of lands located in Lahug, Cebu
property? City were the subject of expropriation proceedings
filed by the Government for the expansion and
A: Yes, the owner is entitled to the payment of improvement of the Lahug Airport. The trial court
interest from the time of taking until just rendered judgment in favor of the Government and
compensation is actually paid to him. Taxes paid by ordered the latter to pay the landowners the fair
him from the time of the taking until the transfer of market value of the land. The landowners received
title (which can only be done after actual payment of the payment.
just compensation), during which he did not enjoy
any beneficial use of the property, are reimbursable The other unsatisfied landowners
by the expropriator. appealed. Pending appeal, the Air Transportation
Office (ATO), proposed a compromise settlement
Q: What legal interest should be used in the whereby the owners of the lots affected by the
computation of interest on just compensation? expropriation proceedings would either not appeal
or withdraw their respective appeals in
A: An interest of 12% per annum on the just consideration of a commitment that the
compensation due the landowner. (LBP v. Wycoco expropriated lots would be resold at the price they
G.R. No. 140160, January 13, 2004)

were expropriated in the event that the ATO would Governments exercise of its power of eminent
abandon the Lahug Airport, pursuant to an domain, is always subject to the condition that the
established policy involving similar cases. Because of property be devoted to the specific public purpose
this promise, the landowners did not pursue their for which it was taken. Corollarily, if this particular
appeal. Thereafter, the lot was transferred and purpose or intent is not initiated or not at all pursued,
registered in the name of the Government. The and is peremptorily abandoned, then the former
projected improvement and expansion plan of the owners, if they so desire, may seek the reversion of
old Lahug Airport, however, was not pursued. From the property, subject to the return of the amount of
the date of the institution of the expropriation just compensation received. In such a case, the
proceedings up to the present, the public purpose of exercise of the power of eminent domain has become
the said expropriation (expansion of the airport) was improper for lack of the required factual justification
never actually initiated, realized, or implemented. (Mactan-Cebu International Airport Authority and Air
Transportation Office v. Lozada, et. al, G.R. No.
Thus, the landowners initiated a complaint for the 176625, Feb. 25, 2010).
recovery of possession and reconveyance of
ownership of the lands based on the compromised MISCELLANEOUS APPLICATION
agreement they entered into with the ATO. On the
other hand, the Government anchor their claim to Q: An ordinance of Quezon City requires memorial
the controverted property on the supposition that park operators to set aside at least 6% of their
the decision in the pertinent expropriation cemetery for charity burial of deceased persons. The
proceedings did not provide for the condition that same ordinance also imposes sanction in case of
should the intended use of the land for the violation in the form of fine or imprisonment and
expansion of the Lahug Airport be aborted or revocation or cancellation of permit to operate. Is
abandoned, the property would revert to this a valid exercise of police power?
respondents, being its former owners. Do the
former owners have the right to redeem the A: No, it constitutes taking of property without just
property? compensation. The power to regulate does not
include the power to prohibit. The power to regulate
A: Yes. It is well settled that the taking of private does not include the power to confiscate. The
property by the Governments power of eminent ordinance in question not only confiscates but also
domain is subject to two mandatory requirements: prohibits the operation of a memorial park cemetery,
(1) that it is for a particular public purpose; and (2) because under Section 13 of said ordinance,
that just compensation be paid to the property 'Violation of the provision thereof is punishable with
owner. These requirements partake of the nature of a fine and/or imprisonment and that upon conviction
implied conditions that should be complied with to thereof the permit to operate and maintain a private
enable the condemnor to keep the property cemetery shall be revoked or cancelled. The
expropriated. confiscatory clause and the penal provision in effect
deter one from operating a memorial park cemetery.
More particularly, with respect to the element of Moreover, instead of building or maintaining a public
public use, the expropriator should commit to use the cemetery for this purpose, the city passes the burden
property pursuant to the purpose stated in the to private cemeteries. (City Government of Quezon
petition for expropriation filed, failing which, it City v. Ericta, G.R. No. L-34915, Jun. 24, 1983)
should file another petition for the new purpose. If
not, it is then incumbent upon the expropriator to Q: Can there be expropriation in right of way
return the said property to its private owner, if the easement?
latter desires to reacquire the same. Otherwise, the
judgment of expropriation suffers an intrinsic flaw, as A: Yes. Expropriation is not limited to the acquisition
it would lack one indispensable element for the of real property with a corresponding transfer of title
proper exercise of the power of eminent domain, or possession the right of way easement resulting in
namely, the particular public purpose for which the a restriction of limitation on property right over the
property will be devoted. Accordingly, the private land traversed by transmission lines also falls within
property owner would be denied due process of law, the ambit of the term expropriation. (NPC v. Maria
and the judgment would violate the property Mendoza San Pedro, G.R. No. 170945 Sept. 26, 2006)
owners right to justice, fairness, and equity.
Q: Causby sued the United States for trespassing on
In light of these premises, we now expressly hold that his land, complaining specifically about how "low-
the taking of private property, consequent to the

BILL OF RIGHTS
flying military planes caused the plaintiffs' chickens A:

to 'jump up against the side of the chicken house 1. If it changes the terms and conditions of a legal
and the walls and burst themselves open and die. contract either as to the time or mode of
Are they entitled to compensation by reason of performance
taking clause? 2. If it imposes new conditions or dispenses with
those expressed if it authorizes for its satisfaction
A: There is taking by reason of the frequency and something different from that provided in its
altitude of the flights. Causby could not use his land terms
for any purpose (US v. Causby, 328 U.S. 256 , 1946).
Note: Mere technical change which does not change the
Q: The National Historical Institute declared the substance of the contract, and which still leaves an
efficacious remedy for enforcement does NOT impair the
parcel of land owned by Petitioners as a national
obligation of contracts. A valid exercise of police power is
historical landmark, because it was the site of the superior to obligation of contracts.
birth of Felix Manalo, the founder of Iglesia ni Cristo.
The Republic of the Philippines filed an action to Q: When can this be applied?
appropriate the land. Petitioners argued that the
expropriation was not for a public purpose. Is this A: This constitutional provision is applicable only if
correct? the obligation of contract is impaired by legislative
act (statute, ordinance, etc.). The act need not be by
A: Public use should not be restricted to the a legislative office; but it should be legislative in
traditional uses. The taking is for a public use because nature. Furthermore, the impairment must be
of the contribution of Felix Manalo to the culture and substantial (Philippine Rural Electric Cooperatives
history of the Philippines. (Manosca v. CA , G.R. No. Assoc. v. DILG Secretary, G.R. 143076, June 10, 2003).
106440, Jan. 29, 1996)
Q: May laws be enacted even it might result to
Q: Is expropriation of private lands for slum impairment of contracts?
clearance and urban development for public
purpose? A:
GR: Valid contracts should be respected by the
A: Yes. The Constitution itself allows the State to legislature and not tampered with by subsequent
undertake, for the common good and in cooperation laws that will change the intention of the parties or
with the private sector, a continuing program of modify their rights and obligations. The will of the
urban land reform and housing which will make at parties to a contract must prevail. A later law which
affordable cost decent housing and basic services to enlarges, abridges, or in any manner changes the
underprivileged and homeless citizens in urban intent of the parties to the contract necessarily
centers and resettlement areas. The expropriation of impairs the contract itself and cannot be given
private property for the purpose of socialized housing retroactive effect without violating the constitutional
for the marginalized sector is in furtherance of the prohibition against impairment of contracts.
social justice provision under Section 1, Article XIII of (Sangalang v. IAC, G.R. No. 71169, Dec. 22, 1988)
the Constitution. To this end, the State shall require
the acquisition, ownership, use and disposition of XPN: Enactment of laws pursuant to the
property and its increments. Thus, it follows that the exercise of police power because public
low cost housing project of respondent NHA on the welfare prevails over private rights. It is
expropriated lots is compliant with the public use deemed embedded in every contract a
requirement. It is for public purpose even if the reservation of the States exercise of police
developed area is later sold to private homeowners, power, eminent domain and taxation, so
commercial firms, entertainment and service long as it deals with a matter affecting the
companies and other private concerns. (Reyes v. public welfare.(PNB v Remigio, G.R. No
NHA,G.R. No. 47511, Jan. 20, 2003) 78508, Mar. 21, 1994)
CONTRACT CLAUSE
Q: What constitutes impairment?
CONTEMPORARY APPLICATION OF THE
A: Any statute which introduces a change into the
CONTRACT CLAUSE
express terms of the contract, or its legal
construction, or its validity, or its discharge, or the
Q: When does a law impair the obligation of
contracts?

remedy for its enforcement, impairs the contract. Wide Realty and Development Corp. v Puerto Azul
(Blacks Law Dictionary) Land, Inc., G.R. No. 180893, Nov 25, 2009)
Note: Franchises, privileges, licenses, etc. do not come LEGAL ASSISTANCE AND FREE ACCESS TO COURTS
within the context of the provision, since these things are
subject to amendment, alteration or repeal by Congress Q: What is the significance of this provision?
when the common good so requires.
A: It is the basis for the provision of Section 17, Rule 5
Q: PAL (a former GOCC) and Kuwait Airways entered
of the New Rules of Court allowing litigation in forma
into a Commercial Agreement and Joint Services
pauperis. Those protected include low paid
Agreement. The Commercial Agreement established
employees, domestic servants and laborers.
a joint commercial arrangement whereby Philippine
(Cabangis v. Almeda Lopez,G.R. No. 47685, Sept. 20,
Airlines and Kuwait Airways were to jointly operate
1940)
the Manila-Kuwait (and vice versa) route, utilizing
the planes and services of Kuwait Airways.
They need not be persons so poor that they must be
Subsequently, Philippine Airlines was privatized.
supported at public expense. It suffices that the
After 14 years, delegations from the Philippine
plaintiff is indigent. And the difference between
government and Kuwait government met in Kuwait.
paupers and indigent persons is that the latter are
The talks culminated in a Confidential Memorandum
persons who have no property or sources of income
of Understanding (CMU). Can the execution of the
sufficient for their support aside from their own labor
Commercial Memorandum of Understanding (CMU)
though self-supporting when able to work and in
between Kuwait and Philippine Government
employment. (Acar v. Rosal, G.R. No. L-21707, March
automatically terminate the aforementioned
18, 1967)
agreement?
Q: May the court grant the exemption of payment of
A: No, because an act of the Phil. Govt negating the
legal fees to foundations/institutions working for
commercial agreement between the two airlines
indigent and underprivileged people?
would infringe the vested rights of a private
individual. Since PAL was already under private
A: No, according to Sec. 19, Rule 141, Rules of Court,
ownership at the time the CMU was entered into, the
only a natural party litigant may be regarded as an
Court cannot presume that any and all commitments
indigent litigant that can be exempted from payment
made by the Phil. Govt are unilaterally binding on the
of legal fees. Exemption cannot be extended to the
carrier even if this comes at the expense of
foundations even if they are working for the indigent
diplomatic embarrassment. Even granting that the
and underprivileged people. (A. M. No. 09-6-9-SC)
police power of the State may be exercised to impair
the vested rights of privately-owned airlines, the
RIGHTS OF SUSPECTS
deprivation of property still requires due process of
law. (Kuwait Airline Corporation v. PAL, G.R. No.
Q: What are the Miranda rights?
156087, May 8, 2009)
A: These are the rights to which a person under
Q: May there be a valid impairment of contracts
custodial investigation is entitled. These rights are:
even if the act in question is done by an entity other
1. Right to remain silent
than the legislature?
2. Right to competent and independent counsel,
preferably of his own choice
A: Yes. The act need not be by a legislative office; but
3. Right to be reminded that if he cannot afford the
it should be legislative in nature. (Philippine Rural
services of counsel, he would be provided with
Electric Cooperatives Assoc. v. DILG Sec, G.R. No.
one
143076, June 10, 2003)
4. Right to be informed of his rights
5. Right against torture, force, violence, threat,
Q: May non-impairment clause be invoked in a pure
intimidation or any other means which vitiate the
contract between the parties?
free will
6. Right against secret detention places, solitary,
A: No, non-impairment clause cannot be invoked if
incommunicado, or similar forms of detention
there is neither public interest involved nor a law that
7. Right to have confessions or admissions obtained
supports the claim. It can only be invoked if it is
in violation of these rights considered
against the government or when the government
intervenes in contract between the parties. (Pacific

BILL OF RIGHTS
inadmissible in evidence (Miranda v Arizona, 384 consistently held, following the stricter view, that the rights
U.S. 436, 1966) begin to be available only when the person is already in
custody. (People v. Ting LanUy, G.R. No. 157399, Nov.17,
Note: Even if the person consents to answer questions 2005)
without the assistance of counsel, the moment he asks for a
lawyer at any point in the investigation, the interrogation Furthermore, in the case of People v. Reyes, GR No. 178300,
must cease until an attorney is present. Mar. 17, 2009, we can find this line: The mantle of
protection afforded by the above-quoted provision covers
The Miranda Rights are available to avoid involuntary the period from the time a person is taken into custody for
extrajudicial confession. the investigation of his possible participation in the
commission of a crime of from the time he was singled out
The purpose of providing counsel to a person under as a suspect in the commission of the offense although not
custodial investigation is to curb the police-state practice of yet in custody.
extracting a confession that leads appellant to make self-
incriminating statements. (People vs. Rapeza, G.R. 169431, Q: When are the Miranda rights unavailable?
April 3, 2007)
A:
Q: What are the rights and limitations of a person in 1. During a police line-up, unless admissions or
a preliminary investigation? confessions are being elicited from the suspect
(Gamboa Vs. Cruz, G.R. No. L-56291, June 27,
A: 1988)
1. He cannot cross-examine 2. During administrative investigations (Sebastian,
2. No right to counsel except when confession is Jr v Garchitorena, G.R. No 114028)
being obtained 3. Confessions made by an accused at the time he
3. He cannot file complaint or information without voluntarily surrendered to the police or outside
authority the context of a formal investigation; (People v
4. Right to be present not absolute Baloloy, G.R. No 140740, April 12, 2002) and
5. No dismissal without approval 4. Statements made to a private person (People v
6. Right to discovery proceedings Tawat, G.R. No 62871, May 25, 1985)
5. Forensic investigation is not tantamount to
AVAILABILITY custodial investigation, therefore Miranda rights
is not applicable (People v. Tranca, 235 SCRA 455,
Q: When do these rights become available? 1994)
A: During custodial investigation or as soon as the REQUISITES

investigation ceases to be a general inquiry unto an
unsolved crime and direction is aimed upon a Q: What are the requisites for a valid waiver of
particular suspect, as when the suspect who has been these rights?
taken into police custody and to whom the police
would then direct interrogatory questions which tend A:
to elicit incriminating statements. 1. Made voluntarily, knowingly and intelligently
2. Waiver should be made in writing
Note: Sec. 2 of R.A. 7438 provides that custodial 3. Made with the presence of counsel (People vs
investigation shall include the practice of issuing an Galit, GR. No. L-51770, Mar. 20, 1985)
invitation to a person who is under investigation in
connection with an offense he is suspected to have
Q: Is a confession given to a mayor admissible in
committed
court?
Rights during custodial investigation apply only against
testimonial compulsion and not when the body of the A: Yes, if such confession was given to the mayor as a
accused is proposed to be examined (i.e. urine sample; confidant and not as a law enforcement officer. In
photographs; measurements; garments; shoes) which is a such case, the uncounselled confession did not
purely mechanical act. violate the suspects constitutional rights. (People v
Zuela, G.R. No 112177, Jan. 28, 2000)
In the case of Galman v. Pamaran, it was held that the
constitutional safeguard is applied notwithstanding that the Note: What the Constitution bars is the compulsory
person is not yet arrested or under detention at the time. disclosure of the incriminating facts or confessions. The
However, Fr. Bernas has qualified this statement by saying rights under Sec. 12 are guarantees to preclude the
that jurisprudence under the 1987 Constitution has slightest use of coercion by the State, and not to prevent

the suspect from freely and voluntarily telling the truth. RIGHTS OF THE ACCUSED
(People v. Andan, G.R. No. 116437, Mar. 3, 1997)
Q: What are the rights of the accused?
Q: Decide on the admissibility as evidence of
confessions given to news reporters and/or media A: Right to:
and videotaped confessions. 1. Due process
2. Be presumed innocent
A: Confessions given in response to a question by 3. Be heard by himself and counsel
news reporters, not policemen, are admissible. 4. Be informed of the nature and cause of the
Where the suspect gave spontaneous answers to a accusation against him
televised interview by several press reporters, his 5. A speedy, impartial and public trial
answers are deemed to be voluntary and are 6. Meet the witnesses face to face
admissible. 7. Have compulsory process to secure the
attendance of witnesses and production of
Videotaped confessions are admissible, where it is evidence on his behalf
shown that the accused unburdened his guilt 8. Against double jeopardy
willingly, openly and publicly in the presence of the 9. Bail
newsmen. Such confessions do not form part of
confessions in custodial investigations as it was not CRIMINAL DUE PROCESS
given to police men but to media in attempt to solicit
sympathy and forgiveness from the public. Q: What are the requisites of criminal due process?
However, due to inherent danger of these videotaped A:

confessions, they must be accepted with extreme 1. Accused is heard by a court of competent
caution. They should be presumed involuntary, as jurisdiction
there may be connivance between the police and 2. Accused is proceeded against under the orderly
media men. (People v. Endino, G.R. No. 133026, Feb. processes of law
20, 2001) 3. Accused is given notice and opportunity to be
heard
Q: What is the fruit of the poisonous tree doctrine? 4. Judgment rendered was within the authority of a
constitutional law
A: This doctrine states that once the primary source
(the tree) is shown to have been unlawfully obtained, Q: Is right to appeal a part of due process?
any secondary or derivative evidence (the fruit)
derived from it is also inadmissible. The rule is based A: No, the right to appeal is neither a natural right nor
on the principle that evidence illegally obtained by part of due process. It is a mere statutory right, but
the State should not be used to gain other evidence, once given, denial constitutes violation of due
because the originally illegally obtained evidence process
taints all evidence subsequently obtained.
RIGHT TO BAIL
WAIVER
Q: What is bail?
Q: What are the rights that may be waived?
A: It is the security given for the release of a person in
A: custody of law, furnished by him or a bondsman,
1. Right to remain silent conditioned upon his appearance before any court as
2. Right to counsel required (Sec. 1, Rule 114, Rules of Court).
Note: Q: What are the constitutional principles on bail?

1. However, the right to be informed of these rights
cannot be waived; and A:
2. The waiver must be in writing and in the GR: All persons shall, before conviction, be bailable.
presence of counsel. (Political Law Reviewer,
Suarez, p. 295, 2011). XPN: Those who are charged with offenses
punishable by reclusion perpetua when the

BILL OF RIGHTS
evidence of guilt is strong. (Political Law when evidence of guilt is not strong (Sec. 7,
Reviewer, Suarez , 2011). Rule 114); and
c. A child in conflict with the law charged with
a. The suspension of the privilege of the writ of an offense punishable by death, reclusion
habeas corpus does not impair the right to bail. perpetua or life imprisonment when
evidence of guilt is not strong (Sec. 28, A.M.
b. Excessive bail is not required. (Criminal No. 02-1-18-SC).
Procedure, Riano, p. 312)
Note: The prosecution cannot adduce evidence for the
Q: What is the rationale behind the right to bail? denial of bail where it is a matter of right. However where
the grant of bail is discretionary, the prosecution may show
proof to deny the bail.
A: An accused is presumed innocent until his guilt is
proven beyond reasonable doubt by final judgment.
The right to bail gives the accused not only an Q: When shall bail be denied?
opportunity to obtain provisional liberty but also the
chance to prepare for trial while continuing his usual A: If the penalty imposed by the trial court is
work or employment. The bail posted by the accused imprisonment exceeding six (6) years, the accused
for his provisional liberty is, in effect, an assurance shall be denied bail, or his bail shall be cancelled upon
that the accused will attend the court proceedings, a showing by the prosecution, with notice to the
particularly when his presence is required. In short, accused, of the following or other similar
the purpose of the bail is to relieve the accused from circumstances:
imprisonment until his conviction and at the time his a. That he is a recidivist, quasi-recidivist, or
appearance at the trial is secured.(Almeda vs. Villaluz, habitual delinquent, or has committed the
66 SCRA 38 (1975) (Suarez, Political Law Reviewer, p. crime aggravated by the circumstance of
302, 2011). reiteration;
b. That he has previously escaped from legal
Q: When may the right to bail be invoked? confinement, evaded sentence, or violated
the conditions of his bail without valid
A: The right to bail may be invoked once detention justification;
commences even if no formal charges have yet to be c. That he committed the offense while under
filed.(Teehankee v. Rovira, G.R.No. L-101, Dec. 20, probation, parole, or conditional pardon;
1945) d. That the circumstances of his case indicate
the probability of flight if released on bail; or
Q: When is bail a matter of right and when is it a e. That there is undue risk that he may commit
matter of discretion? another crime during the pendency of the
appeal.
A:
1. Bail is a matter of right The appellate court may, motu proprio or on motion
a. Before or after conviction by the of any party, review the resolution of the RTC after
metropolitan and municipal trial courts, and notice to the adverse party in either case. (Sec. 5,
b. Before conviction by the RTC of an offense Rule 114, Rules of Court)
not punishable by death, reclusion perpetua
Note: The conduct of petitioner in applying for bail
or life imprisonment (Sec. 4, Rule 114).
indicated that he had waived his objection to whatever
c. Before final conviction by all children in defect, if any, in the preliminary examination conducted by
conflict with the law for an offense not respondent judge (Luna v. Plaza, G.R. No.L-27511, Nov. 29,
punishable by reclusion perpetua or life 1968) The right to bail is available from the very moment of
imprisonment. arrest (which may be before or after the filing of formal
charges in court) up to the time of conviction by final
2. Bail is a matter of discretion judgment (which means after appeal). No charge need be
a. Upon conviction by the RTC of an offense filed formally before one can file for bail, so long as one is
under arrest. (Heras Teehankee v. Rovira, G.R. No. L-101,
not punishable by death, reclusion perpetua
Dec. 20 1945)
or life imprisonment
b. Regardless of the stage of the criminal
Q: Should the bail be granted automatically in case
prosecution, a person charged with a capital
of application for such pending appeal?
offense, or an offense punishable by
reclusion perpetua or life imprisonment,

A: No. The discretionary nature of the grant of bail has no right to presume that the prosecutor knows
pending appeal does not mean that bail should what he is doing on account of familiarity with the
automatically be granted absent any of the case. (Joselito V. Narciso v Flor Marle Sta. Romana-
circumstances mentioned in the third paragraph of Cruz, G.R. No. 134504, March 17, 2000)**from
Sec5, Rule 114 of the Rules of Court (Jose Antonio Sandoval Notes
Leviste v. Court of Appeals, et al., G.R.No. 189122,
March 17, 2010). Note: a hearing on the motion for bail must be conducted
by the judge to determine whether or not the evidence of
Note: The third paragraph of Sec5, Rule 114 applies to two guilt is strong. (Baylon v. Judge Sison, A.M. No. 92-7-360-0,
scenarios where the penalty imposed on the appellant Apr. 6, 1995)
applying for bail is imprisonment exceeding six years. The
first scenario deals with the circumstances enumerated in Q: Why are capital offenses or offenses punishable
the said paragraph not being present. The second scenario by reclusion perpetua not bailable?
contemplates existence of at least one of the said
circumstances. In the first situation, bail is a matter of A: Due to the gravity of the offenses committed, the
discretion. This means that, if none of the circumstances
confinement of a person accused of said offenses
mentioned in the third paragraph of Section 5, Rule 114 is
insures his attendance in the court proceedings than
present, the appellate court has the discretion to grant or
deny bail. An application for bail pending appeal may be if he is given provisional liberty on account of a bail
denied even if the bail-negating circumstances in the third posted by him. (Suarez, Political Law Reviewer, p. 302
paragraph are absent. On the other hand, in the second , 2011).
situation, the appellate court exercises a more stringent
discretion, that is, to carefully ascertain whether any of the Q: What are the factors to be considered in setting
enumerated circumstances in fact exists. If it so determines, the amount of bail?
it has no other option except to deny or revoke bail pending
appeal (Jose Antonio Leviste v. Court of Appeals, et al.,
A:
G.R.No. 189122, March 17, 2010).
1. Financial ability of accused
2. Nature and circumstances of offense
Q: Who are not entitled to bail?
3. Penalty for offense
4. Character and reputation of accused
A:
5. Age and health of accused
1. Persons charged with offenses punishable by
6. Weight of evidence against him
reclusion perpetua or death, when evidence of
7. Probability of appearance at trial
guilt is strong
8. Forfeiture of other bail
2. Persons convicted by the trial court. Bail is only
9. Whether he was a fugitive from justice when
discretionary pending appeal
arrested
3. Persons who are members of the AFP facing a
10. Pendency of other cases where he is on bail
court martial
(Sunga v. Judge Salud, A.M. No. 2205-MJ, Nov.
19, 1981)
Q: Should there be a hearing?
Q: Can the court require arraignment before the
A: Whether bail is a matter of right or of discretion,
grant of bail?
reasonable notice of hearing is required to be given
the prosecutor, or at least he must be asked for his
A: No. The grant of bail should not be conditioned
recommendation, because in fixing the amount of
upon prior arraignment of the accused. In cases where
bail, the judge is required to take into account a
bail is authorized, bail should be granted before
number of factors. (Cortes v. Judge Catral, A.M. No.
arraignment, otherwise the accused will be precluded
RTJ-97-1387, Sept. 10, 1997)
from filing a motion to quash which is to be done
before arraignment. If the information is quashed and
Q: In bail application, if the prosecutor interposes no
the case is dismissed, there would be no need for the
objection to the accused charged with capital
arraignment of the accused. To condition the grant of
offense, may the judge grant the application without
bail on his arraignment would be to place him in a
court hearing?
position where he has to choose between (1) filing a
motion to quash and thus delay his release until his
A: No, judges are required to conduct hearings if the
motion can be resolved because prior to its resolution,
accused is being charged with a capital offense.
he cannot be arraigned, and (2) foregoing the filing of
Absence of objection from the prosecution is never a
a motion to quash so that he can be arraigned at once
basis for the grant of bail in such cases, for the judge
and thereafter be released on bail. These scenarios

BILL OF RIGHTS
undermine the accuseds constitutional right not to be Q: What are the rules regarding presumption of
put on trial except upon valid complaint or innocence?
information sufficient to charge him with a crime and
his right to bail (Lavides v. Court of Appeals, G.R. No. A:
129670, February 1, 2000). 1. The prosecution has the burden to prove the
guilt of the accused beyond reasonable doubt.
Note: It should not be taken to mean that the hearing (People vs. Colcol., Jr., 219 SCRA 107, February
on a petition for bail should at all times precede 19, 1993)
arraignment, because the rule is that a person 2. The prosecution must rely on the strength of its
deprived of his liberty by virtue of his arrest or evidence and not in the weakness of the defense.
voluntary surrender may apply for bail as soon as he is (People vs. Solis, 182 SCRA 182, February 14,
deprived of his liberty, even before a complaint or 1990)
information is filed against him (Serapio v. 3. The right to be presumed innocent must be
Sandiganbayan, G.R. No. 148468, January 28, 2003). offset by guilt beyond reasonable doubt. (People
vs. Ortiz, 198 SCRA 836, December 3, 1990)
Q: Is the right to bail available to an alien during the 4. Any doubt as to the guilt of the accused must be
pendency of deportation proceedings? resolved in his favor and against the state.
(People vs. Mortos, 226 SCRA 29, September 1,
A: Yes, provided that potential extraditee must prove 1993)
by clear and convincing proof that he is not a flight
risk and will abide with all orders and processes of Q: The RTC QC rendered a decision convicting Judge
the extradition court. (Government of Hong Kong Bueno of violation of R.A. 7610. The criminal cases
Special Administrative Region v. Olalia Jr., G.R are now on appeal before the Court of Appeals.
153675, Apr. 19, 2007) Meanwhile, Senior State Prosecutor Guinto (SSP
Guinto) suggested the immediate suspension of
Q: Does the posting of a bail bond constitute a Bueno. SSP Guinto posited that since Judge Bueno
waiver of any irregularity attending the arrest of the stands convicted of two counts of child abuse, her
person? moral qualification as a judge is in question. Judge
Bueno manifested that she still enjoys the
A: No, the application or admission of the accused to presumption of innocence since the criminal cases
bail shall not bar him from challenging both the are on appeal. Does she still enjoy the presumption
validity of his arrest or the legality of the warrant of innocence if the judgment convicting her is on
issued therefore, provided that he raises them before appeal?
he enters his plea. It shall not likewise bar the
accused from assailing the regularity or questioning A: Judge Bueno still enjoys constitutional
the absence of a preliminary investigation of the presumption of innocence. Since her conviction of
charge against him provided the same is raised the crime of child abuse is currently on appeal before
before he enters his plea. (Rule 114, Sec. 26, Rules of the CA, the same has not yet attained finality. As
Court) such, she still enjoys the constitutional presumption
of innocence. It must be remembered that the
PRESUMPTION OF INNOCENCE existence of a presumption indicating the guilt of the
accused does not in itself destroy the constitutional
Q: How is the presumption applied? presumption of innocence unless the inculpating
presumption, together with all the evidence, or the
A: Every circumstance favoring the innocence of the lack of any evidence or explanation, proves the
accused must be taken into account. The proof accuseds guilt beyond a reasonable doubt. Until the
against him must survive the test of reason; the accuseds guilt is shown in this manner, the
strongest suspicion must not be permitted to sway presumption of innocence continues (Re: Conviction
judgment (People v. Austria, G.R. No. 55109, Apr. 8, of Judge Adoracion G. Angeles, A.M. No. 06-9-545-
1991) RTC, Jan. 31, 2008)
Q: Who may invoke the presumption of innocence? Q: What is the Equipoise Rule?
A: It can be invoked only by an individual accused of a A: Under the equipoise rule, when the evidence of
criminal offense; a corporate entity has no both sides are equally balanced, the constitutional
personality to invoke the same. presumption of innocence should tilt the scales in

favor of the accused (Corpuz v. People, G.R. No. Q: Several individuals were tried and convicted of
74259, Feb. 14, 1991) Piracy in Philippine Waters as defined in PD 532.
However, it was discovered that the lawyer, Ms.
RIGHT TO BE HEARD Cantos, who represented them was not a member of
the bar although evidence shows that he was
Q: In a murder case, Christian was convicted in the knowledgeable in the rules of legal procedure. The
trial court but was not given the right to testify and accused now allege that their conviction should be
to present additional evidence on their behalf. Is the set aside since they were deprived of due process.
conviction correct? Are they correct?
A: No, an accused has the constitutional right to be A: No. Sec. 1of Rule 115 of the Revised Rules of
heard by himself and counsel and the right to Criminal Procedure states that "upon motion, the
testify as a witness in his own behalf . The denial of accused may be allowed to defend himself in person
such rights is a denial of due process. The when it sufficiently appears to the court that he can
constitutional right of the accused to be heard in his properly protect his rights without the assistance of
defense is inviolate. No court of justice under our counsel." By analogy, but without prejudice to the
system of government has the power to deprive him sanctions imposed by law for the illegal practice of
of that right.(People vs. Lumague, G.R. No. L-53586) law, it is amply shown that the rights of accused were
sufficiently and properly protected by the appearance
ASSISTANCE OF COUNSEL of Ms. Cantos. An examination of the record will
show that he knew the technical rules of procedure.
Q: What is the meaning of the right to counsel? Hence, there was a valid waiver of the right to
sufficient representation during the trial, considering
A: The right of a person under investigation is to have that it was unequivocally, knowingly, and intelligently
a competent and independent counsel preferably of made and with the full assistance of a bona fide
his own choice. The purpose is to preclude the lawyer, Atty. Dani Lacap. Accordingly, denial of due
slightest coercion as would lead the accused to admit process cannot be successfully invoked where a valid
something else. (People vs Evanoria, 209 SCRA 577, waiver of rights has been made. (People v. Tulin, G.R.
June 8, 1992) 111709, Aug. 30, 2001)
Q: Does this right pertain to mere presence of a Note: In Flores v. Ruiz, G.R. No. L-35707, May 31, 1979, the
lawyer in the courtroom? Supreme Court held that the right to counsel during the
trial cannot be waived, because even the most intelligent
or educated man may have no skill in the science of law,
A: No. The accused must be amply accorded legal
particularly in the rules of procedure, and without counsel,
assistance extended by a counsel who commits he may be convicted not because he is guilty but because
himself to the cause of the defense and acts he does not know how to establish his innocence.
accordingly; an efficient and truly decisive legal
assistance, and not simply a perfunctory Q: Mao was criminally charged in court. He hired
representation. (People v. Bermas, G.R. No. 120420, Justin as counsel who handles high-profile clients.
Apr. 21, 1999) Due to his many clients, Justin cannot attend the
hearing of the case of Mao. He requested many
Q: Can a PAO lawyer be considered an independent times to have the hearings postponed. The case
counsel within the contemplation of Sec 12, Art III, dragged on slowly. Judge Oliver Punay, in his desire
1987 Constitution? to finish the case as early as practicable under the
continuous trial system, appointed a counsel de
A: Yes, a PAO lawyer can be considered an officio and withdrew the counsel de parte. Is the
independent counsel within the contemplation of the action of the judge valid?
constitution considering that he is not a special
counsel, public or private prosecutor, counsel of the A: Yes, the appointment of counsel de officio under
police, or a municipal attorney whose interest is such circumstances is not proscribed under the
admittedly adverse of the accused-appellant. Thus, Constitution. The preferential discretion is not
the assistance of a PAO lawyer satisfies the absolute as would enable an accused to choose a
constitutional requirement of a competent and particular counsel to the exclusion of others equally
independent counsel for the accused. (People v. capable. The choice of counsel by the accused in a
Bacor, 306 SCRA 552, April 30, 1999) criminal prosecution is not a plenary one. If the
counsel deliberately makes himself scarce the court is

BILL OF RIGHTS
not precluded from appointing a counsel de officio Q: Mayor Pineda arrived and proceeded to the
whom it considers competent and independent to investigation room. Upon seeing the mayor,
enable the trial to proceed until the counsel of choice appellant Flores approached him and whispered a
enters his appearance. Otherwise the pace of criminal request to talk privately. The mayor led appellant to
prosecution will entirely be dictated by the accused the office of the Chief of Police and there, Flores
to the detriment of the eventual resolution of the broke down and said "Mayor, patawarin mo ako! I
case. (People v. Larranaga, G.R. No. 138874-75, Feb. will tell you the truth. I am the one who killed
3, 2004) Villaroman." The mayor opened the door of the
room to let the public and media representatives
Q: A police officer told Alex, Ralph, Nats, Andrew witness the confession. The mayor first asked for a
and Ojay to be in a police line-up with other five lawyer to assist appellant but since no lawyer was
suspects. Nats told the police that he wants to be available she ordered the proceedings
excused in the police line-up until his lawyer, Atty. photographed and videotaped. In the presence of
Barbaza, arrives. Is Nats entitled to the right to the mayor, the police, representatives of the media
counsel at that stage? and appellant's own wife and son, appellant
confessed his guilt. His confession was captured on
A: No. The investigation has not yet commenced. videotape and covered by the media nationwide.
Did such uncounselled confession violate the
Q: At what stage shall Nats have the right to suspects constitutional rights?
counsel?
A: No, a confession given to the mayor may be
A: Nats shall have the right to counsel from the admitted in evidence if such confession by the
moment the investigating officer starts to ask suspect was given to the mayor as a confidant and
questions to illicit information or confession or not as a law enforcement officer. In such a case, the
admission. This right, however, can be waived but uncounselled confession did not violate the suspects
said waiver shall be made in writing and in the constitutional rights. What the constitution bars is
presence of counsel. (Gamboa vs Judge Cruz GR. No. the compulsory disclosure of incriminating facts or
L-56291, Jun. 27, 1988) , confessions. The rights under Section 12 are
guarantees to preclude the slightest use of coercion
Q: Ian Loy is in police custody. Bothered and by the State and not to prevent the suspect from
remorseful, he spontaneously admitted guilt and freely and voluntarily telling the truth. (People vs.
that he is the one who killed Dr. Neil. Is his Andan,G.R. No. 116437, March 3, 1997)
confession admissible?
Q: Accused Antonio Lauga was charged and
A: Yes. Ian Loys statement is a spontaneous convicted of the crime of rape of his thirteen-year
statement. It was not elicited through questioning by old daughter, AAA. During the proceedings, Juan
the authorities. (People vs. Cabiles, G.R. No. 112035, Paulo Nepomuceno, a bantaybayan in the barangay,
Jan. 16, 1998) testified that the accused confessed that he had in
fact raped AAA. The trial court found him guilty of
Q: Arthur had no counsel while giving his statement the crime of rape. Lauga contends that the
because Atty. Sol Santos, whom he called by confession he made to Nepomuceno is inadmissible
telephone encountered heavy traffic along Sucat in evidence. Is his contention tenable?
Road. The interrogation was about to end when
Atty. Santos arrived. Atty. Santos immediately A: Yes. A barangay bantaybayan is considered a
requested the police investigator to allow him to public officer and any extrajudicial confession made
talk to Arthur. She discussed with Arthur regarding to him without the assistance of counsel is
the statements he already made. Thereafter, Arthur inadmissible in evidence as provided for under
signed the statement. Is the constitutional Section 12, Article III of the Constitution. (People vs.
requirement about the presence of counsel Lauga, GR. No. 186228, March 15, 2010)
complied with?
A: No, the right to counsel was a right to effective

counsel from the first moment of questioning and all
throughout. (People vs. De Jesus, G.R. No. 91535,
Sept. 2, 1992)

RIGHT TO BE INFORMED OF THE NATURE AND language that it is not possible for men of ordinary
CAUSE OF ACCUSATION intelligence to determine therefrom what acts or
omissions are punished. In such a case, the law is
Q: What is the rationale for this right? deemed void.
A: Q: May a person be convicted of the crime proved if

1. To furnish the accused with such a description of the same is different from the crime charged?
the charge against him as will enable him to
make his defense A: Yes, under the variance doctrine, in spite of the
2. To avail himself of his conviction or acquittal for difference between the crime that was charged and
protection against further prosecution for the that which was eventually proved, the accused may
same cause still be convicted of whatever offense that was
3. To inform the court of the facts alleged so that it proved even if not specifically set out in the
may decide whether they are sufficient in law to information provided it is necessarily included in the
support a conviction, if one should be had (US v. crime charged. (Teves v. Sandiganbayan, G.R. No.
Karelsen G.R. No. 1376, Jan. 21, 1904) 154182, Dec. 17, 2004)
Q: What would determine the nature and cause of Q: May the right to be informed of the nature and
accusation? cause of accusation be waived?
A: Description, not designation of the offense, is A: No. However, the defense may waive the right to
controlling. The real nature of the crime charged is enter a plea and let the court enter a plea of not
determined from the recital of facts in the guilty.
information. It is neither determined based on the
caption or preamble thereof nor from the RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
specification of the provision of the law allegedly
violated. Q: What is meant by speedy trial?
Q: What are the requisites for properly informing A: The term speedy means free from vexatious,
the accused of the nature and cause of accusation? capricious and oppressive delays. The factors to be
considered are:
A: 1. Time expired from the filing of information
1. Information must state the name of the accused 2. Length of delay
2. Designation given to the offense by statute 3. Reasons for the delay
3. Statement of the acts or omission so complained 4. Assertion or non-assertion of the right by the
of as constituting the offense accused
4. Name of the offended party 5. Prejudice caused to the defendant
5. Approximate time and date of commission of the
offense Note: The denial of the right to speedy trial is a ground for
6. Place where offense was committed acquittal.
7. Every element of the offense must be alleged in
the complaint or information Q: What is meant by impartial trial?
Q: What happens if the information fails to allege A: The accused is entitled to cold neutrality of an
the material elements of the offense? impartial judge, one who is free from interest or bias.
A: The accused cannot be convicted thereof even if Q: Why must the trial be public?
the prosecution is able to present evidence during
the trial with respect to such elements. A: It is in order to prevent possible abuses which may
be committed against the accused. The attendance at
Q: How is the void for vagueness doctrine related to the trial is open to all, irrespective of their
this right? relationship to the accused.
A: The accused is also denied the right to be informed XPN: If the evidence to be adduced is
of the charge against him, and to due process as well, offensive to decency or public morals, the
where the statute itself is couched in such indefinite public may be excluded.

BILL OF RIGHTS
Q: Can the public be excluded from the courtroom production of documents and things needed in the
without violating the right of the accused to a public prosecution or defense of a case?
trial?
A:
A: Yes, under Section 21, Rule 119 of the Rules of 1. Subpoena ad testificandum and subpoena duces
Criminal Procedure it is provided that the judge may tecum
motu propio exclude the public from the courtroom 2. Depositions and other modes of discovery
when the evidence to be adduced is offensive to 3. Perpetuation of testimonies
decency and public morals.
Q: What is the difference between subpoena ad
Q: Is there a difference between the right to speedy testificandum and subpoena duces tecum?
trial, as guaranteed in Section 14 (2), Article III, and
speedy disposition of cases, as guaranteed in Section A:
16? AD TESTIFICANDUM DUCES TECUM
A process directed to a person The person is also
A: Yes. The right to speedy trial particularly refers to requiring him to attend and to required to bring
criminal prosecutions which are at the trial stage, testify at the hearing or trial of with him any
while the right to speedy disposition of cases applies an action, or at any books, documents,
to all cases before judicial, quasi-judicial or investigation conducted by or other things
administrative bodies. (Political Law Reviewer, Suarez competent authority, or for the under his control.
, p. 362, 2011). taking of his deposition.
RIGHT OF CONFRONTATION Q: What is the requirement for the issuance of

subpoena duces tecum?
Q: What is the purpose of the right of
confrontation? A: The subpoena shall contain a reasonable
description of the books, documents or things
A: demanded which must appear to the court as prima
1. To afford the accused an opportunity to test the facie relevant.
testimony of a witness by cross-examination;
2. To allow the judge to observe the deportment of Q: What are the requirements for the exercise of the
the witness. right to secure attendance of witness?
Q: What is the effect of failure to cross-examine? A:

1. The witness is really material
A: If the failure of the accused to cross-examine a 2. The attendance of the witness was previously
witness is due to his own fault or was not due to the obtained
fault of the prosecution, the testimony of the witness 3. The witness will be available at the time desired
should not be excluded. 4. No similar evidence could be obtained
Q: Are affidavits of witnesses who are not presented Q: When is the right to cross-examine demandable?
during trial admissible?
A: It is demandable only during trials. Thus, it cannot
A: No. They are inadmissible for being hearsay. The be availed of during preliminary investigations.
accused is denied the opportunity to cross-examine
the witnesses. Q: What are the principal exceptions to the right of
confrontation?
Note: Depositions are admissible under circumstances
provided by the Rules of Court. A:
1. Admissibility of dying declarations and all
RIGHT TO COMPULSORY PROCESS TO SECURE exceptions to the hearsay rule
ATTENDANCE OF WITNESS AND PRODUCTION OF 2. Trial in absentia under Sec.14 (2) of Art. III of the
EVIDENCE Constitution
3. With respect to child testimony
Q: What are the means available to the parties to
compel the attendance of witnesses and the

TRIAL IN ABSENTIA Q: What are the requisites for the suspension of the
privilege of the writ of habeas corpus?
Q: When may trial in absentia proceed?
A:
A: Trial in absentia may proceed if the following 1. There must be an invasion or rebellion; and
requisites are present: 2. Public safety requires the suspension
1. Accused has been validly arraigned
2. Accused has been duly notified of the dates of Note: The invasion and rebellion must be actual and not
hearing merely imminent.
3. Failure to appear is unjustifiable
Q: To what situations does the writ apply?
Q: Is the presence of the accused mandatory?
A:
A: Yes, in the following instances: 1. Applies only to persons judicially charged for
1. During arraignment and plea rebellion or offenses inherent in or directly
2. During trial, for identification, unless the accused connected with invasion; and
has already stipulated on his identity during the 2. Anyone arrested or detained during suspension
pre-trial and that he is the one who will be must be charged within 3 days. Otherwise, he
identified by the witnesses as the accused in the should be released.
criminal case
3. During promulgation of sentence, unless for a Q: May the Writ of Habeas Corpus be used as a
light offense means of obtaining evidence on the whereabouts of
a person?
Note: While the accused is entitled to be present during
promulgation of judgment, the absence of his counsel A: In Martinez v. Mendoza (499 SCRA 234 2006), the
during such promulgation does not affect its validity. Court held that the grant of relief in a habeas corpus
proceeding is not predicated on the disappearance of
Q: Can there be promulgation of judgment in a person, but on his illegal detention. It may not be
absentia? used as a means of obtaining evidence on the
whereabouts of a person, or as a means of finding out
A: Promulgation of judgment in absentia is valid who has specifically abducted or caused the
provided that the essential elements are present: disappearance of a certain person. When forcible
1. Judgment be recorded in the criminal docket taking and disappearance not arrest and detention
2. Copy be served upon accused or counsel have been alleged, the proper remedy is not habeas
corpus proceedings, but criminal investigation and
Note: Recording the decision in the criminal docket of the proceedings.
court satisfies the requirement of notifying the accused of
the decision wherever he may be. (Estrada v. People, G.R. Q: Cayet was arrested by the military on the basis of
No. 162371, Aug. 25, 2005)
a mission order issued by the Department of
Defense. A petition for habeas corpus was filed. The
WRIT OF HABEAS CORPUS writ was issued. Later, an information for rebellion
was filed against Cayet. The military moved that the
Q: What is the Writ of Habeas Corpus? petition should be dismissed for having become
moot and academic. Decide.
A: The writ of habeas corpus is a writ directed to the
person detaining another, commanding him to A: The function of the special proceeding of habeas
produce the body of the detainee at a designated corpus is to inquire into the legality of ones
time and place, and to show the cause of his detention. Now that the detainees incarceration is by
detention. virtue of a judicial order in relation to criminal cases
subsequently filed against them, the remedy of
Q: What is the Privilege of the Writ of Habeas habeas corpus no longer lies. The writ has served its
Corpus? purpose. (Ilagan v. Enrile, G.R. No. 70748, Oct. 21,
1985)
A: It is the right to have an immediate determination
of the legality of the deprivation of physical liberty.

BILL OF RIGHTS
WRIT OF AMPARO, HABEAS DATA filed with the CA or SC

AND KALIKASAN justice
Exempted from payment Not exempted
Q: What is the Writ of Amparo? of docket fees
Release of detained Release of detained
A: It is a remedy available to any person whose right person does not render person renders it moot
to life, liberty, and security has been violated or is the petition moot and and academic
threatened with violation by an unlawful act or academic
omission of a public official or employee, or of a
private individual or entity. The writ covers extralegal Q: Engr. Peregrina disappeared one day and his wife
killings and enforced disappearances or threats filed a petition for the Writ of Amparo with the CA
thereof. (Rule on Writ of Amparo) directed against the PNP, claiming that the
unexplained uncooperative behavior of the
Q: What are extralegal killings? respondents request for help and their failure and
refusal to extend assistance in locating the
A: Killings committed without due process of law, i.e., whereabouts of Peregrina were indicative of their
without legal safeguards or judicial proceedings. actual physical possession and custody of the
missing engineer. The PNP was held responsible for
Q: What constitutes enforced disappearances? the enforced disappearance of Engr. Peregrina. Is
this valid?
A: An arrest, detention or abduction of a person by a
government official or organized groups or private A: Yes. The government in general, through the PNP
individuals acting with the direct or indirect and the PNP-CIDG, and in particular, the Chiefs of
acquiescence of the government. It is further these organizations together with Col. Kasim, should
characterized by the refusal of the State to disclose be held fully accountable for the enforced
the fate or whereabouts of the person concerned or a disappearance of Peregrina. Given their mandates,
refusal to acknowledge the deprivation of liberty the PNP and the PNP-CIDG officials and members
which places such persons outside the protection of were the ones who were remiss in their duties when
law. the government completely failed to exercise
extraordinary diligence that the Amparo rule
Q: What are the main advantages of the Writ of requires. (Razon v. Tagitis, G.R. No. 182498, Dec. 3,
Amparo over the Writ of Habeas Corpus? 2009)
A: Q: Fr. Randy Ochoa was charged with rebellion and

WRIT OF HABEAS his name was included in the hold departure list.
WRIT OF AMPARO
CORPUS The case was later on dismissed but the Hold
Interim reliefs, such as No interim reliefs Departure Order still subsisted. Can the Writ of
temporary protection Amparo be invoked to protect his right to travel?
order, witness protection
order, inspection order A: No. The restriction on his right to travel as a
and production order, are consequence of the pendency of the criminal case
available filed against him was not unlawful. Fr. Reyes also
Covers acts which violate Limited to cases failed to establish that his right to travel was impaired
or threaten to violate the involving actual in the manner and to the extent that it amounted to a
right to life, liberty and violation of right to serious violation of his right to life, liberty, and
security liberty security, for which there exists no readily available
General denial is not Mere denial is a ground legal remedy. (Reyes v. CA, G.R. No. 182161, Dec. 3,
allowed; detailed return for dismissal of the 2009)
is required of the petition
respondent Q: Almarius and Aaron were abducted by the
No presumption of Presumption of regular Citizens Armed Forces Geographical Unit (CAFGU).
regularity; must prove performance of official They were taken to various military camps, put in
observance of duty is applicable chains and tortured. While detained, they were
extraordinary diligence threatened that if they escape, they and their
Enforceable anywhere in Only enforceable families would be killed. While in captivity they met
the Philippines anywhere in the Phil. if

April, Mela, and Sol who were also prisoners then unlawful act or omission of a public official or
eventually, Almarius and Aaron were able to escape. employee or extralegal killings and enforced
disappearances or threats thereof?
Presently, Almarius and Aaron are now in protective
custody under private individuals. Almarius and A:
Aaron then filed a petition for the issuance of the 1. The existence of a superior-subordinate
Writ of Amparo, implicating several officers of the relationship between the accused as superior
military as their abductors. They allege that their and the perpetrator of the crime as his
cause of action consists in the threat to their right to subordinate;
life and liberty, and a violation of their right to 2. The superior knew or had reason to know that
security. Considering the fact that they have already the crime was about to be or had been
escaped, will the petition still prosper? committed;
3. The superior failed to take the necessary and
A: Yes. While Almarius and Aaron were detained, reasonable measures to prevent the criminal
they were threatened that if they escaped, their acts or punish the perpetrators thereof.
families, including them, would be killed. In time, 4. The superior has knowledge that a crime or
they were able to escape. The condition of the threat offense shall be committed, is being committed,
to be killed has come to pass. It should be stressed or ha been committed by his subordinates, or by
that they are now free from captivity not because others within his area of responsibility and,
they were released by virtue of a lawful order or despite such knowledge, he did not take
voluntarily freed by their abductors. It ought to be preventive or corrective action either before,
recalled that towards the end of their ordeal their during, or immediately after its commission; and
captors even told them that they were still deciding 5. President ceases to occupy the office by
whether they should be executed. impeachment or expiration of term and shown
by substantial evidence
The possibility of Almarius and Aaron being executed
stared them in the eye while they were in detention. Note: Knowledge of the commission of irregularities,
With their escape, this continuing threat to their life crimes or offenses is presumed when:
1. The acts are widespread within the government
is apparent, more so now that they have surfaced
officials area of jurisdiction;
and implicated specific officers in the military not 2. The acts have been repeatedly or regularly
only in their own abduction and torture, but also in committed within his area of responsibility; and
those of other persons known to have disappeared 3. Members of his immediate staff or office
such as April, Mela, and Sol, among others. personnel is involved.(In Re: Petition for the Writ
of Amparo and Habeas Data in Favor of Noriel H.
Understandably, since their escape, they have been Rodriguez vs. Macapagal-Arroyo, GR. No.
under concealment and protection by private citizens 193160, Nov. 15, 2011)
because of the threat to their life, liberty and
security. The threat vitiates their free will as they are WRIT OF HABEAS DATA
forced to limit their movements or activities.
Precisely because they are being shielded from the Q: What is the writ of habeas data? When is the writ
perpetrators of their abduction, they cannot be applicable?
expected to show evidence of overt acts of threat
such as face-to-face intimidation or written threats to A: The writ of habeas data is a remedy available to
their life, liberty and security. Nonetheless, the any person whose right to privacy in life, liberty or
circumstances of their abduction, detention, torture security is violated or threatened by an unlawful act
and escape reasonably support a conclusion that or omission of a public official or employee, or of a
there is an apparent threat that they will again be private individual or entity engaged in the gathering,
abducted, tortured, and this time, even executed. collecting or storing of data or information regarding
These constitute threats to their liberty, security, and the person, family, home and correspondence of the
life, actionable through a petition for a Writ of aggrieved party.(Sec. 1, The Rule on the Writ of
Amparo. (Sec. of National Defense and AFP Chief of Habeas Data, A. M. No. 08-1-16-SC, Jan. 22, 2008)
Staff v. Manalo, G.R. No. 180906, Oct. 7, 2008)
A writ of habeas data cannot be issued to protect
Q: What are the requisites for a president to be purely property or commercial concern. It bears
liable under the principle of command responsibility reiteration that like the writ of amparo, habeas data
in connection with threatened violation by an was conceived as a response, given the lack of
effective and available remedies, to address the

BILL OF RIGHTS
extraordinary rise in the number of killings and A: A question tends to incriminate when the answer
enforced disappearances. Its intent is to address of the accused or the witness would establish a fact
violations of or threats to the rights to life, liberty or which would be a necessary link in a chain of
security as a remedy independently from those evidence to prove the commission of a crime by the
provided under prevailing rules. Writs of amparo and accused or the witness.
habeas data will not issue to protect purely property
or commercial concerns nor when the grounds Q: When can a witness invoke the right against self-
invoked in support of the petitions therefore are incrimination?
vague or doubtful. Employment constitutes a
property right under the context of the due process A: The privilege against self-incrimination can be
clause of the constitution. It is evident that claimed only when the specific question,
respondents reservations on the real reasons for her incriminatory in character, is actually addressed to
transfer-a legitimate concern respecting the terms the witness. It cannot be claimed at any other time. It
and conditions of ones employment- are what does not give a witness the right to disregard a
prompted her to adopt the extraordinary remedy of subpoena, to decline to appear before the court at
habeas data. (Manila Electric Company vs. Lim, 632 the time appointed.
SCRA 195, 2010)
The privilege against self-incrimination is not self-
executing or automatically operational. It must be
WRIT OF KALIKASAN claimed. It follows that the right may be waived,
expressly, or impliedly, as by a failure to claim it at
Q: What is Writ of Kalikasan? the appropriate time.
A: Under Sec. 1, Rule 7 , Rules of Procedure for Q: Is there any difference between the right against
Environmental Cases, the writ is a remedy available self-incrimination that can be invoked by the
to a natural or juridical person, entity authorized by accused from that of a witness?
law, peoples organization, non-governmental
organization, or any public interest group accredited A: Yes. An accused occupies a different tier of
by or registered with any government agency, on protection from an ordinary witness. Whereas an
behalf of persons whose constitutional right to a ordinary witness may be compelled to take the
balanced and healthful ecology is violated, or witness stand and claim the privilege as each
threatened with violation by an unlawful act or question requiring an incriminating answer is shot at
omission of a public official or employee, or private him, an accused may altogether refuse to take the
individual or entity, involving environmental damage witness stand and refuse to answer any and all
of such magnitude as to prejudice the life, health or questions. For, in reality, the purpose of calling an
property of inhabitants in two or more cities or accused as a witness for the People would be to
provinces. (A.M. No. 09-6-8-SC) incriminate him. The rule positively intends to avoid
and prohibit the certainly inhuman procedure of
INCRIMINATION CLAUSE compelling a person to furnish the missing evidence
necessary for his conviction (Chavez v. Court of
Q: When is the right available? Appeals, G.R. L-29169, August 1968)
A: Q: What is the difference between an accused and

1. Criminal cases an ordinary witness with respect to the right against
2. Civil cases self-incrimination?
3. Administrative cases
4. Impeachment A:
5. and other legislative investigations that possess a ACCUSED ORDINARY WITNESS
criminal or penal aspect Can refuse to take the Cannot refuse to take the
witness stand altogether witness stand; can only
XPN: Private investigations done by private by invoking the right refuse to answer specific
individual (BPI vs. CASA, GR.No.149454, May 28, against self-incrimination
questions which would
2004). incriminate him in the
commission of an offense
Q: When is a question incriminating? Q: What is the scope of the Privilege against Self-
incrimination?

The letters were admitted in evidence and Jez was

A: This constitutional privilege has been defined as a convicted. On appeal, Jezs counsel Zenia argued
protection against testimonial compulsion, but this that the signing of Jezs and her co-accuseds names
has since been extended to any evidence was not a mere mechanical act but one which
communicative in nature acquired under required the use of intelligence and therefore
circumstances of duress (People v. Olvis, G.R. No. constitutes self-incrimination. Is there a violation of
71092, Sept. 30, 1987) the accuseds right against self-incrimination?
What is prohibited is the use of physical or moral A: None. The purpose for securing the signature of
compulsion to extort communication from the petitioner on the envelopes was merely to
witness or to otherwise elicit evidence which would authenticate the envelopes as the ones seized from
not exist were it not for the actions compelled from him. Moreover, when the signatures of the accused
the witness. were affixed, such signatures were actually evidence
of admission obtained from the petitioner and his co-
Q: Do re-enactments violate a person's right against accused under circumstances constituting custodial
self-incrimination? investigation. Under the Constitution, among the
rights of a person under custodial investigation is the
A: Yes. A person who is made to re-enact a crime may right to have competent and independent counsel
rightfully invoke his privilege against self- preferably of his own choice and if the person cannot
incrimination, because by his conduct of acting out afford the services of a counsel, that he must be
how the crime was supposedly committed, he provided with one. It is on this ground that the letters
thereby practically confesses his guilt by action which with the signature of the accused could be rejected
is as eloquent, if not more so, than words. (Marcelo v. Sandiganbayan, G.R.No. 109242, January
26, 1999).
Q: Fiscal Jessa Bernardo petitioned the lower court
to order Art to appear before the former to take Q: Is the right against self-incrimination available to
dictation in Arts own handwriting to determine juridical persons?
whether or not it was Art who wrote certain
documents supposed to be falsified. The lower court A: No. It is not available to juridical persons as it
granted the petition of the fiscal. Art refused what would be a strange anomaly to hold that a state
the fiscal demanded and sought refuge in the having chartered a corporation to make use of certain
constitutional provision of his right against self- franchises, could not, in the exercise of sovereignty,
incrimination. Is Arts contention valid? inquire how these franchises had been employed,
and whether they have been abused, and demand
A: Arts contention is tenable. Under Article III, the production of the corporate books and papers for
Section 17 of the 1987 Constitution, no person that purpose. (Bataan Shipyard and Engineering
shall be compelled to be a witness against Corporation vs. PCG, GR. No. 75885, May 27, 1987)
himself. Since the provision prohibits compulsory
testimonial incrimination, it does not matter whether IMMUNITY STATUTES
the testimony is taken by oral or written. Writing is
not purely a mechanical act because it requires the Q: Distinguish Derivative-Use Immunity from
application of intelligence and attention. The purpose Transactional Immunity.
of the privilege is to avoid and prohibit thereby the A:
repetition and recurrence of compelling a person, DERIVATIVE-USE TRANSACTIONAL
in a criminal or any other case, to furnish the IMMUNITY IMMUNITY
missing evidence necessary for his conviction. Only prevents the Completely protects the
(Bermudez v. Castillo, July 26, 1937; Beltran v. prosecution from using witness from future
Samson, G.R. No. 32025, Sept. 23, 1929) the witness' own prosecution for crimes
testimony, or any related to his or her
Note: There is similarity between one who is compelled to evidence derived from testimony.
produce a private document (Boyd vs. US, 1886), and one the testimony, against
who is compelled to furnish a specimen of his handwriting,
him. However, should
for in both cases, the witness is required to furnish
evidence against himself. the prosecutor acquire
evidence substantiating
Q: During custodial investigation, Jez was asked to the supposed crime
sign letters without the assistance of the counsel. independent of the

BILL OF RIGHTS
witness's testimonythe Q: Lisette and Angela were called before the

witness may then be AGRAVA Board to elicit and determine the
prosecuted for the same. surrounding facts and circumstances of the
assassination of Benigno Aquino Sr. Section 5 of the
same law (P.D. 1886) creating the Board compels a
person to take the witness stand, testify or produce
Does not protect the Gives the witness the evidence, under the pain of contempt if they failed
witness quite as much, most protection from or refused to do so. Lisette and Angela gave their
because here the witness prosecution because that testimonies without having been informed of their
is only protected from witness can never be right to remain silent and that any statement given
future prosecution based prosecuted in the future by them may be used against them. The Board then
on exactly what he or she for any crimes related to used the information from the testimonies of Lisette
says on the witness his or her testimony. and Angela to support the prosecution's case against
stand, and not from any them in Sandiganbayan. The Board contends that
evidence the prosecutor Also known as blanket or the fact that Lisette and Angela testified before the
finds to substantiate the total immunity Board constituted as a valid waiver of their
witness crime. constitutional rights to remain silent and not to be
compelled to be a witness against themselves.
Q: Republic of the Philippines filed a case against 1. Was there a valid waiver of the rights?
Westinghouse Corporation before the US District 2. Are the testimonies of Lisette and Angela
Court due to the belief that Westinghouse contract admissible in court?
for the construction of the Bataan Nuclear power 3. How can the unconstitutional effects be
plant, which was brokered by Herminio Disinis reconciled?
company, had been attended by anomalies. Having
worked as Herminios executive in the latters A:
company for 15 years, the Republic asked Jesus 1. None. In the case at bar, Lisette and Angela were
Disini to give his testimony regarding the case. under the directive of law and under the
compulsion of fear for the contempt powers of
An immunity agreement was entered between Jesus the Board. They were left with no choice but to
and the Republic which Disini undertook to testify provide testimonies before the Board.
for his government and provide its lawyers with
information needed to prosecute the case. Said 2. No, the manner in which testimonies were taken
agreement gave Jesus an assurance that he shall not from Lisette and Angela falls short of the
be compelled to give further testimonies in any constitutional standards both under the due
proceeding other than the present matter. Jesus process clause and under the exclusionary rule.
complied with his undertaking but 18 years after the
Sandiganbayan issued a subpoena against him, 3. As a rule, such infringement of constitutional
commanding to testify and produce documents right renders inoperative the testimonial
before said court in an action filed against Herminio. compulsion, meaning, the witness cannot be
compelled to answer UNLESS a co-extensive
Can Jesus be compelled to testify before the protection in the form of IMMUNITY is offered.
Sandiganbayan? The only way to cure the law of its
unconstitutional effects is to construe it in the
A: No. A contract is the law between the parties. It manner as if IMMUNITY had in fact been offered.
cannot be withdrawn except by their mutual consent. The applicability of the immunity granted by P.D.
In the case at bar, the Republic, through the PCGG, 1886 cannot be made to depend on a claim of
offered Jesus not only criminal and civil immunity but the privilege against self-incrimination which the
also immunity against being compelled to testify in same law practically strips away from the
any proceeding other than the civil and arbitration witness. (Galman vs. Pamaran, G.R. Nos. 71208-
cases identified in the agreement, just so he would 09, Aug. 30, 1985)
agree to testify. When the Republic entered in such
Note: Sec. 5, P.D. 1886, grants merely immunity from use of
agreement, it needs to fulfill its obligations honorably
any statement given before the AGRAVA Board, but not
as Jesus did. The government should be fair. (Disini v.
immunity from prosecution by reason or on the basis
Sandiganbayan, G.R. No. 180564, June 22, 2010) thereof. (ibid.)

Q: What is the effect of denial of privilege against A: A penalty is degrading if it exposes a person to
self-incrimination? public humiliation. (ex. Being tarred and feathered,
then paraded throughout town)
A: When the privilege against self-incrimination is
violated outside of court, say, by the police, then the Q: What are the standards used to determine if the
testimony, as already noted, is not admissible under penalty is cruel and inhuman?
the exclusionary rule. When the privilege is violated
by the court itself, that is, by the judge, the court is A:
ousted of its jurisdiction, all its proceedings are null 1. The punishment must not be so severe as to be
and void, and it is as if no judgment has been degrading to the dignity of human beings
rendered.(Chavez v. CA, G.R. No. L-29169, Aug. 19, 2. It must not be applied arbitrarily
1968) 3. It must not be unacceptable to contemporary
society
INVOLUNTARY SERVITUDE AND POLITICAL 4. It must not be excessive, and it must serve a
PRISONERS penal purpose more effectively than a less
severe punishment would
Q: What is involuntary servitude? 5. Excessive fine, or one which is disproportionate
to the offense
A: It is the condition where one is compelled by force,
coercion, or imprisonment, and against his will, to Note: Mere severity does not constitute cruel or inhuman
labor for another, whether he is paid or not. punishment. To violate constitutional guarantee, penalty
must be flagrant and plainly oppressive, disproportionate
to the nature of the offense as to shock the senses of the
GR: No involuntary servitude shall exist.
community.
XPNs:
NON-IMPRISONMENT FOR DEBTS
1. Punishment for a crime for which the party
has been duly convicted
Q: What is the coverage of this section?
2. Personal military or civil service in the
interest of national defense
A:
3. In naval enlistment, a person who enlists in a
1. Debt any civil obligation arising from contract
merchant ship may be compelled to remain
2. Poll tax a specific sum levied upon any person
in service until the end of a voyage
belonging to a certain class without regard to
4. Posse comitatusor the conscription of able-
property or occupation (e.g. Community tax)
bodied men for the apprehension of
criminals
Note: A tax is not a debt since it is an obligation arising
5. Return to work order issued by the DOLE from law. Hence, its non-payment maybe validly punished
Secretary or the President with imprisonment. Only poll tax is covered by the
6. Minors under patria potestas are obliged to constitutional provision.
obey their parents
If an accused fails to pay the fines imposed upon him, this
EXCESSIVE FINES AND CRUEL AND may result in his subsidiary imprisonment because his
INHUMAN PUNISHMENTS liability is ex delicto and not ex contractu.
Q: If the debtor contracted the debt through fraud,

Q: What are the punishments covered?
may he be imprisoned?
A: Cruel, degrading, and inhuman form, extent, and
A: Generally, a debtor cannot be imprisoned for
duration punishments
failure to pay his debt. However, if he contracted his
debt through fraud, he can be validly punished in a
Q: When is a penalty cruel and inhuman?
criminal action as his responsibility arises not from
the contract of loan but from commission of a crime.
A: A penalty is cruel and inhuman if it involves torture
(Lozano v. Martinez, G.R. No. L-63419, Dec.18, 1986)
or lingering suffering. (ex. Being drawn and
quartered)
DOUBLE JEOPARDY
Q: When is a penalty degrading?
Q: What is Double Jeopardy?

BILL OF RIGHTS
A: When a person was charged with an offense and complaint or information, and plea of guilty to a
the case was terminated by acquittal or conviction or lesser offense was made without the consent of
in any other manner without his consent, he cannot prosecutor or offended party. (People v. Judge
again be charged with the same or identical offense. Villarama, G.R. No. 99287, June 23, 1992).
(Melo v.People, G.R. No. L-3580, Mar. 22, 1950).
Q: Jet was convicted for Reckless Imprudence
Q: What is the reason for the rule? Resulting in Slight Physical Injuries. Can he still be
prosecuted for Reckless Imprudence Resulting in
A: It is a safeguard against a second prosecution for Homicide and Damage to Property arising from the
the same offense. Without the rule on double same incident?
jeopardy, an accused will be at the mercy of the
complainant and his witnesses thereby subjecting A: No. The doctrine that reckless imprudence under
him to a never ending charge which the malice of the Article 365 is a single quasi-offense by itself and not
complaining witnesses might hold indefinitely merely a means to commit other crimes such that
suspended over his head. (Julia vs. Sotto, GR. No. conviction or acquittal of such quasi-offense bars
1044, May 15, 1903) subsequent prosecution for the same quasi-offense,
regardless of its various resulting acts. Reason and
Q: What are the two types of double jeopardy? precedent both coincide in that once convicted or
acquitted of a specific act of reckless imprudence, the
A: accused may not be prosecuted again for that same
1. No person shall be twice put in jeopardy of act. For the essence of the quasi offense of criminal
punishment for the same offense negligence under Article 365 of the Revised Penal
2. If an act is punished by a law and an ordinance, Code lies in the execution of an imprudent or
conviction or acquittal under either shall negligent act that, if intentionally done, would be
constitute a bar to another prosecution for the punishable as a felony. The law penalizes thus the
same act negligent or careless act, not the result thereof. The
gravity of the consequence is only taken into account
Q: When will double jeopardy attach? to determine the penalty, it does not qualify the
substance of the offense. And, as the careless act is
A: single, whether the injurious result should affect one
1. The first jeopardy must have attached prior to person or several persons, the offense (criminal
the second negligence) remains one and the same, and can not
2. The first jeopardy must have been validly be split into different crimes and prosecutions. (Jason
terminated Ivler y Aguilar v. Hon. Maria Rowena Modesto-San
3. The second jeopardy must be for the commission Pedro, G.R. No. 172716, November 17, 2010)
of the same offense or the second offense must
include or is necessarily included in the first Q: Allan was charged with a criminal case in the
information, or is an attempt to commit the court. He was arraigned and he pleaded not guilty.
same or a frustration thereof Later the prosecution moved to dismiss the case.
The counsel for the accused wrote No Objection at
Q: What is the Doctrine of Supervening Event? the bottom of the prosecutors motion. The court
granted the motion and dismissed the case against
A: It allows the prosecution of another offense if Allan. A year after Allan was charged for the same
subsequent development changes the character of case. May Allan invoke the right against double
the first indictment under which he may have already jeopardy?
been charged or convicted.
A: No. The act of the Allans counsel in writing No
Q: Will the conviction of an accused bar another Objection constituted an express consent to the
prosecution for an offense which necessarily termination within the meaning of Sec. 9 of Rule 117
includes the offense originally charged? Rules of Court. He could not thereafter revoke that
conformity since the court had already acted upon it
A: No. Conviction will not bar prosecution for another by dismissing the case. X was bound by his counsels
offense if the graver offense developed due to consent to the dismissal. (People v. Pilpa, G.R. No. L-
supervening facts arising from the same act or 30250, Sept. 22, 1977)
omission, facts constituting the graver offense arose
or discovered only after the filing of the former

Q: Two policemen were charged before the A: No, There was no double jeopardy, the
Sandiganbayan for the death of two men. However, proceedings that took place before was a sham and a
the prosecution was ordered to amend the mock trial which resulted in the denial of the States
information and the accused were arraigned anew right to due process. (Galman vs. Sandiganbayan, GR.
and consequently convicted. Were they placed in No. 72670, Sept. 12, 1986)
double jeopardy?
Q: What are the requisites of double jeopardy?
A: No. The first requirement for jeopardy to attach
that the information were valid has not been A:
complied with. (Herrera v. Sandiganbayan, G.R. Nos. 1. Court of competent jurisdiction
119660-61, Feb. 13, 2009) 2. A Complaint or Information sufficient in form and
substance to sustain a conviction
Q: If the first case was dismissed due to insufficiency 3. Arraignment and plea by the accused;
of evidence without giving the prosecution the 4. Conviction, acquittal, or dismissal of the case
opportunity to present its evidence, has jeopardy without the express consent of the accused. (Sec
attached? 7, Rule 117, Rules of Court; People v. Obsania,
G.R. No. L-24447, June 29, 1968)
A: The first jeopardy has not yet attached. There is no
question that four of the five elements of legal MOTIONS FOR RECONSIDERATION AND APPEALS
jeopardy are present. However, the last element
valid conviction, acquittal, dismissal or termination of Q: When may the court grant a new trial or
the case is wanting since the right to due process reconsideration?
was violated. (People v. Dumlao, G.R. No. 168918,
Mar. 2, 2009) A: At any time before a judgment of conviction
becomes final, the court may on motion of the
Q: Upon arraignment, Arwin pleaded not guilty to accused, or on its own instance with the consent of
the charge of serious physical injuries. Then days the accused, grant a new trial or reconsideration.
later, the victim died. Hence, the Fiscal moved for (Rule 121, Sec. 1 of the Revised Rules of Criminal
the amendment of the information so as to charge Procedure)
the accused with the crime of homicide. The accused
objected on the ground that he had been put in Q: What is a motion for reconsideration?
jeopardy of being convicted of the crime of serious
physical injuries; and that another prosecution for A: It is a motion generally filed by the accused
homicide for the same act under the amended whereby he seeks the modification of the conclusions
information would constitute double jeopardy. If of the court in the judgment of conviction on the
you were the judge, how would you resolve the basis of what is already on record. It does not call for
motion? Explain. (1984 BAR QUESTION, Political Law the introduction of evidence unlike in new trial.
Reviewer, Suarez, 2011). (Pineda, The Revised Rules of Criminal Procedure,
2006 ed., 536-537)
A: There is no double jeopardy and the motion of the
accused should be therefore be denied. His plea was Q: Who may appeal?
only with respect to the charge of physical injuries
but not with respect to the crime of homicide. A: Any party may appeal from a judgment or final
order, unless the accused will be placed in double
Q: After a long and protracted trial, the accused jeopardy. (Rule 122, Sec. 1 of the Revised Rules of
involved in the murder of then Senator Benigno S. Criminal Procedure)
Aquino were acquitted by an independent
commission whose members were appointed by Note: The authority to represent the State in appeals of
then President Ferdinand E. Marcos. After the EDSA criminal cases before the Supreme Court and the CA is
People Power Revolution, a commission presided by solely vested in the Office of the Solicitor General (OSG).
retired Justice Conrado Vasquez, appointed by then
To be sure, in criminal cases, the acquittal of the accused or
President Corazon C. Aquino, recommended the re-
the dismissal of the case against him can only be appealed
opening of the Galman-Aquino murder case. Was by the Solicitor General, acting on behalf of the State. The
there double jeopardy? private complainant or the offended party may question
such acquittal or dismissal only insofar as the civil liability of
the accused is concerned.

BILL OF RIGHTS
In a special civil action for certiorari filed under Section 1, EX POST FACTO LAW AND
Rule 65 of the Rules of Court wherein it is alleged that the BILL OF ATTAINDER
trial court committed a grave abuse of discretion
amounting to lack of jurisdiction or on other jurisdictional
Q: What are the kinds of ex post facto law?
grounds, the rules state that the petition may be filed by
the person aggrieved. In such case, the aggrieved parties
are the State and the private offended party or A: It can be a law that:
complainant. The complainant has an interest in the civil 1. Makes an act, which was innocent when done,
aspect of the case so he may file such special civil action criminal and punishes such action
questioning the decision or action of the respondent court 2. Aggravates a crime or makes it greater than
on jurisdictional grounds. In so doing, complainant should when it was committed
not bring the action in the name of the People of the 3. Changes the punishment and inflicts a greater
Philippines. The action may be prosecuted in name of said punishment than the law annexed to the crime
complainant (Bautista & Alcantara v. Cuneta-Pangilinan,
when it was committed
G.R. No. 189754, Oct. 24, 2012).
4. Alters the legal rules of evidence and receives
less or different testimony than the law required
Q: May the prosecution appeal an acquittal?
at the time of the commission of the offense in
order to convict the defendant
A:
5. Assumes to regulate civil rights and remedies
GR: The prosecution may not appeal an acquittal and
only. In effect imposes penalty or deprivation of
an acquittal is immediately final
a right for something which when done was
lawful
XPNs:
6. Deprives a person accused of a crime of some
1. The dismissal is on motion or with the
lawful protection to which he has become
express consent of the accused
entitled, such as the protection of a former
XPN to the XPN: If motion is based on
conviction or acquittal, or a proclamation of
violation of the right to a speedy trial or
amnesty
on demurrer to evidence
Q: What is a bill of attainder?
2. The dismissal does not amount to an
acquittal or dismissal on the merits
A: A bill of attainder is a legislative act that inflicts
3. The question to be passed upon is purely
punishment without trial, its essence being the
legal
substitution of legislative fiat for a judicial
4. The dismissal violates the right of due
determination of guilt.(People vs. Ferrer)
process of the prosecution
5. The dismissal is made with grave abuse of
Note: It is only when a statute applies either to a named
discretion. individuals or easily ascertainable members of a group in
such a way as to inflict punishment on them without a
DISMISSAL WITH CONSENT OF ACCUSED judicial trial that it becomes a bill of attainder.
Q: When is the defense of double jeopardy not Q: What are the two kinds of bill of attainder?
available?
A:
A: 1. Bill of attainder proper (legislative imposition of
GR: Double jeopardy is not available when the case is the death penalty)
dismissed other than on the merits or other than by 2. Bill of pains and penalties (imposition of a lesser
acquittal or conviction upon motion of the accused penalty).
personally, or through counsel, since such dismissal is
regarded as with express consent of the accused, who Q: Carlos was charged with illegal possession of
is therefore deemed to have waived the right to plea firearms. When Carlos committed the offense, the
double jeopardy. governing law was PD 1866, which provided for the
penalty of reclusion temporal to reclusion perpetua.
XPNs: However, while the case was pending, PD 1866 was
1. Dismissal based on insufficiency of evidence amended by RA 8294, which reduced the penalty to
2. Dismissal because of denial of accuseds prision correccional but increasing the amount of
right to speedy trial fine. If Carlos is convicted, which penalty shall be
3. Accused is discharged to be a State witness imposed?

A: R.A. 8294 is the applicable law. As a general rule,

penal laws should not have retroactive application,
lest they acquire the character of an ex post facto
law. An exception to this rule, however, is when the
law is advantageous to the accused. Although an
additional fine of P15,000.00 is imposed by R.A. 8294,
the same is still advantageous to the accused,
considering that the imprisonment is lowered to
prision correccional in its maximum period from
reclusion temporal in its maximum period to reclusion
perpetua under P.D. 1866.
Hence, R.A. 8294 should be applied, without

prejudice to the application of the Indeterminate
Sentence Law. (Valeroso v. People, G.R. No. 164815,
Feb. 22, 2008)

CITIZENSHIP
CITIZENSHIP 1. By birth
a. Jus sanguinis acquisition of citizenship on
Q: What is citizenship? the basis of blood relationship.
b. Jus soli acquisition of citizenship on the
A: It is membership in a political community which is basis of the place of birth.
personal and more or less permanent in character. 2. By naturalization the legal act of adopting an
alien and clothing him with the privilege of a
Q: Who are citizens of the Philippines? native-born citizen.
3. By marriage
A:
1. Those who are Filipino citizens at the time of the Note: Jus sanguinis and naturalization are the modes
adoption of the 1987 Constitution: followed in the Philippines.
a. Those who are citizens under the Treaty of
Paris; Q: What are the statutory formalities in selecting
b. Those declared citizens by judicial Philippine citizenship?
declaration applying the jus soli principle,
before Tio Tam v. Republic, 25 Apr. 1957, A:
G.R. No. L-9602. 1. A statement of election under oath
c. Those who are naturalized in accordance 2. An oath of allegiance to the Constitution and
with law. (Act 2927) Government of the Philippines; and
d. Those who are citizens under the 1935 3. Registration of the statement of election and of
Constitution. the oath with the nearest civil registry
e. Those who are citizens under the 1973 .(Balgamelo Cabiling Ma, et al. vs. Commissioner
Constitution. Alipio F. Fernandez, Jr., et al. G.R. No. 183133,
July 26, 2010
2. Those whose fathers or mothers are Filipino
citizens Q: Is it the registration of the act of election that
3. Those born before January 17, 1973, of Filipino confers Filipino citizenship?
mothers, who elect Philippine citizenship upon
reaching the age of majority; A: No. It is not the registration of the act of election,
although a valid requirement under Commonwealth
Note: Time to elect: within 3 years from reaching the Act No. 625 that will confer Philippine citizenship on
age of majority. the petitioners. It is only a means of confirming the
fact that citizenship has been claimed. In other
4. Those naturalized in accordance with law. (Sec.1, words, the actual exercise of Philippine citizenship for
Art. IV, 1987 Constitution) over half a century by the petitioners is actual notice
to the Philippine public, which is equivalent to formal
Q: What is the Caram Rule? registration of the election of Philippine citizenship.
(Balgamelo Cabiling Ma, et al. vs. Commissioner
A: Under the 1935 Constitution, those born in the Alipio F. Fernandez, Jr., et al. G.R. No. 183133, July 26,
Philippines of foreign parent, who before the 2010)
adoption of the Constitution had been elected to
public office, are considered Filipino citizens. Q: When should the registration of documents of
(Chiongbian v. de Leon, G.R. No. L-2007, Jan. 31, election be allowed beyond the time frame?
1949)
A: It should be allowed if in the meanwhile positive
The 1935, Constitution, during which regime FPJ had acts of citizenship have been done publicly,
seen first light, confers citizenship to all persons consistently and continuously. These acts constitute
whose fathers are Filipino citizens regardless of constructive registration. (Balgamelo Cabiling Ma, et
whether such children are legitimate or illegitimate. al. vs. Commissioner Alipio F. Fernandez, Jr., et al. G.R.
(Tecson v. COMELEC, G.R. No. 161434, Mar. 3, 2004) No. 183133, July 26, 2010)
MODES OF ACQUIRING CITIZENSHIP Q: Is the failure to register the election of

citizenship in the civil registry defeat the election
Q: What are the modes of acquiring citizenship? and negate the permanent fact that petitioners have
a Filipino mother?
A:

A: No. Having a Filipino mother is permanent. It is profession or lawful occupation that can support
the basis of the right of the petitioners to elect himself and his family.
Philippine citizenship. (Balgamelo Cabiling Ma, et al.
vs. Commissioner Alipio F. Fernandez, Jr., et al. G.R. 5. Speaks and writes English or Filipino and any
No. 183133, July 26, 2010) principal Philippine dialects (as amended by Sec.
6 Art. XIV); and
NATURALIZATION AND DENATURALIZATION
6. Enrolled minor children in any public or private
Q: What is naturalization? school recognized by the government where
Philippine history, government and civics are
A: Naturalization signifies the act of formally taught as part of the curriculum, during the
adopting a foreigner into the political body of a entire period of residence prior to hearing of
nation by clothing him or her with the privileges petition.
of a citizen
Q: Who are disqualified from Judicial Naturalization
Q: Give the modes of becoming a citizen by (C.A. No. 473)?
naturalization.
A:
A: 1. Persons opposed to organized government or
1. Administrative naturalization pursuant to R.A. affiliated with any association or group of
No. 9139 persons which uphold and teach doctrines
2. Judicial naturalization pursuant to C.A. No. 473, opposing all organized governments
as amended 2. Persons defending or teaching necessity or
3. Legislative naturalization in the form of a law propriety of violence, personal assault or
enacted by Congress bestowing Philippine assassination for the success or predominance of
citizenship to an alien. (So v. Rep., G.R. No. their ideas
170603, Jan. 29, 2007) 3. Polygamists or believers of polygamy
4. Persons suffering from mental alienation or
Q: State the qualifications for Judicial Naturalization incurable contagious disease
(C.A. No. 473) 5. Persons convicted of crime involving moral
turpitude
A: 6. Persons who, during residence in the Philippines,
1. Not less than 18 years of age on the date of have not mingled socially with Filipinos, or did
hearing the petition (as amended by R.A. 6809) not evince sincere desire to learn and embrace
customs, traditions and ideals of Filipinos
2. Resided in the Philippines for not less than 10 7. Citizens or subjects of nations with whom the
years; may be reduced to 5 years, if; Philippines is at war, during the period of such
a. Honorably held office in the Philippines war
b. Established new industry or introduced a 8. Citizens or subjects of a foreign country whose
useful invention laws do not grant Filipinos the right to become
c. Married to a Filipino woman naturalized citizens or subjects thereof (no
d. Engaged as teacher in Philippine public or reciprocity)
private school not established for exclusive
instruction of a particular nationality or race, Q: State the qualifications for Administrative
or in any branches of education or industry naturalization (R.A. No. 9139)?
for a period of not less than 2 years; and
e. Born in the Philippines A:
1. The applicant must be born in the Philippines and
3. Character residing therein since birth;
1. Good moral character 2. The applicant must not be less than eighteen (18)
2. Believes in the Constitution years of age, at the time of filing of his/her
3. Conducted himself in an irreproachable petition;
conduct during his stay in the Philippines 3. The applicant must be of good moral character
and believes in the underlying principles of the
4. Owns real estate in the Philippines not less than Constitution, and must have conducted
P5,000 in value; or has some lucrative trade, himself/herself in a proper and irreproachable

CITIZENSHIP
manner during his/her entire period of residence 7. Citizens or subjects with whom the Philippines is
in the Philippines in his relation with the duly at war, during the period of such war; and
constituted government as well as with the 8. Citizens or subjects of a foreign country whose
community in which he/she is living; laws do not grant Filipinos the right to be
4. The applicant must have received his/her naturalized citizens or subjects thereof.
primary and secondary education in any public
school or private educational institution dully Q: Distinguish judicial from administrative
recognized by the Department of Education, naturalization.
Culture and Sports, where Philippine history,
government and civics are taught and prescribed A:
as part of the school curriculum and where C.A. No. 473 R.A. No. 9139
enrollment is not limited to any race or Judicial act Administrative act
nationality: Provided, That should he/she have Covers all aliens Applies only to aliens who
minor children of school age, he/she must have regardless of class were born in
enrolled them in similar schools; the Philippines and have
5. The applicant must have a known trade, been residing here.
business, profession or lawful occupation, from Less tedious, less technical
which he/she derives income sufficient for and more encouraging.
his/her support and if he/she is married and/or
has dependents, also that of his/her family: An alien who is not qualified
Provided, however, That this shall not apply to under R.A. No. 9139 may
applicants who are college degree holders but still be naturalized under
are unable to practice their profession because C.A. No. 473
they are disqualified to do so by reason of their (So v. Rep., G.R. No. 170603, January 29, 2007)
citizenship;
6. The applicant must be able to read, write and Q: Differentiate a Direct naturalization from
speak Filipino or any of the dialects of the Derivative naturalization.
Philippines; and
7. The applicant must have mingled with the A:
Filipinos and evinced a sincere desire to learn DIRECT DERIVATIVE
and embrace the customs, traditions and ideals NATURALIZATION NATURALIZATION
of the Filipino people. Is effected: Is conferred:
1. By individual 1. On the wife of the
Q: Who are disqualified for Administrative proceedings, usually naturalized husband
naturalization (RA No. 9139)? judicial, under 2. On the minor
general children of the
A: naturalization laws naturalized parent
1. Those opposed to organized government or 2. By specific act of the 3. On the alien woman
affiliated with any association of group of legislature, often in upon marriage to a
persons who uphold and teach doctrines favor of national
opposing all organized governments; distinguished 4. The unmarried child
2. Those defending or teaching the necessity of or foreigners who have whether legitimate,
propriety of violence, personal assault or rendered some illegitimate or
assassination for the success or predominance of notable service to adopted, below 18
their ideas; the local state years of age, of
3. Polygamists or believers in the practice of 3. By collective change those who re-
polygamy; of nationality acquire Philippine
4. Those convicted of crimes involving moral (naturalization en citizenship upon
turpitude; masse) as a result of effectivity of R.A.
5. Those suffering from mental alienation or cession or 9225 shall be
incurable contagious diseases; subjugation deemed citizens of
6. Those who, during the period of their residence 4. In some cases, by the Philippines.
in the Philippines, have not mingled socially with adoption of orphan
Filipinos, or who have not evinced a sincere minors as nationals
desire to learn and embrace the customs, of the State where
traditions and ideals of the Filipinos; they are born

Note: Derivative naturalization does not always follow as a 2. If the ground is personal, the wife and children
matter of course, for it is usually made subject to stringent shall retain citizenship.
restrictions and conditions. Our own laws, for instance,
provide that an alien woman married to a Filipino shall
DUAL CITIZENSHIP AND DUAL ALLEGIANCE
acquire his citizenship only if she herself might be lawfully
naturalized.
Q: Distinguish dual citizenship from dual allegiance.
Q: What are the effects of naturalization?
A:
A: DUAL CITIZENSHIP DUAL ALLEGIANCE
ON THE WIFE Arises when, as a result of Refers to the situation
Vests citizenship on the wife who might herself be concurrent application of where a person
lawfully naturalized; She need not prove her the different laws of two simultaneously owes,
qualifications but only that she is not disqualified. or more States, a person by some positive act,
(Moy Ya Lim Yao v. Comm. of Immigration, G.R. No. L- is simultaneously loyalty to two or more
21289, Oct. 4, 1971.) considered a citizen of States.
said states.
ON THE MINOR CHILDREN
Involuntary Result of an individuals
Born in the Philippines
volition and is
Automatically becomes a citizen
prohibited by the
Born Abroad
Constitution.
Before the naturalization of the father
If residing in the Phil. At the Automatically
LOSS AND RE-ACQUISITION OF PHILIPPINE
time of naturalization becomes a citizen.
CITIZENSHIP
If not residing in the Phil. At GR: Considered citizen
the time of naturalization only during minority Q: What are the grounds for loss of Philippine
citizenship?
XPN: He begins to
reside permanently in A:
the Phil. 1. Naturalization in a foreign country; or
After parents naturalization 2. Express renunciation of citizenship (expatriation);
Considered Filipino, or
provided registered as such before any Phil. consulate
within 1 year after attaining majority age and takes Note: The mere application or possession of an alien
oath of allegiance. certificate of registration does not amount to
renunciation (Mercado v. Manzano, G.R. No. 135083,
Q: What are the grounds for denaturalization? May 26, 1999).
A: 3. Subscribing to an oath of allegiance to the

1. Naturalization certificate obtained fraudulently constitution or laws of a foreign country upon
or illegally attaining 21 years of age; or
2. If, within 5 years, he returns to his native country
Note: Citizens may not divest citizenship when the
or to some foreign country and establishes
Philippines is at war.
residence therein
3. Naturalization obtained through invalid
4. Rendering service to or accepting commission in
declaration of intention
the armed forces of a foreign country; or
4. Minor children failed to graduate through the
fault of parents either by neglecting support or Note: It shall not divest a Filipino of his citizenship if:
by transferring them to another school (a) the Philippines has a defensive and/or offensive
5. Allowing himself to be used as a dummy. pact of alliance with the said foreign country; (b) the
said foreign country maintains armed forces in the
Q: What are the effects of denaturalization? Philippine territory with its consent provided that at
the time of rendering said service, or acceptance of
A: said commission, and taking the oath of allegiance
1. If ground affects intrinsic validity of proceedings, incident thereto, states that he does so only in
connection with its service to said foreign country.
denaturalization shall divest wife and children of
their derivative naturalization

CITIZENSHIP
5. Cancellation of certificate of naturalization Philippines and registration in the proper civil registry
(Denaturalization); or and in the Bureau of Immigration. The Bureau of
Immigration shall thereupon cancel the pertinent
6. Having been declared by final judgment a alien certificate of registration and issue the
deserter of the armed forces of the Philippines in certificate of identification as Filipino citizen to the
times of war. repatriated citizen.
7. In case of a woman, upon her marriage, to a Q: What is the effect of repatriation?

foreigner if, by virtue of the laws in force in her
husbands country, she acquires his nationality. A: Repatriation results in the recovery of the original
nationality. This means that a naturalized Filipino who
Q: How is citizenship renounced? lost his citizenship will be restored to his prior status
as a naturalized Filipino citizen. On the other hand, if
A: Expressly. (Mercado v. Manzano, G.R. No. 135083, he was originally a natural-born citizen before he lost
May 26, 1999) his Philippine citizenship, he will be restored to his
former status as a natural-born Filipino. (Bengzon v.
Q: Does res judicata set in citizenship cases? HRET and Cruz, G.R. No. 142840, May 7, 2001)
A: Q: What is an example of reacquisition of citizenship

GR: No. by the direct act of congress?
XPN: A: R.A. 9225 also known as the Citizenship Retention

1. Persons citizenship is resolved by a and Re-acquisition Act of 2003, approved on August
court or an administrative body as a 29, 2003 provides that, upon taking the oath of
material issue in the controversy, after a allegiance to the Republic:
full-blown hearing 1. Natural-born citizens of the Philippines who
2. With the active participation of the have lost their naturalization as citizens of a
Solicitor General or his representative; foreign country are deemed to have re-
and acquired Philippine citizenship; and
3. Finding of his citizenship is affirmed by 2. Natural-born citizens of the Philippines who,
the Supreme Court. (Burca v. Republic after the effectivity of said RA, become
G.R. No. L-24252, Jan. 30, 1967) citizens of a foreign country shall retain
their Philippine citizenship.
Q: What are the ways to reacquire citizenship?
Q: What is the effect of re-acquisition of citizenship
A: By: on civil and political rights?
1. Naturalization
2. Repatriation A: Those who retain or re-acquire Philippine
3. Direct act of Congress citizenship shall enjoy full civil and political rights
subject to the following conditions:
Q: Distinguish naturalization from repatriation.
1. Right to vote: must meet the requirements of
A: Section 1, Article V of the Constitution, and of
NATURALIZATION REPATRIATION Republic Act No. 9189 (The Overseas Absentee
Nature Voting Act of 2003) and other existing laws;
A mode of acquisition Mode of reacquisition of
and reacquisition of Philippine Ccitizenship 2. Elective Public Office:
Philippine citizenship i. Possess qualification for holding such public
As to process office as required by the Constitution and
Very cumbersome and Simpler process existing laws
tedious ii. Make a personal and sworn renunciation of
any and all foreign citizenship before any
Q: How is repatriation effected? public officer authorized to administer an
oath, at the time of the filing of the
A: Repatriation shall be effected by taking the certificate of candidacy.
necessary oath of allegiance to the Republic of the

iii. Appointive Public Office - subscribe and 3. Members of Congress (Secs. 3 and 6, Art VI)
swear to an oath of allegiance to the 4. Justices of Supreme Court and lower collegiate
Republic of the Philippines and its duly courts (Sec. 7(1), Art VIII)
constituted authorities prior to their 5. Ombudsman and his deputies (Sec. 8, Art XI)
assumption of office: Provided, That they 6. Members of Constitutional Commissions
renounce their oath of allegiance to the 7. Members of the Central Monetary Authority
country where they took that oath; (Sec. 20, Art XII)
8. Members of the Commission on Human Rights
Note: That right to vote or be elected or appointed to (Sec 17 (2), Art XIII)
any public office in the Philippines cannot be exercised
by, or extended to, those who: Q: Are persons possessing dual citizenship by virtue
a. are candidates for or are occupying any public
of birth barred from running for public office?
office in the country of which they are
naturalized citizens; and/or
b. are in active service as commissioned or non- A: No, the fact that a person has dual citizenship does
commissioned officers in the armed forces of not disqualify him from running for public office.
the country which they are naturalized (Cordora v. COMELEC, G.R. No. 176947, Feb. 19, 2009)
citizens.(R.A. 9225)
Q: Dahlia, a naturalized US citizen, sought to
iv. Practice of profession: apply with the proper reacquire her Philippine citizenship. She took her
authority for a license or permit to engage in oath of allegiance to the Republic of the Philippines
such practice (R.A. 9225). before the Vice Consul. She then ran and won as
Vice Mayor of a municipality. The COMELEC,
NATURAL-BORN CITIZENS AND PUBLIC OFFICE however, disqualified her on the ground that she
failed to renounce her US citizenship.
Q: Who are natural-born citizens?
Is Dahlia disqualified from running as a candidate in
A: the local elections for her failure to make a personal
1. Citizens of the Philippines from birth without and sworn renunciation of his US citizenship?
having to perform any act to acquire or perfect
their Philippine citizenship A: Yes. Section 5(2) of R.A. 9225 (on the making of a
personal and sworn renunciation of any and all
2. Those born before January 17, 1973 of Filipino foreign citizenship) requires the Filipinos availing
mothers, who elect Philippine citizenship upon themselves of the benefits under the said Act to
reaching the age of majority accomplish an undertaking other than that which
they have presumably complied with under Section 3
Note: The term Natural-born citizens, is define to include thereof (oath of allegiance to the Republic of the
those who are citizens of the Philippines from birth Philippines). There is little doubt, therefore, that the
without having to perform any act to acquire or perfect intent of the legislators was not only for Filipinos
their Philippine citizenship. [Tecson vs. COMELEC, GR. No.
reacquiring or retaining their Philippine citizenship
161434, Mar. 3, 204)
under R.A. 9225 to take their oath of allegiance to the
Republic of the Philippines, but also to explicitly
Q: What is the rule regarding marriage of a Filipino
renounce their foreign citizenship if they wish to run
with an alien?
for elective posts in the Philippines. To qualify as a
candidate in Philippine elections, Filipinos must only
A:
have one citizenship, namely, Philippine citizenship.
GR: The Filipino retains Philippine citizenship.
The oath of allegiance contained in the Certificate of
XPN: If, by their act or omission they are
Candidacy, does not constitute the personal and
deemed, under the law, to have renounced
sworn renunciation sought under Section 5(2) of R.A.
it. (Sec.4, Art. IV, 1987 Constitution)
No. 9225. It bears to emphasize that the said oath of
allegiance is a general requirement for all those who
Q: Who are the government officials required to be
wish to run as candidates in Philippine elections;
natural-born Filipino citizens?
while the renunciation of foreign citizenship is an
additional requisite only for those who have retained
A:
or reacquired Philippine citizenship under R.A. No.
1. President (Sec.2, Art VII)
9225 and who seek elective public posts, considering
2. Vice-President (Sec. 3, Art VII)

CITIZENSHIP
their special circumstance of having more than one

citizenship. (Jacot v. Dal, G.R. No. 179848, Nov.27,
2008)
Q: Art is a naturalized citizen of another country

who reacquires Filipino citizenship. On the other
hand, Christian possesses dual citizenship by birth.
If they desire to run for elective public office, what
requirement must they comply as regards their
citizenship?
A: Art must comply with the requirements set in R.A

9225. Sec 5(3) of R.A. 9225 states that naturalized
citizens who reacquire Filipino citizenship and desire
to run for public office shall make a personal and
sworn renunciation of any and all foreign citizenship
before any public officer authorized to administer an
oath aside from the oath of allegiance prescribed in
Section 3 of R.A. 9225.
Christian need not comply with the twin

requirements of swearing an oath of allegiance and
executing a renunciation of foreign citizenship
because he is a natural-born Filipino who did not
subsequently become a naturalized citizen of another
country. It is sufficed, if upon the filing of his
certificate of candidacy, he elects Philippine
citizenship to terminate his status as person with dual
citizenship considering that his condition in the
unavoidable consequence of conflicting laws of
different States. (Cordora v. COMELEC, G.R. No.
176947, Feb. 19, 2009)
Q: Is filing by a person with dual citizenship of a

certificate of candidacy, containing an oath of
allegiance, constituted as a renunciation of his
foreign citizenship under R.A. No. 9225?
A: No. the filing of a certificate of candidacy does

not ipso facto amount to a renunciation of his foreign
citizenship because R.A. No. 9225 provides for more
requirements. It requires the twin requirements of
swearing to an Oath of Allegiance and executing a
Renunciation of Foreign Citizenship. (Roseller De
Guzman vs. Commission on Elections, et al., G.R. No.
180048, June 19, 2009)

LAW ON PUBLIC OFFICERS 4. It is personal to the public officer.
GENERAL PRINCIPLES It is not a property transmissible to the heirs of

the public officer upon the latters death. (Santos
Q: Define public office. v. Secretary of Labor, G.R. No.L-21624, Feb 27,
1968;)
A: It is the right, authority, and duty created and
conferred by law, by which for a given period, either 5. It is not a natural right.
fixed by law or enduring at the pleasure of the
creating power, an individual is invested with some Under our political system, the right to hold
portion of the sovereign functions of the public office exists only because and by virtue of
government, to be exercised by him for the benefit some law expressly or impliedly creating and
of the public (Fernandez v. Sto. Tomas, G.R. No. conferring it.
116418, Mar. 7, 1995).
Q: How are public offices created?
Q: What is the purpose of a public office?
A: By: VAT
A: A public office is created to effect the end for 1. The Constitution
which government has been instituted which is the 2. Valid statutory enactments
common good; not profit, honor, or private interest 3. Authority of law (Secretary of Department of
of any person, family or class of persons (63 A Am Jur Transportation and Communications v. Mabalot,
2d 667) G.R. No. 138200, Feb. 27, 2002)
Q: What are the characteristics of a public office? Q: What are the elements of a public office?
A: A: PILAC
1. It is a public trust. 1. Created by Constitution or by law or by some
body or agency to which the power to create the
The principle of public office is a public trust office has been delegated;
means that the officer holds the public office in 2. Invested with Authority to exercise some portion
trust for the benefit of the peopleto whom such of the sovereign power of the State
officers are required to be accountable at all 3. The powers conferred and the duties to be
times, and to serve with utmost responsibility, discharged must be defined directly or impliedly
loyalty, and efficiency, act with patriotism and by the Legislature or through legislative
justice, and lead modest lives. (Sec. 1, Art. XI, authority;
Constitution) 4. Duties are performed Independently without
control unless those of a subordinate.
2. It is not a property. 5. Continuing and Permanent (Fernandez v. Sto.
Tomas, G.R. No. 116418, Mar. 7, 1995; Tejada v.
The concept "public office is not a property Domingo, G.R. No. 91860, Jan. 13, 1992)
means that it is outside the commerce of man;
hence, it cannot be the subject of a contract. Q: What are the differences between public office
(Santos v. Secretary of Labor, G.R. No.L-21624, and public contract?
Feb 27, 1968)
PUBLIC
PUBLIC CONTRACT
3. It is not a vested right. OFFICE
As to Incident of Originates from the
Note: However, right to a public office is nevertheless a creation sovereignty will of the
protected right. With the exception of constitutional contracting parties,
offices that provide for some immunity as regards subject to the
salary and tenure, right to a public office is protected limitations imposed
by the constitutional provision on security of tenure. It
by law.
cannot be taken from its incumbent without due
process. (Morfe v. Mutuc,G.R. No. L-20387, Jan. 31,
As to Has for its Imposes obligations
1968; Aparri v. Court of Appeals, G.R. No. L-30057, Jan. persons object the only upon persons
31, 1984) affected carrying out of who entered the
sovereign as same.

LAW ON PUBLIC OFFICERS
well as Q: What are the distinctions between career service

governmental and non-career service?
functions
affecting even CAREER SERVICE NON-CAREER SERVICE
persons not
Entrance is based on Entrance is based on
bound by
merits and fitness, which qualifications other than
contract
is determined by merit and fitness.
As to Embraces the Is almost always competitive examination
subject idea of tenure, limited in its (except for non-
matter duration, and duration and competitive positions) or
and scope continuity, specific in its based on highly technical
and the duties objects. Its terms qualifications
connected define and limit the
therewith are rights and
There is opportunity for No such opportunity
generally obligations of the
advancement to a higher
continuing parties, and neither
career position
and may depart
There is security of Tenure is limited to a
permanent. therefrom without
tenure period specified by law,
the consent of the
coterminous with the
other.
appointing authority or
subject to his pleasure,
Q: Who is a public officer?
or which is limited to the
duration of a particular
A: Any person who, by direct provision of law,
purpose (Jocom v.
popular election or appointment by competent
Regalado, G.R. No.
authority, shall take part in the performance of
77373, Aug. 22, 1991).
public functions in the government of the Philippine
Islands, or shall perform in said Government or in any
Q: President Benigno Aquino III issue Executive
of its branches, public duties as an employee, agent,
Order No. 1 creating the Philippine Truth
or subordinate official, of any rank or class. (Art. 203,
Commission (PTC). The legality of the creation of
Revised Penal Code)
the PTC was assailed before the Supreme Court. The
petitioners contend that the PTC is a public office
Note: Under Sec 2. R.A. 3019, the term public officer
includes elective and appointive officials and employees, and thus the president is without authority to
permanent or temporary, whether in the classified, create it. It was further contended that the creation
unclassified or exempt service, receiving compensation, of a public office lies within the province of the
even nominal, from the government. legislature. The Office of the Solicitor General (OSG)
countered that the creation of a fact-finding body
Q: What are the classifications of a public officer? like the PTC is covered by the Presidents power of
reorganization under the Administrative Code and
A: A public officer may be: the Presidents power of control. The OSG likewise
1. Constitutional or statutory contends that Congress has delegated to the
2. National or local President the power to create public offices by
3. Legislative, executive, or judicial virtue of P.D. 1416, as amended by P.D. 1772.
4. Lucrative or honorary
5. Discretionary or ministerial Does the creation of the PTC fall within the ambit of
6. Appointive or elective the power to reorganize as expressed in Section 31
7. Civil or military of the Revised Administrative Code?
8. De jure or de facto
A: No. The provision refers to reduction of personnel,
Q: What are the classifications of government consolidation of offices, or abolition thereof by
employment and distinguish the same? reason of economy or redundancy of functions. This
A: refers to situations where a body or an office is
1. Career Service already existent but a modification or alteration
2. Non-career Service thereof has to be effected. The creation of an office
is nowhere mentioned, much less envisioned in said

provision. To say that the PTC is borne out of a and enforcement of the laws of the land. (Ibid.)
restructuring of the Office of the President under
Section 31 is a misplaced supposition, even in the Note: The SC, however, declared the creation of PTC as
plainest meaning attributable to the term unconstitutional for violating the equal protection clause.
restructure-an alteration of an existing structure.
Evidently, the PTC was not part of the structure of MODES OF ACQUIRING TITLE TO PUBLIC OFFICE
the Office of the President prior to the enactment of
Executive Order No. 1. (Biraogo v. Philippine Truth Q: What are the modes of filling up public offices?
Commission of 2010, G.R. No. 192935, December 7,
2010) A: Public offices are filled up either by:
1. Appointment
Q: Is the creation of the PTC justified by the 2. Election
Presidents power of control. 3. Designation the mere imposition of new or
additional duties upon an officer to be performed
A: No, control is essentially the power to alter or by him in a special manner.
modify or nullify or set aside what a subordinate 4. In some instances by contract or by some other
officer had done in the performance of his duties and modes authorized by law. (Preclaro v.
to substitute the judgment of the former with that of Sandiganbayan, G.R. No. 111091, Aug. 21, 1995)
the latter. Clearly, the power of control is entirely
different from the power to create public offices. The Note: A public office, being a trust or agency created for
former is inherent in the Executive, while the latter the benefit of the people, can be obtained only in the
manner prescribed by the Constitution or by law. (The Law
finds basis from either a valid delegation from
on Public officers by Hector S. De Leon, 2008 edition,
Congress, or his inherent duty to faithfully execute Chapter 3, page 48)
the laws. (Ibid.)
The manner of selecting persons for public office is
Q: What then could be the justification for the generally by election or by appointment. (63A Am. Jur. 2d
Presidents creation of the PTC? 733)
A: The creation of the PTC finds justification under MODES AND KINDS OF APPOINTMENT
Section 17, Article VII of the Constitution, imposing
upon the President the duty to ensure that the laws Q: What is the meaning of Appointment?
are faithfully executed. The Presidents power to
conduct investigations to aid him in ensuring the A: Appointment is the act of designation by the
faithful execution of laws in this case, fundamental executive officer, board or body to whom that power
laws on public accountability and transparency is has been delegated, of the individual who is to
inherent in the Presidents powers as the Chief exercise the powers and functions of a given office.
Executive. That the authority of the President to In this sense, it is to be distinguished from the
conduct investigations and to create bodies to selection or designation by a popular vote.
execute this power is not explicitly mentioned in the [Borromeo v. Mariano, G.R. No. L-16808, Jan. 3,
Constitution or in statutes does not mean that he is 1921; F. MECHEM, A Treaties on the Law of Public
bereft of such authority. and Officers, p.42 (1890)]
The Executive is given much leeway in ensuring that It refers to the nomination or designation of an
our laws are faithfully executed. The powers of the individual to an office. (Borromeo v Mariano, G.R. No.
President are not limited to those specific powers L-16808, Jan. 3, 1921)
under the Constitution. One of the recognized
powers of the President granted pursuant to this It is, in law, equivalent to filling a vacancy. (Conde
constitutionally-mandated duty is the power to v. National Tobacco Corp., G.R. No. L-11985 Jan. 28,
create ad hoc committees. This flows from the 1961)
obvious need to ascertain facts and determine if the
laws have been faithfully executed. It should be Q: Distinguish between Appointment and
stressed that the purpose of allowing ad hoc Designation.
investigating bodies to exist is to allow an inquiry into
matters which the President is entitled to know so APPOINTMENT DESIGNATION
that he can be properly advised and guided in the It is the selection by the It merely connotes the
performance of his duties relative to the execution proper authority of an imposition of additional

individual who is to duties, usually by law, A:

exercise the functions upon a person who is 1. Permanent Extended to a person who meets all
of a given office. already in public service the requirements for the position to which he is
by virture of an earlier being appointed, including the appropriate
appointment or election. eligibility required, for the position and thus
It connotes It implies temporariness enjoys security of tenure.
permanency and therefore does not
confer upon the designee Under Section 25(a) of the Civil Service Decree, an
security of tenure. appointment in the civil service is permanent
when issued to a person who meets all the
Q: Who has the power to appoint? requirements for the position to which he is being
appointed, including the appropriate eligibility
A: prescribed, in accordance with the provisions of
1. Inherently belongs to the people. It belongs to law, rules and standards promulgated in
where the people have chosen to place it by their pursuance thereof. It lasts until lawfully
Constitution or laws. [63A Am. Jur. 2d 738]. terminated
2. Entrusted to designated elected and appointed
public officials. The appointment of public 2. Temporary Extended to a person who may not
officials is generally looked upon as properly possess the requisite qualifications or eligibility
belonging to the executive department. and is revocable at will without necessity of just
Appointments may also be made by Congress or cause or investigation. However, if the
the courts, but when so made should be taken as appointment is for a specific period, the
an incident to the discharge of functions within appointment may not be revoked until the
their respective spheres. [Government v. Springer, expiration of the term.
50 Phil. 259 (1927), affirmed in Springer v.
Government, 277 U.S. 189, 72 Ed. 845, 48 S.CT. Under the Civil Service Decree, an appointment in
480 (1928)]. the civil service is temporary when the appointee
does not possess civil service eligibility.
Note: The general rule is that the appointing power is the Subsequent acquisition of the required eligibility
exclusive prerogative of the President, upon which no will not make a temporary appointment regular
limitations may be imposed by Congress, except those permanent.
resulting from the need of securing the concurrence of the
Commission of Appointments and from the exercise of the Note: Temporary appointments shall not exceed 12
limited power to prescribe the qualifications or months. Acquisition of civil service eligibility will not
disqualifications to a given appointive office. (Rafael v. automatically convert the temporary appointment into
Embroidery and Apparel Control and Inspections Board, a permanent one (Prov. Of Camarines Sur v. CA, G.R.
G.R. No. L-19978, Sep. 29, 1967). Where the law is silent as No. 104639, July 14, 1995).
to who is the appointing authority, it is understood to be
the President of the Philippines.
3. Regular appointment one made by the President
Absent any contrary statutory provision, the power to while the Congress is in session, which takes
appoint carries with it the power to remove or discipline. effect only after confirmation by the Commission
[Aguirre, Jr. v. De Castro, G.R. No. 127631, Dec. 17, 1999]. on Appointment and, once approved, continues
until the end of the term of the appointee.
Q: Is appointees acceptance of the office necessary
to the completion or validity of appointment? 4. Ad interim appointment one made by the
President while Congress is not in session, which
A: No. Where there is no express provision of the takes effect immediately, but ceases to be valid if:
law to the contrary, it is not necessary. a. disapproved by the Commission on
Appointments; or
Note: However, acceptance is necessary to enable the b. upon the next adjournment of Congress,
appointee to have FULL possession, enjoyment, and either in regular or special session (inaction by
responsibility of an office. (Borromeo v Mariano, G.R. No. L- the CA).
16808, Jan. 3, 1921; Lacson v. Romero, G.R. No. L-3081,
Oct. 14, 1949)
Purpose: Ad interim appointments are intended to
prevent a hiatus in the discharge of official duties.
Q: What are the classifications of appointments?
Obviously, the public office would be immobilized to

the prejudice of the people if the President had to Q: What is a provisional appointment?
wait for Congress and the Commission of
Appointments to reconvene before he could fill a A: It is one which may be issued, upon the prior
vacancy occurring during the recess. (Guevara v. authorization of the Commissioner of the Civil
Inocentes, G.R. No. L-25577, Mar. 15, 1966) Service Commission, to a person who has not
qualified in an appropriate examination but who
Nature: Ad interim appointments are permanent otherwise meets the requirements for appointment
appointments. It is permanent because it takes effect to a regular position in the competitive service,
immediately and can no longer be withdrawn by the whenever a vacancy occurs and the filling thereof is
President once the appointee qualified into office. necessary in the interest of the service and there is
The fact that it is subject to confirmation by the CA no appropriate register of eligibles at the time of
does not alter its permanent character. In cases appointment. (Jimenea v. Guanzon, G.R. No. L-24795,
where the term of said ad interim appointee had Jan. 29, 1968)
expired by virtue of inaction by the Commission on
Appointments, he may be reappointed to the same Q: Distinguish between a provisional and a
position without violating the Constitutional temporary appointment.
provision prohibiting an officer whose term has
expired from being re-appointed (Matibag v. PROVISIONAL
TEMPORARY APPOINTMENT
Benipayo, G.R. No. 130657, Apr. 1, 2002). APPOINTMENT
Issued to a person to a Issued prior to
Being a permanent appointment, an ad interim position needed only for a authorization of CSC
appointee pending action by the Commission on limited period
Appointments enjoys security of tenure. Not to exceed 12 months/no Regular position in the
(Marombhosar v. CA, G.R. No. 126481, Feb. 18, 2000) definite tenure and is meantime that no
dependent on the pleasure of suitable eligible qualify
Q: Can the President submit to the Commission on the appointing power for the position
Appointments an appointment for confirmation Meets all requirements for Has not qualified in an
when it does not need the consent of the same? position except civil service appropriate
eligibility examination but
A: No. Sec. 16 Art. VII of the Constitution made an otherwise meets
exclusive enumeration of the appointments to be requirements for
made by the President that need to be approved by appointments
the said Commission. It is only for those
Note: Provisional appointments in general have already
appointments that consent of the Commission is
been abolished by R.A. No. 6040. However, it still applies
needed. with regard to teachers under the Magna Carta for Public
School Teachers.
Q: Distinguish regular, ad interim, temporary appointments and designation?
TEMPORARY or DESIGNATION
REGULAR AD INTERIM
ACTING
Made when Made when Congress is NOT Those which last until a The mere imposition of new or
Congress is in in session permanent additional duties upon an officer to
session appointment is issued. be performed by him in a special
manner while he performs the
function of his permanent office.
Made only after Made before such Cannot be validly The officer is already in service by
the nomination is confirmation confirmed by the CA virtue of an earlier appointment,
confirmed by CA because there was no performing other functions.
valid nomination.
Continues until the Shall cease to be valid if May be terminated at Maybe terminated anytime
expiration of the disapproved by CA or upon the pleasure of
term the next adjournment of appointing power
Congress. (Sec. 16, Art. VII, without hearing or
Constitution) cause.

Q: What is the nature of an "acting appointment" to the position. Otherwise, it would be encroaching
a government office? Does such appointment give upon the discretion of the appointing power.
the appointee the right to claim that the (Medalla v. Sto. Tomas, G.R. 94255, May 5, 1992)
appointment will, in time, ripen into a permanent
one? Explain. Q: What is the concept of protest to appointment?
A: According to Sevilla v. CA, G.R. No. 88498, June 9, A: Any person who feels aggrieved by the
1992, an acting appointment is merely temporary. As appointment may file an administrative protest
held in Marohombsar v. Alonto, G.R. No. 93711, Feb. against such appointment. Protests are decided in
25, 1991, a temporary appointment cannot become a the first instance by the Department Head, subject to
permanent appointment, unless a new appointment, appeal to the CSC.
which is permanent, is made.
The protest must be for a cause (i.e. appointee is not
It is well-settled that one who holds a temporary or qualified; appointee was not the next-in-rank;
acting appointment has no fixed tenure of office, and, unsatisfactory reasons given by the appointing
therefore, his enjoyment can be terminated at the authority in making the questioned appointment).
pleasure of the appointing power even without The mere fact that the protestant has the more
hearing or cause. (Erasmo v. Home Insurance & impressive resume is not a cause for opposing an
Guaranty Corporation, G.R. No. 139251. Aug. 29, appointment (Aquino v. CSC, G.R. No. 92403, April 22,
2002). However, if the acting appointment was made 1992).
because of a temporary vacancy, the temporary
appointee holds office until the assumption of office Q: What is the concept of revocation and recall
by the permanent appointee. In such case, the of appointment?
appointing authority cannot use the acting
appointment as a justification in order to evade or A: Where an appointment requires the approval of
avoid the security of tenure principle provided for the CSC, such appointment may be revoked or
under the Constitution and the Civil Service Law. withdrawn by the appointing authority any time
(Gayatao v. Civil Service Commission, G.R. No. 93064, before the approval by the CSC. After an appointment
June 22, 1992). is completed, the CSC has the power to recall an
appointment initially approved on any of the
Q: Distinguish between an "appointment in an following grounds:
acting capacity" extended by a Department 1. Non-compliance with procedures/criteria in merit
Secretary from an ad interim appointment extended promotion plan;
by the President. 2. Failure to pass through the selection board;
3. Violation of existing collective relative agreement
A: An appointment in an acting capacity extended by to promotion;
a Department Secretary is temporary. Hence, the 4. Violation of CSC laws, rules and regulations
Department Secretary may terminate the services of (Debulgado v. CSC, G.R. No. 111471, Sept. 26,
the appointee at any time. 1994)
On the other hand, an ad interim appointment ELIGIBILITY AND QUALIFICATION REQUIREMENTS

extended by the President is an appointment which is
subject to confirmation by the Commission on Q: What are the requirements for public office?
Appointments and was made during the recess of
Congress. As held in Summers v. Ozaeta (G.R. No. L- A:
1534, Oct. 24, 1948), an ad interim appointment is 1. Eligibility It is the state or quality of being legally
permanent. fit or qualified to be chosen.
2. Qualification This refers to the act which a
Q: Can the CSC revoke an appointment by the person, before entering upon the performance of
appointing power and direct the appointment of an his duties, is by law required to do such as the
individual of its choice? taking, and often, subscribing and filing of an
official oath, and, in some cases, the giving of an
A: No. The CSC cannot dictate to the appointing official bond. It may refer to:
power whom to appoint. Its function is limited to a. Endowments, qualities or attributes which
determining whether or not the appointee meets the make an individual eligible for public office,
minimum qualification requirements prescribed for (e.g. citizenship); or

b. The act of entering into the performance of the disqualifications that it has to provide qualification
functions of a public office, (i.e. taking oath of for office.
office).
However, Congress may not add disqualification
Note: To entitle a public officer to hold a public office, he where the Constitution has provided them in such a
must possess all the qualifications and none of the way as to indicate intention that the disqualifications
disqualifications prescribed by law for the position not only provided shall embrace all that are to be permitted.
at the time of his election or appointment but also during
Moreover, when the Constitution has attached a
his incumbency.
disqualification to the holding of any office, Congress
cannot remove it under the power to prescribe
Q: What are the formal requirements of public
qualifications as to such offices as it may create. (46
officers?
C.J. 936-937)
A:
1. Citizenship
Q: When does the right of the public officer to enter
2. Age
in office perfected?
3. Residence
4. Education
A: Upon his oath of office, it is deemed perfected.
5. Suffrage
Only when the public officer has satisfied this
6. Civil service examination
prerequisite can his right to enter into the position be
7. Ability to read and write
considered complete. Until then, he has none at all,
8. Political affiliation as a rule, it is not a qualification
and for as long as he has not qualified, the holdover
XPN: in Party-List, Membership in the
officer is the rightful occupant. (Lecaroz v.
Electoral Tribunal, Commission on
Sandiganbayan, G.R. No. 130872, Mar. 25, 1999)
Appointment
Note: The qualifications for public office are continuing

requirements and must be possessed not only at the time DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS
of appointment or election or assumption of office but
during the officers entire tenure. Once any of the required Q: State the prohibitions imposed under the 1987
qualification is lost, his title may be reasonably challenged. Constitution against the holding of 2 or more
(Frivaldo V. COMELEC, G.R. No. 87193, June 23, 1989; Labo positions.
v. COMELEC, G.R. No. 86564 August 1, 1989; Aguila v.
Genato, G. R No. L-55151, Mar. 17, 1981) A:
A. Members of Congress shall not:
Q: Who has the power to prescribe qualifications? 1. Appear as counsel before any court, electoral
tribunal, or quasi-judicial and other administrative
A: Congress is generally empowered to prescribe the bodies;
qualifications for holding public office, provided it 2. Shall not be interested in any contract with, or in
does not exceed thereby its constitutional powers or any franchise, or special privilege granted by the
impose conditions of eligibility inconsistent with Government, or any subdivision, agency or
constitutional provisions. (De Leon, Law on Public instrumentality thereof, including GOCCs, or its
Officers 2008 ed.) subsidiary;
3. Shall not intervene in any matter before any office
Q: When is Congress without power to prescribe of the Government for his pecuniary benefit or
qualifications? where he may be called upon to act on account of
his office
A: When the office is created by the Constitution.
Congress has no power to require qualifications other B. The President, Vice President, Members of the
than those qualifications specifically set out in the Cabinet, and their deputies or assistants, unless
Constitution. Such Constitutional criteria are otherwise allowed by the Constitution, shall not:
exclusive. (De Leon, Law on Public Officers 2008 ed.) 1. Directly or indirectly practice any other
profession;
Q: What is the rule regarding the power of Congress 2. Participate in any business, or be financially
to prescribe disqualifications? interested in any contract with, or in any
franchise, or special privilege granted by the
A: In the absence of constitutional inhibition, Government, or any subdivision, agency or
Congress has the same right to provide instrumentality thereof, including GOCCs, or its

subdivisions; shall avoid conflict of interest in the Q: State the two classes of office which a member of
conduct of their office Congress is disqualified to hold under Article VI,
Section 13 of the constitution.
C. Members of the Constitutional Commission shall
not: A:
1. Hold any other office or employment or engage in 1. Incompatible Office
the practice of any profession or in the active 2. Forbidden Office
management or control of any business that may
be affected by the functions of his office; Note: See further discussion under Legislative Department
chapter.
2. Be financially interested, directly or indirectly, in
any contract with, or in any franchise, or special
Q: What is the rule against the appointment of
privilege granted by the Government, or any
members of the official family of the President?
subdivision, agencies or instrumentalities
including GOCCs, or their subsidiaries. These shall
A: The spouses and relatives by consanguinity or
also apply to the Ombudsman and his deputies th
affinity within the 4 civil degree of the President
during his term.
shall not be appointed as members of the
Constitutional Commissions, Office of the
D. Unless otherwise allowed by law or by the primary
Ombudsman, or as Secretaries, Undersecretaries,
functions of his position, no appointive official shall
chairmen or heads of bureaus or offices, including
hold any other office or employment in the
GOCCs and their subsidiaries during his tenure. (Sec.
Government or any subdivision, agency or
13, Art. VII, Constitution)
instrumentality thereof, including GOCCs or their
subsidiaries. (Art. IX B, Sec. 7; Flores vs. Drilon, G.R.
Q: What are the exceptions to the rule against
No. 104732 June 22, 1993)
holding 2 or more positions by public officers, as
allowed by the Constitution?
E. No member of the armed forces in the active
service shall, at any time, be appointed or designated
A: The Vice-President being appointed as a member
in any capacity to a civilian position in the
of the Cabinet under Section 3, par. (2), Article VII; or
government including GOCCs or any of their
acting as President in those instances provided under
subsidiaries. (Art XVI Sec. 5 par. 4)
Section 7, pars. (2) and (3), Article VII; and, the
Secretary of Justice being ex-officio member of the
Q: What are the grounds for disqualification to hold
Judicial and Bar Council by virtue of Section 8 (1),
office?
Article VIII.
A:
Note: The Supreme Court held that while all other
1. Mental or physical incapacity appointive officials in the Civil Service are allowed to hold
2. Misconduct or commission of a crime other office or employment in the government during their
3. Impeachment tenure when such is allowed by law or by the primary
4. Removal or suspension from office functions of their positions, members of the Cabinet, their
5. Previous tenure of office deputies and assistants may do so only when expressly
6. Consecutive terms exceeding the allowable authorized by the Constitution itself. (Civil Liberties Union v
number of terms Executive Secretary, 194 SCRA 317)
7. Holding more than one office (except ex officio)
8. Relationship with the appointing power Q: What are the other prohibitions imposed on
(nepotism) public officers?
9. Office newly created or the emoluments of which
have been increased (forbidden office) A:
10. Being an elective official (Flores v Drilon, G.R. No. 1. Prohibition against solicitation of gifts (Sec. 7(d),
104732, June 22, 1993) R.A. No. 6713)
11. Losing candidate in the election within 1 year
Note: Public officers, however, may accept the
following the date of election (prohibitions from
following gifts from foreign governments:
office not employment); and a. Gifts of nominal value received as souvenir or mark
12. Grounds provided for under the local of courtesy;
government code. b. Scholarship or fellowship grant or medical
treatment;
c. Travel grants or expenses for travel outside the
Philippines (Sec. 7(d), R.A. No. 6713)

2. Prohibition against partisan political activities (Sec. A: While the Constitution recognizes the right of
2(4), Art. IX(B), Constitution) public employees to organize, they are prohibited
from staging strikes, demonstrations, mass leaves,
Note: Partisan political activity is an act designed to walk-outs and other forms of mass action which may
promote the election or defeat of a particular result to temporary cessation of work or disturbance
candidate/s to a public office. It is also known as of public service. Their right to self-organization is
electioneering (Sec. 79, Omnibus Election Code).
limited only to form unions or to associate without
including the right to strike. Labor unions in the
3. Prohibition against engaging in strike (Social government may bargain for better terms and
Security System Employees Assn. v. CA, G.R No. conditions of employment by either petitioning the
85279, Jul 28,1989). Congress for better terms and conditions, or
4. Restriction against engaging in the practice of law negotiating with the appropriate government
(Sec. 90, R.A. No. 7160) agencies for the improvement of those not fixed by
5. Prohibition against practice of other professions law. (SSS Employees Assn. v. CA, G.R No. 85279, July
(Sec. 90, R.A. No. 7160) 28,1989)
6. Restriction against engaging in private business
(Abeto v. Garces, A.M. No. P-88-269, Dec. 29, Q: Does the election or appointment of an attorney
1995) to a government office disqualify him from engaging
7. Restriction against accepting certain employment in the private practice of law?
(Sec. 7(b), R.A. No. 6713)
A: As a general rule, judges, other officials of the
Q: Can appointive officials engage in partisan superior courts, of the office of the Solicitor General
political activities? and of other Government prosecution offices; the
President; Vice-President, and members of the
A: No. Officers or employees in the Civil Service cabinet and their deputies or assistants; members of
including members of the Armed Forces cannot constitutional commissions; and civil service officers
engage in such activity except to vote. They shall not or employees whose duties and responsibilities
use their official authority or influence to coerce the require that their entire time be at the disposal of the
political activity of any person (Sec. 55, Subtitle A, government are strictly prohibited from engaging in
Title I, Book V, 1987 Administrative Code). the private practice of law. (Ruben E. Agpalo, Legal
th
Ethics, 6 1997 ed., pp.42 et. seq.)
Note: Officers and employees in the Civil Service can
nonetheless express their views on current political issues
and mention the names of the candidates they support. Q: Combo, a lawyer, is also a member of the
Legislature. Is Combo absolutely prohibited from
Q: What kind of public officers may engage in engaging the private practice of law?
partisan political activities?
A: No. He is only prohibited from appearing as
A: counsel before any court of justice or before the
1. Those holding political offices, such as the Electoral Tribunals, or quasi-judicial and other
President of the Philippines, Vice President of the administrative bodies. The word appearance includes
Philippines; Executive Secretary/ Department not only arguing a case before any such body but also
Secretaries and other Members of the Cabinet; All filing a pleading on behalf of a client such as filing a
other elective officials at all levels; and those in motion, plea or answer. Neither is his name allowed
the personal and confidential staff of the above to appear in such pleadings by itself or as part of a
officials. firm name under the signature of another qualified
lawyer. (Ruben E. Agpalo, Administrative Law, Law on
Note: However, it shall be unlawful for them to solicit Public Officers and Election Law, 2005 ed., p. 410)
contributions from their subordinates or subject them
to any of the acts involving subordinates prohibited in Q: Under the Local Government Code, can the
the Election Code. members of Sanggunian engage in the practice of
law?
2. National, provincial, city and municipal elective
officials. (Santos v. Yatco, G.R. No. L- 16133, Nov. A: GR: Yes.
6, 1959)
XPNs:
1. Cannot appear as counsel in any civil case
Q: Describe the extent of the right to self-
where in a local government unit or any
organization of employees in the public service?

office, agency or instrumentality of the connection with any matter before the office he used
Govt. is the adverse party; to be with, in which case the one-year prohibition shall
2. Cannot appear as counsel in any criminal likewise apply.
case wherein an officer or employee of the
national or local Govt. is accused of an POWERS AND DUTIES OF PUBLIC OFFICERS
offense committed in relation to his office;
3. Shall not collect any fee for their Q: What powers may be exercised by public
appearance in administrative proceeding officers?
involving the LGU of which he is an official;
and A:
4. May not use property and personnel of the 1. Expressly conferred upon him by the Act
Govt., except when defending the interest appointing him;
of the Govt. 2. Expressly annexed to the office by law;
3. Attached to the office by common law as incidents
Q: Under the Local Government Code, what are the to it.
prohibitions against the practice of other
professions? Note: In general, the powers and duties of public officers
are prescribed by the Constitution or by statute or both.
Public officers have only those powers expressly granted or
A: necessarily implied by law. If broader powers are desirable,
1. Local Chief Executives (governors, city and they must be conferred by the proper authority. They
municipal mayors) are prohibited from practicing cannot merely be assumed by administrative officers, nor
their profession can they be created by the courts in the proper exercise of
2. Sanggunian members may practice their their judicial functions. (63A Am. Jur. 2d 883)
profession, engage in any occupation, or teach in
schools except during session hours Q: What is the Doctrine of Necessary Implication?
3. Doctors of medicine may practice their profession
even during official hours of work in cases of A: All powers necessary for the effective exercise of
emergency provided that they do not derive the express powers are deemed impliedly granted.
monetary compensation therefrom. (Pimentel v. COMELEC, G.R. No. L-53581, Dec. 19,
1980)
Q: What are the prohibitions under RA 6713 or Code
of Conduct and Ethical Standards for Public Officials Q: Is there any protection in the exercise of this
and Employees? power?
A: A: Yes. A public officer has some measures of

1. Prohibition against financial and material interest immunity and he would not incur liabilities provided
- directly or indirectly having any financial or he does an act within the scope of his authority and
material interest in any transaction requiring the in good faith. (Sanders v. Veridiano II,G.R. No. L-
approval of their office. 46930, June 10, 1988)
2. Prohibition against outside employment and
other activities related thereto - owning, Q: What are the kinds of duties of public officers?
controlling, managing or accepting employment
as officer, employee, consultant, counsel, broker, MINISTERIAL DISCRETIONARY
agent, trustee or nominee in any private Discharge is imperative Public officer may do
enterprise regulated, supervised or licensed by and it must be done by whichever way he wants
their office. the public officer provided it is in
3. Engaging in the private practice of their accordance with law and
profession not whimsical
4. Recommending any person to any position in any Can be compelled by Cannot be compelled by
private enterprise which has a regular or pending mandamus mandamus except when
official transaction with their office. there is grave abuse of
discretion
Note: These prohibitions shall continue to apply for a Can be delegated Cannot be delegated
period of one year after resignation, retirement, or unless otherwise
separation from public office, except in the case of
provided by law
subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in

Q: What is the Doctrine of Ratification? When is it 5. Maternity leave

not applicable? 6. Retirement pay
7. Longevity pay
A: It provides that, although the acts of a public 8. Pension
office may not be binding on the State because he 9. Self-organization
has exercised his powers defectively, his acts may be 10. Protection of temporary employees.
ratified.
Q: Can the de jure officer recover the salary received
The doctrine does not apply where: by the de facto officer?
1. There is a want of power in the public officer to
perform the original act. A: Yes. As a rule, the rightful incumbent of the public
2. An act which was absolutely void at the time it office may recover from a de facto officer the salaries
was done. received by the latter during the time of the latter's
3. If the principal himself could not lawfully have wrongful tenure even though he entered into the
done the act, or office in good faith and under a colorable title. The de
4. If it could not have lawfully been done by facto officer takes the salaries at his risks and must
anyone. (De Leon, Law on Public Officers 2008 therefore account to the de jure officer for the
ed.) amounts he received. However, where there is no de
jure officer, a de facto officer shall be entitled to the
Q: What are the duties of public officers? salaries and emoluments accruing during the period
when he actually discharged the duties. (Monroy v.
A: To: CA, G.R. No. L-23258, Jul 1, 1967)
1. Be accountable to the people;
2. Serve the people with utmost responsibility, Note: The de facto doctrine has been formulated, not for
integrity, and efficiency; the protection of the de facto officer principally, but rather
3. Act with patriotism and justice and to lead for the protection of the public and individuals who get
involved in the official acts of persons discharging the duties
modest lives;
of an office without being lawful officers.
4. Submit a declaration under oath of his assets,
liabilities, and net worth upon assumption of
Q: May the salary of a public officer or employee be
office and as often thereafter as may be required
subject to garnishment? Why?
by law;
5. Owe the State and the Constitution allegiance at
A: No. It may not, by garnishment, attachment, or
all times.
order of execution, be seized before being paid to
Q: What are the reasons for the imposition of the him, and appropriated for the payment of his debts,
duty to disclose financial records? because of the following reasons:
1. While it is still in the hands of the disbursing
A: To: officer, it belongs to the government;
1. Maintain public confidence in the Government 2. Public policy forbids such practice since it would
and in public officials and employees; be fatal to the public service; and
2. Avoid conflicts of interest from arising; 3. It would be tantamount to a suit against the State
3. Deter corruption; in its own court, which is prohibited except with
4. Provide the citizens with information concerning its consent. (De Leon, Law on Public Officers 2008
a public officers financial affairs and thus enable ed.)
them to better judge his integrity and fitness for
office (De Leon, Law on Public Officers 2008 ed.) Q: State the rule regarding prohibition against
diminution of salary.
RIGHTS OF PUBLIC OFFICCERS
A: Under the Constitution, Congress is given the
Q: What are the rights and privileges of public power to fix the salaries of certain constitutional
officers? office ers, but after it has done so, it may not
reduce the salary of any of them during his term or
A: Right to: tenure. This provision is intended to secure their
1. Office independence. (The Law on Public officers by Hector
2. Compensation/salary S. De Leon, 2008 ed., p. 181)
3. Appointment
4. Vacation and sick leave Q: Can public officials avail of the services of the

Solicitor General? Is Valera personally liable to pay moral damages?
A: If the public official is sued for damages arising A: Settled is the principle that a public official may be
out of a felony for his own account, the State is not liable in his personal capacity for whatever damage
liable and the Solicitor General is not authorized to he may have caused by his act done with malice and
represent him therefore. The Solicitor General may in bad faith or beyond the scope of his authority or
only do so in suits for damages arising not from a jurisdiction. In the complaint, the employees stated
crime but from the performance of a public officers that, due to the illegal acts of the Defendant,
duties. (Vital-Gozon v. Court of Appeals, G.R No. Plaintiffs suffered mental torture and anguish,
101428, Aug. 5, 1992) sleepless nights, wounded feelings, besmirched
reputation and social humiliation. The State can
LIABILITIES OF PUBLIC OFFICERS never be the author of illegal acts. The complaint
merely identified Valera as the mayor of Cadiz City. It
Q: What are the Liabilities of a Public Officer? did not categorically state that Valera was being sued
in his official capacity. The identification and mention
A: of Valera as the mayor of Cadiz City did not
GR: A Public officer is not liable for injuries sustained automatically transform the action into one against
by another due to official acts done within the scope Valera in his official capacity. The allegations in the
of authority complaint determine the nature of the cause of
action. (Valera vs. Revalez, G.R. No. 171705, July 29,
XPNs: 2010)
1. Otherwise provided by law;
2. Statutory liability under the Civil Code Q: What are the liabilities of ministerial officers?
(Articles 27, 32, & 34);
3. Presence of bad faith, malice, or A:
negligence; 1. Non-feasance Neglect to perform an act which is
4. Liability on contracts entered into in excess the officer's legal obligation to perform.
or without authority; 2. Misfeasance The failure to observe the proper
5. Liability on tort if the public officer acted degree of care, skill, and diligence required in the
beyond the limits of authority and there is performance of official duty; and
bad faith (United States of America v. 3. Malfeasance Performance of an act which the
Reyes, G.R. No. 79253, Mar. 1, 1993). officer had no legal right to perform.
Note: Absent of any showing of bad faith or malice, every Note: The plaintiff must show: that he has suffered an
public official is entitled to the presumption of good faith as injury, and that it results from a breach of duty which the
well as regularity in the performance or discharge of official officer owed to him.
duties. [Blaquera v. Alcala, G.R. No. 109406, Sept. 11, 1998
Q: What is the doctrine of Command Responsibility?
Q: State the three-fold responsibility/liability of
public officers. A: This doctrine provides that a superior officer is
liable for the acts of his subordinate in the following
A: instances:
1. Criminal liability 1. He negligently or willfully employs or retains
2. Civil liability unfit or incompetent subordinates;
3. Administrative liability 2. He negligently or willfully fails to require his
subordinates to conform to prescribed
Q: The RTC of Cadiz declared void a resolution that regulations;
reorganized the city government and effectively 3. He negligently or carelessly oversees the
purged the city government of Cadiz of all business of the office as to give his subordinates
employees who opposed the mayor politically or the opportunity for default;
disagreed with him in his policies. The RTC ordered 4. He directed, cooperated, or authorized the
the payment of moral damages to the workers, but wrongful act;
it was not clear if the payment was to be made by 5. The law expressly makes him liable. (Sec.38-39,
the city government or by Mayor Valera, in his Chap. 9, Book I, E.O. No. 292, Administrative
personal capacity. The Court held that Valera is Code of 1987)
personally liable to pay moral damages.

Q: What are the grounds for the discipline of public Q: In what instance may a transfer be considered
officers? violative of employees security of tenure?
A: A: When the transfer is a preliminary step toward

1. Dishonesty his removal, or a scheme to lure him away from his
2. Oppression permanent position, or when it is designed to
3. Neglect of duty indirectly terminate his service, or force his
4. Misconduct resignation. Such a transfer would in effect
5. Disgraceful and immoral conduct circumvent the provision that safeguards the tenure
6. Discourtesy in the course of official duties of office of those who are in the Civil Service. (CSC v.
7. Inefficiency and incompetence in the PACHEO, G.R. No. 178021, Jan. 25, 2012)
performance of official duties
8. Conviction of a crime involving moral turpitude Note: Acceptance of a temporary appointment or
9. Being notoriously undesirable assignment without reservation or upon ones own volition
10. Falsification of official documents is deemed waiver of security of tenure (Palmera v. Civil
Service Commission, G.R. No. 110168, Aug.4, 1994).
11. Habitual drunkenness
12. Gambling
13. Refusal to perform official duty or render Q: What is the nature of preventive suspension?
overtime service
14. Physical or mental incapacity due to immoral or A: Preventive suspension is not a penalty by itself; it
vicious habits is merely a measure of precaution so that the
15. Willful refusal to pay just debts or willful failure employee who is charged may be separated from the
scene of his alleged misfeasance while the same is
to pay taxes
being investigated, to prevent him from using his
Q: What is the concept of security of tenure? position or office to influence prospective witnesses
or tamper with the records which may be vital in the
A: It means that no officer or employee in the civil prosecution of the case against him. (Beja v. CA, G.R.
service shall be suspended or dismissed except for a No. 91749, Mar. 31, 1992)
cause provided by law and after due process or after
he shall have been given the opportunity to defend It can be ordered even without a hearing because this
himself. is only preliminary step in an administrative
investigation. (Alonzo v. Capulong, et al., G.R. No.
Note: Once an appointment is issued and completed and 110590, May 10, 1995)
the appointee assumes the position, he acquires a legal
right, not merely an equitable right to the position. Note: When a public officer is charged with violation of the
(Lumigued v. Exevea, G.R. No. 117565, Nov. 18, 1997) Anti-Graft and Corrupt Practices Act or R. A No. 3019, a pre-
suspension hearing is required solely to determine the
Regardless of the characterization of the position held by a applicability of such law and for the accused be given a fair
government employee covered by civil service rules, be it and adequate opportunity to challenge the validity of the
career or non-career position, such employee may not be criminal proceedings against him. This may be done
removed without just cause (Jocom v. Regalado, G.R. No. through various pleadings. (Torres v. Garchitorena, G.R. No.
77373,Aug. 22, 1991). 153666, Dec. 27, 2002)
Q: Discuss the two legal ramifications of Q: What are the periods for preventive suspension?
constitutional guaranty of security of tenure in the Under what law are they imposable?
civil service.
A:
A: The prohibition against suspension or dismissal of 1. For administrative cases:
an officer or employee of the Civil Service except for a. Civil Service Law 90 days
cause provided by law is a guaranty of both b. Local Government Code (R.A. 7160)
procedural and substantive due process. Not only i. Sec.85: 60 days for appointive officials
must removal or suspension be in accordance with (suspension to be imposed by the local
the procedure prescribed by law, but also they can chief executive)
only be made on the basis of a valid cause provided ii. Sec. 63: 60 or 90 days for elective officials
by law. (Land Bank of the Philippines vs. Rowena O. c. Ombudsman Act 6 months
Paden, G.R. No. 157607, July 7, 2009)
2. For criminal cases: Anti-Graft and Corrupt
Practices Act (R.A. 3019) 90 days by

analogy.(Gonzaga vs. Sandiganbayan G.R. No. 2) His suspension must be unjustified (Civil
96131 September 6, 1991) Service Commission v. Cruz GR No. 187858,
Aug. 9,2011)
Note: Service of preventive suspension will not be credited
to the penalty of suspension after having been found guilty Q: What is a disciplinary action?
because they are of different character. If however the
preventive suspension is indefinite wherein his term is
A: It is a proceeding which seeks the imposition of
about to expire and suspension is not lifted such will be
disciplinary sanction against, or the dismissal or
considered unconstitutional for being violated of due
process of law. (Layno, Sr. v. Sandiganbayan, G.R. No. L- suspension of, a public officer or employee on any of
65848, May 24, 1985) the grounds prescribed by law after due hearing.
(Ruben E. Agpalo, Administrative Law, Law on Public
Q: What are the distinctions between preventive Officers and Election Law, 2005 ed., p 416)
suspension pending investigation and pending
appeal? Q: Is appeal available in administrative disciplinary
cases?
PENDING INVESTIGATION PENDING APPEAL
A: It depends on the penalty imposed:
Not a penalty but only a Punitive in character
means of enabling the 1. Appeal is available if the penalty is:
disciplinary authority an a. Demotion
unhampered investigation b. Dismissal, or
c. Suspension for more than 30 days or fine
After the lapse of 90 days, If exonerated, he should
equivalent to more than 30 day salary (P.D.
the law provides that he be reinstated with full
807, Sec.37 par [a]).
be automatically pay for the period of
reinstated suspension
Note: Decisions are initially appealable to the
During such preventive If during the appeal he department heads and then to the CSC.
suspension, the employee remains suspended and Only the respondent in the administrative disciplinary
is not entitled to payment the penalty imposed is case, not the complainant, can appeal to the CSC from
an adverse decision. The complainant in an
of salaries only reprimand, the
administrative disciplinary case is only a witness, and as
suspension pending such, the latter cannot be considered as an aggrieved
appeal becomes illegal party entitled to appeal from an adverse decision.
and he is entitled to back (Mendez v. Civil Service Commission, G. R. No. 95575,
salary corresponding to Dec. 23, 1991)
the period of suspension
2. Appeal is NOT available if the penalty is:
Q: Is a public officer entitled to back wages during a. Respondent is exonerated
his suspension pending appeal when the result of b. Suspension for not more than 30 days
the decision from such appeal does not amount to c. Fine not more than 30 day salary
complete exoneration but carries with it a certain d. Censure
number of days of suspension? e. Reprimand
f. Admonition
A:
GR: No. Although entitled to reinstatement, he is not Note: In the second case, the decision becomes final and
entitled to back wages during such suspension executory by express provision of law.
pending appeal. Only one who is completely
exonerated, or merely reprimanded is entitled to IMMUNITY OF PUBLIC OFFICERS
such back wages. (Sec. of Education, etc. v. CA. G.R.
No. 128559, Oct. 4, 2000) Q: What is Immunity?
XPN: 2 conditions before an employee may be A: It is an exemption that a person or entity enjoys
entitled to back salaries: from the normal operation of the law such as a legal
1) The employee must be found innocent of duty or liability, either criminal or civil.
the charges and
Q: Are public officers immune from liabilities?

A: It is well settled as a general rule that public A: A de jure Officer is one who is in all respects legally
officers of the government, in the performance of appointed or elected and qualified to exercise the
their public functions, are not liable to third persons, office.
either for the misfeasances or positive wrongs, or for
the nonfeasances, negligences, or omissions of duty Q: Who is a de facto officer?
of their official subordinates. (McCarthy vs. Aldanese,
G.R. No. L-19715, March 5, 1923) A: A de facto officer is one who assumed office under
the color of a known appointment or election but
Q: What is the rationale behind official immunity? which appointment or election is void for reasons
that the officer was not eligible, or that there was
A: It promotes fearless, vigorous, and effective want of power in the electing body, or that there was
administration of policies of government. The threat some other defect or irregularity in its exercise,
of suit could also deter competent people from wherein such ineligibility, want of power, or defect
accepting public office. (De Leon, Law on Public being unknown to the public.
Officers 2008 ed.)
Q: Differentiate a de jure officer from a de facto
The immunity of public officers from liability for the officer.
non-feasances, negligence or omissions of duty of
their official subordinates and even for the latters DE JURE OFFICER DE FACTO OFFICER
misfeasances or positive wrongs rests upon obvious Has lawful title to the Has possession and
considerations of public policy, the necessities of the office performs the duties under
public service and the perplexities and a colorable title without
embarrassments of a contrary doctrine. (Alberto V. being technically qualified
Reyes, Wilfredo B. Domo-Ong and Herminio C. in all points of law to act
Principio vs Rural Bank of San Miguel (Bulacan), INC., Holding of office rests Holding of office rests on
G.R. No. 154499, Feb. 27, 2004) on right reputation
Officer cannot be Officer may be ousted in a
Q: When is this doctrine applicable? removed through a direct proceeding against
direct proceeding (quo him
A: This doctrine is applicable only whenever a public warranto)
officer is in the performance of his public functions.
On the other hand, this doctrine does not apply
whenever a public officer acts outside the scope of Q: What are the effects of the acts of de facto
his public functions. officers?
Note: A public officer enjoys only qualified, NOT absolute A:

immunity.
1. The lawful acts, so far as the rights of third
persons are concerned are, if done within the
Q: Distinguish official immunity from State scope and by the apparent authority of the office,
immunity. are considered valid and binding
A: Immunity of public officials is a more limited
2. The de facto officer cannot benefit from his own
principle than governmental immunity, since its status because public policy demands that
purpose is not directly to protect the sovereign, but unlawful assumption of public office be
rather to do so only collaterally, by protecting the discouraged
public official in the performance of his government
function, while, the doctrine of State immunity Note: The general rule is that a de facto officer cannot
principally rested upon the tenuous ground that the claim salary and other compensations for services
king could do no wrong. It served to protect the rendered by him as such. However, the officer may
impersonal body politic or government itself from retain salaries collected by him for services rendered in
tort liability. (The Law on Public Officers by Hector S. good faith when there is no de jure officer claiming the
De Leon, 2008 ed, pp. 259-260) office.
DE JURE AND DE FACTO OFFICERS 3. The de facto officer is subject to the same
liabilities imposed on the de jure officer in the
Q: Who is a de jure officer? discharge of official duties, in addition to
whatever special damages may be due from him

because of his unlawful assumption of office 66, Rules of Court) Omnibus Election Code)
Presupposes that the Petition must be filed
Q: How is a challenge to a de facto officer made? respondent is already within 10 days from
actually holding office the proclamation of
A: and action must be the candidate.
1. The incumbency may not be challenged commenced within 1
collaterally or in an action to which the de facto year from cause of
officer is not a party ouster or from the time
2. The challenge must be made in a direct the right of petitioner to
proceeding where title to the office will be the hold office arose.
principal issue Petitioner is person Petitioner may be any
3. The authorized proceeding is quo warranto entitled to office voter even if he is not
either by the Solicitor General in the name of the entitled to the office.
Republic or by any person claiming title to the Person adjudged Actual or
office entitled to the office compensatory
may bring a separate damages are
QUO WARRANTO action against the recoverable in quo
respondent to recover warranto proceedings
Q: What is quo warranto? damages. (Sec 11, Rule under the Omnibus
66, Rules of Court) Election Code.
A: It is a proceeding or writ issued by the court to
determine the right to use an office, position or Note: If the dispute is as to the counting of votes or on
franchise and to oust the person holding or exercising matters connected with the conduct of the election, quo
such office, position or franchise if his right is warranto is not the proper remedy but an election protest
unfounded or if a person performed acts considered (Cesar v. Garrido, G.R. No. 30705, Mar. 25, 1929).
as grounds for forfeiture of said exercise of position,
office or franchise. Q: What are the differences between a de facto
officer and a mere usurper?
Note: It is commenced by a verified petition brought in the
name of the Republic of the Philippines or in the name of DE FACTO OFFICER USURPER
the person claiming to be entitled to a public office or
position usurped or unlawfully held or exercised by another Complies with the 3 Takes possession of an
(Sec. 1, Rule 66). elements of a de jure office and does official
officer acts without any actual
Q: What is the nature and purpose of quo warranto? or apparent authority
A: It literally means by what authority and the Has color of right or title Has neither color of right
object is to determine the right of a person to the use to office or title to office
or exercise of a franchise or office and to oust the Acts are rendered valid as Acts are absolutely void
holder from its enjoyment, if his claim is not well- to the public until his title
founded, or if he has forfeited his right to enjoy the is adjudged insufficient
office (Tecson v. Comelec, 424 SCRA 227).
Entitled to compensation Not entitled to
Q: Distinguish quo warranto under Rule 66 from quo for services rendered compensation
warranto in electoral proceedings.
Q: AVE ran for Congressman of QU province.
A: However, his opponent, BART, was the one
QUO WARRANTO IN proclaimed as the winner by the COMELEC. AVE filed
QUO WARRANTO seasonably a protest before HRET (House of
ELECTORAL
UNDER RULE 66 Representatives Electoral Tribunal). After two years,
PROCEEDINGS
Issue is legality of the Issue is eligibility of the HRET reversed the COMELECs decision and AVE was
occupancy of the office person elected proclaimed finally as the duly elected Congressman.
by virtue of a legal Thus, he had only one year to serve in Congress.
appointment 1. Can AVE collect salaries and allowances from the
Grounds: usurpation, Grounds: ineligibility or government for the first two years of his term as
forfeiture, or illegal disqualification to hold Congressman?
association (Sec 1, Rule the office (sec 253,

2. Should BART refund to the government the A: To prevent the establishment of political dynasties
salaries and allowances he had received as and to enhance the freedom of choice of the people.
Congressman? (Borja, Jr. v. COMELEC, G.R. No. 133495, Sept. 3,
3. What will happen to the bills that BART alone 1998)
authored and were approved by the House of
Representatives while he was seated as Q: Suppose DD is a vice-mayor who becomes
Congressman? Reason and explain briefly. mayor by reason of the death of the incumbent. Six
months before the next election, he resigns and is
A: twice elected thereafter. Can DD run again for
1. AVE cannot collect salaries and allowances from mayor in the next election?
the government for the first two years of his term,
because in the meanwhile BART collected the A: Yes, because although he has already first served
salaries and allowances. BART was a de facto as mayor by succession and subsequently resigned
officer while he was in possession of the office. To from office before the full term expired, he has not
allow AVE to collect the salaries and allowances actually served three full terms. Under, Art. X, Sec. 8,
will result in making the government pay a second voluntary renunciation of the office is not considered
time. (Mechem, A Treatise on the Law of Public as an interruption in the continuity of his service for
Offices and Public Officers, [1890] pp. 222-223.) the full term only if the term is one for which he was
2. BART is not required to refund to the government elected. Since DD is only completing the service of
the salaries and allowances he received. As a de the term for which the deceased and not he was
facto officer, he is entitled to the salaries and elected, DD cannot be considered to have
allowances because he rendered services during completed one term. His resignation constitutes an
his incumbency. interruption of the full term. (Ibid.)
3. The bills which BART alone authored and were
approved by the House of Representatives are Q: Conrad, an elected Punong Barangay, ran for
valid because he was a de facto officer during his Municipal Councilor while serving his last term as
incumbency. The acts of a de facto officer are the PB. He won and later assumed office and served
valid insofar as the public is concerned. (People v. the full term of the Sanggunian Bayan. After serving
Garcia, G.R. No. 126252, Aug. 30, 1999) his term as Municipal Councilor, he filed his
Certificate of Candidacy for PB. His opponent filed a
TERMINATION OF OFFICIAL RELATION Petition for Disqualification on the ground the he
had already served the three-term limit. Does the
Q: What are the modes of terminating official assumption of office of Conrad as Municipal
relationships? Councilor considered as a voluntary renunciation of
the Office of PB so that he is deemed to have fully
A: served his third term as PB warranting his
1. Expiration of term or tenure disqualification from running for the position of PB?
2. Reaching the age limit for retirement
3. Resignation A: Yes. Conrad was serving his third term as PB when
4. Recall he ran for SB member and, upon winning, assumed
5. Removal the position of SB member, thus, voluntarily
6. Abandonment relinquishing his office as PB which the Court deems a
7. Acceptance of an incompatible office voluntary renunciation of said office. Under Sec.8 of
8. Abolition of office Art X of the Constitution, voluntary renunciation of
9. Prescription of the right to office the office for any length of time shall not be
10. Impeachment considered as an interruption in the continuity of his
11. Death service for the full term for which he was elected.
12. Failure to assume office (Bolos v COMELEC, G.R. No. 184082, Mar. 17, 2009)
13. Conviction of a crime
14. Filing for a certificate of candidacy Q: Ryan Cristopher was elected City Councilor for
three consecutive terms. During his last term, the
Q: What are the policies embodied in the Sandiganbayan preventively suspended him for 90
constitutional provision barring elective local days in relation with a criminal case he then faced.
officials, with the exception of barangay officials, The Court, however, subsequently lifted the
from serving more than three consecutive terms? suspension order; hence he resumed performing his
functions and finished his term. He filed his

Certificate of Candidacy for the same position. SA Q: What is courtesy resignation?

sought to deny due course to Ryan Cristopher's COC
on the ground that he had been elected and he A: It cannot properly be interpreted as resignation in
served for three terms. Does preventive suspension the legal sense for it is not necessarily a reflection of
of an elected local official an interruption of the a public official's intention to surrender his position.
three-term limit rule? Rather, it manifests his submission to the will of the
political authority and the appointing power. (Ortiz V.
A: No. The intent of the three-term limit rule COMELEC, G.R. No. 78957 June 28, 1988)
demands that preventive suspension should not be
considered an interruption that allows an elective Q: What is removal?
official's stay in office beyond three terms. A
preventive suspension cannot simply be a term A: Forcible and permanent separation of the
interruption because the suspended official continues incumbent from office before the expiration of the
to stay in the office although he is barred from public officer's term. (Feria, Jr.. v. Mison, G.R. No.
exercising his functions and prerogatives of the office 8196, August 8, 1989)
within the suspension period. The best indicator of
the suspended official's continuity in office is the Q: What is recall?
absence of a permanent replacement and the lack of
authority to appoint one since no vacancy exists. A: It is an electoral mode of removal employed
(Aldovino v. COMELEC, G.R. No. 184836, Dec. 23, directly by the people themselves through the
2009) exercise of their right of suffrage. It is a political
question not subject to judicial review. It is a political
Q: What is the age limit for retirement? question that has to be decided by the people in their
A: sovereign capacity. (Evardone v. COMELEC, G.R. No.
1. For members of the judiciary 70 y.o. 94010, Dec. 2, 1991)
2. Gov't officers and employees 65 y.o.
3. Optional retirement must have rendered at Q: What are the limitations on recall?
least 20 service years A:
1. An elective official can be subjected to recall only
Q: What is resignation? once
2. No recall shall take place within one (1) year
A: It is the act of giving up or declining a public office from the assumption of office or one year
and renouncing the further right to use such office. It immediately preceding a regular local election.
must be in writing and accepted by the accepting (Section 74 (b) of Republic Act No. 7160)
authority as provided for by law.
Q: What is abandonment?
Q: Who are the accepting authorities for
resignation? A: It is the voluntary relinquishment of an office by
A: the holder with the intention of terminating his
1. For appointed officers the tender of resignation possession and control thereof. (Words and Phrases,
must be given to the appointing authority. Vol. 1, p. 127, citing Board of Com'rs of Dearbon
County v Droege, Ind. App., 66 N.E. 2d 134, 138)
2. For elected officers, tender to officer authorized
by law to call an election to fill the vacancy. The Q: Does the acceptance of an incompatible office
following authorized officers are: pertain to its physical impossibility or its nature?
a. Respective chambers For members of
Congress; A: It refers to the nature and relation of the two
b. President For governors, vice-governors, offices to each other, they should not be held by one
mayors and vice-mayors of highly urbanized person from the contrariety and antagonism which
cities and independent component cities; would result in the attempt by one person to
c. Provincial governor For municipal mayors faithfully and impartially discharge the duties of one,
and vice-mayors, city mayors and vice-mayors toward the incumbent of the other. (Treatise on the
of component cities; Law of Public Offices and Officers, Mechem,1890 ed.)
d. Sanggunian concerned For sanggunian
members; Q: Does the acceptance of an incompatible office
e. Municipal/city mayors For barangay officials. ipso facto vacate the other?

A: GR: Yes. a Chairman and 2 Commissioners appointed by the

President for a term of 7 years without
XPN: Where such acceptance is authorized reappointment and may be removed only by
by law. impeachment (Cruz, Law on Public Officers)
Note: It is contrary to the policy of the law that the same Q: What is the scope of civil service?
individual should undertake to perform inconsistent and
incompatible duties. He who, while occupying one office, A: The civil service embraces all branches,
accepts another incompatible with the first, ipso facto,
subdivisions, instrumentalities, and agencies of the
absolutely vacates the first office. That the second office is
Government, including GOCCs with original charters.
inferior to the first does not affect the rule.
(Sec. 2(1), Art. IX-B, 1987 Constitution)
Q: What is the prescriptive period for petitions for
reinstatement or recovery of public office? APPOINTMENTS TO THE CIVIL SERVICE
A: It must be instituted within 1 year from the date of Q: How are appointments to civil service made?
unlawful removal from the office. Such period may be
extended on grounds of equity. A: Appointments in the civil service shall be made
only according to merit and fitness to be determined,
Q: What is the period provided to take the oath of as far as practicable, and, except to positions which
office to avoid failure to assume office? are policy-determining, primarily confidential, or
highly technical, by competitive examination. (Sec.
A: Failure to take the oath of office within 6 months 2(2), Art. IX-B, 1987 Constitution)
from proclamation of election shall cause the vacancy
of the office UNLESS such failure is for a cause Q: On the basis of appointment, what are the two
beyond his control. (Sec. 11 B.P. 881) principal groups of position in the Civil Service?
Q: When does conviction by final judgment A:

automatically terminate official relationship? 1. Competitive positions according to merit and
fitness to be determined by competitive
A: When the penalty imposed carries with it the examinations, as far as practicable.
accessory penalty of disqualification.
2. Non-competitive positions do not have to take
Q: Will the grant of plenary pardon restore the into account merit and fitness. No need for
public office to the officer convicted? competitive examinations.
a. Policy-determining tasked to formulate a
A: No. Although a plenary pardon extinguishes the method of action for the government or any of
accessory penalty of disqualification, she is not its subdivisions.
entitled to an automatic reinstatement on the basis b. Primarily confidential duties are not merely
of the absolute pardon granted to her but must clerical but devolve upon the head of an office,
secure an appointment to her former position and which, by reason of his numerous duties,
that, notwithstanding said absolute pardon, she is delegates his duties to others, the
liable for the civil liability concomitant to her previous performance of which requires skill, judgment,
conviction. (Monsanto v. Factoran, Jr. G.R. No. 78239 trust and confidence.
February 9, 1989)
Note: The test used to determine confidentiality of
a position is the Proximity rule. The occupant of a
THE CIVIL SERVICE particular position could be considered a
confidential employee if the predominant reason
Q: Describe the Civil Service Commission. why he was chosen by the appointing authority was
the latters belief that he can share a close intimate
A: The Civil Service Commission (CSC) is the central relationship with the occupant which ensures
personnel agency of the Philippine government and is freedom of discussion without fear of
one of the three independent constitutional embarrassment or misgivings of possible betrayals
of personal trust and confidential matters of State.
commissions with adjudicative responsibility in the
(De los Santos v. Mallare, G.R. No. L-3881, Aug. 31,
national government structure. It is tasked to render
1950)
final arbitration on disputes and personnel actions on
Civil Service matters. The Commission is composed of

c. Highly technical requires technical skill or Q: What are the positions included in non-career
training in the highest degree service?
Note: The test to determine whether the position is A:

non-competitive is the nature of the responsibilities, 1. Elective officials;
not the description given to it. The Constitution does 2. Department heads and other officials of Cabinet
not exempt the above-given positions from the
rank who hold positions at the pleasure of the
operation of the principle that no officer or employee
President;
of the civil service shall be removed or suspended
except for cause provided by law. 3. Chairmen and members of commissions and
boards with fixed terms of office;
Q: What is the nature of an appointment?
Note: The personal and confidential staffs of the above
three enumerated positions are considered included in
A: Appointment is an essentially discretionary power
non-career service.
and must be performed by the officer in which it is
vested according to his best lights, the only condition 4. Contractual personnel whose job requires special
being that the appointee should possess the or technical skills not available in the employing
qualifications required by law. If he does, then the agency, to be accomplished within a period not
appointment cannot be faulted on the ground that exceeding one year; and
there are others better qualified who should have 5. Emergency and seasonal personnel.
been preferred. This is a political question involving
considerations of wisdom which only the appointing Q: Who may be appointed in the civil service?
authority can decide. (Luego v. CSC, G.R. No. L-69137,
Aug. 5, 1986) A: Whoever fulfills all the qualifications prescribed by
law for a particular position may be appointed
Q: What characterizes the career service and what therein.
are included therein?
Note: The CSC cannot disapprove an appointment just
A: Under Sec. 7, Chapter 2, Title 1, Book V of the because another person is better qualified, as long as the
Administrative Code of 1987, the career service is appointee is himself qualified. It cannot add qualifications
characterized by: other than those provided by law. (Cortez v. CSC, G.R. No.
1. Entrance based on merit and fitness to be 92673, March 13, 1991)
determined as far as practicable by competitive
examination or based on highly technical Q: What does the security of tenure of officers or
qualification; employees of the civil service guarantee?
2. Opportunity for advancement to higher career
position; and A: Officers or employees of the Civil Service cannot
3. Security of tenure. be removed or suspended except for cause provided
by law. It guarantees both procedural and substantive
Q: What are the positions included in career service? due process. (Sec. 32, R.A. 2260)
A:
1. Open career positions for appointment to which Q: What characterizes security of tenure?
prior qualifications in an appropriate examination
is required A: It is the nature of the appointment that
2. Closed career positions which are scientific or characterizes security of tenure and not the nature of
highly technical in nature ones duties or functions. Where the appointment is
3. Positions in the Career executive service permanent, it is protected by the security of tenure
4. Career officers other than those in the career provision. But if it is temporary or in an acting
executive service, who are appointed by the capacity, which can be terminated at any time, the
President officer cannot invoke the security of tenure.
5. Commissioned officers and enlisted men of the
Armed Forces Note: The holder of a temporary appointment cannot claim
6. Personnel of GOCCs, whether performing a vested right to the station to which assigned, nor to
security of tenure thereat. Thus, he may be reassigned to
governmental or proprietary functions, who do
any place or station. (Teotico v. Agda, G.R. No. 87437, May
not fall under the non-career service; and
29, 1991)
7. Permanent laborers, whether skilled, semi-skilled,
or unskilled (Sec. 5, P.D. No. 807). Q: When does security of tenure attach?

A: It attaches once an appointment is issued and the May the courts determine the proper classification
moment the appointee assumes a position in the civil of a position in government? Is the position of
service under a completed appointment, he acquires corporate secretary in a GOCC primarily confidential
a legal, not merely equitable, right (to the position) in nature?
which is protected not only by statute, but also by the
constitution, and cannot be taken away from him A: The courts may determine the proper classification
either by revocation of the appointment, or by of a position in government. A strict reading of the
removal, except for cause, and with previous notice law (EO 292) reveals that primarily confidential
and hearing. (Aquino v. CSC, G.R. No. 92403, April 22, positions fall under the non-career service. The
1992) tenure of a confidential employee is co-terminous
with that of the appointing authority, or is at the
Q: What is legal cause? latter's pleasure. However, the confidential
employee may be appointed or remain in the position
A: It is a cause related to and affects the even beyond the compulsory retirement age of 65
administration of office and must be substantial - years.
directly affects the rights and interests of the public.
Jurisprudence establishes that the Court is not bound
Q: Discuss the security of tenure for non- by the classification of positions in the civil service
competitive positions. made by the legislative or executive branches, or
even by a constitutional body like the CSC. The Court
A: is expected to make its own determination as to the
1. Primarily confidential officers and employees hold nature of a particular position, such as whether it is a
office only for so long as confidence in them primarily confidential position or not, without being
remains. If there is genuine loss of confidence, bound by prior classifications made by other bodies.
there is no removal, but merely the expiration of
the term of office. In fine, a primarily confidential position is
2. Non-career service officers and employees characterized by the close proximity of the positions
security of tenure is limited to a period specified of the appointer and appointee as well as the high
by law, coterminous with the appointing authority degree of trust and confidence inherent in their
or subject to his pleasure, or which is limited to relationship.
the duration of a particular purpose.
3. Political appointees in Foreign Service possess In the light of the instant controversy, the Court's
tenure coterminous with that of the appointing view is that the greater public interest is served if the
authority or subject to his pleasure. position of a corporate secretary is classified as
primarily confidential in nature. (CSC v. Javier, G.R.
Note: One must be validly appointed to enjoy security of No. 173264, Feb. 22, 2008)
tenure. Thus, one who is not appointed by the proper
appointing authority does not acquire security of tenure. Q: What is Reorganization?
Q: Sol was first employed as private secretary in the A: Reorganization involves the reduction of
GSIS in 1960 on a confidential status. In 1962, Sol personnel, consolidation of offices, or abolition
was promoted to Tabulating Equipment Operator thereof by reason of economy or redundancy of
with permanent status. In 1986, she was functions. It alters the existing structure of
appointed corporate secretary of the Board of government offices or the units therein, including the
Trustees (BOT) of the corporation. In 2001, she lines of control, authority and responsibility between
opted for early retirement. In 2002, Sol, who was 64 them to make the bureaucracy more responsive to
years old at the time, was reappointed by GSIS the needs of the public clientele as authorized by law.
President (with approval of BOT) as corporate (Pan v. Pena GR. No. 174244, Feb 13, 2009)
secretary. The BOT classified her appointment as
confidential in nature and the tenure of office is at Note: The creation of the Truth Commission does not fall
the pleasure of the Board. within the Presidents power to reorganize. Section 31 of
the Revised Administrative Code refers to the reduction of
On October 10, 2002, CSC issued a resolution personnel, consolidation of offices, or abolition thereof by
reason of economy or redundancy of functions. These refer
invalidating the reappointment of Javier as
to situations where a body or an office is already existent
corporate secretary, on the ground that the position
but a modification thereof has to be effected. (Biraogo v.
is a permanent, career position and not primarily The Philippine Truth Commission of 2010, G.R. No. 192935,
confidential. Dec. 7, 2010)

Q: What are the circumstances that may be A: No. The CESB was created by law (P.D. No. 1); it
considered as evidence of bad faith in the removals can only be abolished by the legislature. This follows
made as a result of reorganization, giving rise to an unbroken stream of rulings that the creation and
reinstatement or reappointment? abolition of public offices is primarily a legislative
function. (Eugenio v. Civil Service Commission, et al.,
A: G.R. No. 115863, Mar. 31, 1995)
1. Where there is a significant increase in the
number of positions in the new staffing pattern Q: Do employees of the civil service have the right to
of the department or agency concerned organize?
2. Where an office is abolished and other
performing substantially the same functions is A: Yes. The right to self-organization shall not be
created denied to government employees. (Sec. 2(2), Art. IX-
3. Where incumbents are replaced by those less B, 1987 Const.)
qualified in terms of status of appointment,
performance and merit But, The right to self-organize accorded to
4. Where there is reclassification of offices in the government employees shall not carry with it the
department or Agency concerned and the right to engage in any form of prohibited concerted
classified offices perform substantially the same activity or mass action causing or intending to cause
function as the original offices work stoppage or service disruption, albeit of
5. Where the removal violates the order of temporary nature. (Sec. 4, CSC Resolution No.
separation provided in Section 3 hereof. 021316, 2002)
(Cotiangco v. Province of Biliran, G.R. No.
157139, Oct. 19 2011) Note: The right to organize does NOT include the right to
strike.
Q: What are the requisites for a valid abolition of
office? Q: What are the disqualifications attached to the
A: civil service employees or officials?
1. In good faith; (good faith is presumed)
2. Not for political or personal reasons; and A:
3. Not in violation of law. (Administrative Law, Law 1. Losing candidate in any election
on Public Officers and Election Law, Agpalo, a. cannot be appointed to any office in the
2006) government or GOCCs or their subsidiaries
b. period of disqualification: 1 year after such
Q: What rules apply to temporary employees? electionXPN: Losing candidates in barangay
elections
A:
1. Not protected by security of tenure- can be 2. Elective officials:
removed anytime even without cause. GR: not eligible for appointment or designation in
2. If they are separated, this is considered an any capacity to any public office or position
expiration of term. But, they can only be during their tenure.
removed by the one who appointed them.
3. Entitled to such protection as may be provided XPN: May hold ex officio positions. E.g. The
by law. (Sec. 2[6], Art. IX-B, 1987 Constitution) Vice President may be appointed as a
Cabinet member
Note: No officer or employee in the civil service shall
engage in any electioneering or in partisan political activity. 3. Appointive officials:
However, they are allowed to express views on political
GR: cannot hold any other office or agency,
issues, and to mention the names of the candidates whom
he supports. (Sec. 2[4], Art. IX-B, 1987 Constitution) instrumentality, including GOCCs and their
subsidiaries
The Congress has the right to abolish an office even during
the term for which an existing incumbent may have been XPN: unless otherwise allowed by law, or by
elected EXCEPT when restrained by the Constitution. the primary functions of his position.
Q: The Civil Service Commission passed a Resolution Note: The exception does not apply to Cabinet members,
abolishing the Career Executive Service Board and those officers mentioned in Art. VII, Sec. 13. They are
(CESB). Is the resolution valid? governed by the stricter prohibitions contained therein.

Q: What are the prohibitions attached to elective limited period in the case of employees
and appointive officials in terms of compensation? occupying professional, technical and scientific
positions.
A: GR: They cannot receive: 7. Reassignment an employee may be reassigned
1. Additional compensation an extra reward given from one organizational unit to another in the
for the same office e.g. bonus same agency, provided that such reassignment
2. Double compensation when an officer is given 2 shall not involve a reduction in rank, status or
sets of compensation for 2 different offices held salary.
concurrently by 1 officer. 8. Demotion a movement from one position to
3. Indirect compensation another involving the issuance of an
appointment with diminution in duties,
XPN: Unless specifically authorized by law. responsibilities, status or rank which may or may
not involve reduction in salary. (Cruz, Law on
Note: Specifically authorized means a specific authority Public Officers)
particularly directed to the officer or employee concerned.
Pensions and gratuities, per diems and allowances are not ACCOUNTABILITY OF PUBLIC OFFICERS
considered as additional, double, or indirect compensation.
(Sec. 7-8, Art. IX-B, 1987 Constitution)
IMPEACHMENT
PERSONNEL ACTIONS
Q: What is impeachment?
Q: What are Personnel Actions? A: It is a method by which persons holding
government positions of high authority, prestige, and
A: Any action denoting movement or progress of dignity and with definite tenure may be removed
personnel in the civil service. (City Mayor Debulgado from office for causes closely related to their conduct
v. CSC, G.R. No. 111471, Sept. 26, 1994) as public officials.
Q: What does personnel action include? Note: It is a national inquest into the conduct of public men
(Outline on Political Law, Nachura, 2006).
A: It includes the following:
1. Appointment through Certification issued to a It is primarily intended for the protection of the State, not
person who has been selected from a list of for the punishment of the offender. The penalties attached
qualified person who has been selected from a to the impeachment are merely incidental to the primary
list of qualified persons certified by the intention of protecting the people as a body politic. (The
Law on Public officers by Hector S. De Leon, 2008 ed.)
Commission from an appropriate register of
eligible and who meets all other requirements of
the position Q: Who are the impeachable officers?
2. Promotion A:
3. Transfer a movement from one person to 1. President
another which is of equivalent rank, level or 2. Vice-President
salary without break in service involving issuance 3. Members of the Supreme Court
of an appointment. 4. Members of the Constitutional Commissions
4. Reinstatement a person who has been 5. Ombudsman
permanently appointed to a position in the Note: The enumeration is exclusive. (Sec.2, Art. XI, 1987
career service and who has, through no Constitution)
delinquency or misconduct, been separated
therefrom, may be reinstated to a position in the Q: What are the grounds for impeachment?
same level for which he is qualified.
5. Reemployment persons who have been A:
appointed permanently to positions in the career 1. Culpable violation of the Constitution
service and who have been separated as result of 2. Treason
reduction in force and or reorganization shall be 3. Bribery
entered in a list from which selection for 4. Other high crimes
reemployment shall be made. 5. Betrayal of public trust (Sec. 2, Art. XI, 1987
6. Detail a movement of an employee from one Constitution)
agency to another without issuance of an
appointment and shall be allowed, only for a Note: It is an exclusive list.

Q: What is Culpable Violation of the Constitution? resolution with the Articles of Impeachment
of the committee or override its contrary
A: Culpable violation of the Constitution is wrongful, resolution. (Sec. 3 (2-3), Art. XI. 1987
intentional or willful disregard or flouting of the Constitution)
fundamental law. Obviously, the act must be deliberate
and motivated by bad faith to constitute a ground for 2. Trial and Decision in impeachment proceedings
impeachment. Mere mistakes in the proper a. The Senators take an oath or affirmation
construction of the Constitution, on which students of b. When the President of the Philippines is on
law may sincerely differ, cannot be considered a valid trial, the Chief Justice of the SC shall preside
ground for impeachment. (Cruz, Isagani. Philippine but shall not vote.
Political Law) c. A decision of conviction must be concurred
in by at least 2/3 of all the members of
Q: What is Betrayal of Public Trust? Senate.
A: The 1987 Constitution has added betrayal of public Note: The Senate has the sole power to try and decide all
cases of impeachment. (Sec. 3(6), Art. XI, 1987 Constitution)
trust, which means any form of violation of the oath of
office even if such violation may not be criminally
Q: When is an impeachment deemed initiated?
punishable offense. (Bernas Primer, 2006 ed.)
A: The proceeding is initiated or begins, when a
This is a catch-all to cover all manner of offenses
verified complaint is filed and referred to the
unbecoming a public functionary but not punishable by
Committee on Justice for action. This is the initiating
the criminal statutes, like inexcusable negligence of
step which triggers the series of step that follow. The
duty, tyrannical abuse of authority, breach of official
term to initiate refers to the filing of the
duty by malfeasance or misfeasance, cronyism,
impeachment complaint coupled with Congress
favoritism, obstruction of justice. (Cruz, Isagani.
taking initial action of said complaint. (Francisco v.
Philippine Political Law)
House of Rep., G.R. No. 160261, November 10, 2003)
Q: What are the steps in the impeachment process? Q: Who has the power to determine the sufficiency
of form and substance of an impeachment
A: complaint?
1. Initiating impeachment case
a. Verified complaint filed by any member of A: Determination of sufficiency of form and
the House of Representatives or any citizen substance of an impeachment complaint is an
upon resolution of endorsement by any exponent of the express constitutional grant of
member thereof. rulemaking powers of the House of Representatives.
b. Included in the order of business within 10 In the discharge of that power and in the exercise of
session days. its discretion, the House has formulated
c. Referred to the proper committee within 3 determinable standards as to form and substance of
session days from its inclusion. an impeachment complaint. Furthermore the
d. The committee, after hearing, and by impeachment rules are clear in echoing the
majority vote of all its members, shall submit constitutional requirements in providing that there
its report to the House of Representatives must be a verified complaint or resolution and that
together with the corresponding resolution. the substance requirement is met if there is a recital
e. Placing on calendar the Committee of facts constituting the offense charged and
resolution within 10 days from submission; determinative of the jurisdiction of the committee.
f. Discussion on the floor of the report; (Ma.Merceditas Gutierrez v. The House of
Representatives Committee on Justice, G.R. No.
Note: If the verified complaint is filed by at
193459, Feb. 15,2011)
least 1/3 of all its members of the House of
Representatives, the same shall constitute
Q: What is the salutary reason of confining only one
the Articles of Impeachment, and trial by the
impeachment proceeding in a year?
Senate shall forthwith proceed. (Sec. 3 (4),
Art. XI, 1987 Constitution)
A: The purpose of the one-year bar is two-fold:
g. A vote of at least 1/3 of all the members of 1. To prevent undue or too frequent harassment
the House of Representatives shall be 2. To allow the legislature to do its principal task of
necessary either to affirm a favorable legislation. (Francisco v. House of Rep., G.R. No.
160261, Nov. 10, 2003)

The consideration behind the intended limitation Q: Can A Supreme Court Justice be charged in a
refers to the element of time, and not the number of criminal case or disbarment proceeding instead of
complaints. The impeachable officer should defend an impeachment proceeding?
himself in only one impeachment proceeding, so that
he will not be precluded from performing his official A: No, because the ultimate effect of either is to
functions and duties. Similarly, Congress should run remove him from office, and thus circumvent the
only one impeachment proceeding so as not to leave provision on removal by impeachment thus violating
it with little time to attend to its main work of law- his security of tenure. (In Re: First Indorsement from
making. The doctrine laid down in Francisco that Hon. Raul Gonzalez, A.M. No. 88-4-5433, April 15,
initiation means filing and referral remains congruent 1988)
to the rationale of the constitutional provision.
(Gutierrez v. The House of Representatives Committee An impeachable officer who is a member of the
on Justice, G.R. No. 193459, Feb. 15, 2011) Philippine bar cannot be disbarred first without being
impeached. (Jarque v. Desierto, 250 SCRA 11, 1995)
Q: What are the effects of conviction in
impeachment? OMBUDSMAN
A: Q: What are the qualifications for the Ombudsman

1. Removal from office and his Deputies?
2. Disqualification to hold any other office under
the Republic of the Philippines A:
3. Party convicted shall be liable and subject to 1. Natural born Citizens of the Philippines
prosecution, trial and punishment according to 2. At least 40 years of age at the time of
law. (Sec. 3 (7). Art. XI, 1987 Constitution) appointment
3. Of recognized probity and independence
Q: What are the limitations imposed by the 4. Member of the Philippine Bar
Constitution upon the initiation of impeachment 5. Must not have been candidate for any elective
proceedings? office in the immediately preceding election
6. For Ombudsman: He must have been for ten
A: years or more as a judge or engaged in the
1. The House of Representatives shall have the practice of law in the Philippines.
exclusive power to initiate all cases of
impeachment. Q: What is the function of an Ombudsman?
2. Not more than one impeachment proceeding
shall be initiated against the same official within A: He is tasked to entertain complaints addressed to
a period of one year. him against erring public officers and take all
necessary actions thereon.
Note: An impeachment case is the legal controversy that
must be decided by the Senate while an impeachment Note: The powers of the Ombudsman are not merely
proceeding is one that is initiated in the House of recommendatory. His office was given teeth to render this
Representatives. For purposes of applying the one year ban constitutional body not merely functional but also effective.
rule, the proceeding is initiated or begins when a verified Under R.A. No. 6770 and the 1987 Constitution, the
complaint is filed and referred to the Committee on Justice Ombudsman has the constitutional power to directly
for action. (Francisco v. House of Representatives, et. al., remove from government service an erring public official
G.R. No. 160261, Nov. 10, 2003) other than a member of Congress and the Judiciary.
(Estarija v. Ranada, G.R No. 159314, June 26, 2006).
The power to impeach is essentially a non-legislative
prerogative and can be exercised by Congress only within
the limits of the authority conferred upon it by the Q: Does the Ombudsman enjoy fiscal autonomy?
Constitution. (ibid)
A: Yes. It shall enjoy fiscal autonomy. Its approved
Initiation takes place by the act of filing of the annual appropriations shall be automatically and
impeachment complaint and referral to the House regularly released. (Section 14 of Article XI of the 1987
Committee on Justice. Once an impeachment complaint has Constitution)
been initiated in the foregoing manner, another may not be
filed against the same official within a one year period. Q: What is the duration of the term of office of the
(Gutierrez v. House of Representatives Committee on
Ombudsman?
Justice, G.R. No. 193459, February 15, 2011)

A: 7 years without reappointment. (Section 11 of 6. The Ombudsman has been conferred rule making
Article XI of the 1987 Constitution) power to govern procedures under it. (703
Buencamino v. CA, GR 175895,April 4, 2007)
Q: What are the disqualifications and inhibitions of 7. The power to investigate or conduct a
the Ombudsman? preliminary investigation on any Ombudsman
case may be exercised by an investigator or
A: prosecutor of the Office of the Ombudsman, or
1. Shall not hold any other office or employment; by any Provincial or City Prosecutor or their
2. Shall not engage in the practice of any profession assistance, either in their regular capacities or as
or in the active management or control of any deputized Ombudsman prosecutors. (Honasan II
business which in any way may be affected by v. Panel of Investigators of the DOJ, G.R.
the functions of his office; No.159747, April 13, 2004)
3. Shall not be financially interested, directly or 8. A preventive suspension will only last ninety (90)
indirectly, in any contract with, or in any days, not the entire duration of the criminal case.
franchise or privilege granted by the (Villasenor v Sandiganbayan G.R. No. 180700,
government, or any of its subdivisions, etc. March 4, 2008)
4. Shall not be qualified to run for any office in the
election immediately succeeding their cessation Q: Are the powers of Ombudsman delegable?
from office. (Section 9 of R.A. No. 6770)
A: The power to investigate or conduct a preliminary
Q: What is the scope of the powers of the investigation on any Ombudsman case may be
Ombudsman? exercised by an investigator or prosecutor of the
Office of the Ombudsman, or by any Provincial or City
A: Over the years the scope of the powers of the Prosecutor or their assistance, either in their regular
Ombudsman under Section 12 has been clarified thus capacities or as deputized Ombudsman prosecutors.
settling various disputed issues: (Honasan II v. Panel of Investigators of the DOJ, 2004)
1. The ombudsman can investigate only officers of
government owned corporations with original Q: Can the Ombudsman directly dismiss a public
charter. (Khan, Jr v Ombudsman, G.R. No. officer from government service?
125296, July 20. 2006)
2. The jurisdiction of the Ombudsman over A: Under Section 13(3) of Article XI, the Ombudsman
disciplinary cases involving public school teachers can only recommend to the officer concerned the
has been modified by Section 9 of R.A. 4670, removal of a public officer or employee found to be
otherwise known as the Magna Carta for Public administratively liable. (Tapiador v. Office of the
School Teachers, which says that such cases must Ombudsman, G.R. No. 129124. March 15, 2002) Be
first go to a committee appointed by the that as it may, the refusal, without just cause, of any
Secretary of Education. (Ombudsman v. officer to comply with such an order of the
Estandarte, GR 168670, April 13, 2007.) Ombudsman to penalize erring officer or employee is
3. The Ombudsman Act authorizes the Ombudsman a ground for disciplinary action. Thus, there is a
to impose penalties in administrative cases. strong indication that the Ombudsmans
(Ombudsman v. CA, November 22, 2006; recommendation is not merely advisory in nature but
Ombudsman v. Lucero, Nov. 24, 2006) actually mandatory within the bounds of law. This
should not be interpreted as usurpation of the
Note: According to the Local Government Code, elective Ombudsman of the authority of the head of office or
officials may be dismissed only by the proper court. Where any officer concerned. It has long been settled that
the disciplining authority is given only the power to the power of the Ombudsman to investigate and
suspend and not the power to remove, it should not be prosecute any illegal act or omission of any public
permitted to manipulate the law by usurping the power to official is not an exclusive authority, but a shared or
remove.(Sangguniang Barangay v. Punong Barangay,G.R.
concurrent authority in respect of the offense
No. 170626, March 3, 2008)
charged. (Ledesma v. CA, GR 161629, 29 July 2005)
5. The Special Prosecutor may not file information
Q: Is the power of the ombudsman to investigate
without authority from the Ombudsman. (Perez
exclusive?
v. Sandigabayan, G.R. No. 166062, Sept. 26,
2006)
A: No,While the Ombudsmans power to investigate
is primary, it is not exclusive and, under the

Ombudsman Act of 1989, he may delegate it to 15(2) R.A. No. 6770; Sec 13(2) Article XI,
others and take it back any time he wants to. (Acop v. 1987Constitution);
Ombudsman, G.R. No. 120422, Sept. 27, 1995). 3. Direct the officer concerned to take appropriate
action against a public officer or employee at
Q: May the military deputy investigate civilian fault or who neglects to perform an act or
police? discharge a duty required by law, and
recommend his removal, suspension, demotion,
A: Because the power of the Ombudsman is broad fine, censure, or prosecution, and ensure
and because the Deputy Ombudsman acts under the compliance therewith; or enforce its disciplinary
direction of the Ombudsman, the power of the authority as provided in Section 21 or this Act:
Military Deputy to investigate members of the civilian Provided, That the refusal by any officer without
police has also been affirmed. (Acop v. Ombudsman, just cause to comply with an order of the
G.R. No. 120422, Sept. 27, 1995) Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee
Q: Can the Claim of Confidentiality prevent the who is at fault or who neglects to perform an act
Ombudsman from demanding the production of or discharge a duty required by law shall be
documents needed for the investigation? ground for disciplinary action against said
officer (Sec. 15(3) R.A. No. 6770; see also Sec
A: No, In Almonte v. Vasquez, G.R. No. 95367 May 23, 13(3), Article XI, 1987 Constitution);
1995, the Court said that where the claim of
confidentiality does not rest in the need to protect 4. Direct the officer concerned, in any appropriate
military, diplomatic or the national security secrets case, and subject to such limitations as it may
but on general public interest in preserving provide in its rules of procedure, to furnish it
confidentiality, the courts have declined to find in the with copies of documents relating to contracts or
Constitution an absolute privilege even for the transactions entered into by his office involving
President. (BernasPrimer, 2006 ed.) the disbursement or use of public funds or
properties, and report any irregularity to the
Moreover, even in cases where matters are really Commission on Audit for appropriate action (Sec.
confidential, inspection can be done in camera. 15(4) R.A. No. 6770; see also Sec. 13(4),
ArticleXI,1987Constitution);
Q: As Protector of the People, what are 5. Request any government agency for assistance
the powers, functions & duties of the Office of the and information necessary in the discharge of its
Ombudsman? responsibilities, and to examine, if necessary,
pertinent records and documents (Sec. 15(5),
A: R.A. No.6770; see also Sec. 13(5), Article XI, 1987
1. Investigate and prosecute on its own or on Constitution);
complaint by any person, any act or omission of 6. Publicize matters covered by its investigation of
any public officer or employee, office or agency, the matters mentioned in paragraphs (1), (2), (3)
when such act or omission appears to be illegal, and (4) hereof, when circumstances so warrant
unjust, improper or inefficient. It has primary and with due determine what cases may not be
jurisdiction over cases cognizable by the made public: Provided further, That any publicity
Sandiganbayan and, in the exercise of his primary issued by the Ombudsman shall be balanced, fair,
jurisdiction, it may take over, at any stage, from and true (Sec 15(6) R.A. No. 6770; see also Sec
any investigatory agency of Government, the 13(6), ArticleXI,1987Constitution);
investigation of such cases (Sec. 15(1) R.A. No.
6770; see also 7. Determine the causes of inefficiency, red tape,
Sec.13(1),ArticleXI,1987Constitution); mismanagement, fraud, and corruption in the
Government and make recommendations for
2. Direct, upon complaint or at its own instance, their elimination and the observance of high
any officer or employee of the Government, or of standards of ethics and efficiency (Sec 15(7) R.A.
any subdivision, agency or instrumentality No. 6770; see also Sec 13(7), Article XI,
thereof, as well as any government-owned or 1987Constitution);
controlled corporations with original charter, to
perform and expedite any act or duty required by 8. Administer oaths, issue subpoena and
law, or to stop, prevent, and correct any abuse or subpoena duces tecum, and take testimony in
impropriety in the performance of duties (Sec. any investigation or inquiry, including the power

to examine and have access to bank accounts includes the power to impose the penalty of removal,
and records (Sec 15(8), R.A.No.6770); suspension, demotion, fine, or censure of a public
9. Punish for contempt in accordance with the officer or employee. (Ombudsman v. Galicia, G.R. No.
Rules of Court and under the same procedure 167711, October 10, 2008)
and with the same penalties provided
Note: Appeals from resolutions of the Office of the
therein (Sec15(9),R.A.No.6770);
Ombudsman in administrative disciplinary cases should be
10. Delegate to the Deputies, or its investigators or taken to the Court of Appeals via Petition for Review under
representatives such authority or duty as shall Rule 43 of the Rules of Court. (Fabian v. Desierto, G.R. No.
ensure the effective exercise of performance of 129742, Sept.16,1998)
the powers, functions, and duties herein or
hereinafter provided (Sec 15(10),R.A.No.6770); JUDICIAL REVIEW IN PENAL PROCEEDINGS
11. Investigate and initiate the proper action for the
recovery of ill-gotten and/or unexplained wealth Q: What is the authority granted to the Ombudsman
amassed after February 25, 1986 and the in reviewing Penal Proceedings?
prosecution of the parties involved therein (Sec
A: In the exercise of its investigative power, this Court
15(11), R.A. No. 6770);
has consistently held that courts will not interfere
12. Promulgate its rules of procedure and exercise with the discretion of the fiscal or the Ombudsman to
such other powers or perform such functions or determine the specificity and adequacy of the
duties as may be provided by law (Sec 13(7), averments of the offense charged. He may dismiss
Article XI, 1987 Constitution; see also Sec. 18, R.A. the complaint forthwith if he finds it to be insufficient
No. 6770); in form and substance or if he otherwise finds no
ground to continue with the inquiry; or he may
JUDICIAL REVIEW IN ADMINISTRATIVE proceed with the investigation of the complaint if, in
PROCEEDINGS his view, it is in due and proper form. (Ocampo v.
Ombudsman, 225 SCRA 725, 1993)
Q: What is the authority granted to the Ombudsman
under existing laws in reviewing Administrative Note: In Garcia-Rueda v. Pascasio, G.R. No. 118141, Sept. 5,
proceedings? 1997, the Court held that while the Ombudsman has the
full discretion to determine whether or not a criminal case
A: Section 19 of the Ombudsman Act further is to be filed, the Court is not precluded from reviewing the
enumerates the types of acts covered by the Ombudsmans action when there is grave abuse of
authority granted to the Ombudsman: discretion.
The Ombudsman shall act on all complaints relating, SANDIGANBAYAN

but not limited to acts or omissions which:
1. Are contrary to law or regulation; Q: What is the composition of the Sandiganbayan?
2. Are unreasonable, unfair, oppressive or
discriminatory; A: Under PD 1606, it is composed of:
3. Are inconsistent with the general course of an 1. Presiding Justice
agency's functions, though in accordance with 2. Eight Associate Justices, with the rank of Justice
law; of the Court of Appeals
4. Proceed from a mistake of law or an arbitrary
ascertainment of facts; Note: It sits in three [3] divisions with three members each.
5. Are in the exercise of discretionary powers but
for an improper purpose; or Q: What is the nature of the Sandiganbayan?
6. Are otherwise irregular, immoral or devoid of
justification A: Sandiganbayan is NOT a constitutional court. It is a
statutory court; that is, it is created not only by the
In the exercise of its duties, the Ombudsman is given Constitution but by statute, although its creation is
full administrative disciplinary authority. His power is mandated by the Constitution. (Bernas Primer at 443
not limited merely to receiving, processing 2006 ed.)
complaints, or recommending penalties. He is to
conduct investigations, hold hearings, summon Q: What are the requisites that must concur in order
witnesses and require production of evidence and that a case may fall under the exclusive jurisdiction
place respondents under preventive suspension. This of the Sandiganbayan:

A: reviewable by the Supreme Court on a petition for

1. The offense committed is a violation of RA 1379, certiorari.
Chapter II, Section , Title VII, Book II of the
Revised Penal Code, Executive Orders Nos. 1, 2 Q: Is it mandatory for the Sandiganbayan to suspend
14 and 14-A, issued in 1986, or other offenses or a public officer against whom a valid information is
felonies whether simple or complexed with other filed?
crimes
2. The offender committing the offenses (violating A: It is now settled that Section 13, RA 3019, makes it
RA 3019, RA 1379, the RPC provisions, and other mandatory for the Sandiganbayan to suspend any
offenses, is a public official or employee holding public officer against whom a valid information
any of the positions enumerated in par. A, charging violation of that law, or any offense
Section 4, RA 8249 involving fraud upon the government or public funds
3. The offense committed is in relation to the office. or property is filed. (Bolastig v. Sandiganbayan, 235
(Lacson v. Executive Secretary,G.R. No. 128096 SCRA 103)
January 20, 1999)
Note: Under Sec. 13, RA 3019, any public officer against
Q: Can a private individual be charged jointly with a whom any criminal prosecution under a valid information
public officer? under this Act or under the provisions of the Revised Penal
Code on bribery is pending in court, shall be suspended
from office. Should he be convicted by final judgment, he
A: Yes. In case private individuals are charged as co-
shall lose all retirement or gratuity benefits under any law,
principals, accomplices or accessories with the public but if he is acquitted, he shall be entitled to reinstatement
officers or employees, they shall be tried jointly with and to the salaries and benefits which he failed to receive
said public officers and employees. (Section 4, PD during suspension, unless in the meantime administrative
1606) proceedings have been filed against him.
Private persons may be charged together with public Q: Can both questions of fact and law be raised
officers to avoid repeated and unnecessary before the Supreme Court in an appeal of a decision
presentation of witnesses and exhibits against of the Sandiganbayan?
conspirators in different venues, especially of the
issues involved are the same. It follows therefore that A: The appellate jurisdiction of the Supreme Court
if a private person may be tried jointly with public over decisions and final orders of the Sandiganbayan
officers, he may also be convicted jointly with them, is limited to questions of law. (Cabaron v.People, G.R.
as in the case of the present petitioners. (Balmadrid No. 156981, October 5, 2009
v. Sandiganbayan, 1991)
ILL-GOTTEN WEALTH
Q: What determines the jurisdiction whether or not
the Sandiganbayan or the RTC has jurisdiction over Q: Define Ill-gotten wealth?
the case?
A: Ill-gotten wealth means any asset, property,
A: It shall be determined by the allegations in the business enterprise or material possession of any
information specifically on whether or not the acts person within the purview of Section Two (2) hereof,
complained of were committed in relation to the acquired by him directly or indirectly through
official functions of the accused. It is required that dummies, nominees, agents, subordinates and/or
the charge be set forth with particularity as will business associates by any combination or series of
reasonably indicate that the exact offense which the the following means or similar schemes:
accused is alleged to have committed is one in 1. Through Misappropriation, conversion, misuse,
relation to his office. (Lacson v. Executive or malversation of public funds or raids on the
SecretaryG.R. No. 128096 January 20, 1999) public treasury
2. By Receiving, directly or indirectly, any
Q: How are pronouncements of decisions/review commission, gift, share, percentage, kickbacks or
made by the SB? any other form of pecuniary benefit from any
person and/or entity in connection with any
A: The unanimous vote of all the three members shall government contract or project or by reason of
be required for the pronouncement of judgment by a the office or position of the public officer
division. Decisions of the Sandiganbayan shall be concerned

3. By the Illegal or fraudulent conveyance or TERM LIMITS

disposition of assets belonging to the National
Government or any of its subdivisions, agencies Q: What are the differences between Term and
or instrumentalities or government-owned or - Tenure?
controlled corporations and their subsidiaries
4. By Obtaining, receiving or accepting directly or TERM TENURE
indirectly any shares of stock, equity or any other The time during which the Represent the period
form of interest or participation including officer may claim to hold the during which the
promise of future employment in any business office as of right, and fixes incumbent actually
enterprise or undertaking the interval after which the holds the office;
5. By establishing agricultural, industrial or several incumbents shall
commercial Monopolies or other combinations succeed one another;
and/or implementation of decrees and orders It is fixed and definite period It may be shorter
intended to benefit particular persons or special of time to hold office, than term.
interests perform its function;
6. By taking Undue advantage of official position, It is not affected by holding
authority, relationship, connection or influence over of the incumbent after
to unjustly enrich himself or themselves at the expiration of the term for
expense and to the damage and prejudice of the which he was appointed or
Filipino people and the Republic of the elected.
Philippines. (RA 7080, An Act Defining and
Penalizing the Crime of Plunder) Note: Term of office is different from the right to hold
office. The latter is the just and legal claim to hold and
Q: Can ill-gotten wealth be characterized by a series enjoy the powers and responsibilities of the office.
of events that would make a public officer liable? [Casibang v. Aquino, G.R. No. L-38025, Aug. 20, 1979]
A: Yes, in cases of plunder, any public officer who, by Q: What are the three (3) kinds of terms?
himself or in connivance with members of his family,
relatives by affinity or consanguinity, business A:
associates, subordinates or other persons, amasses, 1. Term fixed by law
accumulates or acquires ill-gotten wealth through a 2. Term dependent on good behavior until reaching
combination or series of overt or criminal acts as retirement age
described in Section 1 (d) of RA 7659, in the 3. Indefinite term, which terminates at the pleasure
aggregate amount or total value of at least fifty of the appointing authority. (Borres v. Court of
million pesos (P50,000,000.00) shall be guilty of the Appeals, G.R. No. L-36845, Aug. 21, 1998; Ruben
crime of plunder. (Sec. 2 of RA 7659) E. Agpalo, Administrative Law, Law on Public
Officers and Election Law, 2005 ed., p. 304)
Q: Can criminal prosecution for the recovery of ill-
gotten wealth be barred by prescription, laches and Q: What is the concept of hold-over?
estoppel?
A: In the absence of an express or implied
A: No. The provision found in Section 15, Article XI of constitutional or statutory provision to the contrary,
the 1987 Constitution that "the right of the State to an officer is entitled to hold office until his successor
recover properties unlawfully acquired by public is elected or appointed and has qualified. (Lecaroz v.
officials or employees, from them or from their Sandiganbayan, G.R. No. 130872, Mar. 25,1999)
nominees or transferees, shall not be barred by
prescription, laches or estoppel," has already been Q: What are the term limits of elective officers?
settled in Presidential Ad Hoc Fact-Finding Committee
on Behest Loans v. Desierto. G.R. No. 130140, where A:
the Court held that the above cited constitutional 1. President 6 years, without reelection
provision "applies only to civil actions for recovery of 2. Vice President 6 years, with 1 reelection
ill-gotten wealth, and NOT to criminal cases. 3. Senators 6 years, with 1 reelection
(Presidential Ad Hoc Fact- Finding Committee On 4. Representative 3 years, with 2 reelections
Behest Loans v. Desierto, G.R. No. 135715, April 13, 5. Local Executive Officials 3 years, with 2
2011) reelections

Q: What is the term limit of Barangay officials?
A: The term of office of barangay officials was fixed at

three years under R.A. No. 9164 (19 March 2002).
Further, Sec.43 (b) provides that "no local elective
official shall serve for more than three (3) consecutive
terms in the same position. The Court interpreted this
sectionreferring to all localelective officials without
exclusions or exceptions. (COMELEC v. Cruz, G.R. No.
186616, 19 Nov. 2009)
Q: What are the policies embodied in the

constitutional provision barring elective local
officials, with the exception of barangay officials,
from serving more than three consecutive terms?
A: To prevent the establishment of political dynasties

is not the only policy embodied in the constitutional
provision in question (barring elective local officials,
with the exception of barangay officials, from serving
more than three consecutive terms). The other policy
is that of enhancing the freedom of choice of the
people. To consider, therefore, only stay in office.

ADMINISTRATIVE LAW
ADMINISTRATIVE LAW As to Applicability

General Administrative Special/ particular
GENERAL PRINCIPLES Law administrative law
Part that is of general Part that pertains to
Q: Define Administrative Law nature and common to particular services;
all, or most, admin proceeds from the
A: It is a branch of public law fixing the organization agencies; chiefly but not particular statute
and determines the competence of administrative exclusively procedural creating the individual
authorities, and indicates the individual remedies for aw. agency
the violation of the rights.
Q: What are the kinds of Administrative Law?
Q: What is the scope of Administrative Law?
A:
A: 1. Statutes setting up administrative authorities.
1. Fixes the administrative operation and structure 2. Body of doctrines and decisions dealing with the
of the government creation, operation, and effect of determinations
2. Executes or enforces that which is entrusted to and regulations of such administrative
administrative authorities (all those public authorities.
officers and organs of the government charged 3. Rules, regulations, or orders of such
with the amplification, application and execution administrative authorities in pursuance of the
of the law) purposes, for which administrative authorities
3. Governs public officers were created or endowed.
4. Creates administrative officers 4. Example: Omnibus Rules Implementing the Labor
5. Provides the remedies to those aggrieved by Code, circulars of Central Monetary Authority
these agencies 5. Determinations, decisions, and orders of such
6. Governs Judicial Review administrative authorities in the settlement of
7. ncludes rules, regulation, orders and decisions controversies arising in their particular field.
made by administrative authorities
8. Includes the body of judicial/doctrines on any of Example: Awards of NLRC with respect to money
the above claims of employees
Q: What are the Classifications of Administrative ADMINISTRATIVE BODIES AND AGENCIES

Law?
Q: What is an administrative agency?
A:
As to Source A: It is an organ of government, other than a court
Law that controls Law made by the and the legislature, which affects the rights of private
administrative administrative parties either through adjudication or rule making.
authorities authorities
Constitution, statutes, General regulations and Q: How should the powers of the administrative
judicial decisions, particular agencies be interpreted?
Executive Orders, determinations;
Administrative constitute under A: Administrative agencies have powers and
Orders,etc. delegations of power functions which may be administrative, investigatory,
embodied in statutory regulatory, quasi legislative, or quasi-judicial or mix of
administrative law, and the five, as may be conferred by the constitution or
imposing and constantly by the statute. They have in fine only such powers or
expanding body of law. authority as are granted or delegated, expressly or
As to Purpose impliedly, by law. And in determining whether an
Adjective or Procedural Substantive agency has certain powers, the inquiry should be
Administrative Law Administrative Law from the law itself. But once ascertained as existing,
Establishes the Derived from same the authority given should be liberally construed.
procedure which an sources but contents are (Soriano v. MTRCB, G.R. No. 165785, April 29,2009)
agency must or may different in that the law
follow in the pursuit of establishes primary rights Q: What is an instrumentality?
its legal purpose. and duties.

A: An instrumentality is deemed to refer to any A: To:

agency of the National Government, not integrated 1. Help unclog court dockets
within the department framework, vested with 2. Meet the growing complexities of modern
special functions or jurisdiction by law, endowed with society
some if not all corporate powers, administering 3. Help in the regulation of ramified activities of
special funds and enjoying operational autonomy, a developing country
usually through a charter. This term includes
regulatory agencies, chartered institutions and KINDS
government-owned or controlled corporations.
(United Residents of Dominican Hills v. Commission on Q: What are the kinds of administrative bodies or
The Settlement Of Land Problems, G.R. No. 135945, agencies?
March 7, 2001)
A: The common kinds of administrative agencies have
Q: What is an Agency? been classified according to their purpose
1. Those created to function in situations wherein
A: An agency is any of the various units of the the government is offering some gratuity, grant,
government, including a department, bureau, office, or special privilege
instrumentality, or government-owned or controlled Examples: GSIS, SSS, PAO
corporations, or a local government or a distinct unit
therein. (Sec.2, Introductory Provisions, E.O. No. 292 2. Those set up to function in situations wherein
Administrative Code of 1987) the government is seeking to carry on certain
functions of government
Q: What is a department? Examples: BIR, BOC, BOI
A: A department refers to an executive department 3. Those set up in situations wherein the

created by law. (Sec.2 (7), Introductory Provisions, government is performing some business service
E.O. No. 292 Administrative Code of 1987) for the public
Examples: PNR, MWSS, NFA, NHA
Q: What is a bureau?
4. Those set up to function in situations wherein
A: A bureau refers to any principal subdivision or unit the government is seeking to regulate businesses
of any department. (Sec.2 (8), Introductory Provisions, affected with public interest
E.O. No. 292 Administrative Code of 1987) Examples: Insurance Commission, LTFRB, NTC
Q: What is an office? 5. Those set up to function in situations wherein

the government is seeking under the police
A: An office refers, within the framework of power to regulate private businesses and
governmental organization, to any major functional individuals
unit of a department or bureau including regional Examples: SEC, MTRCB
offices. It may also refer to any position held or
occupied by individual persons, whose functions are 6. Those agencies set up to function in situations
defined by law or regulation. (Sec.2 (9), Introductory wherein the government is seeking to adjust
Provisions, E.O. No. 292 Administrative Code of individual controversies because of some strong
1987) social policy involved
Examples: NLRC, ECC, SEC (Source: De Leon, Jr.,
MANNER OF CREATION Administrative Law: Text and Cases. 2010)
Q: How are agencies created? POWERS OF ADMINISTRATIVE AGENCIES
A: By: Q: What is the definition of administrative power or

1. Constitutional provision function?
2. Authority of law
3. Legislative enactment A: Those which involve the regulation and control
over the conduct and affairs of individuals for; their
Q: Cite reasons for the creation of administrative own welfare and the promulgation of rules and
agencies. regulations to better carry out the policy of the

ADMINISTRATIVE LAW
legislature or such as are devolved upon the Q: Do all administrative agencies perform the same
administrative agency by the organic law of its functions or exercise the same types of powers?
existence. (In re: Rodolfo U. Manzano,A.M. No. 88-7-
1861-RTC, Oct. 5, 1988) A: No. Not all administrative agencies perform the
same functions or exercise the types of powers.
Q. What are the two powers of Administrative While some act merely as investigative or advisory
Agencies? bodies, most administrative agencies have
investigative, rule-making, and determinative
A. functions, or at least two of such functions. (Source:
1. Discretionary the law imposes a duty upon a De Leon, Jr., Administrative Law: Text and Cases.
public officer, and gives him the right to decide 2010)
how or when the duty shall be performed.
2. Ministerial is one which is as clear and specific QUASI-LEGISLATIVE (RULE-MAKING) POWER
as to leave no room for the exercise of discretion
in its performance. Q: Define quasi-legislative power.
Q: What are the three basic powers of A: Quasi-legislative power or rule-making power is
administrative agencies? the exercise of delegated legislative power, involving
no discretion as to what the law shall be, but merely
A: the authority to fix the details in the execution or
1. Quasi-legislative power or rule-making power enforcement of a policy set out in the law itself.
2. Quasi-judicial or adjudicatory power
3. Determinative power Q: Distinguish between legislative and quasi-
legislative power.
Q: Distinguish between quasi-legislative and quasi-
judicial power. A:
LEGISLATIVE QUASI-LEGISLATIVE
A: involves the discretion Involves the discretion
QUASI-LEGISLATIVE QUASI-JUDICIAL to determine what the to determine how the
Operates on the future Operates based on past law shall be law shall be enforced
facts CANNOT be delegated CAN be delegated
Has general application Has particular
application (applies Q: What are the limitations to the exercise of quasi-
only to the parties legislative power?
involved in a dispute)
Issuance pursuant to the Issuance pursuant to A:
exercise of quasi- the exercise of quasi- 1. It must be within the limits of the powers
legislative power may be judicial power may, as granted to administrative agencies.
assailed in court without a rule, only be 2. Cannot make rules or regulations which are
subscribing to the challenged in court inconsistent with the provision of the
doctrine of exhaustion with prior exhaustion Constitution or statute.
of administrative of administrative 3. Cannot defeat the purpose of the statute.
remedies (DEAR). remedies. 4. May not amend, alter, modify, supplant, enlarge,
A valid exercise of quasi- A valid exercise of or limit the terms of the statute.
legislative power does quasi-judicial power 5. A rule or regulation must be uniform in
not require prior notice requires prior notice operation, reasonable and not unfair or
and hearing (except and hearing (except discriminatory.
when the law requires when the law requires
it). it) Q: What is an administrative rule?
An issuance pursuant to An issuance pursuant
the exercise of quasi- to the exercise of A: An administrative rule is defined as any agency
legislative power may be quasi-judicial function statement of general applicability that implements or
assailed in court through is appealed to the interprets a law, fixes and describes procedures in, or
an ordinary action. Court of Appeals via practice requirements of, an agency, including its
petition for review regulations. The term includes memoranda or
(Rule 43). statements concerning the internal administration or

management of an agency not affecting the rights of, A: Yes. Publication is required as a condition
or procedure available to the public. (Administrative precedent to the effectivity of a law to inform the
Code of 1987, Cruz) public of the contents of the law or rules and
regulations before their rights and interests are
Q: What is the source of the power to promulgate affected by the same. (Philippine International
administrative rules and regulations? Trading Corporation v. Commission on Audit, G.R. No.
132593, June 25, 1999)
A: The power to promulgate regulations is derived
from the legislature, by virtue of a valid delegation, Q: What are the exceptions to the requirement of
either expressed or implied. (Ibid.) publication?
Q: Is notice and hearing necessary for the validity of A:

promulgating an administrative rule or regulation? 1. Interpretative regulations
2. Internal regulations
A: As a general rule, in the performance of its 3. Letters of instructions(Taada v. Tuvera G.R. No.
executive or legislative functions, such as issuing rules L-63915, Dec. 29, 1986)
and regulations, an administrative body need not
comply with the requirements of notice and hearing. Q: When do administrative rules take effect?
(Corona v. United Harbor Pilots Association of the
Philippines, G.R. No. 111963, Dec. 12, 1997) A:
GR: Administrative rules take effect depending on the
The exception being where the legislature itself date provided by it.
requires it and mandates that the regulation shall be
based on certain facts as determined at an XPN: 15 days after publication if the
appropriate investigation (Administrative Code of administrative rules is silent.
1987, Cruz)
Q: May an administrative agency promulgate rules
Also, when, upon the other hand, the administrative providing for penal sanction?
rule goes beyond merely providing for the means that
can facilitate or render least cumbersome the A: Yes, provided the following requisites are
implementation of the law but substantially adds to complied with:
or increases the burden of those governed, it 1. The law must declare the act punishable;
behooves the agency to accord at least to those 2. The law must define the penalty;
directly affected a chance to be heard, and thereafter 3. The rules must be published in the Official
to be duly informed, before that new issuance is Gazette. (The Hon. Secretary Vincent S. Perez v.
given the force and effect of law. (Commissioner of LPG Refillers Association of the Philippines, G.R.
Internal Revenue v. CA, G.R. No. 11976, Aug. 26, No. 159149, June 26, 2006)
1996)
Q: Are administrative officers tasked to implement
Q: Do administrative rules or regulations need to be the law also authorized to interpret the law?
filed with the UP Law Center?
A: Yes, because they have expertise to do so. (PLDT v.
A: Yes. The Administrative Code of 1987, particularly NTC, G.R. No. 88404, Oct. 18, 1990)
Section 3 thereof, expressly requires each agency to
file with the Office of the National Administrative Q: Are constructions of administrative officers
Register (ONAR) of the University of the Philippines binding upon the courts?
Law Center three certified copies of every rule
adopted by it. Administrative issuances which are not A: Such interpretations of administrative officer are
published or filed with the ONAR are ineffective and given great weight, unless such construction is clearly
may not be enforced. (GMA vs. MTRCB, G.R. No. shown to be in sharp contrast with the governing law
148579, Feb.5, 2007) or statute. (Nestle Philippines Inc. v. CA, G.R. No.
86738, Nov. 13, 1991)
Q: Is publication necessary for the validity of an
administrative rule or regulation? Q: What is the Doctrine of Subordinate Legislation?

ADMINISTRATIVE LAW
A: Power of administrative agency to promulgate 1. The statute is complete in itself, setting forth the
rules and regulations on matters within their own policy to be executed by the agency
specialization. (Completeness test); and
2. Said statute fixes a standard, mapping out the
Q: What is the reason behind the delegation? boundaries of the agencys authority to which it
must conform (Sufficient standard test).
A: It is well established in this jurisdiction that, while
the making of laws is a non-delegable activity that QUASI-JUDICIAL (ADJUDICATORY) POWER
corresponds exclusively to Congress, nevertheless the
latter may constitutionally delegate authority to Q: Define quasi-judicial power.
promulgate rules and regulations to implement a
given legislation and effectuate its policies, for the A: It is the power of administrative authorities to
reason that the legislature often finds it impracticable make determinations of facts in the performance of
(if not impossible) to anticipate and provide for the their official duties and to apply the law as they
multifarious and complex situations that may be met construe it to the facts so found. It partakes the
in carrying the law into effect. All that is required is nature of judicial power, but is exercised by a person
that the regulation should be germane to the objects other than a judge.
and purposes of the law; that the regulation be not in
contradiction with it, but conform to the standards Q: How is the jurisdiction of a quasi-judicial agency
that the law prescribes. construed?
Q: What is the concept of Contemporaneous A: An administrative body to which quasi-judicial

Construction? power has been delegated is a tribunal of limited
A: The construction placed upon the statute by an jurisdiction and as such it could wield only such
executive or administrative officer called upon to powers as are specifically granted to it by its enabling
execute or administer such statute. statute. Its jurisdiction is interpreted strictissimi juris.
These interpretative regulations are usually in the Q: What are the conditions for the proper exercise
form of circulars, directives, opinions, and rulings. of quasi-judicial power?
Note: Contemporaneous construction, while in no case A: The proper exercise of the quasi-judicial power
binding upon the courts, is nevertheless entitled to great requires compliance with two conditions:
weight and respect in the interpretation of ambiguous 1. Jurisdiction must be properly acquired by
provisions of the law, unless it is shown to be clearly the administrative body;
erroneous. 2. Due process must be observed in the
conduct of the proceedings.
KINDS OF ADMINISTRATIVE RULES AND
REGULATIONS Q: What are the classifications of adjudicatory
powers?
Q: What are the kinds of administrative rules and
regulations? A:
1. Enabling powers characterized by the grant or
A: denial of permit or authorization
1. Supplementary or detailed legislation Example: Issuance of licenses to engage in a
2. Interpretative legislation particular business.
3. Contingent legislation
4. Procedural 2. Directing powers those that involve the
5. Interpretative corrective powers of public utility commissions,
6. Internal powers of assessment under the revenue laws,
7. Penal reparations under public utility laws, and awards
under workmens compensation laws, and
REQUISITES FOR VALIDITY powers of abstract determination such as
definition-valuation, classification and fact
Q: What are the requisites for a valid delegation of finding
quasi-legislative or rule-making power?
3. Dispensing powers exemplified by the authority
A: to exempt from or relax a general prohibition, or

authority to relieve from an affirmative duty. Its 6. The tribunal or body of any of its judges must act
difference from licensing power is that on its own independent consideration of the law
dispensing power sanctions a deviation from a and facts of the controversy in arriving at a
standard. decision;
7. The board or body should render decision that
4. Summary powers those that apply compulsion parties know the various issues involved and
or force against person or property to effectuate reason for such decision
a legal purpose without a judicial warrant to 8. Officer or tribunal must be vested with
authorize such action. competent jurisdiction and must be impartial and
Examples: Abatement of nuisance, summary honest. (Ang Tibay v. CIR, G.R. No. L-46496, Feb.
restraint, levy of property of delinquent tax 27, 1940)
payers
Note: The essence of due process in administrative
5. Equitable powers pertain to the power to proceedings is the opportunity to explain ones side or seek
a reconsideration of the action or ruling complained of. As
determine the law upon a particular state of facts
long as the parties are given the opportunity to be heard
has the right to, and must, consider and make before judgment is rendered, the demands of due process
proper application of the rules of equity. are sufficiently met. What is offensive to due process is the
Examples: Power to appoint a receiver, power to denial of the opportunity to be heard. (Flores v.
issue injunctions Montemayor, G.R. No. 170146, June 6, 2011)
ADMINISTRATIVE DUE PROCESS Q: What is the effect of non-observance of notice

and hearing?
Q: What is the nature of administrative
proceedings? A: As a rule, the non-observance of notice and
hearing will invalidate the administrative
A: It is summary in nature. proceedings. A failure to comply with the
requirements may result in a failure to acquire
Q: Is administrative proceedings bound by technical jurisdiction.
rules of procedure and evidence?
Note: Right to notice may be waived.
A: No. The technical rules of procedure and of
Q: Does administrative due process always entail
evidence prevailing in courts of law and equity are
notice and hearing prior to the deprivation of a
not controlling in administrative proceedings to free
right?
administrative boards or agencies from the
compulsion of technical rules so that the mere
A: No.A hearing may occur after the deprivation.
admission of matter which would be deemed
What the law prohibits is not the absence of previous
incompetent in judicial proceedings would not
notice but the absolute absence thereof and the lack
invalidate an administrative order.
of opportunity to be heard.
Note: The rules of procedure of quasi-judicial bodies shall
Note: There has been no denial of due process if any
remain effective unless disapproved by the Supreme Court.
irregularity in the premature issuance of the assailed
decision has been remedied by an order giving the petitions
Q: What are the cardinal requirements of due the right to participate in the hearing of the MR. The
process in administrative proceedings? opportunity granted by, technically, allowing petitioners to
finally be able to file their comment in the case, resolves
A: the procedural irregularity previously inflicted upon
1. Right to a hearing which includes the right to petitioners. (Nasecore v. ERC, G.R. No. 190795, July 6, 2011)
present ones case and submit evidence in
support Q: When is the requirement of notice and hearing
2. The tribunal must consider the evidence not necessary?
presented
3. The decision must be supported by evidence A:
4. Such evidence must be substantial 1. Urgency of immediate action
5. The decision must be based on the evidence 2. Tentativeness of administrative action
presented at the hearing or at least contained in 3. Grant or revocation of licenses or permits to
the record, and disclosed to the parties affected operate certain businesses affecting public order
or morals

ADMINISTRATIVE LAW
4. Summary abatement of nuisance per se which Administrative reviews by a superior officer are,
affects safety of persons or property however, subject to the caveat that a final and
5. Preventive suspension of public officer or executory decision is not included within the power
employee facing administrative charges of control, and hence can no longer be altered by
6. Cancellation of a passport of a person sought for administrative review.
criminal prosecution
7. Summary proceedings of distraint and levy upon Q: What are the different types and kinds of
property of a delinquent taxpayer administrative appeal and review?
8. Replacement of a temporary or acting appointee
9. Right was previously offered but not claimed A: That:
1. Which inheres in the relation of administrative
Q: Does the due process clause encompass the right superior to administrative subordinate
to be assisted by counsel during an administrative 2. Embraced in statutes which provide for
inquiry? determination to be made by a particular officer
or body subject to appeal, review or
A: No. The right to counsel which may not be waived, redetermination by another officer or body in the
unless in writing and in the presence of counsel, as same agency or in the same administrative
recognized by the Constitution, is a right of a suspect system.
in a custodial investigation. It is not an absolute right 3. In which the statute makes or attempts to make
and may, thus, be invoked or rejected in criminal a court a part of the administrative scheme by
proceeding and, with more reason, in an providing in terms or effect that the court, on
administrative inquiry. (Lumiqued v. Exevea, G.R No.. review of the action of an administrative agency.
117565, Nov. 18, 1997) 4. In which the statute provides that an order made
by a division of a commission or board has the
Q: What is the quantum of proof required in same force and effect as if made by the subject
administrative proceedings? to a rehearing by the commission.
5. In which the statute provides for an appeal to an
A: Only substantial evidence that amount of officer on an appeal to the head of the
relevant evidence that a reasonable mind might department or agency.
accept as adequate to support a conclusion. 6. Embraced in statutes which provide for appeal at
the highest level namely, the president. (De Leon,
Note: The right against self-incrimination may be invoked in page 311)
administrative proceedings. (Cabal v. Kapunan, G.R. No. L-
19052, December 29, 1962) Q: How may administrative decisions be enforced?
ADMINISTRATIVE APPEAL AND REVIEW A: It may be enforced:

1. As provided for by law
Q: What is the concept of Administrative Appeal? 2. Through the courts intervention
A: It refers to the review by a higher agency of ADMINISTRATIVE RES JUDICATA

decisions rendered by an administrative agency,
commenced by petition of an interested party. Q: Does the doctrine of res judicata apply to
administrative proceedings?
Note: Under the 1987 Administrative Code, administrative
appeals from a decision of an agency are taken to the
A: The doctrine of res judicata applies only to judicial
Department Head, unless such appeal is governed by a
special law. or quasi-judicial proceedings and not to the exercise
of purely administrative functions. Administrative
Q: What is the concept of administrative review? proceedings are non-litigious and summary in nature;
hence, res judicata does not apply.
A: Administrative appeals are not the only way by
which a decision of an administrative agency may be Q: Is the application of res judicata in administrative
reviewed. A superior officer or department head may proceedings absolute?
upon his or her own volition review a subordinates
decision pursuant to the power of control. A: The doctrine of res judicata does not apply to the
following administrative cases
1. Naturalization proceedings or those
involving citizenship and immigration;

2. Labor relations 4. Factual findings not supported by Evidence

3. Family relations, personal status or 5. Grave abuse of discretion, arbitrariness, or
condition, and capacity of persons capriciousness is manifest
6. When expressly allowed by Statute; and
Note: It is well settled that findings of fact of quasi-judicial 7. Error in appreciation of the pleadings and in
agencies, such as the COA, are generally accorded respect the interpretation of the documentary
and even finality by this Court, if supported by substantial evidence presented by the parties
evidence, in recognition of their expertise on the specific
matters under their jurisdiction. (Reyna v. Commission on
Q: Define investigatory power
Audit, G.R. No. 167219, February 8, 2011)
DETERMINATIVE POWER A: It is the power to inspect, secure, or require the

disclosure of information by means of accounts,
Q: Define determinative powers. records, reports, statements and testimony of
witnesses. This power is implied and not inherent in
A: It is the power of administrative agencies to better administrative agencies.
enable them to exercise their quasi-judicial authority.
Q: Is the power to issue subpoena inherent in
Q: What consists determinative powers? administrative bodies?
A: DEDE_S A: No. It is settled that these bodies may summon

1. Enabling Permits the doing of an act which the witnesses and require the production of evidence
law undertakes to regulate and which would be only when duly allowed by law, and always only in
unlawful without governmental orders. connection with the matter they are authorized to
2. Directing Orders the doing or performing of investigate.
particular acts to ensure the compliance with the
law and are often exercised for corrective Q: Do administrative agencies have the power to
purposes. declare persons in contempt?
3. Dispensing To relax the general operation of a
law or to exempt from general prohibition, or to A: The power to punish for contempt is not an
relieve an individual or a corporation from an inherent right by the administrative body. It must be
affirmative duty. expressly conferred upon by the body, and
4. Examining This is also called as investigatory additionally, must be used only in connection with its
power. It requires production of books, papers, quasi-judicial as distinguished from its purely
etc., the attendance of witnesses and compelling administrative or routinary functions.
the testimony.
5. Summary Power to apply compulsion of force Note: If there is no express grant, the agency must
against persons or property to effectuate a legal invoke the aid of the RTC.
purpose without judicial warrants to authorize
such actions. Q: May administrative agencies issue warrants of
arrest or administrative searches?
FACT-FINDING, INVESTIGATIVE, LICENSING AND
RATE-FIXING POWERS A: GR: Administrative agencies cannot issue warrants
of arrest. Under the 1987 Constitution, only a judge
Q: Is the rule that findings of facts by administrative may issue warrants.
agencies are binding on the courts subject to any
exceptions? XPN: In cases of deportation of illegal and
undesirable aliens, whom the President or
A: the Commissioner of Bureau of Immigration
GR: Yes. and Deportation may order arrested
following a final order of deportation.
XPN: FIPE GES (Salazar v. Achacoso, G.R. No. 81510, March
1. Findings are vitiated by Fraud, imposition, or 14, 1990)
collusion
2. Procedure which led to factual findings is Q: What is Licensing Power?
Irregular
3. Palpable errors are committed A: The action of an administrative agency in granting
or denying, or in suspending or revoking, a license,

ADMINISTRATIVE LAW
permit, franchise, or certificate of public convenience A: Where the rules and/or rates laid down are meant
and necessity. (De Leon, Administrative Law, 2010) to apply to all enterprises of a given kind throughout
the country, they may partake of a legislative
Q: What is the nature of an administrative agencys character. If the fixing of rates were a legislative
act if it is empowered by a statute to revoke a function, the giving of prior notice and hearing to the
license for non-compliance or violation of agency affected parties is not a requirement of due process,
regulations? except where the legislature itself requires it. (De
Leon, Administrative Law, 2010)
A: For procedural purposes, an administrative action
is not a purely administrative act if it is dependent Q: What if it is exercised as a quasi-judicial function?
upon the ascertainment of facts by the administrative
agency. Where a statute empowers an agency to A: Where the rules and the rate imposed apply
revoke a license for non-compliance with or violation exclusively to a particular party, based upon a finding
of agency regulations, the administrative act is of a of fact, then its function is quasi-judicial in character.
judicial nature, since it depends upon the
ascertainment of the existence of certain past or As regards rates prescribed by an administrative
present facts upon which a decision is to be made agency in the exercise of its quasi-judicial function,
and rights and liabilities determined. prior notice and hearing are essential to the validity
of such rates. But an administrative agency may be
Q: Define Rate-Fixing Power. empowered by law to approve provisionally, when
demanded by urgent public need, rates of public
A: It is the power usually delegated by the legislature utilities without a hearing. (De Leon, Administrative
to administrative agencies for the latter to fix the Law, 2010)
rates which public utility companies may charge the
public. (De Leon, Administrative Law, 2010) Q: In case of a delegation of rate-fixing power, what
is the only standard which the legislature is required
Q: What does the term rate mean? to prescribe for the guidance of administrative
authority?
A: It means any charge to the public for a service
open to all and upon the same terms, including A: That the rate be reasonable and just. (American
individual or joint rates, tolls, classification or Tobacco Co. v Director of Patents, 67 SCRA 287, 1975)
schedules thereof, as well as communication,
mileage, kilometrage and other special rates which Q: In the absence of an express requirement as to
shall be imposed by law or regulation to be observed reasonableness, may the standard be implied?
and followed by a person.
A: Yes. In any case, the rates must both be non-
Note: Fixing rates is essentially legislative but may be confiscatory and must have been established in the
delegated. (Philippine Inter-Island v. CA, G.R. No. 100481, manner prescribed by the legislature. Even in the
Jan. 22, 1997) absence of an express requirement as to
reasonableness, this standard may be implied. A rate-
Q: How is rate-fixing power performed? fixing order, temporary or provisional though it may
be, is not exempt from the procedural requirements
A: The administrative agencies perform this function of notice and hearing when prescribed by statute, as
either by issuing rules and regulations in the exercise well as the requirement of reasonableness. (De Leon,
of their quasi-legislative power or by issuing orders Administrative Law 2010, pp. 164-165)
affecting a specified person in the exercise of its
quasi-judicial power. (De Leon, Administrative Law, Q: May the delegated power to fix rates be re-
2010) delegated?
Q: May the function of fixing rates be either a A: The power delegated to an administrative agency
legislative or adjudicative function? to fix rates cannot, in the absence of a law
authorizing it, be delegated to another. This is
A: Yes. expressed in the maxim, potestas delagata non
delegari potest. (Kilusang Mayo Uno Labor Center v.
Q: If the power to fix rates is exercised as a Garcia, Jr., 39 SCRA386, 1994)
legislative function, are notice and hearing required?

Q: What are the requirements for the delegation of 2. Administrative remedies must have been
the power to ascertain facts to be valid? exhausted known as (the principle of exhaustion
of administrative remedies.)
A: The law delegating the power to determine some
facts or state of things upon which the law may take Q: What are the limitations on judicial review?
effect or its operation suspended must provide the
standard, fix the limits within which the discretion A:
may be exercised, and define the conditions therefor. 1. Final and executory decisions cannot be made
Absent these requirements, the law and the rules the subject of judicial review.
issued thereunder are void, the former being an 2. Administrative acts involving a political question
undue delegation of legislative power and the latter are beyond judicial review, except when there is
being the exercise if rule-making without legal basis. an allegation that there has been grave abuse of
(U.S. v. Ang Tang Ho, 43 Phil. 1, 1992) discretion.
3. Courts are generally bound by the findings of fact
Q: In connection with the evidence presented before of an administrative agency.
a fact-finding quasi-judicial body, do the latter have
a power to take into consideration the result of its Q: What is the Doctrine of Ripeness for Review?
own observation and investigation of the matter
submitted to it for decision? A: This doctrine is similar to that of exhaustion of
administrative remedies except that it applies to the
A: A fact-finding quasi-judicial body (e.g., Land rule making and to administrative action which is
Transportation Franchising and Regulatory Board) embodied neither in rules and regulations nor in
whose decisions (on questions regarding certificated adjudication or final order.
of public convenience) are influenced not only by the
facts as disclosed by the evidence in the case before it Q: When does the doctrine apply?
but also by the reports of its field agents and
inspectors that are periodically submitted to it, has A:VICS
the power to take into consideration the result of its 1. When the Interest of the plaintiff is subjected to
own observation and investigation of the matter or imminently threatened with substantial injury.
submitted to it for decision, in connection with other 2. If the statute is Self-executing.
evidence presented at the hearing of the case 3. When a party is immediately confronted with the
(Pantranco South Express, Inc. v Board of problem of complying or violating a statute and
Transportation, G.R. No. L-49664, Nov. 22, 1990) there is a risk of Criminal penalties.
4. When plaintiff is harmed by the Vagueness of the
JUDICIAL RECOURSE AND REVIEW statute.
Q: What is the concept of judicial review? Q: What are the questions reviewable by the courts?
A: Judicial review is the re-examination or A:

determination by the courts in the exercise of their 1. Questions of fact
judicial power in an appropriate case instituted by a GR: Courts will not disturb the findings of
party aggrieved thereby as to whether the administrative agencies acting within the
questioned act, rule, or decision has been validly or parameters of their own competence, special
invalidly issued or whether the same should be knowledge, expertise, and experience. The courts
nullified, affirmed or modified. ordinarily accord respect if not finality to factual
findings of administrative tribunals.
Note: The mere silence of the law does not necessarily
imply that judicial review is unavailable. XPN: If findings are not supported by
substantial evidence.
Q: What are the requisites of judicial review of
administrative action? 2. Questions of Law administrative decisions may
be appealed to the courts independently of
A: legislative permission. It may be appealed even
1. Administrative action must have been completed against legislative prohibition because the
(the principle of finality of administrative action); judiciary cannot be deprived of its inherent
and power to review all decisions on questions of
law.

ADMINISTRATIVE LAW
3. Mixed ( law and fact) when there is a mixed

question of law and fact and the court cannot A: When
separate the elements to see clearly what and 1. By the court's determination, the legislature did
where the mistake of law is, such question is not intend that the issues be left solely to the
treated as question of fact for purposes of review initial determination of the administrative body.
and the courts will not ordinarily review the 2. The issues involve purely questions of law.
decision of the administrative tribunal. 3. Courts and administrative bodies have
concurrent jurisdiction.
Q: Can courts render a decree in advance of
administrative action? Q: Can the court motu proprio raise the issue of
primary jurisdiction?
A: Courts will not render a decree in advance of
administrative action. Such action would be rendered A: The court may motu proprio raise the issue of
nugatory. primary jurisdiction and its invocation cannot be
waived by the failure of the parties to argue it, as the
It is not for the court to stop an administrative officer doctrine exists for the proper distribution of power
from performing his statutory duty for fear that he between judicial and administrative bodies and not
will perform it wrongly. for the convenience of the parties. In such case the
court may:
DOCTRINE OF PRIMARY ADMINISTRATIVE 1. Suspend the judicial process pending referral of
JURISDICTION such issues to the administrative body for its
review, or
Q: What is the doctrine of primary jurisdiction or 2. If the parties would not be unfairly
doctrine of prior resort? disadvantaged, dismiss the case without
prejudice. (Euro-Med laboratories Phil. vs.
A: Under the principle of primary jurisdiction, courts Province of Batangas, G.R No. 148706, July 17,
cannot or will not determine a controversy involving 2006)
question within the jurisdiction of an administrative
body prior to the decision of that question by the DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE
administrative tribunal where the: REMEDIES
1. question demands administrative
determination requiring special knowledge, Q: What is the doctrine of exhaustion of
experience and services of the administrative remedies?
administrative tribunal;
2. question requires determination of technical A: This doctrine calls for resort first to the
and intricate issues of a fact; appropriate administrative authorities in the
3. uniformity of ruling is essential to comply resolution of a controversy falling under their
with purposes of the regulatory statute jurisdiction and must first be appealed to the
administered administrative superiors up to the highest level
before the same may be elevated to the courts of
Note: In such instances, relief must first be obtained in justice for review.
administrative proceeding before a remedy will be supplied
by the courts even though the matter is within the proper The premature invocation of court intervention is
jurisdiction of a court. The judicial process is accordingly
fatal to ones cause of action. Exhaustion of
suspended pending referral of the claim to the
administrative remedies is a prerequisite for judicial
administrative agency for its view.
review; it is a condition precedent which must be
Q: What are the reasons for this doctrine? complied with.
A: To Q: What are the reasons for exhausting

1. Take full advantage of administrative expertness; administrative remedies?
and
2. Attain uniformity of application of regulatory A:
laws which can be secured only if determination 1. To enable the administrative superiors to correct
of the issue is left to the administrative body the errors committed by their subordinates.
Q: When is the doctrine inapplicable?

2. Courts should refrain from disturbing the findings A: No. Non-compliance with the doctrine of primary
of administrative bodies in deference to the jurisdiction or doctrine of exhaustion of
doctrine of separation of powers. administrative remedies is not jurisdictional for the
3. Courts should not be saddled with the review of defect may be waived by a failure to assert the same
administrative cases. at the earliest opportune time.
4. Judicial review of administrative cases is usually
effected through special civil actions which are Q: Distinguish the doctrine of primary jurisdiction
available only if there is no other plain, speedy, from the doctrine of exhaustion of administrative
and adequate remedy. remedies.
5. To avail of administrative remedy entails lesser
expenses and provides for a speedier disposition A:
of controversies. DOCTRINE OF
DOCTRINE OF
EXHAUSTION OF
PRIMARY
Q: What are the exceptions to the application of the ADMINISTRATIVE
JURISDICTION
doctrine? REMEDIES
Both deal with the proper relationships between
A: the courts and administrative agencies.
1. Violation of Due process Applies where a case is Applies where a claim is
2. When there is Estoppel on the part of the within the concurrent cognizable in the first
administrative agency concerned jurisdiction of the court instance by an
3. When the issue involved is a purely Legal and an administrative administrative agency
question agency but the alone
4. When there is Irreparable injury determination of the
5. When the administrative action is patently illegal case requires the
amounting to Lack or excess of jurisdiction technical expertise of
6. When the respondent is a Department Secretary the administrative
whose acts as an Alter ego of the President bears agency
the implied and assumed approval of the latter Although the matter is Judicial interference is
7. When the subject matter is a Private land case within the jurisdiction withheld until the
proceedings of the court, it must administrative process
8. When it would be Unreasonable yield to the jurisdiction has been completed
9. When no administrative review is provided by of the administrative
Law case
10. When the rule does not provide a Plain, speedy,
and adequate remedy DOCTRINE OF FINALITY OF
11. When the issue of non-exhaustion of ADMINISTRATIVE ACTION
administrative remedies has been rendered
Moot Q: What is the doctrine of finality of administrative
12. When there are circumstances indicating the action?
Urgency of judicial intervention
13. When it would amount to a Nullification of a A: This doctrine provides that no resort to courts will
claim; and be allowed unless administrative action has been
14. Where the rule of Qualified political agency completed and there is nothing left to be done in the
applies. (Laguna CATV Network v. Maraan, G.R. administrative structure.
No. 139492, Nov. 19, 2002)
Q: What are the instances where the doctrine finds
Q: What is the effect of non-exhaustion of no application?
administrative remedies?
A: DEAR PIA
A: It will deprive the complainant of a cause of action, 1. To grant relief to Preserve the status quo
which is a ground for a motion of dismiss. pending further action by the administrative
agency
Q: Is non-compliance with the doctrines of primary 2. When it is Essential to the protection of the
jurisdiction or exhaustion of administrative rights asserted from the injuries threatened
remedies a jurisdictional defect? 3. Where an administrative officer Assumes to act
in violation of the Constitution and other laws

ADMINISTRATIVE LAW
4. Where such order is not Reviewable in any other

way and the complainant will suffer great and
obvious damage if the order is carried out
5. To an Interlocutory order affecting the merits of
a controversy
6. To an order made in excess of power, contrary to
specific prohibition in the statute governing the
agency and thus operating as a Deprivation of a
right assured by the statute
7. When review is Allowed by statutory provisions.
Note: Appeal to the CA is allowed because a quasi-judicial

agency is equivalent in rank with the RTC.(Rule 43, RoC)

ELECTION LAW must identify the total number of respondents,

and the places where they were taken. Said
SUFFRAGE announcement shall state that the same is
unofficial and does not represent a trend. (Sec.
Q: What is the right of suffrage? 27, COMELEC Resolution 9615, 15 January 2013)
A: It is the right to vote in the election of officers Q: What is an election?

chosen by the people and in the determination of
questions submitted to the people. It includes: A: It is the selection of candidates to public office by
1. Election popular vote of the people.
2. Plebiscite
3. Initiative and Q: What are the components of an election?
4. Referendum
A:
Q: Is the right of suffrage absolute? 1. Choice or selection of candidates to public office
by popular vote
A: No. Needless to say, the exercise of the right of 2. Conduct of the polls
suffrage, as in the enjoyment of all other rights, is 3. Listing of votes
subject to existing substantive and procedural 4. Holding of electoral campaign
requirements embodied in our Constitution, statute 5. Act of casting and receiving the ballots from the
books and other repositories of law. (AKBAYAN- voters
YOUTH v. COMELEC, G.R. No. 147066, March 26, 6. Counting the ballots
2001) 7. Making the election returns
8. Proclaiming the winning candidates
Q: Does the conduct of exit polls transgress the
sanctity and secrecy of the ballot? Q: What are the types of elections?
A: No. In exit polls, the contents of the official ballot A:

are not actually exposed. Furthermore, the revelation A. Regular election refers to an election
of whom an elector has voted for is not compulsory, participated in by those who possess the right of
but voluntary. suffrage, are not otherwise disqualified by law,
and who are registered voters.
Voters may also choose not to reveal their identities. a. National Election
Indeed, narrowly tailored countermeasures may be i. for President and VP
prescribed by the COMELEC, so as to minimize or ii. for Senators
suppress incidental problems in the conduct of exit iii. for Party List Representatives
polls, without transgressing the fundamental rights of b. Local Elections
our people. (ABS-CBN Broadcasting Corporation v. i. For Members of HOR
COMELEC, G.R. No. 133486, Jan. 28, 2000) ii. Provincial Officials
iii. City Officials
Q: What are the requirements in the conduct of exit iv. Municipal Officials
polls? c. Barangay Elections
d. ARRM Elections
A: i. For Regional Governor
a. Pollster shall not conduct their surveys within ii. Regional Vice Governor
fifty (50) meters from the polling place, whether iii. Regional Assemblymen
said survey is taken in a home, dwelling place e. Sangguniang Kabataan (SK) Elections
and other places;
B. Special election one held to fill a vacancy in
b. Pollsters shall wear distinctive clothing and office before the expiration of the term for which
prominently wear their identification cards the incumbent was elected.
issued by the organization they represent;
It is when there is failure of election on the
c. Pollsters shall inform the voters that they may scheduled date of regular election in a particular
refuse to answer; and place or which is conducted to fill up certain
d. The results of the exit polls may be announced vacancies, as provided by law (Agpalo, 2005)
after the closing of the polls on election day, and

ELECTION LAW
a. Plebisciteelectoral process by which an 2. At least 18 years of age

initiative on the Constitution is approved or 3. Resident of the Philippines for at least one year
rejected by the people. 4. Resident of the place where he proposes to vote
b. Initiativepower of the people to propose for at least 6 months; and
amendments to the Constitution or to 5. Not otherwise disqualified by law (Sec. 1, Art. V,
propose and enact legislations through 1987 Constitution)
election called for the purpose
i. Initiative on the Constitution Note: These qualifications are continuing requirements.
ii. Initiative on Statutes Congress may not add qualifications but can provide for
iii. Initiative on Local Legislation procedural requirements and disqualifications. However,
the disqualifications must not amount to qualifications.
c. Referendumpower of the electorate to
approve or reject a piece of legislation
through an election called for the purpose. Q: What are the procedural qualifications?
i. Referendum on Statutes
ii. Referendum on Local Laws A: As to the procedural limitation, the right of a
d. Recallmode of removal of an elective citizen to vote is necessarily conditioned upon certain
public officer by the people before the end procedural requirements he must undergo: among
of his term of office. others, the process of registration. Specifically, a
citizen in order to be qualified to exercise his right to
Q: What are the rules on construction of election vote, in addition to the minimum requirements set by
laws? the fundamental charter, is obliged by law to register,
at present, under the provisions of Republic Act No.
A: 8189, otherwise known as the Voters Registration
Act of 1996. (Akbayan-Youth v. COMELEC, G.R. No.
CONSTRUCTION OF ELECTION LAW
147066, Mar. 26, 2001)
Laws for conduct of Before the election:
elections Mandatory
Q: Who are disqualified to vote?
After the election:
Directory
A:
Laws for Mandatory and strictly 1. Persons sentenced by final judgment to suffer
candidates construed imprisonment for not less than one year, unless
Procedural rules Liberally construed in pardoned or granted amnesty; but right is
favor of ascertaining the reacquired upon expiration of 5 years after
will of the elections service of sentence
Q: When will the election period commence? 2. Conviction by final judgment of any of the
following crimes:
A: The election period shall commence 90 days a. Crime involving disloyalty to the
before the day of the election and shall end 30 days government
thereafter. (Sec. 3, B.P. 881 Omnibus Election Code) b. Any crime against national security
c. Firearms laws
Q: What is the purpose of an election? But right is reacquired upon expiration of 5 years
after service of sentence.
A: The purpose of an election is to enable the
electorate to choose the men and women who would 3. Insanity or incompetence declared by competent
run their government, whether national, provincial, authority (Sec. 118, B.P. 881 Omnibus Election
city, municipal or barangay. (Teves v. Comelec, G.R. Code)
No. L-5150, Nov. 8, 1951)
REGISTRATION OF VOTERS
QUALIFICATION AND
DISQUALIFICATION OF VOTERS Q: Does registration confer the right to vote?
Q: What are the qualifications for the exercise of A: No. It is but a condition precedent to the exercise
suffrage? of the right to vote. Registration is a regulation, not a
qualification. (Yra v. Abano, G.R. No. L-30187,
A: November 15, 1928)
1. Filipino citizenship

Q: What is domicile? subsists. She may be barred from voting or running

for mayor in the former, but she may still exercise her
A: A place to which, whenever absent for business or right to vote, or even run for an elective post, in the
for pleasure, one intends to return, and depends on latter. (Maruhom v. COMELEC, G.R. No. 179430, July
facts and circumstances in the sense that they 27, 2009)
disclose intent. (Romualdez-Marcos vs. COMELEC,
G.R. No. 119976, Sept. 18, 1995) Q: Are double registrants still qualified to vote?
Q: What is residence for election purposes? A: Yes, double registrants are still qualified to vote
provided that COMELEC has to make a determination
A: It implies the factual relationship of an individual on which registration is valid, and which is void.
to a certain place. It is the physical presence of a COMELEC could not consider both registrations valid
person in a given area, community or country. For because it would then give rise to the anomalous
election purposes the concepts of residence and situation where a voter could vote in two precincts at
domicile are dictated by the peculiar criteria of the same time. COMELEC laid down the rule in
political laws. As these concepts have evolved in our Minute Resolution No. 00-1513 that while the first
election law, what has clearly and unequivocally registration of any voter subsists, any subsequent
emerged is the fact that residence for election registration thereto is void ab initio. (Maruhom v.
purposes is used synonymously with domicile. (Ibid.) COMELEC, G.R. No. 179430, July 27, 2009)
Q: What is the effect of transfer of residence? Q: Wil filed a petition for the cancellation of the
certificate of candidacy (COC) of Allen. Essentially,
A: Any person, who transfers residence solely by Wil sought the disqualification of Allen for Mayor of
reason of his occupation, profession or employment South Upi, Maguindanao, alleging, that Allen was
in private or public service, education, etc., shall not not a registered voter in the Municipality of South
be deemed to have lost his original residence. (Asistio Upi, Maguindanao since he failed to sign his
v. Aguirre, G.R. No. 191124, April 27, 2010) application for registration, and that the unsigned
application for registration has no legal effect. In
Q: Who is a double-registrant? refutation, Allen asseverated that his failure to sign
his application for registration did not affect the
A: Any person who, being a registered voter, registers validity of his registration since he possesses the
anew without filing an application for cancellation of qualifications of a voter set forth in the Omnibus
his previous registration. (Sec. 26 (y)(6), Omnibus Election Code as amended by Section 9 of Republic
Election Code) Act 8189. Wil insists that the signature in the
application for registration is indispensable for its
Q: Eisel registered as a voter in Marawi on 26 July validity as it is an authentication and affirmation of
2003. Only three days after, Eisel again registered as the data appearing therein. Should Allen be
a voter in Marantao, without first canceling her disqualified?
registration in Marawi; and on 28 March 2007, Eisel
filed her COC declaring that she was a registered A: Yes. R.A. 8189, The Voters Registration Act of
voter in Marantao and eligible to run as a candidate 1996, specifically provides that an application for
for the position of mayor of said municipality. Is she registration shall contain specimen signatures of the
still qualified to run for such position in Marantao? applicant as well as his/her thumbprints, among
others. The evidence shows that Allen failed to sign
A: No. Her prior registration makes her subsequent very important parts of the application, which refer
registration null and void. She cannot be considered a to the oath which Allen should have taken to validate
registered voter in Marantao and thus she made a and swear to the veracity of the contents appearing
false representation in her COC when she claimed to in the application for registration. Plainly, from the
be one. If a candidate states a material foregoing, the irregularities surrounding Allens
representation in the COC that is false, the COMELEC application for registration eloquently proclaims that
is empowered to deny due course to or cancel the he did not comply with the minimum requirements of
COC. The person whose COC is denied due course or RA 8189. This leads to only one conclusion: that
cancelled under Section 78 of the OEC is not treated Allen, not having demonstrated that he duly
as a candidate at all, as if such person never filed a accomplished an application for registration, is not a
COC. However, although Eisels registration in registered voter. Hence, he must be disqualified to
Marantao is void, her registration in Marawi still

ELECTION LAW
run for Mayor. (Gunsi Sr. v. COMELEC, G.R. No. A: In the present case, the Court finds no ground to
168792, Feb. 23, 2009) hold that the mandate of continuing voter
registration cannot be reasonably held within the
Q: "Sheldon", while of legal age and of sound mind, period provided by RA 8189 (Absentee Voting), Sec.8
is illiterate. He has asked your advice on how he can daily during the office hours, except during the
vote in the coming election for his brother is running period starting 120 days before the May 10,2010
for mayor. This will be the first time "Sheldon" will regular elections. There is thus no occasion for the
vote and he has never registered as a voter before. COMELEC to exercise its power to fix other dates or
What advice will you give him on the procedure he deadlines thereof.
needs to follow in order to be able to vote?
The present case differs significantly from the
A: The Constitution provides that until Congress shall Akbayan-Youth vs. COMELEC. In the said case, the
have provided otherwise, illiterate and disabled Court held that the COMELEC did not abuse its
voters shall be allowed to vote under existing laws discretion in denying the request of the therein
and regulations (Art, V, Sec. 2). It is necessary for any petitioners for an extension of the Dec. 27, 2000
qualified voter to register in order to vote. (Omnibus deadline of voter registration for the May 14, 2001
Election Code, Sec. 115) In the case of illiterate and elections. For the therein petitioners filed their
disabled voters, their voter's affidavit may be petition with the court within the 120-day period for
prepared by any relative within the fourth civil degree the conduct of voter registration under Sec. 8, RA
of consanguinity or affinity or by any member of the 8189, and sought the conduct of a two-day
board of election inspectors who shall prepare the registration of Feb. 17, and 18, 2001, clearly within
affidavit in accordance with the data supplied by the the 120-day prohibited period.
applicant. (Sec. 14, R.A. No. 8189)
The clear import of the Courts pronouncement in
Q: What is the system of continuing registration? Akbayan-Youth is that had therein petitioners filed
their petition and sought an extension date that
A: GR: It is a system where the application of was before the 120-day prohibitive period, their
registration of voters shall be conducted daily in the prayer would have been granted pursuant to the
office hours of the election officer during regular mandate of RA 8189 (Absentee Voting). In the
office hours. present case, as reflected earlier, both the dates of
filing of the petition (October 30, 2009) and the
XPN: No registration shall be conducted extension sought (until January 9, 2010) are prior to
during the period starting 120 days before a the 120 day prohibitive period. The Court therefore,
regular election and 90 days before a special finds no legal impediment to the extension prayed
election (Sec. 8, R.A. 8189) for. (Kabataan Partylist v. COMELEC, G.R. No. 189868,
Dec. 15, 2009)
Q: On Nov. 12, 2008, respondent COMELEC issued
Resolution 8514 setting Dec. 2, 2008 to Dec.15, 2009 Q: What is absentee voting?
as the period of continuing voter registration using
the biometrics process in all areas except ARMM. A: It is a process by which qualified citizens of the
Subsequently COMELEC issued Resolution 8585 on Philippines abroad exercise their right to vote
Feb. 12, 2009 adjusting the deadline of voter pursuant to the constitutional mandate that Congress
registration for the May 10, 2010 national and local shall provide a system for absentee voting by
elections to Oct. 31, 2009 instead of Dec. 15, 2009 as qualified Filipinos abroad (Sec. 2, Art. V, 1987
previously fixed by Resolution 8514. Petitioners Constitution). Absentee voting is an exception to the
challenged the validity of COMELEC Resolution 8585 six month/one year residency requirement.
and seek the declaration of its nullity. Petitioners (Macalintal v. Romulo, G.R. No. 157013, July 10,
further contend that the COMELEC Resolution 8585 2003)
is an unconstitutional encroachment on the
legislative power of Congress as it amends the Note: The constitutionality of Sec. 18.5 of R.A. 9189
system of continuing voter registration under (Absentee Voting) is upheld with respect only to the
Section 8 of RA 8189. Is COMELEC Resolution 8585 authority given to the COMELEC to proclaim the winning
candidates for the Senators and party-list representatives
valid? Differentiate from the case of Akbayan-Youth
but not as to the power to canvass votes and proclaim the
v. COMELEC.
winning candidates for President and Vice-president. (Ibid.)

Q: Who are qualified to vote under the absentee Note: An immigrant or permanent resident may vote
voting law? if he/she executes, upon registration, an affidavit
prepared for the purpose by the Commission declaring
that he/she shall resume actual physical permanent
A: All citizens of the Philippines abroad, who are not
residence in the Philippines not later than three (3)
otherwise disqualified by law, at least eighteen (18)
years from approval of his/her registration under this
years of age on the day of the elections, may vote for Act. Such affidavit shall also state that he/she has not
president, vice-president, senators and party-list applied for citizenship in another country. Failure to
representatives. (Sec. 4, R.A. 9189) return shall be the cause for the removal of the name
of the immigrant or permanent resident from the
Q: May duals or dual citizens be allowed to vote National Registry of Absentee Voters and his/her
under the Overseas Absentee Voting Act of 2003? permanent disqualification to vote in absentia.
A: Yes. There is no provision in the dual citizenship 5. Any citizen of the Philippines abroad previously
law - R.A. 9225 - requiring "duals" to actually declared insane or incompetent by competent
establish residence and physically stay in the authority in the Philippines or abroad, as verified
Philippines first before they can exercise their right to by the Philippine embassies, consulates or
vote. On the contrary, R.A. 9225, in implicit foreign service establishments concerned
acknowledgment that duals are most likely non-
residents, grants under its Section 5(1) the same right Note: Unless such competent authority subsequently
certifies that such person is no longer insane or
of suffrage as that granted an absentee voter under
incompetent. (Sec. 5, Absentee Voting Law)
R.A. 9189. It cannot be overemphasized that R.A.
9189 aims, in essence, to enfranchise as much as
Q: May an immigrant or permanent resident (green
possible all overseas Filipinos who, save for the
card holder) abroad be qualified to run for an
residency requirements exacted of an ordinary voter
elective position in the Philippines?
under ordinary conditions, are qualified to vote.
(Lewis v. COMELEC, G.R. No. 162759, Aug.4, 2006)
A: No. Acquisition of a lawful permanent resident
status abroad amounts to an abandonment and
Q: Who are disqualified from voting under the
renunciation of ones status as a resident of the
absentee voting law?
Philippines; it constituted a change from ones
domicile of origin to a new domicile of choice.
A:
(Ugdoracion v. COMELEC,G.R. No. 179851, April 18,
1. Those who have lost their Filipino citizenship in
2008)
accordance with Philippine laws;
2. Those who have expressly renounced their
Q: How is registration done for absentee voters?
Philippine citizenship and who have pledged
allegiance to a foreign country;
A: Registration as an overseas absentee voter shall be
3. Those who have committed and are convicted in
done in person (Sec. 6, R.A. 9189, Absentee Voting
a final judgment by a court or tribunal of an
Law)
offense punishable by imprisonment of not less
than one (1) year, including those who have
Q: How shall voting be done?
committed and been found guilty of Disloyalty as
defined under Art. 137 of the Revised Penal
A:
Code, such disability not having been removed by
1. The overseas absentee voter shall personally
plenary pardon or amnesty;
accomplish his/her ballot at the embassy,
consulate or other foreign service establishment
Note: However, any person disqualified to vote under
this subsection shall automatically acquire the right to that has jurisdiction over the country where
vote upon expiration of five (5) years after service of he/she temporarily resides or at any polling place
sentence; Provided further, that the Commission may designated and accredited by the Commission.
take cognizance of final judgments issued by foreign (Sec. 16, R.A. 9189 Absentee Voting Law)
courts or tribunals only on the basis of reciprocity and 2. The overseas absentee voter may also vote by
subject to the formalities and processes prescribed by mail. (R.A. 9189 Absentee Voting Law)
the Rules of Court on execution of judgments.
Q: When may voting by mail be allowed?
4. An immigrant or a permanent resident who is
recognized as such in the host country A: Voting by mail may be allowed in countries that
satisfy the following conditions:

ELECTION LAW
1. Where the mailing system is fairly well- A:

developed and secure to prevent the occasion of 1. Government officials and employees
fraud 2. Members of the PNP
2. Where there exists a technically established 3. Members of the AFP
identification system that would preclude 4. Members of the media, media practitioners, and
multiply or proxy voting; and including their technical and support staff who
3. Where the system of reception and custody of are actively angaged in the pursuit of
mailed ballots in the embassies, consulates and information gathering and reporting or
other foreign service establishments concerned distribution, in any manner or form, including,
are adequate and well-secured. but not limited to the following:
i. Print Journalists;
Thereafter, voting by mail in any country shall be ii. Television Journalists;
allowed only upon review and approval of the Joint iii. Photo Journalists;
Congressional Oversight Committee. (Sec. 17.1, R.A. iv. Online Journalists;
No. 9189 Absentee Voting Law) v. Radio Journalists;
vi. Documentary makers;
Q: Can the canvass of the overseas absentee votes vii. Television/Radio Production
delay the proclamation of winners?
Q: What are the requisites?
A: No, if the outcome of the election will not be
affected by the results thereof. Notwithstanding the A:
foregoing, the COMELEC is empowered to order the 1. Duly registered voters
proclamation of winning candidates despite the fact 2. On election day, in case of government officials,
that the scheduled election has not yet taken place in members of the pnp and afp, they are assigned
a particular country or countries, if the holding of temporarily to perform election duties in places
elections therein has been rendered impossible by where they are not registered voters;
events, factors, and circumstances peculiar to such 3. In case of media voters, they will not be able to
country or countries, and which events, factors and vote due to the performance of their functions in
circumstances are beyond the control or influence of covering and reporting the conduct of elections.
the COMELEC. (Sec. 18, RA 9189 Absentee Voting (Sec. 2, COMELEC Resolution 9637, 13 February
Law) Duly registered voter 2013)
Q: What is local absentee voting? Q: What kind of registration system does the
Philippines have?
A: It refers to a system of voting whereby
government officials and employees, including A:
members of the Armed Forces of the 1. Continuing
Philippines (AFP), and the Philippine 2. Computerized; and
National Police (PNP) as well as members of 3. Permanent
the media, media practitioners including
their technical and support staff (media Q: What is the Book of Voters?
voters) pursuant to the aforementioned
Comelec En Banc Resolution who are duly A: Classified as permanent whereby each precinct
registered voters, are allowed to vote for the , shall have a permanent list of all registered voters
national positions, i.e. President, Vice- residing within the territorial jurisdiction of the
President, Senators and Party-List precinct.
Representatives in places where they are not
registered voters but where they are Q: What are the grounds for the alteration of Book
temporarily assigned to perform election of Voters?
duties on election day as provided for under
Executive Order No. 157 and Republic Act No. A:
7166 (Sec. 1(a), COMELEC Resolution 9637, 13 1. Deactivation/Reactivation
February 2013) 2. Exclusion/ Inclusion
3. Cancellation of Registration in case of death
Q: Who are qualified to register/vote in local 4. Annulment of Book of Voters
absentee voting? 5. New Voters
6. Transfer of residence

Q: What is Deactivation? EXCLUSION

1. Any registered voter in the city or municipality
A: Deactivation is removal from the registration 2. Representative of political party
records from the precinct books of voters and places 3. Election officer
the same, properly marked and dated in indelible ink, 4. COMELEC (BP 881 Omnibus Election Code)
in the inactive file after entering the cause of
deactivation. Q: What is the period for filing a petition in an
inclusion or exclusion proceeding?
Q: What are the Grounds for Deactivation?
A: INCLUSION: Any day except 105 days before
A: regular election or 75 days before a special election.
1. Those which would disqualify you as a voter: (COMELEC Reso. No. 8820)
a. Convicted by final judgment to suffer
imprisonment not less than 1 year EXCLUSION: Anytime except 100 days before a
b. Disloyalty regular election or 65 days before a special election.
c. Insanity (COMELEC Reso. No. 9021)
2. Others:
a. Loss of citizenship Q: What are the Grounds for Inclusion and Exclusion
b. Failed to vote for 2 successive preceding Proceedings?
regular elections
c. Registration was ordered excluded by the A: INCLUSION:
court. 1. Application for registration has been disapproved
by the board
Q: What are the Grounds for the Annulment of Book 2. Name has been stricken out
of Voters?
EXCLUSION:
A: 1. Not Qualified for possessing disqualification
1. Fraud 2. Flying voters
2. Forgery 3. Ghost voters
3. Force
4. Intimidation Q: Do decisions in an inclusion or exclusion
5. Impersonation proceedings acquire the nature of res judicata?
6. Bribery
7. Similar Irregularity A: No. The proceedings for the exclusion or inclusion
8. Contains data that are statistically improbable of voters in the list of voters are summary in
character. Except for the right to remain in the list of
INCLUSION AND EXCLUSION PROCEEDINGS voters or for being excluded therefrom for the
particular election in relation to which the
Q: Which court has jurisdiction over inclusion and proceedings had been held, a decision in an exclusion
exclusion proceedings? or inclusion proceeding, even if final and
unappealable, does not acquire the nature of res
A: judicata. In this sense, it does not operate as a bar to
1. MTC - original and exclusive any further action that a party may take concerning
2. RTC - appellate jurisdiction the subject passed upon in the proceeding. Thus, a
3. SC - appellate jurisdiction over RTC on question decision in an exclusion proceeding would neither be
of law conclusive on the voters political status, nor bar
subsequent proceedings on his right to be registered
as a voter in any other election.(Domino vs.
Q: Who may file a petition in an inclusion or COMELEC, G.R. No. 134015, July 19, 1999)
exclusion proceedings?
Q: Can a voter be excluded for stating a fake
A: INCLUSION: address?
1. Any private person whose application was
disapproved by the Election Registration Board A: No. The right to vote is a most precious political
2. Those whose name was stricken out from the list right, as well as a bounden duty of every citizen,
of voters enabling and requiring him to participate in the
3. COMELEC

ELECTION LAW
process of government to ensure that it can truly be political party and its legitimate officers. (Palmares v.
said to derive its power solely from the consent of its COMELEC, G.R. No. 86177, Aug. 11, 1989)
constituents.
Q: What are the grounds for the refusal and/or
A citizen cannot be disenfranchised for the flimsiest cancellation of registration of national, regional or
of reasons. Only on the most serious grounds, and sectoral party, organization or coalition?
upon clear and convincing proof, may a citizen be
deemed to have forfeited this precious heritage of A:
freedom. (Asistio v. Aguirre, G.R. No. 191124, April 1. It is a religious sect or denomination,
27, 2010) organization or association, organized for
religious purposes
POLITICAL PARTIES 2. It advocates violence or unlawful means to seek
its goal
Q: What is a political party? 3. It is a foreign party or organization
4. It is receiving support from any foreign
A: A political party is any organized group of citizens government, foreign political party, foundation,
advocating an ideology or platform, principles and organization, whether directly or through any of
policies for the general conduct of government and its officers or members or indirectly through
which, as the most immediate means of securing third parties for partisan election purposes
their adoption, regularly nominates and supports 5. It violates or fails to comply with laws, rules or
certain of its leaders and members as candidate in regulations relating to elections
public office. 6. It declares untruthful statements in its petition
7. It has ceased to exist for at least one (1) year; or
To acquire juridical personality and to entitle it to 8. It fails to participate in the last two (2) preceding
rights and privileges granted to political parties, it elections or fails to obtain at least two per
must be registered with COMELEC. (Sec. 3 (c), R.A. centum (2%) of the votes cast under the party-
7941) list system in the two (2) preceding elections for
the constituency in which it has registered. (Sec.
Q: What is a sectoral party? 6, R.A. 7941)
A: A sectoral party refers to an organized group of CANDIDACY

citizens belonging to any of the sectors enumerated
in Section 5, RA 7941 whose principal advocacy QUALIFICATIONS OF CANDIDATES
pertains to the special interest and concerns of their
sector. (Sec. 3 (d), R.A. 7941) Q: What are the qualifications for President and Vice
President of the Philippines?
Q: What is a sectoral organization?
A:
A: A sectoral organization refers to a group of citizens 1. Natural-born citizen of the Philippines
or a coalition of groups of citizens who share similar 2. Registered voter
physical attributes or characteristics, employment, 3. Able to read and write
interests or concerns. (Sec. 3 (e), R.A. 7941) 4. At least 40 years of age at the day of election
5. And a resident of the Philippines for at least ten
Q: What is the jurisdiction of COMELEC over political years immediately preceding such election. (Sec.
parties? 2 and 3, Art. VII, 1987 Constitution)
A: Sec. 2(5), Art. IX-C of the Constitution grants the Q: What are the qualifications of elective local
Commission the power to register political parties. It officials?
also has the power to require candidates to specify in
their certificates of candidacy their political affiliation, A:
allow political parties to appoint watchers, limit their 1. Must be a citizen of the Philippines
expenditures, and determine whether their 2. A registered voter in the barangay, municipality,
registrations should be cancelled in appropriate city, or province or, in the case of a member of
proceedings. These powers necessarily include the the sangguniang panlalawigan, sangguniang
jurisdiction to resolve issues of political leadership in panlungsod, or sanggunian bayan, the district
a political party, and to ascertain the identity of where he intends to be elected

3. A resident therein for at least one (1) year Q: May an unsworn renunciation of foreign
immediately preceding the day of the election citizenship sufficient to comply with Sec. 5(2) of R.A.
4. And able to read and write Filipino or any other 9225?
local language or dialect. (Sec. 39, R.A. No. 7160
Local Government Code of the Philippines) A: Failure to renounce foreign citizenship in
accordance with the exact tenor of Section 5(2) of
Note: Congress may not add to qualifications for elective R.A. 9225 renders a dual citizen ineligible to run for
officials provided in the constitution. However they may do and thus hold any elective public office (Condon v.
so for elective officials not provided in the Constitution.
COMELEC, G.R. No. 198742, 10 August 2012).
Q: What are the grounds for disqualification of a
FILING OF CERTIFICATES OF CANDIDACY
candidate?
A: EFFECT OF FILING
1. Declared as incompetent or insane by competent
authority Q: What is a certificate of candidacy (CoC)?
2. Convicted by final judgment for subversion,
insurrection, rebellion, or any offense for which A: It is the formal manifestation to the whole world of
he has been sentenced to a penalty of 18 months the candidates political creed or lack of political
imprisonment creed.
3. Convicted by final judgment for a crime involving
Note: A COC may be amended before the elections, even
moral turpitude
after the date of its filing.
4. Election offenses under Sec. 68 of the Omnibus
Election Code Provisions of the election law on certificates of candidacy
5. Committing acts of terrorism to enhance are mandatory in terms. However, after the elections, they
candidacy are regarded as directory so as to give effect to the will of
6. Spending in his election campaign an amount in the electorate. (Saya-Ang Sr. v. COMELEC, G.R. No. 155087,
excess of that allowed November 28, 2003)
7. Soliciting, receiving, making prohibited
contributions Q: What is the purpose of the law in requiring the
8. Not possessing qualifications and possessing filing of certificate of candidacy and in fixing the
disqualifications under the Local Government time limit therefor?
Code
9. Sentenced by final judgment for an offense A: To:
involving moral turpitude or for an offense 1. Enable the voters to know, at least 60 days
punishable by one year or more of imprisonment before the regular election, the candidates
within two years after serving sentence among whom they have to choose, and
10. Removed from office as a result of an 2. Avoid confusion and inconvenience in the
administrative case tabulation of the votes cast. (Miranda v. Abaya,
11. Convicted by final judgment for violating the G.R. No. 136351, July 28, 1999)
oath of allegiance to the Republic
12. Dual citizenship (more specifically, dual Q: What is the effect of filing a certificate of
allegiance) candidacy on the tenure of incumbent government
13. Fugitives from justice in criminal or non-political officials?
cases here or abroad
14. Permanent residents in a foreign country or A:
those who have acquired the right to reside 1. Appointive official Sec. 66 of the OEC provides
abroad and continue to avail of the same right that any person holding an appointive office or
15. Insane or feeble- minded position, including active members of the Armed
16. Nuisance candidate Forces of the Philippines, and officers and
17. Violation of Sec. 73 OEC with regard to COC employees in GOCCs, shall be considered ipso
18. Violation of Sec. 78: material misrepresentation facto RESIGNED from his office upon the filing of
in the COC his certificate of candidacy. Such resignation is
irrevocable.
Note: When a candidate has not yet been disqualified by
final judgment during the election day and was voted for, 2. Elective official No effect. The candidate shall
the votes cast in his favor cannot be declared stray. (Codilla continue to hold office, whether he is running for
v. De Venecia, G.R. No. 150605, Dec. 10, 2002)

ELECTION LAW
the same or a different position. (Sec. 14, Fair SUBSTITUTION OF CANDIDATES

Elections Act expressly repealed Sec. 67 of BP
881) Q: What is substitution?
Q: Who is a candidate? A: If after the last day for the filing of Certificates of
Candidacy, an official candidate of a duly registered
A: A candidate refers to any person aspiring for or political party or coalition of political parties dies,
seeking an elective public office, who has filed a withdraws or is disqualified for any cause, he may be
certificate of candidacy by himself or through an substituted by a candidate belonging to, and
accredited political party, aggroupment or coalition of nominated by, the same political party. No substitute
parties (Sec. 79.(a), OEC). shall be allowed for any independent candidate.
(Sec. 15, COMELEC Resolution 9518, 11 September
Q: When can a person be considered a candidate? 2013)
A: Any person who files his certificate of candidacy Q: What are the requisites for valid substitution?
within the filing period shall only be considered a
candidate at the start of the campaign period for A:
which he filed his certificate of candidacy. GR:
1. The substitute must belong to the same party
Any person may thus file a certificate of candidacy on 2. The deceased, disqualified or withdrawn
any day within the prescribed period for filing a candidate must have duly file a valid certificate of
certificate of candidacy yet that person shall be candidacy. (Ibid.)
considered a candidate, for purposes of determining
ones possible violations of election laws, only during XPN: This does not include those cases
the campaign period. (Penera v. COMELEC, G.R. No. where the certificate of candidacy of the
181613, Nov. 25, 2009) person to be substituted had been denied
due course and canceled under Section 78 of
Q: Do the deemed-resigned provisions which are the Omnibus Election Code.
applicable to appointive officials and not to elective
officials violate the equal protection clause of the Sec. 78 provides that a verified petition
constitution? seeking to deny due course or to cancel a
certificate of candidacy may be filed by the
A: No. The legal dichotomy created by the Legislature person exclusively on the ground that any
is a reasonable classification, as there are material material representation contained therein as
and significant distinctions between the two classes required under Section 74 hereof is false.
of officials. This is because elected public officials, by
the very nature of their office, engage in partisan While the law enumerated the occasion
political activities almost all year round, even outside where a candidate may be validly
of the campaign period. Political partisanship is the substituted, there is no mention of the case
inevitable essence of a political office, elective where a candidate is excluded not only by
positions included. The equal protection of the law disqualification but also by denial and
clause in the Constitution is not absolute, but is cancellation of his certificate of candidacy.
subject to reasonable classification. Substantial (Ong v. Alegre, G.R. No. 163295, January 23,
distinctions clearly exist between elective officials 2006)
and appointive officials. The former occupy their
office by virtue of the mandate of the electorate. Q: Pedro Mahilig died while campaigning. His son
They are elected to an office for a definite term and substituted him. Voters on the day of the election
may be removed therefrom only upon stringent wrote Pedro Mahilig instead of casting the same in
conditions. On the other hand, appointive officials the name of his son, Garry Mahilig. Should the votes
hold their office by virtue of their designation thereto be counted in favor of Joel?
by an appointing authority. Some appointive officials
hold their office in a permanent capacity and are A: Yes. As a general rule, the same will be considered
entitled to security of tenure while others serve at as stray votes but will not invalidate the whole ballot.
the pleasure of the appointing authority. (Quinto v. Exception is when the substitute carries the same
COMELEC, Feb. 22, 2010, G.R. 189698) family name. (Sec. 12, R.A 9006)

Q: In the 1998 election, Mayor Aida already served 8 Case law dictates that if a petition prays for the denial
consecutive terms, yet she still filed a CoC. As a of due course to and/or cancellation of CoC and the
result, Guifaya filed a disqualification case. same is granted by the COMELEC without any
COMELEC then disqualified Aida and cancelled her qualification, the cancellation of the candidate's CoC
CoC. The daughter of Aida, Sachi, upon nomination is in order. This is precisely the crux of the Miranda
of their political party, filed a certificate of ruling wherein the Court, in upholding the COMELEC
substitute. Sachi won. Was the substitution valid? En Banc's nullification of the substitution in that case,
decreed that the COMELEC Division's unqualified
A: There was no valid substitution. COMELEC did not grant of the petition necessarily included the denial
only disqualify Aida but also cancelled her CoC. of due course to and/or cancellation of the
Therefore, she cannot be validly substituted. A candidate's CoC, notwithstanding the use of the term
disqualified candidate may only be substituted if he "disqualified" in the COMELEC Division's resolution,
had a valid CoC because if the disqualified candidate as the foregoing was prayed for in the said petition
did not have a valid and seasonably filed CoC, he is (Silverio R. Tagolino v. House of Representatives
and was not a candidate at all. (Miranda v. Abaya, Electoral Tribunal and Lucy Marie Torres-Gomez, G.R.
G.R. No. 136351, July 28, 1999) No. 202202, 19 March 2013)
Q: Ryan Cristopher Gomez filed his Certificate of Q: Since there was no valid substitution, should the
Candidacy, signifying his intent to run for candidate who obtained the second highest vote be
congressional office in the fourth district of Leyte. proclaimed? Who will then assume the position of
Francis Juatco filed a petition for denial of due mayorship?
course and/or cancellation of Richards CoC. The
COMELEC First Division disqualified Richard without A: No. Under the doctrine on the rejection of second
any qualification for failure to comply with the one placer, the second placer is just like thatsecond
year residency requirement. He was substituted by placer. He was not the choice of the electorate. The
his wife, appellee Lucy April Marie Torres-Gomez as wreath of victory cannot be transferred to the
the COMELEC En Banc ruled that resolution of the repudiated loser. Following the rule on succession, it
First Division refers only to disqualification and not is the Vice-Mayor who will assume the position of
to cancellation of CoC. Lucy won the congressional mayorship. (Cayat v. COMELEC, G.R. No. 163776, Apr.
elections in 2010. Again, Juatco filed a motion to 24, 2010)
reconsider which remained unacted. Paolo
Punsalan, appellant, filed a petition for quo Q: What is the effect of reacquisition of Philippine
warranto before the House of Representatives citizenship as to the domicile/residence requirement
Electoral Tribunal. The HRET ruled in favor of Lucy. Is for running as a mayoralty candidate?
Richards disqualification without any qualification
permits substitution of candidates? A: Reacquisition of Philippine citizenship under R.A.
9225 has no automatic impact or effect on a
A: No. Since there would be no candidate to speak of candidates residence/domicile. He merely has an
under a denial of due course to and/or cancellation of option to again establish his domicile in the
a CoC case, then there would be no candidate to be municipality, which place shall become his new
substituted domicile of choice. The length of his residence therein
shall be determined from the time he made it his
As explained in the case of Miranda v. Abaya, a domicile of choice and it shall not retroact to the time
candidate who is disqualified under Section 68 can be of his birth. (Japson v. COMELEC, G.R .No. 180088,
validly substituted pursuant to Section 77 because he Jan. 19, 2009)
remains a candidate until disqualified; but a person
whose CoC has been denied due course to and/or Q: May a second placer be declared elected?
cancelled under Section 78 cannot be substituted
because he is not considered a candidate. Stated A: It depends. If the candidate is disqualified from
differently, since there would be no candidate to being a candidate due to his ineligibility to become a
speak of under a denial of due course to and/or candidate, thereby rendering his certificate of
cancellation of a CoC case, then there would be no candidacy void from the very beginning, then the
candidate to be substituted; the same does not second placer in the vote count should be proclaimed
obtain, however, in a disqualification case since there as he is actually the first-placer among the qualified
remains to be a candidate to be substituted, although candidates.
his or her candidacy is discontinued.

ELECTION LAW
Knowledge by the electorate of a candidates Affidavit of Renunciation, thus completing the

disqualification is not necessary before a requirements for eligibility to run for public office.
qualified candidate who placed second to a While the act of using a foreign passport is not one of
disqualified one can be proclaimed as the the acts constituting renunciation and loss of
winner. Philippine citizenship, it is nevertheless an act which
repudiates the very oath of renunciation required for
There is no need to apply the rule cited in Labo v. a former Filipino citizen who is also a citizen of
COMELEC that when the voters are well aware another country to be qualified to run for a local
within the realm of notoriety of a candidates elective position. When Arnado used his US passport
disqualification and still cast their votes in favor after he renounced his American citizenship, he
said candidate, then the eligible candidate recanted his Oath of Renunciation.
obtaining the next higher number of votes may
be deemed elected. That rule is also a Such act of using a foreign passport does not divest
mere obiter that further complicated the rules Arnado of his Filipino citizenship, which he acquired
affecting qualified candidates who placed second by repatriation. However, by representing himself as
to ineligible ones. an American citizen, Arnado voluntarily and
effectively reverted to his earlier status as a dual
However, if the case involves the commission of citizen. This act of using a foreign passport after
election offenses as provided for in the first sentence renouncing ones foreign citizenship is fatal to
of Section 68 of the Omnibus Election Code, the Arnados bid for public office, as it effectively
effect of which is to disqualify the individual from imposed on him a disqualification to run for an
continuing as a candidate, or if he has already been elective local position.
elected, from holding the office, then the rule on
succession applies. The second placer cannot be Arnados category of dual citizenship is that by which
proclaimed. foreign citizenship is acquired through a positive act
of applying for naturalization. This is distinct from
Q: Arnado is a natural born Filipino citizen.However, those considered dual citizens by virtue of birth, who
as a consequence of his subsequent naturalization are not required by law to take the oath of
as a citizen of the United States of America, he lost renunciation as the mere filing of the certificate of
his Filipino citizenship. Later, he applied for candidacy already carries with it an implied
repatriation under R.A. 9225 to reacquire his Filipino renunciation of foreign citizenship. Dual citizens by
citizenship. After taking his Oath of Allegiance and naturalization, on the other hand, are required to
Affidavit of Renunciation of his foreign citizenship, take not only the Oath of Allegiance to the Republic
he filed his certificate of candidacy for Mayor of of the Philippines but also to personally renounce
Kauswagan, Lanao del Norte and stated that he is a foreign citizenship in order to qualify as a candidate
Filipino citizen. During the elections, he won as the for public office. By the time he filed his certificate of
mayor. It appeared that prior to the filing of his CoC, candidacy, Arnado was a dual citizen enjoying the
he used his US passport to travel in and out of the rights and privileges of Filipino and American
country. Maquiling sought his disqualification on the citizenship. He was qualified to vote, but by the
ground of (a) dual citizenship, and (b) as the second express disqualification under Section 40(d) of the
placer, sought his declaration as the winner in the Local Government Code, he was not qualified to run
elections. Rule on the contention. for a local elective position. (Maquiling v. COMELEC,
G.R. No. 195649, April 16, 2013)
A:
a. Arnado took the Oath of Allegiance not just only b. An ineligible candidate who receives the highest
once but twice: first, when he applied for repatriation number of votes is a wrongful winner. By express
before the Consulate General of the Philippines in San legal mandate, he could not even have been a
Francisco, USA, and again simultaneous with the candidate in the first place, but by virtue of the lack
execution of his Affidavit of Renunciation. By taking of material time or any other intervening
the Oath of Allegiance to the Republic, Arnado re- circumstances, his ineligibility might not have been
acquired his Philippine citizenship. At the time, passed upon prior to election date.
however, he likewise possessed American citizenship.
Arnado had therefore become a dual citizen. After The very existence of a disqualifying circumstance
reacquiring his Philippine citizenship, Arnado makes the candidate ineligible. Knowledge by the
renounced his American citizenship by executing an electorate of a candidates disqualification is not
necessary before a qualified candidate who placed

second to a disqualified one can be proclaimed as the placer now comes to Court for him to be proclaimed
winner. The second-placer in the vote count is as the real winner since he is the first among the
actually the first-placer among the qualified qualified candidates. Is he correct?
candidates.
A: No, he is not correct. The rule that the second
The disqualifying circumstance surrounding Arnados placer is the first among the qualified candidates is
candidacy involves his citizenship. It does not involve only applicable when the candidate who won is
the commission of election offenses as provided for declared ineligible to be a candidate. It speaks of a
in the first sentence of Section 68 of the Omnibus disqualification to run for an elective office which
Election Code, the effect of which is to disqualify the renders void his certificate of candidacy so as not to
individual from continuing as a candidate, or if he has consider him a candidate from the very beginning. In
already been elected, from holding the office. Arnado this case, the Mayor was eligible to run for the office.
was both a Filipino and an American citizen when he Only that he violated the provisions of the Omnibus
filed his certificate of candidacy. He was a dual citizen Election Code, thereby disqualifying him from holding
disqualified to run for public office based on Section his office. The rule on succession will therefore apply.
40(d) of the Local Government Code.
Q: What is the effect of filing two certificates of
Section 40 starts with the statement The following candidacy?
persons are disqualified from running for any elective
local position. The prohibition serves as a bar against A: Filing of two (2) certificates of candidacy
the individuals who fall under any of the enumeration disqualifies the person to run for both elective
from participating as candidates in the election. With positions. (Sec. 73, B.P. 881 Omnibus Election Code)
Arnado being barred from even becoming a
candidate, his certificate of candidacy is thus MINISTERIAL DUTY OF COMELEC TO RECEIVE
rendered void from the beginning. To hold that his CERTIFICATES
proclamation is valid is to negate the prohibitory
character of the disqualification which Arnado Q: What is the duty of the COMELEC in receiving
possessed even prior to the filing of the certificate of CoCs?
candidacy. The affirmation of Arnados
disqualification, although made long after the A: GR: When a candidate files his COC, the COMELEC
elections, reaches back to the filing of the certificate has a ministerial duty to receive and acknowledge its
of candidacy. Arnado is declared to be not a receipt pursuant to Section 76, of the Election Code.
candidate at all in the elections. The COMELEC may not, by itself, without the proper
proceedings, deny due course to or cancel a COC filed
A void COC cannot produce any legal effect. Thus, the in due form. (Luna vs. COMELEC, G.R. No. 165983,
votes cast in favor of the ineligible candidate are not April 24, 2007)
considered at all in determining the winner of an
election. Even when the votes for the ineligible XPN:
candidate are disregarded, the will of the electorate 1. Nuisance candidatesSec. 69 of the
is still respected, and even more so. The votes cast in OEC
favor of an ineligible candidate do not constitute the 2. Petition to deny due course or to cancel
sole and total expression of the sovereign voice. The a COCSec. 78 of the OEC
votes cast in favor of eligible and legitimate 3. Filing of a disqualification case on any of
candidates form part of that voice and must also be the grounds enumerated in Section 68,
respected. OEC.
Arnado being a non-candidate, the votes cast in his Q: Ka Dikko went to Laguna to file his COC. The
favor should not have been counted. This leaves election officer refused to receive Ka Dikkos CoC
Maquiling as the qualified candidate who obtained because he seeks to achieve his goals through
the highest number of votes. Therefore, the rule on violence. Is the refusal valid?
succession under the Local Government Code will not
apply. (Maquiling v. COMELEC, G.R. No. 195649, April A: No. It is the ministerial duty on the part of the
16, 2013) election officer to receive and acknowledge receipt of
the CoC. The question of whether or not a person is
Q: The Mayor of Laguna was unseated due to disqualified belongs to another tribunal in an
overspending during the past election. The second appropriate disqualification case.

ELECTION LAW
NUISANCE CANDIDATES proclaimed elected as mayor, because she

ran for the Sangguniang Bayan.
Q: Who may be considered a nuisance candidate?
b. Neither Joyette nor Gem is entitled to
A: They are candidates who have no bona fide discharge the functions of the office of
intention to run for the office for which the COC has mayor. Joyette is not entitled to discharge
been filed and would thus prevent a faithful election. the office of mayor, since she was defeated
And upon showing that: in the election. Gem is not entitled to
discharge the office of mayor. Under Section
1. Said certificate has been filed to put the election 44 of the Local Government Code, it is the
process in mockery or disrepute vice mayor who should succeed in case of
2. To cause confusion among the voters by the permanent vacancy in the office of the
similarity of the names of the registered mayor. It is only when the position of the
candidates; or vice mayor is also vacant that the member of
3. By other circumstances or acts which the Sangguniang Bayan who obtained the
demonstrate that a candidate has no bona fide highest number of votes will succeed to the
intention to run for the office for which his office of mayor. (Benito v. COMELEC, G.R.
certificate of candidacy has been filed and thus No. 106053 Aug. 17, 1994)
prevent a faithful determination of the true will
of the electorate. (Tajanan v. COMELEC, G.R. No. Q: Renato and Enrique, both sharing the same
104443, Apr. 13, 1992) surname Dela Cruz, run for the Vice Mayor. Renato
has Enrique declared to be a nuisance candidate and
The COMELEC may, motu proprio or upon verified asked the COMELEC to strike out his name from the
petition of an interested party, refuse to give due ballot. But the ballot still retained Enriques name
course to or cancel a certificate of candidacy upon despite his declaration as a nuisance candidate.
showing of the above-stated circumstances. (Sec. 69, During Renatos campaign, he stressed that his
B.P. 881 Omnibus Election Code) designated number was 2 and that A was declared
by the COMELEC to be a nuisance candidate. Bruno,
Q: Jean and Joyette were the only candidates for the other candidate, won as Vice Mayor by a
mayor of Bigaa, Bulacan in the May 1995 local difference of 39 votes against Renato. COMELEC
elections. Jean obtained 10,000 votes as against regarded the votes cast for Enrique as stray votes.
3,000 votes for Joyette. In the same elections, Gem Renato contends that he should have won had the
got the highest number of votes among the votes cast for Enrique been counted in his favor.
candidates for the Sangguniang Bayan of the same Should the stray votes for Enrique be counted in
town. Jean died the day before her proclamation. favor of Renato?
a. Who should the Board of Canvassers
proclaim as elected mayor, Jean, Joyette or A: Yes. As we pronounced in Bautista, the voters
Gem? Explain. constructive knowledge of such cancelled candidacy
b. Who is entitled to discharge the functions made their will more determinable, as it is then more
of the office of the mayor, Joyette or Gem? logical to conclude that the votes cast for Aurelio
Explain. could have been intended only for the legitimate
candidate, petitioner. The possibility of confusion in
A: It is Jean who should be proclaimed as winner, names of candidates if the names of nuisance
because she was the one who obtained the highest candidates remained on the ballots on election day,
number of votes for the position of mayor, but a cannot be discounted or eliminated, even under the
notation should be made that she died for the automated voting system especially considering that
purpose of applying the rule on succession to office. voters who mistakenly shaded the oval beside the
name of the nuisance candidate instead of the bona
a. Joyette cannot be proclaimed, because the fide candidate they intended to vote for could no
death of the candidate who obtained the longer ask for replacement ballots to correct the
highest number of votes does not entitle the same (Dela Cruz v. COMELEC, G.R. No. 192221, 13
candidate who obtained the next highest November 2012).
number of votes to be proclaimed the
winner, since he was not the choice of the PETITION TO DENY DUE COURSE OR CANCEL A
electorate. Gem is not entitled to be CERTIFICATE OF CANDIDACY

Q: When can a person file a petition to deny due ineligibility of a candidate is thus beyond its usual
course to or cancel a certificate of candidacy? motu proprio powers.
A: A verified petition seeking to deny due course or to Nonetheless, Section 78 of the Omnibus Election
cancel a certificate of candidacy may be filed by the Code allows any person to file before the COMELEC a
person exclusively on the ground that any material petition to deny due course to or cancel a certificate
representation contained therein as required under of candidacy on the ground that any material
Section 74 of the Omnibus Election Code is false. The representation therein is false. (Cipriano v. COMELEC,
petition may be filed at any time not later than G.R. No. 158830, Aug. 10, 2004)
twenty-five (25) days from the time of the filing of the
certificate of candidacy and shall be decided, after
due notice and hearing, not later than fifteen days EFFECT OF DISQUALIFICATION
before the election.
Q: What if the petition for disqualification is
Q: What are the requisites for the grant of a petition unresolved on the day of the election?
to deny due course to or cancel a certificate of
candidacy? A: The petitioner may file a motion with the Division
or Commission En Banc where the case is pending, to
A: suspend the proclamation of the candidate
1. Material misrepresentation in the concerned, provided that the evidence for the
qualifications for elective office, which grounds to disqualify is strong. For this purpose, at
includes age, residency, citizenship, and any least three (3) days prior to any election, the Clerk of
other legal qualifications necessary to run the Commission shall prepare a list of pending cases
for an elective office; and furnish all Commissioners copies of said the list.
2. Deliberate attempt to mislead, misinform or
hide a fact which would otherwise render a In the event that a candidate with an existing and
candidate ineligible. pending Petition to disqualify is proclaimed winner,
the Commission shall continue to resolve the said
Note: These two requirements must concur to warrant the petition (Sec. 5, Rule 25, COMELEC Resolution 9523,
cancellation of the certificate of candidacy. 25 September 2012).
Q: What is material misrepresentation? Q: What happens if the petition is granted?
A: Material misrepresentation in a COC refers to the A: In the event a petition to disqualify a candidate is
qualification for elective office, which includes false granted by final judgment and the disqualified
statement as to age, residency, citizenship, being a candidate obtains the highest number of votes, the
registered voter and any other legal qualifications candidate with the second highest number of votes
necessary to run for an elective office. cannot be proclaimed and the rule of succession, if
allowed by law, shall be observed. In the event the
Note: A misrepresentation which does not affect ones rule of succession is not allowed, a vacancy shall exist
qualification to run or hold public office will not suffice for
for such position. (Sec. 5, Rule 25, COMELEC
the cancellation of a COC.
Resolution 9523, 25 September 2012)
Q: May the COMELEC motu proprio deny or cancel a
WITHDRAWAL OF CANDIDATES
certificate candidacy?
Q: What is the rule in Withdrawal of Candidates?
A: No. The Commission may not, by itself, without the
proper proceedings, deny due course to or cancel a
A: To be effective, the withdrawal should be under
certificate of candidacy filed in due form. When a
oath or in the form of a sworn declaration that he is
candidate files his certificate of candidacy, the
withdrawing his certificate of candidacy, such being
COMELEC has a ministerial duty to receive and
the requirement of the law. A withdrawal of
acknowledge its receipt (Sec. 76 of the OEC).
candidacy which is not a valid withdrawal generally
produces no legal effect, and for all legal intents and
While the Commission may look into patent defects
purposes there is no withdrawal and he remains a
in the certificates, it may not go into matters not
candidate. The exception to this rule is when the
appearing on their face. The question of eligibility or
withdrawal which is not under oath, is actually made

ELECTION LAW
and accepted by the election registrar, as a result of withdrawal. Is her act of withdrawing the
which a substitute candidate files his certificate of withdrawal valid?
candidacy in his place and receives the winning
number of votes. (Agpalo, Law on Election, 2005ed.) A: No. The withdrawal of the withdrawal of the CoC
made after the last day of filing is considered as filing
Q: Who may file a withdrawal of a certificate of of a new CoC. Hence, it was not allowed since it was
candidacy? filed out of time. (Monsale v. Nico, G.R. No. L-2539,
May 28, 1949)
A: Any person who has filed a Certificate of Candidacy
(Sec. 15, COMELEC Resolution 9518, 11 September
2012)
Q: Can a withdrawal be filed by someone else? CAMPAIGN
A: No. It must be filed personally subject to the rule PREMATURE CAMPAIGNING

on substitution of candidates. No Statement of
Withdrawal shall be accepted if filed by a person Q: What is an election campaign?
other than the candidate himself or if filed by mail,
electronic mail, telegram or facsimile. (Sec. 15, A: It refers to an act designed to promote the election
COMELEC Resolution 9518, 11 September 2012) or defeat of a particular candidate or candidates to a
public office which shall include:
Q: When may a certificate of candidacy be 1. Forming organizations, associations, clubs,
withdrawn? committees or other groups of persons for
the purpose of soliciting votes and/or
A: At any time before election day. (Sec. 15, COMELEC undertaking any campaign for or against a
Resolution 9518, 11 September 2012) candidate
2. Holding political caucuses, conferences,
Q: What is the effect of withdrawal on the liabilities meetings, rallies, parades, or other similar
of the candidate? assemblies, for the purpose of soliciting
votes and/or undertaking any campaign or
A: The filing of a withdrawal of a Certificate of propaganda for or against a candidate
Candidacy shall not affect whatever civil, criminal or 3. Making speeches, announcements or
administrative liabilities a candidate may have commentaries, or holding interviews for or
incurred. (Sec. 15, COMELEC Resolution 9518, 11 against the election of any candidate for
September 2012) public office
4. Publishing or distributing campaign
Q: May a person who has withdrawn his CoC be literature or materials designed to support
eligible to run for another position or become a or oppose the election of any candidate; or
substitute candidate? 5. Directly or indirectly soliciting votes, pledges
or support for or against a candidate (Sec.
A: A person who has withdrawn his Certificate of 79, B.P. 881 Omnibus Election Code).
Candidacy for a position shall not be eligible, whether
as a substitute candidate or not, for any other Note: The foregoing enumerated acts if performed for the
purpose of enhancing the chances of aspirants for
position. (Sec. 15, COMELEC Resolution 9518, 11
nomination for candidacy to a public office by a political
September 2012) party, aggroupment, or coalition of parties shall not be
considered as election campaign or partisan election
Q: Can you withdraw the CoC? activity.
A: Yes. A person who has filed a CoC may, prior to the Public expressions or opinions or discussions of probable
election, withdraw the same by submitting to the issues in a forthcoming election or on attributes of or
office concerned (COMELEC) a written declaration criticisms against probable candidates proposed to be
under oath. (Sec. 73, Omnibus Election Code) nominated in a forthcoming political party convention shall
not be construed as part of any election campaign or
partisan political activity contemplated under the OEC. (Sec.
Q: On the last day of filing a CoC, March 31, Kristine 79, B.P. 881 Omnibus Election Code)
Rossellini withdrew her CoC. April 1, campaign
period started. On April 2, she wanted to run again Q: Discuss the period to campaign.
so she filed a written declaration withdrawing her

A: printing of ballots. Acts committed by Diana prior to

1. Presidential and Vice presidential election 90 30 March 2007, the date when she became a
days; "candidate," even if constituting election
2. Election of members of the Congress and local campaigning or partisan political activities, are not
election 45 days; punishable under Section 80 of the Omnibus Election
3. Barangay Election 15 days Code. Such acts are within the realm of a citizens
4. Special election under Art. VIII, Sec. 5(2) of the protected freedom of expression. Acts committed by
Constitution 45 days Diana within the campaign period are not covered by
Section 80 as Section 80 punishes only acts outside
Note: The campaign periods shall not include the day the campaign period.
before and the day of the election (Sec. 3, B.P. 881 Omnibus
Election Code). In laymans language, this means that a candidate is
Q: What is the rule against premature campaigning? liable for an election offense only for acts done
during the campaign period, not before. The law is
A: It shall be unlawful for any person, whether or not clear as daylight any election offense that may be
a voter or candidate, or for any party, or association committed by a candidate under any election law
of persons, to engage in an election campaign or cannot be committed before the start of the
partisan political activity except during the campaign campaign period. (Penera v. COMELEC, G.R. No.
period. 181613, Nov. 25, 2009)
Provided, that political parties may hold political Q: When can a person be considered a candidate?
conventions or meetings to nominate their official
candidates within thirty days before the A: A candidate refers to any person aspiring for or
commencement of the campaign period and forty- seeking an elective public office, who has filed a
five days for Presidential and Vice-Presidential certificate of candidacy by himself or through an
election. (Sec. 80, B.P. 881 Omnibus Election Code). accredited political party, aggroupment or coalition of
parties. However, it is no longer enough to merely file
The use of lawful election propaganda under the Fair a certificate of candidacy for a person to be
Elections Act is subject to the supervision and considered a candidate because "any person who
regulation by the COMELEC in order to prevent files his certificate of candidacy within the filing
premature campaigning and to equalize, as much as period shall only be considered a candidate at the
practicable, the situation of all candidates by start of the campaign period for which he filed his
preventing popular and rich candidates from gaining certificate of candidacy." Any person may thus file a
undue advantage in exposure and publicity on certificate of candidacy on any day within the
account of their resources and popularity. (Chavez v. prescribed period for filing a certificate of candidacy
COMELEC, G.R. No. 162777, August 31, 2004) yet that person shall be considered a candidate, for
purposes of determining ones possible violations of
Q. Petitioner Diana De Castro and respondent Marj election laws, only during the campaign period.
Perez ran for mayor of Sta. Monica, Surigao Del (Penera v. COMELEC, G.R. No. 181613, Nov. 25, 2009)
Norte during the May 14, 2007 elections. Dianas
political party held a motorcade preceding the filing PROHIBITED CONTRIBUTIONS
of her certificate of candidacy announcing her
candidacy for mayor. Because of this, Marj filed a Q: What are included as electoral contributions and
petition to disqualify Diana for engaging in expenditures?
premature campaigning in violation of Sec.80 and 68
of the Omnibus Election Code. Does the act of A:
campaigning for votes immediately preceding the 1. Gift
filing of certificate of candidacy violate the 2. Donation
prohibition against premature campaigning? 3. Subscription
4. Loan
A. The campaign period for local officials began on 30 5. Advance or deposit of money or anything of
March 2007 and ended on 12 May 2007. Diana filed value
her certificate of candidacy on 29 March 2007. Diana 6. A contract, promise or agreement of
was thus a candidate on 29 March 2009 only for contribution, whether or not legally enforceable
purposes of printing the ballots under Sec.11 of R.A. 7. Use of facilities voluntarily donated by other
8436.On 29 March 2007, the law still did not consider persons, the money value of which can be
Diana a candidate for purposes other than the assessed based on the rates prevailing in the area

ELECTION LAW
8. Those made for the purpose of influencing the 2. It shall also be unlawful for any person or
results of the elections organization, whether civic or religious, directly
or indirectly, to solicit and/or accept from any
Note: Does not include services rendered without candidate for public office or his representative
compensation by individuals volunteering a portion or all of
any gift, food, transportation, contribution or
their time in behalf of a candidate or political party. (Sec.
donation in cash or in kind from the
94, B.P. 881 Omnibus Election Code)
commencement of the election period up to and
Q: What are prohibited contributions? including election day, except normal and
customary religious stipends, tithes, or
A: Those made for purposes of partisan political collections. (Sec. 97, B.P. 881 Omnibus Election
activity, directly or indirectly by any of the following: Code)
1. Public or private financial institutions (except
loans made by such institutions in the business of LAWFUL AND PROHIBITED PROPAGANDA
lending money to a candidate or political party,
made in accordance with laws and in the Q: What are considered as lawful election
ordinary course of business) propaganda?
2. Persons operating public utilities or those
exploiting natural resources of the nation A:
3. Persons with contracts to supply the government 1. Written printed materials (does not exceed 8
with goods or services or to perform construction in. width by 14 in. length)
or other works 2. Handwritten/printed letters
4. Grantees of franchises, incentives, exemptions, 3. Posters (not exceeding 2 x 3 ft. or 3 x 8 ft. on the
allocations, or similar privileges or concessions by occasion of a public meeting or rally, or in
the government announcing the holding of such). Provided, that
5. Persons who, within one year prior to the date of said streamers may be displayed five (5) days
the election, have been granted by the before the date of rally but shall be removed
government loans or other accommodations in within 24 hours after said rally
excess of P100,000
4. Print ads page in broadsheets and page in
6. Educational institutions which have received
tabloids thrice a week per newspaper, magazine
grants of public funds not less than P100,000
or other publication during the campaign period;
7. Officials or employees in the Civil Service or
members of the Armed Forces of the Philippines; 5. Broadcast media (i.e. TV and radio)
and 6. All other forms of election propaganda not
8. Foreigners and foreign corporations. (Sec. 95, prohibited by the Omnibus Election Code or this
B.P. 881 Omnibus Election Code) Act. (Sec. 3, R.A. No. 9006, The Fair Elections Act)
7. Streamers not exceeding three feet (3) by eight
Q: What are prohibited means of raising funds? feet (8) in size displayed at the site and on the
occasion of a public meeting or rally. Said
A: streamers may be displayed five (5) days before
1. Holding any of the following activities: the date of the meeting or rally and shall be
a. Dances removed within twenty-four (24) hours after said
b. Lotteries meeting or rally
c. Cockfights
8. Mobile units, vehicles motorcades of all types,
d. Games
whether engine or manpower driven or animal
e. Boxing bouts
drawn, with or without sound systems or loud
f. Bingo
speakers and with or without lights;
g. Beauty contests
h. Entertainments 9. Paid advertisements in print or broadcast media
i. Cinematographic, theatrical, or other subject to the requirements set forth in Section
performances for the purpose of raising 9 hereof and Republic Act No. 9006; (Sec. 6,
funds for an election campaign or for COMELEC Resolution 9615, 15 January 2013)
the support of any candidate from the
commencement of the election period Q: What are prohibited forms of election
up to and including election day. propaganda?
A:

a) To print, publish, post or distribute any f) To post, display or exhibit any election campaign
newspaper, newsletter, newsweekly, gazette or or propaganda material outside of authorized
magazine advertising, pamphlet, leaflet, card, common poster areas, in public places, or in
decal, bumper sticker, poster, comic book, private properties without the consent of the
circular, handbill, streamer, sample list of owner thereof.
candidates or any published or printed political g) Public places referred to in the previous
matter and to air or broadcast any election subsection (f) include any of the following:
propaganda or political advertisement by
a. Electronic announcement boards, such
television or radio or on the internet for or
as LED display boards located along
against a candidate or group of candidates to any
highways and streets, LCD TV displays
public office, unless they bear and be identified
posted on walls of public buildings, and
by the reasonably legible, or audible
other similar devices which are owned
words political advertisement paid for,
by local government units, government-
followed by the true and correct name and
owned and controlled corporations, or
address of the candidate or party for whose
any agency or instrumentality of the
benefit the election propaganda was printed or
Government;
aired. It shall likewise be unlawful to publish,
print or distribute said campaign materials unless b. Motor vehicles used as patrol cars,
they bear, and are identified by, the reasonably ambulances, and other similar purposes
legible, or audible words political that are owned by local government
advertisements paid by, followed by the true units, government-owned and
and correct name and address of the payor. controlled corporations, and other
agencies and instrumentalities of the
b) To print, publish, broadcast or exhibit any such
Government, particularly those bearing
election propaganda donated or given free of
red license plates;
charge by any person or publishing firm or
broadcast entity to a candidate or party without c. Waiting sheds, sidewalks, street and
the written acceptance by the said candidate or lamp posts, electric posts and wires,
party and unless they bear and be identified by traffic signages and other signboards
the words "printed free of charge, or airtime erected on public property, pedestrian
for this broadcast was provided free of charge overpasses and underpasses, flyovers
by, respectively, followed by the true and and underpasses, bridges, main
correct name and address of the said publishing thoroughfares, center islands of roads
firm or broadcast entity; and highways
c) To show, display or exhibit publicly in a theater, d. Schools, shrines, barangay halls, health
television station, or any public forum any movie, centers, public structures and buildings
cinematography or documentary portraying the or any edifice thereof;
life or biography of a candidate, or in which a e. Public utility vehicles such as buses,
character is portrayed by an actor or media jeepneys, trains, taxi cabs, ferries,
personality who is himself a candidate; pedicabs and tricycles, whether
d) For any newspaper or publication, radio, motorized or not;
television or cable television station, or other f. Within the premises of public transport
mass media, or any person making use of the terminals, such as bus terminals,
mass media to sell or to give free of charge print airports, seaports, docks, piers, train
space or air time for campaign or election stations, and the like.
propaganda purposes to any candidate or party
in excess of the size, duration or frequency The violation of items 4 and 5 under
authorized by law or these rules; subsection (g) shall be a cause for the revocation of
the public utility franchise and will make the owner
e) For any radio, television, cable television station,
and/or operator of the transportation service and/or
announcer or broadcaster to allow the
terminal liable for an election offense under Section
scheduling of any program, or permit any
9 of Republic Act No. 9006 as implemented
sponsor to manifestly favor or oppose any
by Section 18 (n) of these Rules.
candidate or party by unduly or repeatedly
referring to, or unnecessarily mentioning his
The printing press, printer, or publisher who prints,
name, or including therein said candidate or
reproduces or publishes said campaign materials, and
party; and
the broadcaster, station manager, owner of the radio

ELECTION LAW
or television station, or owner or administrator of any one political party to purchase more air time and
website who airs or shows the political advertising space than candidates supported by one
advertisements, without the required data or in political party only will deprive the latter of equal
violation of these rules shall be criminally liable with time and space in the media.
the candidate and, if applicable, further suffer the
penalties of suspension or revocation of franchise or Alternative Answer: No. Although the expenditure
permit in accordance with law (Sec. 6, COMELEC limitation applies only to the purchase of air time,
Resolution 9615, 15 January 2013). thus leaving political parties free to spend for other
forms of campaign, the limitation nonetheless results
in a direct and substantial reduction of the quantity
of political speech by restricting the number of issues
that can be discussed, the depth of their discussion
ALLOWABLE COMELEC AIR TIME FOR CANDIDATES and the size of the audience that can be reached,
(Fair Elections Act) through the broadcast media.
NATIONAL POSITIONS LOCAL POSITIONS
120 minutes for TV 60 minutes for TV Since the purpose of the Free Speech Clause is to
180 minutes for radio 90 minutes for radio promote the widest possible dissemination of
information, and the reality is that to do this requires
Note: The COMELEC cannot compel newspapers of general the expenditure of money, a limitation on
circulation to donate free print space as COMELEC space expenditure for this purpose cannot be justified, not
without payment of just compensation. Such compulsion even for the purpose of equalizing the opportunity of
amounts to taking; hence, it is an exercise of eminent political candidates. (Gonzalez v. COMELEC, G.R. No.
domain and not of police power (Philippine Press Institute v. L-28783, Apr. 18, 1969)
COMELEC, G.R. No. 119694, May 22, 1995). The payment of
just compensation is now expressly provided under sec. 7
Q: What are the Rules on Election Propaganda?
of the Fair Elections Act.
However, all broadcasting stations, whether by radio or A:

television stations, which are licensed by the government, 1. All registered parties and bona fide candidates
do not own the airways and frequencies; they are merely shall have a right to reply to charges published
given the temporary privilege of using them. A franchise is a against them.
privilege subject to amendment, and the provision of BP 2. No movie, cinematographic, documentary
881 granting free airtime to the COMELEC is an amendment portraying the life or biography of a candidate
of the franchise of radio and television stations
shall be publicly exhibited in theatre, TV station,
(Telecommunications and Broadcast Attorneys of the
or any public forum during the campaign period.
Philippines v. COMELEC, G.R. No. 132922, Apr. 21, 1998).
Payment of just compensation is not necessary since it is a 3. No movie ,cinematograph, documentary
valid exercise of police power. portrayed by an actor or media personality who
is himself a candidate shall be publicly exhibited
Q: A COMELEC resolution provides that political in a theatre, TV station or any public form during
parties supporting a common set of candidates shall the campaign period.
be allowed to purchase jointly air time and the 4. All mass media entities shall furnish the
aggregate amount of advertising space purchased COMELEC with the copies of all contracts for
for campaign purposes shall not exceed that allotted advertising, promoting, or opposing any political
to other political parties or groups that nominated party or the candidacy of any person for public
only one set of candidates. The resolution is office within 5 days after its signing.
challenged as a violation of the freedom of speech 5. Any media personality who is a candidate or is
and of the press. Is the resolution constitutionally campaign volunteer for or employed or retained
defensible? Explain. in a capacity by any candidate or political party
shall be deemed resigned, if so requires by their
A: Yes, the resolution is constitutionally defensible. employer, shall take a LOA from his work as such
Under Sec. 4, Art. IX-C of the 1987 Constitution, during campaign period.
during the election period the COMELEC may
supervise or regulate the media of communication or Q: COMELEC promulgated a resolution providing
information to ensure equal opportunity, time, and that decals and stickers may be posted only in any of
space among candidates with the objective of holding the authorized posting areas provided for. Atty.
free, orderly, honest, peaceful, and credible elections. Gacutan, a senatorial candidate, assails the
To allow candidates who are supported by more than COMELEC's Resolution insofar as it prohibits the

posting of decals and stickers in "mobile" places like immediately preceding a national election and 7 days
cars and other moving vehicles. According to him, before a local election violates the constitutional
such prohibition is violative of Section 82 of the rights of speech, expression and the press because:
Omnibus Election Code and Section 11(a) of Republic 1. It imposes a prior restraint on the freedom of
Act No. 6646. Is the resolution valid? expression
2. It is a direct and total suppression of a category
A: No. The COMELEC's prohibition on posting of of expression and even though such suppression
decals and stickers on "mobile" places whether public is only for a limited period; and
or private except in designated areas provided for by 3. The governmental interest sought to be
the COMELEC itself is null and void on constitutional promoted can be achieved by means other than
grounds. The prohibition unduly infringes on the the suppression of freedom of expression (SWS v.
citizen's fundamental right of free speech enshrined COMELEC, G.R. No. 147571, May 5, 2001)
in the Constitution (Sec. 4, Article III). Significantly, Q: May the media be compelled to publish the
the freedom of expression curtailed by the results of the election survey?
questioned prohibition is not so much that of the
candidate or the political party. The regulation strikes A: No. Should they decide to publish the said survey
at the freedom of an individual to express his for public consumption, they must likewise publish
preference and, by displaying it on his car, to the following information:
convince others to agree with him. a. The name of the person, candidate, party, or
organization that commissioned or paid for
Also, the questioned prohibition premised on the the survey;
statute (RA 6646) and as couched in the resolution is b. The name of the person, polling firm or
void for overbreadth. The restriction as to where the survey organization who conducted the
decals and stickers should be posted is so broad that survey;
it encompasses even the citizen's private property,
c. The period during which the survey was
which in this case is a privately-owned vehicle. In
conducted, the methodology used, including
consequence of this prohibition, another cardinal rule
the number of individual respondents and
prescribed by the Constitution would be violated.
the areas from which they were selected,
Section 1, Article III of the Bill of Rights provides that
and the specific questions asked;
no person shall be deprived of his property without
due process of law. The right to property may be d. The margin of error of the survey;
subject to a greater degree of regulation but when e. For each question for which the margin of
this right is joined by a "liberty" interest, the burden error is greater than that reported under
of justification on the part of the Government must paragraph (4), the margin of error for that
be exceptionally convincing and irrefutable. The question; and
burden is not met in this case. f. A mailing address and telephone number,
indicating it as an address or telephone
Additionally, the constitutional objective to give a rich number at which the sponsor can be
candidate and a poor candidate equal opportunity to contacted to obtain a written report
inform the electorate as regards their candidacies, regarding the survey in accordance with the
mandated by Article II, Section 26 and Article XIII, next succeeding paragraph.
section 1 in relation to Article IX (c) Section 4 of the
g. The survey together with raw data gathered
Constitution, is not impaired by posting decals and
to support its conclusions shall be available
stickers on cars and other private vehicles. It is to be
for inspection, copying and verification by
reiterated that the posting of decals and stickers on
the Commission. Any violation of this
cars, calesas, tricycles, pedicabs and other moving
SECTION shall constitute an election offense.
vehicles needs the consent of the owner of the
(Sec. 26, COMELEC Resolution 9615 as
vehicle. Hence, the preference of the citizen becomes
amended by COMELEC Resolution 9631, 1
crucial in this kind of election propaganda not the
February 2013)
financial resources of the candidate (Adiong v.
Comelec, G.R. No. 103956, March 31, 1992). Q: Is the right to reply allowed?
Q: Is the conduct of election survey prohibited? A: YES. All registered political parties, party-list
groups or coalitions and bona fide candidates shall
A: No. The SC held that Sec. 5.4 of the Fair Elections have the right to reply to charges published or aired
Act prohibiting publication of survey results 15 days against them. The reply shall be given publicity by the

ELECTION LAW
newspaper, television, and/or radio station which within forty-eight (48) hours, submit its comment,
first printed or aired the charges with the same answer or response to the RED, explaining the action
prominence or in the same age or section or in the it has taken to address the claim. The media outlet
same time slot as the first statement. must likewise furnish a copy of the said comment,
(Sec. 14, COMELEC Resolution 9615 as amended by answer or response to the claimant invoking the right
COMELEC Resolution 9631, 1 February 2013) to reply.
(Sec. 14, COMELEC Resolution 9615 as amended by
Q: Who may invoke the right? COMELEC Resolution 9631, 1 February 2013)
A: Registered political parties, party-list groups or Q: What if the candidate feels that his right to reply
coalitions and bona fide candidates may invoke the was not addressed?
right to reply
(Sec. 14, COMELEC Resolution 9615 as amended by A: File the appropriate petition and/or complaint
COMELEC Resolution 9631, 1 February 2013) before the Commission on Elections or its field
offices, which shall be endorsed to the Clerk of the
Q: Within what time may the candidate invoke the Commission. (Sec. 14, COMELEC Resolution 9615 as
right to reply? amended by COMELEC Resolution 9631, 1 February
2013)
A: By submitting a formal verified claim within a non-
extendible period of forty eight (48) hours from first LIMITATION AND EXPENSES
broadcast or publication against the media outlet to
the COMELEC, through the appropriate Regional Q: What are the limitations on expenses for the
Election Director (RED). (Sec. 14, COMELEC Resolution candidates and political parties?
9615 as amended by COMELEC Resolution 9631, 1
February 2013) A:
a. For candidates - Three pesos (P3.00) for every
Q: What must the claim include? voter currently registered in the constituency
where the candidate filed his certificate of
A: The claim shall include: candidacy;
a) A detailed enumeration of the circumstances and b. For other candidates without any political party
occurrences which warrant the invocation of the and without support from any political party
right of reply Five pesos (P5.00) for every voter currently
b) Must be accompanied by supporting evidence, registered in the constituency where the
such as a copy of the publication or recording of candidate filed his certificate of candidacy.
the television or radio broadcast, as the case may c. For Political Parties and party-list groups Five
be. pesos (P5.00) for every voter currently registered
c) If the supporting evidence is not yet available in the constituency or constituencies where it
due to circumstances beyond the power of the has official candidates. (Sec. 5, COMELEC
claimant, the latter shall supplement his claim as Resolution 9615, 15 January 2013)
soon as the supporting evidence becomes
available, without delay on the part of the Q: What are lawful expenditures?
claimant.
d) Claimant must furnish a copy of the verified A:
claim and its attachments to the media outlet 1. Traveling expenses
concerned prior to the filing of the claim with the 2. Compensation of campaigners, clerks,
COMELEC. (Sec. 14, COMELEC Resolution 9615 as stenographers, messengers and other persons
amended by COMELEC Resolution 9631, 1 actually employed in the campaign
February 2013) 3. Telegraph and telephone tolls, postage, freight
and express delivery charges
Q: What is period of resolution? 4. Stationery, printing and distribution of printed
matters relative to candidacy
A: The COMELEC, through the RED, shall review the 5. Employment of watchers at the polls
verified claim within forty-eight (48) hours from 6. Rent, maintenance and furnishing of campaign
receipt thereof, including supporting evidence, and if headquarters, office or place of meetings
circumstances warrant, give notice to the media 7. Political meetings or rallies
outlet involved for appropriate action, which shall, 8. Advertisements

9. Employment of counsel, the cost of which shall 1. Provincial board of canvassers - The provincial
not be taken into account in determining the board of canvassers shall be composed of the
amount of expenses which a candidate or provincial election supervisor or a senior lawyer
political party may have incurred in the regional office of the Commission, as
10. Copying and classifying list of voters, chairman, the provincial fiscal, as vice-chairman,
investigating and challenging the right to vote of and the provincial superintendent of schools, and
persons registered in the lists, the cost of which one representative from each of the ruling party
shall not be taken into account in determining and the dominant opposition political party in
the amount of expenses which a candidate or the constituency concerned entitled to be
political party may have incurred represented, as members.
11. Printing sample ballots, the cost of which shall
not be taken into account in determining the 2. City board of canvassers - The city board of
amount of expenses which a candidate or canvassers shall be composed of the city election
political party may have incurred. (Sec. 102, B.P. registrar or a lawyer of the Commission, as
881 Omnibus Election Code) chairman, the city fiscal and the city
superintendent of schools, and one
Note: The cost of numbers 9,10,11 shall not be taken into representative from each of the ruling party and
account in determining the amount of expenses which a the dominant opposition political party entitled
candidate or political party may have incurred. to be represented, as members.
STATEMENT OF CONTRIBUTIONS AND EXPENSES 3. District board of canvassers of Metropolitan

Manila - The district board of canvassers shall be
Q: What is a statement of contribution and composed of a lawyer of the Commission, as
expenses? chairman, and a ranking fiscal in the district and
the most senior district school supervisor in the
A: It is a statement of election contributions and district to be appointed upon consultation with
expenditures. Every candidate and treasurer of the the Ministry of Justice and the Ministry of
political party shall, within 30 days after the day of Education, Culture and Sports, respectively, and
the election, file in duplicate with the offices of the one representative from each of the ruling party
COMELEC, the full, true and itemized statement of all and the dominant opposition political party in
contributions and expenditures in connection with the constituency concerned, as members.
the election. (Sec. 14, R.A. 7166)
4. Municipal board of canvassers - The municipal
Q: What is the effect of failure to file the said board of canvassers shall be composed of the
statement? election registrar or a representative of the
Commission, as chairman, the municipal
A: treasurer, and the district supervisor or in his
1. No person elected to any public office shall enter absence any public school principal in the
upon the duties of his office until he has filed the municipality and one representative from each of
statement of contributions and expenditures the ruling party and the dominant opposition
herein required. The same prohibition shall apply political party entitled to be represented, as
if the political party which nominated the members.
winning candidates, or winning party-list group,
fails to file the statement required herein 5. Board of canvassers for newly created political
2. Such failure will constitute an administrative subdivisions- The Commission shall constitute a
offense for which the offenders shall be liable to board of canvassers and appoint the members
pay an administrative fine. Provided, that this thereof for the first election in a newly created
does not apply to candidates for elective province, city or municipality in case the officials
barangay office. (Sec. 14, R.A. No. 7166) who shall act as members thereof have not yet
assumed their duties and functions. (Sec. 221,
BOARD OF ELECTION INSPECTORS AND BOARD OF B.P. 881 Omnibus Election Code)
CANVASSERS
Q: Who has supervision and control over the board
Q: What is the composition of the Board of of canvassers?
Canvassers (BoC)?
A:

ELECTION LAW
A: The Commission shall have direct control and ballot box provided with three padlocks whose keys
supervision over the board of canvassers. Any shall be kept as follows: one by the election registrar,
member of the board of canvassers may, at any time, another by the representative of the ruling party and
be relieved for cause and substituted motu proprio by the third by the representative of the dominant
the Commission. (Sec. 227., B.P. 881 Omnibus political opposition party. (Sec. 229, B.P. 881 Omnibus
Election Code) Election Code)
Q: What body will act as the Board of Cnvassers for Q: How will the safekeeping of transmitted election
President and Vice-President? returns be done?
A: Congress A: The board of canvassers shall keep the ballot boxes

containing the election returns in a safe and secure
Q: What are the duties of Congress as Board of room before and after the canvass. The door to the
Canvassers for President and Vice President? room must be padlocked by three locks with the keys
thereof kept as follows:
A: Congress shall determine the authenticity and due 1. One with the chairman,
execution of certificate of canvass. 2. The other with the representative of the
1. Each certificate of canvass was executed, signed, ruling party,
thumb marked by the Chair and transmitted to 3. And the other with the representative of the
Congress dominant opposition political party.
2. Each certificate contains the names of all
candidates and votes and words and figures. The watchers of candidates, political parties, coalition
3. No discrepancy in authentic copies of political parties and organization collectively
authorized by the Commission to appoint watchers
Q: Who is the Board of Canvassers for Senators? shall have the right to guard the room. Violation of
this right shall constitute an election offense. (Sec.
A: The COMELEC en banc. 230, B.P. 881 Omnibus Election Code)
Q: What is the manner of delivery and transmittal of Q: How will the canvassing by the board be
election returns? conducted?
A: A:
CITY AND MUNICIPAL PROVINCIAL AND 1. The board of canvassers shall meet not later than
BOARD OF CANVASSERS DISTRICT BOARDS OF six o'clock in the afternoon of election day at the
CANVASSERS IN place designated by the Commission to receive
METROPOLITAN the election returns and to immediately canvass
MANILA those that may have already been received.
The copy of the election The copy of the election
returns, duly placed inside returns shall be 2. It shall meet continuously from day to day until
a sealed envelope signed personally delivered by the canvass is completed, and may adjourn but
and affixed with the the members of the only for the purpose of awaiting the other
imprint of the thumb of board of election election returns from other polling places within
the right hand of all the inspectors to the its jurisdiction.
members of the board of election registrar for
election inspectors, shall transmittal to the 3. Each time the board adjourns, it shall make a
be personally delivered by proper board of total of all the votes canvassed so far for each
the members of the board canvassers under candidate for each office, furnishing the
of election inspectors to proper receipt to be Commission in Manila by the fastest means of
the city or municipal signed by all the communication a certified copy thereof, and
board of canvassers under members thereof. making available the data contained therein to
proper receipt to be the mass media and other interested parties.
signed by all the members
thereof. 4. As soon as the other election returns are
delivered, the board shall immediately resume
The election registrar concerned shall place all the canvassing until all the returns have been
returns intended for the board of canvassers inside a canvassed.

1. Obtain such missing election returns from

5. The respective board of canvassers shall prepare the board of election inspectors concerned
a certificate of canvass duly signed and affixed 2. If said returns have been lost or destroyed,
with the imprint of the thumb of the right hand the board of canvassers, upon prior
of each member, supported by a statement of authority of the Commission, may use any of
the votes received by each candidate in each the authentic copies of said election returns
polling place and, on the basis thereof, shall or a certified copy of said election returns
proclaim as elected the candidates who obtained issued by the Commission, and forthwith
the highest number of votes cast in the province, 3. Direct its representative to investigate the
city, municipality or barangay. (Sec. 231, B.P. 881 case and immediately report the matter to
Omnibus Election Code). the Commission
Note: Failure to comply with this requirement shall Note: The board of canvassers, notwithstanding the fact
constitute an election offense. that not all the election returns have been received by it,
may terminate the canvass and proclaim the candidates
Q: Who are not allowed inside the canvassing room? elected on the basis of the available election returns if the
missing election returns will not affect the results of the
election (Sec. 233, B.P. 881 Omnibus Election Code)
A:
1. Any officer or member of the Armed Forces of
the Philippines, including the Philippine Q: When the integrity of ballots is violated, what
Constabulary, or the Integrated National Police should the BoC do?
2. Any peace officer or any armed or unarmed
persons belonging to an extra-police agency, A:
special forces, reaction forces, strike forces, 1. In case of material defects in the election returns
home defense forces, barangay self-defense - If it should clearly appear that some requisites
units, barangay tanods in form or data had been omitted in the election
3. Any member of the security or police returns, the board of canvassers shall call for all
organizations of government ministries, the members of the board of election inspectors
commissions, councils, bureaus, offices, concerned by the most expeditious means, for
instrumentalities, or government-owned or the same board to effect the correction. In case
controlled corporations or their subsidiaries of the omission in the election returns of the
4. Any member of a privately owned or operated name of any candidate and/or his corresponding
security, investigative, protective or intelligence votes, the board of canvassers shall require the
agency performing identical or similar functions board of election inspectors concerned to
to enter the room where the canvassing of the complete the necessary data in the election
election returns are held by the board of returns and affix therein their initials (Sec. 234,
canvassers and within a radius of fifty meters B.P. 881 Omnibus Election Code).
from such room. (Sec. 232, B.P. 881 Omnibus
Note: The right of a candidate to avail of this provision
Election Code)
shall not be lost or affected by the fact that an election
protest is subsequently filed by any of the candidates.
Note: The board of canvassers by a majority vote, if it
deems necessary, may make a call in writing for the detail
2. In case the election returns appear to be
of policemen or any peace officers for their protection or
for the protection of the election documents and tampered with or falsified - If the election returns
paraphernalia in the possession of the board, or for the submitted to the board of canvassers appear to
maintenance of peace and order, in which case said be tampered with, altered or falsified after they
policemen or peace officers, who shall be in proper have left the hands of the board of election
uniform, shall stay outside the room within a radius of inspectors, or otherwise not authentic, or were
thirty meters near enough to be easily called by the board prepared by the board of election inspectors
of canvassers at any time. (Ibid.) under duress, force, intimidation, or prepared by
persons other than the member of the board of
Q: In case the election returns are delayed, lost or election inspectors, the board of canvassers shall
destroyed, what should the BOC do? use the other copies of said election returns and,
if necessary, the copy inside the ballot box which
A: In case its copy of the election returns is missing, upon previous authority given by the
the board of canvassers shall: Commission may be retrieved in accordance with

ELECTION LAW
Section 220 hereof (Sec. 235, B.P. 881 Omnibus luck and his proclamation on the basis thereof. (Sec.
Election Code). 240, B.P. 881 Omnibus Election Code)
3. In case of discrepancies in the election return - if Q: When will the proceedings of the BoC be
it appears to the board of canvassers that there considered as an illegal proceeding?
exists discrepancies in the other authentic copies
of the election returns from a polling place or A: There is an illegal proceeding of the BOC when the
discrepancies in the votes of any candidate in canvassing is a sham or mere ceremony, the results of
words and figures in the same return, and in which are pre-determined and manipulated as when
either case the difference affects the results of any of the following circumstances are present:
the election, the Commission, upon motion of 1. Precipitate canvassing
the board of canvassers or any candidate 2. Terrorism
affected and after due notice to all candidates 3. Lack of sufficient notice to the members of
concerned, shall proceed summarily to the BOC's
determine whether the integrity of the ballot box 4. Improper venue. (Sec. 2, Rule 4, COMELEC
had been preserved, and once satisfied thereof Resolution No. 8804, March 22, 2010)
shall order the opening of the ballot box to
recount the votes cast in the polling place solely Q. What are the Characteristics of Canvassing?
for the purpose of determining the true result of
the count of votes of the candidates concerned A:
(Sec. 236, B.P. 881 Omnibus Election Code). 1. The BOC is a collegial body.
2. The BOC exercises ministerial duty.
Note: When integrity of ballots is violated. - The 3. The BOC exercises quasi judicial functions
Commission shall not recount the ballots but shall 4. Proceedings before BOC are summary
forthwith seal the ballot box and order its safekeeping 5. Canvassing shall be in public
(Sec. 237, B.P. 881 Omnibus Election Code).
6. Proceedings are continuous from day to day,
without interruption except to adjourn.
Canvass of remaining or unquestioned returns to
continue. If, after the canvass of all the said returns, it 7. After Proclamation, BOC becomes functus
should be determined that the returns which have officio
been set aside will affect the result of the election, no
proclamation shall be made except upon orders of the REMEDIES AND JURISDICTION IN ELECTION LAW
Commission after due notice and hearing. Any
proclamation made in violation hereof shall be null PETITION NOT TO GIVE DUE COURSE TO
and void (Sec. 238, B.P. 881 Omnibus Election Code). CERTIFICATE OF CANDIDACY
Q: If the election resulted in a tie, what should the Q: What are the requisites for the grant of a petition
BOC do? to deny due course to or cancel a certificate of
candidacy?
A: Whenever it shall appear from the canvass that
two or more candidates have received an equal and A:
highest number of votes, or in cases where two or 1. Material misrepresentation in the qualifications
more candidates are to be elected for the same for elective office, which includes age, residency,
position and two or more candidates received the citizenship, and any other legal qualifications
same number of votes for the last place in the necessary to run for an elective office; and
number to be elected, the board of canvassers, after 2. Deliberate attempt to mislead, misinform or hide
recording this fact in its minutes, shall by resolution a fact which would otherwise render a candidate
upon five days notice to all the tied candidates, hold a ineligible.
special public meeting at which the board of
canvassers shall proceed to the drawing of lots of the Note: These two requirements must concur to warrant
candidates who have tied and shall proclaim as the cancellation of the certificate of candidacy.
elected the candidates who may be favored by luck,
and the candidates so proclaimed shall have the right A verified petition may be filed exclusively on the
to assume office in the same manner as if he had ground that any material representation contained in
been elected by plurality of vote. The board of the certificate as required under Section 74 is false.
The petition may be filed not later than 25 days from
canvassers shall forthwith make a certificate stating
the time of filing of the certificate of candidacy, and
the name of the candidate who had been favored by
shall be decided, after due notice and hearing, not

later than 15 days before the election (Section 78, B.P. substituted under Section course or cancelled
881 Omnibus Election Code). 77 of the Omnibus under Section 78 cannot
Election Code because he be substituted because
Jurisdiction over a petition to cancel a certificate of
remains a candidate until he is never considered as
candidacy lies with the COMELEC in division, not with
the COMELEC en banc. (Garvida v. Sales, G.R. o.
disqualified. candidate.
122872, September 10, 1997)
PETITION FOR DISQUALIFICATION
Q: Joy and Bel both ran as mayoralty candidates in
the Municipality of Marantao, Lanao del Sur. Bel Q: What is a petition for disqualification?
filed a Petition for Disqualification and to Deny Due
Course under Sec. 78 of the OEC against Joy. Bel A: It is the remedy against any candidate who does
alleged that Joy was a double registrant, being a not possess all the qualifications required by the
registered voter in Brgy. Panggao Saduc, Marawi Constitution or law, or who commits any act declared
City and Brgy. Kialdan Proper, Marantao. There by law to be grounds for disqualification.
being double registration, Joys subsequent Q: When is a petition for disqualification filed?
registration in Marantao was null and void.
Therefore, Joy was disqualified to run for the A: It may be filed any day after the last day for filing
position of municipal mayor of said municipality. Is of certificates of candidacy, but not later than the
Xs voter registration a material fact, the falsity of date of proclamation. (2013 COMELEC Rules of
which would be a ground for a petition to deny due Procedure, Rule 25, Sec. 3)
course to her COC?
Q: What is the manner of the proceedings?
A: In Maruhom vs. COMELEC, G.R. No. 179430, July
27, 2009, the Court declared that a material facts A: The petition is heard summarily. However, the
refers to a candidates eligibility for qualification for COMELEC cannot disqualify a candidate without
elective office like citizenship, residence or status as a hearing and affording him opportunity to adduce
registered voter. Maruhoms voter registration evidence to support his side and taking into account
constitutes a material fact because it affects her such evidence.
eligibility to be elected as municipal mayor of
Marantao. Section 39(a) of the Local Government Q: What are the effects of disqualification?
Code requires that an elective official must be, among
other things, a registered voter in the barangay, A: Any candidate who has been declared by final
municipality, city or province where she intends to be judgment to be disqualified shall not be voted for.
elected. The votes cast in his favor shall not be counted.
Q: What are the differences between a Petition for If the candidate is not disqualified by final judgment
Disqualification and a Petition to Deny Due Course? before the election and receives the highest number
of votes in the election, the court or COMELEC will
A: continue with the trial and hearing of the action,
PETITION FOR PETITION TO DENY DUE inquiry or protest. Upon motion of the complainant
DISQUALIFICATION COURSE/ CANCEL COC or intervenor, the court or COMELEC may order the
Premised on Section 12 Based on a statement of suspension of the proclamation of the candidate
or 68of the Omnibus a material whenever the evidence of guilt is strong.
Election Code, or Section representation in the
40 of the Local said certificate that is Q: What is a final and executory judgment?
Government Code. false.
A person who is The person whose A: A Decision or Resolution is deemed final and
disqualified under Section certificate is cancelled or executory if, in case of a Division ruling, no motion for
68 is merely prohibited to denied due course under reconsideration is filed within the reglementary
continue as a candidate. Section 78 is not treated period, or in cases of rulings of the Commission En
as a candidate at all, as if Banc, no restraining order is issued by the Supreme
he never filed a Court within five (5) days from receipt of the decision
Certificate of Candidacy. or resolution. (2013 COMELEC Rules of Procedure,
Thus, a candidate who is A person whose Rule 23, Sec. 8)
disqualified under Section Certificate of Candidacy
68 can be validly has been denied due Q: What are the grounds for disqualification?

ELECTION LAW
Note: The hearing is summary in nature and the COMELEC
A: Those declared by final decision of a competent may delegate to its lawyers the power to hear the case and
court, guilty of, or found by the Commission to be to receive evidence. (Ibid.)
suffering from any disqualification provided by law or
the Constitution (2013 COMELEC Rules of Procedure, Q: Is low turn-out of voters enough basis to grant a
Rule 25, Sec. 1) petition to declare a failure of election?
1. Lacking qualification
2. Filing of COC for more than 1 office A: No. All the law requires is that a winning candidate
3. False and Material representation in the COC must be elected by a plurality of valid votes,
4. Disqualification under the LGC regardless of the actual number of ballots cast. Thus,
5. Nuisance Candidate even if less than 25% of the electorate in the
6. Election offenses enumerated under Sec. 68 questioned precincts cast their votes, the same must
of the Omnibus Election Code still be respected. (Mitmug v. COMELEC, G.R. No.
7. Declaration of insanity or incompetency by 106270-73, February 10, 1994 )
competent authority Q: Due to violence and terrorism attending the
8. Sentenced by final judgment for subversion, casting of votes in a municipality in Lanao del Sur, it
insurrection, rebellion or an offense which became impossible to hold therein free, orderly and
he has been sentenced to a penalty of more honest elections. Several candidates for municipal
than 18 months or a crime involving moral positions withdrew from the race. One candidate for
turpitude, unless given plenary pardon/ Mayor petitioned the COMELEC for the
amnesty. postponement of the elections and the holding of
special elections after the causes of such
PETITION TO DECLARE FAILURE OF ELECTIONS postponement or failure of elections shall have
ceased.
Q: What are the three instances where a failure of 1. How many votes of the COMELEC
election may be declared? Commissioners may be cast to grant the
petition? Explain.
A: 2. A person who was not a candidate at the time
1. The election in any polling place has not been of the postponement of the elections decided to
held on the date fixed on account of force run for an elective position and filed a
majeure, violence, terrorism, fraud, or other certificate of candidacy prior to the special
analogous causes; elections. May his certificate of candidacy be
2. The election in any polling place had been accepted? Explain.
suspended before the hour fixed by law for the 3. Suppose he ran as a substitute for a candidate
closing of the voting on account of force majeure, who previously withdrew his candidacy, will
violence, terrorism, fraud, or other analogous your answer be the same? Explain.
causes; and
3. After the voting and during the preparation and A:
transmission of the election returns or canvass 1. The COMELEC shall decide by a majority vote of
thereof such election results in failure to elect on all its members on any case or matter brought
account of force majeure, violence, fraud or before it. (Section 7, Article IX-A of the 1987
analogous causes. (Banaga Jr. vs Comelec, G.R. Constitution). In Cua v. COMELEC, G.R. No.
No. 134696, July 31, 2000) 80519-2, Dec. 17, 1987, the Supreme Court
stated that a two-to-one decision rendered by a
Note: There is a failure to elect when nobody can be Division of the COMELEC and a three-to-two
declared as winner because the will of the majority has decision rendered by the COMELEC en banc was
been defiled and cannot be ascertained. valid where only five members took part in
deciding the case.
Q: Who has the power to declare a failure of
election? 2. No, his certificate of candidacy cannot be
accepted. As a rule, in cases of postponement or
A: The COMELEC has the power to declare a failure of failure of election no additional certificate of
election and this can be exercised motu proprio or candidacy shall be accepted (Sec.75 of the
upon verified petition. (Loong v. COMELEC, G.R. Nos. Omnibus Election Code)
107814-15, May 16, 1996)

Note: This rule does not apply in cases of substitution elections not held, continuation of
of candidates in case of death, disqualification or but not later than 30 elections reasonably
withdrawal of another under Sec. 77. days from cessation close to election not
of cause held, but not later
3. No, the answer will be different. An additional than 30 days from
certificate of candidacy may be accepted in cases cessation of cause.
of postponement or failure of election if there
was a substitution of candidates; but the Note: The COMELEC en banc by majority vote may grant
substitute must belong to and must be endorsed the postponement of elections and failure of elections.
by the same party. (Sec.75 of the Omnibus
Election Code)
Q: Is a petition to declare failure of election different

from a petition to annul the election results?
A: Yes. A prayer to declare failure of elections and a PRE-PROCLAMATION CONTROVERSIES

prayer to annul the election results are actually of the
same nature. Whether an action is for declaration of Q: What are pre-proclamation controversies?
failure of elections or for annulment of election
results, based on allegations of fraud, terrorism, A: They refer to any question pertaining to or
violence or analogous, the Omnibus Election Code affecting the proceedings of the board of canvassers,
denominates them similarly. (Banaga, Jr. v. and the preparation, transmission, receipt, custody
COMELEC, G.R. No. 134696, July 31, 2000) and appreciation of election returns which may be
raised by any candidate or by any registered political
Note: There is failure of elections only when the will of the party or coalition of political parties before the board
electorate has been muted and cannot be ascertained.
or directly with the COMELEC in relation to the
(Benito vs. COMELEC, G.R. No. 134913, January 19, 2001)
preparation, transmission, receipt, custody and
appreciation of election returns. (Sec. 241, B.P. 881
Q: Distinguish Postponement of Elections and
Omnibus Election Code)
Failure of Elections
Note: The purpose of this kind of controversy is to ascertain
A: winners in the elections on basis of election returns duly
POSTPONEMENT OF FAILURE OF ELECTIONS authenticated by board of inspectors and admitted by the
ELECTIONS board of canvassers. (Abella v. Larrazabal, G.R. No. 87721-
Any serious cause of: 30, Dec. 21, 1989)
a. Force Majeure
b. Violence Q: What is the nature of Pre Proclamation
c. Terrorism Controversy?
d. Loss or destruction of election paraphernalia
e. Other analogous cases A: It shall be heard summarily by the COMELEC. Its
Serious impossibility to Failure to elect and decision shall be executory after 5 days from receipt
have free and orderly affect results of elections by the losing party, unless contrary orders from
elections Supreme Court.
Grounds must exist Grounds may occur any
before voting time before Q: Are there pre-proclamation cases in elections for
proclamation President, Vice-president and Members of the
House of Representatives on matters relating to the
1. Verified petition by 1. Verified petition by
preparation, transmission, receipt, custody, and
any interested any interested
appreciation of the election returns or the
person or motu person
certificates of canvass?
proprio by COMELEC 2. Due Notice
en banc 3. Hearing
A:
2. Due notice
GR: No (Sec. 15, Synchronized Election Law).
3. Hearing
1. Election is postponed 1. Declaration of
XPNS:
2. Conduct elections Failure of elections
1. Correction of manifest errors
reasonably close to 2. Holding of

ELECTION LAW
2. Questions affecting the composition or 3. Election returns were prepared under duress
proceedings of the board of canvassers threat, coercion, or intimidation, or they are
and obviously manufactured or not authentic
3. Determination of the authenticity and
due execution of certificates of canvass 4. When substitute or fraudulent returns in
as provided in Sec. 30 of R.A.7166, as controverted polling places were canvassed, the
amended by R.A. 9369. results of which materially affected the standing
of the aggrieved candidate/s. (Sec. 243, B.P. 881
Note: GR: The COMELEC is restricted to a mere Omnibus Election Code).
examination of returns on their face and not to go beyond
and investigate irregularities. (Belac v. COMELEC, G.R. No.
5. Irregularities in relation to preparation,
145802, April 4, 2001)
transmission, receipt, custody, and appreciation
XPN: If there is a prima facie showing that return of election returns and certificate of canvass.
is not genuine. (Ibid.)
Q: What is a petition to annul or suspend the
No pre-proclamation cases are allowed in case of proclamation?
barangay election. (Sec. 9, R.A. No. 6679) A: It is a remedy where there is a manifest error on
the face of the transmitted returns or variance of
Q: When are pre-proclamation cases terminated? results from the election returns and COC, and a
winning candidate is about to be, or has already been
A: proclaimed on the basis thereof.
GR: At the beginning of term of the officers. (Sec. 16,
R.A. No. 7166) The COMELEC is required to hear the petition
immediately and the ballots may be ordered
XPNS: manually recounted to verify the manifest errors or
1. When based on evidence, alleged variance.
COMELEC determines that petition is
meritorious Note: The filing of a petition to annul or suspend the
proclamation shall suspend the running of the period within
2. The SC in a petition for certiorari issues
which to file an election protest or quo warranto
a contrary order; or
proceedings.
3. The case is not a pre-proclamation case.
(Peaflorida v. COMELEC, G.R. No. Q: Are pre-proclamation controversies allowed
125950, November 18, 1997) under the new Automated Elections Law?
Q: What issues may be raised in a pre-proclamation A:
controversy? GR: For purpose of the elections for president, vice
president, senator, and member of the House of
A: Representatives, no pre-proclamation cases shall be
1. Illegal composition or proceedings of the Board allowed on matters relating to the preparation,
of Canvassers transmission, receipt, custody and appreciation of
election returns or the certificates of canvass, as the
2. Canvassed election returns are incomplete, case may be. (Sec. 38, R.A. No. 9369)
contain material defects, appear to be tampered
with or falsified; or contain discrepancies in the XPNS:
same returns or in other authentic copies thereof 1. Illegal composition of the Board of
as mentioned in Sec. 233, 234, 235, and 236 of Canvassers (BOC);
B.P. 881 2. Illegal proceedings of the BOC. (Sec. 1,
Rule 3, COMELEC Resolution No. 8804,
Note: An incomplete canvass is illegal and cannot be
March 22, 2010)
the basis of a valid proclamation. A proclamation made
where the contested returns set aside will affect the
result of the election and the board of canvassers Note: However, this does not preclude the authority of the
proceeded to proclaim without the authority from the appropriate canvassing body motu propio or upon written
COMELEC is null and void. (Sema vs. COMELEC, G.R. complaint of an interested person to correct manifest
No. 141249-50, Dec. 13, 2000) errors in the certificate of canvass or election before it.
(Sec. 38, R.A. No. 9369)

Q: Is the COMELEC precluded from exercising 1. COMELEC sole judge of all contests relating to
powers over pre proclamation controversies, when elections, returns, and qualifications of all
the Electoral Tribunal acquires jurisdiction? elective regional, provincial and city officials.
(reviewable by SC under Rule 64 using Rule 65.)
A: 2. Presidential Electoral Tribunal President and
GR: Yes Vice President
3. SET Senator
XPNS: 4. HRET representative
A. Board of Canvassers was improperly 5. RTC over contests for municipal officials which
constituted may be appealed to COMELEC
B. Proclamation was null and void 6. MeTC or MTC for barangay officials which may
C. Quo warranto is not the proper remedy be appealed to COMELEC
D. What was filed was a petition to annul a
proclamation, and not a Quo Warranto Q: What are the grounds for the filing of election
or Election Protest protests?
E. Election Contest expressly made A:
without prejudice to Pre Proclamation 1. Fraud
Controversy or it was made ad cautelam 2. Vote-buying
3. Terrorism
ELECTION PROTESTS 4. Presence of flying voters
5. Misreading or misappreciation of ballots
Q: What are post-election disputes? 6. Disenfranchisement of voters
7. Unqualified members of board of election
A: They are disputes which arise or are instituted inspector
after proclamation of winning candidates and which 8. Other election irregularities.
issues pertain to the casting and counting of votes
(Election Protests), or to the eligibility or disloyalty of Note: Pendency of election protest is not sufficient basis to
the winning candidates (Quo Warranto). enjoin the protestee from assuming office.
A protestant has the right to withdraw his protest or drop

Q: What is the nature of an election contest?
polling places from his protest. The protestee, in such
cases, has no cause to complain because the withdrawal is
A: It is a special summary proceeding the object of the exclusive prerogative of the protestant.
which is to expedite the settlement of controversies
between candidates as to who received the majority Q: What must an election protest contain?
of legal votes.
A: It must be initiated by filing a protest that must
Note: Statutes providing for election contests are to be contain the following allegations:
liberally construed to the end that the will of the people in
a. The protestant is a candidate who duly filed
the choice of public officers may not be defeated by mere
technical objections. An election contest, unlike an ordinary
a certificate of candidacy and was voted for
action, is imbued with public interest since it involves not in the election.
only the adjudication of the private interests of rival b. The protestee has been proclaimed
candidates but also the paramount need of dispelling the c. The date of the proclamation. (Miro vs.
uncertainty which beclouds the real choice of the COMELEC, G.R.No. L-57574, April 20, 1983)
electorate with respect to who shall discharge the
prerogatives of the office within their gift. Moreover, it is Q: On June 23, 2004, the National Board of
neither fair nor just to keep in office for an uncertain period Canvassers (NBC) proclaimed Sitro as the duly
one whos right to it is under suspicion. It is imperative that
elected Vice-President of the Philippines. Karen was
his claim be immediately cleared not only for the benefit of
the winner but for the sake of public interest, which can
the person who obtained the second highest
only be achieved by brushing aside technicalities of number of votes. Karen filed a protest with the PET
procedure which protract and delay the trial of an ordinary praying for the annulment of the Sitro's
action. (Vialogo vs. COMELEC, G.R. No. 194143, Oct. 4, proclamation on the ground of fraud and
2011) manipulation of the results. While the protest was
pending, Karen ran in the Senate, which term
Q: Where are election protests filed? coincides with the term of the 2004-2010 Vice-
Presidency. She was elected and assumed the office
A: of senator. Will the protest prosper?

ELECTION LAW
A: No. In assuming the office of Senator, Karen has Q: What is a quo warranto proceeding for an
effectively abandoned or withdrawn this protest. elective office?
Such abandonment or withdrawal operates to render
moot the instant protest. Moreover, the dismissal of A: It is a proceeding to determine the right to the use
this protest would serve public interest as it would or exercise of an office and to oust the holder from its
dissipate the aura of uncertainty as to the results of enjoyment, if his claim is not well-founded or if he
the election. (Legarda v. De Castro, PET case no. 003, has forfeited his right to enjoy the privilege.
Jan. 18, 2008)
Unlike an election protest, which can only be filed by
Q: What are the requisites for an execution pending a candidate, any voter can file a petition for quo
appeal in election protest cases? warranto.
A: Note: Election Protests and Quo warranto proceedings

1. It must be upon motion by the prevailing party against a Congressman-elect, Senator-elect, President-elect
with notice to the adverse party and VP-elect are brought before the appropriate electoral
tribunals created by the Constitution.
2. There must be good reasons for the said
execution
3. The order granting the said execution must state Q: Under the Omnibus Election Code, what
the good reasons (Navarosa vs. COMELEC, G.R. differentiates an election protest from a quo
No. 157957, Sept. 18, 2003) warranto case, as to who can file the case and the
respective issues therefor?
Q: What constitutes good reasons?
A:
A: A combination of two or more of the following: ELECTION PROTEST QUO WARRANTO
1. That public interest is involved or the will of the By a losing By any voter who
electorate candidate for the is a registered
2. The shortness of the remaining portion of the same office for voter in the
term of the contested office Who which the winner constituency
3. The length of time that the election contest has may filed his certificate where the
been pending (Ramas vs. COMELEC, G.R. No. file of candidacy winning candidate
130831. Feb. 10, 1998) sought to be
disqualified ran
Note: If instead of issuing a preliminary injunction in place for office
of a TRO, a court opts to decide the case on its merits with Who received the Whether the
the result that it also enjoins the same acts covered by its majority or plurality candidate who
TRO, it stands to reason that the decision amounts to a of the votes which was proclaimed
grant of preliminary injunction. Such injunction should be were legally cast and elected
deemed in force pending any appeal from the decision. The should be
view that execution pending appeal should still continue Issue/s
Whether there disqualified
notwithstanding a decision of the higher court enjoining
such executiondoes not make sense. It will render quite
were irregularities because of
inutile the proceedings before such court. (Panlilio vs. in the conduct of ineligibility or
COMELEC, G.R. No. 184286, Feb. 26, 2010) the election which disloyalty to the
affected its results Philippines
Q: What are the best pieces of evidence in an
election contest? Q: Discuss the function of Senate and House of
Representative Tribunals.
A:
1. Ballots are the best and most conclusive A: The Senate and the House of Representatives each
evidence in an election contest where the have an Electoral Tribunal which shall be the sole
correctness of the number of votes of each judge of all contests relating to elections, returns, and
candidate is involved. (Delos Reyes, G.R. No. qualifications of their respective members. Such
170070, Feb. 28, 2007) jurisdiction begins only after a candidate has become
2. Election returns are the best evidence when the a member of the legislative body. The judicial review
ballots are lost, destroyed, tampered or fake. of the decisions of these electoral tribunals is possible
only in the exercise of the SCs extraordinary
QUO WARRANTO jurisdiction.

A: Yes. The COMELEC en banc may delegate such

GR: Electoral Tribunal is the sole judge of all contests authority to any public prosecutor but always subject
relating to the election, returns and qualifications of to the control and supervision of the COMELEC.
Congressional members ONLY after the candidate has (People v. Delgado, G.R. No. Nos. 93419-32,
become a member of Congress and not prior thereto. September 18, 1990)
XPN: COMELEC has jurisdiction if candidate Q: In cases where the prosecutor exercises
not yet proclaimed and involving manifest delegated authority to conduct preliminary
errors in the certificates of canvass and in investigation of election offenses and such officer,
composition of board or its proceedings. after investigation, already resolves the issue of
probable cause, where should one appeal the
Q: Who shall act as the sole judge of all contests resolution?
relating to the election, returns, and qualifications of
the President and the VP? A: From such resolution, appeal to the COMELEC lies,
and the latters ruling on the appeal would be
A: The Presidential Electoral Tribunal (PET) immediately final and executory. However, if the
preliminary investigation is conducted by the
Note: Before election, PET has no jurisdiction to entertain COMELEC itself, appeal to the COMELEC is unavailing,
any petition relating to the qualifications or but the respondent may file a motion for
disqualifications of candidates for President and VP, the reconsideration of the resolution of the COMELEC en
jurisdiction being with the COMELEC.
banc finding probable cause. (Faelnar v.People, G.R.
Nos. 140850-51. May 4, 2000)
Note: PET is composed of all the Supreme Court Justices.
Q: What is the effect if the protestant accepts a Q: What are the election offenses?
permanent appointment? Why?
A:
A: Acceptance of a permanent appointment to a 1. Vote buying and vote selling
regular office during the pendency of his protest is an 2. Conspiracy to bribe voters
abandonment of the electoral protest. The same is 3. Wagering upon result of election
true if a protestant voluntarily sought election to an 4. Coercion of subordinates
office whose term would extend beyond the expiry 5. Threats, intimidation, terrorism, use of
date of the term of the contested office, and after fraudulent device or other forms of coercion
winning the said election, took her oath and assumed 6. Coercion of election officials and employees
office and there after continuously serves it. The 7. Appointment of new employees, creation of new
reason for this is that the dismissal of the protest position, promotion, giving of salary increases
would serve public interest as it would dissipate the 8. Intervention of public officers and employees
aura of uncertainty as to the results of the 9. Undue influence
presidential election, thereby enhancing the all-to 10. Unlawful electioneering
crucial political stability of the nation during this 11. Others. (Sec. 261, B.P. 881 Omnibus Election
period of national recovery. (Santiago v. Ramos, Code)
P.E.T. Case No. 001, Feb. 13, 1996)
Q: What is the prescriptive period of election
offenses?
PROSECUTION OF ELECTION OFFENSES
A: 5 years from the date of their commission. (Sec.
Q: Who has the authority to prosecute election
267, B.P. 881 Omnibus Election Code)
offenses?
Q: Which court has jurisdiction to hear and decide
A: The COMELEC is vested with the power of a public
election offenses?
prosecutor with the exclusive authority to conduct
the preliminary investigation and prosecution of
A:
election offenses punishable under the Omnibus
GR: The RTC has the exclusive and original jurisdiction
Election Code. (Sec. 265, B.P. 881 Omnibus Election
to hear and decide any criminal action or proceedings
Code)
for violation of the OEC.
Q: May the COMELEC delegate such authority?

ELECTION LAW
XPN: The MTC has jurisdiction over offenses

relating to failure to register or failure to
vote

LOCAL GOVERNMENTS A: Any agency organized as a stock or non-stock

corporation vested with functions relating to public
Q: What is local government? needs whether governmental or proprietary in
nature, and owned by the government directly or
A: A political subdivision of a nation or state which is indirectly through its instrumentalities either wholly,
constituted by law and has substantial control of local or where applicable as in the case of stock
affairs. (Bernas, The 1987 Constitution of the Republic corporations to the extent of at least 51% of its
of the Philippines: A Commentary, 2009 Edition.) capital stock.(Section 2 (13) of Executive Order No.
292 Administrative Code of 1987)
PUBLIC CORPORATIONS
Q: What are the requisites of a GOCC?
Q: What is a public corporation?
A:
1. Any agency organized as a stock or non-stock
A: It is one created by the State either by general or
corporation
special act for purposes of administration of local
2. Vested with functions relating to public needs
government or rendering service in the public
th whether governmental or proprietary in nature
interest. (Rodriguez, p. 2, LGC 5 Edition)
3. Owned by the Government directly or through its
instrumentalities either wholly, or, where
Q: What is the criterion to determine whether a
applicable as in the case of stock corporations, to
corporation is a public corporation?
the extent of at least fifty-one (51) of its capital
stock. (Leyson, Jr. v. Office of the Ombudsman,
A: It is the relationship of the corporation to the
G.R. No. 134990, April 27, 2000)
state. If it was created by the State as its own agency
to help it in carrying out its governmental functions, it Q: Distinguish public corporation from a GOCC.
is public. Otherwise, it is private.
A:
Q: What are the dual characteristics of a public PUBLIC CORPORATION GOCCs
corporation? Purpose
Administration of local Performance of functions
A:
government relating to public needs
1. Public or governmental it acts as an agent of
whether Governmental or
the State for the government of the territory and
Proprietary in nature
its inhabitants within the municipal limits. The
Who creates
municipal corporation exercises by delegation a
By the state either by By Congress or by
part of the sovereignty of the state
general or special act incorporators
2. Private or proprietary it acts as an agent of the
community in the administration of local affairs
which is wholly beyond the sphere of public How created
purposes for which its governmental powers are By legislation (1) Original charters or
conferred. It acts as separate entity for its own special laws or
purposes, and not a subdivision of the State (2) general corporation law
(McQuillin, Municipal Corporations, 3d ed., pp. as a stock or non-stock
456-464). corporation
Note: Every LGU created or recognized under this code is a CLASSIFICATIONS

body politic and corporate endowed with powers to be
exercised by it in conformity with law. As such, it shall Q: What are the classes of corporations?
exercise powers as a political subdivision of the national
government and has a corporate entity representing the A:
inhabitants of its territory. (Sec.15, LGC) 1. Quasi-public corporations - Private corporations
that render public service, supply public wants,
DISTINGUISHED FROM GOCC or pursue other eleemosynary objectives. While
purposely organized for the gain or benefit of its
Q: What is a Government Owned and Controlled members, they are required by law to discharge
Corporation (GOCC)? functions for the public benefit. It must be
stressed that a quasi-public corporation is a

LOCAL GOVERNMENTS
species of private corporations, but the Q: What are the different types of municipal
qualifying factor is the type of service the former corporations?
renders to the public: if it performs a public
service, then it becomes a quasi-public A:
corporation. (Philippine Society for the 1. De jure municipal corporations created or
Prevention of Cruelty to Animals vs. Commission recognized by operation of law.
on Audit, G.R.169752, Sept. 25, 2007) 2. Municipal corporations by prescription
exercised their powers from time immemorial
2. Municipal corporations body politic and with a charter, which is presumed to have been
corporate constituted by the incorporation of lost or destroyed.
inhabitants for purposes of local government. It 3. De facto municipal corporations where the
is established by law partly as an agency of the people have organized themselves, under color
State to assist in the civil government of the of law, into ordinary municipal bodies, and have
country, but chiefly to regulate and administer gone on, year after year, raising taxes, making
the local or internal affairs of the city, town or improvements, and exercising their usual
district which is incorporated. (Dillon, Municipal franchises, with their rights dependent quite as
Corporations, Vol.1, pp. 58-59. much on acquiescence as on the regularity of
th
their origin. (Rodriguez, LGC 5 Edition, pp.17-18)
MUNICIPAL CORPORATIONS
Note: An inquiry into the legal existence of a de facto
Q: What are the essential elements of a municipal corporation is reserved to the State in a proceeding for quo
corporation? warranto or other direct proceeding. (Mun. of Malabang,
Lanao del Sur v. Benito, G.R. No. L-28113, March 28, 1969)
A:
1. Legal creation or incorporation; Q: What are the essential requisites of a de facto
2. Corporate name; corporation?
The sangguniang panlalawigan may, in
consultation with the Philippine Historical A: VACA
Institute, change the name of component cities 1. Valid law authorizing incorporation
and municipalities, upon the recommendation of 2. Attempt in good faith to organize under it
the sanggunian concerned; provided that the 3. Colorable compliance with law
same shall be conducted for the purpose in the 4. Assumption of corporate powers (Rodriguez, LGC
th
political unit directly affected. (Sec. 13, RA 7160) 5 Edition, p. 18)
3. Inhabitants; and
4. Territory (Nachura, 2006, p.553). Q: Can the President, through an Executive Order,
create municipalities?
Q: Discuss the dual nature and function of a
municipal corporation. A: The Supreme Court declared as unconstitutional
Sec. 68 of the Revised Administrative Code which
A: Every LGU created or organized under the LGC is a authorized the President to create municipalities
body politic and corporate endowed with powers to through Executive Order (Pelaez vs. Auditor General,
be exercised by it in conformity with law. As such, it 15 SCRA 569). With this declaration, municipalities
shall exercise powers as a political subdivision of the created by E.O. could not claim to be de facto
National Government and as a corporate entity municipal corporations, because there was no valid
representing the inhabitants of its territory (Sec. 15, law authorizing incorporation. (Nachura,
RA.A 7160). Outline/Reviewer in Political Law 2009, p. 583)
Accordingly, it has dual functions, namely: REQUISITES FOR CREATION, CONVERSION, DIVISION,
a.) Public or governmental it acts as an agent MERGER OR DISSOLUTION
of the State or the government of the
territory and the inhabitants. Q: Who has the authority to create municipal
b.) Private or proprietary it acts as an agent of corporations? How is a public corporation created?
the community in the administration of local
affairs. As such, it acts as a separate entity, A: A Local Government Unit may be created, divided,
for its own purposes, and not as a merged, abolished or its boundaries substantially
subdivision of the State (Bara Lidasan v. altered either:
Comelec, 21 SCRA 496).

1. By law enacted by Congress in case of province, with technical descriptions; and sufficient to
city, municipality or any other political provide for such basic services and facilities. Area
subdivision; requirements are:
2. By an ordinance passed by the Sangguniang a. Barangay 2 or more contiguous
Panlalawigan or Sangguniang Panlungsod territory (Sec. 386 R.A. 7160)
concerned in the case of a barangay located b. Municipality 50 sq. km (Sec.442 R.A.
within its territorial jurisdiction, subject to such 7160)
limitations and requirements prescribed in the c. City 100 sq. km (Sec.450 R.A. 7160)
LGC. (Sec. 6, R.A. 7160) d. Province 2,000 sq.km (Sec.461 R.A.
7160)
Q: What are the requisites or limitations imposed on
the creation or conversion of municipal Note: Compliance with the foregoing indicators shall be
corporations? attested to by the Department of FInance, NSO and the
Lands Management Bureau of DENR.
A:
Q: When does corporate existence begin?
1. Plebiscite requirement must be approved by
majority of the votes cast in a plebiscite called for
A: Upon the election and qualification of its chief
such purpose in the political unit or units directly
executive and a majority of the members of its
affected.
sanggunian, unless some other time is fixed therefor
Note: The residents of the mother province must
by law or ordinance creating it. (Sec. 14, R.A. 7160)
participate in the plebiscite to conform to the
constitutional requirement. Q: What is the rule relative to the merger and
division of local government units?
2. Income requirement must be sufficient and
based on acceptable standards to provide for all A:
essential government facilities and services and 1. It should not reduce the income, population or
special functions commensurate with the size of land area of the LGC concerned to less than the
its population as expected of the local minimum requirement
government unit concerned. 2. The income classification of the original LGU/s
shall not fall below its current income
Average annual income for the last consecutive classification prior to the division
year should be at least: 3. A plebiscite must be held in LGUs affected
a. Province P 20M 4. Assets and liabilities of creation shall be
b. Highly Urbanized City P 50M equitably distributed between the LGUs affected
c. City P 100M RA. 9009 amending Sec. and new LGU
450 of LGC
d. Municipality P 2.5M Note: When a municipal district of other territorial divisions
is converted or fused into a municipality all property rights
3. Population requirement to be determined as vested in original territorial organization shall become
vested in the government of the municipality. (R.A. 688)
the total number of inhabitants within the
territorial jurisdiction of the local government th
unit concerned. The required minimum Q: At the end of the 11 Congresss existence,
population shall be: several bills aiming to convert certain municipalities
a. Barangay 2K into cities were pending. The same were not entered
b. But 5K in: into law.
c. Metro Manila th
d. Highly urbanized cities The 12 Congress enacted R.A. No. 9009, amending
e. Municipality 25K the Local Government Code (LGC) by increasing the
f. City 150K income requirement for conversion of municipalities
g. Highly Urbanized Cities 200K into cities. Congress deliberated on exempting the
municipalities mentioned earlier from the new
h. Province 250K
income requirement; however, no concrete action
4. Land requirement must be contiguous, unless it came out of such deliberations.
comprises two or more islands or is separated by
a local government unit independent of the The municipalities filed, through their respective
others; properly identified by metes and bounds sponsors, individual cityhood bills containing a

LOCAL GOVERNMENTS
common proviso exempting them from the new Note: On November 18, 2008, the SC ruled the cityhood
income requirement. The Congress approved the laws unconstitutional. On December 21, 2009, it reversed
same. Concerned parties protested such laws the ruling. Then again, on August 24, 2010, it decided to
uphold the original ruling. And finally, last April 12, 2011 it
allowing a wholesale conversion of municipalities
upheld the constitutionality of the creation of the 16 new
as being unconstitutional. Decide.
cities.
1. Are the cityhood laws valid?
2. The challenged cities claim that it was the Q: May Congress validly delegate to the ARMM
intent of Congress anyway to grant them Regional Assembly the power to create provinces,
exemption from the income requirement, as per cities, and municipalities within the ARMM pursuant
th
the deliberations of the 11 Congress. What to Congresss plenary legislative powers?
became of the cityhood bills and their
deliberations that were pending at the A: No. There is no provision in the Constitution that
th
adjournment of the 11 Congress? conflicts with the delegation to regional legislative
bodies of the power to create municipalities and
A:
barangays. However, the creation of provinces and
1. Yes, the 16 cities covered by the Cityhood Laws
cities is another matter. Only Congress can create
not only had conversion bills pending during the
provinces and cities because the creation of the same
11th Congress, but have also complied with the
necessarily includes the creation of legislative
requirements of the LGC prescribed prior to its
districts, a power only Congress can exercise under
amendment by R.A. No. 9009. Congress
Section 5 Art. VI of the Constitution and Section 3 of
undeniably gave these cities all the
the Ordinance appended to it.
considerations that justice and fair play
demanded. Hence, this Court should do no less
The ARMM Regional Assembly cannot enact a law
by stamping its imprimatur to the clear and
creating a national office like the office of a district
unmistakable legislative intent and by duly
representative of Congress because the legislative
recognizing the certain collective wisdom of
powers of the ARMM Regional Assembly operate only
Congress. Congress, who holds the power of the
within its territorial jurisdiction as provided in Section
purse, in enacting the Cityhood Laws, only sought
20 Art. X of the Constitution. (Sema v. COMELEC, G.R.
the well-being of respondent municipalities,
No. 178628, July 16, 2008)
having seen their respective capacities to
become component cities of their provinces,
Q: Congress enacted a law creating the legislative
temporarily stunted by the enactment of R.A. No.
district of Malolos based on a certification of the
9009. By allowing respondent municipalities to
demographic projection from NSO stating that by
convert into component cities, Congress desired
2010, Malolos is expected to reach the population of
only to uphold the very purpose of the LGC, i.e.,
250,000, hence entitling it to one legislative district.
to make the local government units enjoy
Is the law valid?
genuine and meaningful local autonomy to
enable them to attain their fullest development
A: No. Congress cannot establish a new legislative
as self-reliant communities and make them more
district based on a projected population of the
effective partners in the attainment of national
National Statistics Office (NSO) to meet the
goals, which is the very mandate of the
population requirement of the Constitution in the
Constitution (League of Cities of the Philippines
reapportionment of legislative districts.
(LCP) v. COMELEC, G.R. No. 176951, April 12,
2011).
A city that has attained a population of 250,000 is
2. Notwithstanding that both the 11th and 12th entitled to a legislative district only in the
Congress failed to act upon the pending cityhood immediately following election. In short, a city must
bills, both the letter and intent of Section 450 of first attain the 250,000 population, and thereafter, in
the LGC, as amended by R.A. No. 9009, were the immediately following election, such city shall
carried on until the 13th Congress, when the have a district representative. There is no showing in
Cityhood Laws were enacted. The exemption the present case that the City of Malolos has attained
clauses found in the individual Cityhood Laws are or will attain a population of 250,000, whether actual
the express articulation of that intent to exempt or projected, before May 10, 2010 elections. Thus,
respondent municipalities from the coverage of the City of Malolos is not qualified to have a
R.A. No. 9009. (League of Cities of the Philippines legislative district of its own under Section 5(3),
(LCP) v. COMELEC, G.R. No. 176951, Feb. 15, Article VI of the 1987 Constitution and Section 3 of
2011)

the Ordinance appended to the1987 Constitution. 1. It shall not reduce the income, population or
(Aladaba v. Comelec, G.R. No. 188078, Jan. 25, 2010) land area of the LGU/S concerned to less than
minimum requirements prescribed;
Q: Congress enacted a law reapportioning the 2. Income classification of the original LGU/S shall
composition of the Province of Camarines Sur and not fall below its current income classification
created legislative districts thereon. Frankie prior to division. (Sec.8 R.A. 7160)
challenged the law because it runs afoul to the 3. Plebiscite be held in LGUs affected (Sec.10 R.A.
constitutional requirement that there must be at 7160)
least a population of 250,000 to create a legislative 4. Assets and liabilities of creation shall be
district. Comelec argued that the mentioned equitably distributed between the LGUs
requirement does not apply to provinces. Is the affected and new LGU. (R.A. 688)
250,000 population standard an indispensible
requirement for the creation of a legislative district Q: When may an LGU be abolished?
in provinces?
A: When its income, population or land area has been
A: No. Section 5(3), Article VI of the 1987 Constitution irreversibly reduced to less than the minimum
which requires 250,000 minimum population standards prescribed for its creation, as certified by
requirement apply only for a city to be entitled to a the national agencies mentioned. The law or
representative but not for a province. ordinance abolishing a local government unit shall
specify the province, city, municipality or barangay
The provision draws a plain and clear distinction with which the local government unit sought to be
between the entitlementof a city to a district on one abolished will be incorporated or merged. (Sec. 9,
hand, and the entitlement of a province to a district R.A. 7160)
on the other. For while a province is entitled to at
least a representative, with nothing mentioned about No creation, division, merger, abolition, or substantial
population, a city must first meet a population alteration of boundaries of local government units
minimum of 250,000 in order to be similarly entitled. shall take effect unless approved by a majority of the
(Aquino and Robredo v. Comelec, G.R. No. 189793, votes cast in a plebiscite called for the purpose in the
April 7, 2010) political unit or units directly affected. Said plebiscite
shall be conducted by the Commission on Elections
Q: Congress passed a law providing for the (COMELEC) within one hundred twenty (120) days
apportionment of a new legislative district in CDO from the date of effectivity of the law or ordinance
City. The COMELEC subsequently issued a resolution effecting such action, unless said law or ordinance
implementing said law. Zander now assails the fixes another date (Sec. 10, R.A. 7160).
resolution, contending that rules for the conduct of
a plebiscite must first be laid down, as part of the Note: A barangay may officially exist on record and the fact
requirements under the Constitution. According to that nobody resides in the place does not result in its
Zander, the apportionment is a conversion and automatic cessation as a unit of local government. Under
the Local Government Code (LGC) of 1991, the abolition of
division of CDO City, falling under Section 10 Art X of
an LGU may be done by Congress in the case of a province,
the Constitution, which provides for the rule on
city, municipality, or any other political subdivision. In the
creation, division, merger, and abolition of LGUs. case of a barangay, except in Metropolitan Manila area and
Decide. in cultural communities, it may be done by the
Sangguniang Panlalawigan or Sangguniang Panglungsod
A: There is no need for a plebiscite. CDO City concerned subject to the mandatory requirement of a
politically remains a single unit and its administration plebiscite conducted for the purpose in the political units
is not divided along territorial lines. Its territory affected. (Sarangani vs. COMELEC, G.R. No. 135927, June
remains whole and intact. Thus, Section 10 Art. X of 26, 2000)
the Constitution does not come into play. (Bagabuyo
v. COMELEC, G.R. No. 176970, Dec. 8, 2008) Q: Who may abolish an LGU?
Q: What are the requirements for division and A:

merger of local government units? 1. Congress in case of provinces, city,
municipality, or any other political subdivision.
A: It has the requirements as creation of LGU 2. Sangguniang Panlalawigan or Sangguniang
provided that: Panglungsod in case of a barangay, except in
Metropolitan Manila area and in cultural
communities.

LOCAL GOVERNMENTS
PRINCIPLES OF LOCAL AUTONOMY 4. Mandatory, directory; ministerial, discretionary
Q: What is the principle of local autonomy? Q: How are powers of a LGU to be executed?
A: Under the 1987 Constitution, it simply means A:

decentralization; it does not make the local 1. Where statute prescribes the manner of exercise,
governments sovereign within the state or an procedure must be followed.
imperium in imperio. (Basco v. PAGCOR, G.R. 91649, 2. Where the law is silent, LGU has the discretion to
May 14, 1991) select reasonable means and methods to
th
exercise (Rodriguez, pp. 9-10, LGC 5 Edition)
Q: Distinguish decentralization of administration
(DA) from decentralization of power (DP). Q: What are the different governmental powers of a
LGU?
A:
DA DP A:
Consists merely in the Involves abdication by the 1. Police power
delegation of national government of 2. Basic services and facilities
administrative powers political power in favor of 3. Power to generate and apply resources
to broaden the base of LGUs declared autonomous. 4. Power of eminent domain
governmental power. 5. Taxing Power
6. Reclassification of Land
(Limbona v. Mangelin, G.R.80391, February 28, 1989)
7. Local legislative power
8. Closure and opening of roads
Note: Under the Philippine concept of local autonomy, only
administrative powers over local affairs are delegated to 9. Corporate Powers
political subdivisions. In turn, economic, political and social 10. Liability of LGUs
developments at the smaller political units are expected to 11. Settlement of Boundary Disputes
propel social and economic growth and development. But 12. Succession of Local Officials
to enable the country to develop as a whole, the programs 13. Discipline of Local Officials
and policies effected locally must be integrated and 14. Authority over police units
coordinated towards a common national goal. (Pimentel Jr.
v. Aguirre, G.R. 132988, July 19, 2000)
POLICE POWER (GENERAL WELFARE CLAUSE)
Q: Define devolution with respect to local
Q: What is the nature of the police power of the
government units.
LGU?
A: The act by which the national government confers
A: The police power of the LGU is not inherent. LGUs
power and authority upon the various local
exercise the police power under the general welfare
government units to perform specific functions and
clause. (Sec 16, R.A. 7160)
responsibilities (Sec. 17(e) R.A. 7160)
Q: What are the requisites/limitations for the
POWERS OF LOCAL GOVERNMENTS
exercise of the police power for it to be considered
as properly exercised?
Q: What are the sources of powers of a municipal
corporation?
A:
1. The interests of the public generally, as
A:
distinguished from those of a particular class,
1. Constitution
require the interference of the state. (Equal
2. Statutes (e.g. LGC)
protection clause)
3. Charter
2. The means employed are reasonably necessary
4. Doctrine of right to Self-Government
for the attainment of the object sought to be
accomplished and not duly oppressive. (Due
Q: What are the classifications of municipal powers?
process clause)
3. Exercisable only within the territorial limits of the
A:
LGU, except for protection of water supply (Sec
1. Express, Implied, Inherent
16, R.A. 7160)
2. Government or public, Corporate or private
3. Intramural, extramural

4. Must not be contrary to the Constitution and the may be, it is in effect an arbitrary and whimsical
laws. intrusion into the rights of the establishments as well
as their patrons. The Ordinance needlessly restrains
Q: May a nuisance be abated without a judicial the operation of the businesses of the petitioners as
proceeding? well as restricting the rights of their patrons without
sufficient justification. The Ordinance rashly equates
A: Yes, provided it is nuisance per se. The abatement wash rates and renting out a room more than twice a
of nuisances without judicial proceedings applies to day with immorality without accommodating
nuisance per se or those which affect the immediate innocuous intentions. (White Light Corp., v.City of
safety of persons and property and may be summarily Manila, 576 SCRA 416, 2009)
abated under the undefined law of necessity.
(Tayaban v. People, G.R. No. 150194, Mar. 6, 2007) EMINENT DOMAIN
However, the local sanggunian does not have the Q: What is eminent domain?
power to find, as a fact, that a particular thing is a
nuisance per se, a thing which must be determined A: In general, eminent domain is defined as the
and resolved in the ordinary courts of law (AC power of the nation or a sovereign state to take, or to
Enterprise, Inc. v. Frabelle Properties Corporation,G.R. authorize the taking of, private property for a public
No. 166744, Nov. 2, 2006) use without the owners consent, conditioned upon
payment of just compensation. It is acknowledged as
Q: What does the power to issue licenses and an inherent political right, founded on a common
permits include? necessity and interest of appropriating the property
of individual members of the community to the great
A: It includes the power to revoke, withdraw or necessities of the whole community. (Barangay
restrict through the imposition of certain conditions. Sindalan v. Court of Appeals, G.R. 150640, March 22,
However, the conditions must be reasonable and 2007)
cannot amount to an arbitrary interference with the
business. (Acebedo Optical Company, Inc. vs. CA, G.R. Q: What are the requisites for a valid exercise of
No. 100152, March 31, 2000) power of eminent domain by LGU?
Q: Distinguish between the grant of a license or A: OPOC

permit to do business and the issuance of a license 1. An Ordinance is enacted by the local legislative
to engage in the practice of a particular profession. council authorizing the local chief executive, in
behalf of the local government unit, to exercise
A: the power of eminent domain or pursue
LICENSE/PERMIT TO DO LICENSE TO ENGAGE IN A expropriation proceeding over a particular
BUSINESS PROFESSION property.
Granted by the local Board or Commission
authorities tasked to regulate the Note: A resolution will not suffice for a LGU
particular profession to be able to expropriate private property; a
Authorizes the person to Authorizes a natural municipal ordinance is different from a
engage in the business or person to engage in the resolution in that an ordinance is a law while
some form of commercial practice or exercise of his a resolution is merely a declaration of the
activity or her profession sentiment or opinion of a lawmaking
authority on a specific matter.
Note: A business permit is issued primarily to regulate the 2. It must be for Public use, purpose or welfare of
conduct of business. It cannot, by the imposition of for the benefit of the poor or landless
condition, be used to regulate the practice of a profession. 3. There must be payment of just Compensation
(Acebedo Optical v. CA, G.R. No. 100152, Mar. 31, 2000) 4. A valid and definite Offer has been previously
made to the owner of the property sought to be
Q: May an LGU regulate the short time periods and expropriated, but said offer was not accepted.
wash rates of motels to protect public morals? (Municipality of Paranaque vs. V.M. Realty
Corporation G.R. No. 127820. July 20, 1998)
A: No. Individual rights may be adversely affected
only to the extent that may fairly be required by the Q. What are the due process requirements in
legitimate demands of public interest or public eminent domain?
welfare. However, well-intentioned the Ordinance

LOCAL GOVERNMENTS
A: Offer must be in writing specifying: compensation on the basis of the evidence

1. Property sought to be acquired before, and findings of, the commissioners would
2. The reason for the acquisition be final. It would finally dispose of the second
3. The price offered stage of the suit, and leave nothing more to be
done by the Court regarding the issue. (Brgy. Son
Note: Roque, Talisay, Cebu v. Hrs. of Francisco Pastor,
1. If owner accepts offer: a contract of sale will G.R. No. 138896, June 20, 2000)
be executed
2. If owner accepts but at a higher price: Local
Q: When is public use requirement satisfied?
chief executive shall call a conference for the
purpose of reaching an agreement on the
selling price; If agreed, contract of sale will A: That only a few could actually benefit from the
be drawn. (Article 35 of LGC IRR) expropriation of the property does not diminish its
public use character. It is simply not possible to
Q: What are the requisites for an authorized provide all at once land and shelter for all who need
immediate entry? them. Corollary to the expanded notion of public use,
expropriation is not anymore confined to vast tracts
A: of land and landed estates. It is therefore of no
1. Filling of a complaint for expropriation sufficient moment that the land sought to be expropriated in
in form and substance this case is less than half a hectare only. Through the
2. Deposit of the amount equivalent to fifteen years, the public use requirement in eminent domain
percent (15%) of the fair market value of the has evolved into a flexible concept, influenced by
property to be expropriated based on its current changing conditions. Public use now includes the
tax declaration. broader notion of indirect public benefit or
advantage, including in particular, urban land reform
Note:Upon compliance, the issuance of writ of possession and housing. (Philippine Columbian Association v.
becomes ministerial.(City of Iloilo vs Legaspi, G.R. No. Panis, G.R. L-106528, Dec. 21, 1993)
154614, November 25, 2004)
Note: The passage of R.A. No. 7279, the Urban
Q: What are the two phases of expropriation Development and Housing Act of 1992 introduced a
proceedings? limitation on the size of the land sought to be expropriated
for socialized housing. The law expressly exempted small
A: property owners from expropriation of their land for
urban land reform. (City of Mandaluyong v. Aguilar, G.R.
1. The determination of the authority of the
137152, Jan. 29, 2001)
plaintiff to exercise the power of eminent
domain and the propriety of its exercise in the
Q: When is genuine necessity satisfied?
context of the facts involved in the suit. It ends
with an order, if not of dismissal of the action, of
A: The right to take private property for public
condemnation declaring that the plaintiff has a
purposes necessarily originates from the necessity
lawful right to take the property sought to be
and the taking must be limited to such necessity. In
condemned, for the public use or purpose
City of Manila v. Chinese Community of Manila, we
described in the complaint, upon the payment of
held that the very foundation of the right to exercise
just compensation to be determined as of the
eminent domain is a genuine necessity and that
date of the filing of the complaint. An order of
necessity must be of a public character. Moreover,
dismissal, if this be ordained, would be a final
the ascertainment of the necessity must precede or
one, since it finally disposes of the action and
accompany and not follow the taking of the land. In
leaves nothing more to be done by the Court on
City of Manila v. Arellano Law College, the necessity
the merits. The order of condemnation shall be a
within the rule that the particular property to be
final one, as the Rules expressly state, in the
expropriated must be necessary, does not mean an
proceedings before the Trial Court, no objection
absolute but only a reasonable or practical necessity,
to the exercise of the right of condemnation (or
such as would combine the greatest benefit to the
the propriety thereof) shall be filed or heard.
public with the least inconvenience and expense to
the condemning party and the property owner
2. The determination by the Regional Trial Court of
consistent with such benefit. (Masikip v. City of Pasig,
the just compensation for the property sought to
G.R. 136349, Jan. 23, 2006)
be taken. This is done by the Court with the
assistance of not more than three (3)
commissioners. The order fixing the just

Q: May an LGU expropriate a property to provide a Q: What are the fundamental principles that shall
right-of-way to residents of a subdivision? govern the exercise of the taxing and revenue-
raising powers of local government units?
A: No. Considering that the residents who need a
feeder road are all subdivision lot owners, it is the A:
obligation of the Subdivision owner to acquire a right- 1. Taxation shall be uniform in each local
of-way for them. However, the failure of the government unit
subdivision owner to provide an access road does not 2. Taxes, fees, charges and other impositions shall
shift the burden to petitioner. To deprive be equitable and based as far as practicable on
respondents of their property instead of compelling the taxpayers ability to pay; it shall be levied and
the subdivision owner to comply with his obligation collected only for public purpose; it must not be
under the law is an abuse of the power of eminent unjust, excessive, oppressive, or confiscatory; it
domain and is patently illegal. Worse, the must not be contrary to law, public policy,
expropriation will actually benefit the subdivisions national economic policy, or restraint of trade;
owner who will be able to circumvent his 3. The collection of local taxes, fees, charges and
commitment to provide road access to the other impositions shall in no case be let to any
subdivision in conjunction with his development private person
permit and license to sell from the Housing and Land 4. The revenue collected shall inure solely to the
Use Regulatory Board, and also be relieved of benefit of and be subject to disposition by, the
spending his own funds for a right-of-way. (Barangay local government unit, unless specifically
Sindalan v. CA G.R. No. 150640,March 22, 2007) provided therein;
5. Each local government, as far as practicable,
TAXING POWER evolves a progressive system of taxation. (Sec.
130, R.A. 7160)
Q: What is the nature of the power of taxation in
LGUs? Q: Under the Constitution, what is the basis of
ARMMs taxing power?
A: A municipal corporation, unlike a sovereign state,
is clothed with no inherent power of taxation. The A: The ARMM has the legislative power to create
charter or statute must plainly show an intent to sources of revenues within its territorial jurisdiction
confer that power or the municipality cannot assume and subject to the provisions of the 1987 Constitution
it. And the power when granted is to be construed in and national laws. (Sec. 20[b], Art. X)
strictissimi juris. (Medina vs. City of Baguio, G.R. No.
L-4060, Aug. 29, 1952) Q: Distinction between the power to tax by ordinary
LGUs and that of the Autonomous Regions.
Q: Under the Constitution, what are the three main
sources of revenues of local government units? A:
A: LGUS INSIDE
LGUS OUTSIDE
1. Taxes, fees, and charges. (Sec. 5, Art. X, 1987 AUTONOMOUS
AUTONOMOUS REGIONS
Constitution) REGIONS (I.E. ARMM)
Basis of Taxing Power
2. Internal Revenue Allotment (IRA) Just share in Sec. 5, Article X, 1987 Sec. 20(b), Article X,
the national taxes which shall be automatically Constitution 1987 Constitution
released to them (Sec. 6, Art. X, 1987 Governing Guidelines and limitatitons
Constitution) Local Government Code of Respective Organic Act
1991
Note: The current sharing is 40% local and 60%
national. The share cannot be reduced except if there
is unmanageable public sector deficit. Note: Unlike Sec. 5, Article X, Sec. 20, Article X of the 1987
Constitution is not self-executing. It merely authorizes
3. Equitable share in the proceeds of the utilization Congress to pass the Organic Act of the autonomous
regions which shall provide for legislative powers to levy
and development of the national wealth within
taxes upon their inhabitants.
their areas. (Sec. 7, Art. X, 1987 Constitution)
Q: The President, through AO 372, orders the
withholding of 10 percent of the LGUs' IRA "pending

LOCAL GOVERNMENTS
the assessment and evaluation by the Development avoid duplication in the use of fiscal and physical
Budget Coordinating Committee of the emerging resources
fiscal situation" in the country. Is the AO valid? 9. Local budgets shall operationalize approved local
development plans
A: No, A basic feature of local fiscal autonomy is the 10. Local government units shall ensure that their
automatic release of the shares of LGUs in the respective budgets incorporate the requirements
national internal revenue. This is mandated by no of their component units and provide for
less than the Constitution. The Local Government equitable allocation of resources among these
Code specifies further that the release shall be made component units
directly to the LGU concerned within five (5) days 11. National planning shall be based on local
after every quarter of the year and "shall not be planning to ensure that the needs and
subject to any lien or holdback that may be imposed aspirations of the people as articulated by the
by the national government for whatever purpose." local government units in their respective local
As a rule, the term "shall" is a word of command that development plans, are considered in the
must be given a compulsory meaning. The provision formulation of budgets of national line agencies
is, therefore, imperative. (Pimentel, Jr. v. Aguirre, G.R. or offices
No. 132988, July 19, 2000) 12. Fiscal responsibility shall be shared by all those
exercising authority over the financial affairs,
Q: What are the fundamental principles governing transactions and operations of the local
financial affairs, transactions and operations of government units; and
LGUs? 13. The local government unit shall endeavor to have
a balanced budget in each fiscal year of
A: operation(Sec. 305, R.A. 7160)
1. No money shall be paid out of the local treasury
except in pursuance of an appropriation Q: What procedures must a LGU comply with for a
ordinance or law; revenue ordinance to be valid?
2. Local government funds and monies shall be
spent solely for public purposes; A:
3. Local revenue is generated only from sources 1. A prior public hearing on the measure conducted
expressly authorized by law or ordinance, and according to prescribed rules.
collection thereof shall at all times be 2. Publication of the tax ordinance, within 10 days
acknowledged properly after their approval, for 3 consecutive days in a
4. All monies officially received by a local newspaper of local circulation provided that in
government officer in any capacity or on any provinces, cities, and municipalities where there
occasion shall be accounted for as local funds, are no newspapers of local circulation, the same
unless otherwise provided may be posted in at least two (2) conspicuous
5. Trust funds in the local treasury shall not be paid and publicly accessible places.
out except in the fulfillment of the purpose for
which the trust was created or the funds Note: If the tax ordinance or revenue measure
received contains penal provisions as authorized in Article 280
6. Every officer of the local government unit whose of this Rule, the gist of such tax ordinance or revenue
measure shall be published in a newspaper of general
duties permit or require the possession or
circulation within the province where the sanggunian
custody of local funds shall be properly bonded,
concerned belongs. (Art. 276, IRR of LGC)
and such officer shall be accountable and
responsible for said funds and for the Q: When shall a tax ordinance take effect?
safekeeping thereof in conformity with the
provisions of law; A: In case the effectivity of any tax ordinance or
7. Local governments shall formulate sound revenue measure falls on any date other than the
financial plans and local budgets shall be based beginning of the quarter, the same shall be
on functions, activities, and projects in terms of considered as falling at the beginning of the next
expected results ensuing quarter and the taxes, fees, or charges due
8. Local budget plans and goals shall, as far as shall begin to accrue therefrom. (Art. 276, IRR of LGC)
practicable, be harmonized with national
development plans, goals and strategies in order Q: The Province of Palawan passes an ordinance
to optimize the utilization of resources and to requiring all owners/operators of fishing vessels that
fish in waters surrounding the province to invest ten

percent (10%) of their net profits from operations 1. Imposing penalties (surcharges and penalty
therein in any enterprise located in Palawan. NARCO interest) in case of delinquency (Sec. 168 R.A.
Fishing Corp., a Filipino corporation with head office 7160)
in Navotas, Metro Manila, challenges the ordinance 2. Availing local governments liens (Sec. 173 R.A.
as unconstitutional. Decide the case. 7160)
3. Administrative action through distraint of goods,
A: The ordinance is invalid. The ordinance was chattels, and other personal property (Sec.
apparently enacted pursuant to Art. X, Sec. 7 of the 174(a) R.A. 7160)
Constitution, which entitles local governments to an 4. Judicial action (Sec. 174(b) R.A. 7160)
equitable share in the proceeds of the utilization and
development of the national wealth within their Q: What are real property taxes?
respective areas. However, this should be made
pursuant to law. A law is needed to implement this A: These are directly imposed on privilege to use real
provision and a local government cannot constitute property such as land, building, machinery, and other
itself unto a law. In the absence of a law, the improvements, unless specifically exempted.
ordinance in question is invalid.
Q: Bayantel was granted by Congress after the
Q: Who determines the legality or propriety of a effectivity of the Local Government Code (LGC), a
local tax ordinance or revenue measure? legislative franchise with tax exemption privileges
which partly reads the grantee, its successors or
A: It is the Secretary of Justice who shall determine assigns shall be liable to pay the same taxes on their
questions on the legality and constitutionality of real estate, buildings and personal property,
ordinances or revenue measures. Such questions exclusive of this franchise, as other persons or
shall be raised on appeal within thirty (30) days from corporations are now or hereafter may be required
the effectivity thereof to the Secretary of Justice who by law to pay. This provision existed in the
shall render a decision within sixty (60) days from the companys franchise prior to the effectivity of the
date of receipt of the appeal: Provided, however, LGC. Quezon City then enacted an ordinance
That such appeal shall not have the effect of imposing a real property tax on all real properties
suspending the effectivity of the ordinance and the located within the city limits and withdrawing all
accrual and payment of the tax, fee, or charge levied exemptions previously granted. Among properties
therein: Provided, finally, That within thirty (30) days covered are those owned by the company. Bayantel
after receipt of the decision or the lapse of the sixty- is imposing that its properties are exempt from tax
day period without the Secretary of Justice acting under its franchise. Is Bayantel correct?
upon the appeal, the aggrieved party may file
appropriate proceedings with a court of competent A: Yes. The properties are exempt from taxation. The
jurisdiction (RTC). (Sec. 187 R.A. 7160) grant of taxing powers to local governments under
the Constitution and the LGC does not affect the
Q: What is the nature of a community tax? power of Congress to grant tax exemptions.
A: Community tax is a poll or capitation tax which is The term "exclusive of the franchise" is interpreted to
imposed upon person who resides within a specified mean properties actually, directly and exclusively
territory. used in the radio and telecommunications business.
The subsequent piece of legislation which reiterated
Q: Who are exempted from the payment of the the phrase exclusive of this franchise found in the
community tax? previous tax exemption grant to the company is an
express and real intention on the part of the Congress
A: to once against remove from the LGCs delegated
1. Diplomatic and consular representatives; taxing power, all of the companys properties that are
2. Transient visitors when their stay in the actually, directly and exclusively used in the pursuit of
Philippines does not exceed 3 months. (Sec. 159 its franchise. (The City Government of Quezon City, et
R.A. 7160) al., v. Bayan Telecommunications, Inc., G.R. No.
162015, Mar. 6, 2006)
Q: What are the remedies available to the local
government units to enforce the payment of taxes? Note: An ordinance levying taxes, fees or charges shall not
be enacted without any prior public hearing conducted for
A: the purpose. (Figuerres v. CA, G.R. No. 119172, Mar.25,
1999)

LOCAL GOVERNMENTS
Q: What are the requisites so that the President may 2. Duration of which shall be specified
interfere in local fiscal matters? 3. Except for those activities not officially
sponsored or approved by the LGU
A: concerned (Sec 21(c) RA 7160)
1. An unmanaged public sector deficit of the
national government; Note: Any city, municipality or barangay may, by ordinance,
2. Consultations with the presiding officers of the temporarily close and regulate the use of a local street,
Senate and the House of Representatives and the road, thoroughfare or any other public place where
shopping malls, Sunday, flea or night markets, or shopping
presidents of the various local leagues;
areas may be established and where articles of commerce
3. And the corresponding recommendation of the
may be sold or dispensed with to the general public. (Sec
secretaries of the Department of Finance, 21(d) RA 7160)
Interior and Local Government, and Budget and
Management. (Pimentel, Jr. vs. Aguirre, G.R. No. Q: What are the material factors to consider in
132988, July 19, 2000) closing a street?
CLOSURE AND OPENING OF ROADS A: The material factors which a municipality must
consider in deliberating upon the advisability of
Q: What may be subject of an LGUs power to open closing a street are: "the topography of the property
or close a road? surrounding the street in the light of ingress and
egress to other streets; the relationship of the street
A: Any local road, alley, park, or square falling within in the road system throughout the subdivision; the
its jurisdiction may be closed, either permanently or problem posed by the 'dead end' of the street; the
temporary. (Sec 21(a) R.A. 7160) width of the street; the cost of rebuilding and
maintaining the street as contrasted to its ultimate
Note: No permanent closure of any local road, street, alley,
value to all of the property in the vicinity; the
park, or square shall be effected unless there exists a
inconvenience of those visiting the subdivision; and
compelling reason or sufficient justification therefor such
as, but not limited to, change in land use, establishment of whether the closing of the street would cut off any
infrastructure facilities, projects, or such other justifiable property owners from access to a street." (Favis v.
reasons as public welfare may require. (Art. 44(a), IRR, RA City of Baguio, G.R. L-29910, April 25, 1969)
7160)
LEGISLATIVE POWER
Q: What are the limitations in cases of permanent
and temporary closure? Q: Who exercises local legislative power and their
presiding officer (PO)?
A:
A. In case of permanent closure: A:
1. It must be approved by at least 2/3 of all the Sangguniang Vice-governor
Province
members of the Sanggunian and when panlalawigan
necessary provide for an adequate Sangguniang City vice-mayor
City
substitute for the public facility panlungsod
2. Adequate provision for the public safety Sangguniang bayan Municipality
must be made Municipality
vice-mayor
3. The property may be used or conveyed for Sangguniang Punong
any purpose for which other real property Barangay
barangay barangay
may be lawfully used or conveyed. However,
no freedom park shall be closed Note: The PO shall vote only to break a tie. (Sec. 49(a) R.A.
permanently without provision for its 7160)
transfer or relocation to a new site. (Sec
21(a)(b) RA 7160) Q: In the absence of the regular presiding officer,
who presides in the sanggunian concerned?
B. In case of temporary closure:
1. It must be for actual emergency, fiesta A: The members present and constituting a quorum
celebration, public rallies, agricultural or shall elect from among themselves a temporary
industrial works and highway presiding officer.
telecommunications and water work
projects

Q: May an incumbent Vice-Governor, while Q: What are the requirements of a sanggunian

concurrently the acting governor, continue to session?
preside over the sessions of the Sangguniang
Panlalawigan? If not, who may preside in the A:
meantime? 1. It shall be open to public unless it is a closed-
door session
A: A vice-governor who is concurrently an acting 2. No two sessions, regular or special, may be held
governor is actually a quasi-governor. For purposes of in a single day
exercising his legislative prerogatives and powers, he 3. Minutes of the session be recorded and each
is deemed a non-member of the SP for the time sanggunian shall keep a journal and record of its
being. proceedings which may be published upon
resolution of the sanggunian concerned.
In the event of inability of the regular presiding 4. In case of special sessions:
officer to preside at the sanggunian session, the a. Written notice to the members must be
members present and constituting a quorum shall served personally at least 24 hours
elect from among themselves a temporary presiding before the special session
officer.(Gamboa v. Aguirre, G.R. No. 134213, July 20, b. Unless otherwise concurred in by 2/3
1999) votes of the sanggunian members
present, there being no quorum, no
Q: What is the quorum in the sanggunian? other matters may be considered at a
special session except those stated in
A: A majority of all the members of the sanggunian the notice. (Sec. 52 R.A. 7160)
who have been elected and qualified. (Sec. 53 (a) R.A.
7160) Q: On its first regular session, may the sanggunian
transact business other than the matter of adopting
Q: What are the procedural steps or actions to be or updating its existing rules or procedure?
taken by the presiding officer if there is a question
of quorum and if there is no quorum? A: Yes. There is nothing in the language of the LGC
that restricts the matters to be taken up during the
A: Should there be a question of quorum raised first regular session merely to the adoption or
during a session, the PO shall immediately proceed to updating of the house rules. (Malonzo v. Zamora, G.R.
call the roll of the members and thereafter announce No. 137718, July 27, 1999).
the results. (Sec. 53 (a) R.A. 7160)
REQUISITES FOR VALID ORDINANCE
If there is no quorum, the PO may:
1. Declare a recess until such time that quorum is Q: What are the products of legislative action and
constituted their requisites for validity?
2. Compel attendance of the members who are
absent without justifiable cause A:
3. Declare the session adjourned for lack of quorum ORDINANCE RESOLUTION
and no business shall be transacted (Sec. 53(b)(c) Law Merely a declaration of the
R.A. 7160) sentiment or opinion of a
lawmaking body on a
Q: How are sessions fixed? specific matter
General and permanent Temporary in nature
A: character
IF REGULAR SESSIONS IF SPECIAL SESSIONS Third reading is GR: Third reading is not
st
By resolution on the 1 day When public interests so necessary for an necessary in resolution
of the session immediately demand, special session ordinance
following the election of its may be called for by the XPN: Unless decided
members local chief executive or otherwise by a majority of
by a majority of the all the Sanggunian members
members of the (Arrastre, Inc. v. Villaflor,
sanggunian G.R. 128509, Aug. 22, 2006)

LOCAL GOVERNMENTS
Q. What are the requisites for validity? (must not A: It shall be sufficient ground for the suspension or
be CUPPU, must be GC) dismissal of the official or employee (Sec. 58, R.A.
7160)
A:
1. Must not Contravene the constitution and any Q: When will an ordinance or resolution takes
statute effect?
2. Must not be Unfair or oppressive
3. Must not be Partial or discriminatory A:
4. Must not Prohibit, but may regulate trade GR: After 10 days from the date a copy is posted in a
5. Must not be Unreasonable bulletin board and in at least 2 conspicuous spaces.
6. Must be General in application and Consistent (Sec. 59(a) R.A. 7160)
with public policy. (Magtajas vs. Pryce Properties
Corporation, Inc, G.R. No. 111097, July 20, 1994) XPN: Unless otherwise stated in the
ordinance or resolution. (Sec. 59(a) R.A.
Q: How is a review of the ordinances or resolutions 7160)
done?
Q: What ordinances require publication for its
A: effectivity?
COMPONENT CITY AND
MUNICIPAL ORDINANCES BARANGAY ORDINANCES A:
OR RESOLUTIONS 1. Ordinances that carry with them penal sanctions.
Who reviews (Sec. 59(c) R.A. 7160)
Sanggunian Panlalawigan Sangguniang Panglungsod 2. Ordinances and resolutions passed by highly
or Sangguniang Bayan urbanized and independent component cities.
When copies of ordinance or resolutions be (Sec. 59(d) R.A. 7160)
forwarded
Within 3 days after Within 10 days after its Q: How is an ordinance approved?
approval enactment
Period to examine A:
Within 30 days after the Within 30 days after the 1. By affixing the signature of the chief executive on
receipt; may examine or receipt each and every page thereof if he approves the
may transmit to the same
provincial attorney or 2. By overriding the veto by 2/3 vote of all
provincial prosecutor. members of the sanggunian if the local chief
If the latter, must submit executive vetoed the same
his comments or
recommendations within Note: Local Chief Executive may veto the
ordinance only once on the ground that the
10 days from receipt of
ordinance is ultra vires and prejudicial to public
the document welfare. The veto must be communicated to the
When declared valid sanggunian within:
If no action has been Same a. 15 days = province
taken within 30 days after b. 10 days = city or municipality (Sec. 54, R.A.
submission 7160)
When invalid (grounds)
If beyond the power If inconsistent with the law Q: What are the items that the local chief executive
conferred on the or city or municipal may veto:
sangguniang panlungsod ordinance
A:
Effect:Barangay ordinance 1. Item/s of an appropriation ordinance.
is suspended until such 2. Ordinance/resolution adopting local
time as the revision called development plan and public investment
is effected(Sec. 56 and 57, program
R.A. 7160) 3. Ordinance directing the payment of money or
creating liability (Sec.55, R.A. 7160)
Q: What is the effect of the enforcement of a
disapproved ordinance or resolution?

Note: Ordinances enacted by the sangguniang barangay 2. The Sanggunian concerned has 30 days to act on
shall, upon approval by a majority of all its members be the petition. If the Sanggunian does not take any
signed by the punong barangay. The latter has no veto favorable action, the proponents may invoke the
power.
powers of initiative, giving notice to Sanggunian.
3. Proponents will have the following number of
LOCAL INITIATIVE AND REFERENDUM days to collect required number of signatures
a. Provinces and cities 90 days
Q: Distinguish local initiative from referendum. b. Municipalities 60 days
c. Barangay 30 days
A: 4. Signing of petition
INITIATIVE REFERENDUM 5. Date of initiative set by COMELEC if required
The legal process The legal process whereby number of signatures has been obtained.
whereby the registered the registered voters of the
voters of a LGU may LGU may approve, amend Q: When will the proposition be effective?
directly propose, enact or or reject any ordinance
amend any ordinance. enacted by the A: If the proposition is approved by a majority of the
(Sec. 120 R.A. 7160) sanggunian. (Sec. 126 R.A. votes cast, it will take effect 15 days after certification
7160) by the COMELEC.
Note: Local initiative includes not only ordinances but also Q: Who has the control over the local referendum?
resolutions as its appropriate subjects. (Garcia v. COMELEC,
G.R. 111230, Sept. 30, 1994) A: The local referendum shall be held under the
control and direction of the COMELEC within 60 days
Q: What are the limitations on local initiative? (in case of provinces), 45 days (in case of
municipalities) and 30 days (in case of barangays).
A: The COMELEC shall certify and proclaim the results of
1. It shall not be exercised for more than once a the said referendum.
year.
2. It shall extend only to subjects or matters which CORPORATE POWERS
are within the legal powers of the sanggunian to
enact. Q: What are the corporate powers of LGU?
3. If at any time before the initiative is held, the
sanggunian concerned adopts in toto the A: To:
proposition presented and the local chief 1. Have continuous succession in its corporate
executive approves the same, the initiative shall name
be canceled. However, those against such action 2. Sue and be sued
may, if they so desire, apply for initiative in the
manner herein provided. (Sec. 124 R.A. 7160) Notes:
a. Only the Provincial Fiscal or the Municipal
Note: Any proposition or ordinance approved through an Attorney can represent a province or municipality
initiative and referendum shall not be repealed, modified or in lawsuits. This is mandatory. Hence, a private
amended by the sanggunian within 6 months from the date attorney cannot represent a province or
of approval thereof, and may be amended, modified or municipality.
repealed within 3 years thereafter by a vote of of all its
members. In case of barangays, the period shall be 18 b. Suit is commenced by the local executive, upon
months after the approval thereof. (Sec. 125 R.A. 7160) authority of the Sanggunian, except when the City
Councilors, by themselves and as representatives
Q: What is the procedure in conducting Local of or on behalf of the City, bring the action to
Initiative? prevent unlawful disbursement of City funds.
(City Council of Cebu vs. Cuizon, 47 SCRA 325)
A:
1. Number of voters who should file petition with 3. Have and use a corporate seal
the Sanggunian concerned:
Note: any new corporate seals or changes on such
a. Province and cities at least 1000
shall be registered with DILG.
registered voters
b. Municipality at least 100 registered
4. Acquire and convey real or personal property
voters
5. Enter into contracts
c. Barangay at least 50 registered voters

LOCAL GOVERNMENTS
Note: Unless otherwise provided in this Code, no TO ACQUIRE AND SELL PROPERTY
contract may be entered into by the local chief
executive in behalf of the local government unit Q: What documents must support the contract of
without prior authorization by the sanggunian
sale entered into by the LGU?
concerned. A legible copy of such contract shall be
posted at a conspicuous place in the provincial capitol
or the city, municipal or barangay hall. A:
1. Resolution of the sanggunian authorizing the
6. To exercise such other powers as granted to local chief executive to enter into a contract of
corporations (Sec. 22, R.A. 7160) sale. The resolution shall specify the terms and
conditions to be embodied in the contract.
TO SUE AND BE SUED 2. Ordinance appropriating the amount specified in
the contract.
Q: Who is the proper officer to represent the city in 3. Certification of the local treasurer as to
court actions? availability of funds together with a statement
that such fund shall not be disbursed or spent for
A: The city legal officer is supposed to represent the any purpose other than to pay for the purchase
city in all civil actions and special proceedings of the property involved. (Jesus is Lord Christian
wherein the city or any of its officials is a party, but School Foundation, Inc. vs. Mun. of Pasig, G.R.
where the position is as yet vacant, the City No. 152230, Aug. 9, 2005)
Prosecutor remains the citys legal adviser and officer
for civil cases. (Asean Pacific Planners vs. City of Q: What properties may be alienated by LGUs?
Urdaneta, G.R. No. 162525, Sept. 23, 2008)
A: Only properties owned in its private or proprietary
Q: May LGU funds and properties be seized under capacity (Province of Zamboanga del Norte v. City of
writs of execution or garnishment to satisfy Zamboanga, G.R. No. L-24440, March 28, 1968).
judgments against them?
Article 424 of the Civil Code lays down the basic
A: No. The universal rule that where the State gives principle that properties of public dominion devoted
its consent to be sued by private parties either by to public use and made available to the public in
general or special law, it may limit claimants action general are outside the commerce of man and cannot
only up to the completion of proceedings anterior to be disposed of or leased by the local government unit
the stage of execution and that the power of the to private persons. (Macasiano vs. Diokno, G.R. No.
Courts ends when the judgment is rendered. Since 97764, Aug. 10, 1992)
government funds and properties may not be seized
under writs of execution or garnishment to satisfy Q: Give important rules regarding LGUs power to
such judgments is based on obvious considerations of acquire and convey real or personal property.
public policy. Disbursements of public funds must be
covered by the corresponding appropriations as A:
required by law. The functions and public services 1. In the absence of proof that the property was
rendered by the State cannot be allowed to be acquired through corporate or private funds, the
paralyzed or disrupted by the diversion of public presumption is that it came from the State upon
funds from their legitimate and specific objects. the creation of the municipality and, thus, is
(Traders Royal Bank v. IAC, G.R. No. 68514, Dec. 17, governmental or public property. (Salas vs.
1990) Jarencio, G.R. No. L-29788, August 30, 1972;
Rabuco vs. Villegas, G.R. No. L-24661, Feb. 28,
Note: The rule on the immunity of public funds from 1974)
seizure or garnishment does not apply where the funds 2. Town plazas are properties of public dominion;
sought to be levied under execution are already allocated they may be occupied temporarily, but only for
by law specifically for the satisfaction of the money the duration of an emergency (Espiritu vs.
judgment against the government. In such a case, the Municipal Council of Pozorrubio, Pangasinan,
monetary judgment may be legally enforced by judicial G.R. No. L-11014, Jan. 21, 1958).
processes. (City of Caloocan v. Allarde, G.R. No. 107271,
3. Public plazas are beyond the commerce of man,
Sept. 10, 2003)
and cannot be the subject of lease or other
contractual undertaking. And, even assuming
the existence of a valid lease of the public plaza
or part thereof, the municipal resolution

effectively terminated the agreement, for it is Q: Is public bidding required when LGUs enter into
settled that the police power cannot be contracts?
surrendered or bargained away through the
medium of a contract. (Villanueva vs. A: Yes. In the award of government contracts, the law
Castaneda,G.R. No. L-61311, Sept. 21, 1987) requires competitive public bidding. It is aimed to
4. Public streets or thoroughfares are property for protect the public interest by giving the public the
public use, outside the commerce of man, and best possible advantages thru open competition. It is
may not be the subject of lease or other a mechanism that enables the government agency to
contracts. (Dacanay vs. Asistio, 208 SCRA 404) avoid or preclude anomalies in the execution of
public contracts. (Garcia v. Burgos, G.R. No.
TO ENTER INTO CONTRACTS 124130, June 29, 1998)
Q: What are the requisites of a valid municipal Q: When is there a failure of bidding?
contract?
A: When any of the following occurs:
A: 1. There is only one offeror
1. The local government unit has the express, 2. When all the offers are non-complying or
implied or inherent power to enter into the unacceptable. (Bagatsing vs. Committee on
particular contract Privatization, G.R. No. 112399, July 14, 1995 )
2. The contract is entered into by the proper Q: Can a municipal contract be ratified?
department board, committee, officer or agent.
A: No. When the local chief executive enters into
Note: No contract may be entered into by the local contracts, he needs prior authorization or authority
chief executive on behalf of the local government from the sanggunian and not ratification. (Vergara vs.
without prior authorization by the sanggunian Ombudsman, G.R. No. 174567, March 12, 2009)
concerned, unless otherwise provided (Sec 22(c) R.A.
7160).
Q: What are ultra vires contracts?
3. The contract must comply with certain
A: These are contracts entered into without the first
substantive requirements:
and third requisites. Such are null and void and
a. Actual appropriation; and
cannot be ratified or validated. Ratification of
b. certificate of availability of funds
defective municipal contracts is possible only when
there is non-compliance with the second and/or
4. The contract must comply with the formal
fourth requirements above. Ratification may either
requirements of written contracts. (e.g., Statue
be expressed or implied.
of Frauds)
Note: This includes the power to acquire and convey

LIABILITY OF LGUS
properties by the LGU through written contracts.
Q: What is the scope of municipal liability?
Q: Who has the authority to negotiate and secure
grants? A: Municipal liabilities arise from various sources in
the conduct of municipal affairs, both governmental
A: The local chief executive may, upon authority of and proprietary.
the sanggunian, negotiate and secure financial grants
or donations in kind, in support of the basic services Q: What is the rule with respect to the liabilities of
and facilities enumerated under Sec. 17, R.A. 7160 (LGUs) and their officials?
from local and foreign assistance agencies without
necessity of securing clearance or approval of any A: LGUs and their officials are not exempt from
department, agency, or office of the national liability arising from death or injury to persons or
government or from any higher local government damage to property (Sec. 24, R.A. 7160).
unit; Provided that projects financed by such grants
or assistance with national security implications shall Q: What are the specific provisions making LGUs
be approved by the national agency concerned liable?
(Sec.23, R.A. 7160).
A:

LOCAL GOVERNMENTS
1. LGU shall be liable for damages for the death of, Q: What are the conditions under which a local
or injuries suffered by, any person by reason of executive may enter into a contract in behalf of his
the defective condition of roads, streets, bridges, government unit?
public buildings, and other public works under
their control or supervision. (Art. 2189, New Civil A: WAFAC
Code) 1. The contract must be Within the power of the
municipality
Note: LGU is liable even if the road does not belong to 2. The contract must be entered into by an
it as long as it exercises control or supervision over the Authorized officer (e.g. mayor with proper
said roads. resolution by the Sangguniang Bayan, Sec. 142
LGC)
2. The State is responsible in like manner when it 3. There must be appropriation and Certificate of
acts through a special agent; but not when the availability of funds
damage has been caused by the official to whom 4. The contract must conform with the Formal
the task done properly pertains. In which case, requisites of a written contract as prescribed by
Article 2176 shall be applicable. (Art. 2180 (6), law; and
NCC) 5. In some cases the contract must be Approved by
the President and/or provincial governor (Sec.
3. When a member of a city or municipal police 2068 and Sec. 2196, Revised Adm. Code)
force refuses or fails to render aid or protection
to any person in case of danger to life or Q: What is the doctrine of Implied Municipal
property, such peace officer shall be primarily Liability?
liable for damages and the city or municipality
shall be subsidiarily responsible therefor. (Art. A: A municipality may become obligated upon an
34, New Civil Code) implied contract to pay the reasonable value of the
benefits accepted or appropriated by it as to which it
Q: What are the bases for municipal liabilities? has the general power to contract. The doctrine of
implied municipal liability has been said to apply to all
A: cases where money or other property of a party is
1. Liability arising from violation of law received under such circumstances that the general
law, independent of express contract implies an
Note: Liability arising from violation of law such as
obligation upon the municipality to do justice with
closing municipal streets without indemnifying
respect to the same.(Province of Cebu v. IAC, G.R.
persons prejudiced thereby, non-payment of wages to
its employees due to lack of funds or other causes or 72841, Jan. 29, 1987)
its refusal to abide a temporary restraining order may
result in contempt charge and fine. Note: Estoppel cannot be applied against a municipal
corporation in order to validate a contract which the
municipal corporation has no power to make or which it is
2. Liability for contracts
authorized to make only under prescribed conditions,
within prescribed limitations, or in a prescribed mode or
Notes:
manner, although the corporation has accepted the
a. LGU is liable provided that the contract is intra
benefits thereof and the other party has fully performed his
vires. If it is ultra vires, they are not liable.
part of the agreement, or has expended large sums in
preparation for performance. (Favis vs. Municipality of
b. A private individual who deals with a municipal
Sabangan, G.R. L-26522, Feb. 27, 1969)
corporation is imputed CONSTRUCTIVE
knowledge of the extent of the power or
If a suit is filed against a local official which could result in
authority of the municipal corporation to enter
personal liability, the latter may engage the services of
into contracts.
private counsel.
3. Liability for tort
Q: State the rules on municipal liability for tort.
Note: They may be held liable for torts arising from the
performance of their private and proprietary functions A:
under the principle of respondeat superior. They are 1. LGU-engaged (governmental function) not
also liable for back salaries for employees illegally liable
dismissed/separated or for its refusal to reinstate 2. LGU-engaged (proprietary function) liable
employees. th
(Rodriguez, p.105, LGC 5 Edition)

SETTLEMENT OF BOUNDARY DISPUTES Q: State the importance of drawing with precise

strokes the territorial boundaries of a local
Q: State how the two local government units should government unit.
settle their boundary dispute.
A: The boundaries must be clear for they define the
A: Boundary disputes between local governments limits of the territorial jurisdiction of a local
units should, as much as possible, be settled government unit. It can legitimately exercise powers
amicably. After efforts to settle fail, the dispute may of government only within the limits of its territorial
be brought to the appropriate RTC in the said jurisdiction. Beyond these limits, its acts are ultra
province. Since the LGC is silent as to what body has vires. Needless to state, any uncertainty in the
exclusive jurisdiction over the settlement of boundary boundaries of local government units will sow costly
disputes between a municipality and an independent conflicts in the exercise of governmental powers
component city of the same province, the RTC has which ultimately will prejudice the peoples welfare.
general jurisdiction to adjudicate the said This is the evil sought to be avoided by the Local
controversy. Government Code in requiring that the land area of a
local government unit must be spelled out in metes
Q: What body or bodies are vested by law with the and bounds, with technical descriptions. (Mariano, Jr.
authority to settle disputes involving: v. COMELEC, G.R. No., 118577, Mar. 7, 1995)
1. Two or more barangays in the same city or
municipality SUCCESSION OF ELECTIVE OFFICIALS
2. Two or more municipalities within the same
Q: What are the two classes of vacancies in the
province
elective post?
3. Between municipalities or component cities of
different provinces A:
4. Between a component city or municipality and a PERMANENT VACANCY TEMPORARY VACANCY
highly urbanized city Arises when an elected Arises when an elected
5. Two or more highly urbanized cities. local official: official is temporarily
1. Fills a higher vacant incapacitated to perform
A: office his duties due to legal or
1. Boundary disputes involving two (2) or more 2. Refuses to assume physical reasons such as:
barangays in the same city or municipality shall office 1. Physical sickness,
be referred for settlement to the sangguniang 3. Fails to qualify 2. Leave of absence,
panlungsod or sangguniang bayan concerned. 4. Dies 3. Travel abroad or
(Sec. 118(a), R.A. 7160) 5. Removed from office 4. Suspension from
6. Voluntarily resigns office. (Sec. 46, LGC)
2. Boundary disputes involving two or more 7. Permanently
municipalities within the same province shall be incapacitated to
settled by the sangguniang panlalawigan discharge the
concerned. (Section 118(b), R.A. 7160) functions of his office
3. Boundary disputes involving municipalities or (Sec. 44, LGC)
component cities of different provinces shall be
jointly referred for settlement to the
sanggunians of the provinces concerned. (Sec. Q: What are the two ways of filling the vacancy?
118(c), R.A. 7160)
4. Boundary disputes involving a component city or A:
municipality on the one hand and a highly 1. Automatic succession
urbanized city on the other shall be jointly 2. By appointment(Sec. 45, LGC)
referred for settlement to the respective
sanggunians of the parties. (Section 118(d), R.A. Q: State the rules of succession in case of permanent
7160) vacancies.
5. Boundary disputes involving two or more highly
urbanized cities shall be jointly referred for A:
settlement to the respective sanggunians of the A. In case of permanent vacancy in:
parties. (Section 118(d), R.A. 7160) 1. Office of the governor: vice- governor
2. Office of the mayor: vice-mayor

LOCAL GOVERNMENTS
3. Office of the vice governor or vice-mayor: Q: State the rules in case of temporary vacancies in
highest ranking Sanggunian member or in local positions.
case of his permanent inability, the second
highest ranking Sanggunian member A:
successor should have come from the same 1. In case of temporary vacancy of the post of the
political party. local executive (leave of absence, travel abroad,
4. Office of the punong barangay: the highest suspension): vice- governor, vice mayor, highest
ranking sangguniang barangay member ranking sangguniang barangay shall
successor may or may not have come from automatically exercise the powers and perform
the same political party. the functions of the local Chief Executive
concerned.
Note: For purposes of succession, ranking in the
Sanggunian shall be determined on the basis of the GR: The acting governor or mayor cannot
proportion of the votes obtained by each winning exercise the power to appoint, suspend or
candidate to the total number of registered voters in each
dismiss employees
district in the preceding election.
The general rule is that the successor (by appointment) XPN: If the period of temporary
should come from the same political party as the Sangunian incapacity exceeds 30 working days.
member whose position has become vacant. The exception
would be in the case of vacancy in the Sangguniang 2. If travelling within the country, outside his
barangay. The reason for the rule is to maintain the party jurisdiction for a period not exceeding 3 days: he
representation as willed by the people in the election. may designate in writing the officer-in-charge.
The OIC cannot exercise the power to appoint,
B. In case automatic succession is not applicable suspend or dismiss employee.
and there is vacancy in the membership of the
sanggunian it shall be filled up by appointment in 3. If without said authorization, the vice-governor,
the following manner: vice-mayor or the highest ranking sangguniang
1. The President through the Executive barangay member shall assume the powers on
Secretary shall appoint the political nominee th
the 4 day of absence. (Sec. 46, LGC)
of the local executive for the sangguniang
panlalawigan and panlungsod of highly Q: How is temporary incapacity terminated?
urbanized cities and independent
component cities A:
2. The Governor, shall appoint the political 1. If the temporary incapacity was due to:
nominees for the sangguniang panlungsod of a. Leave of absence
component cities and the sangguniang b. Travel abroad
bayan concerned c. Suspension.
3. The city or municipal mayor shall appoint the
recommendee of the sangguniang barangay It shall terminate upon submission to the
concerned. appropriate sanggunian of a written declaration
by the local chief executive concerned that he
Note: The last vacancy in the Sanggunian refers to that has reported back to office
created by the elevation of the member formerly occupying
the next higher in rank which in turn also had become
2. If the temporary incapacity was due to legal
vacant by any of the causes already enumerated. The term
last vacancy is thus used in Section 45(b) to differentiate reasons, the local chief executive should also
it from the other vacancy previously created. The term by submit necessary documents showing that the
no means refers to the vacancy in the No.8 position which legal cause no longer exist. (Sec. 46[b], LGC)
th
occurred with the elevation of 8 placer to the seventh
position in the Sanggunian. Such construction will result in DISCIPLINE OF LOCAL OFFICIALS
absurdity. (Navarro v. CA, G.R. No. 141307, Mar. 28, 2001)
Q: What are the grounds for disciplinary actions?
In case of vacancy in the representation of the youth and
the barangay in the Sanggunian, it shall be filled
automatically by the official next in rank of the organization A: An elective local official may be disciplined,
concerned. suspended or removed from office on any of the
following grounds:

1. Disloyalty to the Republic of the Philippines 2. When the evidence of guilt is strong;
3. Given the gravity of the offense, there is great
Note: An administrative, not criminal, case for probability that the continuance in office of the
disloyalty to the Republic only requires substantial respondent could influence the witnesses or
evidence (Aguinaldo v. Santos, G.R. No. 94115, Aug. pose a threat to the safety and integrity of the
21, 1992)
records and other evidence. (Sec. 63[b], LGC)
2. Culpable violation of the Constitution Q: Who can impose preventive suspension?
3. Dishonesty, oppression, misconduct in office, A:
gross negligence, dereliction of duty
AUTHORITY TO
IMPOSE SUSPENSION RESPONDENT LOCAL OFFICIAL
Note: Acts of lasciviousness cannot be considered
misconduct in office, and may not be the basis of an
BELONGS TO THE
order of suspension. To constitute a ground for President Elective official of a province,
disciplinary action, the mayor charged with the offense highly urbanized or
must be convicted in the criminal action. independent component city
Governor Elective official of a
4. Commission of any offense involving moral component city or
turpitude or an offense punishable by at least municipality
prision mayor Mayor Elective official of a barangay.
(Sec 63[a], LGC)
5. Abuse of authority
Q: State the rule on preventive suspension.
6. GR: Unauthorized absence for 15 consecutive
working days A:
1. A single preventive suspension shall not extend
XPN: in the case of members of the beyond 60 days.
Sangguniang: 2. In the event that there are several administrative
a. Panlalawigan cases filed, the elective official cannot be
b. Panlunsod preventively suspended for more than 90 days
c. Bayan within a single year on the same ground or
d. Barangay grounds existing and known at the time of his
first suspension. (Sec. 63[b], LGC)
7. Application for or acquisition of foreign
citizenship or residence or the status of an Q: What is the difference between the preventive
immigrant of another country; suspension provided under R.A. 6770 and under
LGC?
8. Such other grounds as may be provided by the
Code and other laws. (Sec. 60, LGC) A:
PREVENTIVE PREVENTIVE
Note: An elective local official may be removed from office SUSPENSION UNDER RA SUSPENSION UNDER LGC
on any of the grounds enumerated above only by an order 6770
from the proper court. The Office of the President is
Requirements
without any power to remove elected officials. Since such
power is exclusively vested in the proper courts as 1. The evidence of guilt is 1. There is reasonable
expressly provided for in the last paragraph of Section 60, strong; and ground to believe that
LGC.(Salalima v. Guingona, G.R. No. 117589-92, May 22, 2. That any of the the respondent has
1996) following committed the act or
circumstances are acts complained of;
JURISDICTION present: 2. The evidence of
a. The charge against culpability is strong;
PREVENTIVE SUSPENSION the officer of 3. The gravity of the
employee should offense so warrants;
Q: When should preventive suspension be imposed? involve 4. The continuance in
dishonesty, office of the
A: oppression or respondent could
1. After the issues are joined; grave misconduct influence the

LOCAL GOVERNMENTS
or neglect in the witnesses or pose a Ombudsman vs. Samaniego,G.R. No. 175573, Oct. 5,
performance of threat to the safety 2010)
duty; and integrity of the
b. The charges records and other REMOVAL
should warrant evidence.
removal from Q: What is removal?
office; or
c. The respondents A: Removal imports the forcible separation of the
continued stay in incumbent before the expiration of his term and can
office would be done only for cause as provided by law. (Dario v.
prejudice the case Mison, G.R. No. 81954, Aug. 8, 1989)
filed against him.
Note: The unjust removal or non-compliance with the
Maximum period prescribed procedure constitutes reversible error and this
entitles the officer or employee to reinstatement with back
6 months 60days. salaries and without loss of seniority rights.
(Hagad v. Gozo-Dadole, G.R. No. 108072 Dec. 12,
1995) Q: Does the Sangguniang Panlungsod and
Sangguniang Bayan have the power to remove
Q: Does the LGC withdraw the power of the elective officials?
Ombudsman under R.A. 6770 to conduct
administrative investigation? A: No. The pertinent legal provisions and cases
decided by this Court firmly establish that the
A: No. The Ombudsman and the Office of the Sanggunaing Bayan is not empowered to do so.
President have concurrent jurisdiction to conduct Section 60 of the Local Government Code conferred
administrative investigations over elective officials. upon the courts the power to remove elective local
(Hagad v. Gozo-Dadole, G.R. No. 108072, Dec.12, officials from office. (The Sangguniang Barangay of
1995) Don Mariano Marcos vs. Martinez, G.R. No. 170626,
March 3, 2008)
Q: Who may sign an order preventively suspending
officials? Q: When is resignation of a public elective official
effective?
A: The Ombudsman, as well as his Deputy, may sign
an order preventively suspending officials. Also, the A: Resignation of elective officials shall be deemed
length of the period of suspension within the limits effective only upon acceptance by the following
provided by law and the evaluation of the strength of authorities:
the evidence both lie in the discretion of the 1. The President, in case of governors, vice-
Ombudsman. It is immaterial that no evidence has governors, and mayors and vice-mayors of highly
been adduced to prove that the official may influence urbanized cities and independent and
possible witnesses or may tamper with the public component cities
records. It is sufficient that there exists such a 2. The Governor, in the case of municipal mayors
possibility. (Castillo-Co v. Barbers, G.R. No. 129952 and vice-mayors, city mayors and vice-mayors of
June 16, 1998) component cities
3. The Sanggunian concerned, in case of
Q. What is the effect of an appeal on the preventive sangguninan members
suspension ordered by the Ombudsman? 4. The City or Municipal Mayor, in case of barangay
officials. (Sec. 82, LGC)
A: An appeal shall not stop the decision from being
executory. In case the penalty is suspension or Note: The resignation shall be deemed accepted if not
removal and the respondent wins such appeal, he acted upon by the authority concerned within 15 working
shall be considered as having been under preventive days from receipt thereof. Irrevocable resignations by
suspension and shall be paid the salary and such sanggunian members shall be deemed accepted upon
other emoluments that he did not receive by reason representation before an open session of the sanggunian
of the suspension or removal. A decision of the Office concerned and duly entered in its records, except where
the sanggunian members are subject to recall elections or
of the Ombudsman in administrative cases shall be
to cases where existing laws prescribe the manner of acting
executed as a matter of course.(Office of the upon such resignations.

ADMINISTRATIVE APPEAL Local Government is based on the alter-ego

principle. (Joson vs. Torres, 290 SCRA 279)
Q: State the rules on administrative appeals.
2. Sangguniang Panlalawigan elective officials of
A: Decisions in administrative cases may, within 30 municipalities; and
days from receipt thereof, be appealed to the
following: Note: Decision may be appealed to the Office of the
President
1. The Sangguniang panlalawigan, in case of
decisions of the sangguniang panlungsod of
component cities and the sangguniang bayan; 3. Sangguniang Panglunsod or Bayan elective
and barangay officials. (Sec. 61, LGC)
2. The Office of the President, in the case of
Note: Decision shall be final and executor
decisions of the sangguniang panlalawigan and
the sangguniang panlungsod of highly urbanized
DOCTRINE OF CONDONATION
cities and independent component cities. (Sec.
67, LGC)
Q: When is subsequent re-election considered a
condonation?
Note: Decisions of the President shall be final and
executory.
A:The rule that public official cannot be removed for
Q: Who may file an administrative action? administrative misconduct committed during a prior
term, since his re-election to office operates as a
A: condonation of the officers previous misconduct to
1. Any private individual or any government officer the extent of cutting off the right to remove him
or employee by filing a verified complaint; therefore, has no application to pending criminal
2. Office of the President or any government cases against petitioner for the acts he may have
agency duly authorized by law to ensure that committed during a failed coup. (Aguinaldo v. Santos,
LGUs act within their prescribed powers and G.R. No. 94115, Aug. 21, 1992)
functions. (ADMINISTRATIVE ORDER NO. 23, Rule
3 Sec. 1, Dec. 17, 1992) APPOINTIVE OFFICIALS
Q: Where should an administrative complaint be Q : Who may preventively suspend appointive local
filed? officials and employees ?
A: A verified complaint shall be filed with the A: The local chief executives may preventively
following: suspend, for a period not exceeding sixty (60) days,
any subordinate official or employee under his
1. Office of the President against elective official authority pending investigation if the charge against
of provinces, highly urbanized cities, such official or employee involves dishonesty,
independent component cities, and component oppression or grave misconduct or neglect in the
cities. performance of duty, or if there is reason to believe
that the respondent is guilty of the charges which
Note: It may be noted that the Constitution places would warrant his removal from the service. (Sec. 85,
local governments under the supervision of the LGC)
Executive. Likewise, the Constitution allows Congress
to include in the LGC provisions for removal of local Q: What are the imposable penalties?
officials, which suggests that Congress may exercise
removal powers. So, the LGC has done and delegated A: Except as otherwise provided by law, the local
its exercise to the President. Note also that legally,
chief executive may impose the penalty of:
supervision is not incompatible with disciplinary
1. Removal from service
action. (Ganzon vs. Court of Appeals, 200 SCRA 271)
2. Demotion in rank
Under Administrative Order No. 23, the President has 3. Suspension for not more than one (1) year
delegated the power to investigate complaints to the without pay
Secretary of Interior and Local Government. This is 4. Fine in an amount not exceeding six (6) months'
valid delegation because what is delegated is only the salary
power to investigate, not the power to discipline. 5. Reprimand and otherwise discipline subordinate
Besides the power of the Secretary of Interior and officials and employees under his jurisdiction

LOCAL GOVERNMENTS
Note: If the penalty imposed is suspension without pay for (75,000) but not more than three hundred
not more than thirty (30) days, his decision shall be final. If thousand (300,000): Provided, however,
the penalty imposed is heavier than suspension of thirty That in no case shall the required number of
(30) days, the decision shall be appealable to the Civil
petitioners be less than fifteen thousand
Service Commission, which shall decide the appeal within
(15,000); and
thirty (30) days from receipt thereof. (Sec. 87, LGC)
d. At least ten percent (10%) in the case of local
RECALL government units with a voting population
of over three hundred thousand (300,000):
Q: What is recall? Provided, however, That in no case shall the
required petitioners be less than forty-five
A: It is a mode of removal of a public officer by the thousand (45,000). (Sec. 70 of R.A. 7160, as
people before the end of his term. The peoples amended by R.A. 9244)
prerogative to remove a public officer is an incident Note: By virtue of R.A. 9244, Secs. 70 and 71 of the Local
of their sovereign power, even in the absence of Government Code were amended, and the Preparatory
constitutional restraint; the power is implied in all Recall Assembly has been eliminated as a mode of
governmental operations. (Garcia v. COMELEC, G.R. instituting recall of elective local government officials.
No. 111511, Oct. 5, 1993)
All pending petitions for recall initiated through the
Note: All expenses incident to recall elections shall be Preparatory Recall Assembly shall be considered dismissed
borne by the COMELEC. For this purpose, there shall be upon the effectivity of RA 9244 (Approved Feb. 19, 2004).
included in the annual General Appropriations Act a
contingency fund at the disposal of the COMELEC for the Q: What are the limitations on recall?
conduct of recall elections. (Sec. 75, LGC)
A:
Q: What is the ground for recall? Is this subject to 1. Any elective local official may be subject of a
judicial inquiry? recall election only once during his term of office
for loss of confidence; and
A: The only ground for recall of local government 2. No recall shall take place within one year from
officials is loss of confidence. It is not subject to the date of the officials assumption to office or
judicial inquiry. The Court ruled that loss of one year immediately preceding a regular
confidence as a ground for recall is a political election. (Sec. 74, LGC)
question.(Evardone v. COMELEC, G.R. No. 94010, Dec.
2, 1991). Q: Section 74 of the Local Government Code
provides that no recall shall take place within one
Q: Against whom and how may a recall be initiated? year immediately preceding a regular local election.
What does the term regular local election, as used
A: A recall may be initiated against any elective in this section, mean?
provincial, city, municipal, or barangay official by a
petition of a registered voter in the LGU concerned A: It refers to one where the position of the official
and supported by the registered voters in the LGU sought to be recalled is to be actually contested and
concerned during the election in which the local filled by the electorate. (Paras v. Comelec, G.R. No.
official sought to be recalled was elected subject to 123169, Nov. 4, 1996)
the following percentage requirements:
a. At least twenty-five percent (25%) in the The one-year time bar will not apply where the local
case of local government units with a voting official sought to be recalled is a Mayor and the
population of not more than twenty approaching election is a barangay election.
thousand (20,000); (Angobung v. COMELEC, G.R. No. 126576, Mar. 5,
b. At least twenty percent (20%) in the case of 1997)
local government units with a voting
population of at least twenty thousand Q. State the initiation of the recall process.
(20,000) but not more than seventy-five
thousand (75,000): Provided, That in no case A:
shall the required petitioners be less than 1. Petition of a registered voter in the LGU
five thousand (5,000); concerned, supported by percentage of
c. At least fifteen percent (15%) in the case of registered voters during the election in which the
local government nits with a voting local official sought to be recalled was elected.
population of at least seventy-five thousand

(% decreases as population of people in area TERM LIMITS

increases. Also, the supporting voters must all
sign the petition). Q: What is the term of office of an elected local
2. Within 15 days after filing, COMELEC must certify official?
the sufficiency of the required number of
signatures. Failure to obtain required number A: Three (3) years starting from noon of June 30
automatically nullifies petition. following the election or such date as may be
provided by law, except that of elective barangay
3. Within 3 days of certification of sufficiency, officials, for maximum of 3 consecutive terms in the
COMELEC provides official with copy of petition same position (Section 43, LGC).
and causes its publication for three weeks (once
a week) in a national newspaper and a local The term of office of Barangay and Sangguniang
newspaper of general circulation. Petition must Kabataan elective officials, by virtue of R.A. No. 9164,
also be posted for 10 to 20 days at conspicuous is three (3) years.
places. Protest should be filed at this point and
ruled with finality within 15 days after filing. Note: For a three term rule to apply the local official must
4. COMELEC verifies and authenticates the have fully served the term and been elected through
regular election.
signature
5. COMELEC announces acceptance of candidates. Q: What is the term limit of Barangay officials?
6. COMELEC sets election within 30 days upon
completion of previous section in A: The term of office of barangay officials was fixed at
barangay/city/municipality proceedings and 45 three years under R.A. No. 9164 (19 March 2002).
days in the case of provincial officials.Officials Further, Sec.43 (b) provides that "no local elective
sought to be recalled are automatic candidates. official shall serve for more than three (3) consecutive
(Sec 70, R.A. 7160) terms in the same position. The Court interpreted this
section referring to all local elective officials without
Q: May an elective local official sought to be recalled exclusions or exceptions. (COMELEC v. Cruz, G.R. No.
resign? 186616, Nov. 20, 2009)
A: The elective local official sought to be recalled shall

not be allowed to resign while the recall process is in
progress. (Sec. 73, LGC)
Q. When does recall take effect?
A: Only upon the election and proclamation of a

successor in the person of the candidate receiving the
highest number of votes cast during the election on
recall. Should the official sought to be recalled
receive the highest number of votes, confidence in
him is thereby affirmed, and he shall continue in
office. (Sec. 72, LGC)
Q. Will it be proper for the COMELEC to act on a

petition for recall signed by just one person?
A: A petition for recall signed by just one person is in

violation of the statutory 25% minimum requirement
as to the number of signatures supporting any
petition for recall. (Angobung v. COMELEC, G.R. No.
126576, March 5, 1997)

NATIONAL ECONOMY AND PATRIMONY
NATIONAL ECONOMY AND PATRIMONY 2. The exploration, development, and utilization of

all natural resources shall be under the full
Q: What are the threefold goals of the national control and supervision of the State either by
economy? directly undertaking such exploration,
development, and utilization or through co-
A: production, joint venture, or production-sharing
1. More equitable distribution of wealth agreements with qualified persons or
2. Increased wealth for the benefit of the people corporations.
3. Increased productivity (Bernas, The 1987 3. All agreements with the qualified private sector
Philippine Constitution: A Comprehensive may be for only a period not exceeding 25 years,
Reviewer, 2011). renewable for another 25 years. (The 25 year
limit is not applicable to water rights for
Q: What are included in the term patrimony? irrigation, water supply, fisheries, or industrial
uses other than the development of water
A: It refers not only to natural resources but also to power, for which beneficial use may be the
cultural heritage. (Manila Prince Hotel vs. GSIS, G.R. measure and the limit of the grant.)
No. 122156, Feb. 3, 1997) 4. The use and enjoyment of marine wealth of the
archipelagic waters, territorial sea, and exclusive
REGALIAN DOCTRINE economic zone shall be reserved for Filipino
citizens. (It would seem therefore that
Q: What is the Regalian Doctrine (jura regalia)? corporations are excluded or at least must be
fully owned by Filipinos.)
A: It is the doctrine which reserves to the State the 5. Utilization of natural resources in rivers, lakes,
full ownership of all natural resources or natural bays, and lagoons may be allowed on a small
wealth that may be found in the bowels of the earth. scale Filipino citizens or cooperatives- with
(Albano, Political Law Reviewer) priority for subsistence fishermen and
fishworkers (The bias here is for the protection of
Note: All lands of the public domain, waters, minerals, coal, the little people).(Bernas, The 1987 Philippines
petroleum, and other mineral oils, all forces of potential Constitution: A Reviewer - Primer, 2006)
energy, fisheries, forests, or timber, wildlife, flora and
fauna, and natural resources belong to the State. With the Q: What is the concept of Native Title?
exception of agricultural lands, all other natural resources
shall not be alienated. (Sec. 2, Art. XII, 1987 Constitution) A: Native title refers to ICCs/IPs preconquest rights to
lands and domains held under a claim of private
Q: What is the exception to the Regalian Doctrine? ownership as far back as memory reaches. These
lands are deemed never to have been public lands
A: Any land in the possession of an occupant and of and are indisputably presumed to have been held
his predecessors-in-interest since time immemorial. that way since before the Spanish Conquest. The
(Oh Cho v. Director of Land, G.R. No. 48321, Aug. 31, rights of ICCs/IPs to their ancestral domains (which
1946) also include ancestral lands) by virtue of native title
shall be recognized and respected (Section 11, IPRA).
Q: What is the consequence of the Regalian
Doctrine? Q: Does the concept of native title negate the
Regalian doctrine?
A: Any person claiming ownership of a portion of a
land of the public domain must be able to show title A: No. The Regalian theory does not negate native
from the State according to any of the recognized title to lands held in private ownership since time
modes of acquisition of title. (Lee Hong Kok v. David, immemorial. When, as far back as testimony or
G.R. No. L-30389, Dec. 27, 1972) memory goes, the land has been held by individuals
under a claim of private ownership, it will be
Q: What are the limits imposed by Section 2 that presumed to have been held in the same way from
embodies the Jura Regalia of the State? before the Spanish conquest, and never to have been
public land. (Carino v. Insular Government, 41 Phil.
A: 935)
1. Only agricultural lands of the public domain may
be alienated. Q: What are ancestral domains?

A: Ancestral domains are all areas belonging to resources. In fact, Section 7(a) merely recognizes the
ICCs/IPs held under a claim of ownership, occupied or right to claim ownership over lands, bodies of water
possessed by ICCs/IPs by themselves or through their traditionally and actually occupied by indigenous
ancestors, communally or individually since time peoples, sacred places, traditional hunting and fishing
immemorial, continuously until the present, except grounds, and all improvements made by them at any
when interrupted by war, force majeure or time within the domains. Neither does Section 7(b),
displacement by force, deceit, stealth or as a which enumerates certain rights of the indigenous
consequence of government projects or any other peoples over the natural resources found within their
voluntary dealings with government and/or private ancestral domains, contain any recognition of
individuals or corporations. (Sec.3(a), R.A. No. 8371) ownership vis--vis the natural resources. (Separate
Opinion, Kapunan, J., in Cruz v. Secretary of
Q: What are ancestral lands? Environment and Natural Resources, G.R. No. 135385,
Dec. 6, 2000)
A: Ancestral lands are lands held by the ICCs/IPs
under the same conditions as ancestral domains Q: What does the IPRA protect?
except that these are limited to lands and that these
lands are not merely occupied and possessed but are A: What is evident is that the IPRA protects the
also utilized by the ICCs/IPs under claims of individual indigenous peoples rights and welfare in relation to
or traditional group ownership. (Sec.3 (b), R.A. No. the natural resources found within their ancestral
8371) domains, including the preservation of the ecological
balance therein and the need to ensure that the
Q: Does R.A. 8371, otherwise known as the indigenous peoples will not be unduly displaced when
Indigenous Peoples Rights Act, infringe upon the the State-approved activities involving the natural
States ownership over the natural resources within resources located therein are undertaken. (Ibid.)
the ancestral domains?
Q: May property granted to a state university
A: No.Section 3(a) of R.A. 8371 merely defines the (CMU), although within the ancestral domains, be
coverage of ancestral domains, and describes the distributed to indigenous peoples and cultural
extent, limit and composition of ancestral domains by communities?
setting forth the standards and guidelines in
determining whether a particular area is to be A: No. The lands by their character have become
considered as part of and within the ancestral inalienable from the moment President Garcia
domains. In other words, Section 3(a) serves only as dedicated them for CMUs use in scientific and
a yardstick which points out what properties are technological research in the field of agriculture. They
within the ancestral domains. It does not confer or have ceased to be alienable public lands. When
recognize any right of ownership over the natural Congress enacted the Indigenous Peoples Rights Act
resources to the indigenous peoples. Its purpose is (IPRA) or Republic Act 8371in 1997, it provided in
definitional and not declarative of a right or title. Section 56 that "property rights within the ancestral
domains already existing and/or vested" upon its
The specification of what areas belong to the effectivity "shall be recognized and respected." In this
ancestral domains is, to our mind, important to case, ownership over the subject lands had been
ensure that no unnecessary encroachment on private vested in CMU as early as 1958. Consequently,
properties outside the ancestral domains will result transferring the lands in 2003 to the indigenous
during the delineation process. The mere fact that peoples around the area is not in accord with the
Section 3(a) defines ancestral domains to include the IPRA. (CMU v. Exec. Sec., G.R.No.184869, Sept. 21,
natural resources found therein does not ipso 2010)
facto convert the character of such natural resources
as private property of the indigenous Q: What is the presumption in case of absence of
peoples. Similarly, Section 5 in relation to Section proof of private ownership?
3(a) cannot be construed as a source of ownership
rights of indigenous people over the natural A: The presumption is that the land belongs to the
resources simply because it recognizes ancestral State. Thus, where there is no showing that the land
domains as their private but community property. had been classified as alienable before the title was
issued, any possession thereof, no matter how
Further, Section 7 makes no mention of any right of lengthy, cannot ripen into ownership. (Republic v.
ownership of the indigenous peoples over the natural Sayo, G.R. No. L-60413, Oct. 31, 1990).

And all lands not otherwise appearing to be clearly In the Grant of rights, privileges and
within private ownership are presumed to belong to concessions covering the national economy
the State. (Seville v. Natl Devt. Co., G.R. no. 129401, and patrimony, State shall give preference to
Feb. 2, 2001) qualified Filipinos; and
Q: What is the Stewardship Doctrine? 5. Franchise, certificate or any other form of

authorization for the operation of a public utility;
A: Private property is supposed to be held by the only to Filipino citizens or entities with 60%
individual only as a trustee for the people in general, owned by Filipinos;
who are its real owners.
Note: Such franchise, etc., shall neither be exclusive,
NATIONALIST AND CITIZENSHIP REQUIREMENT nor for a period longer than 50 years and subject to
PROVISIONS amendment, alteration or repeal by Congress; All
executive and managing officers must be Filipino
citizens.
Q: What are the Filipinized activities as provided in
Article XII of the Constitution?
Q: Is the Retail Trade Liberalization Act of 2000
constitutional?
A:
1. Co-production, joint venture or production
A: Yes. The control and regulation of trade in the
sharing agreement for exploration, development
interest of the public welfare is of course an exercise
and utilization (EDU) of natural resources:
of the police power of the State. A persons right to
property, whether he is a Filipino citizen or foreign
GR: Filipino citizens or entities with 60%
national, cannot be taken from him without due
capitalization
process of law. To the extent that R.A. 8762, the
Retail Trade Liberalization Act, lessens the restraint
XPN: For large-scale EDU of minerals,
on the foreigners right to property or to engage in an
petroleum and other mineral oils, the
ordinarily lawful business, it cannot be said that the
President may enter into agreements
law amounts to a denial of the Filipinos right to
with foreign-owned corporations
property and to due process of law. Filipinos continue
involving technical or financial
to have the right to engage in the kinds of retail
agreements.
business to which the law in question has permitted
the entry of foreign investors. (Espina v. Zamora, G.R.
Note: These agreements refer to service contracts
which involve foreign management and operation No. 14385, Sept. 21, 2010)
provided that the Government shall retain that degree
of control sufficient to direct and regulate the affairs Q: May an alien acquire property by virtue of a
of individual enterprises and restrain undesired purchase made by him and his Filipino wife?
activities. (La Bugal-Blaan Tribal Assoc. v. DENR
Sec.,G.R. No. 127882, Dec. 1, 2004) A: No. The fundamental law prohibits the sale to
aliens of residential land. Section 14, Article XIV of the
2. Use and enjoyment of nations marine wealth 1973 Constitution ordains that, "Save in cases of
within the territory: Exclusively for Filipino hereditary succession, no private land shall be
citizens. transferred or conveyed except to individuals,
corporations, or associations qualified to acquire or
3. Alienable lands of the public domain: hold lands of the public domain." Thus, assuming that
a. Only Filipino citizens may acquire not more it was his intention that the lot in question be
than 12 hectares by purchase, homestead or purchased by him and his wife, he acquired no right
grant, or lease not more than 500 hectares. whatever over the property by virtue of that
b. Private corporations may lease not more purchase; and in attempting to acquire a right or
than 1000 hectares for 25 years renewable interest in land, vicariously and clandestinely, he
for another 25 years; knowingly violated the Constitution; the sale as to
him was null and void.
4. Certain areas of investment: reserved for Filipino
citizens or entities with 60% owned by Filipinos, Also, in any event, he had and has no capacity or
although Congress may provide for higher personality to question the subsequent sale of the
percentage; same property by his wife on the theory that in so
doing he is merely exercising the prerogative of a

husband in respect of conjugal property. To sustain the full control and supervision of the State.
such a theory would permit indirect contravention of (Miners Association of the Philippines v. Factoran,
the constitutional prohibition. If the property were to G.R. No. 98332, Jan. 16, 1995)
be declared conjugal, this would accord to the alien
husband a not insubstantial interest and right over Q: If the State enters into a service contract with
land, as he would then have a decisive vote as to its BULLET, a foreign owned corporation, is it valid?
transfer or disposition. This is a right that the
Constitution does not permit him to have. (Cheesman A: Yes, but subject to the strict limitations in the last
v. IAC, G.R. No. 74833, Jan. 21, 1991) two paragraphs of Section 2. Financial and technical
agreements are a form of service contract. Such
EXPLORATION, DEVELOPMENT AND UTILIZATION OF service contacts may be entered into only with
NATURAL RESOURCES respect to minerals, petroleum, and other mineral
oils. The grant of such service contracts is subject to
Q: What is the State policy regarding exploration, several safeguards, among them:
development and utilization of Natural Resources? 1. That the service contract be crafted in
accordance with a general law setting standard
A: The exploration, development, and utilization of of uniform terms, conditions and requirements;
natural resources shall be under the full control and 2. The President be the signatory for the
supervision of the State. The State may directly government; and
undertake such activities, or it may enter into co- 3. The President reports the executed agreement to
production, joint venture, or production-sharing Congress within thirty days. (La Bugal Blaan v.
agreements with Filipino citizens, or corporations or DENR, G.R. No. 127882, Dec. 1, 2004)
associations at least 60 per centum of whose capital is
owned by such citizens. (Sec. 2, Art XII, 1987 FRANCHISES, AUTHORITY AND CERTIFICATES FOR
Constitution) PUBLIC UTILITIES
Q: Section 2 speaks of co-production, joint venture, Q: What is a public utility?

or production sharing agreements as modes of
exploration, development, and utilization of A: A public utility is a business or service engaged in
inalienable lands; does this effectively exclude the regularly supplying the public with some commodity
lease system? or service of public consequence, such as electricity,
gas, water, transportation, telephone or telegraph
A: Yes, with respect to mineral and forest lands. service. To constitute a public utility, the facility must
be necessary for the maintenance of life and
Note: Agricultural lands may be the subject of lease. occupation of the residents. As the name indicates,
(Bernas, 2011) public utility implies public use and service to the
public. (J.G. Summit Holdings v. Court of Appeals, G.R.
Q: Who are qualified to take part in the exploration, No. 124293, Sept. 24, 2003)
development and utilization of natural resources?
Q: Who are qualified to acquire a Franchise,
A: Filipino citizens and corporations or associations at certificate or any other form of authorization for the
least sixty percent (60%) of whose capital is owned by operation of a public utility?
Filipino citizens.
A: Filipino citizens or corporations at least 60% of
Note: However, as to marine wealth only Filipino citizens whose capital is Filipino owned. (Sec. 11, Art. XII,
are qualified. This is also true of natural resources in rivers,
1987 Const.)
bays, lakes and lagoons, but with allowance for
cooperatives. (Bernas.2011)
Q: Does a public utility franchise have the
Q: If natural resources, except agricultural land, characteristic of exclusivity?
cannot be alienated, how may they be explored,
developed, or utilized? A: No. A franchise to operate a public utility is not an
exclusive private property of the franchisee. No
A: franchisee can demand or acquire exclusivity in the
1. Direct undertaking of activities by the State or operation of a public utility. Thus, a franchisee cannot
complain of seizure or taking of property because of
2. Co-production, joint venture, or production
the issuance of another franchise to a competitor.
sharing agreements with the State and all under

(Pilipino Telephone Corporation v. NRC, G.R. No. BP 881 granting free airtime to the COMELEC is an
138295, 2003) amendment of the franchise of radio and television
stations. (TELEBAP v. COMELEC, G.R. No. 132922,
Q: Is the power to grant licenses for or to authorize April 21, 1998)
the operation of public utilities solely vested in
congress? Q: May a foreigner who owns substantial
stockholdings in a corporation engaged in the
A: No, the law has granted certain administrative advertising industry sit as a treasurer of said
agencies such power (See E.O. nos. 172& 202). corporation?
Supreme Court said that Congress does not have the
exclusive power to issue such authorization. A: No, because a treasurer is an executive or a
Administrative bodies, e.g. LTFRB, ERB, etc., may be managing officer.Sec. 11 (2), Art. XVI provides that
empowered to do so., Franchises issued by Congress the participation of the foreign investors in the
are not required before each and every public utility governing bodies of entities shall be limited to their
may operate. (Albano v. Reyes, 175 SCRA 264) proportionate share in the capital thereof, and all the
managing and executive officers of such entities must
Q: May Congress validly delegate its authority to be citizens of the Philippines.
grant franchises or similar authorizations?
Q: What is the ownership requirement imposed by
A: Under the 1987 Constitution, Congress has an the Constitution upon business entities engaged in
explicit authority to grant a public utility franchise. advertising?
However, it may validly delegate its legislative
authority, under the power of subordinate A: 70% of their equity must be owned by Filipino
legislation, to issue franchises of certain public citizens. (Sec. 11 (2), Art. XVI, 1987 Constitution)
utilities to some administrative agencies.
Q: What is the ownership requirement imposed by
Administrative agencies may be empowered by the the Constitution upon Mass Media?
Legislature by means of a law to grant franchises or
similar authorizations. A: It must be wholly owned by Filipino citizens. (Sec.
11 (1), Art. XVI, 1987 Constitution)
Q: Is a franchise required before one can own the
facilities to operate a public utility? Q: What is the ownership requirement imposed by
the Constitution upon educational institutions.
A: A franchise is not required before one can own the
facilities needed to operate a public utility so long as A: 60% of their equity must be owned by Filipino
it does not operate them to serve the public. (Tatad citizens. (Sec. 4 [2], Art. XIV, 1987 Constitution)
v. Garcia, G.R. No. 114222, April 6, 1995)
Q: How should the term capital as used in Section
Q: Is a shipyard a public utility? 11, Article XII of the Constitution be construed in
determining compliance with the ownership
A: A shipyard is not a public utility. Its nature dictates requirement?
that it serves but a limited clientele whom it may
choose to serve at its discretion. It has no legal A: The term capital in Section 11, Article XII of the
obligation to render the services sought by each and Constitution refers only to shares of stock entitled to
every client. (J.G. Summit Holdings v. CA, G.R. No. vote in the election of directors, and, in the present
124293, Sept. 24, 2003) case, only to common shares and not to the total
outstanding capital stock comprising both common
Q: Can the government amend a radio or television and non-voting preferred shares (Gamboa v. Sec. of
franchise to grant free airtime to COMELEC? Finance, G.R.No. 176579, June 28, 2011).
A: Yes, all broadcasting, whether by radio or Q: What are the requisites for the State to
television stations, is licensed by the Government. temporarily take over a business affected with
Radio and television companies do not own the public interest?
airwaves and frequencies; they are merely given
temporary privilege of using them. A franchise is a A:
privilege subject to amendment, and the provision of 1. There is national emergency;
2. The public interest so requires;

3. During the emergency and under reasonable properties for more than 30 years must, however, be
terms prescribed by it; conclusively established. This quantum of proof is
4. The State may take over or direct the operation necessary to avoid erroneous validation of actually
of any privately owned public utility or business fictitious claims or possession over the property in
affected with public interest. (Sec. 17, Article XII, dispute. (San Miguel Corporation v. CA, GR No.
1987 Constitution) 57667, May 28, 1990)
ACQUISITION, OWNERSHIP AND TRANSFER OF Q: When does public land become private land?
PUBLIC AND PRIVATE LANDS
A: Alienable public land held by a possessor,
Q: What are the differences between Imperium and personally or through his predecessors-in-interest,
Dominium? openly, continuously and exclusively for the
prescribed statutory period (30 years under The
A: Public Land Act, as amended) is converted to private
IMPERIUM DOMINIUM property by the mere lapse or completion of said
Government authority The capacity of the State period, ipso jure. The land ipso jure ceases to be of
possessed by the State to own and acquire the public domain and becomes private property.
which is appropriately property. It refers to lands (Dir. of Lands v. IAC,G.R. No. 73002, Dec. 29, 1986)
embraced in sovereignty held by the government in
proprietary character. Note: What is categorically required by law is open,
continuous, exclusive, and notorious possession and
occupation under a bona fide claim of ownership since June
Q: How are lands of public domain classified?
12, 1945 or earlier, (Republic v. Enciso, G.R. No.
160145, Nov. 11, 2005 ) for 10 years, if the possession is in
A: good faith, and for 30 years if it is in bad faith.
1. Agricultural
2. Forest or timber Q: What are the rules on private lands?
3. Mineral lands
4. National parks A:
GR: No private land shall be transferred or conveyed
Q: What are private lands? except to individuals, corporations or associations
qualified to acquire or hold lands of the public land.
A: Private land means any land of private ownership.
This includes both lands owned by private individuals XPNs:
and lands which are patrimonial property of the State 1. Foreigners who inherit through intestate
or municipal corporations. (Bernas, 2011) succession;
2. Former natural-born citizen may be a
Q: When does land of the public domain become transferee of private lands subject to
private land? limitations provided by law;
3. Ownership in condominium units;
A: When it is acquired from the government either by 4. Parity right agreement, under the 1935
purchase or by grant. (Oh Cho v. Director of Lands, Constitution.
G.R. No. 48321, Aug. 31, 1946)
Q: Can a natural born citizen of the Philippines who
Q: What is the requirement for the reclassification has lost his Philippine citizenship be a transferee of
or conversion of lands of public domain? private lands?
A: There must be a positive act of government; mere A: Yes, subject to the limitations imposed by law.
issuance of title is not enough. (Sunbeam Thus, even if private respondents were already
Convenience Food v. CA, G.R. No. 50464, Jan. 29, Canadians when they applied for registration of the
1990) properties in question, there could be no legal
impediment for the registration thereof, considering
Q: Can public land be transformed into private land that it is undisputed that they were formerly natural-
thru prescription? born citizens. (Republic v. CA, G.R. No. 108998, Aug.
24, 1984)
A: Yes, if it is alienable land. Such open, continuous,
exclusive and notorious occupation of the disputed

Q: Can private corporations and associations acquire Q: Is a religious corporation allowed to lease private
public lands? land in the Philippines?
A: No. They are only allowed to lease public lands. A: Yes. Under Sec. 1 of P.D. 471, corporations and
(Sec. 3, Art. XII) associations owned by aliens are allowed to lease
private lands up to 25 years, renewable for a period
Q: Has the concept of native title to natural of 25 years upon the agreement of the lessor and the
resources, like native title to land, been recognized lessee. Hence, even if the religious corporation is
in the Philippines? owned by aliens, it may still lease private lands.
A: No. While native title to land or private ownership PRACTICE OF PROFESSION

by Filipinos of land by virtue of time immemorial
possession in the concept of an owner was Q: What is the State policy with regard to
acknowledged and recognized as far back during professionals and skilled workers?
the Spanish colonization of the Philippines, there was
no similar favorable treatment as regards natural A: The sustained development of a reservoir of
resources. The unique value of natural resources has national talents consisting of Filipino scientists,
been acknowledged by the State and is the entrepreneurs, professionals, managers, high-level
underlying reason for its consistent assertion of technical manpower and skilled workers and
ownership and control over said natural resources craftsmen in all fields shall be promoted by the State.
from the Spanish regime up to the present. (Noblejas, (Par. 1, Sec. 14, Art. XII, 1987 Constitution)
Philippine Law on Natural Resources, 1961 Revised
Ed., p. 6) Q: Who may practice their profession in the
Philippines?
Q: Is a religious corporation qualified to have lands
in the Philippines on which it may build its church A:
and make other improvements provided these are GR: The practice of all professions in the Philippines
actually, directly, exclusively used for religious shall be limited to Filipino citizens.
purposes?
XPN: In cases provided by law. (Par. 2, Sec.
A: No. The mere fact that a corporation is religious 14, Art. XII, 1987 Constitution)
does not entitle it to own public land. As held in
Register of Deeds v. Ung Siu Si Temple (G.R. No. L- Q: What does Section 14, Article XII of the
6776), land tenure is not indispensable to the free Constitution seek to achieve?
exercise and enjoyment of religious profession of
worship. The religious corporation can own private A: Section 14 reflects the desire not only to develop a
land only if it is at least 60% owned by Filipino ready reservoir of Filipino professionals, scientists
citizens. and skilled workers but also to protect their welfare.
(Ibid.)
Q: Is a corporation sole qualified to purchase or own
lands in the Philippines? Note: The Supreme Court while upholding the principle
that the license to practice medicine is a privilege or
A: Yes. Sec. 113, BP Blg. 68 states that any franchise granted by the government, declared that the
power to regulate the exercise of a profession or pursuit of
corporation sole may purchase and hold real estate
an occupation cannot be exercised by the State or its
and personal property for its church, charitable,
agents in an arbitrary, despotic or oppressive manner.
benevolent or educational purposes, and may receive (Board of Medicine vs. Yasuyuki Ota, GR No. 166097, July
bequests or gifts for such purposes. There is no doubt 14,2008)
that a corporation sole by the nature of its
Incorporation is vested with the right to purchase and ORGANIZATION AND REGULATION OF
hold real estate and personal property. It need not CORPORATIONS, PRIVATE AND PUBLIC
therefore be treated as an ordinary private
corporation because whether or not it is so treated as Q: May Congress provide for the organization and
such, the Constitutional provision involved will, regulation of private corporations?
nevertheless, be not applicable. (Rep. v. IAC., G.R. No.
75042, Nov. 29, 1988) A: The Congress shall not, except by general law,
provide for the formation, organization, or regulation

of private corporations. (Sec. 16, Art. XII, 1987 A: The State shall regulate or prohibit monopolies
Constitution) when the public interest so requires. No combination
in restraint of trade or unfair competition shall be
Q: What is the purpose of this provision? allowed. (Sec. 19, Art. XII, 1987 Constitution)
A: Its purpose is to insulate Congress against Note: The phrase unfair foreign competition and trade
pressures from special interests. To permit the law practices is not to be understood in a limited legal and
making body by special law to provide for the technical sense but in the sense of anything that is harmful
to Philippine enterprises. At the same time, however, the
organization or formation or regulation of private
intention is not to protect local inefficiency. Nor is the
corporations x x x would be in effect to offer to it the
intention to protect local industries from foreign
temptation in many cases to favor certain groups to competition at the expense of the consuming public.
the prejudice of others or to the prejudice of the (Bernas, The 1987 Philippines Constitution: A Reviewer -
interests of the country. (Bernas, The 1987 Primer, 2006)
Constitution of the Philippines: A Commentary)
Q: What is the rationale behind the provision?
Q: May Congress enact a law creating Government-
Owned and Controlled corporations? A: The provision is a statement of public policy on
monopolies and on combinations in restraint of
A: Government-owned and controlled corporations trade. Section 19 is anti-trust in history and spirit. It
may be created or established by special charters in espouses competition. Only competition which is fair
the interest of the common good and subject to the can release the creative forces of the market.
test of economic viability. (Sec. 14, Art. XII, 1987 Competition underlies the provision. The objective of
Constitution) anti-trust law is to assure a competitive economy
based upon the belief that through competition
Note: However, Congress may not create a corporation producers will strive to satisfy consumer wants at the
whose purpose is to compete with a private corporation. lowest price with the sacrifice of the fewest
resources. Competition among producers allows
Q: What does the phrase in the interest of the consumers to bid for goods and services, and, thus
public good and subject to the test of economic matches their desires with societys opportunity
viability mean? costs. Additionally, there is reliance upon the
operation of the market system (free enterprise) to
A: It means that government-owned and controlled decide what shall be produced, how resources shall
corporations must show capacity to function be allocated in the production process, and to whom
efficiently in business and that they should not go various products will be distributed. The market
into activities which the private sector can do better. system relies on the consumer to decide what and
Moreover, economic viability is more than financial how much shall be produced, and on competition,
viability but also included capability to make profit among producers who will manufacture it. (Energy
and generate benefits not quantifiable in financial Regulatory Board v. CA G.R. No. 113079, April 20,
terms. (Bernas, The 1987 Constitution of the 2001)
Philippines: A Commentary)
Q: Are monopolies prohibited by the Constitution?
MONOPOLIES, RESTRAINT OF TRADE AND UNFAIR
COMPETITION A: Monopolies are not per se prohibited by the
Constitution but may be permitted to exist to aid the
Q: What is a monopoly? government in carrying on an enterprise or to aid in
the interest of the public. However, because
A: A monopoly is a privilege or peculiar advantage monopolies are subject to abuses that can inflict
vested in one or more persons or companies, severe prejudice to the public, they are subjected to a
consisting in the exclusive right (or power) to carry on higher level of State regulation than an ordinary
a particular business or trade, manufacture a business undertaking. (Agan, Jr. v. PIATCO, G.R. No.
particular article, or control the sale of a particular 155001, May 5, 2003)
commodity. (Agan, Jr. v. PIATCO, G.R. No. 155001,
May 5, 2003) Q: Are contracts requiring exclusivity void?
Q: What is the State policy regarding monopolies? A: Contracts requiring exclusivity are not per se void.
Each contract must be viewed vis--vis all the

circumstances surrounding such agreement in

deciding whether a restrictive practice should be
prohibited as imposing an unreasonable restraint on
competition. (Avon v. Luna, G.R. No. 153674, Dec. 20,
2006)
Q: When is a monopoly considered in restraint of

trade and thus prohibited by the Constitution?
A: From the wordings of the Constitution, truly then,

what is brought about to lay the test on whether a
given an unlawful machination or combination in
restraint of trade is whether under the particular
circumstances of the case and the nature of the
particular contract involved, such contract is, or is
not, against public policy. (Avon v. Luna, G.R. No.
153674, Dec. 20, 2006)
Q: Does the government have the power to

intervene whenever necessary for the promotion of
the general welfare?
A: Yes, although the Constitution enshrines free

enterprise as a policy, it nevertheless reserves to the
Government the power to intervene whenever
necessary for the promotion of the general welfare,
as reflected in Sections 6 and 19 of Article XII. (Assoc.
of Phil. Coconut Desiccators v. Phil. Coconut Authority,
G.R. No. 110526, Feb. 10, 1998)
Q: Does the WTO agreement violate Article II

Section 19 of the Constitution?
A: No, the WTO agreement does not violate Article II

Section 19, nor Sections 19 and 12 of Article XII,
because these sections should be read and
understood in relation to Sections 1 and 13 of Article
XII, which require the pursuit of trade policy that
serves the general welfare and utilizes all forms and
arrangements of exchange on the basis of equality
and reciprocity. (Taada v. Angara, G.R. No. 118295,
May 2, 1997)

SOCIAL JUSTICE AND HUMAN RIGHTS Q: What aspects of human life are covered by
Art.XIII?
Q: What are the goals of social justice under the
Constitution? A:
1. Social justice
A: 2. Labor
1. Equitable diffusion of wealth and political power 3. Agrarian and natural resources reform
for common good; 4. Urban land reform and housing
2. Regulation of acquisition, ownership, use and 5. Health
disposition of property and its increments; and 6. Women
3. Creation of economic opportunities based on 7. Role and rights of peoples organization
freedom of initiative and self-reliance. (Sec. 1 and 8. Human rights
2, Art. XIII, 1987 Constitution)
Q: What factors must be weighed in regulating the
CONCEPT OF SOCIAL JUSTICE relations between workers and employers?
Q: What is social justice? A: Among the factors that must be considered are:
1. The right of labor to its just share in the fruits of
A: Social justice is neither communism, nor production
despotism, nor atomism, nor anarchy, but the 2. The right of enterprises to reasonable returns of
humanization of laws and the equalization of social investments, and to expansion and growth.
and economic force by the State so that justice in its
rational and objectively secular conception may at Note: It must be remembered, however, that the command
least be approximated. Social justice means the to promote social justice itself might make it necessary to
promotion of the welfare of all the people, the tilt the balance in favor of underprivileged workers.
(Bernas, 2011)
adoption by the Government of measures calculated
to insure economic stability of all competent
elements of society, through the maintenance of a Q: What are the provisions of the Constitution on
proper economic and social equilibrium in the women?
interrelations of the members of the community,
constitutionally, through the adoption of measures A:
legally justifiable, or extra-constitutionally, through 1. The State shall equally protect the life of the
the exercise of powers underlying the existence of all mother and the life of the unborn from
governments on the time-honored principle of salus conception. (Sec. 12, Art II, 1987 Constitution)
populi est suprema lex. (Calalang v. Williams, 70 Phil 2. The State recognizes the role of women in
726, [1940]) nation-building, and shall ensure the
fundamental equality before the law of women
Social justice simply means the equalization of and men. (Sec. 14, Art. II, 1987 Constitution)
economic, political, and social opportunities with 3. The State shall protect working women by
special emphasis on the duty of the state to tilt the providing safe and healthful working conditions,
balance of social forces by favoring the disadvantaged taking into account their maternal functions, and
in life. (Bernas, The 1987 Philippines Constitution: A such faculties and opportunities that will
Reviewer - Primer, 2006) enhance their welfare and enable them to realize
their full potential in the service of the nation.
Q: What are the two principal activities which the (Sec. 14, Art. XIII, 1987 Constitution)
State is commanded to attend to in order to achieve
the goals of social justice? Q: Is there a need for consultation before urban and
rural dwellers can be relocated?
A:
1. The creation of more economic opportunities A: Yes. The urban and rural dwellers and the
and more wealth; and communities where they are to be relocated must be
2. Closer regulation of the acquisition, ownership, consulted. Otherwise, there shall be no resettlement.
use, and disposition of property in order to (Sec. 15 [2], Art. XIII)
achieve a more equitable distribution of wealth
and power.(Bernas,2011) Q: What is meant by peoples organization?

SOCIAL JUSTICE AND HUMAN RIGHTS
A: Peoples Organizations are bona fide associations

of citizens with demonstrated capacity to promote
the public interest and with identifiable leadership,
membership and structure. (Sec. 15 [2], Art. XIII)
COMMISSION ON HUMAN RIGHTS
Q: Is the CHR a constitutional commission?
A: No. From the 1987 Constitution and the

Administrative Code, it is abundantly clear that the
CHR is not among the class of Constitutional
Commissions. (CHR Employees Assoc. v. CHR, G.R.
No. 155336, Nov. 25, 2004)
Q: Does the CHR possess fiscal autonomy?
A: No. The CHR, although admittedly a constitutional

creation is, nonetheless, not included in the genus of
offices accorded fiscal autonomy by either
constitutional or legislative fiat.(Ibid.)
Q: Does the CHR have the power to investigate?
A: Yes. The CHR has the power to investigate all

forms of human rights violations involving civil and
political rights and monitor the compliance by the
government with international treaty obligations on
human rights. (Sec. 18, Art. XIII, 1987 Constitution)
Q: Does the CHR have the prosecutorial power?
A: No. In essence, the Commissions power is only

investigative. It has no prosecutorial power. For
prosecution, it must rely on the executive
department (Bernas, 2011).
Q: Does the CHR have compulsive powers?
A: No. It may not issue writs of injunction or

restraining orders against supposed violators of
human rights to compel them to cease and desist
from continuing their acts complained of. (Bernas,
2011)
Note: Regarding its contempt powers, the CHR is

constitutionally authorized to "adopt its operational
guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court."
That power to cite for contempt, however, should be
understood to apply only to violations of its adopted
operational guidelines and rules of procedure essential to
carry out its investigatorial powers. (Simon, Jr. v. CHR,G.R.
No.100150, Jan. 5, 1994)

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, requirements, the exercise of this right may be
CULTURE, AND SPORTS regulated pursuant to the police power of the State
to safeguard health, morals, peace, education, order,
Q: What does the term educational institution safety and general welfare. Thus, persons who desire
mean? to engage in the learned professions requiring
scientific or technical knowledge may be required to
A: Under the Education Act of 1982, such term refers take an examination as a prerequisite to engaging in
to schools. The school system is synonymous with their chosen careers. This regulation assumes
formal education, which "refers to the hierarchically particular pertinence in the field of medicine, in order
structured and chronologically graded learnings to protect the public from the potentially deadly
organized and provided by the formal school system effects of incompetence and ignorance. (PRC v. De
and for which certification is required in order for the Guzman, GR No. 144681, June 21, 2004)
learner to progress through the grades or move to
the higher levels." (CIR v. CA, G.R. No. 124043, Oct. Q: What are the principal characteristics of
14, 1998) education which the State must promote and
protect?
Note: It is settled that the term "educational institution,"
when used in laws granting tax exemptions, refers to a ". . . A:
school seminary, college or educational establishment . . . 1. Quality education
." (Ibid.) 2. Affordable education (Sec. 1, Art. XIV)
3. Education that is relevant to the needs of the
Q: What are the principal characteristics of people. (Sec. 2 [1], Art. XIV)
education which the State must promote and
protect? Q: What aspects of education are Filipinized?
A: A:
1. Quality education 1. Ownership:
2. Affordable education (Sec. 1, Art. XIV) a. Filipino Citizens or
3. Education that is relevant to the needs of the b. Corporations or associations where at
people. (Sec. 2 [1], Art. XIV) least 60% of the capital is owned by
Filipino citizens except those established
Q: What is Parens Patriae with regard to education? by religious groups and mission boards;
2. Control and administration; and
A: The State has the authority and duty to step in 3. Student population (Sec. 4 [2], Art. XIV)
where parents fail to or are unable to cope with their
duties to their children. Note: The Congress may increase Filipino equity
participation in all educational institutions.
Q: What is the basis for the requirement that a
school or educational institution must first obtain Q: What language shall be used as official medium
government authorization before operating? of communication and instruction?
A: Such requirement is based on the State policy that A: The official languages are Filipino and, until
educational programs and/or operations shall be of otherwise provided by law, English. The regional
good quality and, therefore, shall at least satisfy languages are the auxiliary official languages in the
minimum standards with respect to curricula, regions and shall serve as auxiliary media of
teaching staff, physical plant and facilities and instruction therein. Spanish and Arabic shall be
administrative and management viability. (Philippine promoted on a voluntary and optional basis. (Sec. 7,
Merchant Marine School Inc. v. CA, G.R. No. 112844, Art. XIV, 1987 Constitution)
June 2, 1995)
ACADEMIC FREEDOM
Q: Can the State regulate the right of a citizen to
select a profession or course of study? Q: Whose academic freedom is protected by the
Constitution?
A: Yes.While it is true that the Court has upheld the
constitutional right of every citizen to select a A:
profession or course of study subject to fair, 1. Institution itself
reasonable and equitable admission and academic 2. Faculty

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS
3. Students The DLSU-CSB Joint Discipline Board found Aguilar et

al. guilty and were meted the penalty of automatic
Q: What are the aspects of Academic Freedom? expulsion. On a petition for certiorari filed with the
RTC, it ordered DLSU to allow them to enroll and
A: There are3 views: complete their degree courses until their
graduation. The Commission on Higher Education
1. From the standpoint of the educational (CHED) disapproved DLSUs request for the approval
institution - To provide that atmosphere which is of the penalty of automatic expulsion imposed on
most conducive to speculation, experimentation Aguilar et al. and ruled that they be reinstated.
and creation; Lowering the penalty from expulsion to exclusion.
2. From the standpoint of the faculty Was DLSU within its rights in expelling the students?
a. Freedom in research and in the
publication of the results, subject to the A: No. The penalty of expulsion imposed by DLSU on
adequate performance of his other private respondents is disproportionate to their
academic duties deeds. It is true that schools have the power to instill
b. Freedom in the classroom in discussing discipline in their students as subsumed in their
his subject less controversial matters academic freedom and that the establishment of
which bear no relation to the subject rules governing university-student relations
c. Freedom from institutional censorship particularly those pertaining to student discipline,
or discipline, limited by his special may be regarded as vital, not merely to the smooth
position in the community and efficient operation of the institution but to its
very survival. This power does not give them the
3. From the standpoint of the student right to untrammelled discretion to impose a penalty which is
enjoy in school the guarantee of the Bill of not commensurate with the gravity of the misdeed. If
Rights. (Non v. Dames, G.R. No. 89317, May 20, the concept of proportionality between the offense
1990) committed and the sanction imposed is not followed,
an element of arbitrariness intrudes. (DLSU, Inc.v.
Q: What are the limitations to academic freedom? CA,G.R. No. 127980, Dec. 19, 2007)
A: Q: May lawyers who are also law professors invoke

1. Dominant police power of the State academic freedom as a defense in an administrative
2. Social Interest of the community proceeding for intemperate statements tending to
pressure the Court or influence the outcome of a
Q: What are the freedoms afforded to educational case or degrade the courts?
institutions relating to its right to determine for
itself on academic grounds? A: No. Applying by analogy the Courts past treatment
of the "free speech" defense in other bar discipline
A: cases, academic freedom cannot be successfully
1. Who may teach invoked by respondents in this case. The implicit
2. What may be taught ruling in the jurisprudence discussed above is that the
3. How shall it be taught constitutional right to freedom of expression of
4. Who may be admitted to study (Miriam members of the Bar may be circumscribed by their
College Foundation v. CA, G.R. No. 127930, ethical duties as lawyers to give due respect to the
Dec. 15, 2000) courts and to uphold the publics faith in the legal
profession and the justice system. To our mind, the
Q: Juan delos Santos,et al., students of De La Salle reason that freedom of expression may be so
University (DLSU) and College of Saint Benilde are delimited in the case of lawyers applies with greater
members of the Domingo Lux Fraternity. They force to the academic freedom of law professors.
lodged a complaint with the Discipline Board of
DLSU charging Alvin Aguilar,et al. of Tau Gamma Phi It would do well for the Court to remind respondents
Fraternity with direct assault because of their that, in view of the broad definition in Cayetano v.
involvement in an offensive action causing injuries Monsod, lawyers when they teach law are considered
to the complainants which were result of a engaged in the practice of law. Unlike professors in
fraternity war. other disciplines and more than lawyers who do not
teach law, respondents are bound by their oath to

uphold the ethical standards of the legal profession.

Thus, their actions as law professors must be
measured against the same canons of professional
responsibility applicable to acts of members of the
Bar as the fact of their being law professors is
inextricably entwined with the fact that they are
lawyers. (RE: Letter of the UP Law Faculty, A.M. No.
10-10-4-SC, March 8, 2011)
Q: Did the Show Cause Resolution interfere with

respondents academic freedom?
A: It is not contested that respondents herein are, by

law and jurisprudence, guaranteed academic
freedom and undisputedly, they are free to
determine what they will teach their students and
how they will teach. We must point out that there is
nothing in the Show Cause Resolution that dictates
upon respondents the subject matter they can teach
and the manner of their instruction. Moreover, it is
not inconsistent with the principle of academic
freedom for this Court to subject lawyers who teach
law to disciplinary action for contumacious conduct
and speech, coupled with undue intervention in favor
of a party in a pending case, without observing
proper procedure, even if purportedly done in their
capacity as teachers. (Ibid.)

PUBLIC INTERNATIONAL LAW
PUBLIC INTERNATIONAL LAW Q: What are the elements of Jus Cogens?
CONCEPTS A:
1. A norm accepted and recognized by international
Q: What is Public International Law (PIL)? community of states as a whole
2. No derogation is permitted
A: It is a body of legal principles, norms and processes 3. Which can only be modified by a subsequent
which regulates the relations of States and other norm having the same character
international persons and governs their conduct
Note: If a treaty at the time of its conclusion, conflicts with
affecting the interest of the international community
jus cogens, it is void.
as a whole.
Q: What norms are considered as jus cogens in
Q: What is Private International Law (PRIL)?
character?
A: It is that part of the law of each State which
A:
determines whether, in dealing with a factual
1. Laws on genocide
situation, an event or transaction between private
2. Principle of self-determination
individuals or entities involving a foreign element, the
3. Principle of racial non-discrimination
law of some other State will be recognized.
4. Crimes against humanity
5. Prohibition against slavery and slave trade, and
Q: What is erga omnes?
piracy
A: It is an obligation of every State towards the
Q: May a treaty or conventional rule qualifies as a
international community as a whole. All states have a
norm of jus cogens character?
legal interest in its compliance, and thus all States are
entitled to invoke responsibility for breach of such an
A: No. Treaty rule binds only States that are parties to
obligation. (Case Concerning The Barcelona Traction,
it and even in the event that all States are parties to a
ICJ 1970)
treaty, they are entitled to terminate or withdraw
from the treaty.
Note: Such obligations derive, for example, in contemporary
international law, from the outlawing of acts of aggression,
and of genocide, as also from the principles and rules Note: A jus cogens norm is characterized as a norm of
concerning the basic rights of the human person, including general international law which by its nature is binding on
protection from slavery and racial discrimination. Some of every state.
the corresponding rights of protection have entered into
the body of general international law others are conferred Q: May we force the government to pursue the
by international instruments of universal or quasi universal claims of comfort women under the doctrine of jus
character. (Romulo v. Vinuya GR. 162230, April 29, 2010) cogens?
Q: Give examples of obligations erga omnes. A: Even if this court sidesteps the question of whether
jus cogens norms existed in 1951, Vinuya et al have
A: not deigned to show that the crimes committed by
1. Outlawing of acts of aggression the Japanese army violated jus cogens prohibitions at
2. Outlawing of genocide the time the Treaty of Peace was signed, or that the
3. Basic human rights, including protection from duty to prosecute perpetrators of international crimes
slavery and racial discrimination is an erga omnes obligation or has attained the status
of jus cogens. (Vinuya v. Romulo G.R. No. 190529 April
Q: What is jus cogens norm? 29, 2010)
A: It literally means compelling law. A jus cogens Q: What is the concept ex aequo et bono?
norm is a norm accepted and recognized by the
international community of States as a whole as a A: It is a judgment based on considerations of
norm from which no derogation is permitted and fairness, not on considerations of existing law, that
which can be modified only by a subsequent norm of is, to simply decide the case based upon a balancing
general international law having the same character. of the equities. (Brownlie, 2003)
(Art. 53, Vienna Convention on the Law of Treaties)

Q: Does Article 38 of the Statute of the state transactions administrative and

International Court of Justice which provides the judicial processes
sources of International Law prejudice the power of Collective responsibility Breach of which entails
the Court to decide a case ex aequo et bono? because it attaches individual responsibility
directly to the state and
A: No, if the parties agree thereon. The power to not to its nationals
decide ex aequo et bono involves elements of
compromise and conciliation whereas equity is Q: Are municipal laws subject to judicial notice
applied as a part of normal judicial function. before international tribunals?
(Brownlie, 2003)
A: No. Municipal laws are only evidence of conduct
INTERNATIONAL AND NATIONAL LAW attributable to the State concerned, which create
international responsibility, like legislative measures
Q: What are the grand divisions of PIL? or court decisions. They are not subject to judicial
notice and are only treated as mere facts which are
A: required to be proven.
1. Laws of Peace govern normal relations
between States in the absence of war. Q: What is the Doctrine of Incorporation?
2. Laws of War govern relations between hostile
or belligerent states during wartime. A: Under this doctrine, rules of international law form
3. Laws of Neutrality govern relations between a part of the law of the land and no further legislative
non-participant State and a participant State action is needed to make such rules applicable in the
during wartime or among non-participating domestic sphere. The doctrine decrees that rules of
States. international law are given equal standing with, but
are not superior to, national legislative enactments.
Q: What is the theory of Monism?
Q: What is the Doctrine of Transformation?
A: Both international law and domestic law are part
of a single legal order; international law is A: This doctrine holds that the generally accepted
automatically incorporated into each nations legal rules of international law are not per se binding upon
system and that international law is supreme over the state but must first be embodied in legislation
domestic law. enacted by the lawmaking body and so transformed
into municipal law.
Q: What is the theory of Dualism?
Q. What are the types of Transformation Theories?
A: The theory affirms that the international law and
municipal law are distinct and separate; each is A.
supreme in its own sphere and level of operation. 1. Hard Transformation Theory only legislation
can transform International Law into domestic
Q: What are the well-established differences law. Courts may apply International Law only
between international law and municipal law under when authorized by legislation.
the theory of Dualism?
2. Soft Transformation Theory Either a judicial or
A: legislative act of a state can transform
INTERNATIONAL LAW MUNICIPAL LAW International Law into domestic law.
Adopted by states as a Issued by a political
common rule of action superior for observance Q: What does pacta sunt servanda mean?
Regulates relation of Regulates relations of
state and other individuals among A: Pacta sunt servanda means that international
international persons themselves or with their agreements must be performed in good faith. A
own states treaty engagement is not a mere moral obligation but
Derived principally from Consists mainly of creates a legally binding obligation on the parties.
treaties, international enactments from the
customs and general lawmaking authority of Q: What is the principle of Auto-Limitation?
principles of law each state
Resolved thru state-to- Redressed thru local A: Under the principle of auto-limitation, any State

may by its consent, express or implied, submit to a Note: The material sources supplies the substance of the
restriction of its sovereign rights. There may thus be rule to which the formal sources gives the force and nature
a curtailment of what otherwise is a plenary power. of law. Thus, custom as a norm creating process is a formal
source of law.
(Reagan v. CIR, G.R. No.L-26379, Dec. 27, 1969)
Q: Correlate Reciprocity and the Principle of Auto- Q: Under international law, what are hard law and
Limitation? soft law?
A: When the Philippines enter into treaties, A: Hard law means binding laws. To constitute law, a
necessarily, these international agreements may rule, instrument or decision must be authoritative
contain limitations on Philippine sovereignty. The and prescriptive. In International law, hard law
consideration in this partial surrender of sovereignty includes treaties or international agreements, as well
is the reciprocal commitment of other contracting as customary laws. These instruments result in legally
States in granting the same privilege and immunities enforceable commitments for countries (states) and
to the Philippines. other international subjects.
Note: For example, this kind of reciprocity in relation to Soft law means commitments made by negotiating
the principle of auto-limitation characterizes the Philippine parties that are not legally binding. By implication,
commitments under WTO-GATT. This is based on the those set of international customary rules, laws and
Constitutional provision that the Philippines "adopts the customs which do not carry any binding effect
generally accepted principles of international law as part whatsoever or impose no obligation at all to states for
of the law of the land and adheres to the policy of its compliance.
cooperation and amity with all nations." (Tanada v.
Angara, G.R.No.118295, May 2, 1997)
Q: What are the types of treaties or international
conventions?
SOURCES OF PUBLIC INTERNATIONAL LAW
A:
Q: What are the sources of Public International Law? 1. Contract treaties (Traite contract)
2. Law making treaty (Traite loi)
A:
Primary Sources: Q: What are contract treaties?
1. International conventions, whether general
or particular, establishing rules expressly A: Bilateral arrangements concerning matters of
recognized by the contesting state particular or special interest to the contracting
2. International custom, as evidence of a parties. They are sources of particular international
general practice accepted as law; and law but may become primary sources of public
3. The general principles of law recognized by international law when different contract treaties are
civilized nations; (Article 38(1), Statute of the of the same nature, containing practically uniform
International Court of Justice) provisions, and are concluded by a substantial
number of States.
Note: Sources of law refer to norms derived from
international conventions on treaties, customs, and
general principles of law. The distinctive character of
Q: What are law-making treaties?
these norms is that they are created or they acquire
binding effect through the methods pointed above. A: Treaties which are concluded by a large number of
States for purposes of:
Secondary Sources: 1. Declaring, confirming, or defining their
1. Decisions of international tribunals; and understanding of what the law is on a
2. Teachings of the most highly qualified particular subject;
publicists of various nations. 2. Stipulating or laying down new general rules
for future international conduct; and
Q: What is the difference between formal sources 3. Creating new international institutions.
from material sources of international law?
Q: Who are bound by treaties and international
A: Formal sources refer to the various processes by conventions?
which rules come into existence while material
sources refer to the substance and the content of the A:
obligation. GR: Only the parties.

XPN: Treaties may be considered a direct territories, international administrative bodies,

source of international law when concluded belligerent communities and even individuals.
by a sizable number of States, and is
reflective of the will of the family of nations. Q: What is a subject of international law?
Q: What are the elements of international custom? A: A subject of international law is an entity with
capacity of possessing international rights and duties
A: and of bringing international claims.
1. General practice, characterized by uniformity and
consistency; Q: What are the subjects of International Law?
2. Opinio juris, or recognition of that practice as a
legal norm and therefore obligatory; and A: The subjects are:
3. Duration 1. Direct subjects
a. States
Q: Is a particular length of time required for the b. Colonies and dependencies
formation of customary norms? c. mandates and trust territories; belligerent
communities;
A: No particular length of time is required. What is d. The Vatican;
required is that within the period in question, short e. The United Nations; international
though it may be, State practice, including that of administrative bodies; and
States whose interest are specially affected, should f. To a certain extent, individuals.
have extensive and virtually uniform and in such a
way as to show a general recognition that a rule of 2. Indirect subjects
law or legal obligation is involved. a. international organizations;
b. Individuals; and
Q: What are the requisites in order to consider a c. Corporations.
person to be a highly qualified publicist?
3. Incomplete subjects
A: a. Protectorates
1. His writings must be fair and impartial b. Federal states
representation of law; c. Mandated and trust territories.
2. An acknowledged authority in the field.
Q: What are objects of international law?
Q: Are dissenting States bound by international
customs? A: A person or thing in respect of which rights are
held and obligations assumed by the subject.
A:
GR: Yes Q: Distinguish subject from object of international
law
XPN: If they had consistently objected to it
while the project was merely in the process A:
of formation. Dissent, however protects SUBJECT OBJECT
only the dissenter and does not apply to Entity that has rights and Person or thing in
other States. A State joining the responsibilities under respect of which rights
international law system for the first time that law are held and obligations
after a practice has become customary law assumed by the subject
is bound by such practice. Has international Not directly governed by
personality that it can the rules of international
SUBJECTS OF INTERNATIONAL LAW directly assert rights and law
can be held responsible
Q: Define international community. under the law of nations
It can be a proper party in Its rights are received
A: The body of juridical entities which are governed transactions involving the and its responsibilities
by the law of nations. Under the modern concept, it is application of the law of imposed indirectly
composed not only of States but also of such other nations among members through the
international persons as the UN, the Vatican City, of international instrumentality of an
colonies and dependencies, mandates and trust communities intermediate agency

Note: Under the Traditional concept, only states are regard to a portion of the globe is the right to exercise
considered subjects of international law. However, under therein to the exclusion of any other State, the
the Contemporary concept, individuals and international functions of a State. (Island of Palmas case: USA v. the
organizations are also subjects because they have rights and
Netherlands)
duties under international law.
Q: What are the fundamental rights of a State?

Q: What is a State?
A: It consists of the Right of:
A: A State is a community of persons, more or less
1. Existence and self-preservation
numerous, permanently occupying a definite portion
2. Sovereignty and independence
of territory, independent of external control, and
3. Equality
possessing an organized government to which the
4. Property and jurisdiction
great body of inhabitants render habitual obedience.
5. Diplomatic in tercourse
Q: What are the elements of a State?
Q: What is an International Organization?
A:
A: It is a body created by sovereign states and whose
1. People an aggregate of individuals of both
functioning is regulated by international law, not the
sexes, who live together as a community despite
law of any given country. They have functional
racial or cultural differences.
personality which is limited to what is necessary to
2. Territory fixed portion of the earths surface
carry out their functions as found in the instruments
which the inhabitants occupy.
of the organization.
3. Government the agency through which the will
of the state is formulated, expressed and
Note: The auxiliary status of Red Cross Society means that it
realized. is at one and the same time a private institution and a
4. Independence/sovereignty the power of a state public service organization because the very nature of its
to manage its external affairs without direction or work implies cooperation with the state. The PNRC, as a
interference from another state. National Society of the International Red Cross and Red
Crescent Movement, can neither be classified as an
Q: What are the other suggested elements of the instrumentality of the state, so as not to lose its character
State? of neutrality as well as its independence, nor its strictly as
a private corporation since it is regulated by international
A: humanitarian law and is treated as an auxiliary of the state.
1. Civilization (Liban v. Gordon, G.R. 175352, Jan. 18, 2011)
2. Recognition
Q: What is the status of an individual under public
international law?
Q: If State sovereignty is said to be absolute, how is
it related to the independence of other States and to
A: According to Hans Kelson, while as a general rule
their equality on the international plane?
international law has as its subject states and obliges
only immediately, it exceptionally applies to
A: From the standpoint of the national legal order,
individuals because it is to man to whom norms of
State sovereignty is the supreme legal authority in
international law entrusts the responsibilities of law
relation to subjects within its territorial domain. This
and order.
is the traditional context in referring to sovereignty as
absolute. However, in international sphere,
Q: What is the concept of Association?
sovereignty realizes itself in the existence of a large
number of sovereignties, such that there prevails in
A: An association is formed when two states of
fact co-existence of sovereignties under conditions of
unequal power voluntarily establish durable links. In
independence and equality.
the basic model, one state, the associate, delegates
certain responsibilities to the other, the principal,
Q: How is State sovereignty defined in international
while maintaining its international status as a state.
law?
Free association represents a middle ground between
integration and independence.
A: The right to exercise in a definite portion of the
globe the functions of a State to the exclusion of
Example: Republic of the Marshall Islands and the
another State. Sovereignty in the relations between Federated States of Micronesia formerly part of the U.S.
States signifies independence. Independence in Administered Trust Territory of the Pacific Islands.

The associated state arrangement has usually been used as Q: Is the BJE a state?
a transitional device of former colonies on their way to full
independence. A: Yes, BJE is a state in all but name as it meets the
criteria of a state laid down in the Montevideo
Example: Antigua, St. Kitts-Nevis-Anguilla, Dominica, St.
Convention namely, a permanent population, a
Lucia, St. Vincent and Grenada.
defined territory, a government and a capacity to
Q: Formal peace talks between the Philippine enter into relations with other states.
Government and MILF resulted to the crafting of the
GRP-MILF Tripoli Agreement on Peace (Tripoli Even assuming that the MOA-AD would not
Agreement 2001) which consists of three (3) aspects: necessarily sever any portion of Philippine Territory,
a.) security aspect; b.) rehabilitation aspect; and c.) the spirit animating it which has betrayed itself by
ancestral domain aspect. its use of the concept of association runs counter to
the national sovereignty and territorial integrity of
Various negotiations were held which led to the the Republic. (Prov. of North Cotabato v. The Govt. of
finalization of the Memorandum of Agreement on the Rep. of the Philippines, G.R. No. 183591, Oct. 14,
the Ancestral Domain (MOA-AD). In its body, it 2008)
grants the authority and jurisdiction over the
Ancestral Domain and Ancestral Lands of the Q: Does the peoples right of self-determination
Bangsamoro to the Bangsamoro Juridical Entity extend to a unilateral right of secession?
(BJE). The latter, in addition, has the freedom to
enter into any economic cooperation and trade A: No. A distinction should be made between the
relation with foreign countries. right of internal and external self-determination. The
recognized sources of international law establish that
The MOA-AD further provides for the extent of the the right to self-determination of a people is normally
territory of the Bangsamoro. With regard to fulfilled through internal self-determination a
governance, on the other hand, a shared peoples pursuit of its political, economic, social and
responsibility and authority between the Central cultural development within the framework of an
Government and BJE was provided. The relationship existing State. A right to external self-determination
was described as associative. Does the MOA-AD arises in only the most extreme cases and, even then,
violate the Constitution and the laws? under carefully defined circumstances.
A: Yes. The provisions of the MOA indicate that the External self-determination can be defined as the
Parties aimed to vest in the BJE the status of an establishment of a sovereign and independent State,
associated state or, at any rate, a status closely the free association or integration with an
approximating it. independent State or the emergence into any other
political status freely determined by a people which
The concept of association is not recognized under constitute modes of implementing the right of self-
the present Constitution. Indeed, the concept implies determination by that people.(Prov. of North
powers that go beyond anything ever granted by the Cotabato v. The Govt. of the Rep. of the Philippines,
Constitution to any local or regional government. It G.R. No. 183591, Oct. 14, 2008)
also implies the recognition of the associated entity
as a state. The Constitution, however, does not Q: Does the right to self-determination extend to the
contemplate any state in this jurisdiction other than indigenous peoples?
the Philippine State, much less does it provide for a
transitory status that aims to prepare any part of A: Yes. Indigenous peoples situated within States do
Philippine territory for independence. not have a general right to independence or secession
from those states under international law, but they do
Even assuming arguendo that the MOA-AD would not have the right amounting to the right to internal self-
necessarily sever any portion of Philippine territory, determination. Such right is recognized by the UN
the spirit animating it which has betrayed itself by General Assembly by adopting the United Nations
its use of the concept of association runs counter to Declaration on the rights of Indigenous Peoples
the national sovereignty and territorial integrity of (UNDRIP). (Prov. of North Cotabato v. The Govt. of the
the Republic. (Prov. of North Cotabato v. The Govt. of Rep. of the Philippines, G.R. No. 183591, Oct. 14,
the Rep. of the Philippines, G.R. No. 183591, Oct. 14, 2008)
2008)
Q: Do the obligations enumerated in the UN DRIP

strictly require the Republic of the Philippines to Occupied Palestinian Territory, July 4, 2004)
grant the Bangsamoro people, through the BJE, the
particular rights and powers provided for in the Q: What is the principle of state continuity?
MOA_AD?
A: It states that the disappearance of any of the
A: No. The UN DRIP, while upholding the right of elements of statehood would cause the extinction of
indigenous peoples to autonomy, does not obligate the State, but mere changes as to one or more of the
States to grant indigenous peoples the near elements would not necessarily, as a rule, bring about
independent status of an associated state. There is no such extinction. Despite such changes, the State
requirement that States now guarantee indigenous continues to be an international person.
peoples their own police and internal security force,
nor is there an acknowledgement of the right of Q: Discuss the rules on succession of States.
indigenous peoples to the aerial domain and
atmospheric space. But what it upholds is the right of A:
indigenous peoples to the lands, territories and 1. As to territory The capacities, rights and duties
resources, which they have traditionally owned, of the Predecessor State with respect to that
occupied or otherwise used or acquired. (Prov. of territory terminate and are assumed by the
North Cotabato v. The Govt. of the Rep. of the successor State.
Philippines, G.R. No. 183591, Oct. 14, 2008)
2. As to State property The agreement between
Q: In 1947, the United Nations made the border the predecessor and the successor State govern;
between Israel and Palestine known as the Green otherwise:
Line. Following the Palestinian Arab violence in a. Where a part of the territory of a State
2002, Israel began the construction of the barrier becomes part of the territory of another
that would separate West Bank from Israel. State, property of the predecessor State
Palestinians insisted that the fence is an Apartheid located in that territory passes to the
fence designed to de facto annex the West Bank of successor State.
Israel. The case was submitted to the ICJ for an b. Where a State is absorbed by another State,
advisory opinion by the General Assembly of the property of the absorbed State, wherever
United Nations under resolution ES-10/14. Does located, passes to the absorbing State.
Israel undermine the right of self-determination of c. Where a part of a State becomes a separate
the people of Palestine? State, property of the predecessor State
located in the territory of the new State
A: Construction of the wall severely impedes the passes to the new State.
exercise by the Palestinian people of its right to self-
determination. 3. As to public debts - Agreement between
predecessor and successor State govern;
The existence of a Palestinian people is no longer in otherwise:
issue. Such existence has moreover been recognized a. Where a part of the territory of a State
by Israel in the exchange of letters. The Court becomes part of the territory of another
considers that those rights include the right to self- State, local public debt and the rights and
determination, as the General Assembly has obligations of the predecessor State under
moreover recognized on a number of occasions. The contracts relating to that territory are
route chosen for the wall gives expression in loco to transferred to the successor State.
the illegal measures taken by Israel with regard to b. Where a State is absorbed by another State,
Jerusalem and the settlements. There is also of public debt and the rights and obligations
further alterations to the demographic composition under contracts of the absorbed State pass
of the Occupied Palestinian Territory resulting from to the absorbing State.
the construction of the wall as it is contributing to the c. Where a part of a State becomes a separate
departure of Palestinian population from certain State, local public debt and the rights and
areas. That construction, along with measures taken obligations of the predecessor State under
previously, thus severely impedes the exercise by the contracts relating to that territory are
Palestinian people of its right to self-determination, transferred to the successor State.
and is therefore a breach of Israels obligation to
respect that right. (ICJ Advisory Opinion on the Legal 4. As to treaties:
Consequences of the Construction of a Wall in the

a. When part of the territory of a State legitimate authority. Thus, sovereignty over the
becomes the territory of another State, the Philippines remained with the U.S. although the
international agreements of the predecessor Americans could not exercise any control over the
State cease to have effect in respect of the occupied territory at the time. What the belligerent
territory and international agreements of occupant took over was merely the exercise of acts of
the successor State come into force there. sovereignty.
(Moving Treaty or Moving Boundaries Rule
rd
- 3 State may seek relief from the treaty on Q: Distinguish between Spanish secession to the U.S.
ground of rebus sic stantibus) and Japanese occupation during WWII regarding the
b. When a State is absorbed by another State, political laws of the Philippines.
the international agreements of the
absorbed State are terminated and the A: There being no change of sovereignty during the
international agreements of the absorbing belligerent occupation of Japan, the political laws of
State become applicable to the territory of the occupied territory are merely suspended, subject
the absorbed State. (Moving Treaty or to revival under jus postliminium upon the end of the
rd
Moving Boundaries Rule - 3 State may occupation. In both cases, however, non-political
seek relief from the treaty on ground of laws, remains effective.
rebus sic stantibus)
c. When a part of a State becomes a new State, Q: Was there a case of suspended allegiance during
the new State does not succeed to the the Japanese occupation?
international agreements to which the
predecessor State was a party, unless, A: None. Adoption of the theory of suspended
expressly or by implication, it accepts such allegiance would lead to disastrous consequences for
agreements and the other party or parties small and weak nations or states, and would be
thereto agree or acquiesce. repugnant to the laws of humanity and requirements
d. Pre-existing boundary and other territorial of public conscience, for it would allow invaders to
agreements continue to be binding legally recruit or enlist the quisling inhabitants of the
notwithstanding (utipossidetis rule) occupied territory to fight against their own
government without the latter incurring the risk of
Q: Give the effects of a change of sovereignty on being prosecuted for treason. To allow suspension is
municipal laws. to commit political suicide.
A: Q: May an inhabitant of a conquered State be

1. Laws partaking of a political complexion are convicted of treason against the legitimate sovereign
abrogated automatically. committed during the existence of belligerency?
2. Laws regulating private and domestic rights
continue in force until changed or abrogated. A: Yes. Although the penal code is a non-political law,
it is applicable to treason committed against the
Q: What is the effect of change of sovereignty when national security of the legitimate government,
the Spain ceded the Philippines to the U.S.? because the inhabitants of the occupied territory
were still bound by their allegiance to the latter
A: The effect is that the political laws of the former during the enemy occupation. Since the preservation
sovereign are not merely suspended but abrogated. of the allegiance or the obligation of fidelity and
As they regulate the relations between the ruler and obedience of a citizen or subject to his government or
the ruled, these laws fall to the ground ipso facto sovereign does not demand from him a positive
unless they are retained or re-enacted by positive act action, but only passive attitude or forbearance from
of the new sovereign. Non-political laws, by contrast, adhering to the enemy by giving the latter aid and
continue in operation, for the reason also that they comfort, the occupant has no power, as a corollary of
regulate private relations only, unless they are the preceding consideration, to repeal or suspend the
changed by the new sovereign or are contrary to its operation of the law of treason.
institutions.
Q: What is succession of government?
Q: What is the effect of Japanese occupation to the
sovereignty of the U.S. over the Philippines? A: In succession of government, the integrity of the
original State is not affected as what takes place is
A: Sovereignty is not deemed suspended although only a change in one of its elements, the government.
acts of sovereignty cannot be exercised by the

Q: Give the effects of a change of government. recognition is extended. Once recognition of

state is accorded, it is generally irrevocable.
A: 2. Recognition of government may be withheld
1. If the change is peaceful the new government from a succeeding government brought about by
assumes the rights and responsibilities of the old violent or unconstitutional means.
government.
Q: What are the requirements for recognition of
2. If the change was effected thru violence, a government?
distinction must be made:
a. Acts of political complexion may be A:
denounced 1. The government is stable and effective, with no
b. Routinary acts of mere governmental substantial resistance to its authority
administration continue to be effective. 2. The government must show willingness and
ability to discharge its international obligations
Q: What is recognition? 3. The government must enjoy popular consent or
approval of the people
A: It is an act by which a State acknowledges the
existence of another State, government, or a Q: What is the Tobar or Wilson doctrine?
belligerent community and indicates its willingness to
deal with the entity as such under international law. A: It precludes recognition to any government coming
into existence by revolutionary means so long as the
Q: What are the two theories of recognition of freely elected representatives of the people thereof
State? have not constitutionally reorganized the country.
A: The theories of recognition of a State are: Q: What is the Estrada Doctrine?

1. Constitutive theory recognition is the last
indispensable element that converts the state A: It involves a policy of never issuing any declaration
being recognized into an international person. giving recognition to governments and of accepting
2. Declaratory theory recognition is merely an whatever government is in effective control without
acknowledgment of the pre-existing fact that the raising the issue of recognition. An inquiry into
state being recognized is an international person. legitimacy would be an intervention in the internal
affairs of another State.
Q: Who has the authority to recognize?
Q: Distinguish de jure recognition from de facto
A: It is a matter to be determined according to the recognition.
municipal law of each State. In the Philippines, it is
the President who determines the question of A:
recognition and his decisions on this matter are RECOGNITION DE JURE RECOGNITION DE FACTO
considered acts of state which are, therefore, not Relatively permanent Provisional (e.g.: duration
subject to judicial review. His authority in this respect of armed struggle)
is derived from his treaty-making power, his power to Vests title to properties Does not vest title to
send and receive diplomatic representatives, his of government abroad properties of government
military power, and his right in general to act as the abroad
foreign policy spokesman of the nation. Being Brings about full Limited to certain juridical
essentially discretionary, the exercise of these powers diplomatic relations relations
may not be compelled.
Q: What are the effects of recognition?
Q: Distinguish recognition of State from recognition
of government. A: VIP Ces
1. The recognized State acquires Capacity to enter
A: into diplomatic relations. Recognized State
1. Recognition of State carries with it the acquires capacity to sue in courts of recognizing
recognition of government since the former State.
implies that a State recognized has all the
essential requisites of a State at the time 2. Immunity from jurisdiction of courts of law of
recognizing State.

3. Entitled to receive and demand possession of A:

Properties situated within the jurisdiction of the INSURGENCY BELLIGERENCY
recognizing State which are owned by recognized A mere initial stage of More serious and
State. war. It involves a rebel widespread and
movement, and is presupposes the existence
4. Validity of the acts and decrees of recognized usually not recognized. of war between 2 or more
st
state/ government precluding courts of the states (1 sense) or actual
recognizing state from passing judgment on the civil war within a single
nd
legality of the acts or decrees of the recognized state (2 sense).
state. Sanctions to Belligerency is governed by
insurgency are the rules on international
Q: What is belligerency? governed by municipal law as the belligerents may
law Revised Penal be given international
A: Belligerency exists when the inhabitants of a State Code, i.e. rebellion. personality.
rise up in arms for the purpose of overthrowing the
legitimate government or when there is a state of war DIPLOMATIC AND CONSULAR LAW
between two states.
Q: Discuss the right of legation.
Q: What are the requisites in recognizing
Belligerency? A: The exercise of the right of legation is one of the
most effective ways of facilitating and promoting
A: TWOS intercourse among nations. Through the active right
1. There must be an Organized civil government of sending diplomatic representatives and the passive
directing the rebel forces. right of receiving them, States are able to deal more
2. The rebels must occupy a substantial portion of directly and closely with each other in the
the Territory of the state. improvement of their mutual intercourse.
3. The conflict between the legitimate government
and the rebels must be Serious, making the Q: Is the State obliged to maintain diplomatic
outcome uncertain. relations with other States?
4. The rebels must be willing and able to observe
the laws of War. A: No, as the right of legation is purely consensual. If
it wants to, a State may shut itself from the rest of the
Q: What are the legal consequences of belligerency? th
world, as Japan did until the close of the 19 century.
However, a policy of isolation would hinder the
A: progress of a State since it would be denying itself of
1. Before recognition, it is the legitimate the many benefits available from the international
government that is responsible for the acts of community.
the rebels affecting foreign nationals and their
properties. Once recognition is given, Q: Who are the agents of diplomatic intercourse?
responsibility is shifted to the rebel government.
A:
2. The legitimate government is bound to observe 1. Head of State
the laws and customs of war in conducting the 2. Foreign secretary or minister
hostilities. 3. Members of diplomatic service
4. Special diplomatic agents appointed by head of
3. From the viewpoint of third States, is to put the State
them under obligation to observe strict 5. Envoys ceremonial
neutrality and abide by the consequences arising
from that position. Q: What is diplomatic corps?
4. Recognition puts the rebels under responsibility A: It is a body consisting of the different diplomatic
to third States and to the legitimate government representatives who have been accredited to the
for all their acts which do not conform to the same local or receiving State. It is headed by a doyun
laws and customs of war. de corps, who, by tradition, is the oldest member
within the highest rank or, in Catholic countries, the
Q: Distinguish insurgency from belligerency. papal nuncio.

Q: What are the functions of a diplomatic mission? acceptability of an individual to be its chief of
mission; and
A:
1. Represent sending State in receiving State. 2. The agreement, also informal, by which the
2. Protect in receiving State interest of sending receiving State indicates to the sending state that
State and its nationals. such person, would be acceptable.
3. Negotiate with government of receiving State.
4. Promote friendly relations between sending and Q: What is a letter of credence?
receiving States and developing their economic,
cultural, and scientific relations. A: This is the document by which the envoy is
5. Ascertain by all lawful means conditions and accredited by the sending State to the foreign State to
developments in receiving State and reporting which he is being sent. It designates his rank and the
thereon to government of sending State. general object of his mission, and asks that he be
6. In some cases, represent friendly governments at received favorably and that full credence be given to
their request. what he says on behalf of his State.
Q: What are the classes of heads of a diplomatic Q: What is a letter patent?

mission?
A: The appointment of a consul is usually evidenced
A: by a commission, known sometimes as letter patent
1. Ambassadors or nuncios accredited to Heads of or letredprovision, issued by the appointing authority
State and other heads of missions of equivalent of the sending State and transmitted to the receiving
rank. State through diplomatic channels.
2. Envoys ministers and internuncios accredited to
heads of State. Q: What are the privileges and immunities of
3. Charge d affaires accredited to ministers of diplomatic representatives?
foreign affairs. A:
1. Personal inviolability members of diplomatic
Q: Is the receiving State obliged to accept a mission shall not be liable for any form of arrest
representative from another State? or imprisonment
2. Inviolability of premises premises, furnishings
A: No, the appointment of diplomats is not merely a and means of transport shall be immune from
matter of municipal law for the receiving State is not search, seizure, attachment or execution.
obliged to accept a representative who is a persona 3. Archives or documents shall be inviolable
non grata to it. Indeed, there have been cases when 4. Diplomatic agents are immune from criminal,
duly accredited diplomatic representatives have been civil or administrative liability.
rejected, resulting in strained relations between the 5. Receiving State shall protect official
sending and receiving State. communication and official correspondence of
diplomatic mission.
Q: What does persona non grata mean? 6. Receiving State shall ensure all members of
diplomatic mission freedom of movement and
A: In international law and diplomatic usage, it means travel.
a person not acceptable (for reasons peculiar to 7. A diplomatic agent is exempted to give evidence
himself) to the court or government to, which it is as a witness.
proposed to accredit him in the character of an 8. Exemption from general duties and taxes
ambassador or minister. including custom duties with certain exceptions.
9. Use of flag and emblem of sending State on
Q: What is agreation? premises of receiving State.
A: It is a practice of the States before appointing a Q: What are the exceptions to the privileges and
particular individual to be the chief of their immunities of diplomatic representatives?
diplomatic mission in order to avoid possible
embarrassment. It consists of two acts: A:
1. The inquiry, usually informal, addressed by the 1. Any real action relating to private immovables
sending State to the receiving State regarding the situated in the territory receiving State unless the

envoy holds the property in behalf of the sending A: The Ambassador is immune from prosecution for
State all crimes committed by him whether officially or in
2. Actions relating to succession where diplomatic his private capacity. The consul is immune from
agent is involved as executor, administrator, criminal prosecution only for acts committed by him
heirs or legatee as a private person and not on in connection with his official functions.
behalf of the sending State
3. An action relating to any professional or Q: The Ambassador of State X to the Philippines
commercial activity exercised by the diplomatic bought, in the name of his government, two houses
agent in the receiving State outside his official and lots at Forbes Park, Makati. One house is used
functions as the chancery and residence of the ambassador,
and the other as quarters for nationals of State X
Q: Who may waive diplomatic immunity and who are studying in De La Salle University. The
privileges? Register of Deeds refused to register the sale and to
issue Transfer Certificates of Title in the name of
A: The waiver may be made expressly by the sending State X. Is his refusal justified?
State. It may also be done impliedly, as when the
person entitled to the immunity from jurisdiction A: The prohibition in the Constitution against
commences litigation in the local courts and thereby alienation of lands in favor of aliens does not apply to
opens himself to any counterclaim directly connected alienation of the same in favor of foreign
with the principal claim. governments to be used as chancery and residence of
its diplomatic representatives. The receiving State is
Note: Waiver of immunity from jurisdiction with regard to under obligation to facilitate the acquisition on its
civil and administrative proceedings shall not be held to territory, in accordance with its laws, by the sending
mean implied waiver of the immunity with respect to the State of premises necessary for its mission, or to
execution of judgment, for which a separate waiver shall be
assist the latter in obtaining accommodation in some
necessary.
other way. Therefore, the refusal of the Register of
Deeds to register the sale and the issuance of TCT in
Q: Is diplomatic immunity a political question?
the name of State X is unjustified.
A: Diplomatic immunity is essentially a political
However, in so far as the house and lot to be used as
question and the courts should refuse to look beyond
quarters of the nationals of State X who are studying
the determination by the executive branch.
in De La Salle University are concerned, the Register
of Deeds correctly refused registration. Here, the
Q: Who else besides the head of the mission are
prohibition in the constitution against the transfer of
entitled to diplomatic immunities and privileges?
properties to parties other than the Filipino citizens
or corporation 60% of the capital of which is owned
A: They are also enjoyed by the diplomatic suite or
by such citizens should be followed.
retinue, which consists of the official and non-official
staff of the mission. The official staff is made up of Q: What is an exequatur.?
the administrative and technical personnel of the
mission, including those performing clerical work, and A: Exequatur is an authorization from the receiving
the member of their respective families. The non- State admitting the head of a consular post to the
official staff is composed of the household help, such exercise of his functions. For example, if the
as the domestic servants, butlers, and cooks and Philippines appoint a consul general for New York, he
chauffeurs employed by the mission. cannot start performing his functions unless the
President of the United States issues an exequatur to
Note: As a rule, however, domestic servants enjoy
him.
immunities and privileges only to the extent admitted by
the receiving State and insofar as they are connected with
Q: What are the grounds for termination of
the performance of their duties.
diplomatic relations under municipal law?
Q: The U.S. Ambassador from the Philippines and
the American Consul General also in the Philippines A: RADAR
quarreled in the lobby of Manila Hotel and shot each 1. Resignation
other. May Philippine courts take jurisdiction over 2. Accomplishment of the purpose
them for trial and punishment for the crime they 3. Death
may have committed? 4. Abolition of the office
5. Removal

Q: What are the grounds for termination of 2. Promotion of the commercial, economic,
diplomatic relation under international law? cultural, and scientific relations of the sending
and receiving States.
A: 3. Observes the conditions and developments in
1. War outbreak between the sending and the the receiving State and report the same to the
receiving States. sending State.
2. Extinction of either the sending State or the 4. Issuance of passports and other travel
receiving State. documents to nationals of the sending State and
3. Recall demanded by the receiving State when visas or appropriate documents to persons
the foreign diplomat becomes persona non grata wishing to travel to the sending State.
5. Supervision and inspection of vessels and aircraft
Q: Will the termination of diplomatic relations also of the sending State.
terminate consular relations between the sending
and receiving States? Q: Where do consuls derive their authority?
A: No. Consuls belong to a class of State agents A: Consuls derive their authority from two principal
distinct from that of diplomatic officers. They do not sources, to wit:
represent their State in its relations with foreign 1. Letter patent or letter de provision which is the
States and are not intermediaries through whom commission issued by the sending State, and
matters of State are discussed between governments. 2. Exequatur which is the permission given them
by the receiving State to perform their functions
Consuls look mainly after the commercial interest of therein.
their own State in the territory of a foreign State.
They are not clothed with diplomatic character and Q: Do consuls enjoy their own immunities and
are not accredited to the government of the country privileges?
where they exercised their consular functions; they
deal directly with local authorities. A: Yes, but not to the same extent as those enjoyed
by the diplomats. Like diplomats, consuls are entitled
Q: What is the difference between diplomats and to:
consuls? 1. Inviolability of their correspondence,
archives and other documents
A: Diplomats are concerned with political relations of 2. Freedom of movement and travel
States while consuls are not concerned with political 3. Immunity from jurisdiction for acts
matters. The latter attend rather to administrative performed in their official capacity; and
and economic issues. 4. Exemption from certain taxes and customs
duties
Q: What are the two kinds of consul?
However, consuls are liable to:
A: 1. Arrest and punishment for grave offenses;
1. Consulesmissi Professional or career consuls and
who are nationals of the sending State and are 2. May be required to give testimony, subject
required to devote their full time to the to certain exceptions.
discharge of their duties.
Note: Members of a consular post are under no
2. Consuleselecti May or may not be nationals of
obligation to give evidence on the following situations:
the sending State and perform their consular a. Concerning matters connected with the exercise
functions only in addition to their regular of their functions
callings. b. To produce official correspondence and
documents
Note: Examples of regular callings include acting as notary, c. To give evidence as expert witness with regard to
civil registrar and similar administrative capacities and the law of the sending State
protecting and assisting the nationals of the sending State.
The consular offices are immune only:
Q: What are the duties of consuls? 1. With respect to that part where the consular
work is being performed; and
A: 2. May be expropriated by the receiving state
1. Protection of the interests of the sending State for purposes of national defense or public
and its nationals in the receiving State. utility.

With respect to expropriation by the receiving State, 1. A real action relating to private immovable
steps shall be taken to avoid impeding the property situated in the territory of the receiving
performance of consular functions, and prompt, State, unless he holds it on behalf of the sending
adequate and effective compensation shall be paid by State for the purpose of the mission;
the sending State. 2. An action relating to succession in which the
diplomatic agent is involved as executor,
Q: What are the differences between Diplomatic administrator, heir or legatee as private person
Immunity and Consular Immunity? and not on behalf of the sending State;
3. An action relating to any professional or
A: commercial activity exercised by the diplomatic
DIPLOMATIC CONSULAR agent in the receiving State outside of his official
Premises of the Consular premises includes functions. (Article 32, Vienna Convention of
mission includes the buildings or parts of Diplomatic Relations)
the building or buildings and the land
parts of building irrespective of ownership used A consular officer does not enjoy immunity from the
and the land exclusively for the purposes of criminal jurisdiction of the receiving State and are not
irrespective of the consular posts amenable to the jurisdiction of the judicial or
ownership used for administrative authorities of the receiving State in
the purpose of the respect of acts performed in the exercise of consular
mission including functions.
the residence of
the head of mission However, this does not apply in respect of a civil
GR: The agents of GR: The agents of the receiving action either:
the receiving state state may not enter the 1. Arising out of a contract concluded by a consular
may not enter the consular premises officer in which he did not enter expressly or
premises of the impliedly
mission XPN: consent of the head of 2. By a third party for damages arising from an
the consular post accident in the receiving State caused by a
XPN: consent of Consent is assumed in case of vehicle, vessel or aircraft. (Article 41 and 43,
the head of the fire or other disasters requiring Vienna Convention on the Consular Relations)
mission prompt protective action
Personal baggage Consular bag shall not be Q: What are the grounds for termination of consular
of a diplomatic opened office?
agent shall not be It may be requested that the
opened bag be opened in their A:
presence by an authorized 1. Death
representative of the receiving 2. Recall
state if they have serious 3. Dismissal
reason to believe that the bag 4. Notification by the receiving State to the sending
contains objects of other State that it has ceased to consider as member of
articles, documents, the consular staff
correspondence or articles 5. Withdrawal of his exequatur by the receiving
Not obliged to give May be called upon to attend State.
evidence as a as a witness; if declined, no 6. War- outbreak of war between his home State
witness coercive measure or penalty and the receiving State.
may be applied
TREATIES
Q: Discuss the differences, if any, in the privileges or
immunities of diplomatic envoys and consular Q: What is a treaty?
officers from the civil and criminal jurisdiction of the
receiving State. A: It is an international agreement concluded
between States in written form and governed by
A: A diplomatic agent shall enjoy immunity from the international law, whether embodied in a single
criminal jurisdiction of the receiving State. He shall instrument or in two or more related instruments and
also enjoy immunity from its civil and administrative whatever its particular designation.
jurisdiction except in the case of:

Q: What are the essential requisites of a valid to the concurrence of the Senate. The President has
treaty? the discretion even after the signing of the treaty by
the Philippine representative whether or not to ratify
A: VACLA a treaty.
1. Be entered into by parties with the treaty-making The signature of the representative does not signify
Capacity final consent, it is ratification that binds the state to
2. Through their Authorized representatives the provisions of the treaty and renders it effective.
3. Without the attendance of duress, fraud,
mistake, or other Vice of consent The role of the Senate is limited only to giving or
4. On any Lawful subject-matter withholding its consent, concurrence to the
5. In accordance with their respective constitutional ratification. It is within the President to refuse to
process submit a treaty to the Senate or having secured its
consent for its ratification, refuse to ratify it. Such
Q: What are the usual steps in the treaty-making decision is within the competence of the President
process? alone, which cannot be encroached by this court via
writ of mandamus. (Pimentel v. Executive Secretary,
A: G.R. No. 158088, July 6, 2005)
1. Negotiation conducted by the parties to reach
an agreement on its terms. Note: The President signed the instrument of ratification on
2. Signature the signing of the text of the May 6, 2011 and the Senate concurred in Aug. 24,2011.
instrument agreed upon by the parties.
3. Ratification the act by which the provisions of a Q: Does the signature signify the final consent of the
treaty are formally confirmed and approved by State to the treaty?
the State.
4. Accession a State can accede to a treaty only if A: No. It is the ratification that binds the State to the
invited or permitted to do so by the contracting provisions thereof.
parties. Such invitation or permission is usually
given in the accession clause of the treaty itself. Q: What is the Doctrine of Unequal Treaties?
5. Exchange of instruments of ratification;
6. Registration with the United Nations. A: It posits that treaties which have been imposed
through coercion or duress by a State of unequal
Q: A petition for mandamus to compel the Office of character are void.
the Executive Secretary and the Department of
Foreign Affairs to transmit (even without the Q: What is a Protocol de Clture?
signature of the President) the signed copy of the
Rome Statute of the International Criminal Court A: It is a final act and an instrument which records the
(ICC) to the Senate of the Philippines for its winding up of the proceedings of a diplomatic
concurrence or ratification - in accordance with conference and usually includes a reproduction of the
Section 21, Article VII of the 1987 Constitution. texts of treaties, conventions, recommendations and
other acts agreed upon and signed by the
Petitioners contend that that ratification of a treaty, plenipotentiaries attending the conference.
under both domestic law and international law, is a
function of the Senate. That under the treaty law Q: What is ratification?
and customary international law, Philippines has a
ministerial duty to ratify the Rome Statute. A: Ratification is the act by which the provisions of a
treaty are formally confirmed and approved by a
Respondents on the other hand, argued that State. By ratifying a treaty signed in its behalf, a State
executive department has no duty to transmit the expresses its willingness to be bound by the
Rome Statute to the Senate for concurrence. Decide. provisions of such treaty.
A: Petitioners interpretation of the Constitution is Q: Enumerate instances when a third State who is a
incorrect. The power to ratify treaties does not non-signatory may be bound by a treaty.
belong to the Senate.
A:
It should be emphasized that under the Constitution 1. When a treaty is a mere formal expression of
the power to ratify is vested in the President subject customary international law, which, as such is

enforceable on all civilized states because of Q: What are the effects of reservation and of
their membership in the family of nations. objections to reservations?
2. Under Article 2 of its charter, the UN shall ensure
that non-member States act in accordance with A:
the principles of the Charter so far as may be 1. Modifies for the reserving State in its relations
necessary for the maintenance of international with that other party the provisions of the treaty
peace and security. Under Article 103, to which the reservation relates to the extent of
obligations of member-states shall prevail in case the reservation; and
of conflict with any other international 2. Modifies those provisions to the same extent for
agreement including those concluded with non- that other party in its relations with the reserving
members. State.
3. The treaty itself may expressly extend its benefits 3. The reservation does not modify the provisions
to non-signatory States. of the treaty for the other parties to the treaty
4. Parties to apparently unrelated treaties may also inter se.
be linked by the most-favored nation clause. 4. When a State objecting to a reservation has not
opposed the entry into force of the treaty
Q: When does a treaty enter into force? between itself and the reserving State, the
provisions to which the reservation relates do
A: A treaty enters into force in such manner and upon not apply as between the two States to the
such date as it may provide or as the negotiating extent of the reservation.
States may agree. Failing any such provision or
agreement, a treaty enters into force as soon as Q: Are treaties subject to judicial review?
consent to be bound by the treaty has been
established for all the negotiating States. A: Yes. Even after ratification, the Supreme Court has
the power of judicial review over the constitutionality
Q: May a State invoke the fact that its consent to the of any treaty, international or executive agreement
treaty was obtained in violation of its internal law? and must hear such case en banc.
A: Q: In case of conflict between a treaty and a custom,

GR: No. which would prevail?
XPN: If the violation was manifest and A:

concerned a rule of its internal law of 1. Treaty prevails if the treaty comes after a
fundamental importance. particular custom, as between the parties to the
treaty,
Note: A violation is manifest if it would be objectively 2. Customs prevails if the custom develops after the
evident to any State conducting itself in the matter in treaty, it being an expression of a later will.
accordance with normal practice and in good faith.
Q: Distinguish a treaty from an executive agreement.
Q: What is a reservation?
A:
A: A reservation is a unilateral statement, however 1. Treaties - need concurrence of the senate and
phrased or named, made by a State, when signing, involve basic political issues, changes in national
ratifying, accepting, approving, or acceding to a policy and are permanent international
treaty, whereby it purports to exclude or modify the agreements.
legal effect of certain provisions of the treaty in their 2. Executive agreements - need no concurrence
application to that State. from the senate and are just adjustments of
details in carrying out well established national
Q: When is reservation not applicable? policies and are merely temporary arrangements.
A: Q: Is VFA a treaty or a mere executive agreement?

1. Reservations cannot be made if the treaty itself
provides that no reservation shall be admissible, A: In the case of Bayan v. Zamora G.R No. 138570,
2. If the treaty allows only specified reservations Oct. 10, 2000, VFA was considered a treaty because
which do not include the reservation in question, the Senate concurred in via 2/3 votes of all its
3. If the reservation is incompatible with the object members. But in the point of view of the US
and purpose of the treaty. Government, it is merely an executive agreement.

Q: May a treaty be modified without the consent of intention.

all the parties?
Q: What are the requisites of rebus sic stantibus?
A:
GR: No A: PRUTIS
1. The change must not have been caused by the
XPN: If allowed by the treaty itself, two Party invoking the doctrine
states may modify a provision only insofar as 2. The doctrine cannot operate Retroactively, i.e., it
their countries are concerned. must not adversely affect provisions which have
already been complied with prior to the vital
Q: What are the grounds for invalidating a treaty? change in the situation
3. The change must have been Unforeseen or
A: unforeseeable at the time of the perfection of
1. Error the treaty
2. Fraud 4. The doctrine must be invoked within a
3. Corruption of a representative of a State reasonable Time
4. Coercion of a representative of a State 5. The duration of the treaty must be Indefinite
5. Coercion of a State by threat or use of force 6. The change must be so Substantial that the
6. Violation of jus cogens norm foundation of the treaty must have altogether
7. Unconstitutionality Rule disappeared
8. Lack of Representatives Authority
Q: When can the principle of rebus sic stantibus not
Q: What are the grounds for termination of a treaty? be invoked as a ground for terminating or
withdrawing from a treaty?
A:
1. Termination of the treaty or withdrawal of a A:
party in accordance with the terms of the treaty. 1. If the treaty establishes a boundary; or
2. Extinction of one of the parties to the treaty. 2. If the fundamental change is the result of a
3. Mutual agreement of all the parties to terminate breach by the party invoking it of an obligation
the treaty. under the treaty or of any other obligation owed
4. Denunciation of the treaty by one of the parties. to any other party to the treaty.
5. Supervening impossibility of performance.
6. Conclusion of a subsequent treaty inconsistent Q: What is the clean slate rule?
between the same parties.
7. Violation of the treaty by one of the parties. A: When one State ceases to exist and is succeeded
8. Doctrine of rebus sic stantibus by another on the same territory, the newly
9. Outbreak of war between the parties to the independent State is not bound to maintain in force,
treaty. or to become a party to, any treaty by reason only of
10. Severance of diplomatic or consular relations the fact that at the date of the succession of States
11. The emergence of new peremptory norm of the treaty was in force in respect of the territory to
general international law renders void and which the succession of States relates.
terminates any existing treaty in conflict with
such norm. Q: What are the exceptions to the clean slate
rule?
Q: What is the doctrine of rebus sic stantibus?
A:
A: It states that a fundamental change of 1. When the new State agrees to be bound by the
circumstances which determined the parties to treaties made by its predecessor;
accept a treaty, if it has resulted in a radical 2. Treaties affecting boundary regime (utipossidetis)
transformation of the extent of the obligations 3. Customary International Law
imposed by it, may under certain conditions, afford
the party affected a ground to invoke the termination Q: What is the most-favored-nation clause?
of the treaty.
A: It may be defined in general, as a pledge by a
The change must have increased the burden of the contracting party to a treaty to grant to the other
obligations to be executed to the extent of rendering party treatment not less favorable than that which
performance essentially different from the original

has been or may be granted to the most favored Q: To which treaties does the Vienna Convention
among other countries. apply?
Q: Can the House of Representatives take active part A: The present Convention applies to any treaty
in the conduct of foreign relations, particularly in which is the constituent instrument of an
entering into treaties and international agreements? international organization and to any treaty adopted
within an international organization without
A: No. As held in US v. Curtiss Wright Export prejudice to any relevant rules of the organization.
Corporation 299 US 304, it is the President alone who (Article 5, Vienna Convention)
can act as representative of the nation in the conduct
of foreign affairs. Although the Senate has the power Q: What is nationality?
to concur in treaties, the President alone can
negotiate treaties and Congress is powerless to A: It is membership in a political community with all
intrude into this. However, if the matter involves a its concomitant rights and obligations. It is the tie
treaty or an executive agreement, the HR may pass a that binds the individual to his State, from which he
resolution expressing its views on the matter. can claim protection and whose laws he is obliged to
obey.
Q: If a treaty is not in writing, may it still be
considered as such? Q: What is citizenship?
A: Yes. Oral agreements between States are A: It has more exclusive meaning in that it applies
recognized as treaties under customary international only to certain members of the State accorded more
law. privileges than the rest of the people who owe it
allegiance. Its significance is municipal, not
Q: In case of conflict between a treaty and a statute, international.
which would prevail?
Q: What is multiple nationality?
A: In case of conflict, the courts should harmonize
both laws first and if there exists an unavoidable A: It is the possession by an individual of more than
contradiction between them, the principle of lex one nationality. It is acquired as the result of the
posterior derogat priori - a treaty may repeal a statute concurrent application to him of the conflicting
and a statute may repeal a treaty - will apply. The municipal laws of two or more States claiming him as
later one prevails. In our jurisdiction, treaties entered their national.
into by the executive are ratified by the Senate and
takes the form of a statute. Q: What is statelessness? What are the kinds of
statelessness?
NATIONALITY AND STATELESSNESS
A: It is the condition or status of an individual who is
VIENNA CONVENTION ON THE LAW OF TREATIES either:
1. De Jure Stateless persons - stripped of their
Q: What is Vienna Convention on the Law of Treaties nationality by their former government and
(or VCLT)? without having an opportunity to acquire
another
A: It is a treaty concerning the international law on 2. De Facto Stateless persons - those who possess a
treaties between states. It was adopted on 22 May nationality whose country does not give them
1969 and opened for signature on 23 May 1969. The protection outside their own country and who
Convention entered into force on 27 January 1980. are commonly referred to as refugees. (Frivaldo v.
COMELEC, G.R. No. 123755, June 28, 1996)
Q: What is the scope of the Vienna Convention?
Q: What are the consequences of statelessness?
A: The scope of the Convention is limited. It applies
only to written treaties between States, excluding A:
treaties concluded by international organizations 1. No State can intervene or complain in behalf of
(Article 1, Vienna Convention). the Stateless person for an international
delinquency committed by another State in
inflicting injury upon him.

2. He cannot be expelled by the State if he is nationality.

lawfully in its territory except on grounds of
national security or public order. Q: What is the Doctrine of Genuine Link?
3. He cannot avail himself of the protection and
benefits of citizenship like securing for himself a A: It states that the bond of nationality must be real
passport or visa and personal documents. and effective in order that a State may claim a person
as its national for the purpose of affording him
Q: What is the doctrine of indelible allegiance? diplomatic protection.
A: An individual may be compelled to retain his STATE RESPONSIBILITY

original nationality notwithstanding that he has
already renounced it under the law of another State Q: What is the Doctrine of State Responsibility?
whose nationality he has acquired.
A: A State may be held responsible for an
Q: What is the Doctrine of Effective Nationality? international delinquency directly or indirectly
imputable to it which causes injury to the national of
A: A person having more than one nationality shall be another State. Liability will attach to the State where
treated as if he had only one either the nationality its treatment of the alien falls below the international
of the country in which he is habitually and principally standard of justice or where it is remiss in according
resident or the nationality of the country with which him the protection or redress that is warranted by the
in the circumstances he appears to be in fact most circumstances.
closely connected.
Q: What are the requisites for the enforcement of
Q: Is a Stateless person entirely without right, the doctrine of State Responsibility?
protection or recourse under the Law of Nations?
A:
A: No. Under the Convention in Relation to the Status 1. The injured alien must first exhaust all local
of Stateless Persons, the contracting States agree to remedies; and
accord the stateless persons within their territories 2. He must be represented in the international
treatment at least as favorable as that accorded their claim for damages by his own State
nationals with respect to:
1. Freedom of religion Q: What are the elements of State Responsibility?
2. Access to the courts
3. Rationing of products in short supply A:
4. Elementary education 1. Breach of an international obligation
5. Public relief and assistance 2. Attributability
6. Labor legislation
7. Social Security Q: What are the two kinds of State Responsibility?
Note: They also agree to accord them treatment not less A:

favorable than that accorded to aliens generally in the same 1. Direct State responsibility Where the
circumstances. The Convention also provides for the international delinquency was committed by
issuance of identity papers and travel documents to the
superior government officials or organs like the
Stateless persons.
chief of State or the national legislature, liability
will attach immediately as their acts may not be
Q: What measures has international law taken to
effectively prevented or reversed under the
prevent Statelessness?
constitution or laws of the State.
A: In the Convention on the Conflict of Nationality 2. Indirect State responsibility Where the offense
Laws of 1930, the Contracting States agree to accord is committed by inferior government officials or
nationality to persons born in their territory who by private individuals. The State will be held
would otherwise be stateless. The Convention on the liable only if, by reason of its indifference in
Reduction of Statelessness of 1961 provides that if preventing or punishing it, it can be considered
the law of the contracting States results in the loss of to have connived in effecting its commission.
nationality, as a consequence of marriage or
termination of marriage, such loss must be Q: What are the elements of an internationally
conditional upon possession or acquisition of another wrongful act?

A: Q: What are the reliefs available where a State is

1. Act or omission is attributable to the State liable for an internationally wrongful act?
under International Law; and
2. Constitutes a breach of an international A:
obligation of the State 1. Declaratory relief declaration by a court that as
to the illegality of an act constitutes a measure of
Note: Every internationally wrongful act of a State entails satisfaction or reparation in the broad sense.
the international responsibility of that State.
Note: This is available when this is, or the parties
Q: What are the acts/situations which are deem this, the proper way to deal with a dispute or
attributable to the State? when the object is not to give satisfaction for the
wrong received BUT ONLY TO RECOGNIZE THE
A: LIABILITY.
1. Acts of the State organs acts of State organs in
their capacity provided by law or under 2. Satisfaction a measure other than restitution or
instructions of superiors compensation which an offending State is bound
2. Acts of other persons If the group of persons to take.
was in fact exercising elements of the
Note: Its object is often either:
governmental authority in the absence or default
a. An apology and other acknowledgment of
of the official authorities and circumstances such
wrongdoing
as to call for the exercise of those elements of b. Punishment of individuals concerned
authority. c. Taking of measures to prevent a recurrence
3. Acts of revolutionaries conduct of an
insurrectional movement which becomes the 3. Restitution involves wiping out all the
new government of a State or part of a State. consequences of the breach and re-establishing
the situation which would probably have existed
Q: What is the theory of Objective or Strict Liability had the act not been committed.
with respect to state responsibility?
Note: It can either be in the form of legal restitution or
A: It provides that fault is unnecessary for State specific restitution.
responsibility to be incurred. Its requisites are: a. Legal Restitution is declaration that an offending
1. Agency treaty, law, executive act, or agreement, is
2. Casual connection between the breach and the invalid.
act or omission imputable to the State. b. Specific Restitution is a restitution in kind or
payment of a sum corresponding to the value of
the restitution, and the award for losses
Q: When is CULPA (fault) relevant? sustained which would not be covered by the first
two.
A:
1. When the breach results from acts of individuals 4. Compensation payment of money as a
not employed by the state or from the activities valuation of the wrong done.
of licenses or trespassers on its territory;
2. When a state engages in lawful activities, in Note: The compensation must correspond to the value
which case responsibility may result from culpa in which restitution in kind would bear; the award of
executing these lawful activities; damages for loss sustained which would not be
3. When determining the amount of damages; covered by restitution in kind or payment in place of it.
4. When due diligence or liability for culpa is
stipulated in a treaty. Q: What is the difference between pecuniary
satisfaction and compensation?
Q: When is MOTIVE (intent) relevant?
A:
A: PECUNIARY
COMPENSATION
1. The existence of a deliberate intent to injure SATISFACTION
may have an effect on the remoteness of the A token of regret and To make up for or repair
damage and may help to establish the breach of acknowledgment of the damage done.
duty. wrongdoing (monetary
2. Motive and intent may be a specific element in sorry)
defining permitted conduct.

Q: When may a State exercise diplomatic Q: What is the Protective Principle?

protection?
A: Any State has the right to punish acts even if
A: When a State admits into its territory foreign committed outside its territory, when such acts
investments or foreign nationals, whether natural or constitute attacks against its security, as long as that
juristic persons, it is bound to extend to them the conduct is generally recognized as criminal by states
protection of the law and assumes obligations in the international community.
concerning the treatment to be afforded to them.
These obligations however, are neither absolute nor Note: Examples are plots to overthrow the government,
unqualified. An essential distinction should be drawn forging its currency, and plot to break its immigration
between the obligations of the State towards the regulations.
international community as a whole, and those vis--
vis another State in the field of their diplomatic Q: What is Universality of Jurisdiction?
protection.
A: Certain offenses are so heinous and so widely
By their very nature the former are the concern of all condemned that any state that captures an offender
States. All States can be held to have a legal interest in may prosecute and punish that person on behalf of
their protection; they are obligations erga omnes. the international community regardless of the
Obligations the performance of which is the subject nationality of the offender or victim or where the
of diplomatic protection are not of the same category. crime was committed.
It cannot be held, when one such obligation in
particular is in question, in a specific case, that all Q: What is Passive Personality Principle?
States have a legal interest in its observance. (Case
Concerning Barcelona Traction, Light and Power A: This principle authorizes states to assert
Company, Limited, Feb. 5, 1970) jurisdiction over offenses committed against their
citizens abroad. It recognizes that each state has a
JURISDICTION OF STATES legitimate interest in protecting the safety of its
citizens when they journey outside national
Q: What is Jurisdiction? boundaries.
A: In Public International Law, jurisdiction is defined Q: What are the three modes of addressing conflicts
as the right of a State to exercise authority over of jurisdiction?
persons and things within its boundaries subject to
certain exceptions. A:
1. Balancing Test
Q: What is the Principle of Territoriality? 2. International Comity
3. Forum non conveniens
A: A state has absolute, but not necessarily exclusive,
power to prescribe, adjudicate and enforce rules of TREATMENT OF ALIENS
conduct that occurs within its territory.
Q: How should States treat aliens within their
Note: An aspect of this principle us the effects doctrine territory?
which provides that a state has jurisdiction over acts
occurring outside its territory but having effects within it. A: The standards to be used are the following:
1. National treatment/ equality of treatment
Q: What is extra-territoriality? Aliens are treated in the same manner as
nationals of the State where they reside.
A: It is the exemption of foreign persons from the
jurisdiction of the State of residence and it arises 2. Minimum international standard However
from treaty provisions. harsh the municipal laws might be, against a
States own citizens, aliens should be protected
Q: What is the Nationality Doctrine? by certain minimum standards of humane
protection.
A: A State may exercise jurisdiction over its nationals,
with respect to their conduct, whether within or Note: States protect aliens within their jurisdiction in the
outside its territory. expectation that their own nationals will be properly
treated when residing or sojourning abroad.

Q: Explain the Right of Asylum in international law. to demand the surrender of one accused or convicted
of a crime within its territorial jurisdiction, and the
A: The right of asylum is the competence of every correlative duty of the other State to surrender
State inferred from its territorial supremacy to allow a
prosecuted alien to enter and to remain on its Q: What is the basis of extradition?
territory under its protection and thereby grant
asylum to him. A: The extradition of a person is required only if
there is a treaty between the State of refuge and the
Q: Who is a refugee? State of origin. As a gesture of comity, however, a
State may extradite anyone. Furthermore, even with a
A: Any person who is outside the country of his treaty, crimes which are political in character are
nationality or the country of his former habitual exempted.
residence because he has or had well-founded fear of
persecution by reason of his race, religion, nationality, Q: What are the fundamental principles governing
membership of a political group or political opinion extradition?
and is unable or, because of such fear, is unwilling to
avail himself of the protection of the government of A:
the country of his nationality, or, if he has no 1. Based on the consent of the State expressed in a
nationality, to return to the country of his former treaty
habitual residence.
2. Principle of Specialty a fugitive who is
Q: What are the elements before one may be extradited may be tried only for the crime
considered as a refugee? specified in the request for extradition and
included in the list of offenses in the extradition
A: treaty, unless the requested State does not
1. The person is outside the country of his object to the trial of such person for the unlisted
nationality, or in the case of Stateless persons, offense
outside the country of habitual residence;
2. The person lacks national protection; 3. Any person may be extradited, whether he is a
3. The person fears persecution in his own country. national of the requesting State, of the State of
refuge or of another State. He need not be a
Note: The second element makes, a refugee a Stateless citizen of the requesting State.
person. Because a refugee approximates a Stateless
person, he can be compared to a vessel on the open sea not 4. Political or religious offenders are generally not
sailing under the flag of any State, or be called flotsam and subject to extradition.
res nullius. Only a person who is granted asylum by another
State can apply for refugee status; thus the refugee treaties Note: Attentant clause is a provision in an extradition
imply the principle of asylum. treaty which states that the murder or assassination of
the head of a state or any member of his family will
Q: What is the difference between refugees and not be considered as a political offense and therefore
extraditable.
internally displaced person?
5. The offense must have been committed within
A: Refugees are people who have fled their countries the territory of the requesting State or against its
while internally displaced persons are those who have interest
not left their countrys territory
6. Double Criminality Rule The act for which the
Q: What is the Principle of Non-Refoulment? extradition is sought must be punishable in both
States
A: It posits that a State may not deport or expel
refugees to the frontiers of territories where their life Q: What are the common bars to extradition?
or freedom would be put in danger or at risk.
A:
EXTRADITION 1. Failure to fulfill dual criminality
2. Political nature of the alleged crime
Q: What is extradition? 3. Possibility of certain forms of punishment
4. Jurisdiction
A: It is the right of a foreign power, created by treaty, 5. Citizenship of the person in question

Q: What is the procedure for extradition when a origin than his own or the State
foreign State requests from the Philippines? of origin.
A: Q: Should the judge inform the potential extraditee

1. File/issue request through diplomatic of the pending petition for extradition prior to the
representative with: issuance of warrant of arrest?
a. Decision of conviction
b. Criminal charge and warrant of arrest A: No. Prior to the issuance of the warrant, the judge
c. Recital of facts must not inform or notify the potential extraditee of
d. Text of applicable law designating the the pendency of the petition, lest the latter be given
offense the opportunity to escape and frustrate the
e. Pertinent papers proceedings. The foregoing procedure will best serve
the ends of justice in extradition cases.
2. DFA forwards request to DOJ
3. DOJ files petition for extradition with RTC Note: An extraditee does not have the right to notice and
4. Upon receipt of a petition for extradition and its hearing during the evaluation stage of an extradition
supporting documents, the judge must study proceeding. The nature of the right being claimed is
them and make, as soon as possible, a prima nebulous and the degree of prejudice an extraditee
allegedly suffers is weak. (US v. Purganan, G.R. No. 148571,
facie finding whether (a) they are sufficient in
Sept. 24, 2002)
form and substance, (b) they show compliance
with the Extradition Treaty and Law, and (c) the
Q: Is an extradition proceeding a criminal
person sought is extraditable. At his discretion,
proceeding?
the judge may require the submission of further
documentation or may personally examine the
A: No. Extradition is not a criminal proceeding which
affiants and witnesses of the petitioner. If, in
will call into operation all the rights of an accused
spite of this study and examination, no prima
provided in the bill of rights.
facie finding is possible, the petition may be
dismissed at the discretion of the judge.
Q: Is a petition for bail valid in extradition cases?
5. On the other hand, if the presence of a prima
A: Yes. The Philippines, along with other members of
facie case is determined, then the magistrate
the family of nations, committed to uphold the
must immediately issue a warrant for the arrest
fundamental human rights as well as value the worth
of the extraditee, who is at the same time
and dignity of every person. The commitment is
summoned to answer the petition and to appear
enshrined in Section 11, Article II of our Constitution
at scheduled summary hearings.
which provides: The State values the dignity of every
human person and guaranteed full respect for human
6. Hearing (provide counsel de officio if necessary);
rights. The Philippines, therefore, has the
7. Appeal to CA within ten days whose decision
responsibility of protecting and promoting the right of
shall be final and executory;
every person to liberty and due process, ensuring that
8. Decision forwarded to DFA through the DOJ;
those detained or arrested can participate in the
9. Individual placed at the disposal of the
proceedings before a court, to enable it to decide
authorities of requesting State costs and
without delay on the legality of the detention and
expenses to be shouldered by requesting State.
order their release if justified. In other words, the
Philippine authorities are under obligation to make
Q: Distinguish extradition from deportation. (1995
available to every person under detention such
Bar Question)
remedies which safeguards their fundamental right to
liberty. These remedies include the right to be
A:
admitted to bail. (Government of Hong Kong Special
EXTRADITION DEPORTATION
Administrative Region v. Olalia, Jr., G.R. No. 153675,
Effected at the request of Unilateral act of the local April 19, 2007)
the State of origin State
Based on offenses Based on causes arising Q: What are the requisites for granting bail in
committed in the State of in the local State extradition cases?
origin
Calls of the return of the Undesirable alien may be A: The possible extraditee must show upon a clear
fugitive to the State or deported to a State other and convincing evidence that:

1. He will not be a flight risk or a danger to the 2. Second generation: economic, social and cultural
community, rights
2. There exist special, humanitarian and compelling 3. Third generation: Right to development, right to
peace and right to environment
circumstances.
Q: How are human rights classified?
Q: What are the rights of a person arrested and
detained in another State?
A:
1. Individual rights
A:
2. Collective rights (right to self-determination of
1. Right to have his request complied with by the
people; the permanent sovereignty over natural
receiving State to so inform the consular post of
resources)
his condition
2. Right to have his communication addressed to
Q: What are the three main instruments of human
the consular post forwarded by the receiving
rights?
State accordingly
3. Right to be informed by the competent
A:
authorities of the receiving state without delay
1. Universal Declaration of Human Rights
his rights as mentioned above
2. The International Covenant on Economic, Social
and Cultural Rights
Q: Is the retroactive application of the extradition
3. International Covenant on Civil and Political
treaty amounting to an ex post facto law?
Rights
A: No. In Wright v. Court of Appeals, G.R. No.113213,
Q: What is Universal Declaration of Human Rights?
August 15,1994, it was held that the retroactive
application of the Treaty of Extradition does not
A: The UDHR is the basic international statement of
violate the prohibition against ex post facto laws,
the inalienable rights of human beings. It is the first
because the Treaty is neither a piece of criminal
comprehensive international human rights
legislation nor a criminal procedural statute. It
instrument. It covers Civil and Political rights and
merely provided for the extradition of persons
economic, social and cultural rights.
wanted for offenses already committed at the time
the treaty was ratified.
Note: Rights covered by UDHR are customary international
law, hence, even during the times the times when the bill of
INTERNATIONAL HUMAN RIGHTS LAW rights under the constitution are inoperative, rights under
UDHR remained in effect. (Republic v. Sandiganbayan, G.R.
Q: What are human rights? No. 104768, July 21,2003)
A: Those liberties, immunities and benefits, which all Q: What are the rights guaranteed in the
human beings should be able to claim as a right of International Covenant on Civil and Political rights?
the society in which they live Louis Henkin
(Magallona, Fundamentals of Public International A:
Law, (2005), p. 243) 1. Right to self-determination
2. Right to an effective remedy
Q: What is the International Law of Human Rights? 3. Equal right of men and women to the enjoyment
of all the civil and political rights
A: It is the law which deals with the protection of 4. Right to life
individuals and groups against violations 5. Not to be subjected to torture or to cruel,
bygovernments of their internationally guaranteed inhuman or degrading treatment or punishment.
rights, and with the promotion of these rights In particular, freedom from medical or scientific
Thomas Buergenthal(Magallona, 2005) experimentation except with his consent
6. Freedom from slavery and servitude
Q: How are the international human rights divided? 7. Right to liberty and security of person
8. Right to be treated with humanity and with
A: The said rights are divided into 3 generations, respect for the inherent dignity of the human
namely: person
1. First generation: civil and political rights 9. No imprisonment on the ground of inability to
fulfill a contractual obligation

10. Right to liberty of movement and freedom to on a person for such purposes as obtaining from him
choose his residence or a third person, information or a confession,
11. Right to a fair and public hearing by a competent, punishing him for an act he or a third person has
independent and impartial tribunal established committed or is suspected of having committed, or
by law intimidating or coercing him or a third person, or for
12. No one shall be held guilty of an criminal offense any reason based on discrimination of any kind, when
on account of any act or omission which did not such pain or suffering is inflicted by or at the
constitute a criminal office, under national or instigation of or with the consent or acquiescence of
international law, at the time when it was a public official or other person acting in an official
committed capacity. (United Nations Convention against Torture
13. Right to recognition everywhere as a person and Other Cruel, Inhuman or Degrading Treatment or
before the law Punishment/UNCTO effective June 26, 1987)
14. Right to privacy
15. Right to freedom of thought, conscience and Q: What does it not include?
religion
16. Right to freedom of expressions A: It does not include pain or suffering arising only
17. Right of peaceful assembly from, inherent in or incidental to lawful sanctions.
18. Right of freedom of association
19. Right to marry and to found a family Q: What are the obligations of the State Parties in
20. Right to such measures of protection as are the UNCTO?
required by his status as a minor, name and
nationality A:
21. Right to participation, suffrage and access to 1. No exceptional circumstances whatsoever,
public service whether a state of war or a threat or war,
22. Right to equal protection of the law internal political instability or any other public
23. Right of minorities to enjoy their own culture, to emergency or any order from a superior officer
profess and practice their religion and to use or a public authority may be invoked as a
their own language. justification of torture.
2. No State party shall expel, return (refouler) or
Q: May parties derogate from their obligations? extradite a person to another State where there
are substantial grounds for believing that he
A: would be in danger of being subjected to torture.
GR: In times of public emergency which threatens the 3. All acts of torture are offenses under a State
life of the nation and the existence of which is Partys criminal law.
officially proclaimed, parties may take measures to 4. State Parties shall afford the greatest measure of
derogate from their obligations to the extent strictly assistance in connection with civil proceedings
required by the exigencies of the situation. brought in respect of any of the offences
5. To ensure that education and information
XPN: There can be no derogation from the regarding the prohibition against torture are fully
following: included on persons involved in the custody,
1. Right to life interrogation or treatment of any individual
2. Freedom from torture or cruel, subject to any form of arrest, detention, or
inhuman or degrading punishment imprisonment.
3. Freedom from slavery 6. To keep under systematic review interrogation
4. Freedom from imprisonment for failure rules, instructions, methods and practices as well
to fulfill a contractual obligation as arrangements for the custody and treatment
5. Freedom from ex post fact laws of persons subjected to any form of arrest,
6. Right to recognition everywhere as a detention or imprisonment in any territory under
person before the law its jurisdiction, with a view to preventing any
7. Freedom of thought, conscience and case of torture.
religion 7. To ensure a prompt and impartial investigation
wherever there is reasonable ground to believe
Q: What is torture? that an act of torture has been committed
8. To ensure that an individual subjected to torture
A: It is any act by which severe pain or suffering, has the right complain and have his case
whether physical or mental, is intentionally inflicted

promptly and impartially examined by INTERNATIONAL HUMANITARIAN LAW (IHL)

competent authorities AND NEUTRALITY
9. To ensure that the victim obtains redress and has
an enforceable right to fair and adequate Q: What is International Humanitarian Law (IHL)?
compensation
10. To ensure that any statement established to have A: It is the branch of PIL which governs armed
been made as a result of torture shall not be conflicts to the end that the use of violence is limited
invoked as evidence in any proceedings, except and that human suffering is mitigated or reduced by
against a person accused of torture as evidence regulating or limiting the means of military
that the statement was made. operations and by protecting persons who do not or
11. To prevent in any territory under its jurisdiction no longer participate in hostilities. It is also known as
other acts of cruel, inhuman or degrading the law of armed conflict or the laws of war.
treatment or punishment which do not amount (Magallona, Fundamentals of Public International
to torture when such acts are committed by or at Law, (2005), p. 291)
the instigation of or with the consent of
acquiescence of a public official or other person Q: What are the two branches of IHL?
acting in an official capacity.
A:
Q: When may a state party establish its jurisdiction 1. Law of Geneva designed to safeguard military
over offenses regarding torture? personnel who are no longer taking part in the
fighting and people not actively participating in
A: the war.
1. When the offenses are committed in any
territory under its jurisdiction or on board a ship Note: It includes the Wounded and Sick in the Field,
or aircraft registered in the State; Wounded, Sick and Shipwrecked at Sea, Prisoners of
2. When the alleged offender is a national of that War and Civilians.
State;
3. When the victim was a national of that State if 2. Law of the Hague establishes the rights and
that State considers it appropriate; obligations of belligerents in the conduct of
4. Where the alleged offender is present in any military operations, and limits the means of
territory under its jurisdiction and it does not harming the enemy.
extradite him.
Q: What is war?
Note: Nos. 1 to 3 are considered as extraditable offences. In
the absence of an extradition treaty, the UNCTO may be A: It is contention between two States, through their
considered as the legal basis for extradition. Such offenses armed forces, for the purpose of overpowering the
shall be treated, for the purpose of extradition, as if they other and imposing such conditions of peace as the
have been committed not only in the place in which they victor pleases.
occurred but also in the territories of the State required to
establish their jurisdiction.
Q: Is the UN Charter committed to the outlawing of
war?
Q: What are the rights guaranteed under
International Covenant on Economic, Social and
A: Yes. Under the UN Charter, the use of force is
Cultural Rights (ICESR)
allowed only in two instances, to wit, in the exercise
of the inherent right of self-defense and in pursuance
A:
of the so-called enforcement action that may be
1. Right of Self Determination
decreed by the Security Council.
2. Right to work and accompanying rights thereto
3. Right to Social Security and other social rights
Q: How is war commenced?
4. Adequate standard of living which includes;
5. Right to adequate housing
A: With the:
6. Right to adequate food
1. Declaration of war
7. Right to adequate clothing
2. Rejection of an ultimatum
8. Right to health
3. Commission of an act of force regarded by at
9. Right to education
least one of the parties as an act of war.
10. Cultural Rights
Q: What is a declaration of war?

A: A communication by one State to another Q: What is the Principle of Distinction?

informing the latter that the condition of peace
between them has come to an end and a condition of A: Parties to an armed conflict must at all times
war has taken place. distinguish between civilian and military targets and
that all military operations should only be directed at
Q: What is an ultimatum? military targets.
A: A written communication by one State to another Q: Who are the participants in war?
which formulates, finally and categorically, the
demands to be fulfilled if forcible measures are to be A:
averted. 1. Combatants - those who engage directly in the
hostilities, and
Q: What are the effects of the outbreak of war? 2. Non-combatants - those who do not, such as
women and children.
A:
1. Laws of peace are superseded by the laws of war. Q: Who are regarded as combatants?
2. Diplomatic and consular relations between the
belligerents are terminated. A: Those individuals who are legally entitled to take
3. Treaties of political nature are automatically part in hostilities. These include:
cancelled, but those which are precisely intended 1. Members of the armed forces except those not
to operate during war such as one regulating the actively engaged in combat
conduct of hostilities, are activated.
4. Enemy public property found in the territory of 2. The members of organized resistance groups,
other belligerent at the outbreak of the such as the guerrillas, provided that they are:
hostilities is with certain exceptions, subject to a. Being commanded by a person responsible
confiscation. for his subordinates
b. Wearing a fixed distinctive sign or some
Note: An army of occupation can only take possession of type of uniform
the cash, funds, and property liable to requisition belonging c. Carrying arms openly; and
strictly to the State, depots of arms, means of transport, d. Obeying the laws and customs of war.
stores and supplies, and, generally, all movable property of
the State which may be used for military operations.
3. Citizens who rise in a levee en masse The
(Article 53, Laws and Customs of War on Land (Hague II),
July 29, 1899) inhabitants of unoccupied territory who, on
approach or the enemy, spontaneously take
Q: What are the tests in determining the enemy arms to resist the invading troops without having
character of individuals? had time to organize themselves, provided only
that they:
A: a. Carry arms openly; and
1. Nationality test If they are nationals of the b. Observe the laws and customs of war.
other belligerent, wherever they may be.
2. Domiciliary test If they are domiciled aliens in 4. The officers and crew members of merchant
the territory of the other belligerent, on the vessels who forcibly resist attack.
assumption that they contribute to its economic
resources. Q: Who is a civilian?
3. Activities test If, being foreigners, they
nevertheless participate in the hostilities in favor A: Any person who does not belong to the armed
of the other belligerent. forces and who is not a combatant.
4. Territorial or Commercial Domicile Test in
Note: In case of doubt whether a person is a civilian or not,
matters referring to economic warfare
that person shall be considered as a civilian.
5. Controlling Interest Test this test is applied to
corporation in addition to the place of
Q: What are armed forces as defined under R.A.
incorporation test. A corporation is considered as
9851?
enemy if it:
a) Is incorporated in an enemy territory
A: These are all organized armed forces, groups and
b) Is controlled by individuals bearing enemy
units that belong to a party to an armed conflict
character

which are under a command responsible to that party Q: What is the Principle of Uti Possidetis?
for the conduct of its subordinates.
A: Allows retention of property or territory in the
Q: What are the basic principles that underlie the belligerents actual possession at the time of the
rules of warfare? cessation of hostilities.
A: Q: What is Status Quo Ante Bellum?

1. The Principle of Military Necessity The
belligerent may employ any amount of force to A: Each of the belligerents is entitled to the territory
compel the complete submission of the enemy and property which it had possession of at the
with the least possible loss of lives, time and commencement of the war.
money.
Q: What are the new conflicts covered by the IHL?
Note: Under R.A. 9851, it is the necessity of employing
measures which are indispensible to achieve a A:
legitimate aim of the conflict and not prohibited by 1. Anarchic conflicts It is a situation where armed
IHL.
groups take advantage of the weakening or
breakdown of the State structures in an attempt
2. The Principle of Humanity Prohibits the use of to grab power.
any measure that is not absolutely necessary for 2. Those in which group identity becomes a focal
the purpose of the war, such as the poisoning of point These groups exclude the adversary
wells. through ethnic cleansing which consists in
forcibly displacing or even exterminating
3. The Principle of Chivalry Prohibits the populations. This strengthens group feeling to
belligerents from the employment of the detriment of the existing national identity,
treacherous methods in the conduct of ruling out any possibility of coexistence with
hostilities, such as the illegal use of Red Cross other groups.
emblems.
Q: Differentiate (IHL) from Human Rights Law.
Q: How may war be terminated?
A:
A: By:
INTERNATIONAL
1. Simple cessation of hostilities, without the HUMAN RIGHTS LAW
HUMANITARIAN LAW
conclusion of a formal treaty
Applies in situations of Protects the individual at
2. Treaty of peace
armed conflict. all times in war and peace
3. Unilateral declaration
alike.
4. The complete submission and subjugation of one
of the belligerents, followed by a dictated treaty No derogations are Some human rights treaties
of peace or annexation of conquered territory permitted under IHL permit governments to
because it was derogate from certain
Q: What is Postliminium? conceived for emergency rights in situations of public
situations, namely emergency.
A: The revival or reversion to the old laws and armed conflict.
sovereignty of territory which has been under Aims to protect people Tailored primarily for
belligerent occupation once control of the belligerent who do not or are no peacetime, and applies to
occupant is lost over the territory affected. longer taking part in everyone. Their principal
hostilities. The rules goal is to protect
Q: When is the Principle of Postliminium applied? embodied in IHL impose individuals from arbitrary
(1979 Bar Question) duties on all parties to a behavior by their own
conflict. governments. Human
A: Where the territory of one belligerent State is rights law does not deal
occupied by the enemy during war, the legitimate with the conduct of
government is ousted from authority. When the hostilities.
belligerent occupation ceases to be effective, the Humanitarian law States are bound by human
authority of the legitimate government is obliges states to take rights law to accord
automatically restored, together with all its laws, by practical and legal national law with
virtue of the jus postliminium. measures, such as international obligations.

enacting penal 2. Values the dignity of every human person and

legislation and guarantees full respect of human rights;
disseminating IHL. 3. Promotion of Children as zones of peace
Provides for several Implementing mechanisms 4. Adoption of the generally accepted principles of
specific mechanisms that are complex and, contrary international law;
help its implementation. to IHL include regional 5. Punishment of the most serious crimes of
Notably, states are systems. Supervisory concern to the international community; and
required to ensure bodies, e.g. the UN 6. To ensure persons accused of committing grave
respect also by other Commission on Human crimes under international law all rights for a fair
states. Provision is also Rights (UNCHR), are either and strict trial in accordance with national and
made for inquiry based on the UN Charter or international law as well as accessible and
procedure, a Protecting provided for in specific gender-sensitive avenues of redress for victims of
Power mechanism, and treaties. armed conflicts.
the International Fact-
Finding Commission. In The UNCHR have The application of the provisions of this Act shall not
addition, the developed a mechanism of affect the legal status of the parties to a conflict, nor
International Committee special rapporteurs and give an implied recognition of the status of
of the Red Cross (ICRC) is working groups, whose belligerency.
given a key role in task is to monitor and
ensuring respect for the report on human rights Q: What is the effect /relevance of the passage of
humanitarian rules. situations either by country R.A. 9851?
or by topic. Its role is to
enhance the effectiveness A: R.A. 9851 mandates both the State and non-state
of the UN human rights armed groups to observe international humanitarian
machinery and to build up law standards and gives the victims of war-crimes,
national, regional and genocide and crimes against humanity legal recourse
international capacity to
promote and protect Q: What is genocide?
human rights and to
disseminate human rights A:
texts and information. 1. Any of the following acts with intent to destroy,
Human rights treaties also in whole or in part, a national, ethnic, racial,
provide for the religious, social or any other similar stable and
establishment of permanent group such as:
committees of a. Killing of members of the group
independent experts b. Causing serious bodily or mental harm to
charged with monitoring members of the group
their implementation. c. Deliberately inflicting on the group
Certain regional treaties conditions of life calculated to bring about
(European and American) its physical destruction in whole or in part
also establish human rights d. Imposing measure intended to prevent
courts. births within the group
e. Forcibly transferring children of the group to
Note: IHL and international human rights law (hereafter another group
referred to as human rights) are complementary. Both
strive to protect the lives, health and dignity of individuals, 2. Directly and publicly inciting others to commit
albeit from a different angle. genocide (R.A. 9851)
Q: What is R.A. 9851? Q: May genocide be committed only during war or

armed conflict?
A: R.A. 9851 is the Philippine Act on Crimes Against
International Humanitarian Law, Genocide and other A: No, it may also be committed even in time of
Crimes Against Humanity. Its state policies include: peace. (Magallona, 2005, p. 273)
1. The renunciation of war and adherence to a
policy of peace, equality, justice, freedom, Q: What are war crimes?
cooperation and amity with all nations.;

A: b. Intentionally directing attacks against civilian

1. In case of an international armed conflict, grave objects, that is, objects which are not
breaches of the Geneva Conventions of August military objectives;
12, 1949, namely any of the following acts c. Intentionally directing attacks against
against persons or property protected: buildings, material, medical units and
a. Willful killing; transport, and personnel using the
b. Torture or inhuman treatment, including distinctive emblems of Additional Protocol II
biological experiments; in conformity with international law;
c. Willfully causing great suffering, or serious d. Intentionally directing attacks against
injury to body or health; personnel, installations, material, units or
d. Extensive destruction and appropriation of vehicles involved in a humanitarian
property not justified by military necessity assistance or peacekeeping mission in
and carried out unlawfully and wantonly; accordance with the Charter of the United
e. Willfully depriving a prisoner of war or other Nations as long as they are entitled to the
protected person of the rights of fair and protection given to civilians or civilian
regular trial; objects under the international law of armed
f. Arbitrary deportation or forcible transfer of conflict;
population or unlawful confinement; e. Launching an attack in the knowledge that
g. Taking hostages; such attack will cause incidental loss of life
h. Compelling a prisoner of war or other or injury to civilians or damage to civilian
protected person to serve in the forces of a objects or widespread long-term and severe
hostile power; and damage to the natural environment which
i. Unjustifiable delay in the repatriation of would be excessive in relation to the
prisoners of war or other protected persons. concrete and direct military advantage
anticipated;
2. In case of non-international armed conflict, f. Launching an attack against works or
serious violation of common Article 3 to the four installations containing dangerous forces in
Geneva Conventions of 12 August 1949, namely the knowledge that such attack will cause
any of the following acts committed against excessive loss of life, injury to civilians or
persons taking no active part in the hostilities, damage to civilian objects, and causing
including members of the armed forces who death or serious injury to body or health;
have laid down their arms and those placed hors g. Attacking or bombarding, by whatever
de combat by sickness, wounds, detention or any means, towns, villages, dwellings or
other cause: buildings which are undefended and which
a. Violence to life and person, in particular, are not military objectives, or making non-
willful killings, mutilation, cruel treatment defended localities or demilitarized zones
and torture; the object of attack;
b. Committing outrages upon personal dignity, h. Killing or wounding a person in the
in particular humiliating and degrading knowledge that he/she is hors de combat,
treatment; including a combatant who, having laid
c. Taking of hostages; and down his/her arms no longer having means
d. The passing of sentences and the carrying of defense, has surrendered at discretion;
out of executions without previous judgment i. Making improper use of a flag of truce, of
pronounced by a regularly constituted court, the flag or the military insignia and uniform
affording all judicial guarantees which are of the enemy or of the United Nations, as
generally recognized as indispensible. well as of the distinctive emblems of the
Geneva Conventions or other protective
3. Other serious violations of the laws and customs signs under the International Humanitarian
applicable in the armed conflict within the Law, resulting in death, serious personal
established framework of international law, injury or capture;
namely: j. Intentionally directing attacks against
a. Intentionally directing attacks against the buildings dedicated to religion, education,
civilian population as such or against art, science, or charitable purposes, historic
individual civilians not taking direct part in monuments, hospitals and places where the
hostilities; sick and wounded are collected, provided
that they are not military objectives.

Note: In case of doubt, they shall be presumed court of law the rights and actions of the
not to be so used. nationals of the hostile party;
x. Committing any of the following acts:
k. Subjecting persons who are in the power of i. Conscripting, enlisting or recruiting
an adverse party to physical mutilation or to children under the age of 15 years into
medical or scientific experiments of any kind, the national armed forces;
or to removal of tissue or organs for ii. Conscripting, enlisting, or recruiting
transplantation, which are neither justified children under the age of 18 years into
by the medical, dental or hospital treatment an armed force or group other than the
of the person concerned not carried out in national armed forces; and
his/her interest, and which cause death to or iii. Using children under the age of 18 years
seriously endanger the health of such person to participate actively in hostilities;
or persons; y. Employing means of warfare which are
l. Killing wounding or capturing an adversary prohibited under international law, such as:
by resort to perfidy i. Poison or poisoned weapons
m. Declaring that no quarter will be given; ii. Asphyxiating, poisonous or other gases,
n. Destroying or seizing the enemys property and all analogous liquids, materials or
unless such destruction or seizure is devices;
imperatively demanded by the necessities of iii. Bullets which expand or flatten easily in
war; the human body, such as bullets with
o. Pillaging a town or place, even when taken hard envelopes which do not entirely
by assault; cover the core or are pierced with
p. Ordering the displacement of the civilian incisions
population for reasons related to the iv. Weapons, projectiles and material and
conflict, unless the security of the civilians methods of warfare which are of the
involved or imperative military reasons so nature to cause superfluous injury or
demand; unnecessary suffering or which are
q. Transferring, directly or indirectly, by inherently indiscriminate in violation of
occupying power of parts of its own civilian the international law of armed conflict
population into the territory it occupies, or (R.A. 9851).
the deportation or transfer of all or parts of
the population of the occupied territory Q: What are included in the term other crimes
within or outside this territory; against humanity aside from war crimes and
r. Committing outrages upon personal dignity, genocide under R.A. 9851?
in particular, humiliating and degrading
treatment; A: Other crimes against humanity includes any of
s. Committing rape, sexual slavery, enforced the following acts when committed as part of a
prostitution, forced pregnancy, enforced widespread or systematic attack directed against any
sterilization, or any other form of sexual civilian population, with knowledge of the attack:
violence;
1. Willful killing
t. Utilizing the presence of a civilian or other
protected person to render certain points, 2. Extermination the intentional infliction of
areas or military forces immune from conditions of life, inter alia, the deprivation of
military operations; access to food and medicine, calculated to bring
u. Intentionally using starvation of civilians as a about the destruction of a part of a population.
method of warfare by depriving them of 3. Enslavement the exercise of any or all of the
objects indispensable to their survival, powers attaching to the right of ownership over
including willfully impending relief supplies; a person and includes the exercise of such power
v. In an international armed conflict, in the course of trafficking in persons, in
compelling the nationals of the hostile party particular women and children.
to take part in the operations of war
4. Arbitrary deportation or forcible transfer of
directed against their own country, even if
population forced displacement of the persons
they were in the belligerents service before
concerned by expulsion or other coercive acts
the commencement of the war;
from the area in which they are lawfully present,
w. In an international armed conflict, declaring
without grounds permitted under domestic or
abolished, suspended or inadmissible in a
international law

5. Imprisonment or other severe deprivation of A:

physical liberty in violation of fundamental rules 1. International Armed Conflict between two or
of international law more States including belligerent occupation.
6. Torture the intentional infliction of severe pain 2. Non-International Armed Conflict between
or suffering, whether physical, mental, or governmental authorities and organized armed
psychological, upon a person in the custody or groups or between such groups within a State.
under the control of the accused; except that
torture shall not include pain or suffering arising Note: It does not cover internal disturbances or
only from, inherent in or incidental to, lawful tensions such as riots, isolated and sporadic acts of
sanctions. violence or other acts of a similar nature. (R.A. 9851)
7. Rape, sexual slavery, enforced prostitution,
3. War of National Liberation - an armed struggle
forced pregnancy, enforced sterilization or any
waged by a people through its liberation
other form of sexual violence of comparable
movement against the established government
gravity
to reach self-determination. (Ronzitti, Cassese,
Note: Forced pregnancy means the unlawful 1975). It is also used to denote conflicts in which
confinement of a woman to be forcibly made peoples are fighting against colonial domination
pregnant, with the intent of affecting the ethnic and alien occupation and against racist regimes
composition of any population or carrying out other in the exercise of their right of self-
grave violations of international law.
determination, as enshrined in the U.N. Charter
8. Persecution against any identifiable group or and the Declaration of Principles of International
collectivity on political, racial, national, ethnic, Law. [Article 1(4), Protocol I]
cultural, religious, gender, sexual orientation
other grounds that are universally recognized as INTERNATIONAL ARMED CONFLICTS
impermissible under international law
Q: Differentiate between an armed conflict
Note: Persecution means the intentional and severe contemplated under the IHL and under R.A. 9851?
deprivation of fundamental rights contrary to
international law by reason of identity of the group or A:
collectively
1. All cases of declared war or any other armed
9. Enforced or involuntary disappearance of persons conflict which may arise between two or more of
the arrest detention or abduction of persons the Highest contracting parties, even if the State
by, or with the authorization, support, or of war is not recognized by one of them (Article
acquiescence of, a State or a political 2, Geneva convention of 1949). It also applies to
organization followed by a refusal to armed conflict between the government and a
acknowledge that deprivation of freedom or to rebel or insurgent movement (Article 3, Geneva
give information on the fate or whereabouts of convention of 1949).
those persons, with the intention of removing
them from the protection of the law for a 2. Under R.A. 9851, it is any use of force or armed
violence between States or a protracted armed
prolonged period of time
violence between governmental authorities and
10. Apartheid Inhumane acts committed in the organized groups or between such groups within
context of an institutionalized regime of a State provided that it gives rise or may give rise
systematic oppression and domination by one to a situation to which the Geneva Conventions
racial group/s and committed with the intention of 12 August 1949 including their common Article
of maintaining that regime. 3, apply
11. Other inhumane acts of similar character
intentionally causing great suffering, or serious Q: What are the instances that are not covered by
injury to body or to mental or physical health. an armed conflict?
(R.A. 9851)
A: It does not include internal disturbances or
tensions such as:
CATEGORIES OF ARMED CONFLICTS
1. Riots
2. Isolated and sporadic acts of violence
Q: What are the kinds/types of conflict as
3. Other acts of a similar nature
contemplated in R.A. 9851?

Q: When is a person considered a hors de combat? A: It is a temporary cessation of hostilities by

agreement of the local commanders for such
A: It is any person who: purposes as the gathering of the wounded and the
1. Is in the power of an adverse party burial of the dead.
2. Has clearly expressed an intention to surrender
3. Has been rendered unconscious or otherwise Q: What is armistice?
incapacitated by wounds or sickness and
therefore is incapable of defending himself (R.A. A: Suspension of hostilities within a certain area or in
9851) the entire region of the war, agreed upon by the
belligerents, usually for the purpose of arranging the
Note: In these cases the person abstains from any hostile terms of the peace.
act and does not attempt to escape. Under these
circumstances, the said person shall not be made object of
Q: Distinguish armistice from suspension of arms.
attack.
Q: Can a non-combatant be considered as a person A:

hors de combat? ARMISTICE SUSPENSION OF ARMS
As to the purpose
A: No. Only combatants can be persons hors de Political Military
combat. As to form
Usually in writing May be oral
Q: Who are Protected persons in an armed As to who may conclude
conflict? Only by the May be concluded by
commanders-in-chief of the local commanders
A: the belligerent
1. A person wounded, sick or shipwrecked, whether governments
civilian or military
2. A prisoner of war or any person deprived of Q: What is a cease-fire?
liberty for reasons related to an armed conflict
3. A civilian or any person not taking a direct part or A: It is an unconditional stoppage of all hostilities
having ceased to take part in the hostilities in the usually ordered by an international body like the
power of the adverse party United Nations Security Council.
4. A person who, before the beginning of hostilities, Q: What is a truce?

was considered a stateless person or refugee
under the relevant international instrument A: It is a conditional ceasefire for political purposes.
accepted by the parties to the conflict concerned
or under the national legislation of the state of Q: What is a capitulation?
refuge or state of residence
5. A member of the medical personnel assigned A: It is the surrender of military forces, places or
exclusively to medical purposes or to the districts, in accordance with the rules of military
administration of medical units or to the honor.
operation of an administration of medical
transports; or INTERNAL OR
6. A member of the religious personnel who is NON-INTERNATIONAL ARMED CONFLICT
exclusively engaged in the work of their ministry
and attached to the armed forces of a party to Q: What law applies to internal disturbances and
the conflict, its medical units or medical other situations of internal violence?
transports or non-denominational, non-
combatant military personnel carrying out A: These are governed by the provisions of human
functions similar to religious personnel. rights law and such measures of domestic legislation
as may be invoked. IHL does not apply to situations of
violence not amounting in intensity to an armed
Note: In such situations the Geneva Conventions and
Additional Protocol I apply. conflict.
Q: What is suspension of arms? Q: When does IHL apply in terms of non-

international armed conflicts?

A: Humanitarian law is intended for the armed forces, Victims of International Armed Conflicts (Protocol I),
whether regular or not, taking part in the conflict, 8 June 1977.
and protects every individual or category of
individuals not or no longer actively involved in the Q: What are the categories on the wars for national
hostilities. E.g.: wounded or sick fighters; people liberation?
deprived of their freedom as a result of the conflict;
civilian population; medical and religious personnel. A: Its categories are:
1. Colonial domination
Each Party to a conflict shall be bound to apply to the 2. Alien occupation; and
following provisions: 3. Racist regimes when the peoples oppressed by
these regimes are fighting for self-determination.
1. Persons taking no active part in the hostilities,
including armed forces who have laid down their Note: The wars of national liberation are restrictive in the
arms and those placed hors de combat be sense that they only fall under the following situations.
treated humanely, without any adverse
distinction founded on race, color, religion or Q: What is the effect of the said Protocol?
faith, sex, birth or wealth, or any other similar
criteria. To these end, the following acts are and A: Armed conflicts that fall under the categories will
shall remain prohibited at any time and any place now be regarded as international armed conflicts and
whatsoever with respect to the abovementioned thus fall under the International Humanitarian Law.
persons:
a. Violence to life and person, in particular CORE INTERNATIONAL OBLIGATIONS
murder of all kinds, mutilation, cruel OF STATES IN IHL
treatment and torture
b. Taking of hostages Q: What are the essential rules of IHL?
c. Outrages against personal dignity, in
particular humiliating and degrading A:
treatment 1. The parties to a conflict must at all times
d. The passing of sentences and the carrying distinguish between the civilian population and
out of executions without previous judgment combatants.
pronounced by a regularly constituted court, 2. Neither the civilian population as a whole nor
affording all the judicial guarantees which individual civilians may be attacked
are recognized as indispensable by civilized 3. Attacks may be made sole against military
peoples. objectives.
4. People who do not or can no longer take part in
2. The wounded and sick shall be collected and
the hostilities are entitled to respect for their
cared for.
lives and for their physical and mental integrity
and must be treated with humanity, without any
Note: An impartial humanitarian body, such as the
International Committee of Red Cross, may offer its services unfavorable distinction whatever.
to the parties to the conflict. 5. It is forbidden to kill or wound an adversary who
surrenders or who can no longer take part in the
WAR OF NATIONAL LIBERATION fighting.
6. Neither the parties to the conflict nor members
Q: What are wars of national liberation? of their armed forces have an unlimited right to
choose methods and means of warfare.
A: These are armed conflicts in which people are 7. It is forbidden to use weapons or methods of
fighting against colonial domination and alien warfare that are likely to cause unnecessary
occupation and against racist regimes in the exercise losses and excessive suffering.
of their right to self-determination. [Article 1(4), 8. The wounded and sick must be collected and
Protocol I] These are sometimes called insurgencies, cared for by the party to the conflict which has
rebellions or wars of independence. them in its power.
9. Medical personnel and medical establishments,
Q: What is its basis? transports and equipment must be spared. The
red cross or red crescent is the distinctive sign
A: Protocol Additional to the Geneva Conventions of indicating that such persons and objects must be
12 August 1949 and relating to the Protection of respected.

10. Captured combatants and civilians who find PRISONERS OF WAR

themselves under the authority of the adverse
party are entitled to respect for their lives, their Q: Who are prisoners of war?
dignity, their personal rights and their political,
religious and other convictions and must be A: Those lawful combatants who have fallen into the
protected against all acts of violence or reprisals; power of the enemy.
entitled to exchange of news with their families
and receive aid and enjoy basic judicial Q: What are the rights and privileges of prisoners of
guarantees. war?
PRINCIPLES OF IHL A:
1. To be treated humanely
Q: What are the fundamental principles of IHL? 2. Not to be subject to torture
3. To be allowed to communicate with their families
A: 4. To receive food, clothing, religious articles, and
1. Parties to armed conflict are prohibited from medicine
employing weapons or means of warfare that 5. To bare minimum of information
cause unnecessary damage or excessive 6. To keep personal belongings
suffering.(Principle of prohibition of use of 7. To proper burial
weapons of a nature to cause superfluous injury 8. To be grouped according to nationality
or unnecessary suffering) 9. To the establishment of an informed bureau
2. Parties to armed conflict shall distinguish 10. To repatriation for sick and wounded (1949
between civilian populace from combatants and Geneva Convention)
spare the former from military attacks.(Principle
Q: Are members of militias or volunteer groups
of distinction between civilians and combatants)
entitled to prisoner-of-war status when captured by
3. Persons hors de combat and those who do not the enemy?
take part in hostilities are entitled to respect for
their lives and their moral and physical integrity. A: Yes. Provided that:
They shall be protected and treated humanely 1. They form part of such armed forces of the state;
without any adverse distinction. or
4. It is prohibited to kill or injure an enemy who 2. They fulfill the following conditions:
surrenders or who is a hors de combat. a. They are being commanded by a person
responsible as superior;
5. The wounded and the sick shall be protected and
b. They have a fixed distinctive sign
cared for by the party who is in custody of them.
recognizable at a distance;
Protection shall cover medical personnel,
c. They carry arms openly; and
establishments, transports and equipment. The
d. They conduct their operations in
emblem of Red Cross or the Red Crescent is a
accordance with the laws and customs
sign of such protection and must be respected.
of war.
6. Parties who captured civilians and combatants
shall respect the latters rights to life, dignity, and Q: May a captured guerilla demand treatment
other personal rights. afforded to a prisoner of war under the 1949 Geneva
Convention?
TREATMENT OF CIVILIANS
A: Yes, a captured guerilla or other members of
Q: What is the Martens clause/Principle of organized resistance movements may demand such
Humanity? treatment, provided that:
a. They are being commanded by a person
A: In cases not covered by other international responsible as superior;
agreements, civilians and combatants remain under b. They have a fixed distinctive sign
the protection and authority of the principles of recognizable at a distance;
International Law derived from established custom, c. They carry arms openly; and
from the Principles of Humanity and from the dictates d. They conduct their operations in accordance
of public conscience. with the laws and customs of war.

Q: Are persons who accompany the armed forces A: It is the policy of the state to remain neutral in
without actually being members thereof entitled to future wars. Non-alignment is the implementation of
prisoner-of-war status when they fall in enemy neutralism.
hands?
Q: How is non-alignment different from neutrality?
A: Yes. Persons such as civilian members of military
aircraft crews, and war correspondents, shall be so A:
entitled to prisoner-of-war status when they fall in NEUTRALITY NON-ALIGNMENT
enemy hands. Presupposes the Exists during peace time
existence of war or
Q: What is the status of journalists who are engaged conflict
in dangerous professional missions in areas of Avoids involvement in a Rejects imperialism and
armed conflicts under IHL? war colonialism by the world
powers
A: They shall be treated as civilians, provided that Pre-determined position Evaluates the world
they take no action adversely affecting their status as political events based on
civilians, and their prisoners-of-war status to the case-to-case merits
armed forces when they fall to the enemy hands.
Q: When is a State considered as a neutralized
Q: Are spies entitled to prisoner-of-war status when State?
captured by the enemy?
A: Where its independence and integrity are
A: No. Any member of the armed forces of a Party to guaranteed by an international convention on the
the conflict who falls into the power of an adverse condition that such State obligates itself to never take
Party while engaging in espionage shall not have the up arms against any other State, except for self-
right to the status of prisoner of war and may be defense, or enter into such international obligations
treated as a spy. as would indirectly involve a war.
However, the following acts of gathering or Note: A State seeks neutralization where it is weak and
attempting to gather information shall not be does not wish to take active part in international politics.
considered as acts of espionage: The power that guarantees its neutralization may be
a) When made by a member of the armed motivated either by balance of power considerations or by
forces who is in uniform; desire to make the State a buffer between the territories of
the great powers.
b) When made by a member of the armed
forces who is a resident of the territory
Q: What are the rights and duties of a neutral State?
occupied by an adverse party who does so
but not through an act of false pretenses or
A:
in a deliberately clandestine manner.
1. Abstain from taking part in the hostilities and
from giving assistance to either belligerent (Duty
LAW OF NEUTRALITY
of abstention)
2. Prevent its territory and other resources from
Q: What is neutrality?
being used in the conduct of hostilities(Right of
territorial Integrity); and
A: It is non-participation, directly or indirectly, in a
3. Acquiesce in certain restrictions and limitations
war between contending belligerents. This exists only
the belligerents may find necessary to impose
during war time and is governed by the law of
(Duty of acquiescence)
nations. Examples of these states are Switzerland,
4. To continue diplomatic relations with other
Sweden, The Vatican City, Costa Rica.
neutral states and with the belligerents (Right of
diplomatic communications).
Q: What is non-alignment (Neutralism)?
Q: What are the obligations of belligerents?
A: This refers to peacetime foreign policies of nations
desiring to remain detached from conflicting interests
A:
of other nations or power groups.
1. Respect the status of the neutral State;
2. Avoid any act that will directly or indirectly
Q: What is a neutralist policy?
involve it in their conflict and to submit to any

lawful measure it may take to maintain or Q: What is the Doctrine of Free Ships Make Free
protect its neutrality. Goods?
Q: What are some restraints on neutral States? A: A ships nationality determines the status of its
cargo. Thus, enemy goods on a neutral ship,
A: The following are some restraints: excepting contraband, would not be subject to
1. Blockade capture on the high seas.
2. Contraband of war
3. Free ships make free goods Q: What is the concept of Visit and Search?
Q: What is a blockade? A: Belligerent warships and aircraft have the right to

visit and search neutral merchant vessels on the high
A: It is a hostile operation by means of which vessels seas to determine whether they are in any way
and aircraft of one belligerent prevent all other connected with the hostilities.
vessels, including those of neutral States, from
entering or leaving the ports or coasts of the other Q: What is unneutral service?
belligerent, the purpose being to shut off the place
from international commerce and communications A: It consists of acts, of a more hostile character than
with other States. carriage of contraband or breach of blockade, which
are undertaken by merchant vessels of a neutral
Q: What is contraband? State in aid of any of the belligerents.
A: It refers to goods which, although neutral Q: What is the Right of Angary?

property, may be seized by a belligerent because they
are useful for war and are bound for a hostile A: By the right of angary, a belligerent may, upon
destination. payment of just compensation, seize, use or destroy,
in case of urgent necessity for purposes of offenses or
They may be absolute, such as guns or ammunition, defense, neutral property found in enemy territory,
which are useful for war under all circumstances; or on the high seas.
conditional, such as food and clothing, which have
both civilian and military utility; or under the free list, Q: What are the requisites before Right of Angary
such as medicines, which are exempt from the law on may be exercised?
contraband for humanitarian reasons.
A:
Q: What is the Doctrine of Continuous Voyage? 1. That the property is in the territory under the
control or jurisdiction of the belligerent;
A: The Doctrine of Continuous Voyage says that 2. That there is urgent necessity for the taking; and
goods which are to be delivered to a neutral port 3. That just compensation is paid to the owner.
cannot be deemed as contraband of war.
Q: When is neutrality terminated?
Q: What is the Doctrine of Infection?
A: Neutrality is terminated when the neutral State
A: Innocent goods shipped with contraband may also itself joins the war or upon the conclusion of peace.
be seized.
LAW OF THE SEA
Q: What is the Doctrine of Ultimate Consumption?
Q: What is the International Law of the Sea (ILS)?
A: Goods intended for civilian use which may
ultimately find their way to and be consumed by A: A body of treaty rules and customary norms
belligerent forces may be seized on the way. governing the uses of the sea, the exploitation of its
resources, and the exercise of jurisdiction over
Q: What is the Doctrine of Ultimate Destination? maritime regimes.
A: The liability of the contraband from being captured Q: What is the United Nations Convention on the
is determined not by their ostensible but by their real Law of the Sea (UNCLOS)?
destination.

A: It defines the rights and obligations of nations in a. Does not exceed 24 nautical miles closing
their use of the worlds oceans, establishing rules for line may be drawn between these two low-
business, the environment and the management of water marks, and the waters enclosed
marine natural resources. thereby shall be considered as internal
waters. (Article 10 [4], UNCLOS)
Q: What is the mare liberum principle or the Free b. Exceeds 24 nautical milesstraight baseline
Sea or Freedom of the Sea? of 24 nautical miles shall be drawn within
the bay in such a manner as to enclose the
A: It means international waters are free to all maximum area of water that is possible with
nations and belongs to none of them. a line of that length. (Article 10 [5], UNCLOS)
BASELINES Note: This relates only to bays the coasts of which belong
to a single State and does not apply to historic bays
Q: What is a baseline? (Article 10 (1), UNCLOS)
A: It is a line from which the breadth of the territorial Q: What is a bay?

sea, the contiguous zone and the exclusive economic
zone is measured in order to determine the maritime A: It is a well-marked indentation whose penetration
boundary of the coastal State. is in such proportion to the width of its mouth as to
contain land-locked waters and constitute more than
a mere curvature of the coast. (Article 10 (2),
UNCLOS)
Note: The indentation shall not be regarded as a bay unless

its area is as large as, or larger than, that of the semi-circle
whose diameter is a line drawn across the mouth of that
indentation. (Ibid)
ARCHIPELAGIC STATES
Q: What is an archipelago?
A: It means a group of islands, including parts of

islands, interconnecting waters and other natural
features which are so closely interrelated that such
islands, waters and other natural features form an
intrinsic geographical, economic and political entity,
or which historically have been regarded as such
(Article 46, UNCLOS)
Q: What is an Archipelagic State?

Q: How is the normal baseline determined?
A: A state constituted wholly by one or more
A: It is the low-water line along the coast as marked archipelagos and may include other islands. (Article
on large-scale charts officially recognized by the 46, UNCLOS)
coastal state. (Article 5, UNCLOS)
STRAIGHT ARCHIPELAGIC BASELINES
Q: How is a baseline formed in the following?
Q: How may an archipelagic State draw straight
A: archipelagic Baselines?
1. Mouths of Rivers If a river flows directly into
the sea, the baseline shall be a straight line A: By joining the outermost points of the outermost
across the mouth of the river between points on islands and drying reefs of the archipelago provided
the low-water line of its banks. (Article 9, UNLOS) that within such baselines are included the main
2. Bays Where the distance between the low- islands and an area in which the ration of the water
water marks of the natural entrance points: to the area of the land, including atolls, is between 1
to 1 and 9 to 1. (Article 47, UNCLOS)

Q: What are the some of the guidelines in drawing their air space, bed and subsoil and the resources contained
archipelagic baselines? therein. (Article 49[4], UNCLOS)
A: ARCHIPELAGIC WATERS
1. The length of such baselines shall not exceed 100
nautical miles, except that up to 3 per cent of the Q: What are archipelagic waters?
total number of baselines enclosing any
archipelago may exceed that length, up to a A: These are waters enclosed by the archipelagic
maximum length of 125 nautical miles. (Article 47 baselines, regardless of their depth or distance from
[2], UNCLOS) the coast. (Article 49[1], UNCLOS)
2. The drawing of such baselines shall not depart to
any appreciable extent from the general Q: Does sovereignty of the archipelagic state extend
configuration of the archipelago. (Article 47[3], to the archipelagic waters?
UNCLOS)
3. Such baselines shall not be drawn to and from A: Yes, but is subject to the right of innocent passage
low tide elevations (Article 47[4], UNCLOS) which is the same nature as the right of innocent
passage in the territorial sea. (Article 49[1] in relation
Note: Unless lighthouses or similar installations which to Article 52[1], UNCLOS)
are permanently above sea level have been built on
them or where a low-tide elevation is situated wholly Q: What are the other rights by which they are
or partly at a distances not exceeding the breath of the subject to?
territorial sea from the nearest island. (Ibid)
A:
4. It shall not be applied in such a manner as to cut
1. Rights under existing agreement on the part of
off from the high seas or the exclusive economic
the third states should be respected (Article
zone the territorial sea of another State. (Article
51[1], UNCLOS);
47[5], UNCLOS)
2. The traditional fishing rights and other legitimate
5. If a part of the archipelagic water of an
activities of the immediately adjacent
archipelagic State lies between two parts of an
neighboring States (Ibid);
immediately adjacent neighboring State, existing
3. Existing submarine cables laid by other States
rights and all other legitimate interests which the
and passing through its waters without making a
latter State has traditionally exercised in such
windfall as well as the maintenance and
waters and all rights stipulated by agreement
replacement of such cables upon being notified
between those States shall continue and be
of their location and the intention to repair or
respected. (Article 47[6], UNCLOS)
replace them. (Article 51[2], UNCLOS)
Q: How is the breadth of the territorial sea, the
Q: Does the right of innocent passage exist in
contiguous zone, the exclusive economic zone and
archipelagic waters?
the continental shelf measured?
A: Yes. As a rule, ships of all States enjoy the right of
A: They are measured from the archipelagic baselines
innocent passage through archipelagic waters.
drawn. (Article 48, UNCLOS)
(Article 52[1}, UNCLOS)
Q: How does the sovereignty of the archipelagic
Q: May the right of innocent passage be suspended
state extend?
in some areas of its archipelagic waters?
A: It extends to the waters enclosed by the
A: Yes. But such suspension must be:
archipelagic baselines (archipelagic waters, regardless
1. Without discrimination in form or in fact among
of their depth or distance from the coast, to the air
foreign ships;
space over the archipelagic waters, as well as to their
2. Essential for the protection of its security; and
bed and subsoil and the resources contained therein.
3. Shall take effect only after having been duly
(Article 49[1], UNCLOS)
published. (Article 52[2], UNCLOS)
Note: The regime of archipelagic sea lanes passage shall not
in other respects affect the status of the archipelagic Q: Does RA 9522 (Philippine Archipelagic Baseline
waters, including the sea lanes, or the exercise by the Law) converting internal waters into archipelagic
archipelagic State of its sovereignty over such waters and waters, in subjecting these waters to the right of

innocent and sea lanes passage including overflight, treatys limitations and conditions for their exercise.
in violation of the Constitution? Significantly, the right of innocent passage is a
customary international law, thus automatically
A: Whether referred to as Philippine internal incorporated in the corpus of Philippine law. No
waters under Article I of the Constitution or as modern State can validly invoke its sovereignty to
archipelagic waters under UNCLOS III (Article 49 absolutely forbid innocent passage that is exercised in
[1]), the Philippines exercises sovereignty over the accordance with customary international law without
body of water lying landward of the baselines, risking retaliatory measures from the international
including the air space over it and the submarine community.
areas underneath. UNCLOS III affirms this:
The fact that for archipelagic States, their archipelagic
Article 49. Legal status of archipelagic waters, of waters are subject to both the right of innocent
the air space over archipelagic waters and of their passage and sea lanes passage does not place them in
bed and subsoil. lesser footing vis--vis continental coastal States
1. The sovereignty of an archipelagic State which are subject, in their territorial sea, to the right
extends to the waters enclosed by the of innocent passage and the right of transit passage
archipelagic baselines drawn in accordance through international straits. The imposition of these
with article 47, described as archipelagic passage rights through archipelagic waters under
waters, regardless of their depth or distance UNCLOS III was a concession by archipelagic States, in
from the coast. exchange for their right to claim all the waters
2. This sovereignty extends to the air space over landward of their baselines, regardless of their depth
the archipelagic waters, as well as to their or distance from the coast, as archipelagic waters
bed and subsoil, and the resources contained subject to their territorial sovereignty. More
therein. importantly, the recognition of archipelagic States
xxx archipelago and the waters enclosed by their
4. The regime of archipelagic sea lanes passage baselines as one cohesive entity prevents the
established in this Part shall not in other treatment of their islands as separate islands under
respects affect the status of the archipelagic UNCLOS III. Separate islands generate their own
waters, including the sea lanes, or the maritime zones, placing the waters between islands
exercise by the archipelagic State of its separated by more than 24 nautical miles beyond the
sovereignty over such waters and their air States territorial sovereignty, subjecting these waters
space, bed and subsoil, and the resources to the rights of other States under UNCLOS III. (Ibid.)
contained therein.
ARCHIPELAGIC SEA LANES PASSAGE
The fact of sovereignty, however, does not preclude
the operation of municipal and international law Q: What is the Right of Archipelagic Sea Lanes
norms subjecting the territorial sea or archipelagic Passage?
waters to necessary, if not marginal, burdens in the
interest of maintaining unimpeded, expeditious A: It is the right of foreign ships and aircraft to have
international navigation, consistent with the continuous, expeditious and unobstructed passage in
international law principle of freedom of navigation. sea lanes and air routes through or over the
Thus, domestically, the political branches of the archipelagic waters and the adjacent territorial sea of
Philippine government, in the competent discharge of the archipelagic state, in transit between one part of
their constitutional powers, may pass legislation the high seas or an exclusive economic zone. All
designating routes within the archipelagic waters to ships and aircraft are entitled to the right of
regulate innocent and sea lanes passage. (Prof. archipelagic sea lanes passage. (Magallona, 2005;
Magallona, et al. v. Ermita, et al., G. R. No. 187167, Article 53[1] in relation with Article 53[3], UNCLOS)
Aug. 16, 2011)
Q: What are included in the sea lanes and air
Q: Suppose there is no municipal legislation, what routes?
will govern innocent passage of rights?
A: It shall traverse the archipelagic waters and the
A: In the absence of municipal legislation, adjacent territorial sea and shall include all normal
international law norms, now codified in UNCLOS III, passage routes used as routes for international
operate to grant innocent passage rights over the navigation or overflight through or over archipelagic
territorial sea or archipelagic waters, subject to the waters and, within such routes, so far as ships are

concerned, all navigational channels, provided that archipelago, regardless of their breadth and
duplication of routes of similar convenience between dimensions form part of the internal waters of the
the same entry and exit points shall not be Philippines.
necessary.(Article 53[4], UNCLOS)
INTERNAL WATERS
Q: How are sea lanes designated or substituted for
the purpose of archipelagic sea lanes passages? Q: What are internal waters?
A: The archipelagic State shall refer proposals to the A: These are waters of lakes, rivers and bays
competent international organization (International landward of the baseline of the territorial sea. Waters
Maritime Organization). The IMO may adopt only on the landward side of the baseline of the territorial
such sea lanes as may be agreed with the archipelagic sea also form part of the internal waters of the
State, after which the archipelagic State may coastal state. However, in the case of archipelagic
designate, prescribe or substitute them. (Magallona, states, waters landward of the baseline other than
2005; Article 53[9], UNCLOS) those of rivers, bays, and lakes, are archipelagic
waters. (Magallona, p. 409; Article 8 [1], UNCLOS)
Q: How will the archipelagic sea lanes passage be
designated should the archipelagic State not Q: How is the delimitation of internal waters?
designate sea lanes?
A: Within the archipelagic waters, the Archipelagic
A: The right of archipelagic sea lanes passage may be State may draw closing lines for the delimitation of
exercised through the routes normally used for internal waters (Article 50, in relation with 9, 10, 11,
international navigation. (Article 53[12], UNCLOS) UNCLOS)
Q: Are warships, including submarines, entitled to Q: Does the coastal state have the sovereignty over
the right of archipelagic sea lanes passage? its internal waters?
A: Yes. All ships are entitled to the right. Submarines A: Yes, as if internal waters were part of its land
are not required to surface in the course of his territory. (Magallona, p. 410; Article 50, UNCLOS)
passage unlike the exercise of right of innocent
passage in the territorial sea. (Magallona, 2005; Q: Is there a right of innocent passage through
Article 20 in relation to Article 53[3], UNCLOS) internal waters?
Q: Is archipelagic lanes passage similar to transit A:

passage? GR: No, it applies only to territorial sea and the
archipelagic waters. (Magallona, 2005; Article8[2],
A: Yes. Both define the rights of navigation and UNCLOS)
overflight in the normal mode solely for the purpose
of continuous, expeditious and unobstructed XPN: A coastal state may extend its internal
transit. In both cases, the archipelagic state cannot waters by applying the straight baseline
suspend passage (Magallona, 2005, p. 459; Articles method in such a way as to enclose as its
44 and 54, UNCLOS) internal waters areas which are previously
part of the territorial sea. It also applies to
Q: What is the archipelagic doctrine? Is this reflected straits used for international navigation
in the 1987 Constitution? converted into internal waters by applying
the straight baselines method. Thus, the
A: The archipelagic doctrine emphasizes the unity of right of innocent passage continues to exist
land and waters by defining an archipelago either as a in the extended internal waters.
group of islands surrounded by waters or a body of (Magallona, 2005; Article 8[2], UNCLOS)
water studded with islands.
TERRITORIAL SEA
Article I, Sec. 1 of the 1987 Constitution provides
that the national territory of the Philippines includes Q: What is the breadth of the territorial sea?
the Philippine archipelago, with all the islands and
waters embraced therein; and the waters around, A: Every State has the right to establish the breadth
between and connecting the islands of the of the territorial sea up to a limit not exceeding 12

nautical miles, measured from baselines. (Article 3, entering internal waters, or of proceeding to internal
UNCLOS) waters, or making for the high seas from internal
waters, as long as it is not prejudicial to the peace,
Q: What is the outer limit of the territorial sea? good order or security of the coastal State. (Articles
18 [1][2], 19[1], UNCLOS)
A: It is the line every point of which is at a distance
from the nearest point of the baseline equal to the Q: When is the right of innocent passage considered
breadth of the territorial sea. (Article 4, UNCLOS) prejudicial?
Q: Distinguish briefly but clearly between the A: If the foreign ship engages in the following
territorial sea and the internal waters of the activities:
Philippines. (2004 Bar Question) 1. Any threat or use of force against the
sovereignty, territorial integrity or political
A: Territorial water is defined by historic right or independence of the coastal State, or in any
treaty limits while internal water is defined by the other manner in violation of the principles of
archipelago doctrine. The territorial waters, as international law embodied in the Charter of the
defined in the Convention on the Law of the Sea, has United Nations;
a uniform breadth of 12 miles measured from the 2. Any exercise or practice with weapons of any
lower water mark of the coast; while the outermost kind;
points of our archipelago which are connected with 3. Any act aimed at collecting information to the
baselines and all waters comprised therein are prejudice of the defense or security of the
regarded as internal waters. coastal State;
4. Any act aimed at collecting information to the
Q: Give the importance of the distinction between prejudice of the defense or security of the
internal waters and territorial sea. coastal State;
5. Any act of propaganda aimed at affecting the
A: In the territorial sea, a foreign State can claim for defense or security of the coastal State;
its ships the right of innocent passage, whereas in the 6. The launching, landing or taking on board of any
internal waters of a State no such right exists. aircraft;
(Salonga & Yap, 1992) 7. The launching, landing or taking on board of any
military device;
Q: What are the methods used in defining territorial 8. The loading or unloading of any commodity,
sea? currency or person contrary to the customs,
fiscal, immigration or sanitary laws and
A: regulations of the coastal State;
1. Normal baseline method the territorial sea is 9. Any act of willful and serious pollution contrary
simply drawn from the low-water mark of the the Convention;
coast, to the breadth claimed, following its 10. Any fishering activities;
sinuousness and curvatures but excluding the 11. The carrying out of research or survey activities;
internal waters in the bays and gulfs. (Article 5, 12. Any act aimed at interfering with any systems of
UNCLOS) communication or any other facilities or
2. Straight baseline method where the coastline is installations of the coastal State;
deeply indented and cut into, or if there is a 13. Any other activity not having a direct bearing on
fringe of islands along the coast in its immediate passage. (Article 19 [2], UNCLOS)
vicinity, the method of straight baselines joining
appropriate points may be employed in drawing Q: What are the laws and regulations of the coastal
the baseline from which the breadth of the State relating to innocent passage that it may
territorial sea is measure. (Article. 7, UNCLOS) adopt?
Note: The Philippines uses this method in drawing A: It may adopt laws and regulations in respect of all
baselines. or any of the following:
1. Safety of navigation and the regulation of
Q: Explain the right of innocent passage. (1991 Bar maritime traffic;
Question) 2. Protection of navigational aids and facilities and
other facilities or installations;
A: It means navigation through the territorial sea of a 3. Protection of cables and pipelines;
State for the purpose of traversing the sea without

4. Conservation of the living resources of the sea; duly commissioned by the government of the State
5. Prevention of infringement of the fisheries laws and whose name appears in the appropriate service
and regulations of the coastal State; list or its equivalent, and manned by a crew which is
6. Preservation of the environment of the coastal under regular armed forces discipline. (Article 29,
State and the prevention, reduction and control UNCLOS)
of pollution thereof;
7. Marine Scientific research and hydrographic Q: Are warships allowed innocent passage through
surveys; the territorial sea?
8. Prevention of infringement of the customs, fiscal,
immigration or sanitary laws and regulations of A: Yes. The right of innocent passage pertains to all
the coastal State. (Article 21[1], UNCLOS) ships, including warships. (Magallona, Fundamentals
of Public International Law, (2005), p. 409)
Note: It shall not however, apply to the design,
construction, manning or equipment of foreign ships Q: What are the duties of the coastal State with
unless they are giving effect to generally accepted
regard to innocent passage of foreign ships?
international rules or standards. (Article 21[2],
UNCLOS)
A: The Coastal State shall:
Q: What are the rules for the following vehicles 1. Not hamper the innocent passage of the foreign
when traversing the territorial sea through the right ships through its territorial sea;
of innocent passage? 2. Not impose requirements on foreign ships which
have the practical effect of denying or impairing
A: the right of innocent passage;
1. Submarines and other underwater vehicles - They 3. Not discriminate in form or in fact against the
are required to navigate on the surface and to ships of any State or against ships carrying
show their flag. (Article 20, UNCLOS) cargoes to, from or on behalf of any State; and
4. Give appropriate publicity to any danger to
2. Foreign nuclear-powered ships and ships carrying navigation, of which it has knowledge, within its
nuclear or other inherently dangerous or noxious territorial sea. (Article 24, UNCLOS)
substances They must carry documents and
observe special precautionary measures Q: What are the rights of protection of the coastal
established for such ships by international State?
agreements. They may be required to confine
their passage on sea lanes prescribed by the A: Coastal State may:
coastal State. (Article 23, UNCLOS) 1. Take the necessary steps in its territorial sea to
prevent passage which is not innocent; (Article
3. Warships 24[1], UNCLOS)
a. Coastal State may require that it leave the 2. Take the necessary steps to prevent any breach
territorial sea immediately when it does not of the conditions to which admission of ships to
comply with the laws and regulations of the internal waters or such a call is subject; (Article
coastal State and disregards compliance 24[2], UNCLOS)
(Article 30, UNCLOS) 3. Without discrimination in form or in fact among
b. Flag State shall bear international foreign ships, suspend temporarily in specified
responsibility for any loss or damage to the areas of its territorial sea the innocent passage of
coastal State resulting from non-compliance foreign ships if such suspension is essential for
with the laws and regulations of the coastal the protection of its security, including weapon
State concerning passage. (Article 31, exercises. (Article 24[3], UNCLOS)
UNCLOS)
Q: May charges be levied upon foreign ships?
Note: This will not affect the immunities of
warships and other government ships operated
A: No charge may be levied upon foreign ships by
for non-commercial purpose. (Article 32, UNCLOS)
reason only of their passage through the territorial
Q: What is a warship? sea. (Article 26[1], UNCLOS)
Note: Charges may be levied only as payment for specific

A: It is a ship belonging to the armed forces of a State
services rendered to the ship which shall be levied without
bearing the external marks distinguishing such ships
discrimination. (Article 26[2], UNCLOS)
of its nationality, under the command of an officer

Q: May criminal jurisdiction be exercised by the such control as is necessary to (1) prevent
coastal State? infringement of its customs, fiscal, immigration, or
sanitary laws within its territory or its territorial sea
A: or (2) to punish such infringement. The contiguous
GR: Criminal jurisdiction of the coastal State should zone may not extend more than 24 nautical miles
not be exercised on board a foreign ship passing beyond the baseline from which the breadth of the
through the territorial sea to arrest any person or to territorial sea is measured (twelve nautical miles from
conduct any investigation in connection with any the territorial sea [Article 33, UNCLOS).
crime committed on board the ship during its
passage. Q: Does the coastal state have sovereignty over the
contiguous zone?
XPNs:
1. Consequence of the crime extend to the A: No, the contiguous zone is a zone of jurisdiction for
coastal State; a particular purpose, not of sovereignty. (Magallona,
2. Crime is of a kind to disturb the peace of 2005, p. 411)
the country or the good order of the
territorial sea Q: Is the contiguous zone appurtenant to the
3. Assistance of local authorities has been territory of the coastal state?
requested by the master of the ship or
by a diplomatic agent or consular officer A: No. The coastal state must make a claim to its
of the flag State; or contiguous zone for pertinent rights to exist. (Ibid,
4. Measures are necessary for the citing Article 33, UNCLOS)
suppression of illicit traffic in narcotic
drugs or psychotropic substances Q: What is the extent of the contiguous zone?
A: The coastal state may not extend its contiguous
Note: Such does not affect the right of the coastal State to
take any steps authorized by its laws for the purpose of an zone beyond the 24 nautical miles from the baseline
arrest or investigation on board a foreign ship passing (from which the breadth of the territorial sea is
through the territorial sea after leaving internal waters. measured) (Article 33 [1], UNCLOS)
Q: What is transit passage?
Q: May civil jurisdiction be exercised by the Coastal
State? A: It is the right to exercise freedom of navigation
and overflight solely for the purpose of continuous
A: Yes it may. Subject to the following exceptions: and expeditious transit through the straits used for
1. It should not stop or divert a foreign ship passing international navigation, i.e., between two areas of
through the territorial sea for the purpose of the high seas or between two exclusive economic
exercising civil jurisdiction in relation to a person zones. All ships and aircraft enjoy the right of transit
on board the ship (Article 28[1], UNCLOS) passage. The requirement of continuous and
2. It may not levy execution against or arrest the expeditious transit does not preclude passage
ship for the purpose of any civil proceedings, through the strait for the purpose of entering, leaving
save only in respect of obligations or liabilities or returning from a State bordering the strait, subject
assumed or incurred by the ship itself in the to the conditions of entry to that State. (Magalona,
course or for the purpose of its voyage through 2005; Article 38[2], UNCLOS)
the waters of the coastal State. (Article 28[2],
UNCLOS) Q: When does Right of transit passage not
applicable?
Note: It is without prejudice to the right of the Coastal
State, in accordance with its laws, to levy execution
against or to arrest, for the purpose of any civil A: If there exists seaward of the island a route
proceedings, a foreign ship lying in the territorial sea, through the high seas or through an exclusive
or passing through the territorial sea after leaving economic zone of similar convenience with respect to
internal waters. (Article 28[3], UNCLOS) navigational and hydrographical characteristics.
Q: What is the contiguous zone?
Q: Distinguish the right of innocent from transit
A: The contiguous zone is the zone adjacent to the passage.
territorial sea, which the coastal State may exercise

A: b. With respect to the other activities for

INNOCENT PASSAGE TRANSIT PASSAGE the economic exploitation and
Pertains only to navigation Includes right of exploration of the EEZ, such as
of ships overflight production of energy from water,
Requires submarine and No requirement currents and winds;
other underwater vehicles specially applicable to
to navigate on the surface submarines 2. Jurisdictional rights:
and to show their flag a. With respect to establishment and use
Can be suspended Cannot be suspended of artificial islands;
In designation of sea lanes Designation of sea lanes b. As to protection and preservation of the
and traffic separation and traffic separation marine environment; and
schemes, the coastal State schemes is subject to c. Over marine scientific research
shall only take account of adoption by competent
the recommendations of international 3. Other rights and duties provided for in the Law of
the competent organization upon the Sea Convention. (Article 56, Law of the Sea
international organization proposal and Convention)(2005, 2004 Bar Question)
agreement of States
bordering the straits. Q: Distinguish the contiguous zone from exclusive
economic zone. (2004 Bar Question)
Note: The coastal State may, without discrimination in form
or in fact among foreign ships, suspend temporarily in A: The contiguous zone is known as the protective
th
specified areas of its territorial sea the innocent passage of jurisdiction and starts from the 12 nautical mile form
foreign ships if such suspension is essential for the low water from the baseline, while the exclusive
protection of its security, including weapons exercises. th
economic zone ends at the 200 nautical mile from
Such suspension shall take effect only after having been the baseline. In the former, the coastal state may
duly published (Part II Territorial Sea and Contiguous Zone, exercise the control necessary to (1) prevent
Art. 25(3) UNCLOS)
infringement of its customs, fiscal, immigration, or
sanitary laws within its territory or its territorial sea
Q: What is the Thalweg doctrine?
or (2) punish such infringement; while in the latter,
no state really has the exclusive ownership of it, but
A: It provides that for boundary rivers, in the absence
the state which has a valid claim on it according to
of an agreement between the riparian States, the
the UN Convention on the Law of the Seas has the
boundary line is laid in the middle of the main
right to explore and exploit its natural resources.
navigable channel.
Q: What are the two primary obligations of coastal
EXCLUSIVE ECONOMIC ZONE
states over the exclusive economic zone?
Q: What is the exclusive economic zone?
A:
1. Proper conservation and management measures
A: It gives the coastal State sovereign rights overall that the living resources of the EEZ are not
economic resources of the sea, sea-bed and subsoil in subjected to overexploitation;
an area extending not more than 200 nautical miles
2. Promote the objective of optimum utilization
beyond the baseline from which the territorial sea is of the living resources. (Magallona, p. 417,
measured. (Magallona, 2005, p. 416; Articles 55 & 57, (Article 61[2], 62[1] UNCLOS)
UNCLOS))
Q: May the coastal State inspect and arrest a ships
Q: What are the rights of the coastal state in the crew in its EEZ?
Exclusive Economic Zone?
A: Yes. The coastal State may board, and inspect a
A:
ship, arrest a ship and its crew and institute judicial
1. Sovereign rights: proceedings against them. Arrested vessels and their
a. For the purpose of exploring and crews may be required to post reasonable bond or
exploiting, conserving and managing the
any other form of security. However, they must be
living and non-living resources in the promptly released upon posting of bond.
super adjacent waters of the sea-bed
and the resources of the sea-bed and
subsoil;

In the absence of agreement to the contrary by the This however shall not apply in case of a coastal State
States concerned, the United Nations Convention on whose economy is overwhelmingly dependent on the
the Laws of Sea (UNCLOS) does not allow exploitation of the living resources of its EEZ. (Article
71, UNCLOS)
imprisonment or any other form of corporal
punishment. However, in cases of arrest and
detention of foreign vessels, it shall promptly notify CONTINENTAL SHELF
the flag state of the action taken.
Q: What are the two categories of continental shelf?
Q: What are land-locked States?
A: The two categories are:
A: These are states which do not border the seas and 1. Continental shelf
do not have EEZ. (Magallona, 2005) a. Geological continental shelf
b. Juridical/Legal Continental Shelf
Q: What are geographically disadvantaged states? 2. Extended Continental Shelf
A: These are:
1. Coastal states which can claim no EEZ of their
own; and
2. Coastal states, including states bordering closed
or semi-closed states, whose geographical
situations make them dependent on the
exploitation of the living resources of the EEZ of
other coastal states in the region. (Magallona,
2005, Article 70[2], UNCLOS)
Q: What are the rights of land-locked states and

geographically disadvantaged states?
A:
1. Land-locked States shall have the right to
participate, on an equitable basis, the
exploitation of an appropriate part of the surplus
of the living resources of the exclusive economic
zones of coastal States of the same sub region or
region, taking into account the relevant
economic and geographical circumstances of all Q: What is the geological continental shelf?
States concerned. (Article 69[1], UNCLOS)
A: It comprises the entire prolongation of the coastal
2. Developed land-locked States shall be entitled to states land mass and extends up to the outer edge of
participate in the exploitation of living resources the continental margin. It starts from the baseline
only in the exclusive economic zones of from which the territorial sea is measured and has its
developed coastal States of the same sub region outer limit at the outer edge of the continental
or region having regard to the extent to which margin which may extend beyond the 200 nautical
the coastal State, in giving access to other States miles from the baseline, or may fall short of that
to the living resources of its exclusive economic distance. (Magallona, 2005, p. 432)
zone, has taken into account the need to
minimize detrimental effects on fishing Q: What is the continental shelf (Juridical/Legal
communities and economic dislocation in States Continental Shelf)?
whose nationals have habitually fished in the
zone. (Article 70[1], UNCLOS) A: It comprises the sea-bed and subsoil of the
submarine areas that extend beyond its territorial sea
Note: This is without prejudice to arrangements
throughout the natural prolongation of its land
agreed upon in sub region or regions where the
territory to the outer edge of the continental margin
coastal State may grant to land-locked States of the
same sub region or region equal or preferential rights or to a distance of 200 nautical miles beyond the
for the exploitation of the living resources in the EEZ. baselines from which the breadth of the territorial
(Article 70[4], UNCLOS) sea is measured if the edge of the continental margin

does not extend up to that distance. (Article 76[1], Note: Under Presidential Proclamation No. 370, the
UNCLOS) continental shelf has no such legal limit. It extends outside
the area of the territorial sea to where the depth of the
Note: The rights of the Coastal State over the continental superjacent waters admits of the exploitation of such
shelf do not depend on occupation, effective or notional, or natural resources. In this case, exploitation of resources
on any express proclamation. (Article 77[3], UNCLOS) may go beyond the 200 nautical miles.
Q: How are the two shelves unified? EXTENDED CONTINENTAL SHELF
A: The UNCLOS unifies the two shelves into one by Q: What is the Extended Continental Shelf?
providing that the continental shelf extends to the
breadth of either shelf, whichever is the farthest. A: It is that portion of the continental shelf that lies
(Magallona, p. 434; Article 76[1][4], UNCLOS) beyond the 200 nautical miles limit in the
juridical/legal continental Shelf. (Ibid)
Q: What is the continental margin?
Q: What is the Benham Plateau?
A: It is the submerged prolongations of the land mass
of the coastal state, consisting of the continental A: Also known as the Benham Rise, it is an area
shelf proper, the continental slope and the currently claimed, as part of its continental shelf, by
continental rise. It does not include the deep ocean the Republic of the Philippines. It has lodged its claim
floor with its ocean ridges or the subsoil. (Article on the area with the United Nations Commission on
76[3] , UNCLOS) the Limits of the Continental Shelf on April 8, 2009. (A
Partial Submission of Data and Information on the
Q: May the Continental Shelf extend farther that the Outer Limits of the Continental Shelf of the Republic
continental margin? of the Philippines pursuant to Article 76(8) of the
UNCLOS)
A: Yes, wherever the margin does not extend beyond
Note: The UNCLOS already approved the claim of the
the 200 nautical miles from the baseline. (Magallona,
Philippines that the Benham Plateau is part of Philippine
p. 429, Article 76[1], UNCLOS) Territory in April 2012.
Q: May the Continental Margin extend beyond the Q: What are the sovereign rights of a coastal State
200 nautical mile? over the continental shelf?
A: Yes, the coastal State shall establish the outer edge A: The sovereign rights include:
of the continental margin wherever the margin
extends beyond the 200 nautical miles from the 1. Right to explore and exploit its natural resources;
baselines. In establishing the Continental Margin it (Article 77[1], UNCLOS)
shall either use:
1. A line drawn by reference to points no more than Note: This right is exclusive. Should the Coastal State
60 nautical miles form the foot of the continental not explore or exploit the natural resources, no one
slope, or may undertake these activities without the express
2. A line drawn by reference to points at which the consent of the coastal State. (Article 77[2], UNCLOS)
thickness of sediments is less than one percent of Natural resources include mineral and other non-living
the distance to the base of the continental slope. resources of the seabed and subsoil together with
(Article 76[4], UNCLOS) living organisms belonging to sedentary species.
Q: What is the permissible breadth of the
Exploitation of the non-living resources of the
continental shelf?
continental shelf beyond 200 nautical miles would
entail the Coastal State to make payments or
A: Under the said UN Convention, it extends to a contributions in kind which shall be made annually
distance not extending 200 nautical miles from the with respect to all production at site after the first five
baselines. However, if the coastal State succeeds in years of production and 1% of the value or volume of
its application for an extended continental shelf, it production at the site at the sixth year. It shall increase
th
may extend to not more than 350 nautical miles. by 1% for each subsequent year until the 12 year
(Article 76[1][5], UNCLOS) where it shall remain at 7%. (Article 82[1][2], UNCLOS)

XPN: Developing State which is a net importer of a Q: What are high or open seas?
mineral resource produced from its continental shelf.
(Article 82[3], UNCLOS) A: The waters which do not constitute the internal
waters, archipelagic waters, territorial sea and
2. To lay submarine cables and pipelines on the exclusive of the economic zone of a state. They are
continental shelf; (Article 79[1], UNCLOS) beyond the jurisdiction and sovereign rights of states.
(Article 86, UNCLOS)
Note: State may make reasonable measures for the
prevention, reduction and control of pollution from
pipelines. The laying of cables is limited by the right of It is treated as res communes or res nullius, and thus,
the coastal state to take measures in exploring its are not part of the territory of a particular State.
continental shelf, exploiting the natural resources, and (Article 89, UNCLOS)
the protection of the marine environment from
pollution. (Article 79, UNCLOS) Q: What are the freedoms of the high seas?
3. Artificial islands, installations and structures on A: These are the freedom of:
the continental shelf; (Article 80, UNCLOS) 1. Navigation
2. Overflight
Note: Exclusive right to construct, to authorize the
3. To lay submarine cables and pipelines
construction, operation and use of artificial islands and
installations. Jurisdiction is also exclusive. (Article 80, 4. To construct artificial islands and other
UNCLOS) installations permitted under international law
5. Fishing
4. Marine scientific research (Article 246[1] , 6. Scientific research (Article 87[1] in relation to
UNCLOS) Article 90, UNCLOS)
Note: May be conducted only with consent. Beyond Note: This is open to all States and shall be exercised with
the 200 nautical mile, the coastal State cannot due regard for the interests of other States in their exercise
withhold consent to allow research on the ground that of the freedom of the high seas. (Article 87[2], UNCLOS)
the proposed research project has direct significance
to exploration or exploitation of natural resources. Q: What is flag State?
(Article 246[2][6], UNCLOS)
A: It refers to the State whose nationality the ship
5. Right to authorize and regulate drilling on the possesses; for it is nationality which gives the right to
continental shelf for all purposes (Article 81, fly a countrys flag. (Salonga & Yap, 1992) In the high
UNCLOS) seas, a state has exclusive jurisdiction over ships
sailing under its flag. It is required however, that
Note: This right is exclusive.
there exists a genuine link between the State and the
Q: What is the effect of the rights of the coastal ship. (Article 91[1], 92[2], UNCLOS)
State over the continental shelf on the superjacent
waters and airspace? Q: Does a flag state have the duty to render
assistance in distress?
A: It does not affect the legal status of the
superjacent waters or of the air space above those A: Yes, in the sense that it shall require the master of
waters and such exercise of right must not infringe or the ship, without serious danger to the ship, crew or
result in unjustifiable interference with navigation passengers, to render assistance to any person at sea
and other rights and freedoms of other States. in danger of being lost, or to rescue persons in
(Article 78[1][2], UNCLOS) distress. It shall require the master to assist the other
ship after a collision or its crew and passengers.
Q: What is an island? (Article 98, UNCLOS)
A: It is a naturally formed area of land, surrounded by Q: What laws apply to vessels sailing in the high
water, which is above water at high tide. seas?
Q: Is the continental shelf of an island recognized? A:

GR: Vessels sailing on the high seas are subject only
A: Yes. However, rocks which cannot sustain human to international law and to the laws of the flag State.
habitation or economic life shall have no continental
shelf or EEZ.

XPN: However, the arrest or boarding of a vessel authorized to fly its flag and to prevent the unlawful
sailing in the high seas may be made by a State, use of the flag for that purpose. Any slave taking
other than the flag-State of such vessel, in the refuge on board any ship, whatever its flag, shall ipso
following instances: facto be free. (Article 99, UNCLOS)
1. A foreign merchant ship by the coastal State
in its internal waters, the territorial sea and Q: What is the doctrine of hot pursuit?
the contiguous zones for any violation of its
laws. A: It provides that the pursuit of a vessel maybe
2. A foreign merchant ship for piracy. undertaken by the coastal State which has good
3. Any ship engaged in the slave trade. reason to believe that the ship has violated the laws
4. Any ship engaged in unauthorized and regulations of that State.
broadcasting.
5. A ship without nationality, or flying a false Q: What are the elements of the doctrine of hot
flag or refusing to show its flag. (Salonga & pursuit?
Yap, 1992)
A: Its elements are the following:
Q: What is flag of convenience? 1. The pursuit must be commenced when the ship
is within the internal waters, territorial sea or the
A: It refers to foreign flag under which a merchant contiguous zone of the pursuing State, and may
vessel is registered for purposes of reducing only be continued outside if the pursuit has not
operating costs or avoiding government been interrupted
regulations.(Magallona, Fundamentals of Public 2. It is continuous and unabated
International Law, (2005), p.465) 3. Pursuit conducted by a warship, military aircraft,
or government ships authorized to that effect.
Q: A crime was committed in a private vessel
registered in Japan by a Filipino against an Q: What is arrival under stress?
Englishman while the vessel is anchored in a port of
State A. Where can he be tried? A: It refers to involuntary entrance of a foreign vessel
on another states territory which may be due to lack
A: Under both the English and French rules, the crime of provisions, unseaworthiness of the vessel,
will be tried by the local State A, if serious enough as inclement weather, or other case of force majeure,
to compromise the peace of its port; otherwise by the such as pursuit of pirates.
flag State, Japan if it involves only the members of
the crew and is of such a petty nature as not to Q: What is piracy under the UNCLOS?
disturb the peace of the local State.
A: Piracy consists of any of the following acts:
Note: In the French rule, it recognizes the jurisdiction of the 1. Illegal acts of violence or detention, or any act of
flag country over crimes committed on board the vessel depredation, committed for private ends by the
except if the crime disturbs the peace, order and security of crew or the passengers of a private ship or a
the host country. In English rule, the host country has
private aircraft and directed:
jurisdiction over the crimes committed on board the vessel
a. On the high seas, against another ship
unless they involve the internal management of the vessel.
or aircraft, or against persons or
Q: When may a State exercise jurisdiction on open property on board such ship or aircraft
seas? b. Against a ship, aircraft, persons or
property in a place outside the
A: jurisdiction of any State
1. Slave trade 2. Act of voluntary participation in the operation of
2. Hot pursuit a ship or of an aircraft with knowledge of facts
3. Right of approach making it a pirate ship or aircraft;
4. Piracy 3. Act of inciting or of intentionally facilitating an
act described above. (Article 101, UNCLOS)
Q: What is the duty of every State in the
Note: If committed by a warship, government ship or
transportation of slaves?
governmental aircraft whose crew mutinied and taken
control of the ship or aircraft, it is assimilated to acts
A: Every state shall take effective measures to committed by a private ship or aircraft. (Article 102,
prevent and punish the transport of slaves in ships UNCLOS)

Q: Does a pirate ship or aircraft lose its nationality? A: Its jurisdiction comprises all disputes and all
applications submitted to it and all matters
A: No. A ship or aircraft retains its nationality specifically provided for in any other agreement
although it has become a pirate. (Article 104, which confers jurisdiction to the Tribunal.
UNCLOS)
Q: What are the rules with regard to membership of
Q: Do warships on the high seas enjoy immunity the Tribunal?
from jurisdiction of other states?
A:
A: Yes, they enjoy complete immunity. The 1. No two members of the Tribunal may be
jurisdiction of their flag state is exclusive. (Article 95, nationals of the same State. (Article 3[1],
UNCLOS) UNCLOS)
Q: A Filipino owned construction company with Note: Otherwise, the person shall be deemed to be a
principal office in Manila leased an aircraft national of the one in which he ordinarily exercises
civil and political rights. (Ibid)
registered in England to ferry construction workers
to the Middle East. While on a flight to Saudi Arabia
2. There should be no fewer than three members
with Filipino crew provided by the lessee, the
from each geographical group to be established
aircraft was highjacked by drug traffickers. The
by the GA. (Article 3[2] , UNCLOS)
hijackers were captured in Damascus and sent to the
3. No member of the Tribunal may exercise any
Philippines for trial. Do courts of Manila have
political or administrative function, or associate
jurisdiction over the case?
actively with or be financially interested in any of
the operations of any enterprise concerned with
A: Yes. Hijacking is actually piracy, defined in People
the exploration for or exploitation of the
v. Lol-lo (G.R. No. 17958 Feb. 27, 1922) as robbery or
resources of the sea or the seabed or other
forcible depredation in the high seas without lawful
commercial use of the sea or the seabed. (Article
authority and done animo furandi and in the spirit
7[1], UNCLOS)
and intention of universal hostility. Piracy is a crime
4. No member of the Tribunal may act as agent,
against all mankind. Accordingly, it may be punished
counsel or advocate in any case. (Article 7[2],
in the competent tribunal if any country where the
UNCLOS)
offender may be found or into which he may be
5. No member of the Tribunal may participate in
carried. The jurisdiction on piracy unlike all other
the decision of any case in which he has
crimes has no territorial limits. As it is against all, all
previously taken part as agent, counsel or
so may punish it. Nor does it matter that the crime
advocate for one of the parties, or as a member
was committed within the jurisdictional 3-mile limit
of a national or international court or tribunal, or
of a foreign State for those limits, though neutral to
in any other capacity. (Article 8[1], UNCLOS)
war, are not neutral to crimes.
6. If for some special reason a member of the
Tribunal should not sit in a particular case:
INTERNATIONAL TRIBUNAL
a. Member should inform the President of
OF THE LAW OF THE SEA
the Tribunal; (Article 8[2], UNCLOS) or
b. President should give the member
Q: What is the International Tribunal of the Law of
notice accordingly. (Article 8[3],
the Sea (ITLoS)?
UNCLOS)
A: It is an independent judicial body established by Note: Any doubt shall be resolved by decision of the
the Third United Nations Convention on the Law of majority of other members of the Tribunal present.
the Sea that adjudicates disputes arising out of the (Article 7, 8, UNCLOS)
interpretation and application of the Convention. It
was established after Ambassador Arvido Pardo Q: Do members enjoy any privilege and immunity?
Malta addressed the General Assembly of the United
Nations and called for an effective international A: Yes, they enjoy diplomatic privileges and
regime over the seabed and ocean floor beyond a immunities. (Article 10, UNCLOS)
clearly defined national jurisdiction. Its seat is in
Hamburg, Germany. Q: What is the jurisdiction of the SDC?
Q: What is the jurisdiction of the Tribunal? A: The categories of its jurisdiction are the following:

1. Disputes between State Parties concerning the MADRID PROTOCOL AND THE PARIS CONVENTION
interpretation or application. FOR THE PROTECTION OF INDUSTRIAL PROPERTY
2. Disputes between a State Party and the Authority Q: What is the Madrid Protocol?
concerning:
a. Acts or omissions of the Authority or of A: It is the Protocol relating to the Madrid Agreement
a State Party alleged to be violations of which governs the system of international
the convention; registration of marks. The system makes it possible to
b. Acts of the Authority alleged to be in protect a mark in a large number of countries by
excess of jurisdiction of a misuse of obtaining an international registration which has
power effect in each of the Contracting Parties that has been
designated.
3. Disputes between parties to a contract, being
States Parties, the Authority or the Enterprise, Q: What is the process for securing protection of
state enterprises and natural or juridical persons marks through international registration?
concerning:
a. Interpretation or application of a A:
relevant contract or a plan of work; 1. Where an application for the registration of a
b. Acts or omissions of a party to the mark has been filed with the Office of a
contract relating to activities in the Area Contracting Party or registered in the register of
and directed to the other party or the of the Office of a Contracting party, the
directly affecting its legitimate interest. person in whose name that application (basic
application) or that registration (basic
4. Disputes between the Authority and a registration) stands may, subject to the
prospective contractor who has been sponsored provisions of the Madrid Protocol, secure
by a State protection for his mark in the territory of the
Contracting Parties, by obtaining the registration
5. Disputes between the Authority and a State of that mark in the register of the International
Party, a state enterprise or a natural or juridical Bureau of the World Intellectual Property
person sponsored by a State Party Organization, provided that: where the basic
application has been filed with the Office of a
6. Any other disputes for which the jurisdiction of Contracting State or Organization or where the
the Chamber is specifically provided for in the basic registration has been made by such an
Convention. (Annex VI, Subsection 2, UNCLOS) Office, the person in whose name that
application or registration stands is a NATIONAL
Q: What are the other means established by the of that Contracting State or Organization, or is
Convention as alternative means for the settlement DOMICILED, or has a REAL AND EFFECTIVE
of disputes? INDURSTRIAL OR COMMERCIAL ESTABLISHMENT,
in the said Contracting State.
A: Aside from the ITLOS, it also established the
International Court of Justice, an arbitral tribunal 2. The application for international registration
constituted in accordance with Annex VII to the (international application) shall be filed with the
Convention and a special arbitral tribunal constituted International Bureau through the intermediary of
in accordance with Annex VIII of the Convention. the Office with which the basic application was
filed or by which the basic registration was made,
as the case may be.
Note: Any reference to an Office shall be construed as a

reference to the office that is in charge, on behalf of a
Contracting Party ,of the registration of marks, and any
reference to marks shall be construed to pertain to
trademarks and service marks.
Territory of a Contracting Party means, where the

Contracting Party is a State, the territory of that State, and
where the Contracting Party is an intergovernmental
organization, the territory in which the constituting treaty

of that intergovernmental organization applies. (Art. 2, 3. It must not bring about any change in the
Madrid Protocol) international registration in its latest form. (Art.
7, Madrid Protocol)
Q: Who may use the system?
Note: The International Bureau shall, by sending an uofficial
A: A natural person or legal entity having a notice, remind the holder of the international registration
connection, through establishment, domicile or and its exact date of expiry six months before the expiry of
nationality, with a Contracting Party to the Madrid the term of protection.
Protocol or Agreement. (Art. 2, Madrid Protocol)
Moreover, a period of grace of 6 months shall be allowed
for such renewal. (pars. 3 & 4. Art. 7, Madrid Protocol)
Q: What are the effects on an international
registration? Q: To which kind of industrial property does the
Paris Convention on Protection of Industrial
A: The effects of an international registration in each Property apply?
designated Contracting Party are, as from the date of
the international registration, the same as if the mark A: It applies to industrial properties in the widest
had been deposited directly with the Office of that sense. It includes patents, marks, industrial designs,
Contracting Party. (Art. 4, Madrid Protocol) utility models, trade names, geographical indications
and the repression of unfair competition.
Q: What are the advantages of the Madrid System?
Industrial property shall be understood in the
A: Instead of filing many national applications in all broadest sense, and shall apply not only to industry
countries of interest, in several different languages, in or commerce proper, but likewise to agricultural and
accordance with different national procedural rules extractive industries and to all manufactured or
and regulations and paying several different fees, an natural products, for example, wines, grain, tobacco
international application may be obtained by simply leaf, fruit, cattle, minerals, mineral waters, beer,
filing one application with the International Bureau flowers and flour. (Art. 1, Paris Convention)
(through the Office of the home country), in one
language (either English or French) and paying only INTERNATIONAL ENVIRONMENTAL LAW
one set of fees.
Q: What is International Environmental Law (IEL)?
Also, renewal entails simple payment of the
necessary fees, every 10 years, to the International A: It is the branch of public international law
Bureau. comprising "those substantive, procedural and
institutional rules which have as their primary
Likewise, if the international organization is assigned objective the protection of the environment," the
to a third party or any other change, such as a change term environment being understood as
in name and/or address, has occurred, this may be encompassing "both the features and the products of
recorded with effect for all designated Contracting the natural world and those of human civilization.
Parties by means of a single procedural step. (Philippe Sands, Principles of International
(Summary of Madrid Protocol, World Intellectual Environmental Law, 2003)
Property Organization)
PRINCIPLE 21 OF THE STOCKHOLM DECLARATION
Q: What is the period of validity of international
registration under the Madrid Protocol?
Q: What is the Stockholm Declaration?
A: 10 years, with possibility of renewal under the
A: The Stockholm Declaration, or the Declaration of
conditions set forth in Art. 7 thereof. (Art. 6, Madrid
the United Nations Conference on the Human
Protocol)
Environment, was adopted on June 16, 1972 in
Stockholm, Sweden. It contains 26 principles and 109
Q: What are the requirements for renewal of
recommendations regarding the preservation and
international registration?
enhancement of the right to a healthy environment.
A:
Q: What does Principle 21 of the Stockholm
1. Renewal for a period of only 10 years from the
Declaration provide?
expiry of the preceding period
2. Payment of the basic fee

A: This declares that States have: A: It means that the party responsible for producing
1. The sovereign right to exploit their own the pollutants must bear responsibility for
resources pursuant to their own environmental shouldering the costs of the damage done to the
policies, and environment. It is expressly stated in Principle 16 of
2. The responsibility to ensure that activities within the Rio Declaration on Environment and
their jurisdiction or control do not cause damage Development: National authorities should endeavor
to the environment of other States or of areas to promote the internalization of environment costs
beyond the limits of national jurisdiction. and the use of economic instruments, taking into
account the approach that the polluter should, in
Q: Is Principle 21 of the Stockholm Declaration a part principle, bear the cost of pollution, with due regard
of customary law? to the public interest and without distorting
international trade and investment. (Principle 16, Rio
A: Yes. The Court recognizes that the environment is Declaration)
daily under threat and that the use of nuclear
weapons could constitute a catastrophe for the Q: What are the other principles of IEL set forth in
environment. The court also recognizes that the the Rio Declaration?
environment is not an abstraction but represents the
living space, the quality of life and the very human A:
beings, including generations unborn. The existence 1. States have the sovereign right to exploit their
of the general obligation of States to ensure that own resources pursuant to their own
activities within their jurisdiction and control respect environmental policies, and the responsibility to
the environment of other States or of areas beyond ensure that activities within their jurisdiction or
national control is now part of the corpus of control do not cause damage to the environment
international law relating to the environment. of other states or of areas beyond the limits of
(Advisory Opinion on the Legality of the Threat or Use national jurisdiction (Principle 2);
of Nuclear Weapons, July 8, 1996). The Court has also 2. Right to development must be fulfilled so as to
no difficulty in acknowledging that the concerns equitably meet development needs of present
expressed by Hungary for its natural environment in and future generations (Principle 3); and
the region affected by the Gabcikovo-Nagyamaros 3. In order to achieve sustainable development,
Project related to an essential interest of the State, environmental protection shall constitute an
within the meaning given to that expression in Article integral part of the development process and
33 of the Draft of the International Law Commission. cannot be considered in isolation from it.
(Case Concerning the Gabcikovo-Nagyamaros Project, (Principle 4)
Sept. 25, 1997)
Q: What is sustainable development?
Q: What is the Principle of Common But
Differentiated Responsibility? A: It is a development that meets the needs of the
present without compromising the ability of future
A: This principle requires the protection of specified generations to meet their own needs. (Brundtland
environmental resource or area as common Report, 1987, Our Common Future, World
responsibility but takes into account the differing Commission on Environment and Development)
circumstances of certain States in the discharge of
such responsibilities. (Article 3[1], Framework Q: What are the principles that embody Sustainable
Convention on Climate Chage) Development?
A.:
Q: What is the Precautionary Principle? 1. Principle of intergenerational equity the need
to preserve natural resources for the benefit of
A: Where there are threats of serious or irreversible future generations.
damage, lack of full scientific certainty shall not be 2. Principle of sustainable use the aim of
used as a reason for postponing cost-effective exploiting natural resources in a manner which is
measures to prevent environmental degradation. "sustainable," or "prudent," or "rational," or
(Principle 15, Rio Declaration on Environment and "wise," or "appropriate."
Development [Rio Declaration]) 3. Principle of equitable use or intra generational
equity the equitable use of natural resources,
Q: What is Polluter Pays Principle? which implies that use by one state must take
into account the needs of other states.

4. Principle of integration the need to ensure that INTERNATIONAL ECONOMIC LAW

environmental considerations are integrated into
economic and other developmental plans, Q: What are the characteristics of International
programs and projects, and that development Economic Law?
needs are taken into account in applying
environmental objectives. (Magallona, citing A.
Philippe Sands, Principle of International 1. It is part of public international law
Environmental Law, 2003) 2. It is intertwined with municipal law
3. It requires multi-disciplinary thinking involving as
Q: What rules have been developed for the
it does not only economics but also political
protection of the environment in armed conflict?
science, history, anthropology, geography, etc.
A: 4. Empirical research is very important for
1. Each State Party undertakes not to engage in understanding its operation.
military or other hostile use of environmental
modification techniques having widespread, Q: What are the key principles of International Trade
long-lasting or severe effects as the means of Law?
destruction, damage or injury to any other Party
State (Article 1 of the Convention on the A:
Prohibition of Military or other Hostile Use of 1. Agreed tariff levels. The GATT contains specified
Environmental Modification Techniques or the tariff levels for each state. Each state agrees not
Environmental Modification Convention to raise tariff levels above those contained in the
[ENMOD]) schedule.
Note: Environmental Modification Techniques refers 2. The most favored nation principle (MFN). The
to any technique for the changing through the principle means that any special treatment given
deliberate manipulation of natural processes the to a product from one trading partner must be
dynamics, composition or structure of the earth
made available for like products originating from
including its biota lithosphere, hydrosphere and
atmosphere or outer space. (Article II, ENMOD)
or destined for other contracting parties.
2. Prohibition of the employment of methods or 3. Principle of National Treatment. This prohibits

means of warfare which are intended, or may be discrimination between domestic producers and
expected, to cause widespread, long-term and foreign producers.
severe damage to the natural environment.
(Article 35 (3) of Protocol I Additional to the 2. Principle of Tariffication. This principle prohibits
Geneva Convention of 1949) the use of quotas on imports or exports and the
use of licenses on importation or exportation.
Q: What does pollution mean?
Q: What are the exceptions to the abovementioned
A: It means any introduction by man, directly or key principles?
indirectly, of substance or energy into the
environment resulting in deleterious effects of such A: Some of the exceptions are general in nature such
nature as to endanger human health, harm living as those referring to public morals, public health,
resources, ecosystem, and material property and currency protection, products of prison labor,
impair amenities or interfere with other legitimate national treasures of historic, artistic or archeological
uses of the environment. (Magallona, citing ILA value, and protection of exhaustible natural
Reports, Vol. 60, 1982) resources.


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Ust 2013 Golden Notes-Political Law

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POLITICAL LAW AND

2013 GOLDEN NOTES

ADDRESS: Academics Committee

TEL. NO.: (02) 731-4027

No portion of this material may be copied or reproduced in books, pamphlets, outlines

Printed in the Philippines, April 2013.

CIVIL LAW STUDENT COUNCIL

ATTY. AL CONRAD B. ESPALDON

POLITICAL LAW COMMITTEE

ATTY. AL CONRAD B. ESPALDON

ATTY. RYAN CRISTOPHER A. MORENO

ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABAO, O.P.

ATTY. ARTHUR B. CAPILI

ATTY. ELGIN MICHAEL C. PEREZ

ATTY. AMADO E. TAYAG

LENY G. GADANIA, R.G.C.

JUSTICE OSWALDO D. AGCAOILI

ATTY. ENRIQUE V. DELA CRUZ

ATTY. RENE B. GOROSPE

ATTY. MARLON J. MANUEL

ATTY. RAFAELITO M. GARAYBLAS

ATTY. EDWIN R. SANDOVAL

ATTY. MAURICIO C. ULEP

For being our guideposts in understanding the intricate

THE RISK OF USE, MISUSE OR NON-

THE PHILIPPINE CONSTITUTION Q: In case of doubt, how should the Constitution be

CONSTITUTION: A: The provisions should be considered self-

Q: When did the present Philippine Constitution PARTS

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2. Qualitative test asks whether the change will A.

Q: How may the Constitution be amended or Note:

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Q: What is initiative? laws.

A: Q: Is the initiative to change the Constitution

A: No. Under the said law, initiative on the A:

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legislations through an GENERAL PROVISIONS

LOCAL INITIATIVE LOCAL REFERENDUM A:

Q: What constitutional provisions are considered

A: The following provisions of the Constitution are

1. Provisions in the Bill of Rights on arrests,

2. Fundamental rights of life, liberty and the

3. Provisions forbidding the taking or damaging of

XPNs: where it merely announces a policy and its

a. Article II on "Declaration of Principles and State

b. Article XIII on "Social Justice and Human Rights"

c. Article XIV on "Education Science and Technology,

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GENERAL CONSIDERATIONS A: It means that all waters, around between and

A: The following are the purposes of the

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A: No. It is too far to be included within the

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GOVERNMENT AGENCIES SUABILITY Note: Funds belonging to government corporations

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XPNs: Q: What are the manifestations of Republicanism?

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