1. The archipelagic doctrine emphasizes the unity of 8.

When the government expropriates private property

land and waters by defining an archipelago either as without paying compensation, it is deemed to have
a group of islands surrounded by waters or a body of waived its immunity from suit.
waters studded with islands. 9. Where a private property is taken by the
2. EEZ is an area beyond and adjacent to the territorial Government for public use without first acquiring
sea, which shall not extend beyond 200 NM from the title thereto either though expropriation or
baseline from which the territorial sea is measured. negotiated sale, the owner’s action to recover the
Territorial sea is 12 NM from the baseline. land or the value thereof does not prescribe.
Contiguous zone is 24 NM from baseline. 10. The precautionary principle bridges the gap in cases
Continental shelf is 150 NM from the baseline. where scientific certainty in factual findings cannot
3. Maritime disputes are subject to compulsory be achieved. In effect the precautionary principle
arbitration because under UNCLOS a party state has shifts the burden of evidence of harm away from
given its advance consent to compulsory arbitration, those likely to suffer harm and onto those desiring to
unless a state has opted out of compulsory change the status quo.
arbitration involving certain specified disputes. In 11. Treaties and conventions are not deemed
contrast, territorial disputes can be subject to automatically part of the Philippine law. There are
arbitration only with the consent of each disputant declarations and obligations outlined in treaties and
state to every arbitration, unless such consent has conventions which are not reflective of the current
been given in advance in a treaty. The PH arbitration state of international law, and do not find basis in
case against China is solely a maritime dispute and any of the source of international law. Indeed, so
does not involve any territorial dispute. much of contemporary international law is
4. Low Tide Elevations are rocks above water at low characterized by the soft law nomenclature.
tide but below water, or submerged, at high tide. 12. While the Constitution mandates that the President
LTEs beyond the 12 NM territorial sea are not of the Senate must be elected by a number
capable of appropriation by any state. As part of the constituting more than one half of all the members
submerged continental shelf, LTEs beyond the thereof, it does not provide that the members who
territorial sea but within the EEZ of a coastal state will not vote for him shall ipso facto constitute the
are subject to the sovereign rights of such coastal “minority”, who could thereby elect the minority
state. leader.
5. Artificial islands do not generate maritime 13. Void-for-vagueness doctrine holds that a law is
entitlements. According to UNCLOS, an island is a vague when it lacks comprehensive standards that
naturally formed area of land, surrounded by water, men of common intelligence must necessarily guess
which is above water at high tide. Reclamation is at its common meaning and differ as to its
obviously not a mode of acquiring territory under application.
international law because reclaimed land cannot be 14. The overbreadth doctrine decrees that a
considered a naturally formed are of land. governmental purpose may not be achieved by
6. The premises occupied by the Chinese Embassy do means which sweep unnecessarily broadly and
not constitute territory of China but of the PH. thereby invade the area of protected freedoms.
Crimes committed within the Chinese Embassy in 15. Overbreadth doctrine is not intended for testing the
Cebu City are subject to the territorial jurisdiction of validity of a law that reflects legitimate state interest
the PH. in maintaining comprehensive control over harmful,
7. Doctrine of State Immunity is also applicable to constitutionally protected conduct.
complaints filed against officials of the state of acts 16. Constitutionality of Curfew Ordinances
allegedly performed by them in the discharge of a. Void for Vagueness not applicable. Petitioner’s
their duties. Inasmuch as the State authorizes only invocation of the void for vagueness doctrine is
legal acts by its officers, unauthorized acts of improper, considering that they do not properly
government officials or officers are not acts of the identify the provision in any of the Curfew
State, and an action against the officials or officers ordinances, which, because of its vague terminology,
by one whose rights have been invaded or violated fails to provide fair warning and notice to the public
by such acts, for the protection of his rights, is not a of what is prohibited or required so that one may act
suit against a State. accordingly. Petitioners only bewail the lack of
enforcement parameters to guide the local
authorities in the proper apprehension of suspected foregoing standard applies to regulations on minors
curfew offenders. They do not assert any confusion as they are still accorded the freedom to participate
as to what conduct the subject ordinances prohibit in any legitimate activity, whether it be social, civic
or not prohibit but only point to the ordinances’ lack or religious. In the present case, each of the
of enforcement guidelines. There is no due process ordinances must be narrowly tailored as to ensure
consideration. minimal constraint not only on the minors’ right to
b. Overbreadth not applicable. The Court rejects travel but also on their other constitutional rights. In
petitioners’ invocation of the overbreadth doctrine, sum, while the Court finds that all three Curfew
considering that petitioners have not claimed any Ordinances have passed the first prong of the strict
transgression of their rights to free speech or any scrutiny test- that is, that the State has sufficiently
inhibition of speech-related conduct. The application shown a compelling interest to promote juvenile
of overbreadth doctrine is limited to a facial find of safety and prevent juvenile crime in the concerned
challenge and, owing to the given rationale of a localities, only the QC has passed the second prong
facial challenge, applicable only to free speech cases. of the strict scrutiny test, as it is the only issuance
That being said, this Court finds it improper to out of the three which provides for the least
undertake an overbreadth analysis in this case, there restrictive means to achieve this interest.
being no claimed curtailment of free speech. On the 17. A public officer who under the Constitution is
contrary, however, this Court finds proper to required to be a Member of the Philippine Bar as a
examine the assailed regulations under strict qualification for the office held him and who may be
scrutiny test. removed from office only by impeachment, cannot
c. Right of Parents to rear their children. As our be charged with disbarment during the incumbency
Constitution itself provides, the State is mandated to of such public officer.
support parents in the exercise of these rights and 18. Impeachment proceedings are political in nature,
duties. State authority is therefore, not exclusive of, while in action for qua warranto is judicial or a
but rather, complementary to parental supervision. proceeding traditionally lodged in the courts.
As parens patriae, the State has the inherent right 19. From the 1987 Constitution and Administrative
and duty to aid parents in the moral development of Code, it is abundantly clear that the CHR is not
their children, and, thus, assumes a supporting role among the class of Constitutional Commissions. Nor
for parents to fulfil their parental obligations. The there is any legal basis to support the contention
Curfew Ordinances are but examples of legal that the CHR enjoys fiscal autonomy in essence. In
restrictions designed to aid parents in their role of essence, fiscal autonomy entails freedom from
promoting their children’s well-being. outside control and limitations, other than those
d. Equal Protection. The restrictions set by the provided by law. It is the freedom to allocate and
Curfew Ordinances that apply solely to minors are utilize funds granted by law, in accordance with law,
likewise constitutionally permissible. In this relation, and pursuant to the wisdom and dispatch its needs
this Court recognizes that minors do possess and may require from time to time. Only the Judiciary,
enjoy constitutional rights, the exercise of these CSC, COA, COMELEC, and Office of the Ombudsman
rights is not co-extensive as those of adults. They are enjoy fiscal autonomy.
always subject to the authority or custody of 20. Congress cannot exempt the GSIS from legal fees
another, such as their parent/s or guardian/s, and imposed by the SC. Since the payment of legal fees is
the State. As parens patriae, the State regulates and, a vital component of the rules promulgated by the
to a certain extent, restricts the minors’ exercise of SC concerning pleading, practice and procedure, it
their rights, such as in their affairs concerning the cannot be validly annulled, changed or modified by
right to vote, the right to execute contracts, and the the Congress. As one of the safeguards of the SC’s
right to engage in gainful employment. institutional independence, the power to
e. Right to Travel. Under the strict scrutiny test, the promulgate rules of pleading, practice and
government has the burden of proving that the procedure is now the Court’s exclusive domain. The
classification (i) is necessary to achieve a compelling power is no longer shared by the SC with Congress,
State interest, and (ii) is the least restrictive means much less with the Executive.
to protect such interest or the means chosen is 21. Members of the COA, COMELEC, or CSC, who were
narrowly tailored to accomplish the interest. appointed for a full term of seven years and who
Although treated differently from adults, the served the entire period, are barred from
 reappointment to any position in the Commission. which the detainee often is aware that questioning
Corollary, the first appointees in the Commission will continue until he provides his interrogators the
under the Constitution are also covered by the answers they seek. Treatment of this sort cannot be
prohibition against reappointment. A commissioner characterized as the functional equivalent of a
who resigns after serving for less than seven years is formal arrest.
eligible for an appointment to the position of 27. The President cannot choose to award the status of
Chairman for the unexpired portion of the term of National Artist to persons not nominated by the
the departing chairman. Such appointment is not NCCA and CCP. Under the law, the discretion of the
covered by the ban on reappointment, provided that President in the matter in the matter of the Order of
the aggregate period of the length of service as National artist is confined to the names submitted to
commissioner and the unexpired period of the term him/her by the NCAA and the CCP Boards. This
of the predecessor will not exceed seven years and means that the President could not have considered
provided further that the vacancy in the position of conferment of the Order of National Artists on any
Chairman resulted from death, resignation, disability person not considered and recommended by the
or removal by impeachment. (SUMMARY OF RULES, NCCA and the CCP Boards. The President’s discretion
Funa vs. Villar) on the matter does not extend to removing a legal
22. A warrant of arrest need not be issued if the impediment or overriding a legal restriction.
information or charge was filed for a violation of an 28. PDAF is not Constitutional. It is unconstitional for
ordinance or an offense penalized by a fine only. It Congress to allocate funds unto themselves and
may be stated as a corollary that neither can a participate in its implementation and disbursement.
warrantless arrest be made for such an offense 29. The clustering system of the nominees is
because no warrant of arrest can even be issued. unconstitutional as it impinges upon the chances for
23. The SC may issue a TRO to stop Congress from appointment of the qualified nominees, because (1)
conducting impeachment proceedings. The the President’s option for every vacancy is limited to
Constitution did not intend to leave the matter of the five to seven nominees in the cluster; and (2)
impeachment to the sole discretion of Congress. once the President has appointed from one cluster,
Instead, it provided for certain well-defined limits, or then he is proscribed from considering the other
“judicially discoverable standards” for determining nominees in the same cluster for the other
the validity of the exercise of such discretion. vacancies. The said limitations are utterly without
24. The President, thru an EO, cannot include the CSC legal basis and in contravention of the President’s
Chairperson as Ex-Officio Board Member of several appointing power. The power to recommend of the
GOCCs. When the CSC Chairman sits as a member of JBC cannot be used to restrict or limit the President’s
the governing Boards of the GSIS, PHILHEALTH, ECC power to appoint as the latte’s prerogative to
and HDMF, he may exercise powers and functions, choose someone whom he/she considers worth
which are not anymore derived from his position as appointing to the vacancy in the Judiciary is still
CSC Chairman. Also, he will receive per diem, a form paramount.
of additional compensation that is disallowed by the 30. A congressman convicted of rape may not be
concept of an ex officio position by virtue of its clear allowed to attend session in Congress pending his
contravention of the prescription set by the appeal. To allow accused-appellant to attend
Constitution. legislative sessions would constitute an unjustified
25. The Constitution does not prohibit service contracts broadening of the privilege from arrest bestowed by
or joint explorations of our natural resources with the Constitution upon members of Congress.
foreign nationals or companies. (Article XII, Section 31. While the law creating the CA can be amended or
2) repealed by Congress, it cannot remove or shorten
26. A person questioned by the police or MMDA the tenure of incumbent Justices of the CA or
enforcer for traffic violation on the roadside is not transfer its workload and duties to the SC or any
considered to be under custodial investigation. other court without the advice and concurrence of
Detention of a motorist pursuant to a traffic stop is the SC. The jurisdiction of the SC may not be reduced
presumptively temporary and brief. In this respect, by the Congress. Neither may it be increased without
the questioning as an incident to an ordinary traffic the advice and concurrence of the SC.
stop is quite different from stationhouse 32. It is extremely difficult to conceptualize how an
interrogation, which frequently is prolonged, and in office conceived and created by the Constitution to
 be independent- as the CHR- and vested with the provision does not actually refer to a joint session.
delicate and vital functions of investigating violations The requirement of voting jointly explicitly applies
of human rights pinpointing responsibility and only to the situation when the Congress revokes the
recommending sanctions as well as remedial President’s proclamation of martial law.
measures therefore, can truly function with 37. The 5-year service policy for First Level judges does
independence and effectiveness, when the tenure in not violate the equal protection clause.
office of its Chairman and Members is made Consideration of experience by the JBC as one factor
dependent on the pleasure of the President. in choosing recommended appointees does not
33. It is not okay for a senator to criticize the SC in a constitute a violation of the equal protection clause.
privilege speech. The Senator’s offensive and The JBC does not discriminate when it employs
disrespectful language definitely tended to denigrate number of years of service to screen and
the institution. It is imperative on the Court’s part to differentiate applicants from the competition. The
re-instil in the Senator her duty to respect courts of number of years of service provides a relevant basis
justice, especially the SC , and remind her anew that to determine proven competence which may be
parliamentary non-accountability thus granted to measured by experience, among other factors. The
members of Congress is not to protect them against difference in treatment between lower court judges
prosecutions for their own benefit, but to enable who have served at least five years and those who
them, as the people’s representatives, to perform have served less than five years, is based on
the functions of their office without fear of being substantial distinction.
made responsible before courts or other forums 38. The mere filing of a criminal or an administrative
outside the congressional hall. complaint before a court or a quasi-judicial body
34. In Question Hour, Congress’ oversight function is should not automatically bar the conduct of
limited to information gathering- attendance of legislative investigation. Otherwise, it would be
executive officials is subject to the president’s extremely easy to subvert any intended inquiry by
consent. The heads of the departments may upon congress through the convenient ploy of instituting a
their own initiative with consent of the President, or criminal or an administrative complaint. Surely, the
upon the request of either House, as the rules of exercise of sovereign legislative authority, of which
each house shall provide, appear before and be the power of legislative inquiry is an essential
heard by such House on any matter pertaining to component, cannot be made subordinate to a
their departments. In Legislative Investigation, it is criminal or administrative investigation.
plenary and the objective is to elicit information that 39. The Philippine National Red Cross, although not a
may be used for legislation. The president cannot GOCC, is sui generis in character, thus requiring the
prohibit the attendance of witnesses. SC to approach controversies involving the PNRC on
35. The President exercises only one kind of appointing a case-to-case basis. The CSC has jurisdiction over
power. There is no need to differentiate the exercise the PNRC because the issue at hand is the
of the President’s appointing power outside, just enforcement of labor laws and penal statutes, thus,
before, or during the appointment ban. The the PNRC can be treated as a GOCC and as such, it is
Constitution allows the President to exercise the within the ambit of RA 6713.
power of appointment during the period not 40. Congress cannot issue a subpoena to compel
covered by the appointment ban, and disallows the attendance of Justices of the CA in its investigation in
President from exercising the power of appointment aid of legislation and cite them in contempt should
during the period covered by the appointment ban. they refuse to appear. Congressional powers cannot
So even if the appointment was accepted after the be used to deprive the SC of its Constitutional duty
ban, it is still void. to supervise judges of lower courts in the
36. The Congress is not constitutionally mandated to performance of their official duties. The fact remains
convene in joint session except to vote jointly to that the CA Justices are non-impeachable officers. As
revoke the President’s declaration or suspension. By such, authority over them primarily belongs to the
the language of Article VII, Section 18 of the SC and to no other.
Constitution, the Congress is only required to vote 41. A precautionary hold departure is an order in writing
jointly to revoke the President’s proclamation of issued by a court commanding the Bureau of
martial law and/or suspension of the privilege of the Immigration to prevent any attempt by a person
writ of habeas corpus. It is worthy to stress that the suspected of a crime to depart from the Philippines,
 which shall be issued ex-parte in cases involving and a corporation would have no such ground for
crimes where the minimum of the penalty relief.
prescribed by law is at least 6 years and one day or 49. In order to give life to the constitutional right of
when the offender is a foreigner regardless of the freedom of religion, the State adopts a policy of
imposable penalty. accommodation. Accommodation is a reorganization
42. Custodial investigation shall include the practice of of the reality that some governmental measures may
issuing an invitation to a person who is under not be imposed on a certain portion of the
investigation in connection with an offense he is population for the reason that these measures are
suspected to have committed. Rights during contrary to their religious beliefs. As long as it can be
custodial investigation apply only against testimonial shown that the exercise of the right does not impair
compulsion and not when the body of the accused is the public welfare, the attempt of the State to
proposed to be examined which is purely a regulate or prohibit such right would be an
mechanical act. unconstitutional encroachment.
43. Miranda rights are not available during: police line- 50. In the case of Montano vs. Ocampo, the accused is
up, unless admissions or confessions are being charged with multiple murder and frustrated
elicited from the suspect; During administrative murders but was granted bail because the possibility
investigations; Confessions made by an accused at of escape in this case, bearing in mind the
the time he voluntarily surrendered to the police or defendant’s official and social standing and his other
outside the context of a formal investigation; and personal circumstances, seems remote if not nil.
Statements made to a private person. Besides, to deny bail is not enough that the evidence
44. Live TV coverage may be prohibited since the right of is strong; it must also appeal that in case of
the accused must prevail over the right of the public conviction the defendant’s criminal liability would
to information and freedom of the press. Public trial probably call for a capital punishment.
is not synonymous with publicized trial. 51. The right of a prospective extradite to apply for bail
45. The terms aiding or abetting constitute broad sweep in this jurisdiction must be viewed in the light of
that generates chilling effect on those who express various treaty obligations of the Philippines
themselves through cyberspace posts, comments, concerning respect for the promotion and protection
and other messages. Hence, Section 5 of the of human right. The presumption lies in favor of
cybercrime law that punishes “aiding or abetting” human liberty. Thus, the PH should see to it that the
libel on the cyberspace is a nullity. right of liberty of every individual is not impaired.
46. The curtailment of certain rights is necessary to While our extradition law does not provide for the
accommodate institutional needs and objectives of grant of bail to an extradite, however, there is no
prison facilities, primarily internal security. But if the provision prohibiting him or he from filing a motion
letters are marked confidential communication for bail , a right to due process under the
between detainee and lawyer, the officer must not Constitution.
read them but only inspect them in the presence of 52. The writ of habeas data is an independent and
detainees. summary remedy designed to protect the image,
47. Pre-marital sexual relations between two consenting privacy, honor, information, and freedom of
adults who have no impediment to marry each information of one individual, and to provide a
other, and, consequently conceiving a child out of forum to enforce one’s right to the truth and to
wedlock, gauged from a purely public and secular informational privacy. It seeks to protect a person’s
view or morality, does not amount to a disgraceful right to control information regarding oneself,
or immoral conduct. There is no law which penalizes particularly in instances in which such information is
an unmarried mother by reason of her sexual being collected through unlawful means in order to
conduct or proscribes the consensual sexual activity achieve unlawful ends.
between two unmarried persons; that neither does 53. As the rules and existing jurisprudence on the matter
such situation contravene any fundamental state evoke, alleging and eventually proving the nexus
policy enshrined in the Constitution. between one’s privacy right to the cogent rights to
48. A corporation has no right of privacy in its name life, liberty or security are crucial in habeas data
since the entire basis of the right to privacy is an cases, so much so that a failure on either account
injury to the feelings and sensibilities of the party certainly rendered a habeas data petition
dismissible, as in this case.
54. Writ of Amparo is a remedy available to any person
whose right to life, liberty and security has been
violated or threatened with violation by an unlawful
act or omission of a public official or employee, or of
a private individual or entity. The writ covers
extralegal killings and enforced disappearances or
threats thereof.
55. If the accused is a minor with imposable penalty for
the crime charged is reclusion perpetua, bail would
be a matter of right. Under Article 68 of the RPC,
when the offender is a minor under r18 years of age,
he is entitled to a penalty depending on his age,
lower by one or two degrees than that prescribed by
law for the crime committed. The Constitution
withholds the guaranty of bail from one who is
accused of a capital offense where the evidence of
guilt is strong. The obvious reason is that one who
faces a probable death sentence has a particularly
strong temptation to flee. This reason does not hold
where the accused has been established without
objection to be a minor who by law cannot be
sentenced to death.
56. Assuming that evidence of guilt is strong, bail shall
be denied as the privileged mitigating circumstance
of minority is not available for violation of special
laws penalized by life imprisonment.
57. Extralegal killings are killings committed without due
process of law. On the other hand, enforced
disappearances has been defined by the Court as the
arrest, detention, abduction or any other form of
deprivation of liberty by agents of the State or by
persons or groups of persons acting with the
authorization, support or acquiescence of the State,
followed by a refusal to acknowledge the
deprivation of liberty or by concealment of the fate
or whereabouts of the disappeared person, which
place such person outside the protection of law.
58. The privilege of writ of Amparo is a remedy available
ONLY to victims of extra-judicial killings and enforced
disappearances or threats of a similar nature,
regardless of whether the perpetrator of the
unlawful act or omission is a public official or
employee or a private individual.