TOP THE BAR!

POLITICAL
LAW
Quick Quick Reviewers

by
DEAN PONCEVIC M. CEBALLOS
of
CEBALLOS BAR TRENDS
 TABLE OF CONTENTS
FOR 2016 BAR
POLITICAL LAW
Pages
I. BILL OF RIGHTS

FREEDOM OF EXPRE
Concept and Sco 1
Facial Challenge 1
Bar Question 20 (IV) 2
Tests of Valid Ex cise of Freedom of Expression (3 Questions) 2
State Regulation f D ent Types of Mass Media
(3 Questions) . 3
Private v. Gover en peech (3 Questions) 4
Commercial Spee 4
Content-Based & 4
Heckler's Veto (1 Qu 5

RIGHTS OF THE ACCUSED

Bail (7 Questions) 5
Assistance of Counsel (5 Quests. 5
Criminal Due Process (3 Questions) 5
Right to be Informed (2 Questions) 6
Right to Speedy, Impartial and Public Trial (2 Questions) 6
Presumption of Innocence When Not Applicable (1 Question) 6
Right to be Heard (1 Question) 6
Right of Confrontation (1 Question) 7
Trial in Absentia (1 Question) 7

SEARCHES AND SEIZURES (19 Questions)

 Warrantless Searches (8 Questions) 7
Bar Question 2015 (XVIII) 7
Concept (3 Questions) 9
Warrantless Arrests (3 Questions) 9
Requisites of a Valid Warrant (2 Questions) 9

DUE PROCESS-NONE DEPRIVATION OF LIFE, LIBERTY AND

PROPERTY (12 Questions)
Relativity of Due Process (4 Questig 10
Void-for-Vagueness Doctrine (4 Questiops) 10
Procedural and Substantive Due rocess (1 esti 10
Constitutional and Stat tory D 11 1

FUNDAMENTAL POWERS OF THE TATE (POLICE POW' ENT

DOMAIN, TAXATION) (11 Questions) I

Concept, Applicat
Requisites for V
nOr d knits (6 Questions)
Exercise (4 Questions)
11
12 ti
Bar Question 20 (XVII) 13
I
FREEDOM OF RELI 00 Questions) 13

13
I
EQUAL PROTECTIO n 6 tions)

ions) 14 L
RIGHTS OF A SUSPE u

SELF-INCRIMINATION (6 Qi 15

DOUBLE JEOPARDY (6 Question 15

RIGHT OF ASSOCIATION (5 Questions) 16

II
EMINENT DOMAIN (5 Questions) 16

D
PRIVACY OF COMMUNICATIONS AND CORRESPONDENCES
(4 Questions) 16
C4
RIGHT TO INFORMATION (3 Questions)
it
 Limitations (1 Question) 17
Publication of Laws and Regulations (1 Question) 17
Right to Information Relative to Government Contract
Negotiation (1 Question) 17

EX POST FACTO LAWS AND BILLS OF ATTAINDER

(3 Questions) 17

LIBERTY OF ABODE AND FREEDO Qyftil N (2 Questions)

Limitations (2 Questions) 18

WRITS OF AMPARO, HA AN D K
(2 Questions) 18

EXCESSIVE FINES AN CRIT L AND INHUMANE PUN

(2 Questions) 18

WRIT OF HABEAS RPU (1 Question) 19

INVOLUNTARY SE ITU (1 Question) 19

II. PUBLIC IN

LAW OF THE SEA (1

Exclusive Economic I e (
Al (5 Questions) 19
Territorial Sea (4 Que- s) 19
Baselines (2 Questions) . 20
Internal Waters (2 Questio 20
Bar Question 2015 (II) 20

INTERNATIONAL HUMANITARIAN LAW AND NEUTRALITY

(11 Questions) 22

DIPLOMATIC AND CONSULAR LAW (8 Questions) 23

CONCEPTS (6 Questions) 24

JURISDICTION OF STATES (6 Questions) 25

SOURCES OF INTERNATIONAL LAW (5 Questions) 25

TREATIES (5 Questions) 25
Bar Question 2015 (I) 26

TREATMENT OF ALIENS (5 Questions) 27

INTERNATIONAL AND NATIONAL 27

STATE RESPONSIBILITY ( 28

SUBJECTS (2 Questionje
..Ab
.. 28

INTERNATIONAL HUMAN RIGhTS LAW (2 Questrons 28

NATIONALITY AND STATELESSNESS (1 Question . 29

III. LAW ON PJBLIC OFFICERS (63 QUESTIONS)

§
ACCOUNTABILITY OF PUBtIC (16 Questions)
'-

Impeachment (6 Questions) 29
Ombudsman (6 Questions)° 30

MODES AND KINDS OF APPOINTMENT (9 Question 30

LIABILITIES OF PUBLIC OFFICERS (II% n 31

POWERS AND DUTIES OF PUBLIC 0 ions) 32

DE FACTO OFFICERS (5 Questions) 32

ELIGIBILITY AND QUALIFICATION REQUIREMENTS

(3 Questions) 33

IMMUNITY OF PUBLIC OFFICERS (3 Questions) 33 1

THE CIVIL SERVICE (3 Questions) 34

TERM LIMITS (3 Questions) 34

DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS

(2 Questions) 34
Bar Question 2015 (III) 36

GENERAL PRINCIPLES (1 Question) 37

RIGHTS OF PUBLIC OFFICERS (1 • - 37

TERMINATION OF OFFICI I pli tstiAr 37

IV. LOCAL GOVEVIVa iTS,( QUESTIOW

,
Mgr r .4.00
Nor
POWERS OF LOCAL GOVERNMENT UNITS (LGUS) (46
Succession of EleOtivd!Offitials (8 Questions) 38
Exercise of Eminent 66rnbin by LGU (6 Questions) 38
Term of Office o1Elected Local Official (6 Questions) 39
Police Power (Gerneral Welfare Clause (5 Questions) 39
Legislative Power (.4 Questions) 39
Recall (4 Questions) 40
Settlement of BoOndary Disputes (2 Questions) . 40
Taxing Power (1 Questib 40
Corporate Powers (1 Quest' 41
Liability of LGUs (1 Questi• 41
uesti 41DiscplneofLaOs•

MUNICIPAL CORPORATION u io 41
Bar Question 2015 (XII) 43
Bar Question 2015 (XIII) 43

PRINCIPLES OF LOCAL AUTONOMY (2 Questions) 44

PUBLIC CORPORATIONS (1 Question) 44

V. LEGISLATIVE DEPARTMENT (57 QUESTIONS)

POWERS OF CONGRESS (17 Questions) 44

WHO MAY EXERCISE LEGISLATIVE POWER (13 Questions) 45

Bar Question 2015 (VI) 46

HOUSES OF CONGRESS (11 Questions) ... 47

LEGISLATIVE PRIVILEGES, INHIBITIONS DISQUALIFICATIONS

(7 Questions) ... 48
Bar Question 2015 (IX) 49

ELECTORAL TRIBUNALS AND THE C O MISSI O N

COM
APPOINTMENTS (6 Questions) 49

QUORUM AND VOTING MAJORITIES (2 Questions)

VI. JUDICIAL DEPARTMENT (41 QUESTIONS)

CONCEPTS (16 Questions)

Judicial Review (11 Questions) 51
Bar Question 2015 (XI) 52
Judicial Power (2 Questions) 53

SUPREME COURT (12 Questions)

Procedural Rule-Making (5 Question 53
Original and Appellate Jurisdiction (3 54
En Banc and Division Cases (2 Questions) 54
Administrative Supervision over LoW- . -stion) 55

SAFEGUARDS OF JUDICIAL INDEPENDENCE (6 Questions) 55

JUDICIAL RESTRAINT (4 Questions) 55

APPOINTMENTS TO THE JUDICIARY (2 Questions) 56

JUDICIAL PRIVILEGE (1 Question) 56

VII. GENERAL CONSIDERATIONS (32 QUESTIONS)

GENERAL PRINCIPLES AND STATE POLICIES (10 Questions) 56

57
STATE IMMUNITY (9 Questions)

NATIONAL TERRITORY (4 Questions) 57

SEPARATION OF POWERS (4 Questions) 58

FORMS OF GOVERNMENT (3 Questions) 58

CHECKS AND BALANCES (1 Question) 59

DELEGATION OF POWERS (1 Question) 59

VIII. EXECUTIVE DEPARTMENT (54 QUESTIONS)

POWERS (47 Questions)

. . 59
Military Power (
Bar Question 20
s)
11)
......
.. 60
61
Power of Appoint estions)
•ns) 61
Pardoning Power (
Diplomatic Power ( uestions) 62
Power of Control andervilion (3 Questions) 62
62
Bar Question 2015 (VI
Delegated Powers (2 Que ) 63
63
Veto Powers (2 Questions)
Executive Privilege (2 Questions) 63
Executive and Administrative Powers in General (1 Question) 63
Residual Powers (1 Question) 63

PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS

63
(7 Questions)

IX. CITIZENSHIP (24 QUESTIONS)

WHO ARE FILIPINO CITIZENS? (7 Questions) 64
Bar Question 2015 (XII) 64

NATURAL-BORN CITIZENS AND PUBLIC OFFICE (5 Questions) 65

NATURALIZATION AND DENATURALIZATION (4 Questions) 65

DUAL CITIZENSHIP AND DUAL AL estions) 66

LOSS AND RE-ACQUISITIO 0

(3 Questions) 66

MODES OF ACQUIRI ITIZENSHIP (2 Questions 67

X. ELECTION LAW (23 QU 0 S

CANDIDACY (12 Questions) 67

REMEDIES AND JURISDICTION IN ELECTION LAW

(4 Questions) • 68
Bar Question 2015 (XVI) • 69

REGISTRATION OF VOTERS (1 Question) 0 71

INCLUSION AND EXCLUSION PROCE *e n 71

XI. CONSTITUTIONAL I0 1= TIONS)

JURISDICTION (10 Questions) 72

CONSTITUTIONAL SAFEGUARDS TO ENSURE

INDEPENDENCE OF COMMISSIONS (4 Questions) 73

POWERS AND FUNCTIONS OF EACH CONSTITUTIONAL

COMMISSION (3 Questions) 74
par Question 2015 (XXII) 74
 Bar Question 2015 (XV) 76

PROHIBITED OFFICES AND INTERESTS (1 Question) 78

XII. ADMINISTRATIVE LAW (20 QUESTIONS)

POWERS OF ADMINISTRATIVE AGENCIES (9 Questions) 78

JUDICIAL RECOURSE AND REVI (6 Questions) 78

Bar Question 2015 (X) 79

ADMINISTRATIVE AGE ( 80

GENERAL PRINCIPL 14kon)` " " 80

XIII. NATION OMY AND PATRIMONY (14 Q stions)

EXPLORATION, DE LOPMENT AND UTILIZATION OF

NATURAL RESO CES (3 Questions) . 80

ACQUISITION, OWNERSHIP AND TRANSFER OF

PUBLIC AND PRIVATE 4ANDS (3 Questions) 81

NATIONALITY AND Ck*IZENSH P REQUIREMENT

PROVISIONS (3 QueS o 81

MONOPOLIES, RESTRAIN RAD

COMPETITION (2 Question 81

REGALIAN DOCTRINE (1 Question) 82

ORGANIZATION AND REGULATION OF CORPORATIONS,

PRIVATE AND PUBLIC (1 Question) 82

FRANCHISES, AUTHORITY AND CERTIFICATES

FOR PUBLIC UTILITIES (1 Question) 82
 Bar Question 2015 (XIX) 83

XIV. THE PHILIPPINE CONSTITUTION (9 QUESTIONS)

AMENDMENTS AND REVISIONS (5 Questions) 83

CONSTITUTION: DEFINITION, NATURE AND CONCEPTS

(2 Questions) 84

GENERAL PROVISIONS (2 Quest• ns) 84

XV. EDUCATION, SCIENCE;

CULTURE AND SPORTS. (7 QUESTI

ACADEMIC FREEDOM (7 Questions) 85

XVI. SOCIAL JUSTICE AND HUMAN RIGHTS (6 Q EST ± NS)

COMMISSION ON HUMAN. RIGHTS (6 Questions) . 85

i1011.
 Hierarchy of civil liberties
POLITICAL The freedom of expression and the right of
AND peaceful assembly are superior to property
rights. (Philippine Blooming Mills Employment Org.
INTERNATIONAL LAW v. Philippine Blooming Mills- Co. G.R. No. L
31195, June 5, 1973)
BAR EXAMINATION
QUESTIONS (TRENDING) Chilling effect is used in the area of
constitutional litigation affecting protected
COVERAGE — 2000 TO 2015 speech. (Southern Hemisphere Engagement
660 QUESTIONS etwork, Inc. v. A nti-Terrorism Council, G. R. No.
• ctober 5, 2010)

I. BILL OF RIGHTS Facial Challenges and

Overbreadth Doctrine
(159 QUESTIONS) (3 Questions)
w

FREEDOM OF EXPRESSION GENERAL • tatute may only be

questioned b 4 as applied to him,
(30 Questions) the former is u onsti 'nal.
Concept and Scope dth and vagueness
EXCEPTION: Over
(13 Questions) riate for testing the
doctrines are
validity of pen tes. (Romualdez v.
No law shall be pas abrid the freedom
Sandiganbcya 52259, July 29, 2004)
of speech, of expres the press, or
the right of the peopl bl' assemble
Since on has expanded the
and petition the gove dress of
S er of the Supreme Court,
grievances. (Sec. 4, Art. III, stitutio • • f facial challenge covers all
• d by the Bill of Rights. (Imbong
All forms of communication ar to
r., 721 SCRA 146 [2014])
the broad protection of the free • III

expression clause whether oral, written, tape While the Constitution authorizes the
or disc recorded. (Eastern Broadcasting Corp. v. Commission on Elections to regulate the mass
Dans Jr., G.R. No. L-59329, July 19, 1985) media during the election period to ensure
equal opportunity to candidates, its scope
This right occupies the highest preferred does not include prohibiting private persons
position in the hierarchy of civil liberties. (The from posting decals and stickers in their
Diocese of Bacolod v. COMELEC, G.R. No. moving vehicles to express their support for
205728, January 21, 201 5) candidates and their platforms, programs and
ideologies and to convince others to vote for

1
 them. (Adiong v. Commission on Elections by the Fundamental Law not only to settle
[COMELEC], 207 SCRA 712 [1992]) actual controversies involving rights which are
legally demandable and enforceable, but also
to determine whether or not there has been a
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any
branch or instrumentality of the
When s ac a c a lenge to Government." (Imbons Ochoa, 721 SCRA
constitutionality of a law on the ground of 146 [2014])
violation of the Bill of Rights traditionally
allowed? Explain your answer. (3%) eedom of the press has four aspects:
om from prior restraint;
from punishment subsequent
"In ritted States S) constitutional la ess to information; and
facial challenge, also known as a First irculation. (Chavez v.
Amendment Challenge, is one that is launched Con 441 [2008])
to assail the validity of statutes concerning not
only protected speech, but also all other rights Overbreadth v. Void-for-
in the First Amendment. These include vagueness
religious freedom, freedom of the press, and
the right of the people to peaceably assemble, The overbreadth e decrees that a
and to petition the Government for a redress governmental ay not be achieved
of grievances. After all, the fundamental right by means o to which sweeps
to religious freedom, freedom of the press unnecessaril y, invades the area of
and peaceful assembly are but component protected statute is void for-
-

rights of the right to one's freedom of vague forbids or requires the

expression, as they arc modes by which one's s so vague that men of
thoughts are externalized. nce cannot necessarily guess
nd differ as to its application.
In this jurisdiction, the application Sandiganbtyan, 369 SCRA 394
doctrines originating from the U.S. has been
generally maintained, albeit with some
modifications. While this Court has withheld Tests of Valid Exercise
the application of facial challenges to strictly of Freedom of Expression
penal statutes, it has expanded its scope to 3 Questions)
cover statutes not only regulating free speech,
but also those involving religious freedom, Clear and present danger test
and other fundamental rights. The underlying
reason for this modification is simple. For Danger created must not only be clear and
unlike its counterpart in the U.S., this Court, present but also traceable to the ideas
under its expanded jurisdiction, is mandated

2
expressed. (Gon zales v. Commission on Elections, Freedom of speech extends to commercial
G.R. No. L-27833, _April 18, 1969) advertisements, but it does not have the same
extent of protection as political speech. It may
The evil consequence of the speech must be be regulated if it is untruthful and misleading.
extremely serious and the degree of (Ibid.)
imminence extremely high before it can be
punished. (Ibid.) Dangerous tendency test

Balancing of interests test If the words uttered create a dangerous

tendency of an evil which the state has the
When two legitimate values not invol .ht to prevent, then such words are
national security crimes compete. • . e. (Cabansag v. Fernande G.R. No. L-
41168, 1957)
The public interest sought
the social value and e State Regulation of Different
freedom are to be jud • actors Types of Mass Media
such as: (3 Questions)
(1) The social valu • rtance of the
speech; he Ling of decals and
(2) The specific the restrictic8 liFi ckers on places is
whether it • or indirect, and unconstitutional. s the freedom of
whether the p cted are few; expression of in ho wish to express
(3) The nature an the evil sought their preferen ndidate by posting
to be prevente decals and sue their cars and to
(4) Whether restri • ropriate and convince o with them. (Adiong v.
necessary; and Commission 07 SCRA 712 [1 992])
(5) Whether the pu may be
safeguarded by of restrictive
" freedom of speech is a
means. (Ibid.) to action and not on the
ate parties. The mass media are
Only the original user of cybers • terprises, and their refusal to accept
posted a libelous statement on cyberspac any advertisement does not violate freedom
should be held liable for libel. To penalize of speech. Government entities and officers,
those in the social media who share it with they are bound by the guarantee of freedom
others for aiding or abetting the commission of speech. Freedom of speech extends to
of the offense will have a chilling effect on commercial advertisements. (Carey v. Population
them. Under the culture of the social media, Services International, 431 US 678 [1977])
the readers think little or haphazardly of their
response. (Dirini v. Secretary of Justice, G.R. No. When constitutional
203335, February 11, 2014)
It is within the constitutional power of
COMELEC to supervise the enjoyment or
utilization of franchises for the operation of (Disini v. Secretary of Justice, G.R. 35,
No. 2031
media communication and information for February 11, 2014)
the purpose of ensuring equal opportunity,
time, and space, and the right to reply. Content-Based &
(National Press Club v. Commission on Elections, Content-Neutral Regulation
G.R. No. 102653, March 5, 1992) (114u-esti-on

Private v. Government Speech Content-based restraint

(3 Questions)
Regulates the message or idea; distorts public
A senator is a public person and bate, improper motivation, imposed out of
questioned imputation is directed ow people will react to a particular
in his public capacity. In t a v. Commission on Elections, G.R
malice means the stateme 31, 1998)
knowledge that it was fats lerance of pro-government
disregard of whether it was f (Boal demo./
v. Court of Appeals, 301 ( R 91)
content-b e tion is given the
In the law of libel ted speech, a strictest scru enged acts must be
person who gives public a legitimaf0 ubjected to di ear a present danger test.
interest in his do his affairs, and his (Chavez v. Gonzales, G. o. 168338, February
character, has bec lic figure. (Ayer 15, 2008)
Productions Pty. Ltd. 160 SCRA 861,
[1988]) Content - neu tion

Libel of public figur ce or manner without

(Osmetia v. Commission on
The guarantees of free. oT eech 2239, March 31, 1 998)
press prohibit a public office. . ublic f
from recovering damages for tral regulation merely controls
falsehood relating to his offici place, or manner. Only a substantial
unless he proves that it was made wt overnment interest is required for its validity.
knowledge that it was false or with reckless An intermediate approach is applied. The
disregard of whether it was false or not. (Boal regulation is justified if it furthers an
v. Court of Appeals, .301 SCRA 1 [1999]) important governmental interest, and the
restriction is not greater than necessary.
Commercial Speech (Chavez v. Gonzales, G.R. No. 168338, February
(2 items) 95, 2008)

Entitled to lesser protection compared to

other constitutionally guaranteed expression.

4
 Heckler's Veto Assistance of Counsel
(1 Question) 5 Questions

Situations in which the government attempts Right to competent and independent counsel
to ban protected speech because it might of his own choice. It is not subject to waiver
provoke a violent response. The mere except if the accused is allowed by the court
possibility of a violent reaction to protected to defend himself. (Sec. 12, Art. III, 1987
speech is simply not a constitutional basis on Constitution)
which to restrict the right to speak. (Roe v.
Cranford, 514 F. 3d 789, January 22, 2008) Persons arrested, detained or under custodial
vestigation shall be assisted by counsel. (Sec.
No. 7438)

eitt to sel attaches upon the start of

Bail es e. when the investigating
(7 Questions office k questions to elicit
informan sions or admissions,
All persons actuall except those from the ri ccused. (Gamboa v.
charged with offen le by reclusion Call 162 SC 8])
44-
P1,0‘)
perpetua or death, henvidence
e of guilt`A
strong. (Sec. 13, A I, 1987 Constitution)

Matter of Right v.

Bail as a matter of
Before or after convi court of competent
before conviction by
not punishable by death, ceeded against in orderly
life imprisonment. (Sec. 4, w;
Court) d opportunity to be heard;
g before judgment and judgment
Bail, when discretionary to be rendered within the authority of a
Before conviction by the RTC of an offense constitutional law. (Mefia v. Pamaran, 160
punishable by death, reclusion perpetua or life SCRA 457 [1988])
imprisonment and upon conviction by the
RTC of an offense not punishable by death, NOTE: After arraignment, trial may proceed
reclusion perpetua, or life imprisonment. (Sec. 5, notwithstanding the absence of the accused,
Rule 114, Rules of Court) provided that he has been duly notified and
his failure to appear is unjustifiable. (Sec. 14(2),
Art. III, 1987 Constitution)

5
 Right to be Informed Right to Speedy, Impartial
2 Questions and Public Trial
2 Questions
Contemplates the transmission of meaningful
information rather than just the ceremonial The grant of the motion for postponement
and perfunctory recitation of an abstract would not have violated the right of the
constitutional principle. (People v. Nicandro, 141 accused to speedy trial. Since the motion for
SCRA 289 [1986]) postponement was the first one requested, the
need for the offended party to attend to a
Miranda rights ofessional commitment is a valid reason, no
right of the accused would be
A person in custody who will d the prosecution should be
must be informed of the fo portunity to prosecute its
255 SCRA 238 [1996])
(1) He has the right to al case predicated on
(2) Anything he says ight ea ed to a speedy trial
against him; ants to for failure of the
(3) He has the rig ounsel cation guilt and bars his
the investigatio nd • uent pro cutio r the same offense.
(4) He must be formed that if he v. Intermediate App to Court, 179 SCRA
indigent, a la e appointed to [1W.9 )
represent him. rizona, 384 US
436 [1966]) Presumption of Innocence,
When Not Applicable
Under Section 12, the 1987 1 Question
Constitution, he has th silent.
His silence cannot be e w
s a t it resumption will not apply
admission; otherwise, his rig • remain sil is some logical connection
would be rendered nugatory. ring ct proved and the ultimate fact
his right against self-incrimination p , and the inference of one fact from
right to remain silent, he cannot be pen oof of another shall not be so unreasonable
for exercising it. (People v. Galvez, 519 SCRA as to be a purely arbitrary mandate. (People v.
521 [2001_7) Burton, 268 SCRA 531 [1997], citing Dizon-
Pamintuan v. People, 234 SCRA 63 [1 994])
Manifested through allegations in the
complaint or information Right to be Heard
(1 Question)
Accused cannot be convicted of a crime
unless it is clearly alleged or charged in the (1) No person shall be held to answer for a
information filed against him. (People v. Ortega, criminal offense without due process of
G.R. No. 116736, July 24, 1997) law.

6
(2) In all criminal prosecutions, the accused (3) Failure to appear is unjustified. (People v.
shall be presumed innocent until the Judge Salas, 143 SCRA 163 [1986])
contrary is proved, and shall enjoy the
right to be heard by himself and counsel, SEARCHES AND SEIZURES
to be informed of the nature and cause of 19 Questions
the accusation against him, to have a
speedy, impartial, and public trial, to meet Warrantless Searches
the witnesses face to face, and to have (8 Questions)
compulsory process to secure the
attendance of witnesses and the Warrantless search may be effected in the
production of evidence in his behalf. rig cases:
However, after arraignment, trial may
proceed notwithstanding the absence o ent to lawful arrest
the accused: Provided, that he has bee le found in plain view
duly notified and his failure to appear is
unjustifiable. (Sec. 14, Art. III, 1987 (4) En stoms law
Constitution) (5) Rou borders and ports of
entry immigration laws,
Right of Confrontation quarantin curity, and customs
(1 Question) laws
(6) Waiver
Opportunity to tes' 'e tes asony of a witness
(7) Searches o establishment to
by cross-examinati enforce po ons. (See also Sec. 5,
1Zu k 113, final Procedure)
Two-fold purpose:
ror the v f a constitutional right,
(1) To afford accused to test first, it st that the right exists;
the testimony of th y cross- person involved had
examination; and er actual or constructive, of
(2) To allow the judge to of such right; and thirdly, that
deportment of the witness. person had an actual intention to
G.R. No. 12990, January, 21, 1918) relinquish the right. (De Garcia v. Locsin, 65
Phil. 689, June 20, 1938)
Trial in Absentia
(1 Question) Bar Question 2015

Trial may proceed despite the absence of the XVII I

accused.
Around 12:00 midnight, a team of police
Requisites: officers was on routine patrol in Barangay
(1) Valid arraignment; Makatarungan when it noticed an open
(2) Notice of Hearing; and delivery van neatly covered with banana

7
 leaves. Believing that the van was loaded with Mere passive silence cannot be construed to
contraband, the team leader flagged down the constitute consent to the warrantless search.
vehicle which was driven by Hades. He (Caballes v. Court of Appeals, 373 SCRA 221
inquired from Hades what was loaded on the [2005 11,
van. Hades just gave the police officer a blank
stare and started to perspire profusely. The "Stop-and-frisk" rule
police officers then told Hades that they will
look inside the vehicle. Hades did not make The validity of the search as akin to "stop-
any reply. The police officers then lifted the and-frisk" which, in the landmark U.S. case,
banana leaves and saw several boxes. They Terry v. Ohio, was defined as the vernacular
opened the boxes and discovered several kilos ation of the right of a police officer to
of shabu inside. Hades was charged with en on the street, interrogate him
illegal possession of illegal drugs. After due
for weapons whenever he
proceedings, he was convicted by the trial
conduct which leads him to
court. On appeal, the Court of Appeals
al activity may be afoot.
affirmed his conviction. In his final bid for eats, G.R. No. 113447,
exoneration, I fades went to the Supreme
Court claiming that his constitutional right
against unreasonable searches and seizures E: The frisk rule" does not
was violated when the police officers searched e warra ess s h and seizure. It
his vehicle without a warrant; that the shabu es when a police cer sees suspicious
confiscated from him is thus inadmissible in vity, which may ke him believe a
evidence; and that there being no evidence criminal activi 6 on and decides to
against him, he is entitled to an acquittal. For investigate. For p ection, he may stop
its part, the People of the Philippines and frisk th volved, because they
maintains that the case of Hades involved a may be top and frisk rule" is
consented warrantless search which is legally not a for dente but a search for
recognized. The People adverts to the fact win s . rotection of the police
that Hades did not offer any protest when the
course of the search, h
police officers asked him if they could look
e is being committed, he ma
in side the vehicle. Thus, any evidence
e a full warrantless arrest and
obtained in the course thereof is admissible arrantless search and seizure. (Lug v. Peep
evidence. Whose claim is correct? Explain. 667 SCRA 421 [2012J)
(5N
Elements of valid seizure based on the
Answer: "plain view" doctrine:
This is a situation of illegal warrantless search. (1) A prior valid intrusion wherein the po
There was no probable cause to justify the are legally present in the pursuit of
search of the van. Moreover the shabu was official duties;
not immediately apparent having been
discovered only after they opened the boxes.

8
(2) The evidence was inadvertently dis- Warrantless Arrests
covered by the police who have the right 3 Questions
to be where they are;
(3) The evidence must be immediately Only the leader or organizer can be arrested
apparent; and without a warrant during the rally for holding
(4) 'Plain view" justified the seizure of the a rally without a permit, but no person can be
evidence without any further search. arrested for merely participating in or
(People v. Bolasa, G.R. No. 125754, December attending the rally if it was peaceful. (Sec.
22,1995) 13(a), B.P. Blg. 880) The rally should just be
peacefully dispersed. (Sec. 12, B.P. Blg. 880)
The judge was caught in flagrante delicto as
was placing the bundles of mone antless arrests:
driver's seat of his car, and
seized by the NBI agents rante delicto: has committed,
there was no need for a miffing, attempting to
fruits of the offens being do ec. 5(a), Rule 113 Rules on
incidental to a law same rule Crimi Jedu
was applied in People 5 SCRA 235 (2) Doctrine suit: offense has just
[1992], where a "b on" was made been co
at the house of th cuse and, immediately (3) Escapee or tenti • p risoner (Ibid.); and
after the purchase e accused was arrested (4) Continuing offense mil v. Ramos, G.R
and a search was of premises. (Office ,No. 81567, Jul 9, 1
of the Court Admin rron, A.M. No.
RTJ-98-1420, Octobe Requisites of a Valid Warrant
(2 Questions)
Concept
(3 Questions) (1) Pro
(
• f probable cause made by
Evidence obtained in viol
against unreasonable searches non by the judge was made
inadmissible. an examination under oath or
affirmation of the complainant and the
Coverage against unreasonable searches and witnesses he may produce;
seizures: (4) Complainant or witnesses testified to facts
(1) Sanctity and privacy of a person himself within their personal knowledge; and
(2) Inviolability of a person's home and his (5) Particularly describing the place to be
possession. (Sec. 3(2), Art. III, 1987 searched, persons or objects to be seized.
Constitution) (Sec. 2, Art. III, 1987 Constitution)

GENERAL RULE: Only a judge can issue a

warrant for the purpose of determining

9
probable cause. (Sec. 5, Rule 112 of the Rules f According to Fabella v. Court of Appeals, 283
Court) SCRA 256 (1997), to be considered as the
authorized representative of such
EXCEPTION: Commissioner of organization, the teacher must be chosen by
Immigration for purposes of execution by the organization itself and not by the
final judgment in a deportation case. (Sec. 37, Secretary of Education, Culture and Sports.
C.A. No. 613) Since in administrative proceedings, due
process requires that the tribunal be vested
As held in People v. Court of Appeals, 291 SCRA with jurisdiction and be so constituted as to
400 [1993], if the place searched is different afford a person charged administratively, a
from that stated in the search warrant sonable guarantee of impartiality must be
evidence seized is inadmiss . f the teacher who is a member of
policeman cannot modify th ee was not appointed in
searched as set out in the se. acco the law, any proceeding
• ed with deprivation of
DUE PROCESS — THE RIGHTS prole s.
OF LIFE, LIBERTY AND
Void for Vagueness Doctrine
PROPERTY - -

(4 Questions)
(12 Questions)
When a statute forbids requires the doing
Relativity of Due Process
of an act in terms ague that men of
(4 Questions)
common inte m necessarily guess as
to its meaning an if' as to its application,
Due process is ble _because not all the law is d v. Such kind of statute
situations calling for roc "ral safeguards violates e- tial requisite of due
call for the same kind (Secretary process be se it denies the accused
of Justice v. Landon, G.R. January h ed of the charge against
18, 2000) . Sandiganbayan, 421 Phil.
ber 19, 2001)
As held in Corona v. United
Association of the Philippines, 283 S Procedu al and Substa itiv D P
[1997], pilotage as a profession is a property (1 Question)
right protected by the guarantee of due
process. The pre-evaluation cancellation of Procedural due Substantive due
the licenses of the harbor pilots every year is process process
unreasonable and violate their right to The compliance with The intrinsic validity
substantive due process. The issuance of the the procedures or of a law that
administrative order also violated procedural steps, even periods, interferes with the
due process, since no prior public hearing was prescribed by the rights of a person to
conducted. statute, in conformity his property. ('not v.
with the standard of Intermediate Appellate

10
fair play and without Court, 148 SCRA 659 (2) The most essential, insistent and the least
the arbitrariness on [1987]) limitable of (government) powers,
the part of those who extending as it does to all the great public
are called upon to needs, is police power. (District of Columbia
administer it. (Tupas v. v. Brooks, 214 U.S. 138, [1 909])
Court of Appeals, 193
(3) Police power concerns government
SCRA 597 [1 991]) enactments which precisely interfere with
personal liberty or property in order to
Constitutional and Statutory Due Process
promote general welfare or the common
1 Question good. (Edu v. Ericta, G.R. No. L-32096,
ber 24, 1970) It may be said that the
Constitutional due Statut of the public generally require the
process e police power, and that the
Protects the d are reasonably necessary
individual from the and shment of the purpose
government and rules an y oppressive upon
assures him of hi r tee employees indivi stice Society v. A tien.za,
rights in crimin eing unjustly Jr., G.R. ebruay 13, 2008)
civil, ted without
administrative just cause after no C(4) Law abso y pr 'biting all forms of
proceedings. (Aga. and hearing. (Ibid.) gambling is a v exercise of police
v. NLRC, G.R. power, because is an evil that
158693, November undermine cial, moral and
2004) economic the nation. (People v.
Punta, 68,0481 39])
FUNDAMENTAL POWERS OF (5) Ex n the property is valid
THE STATE be' exercise of the State's
(POLICE POWER, EMINENT we of ent domain exercised
,

NHA by Congressional fiat.

DOMAIN, TAXATION)
opriation of the private land for
clearance and urban development is
for a public purpose even if the developed
Concept, Application and Limits area is later sold to private homeowners,
(6 Questions) commercial firms, and other private
parties. (Heirs of Juancho A rdona v. Reyes,
(1) The inherent powers of the State are: 125 SCRA 220 [1 983])
(a) Police Power; (6) The rule of taxation shall be uniform and
(b) Power of Eminent Domain; and equitable. The Congress shall evolve a
progressive system of taxation. (Sec. 28 (1),
(c) Power of Taxation.
Art. VI, 1987 Constitution) A tax is

11
 progressive when the rate increases as the Requisites for a Valid Exercise of
tax base increases. Eminent Domain:
(7) As held in Department of Education, Culture (1) Necessity;
and Sports v. San Diego, 180 SCRA 533
(2) Private property;
(1989), the rule is that a valid exercise of
police power is meant to ensure that those (3) Taking;
admitted to the medical profession are (4) Public use; and
qualified. The arguments of Cruz are not
meritorious. The right to quality education (5) Just compensation.
and academic freedom are not absolute.
The right to choose a profession is tations on the Power of Taxation:
to fair, reasonable and equita e:a ssi ent limitations
and academic requiremen
blic purpose;
(8) When private property is rendered
uninhabitable by any entity with the elegability of power;
power to exercise eminent domain, the taxation;
taking is deemed complete. (NPC v. CA,
G. R. No. 106804, August 12, 2004) Takin n of government
occurs not only when the governmen on; and
actually deprives or dispossesses the al comity.
property owner of his property or its
tations
ordinary use, but also when there is a
practical destruction or material ss of law;
impairment of the value of the property. tection of law;
(Rep. v. CA, G.R. No. 147245, March 31,
2005, 454 SCRA 516; Heirs of Mateo ty, equitability and
Pidacan Romana Eigo, et ad v. ATO, et al., essivity;
CR. No. 162779, June 15, 2007) on-impairment of contracts;
Requisites for Valid Exercise Non-imprisonment for non-
(5 Questions) payment of poll tax;
(f) Revenue and tariff bills must
Requisites for a Valid Exercise of Police originate in the House of
Power: Representatives;
(1) Lawful subject; and (g) Non-infringement of religious
(2) Lawful means freedom;
(h) Tax exemption of revenues
and assets of educational
institutions.

12
 FREEDOM OF RELIGION responsibilities imposed. (Ichong v. Hernandek)
(10 Questions) C.R. No. L-7995, May 31, 1957)

At the option expressed in writing by their

Requisites for valid classification:
parents or guardians, religion shall be taught
(1) Rests on substantial distinctions;
to students in public elementary and high
(2) Germane to the purpose of the law;
schools within regular class hours by
(3) Not limited to existing conditions; and
instructors designated or approved by the
(4) Apply equally to all members of the same
religious authorities of their religion. (Sec. 3(3),
class. (Beltran v. Secretary of Health, 512 Phil
Art. XIV, 1987 Constitution)
560, 583 [2005])
The separation of church and
inviolable (Sec. 6, Art. II, 1
implemented most by
principles embodied in
clause. (Sec. 5, Art. III,
The Jay, Bisexual and ransgender Youth
sociation (GBTYA), an organization of gay,
Free exercise claus
isexual, and transgender persons, filed for
accreditation with the COMELEC to join the
To compel studen to take part in the
forthcoming party-list elections. The
ceremony when i against their religious
ous freedom. COMELEC denied the application for
beliefs will violat
accreditation on the ground that GBTY A
Their expulsion als the duty of the
Art. XIV, 1987 espouses immorality which offends religious
State under Sec.
ote the right dogmas. GBTY A challenges the denial of its
Constitution to prot
and make application based on moral grounds because it
of all citizens to qu
violates its right to equal protection of the
such education accessi ralinag v.
law.
The Division Superintendent f Cebu,
SCRA 256 [1993])
What are the three (3) levels of test that
The exercise of religious freedom inc
applied in equal protection cases? Explain.
right to disseminate religious information. %)
(Iglesia ni Cristo v. Court of Appeals, 259 SCRA
(2) Which of the three (3) levels of test
529 [1996])
should be applied to the present case?
Explain. (3%)
EQUAL PROTECTION
6 Questions Answer:
Equal protection requires that all persons or (1) The three levels of test applied in equal
things similarly situated should be treated protection cases are the strict scrutiny
alike, both as to rights conferred and

13
 review, the intermediate scrutiny review LCBT Party v. Commission on Elections. 618
and rationality review. SCRA 32 120-1 01)

Under strict scrutiny, if the legislative Alternative answer:

classification disadvantages a subject class or
impinges upon a fundamental right, the The three levels of tests are as follows:
statute must fall unless the government can the strict scrutiny test for laws dealing
show that the classification serves a with freedom of the mind or restricting
compelling governmental interest. the political process (..Serrano v. Gallant
Maritime Services Inc., C. R No. 167614,
Intermediate scrutiny on the other ha March 24, 2009); the rational basis
involves a situation where the classification, standard for the review of economic
while not facially invidious, gives rise to legislation; and heightened or
recurring constitutional difficulties or intermediate scrutiny for evaluating
disadvantages under a quasi-suspect class, it classifications based on gender and
will be treated under intermediate review. The legitimacy (White Light Corporation,
law must not only further an important 'Titanium ('orporation and Sta. Mesa Tourist
government interest and be related to that & Development Corporation v. City of Manila,
interest. The justification must be genuine and C. K No. 122846, January 20, 2009)
must not depend on broad generalizations.
(2) The strict scrutiny test should be applied
If neither the strict nor the intermediate because here the challenged classification
scrutiny is appropriate, the statute will be restric *q!, ess.
tested for mere rationality. Thus the
reasonableness and fairness of state action RIGHTS OF A SUSPECT
and of legitimate grounds of distinction is
(5 Questions)
presumed while subject to challenge.
Re e admissibility of an
(2) Classification on the basis of sexual '
extrajildici nfession:
orientation is a quasi-subject
classification that prompts intermediat
must be voluntary;
review. Gay and lesbian perso
(2) It must be made with the assistance of
historically were and continue to be t
competent and independent counsel;
target of discrimination due to their
(3) It must be express; and
sexual orientation. Sexual orientation has
(4) It must be in writing. (People v. Tan, 286
no relation to a person's ability , to
SCRA 207 [19981)
contribute to society. The discrimination
that distinguish the gays and lesbians.
The rights guaranteed by Section 12, Article
persons are beyond their control. Thi
III of the 1987 Constitution applies only
group lacks sufficient political streng
against testimonial evidence. An accused may
to bring an end to discriminatio
be compelled to be photographed or
through political means. (A ns I
measured, his garments may be removed, and

14
his body may be examined. (People v. Poll:or, NOTES:
261 SCRA 615 [1996]) • Ordering the accused to produce a sample
of his handwriting to be used as evidence,
Available when the investigation is no longer to prove that he is the author of a letter in
a general inquiry into an unsolved crime but which he agreed to kill the victim is illegal
focuses on a particular suspect, as when the as this will violate his right against self-
suspect has been taken into police custody incrimination. (2006 Bar)
and the police carry out a process of • Since the officials were not being
interrogation that lends itself to eliciting subjected to a criminal penalty, they
incriminating statements. (Escobedo v. Illinois, cannot invoke their right against self-
378 U.S. 478 [1964]) crimination unless a question calling for
iminating answer is propounded.
Waiver of right Sec. of Labor, C.R. No. L-6409,
4)
It must be in writing an body of a person to
counsel. Only the rig hysi n and using the results
the right to counsel as evi does not violate the
not include the righ right agars ,` crimination. (United
warnings. (Sec. 1 States v. Tali hil. 123, September 5,
Constitution) 1912)

Who can assert s

Under Section
Constitution, the c
only against the one twice in jeopardy of
one whose rights were me offense. If an act is
objection as his right is p w and an ordinance,
quittal under either shall
to another prosecution for the
SELF-INCRIMINATION ec. 21, Art. 111,1987 Constitution)
CLAUSE
(6 Questions) Requisites:

Right against self-incrimination (1) Court of competent jurisdiction;

(2) A complaint/information sufficient in
Refers to testimonial evidence and does not form and substance to sustain conviction;
apply to the production of a photocopy of the (3) Arraignment and plea by the accused; and
master plan of Camp Aquino, because it is a (4) Conviction, acquittal, or dismissal of case
public record. He cannot object to the request without the express consent, of the
for him to confirm his custody of the master accused. (Sec. 7, Rule 117, Rules of Court;
plan, because he is the public officer who had People v. Obsania, 23 SCRA 1249 [1968])
custody of it. (2010 Bar)

15
 who desires to sell. (Republic v. Court of Appeals,
RIGHT OF ASSOCIATION 433 Phil 106, Judy 2, 2002)
(5 Questions)
When the State requires private cemeteries to
Right of those employed in the public and reserve 10% of their lots for burial of the
private sectors to form unions, associations, poor, it exercises its eminent domain power.
or societies for purposes not contrary to law (2011 Bar)
shall not be abridged. (Sec. 8, Art. III, 1987
Constitution) PRIVACY OF
COMMUNICATIONS AND
Section 8, Article III, 1987 Cons
allows employees in the public se
CORRESPONDENCE
unions. However, they cann (4 Questions)
(NIPSTA v. Laguio, Jr. G
95590, August 6, 1991, 2 the tape-recording of a
tele on done without the
The teachers cannot itli tha eiii right to au , riza the parties to the
peaceably assemble and p al tion for the c.onversatio , ble as evidence. In
redress of grieva addition, the g f the conversation
s har„ een curtailed.:
According to Ban violated the Iran of privacy of
an v. Courts of Appe
276 SCRA 619 (1 ), they can exercise this communications enun ted in Section 3,
right without stopp Artide III, 1987 Cons on. (Salcedo-Ortariez
oas es.
v. Court qf Appe etr 111 [1 994])
According to De la ruz v. Court of Appeals,
305 SCRA 303 (19 What the la is the overhearing,
ment of the
teachers that they wer intercepting, cording of private
ex ising their
constitutional right to e communi .o ce the exchange of
bly and hea
to petition the governm fo redress of private, its videotape
grievance cannot be sustain ecause s ohibited. (Navarro v. Court of
rights must be exercised with ona e 153 [1999])
limits.
right is inviolable, except upon lawful
EMINENT DOMAIN order of the court, or when public safety or
order requires otherwise (Sec. 3(1), Art. III,
(5 Questions) 1987 Constitution). Any evidence obtained in
violation shall be inadmissible for any purpose
Fair Market Value (FMV) in any proceeding (Sec. 3 (2), Art. III, 1987
Constitution). It covers letters, messages,
Market value for purposes of determining just telephone calls, telegrams and the like.
compensation in eminent domain has been
described as the fair value of property
between one who desires to purchase and one

16
 RIGHT TO INFORMATION EX POST FACTO LAWS AND
(3 Questions) BILLS OF ATTAINDER
(3 Questions)
Limitations
(1 Question) Ex post facto law
One which aggravates a crime or makes it
(1) National security matters and intelligence greater than when it was committed.
information;
(2) Trade secrets and banking transactions; Cases of ex post facto law:
(3) Criminal matters;
(4) Confidential information which • tio ne which makes an act done before the
domestic correspondence; of the law a crime which was
(5) Closed door cabinet me- . hen done and punishes it;
(6) Executive sessions • the 4! ••••• avates a crime or makes
Congress and the e h • ons hen it was committed;
of the Supreme v. PCCC;, On s a greater punishment
C. R No. 13071 ec ber (
) OS) than t e ty en it was committed;
(4) One w e rules of evidence
Publication of Laws and Regulations and rece ess different evidence
1 Question than was require. hen the crime was
committed;
Right to due pr SS relation to the (5)
One whims s to regulate civil
conclusive presum n at every person rights an di only but imposes a
knows the law. (Fa uvera, G.R. No. L-
'
penalty depri on of rights which
63915, December 29, 1 was la - 11 ne;
(6) One es a person accused of
. Right to Information Relative to ful protection to which
Government Contract Negotiation ed, such as amnesty and
1 Question pardy. (Republic v. Eugenio, Jr,
384 [2008])
Diplomatic negotiations have been re
in our jurisdiction as privileged in Bill of attainder
character. Information on inter-government A legislative act which inflicts punishment
exchanges prior to the conclusion of treaties without trial. (Misolas v. Panga, 181 SCRA 648,
and executive agreements may be subject to 659 [1990])
reasonable safeguards for the sake of national
interest. (Chavez v. PCGG, G.R. No. 130716,
December 9, 1 998)

17
 LIBERTY OF ABODE AND of a public official or employee, or of a
FREEDOM OF MOVEMENT private individual or entity engaged in the
gathering, collecting or storing of data or
(2 Questions)
information regarding the person, family,
home and correspondence of the aggrieved
The liberty of abode and of changing the
party. (Sec. 1, Rule on the Writ of Habeas Data,
same within the limits prescribed by law shall
A.M. No. 08-1-16-SC)
not be impaired except upon lawful order of
the court. Neither shall the right to travel be
Writ of Kalikasan
impaired except in the interest of national
Issued when a constitutional right to a
security, public safety, or public health, as may
anted and healthful ecology is violated, or
be provided by law. (Sec. 6, Art. III, 198
with violation by an unlawful act
Constitution)
f a public official or employee,
vidual or entity without
Limitations
ental damage of such
(2 Questions)
maghi r
dice the life, health or
property in two or more cities
Liberty of abode
or provinces ; Rules of Procedure for
Upon lawful order o
)-:;nvironmental No. 09-6-8-SC)
Right to travel
Upon lawful ord of the court and by EXCESSIVE FINES AND CRUEL
administrative a e.g. national AND
security, public safe
person on bail.
rita health and any INHUMANE PUNISHMENTS
(2 Questions)
4111
WRITS OF AMPARO, HABEAS Excessive not be imposed, nor
DATA, AND KALIKASAN cm inhumane punishment
(2 Questions) for compelling reasons
us crimes. (Sec. 19 (1), Art. III,
Writ of Amparo ution)
A remedy available to any person whose rig
to life, liberty, and security has been violated Cruel punishments involve:
or is threatened with violation by a public
official or employee, or of a private individual (1) Torture of lingering death (Legarda v.
or entity. (Sec. 1, Rule on the Writ of Amparo, ValdeJ;
A.M. No. 07-9-12-SC) (2) Not only severe, harsh or excessive but
flagrantly and plainly oppressive. Wholly
Writ of Habeas Data disproportionate to the nature of the
A remedy available to any person whose right offense as to shock the moral sense of the
to privacy in life, liberty or security is violated community. (People v. Estoista, 93 Phil 655)
or threatened by an unlawful act or omission

18
 WRIT OF HABEAS CORPUS The following are the rights of the coastal
(1 Question) state in the exclusive economic zone:

writ directed to the person detaining (1) Sovereign rights for the purpose of
A
exploring and exploiting, conserving and
another, commanding him to produce the
managing the living and non-living
body of the prisoner at a designated time and
resources in the superjacent waters of the
place, the day and cause of his caption and
seabed and the resources of the seabed
detention, to do, submit to, and receive
and subsoil;
whatever the court or judge awarding the writ
shall consider in that behalf. (Bouvier's Law (2) Sovereign rights with respect to the other
activities for the economic exploitation
Dictionary, Third Revision [1 914])
exploration of the zone or EEZ,
oduction of energy from water,
INVOLUNTARY SERVITUDE winds;
(1 Question) right with respect to
use of artificial islands;
Condition where one co by force, (4) J uris as to protection and
coercion or impris ag*st his preserva aruie environment;
will, to labor for a er he is paid (5) Jurisclictt ver marine scientific
or not. (Erickson v. t, 4 n. 14 7 [1889*, research;
•
(6) Other fights and 4 I es provided for in
the UN Convent on the Law of the
II. PUBLIC Sea or LOS. (Art. 56,
INTERNATIONAL LAW NCLOS)
(74 QUESTIONS) Territorial Sea
(4 Questions

LAW OF THE SEA cal miles from baseline. State

(13 Questions) Ships have "right of innocent

Exclusive Economic Zone (EEZ)

(5 Questions) It is up to a limit not exceeding twelve (12)
nautical miles, measured from the baseline
Two hundred (200) nautical miles from Ships of all states, whether coastal or not for
baseline. Coastal state has sovereign rights for an innocent, passage through the territorial
purposes of exploring and exploiting, sea. (Art. 3, UNCLOS)
conserving and managing the natural
resources, the seabed and subsoil. (Sec. 18,
P.D. 1599, June 11, 1978)

19
 Baselines Internal Waters
2 Questions (2 Question

Line from which the territorial sea, the Waters on the landward side of baselines. No
contiguous zone and the exclusive economic right of innocent passage. (Ad. 8, UNCLOS)
zone is measured. (Art. 5, UNCLOS)
Bar Question 2015
Normal baseline method
Territorial sea is drawn from the low-water II
mark of the coast, following sinuosities and
curvatures, excluding the internal waters. (1) A bill was introduced in the House of
5, UNCLOS) Representatives in order to implement
faithfully the provisions of the United
Straight baseline method Nations Convention on the Law of the
Straight lines are made t Sea (UNCLOS) to which the Philippines
points on the coast wi adically is a signatory. Congressman Pat Rio Tek
from its general direc N .0S) questioned the constitutionality of the
bill on the ground that the provisions of
Jurisdiction over y oup of UNCLOS are violative of the provisions
Islands and Scarb s ugh oals of the Constitution defining the
The Kalayaan Isla s and the Scarboroug Philippine internal waters and territorial
Shoals are located at an a reciable distanc sea. Do you agree or not with the said
from the nearest shorelin f the Philippine objection? Explain. (3%)
Archipelago. A straight b ne loped around
them from the ne baseli3e will violate (2) Describe the following maritime regime
Art. 47(3) and Art. 47 of f" U CLOS III. under UNCLOS: (4%)
Whether the bodies o ndward (a) Territorial sea
of the baselines of the P e inte (b) Contiguous zone
waters or archipelagic wate Philippi (c) Exclusive economic zone .

retains jurisdiction over them. allots (d) Continental shelf

Ermita, 655 SCRA 476 [2011])

Contiguous Zone
A maritime zone adjacent to the territorial (1) The Constitution mandates that the vast
seas where the coastal state may exercise expanse of internal waters described
certain protective jurisdiction. (An: 33, therein as separating the islands of the
UNCLOS) Philippine Archipelago, without regard
to breadth or dimension, are part of state
territory and are thus under the
sovereignty of the State. This means that
they cannot be open to international
navigation without the express consent

20
 of the State. (Magalona v. Ermita, 655 baselines. Magallona v. Ermita, 655 SCR4
SCRA 476 [2011]) 4 76 %2011])

NCI.OS for its part transforms Another alternative answer:

constitutional internal waters into archipelagic
waters by virtue of Art. 52 of the same states (1)
No. The UNCLOS is a product of
that "ships of all States enjoy the right of international negotiation which balances
innocent passage", within archipelagic states State sovereignty (mare clausum) with the
such as the Philippines. principle of freedom of the high seas
(mare liberum). It prioritizes the freedom
As to territorial sea, the expanse of the to use the world's marine waters as one
Philippine territorial sea extends from 200 of the oldest and most eminent
nautical miles up to the International Treaty customary principles of international law.
Limits (ITL) around the Philippines Under the UNCLOS, the coastal State is
Archipelago as set out in Art. III of the Treaty granted varying degrees of sovereign
of Paris of 10 December 1898 and integrated rights over the different zones of the sea
under Art. I of the 1935 Constitution. such as the:
internal waters,
Under the UNCLOS, the 200 nm of territorial territorial sea,
sea and the ITL as boundaries of the contiguous zone,
Philippines have been dissolved and under the exclusive economic zone, and
UNCLOS the new boundaries are drawn by the high seas.
the outer limit of the new territorial seas of
not exceeding 12 nautical miles emanating The Coastal States also have jurisdiction over
from the baseline. foreign vessels depending on where it is
located. Moreover, the Coastal State exercises
This implies the collapse of the sovereignty sovereignty over its internal waters and
granted under the ITL. territorial sea, subject to the UNCLOS and
ther rules of international law. This
Alternative answer: overeignty includes the air space, sea bed and
subsoil over the territorial sea. (Arigo v. Swift,
(1) Congressman Pat Rio Tek's contention C.R. No. 206510, September 16, 2014)
is untenable. The UNCLOS does not
involve acquisition or loss of territory. It UNCLOS III fails to define the internal and
merely regulates sea use rights and territorial waters of states and only gives the
maritime zones, contiguous zones, prescribed "water-land ratio, length, and
exclusive economic zones, and contour of baselines of archipelagic States like
continental shelves. Whether as internal the Philippines."
waters or archipelagic waters, the
Philippines exercises sovereignty over "UNCLOS III has nothing to do with the
the body of water lying landward of the acquisition (or loss) of territory." It is a
multilateral treaty regulating sea-use rights

21
over maritime zones (i.e., the territorial (c) The economic zone extends 200 nautical
waters, contiguous zone, and exclusive miles from the baselines of the territorial
economic zone), as well as the continental sea and allows for the coastal state to
shelves. exploit, conserve and manage the natural
resources of the waters subjacent to the
"UNCLOS III and its ancillary baselines laws sea-bed and its sub-soil, and economic
play no role in the acquisition, enlargement or, xploitation and exploration, such as the
as petitioners claim, diminution of territory. oduction of ener
Under traditional international law typology,
States acquire (or conversely, lose) territory e contmenta s e gives the coas
through occupation, accretion, cession and State rights to explore and exploit the
prescription, not by executing multilater resources by operation of law.
treaties on the regulations of sea-use rights or
enacting statutes to comply with the treaty' INTERNATIONAL
terms to delimit maritime zones an HUMANITARIAN LAW
continental shelves. Territorial claims to land
AND NEUTRALITY
features are outside UNCLOS III, and are
instead governed by the rules on general (11 Questions)
international law." 04agallona v. hrmita, 655
SCRA 476 (20111) International an law
A set of rules which k, for humanitarian
(2) (a) The territorial, sea measures 12 reasons, to limit the of s of armed conflict.
nautical miles from the baselines. The It protects pe are not or are no
archipelagic state may draw straight longer partici the hostilities and
archipelagic baselines from the restricts the s methods of warfare.
outermost islands of the archipelago, but Internation law is also known
it should not depart by any appreciable as the la wo law of armed conflict.
extent from the general configuration by do International Humanitarian
more than three percent (3%) of the . Committee on the Red Cross
(Map/lona toalnumberfhsi.
Ermita, 655 SCRA 476 [2011])
ality
(b) Contiguous to the territorial sea is the The formal position taken by a State which is
so-called contiguous zone which extends not participating in an armed conflict or
to the maximum limit of 24 nautical which does not want to become involved. On
miles from the baselines of the territorial the one hand, the neutral State has the right to
sea and gives functional jurisdiction to stand apart from and not be adversely
the adjoining coastal state to prevent affected by the conflict. On the other hand, it
infringements of customs, fiscal, has a duty of non-participation and
immigration and sanitary regulations. impartiality. (The Law of Armed Conflict:
Neutrality, International Committee of the Red
Cross)

22
A Member of the United Nations has the DIPLOMATIC AND CONSULAR
right of self-defense "until the Security LAW
Council has taken measures necessary to 8 Questions
maintain inter-national peace and security".
(Art. 51, UN Charter) Agents of diplomatic intercourse

International Court of Justice (1)Head of state;

The principal judicial organ of the UN; Foreign secretary or minister;
(2)
composed of 15 members elected for a term Members of diplomatic service;
(3)
of nine years by absolute majority vote in the Special diplomatic agents appointed by
(4)
General Assembly and the Security Co d of state; and
in separate elections, no two of ceremonial. (Vienna Convention on
5)
be nationals of the same state lotions)
of high moral character
qualifications required plomatic mission
countries for appoin ighest
judicial offices or e Wilts of
cpres g State;
recognized competence in international law. of the sending State
Protect t
The seat of the Int urt of Justice
and its na
is at The Hague, erlan s. (Arts. 1 -3, 4, Negotiate with the overnment of the
Statute of the Interna 1 Court of Justice) receiving State;
(4) Ascertain co d developments in
The Court decid- ous cases and report these to the
the receiv e
renders advisory Only states,
sending S
including non-mem UN, may be elations between the
Promot dl
parties in contentiou e .urisdiction to at e receiving State; and
of the Court is based t of the
(6) c, cultural and scientific
parties in accordance copti
3, Vienna Convention on
jurisdiction clause", and the may dec
lotions)
in interpretation of treaties, scion
international law, the existence matic immunities and privileges
constituting breach of intemation
obligations, and the nature or extent of the (1) Inviolability of correspondence/archives
reparation to be made for the breach of an and other documents;
international obligation. Advisory opinions
(2) Freedom of movement and travel;
may be given upon request of the General
Assembly, or the Security Council, or the (3) Immunity from jurisdiction for acts
performed in official capacity;
other organs of the UN when authorized by
(4) Consular officer is not immune from
the General Assembly. (Art. 65, Statute of the criminal jurisdiction of receiving State;
International Court of Justice) and

23
 (5) Exemption from certain taxes and custom (3) An action relating to any professional or
duties. (Ad. 22-36, Vienna Convention on commercial activity exercised by the
Diplomatic Relations) diplomatic agent in the receiving State
outside his official functions. (Art 31,
A diplomatic agent shall not be liable to any Vienna Convention on Diplomatic Relations)
form of arrest or detention. d: 29, Vienna
Convention on Diplomatic Relations) CONCEPTS
(6 Questions)
Diplomatic immunity applicable to
W.H.O. officials
Obligations erga omnes
don of every state towards the
Officials of the World Health 0 irate community as a whole. All states
enjoy diplomatic immunity a
have st in its compliance.
exemption from duties
diplomatic immunity
r.x..e
question, where a plea unity
(1) Pro of Aggression;
is recognized and of ed b ( Prohib f Genocide;
Department, it is t the court to (1) protection of basic
accept the claim o (World licalth fiuman rt.
Organization v. Aqui 48 S 242 [19721)S
4) Obligations relatin self-determination;
Diplomatic nego ons are privileged in
and
order to encoura a f .k exchange of
(5) Obligations the environment of
exploratory ideas the parties common s lita Vinuya, et. aZ, v.
shielding the nego o rom public view. Honorable lberto Romulo, et. al,
(Akbcgan Citizens A Aquino, 558 G.R. No ril 28, 2010)
SCRA 468 [2008])
Jus coo.
Immunity, when NOT
pa f general international law
c a cognized by the international
A diplomatic agent has no
of:
rom which no derogation is
efm ed.
(1) A real action relating to private Example: Prohibition against the use of force
immovable property situated in the
by one state against another, torture, racial
territory of the receiving State, unless he
discrimination, genocide, war crimes, crimes
holds it on behalf of the sending State for
against humanity, slavery, and piracy. (Isabelita
purposes of the mission;
(2) An action relating to succession in which
Vinuya, et al., v. Honorable Secretary Alberto
Romulo, et al., G.R. No. 162230, April 28, 2010)
the diplomatic agent is involved as
executor, administrator, heir or legatee as a
Ex aequo et bono (Doctrine of equity)
private person and not on behalf of the
If both parties to a dispute agree, court can
sending State; and
decide a case applying equity in precedence to

24
all other legal rules. (Art. 38 (2), Statute of SOURCES OF INTERNATIONAL
International Court of Justice) LAW
(5 Questions)
JURISDICTION OF STATES
(6 Questions Primary Sources

Territoriality Principle (1) International conventions, establishing

Crimes committed within a state's boundaries rules expressly recognized by the
and persons within the territory are subject to contesting states;
application of local law. (2) International custom;
(3) General principles of law recognized by
GENERAL RULE: A State civilized nations;
jurisdiction only within its to (4) Judicial decisions and writings of the
publicists.
EXCEPTIONS:
(1) Continuing offe
(2) acts prejudicial
(3) international c dicial d 111";
(4) offenses cove eachings of the most highly qualified
ublicists of the various nations. (An'. 38,
Universality Prin nternational Court of tice)
A state has j
considered as unive between sources:
war crimes and crim
ary: Primary sources
Nationality Principl
A State has jurisdicti By practice,
anywhere in the world. recedence over customs,
s over general principles of
Protective Principle wever, a treaty in conflict with a
A State has jurisdiction over acts co stom which is part of the jus cogens is
abroad deemed prejudicial to its national void. (Art. 53, Vienna Convention on the Law
security or vital interest. of Treaties)

Passive Personality Principle TREATIES

A State may exercise jurisdiction over an (5 Questions)
individual for offenses committed abroad
which have affected or will affect its nationals. An international agreement concluded
between States in written form and governed
by international law. (A rt. 2 (1) (a), Vienna
Convention on the Law of Treaties)

25
 (3) Diplomatic powers in a Treaty v. in
Fundamental principles an Executive agreement:

(1) Pacta stint servanda The authority of the President to enter into an
Treaties must be observed in good faith. executive agreement is an executive power.
(4 rt. 26, Vienna Convention on the Law of An executive agreement becomes effective
Treaties) without the concurrence of the legislature.
(USAFFE Veterans Association, Inc., v. The
GENERAL RULE: Party must comply with Treasurer of the Philippines, et al., G. R. No. L-
provisions of treaty and cannot ignore or 10500, June 30, 1959)
modify the same without the consent of
other signatory. (Arts. 26, 3 'dent makes treaties with the advice
Convention on the Law of Treaties) of the senate; but he alone
randum Circular No. 89, S-
EXCEPTION: The per- tv f
international law kno 111, Bens,"
which means compe law. Art c 3, T 'ienna Bar Question 2015
Convention on the Law t
is )
(2) Rebus sic star us

obligation if c
contracted hav h
10
ition 1
Justifies the n -performance of treaty
o which parties
materially and
The Philippines and the Republic of Kroi Sha
established diplomatic relations and
immediately their respective Presidents signed
unexpectedly as a e a situation in the following: (1) Executive Agreement
which exaction ce would be allowing the Republic of Kroi Sha to establish
unreasonable. (A enna Convention
' its embassy and consular offices within Metro
on the Law of Treaties Manila; and (2) Executive Agreement allowing
the Republic of Kroi Sha to bring to the
Limitations: hilippines its military complement, warships,
(a) Applies only to treatie d armaments from time to time for a period
duration; not exceeding one month for the purpose of
(b) Vital change claimed as justificatio g exercises with the Philippine military
for discontinuance of the treaty must forces and exempting from Philippine
be unforeseen or unforeseeable; criminal jurisdiction acts committed in the line
(c) Must not be caused by party invoking of duty by foreign military personnel, and
the doctrine; from paying custom duties on all the goods
(d) Must be invoked within a reasonable brought by said foreign forces into Philippine
time from occurrence of change territory in connection with the holding of the
asserted; and activities authorized under the said Executive
(e) Cannot operate retroactively. Agreement.

26
Senator Maagap questioned the Expulsion of alien considered undesirable;
constitutionality of the said Executive (2) Reconduction
Agreements and demanded that the Executive Forcible conveying of aliens back to their
Agreements be submitted to the Senate for home state; and
ratification pursuant to the Philippine (3) Extradition
Constitution. Is Senator Maagap correct? Surrender of a person wanted for
Explain. (4%) prosecution or punishment, based on
consent, expressed in treaty or manifested
Answer: as an act of goodwill.

Ratification by the Senate is not necessary for Principle of specialty

the Executive Agreement allowing the Af extradited may be tried only for the
Republic of Kroi Sha to establish its embassy crime in the request for extradition
and consular offices within Metro Manila to nd lude . the list of offenses in
be valid. Not being treaties they are not Lion a nited States. v. Rauscher,
required to be ratified though the concurrence 119
of the Senate. (Commission of Customs t Eastern
•
Sea Trading, 35 SCRA 345/1961J,) INTERNATIONAL AND
NATIONAL LAW
However an Executive Agreement such as the
(4 Questions
one in question allowing the bringing to the
Philippines of Kroi Sha's military
international 1
complement, warships and armaments from
time to time for training exercises with the
(1) Law o ination (consent):
Philippine military forces must be submitted
Regular of states and other
for concurrence of the Senate. This is in line
intern s;
with Sec. 25, Art. XVIII of the Constitution
(2) ipally from treaties,
which requires Senate ratification even for the
customs, and other
temporary presence of foreign troops. (Bayan'
agreements;
v. Zamora, 342 SCRA 449 12000]) to state
through state
nsactions. (See Restatement of the Law,
TREATMENT OF ALIENS Third, American Law Institute; Statute of the
(5 Questions) International Court of Justice, Art. 38 (1))

No state is under obligation to admit aliens. It Municipal law

has the inherent power to determine in what
cases and under what conditions it may admit (1) Law of subordination (issued by political
and expel aliens. superior: Regulates relations of individuals
among themselves or with own states;
A State's means of expulsion of aliens consists mainly of statutory enactments,
and executive orders and judicial
(1) Deportation: pronouncements;

27
(2) Redressed through local administrative against the contracting state. (North American
and judicial processes; Dredging Co. of Texas v. United Mexican Case)
(3) Breach of which entails individual
responsibility. SUBJECTS
(2 Questions)
Doctrine of incorporation v. Doctrine of
transformation State
A group of people, more or less numerous,
Doctrine of incorporation permanently living in a definite territory,
International laws adopted as part of state's under an independent government organized
municipal law, by a general provision or cla • litical ends and capable of entering into
usually in its Constitution. If choic ns with other states. (CIR v.
• II

made between international la Rueda, G.R. No. L-13250,

law, municipal law should
municipal or local cou
G.R. No. 118295, May A

pe tion;
Doctrine of transfo ) A deftnit
Requires that a in nal law 136 3) Governm
transformed into omestic law through" . - 84) Sovereignty and th pacity to enter into
constitutional me nism such as local relations with states. (Art. 1,
legislation, pursuan • Art. I, Sec. 21, 1987 Montevideo C the Rights and Duties
Constitution which o. y r at "ittio treaty ofS tates, 26 33)
or international agr: e s all be valid and
effective unless con e at least two- INTERNATIONAL
thirds (2/3) of all the bof he Senate."
(Pharmaceutical and Hea v. Ditque HUMAN RIGHTS LAW
III, C. R. No. 173034, June (2 Questions)

STATE RESPONSIBILITY ers aration of Human Rights

first comprehensive catalogue of human
(4 Questions)
is proclaimed by an international
organization; is not a treaty and not
Once state admits an alien, it becomes its
obligatory. As a resolution, it is merely
obligation to afford protection to that alien. If
recommendatory.
alien dies/suffers injury, it may give rise to
liability for international tort. (Restatement of the
Fundamental Rights:
Law, Third, American Law Institute)
(1) Right to life, liberty and security of person
Calvo Clause
(Art. 3, ibid.); and
A provision in an agreement which requires
(2) Right to social security, realization of
that aliens are not entitled to claim upon or
economic, social & cultural righ
through its national state for protection as

28
 indispensable for dignity development of
personality. (Art. 22, ibid.) III. LAW ON PUBLIC
OFFICERS
NATIONALITY AND
STATELESSNESS (63 QUESTIONS)
1 Questions
ACCOUNTABILITY OF PUBLIC
Nationality
The character, status or condition with OFFICERS
reference to the rights and duties of a person (16 Questions)
as a member of a state or nation ra
another. (Bouvier's Law Diction itiA Impeachment
1914) (6 Questions

Stateless Person A against a public officer,

A person who is not sid national before a al court, instituted by
by any state under th p ft i
p f law. (1954 written called "articles of
Convention Relating s of Stateless impeachment Law Dictionary, 2"
Persons) Edition, 1910).

Consequences of telessness Impeachment is a me d of public inquest

into the cond f blic men. (Separate
(1) No State can
behalf of a
international de
another State in
eriSior complain in
el person for an
uommitted by
le:ilt upon him;
opinion of J.
Representatives,
2003)
ti . N
v. House of
60261, November 10,

(2) He cannot be expe e if he is Im o

lawfully in its territory, ti4ik
EXCEPTION: on gro
security or public order; and
nati Ri lTl&de
2) V sident;
ttces of the Supreme Court;
(3) He cannot avail himself of the protection (4) Chairmen and Members of the
and benefits of citizenship, like securing Constitutional Commissions; and
for himself a passport or visa and personal (5) Ombudsman. (Sec. 2, Ad. XI, 1987
documents. (1995 Bar) Constitution)

Grounds for impeachment:

(1) Culpable violation of the Constitution;

(2) Treason;
(3) Bribery;
(4) Graft and corruption; and

29
(5) Other high crimes; and officials of the government. (Sec. 21, R.A.
(6) Betrayal of public trust (Sec. 2, An XI, 6770)
1987 Constitution)
EXCEPTIONS:
NOTES: (1) Officials who may be removed only by
• Betrayal of public trust includes violation impeachment, members of Congress, and
of the oath of office of the President. In the Judiciary. (Sec. 21, RA. 6770)
his oath of office, the President swore to (2) Under Sec. 15(3) of the Ombudsman Act,
preserve and defend the Constitution. (Sec. the Ombudsman has the power to ensure
5, Art. VII, 1987 Constitution) compliance with the imposition of penalty
• A public officer impeached and re on public officers it finds at fault by virtue
from office shall nevertheless disciplinary authority. (Office of the
subject to prosecutio v. Madriaga, 503 SCRA 631
punishment accordin
Art. XI, 1987 Consiit
Appoi t en the President
The Or d his deputies are
appointed b sident from a list
,prepared by i. nd Bar Council. (Sec.
The Ombudsma and his deputies, as P, Art. XI, 198 onstit n)
protectors of the p ple, are mandated to act
promptly on complaints in any form or MODES AND KINDS OF
manner against officers ployees of the APPOINTMENT
Government or of a'. division, agency or (9 Questions)
instrumentality
government-owned
corporations. (Sec.
including
controlled
1987
Pcrmanesh ap ent
Constitution) e a tment as Cabinet Member
t appointment. (Summers v.
Investigative power ii 754 [1948]).

The Ombudsman can investigate crimes or The President, Vice President, the Members
offenses committed by public officers which of the Cabinet, and their deputies or assistants
are not connected with the performance of shall not, during said tenure, directly or
their duties. (Deloso v. Domingo, 191 SCRA 545) indirectly, practice any other profession,
participate in any business, or be financially
Disciplinary power interested in any contract with, or in any
franchise, or special privilege granted by the
GENERAL RULE: Office of the Government or any subdivision, agency, or
Ombudsman is vested with disciplinary instrumentality thereof, including
authority over all elective and appointive government-owned or controlled
corporations or their subsidiaries. They shall

30
strictly avoid conflict of interest in the LIABILITIES OF PUBLIC
conduct of their office. (Sec. 13, Art. VII, OFFICERS
1987 Constitution) (9 Questions)
Temporary appointment Suspension

An acting appointment is merely temporary. Suspension is a punishment that is imposed

A temporary appointment cannot become a by the Senate or House of Representatives
permanent appointment, unless a new upon an erring member. It is distinct from the
appointment which is permanent is made. suspension under Section 13 of the Anti-
(Marohombsar v. Alonto, 194 SCRA 390 [199 d Corrupt Practices Act, which is not
t a preventive measure. (Santiago v.
An appointment held at the 5 SCRA 636 [2001])
appointing power is essen
nature. (Prado de Tavera v. suspension
Society, Inc., 197 Phil 919
Under Sec Civil Service Law, the
Prohibited Appoin provision for f salaries during the
: period of p uspension pending
The Administratt Co e prohibits *1 ted. The preventive
'investigation has been
appointments in t ties of a relative of the alty. Its imposition
suspension was not a
appointing authori e third degree was lawful, s* authorized by law.
of consanguinity o e prohibition Is, 306 SCRA 287
(Gloria v. Cou

+
applies to all appo whether original
or promotional. ( lgip Civil Service
Commission, 237 S 4 4] Nature ge e Suspension; Back

NOTES:
sal co able

• The rule on nepotism ve ension is not a penalty, hence,

designations made in favor recover salaries during his
the authority making the tive suspension. During the preventive
Designation accomplishes the same suspension, he was not yet out of the service.
purpose as appointment (Laurel v. Civil However, he is entitled to back wages from
Service Commission, 203 SCRA 195 [1991J) the time of his dismissal until his
• Sections 26 and 31 of Republic Act 6975 reinstatement. The enforcement of the
are unconstitutional, because Congress dismissal pending appeal was punitive, and he
cannot by law expand the list of public was exonerated. (Ibid.)
officials required to be confirmed by the
Commission on Appointments. (M analo v. Power to impose preventive suspension
Sistoza, 312 SCRA 239 [1999])
Section 24 of R.A. 6770 grants the
Ombudsman the power to impose preventive

31
suspension up to six (6) months. Preventive Duties of Public Officers
suspension may be imposed without any
notice or hearing. It is merely a preliminary (1) To be accountable to the people, to
step in an administrative investigation and is serve them with utmost responsibility,
not the final determination of the guilt of the integrity, loyalty and efficiency; to act
officer concerned. (Garcia v. Mgica, 314 SCRA with patriotism and justice; and to lead
207 [1999]) modest lives (Sec. 1, Art. XI, 1987
Constitution);
Prescription, not a bar to the right to (2) To submit a declaration under oath of
recover properties unlawfully acquired his assets, liabilities and net worth upon
assumption of office and as often
The right of the State to recover s. after as may be required by law (Sec.
unlawfully acquired by pub
employees, from them or fr • owe State and the Constitution
or transferees, shall times (Sec. 18, ibid.);
prescription. (Sec 15, A I stitutio i 's duty to provide legal
‘;e1171. • vernment, its offices
POWERS AND DUTIES OF ,lndins es, and its officials
PUBLIC OFFICERS and ag datory (Gonzales v.
97351, February 4,
(7 Questions) 1992);
[he Government ever estopped from
All public officers e ees shall take an questio ac • f its officials, more
oath to uphold an . efdti e Constitution. • neous or irre
so if the
(Sec. 4, Art. IX-B, 19 Constitu 'on) '(Sharp 'on arketing v. CA, G.K.
No. 9 er 4, 1991)
SALN; when require

Statement of assets, habili d

anillnet wc4111%.2. DE FACTO OFFICERS
all public officers and emplo re requiil (5 Questions)
to submit a declaration under • . their
assets, liabilities and net worth. (Sec. cto officer is one who is in possession
XI, 1987 Constitution) of an office and who openly exercises its
functions under the color of an appointment
NOTES: or election, even though such appointment or
• Public officers must, in choosing whether election may be irregular. (Dimaandal v. CoA,
or not to prosecute an action, exercise his 291 SCRA 322 [1998])
discretion according to law and the best
interest of the State. (2011 Bar) NOTES:
• A judge of the Regional Trial Court • De facto officers are entitled to
derives his powers and duties from emoluments attached to the office for
statute. (2011 Bar) actual services rendered. (Civil Liberties

32
 Union v. Executive Secretary, 194 SCRA IMMUNITY OF
317[1991]) PUBLIC OFFICERS
• For one to be a de facto officer, the office
must be validly created. (Fuanda v.
(3 Questions)
Sandiganbayan, 249 SCRA 342 [1 995])
Application of "operative fact" doctrine
ELIGIBILITY AND The actual existence of a statute, prior to such
QUALIFICATION a determination [of unconstitutionality], is an
REQUIREMENTS operative fact and may have consequences
3 Questions which cannot justly be ignored. The past
always be erased by a new judicial
Acquisition of civil service The effect of the subsequent
tenure of a temporary ap validity may have to be
automatically translate us aspects, with respect to
appointment. A new ch is dividual and corporate,
permanent is necess .amarines t, private and official.
Sur v. Court of Appeals 81'11 995j) Agb6 'ne National Bank, 38
The lawyer assi must' be 429 [1
independent. As C Att y, he provid4
legal support to th ity Mayor in performing ty
his duties, which ude the maintenance of
peace and order. nga, 399 SCRA GENERAL RAM e doctrine of state
624 [2003]) immunity appliiirif c plaints filed against
public offic . for cts done in the
Eligibility performanc. fficial duties. (Shauf v.
State of being legally q C G.R. die. 1 ovember 27, 1990)

Qualification
May be understood either as: icial is charged in his official
(1) Endowment, qualities, an for acts that are unlawful and
which make an individual eligib e urious to others;
public office. It must be possessed at the (2) They are not exempt, in their personal
time of appointment or election and capacity, from liability arising from acts
continuously for as long as the official committed in bad faith (Lzinsang v. CA,
relationship continues. C.R. No. 102667,.February 28, 2000);
(2) Act: the act of entering into the (3) The Public official is clearly being sued in
performance of the functions of the his personal capacity, although the acts
office. may have been committed while he
occupied a public position. (Ibid.); and
(4) Suit to compel performance of official
duty or restrain performance of an act.

33
 THE CIVIL SERVICE administrative practice. (Commission on
(3 Questions) Internal Revenue v. San Roque Power
Corporation, 707 SCRA 66 [2013])
Institutions covered
TERM LIMITS
Embraces all branches, subdivisions, 3 Questions
instrumentalities and agencies of the
Government, including government-owned Term of office of elective local officials,
and controlled corporations with original except barangay officials, shall be for three (3)
charters. (Sec. 2(1), Art IX-B, 1987 Constitution) years and no such official shall serve for more
three (3) consecutive terms.
Institutions not covered
unciation, effect
Government—owned
corporations (GOCCs) the on of the office for any
Corporation Code ar by the len of be considered as an
Civil Service Law b b the abor Code, Interrupt( tinuity of his service
because only m - owned or for the full hich he was elected.
controlled corpora ginal chart er c. 8, A Constitution of the
are covered by the Service. (PNOC-LOC,
v. Leogardo, G.R No -58494, July 5, 1989)
DISABILITIES AND
Ministerial duty o INHIBITIONS
OF PUBLIC OFFICERS
It must be stressed aw does not
2 Questions
impose a rigid or mec rd on the
appointing power. Th person
D*0 hold public office:
enjoys sufficient discre elect
appoint employees on the ba their fitn
1) oc to who lost in an election shall,
to perform the duties and to
one (1) year after the election, be
responsibilities of the position to
appointed to any office in the
(Central Bank v. CSC, G.R. No. 80455-56, April
Government (Sec. 6, Art. IX-B, 1987
10, 1989)
Constitution);
NOTES: (2) No elective official shall be eligible for
• Since a law is presumed to be valid before appointment or designation in any
it was declared invalid, fairness and justice capacity to any public office or position
demand that acts done in obedience to it during his tenure (Sec. 7 (1), ibid.);
must be accepted as valid. (De Agbcyani v. (3) No appointive official shall hold any other
Philippine National Bank, ibid.) position in the Government, unless
• The doctrine applies to laws and executive otherwise allowed by law or by the
issuances only and does not apply to

34
 primary functions of his position (Sec. (9) Members of CONCOM, Ombudsman
7(2), ibid.); and his deputies must not have been
candidates for any elective position in the
(4) The President, Vice President, Members
elections preceding their appointment (Sec.
of the Cabinet, and their deputies or
1, Art. IX-B; Sec. 1, Art. IX-C, Sec. 1, A rt.
assistants, shall not hold any other office
1X-D; Sec. 8, Art. XI, 1987 Constitution);
or employment during their tenure (Sec.
and
13, A n: VII, 1987 Constitution);
(10) Members of CONCOM, Ombudsman
5) No Senator or member of the House of
and his Deputies are appointed to a term
Representatives may hold any other office
of 7 years without reappointment. (Sec.
or employment in the Government, . •
, Art. IX-B; Sec. 1(2), Art. IX-C; Sec.
subdivision, agency or ins
IX-D; Sec. 11, Art. XI, 1987
thereof including GO r Ali -
C tit
subsidiaries during nierwith
forfeiting his seat. shall
In 'oils:11
appointed to any e $ have
been created nor em rs thereof
(1) The Pr e e-President, Cabinet
ior which he
increased durin
was elected (
Constitution);
tor

eira
. VI, 198 7 Members
shall not;
uties and assistants
tenure, directly or
indirectly practice a other profession or
(6) Members of SC and of other courts participate in an business, or be
established by ,s of be designated financially taste any contract with
to any agency p quasi-judicial or the Gover y shall strictly avoid
administrative ctions. (Sec. 12, Art. conflict o erest the conduct of their
VIII, 1987 Consti
EXCEPTION: w
to an electoral tri
n)llip
ey41
al
111 signated
alintal U.
(2) No
ff4p.
ikF
office (S
ii r or
ati
11,1987 Constitution);
mber of the House of
may hold any other office
Presidential Electoral
191618, November 23, 201
G.R.
it vir m, o t in the Government during
thout forfeiting his seat (Sec.
. VI, 1987 Constitution); and
(7) No member of a CONCOM sh
his tenure, hold any other office Or (3) Neither shall a Senator or Member of the
employment (Sec. 2, Art. IX-A, 1987 House of Representatives be appointed to
Constitution). Same disqualification applies any office which may have been created
to the Ombudsman and his deputies (Sec. or the emoluments thereof increased
VIII, Art. XI, 1987 Constitution); during the term for which he was elected.
(Ibid.) [known as forbidden office]
(8) Ombudsman or his deputies shall not be
qualified to run for any office in the
election immediately succeeding their
cessation from office (Sec. 11, ibid.);

35
Bar Question 2015 before the electoral tribunal, quasi-judicial
or administrative bodies. (Sec. 4, Art. VI,
III 1987 Constitution)

Professor Masipag who holds a plantilla or (5) No senator or member of the house of
representatives shall directly or indirectly,
regular item in the University of the
be interested financially in any contract
Philippines (UP) is appointed as an Executive
with, or in any franchise or special
Assistant in the Court of Appeals (CA). The
privilege granted by the Government
professor is considered only on leave of
during his term of office. (Ibid.)
absence in UP while he reports for work at
the CA which shall pay him the salary of the 6 No member of the CONCOM shall,
Executive Assistant. The appointment to the his tenure, hold any other office or
CA position was questioned, but Professor nt. Neither shall he engage in
Masipag countered that he will not collect the of any profession or in the
salary for both positions; hence, he cannot be ent or control of business
accused of receiving double compensation. Is may be affected by the
the argument of the professor valid? Explain. nc ffice, nor shall he be
(4°/0) (2015 Bar) financi directly or indirectly,
in any co r in any franchise or
Answer: special ege granted by the
Government, d his term of office.
Professor Masipag may be correct in saying (Sec. 2, Art. IX-A, '87 Constitution) The
that there is no double compensation as there same inn applies to the
is no additional or double compensation to be Ombudsman Deputies (Sec. 8, Art.
had. Nevertheless, he cannot be allowed to XI, 1987 and
accept the position of Executive Assistant of 8 provides that no
the Court of Appeals during his incumbency yee in the civil service
as a regular employee of the University of the, ectly, or indirectly in any
Philippines. Here the former position woul g or partisan political
be an incompatible office which is not (Sec. 2(4), Art. IX-B, 1987
allowed to be concurrently held by him and
Art.. IX-B, Section 7 of the Constitution
which mentions that "unless otherwise NOTE: There is no violation when another
allowed by law or by his position, no office is held by a public officer in an ex
appointive official shall hold any other office officio capacity as provided by law and as
in the Government." (National Amnesty required by the primary functions of his
Commission v. Commission on Audit; No. office.
156982, September 8, 2004)

(4) No senator or member of the House of

Representatives may personally appear as
counsel before any court of justice or

36
 GENERAL PRINCIPLES TERMINATION OF
(1 Question) OFFICIAL RELATION
(1 Question
Public Officer
Public officer refers to a person whose duties, (1) Expiration of Term;
not being of a clerical or manual nature, (2) Resignation (Ortiz v. Comelec, C.R. No.
involves the exercise of discretion in the 78957, June 28, 1988);
performance of the functions of the (3) Abandonment (Sangguniang BDIan of San
government. When used with reference to a Andres, Catanduanes v. CA, G.R. No.
person having authority to do a particular act 118883, January 16, 1998);
or perform a particular function cceptance of an incompatible office
exercise of governmental pow ez III v. CSC, G.R. 94878, May 15,
includes any government e
body having authority 2(3), Art. IX-B, 1987
exercise that function. No.
292) (6) Impe c. 2, Art. XI, 1987
Conti
RIGHTS OF PUBLIC OFFICERS (7) Forfeitur to assume elective
(1 Question) office (6) months from
proclamation (Sec. 1 P. 881);
Rights of public s cers are the following: (8) Abolition of office endoa v. Quisimbing,
104 C.R. No. 78 4, 1990);
(1) To office and (9) Reaching t
(2) Preference in p (10) Convi rime;
(3) Vacation and s Sec. 81, Local (11) Dea
(12) R
Government Code
(4) Maternity, paternity
(5) Retirement pay (Profet
104139, December 22, 19
(6) Pension and gratuity;
(7) Reimbursement for expenses in
the due performance of his duty;
(8) Indemnified against any liability which
they may incur in the bona fide discharge
of their duties;
(9) Longevity pay and present complaints
and grievances;
(10) Exercise the powers connected with the
office;
(11) Special protection; and
(12) Self-organization (Sec. 2(5), Ad. IX-B,
1987 Constitution).

37
 Who Appoints
IV. LOCAL
GOVERN MENTS President - through the Executive Secretary
Sangguniang Panlalawigan; and Sanggunian
(58 QUESTIONS) Panlungsod of HUC and ICC
Governor - Sangguniang Paniungsod
component cities; Sangguniang Bayan
POWERS OF LOCAL
GOVERNMENT UNITS (LGUS) Mayor - upon recommendation of th
(39 Questions) Sangguniang Barangay concerne
• niang Barangay

Succession of elective officials

8 Questions)
upon acceptance by t
Succession of elective officials in ca. e of
permanent vacancies
(1) Presi ors, vice-governors
and may ce-mayors of highl
(1) Office of the go V -governor
(2) Office of the m
(3) Office of gove
r:0
r, Vice governor, Mayor
urbanize
component
and independen

(2) Governor — munic mayors, municip

Or Vice-ma '.hest ranking vice-mayors, city ors and city vice
Sanggunian m in case of his mayors of cities
(highest ranki than member)
(3) Sanggunian ed — sanggunia
permanent inab cond highest member
ranking Sanggunian, me r — successor (4) City • mayor baranga
from same political par of .'• k 4 82)
(4) Office of the Pun 4 .1 gay: the
highest ranking San Bara Exercise of Eminent Domain
member — successor m . may by LGU
come from the same politic (6 Questions)
44, LGC)
Requisites:
Permanent vacancies in the Sanggunian
(1) Exercised through the local chie
Automatic succession does not apply, rather it executive;
is filled by appointment. (2) Through an ordinance (not a mer
resolution)
(3) For public use, purpose, or welfare for th
benefit of the poor and the landless;
(4) Payment of just compensation;

38
 A valid and definite offer to buy was Legislative Power
made and was not accepted. (Sec. 19, 4 Questions
GC)
Who may exercise:
Term of Office
of Elected Local Official (1) Sangguniang Panlalawigan (province)
(6 Questions (2) Sangguniang Panglungsod (city)
(3) Sangguniang Bayan (municipality)
Three (3) years from noon of the 30 th of June (4) Sangguniang Barangay (barangay)
following the election or such date as may be
provided by law except for elective bar OTE: The Liga ng Mga Barangay cannot
officials, maximum of three ( 3) 'slative powers. It is not a local
terms in same position. t and its primary purpose is to
ntation of the liga in the
A law fixing the terms o r Onon v. .Fernandes 350
than barangay offic . ton al, SC1
becausthConi terms of
local offices at three Requisites o dinance:
may determine the
(Sec. 8, Art. X, 198 (1) Not contra o the •nstitution or laws;
(2) Not unfair or oppre ve;
Police Power (3) Not partial or discri atory;
(General Welfare Clause) (4) Not proh.ib m regulate trade;
(5 Questions) (5) Reasonable; a
(6) General on and Consistent
Not inherent. LGUs e lice power with p (Tatel v. Municipality of
under the general we (Sec. 16, Virg 243 March 11,
LGC) 9

Requisites: 7* gguniang Panlalawigan

(1) Express grant by law; angguniang Panlalawigan can declare an

(2) Interest of public requires the ordinance invalid only if it is beyond the
interference of the state (Equal power of the Sangguniang Bayan to pass or
protection); approve. Moday v. Court of Appeals, 268 SCRA
(3) Means employed reasonably necessary & 586 1997])
not unduly oppressive (Due process);
(4) Exercisable within territorial limits of Re-classification of land by a local
LGU, except protection of water supply government unit
(Territoriality); and
(5) Not contrary to Constitution and laws. Under Section 2 of the Local Government
Code, the enactment of an ordinance is

39
required. (Department of Agrarian Reform v. Polo Between and among two or more highly
Coconut. Plantation Company, Inc., 564 SCRA 78 urbanized cities: Sangguniang Panglungsod
[2008]) of the cities

Recall Between a municipality and an

4 Questims-)-- independent component city: Regional
Trial Court in the province
Mode of removal of public officer before end
of term. People's prerogative to remove a Section 118 of the Local Government Code
public officer is an incident of their sovereign does not provide for the office or agency
power. sted with the jurisdiction over the
of boundary disputes between a
Ground d an independent component
province; However under
Loss of confidence, no D d by R.A. 7691 it should
inquiry, political questi Court in the province
can ate controversy. After all,
Limitations Region. Court has general
sdiction e all controversies,
(1) Local official r
election only o
(a), LCC)
(2) No recall shall
from date of
be su ject of a re
during his term. (Sec. 74

within 1 year
assumption to
ti
xcept only th . e wi

C'. R. No. 141375 Aril 2003)

Between and
Id from its plenary
powers. (Municipality o 'nanga v. Madrona,

unicipalities in the
office or one immediately same pro
preceding a re Sec. 74 (b) Under Sec e Local Government
LGC) Code, referred for settlement
anlalawigan. (Municipality
Settlement of Boundary Disputes zcipalio of Aritao, 533 SCRA
(2 Questions)

Boundary disputes between local governme Taxing Power

units should be settled amicably. After efforts (1 Question
at settlement fail, dispute may be brought to
the appropriate RTC in the said province. Only limitations established by Congress can
define and limit the powers of local
Between and among two or more governments. (Art. X, Sec. 5 of the 1987
municipalities (within same province): Constitution)
Sangguniang Panlalawigan

40
 Corporate Powers Discipline of Local Officials
(1 Question) 1 Question

Public streets are properties for public use and Effect of re-election when there is a
are outside the commerce of man. The City pending administrative case
Mayor and the City Engineer cannot lease or
license portions of the city streets to market A local elected official cannot be removed
stallholders. (Macasiano v. Diokno, 212 SCRA from office for misconduct committed during
464 [1992]) his previous term because each term is
separate and the people, by re-electing him,
Liability of LGUs e deemed to have forgiven his misconduct.
1 Question v. Santos, 212 SCRA 768 11 9921)

GENERAL RULE: Loc official who committed an

and their officials are se can be removed even if
liability for death or ons or he *a tion 1, Art. XI of the
damage to property. ( Constitu that public office is
public trust. es accountability. Re-
The local governme
_ le in damages election is of condoning an

to
for death or injurie ffere Tc by reason of did , administrative fense orales v. Court of
defective conditio f roads, streets, bridges, Appeals, C.R. No. 21712 November 10, 201 5)
public buildings an • ther blic works. (A rt.
2189, Civil Code) MUNICIPAL CORPORATIONS
(11 Questions)
Municipal corporati able because
their charters grant co etence to
co Requisites and limitations on creation or
sue and be sued. (Muni of rnando v. conve
Judge Firme, C.R. No. L-5 1991
ity, municipality or barangay
EXCEPTION: Generally not ed, divided, merged, abolished, or
committed by them in the dis • • ndary substantially altered, except in
governmental functions and can be e accordance with the criteria established in the
answerable only if it can be shown that they local government code and subject to
were acting in a proprietary capacity. (Ibid.) approval by a majority of the votes cast in a
plebiscite in the political units directly
affected. (Sec. 10, Art. X, 1987 Constitution)

The plebiscite for the creation of new

province, which will be carved out of an
existing province should include all the voters
of the mother province, because the mother
province will be affected by the reduction of

41
the territory. (Tan v. Commission on Elections, De facto municipal corporation
142 SCRA 727 [1986])
The color of authority requisite to the
The plebiscite for the conversion of a organization of a de facto municipal
component city of a province to a highly corporation may be:
urbanized city should include the voters of the
province, because it will be affected by the (1)A valid law enacted by the legislature; and
loss of its share in the taxes imposed by the (2) An unconstitutional law, valid on its face,
city. (Umali v. Commission on Elections, 723 which has either (a) been upheld for a time by
SCRA 170 [2014]) the courts or (b) not yet been declared
void; provided that a warrant for its creation
Effect when a municipality is cove can be found in some other valid law or in the
a city

When a municipality is converted

the new city has a new co,. nik stence
I recognition of its potential existence by the
general laws or constitution of the state.
(Balindong v. Lao, G.R No. L-28113, March 28,
1969)
. .•r
separate and aistinct i torn t of the
municipality. This does Hilt mean, however, c by estoppel
that the office of t rnu mayor would
now be constru different locil A municipal ora by estoppel is a
government post a hat of the office of the corporation which is s efectively formed as
city mayor. The to orial isdiction of the not to be a de fact corporation but is
city is the s. at of the considered a n in relation to
municipality. Conse inhabitants of someone who it and acquiesced in
the municipality are s those in the the exercise orate functions or
city. These inhabitant- sa e group of entered in th it. (2010 Bar)
-

voters who elected th ayor for

three consecutive terms, ov whomeier
held power and authon their c.w.
executive for nine years. Thus, nnot e e creation of representative districts out of
allowed to vie for the position of separate points of territory in order to favor a
after having served for three consecutive candidate is found in Section 5(3), Art. VI of
terms as a municipal mayor. To hold the 1987 Constitution. It states that "each
otherwise would defeat the intent of the legislative district shall comprise, as far as
framers in writing Article X, Section 8 of the practicable, contiguous, compact and adjacent
Constitution. (Latasa, v. COMELEC, G.R. No. territory. (Morada v. COMET RC, G.R. No.
154829, December 10, 2003) 188078 January 25, 2010)

42
Bar Question 2015 I units (Bagabuyo v. Commission on Elections, 573
SERA 290 I20081).
XII
Bar Question 2015
On August 15, 2015, Congresswoman Dina
Tatalo filed and sponsored House Bill No. X I II
5432, entitled "An Act Providing for the
Apportionment of the Lone District of the Congress enacted R.A. No. 14344 creating the
City of Pangarap." The bill eventually became City of Masuwerte which took effect on
a law, R.A. No. 1234. It mandated that the September 25, 2014. Section 23 of the law
lone legislative district of the City of Pangarap specifically exempts the City of Masuwerte
would now consist of two (2) districts. For the from the payment of legal fees in the cases
2016 elections, the voters of the City of
Pangarap would be classified as belonging to
either the first or second district, depending
on their place of residence. The constituents
Ithat it would file and/or prosecute in the
:courts of law. In two (2) cases that it filed, the
City of Masuwerte was assessed legal fees by
the clerk of court pursuant to Rule 141 (Legal
of each district would elect their own Fees) of the Rules of Court. The City of
representative to Congress as well as eight (8) Masuwerte questions the assessment claiming
members of the Sangguniang Panglungsod. that it is exempt from paying legal fees under
RA. No. 1234 apportioned the City's Section 23 of its charter. Is the claim of
barangays. The COMELEC thereafter exemption tenable? l ■Aplain. (4%)
promulgated Resolution No. 2170
implementing R.A. No. 1234. Piolo Cruz Answer:
assails the COMELEC Resolution as
unconstitutional. According to him, R.A. Na The exemption thereof is not valid. The
1234 cannot be implemented without Supreme Court is given exclusive rule making
conducting a plebiscite because the powers by the Constitution. The payment of
apportionment under the law falls within the legal fees being in the exercise of these
meaning of creation, division, merger,'' powers the same cannot be modified by a law
abolition or substantial alteration of granting an exemption from payment. (In Re
boundaries of cities under Section 10, Art. X Exemption from Payment of Court and Sheriff Fees
of the 1987 Constitution. Is the claim correct? of Duly Registered Cooperatives, 668 SGRA 1
Explain. (4%) [2012j)

Answer:

Piolo Cruz claim is incorrect. The creation of

a new legislative district (reapportionment)
does not require a plebiscite under the
Constitution. The same being required only
for the creation of new local government

43
 PRINCIPLES OF LOCAL reenacted. (Sec. 25(7), Art VI, 1987
AUTONOMY Constitution)
(2 Questions)
Upon approval of the General Appropriation
Internal revenue allotment of local
Act, the legislative role of Congress comes to
government units
an end. Pursuant to the separation of powers,
members of Congress cannot be given
authority to identify projects to be funded, the
The Constitution provides that the internal
release of funds, and realignment of funds.
revenue allotment of the local government
(Belgica Ochoa, Jr., 710 SCRA 1 [2013])
units must be automatically released to them.
(Art. X, Sec. 6, Constitution)
r of the President to augment an
eneral Appropriation Act from
PUBLIC CORPORATIONS 111 0 • items is limited to offices
(1 Question), c. e Department and cannot
be 4u a r funds outside the
Public corporations are those formed or 1 7.xecutiv or to a Constitutional
organized for the government of a portion of ( ;01 nrnission o quino III, 728 SCRA
the state. (Act No. 1459) I 2014])

N o n-legislative powe
V. LEGISLATIVE I)( ,wer to canva s the esidential elections;
DEPARTMENT dcdare the exi ar; give concurrence
to treaties esties; propose
(57 QUESTIONS) constitution ts; impeachment.

Doc ece implication

POWERS OF CONGRESS ;j6,,s
.= is erstood by implication to
(17 Questions) provisions as may be
;Mr" fectuate its object and purpose,
Legislative power e effective rights, powers, privileges
The power to propose, enact, amend, an • r jurisdiction which it grants, including such
repeal laws, except to the extent reserved to collateral and subsidiary consequences as may
the people by the provisions in the initiative be fairly and logically inferred from its terms.
and referendum. (Sec. 1, Art VI, 1987 (POsi-Cola Products Philippines, Inc. v. Secretag of
Constitution) Labor, 312 SCRA 104 [1999])

If by the end of any fiscal year, the Congress Valid delegation of authority by the
shall have failed to pass the general congress to an administrative agency
appropriations bill for the ensuing fiscal year,
the general appropriations law for the Two tests determine the validity of delegation
preceding fiscal year shall be deemed of legislative power: (1) the completeness test

44
and (2) the sufficient standard test. A law is municipality; and the Sangguniang
complete when it sets forth therein the policy Barangay for the barangay. (Sec. 48, LGC)
to be executed, carried out or implemented by (3) People's initiative on statutes
the delegate. It lays down a sufficient standard Legislative power is reserved to the people
when it provides adequate guidelines or by the provision on initiative and
limitations in the law to map out the referendum. (Sec. 1, Art. VI, 1987
boundaries of the delegate's authority and Constitution)
prevent the delegation from running riot. To (4) Emergency legislative power of the
be sufficient, the standard must specify the President (Sec. 23, Art. VI, 1987
limits of the delegate's authority, announce Constitution)
the legislative policy and identify the
conditions under which it is to be wet
implemented. (Sandoval v. Lina G.R. No. f people power is recognized in
166715, August 14, 2008)

(1) An administrative up th referendum, the people

details" of a state ec d enact laws, approve
(2) The legislature ject any • r part thereof passed
the ascertainm by the Congr legislative body after
bring the law in f:1-ie registration f a p on therefor signed
(3) Contingent legi by at least ten per cen (10%) of the total
number of registered ers, of which every
An administrative I ' has no equal legislative dis e represented by at
expertise with the in crafting and least three per cen the registered voters
implementing laws. Homeowner's thereof. (Sec. 1987 Constitution)
Association v. BF Ho 10 SCR 4 304
[1999]) The pe tly propose amendments
t through initiative upon a
WHO MAY EXERCISE Ipe'C of st twelve per centum of the
of registered voters, of which
LEGISLATIVE POWER
slative district must be represented
(13 Questions) y at least three per centum of the registered
voters therein. (Sec. 16, Art. XIII, 1987
(1) Congress Constitution)
Legislative power is vested in the
Congress, which consist of a Senate and a
Initiative v. Referendum
House of Representatives. (Sec. 1, Art. VI, Referendum
Initiative
1987 Constitution) Power of the people Power of the
(2) Local legislative to propose electorate to approve
Local legislative power is vested in the
amendments to the or reject a legislation
Sangguniang Panlalawigan for the
Constitution or to through an election
province; the Sangguniang Panlungsod for
propose and enact called for the
the city; the Sangguniang Bayan for the

45
legislation through an purpose. (Sec. 3(c), Law. According to the prosecution, the
election called for the RA. 6735) uspension should last until the termination of
purpose. (Sec. 3(a), e case. Senator Lis vigorously opposes the
RA. 6735) otion contending that only the Senate can
scipline its members; and that to allow his
Elements of a valid petition for a people's uspension by the Court would violate the
initiative: rinciple of separation of powers. is Senator
Lis's contention tenable? Explain. (4N
(1) At least twelve percent (12%) of the
registered voters, of which every Answer:
legislative district must be represente
at least three percent (3°/ enator Fleur de Lis' contention is nOt
registered voters in it, nable. Suspension as contemplated i4;
sign the entire propos ubsection 3, Section 16, Art. VI of thOi
(2) The draft of the p t constitution against an erring member of thOi,
must be embo etition. legiSlative branch is punitive. On the other
(Lambino v. Co ections, 505 hand the suspension imposed under Section 5;
SCRA 160 [200 of the Plunder Law is not a penalty but al
preventive measure. The doctrine
The provision on ative and referendum- i,s ' separation of powers does not exclud
not self-executory ecause it requires an Members of Congress from the application of
implementing legi
1987 Constitution)
l
on. ic. 3Z A rt. VI, the Plunder Law, given that the law itself doeSi
not exclude Members of Congress from its
coverage. Thus the preventive suspensior(
The "initiative" pha the people order was validly issued. (Santiago 1.4
propose the amend is a valid Sandiga 756 SCRA 636 [20011)
proposal when a propo ived the
approval of at least 3 regist D a ative power
voters of each district and of the t
number of registered voters n de. ( in owing cases:
2, Art. XVII, 1987 Constitution)
It is authorized by the Constitution, like
Bar Question 2015 the grant of emergency powers to the
President and the delegation to the
VI President of the power to fix tariff rates.
(Sec. 23, Sec. 28 (c), Art. VI, 1987
Senator Fleur De Lis is charged with plunder Constitution)
before the Sandiganbayan. After finding the (2) Delegation to the people of the power of
existence of probable cause, the court issues a initiative and referendum. (Sec. 32, Art.
warrant for the Senator's arrest. The VI, 1987 Constitution)
prosecution files a motion to suspend the
Senator relying on Section 5 of the Plunder

46
(3) Delegation to local government units of Additional seats to which a qualified party is
the power to legislate on local matters. entitled are determined by the proportion of
(Rubi v. Provincial Board, 39 Phil. 660) the total number of votes it obtained in
(4) Delegation to administrative agencies of relation to the total number of votes obtained
the power to promulgate implementing by the party with the highest number of votes,
rules and regulations. (Gerochi v. Department to maintain proportional representation. This
of Energy, 527 SCRA 696 [2007]) is because while representation in the party-
list system is proportional, a party is entitled
HOUSES OF CONGRESS to a maximum of three seats regardless of the
. (11 Questions) number of votes it actually obtained. (Veterans
deration Party v. COMET EC, supra)
HOUSE OF REPRESENT which is supported by any
nt cannot be registered with
Formula for allocating f°110A
itit,& Elections. (Sec. 2(5) Art.
representatives
The party-list co sentatives has the
tiate all cases of
Not more than 20° membership
of the House of R esentatives because the
is the maximu number of party-list
initiated in the
congressmen. (Se rt. 4'1, 1987
Constitution; Veter ation Party 7..
COMET .F.C, 342 S [2000])
ed by a member of
sentatives;
Under Section 11(b) t of citizen supported by
7941, only the parties
dorsement of a member
2% of the total votes cast
of Representatives;
entitled to have a seat omplaint filed by at least one-
Representatives. To have
of the members of the House of
representation, the elected
Representatives. (Gutierrez v. House of
representatives must have the mandate
Representatives Committee on Justice, 643
sufficient number of people. (Veterans
SCRA 198 [2011])
Federation Party v. COMELEC, supra)

Section 11(b) of Republic Act No. 7941

SENATE
allows qualified parties to have a maximum of
Composition
three seats in the House of Representatives so
that no single group will dominate the party-
Twenty-four (24) Senators elected at large by
list seats. the qualified voters of the Philippines, as may

47
be provided by law. (Sec. 2, Art. VI, 1987 Neither shall he, directly or indirectly, be
Constitution) interested financially in any contract with or in
any franchise or special privilege granted by
Qualifications of Senator the Government or any subdivision, agency,
or instrumentality thereof, including any
(1) Natural-born citizen of the Philippines, government-owned or controlled corporation,
and, on the day of the election; or its subsidiary, during his term of office.
(2) at least 35 years of age; (Sec. 14, Art. VI, 1987 Constitution)
(3) able to read and write;
(4) a registered voter; and An incumbent Senator may be elected
(5) a resident of the Philippines for not airman of the Philippine National Red
than two (2) years immediatel - 4 out forfeiting his seat in the Senate,
the day of the election. of a private corporation within
1987 Constitution) of Section 16, Article XII
n. It is a sui generis
Term of office on is to assist the State
rap' obligations under the
Six (6) years, co c noon on , neva Con ban v. Gordon, 639
.

30th day of June ne fo their elec RA 709 prohibition against

(Sec. 4, Art. VI, 198 onstitutzon) ersonal appe nce b re a court includes
signing of pleadings. legas v. Legaspi, 113
Limitation SCRA 39 [19824

No Senator shall se e03 1

r more than two
consecutive terms. V )1unwyFnunciation of
He shall not in e
any office
any matter before
overnment for his
office for any lengt 1 tic s t all not be pecuniary ere he may be called
considered as an inter upon t nt of his office. (Sec. 14,
of his service for the ution)
elected.
ton of office, members of the
LEGISLATIVE PRIVILEGES, department must make a full
a sclosure of financial and business interests.
INHIBITIONS '

They shall notify the House concerned of a

AND DISQUALIFICATIONS potential conflict of interests that may arise
(7 Questions) from the filing of a proposed legislation of
which they are authors. (Sec. 12, Art. VI, 1987
No Senator or Member of the House of Constitution; 2004, 2010 and 2012 Bar)
Representatives may personally appear as
counsel before any court of justice or before Freedom from arrest
the Electoral Tribunals, or quasi-judicial or
other administrative bodies. A Senator or Member of the House of
Representatives shall, in all offenses

48
punishable by not more than six years power of the Congress to conduct inquiries in
imprisonment, be privileged from arrest while of legislation under Section 21, Art. VI of
the Congress is in session. (Sec. 11, Art. VI, 1987 Constitution. Decide the case. (5%)
1987 Constitution)
Answer:
Congress shall have the sole power to declare
the existence of a state of war by a vote of Pursuant to the authority given to the
two-thirds of both Houses in joint session, President as the commander-in-chief of the
voting separately. (Sec. 23[1], Art. VI, 1987 Armed Forces of the Philippines under
Constitution) Section 5, Art. XVI of the 1987 Constitution,
the President can validly prevent Brigadier
Bar Question 2015 . General Matapang and Lieutenant Colonel

IX

Several senior officers of the Armed Forces of

I Makatuwiran from appearing before the
Senate to testify before a legislative
investigation. (Cuidani v. Senga, 498 SC 1. 671
120067)
the Philippines received invitations from the
Chairperson of the Senate Committees on However the Executive Order provision
National Defense and Security for them to authorizing Department Secretaries to invoke
appear as resource persons in scheduled executive privilege in case senior officials in
public hearings regarding a wide range of their departments are invited to appear in a
subjects. The invitations state that these legislative investigation is invalid. It is only
public hearings were triggered by the privilege upon the President that executive power is
speeches of the Senators that there was vested. Thus only the President can claim
massive electoral fraud during the last national Executive Privilege. (Senate v. .Ermita, 488
elections. The invitees Brigadier General SCRA 1 1 20061)
Matapang and Lieutenant Coronel
Makatuwiran, who were among those tasked ELECTORAL TRIBUNALS AND
to maintain peace and order during the las t THE
election, refused to attend because of an COMMISSION ON
Executive Order banning all public officia
enumerated in paragraph 3 thereof froM
APPOINTMENTS
(6 Questions)
appearing before either house of Congress
without prior approval of the President to
ELECTORAL TRIBUNALS
ensure adherence to the rule of executive
privilege. Among those included in dial
The Senate and the House of Representatives
enumeration are "senior officials of executive
shall each have an Electoral Tribunal which
departments who, in the judgment of they
department heads, are covered by executive shall be the sole judge of all contests relating
privilege." Several individuals and groups to the election, returns, and qualifications of
challenge the constitutionality of the subject their respective Members. Each Electoral
executive order because it frustrates the Tribunal shall be composed of nine Members,
three of whom shall be Justices of the

49
Supreme Court to be designated by the Chief COMMISSION ON APPOINTMENTS
Justice, and the remaining .six shall be
Members of the Senate or the House of Composition:
Representatives, as the case may be, who shall
be chosen on the basis of proportional (1) Senate President, as ex-officio Chairman;
representation from the political parties and and
the parties or organizations registered under (2) Twelve (12) Senators and twelve (12)
the party-list system represented therein. The Members of the House of
senior Justice in the Electoral Tribunal shall Representatives.
be its Chairman. (Sec. 17, An VI, 1987
Constitution) OTES:
n of members of each House is
Types: e proportional representation
(1) Senate Electoral Tribun cal parties registered under
(2) House Electoral Trib tem represented therein.
87 Constitution)
Composition: The Sian s not vote, except in
(1) Three (3) Supre tices; and case of a Singzon, 180 SCRA
(2) Six (6) me the chamber 496 [198 Mitra, 187 SCRA
concerned. ate or Hog re 377 [1990])
Representatives; 2 Bar)
Powers
Powers and jurisdiction,
To be the sole judg of all ontests relating to The Commissi on all appointments
the election, return an •fications of submitted t (30) session days
Senators and Congre en, spe tively. (Sec. of Con eir submission. The
17, Art. VI, 1987 Consti Co by a majority vote of
ommission shall meet only
The members of t s in session, at the call of its
Representatives Electoral Tribu a majority of all its members.
to security of tenure like memb o v. Mison, 156 SCRA 549 [1987];
judiciary. Membership may not be terminate Deles v. Committee on Constitutional Commissions,
except for just cause. Disloyalty to party is not Commission on Appointments, 177 SCRA 259
a valid ground for expulsion of a member of [1989])
the House of Representatives Electoral
Tribunal. Its members must discharge their The Commission on Appointments is
functions with impartiality and independence independent of the two Houses of Congress;
from the political party to which they belong. its employees are not, technically, employees
(Bondoc v. Pineda, 201 SCRA 792 [1991]) of Congress. It has the power to promulgate
its own rules of proceedings. (Pacete v. Secretary,
Commission on Appointments, 40 SCRA 58
[1971])

50
 Requisites:
QUORUM AND VOTING
MAJORITIES (1) Actual case or controversy;
(2) Question must be raised by the proper
(2 Questions)
partY;
(3) Raised at the earliest possible opportunity; ,„
The majority of each House shall constitute a and
quorum. In computing a quorum, members (4) Decision on the question must be
who are outside the country, are not included. determinative of the case itself. (Dumlao v.
COMET ,EC, G.R. No. L-52245, January
"Majority" refers to the number of members 22, 1980)
within the "jurisdiction" of the Congr
There is a difference between versy
"all members of the House"
"the House", the latter r actual conflict of legal
than the former. Th lute be resolved through
majority of all membe less one (Hay v. Um, G.R No.
constitutes constitu of the 3)
Senate for the p o iti oll thee ;quorum.
(Avelino v. Cuenco, -2821, March 1, 1 -,4i„he Supreme "'Court nnot be asked to
1949) declare a pending b: unconstitutional if
enacted into law. Un ti becomes a law, it
, :cat cs no righ tions. To declare it
VI. JUDICIAL unconstitution volve exercise of
DEPARTMENT advisory p h is not judicial.
(Montescla# sion on Elections, 384
(41 QUESTIONS) .SCRA 02])

is peculiar to constitutional law.

en a case involves an issue of
Judicial Review transcendental importance, a private citizen is
11 Questions allowed to sue. (Francisco, Jr. v. House of
Representatives, 415 SCRA 44 [2003])
The power of the courts to test the validity of
executive and legislative acts in light of their Taxpayers, voters, citizens, and legislators may
conformity with the Constitution. (Angara v. be accorded standing to sue if the following
Electoral Commission, G.R. No. L-45081, July 15, requirements are met:
1936)
(1) The case involves a constitutional issue;

51
(2) For taxpayers, there is a claim of illegal Since administrative agencies have no
disbursement of public funds or the tax authority to decide questions of
measure is unconstitutional; constitutionality of a law, the earliest
(3) For voters, there is a showing of obvious opportunity that the issue can be raised is an
interest in the validity of the election law appeal to the judiciary. (Estarija v. Ranada, 492
in question; SCRA 652 [2006])
(4) For concerned citizens, there is a
showing that the issues are of Lis mota
transcendental importance, which must
be settled early; A case should still be decided even if it has
(5) For legislators, there must be a claim come moot in the following cases:
the official action corn
infringes upon their grave violation of the
legislators. (David v.
160 [2006]) al character of the
ount public interest
A case is of transcen
basis of the followin issue raised requires
oiling principles to
(1) The characte f the funds or other guide the nch, b and the public; and
assets involve the case; (4) the case is capable f repetition and yet
(2) The presence a cle ase of disregard evades review. (D v. Macapagal-A rroyo,
of a cons or statutory 489 S .1)
prohibition b lic respondent
agency or 1 py of the view:
government; an
(3) Lack of any othe
direct and specific • d
questions being raise longa v. Pano, 134 SCRA 438
House of Representative Co
415 SCRA 44 [2003])
Bar Question 2015
Earliest opportunity
XI
Earliest opportunity means the filing of the
initial pleading and not the effectivity of the What is the concept of expanded judicial
action being questioned. (Mailbag v. Benimo, review under the 1987 Constitution? (3%)
380 SCRA 49 [2002]; La Bugal-Bl_aan Tribal
Association, Inc. v. Ramos, 421 SCRA 148 Answer:
[2004])
The expanded power of judicial review of the
Supreme Court pertains to its ability to

52
entertain facial challenges to the Court, the remedies of certiorari and
constitutionality of laws without being limited prohibition are broader in scope and may be
to laws which violate freedom of speech but issued to correct errors of jurisdiction, of
now including all violations of fundamental judicial, quasi-judicial and ministerial
rights under the Bill of Rights. (Imbong v. functions and to set right, undo and restrain
Ochoa, Jr., 721 SCRA 140 /2014J) any act of grave abuse of discretion of any
branch of the government, even if it does not
Moreover, the remedies of certiorari and exercise judicial, quasi-judicial or ministerial
prohibition in the Supreme Court are now functions. (Araullo v. Aquino III, 728 SCRA 1
made broader in scope and may be issued to, [2014])
correct errors of jurisdiction of judicial, quasi- 7:.
judicalormnste daybs for review of exercise of police
invoked to restrain any act of grave abuse o
discretion of any branch of government, eve
if it does not exercise judicial, quasi-judicial or ling with freedom of the mind
ministerial functions. (Araullo v. Aquino 111, o res rig the political process should
728 SCRA 1 [2014 be subjected to strict scrutiny. The
govern must be compelling,
Doctrine of opera and a le means for achieving
the interes s lac
The doctrine of -rative fact means that (2)
The standard for view of economic
before a law was d ed onstitutional, its legislation is ratio basis; and
actual existence in n into accuunt \ ecordin e heightened or
and whatever was the law was in immediate y, governmental
operation should be s valid. (Rid,' interest ly examined and the
a People, 436 SCRA 2 avail restrictive means is
to Light Corporation v. City
Judicial Power CRA 416 [2009])
(2 Questions)

Definition
The duty of the courts of justice to se
actual controversies involving rights which are Procedural Rule-Making
legally demandable and enforceable and to (5 Questions)
determine whether or not there has been a
grave abuse of discretion amounting to a lack Limitations on rule-making power:
or excess of jurisdiction on the part of any
branch or instrumentality of the Government. (1) They shall provide for a simplified and
(Sec. 1(2), Art. VIII, Constitution) inexpensive procedure for the speedy
disposition of cases;
Since the Constitution has expanded the (2) They shall be uniform in all courts of the
concept of judicial power, in the Supreme same grade; and

53
(3) They shall not diminish, increase or of the Constitution of administrative
modify substantive rights. (Sec. 5(5), Art. supervision over all courts. (Petition for Judicial
VIII, 1987 Constitution) Clemency of Romillo, G.R. No. 97091, December 9,
1997)
Exercise of rule-making review
Law providing for trial by jury is
(1) Children of a deceased whose estate is unconstitutional because of the omission in
being settled are entitled to an allowance Article VIII, Section 5(5) of the 1987
during the pendency of the proceedings Constitution of the provisions in Article VIII,
even if they are of majority age, because Section 13 of the 1935 Constitution and
the Civil Code grants it and the I; le X, Section 5(5) 1973 Constitution,

Code is substantive law. (San orized the Legislature to repeal,

of First Instance of Cavite, alter ement the rules of procedure
[1987]) e Supreme Court. Congress
(2) An accused who di t any law governing rules
quash on the e courts. (Echegarey v.
should be a 96 [1999])
extinction of t
substantive rig Original and Appellate Jurisdiction
SCRA 214 [19 )
(3 Questions
(3) Since the pa t of legal fees is pan of
the rules of p edur ong-res s cannot The Supreme s jurisdiction over
by law exemp nt corporations issues on ch . gs of the Senate
from paymen c et fees. (In re ElectOral Tribun Supreme Court can
Petition for Reco • on emption of the review its de ted with grave abuse
Government Serm ns ce stem from of discreti n. House of Representatives
Payment of Legal 61 193 Electora al, 2 CRA 808 [1991])
[2011])
(4) The Supreme Court rovide En Banc and Division Cases
criminal cases where the p impo 2 Questions
is death, reclusion popetua,
imprisonment shall be appealable to t en the Supreme Court sits en bane, cases
Court of Appeals by way of intermediate are decided by the concurrence of a majority
review provided further appeal to the of the members who actually took part in the
Supreme Court is allowed. (People v. deliberations on the issues in the case and
Mateo, 433 SCRA 640 [2004]) voted thereon. (Sec. 4(2), Art. VII, 1987
Constitution)
The power of executive clemency cannot
extend to administrative cases in the Judiciary, When the Supreme Court sits in division,
because it will violate the principle of cases can be decided by as few as a minimum
separation of powers and impair the power of of three votes. (Sec. 4(3), Art. VII, 1987
the Supreme Court under Section 6, Art. VIII Constitution)

54
 Administrative Supervision their personnel. (Sec. 6, Art. VIII, 1987
over Lower Courts Constitution)
(1 Question) (7)
The Supreme Court has exclusive power
to discipline judges of lower courts. (Sec.
The Supreme Court has exclusive power of 11, Art. VIII, 1987 Constitution)
administrative supervision over all courts (8) The Members of the Judiciary have
including complaints referring to the per- security of tenure, which cannot be
formance of the duties of Judges. (Maceda v. undermined by a law reorganizing the
Vasquez, 221 SCRA 464 [2000]) Judiciary. (Sec. 11, An VIII, 1987
Constitution)
SAFEGUARDS OF JUDICIAL Members of the Judiciary cannot be
ated to any agency performing
INDEPENDENCE
a cial or administrative functions.
6 Questions Vic. 12, VIII, 1987 Constitution)
es Members of the Judiciary
Constitutional safe creased during their
judicial independen e. (Sec. 10, Art. VIII,
1987 Co
(1) The Supreme is constt
The Ju a scal autonomy. (Sec.
body and can b shed b
, Art. , 1987 nstitution)
legislation. 4, Art. VIII, The Supreme Co has exclusive power
Constitution) to romul ate rul f pleading, practice
(2) The member Supr
d proce (S 5[5J, Art. VIII, 1987
cannot be ex
onstitution
impeachment. c. rt. Only tyre ourt can temporarily
Constitution) er stations. (Sec. 5 [3],
(3) The Supreme Co dep
onstitution)
of its minimum ju ribe
e Court who appoints all
Section 5, Article X, • nstitu t employees of the Judiciary,
(Sec. 2, Art. VIII, 1987 Lion)
dical judges. (Sec. 5[6], Art.
(4) The appellate jurisdictio 1987 Constitution)
Supreme Court cannot be increa
law without its advice and concurrence.
JUDICIAL RESTRAINT
(Sec. 30, Ad. VI, 1987 Constitution)
(4 Questions)
(5) Appointees to the Judiciary are
nominated by the Judicial and Bar
Council and are not subject to A theory of judicial interpretation that
confirmation by the Commission on encourages judges to limit the exercise of their
Appointments. (Sec. 5[6], Art. VIII, 1987 own power in certain cases. (Francisco A House
Constitution) of Representatives, G.R. No. 160261, November 10,
(6) The Supreme Court has administrative 2003, Puna J., Concurring and Dissenting Opinion)
supervision over all lower courts and

55
It is anchored on a heightened regard for
democracy. Deference to the majority rule VII. GENERAL
constitutes the flagship argument of judicial CONSIDERATIONS
restraint which emphasizes that in democratic
governance, majority rule is a necessary (32 QUESTIONS)
principle. (Ibid.)

APPOINTMENTS TO THE GENERAL PRINCIPLES AND

JUDICIARY STATE POLICIES
(2 Questions) (10 Questions)
co..a110111111111110
rt andk
The Members of the Supreme to sn nal provisions on transparency
judges of lower courts shall be appointed by in matters ,public interest
the President from a list of at least three
nominees preferred by the Judicial and Bar e conditions prescribed
Council for every vacancy. Such appointments.; w, is and implements a
need no confirmation. (Sec. 9[1], Art. VIII, y of disclosure of all its
1987 Constitution) ctions blic interest. (Sec. 28,
, 1987
For the lower courts, the President shall issu
the appointment within ninety days from the 'light of the peo to information on
submission of the list. Sec. 9[2], Art. VIII,
(
matterrof pub • shall be recognized.
1987 Constitution) Access to offi , to documents and
paps pe rta4 . . to ial acts, transactions,
Vacancies in the Su rt should be or decisio as to government
filled within 90 days ce of the research data s as basis for policy
vacancy. (Sec. 4 (1), Art. Lion) deve e afforded to citizens,
tations as may be provided
rt. III, 1987 Constitution)

ecords and books of accounts of

Congress shall be preserved and be open to
Records of cases that are pending for decision
the public in accordance with law, and such
are privileged except only for pleadings,
books shall be audited by the Commission on
orders and resolutions that are available to the
Audit which shall publish annually an itemized
public. (In re Letters of Atty. Estelito P. Mendoza, list of amounts paid to and expenses incurred
668 SCRA 11)
for each Member. (Sec. 20, Art. VI, 1987
Constitution)

56
Constitutional provisions on women ownership or possession (Republic v.
Feliciano, 148 SCRA 424 [1987]);
lie State] shall equally protect the life of the (3) The decision will interfere with public
n. ,rher and the life of the unborn from administration or compel or prohibit
nception. (Sec. 12, Art. II, 1987 Constitution) performance of a political act (United
States of America v. Guinto, 182 SOU 644
The State recognizes the role of women in [1990]);
nation - building, and shall ensure the (4) A suit against a public officer who acted
fundamental equality before the law of in behalf of the government and within
women and men. (Sec. 14, Art. II, Constitution) the scope of his authority. (Republic v.
Court of Appeals, 182 SCRA 721 [1990])
The State shall protect working
providing safe and heal an action is not against the
conditions, taking into acc
functions, and suc
opportunities that will welfare (1) t a public officer who
and enable them to r r tential acte•y o yond the scope of his
in the service of the 1 I 14, A rt. XIII, authoritydMinisterio, et al. v. Court of First
Constitution) Instance o.(4ebu, et al., 40 SCRA 464
(1971]);
Constitutional provisions which (2) A suit against a p lic officer to enjoin
institutionalize t pri le of civilian him from enforc an unconstitutional
supremacy la \ ■ (Sand ano, 162 SCRA 88
988]);
Civilian authority is re times over peti damus to compel a
the military. (Sec. 3, I, slit non) publi er o comply with a
(Sanders v. Veridiano, 162
l'he President is the Co -Chic -
the Armed Forces of the P es. (Sec.
Ad VII, 1987 Constitution) NATIONAL TERRITORY
(4 Questions)
STATE IMMUNITY
(9 Questions) Internal waters v. Archipelagic waters

A suit is an action against the state in the The waters around, between and connecting
following cases: the islands of the Philippines forms part of its
internal waters. (Art. 1, 1987 Constitution)
(1) The judgment will result in financial These waters do not form part of the
liability upon the State. (Sanders v. territorial sea but are described as archipelagic
Veridiano, 162 SCRA 88 [1988]); waters. (Art. 49 (1), UN Convention on the Law
(2) The action involves property in which of the Sea; 2009 Bar)
the State claims interest, such as

57
 Principle of auto-limitation jurisdiction of Philippine courts. (Reagan v.
Commissioner of Internal Revenue) (2009 Bar)
A State may, by its express or implied
consent, submit to a restriction of its SEPARATION OF POWERS
sovereign rights. There may thus be a (4 Questions)
curtailment of what otherwise is a power
plenary in character. (Reagan v. Commissioner of
Purpose
Internal Revenue, 30 SCRA 968 [19691; Tailada
v. Angara, 272 SCRA 18 [1997])
The theory of the separation of powers is
designed by its originators to secure action
Relationship between reciprocity
t the same time to forestall overaction
principle of auto-limitation
essarily results from undue
f powers, and thereby obtain
By reciprocity, States gra
prevent despoticism.
rights or concessions
ation Co., Inc. v. Public
identical or comparabl
No. 47065, June 26,
a right as an extensio
at the same time ac
limitation to its henc
complementation reciprocity and au
limitation. (See Tali' v. Angara, 272 SCRA 18
[1997])
De jure De facto
Jurisdiction: Crimes Vitmitted in a governmellre government
foreign embassy in the Philippines ent de facto government
exercises power or
While the premises o mission control, though it is
shall be inviolable and in entere exercised without
the police or by any o • ent of legal title.
receiving State, except with the t of
Ambassador or the head of the nu
22, Vienna Convention on Diplomatic Relations idential form of government
does not alter the fact that such premises are
still part of Philippine territory. The concept The principal identifying feature of a
of "exterritoriality," under which diplomatic presidential form of government is the
premises are deemed to be part of the principle of separation of powers. Legislative
sovereign territory of the sending State, has power is given to the legislature, whose
not been adopted in the Vienna Convention. members hold office for a fixed term .

Hence, a crime committed on or within such Executive power is given to a separate

premises by a private person who enjoys no executive, who holds office for a fixed term.
diplomatic immunity falls within the Judicial power is given to an independent
a

58
IL ci ci ary. The President enjoys a prominent (3) Tariff powers of the President (Sec. 28 (2),
po Trion as chief executive. (2006 Bar) Art. VI, 1987 Constitution);
(4) Delegation to administrative bodies
CHECKS AND BALANCES (power of subordinate legislation); and
(1 Question) (5) Delegation to Local Government Units
(RA. No. 7160).
This principle allows one department to resist
Tests to determine valid delegation:
encroachments upon its prerogatives or to
rectify mistakes or excesses committed by the
(1) The Completeness Test means that the
other departments.
law must set forth the policy to be carried
the delegate.
The system of checks and bal
ent Standard Test means that
when the President nullifies
which the delegate must
criminal case by pardonin
e performance of his
19, Art. VII, 1987 Consti
fu ate or determinable.
Congressional over
(Rodri cyan, 309 SCRA 661
Congressional overs us e confined to 1999])
the following:
OS*

(1) Scrutiny bas on the power of

appropriation uelget hearings in
connection wi
(2) Investigation oT legislation.

Congress cannot revs

and regulations of a la POWERS
are in conformity with the (47 Questions)
Party List v. Purisima, 562 S
Military Power
DELEGATION OF POWERS (8 Questions)
(1 Question)
Calling - out power of the President
GENERAL RULE: The power delegated
The power of the President to order the
cannot further be delegated.
armed forces, whenever it becomes necessary,
to suppress lawless violence, invasion or
EXCEPTIONS:
rebellion. (David v. Macapagal Arroyo, C.R. No.
(1) Delegation to the people at large (Sec. 10,
171396, May 3, 2006)
Art. X, R.A. No. 6753);
(2) Emergency powers of the President (Sec.
23 (2), Art. VI, 1987 Constitution);

59
Bar Question 2015 (c) In case of amnesty, the concurrence of
the majority of all the Members of
VI Congress is required. (Sec. 19, An'. VII,
1987 Constitution)
(1) Distinguish the President's authority to (d) Pardon cannot be granted for violation
declare a state of rebellion from the authority of election laws, rules and regulations
to proclaim a state of national emergency. without the favourable recommendation
(2%) of the Commission on Elections. (Sec
5, Art. I X
- -c, 1987 Constitution)
(2) What are the limitations, if any, to the (e) Members and employees of the
pardoning power of the President? (3% Judiciary found guilty by the Supreme
Court in administrative cases cannot be
Answer: pardoned, because it will encroach upon
, the exclusive power of administrative
(1) The power of the President to declare ' supervision of the Supreme Court over
state of rebellion is based on the power them. (In re Petition Jr Judicial clemency of
of the President as chief executive and Manuel V. Romillo, jr., C.R. No. 97091,
commander-in-chief of the Armed December 9, 1997)
Forces of the Philippines. Thus it is not
necessary for the President to declare a Constitutiona afegu ds on the exercise
state of rebellion before calling out the of the President's wer to proclaim
Armed Forces of the Philippines. The martial law:
proclamation only serves to give notice
that such a state exists and that the (1) There mus ctual invasion or
Armed Forces may be called upon to rebellion.
suppress it. (Santakas v. I xecutive Secretary, (2) The d e proclamation shall
421 SCRA 656 120041) no ys;
(3 ight (48) hours, the
In a proclamation of a state of national ° all report his action to
emrgncy,thPsidalrecngout f Congress is not in session, it
the Armed Forces of the Philippines t convene within twenty-four (24)
suppress not only rebellion but also lawles0 ours;
violence. (David v. Arroyo, 489 SCRA 162 (a) Congress may, by majority vote of all
[2006]) its members voting jointly, revoke
the proclamation, and the President
(2) The following are the limitations to the cannot set aside the revocation;
pardoning power of the President: (b) By the same vote and in the same
manner, upon initiative of the
(a) Impeachment cases cannot be President, Congress may extend the
pardoned. proclamation if the invasion or
(b) Pardon can be granted only after rebellion continues and public safety
conviction by final judgment. requires the extension;

60
 The Supreme Court may review the President that he had violated its conditions
factual sufficiency of the would be conclusive upon him. Thus, such
proclamation, and the Supreme determination cannot be reviewed by the
Court must decide the case within courts. (Torres v. Gonzales, 152 SCRA 272
thirty (30) days from the time it was [1987])
filed;
Martial law does not automatically GENERAL RULE: The President cannot
suspend the privilege of the writ of grant pardon in cases of impeachment. (Sec.
habeas corpus or the operation of the 19, Art. VII, 1987 Constitution)
Constitution. It does not supplant the
functioning of the civil courts an XCEPTION: When a person convicted in
Congress. Military court chment proceeding is subject to
jurisdiction over ci trial and punishment in an
courts are able t action. (Sec. 19, Ant 'VII,
Bar) 2 Bar)

Power of Appointment T iiitati esident's pardoning

6 Questions) power:

Ad interim appo rdon Zlnnot be granted in

impeachment cases Sec. 19, Art. T/11,
The assumption o a person on the 1987 Constitution
basis of the ad inte ent issued by (2) Pardon ca n only after final
the President does nt to a temporary judgment. 9, Art. VII, 1987
appointment. An ad ointment is a Constituti
permanent appoin use it takes (3) Amne the concurrence of a
effect immediately an nger be ma mbers of Congress. (Sec.
withdrawn by the once 7 Constitution)
appointee has qualified into esty, parole and suspension
Sec. 16 (2), 1987 Constitute ce involving election offenses
Beniperyo, 380 SCRA 49 [2002]) e the favorable recommendation of
the Commission on Elections. (Sec. 5,
Pardoning Power Art. IX-C, 1987 Constitution)
(5 Questions)
The President cannot pardon employees and
Violation of conditional pardon, effect members of the Judiciary found guilty by the
Supreme Court in administrative cases. (In re
Conviction of a crime is not necessary before Petition for Judicial clemency of Manuel V. Romillo,
the President can determine that a person Jr., G.R. No. 97091, December 9, 1997)
violated the condition of his pardon. By
accepting the terms of the conditional pardon,
a person agreed that the determination of the

61
 Diplomatic Power Alter Ego Principle
5 Questions
Acts of the secretaries of the executive
Power to ban aliens departments performed and promulgated in
the regular course of business are
Since an alien has no right to enter the presumptively the acts of the Chief Executive.
Philippines, preventing an alien professor (Villena v. Secretary of Interior, G..R. No. L-46570,
from entering the Philippines is not a April 21, 1939)
violation of his rights since the President has
the power to ban aliens from entering the Ouestion 2015
Philippines. (United States v. Curtiss-W
Export Corporations, 299 US 304 [19 VIII

Contracting or guarantee law provides that the Secretaries of the

departments of Finance and Trade and
The President may arantee Industry, the Governor of the Central Bank,
foreign loans on beh )lie of the the Director General of the National
Philippines only up ncurren ce of Economic Development Authority, and the
the House of R es. However, Chairperson of the Philippine Overseas
Congress may, by , provi e limitations on • Construction Board shall sit as ex-eicio
the President's po to contract or guarantee members of the Board of Directors (BOD) of
foreign loans on b f of Republic of the a government owned and controlled
Philippines. (Sec. rt. VII, 1987 corporation (GOCC). The other four (4)
Constitution) members shall come from the private sector.
The BOD issues a resolution to implement a
Power of Control and Supervision new organizational structure, staffing pattern,
(3 Questions a position classification system, and a new set
of qualification standards. After the
Scope and extent plementation of the Resolution, Atty.
tpasupil questioned the legality of the
Under Sec. 18, Art. VII of the Co esolution alleging that the BOD has no
the President has control over all executtv uthority to do so. The BOD claims otherwise
departments, bureaus and offices. It extends arguing that the doctrine of qualified political
to agencies with respect to their administrative agency applies to the case. it contends that
functions, even if they are performing quasi- since its agency is attached to the Department
judicial functions (On v. Secretary of of Finance, whose head, the Secretary of
Environment and Natural Resources, 347 SCRA Finance, is an alter ego of the President, the
128 [2000]), as well as to government-owned BOD's acts were also the acts of the
or controlled corporations. (National Marketing President. Is the invocation of the doctrine by
Corporations v. Arca, 29 SCRA 648 [1969]) the BOD proper? Explain. (4%)
(2009 Bar)

62
Answer: bill.(Sec. 27 (1), Art. Art. VI, 1987
VI, 1987 Constitution) Constitution)
This is an incorrect invocation of the qualified
political agency doctrine. While some
members of the Board of Directors were Executive Privilege
indeed cabinet members, they became (2 Questions) •
members of the Board of Directors not
because of their appointment but due to their The power to invoke executive privilege is
designation by law. Thus they implemented limited to the President. (Senate of the Philippines
the new organizational plan, not as alter egos v. Ermita, 498 SCRA 1 [2006]) (2009 Bar)
of the President but as members of the Board „„
of Directors pursuant to law. (Manaking- Executive and Administrative Powers
Demigillo v. Trade and Investment Development in General
Corporation of the Philippines, 692 SCR.4. 359 1 Question
/20127)
pt)\ver o e power to enforce and
Delegated Powers adminisier the 1:i\\
2 Questions
Residual Powers
The statement a proclamation of (1 Question)
emergency is suffi • t to allow the President
to take over any p is false. Since it The powers of e Pr= • ent are more than
is an aspect of powers, in the sum of the d executive powers.
accordance with Se Art. VI of the The duty of ent to serve and
Constitution, there w dele -gating protect the well as to see the
such power to th nt (David v. maintenance ce and order, the
Macapagal-Arroyo, 489 6]) protec erty and property, and
eneral welfare is the basis
Veto Powers ce of "residual unstated
(2 Questions) os v. Manglapus, G.R. No. 88211,
1989)
Pocket veto Item veto
A pocket veto is An item veto, or PRIVILEGES, INHIBITIONS
when the President is partial veto, is the AND DISQUALIFICATIONS
considered to have power of a President
(7 Questions)
rejected a bill to nullify or cancel
submitted to him for specific provisions of
Presidential communications privilege vs.
his approval when a bill, usually a budget
deliberative process privilege
Congress adjourns appropriations bill ,

during the period without vetoing the

"Presidential communications privilege"
given to the President entire legislative
applies to decision-making of the President
to approve or reject a package. (Sec. 27 (2), while "deliberative process privilege" applies

63
to decision-making of executive officials. The citizenship upon reaching the age of
former applies to documents in their entirety majority;
and covers final and post-decisional matters as NOTE: Election must be made three (3)
well as pre-deliberative ones; while the latter years from reaching age of majority; and
includes advisory opinions, recommendations
and deliberations comprising part of a process (4) Those who are naturalized in accordance
by which governmental decisions and policies with law. (Sec. 1, Art. IV, 1987
are formulated. (Neri v. Senate Committee on Constitution)
Accountability of Public Officers and Investigations,
549 SCRA 77 [2008]) Bar Question 2015

XII

D iscuss the evolution of the principle of ju.s-

' guinis as basis of Filipino citizenship under
the 1935, 1973 and 1987 Constitutions. (3%)

Answe

Section 1, Article III of the 1935 Constitution

(1) Those who ar itizens of the Philippines adopted the jus sanguinis principle as the basis
at the time of a on of this 119871 of Filipino citizenship if the father is a
Constitution: Filipino citizen. However, Subsection 4,
(a) Those who ttizens under the Section 1, Article III of the Constitution
Treaty of Pa provided that if the mother was a Filipino
(b) Those declar cit ns judicial Citizen who lost her Philippine citizenship
declaration ap g jus soli because of her marriage to a foreign husband,
principle, (Tio Ta c, G.R. her children could elect Philippine citizenship
L-9602, April25, 19 upon reaching the age of majority.
(c) Those naturalized in ac ce
law (Act 2927); and -,bsection 2, Section 1, Article III of the
(d) Those who are citizens under the 19 73 Constitution provided that a child born
and the 1973 Constitutions. a a father or a mother who is a citizen of the
Philippines is a Filipino citizen.
(2) Those whose fathers or mothers are
citizens of the Philippines; Section 2, Article 111 of the 1973 Constitution
NOTE: Prospective application, provided that a child whose father or mother
consistent with provision of the 1973 is a Filipino citizen is a Filipino citizen.
Constitution; Subsection 3, Section 1, Article IV of the 1987
Constitution provided that a child born before
(3) Those born before January 17, 1973, of January 17, 1973, of Filipino mothers, who
Filipino mothers, who elect Philippine elected Philippine citizenship upon reaching

64
the age of majority under the 1973 petitioner was a natural-born Filipino citizen
Constitution is a natural-born Filipino citizen before he lost his Philippine citizenship, he
(Tecson v. COMELEC, 424 SCRA 277 (2004]). was restored to his former status as a natural-
born Filipino citizen. (BenRon v. House of
NATURAL-BORN CITIZENS Representatives Electoral Tribunal, 357 SCRA 545
AND PUBLIC OFFICE [2001]; RA. 2630)
5 Questions)
NATURALIZATION AND
Who are natural-born citizens? DENATURALIZATION
(4 Questions)
(1) Those who are citizens of the P
from birth without having t on
act to acquire or perfec ally adopting a foreigner into
citizenship; and f a nation by clothing him
(2) Those who elect ship Or eges of a citizen. (Record,
shall be deemed n. ens. (So. , June 2001)
2, Art. IV, 1987

Government offi
natural-born citiz
ed to be
Modes of N
itik
(1) A dministrative na
a

ation pursuant to
R.A. 9139;
(1) President (S tot. 1 1/, i 08 - (2) Judicial naly) pursuant to C.A.
Constitution); 473, as am a
(2) Vice-President ( 3, ibid - (3) Legislativ tur ton in a form of a
(3) Members of Co ss 3 and 6, A rt. law en Congress bestowing
VI, 1987 Constitutt Phil p to an alien. (So v.
(4) Justices of Suprem o o. 170603, January 29,
llegiate courts (Sec.
collegiate VIII, 1r ,

(5) Ombudsman and his depute Art. r denaturalization

XI, 1987 Constitution);
(6) Members of Constitutional Commissions; Naturalization certificate obtained
(7) Members of the Central Monetary fraudulently or illegally;
Authority (Sec. 20, An XIII, 1987 Naturalization obtained through invalid
Constitution); and declaration of intention;
(8) Members of the Commission on Human If within five (5) years, he returns to his
Rights (Sec. 17(2), ibid). native country and establishes residence
therein;
Effect of repatriation to citizenship Allowing himself to be used as a dummy;
and
Repatriation of Filipinos results in the Minor children failed to graduate through
recovery of the original nationality. Since the the fault of parents either by neglecting

65
 support or by transferring them to (2) By express renunciation of citizenship.
another school. (Sec. 13, K.A. 9139) (Board of Immigration Commissioners v. Go
Callano, 25 SCRA 890 [1968]);
DUAL CITIZENSHIP AND
DUAL ALLEGIANCE (3) By subscribing to an oath of allegiance to
3 Questions support the Constitution or laws of a
foreign country;
EXCEPTI ON:
Difference between dual citizenship and
dual allegiance A Filipino may not divest himself of
Philippine citizenship in any manner while
the Republic of the Philippines is at war
Dual citizenshi Dual alle
y country (Sec. 1(4), C.A. 63);
arises when, as a refers
result of the situa
service to or accepting
concurrent
the armed forces of a
application of the
different laws of two
or more states, a
lic of the Philippines
person
d/or offensive pact
simultaneously
the said foreign
considered
national by tho •
country maintains
states; and
n the Philippine
Involunt e consent of the
(Mercado v. Manano, hilippines. (Sec. 1(5),
NOTE: Dual alle
inimical to the national of the certificate of
shall be dealt with by la (Sec. 1(5), ibid.);
1987 Constitution)
ving been declared by competent
LOSS AND RE-ACQUISITION authority a deserter of the Philippine
OF PHILIPPINE CITIZENSHIP armed forces in time of war (Sec. 1(6),
(3 Questions) ibid.); and

Loss of citizenship (7) In case of a woman, upon her marriage, to

a foreigner if, by virtue of the laws in
(1) By naturalization in a foreign country. force in her husband's country she
(Frivaldo v. Comela, 174 SCRA 245 [1989]); acquires his nationality (Sec. 1(7), ibid.)

66
Reacquisition of citizenship
X. ELECTION LAW
I) By taking the oath of allegiance required (23 QUESTIONS)
of former natural-born Philippine citizens,
who may have lost their Philippine
citizenship by reason of their acquisition CANDIDACY
of the citizenship of a foreign country (Sec.
1, B.A. 9225); (12 Questions

(2) By naturalization, provided that the Candidate

applicant possesses none of n person aspiring for or seeking an elective
disqualifications prescrib fice, who has file a Certificate of
naturalization (Sec. 2(1), C Candi OC), by himself or through an
accr al party. (Sec. 79 (a), OEC)
(3) By repatriation of d
Navy or Air Co 41 #1 that a Qua. ribed by law are
woman who lost citize reason continuin uir nts and must be
of her marriag en tnay be possessed o lion of the officer's
repatriated in e with the active tenor y of the required
provisions of this ct after the qualification is t, his e to the office may
termination of marital status (Sec. 2(2); be seasonably ch . ged. (Flivaldo v.
ibid.); and COMET FE, G.R. No. 295, June 28, 1996)

(4) By direct act of Certificate of (COC)

A statement seeking to run for a
MODES OF ACQUIRING public office that he announces his
candidatifo.r the ce mentioned and that
CITIZENSHIP e` e office, the name of the
h
(2 Questions) which he belongs if he
, and his post-office address for
Basic Philippine law, in respect o the t n purposes being as well stated.
of acquiring citizenship, follows the ru inaca v. Mula, C.R. No. 135691)
jus sanguinis and provides for naturalization.
(Sec. 1, Art. IV, 1 987 Constitution) No person shall be eligible for any elective
public office unless he files a sworn COC
within the period fixed by law. (Sec. 68, OEC)

Any vote in favor of a person who has not

filed a COC or in favor of a candidate for any
office for which he did not present himself is
void and is counted as stray vote but it does

67
not invalidate the whole ballot. (Katigbak v. Election Quo
Mendoza, G.R. No. L-24477, February 28, 1967) protest warranto
sought to be
REMEDIES AND disqualified
JURISDICTION ran for office.
IN ELECTION LAW Issues a) Whether one Whether the
4 Questions) received the candidate who
majority of votes was
Election protest which were proclaimed
A petition contesting the elections or return legally cast; and and elected
of an elective regional, provinci • Whether should be

L4
official shall be filed with the . were disqualified
any candidate who was vot . t.
are ! tieses .n
in because of
office and who received ti. t of ineligibility or
highest number of vo disloyalty to
position, was among candidates affe • , the
following the last nee duly the db Philippines.
proclaimed, as refle official result.;
of the election con ed e Statement (Dumegaas v. Co ission Elections, 357 SCRA
Votes. (Sec. 2, Ru Part III, CO [2001])
Resolution 8804)
Appeal on ruli COMELEC
NOTE: Statutes for election
contests are to be nstrued after No pre-pro ntroversies regarding
election and proclam e end that the the appr election returns and
will of the people in f public certific may be entertained in
officers may not be y mere e bers of the House of
technical objections. (Vio The canvassing body may
G.R No. 194143,0ctober 4, 20 est errors in the certificate of
s recourse is to file a regular
Difference between Election protest an
e ection protest before the House of
Quo warranto
Representatives Electoral Tribunal (HRET).
(Pimentel v. Commission on Elections, 548 SCRA
Election Quo 169 [2008]; Sec. 15, RA. 7166, as amended by
•rotest warranto R.A. 9369)
Who A losing candidate Any registered
may for the same voter in the Pre-proclamation controversy
file office for which constituency
the winner filed where the Proceedings of the board of canvassers which
his certificate of winning may be raised by any candidate or by any
candidacy. candidate registered political party or coalition of

68
political parties, or by any accredited and thirty (30) days from submission. (Sec. 269,
participating party list group, or any matter B.P. 881)
raised under Sections 233, 234, 235 and 236 in
relation to the preparation, transmission, Bar Question 2015
receipt, custody and appreciation of the
election returns before the board or directly XVI
with the Commission. (Sec. 241, B.P. 881)
I) Gandang Bai filed her certificate of
Jurisdiction candidacy (COG) for municipal mayor stating
that she is eligible to run for the said position.
Once a candidate for member of the Ho asyo Maagap, who also filed his COC for the
of Representatives has been proc e position, filed a petition to deny due
HRET acquires jurisdiction urse or cancel Bai's COC under Section 78
contests relating to his qu the Omnibus Election Code for material
v. Commission on Electio srepresentation as before Bai filed her
[2000]) C, she had already been convicted of a
crime involving moral turpitude. Hence, she is
Summary dispositi r procl mation disqualified perpetually from holding any
controversies public office or from being elected to any
°
4 public office. Before the election, the
`
All pre-proclam n controversies on COMELEC cancelled Bai's COC but her
election returns or 'flea of canvass shall, motion for reconsideration (MR) remained
on the basis of and evidence pending even after the election. Bai garnered
elevated to it by th, o of canvassers, be the highest number of votes followed by
disposed of summ. Commission Pasyo Maagap, who took his oath as Acting
within seven (7) days ip thereof. Its Mayor. Thereafter, the COMELEC denied
decision shall be execu aft lapse of Bai's MR and declared her disqualified for
seven (7) days from re e lo nning for Mayor. P. Maagap asked the
party. (Sec. 18, RA. 7166) department of Interior and Local
Government Secretary to be allowed to take
Preferential disposition his oath as permanent municipal mayor. This
offenses request was opposed by Vice Mayor Umaasa,
invoking the rule on succession to the
(1) Investigation and prosecution of election permanent vacancy in the Mayor's office.
offenses shall be given priority by the Who between Pasyo Maagap and Vice Mayor
COMELEC. The investigating officer Umaasa has the right to occupy the position
shall resolve the case within five (5) days of Mayor? Explain your answer. (5%)
from submission.
(2) The courts shall likewise give preference (2) How do you differentiate the petition filed
to election offenses over all other cases, under. Section 68 from the petition filed under
except petitions for a writ of habeas Section 78, both of the Omnibus Election
corpus. Cases shall be decided within Code? (3%)

69
Answers: under Section 78 of the Omnibus Election
Code renders the said certificate of candidacy
(1) The disqualification of Gandang Bai on void ab initio (thus precluding the application
the basis of the Petition to deny due course or of the rules on succession in cases of
cancel her certificate of candidacy under the disqualification because, up to the time he was
provisions of Section 78 of the Omnibus disqualified, he was considered merely as a de
Election Code entitles Pasyo Maagap to facto officer). This varies from a situation
occupy the position of Mayor. where a candidate is disqualified under
Section 68 of the Omnibus Election Code,
"(a)n ineligible candidate who receives the which would give rise to the de jure officership
highest number of votes is a wrongful winner. of the disqualified candidate up to his point of
By express legal mandate, he could not even disqualification.
have been a candidate in the first place, but by
virtue of the lack of material time or any other Moreover under Section 68 of the Omnibus
intervening circumstances, his ineligibility Election Code, a candidate may be
might not have been passed upon prior to disqualified if he commits any of the election
election date. Consequently, he may have had offenses or "prohibited acts" specified
the opportunity to hold himself out to the therein, or if he is a petauanent resident of or
electorate as a legitimate and duly qualified an immigrant to a foreign country. On the
candidate. However, notwithstanding the other hand, under Section 78 of the same law,
outcome of the elections, his ineligibility as a a certificate of candidacy may be denied due
candidate remains unchanged. Ineligibility course or cancelled if found to be containing
does not only pertain to his qualifications as a material representations which are false and
candidate but necessarily affects his right to deliberately made. These include
hold public office. The number of ballots cast misrepresentations as to age, residence,
in his favor cannot cure the defect of failure citizenship or non-possession of natural-born
to qualify with the substantive legal status, registration as a voter, and eligibility, as
requirements of eligibility to run for public when one, although precluded from running
for a fourth term because of the three-term
office." (Maquiling v. Commission on Elections,
G.K. No. 195649, April 16, 2013) limit rule, claims to be nonetheless qualified,
or when one claims to be eligible despite his
Gandang Bai as a non-candidate, his votes disqualification on the basis of an accessory
should not have been counted. This means penalty imposed upon him in connection with
that Pasyo Maagap is the qualified candidate his conviction in a criminal case.
who obtained the highest number of votes.
Therefore, the rule on succession under the Furthermore a petition for disqualification
Local Government Code will not apply." under Section 68 may be filed at any time
(Maquiling v. Commission on Elections, C.R. No. after the last day for filing of the certificates
195649, April 16, 2013) of candidacy but not later than the candidate's
proclamation should he win in the elections,
(2) The above cited rule that a certificate of while a petition to deny due course to or
candidacy which has been denied or cancelled cancel a. certificate of candidacy under Section

70
78 must be filed within five (5) days prior to REGISTRATION OF VOTERS
the last day for filing of certificates of (1 Question)
candidacy, but not later than twenty-five (25)
days from the time of the filing of the Registration does not confer the right to vote;
certificate of candidacy. it is but a condition precedent to the exercise
of the right. Registration is a regulation, not a
Lastly while a person disqualified under qualification. (Yra v. Abatio, 52 Phil 380)
Section 68 is merely prohibited to continue as
a candidate, the person whose certificate is
cancelled or denied due course under Section
INCLUSION AND EXCLUSION
78 is not treated as a candidate at all. Thus, a PROCEEDINGS
candidate disqualified under Section 68 may (1 Question)
be validly substituted but only by an official
candidate of his registered or accredited party.

XXI The etropolitan Trial Courts

shall hav exclusive jurisdiction
The Partido ng Mapagkakatiwalaang Pilipino over all case usion and exclusion
(PMP) is a major political party which has of voters espective cities or
participated in every election since the Municipalities.
enactment of the 1987 Constitution. It has
fielded candidates mostly for legislative The decision of the R onal Trial Court of
district elections. In fact, a number of its mg.%
appeals pert - •
from the list o
sions or exclusions
rs unappealable. (2012
members were elected, and arc actually
serving, in the House of Representatives. In Bar)
the coming 2016 elections, the PMP
leadership intends to join the party-list system. The Su nnot be deprived of its
Can PMP join the party-list system without e questions of law. (Sec.
violating the Constitution and Republic Act' 987 Constitution)
(R.A.) No. 7941? (4%)

Answer:

Yes, the Partido Ng Mapagkakatiwalaang

Pilipino can join the party-list system,
provided that the party will not fill candidates
for district representatives. (Along Panglaum,
Inc. v. Commission on Elections, 694 SCRA
477120131)

71
 decided by trial courts of limited jurisdiction.
XI. CONSTITUTIONAL (Ibid.)
COMMISSIONS
NOTES:
(18 QUESTIONS) • The COMELEC may issue writs of
certiorari, prohibition, and mandamus in
exercise of its appellate functions.
JURISDICTION • Exclusive jurisdiction over pre-
(10 Questions) proclamation controversies arising from
national, regional or local elections.
Jurisdiction of the Civil Omnibus Election Code, Sec. 242)
Commission e Original Jurisdiction, through
Divisions, over all election
Embraces all branch lying elective regional
instrumentalities, and tie ons), provincial and city
Government, includin• .wned or C Resolution No. 8804,
controlled corporatio o al charters le 6,
(Sec. 2(1), Art. IX B,
- Ton. cation) urisdiction over all questions affecting
elections, including determination of the
NOTE: The GO included in the c number and location of polling places,
service are only th created by special law, appointment of election officials and
or granted legisl e' ers, > and not inspectors, and registration of voters,
organized under th on Code. Their except questions involving the right to
subsidiaries, if or under the general vote. (Sec. 2 (3), Art. IX-C, 1987
corporation law, ar ed. (National Constitution
Service Corporation v. os. 69870 • Ques s 3i6o g the right to vote fall
& 70295, November 29,
ction of ordinary courts,
Jurisdiction of the he COMELEC may sit en banc or in
Elections o divisions, and shall promulgate its
les of procedure in order to expedite
Exclusive original jurisdiction over all contests disposition of election cases, including
relating to the election, returns and pre-proclamation controversies. All such
qualifications of all elective regional, election cases shall be heard and decided
provincial and city officials. (Sec. 2 (2), Art. IX- in division, provided that motions for
C, 1987 Constitution) reconsideration of decisions shall be
decided by the Commission en banc. (Sec.
3, Art. IX C, 1987 Constitution)
Exclusive appellate jurisdiction over all -

contests involving elective municipal officials • The COMELEC can order immediate
decided by trial courts of general jurisdiction execution of its own judgments. (Balajonda
or involving elective barangay officials v. COMET Fr, G.R. No. 166032, February
28, 2005)

72
• Motion for Reconsideration should be (e) salaries are fixed by law and may not
decided by COMELEC en banc. It may be decreased during their continuance
also directly assume jurisdiction over a in office; and
petition to correct manifest errors in the (f) subject to certain disqualifications
tallying of results by Board of Canvassers. calculated to strengthen their integrity
• The COMELEC in the exercise of its (5) Enjoy fiscal autonomy;
quasi-judicial functions may be brought to (6) Each commission may promulgate its own
the SC on certiorari within thirty (30) days procedural rules, provided they do not
from receipt of a copy. diminish, increase or modify substantive
rights (subject to disapproval by the
Jurisdiction of the Commission on A Supreme Court); and
Commission may appoint its own
Examine, audit and settl nd employees in accordance
pertaining to the revenue Service Law.
expenditures or uses of rtY,
owned or held in trust ~ ing to the NO
government or an bdivision s, • The 0ssio Audit can pass upon
agencies or ins including liquidated y, because it has no
GOCCs with origin judicial p me Operators, Inc. v.
Auditor General, 98 868)
CONSTITUTIONAL • A claim is liquidat if it can easily be
SAFEGUARDS TO ENSURE computed hers, invoices and
other doc uro-Med Laboratories
INDEPENDENCE OF Phils., Inc. v Batangas, 495 SCRA
COMMISSIONS 01 [200
(4 Questions) • The n Audit has the power
xcessive expenditures.
(1) Constitutionally creat g Authority v. Commission on
abolished by statute; 55 [1 993])
(2) Each is expressly ent for payment of money against
"independent" (Art. 1X-A, sec. e government or any of its subdivisions,
(3) Conferred certain powers and functions agencies, instrumentalities and
which cannot be withdrawn or reduced by government owned or controlled
statute; corporations cannot be enforced by a writ
(4) The chairmen and members: of execution. A claim should be filed with
(b) cannot be removed except b the Commission on Audit in accordance
impeachment; with its power to settle such claims.
(c) given a long term of seven (7) years; (University of the Philippines v. Dirjon, 679
(d) may not be appointed or reappointed SCRA 54 [2012]; Star Special Watchman and
in an acting capacity; Detective Agency, Inc. v. Puerto Princesa, 722
SCRA 66 [2D14])

73
 POWERS AND FUNCTIONS OF member of the Board of Directors of other
EACH CONSTITUTIONAL governing bodies of government entities
COMMISSION whose functions affect the career
development, employment, status, rights,
(3 Questions) privileges, and welfare of government officials
and employees... "A taxpayer questions the
CIVIL SERVICE COMMISSION designation of Melchor as ex-officio member of
the said corporations before the Supreme
Powers of the Civil Service Commission Court based on two (2) grounds, to wit: (1) it
violates the constitutional prohibition on
(1) Establishes a career service; .members of the Constitutional Commissions
(2) Adopts measures to promote to hold any office or employment during his
efficiency, integrity, r enure; and (2) it impairs the independence of
progressiveness and co the CSC. Will the petition prosper? Explain.
Service; (4%)
(3) Strengthens the wards
system;
(4) Integrates all 7f urce:, a nd
development pr a , f all levels and
Answer:

(1) Chairperson Emilio Melchor's holding of

ranks; and ex-officio positions under the Executive Order
(5) Institutionalize management climate constitutes a clear violation of the special
conducive to p c accountability. (Sec. 3, prohibition in Section 2 of Article TX-A of the
Art. IX-C, 198 Constitution. The aforementioned provision
strictly provides that he shall, during his
Bar Question 2015 tenure, not hold any other office or
employment. No distinction is made as ta
XXII which offices he may or may not hold, or as
to whether or not the functions attached to
The President appoints Emilio Melchor as said offices would be primarily related to hi$
Chairperson of the Civil Service Commission. duties as Chairperson of the Civil Service
Upon confirmation of Melchor's Commission and therefore may thus be held
appointment, the President issues an in an ex-officio capacity.
executive order including him as Ex-Officio
member of the Board of Trustees of the The GSIS, PHIMEALTH, ECC and HDMF
Government Service Insurance System all have their own respective charters with
(GSIS), Employees Compensation various powers and functions to accomplish:
Commission (ECC), and the Board of the purposes for which they were created..
Directors of the Philippine Health Insurance While powers and functions associated with
Corporation (PHIl,HIAT:ITI). Allegedly, this compensation and benefits affect the career
is based on the Administrative Code of 1997 development, employment status, rights,.
(E.O. No. 292), particularly Section 14, privileges, and welfare of officials and
Chapter 3, Title I-A, Book V. This provision employees, PHILHEALTH, ECC and
reads: "The chairman of the CSC shall be a

74
HDMF are tasked to perform other corporate Chairman, Civil Service Commission, C.R. No. L-
powers and functions which are not personnel 191672, November 25, 2014)
related. All of these powers and functions,
both personnel-related and non-personnel COMMISSION ON ELECTIONS
related, are carried out and exercised through
the respective Boards of the GSIS, Powers and Functions:
PHILHEALTH, ECC and IIDMF. Thus,
when the CSC Chairman sits as a member of (1) Enforce and administer all laws and
the governing Boards of the GSIS, regulations relative to the conduct of an
PHILHEALTH, ECC and HDMF, he may election, plebiscite, initiative, referendum,
exercise these powers and functions, which and recall.
arc not anymore derived from his position as
CSC Chairman, such as imposing interest on 1 (2) Deputize, with the concurrence of the
unpaid or unremitted contributions, issuing President, law enforcement agencies and
guidelines for the accreditation of health care instrumentalities of the Government,
providers, or approving restructuring including the Armed Forces of the
proposals in the payment of unpaid loan Philippines, for the exclusive purpose of
amortizations. ensuring free, orderly, honest, peaceful,
and credible elections.
Moreover the CSC Chairman's designation as
member of the governing Boards of the GSIS, (3) Register, after sufficient publication,
PHILHEALTH, ECC and HDMF entitles political parties, organizations, or
him to receive per diem, a form of additional coalitions upon presentation of
compensation that is not allowed by an ex requirements and their platform or
officio position since it is a clear program of government; and accredit
contravention of Section 2, Article TX-A of citizens' arms of the COMELEC.
the 1987 Constitution. This situation
contravenes the principle behind an ex o NOTES:
position, and is unconstitutional. COMELEC shall refuse the
registration of religious denominations
(2) Aside from violating the prohibition and sects, those which seek to achieve
against holding multiple offices, Melchor's their goals through violence or
designation to the governing Boards of the unlawful means, or refuse to uphold
GSIS, PHILHEALTFI, ECC and HDMF and adhere to the Constitution, or
impairs the independence of the CSC. Under which are supported by any foreign
Section 17, Article VII of the Constitution, government.
the President exercises control over all • Acceptance of financial contributions
government offices in the Executive Branch. from foreign governments and their
Thus an office that is legally not under the agencies to political parties,
control of the President is not considered part organizations, coalitions, or candidates
of the Executive Branch. (Funa v. The related to elections shall be an
additional ground for the cancellation

75
 of their registration with the (7) Submit to the President and the
Commission, in addition to other Congress a comprehensive report on the
penalties that may be prescribed by conduct of each election, plebiscite,
law. initiative, referendum, or recall.

(4) File, upon a verified complaint, or on its (8) Contempt powers:

own initiative, petitions in court for (a) COMELEC can exercise this power
inclusion or exclusion of voters; only in relation to its adjudicatory or
investigate and, where appropriate, quasi-judicial functions;
prosecute cases of violations of election (b) If it is a pre-proclamation
laws, including acts or omissions controversy, the COMELEC
constituting election frauds, offenses, and ercises quasi-
malpractices. administrative powers; and
ction over contests (after
NOTES: n), is in exercise of its
• COMELEC has e ton to nctions. (Bedol v.
investigate and case for COMET .F.C, G.R. No. 179830,
violations of ele t can deputize December 3, 2009)
prosecutors for e. The actin us Ir
of the prosecuto s are the actions of the Bar Question 2015
COMELEC.
• It has exclusive power to conduct XV
preliminary investigation of all election
offenses and to prosecute the same. (People The President appointed Dexter I. Ty as
of the Philippines v. Regalado, Jr., G.R. No. Chairperson of the COMELEC on June 14,
88919, July 25, 1990% ir Ai 2011 for a term of seven (7) years pursuant to
the 1987 Constitution. His term of office
started on June 2, 2011 to end on June 2,
(5) Recommend to the Congress effective ir 018. Subsequently, the President appointed
measurtoinzlcspedg,
including limitation of places where s. Marikit as the third member of the
propaganda materials shall be posted, `COMELEC for a term of seven (7) years
and to prevent and penalise all forms of starting June 2, 2014 until June 2, 2021. On
election frauds, offenses, malpractices, June 2, 2015, Chairperson Ty retired
and nuisance candidacies. optionally after having served the government
'for thirty (30) years. The President then
(6) Recommend to the President the :appointed Commissioner Marikit as
removal of any officer or employee it has 'COMELEC Chairperson. The Commission
deputized, or the imposition of any other on Appointments confirmed her
disciplinary action, for violation or appointment. The appointment papers
disregard of, or disobedience to its expressly indicate that Marikit will serve as
directive, order, or decision. COMELEC Chairperson "until the expiration
of the original term of her office as

76
COMELEC Commissioner or on June 2, of the term of the appointee will not exceed
2021." Matalino, a tax payer, files a petition seven years and that the rotational scheme of
for certiorari before the Supreme Court staggering the terms of the commission
asserting that the appointment of Marikit as membership is maintained. (Funa a. Millar, 670
COMET EC Chairperson is unconstitutional SCRA 579 [20121)
for the following reasons:
COMMISSION ON AUDIT
(1) The appointment of Marikit as
COMET EC Chairperson constituted Post-auditing authority
reappointment which is proscribed by Sectioni
1 (2), Article IX of the 1987 Constitution; andl Constitutional bodies, commissions and
that have been granted fiscal
(2) the term of office expressly stated in th i under the Constitution;
appointment papers of Marikit likewis state universities and
contravenes the aforementioned
constitutional provision. Will the (3) e their subsidiaries
constitutional challenge succeed? Explain. (4) Such 1 entities receiving
(4%) s ubsidy ectly or indirectly,
from or government, which
Answer: arc require by or the granting
institution to sub to such audit as a
(1) Matalino's contention that Commissioner condition of subsi r equity. (Sec. 2 (1),
Marikit's appointment as Chairman Art. IX-D, tution)
constituted a reappointment expressly
prohibited by the Constitution is untenable. N o law shall, exempting any entity
When appointed as Chairman, Commissioner of the GOVC its subsidiary in any
Marikit was yet to fully serve his term. The guise w ny investment of public
reappointment prohibited by the Constitution jurisdiction of the
is that which comes after serving his seven- udit. (Art. IX-D, Sec. 3). The
year term. His appointment as Chairman was ate auditors audit government
a promotional appointment and was not oes not divest the COA of its
covered by the prohibition against ower to examine and audit the same. (DBP v.
reappointment. CO34, G.R. No. 88435, January 16, 2002)

(2) The Commissioner Marikit's term limit as Powers and functions of the Commission
Chairman until the expiration of the original on Audit
term of her office as Commissioner on June 2,
2021 is valid until 2018, that is, the unexpired Examine, audit and settle all accounts
portion of the last Chairman's term but pertaining to revenue and receipts of, and
invalid if until 2021 as it exceeds the expenditures or uses of funds and property
limitation. A promotional appointment may owned or held in trust or pertaining to the
be allowed provided that the aggregate government; keep general accounts of the

77
government and preserve vouchers and
supporting papers; authority to define the XII.
scope of its audit and examination, establish ADMINISTRATIVE
techniques and methods required therefor;
promulgate accounting and auditing rules and LAW
regulations, including those for prevention 20 • UESTIONS
and disallowance. (Sec. 2 (1), An IX-D, 1987
Constitution)
POWERS OF ADMINISTRATIVE
PROHIBITED OFFICES AGENCIES
AND INTERESTS (9 Questions)
(1 Question)
lative (Rule-making Power)
No member of a Consti egisla u •wer is the power to make
shall, during his tenure: rule • ns which results in
delegate • that is within the
(1) Hold any other o oy e e yntent; confines • g statute and the
(2) Engage in the pr • f profe ,,sio ,doctrine of n ty and separation of
(3) Engage in the ctiv nagement a owers. 0 eowners Association v.
control of any siness which in any ;SecretaryDefensor, G.R. 163980, August 3,
may be affecte by the functions of his 2006)
office; and
(4) Be financially
indirectly, in an
tall, directly or
ntract •th, or in any
Quasi-judici
Proceedings
14. ake
tory Power)
f the character of
franchise or p
Government, an
agencies or instru
of
f hs46
to •
nted by the
divisions,
eluding
judicial pro
normally
its o
dministrative body is
uthority to promulgate
edure, provided they do
government-owned • contr re • •sh or modify substantive
' 'es. (Sec , an ect to disapproval by the
corporations or their su
An'. IX-A, 1987 Constitution • - •
urt. The requisites of procedural
ocess must be complied with. (Sec. 5(5),
Art VIII, 1987 Constitution)

JUDICIAL RECOURSE AND

REVIEW
(6 Questions)
Conditions for Judicial Review:
(1) Finality of Administrative action; and

78
(2) Exhaustion of administrative remedies. of Regents v. Rasul, 200 SCRA 685
(Madrinan v. Sinco, 110 Phil. 160), (Pacana [1991]);
v. Consunji, 108 SCRA 631 [1981]) (14) there is unreasonable delay (Republic v.
Sandiganbayan, 301 SCRA 237 [1999]);
Doctrine of exhaustion of administrative (15) the action involves recovery of physical
remedies possession of public land (Gabrito v.
Court of Appeals, 167 SCRA 771 [1988]);
GENERAL RULE: When an adequate (16) the party is poor (Sabello v. Department of
remedy is available within the Executive Education, Culture and Sports, 180 SCRA
Department, a litigant must first exhaust this 623 [1989]);
remedy before he can resort to the co 7 the law provides for immediate resort to
The purpose is to enable the a O. court (Rullan v. Valdes 12 SCRA
agencies to correct themselv I
committed an error. (Rosale 1 e pr involved is private land.
165 SCRA 344 [1 988]) Oba chopero, 128 SCRA 457);

EXCEPTIONS:
(1) The question
(2) the administra e
p.4rie
l i urely legal;
in estoppel;
the
illegal
409).
str e action is patently
Cachopero, 413 SCRA

(3) the act comp ed o is patently illegal;

(4) there is an gent need for judicial Bar Question 2015
intervention; da111
11; X
(5) the claim inv
(6) grave and e injury will be
suffered; '1'he Secretary of the Department of
(7) there is no o 14iedy and Environment and Natural Resources (DENR)
adequate remedy; issued Memorandum Circular No. 123-15
(8) strong public intere in ed; prescribing the administrative requirements
(9) the subject of the con rsy is privy for the conversion of a timber license
law; agreement (TLA) into an Integrated Forestry
(10) the case involves a quo Management Agreement (IFMA). ABC
proceeding (Sunville Timber Products, n Corporation, a holder of a TLA which is
v. A bad, 206 SCRA 482 [1992]); about to expire, claims that the conditions for
(11) the party was denied due process conversion imposed by the said circular are
(Samahang Magbubukid ng Kapdula, Inc. v. unreasonable and arbitrary and a patent nullity
Court of Appeals, 305 SCRA 147 [1999]); because it violates the non-impairment clause
(12) the decision is that of a Department under the Bill of Rights of the 1987
Secretary (Nazareno v. Court of Appeals, Constitution.
G.R. No. 131641, February 23, 2000);
(13) resort to administrative remedies would ABC Corporation goes to court seeking the
be futile (University of the Philippines Board nullification of the subject circular. The
DENR moves to dismiss the case on the

79
ground that ABC Corporation has failed to GENERAL PRINCIPLES
exhaust administrative remedies which is fatal (1 Question)
to its cause of action. If you were the judge,
will you grant the motion? Explain. (4%) Administrative Law
Branch of public law under which the
Answer: executive department of the government,
acting in a quasi-legislative or quasi-judicial
The motion to dismiss should be denied. capacity, interferes with the conduct of the
Given that the problem considers a situation individual for the purpose of promoting the
concerning the exercise of quasi-legislative well-being of the community.
functions the doctrine of exhaustion of
administrative remedies cannot apply. The
said rule applies only to judicial review of , r- XIII. NATIONAL
decisions of administrative agencies in the
exercise of their quasi-judicial power. It has ECONOMY AND
no application to their exercise of rule-making PATRIMONY
power (Holy Spirit Homeowners Association, Inc. v.
Defensor, 497 SCRA 581 ;'2006'). 14 • UESTIONS

ADMINISTRATIVE AGENCIES EXPLORATION,

4 Questions) DEVELOPMENT AND
Agency of the governnic
UTILIZATION OF NATURAL
Any of the various units of the government, RESOURCES
including a depa eau, office, (3 Questions)
instrumentality, or wned or
controlled corporation, ernment e corporation to exploit,
or a distinct unit therein. Introdu compressed natural gas is
Provisions, Administrative Co 87; Ma it is for the common good
Cebu v. Marcos, 261 SCRA 667 omically viable. Congress may by
ate a government-owned or controlled
What created administrative agencies: corporation in such cases. (Sec. 16, Art. XII,
1987 Constitution; [2006 Bar])
(1) Constitutional provision;
(2) Legislative enactment; The State owns all natural resources in the
(3) Court decision; or Philippines and may directly undertake the
(4) Body of rules, regulations and order exploration, development and utilisation of
issued by administrative agencies. natural resources. (Sec. 2, Art. XII, 1987
Constitution)

80
 ACQUISITION, OWNERSHIP MONOPOLIES,
AND TRANSFER OF RESTRAINT OF TRADE
PUBLIC AND PRIVATE LANDS AND UNFAIR COMPETITION
(3 Questions) (2 Questions)

Classification of lands of public domain: Monopoly

It is a privilege or peculiar advantage vested in
(1) Agricultural Lands; one or more persons or companies, consisting
(2) Forest/Timber Lands; in the exclusive right or power to carry on a
(3) Mineral Lands; and articular business or trade, manufacture a
(4) National Park. (Sec. 3, Ad. article, or control the sale of a
Constitution) odity. (Agan, Jr. v. PIATCO,
May 5, 2003)
Classification of public 1
the executive branch, s ector opoly
of the Land Manage ublic v.
Imperial, G.R. No. 13 11, 1999) State shall regulate or prohibit
onopolies when the public interest so
Only a Filipino c acquire privy equines. No combinations in restraint of
lands in the Phili es. The only instance's trade or unfair competition shall be allowed.
(Sec. 19, Art. XII , 1987 Constitution)
■
when a foreigner c acquire private lands in
the Philippines ar tary succession 0^
NOTE: Monopolies are not per se prohibited
and if he was form al born Filipino
-

citizen who Philippine by the Constitution but may be permitted to

citizenship. (Republic n, G.R. No. exist to aid the government in carrying on an
132964. February 18, 2 enterprise or to aid in the performance of
various services and functions in the interest
NATIONALITY AND f the public. Nonetheless, a determination
CITIZENSHIP REQUIREMENT ust first be made as to whether public
interest requires a monopoly. As monopolies
PROVISIONS e subject to abuses that can inflict severe
(3 Questions) prejudice to the public, they are subject to a
higher level of State regulation than an
Educational institutions, except those ordinary business undertaking. (Agan, Jr. v.
established by religious groups and mission PIATCO, G.R. No. 155001, May 5, 2003)
boards, must be owned solely by Filipino
citizens or corporations or associations at
least 60% of the capital of which is owned by
Filipino citizen. The control and
administration of all educational institutions
shall be vested in Filipino citizens. (Sec. 4(2),
At XIV, 1987 Constitution)

81
 the benefit of the people; and an expanding
REGALIAN DOCTRINE productivity as the key to raising the quality of
(1 Question) life for all, especially the underprivileged. (Sec.
1, Art. XII, 1987 Constitution)
All lands of the public domain, waters,
minerals, coal, petroleum and other mineral NOTE: The Congress shall not, except by
oils, all forces of potential energy, fisheries, general law, provide for the formation,
forests or timber, wildlife, flora and fauna, and organization, or regulation of private
other natural resources are owned by the corporations. Government-owned or
State. With the exception of agricultural lands, controlled corporations may be created or
all other natural resources shall not be established by special charters in the interest
alienated. (Sec. 2, Art. XI, 1987 Cons of the common good and subject to the test
Otherwise known as jura regalia. of economic viability. (Sec. 16, Art. XII, 1987
Constitution)
When aliens may acquir
the Philippines FRANCHISES, AUTHORITY
AND CERTIFICATES FOR
Aliens may acquire p
succession. (Sec. 7, A
PUBLIC UTILITIES
(1 Question)
Natural-born citize
lost their Filip ublic utility
transferees of priv A utility corporation which renders service to
1987 Constitution). the general public for compensations. Its
service is not confined to privileged
ORGANIZATION AND Individuals but is open to an indefinite public.
REGULATION (Iloilo Ice and Cold Storage Co. v. Public Utility
Board, G.R. No. L-19857, March 2, 1923)
OF CORPORATIONS, PRIVATE
AND PUBLIC The franchise, certificate or any other form of
(1 Question) authorization for the operation of a public
tility shall neither be exclusive, nor for a
All sectors of the economy and all regions o period longer than fifty (50) years and subject
the country shall be given optimum to amendment, alteration or repeal by
opportunity to develop. Private enterprises, Congress. (Sec. 11, Art. XII, 1987 Constitution)
including corporations, cooperatives, and
similar collective organizations, shall be Such franchise, certificate or any other form
encouraged to broaden the base of their of authorization for the operation of a public
ownership. This is in line with the goals of the utility is reserved to Filipino citizens or
national economy for a more equitable entities with 60% capital owned by such
distribution of opportunities, income, and citizens. (Ibid.)
wealth; a sustained increase in the amount of
goods and services produced by the nation for

82
The prohibition of the Constitution is against of Angat Darn. Angat Darn will trap the
foreigners and foreign corporations being natural flow of water from the river. The
given a franchise to operate a public utility. water supplied by PSALM will then be used
However, they may own the facilities. (Tatad v. for power generation. Once removed from its
Garcia, G.R. No. 114222, April 6, 1995) natural source the water ceases to be part of
the natural resources of the Philippines and
Bar Question 2015 pay be acquired by foreigners. (Initiatives for
ialogue and V.:mpowerment through A iternative
XIX gal Services, 1nc. v. Power Sector A ssets and
'abilities Management Corporation, 682 SCRA
Pursuant to its mandate to manage the order 602 [20129
sale, dispoSition and privatization of
National Power Corporation's
generation assets, real estate and of XIV. THE PHILIPPINE
disposable assets, the Power Sector Assets ONSTITUTION
and Liabilities Management (PSALM) started
the bidding process for the privatization of NS)
Angat Hydro Electric Power Plant (AHEPP).
After evaluation of the bids, K-Pop Energy
Corporation, a South Korean Company, was AMENDMENTS AND
the highest bidder. Consequently, a notice of REVISIONS
award was issued to K-Pop. The Citizens' (5 Questions)
Party questioned the sale arguing that it
violates the constitutional provisions on the Authority pro se Constitutional
appropriation and utilization of a natural Amendme
resource which should be limited to Filipino
citizens and corporations which are at leaSt (1) C ote of at least three-
60% Filipino-owned. The PSALM countered of all its members may
that only the hydroelectric facility is bein ,
ndments or revisions. (Sec. 1,
sold and not the Angat Dam; and that L 1987 Constitution). The two
utilization of water by a hydroelectric poWet ses of a bicameral legislature should
plant does not constitute appropriation of vote separately. (Miller v. Mardo, 2 SCRA
water from its natural source of water that 898 [1961])
enters the intake gate of the power plant
which is an artificial structure. Whose clairn (2) A constitutional convention may propose
correct? Explain. (4%) amendments or revisions. (Sec. 1, An
XVII, 1987 Constitution) Congress may by
vote of at least two-thirds (2/3) of all its
members call a constitutional convention
PSA is correct. e ons or by majority vote of all its members
prohibit foreign ownership of a hydroelec submit that question to the people. (Sec. 3,
power plant. PSALM should retain ownership Art. XVIII, 1987 Constitution)

83
(3) The people may directly propose two houses to vote separately. The
amendments to the Constitution upon amendment shall be valid only when ratified
petition of at least 12% of the total by a majority of the votes cast in a plebiscite.
number of registered voters, of which (Sec. 4, Art XVII, 1987 Constitution)
every legislative district must be
represented by at least 3% of the voters in - ONSTITUTIONTDEFINITION;
it. (Sec. 2, An XVII, 1987 Constitution) NATURE
AND CONCEPTS
(a) Requirements:
(i)The required number of people
(2 Questions)
must sign the petition.
(ii)The full text of the rules and maxims in accordance with
amendments must f wers of sovereignty are habitually
the people sig Constitutional Limitations, p. 4)
(Lambino v. C
Aw enacted by direct action
505 SCRA 1
of the 'eh the fundamental
powers o ent are established,
(b) Limitation
(i) The an propose limited and d by which those
nts only and not powers are among the several
amen
revisio which involve changing departments for their s. and useful exercise
a b ciple of the for the benefit of the sdy politic. (Malcolm
Consti (Lambino P bppitte Consti
Commis ections, 505 SCRA
160 [20
The p any prop( )se
amendmen an once
every five ( a. 2, f communication and
XVII, 1987 Co official languages of the
e Filipino, and until otherwise
(4) Any amendment or revision sh by law, English." Filipino is a
when ratified by a majority of the vote ermanent official language that cannot
cast in a plebiscite. (Sec. 4, Art. XVIII, otherwise be changed by law. On the other
1987 Constitution) hand, Congress may change English as an
official language for purposes of
communication and instruction. (Sec. 7, Art.
When amendment is valid; procedure .XIV, 1987 Constitution)
An amendment proposed by Congress must
be approved by at least three-fourths (3/4)
vote of the members of the Senate and of the
House of Representatives voting separately. It
is inherent in a bicameral legislature for the

84
 Agustin, Inc. v. Court of Appeals, 230 SCRA 761
XV. EDUCATION, [1994])
SCIENCE,
TECHNOLOGY, ARTS, XVI. SOCIAL JUSTICE
CULTURE AND AND HUMAN RIGHTS
SPORTS (6 QUESTIONS)
(7 QUESTIONS)
COMMISSION ON HUMAN
ACADEMIC FREEDOM RIGHTS
(7 Questions) (6 Questions

It includes the rights o may Inve unction

teach, what may be shall be
taught and who v. The Com a purely investigatory
Faculty Admission 7 body cannot 5 rder to desist or a

[1975]) tlestraining or it does not perform

adjudicative functions. xport Processing Zone
Because of acade freedom, a school can Authority v. Commission Human Rights, 208
refuse to re-enroll who failed to .RA 125 [1950
meet its academic s I angonan v. Palk,
137 SCRA 245 [198 Itfytictive
464'
Because of academic fr er in the Since the on Human Rights has
graduate school may student no a temporary restraining
reading assignments, hol • mee preliminary injunction, the
once a week, and require to rs inst 0 e sought from the courts of
of holding classes daily. (Camacho xport Processing Zone Authority v.
387 SCRA 628 [2002]) ission on Human Rights, 208 SCRA 125
[1992])
Applicability
Contempt powers
Academic freedom shall be enjoyed in all
institutions of higher learning. (Sec. 5(2), Art. The Commission has the power to cite for
XIV, 1987 Constitution) contempt any person only for violations of its
operational guidelines and rules of procedure
It includes the right to prescribe academic essential to carry out its investigatory powers.
standards, policies and qualifications for the (Simon v. Commission on Human Rights, 229
admission of a student. (University of San SCRA 117 [1994])

85
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