Constitutional Rights of the Accused (Sec. 14, Art. Ill) 1. Criminal Due process: a.

accused to be heard in court of competent jurisdiction; b. accused proceeded against under orderly processes of law; c. accused given notice and opportunity to be heard; and d. judgment rendered was within authority of a constitutional law (Mejia v. Pamaran, supra.). 2. Presumption of Innocence Every circumstance favoring the innocence of the accused must be taken into account. The proof against him must survive the test of reason; the strongest suspicion must not be permitted to sway judgment (People v. Austria, 195 SCRA 700) The presumption that official duty was regularly performed cannot, by itself, prevail over the constitutional presumption of innocence. Equipoise or Equiponderance of Evidence evidence of both sides are equally balanced. Effect in Criminal Prosecution: Acquittal of accused because of failure to overcome presumption of innocence. 3. Right to be Heard by himself and counsel; 4. Right to be Informed of nature and cause of accusation against him; Description not designation of the offense controls. Void-for-Vagueness Rule accused is denied the right to be informed of the charge against him, and to due process as well, where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are punished and, hence, shall be avoided (Nachura, p. 95). 5. Right to Speedy, impartial and public trial; speedy free from vexatious, capricious and oppressive delays. impartial accused entitled to "cold neutrality of an impartial judge." public to prevent possible abuses which may be committed against the accused. 6. Right to Meet witness face to face; witnesses not submitted for cross-examination not admissible as evidence. right to cross-examination, however, may be waived. 7. Right to Compulsory process to secure attendance of witnesses and production of evidence. KEY: H I D I S C M Trial in absentia allowed only after arraignment and absence unjustified. Habeas Corpus (Sec. 15, Art. III) writ issued by court directed to person detaining another, commanding him to produce the body of the prisoner at designated time and place, with the day and cause of his capture and detention, to do, to submit to, and to receive whatever court or judge awarding writ shall consider in his behalf (Nachura, p. 99). Right to Speedy Determination of Cases (Sec. 16, Art. III) All persons shall have the right to a speedy determination of cases before judicial, quasijudicial and administrative bodies Speedy Trial Act of 1998 Mandatory pre-trial in criminal cases. In all cases cognizable by the MTC, MCTC, MeTC, RTC, and the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial conference to consider the following:

(a) Plea bargaining; (b) Stipulation of Facts; (c) Marking for identification of evidence of parties; (d) Waiver of objections to admissibility of evidence; and (e) Such other matters as will promote a fair and expeditious trial. Pre-trial agreement. All agreements or admissions made or entered into during the pre-trial conference shall be reduced to writing and signed by the accused and counsel, otherwise, the same shall not be used in evidence against the accused. The agreements in relation to matters referred to in Section 2 hereof is subject to the approval of the court: Provided, That the agreement on the plea of the accused to a lesser offense may only be revised, modified, or annulled by the court when the same is contrary to law, public morals, or public policy. Effect of Non-appearance at pre-trial conference. Where counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his/her lack of cooperation, the pre-trial justice or judge may impose proper sanctions or penalties. Pre-trial order. After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial, unless modified by the court to prevent manifest injustice. Time limit for trial. In criminal cases involving persons charged of a crime, except those subject to the Rules on Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of One thousand pesos (P1,000.00) or both, irrespective of other imposable penalties, the justice or judge shall, after consultation with the public prosecutor and the counsel for the accused, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Chief Justice of the Supreme Court pursuant to Section 3, Rule 22 of the Rules of Court. Time limit between filing of information and arraignment and between arraignment and trial. The arraignment of an accused shall be held within thirty (30) days from the filing of the information, or from the date the accused has appeared before the justice, judge or court in which the charge is pending, whichever date last occurs. Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. Trial shall commence within thirty (30) days from arraignment as fixed by the court. If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes a negative or affirmative defense. A negative defense shall require the prosecution to prove the guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the order of trial and require the accused to prove such defense by clear and convincing evidence. Time limit following an order for new trial. If the accused is to be tried again following an order of a court for a new trial, the trial shall commence within thirty (30) days from the date the order for a new trial becomes final, except that the court retrying the case may extend such period but in any case shall not exceed one hundred eighty (180) days from the date the order for a new trial becomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within thirty (30) days impractical. SECTION 10. Exclusions. The following periods of delay shall be excluded in computing the time within which trial must commence: (a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following: (1) delay resulting from an examination of the accused, and hearing on his/her mental competency, or physical incapacity;

(2) delay resulting from trials with respect to charges against the accused; (3) delay resulting from interlocutory appeals; (4) delay resulting from hearings on pre-trial motions: Provided, That the delay does not exceed thirty (30) days; (5) delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts; (6) delay resulting from a finding of the existence of a valid prejudicial question; (7) delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement. (b) Any period of delay resulting from the absence or unavailability of the accused or an essential witness. For purposes of this subparagraph, an accused or an essential witness shall be considered absent when his/her whereabouts are unknown and, in addition, he/ she is attempting to avoid apprehension or prosecution or his/her whereabouts cannot be determined by due diligence. An accused or an essential witness shall be considered unavailable whenever his/her whereabouts are known but his/her presence for trial cannot be obtained by due diligence or he/she resists appearing at or being returned for trial. (c) Any period of delay resulting from the fact that the accused is mentally incompetent or physically unable to stand trial. (d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. (e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or as to whom the time for trial has not run and no motion for severance has been granted. (f) Any period of delay resulting from a continuance granted by any justice or judge motu propio or on motion of the accused or his/her counsel or at the request of the public prosecutor, if the justice or judge granted such continuance on the basis of his/her findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. No such period of delay resulting from a continuance granted by the court in accordance with this subparagraph shall be excludable under this section unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the accused in a speedy trial. Factors for granting continuance. The factors, among others, which a justice or judge shall consider in determining whether to grant a continuance under subparagraph (f) of Section 10 of this Act are as follows: (a) Whether the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible, or result in a miscarriage of justice. Whether the case taken as a whole is so novel, so unusual and so complex, due to the number of accused or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this Act. No continuance under subparagraph (f) of Section 10 shall be granted because of general congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the public prosecutor. Public attorney's duties where accused is imprisoned. If the public attorney knows that a person charged of a crime is preventively detained, either because he/she is charged of a

bailable crime and has no means to post bail, or is charged of a non-bailable crime, or is serving a term of imprisonment in any penal institution, the public attorney shall promptly: (a) Undertake to obtain the presence of the prisoner for trial, or cause a notice to be served on the person having custody of the prisoner mandating such person to so advise the prisoner of his/her right to demand trial. (b) Upon receipt of a notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge and of his/her right to demand trial. If at any time thereafter the prisoner informs the person having custody that he/she demands trial, such person shall cause notice to that effect to be sent promptly to the public attorney. (c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial. (d) When the person having custody of the prisoner receives from the public attorney a properly supported request for temporary custody of the prisoner for trial, the prisoner shall be made available to that public attorney. Remedy where accused is not brought to trial within the time limit. If an accused is not brought to trial within the time limit required by Section 7 of this Act as extended by Section 9, the information shall be dismissed on motion of the accused. The accused shall have the burden of proof of supporting such motion but the prosecution shall have the burden of going forward with the evidence in connection with the exclusion of time under Section 10 of this Act. In determining whether to dismiss the case with or without prejudice, the court shall consider, among other factors, the seriousness of the offense, the facts and circumstances of the case which led to the dismissal, and the impact of a reprosecution on the implementation of this Act and on the administration of justice. Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty shall constitute a waiver of the right to dismissal under this section. Sanctions. In any case in which counsel for the accused, the public prosecution or public attorney: (a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial; (b) files a motion solely for the purpose of delay which he/ she knows is totally frivolous and without merit; (c) makes a statement for the purpose of obtaining continuance which he/she knows to be false and which is material to the granting of a continuance; or (d) otherwise willfully fails to proceed to trial without justification consistent with the provisions of this Act, the court may, without prejudice to any appropriate criminal and/or administrative charges to be instituted by the proper party against the erring counsel if and when warranted, punish any such counsel or attorney, as follows: (1) in the case of a counsel privately retained in connection with the defense of an accused, by imposing a fine not exceeding fifty percent (50%) of the compensation to which he/she is entitled in connection with his/her defense of the accused; (2) by imposing on any appointed counsel de officio or public prosecutor a fine not exceeding Ten thousand pesos (P10,000.00); and (3) by denying any defense counsel or public prosecutor the right to practice before the court considering the case for a period not exceeding thirty (30) days. The authority to punish provided for by this section shall be in addition to any other authority or power available to the court. The court shall follow the procedures established in the Rules Court in punishing any counsel or public prosecutor pursuant to this section. Approved: February 12, 1998. Self-Incrimination (Sec. 17, Art. III)

Availability not only in criminal prosecutions but also in all other government proceedings, including civil actions and administrative or legislative investigations. May be claimed not only by accused but by any witness to whom an incriminating question is addressed. Scope applies only against testimonial compulsion and production of documents, papers and chattels in court except when books of account are to be examined in exercise of power of taxation and police power. Transactional Immunity Statute testimony of any person or whose possession of documents or other evidence necessary or convenient to determine the truth in any investigation conducted is immune from criminal prosecution for an offense to which such compelled testimony relates (Sec. 18 [8], Art. XIII). Use Immunity Statute prohibits the use of a witness' compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness (Galman v. Pamaran, 138 SCRA 274). Non-Detention by Reason of Political Beliefs or Aspirations (Sec. 18 [1], Art. III) No person shall be detained by reason of his political beliefs or aspirations. Involuntary Servitude (Sec. 18 [2], Art. III) condition where one is compelled by force, coercion or imprisonment, and against his will, to labor for another, whether he is paid or not. Exceptions: 1. punishment for a crime whereof one has been duly convicted; 2. service in defense of State (Sec. 4, Art. II); 3. naval enlistment (Nachura, p. 102, citing Robertson v. Baldwin, 165 U.S. 275); 4. posse comitatus (U.S. v. Pompeya, 31 Phil. 245); 5. return to work order in industries affected with public interest; and 6. patria potestas. Prohibited Punishment Mere severity does not constitute cruel or unusual punishment. To violate constitutional guarantee, penalty must be flagrant and plainly oppressive, disproportionate to nature of offense as to shock senses of community. Non-Imprisonment for Debt (Sec. 20, Art. III) No person shall be imprisoned for debt or non-payment of a poll tax. Double Jeopardy (Sec. 21, Art. Ill) Requisites: 1. valid complaint or information; 2. filed before competent court; 3. to which defendant has pleaded; and 4. defendant was previously acquitted or convicted or the case dismissed or otherwise terminated without his express consent. Dismissal of action, when made at instance of accused. NO di except: 1. when ground for dismissal is insufficiency of evidence; or 2. when proceedings have been unreasonably prolonged as to violate the right of the accused to speedy trial. Crimes covered: 1. same offense; or attempt to commit or frustration thereof or for any offense which necessarily includes or is necessarily included in the offense charged in original complaint or information; and 2. when act is punished by law and an ordinance, conviction or acquittal under either shall bar another prosecution for same act.

Doctrine of Supervening Event prosecution for another offense if subsequent development changes character of indictment under which he may already been charged or convicted. Conviction of Accused Shall Not Bar Another Prosecution for an Offense which Necessarily Includes the Offense Originally Charged when: a. graver offense developed due to supervening facts arising from the same act or omission; b. facts constituting graver offense arose or discovered only after filing of former complaint or information; and c. plea of guilty to lesser offense was made without the consent of fiscal or offended party {People v. Judge Villarama, 210 SCRA 246). Ex Post Facto Law and Bill of Attainder (Sec. 22, Art. III) Kinds: 1. law criminalizing act done before its passage; 2. law aggravating penalty for crime committed before passage; 3. law inflicting greater or more severe penalty; 4. law altering legal rules of evidence and receives less or different testimony than law required at time of commission, in order to convict accused; 5. law assuming to regulate civil rights and remedies only, in effect imposes a penalty of deprivation of right for something which when done was lawful; 6. law depriving accused of some lawful protection to which he had been entitled, such a protection of a former conviction or acquittal, or of a proclamation of amnesty. Characteristics: 1. It refers to criminal matters; 2. It is retroactive in application; and 3. It works to the prejudice of the accused. Bill of Attainder Legislative act that inflicts punishment without trial. Legislative declaration of guilt. Article IV Citizenship Membership in a political community which is personal and more or less permanent in character. Distinguished from Nationality membership in any class or form of political community. Usual Modes of Acquiring Citizenship: 1. By birth a. jus sanguinis; and b. jus soli; 2. By naturalization; 3- By marriage; Citizens of the Philippines (Sec. 1, Art. IV): 1- Citizens at the time of adoption of 1987 Constitution; 2- Whose fathers or mothers are citizens of the Philippines;

3. Born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching age of majority; and time to elect: 3 years after age of majority. 4- Naturalized in accordance with law Modes of Naturalization: 1. Direct through a. Judicial proceedings; b. Administrative proceedings (R.A. No. 9139) c. Special act of Congress; d. Collective change of nationality through cession or subjugation; and e. In some cases, by adoption of orphan minors as nationals of the State where they are born. 2. Derivative citizenship conferred on: a. wife of naturalized husband; b. minor children of naturalized person; and c. alien woman upon marriage to a national (Nachura, p. 114). A. Judicial Proceedings Qualifications for Naturalization: 1. Not less than 21 years of age on date of hearing of petition; 2. Resided in Philippines for not less than 10 years; may be reduced to 5 years if: a. honorably held office in government; b. established new industry or introduced a useful invention in the Philippines; c. married to a Filipino woman; d. engaged as teacher in Philippine in public or private school not established for exclusive instruction to particular nationality or race, or in any branches of education or industry for period not less than 2 years; and e. born in the Philippines; 3. Good moral character; 4. Own real estate in the Philippines not less than P5,000.00 in value; or have some lucrative trade, profession or lawful occupation; 5. Speak and write English or Spanish and any principal Philippine languages; and 6. Enrolled minor children in any public or private school recognized by government where Philippine history, government and civics are taught as part of curriculum, during entire period of residence prior to hearing of petition. Key: RE2GAL Disqualifications for Naturalization: 1. opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments.; 2. defending or teaching necessity or propriety of violence, personal assault or assassination for the success or predominance of their ideas; 3. polygamists or believers in polygamy; 4. suffering from mental alienation or incurable contagious disease; 5. convicted of a crime involving moral turpitude; 6. who, during residence in the Philippines, have not mingled socially with Filipinos, or not evinced sincere desire to learn and embrace customs, traditions and ideals of Filipinos; and 7. citizens or subjects of foreign country whose laws do not grant Filipinos right to become naturalized citizens or subjects thereof (Reciprocity). Key: M2CPOT Reciprocity Effects of Naturalization: 1. vests citizenship on wife if qualified to be naturalized; 2- minor children born in Philippines before naturalization considered citizens; 3- minor child born outside the Philippines who was residing in the Philippines at time of naturalization considered citizens;

4. minor child born outside the Philippines before parents' naturalization considered citizens only during minority, unless begins to reside permanently in the Philippines; 5. Child born outside the Philippines after parent's naturalization considered Filipino, provided registered as such before any Philippine consulate within 1 yr. after attaining majority age, and takes oath of allegiance. Denaturalization Grounds: 1. Naturalization certificate obtained fraudulently or illegally; 2. If, within 5 years, he returns to his native country or to some foreign country and establishes residence there; *1 year stay in native country ) Prima facie evidence of *2 years stay in foreign country } intent to reside therein. 3. Petition was made upon invalid declaration of intention; 4. Minor children failed to graduate through the fault of the parents either by neglecting support or by transferring them to another school; 5. Allowed himself to be used as dummy. Effects of Denaturalization: 1. If ground affects intrinsic validity of proceedings, denaturalization shall divest wife and children of their derivative naturalization; or 2. If ground is personal, wife and children shall retain citizenship. Doctrine of Indelible allegiance an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired. Loss of Philippine Citizenship (CA 63) 1. Naturalization in a foreign country; 2. Express Renunciation of citizenship; 3. Subscribing to oath of Allegiance to constitution or laws of foreign country upon attaining of 21 years of age; Citizen may not divest citizenship when Philippines is at war. 4. Rendering service to or accepting Commission in the armed forces of a foreign country; 5. Cancellation of certificate of naturalization; 6. Having been declared by competent authority a Deserter of Philippine Armed Forces in time of war. KEY:C2AND(Y)-R Note the Procedure for Naturalization General Rule: Res judicata does not set in citizenship cases. Exception: RJ applies when: 1. Person's citizenship is resolved by a court or an administrative body as a material issue in the controversy, after a full-blown hearing; 2. With the active participation of the Solicitor General or his representative; and 3. Finding of his citizenship is affirmed by the Supreme Court. Reacquisition of Citizenship 1. By naturalization; 2. By repatriation; 3. By direct act of Congress. Article V Suffrage Right to vote in elections. Who may Exercise (Sec. 1, Art. V): 1. All citizens of the Philippines, not otherwise disqualified by law; 2. At least 18 years of age; 3. Resided in the Philippines for at least one year; and 4. Resided in the place they propose to vote for at least 6 months, immediately preceding the election. Residence its dual meaning in election laws

1st Requirement of residence in the Philippines: synonymous with "domicile." imports both intention to reside and personal presence coupled with conduct indicative of such intention. 2nd Requirement of residence in the place where one intends to vote: can mean domicile or temporary residence. Acquisition of Domicile by Choice: 1. residence or bodily presence in the new locality; 2. an intention to remain there; and 3. an intention to abandon the old residence (Gallego v. Verra, 73 Phil. 453). Article VI Legislative Department Legislative Power power to propose, enact, amend and repeal laws. vested in Congress, except to the extent reserved to the people by provision on initiative and referendum. Initiative power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose (RA 6736). Classes: 1. Initiative on the Constitution refers to a petition proposing amendments to the Constitution; 2. Initiative on statutes refers to a petition proposing to enact a national legislation; 3. Initiative on local legislation refers to the petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or ordinance. Limitations: 1. power of local initiative shall not be exercised more than once a year; 2. initiatives shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact: and 3. if at anytime before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be canceled. Limitation on Local Legislative Body vis-a-vis Local Initiative: Any proposition or ordinance approved through an initiative and referendum shall not be repealed, modified or amended by the sanggunian within 6 months from the date of approval thereof, and may be amended, modified or repealed within 3 years thereafter by a vote of 3/4 of all its members. In case of barangays, the period shall be 18 months after approval (Sec. 125, RA 7160). Indirect Initiative Exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action. Local Initiative Not less than 2,000 registered voters in case of autonomous regions, 1,000 in case of provinces and cities, 100 in case of municipalities, and 50 in case of barangays, may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution. Limitation on Local Initiative: a) The power of local initiative shall not be exercised more than once (1) a year; b) Initiative shall only extend to subjects or matters which are within the legal powers of the local legislative bodies to enact; and c) If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative is cancelled. Referendum power of the electorate to approve or reject legislation through an election called for the purpose.

Classes: 1. Referendum on statutes refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and 2. Referendum on local laws refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. Plebiscite submission of constitutional amendments or important legislative measure to the people for ratification. Congress composed of: (Sec. 1, Art. VI) 1. Senate; and 2. House of Representatives. Senate Composition: 24 Senators elected at large by qualified voters (Sec. 2, Art. V). Qualifications of Senators: 1. Natural-born citizen; 2. at least 35 years old on the day of election; 3. able to read and write; 4. a registered voter; and 5. resident for not less than 2 years immediately preceding the day of election. Term of Office: 6 years; maximum of 2 consecutive terms (Sec. 3, Art. VI). House of Representatives Composition: not more than 250 members, unless otherwise provided by law, consisting of a. District representatives elected from legislative district apportioned among provinces, cities, and Metro Manila area. b. Party-list representatives constitute 20% of total number of representatives, elected through a party-list system of registered national, regional and sectoral parties or organization (Sec. 5 [1] and [2], Art. VI). Apportionment of Legislative Districts (Sec. 5 [3] and [4] Art. VI): 1. Maintain proportional representation based on number of inhabitants; each city with not less than 250T inhabitants, entitled to at least 1 representative. each province, irrespective of the number of inhabitants, entitled to at least 1 representative. 2. Each district must be contiguous, compact and adjacent. Gerrymandering not allowed; and 3. Reapportionment within 3 years following return of every census. Gerrymandering formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party. Not allowed (Bernas, p. 186). Qualifications of Representatives (Sec. 6, Art. VI) 1. Natural-born citizen; 2. at least 25 years old on the day of election; 3. able to read and write; 4. except party-representatives, registered voter of district; and 5. resident thereof for not less than 1 year from day of election. Party-List System mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the Commission on Elections. Political Party organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of

securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. It is a National Party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a Regional Party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region. Sectoral Party an organized group of citizens belonging to any of the following sectors: labor, peasants, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers and professionals, whose principal advocacy pertains to the special interest and concerns of their sectors. Sectoral Organization a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns. Coalition an aggrupation of duly registered, national, regional, sectoral parties or organizations for political and/or election purposes. Grounds for Refusal or Cancellation of Registration: 1. it is a religious sect or denomination, organization or association organized for religious purposes; 2. it advocates violence or unlawful means to seek its goal; 3. it is a foreign party or organization; 4. it is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members, or indirectly through third parties, for partisan election purposes; 5. it violates or fails to comply laws, rules or regulations relating to elections; 6. it declares untruthful statements in its petition; 7. it has ceased to exist for at least one (1) year; and 8. it fails to participate in the last two (2) preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the two preceding elections for the constituency in which it has registered. Nomination of Party-list Representatives each registered party, organization or coalition shall submit to the Comelec not later than 45 days before the election a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes. A person may be nominated in one list only. Only persons who have given their consent in writing may be named in the list. The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. No change shall be allowed after the list shall have been submitted to the Comelec except in cases where the nominee dies, or withdraws in writing his nomination, becomes incapacitated, in which case the name of the substitute shall be placed last in the list. Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned. Qualifications for Party-List nominees Natural born citizen of the Philippines, a registered voter, a resident of the Philippines for at least one year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which seeks to represent for at least 90 days preceding the day of the election, and is at least 25 years of age on the day of the election. For the youth sector, he must be at least 25 years of age but not more than 30 years of age on the day of the election. Any youth representative who attains the age of 30 during his term shall be allowed to continue in office until the expiration of his term. Number of Party-list Representatives 20% of the total number of the members of the House of Representatives including those under the party-list. Effect of Change of Affiliation any elected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat; provided that if he changes his political party or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.

Vacancy in case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the Comelec by the same party, organization or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization or coalition concerned shall submit additional nominees. Term of Office and Rights party-list representatives shall be elected for a term of 3 years, and shall be entitled to the same salaries and emoluments as regular members of the House of Representatives. Term of Office: 3 years; maximum: 3 consecutive terms (Sec. 7, Art. VI). Privileges of Members of Congress (Sec. 11, Art. VI) 1. Freedom from arrest while Congress is in session for offense punished by not more than 6 years imprisonment (Art. 145, Revised Penal Code); 2. Privilege of speech and of debate not be questioned nor held liable in any other place for any speech or debate in Congress or in any committee thereof. Disqualifications and Inhibitions (Sec. 13, Art. VI): l. Incompatible Office may not hold office or employment in government during his term without forfeiting his seat. 2. Forbidden Office may not be appointed to any office created or employments thereof increased during term for which he was elected. 3. Cannot appear as counsel before any court or before the Electoral Tribunals, quasi-judicial or other administrative bodies. 4. Shall not, directly or indirectly, be financially interested in any contract with, franchise or special privilege granted by the Government. 5. Shall not intervene in any matter before any office in government for his pecuniary benefit or where he may be called upon to act on account of his office (Sec. 14, Art. VI). 6. Upon assumption of office, must make a full disclosure of financial and business interest. Shall notify House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. Sessions (Sec. 14, Art. VI) 1. Regular convene once every year. The 4th Monday of July until 30 days before start of new regular session; 2. Special called by the President; 3. Joint sessions a. voting separately: (i) choosing the President (Sec. 4, Art. VII); (ii) determine President's disability (Sec. 11, Art. VII); (iii) confirming nomination of vice-president (Sec. 9, Art. VI); (iv) declaring existence of state of war (Sec. 23, Art. VI); and (v) proposing constitutional amendments (Sec. 1, Art. XVII). b. voting jointly: to revoke or extend proclamation suspending the writ of habeas corpus or declaration of martial law (Sec. 18, Art. VII). 4. Adjournment neither Chamber during session, without the consent of the other, adjourn for more than 3 days, nor any other place than that in which the two Chambers shall be sitting (Sec. 16 [51, Art. VI). Adjournment Sine Dei interval between the session of one congress and that of another.

Officers (Sec. 16 [1], Art. VI) Senate: Senate President ( elected by majority vote of House: Speaker of the House } respective members such other officers as they may deem necessary. Quorum (Sec. 16 [2], Art. VI) majority of each House smaller number may adjourn from day to day and may compel attendance. Discipline of Members (Sec. 16 [3], Art. VI) Each House may punish its members for disorderly behavior, and, with the concurrence of 2/3 of all its members, suspend (for not more than 60 days) or expel a member. Matters Mandated by the Constitution to be Entered in to the Journal (Sec. 16 [4], Art. VI) 1. yeas and nays on third and final reading of a bill; 2. veto message of the President; 3. yeas and nays on repassing of bill vetoed by the President; and 4- yeas and nays on any question at the request of 1/5 of members present. Enrolled Bill conclusive upon courts as regard the tenor of the measure passed by Congress and approved by the President (Mabanag v. Lopez Vito, 78 Phil. 1; Casco [Phil.] Chemical Co. v. Gimenez, 7 SCRA 347). Journal Entry vs. Enrolled Bill enrolled bill prevails, except to matters which, under the Constitution, must be entered into the journal (Astorga v. Villegas, 56 SCRA 714). Congressional Electoral Tribunals (Sec. 17, Art. VI) Composition: 3 Supreme Court Justices designated by the Chief Justice; 6 members of the Chamber concerned chosen on the basis of proportional representation from political parties registered under the party-list system. * Senior Justice shall act as chairman. * Member chosen by Chamber concerned enjoys secu rity of tenure and cannot be removed by mere change of party affiliation. Powers: sole judge of all contest relating to the election, returns and qualification of their respective members. Commission on Appointments (Sec. 18, Art. VI) Composition: Senate President as ex officio chairman. 12 senators } elected by each house on the basis of proportional representation 12 members of the House } from the political parties registered under the party-list system represented therein. Chairman shall not vote except in case of a tie. Powers: shall act on all appointments submitted to it within 30 session days of Congress from their submission; and has the power to promulgate its own rules of proceedings. The Commission on Appointments is independent of the two houses of Congress; its employees are not, technically, employees of Congress. It has the power to promulgate its own rules of proceedings. Classification of Powers: 1. Legislative includes specific power of appropriation, taxation and expropriation. 2. Non-legislative includes power to: a. canvass presidential elections; b. declare existence of state of war; c. give concurrence to treaties and amnesties; d. power to call a special election for president and vice- president; e. propose constitutional amendments; f. impeach; and g. revoke or extend proclamation of suspension of writ of habeas corpus or declaration of martial law (to revoke =legislative veto).

Limitations on the Powers of Congress: 1. Substantive a. express: (i) bill of rights (Art. Ill); (ii) on appropriations (Secs. 25 and 29 [1] and [2], Art. VI); (iii) on taxation (Secs. 28 and 29 [3], Art. VI; Sec. 4 [3], Art. XIV); (iv) on constitutional appellate jurisdiction of Supreme Court (Sec. 30, Art. VI); (v) no law granting title of royalty or nobility shall be passed (Sec. 31, Art. VI); (vii) no specific funds shall be appropriated or paid for use or benefit of any religion, sect, etc., except for priests, etc., assigned to AFP, penal institution, etc. b. implied: (i) prohibition against irrepealable laws; and (ii) non-delegation of powers. 2Procedural a only one subject, to be stated in the title of the bill < Set 26 111, Art. VI): and b. 3 readings on separate days; printed copies of the bill in its final form distributed to members 3 days before its passage, except if President certifies to its immediate enactment to meet a public calamity or emergency; upon its last reading, no amendment allowed and the vote thereon taken immediately and the yeas and nays entered into the Journal (Sec. 26 [2], Art. VI). c. appropriation, revenue and tariff bills (RAT bills) should exclusively originate from the House (Sec. 24, Art. VI).

Legislative Process Requirements: Bill 1. only one subject must be stated in the title thereof; 2. appropriations, revenue, or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively from the House. Approval of Bills: 1. Bill is approved by both Chambers; 2. President approves and signs it; and 3. if President vetoes, return bill with presidential objections to the house of origin. Veto may be overridden upon vote of 2/3 of all members of the House of origin and other House; 4. Presidential inaction for 30 days from receipt of the bill: bill becomes a law as if the same had been signed by him. General Rule: if the President disapproves a bill enacted by Congress, he should veto the entire bill. He is not allowed to separate items of a bill. Exception: Item-veto in the case of appropriation, revenue, and tariff bills (Sec. 27 [2], Art. VI). Doctrine of Inappropriate Provisions a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue "item." (Gonzales v. Macaraig, Jr., 191 SCRA 452) executive Impoundment refusal of the President to spend funds already allocated by Congress for a specific purpose (See Philconsa v. Enriquez, 54 SCAD 561, 235 SCRA 544). Legislative veto a congressional veto is a means whereby the legislature can block or modify administrative action taken under a statute. It is a form of legislative control in the implementation of particular executive action. The form may either be negative, i.e., requiring disapproval of the executive action, or affirmative, i.e., requiring approval of the executive action. Bills that Must Originate from the House of Representatives: 1. Appropriation bill;

2. 3. 4. 5.

Revenue and Tariff bills (so-called RAT Bills); Bills authorizing increase in public debts; Bill of local application; and Private bills.

Appropriating Power Appropriations law A statute the primary and specific purpose of which is to authorize release of public funds from treasury. Classification: 1. General Appropriation law passed annually, intended to provide for the financial operations of the entire government during one fiscal period. 2. Special Appropriation law designed for a specific purpose. Implied Limitations on Appropriation Power: 1. must specify public purpose; 2. sum authorized for release must be determinate, or at least determinable. Constitutional Limitations on Special Appropriation Measures: 1. must specify public purpose for which the sum was intended; 2. must be supported by funds actually available as certified by the National treasurer or to be raised by corresponding revenue proposal included therein (Sec. 25 [4] Art. VI). Constitutional Rules on General Appropriations Laws (Sec. 25, Art. VI) 1. Congress may not increase appropriations recommended by the President for operation of the government; 2. Form, content and manner of preparation of budget shall be provided by law; 3. No provision or enactment shall be embraced unless it relates specifically to some particular appropriations therein; 4. Procedure for approving appropriations for Congress shall be the same as that of other departments to prevent sub rosa appropriations by Congress; 5. Prohibition against transfer of appropriations (doctrine of augmentation), however: a. President; b. Senate President; c. Speaker of the House of Representatives; d. Chief Justice; and e. Heads of the Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. 6. Prohibitions against appropriations for sectarian benefit; and 7. Automatic re-appropriation. power of Taxation: Limitations: 1. Rule of taxation shall be uniform and equitable and Congress shall evolve a progressive system of taxation. 2. Charitable institutions, etc., and all lands, buildings and improvements actually, directly and exclusively used for religious, charitable or educational purposes shall be exempt from taxation. 3. All revenues and assets of non-stock, non-profit educational institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties.

4. Law granting tax exemption shall be passed only with the concurrence of a majority of all the member of Congress. Power of Legislative Investigation (Sec. 21, Art. VI) Limitations: 1. must be in aid of legislation; 2. in accordance with duly published rules of procedure; and 3. right of person appearing in, or affected by such inquiry shall be respected. Question Hour the heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either house, as the rules of each house shall provide, appear before and be heard by such house on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least 3 days before their scheduled appearance. Interpolations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires, the appearance shall be conducted in executive session. Article VII Executive Department President Qualifications (Sec. 2, Art. VII) 1. natural-born citizen; 2. registered voter; 3. able to read and write; 4. at least 40 years of age on the day of the election; and 5. resident of the Philippines for at least 10 years immediately preceding the election. Election: elected at large by direct vote (Sec. 4, Art. VII). Canvassing Board: Congress In case of Tie: Congress by majority vote shall select. Electoral Tribunal: Supreme Court Term of Office: 6 years, no re-election and person having succeeded as president and has served as such for more than 4 years not qualified for the same office at any time. Manner of Removal: impeachment only (Secs. 2 and 3, Art. XI) Salary: determined by law and cannot be increased during his term. Prohibitions and Inhibitions (Secs. 6 and 13, Art. VII) 1. shall not receive other emolument from government or any other source; 2. shall not hold any other office or employment unless otherwise provided by the Constitution; 3. shall not practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by government or any subdivision, agency or instrumentality thereof, including GOCC's or their subsidiaries; 4. avoid conflict of interest in conduct of office; and 5. avoid nepotism. Vice President Qualifications, election, term of office, and removal: same as President (Sec. 3, Art. VII). No VP shall serve for more than two consecutive terms. VP may be appointed as member of the Cabinet; need not be confirmed. Vacancy President shall nominate a VP from among members of the Senate and House of Representatives who shall assume office upon confirmation by a majority vote of all members of both Houses of Congress voting separately (Sec. 9, Art. VII). Note the Rules on Succession

President overrides Cabinet initiative by transmitting to the same officials that no inability exists; he shall reassume powers and duties of the Office of the President. Majority of members of Cabinet transmit within 5 days to the Senate President and Speaker their written declaration that the President is unable to discharge the powers and duties of the President, Congress shall decide the issue Congress will convene, if in session within 48 hrs. and if within 10 days from receipt of last written declaration, or if not in session, within 12 days after it is required to assemble, Congress determines by 2/3 votes of both Houses, voting separately, that President is unable to discharge the powers and duties of his office, the Vice-president shall act as President; otherwise, the President shall continue to exercise the powers and duties of his office. Presidential Power [1] Executive power power to enforce and administer laws. President's power of general supervision over local governments could be exercised by him only as may be provided by law. President shall ensure that laws are faithfully executed. Until and unless a law is declared unconstitutional, President has a duty to execute it regardless of his doubts as to its validity. (Secs. 1 and 17, Art. VII). Power of Appointment Appointment is the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. Designation the imposition of additional duties, usually by law, on a person already in the public service. Commission the written evidence of the appointment. Classifications: permanent or temporary: 1. permanent - those extended to persons possessing the requisite eligibility and are thus protected by the constitutional guaranty of security of tenure; temporary - those given to persons without such eligibility, revocable at will and without the necessity of just cause or a valid investigation, made on the understanding that the appointing power has not yet decided on a permanent appointee and that the temporary appointee may be replaced at any time a permanent choice is made. regular or ad interim: regular - one made by the President while Congress is in session, takes effect only after confirmation by the Commission on Appointments, and once approved, continues until the end of the term of the appointee; ad interim one made by the President while Congress is not in session, takes effect immediately but ceases to be valid if disapproved by the Commission on Appointments or upon the next adjournment of Congress Ad interim appointment is deemed "by-passed" through inaction and deemed disapproved by the Commission on Appointments.

[2]

2.

Officials Subject to the Appointment by the President (Sec 16, Art. VII) 1. heads of executive departments; 2. ambassadors and other public ministers and consuls; 3. officers of the AFP from the rank of colonel or naval captain; 4. other ministers whose appointments are vested in him by the Constitution; numbers 1 to 4: subject to confirmation by Commission on Appointments. 5. all other officers of the government whose appointments are not provided for by law; and 6. those whom he may be authorized by law to appoint. Appointing Procedure:

1. 2. 3. 4.

nomination by the President; confirmation by the Commission on Appointments; issuance of commission; and acceptance by appointee. deemed complete upon acceptance.

Limitations on Appointing Power: 1. Appointments made by an acting-President shall remain effective unless revoked within 90 days from assumption of office by elected President (Sec. 14, Art. VII); and 2. President or acting-President shall not make appointments except temporary ones to executive positions 2 months immediately before next Presidential elections and up to the end of his term. Only when continued vacancy will prejudice public service or endanger public safely (Sec. 15, Art. VII). [3] Power of Removal General rule: this power is implied from the power to appoint. Exception: those appointed by him where the Constitution prescribes certain methods for separation from public service. Power of Control Control power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. Supervision overseeing or the power or authority of an officer to see that subordinate officers perform their duties and if the latter fail or neglect to fulfill them, then the former may take such action or steps as prescribed by law to make them perform their duties. Doctrine of Qualified Political Agency or Alter Ego Principle acts of the Secretaries of Executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief Executive (City of lligan v. City of Lands, 158 SCRA 158). [5] Military Powers (Sec. 18, Art. VIII) a. Commander-in-Chief clause to call out the Armed Forces to prevent or suppress lawless violence, invasion or rebellion. organize courts martial and create military commissions. b. Suspension of the Writ of Habeas Corpus and Declaration of Martial Law grounds: invasion or rebellion. duration: not more than 60 days, following which it shall be lifted, unless extended by Congress. duty of the President to report to Congress: within 48 hours personally or in writing. authority of Congress to revoke or extend the effectivity of proclamation: by majority vote of all of its members voting jointly. authority of the Supreme Court to inquire into the sufficiency of the factual basis for such action. proclamation does not affect the right to bail. suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. person arrested must be charged within 3 days; if not must be released. proclamation does not supersede civilian authority. [6] Pardoning Power (Sec. 19, Art. VII)

[4]

Pardon act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. Pardon Classified: 1. Plenary or partial; and 2. absolute or conditional. Commutation reduction or mitigation of the penalty. Reprieve postponement of sentence or stay of execution. Parole release from imprisonment, but without full restoration of liberty, as parolee is in the custody of the law although not in confinement. Amnesty act of grace, concurred in by the Legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself. Exercise by the President discretionary, may not be controlled by the legislature or reversed by the court, unless there is a constitutional violation. Limitations: 1. cannot be granted in cases of impeachment; 2. cannot be granted in violations of election laws without favorable recommendations of the COMELEC; 3. can be granted only after conviction by final judgment (except amnesty); 4. cannot be granted in cases of legislative contempt or civil contempt; 5. cannot absolve convict of civil liability; and 6. cannot restore public offices forfeited. distinctions Amnesty 1. Political offenses 2. Classes of persons 3. Requires concurrence of congress 4. Public act to which court may take judicial notice of 5. Looks backward and puts to oblivion the offense itself Pardon 1. Infractions of peace 2. Individuals 3. Does not require the concurrence of congress 4. Private act which must be pleaded and proved 5. Looks forward and relieves the pardonee of the consequence of the offense [7] Borrowing power (Sec. 20, Art. VII) The President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law. Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter. [81 Diplomatic power (Sec. 21, Art. VII) No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate Distinctions Treaties

1. International agreements which involve political issues or changes of national policy and those involving international arrangement of a permanent character. 2. Formal documents require ratification. Executive Agreements 1. International agreements involving adjustment of details carrying out wellestablished national policies and traditions and involving arrangements of a more or less temporary nature. 2. Become binding through executive action. [9] Budgetary power (Sec. 22, Art. VII) within 30 days from opening of every regular session, President shall submit to Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. [10] Informing power (Sec. 23, Art. VII) President shall address Congress at the opening of its regular session. President may also appear before it at any other time. [11] Residual power whatever is not judicial; whatever is not legislative; is residual power exercised by the President (Marcos v. Manglapus, 1989) [12] Other powers 1. call Congress to a special session (Sec. 15, Art. VI); 2. power to approve or veto bills (Sec. 27, Art. VI); 3. power to deport aliens (Sec. 2 [2], Art. IX-C); 4. consent to deputization of government personnel by COMELEC (Sec. 2 [81, Art. IXC); 5. to discipline such deputies (Sec. 2 [8], Art. IX-C); 6. by delegation from Congress, exercise emergency (Sec. 23 [2], Art. VI) and tariff powers (Sec. 28 [2], Art. VI); and 7. general supervision over local government units and autonomous regional governments (Art. X). Conditions for the Exercise of the President of Emergency 1. emergency powers of the President can be exercised only in times of war or national emergency; 2. there must be a law authorizing the President to exercise emergency powers; 3. exercise must be for a limited period; 4. must be subject to restrictions which Congress may provide; and 5. exercise must be necessary and proper to carry out a declared national policy. Article VIII Judicial Department Judicial Power duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and 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 Government (Sec. 1, par. 2, Art. VIII). Judicial power is vested in: 1. One Supreme Court; and 2. such lower courts as may be established by law (Sec. 1, Art. VIII). Jurisdiction power to hear and decide a case and execute decision thereof. Safeguards that guarantee Independence of Judiciary: 1. SC is a Constitutional body; may not be abolished by law; 2. members are only removable by impeachment;

3. SC may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction may not be increased without its advice or concurrence; 4. SC has administrative supervision over all inferior courts and personnel; 5. SC has exclusive power to discipline judges/justices of inferior courts; 6. members of judiciary enjoy security of tenure; 7. members of judiciary may not be designated to any agency performing quasi-judicial or administrative functions; 8. salaries of judges may not be reduced; judiciary enjoys fiscal autonomy; 9. SC alone may initiate Rules of Court; 10. SC alone may order temporary detail of judges; and 11. SC can appoint all officials and employees of the Judiciary (Nachura, p. 154). Appointment to the Judiciary Qualifications of proven competence, integrity, probity and independence. Chief Justice and Associate Justices of the Supreme Court: 1. Natural-born citizen; 2. at least 45 years old; 3. 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines. Presiding Justice and Associate Justices of the Court of Appeals: Same qualifications as those provided for Justice of the Supreme Court: Regional Trial Court Judges: 1. Natural-born citizen; 2. at least 35 years old; and 3. has been engaged for at least 10 years in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite. Metropolitan. Municipal and Municipal Circuit Trial Court Judges: 1. Natural-born citizen; 2. at least 30 years old; and 3. has been engaged for at least 5 years in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite. Procedure in Appointment: 1. Appointed by President from among a list of at least 3 nominees prepared by the Judicial and Bar Council for every vacancy. 2. For lower courts, President shall issue the appointment 90 days from submission of the list. Judicial and Bar Council Composition: Chief Justice as ex officio chairman; Secretary of Justice; ex officio members Representative of Congress; } Representative of the IBP; } Professor of Law; ) regular members Retired member of SC; and I Representative of Private Sector. ) Clerk of the Supreme Court as Secretary de officio. Appointment regular members shall be appointed by the President for a 4-year term with consent of Commission on Appointments. Powers and Functions recommend appointees to the Judiciary; may exercise such other functions as may be assigned by the SC (Sec. 8, Art. VIII).

Supreme Court Composition: Chief Justice and 14 Associate Justices. may sit en banc or in its discretion, in divisions of 3, 5 or 7 members. any vacancy shall be filled within 90 days from occurrence thereof. Powers (Sec. 5, Art. VIII): 1. Original jurisdiction over cases affecting ambassadors, other public ministers and consuls; over petitions for Certiorari, Prohibition, Mandamus (CPM), Quo warranto and Habeas corpus; and review factual basis for the declaration of martial law or suspension of the writ of habeas corpus. 2 Appellate jurisdiction over final judgments and orders of lower courts in 5 sets of cases enumerated in Sec. 5 (2-d), Art. VIII; covers only final orders or judgments of lower courts. 3. Temporary assignment of judges of lower courts to other stations as public interest may require. Not to exceed 6 months without the consent of the judge concerned. 4. Order change of venue or place of trial, to avoid miscarriage of justice. 5. Rule-making: promulgate rules concerning protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, admission to the practice of law, Integrated Bar, and legal assistance to the underprivileged. Limitations: a. provide a simplified and inexpensive procedure for speedy disposition of cases; b. uniform for all courts in the same grade; and c. shall not diminish, increase or modify substantive rights. Writ of amparo writ which may be issued by the courts based on this constitutional power of the Supreme Court to promulgate rules for the protection and enforcement of constitutional rights. 6. Power of appointment SC appoints all officials and employees of the Judiciary in accordance with Civil Service Law. 7. Power of administrative supervision SC shall have administrative supervision over all courts and the personnel thereof. 8. Yearly report within 30 days from the opening of each regular session of Congress, SC shall submit to the President and Congress an annual report on the operation and activities of the Judiciary. Power of Judicial Review power of courts to test validity of executive and legislative acts if same are in accordance with the Constitution. An expression of supremacy of Constitution (See Angara v. Electoral Commission. 63 Phil. 139). Judicial Power includes: a. duty of courts to settle actual controversies involving rights which are legally demandable and enforceable; and b. to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on part of any branch or instrumentality of government (Sec. 1. Art. VIII).

Grave Abuse of Discretion Amounting to Lack of Jurisdiction capricious and whimsical exercise of judgment. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility {Kapatiran ng Mga Naglilingkod Sa Pamahalaan ng Pilipinas v. Tan, June 1988). Justiciable question a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted by law for said breach of right. Political question those questions which, under the Constitution, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislature or executive branches of government. Requisites of Judicial Review: 1. actual case or controversy a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial adjudication. Case must not be moot and academic, unless there is a need for the court to exercise its symbolic functions; 2. constitutionality of statute must be raised by the proper party one who has sustained or is in imminent danger of sustaining an injury as a result of the act complained of; 3. constitutional question must be raised at the earliest opportunity generally, raised in the pleadings, however. in criminal cases, the question can be raised at any time at the discretion of the court, in civil cases, the question can be raised at any stage if necessary for the determination of the case itself and in every case, except where there is estoppel, it can be raised at any stage if it involves the jurisdiction of the court; and 4. determination of constitutionality of the statute must be necessary to a final determination of the case because of the doctrine of separation of powers which demands that proper respect be accorded the other departments, courts are loathe to decide constitutional questions as long as there is some other basis that can be used for a decision. Effects of Declaration of Unconstitutionality: 1. Orthodox view - an unconstitutional act is not a law, it confers no rights, it imposes no duties, it affords no protection, it creates no office, it is inoperative, as if it had not been passed at all. 2. Modern view - courts simply refuse to recognize the law and determine the rights of the parties as if the statute had no existence. Partial Unconstitutionality: 1. Legislature willing to retain valid portion (Separability Clause); and 2. The valid portion can stand independently as law. Tenure of Justices and Judges: Supreme Court hold office until they reach 70 years of age or become incapacitated to discharge their duties. may be removed only through impeachment. Lower Courts hold office during good behavior until they reach 70 years of age or become incapacitated to discharge their duties (Sec. 11, Art. VIII). by majority vote of members who actually took part in the deliberation on the and voted thereon. SC en banc shall have the power to discipline judges of lower courts or order their dismissal.

 no law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its members (Sec. 2, Art. VIII). Period for Decision (Sec. 15, Art. VIII) all cases filed after the effectivity of the Constitution must be decided or resolved, from the date of submission, within: a. SC 24 months b. Lower Collegiate Courts 12 months } unless period c. All other lower courts 3 months ) is reduced by SC a certification to be signed by the Chief Justice or Presiding Justice shall be issued stating the reason for the delay. court, without prejudice to such responsibilities as may have been incurred in consequence thereof shall decide or resolve the case or matter submitted to it without further delay, despite expiration of mandatory period. court does not lose jurisdiction over the case, despite the lapse of the mandatory period. erring judge or justice may be subjected to administrative sanctions for the delay. Sin perjuicio judgment a judgment without a statement of the facts in support of its conclusions, to be later supplemented by the final judgment. Practice disapproved by the Supreme Court. Article IX Constitutional Commissions Independent Constitutional Commissions: l Civil Service Commission 2. Commission on Elections 3. Commission on Audit safeguards that Guarantee the Independence of the Commissions: 1. they are constitutionally created; may not be abolished by statute; 2. each is conferred certain powers and functions which cannot be reduced by statute; 3. each expressly described as "independent;" 4. chairmen and members are given fairly long term of office of 7 years; 5. chairmen and members cannot be removed except by impeachment; 6. chairmen and members may not be reappointed or appointed in an acting capacity; 7. salaries of chairmen and members are relatively high and may not be decreased during continuance in office; 8. commissions enjoy fiscal autonomy; 9. each commission may promulgate its own procedural rules; 10. chairmen and members are subject to certain disqualifications calculated to strengthen their integrity; and 11. commissions may appoint their own officials and employees in accordance with Civil Service Law. Inhibitions and Disqualifications: 1. shall not during tenure, hold any other office or employment; 2- shall not engage in the practice of any profession; 3- shall not engage in the active management or control of any business which in any way may be affected by the functions of his office; and 4. shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the government, any of its subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations or their subsidiaries. Civil Service Commission

Composition: 1 chairman; 2 commissioners Qualifications: 1. natural-born citizen; 2. at least 35 years old at the time of appointment; 3. with proven capacity for public administration; and 4. not a candidate immediately preceding the appointment. Term: 7 years without reappointment. Classes of Service: 1. Career service characterized by entrance based on merit and fitness to be determined by competitive examination or based on highly technical qualifications. opportunity for advancement; security of tenure. a. open career positions prior qualification via examination; b. closed career positions e.g., scientific or highly technical; c. career executive service e.g., Undersecretaries, Bureau Directors; d. career officers appointed by President, e.g., foreign service; e. positions in AFP, governed by separate merit system; f. personnel of GOCC's with original charter; and g. permanent laborers, whether skilled, semi-skilled or unskilled. 2. Non-career service characterized by entrance on bases other than those of usual tests utilized for career service. tenure limited to period. a. elective officials and their personal and confidential staff; b. department heads and officials of cabinet rank; and their personal and confidential staff; c. chairmen and members of commissions and boards with fixed terms of office and their personal and confidential staff; d. contractual personnel or those whose employment in government is in accordance with special contract for specific work; and e. emergency and seasonal personnel. Policy Determining lays down principal or fundamental guidelines or rules. formulates method of action. Primarily Confidential primarily close intimacy which insures freedom of intercourse without embarrassment of freedom from misgivings or betrayals on confidential matters of state; or one declared to be so by President upon recommendation of CSC. Highly Technical requires possession of technical skill or training in supreme or superior degree. Disqualifications Against Appointment: 1. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any government-owned or -controlled corporation or in any of their subsidiaries. 2. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. 3- Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or -controlled corporations or their subsidiaries.

Security of Tenure No officer or employee of the civil service shall be removed or suspended except for cause provided by law. Commission on Election Composition: 1 chairman; 6 commissioners Qualifications: 1. natural-born citizen; 2. at least 35 years old at the time of appointment; 3. college degree holder; 4. not candidate in election immediately preceding the appointment; and 5. majority, including the chairman, must be members of the Philippine Bar who have been engaged in the practice of law for at least 10 years. Term: 7 years without reappointment. Powers and Functions: 1. enforce and administer law and regulations relative to conduct of elections, plebiscite, initiative, referendum or recall; 2. exclusive original jurisdiction over all contests relating to election, returns and qualifications of all elective regional, provincial, and city officials; 3. exclusive appellate jurisdiction over all contests involving elective municipal officials decided by RTC, or involving elective barangay officials by MTC; 4. decide, except those involving right to vote, all questions affecting elections, including the determination of number and location of polling places, appointment of election officials and inspectors and registration of voters; 5. deputize, with concurrence of President, law enforcement agencies and instrumentalities for exclusive purpose of insuring free, orderly, honest, peaceful and credible elections; 6. register, after sufficient publication, political parties, organizations or coalitions which must present their platform or program of government; accredit citizen's arms;: 7. file upon verified complaint or motu proprio petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws; 8. recommend to Congress effective measures to minimize election spending, limitation of places and prevent and penalize all forms of election frauds, offenses, malpractice and nuisance candidates; and 9. submit to the President and Congress, comprehensive reports on conduct of each election, plebiscite, initiative, referendum or recall. Commission on Audit Composition: 1 chairman; 2 commissioners. Qualifications: 1. natural-born citizen; 2. at least 35 years old at the time of appointment;

3. CPA's with at least 10 years auditing experience or members of the Bar with at least 10 years practice of law; at no time shall all members belong to the same profession; and 4. not candidates in election immediately preceding appointment. Term: 7 years without reappointment. Powers and Duties: 1. examine, audit and settle all accounts pertaining to revenue and receipts of, and expenditures or uses of funds and property owned or held in trust or pertaining to government; 2.keep general accounts of government and preserve vouchers and supporting papers; authority to define scope of its audit and examination, establish techniques and methods required therefor; and promulgate accounting and auditing rules and regulations, including those for prevention and disallowance. Article XI Accountability of Public Officers Note the Procedure in Impeachment Officials Removable by Impeachment: 1. President; 2. Vice-President; 3 Members of the Supreme Court; 4. Chairmen and Members of the Constitutional Commissions; 5. Ombudsman; and 6. Presiding and Associate Justices of the Sandiganbayan (P.D. No. 1606). Grounds for Impeachment: 1. Culpable violation of the Constitution; 2. Treason; 3. Bribery; 4. Graft and Corruption; 5. Other high crimes; and 6. Betrayal of public trust. Effect of Conviction removal from office and disqualification to hold any office under the Republic of the Philippines. But the party convicted shall continue to function and exercise its jurisdiction as now or thereafter may be provided by law. The Sandiganbayan the anti-graft court shall continue to function and exercise its jurisdiction as now and hereafter may be provided by law. Composition: 1 Presiding Justice and 14 Associate Justices with the rank of Justice of the CA Sits in 5 divisions of 3 members each. Decision and Review: unanimous vote of all 3 members shall be required for the pronouncement of judgment by a division. Decision shall be reviewable by the SC on petition for certiorari. Jurisdiction of the Sandiganbavan: 1. Original Jurisdiction a) violations of 'R.A. No. 3019 (AGCPA); R.A. No. 1379; and Chapter II. Sec. 2, Title VII of the Revised Penal Code. where one or more of the principal accused are officials

occupying the following positions in the government whether in a permanent, acting or interim capacity at the time of the commission of the offense: (i) Officials of the Executive branch with the position of Regional Director or higher, or with Salary Grade Level 27 (G27) according to R.A. No. 6758, specifically including: (ia) Provincial Governors, Vice-governors; Board members, provincial treasurers, assessors, engineers and other provincial department heads; (ib) City Mayors, Vice-mayors, city councilors; city treasurers, assessors, engineers and other city department heads; (ic) Officials of the Diplomatic Service from consuls or higher; (id) PA/PAF colonels; PN naval captains and all officers of higher rank; (ie) PNP chief superintendents and PNP officers of higher rank; (if) City/Provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and Special Prosecutor; and (ig) Presidents, directors, trustees, or managers of GOCC's, state universities or educational institutions or foundations; (ii) Members of Congress and officials thereof with G27 and up; (iii) Members of the Judiciary without prejudice to the Constitution; (iv) Chairmen and members of the Constitutional Commissions without prejudice to the Constitution; and (v) All other national and local officials with G27 of higher; b) Other offenses committed by the foregoing in relation to their office; c) Civil and criminal cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14 and 14-A. If none of the principal accused are occupying the foregoing positions, exclusive jurisdiction shall be vested in the proper RTC/MeTC/MTC/MCTC, as the case may be pursuant to their respective jurisdiction under B.P. Blg. 129, as amended. 2. Exclusive Original Jurisdiction over petitions for the issuance of the writs of mandamus, prohibitions, certiorari, habeas corpus, injunction and other ancillary writs and processes in aid of its appellate jurisdiction: Provided, That jurisdiction over these petitions shall not be exclusive of the Supreme Court; and 3. Exclusive Appellate Jurisdiction on appeals from final judgments, resolutions or orders of regular courts where all accused are not occupying positions with G27 or are otherwise not included in the foregoing enumeration. The Ombudsman protectors and champion of the people. Composition: An Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas and Mindanao. A separate Deputy for the military establishment may likewise be appointed. Qualifications of the Ombudsman and his deputies: 1. natural horn citizen; 2. at least 40 yrs. old; 3. of recognized probity and independence;

4- member of the Philippine Bar; and 5. must not have been candidates for any elective office in the immediately preceding election. Term of Office 7 years withoul reappointment. Disqualifications and Inhibitions: during their tenure, 1. shall not hold any other office or employment; 2. shall not engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office; 3. shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the government, or any of its subdivisions, etc.; and 4. shall not be qualified to run for any office in the election immediately succeeding their cessation from office. Powers and Functions: 1. shall act promptly on complaints filed in any form or manner against public officials and employees of the government, or any subdivision, agency or instrumentality thereof, including GOCC's, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof; 2. investigate on its own, or on any complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient; 3. direct, upon complaint or on its own instance, any public official or employee of the government, etc., as well as any GOCC with original charter, to perform or expedite any act or duty required by law, or to stop, prevent and correct any abuse or impropriety in the performance of duties; 4. direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; 5. direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contract or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action; 6. request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents; 7. publicize matters covered by its investigation when circumstances so warrant and with due prudence; 8. determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency; 9. promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. Special Prosecutor the existing tanodbayan (at the time of the adoption of the 1987 Constitution) shall hereafter be known as the Office of the Special Prosecutor. It shall continue

to function and exercise its powers as now or hereafter provided by law, except those conferred on the Office of the Ombudsman created under the Constitution. Ill-gotten Wealth the right of the State to recover properties unlawfully acquired by public officials or employee, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel. Article XII National Economy and Patrimony Goals of the National Economy (Sec. 1, Art. XII) 1. more equitable distribution of wealth; 2 increased wealth for the benefit of the people; and 3. increased productivity Regalian Doctrine (Jura Regalia) universal feudal theory that all lands were held from the Crown. all lands of the public domain, waters, minerals, coal petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and natural resources belong to the state. With the exception of agricultural lands, all other natural resources shall not be alienated (Sec. 2, Art. XII). Classification of Lands of the Public Domain (Sec. 3, Art. XII) 1. agricultural; 2. forest timber; 3. mineral lands; and 4. national parks. Requirement of Reclassification or Conversion: positive act of government; mere issuance of title not enough. Filipinized Activities Regarding the National Economy and Patrimony: 1. co-production, joint venture or production sharing agreement for exploration, development and utilizations of natural resources: Filipino citizens or entities (read: corporations or associations) with 60% Filipino capitalization; 2. use and enjoyment of nation's marine wealth within territory: Exclusively for Filipino citizens; 3. Alienable lands of the public domain: Only Filipino citizens may acquire not more than 12 hectares by purchase, homestead or grant, or lease not more than 500 hectares. Private corporations may lease not more than 1,000 hectares for 25 yrs., renewable for another 25 years; 4. certain areas of investment: reserved for Filipino citizens or entities with 60% FC although Congress may provide for higher percentage; and of rights, privileges and concessions covering national 5. economy and patrimony, State shall give preference to qualified Filipinos; Franchise, certificate or any other form of authorization for 6. the operation of a public utility: only to Filipino citizens or entities with 60% FC; such franchise, etc., shall not be exclusive, nor for period longer than 50 years and subject to amendment, alteration or repeal by Congress; all executive and managing officers must be Filipino citizens. Private Lands General rule: no private land shall be transferred or conveyed except to individual, corporations or associations qualified to acquire or hold lands of the public domain.

Exceptions: 1. hereditary succession; 2. natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands subject to limitations provided by law. Stewardship Doctrine Private property is supposed to be held by the individual only as a trustee for the people in general, who are its real owners. Article XIII Social Justice and Human Rights SociaL Justice as Envisioned By the Constitution equitable diffusion of wealth and political power for common good; regulation of acquisition, ownership, use and disposition of property and its increments; and creation of economic opportunities based on freedom of initiative and self-reliance (Secs. 1 and 2, Art. XIII). Distributive Justice the attainment of a more equitable distribution of land which recognizes the right of farmers and regular farmworkers who are landless to own the land they and a just share of other or seasonal farmworkers in the fruits of the land. Rights of Labor Guaranteed by the Constitution (Sec. 3, Art. XIII) 1. full protection to labor; 2. promotion of full employment and equality of employment opportunity to all; 3. guarantee of right of workers to self-organization; 4. collective bargaining and negotiations; 5. peaceful concerted activities including the right to strike in accordance with law; 6. right to security of tenure; 7. right to human conditions of work; 8. right to participate in policy and decision-making affecting their rights and benefits. Article XIV Education. Science, and Technology. Arts. Culture and Sports Education Principal Characteristics of Education which State must Promote and Protect: 1. quality education; 2. affordable education; and 3. education that is relevant to the needs of the people. Nationalized Educational Activities: 1. ownership, except those established by religious groups and mission boards; 2. control and administration; and 3. student population. Aspects of Academic Freedom: 1 . to the institution to provide that atmosphere which is most conducive to speculation, experimentation and creation: Four Essential Freedoms of a University: determine a) who may teach; b) what may be taught; c) how shall it be taught; and d) who may be admitted to study. 2. to the faculty a) freedom in research and in the publication of the results, subject to the adequate performance of his other academic duties;

b) freedom in the classroom in discussing his subject, less controversial matters which bear no relation to the subject; and c) freedom from institutional censorship or discipline, limited by his special position in the community. 3. to the student right to enjoy in school the guarantees of the Bill of Rights. Minimum Procedural Standards Accorded to Students: a. must be informed in writing of the nature and cause of the accusation against him; b. right to answer charges against him, with the assistance of counsel, if desired; c informed of the evidence against them; d. right to adduce evidence in his behalf; and e. evidence must be duly considered by the investigating committee or official designated by the school to hear and decide the case. Language The national language of the Philippines is Filipino. For Purposes of communication and instruction, the official languages are Filipino and, until otherwise provided by law, English. The regional languages are the auxiliary official languages in the regions and shall serve as ancillary media or instruction therein. Spanish and Arabic shall be promoted on a voluntary and optional basis. The Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic and Spanish. Article XVI General Provisions State Immunity from Suit State may not be sued without its consent (Sec. 3, Art. XVI). Basis: Doctrine of Non-Suability there can be no legal right against the authority which makes the law on which the right depends (Republic v. Villasor, 54 SCRA 83). Immunity enjoyed by other states, consonant with the principle of par in parem non habet imperium. The State's diplomatic agents are also exempt from the jurisdiction of the local courts. The United Nations, as well as its organs and specialized agencies, are likewise beyond the jurisdiction of local courts. Other international organizations or international agencies may also be immune from the jurisdiction of local courts and local administrative tribunals. Test to determine if suit is against State: If the enforcement of the decision rendered against the public officer or agency impleaded will require an affirmative act from State, then, it is a suit against the State (Nachura, Reviewer in Political Law, p. 20). May be invoked as long as suit affects property, rights, or interest of State and not merely those of officers nominally made defendants (Tan v. Dir. of Forestry, 125 SCRA 302). Jus Gestonis by right of economic or business relations. Jus Imperii by right of sovereign power, in the exercise of sovereign functions (United States of America v. Ruiz. 136 SCRA 487). Forms of Consent:

1. Express consent a. general law CA 332 as amended: money claims first filed with COA before suit may be filed in court; CC, Art. 2180: tort committed by agent; Sec. 22 (2) of the Local Government Code, LGU's have power to sue and be sued; Sec. 24 of LGC, LGU's and their officials are not exempt from liability for death or injury or damage to property. b. special law (See Merritt v. Government of the Philippine Islands, 34 Phil. 311). 2. Implied consent a. when State commences litigation becomes vulnerable to counter claim (See Froilan v. Pan Oriental Shipping, Sept. 30, 1950); and b. State enters into a business contract (U.S. v. Ruiz, supra). * Scope of Consent does not include consent to the execution of judgment against the State. Such execution will require another waiver, because the power of the court ends when the judgment is rendered, since government funds and properties may not be ceased under writs of execution or garnishment, unless such disbursement is covered by the corresponding appropriation required by law. Rules Regarding Government Agencies: 1. Incorporated right to sue and be sued: suable without State consent (PNB v. CIR, 81 SCRA 314); 2- Unincorporated a. performs governmental functions: not suable without State consent even if performing proprietary function incidentally (Bureau of Printing v. Bureau of Printing Employees Association, 1 SCRA 340). b. performs proprietary functions: suable (Civil Aeronautics Administration v. CA, 167 SCRA 28). Rule Regarding Garnishment or Levy of Government Funds. Government Depository: General rule: government funds deposited with PNB or authorized depositories cannot be subject to garnishment. Exception: where law or ordinance has already been enacted appropriating a specific amount to pay a valid governmental obligation, then garnishment would be proper. Rule Regarding Payment of Interests by Government in Money; Judgments Against It: General rule: Government cannot be made to pay interests; Exception: in cases of eminent domain, erroneous collection of taxes or where government agrees to pay interest pursuant to law, interests may lie against government. Article XVII Procedure in Amending the Constitution Proposals may be made by: a. b. c. Congress by 3/4 vote of all members constituting itself as a constituent assembly. Constitutional Convention called by 2/3 of all members of Congress or by majority vote of people in a plebiscite called People through initiative by petition of at least 12% of the total number of registered voters with each legislative. district represented by at least 3% of registered voters.

Proposed amendment shall be submitted to people for possible ratification in a plebiscite held not earlier than 60 days nor later than 90 days after approval of the proposal by Congress or ConCon or after certification by COMELEC of sufficiency of petition of the people.

Doctrine of Proper Submission plebiscite may be held on the same day as regular election. Amendment isolated or piece-meal change in the Constitution. Revision the revamp or the rewriting of the entire instrument. ADMINISTRATIVE LAW branch of public law which fixes organization and determines competence of administrative authorities and indicates to individual remedies for violations of his rights. Administrative Bodies or Agencies organ of government other than court and other than legislature, which affects rights of private parties either through adjudication or rule-making. How Created: 1. By constitutional provision; 2. By legislative enactment; and 3. By authority of law. Powers of Administrative Bodies: 1- Quasi-legislative or rule-making power; 2- Quasi-judicial or adjudicatory power; and 3- Determinative powers. Quasi-Legislative or Rule-Making Power: in exercise of delegated legislative power, involving no discretion as to what law shall be, but merely authority to fix details in execution or enforcement of a policy set out in law itself Kinds: 1. Supplementary or detailed legislation rules and regulations "to fix the details" in the execution and enforcement of a policy set out in the law, e.g.. Rules and Regulations Implementing the Labor Code; 2. Interpretative legislation rules and regulations construing or interpreting the provisions of a statute to be enforced and they are binding on all concerned until they are changed, e.g., BIR Circulars; and 3. Contingent legislation rules and regulations made by an administrative authority on the existence of certain facts or things upon which the enforcement of the law depends. Requisites: 1. Issued under authority of law; 2. Within the scope and purview of the law; 3. Reasonable; and 4. Publication. Requisites for Validity of Administrative Rules With Penal Sanctions: 1. Law itself must declare as punishable the violation of administrative rule or regulation; 2. Law should define or fix penalty therefor; and 3. Rule/regulation must be published. Doctrine of Subordinate Legislation power of administrative agency to promulgate rules and regulations on matters of their own specialization.

Doctrine of Legislative Approval By Re-enactment - the rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the Legislature when said law was re enacted by later legislation or through codification. The Legislature is presumed to have full knowledge of the contents of the regulations then at the time of re-enactment. Distinctions Quasi-Legislative Functions 1. Consists of issuance of rules and regulations. 2. General applicability. 3. Prospective; it envisages the promulgation of a rule or regulation generally applicable in the future. Quasi-Judicial Functions 1. Refers to its end product called order, reward or decision. 2. Applies to specific situation. 3. Present determination of rights, privileges or duties as of previous or present time or occurrence. Quasi-Judicial or Adjudicatory Power Proceedings partake of nature of judicial proceedings. Administrative body granted authority to promulgate its own rules of procedure. Administrative Due Process: 1. right to a hearing; 2. tribunal must consider evidence presented; 3. decision must have something to support itself; 4. evidence must be substantial; 5. decision must be based on evidence adduced at hearing or at least contained in the record and disclosed to parties:: 6. board of judges must act on its independent consideration of facts and law of the case, and not simply accept views of subordinate in arriving a decision; and 7. decision must be rendered in such a manner that parties to controversy can know various issues involved and reason for decision rendered Substantial Evidence relevant evidence as a reason able mind might accept as adequate to support a conclusion. Administrative Determinations Where Notice and Hearing Not Necessary: 1. summary proceedings of distraint and levy upon property of delinquent taxpayer; 2. grant of provisional authority for increase rates, or to engage in a particular line of business; 3. cancellation of passport where no abuse of discretion is committed; 4. summary abatement of nuisance per se which affects safety of persons or property; 5. preventive suspension of officer or employee pending investigation; and 6. grant or revocation of licenses for permits to operate certain businesses affecting public order or morals. Administrative Appeal or Review: 1. where provided by law, appeal from administrative determination may be made to higher or superior administrative officer or body. 2. by virtue of power of control of President, President himself or through the Department Head may affirm, modify, alter, or reverse administrative decision of subordinate. 3. appellate administrative agency may conduct additional hearing in appealed case, if deemed necessary.

Effect of Expiration of Law not to deprive an administrative agency of jurisdiction to enforce the statute as to liabilities incurred while the statute was in force, where a general saving statute continues such liabilities. Determinative Powers 1. enabling permit or allow something which law undertakes to regulate; 2. directing illustrated by power of assessment of BIR; 3. dispensing to exempt from general prohibition, or relieve an individual corporation from an affirmative duty; 4. examining also called investigatory power; and 5. summary power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions. Exhaustion of Administrative Remedies whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted. Doctrine of Prior Resort a.k.a. Doctrine of Primary Administrative Jurisdiction where there is competence or jurisdiction vested upon administrative body to act upon a matter, no resort to courts may be made before such administrative body shall have acted upon the matter. Doctrine of Finality of Administrative Action no resort to courts will be allowed unless administrative action has been completed and there is nothing left to be done in administrative structure. Judicial Relief From Threatened Administrative Action courts will not render a decree in advance of administrative action and thereby render such action nugatory. It is not for the court to stop an administrative officer from performing his statutory duty for fear he will perform it wrongly. Effect of Failure to Exhaust Administrative Remedies: * jurisdiction of court not affected but complaint is vulnerable to dismissal. Exceptions to the Doctrine: 1. doctrine of qualified political agency; except where law expressly provides exhaustion; 2. administrative remedy is fruitless; 3. where there is estoppel on part of administrative agency 4. issue involved is purely legal; 5. administrative action is patently illegal, amounting to lack or excess of jurisdiction; 6. where there is unreasonable delay or official inaction; 7. where there is irreparable injury or threat thereof, unless judicial recourse is immediately made; 8. in land case, subject matter is private land; 9. where law does not make exhaustion a condition precedent to judicial recourse; 10. where observance of the doctrine will result in nullification of claim; 11. where there are special reasons or circumstances demanding immediate court action; and 12. when due process of law is clearly violated. Judicial Review of Administrative Decisions When made: 1. to determine constitutionality or validity of any treaty, law, ordinance, executive order, or regulation; 2. to determine jurisdiction of any administrative board, commission or officer; 3. to determine any other question of law; and 4. to determine question of facts when necessary to determine either: a. constitutional or jurisdictional issue; b. commission of abuse of authority; and c. when administrative fact finding body is unduly restricted by an error of law.

Modes of review: 1. Statutory those available pursuant to specific statutory provision, therefore, the manner and extent of which are expressly governed by statutes or rules; 2 non-statutory those which are not expressly provided for by statutes but which the courts supply by reason of their inherent power to review such proceedings upon questions of jurisdiction and questions of law, these questions being of judicial nature, whether the tribunal was exercising a judicial function or a purely administrative function; 3. direct proceeding one designed by law for a review or relief from a judgment and other proceedings the primary purpose of which is some relief or result other than a setting aside of the judgment, although an attack on the judgment may be incidentally involved; and 4. collateral attack when there is an attempt to question in a subsequent proceeding the conclusiveness or validity of a prior administrative decision on the ground that the decision is invalid and void for lack of jurisdiction over the person, or over the subject matter, or because the determination attacked was not the act of the body vested with power to make the determination. Brandeis Doctrine of Assimilation of Facts one purports to be finding of fact but is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter, courts will review the entire case including the latter. When Findings of Facts of Administrative Agencies Not Accorded Great Weight by Courts: 12. 3. 4. 5. whenever factual findings are not supported by evidence; where findings are vitiated by fraud, imposition or collusion; where procedure which led to factual findings is irregular; when palpable errors are committed; and when grave abuse of discretion, arbitrariness or capricious-ness is manifested. LAW ON PUBLIC OFFICERS Public Office right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at pleasure of creating power, and individual is vested with some sovereign functions of government to be exercised by him for benefit of public. Elements of a Public Office: 1. must be created by law or ordinance authorized by law; 2. must possess sovereign functions of government to be exercised for public interest; 3. functions must be defined expressly or impliedly by law; 4. functions must be exercised by an officer directly under control of law, not under that of a superior officer unless they are functions conferred by law upon inferior officers, who by law, are under control of a superior; and 5. must have some permanency or continuity, not temporary or occasional. Public Officers individuals vested with public office. Classification of Public Officers: 1. Executive, legislative and judicial officers; 2. Discretionary or ministerial officers; 3. Civil or military officers; 4. Officers de jure or de facto; and 5. National, provincial, municipal officials. Eligibility and Qualification: Two senses:

1. may refer to endowments, qualities or attributes which make an individual eligible for public office; 2. may refer to act of entering into performance of functions of public office. Authority to Prescribe Qualifications: 1. when prescribed by Constitution, ordinarily exclusive, except when constitution itself provides otherwise; or 2. when office created by statute. Congress has generally plenary power to prescribe qualifications but such must be: a. germane to purpose of office; and b. not too specific so as to refer to only one individual. de facto Officers A de facto officer is one who has reputation of being officer that he assumes to be, and yet is not an officer in point of law. requisites: 1. validly existing office; 2. actual physical possession of said office; and 3. color of title to office. color may be in the form of: a. by reputation or acquiescence; b. known or valid appointment or election but officer failed to conform with legal requirements; c. known appointment or election but void because of ineligibility of officer or want of authority of appointing or electing authority or irregularity in appointment or election not known to public; and d. known appointment or election pursuant to unconstitutional law before declaration of unconstitutionally. Distinctions De 12. 3. jure Officer Rests on the right has lawful right or title to the office cannot be removed in a direct proceeding

De facto Officer 1. On reputation 2. has possession and performs the duties under color of right without being technically qualified in all points of law to act 3. may be ousted in a direct, proceeding against him Legal Effects of Acts: valid insofar as they affect the public. Entitlement to Salaries General Rule: rightful incumbent may recover from de facto officer salary received by latter during time of wrongful tenure even though latter is in good faith and under color of title. Exception: when there is no de jure public officer, de facto officer entitled to salaries for period when he actually discharged functions. Commencement of Official Relations 1. by appointment; or 2. by election. Rules: 1. Where the statute fixes a period within which a chosen officer may arrange his affairs and qualify for the office in a prescribed manner, his term begins upon qualification;

2. Where no time is fixed by law for the commencement of his official term, it begins from the date of appointment in cases of an appointive office, or from the date of election, in case of an elective office; 3. Where the law fixing the term of a public office is ambiguous, the one that fixes the term at the shortest period should be followed; 4. Where both the duration of the term of office and the time of its commencement or termination are fixed by constitutional or statutory provision, a person elected or appointed to fill the vacancy in such office shall hold the same only for the unexpired portion of the term: 5. Where only the duration of the term is fixed but no time is established for the beginning or end of the term, the persons selected to fill the vacancy in such office may serve the full term and not merely the unexpired balance of the prior incumbent's term; and 6. Where an office is created, or an officer is appointed, for the purpose of performing a single act or the accomplishment of a given result, the office terminates and the officer's authority ceases with the accomplishment of the purposes which called it into being. Appointment selection, by authority vested with power, of individual who is to perform functions of a given office. Commission written evidence of appointment. Designation imposition of additional duties, usually by law, on a person already in public office. Classification of Appointments: 1. permanent extended to person possessing requisite qualifications for the position and thus enjoys security of tenure; 2. temporary acting appointment; 3. regular made by President while Congress is in session and becomes effective after nomination is confirmed by CA and continues until end of term; and 4. ad interim made while Congress not in session, before confirmation, is immediately effective, and ceases to be valid if disapproved or bypassed by CA upon next adjournment of Congress. Nepotism all appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including GOCC, made in favor of a relative of the appointing or recommending authority or of the chief of the bureau or office or of the persons exercising immediate supervision over him. Prohibited. Relative those related within the 3rd degree either of consanguinity or affinity Vacancy when an office is empty and without a legally qualified incumbent appointed or elected to it with a lawful right to exercise its powers and perform its duties. Classification: 1. original when an office is created and no one has been appointed to fill it; 2. constructive when the incumbent has no legal right or claim to continue in office and can be legally replaced by another functionary; 3. accidental when the incumbent having died, resigned, or been removed, there is no one in esse discharging the duties of the office; and 4. absolute when the term of an incumbent having expired and the latter not having held over, no successor is in being who is legally qualified to assume the office.

Powers and Duties of Public Officers 1. Ministerial discharge is imperative and requires neither judgment nor discretion, mandamus will lie; and 2. Discretionary imposed by law wherein officer has right to decide how and when duty shall be performed, mandamus will not lie. Judgment judicial function, the determination of a question of law. There is only one way to be right. Discretion the faculty conferred upon a court or other officer by which he may decide the question either way and still be right. But discretion as exercised, is limited to the evident purpose of the act. Liability of Public Officers General rule: not liable for injuries sustained by another as a consequence of official acts done within the scope of his authority, except as otherwise provided by law. Exceptions: 1. statutory liability, Arts. 27, 32 and 34 of Civil Code; 2. liability on contracts; and , 3. liability for tort. 'Threefold Liability Rule wrongful acts or omissions of public officer may give rise to civil, criminal, and administrative liability. Liability of Ministerial Officers: 1. Non-feasance neglect or refusal to perform an act which is officer's legal obligation to perform; 2. Misfeasance failure to use that degree of care, skill and diligence required in the performance of official duty; and 3. Malfeasance doing, through ignorance, inattention or malice, of an act which he had no legal right to perform. Threefold Responsibility of Public Officers (for violation of duty or wrongful act or omission): 1. If the individual is damaged by such violation, the official shall, in some cases be held liable civilly to reimburse the injured party; 2. If the law has attached a penal sanction, the officer may be punished criminally; and 3. If the administration's disciplinary power is strong, such violation may lead to reprimand, suspension or removal from office as the case may be. "Doctrine of Command Responsibility Superior officer is liable for acts of subordinate when: 1- he negligently or willfully employs or retains unfit or incompetent, subordinates; 2. he negligently or willfully fails to require subordinate to conform to prescribed regulations; 3. he negligently or carelessly oversees business of office as to furnish subordinate an opportunity for default; 4. he directed or authorized or cooperated in the wrong; or 5. law makes him expressly liable. General Prohibitions on Public Officers: 1. Partisan political activity No officer or employee of the Civil Service shall engage, directly or indirectly, in any electioneering or partisan political campaign. The Civil Service Law prohibits engaging directly or indirectly in any partisan political activity or take part in any election except to vote, or use official authority or influence to coerce the political activity of any person or body. Does not prevent expression of views on current political problems or issues, or mention of the names of candidates for public office whom public officer supports. Does not apply to those holding political offices, but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code. Members of the Cabinet are exempt from this prohibition.

 Only active members of the AFP, not those of the reserved force, are covered by the prohibition. 2. Additional or double compensation no elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law. nor accept without the consent of the Congress, any present, emolument, office or title of any kind from any foreign government. But pensions or gratuities shall not be considered as additional, double or indirect compensation 3. Limitations on Laborers shall not be assigned to perform clerical duties. Detail or Reassignment no detail or reassignment snail be made within 3 months before any election without the approval of the Comelec. Nepotism. Rights of Public Officers: 1. Right to office just and legal claim to exercise powers and responsibilities of the public office. Term period during which officer may claim to hold office as a right. Tenure period during which officer actually holds office. 2. Right to salary Basis: legal title to office and the fact that law attaches compensation to the office. Salary: compensation provided to be paid to public officer for his services. Preventive suspension: public officer not entitled during period of PS, but upon exoneration and reinstatement he must be paid full salaries and emoluments during such period. Forms of Compensation: 1. salary personal compensation to be paid to public officer for his services, and it is generally a fixed annual or periodical payment depending on the time and not on the amount of the services he may render; 2. per diem allowance for days actually spent in the performance of official duties; 3. honorarium something given not as a matter of obligation, but in appreciation for services rendered; a voluntary donation in consideration for services which admit no compensation of money; 4. fee payment for services rendered or on commission on moneys officially passing through their hands. A maximum sum may be fixed beyond which the officer is not to receive any emolument; 5. emoluments profits arising from the office, received as compensation for services or which is annexed to the office as salary, fees, or perquisites. 3. Right to preference in promotion Promotion movement from one position to another with increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay. Next-in-Rank Rule the person next in rank shall be given preference in promotion when the position immediately above his is vacated. But the appointing authority still exercises discretion and is not bound by this rule, although he is required to specify the special reason or reasons for not appointing the officer next in rank. Automatic Reversion Rule all appointments involved in a chain of promotions must be submitted simultaneously for approval by the Commission, the disapproval of

the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions. The affected persons are entitled to payment of salaries for services actually rendered at a rate fixed in their promotional appointments. 4. Right to vacation leave and sick leave with pay; 5. Right to maternity leave; 6. Right to pension and gratuity; Pension regular allowance paid to an individual or group of individuals by the government in consideration of services rendered or in recognition of merit, civil or military. Gratuity a donation and an act of pure liberality on the part of the State. 7. Right to retirement pay; 8. Right to reimbursement for expenses incurred in performance of duty: 9. Right to be indemnified against any liability which they may incur in bona fide discharge of duties; and Right to longevity Termination of Official Relationship 1. Expiration of term or tenure; 2. Reaching the age limit; 3. resignation; 4. recall 5, Removal; 6. Abandonment; 7. Acceptance of incompatible office; 8. Abolition of office; 9. Prescription of right to office (within one year after the cause of ouster or the right to hold such office or position arose); 10. Impeachment; 11. Death; 12. Failure to assume elective office within 6 months from proclamation; 13 Conviction of a crime; and 14. Filing of a certificate of candidacy. When public officer holds office at pleasure of appointing power, his replacement amounts to expiration of his term, not removal. "Principle of Hold-Over if no express or implied Constitutional or statutory provision to the contrary, public officer is entitled to hold office until successor has been chosen and shall have qualified. Purpose: to prevent hiatus in public office. But subject to Art, 237 of RPC. Retirement 1. members of judiciary: 70 years of age; 2. Other government officers and employees: 65 years of age 3. Optional retirement age: after rendition of minimum number of years of service. Resignation Accepting authority: 1. To competent authority provided by law; 2. If law is silent and public officer is appointed, tender to appointing officer; 3. If law is silent and public officer is elected, tender to officer authorized by law to call election to fill vacancy: a. President and Vice-President Congress; b. Members of Congress respective Chambers; c. Governors, Vice-Governor, Mayors and Vice-mayors of HUC's and independent component cities President; d. Municipal Mayors and Vice-mayors/City Mayors and Vice-mayors of component cities Provincial Governor; e. Sanggunian members Sanggunian concerned; or

f. Elective barangay officials Municipal or City Mayor. Recall termination of official relationship for loss of confidence prior to expiration of his term through will of the people. Limitations on Recall: 1. any elective local official may be subject of a recall election only once during his term of office for loss of confidence; and 2. no recall shall take place within 1 year from date of the official's assumption to office or 1 year immediately preceding a regular local election Acceptance of an Incompatible Office: Test of Incompatibility: by the nature and relation of the two offices to each other, they ought not to be held by one person from the contrariety and antagonism which would result in the attempt by one person to faithfully and impartially discharge the duties of one, toward the incumbent of the other. Effect of Acceptance: ipso facto vacates the other. There is no necessity for any proceeding to declare or complete the vacation of the first office. Except: where officer is authorized by law to accept the other office. ELECTION LAW Suffrage right to vote in election of officers chosen by people and in the determination of questions submitted to people. Included within its scope: 1. election; 2. plebiscite; 3. initiative; and 4. referendum. Election means by which people choose their officials for a definite and fixed period and to whom they entrust for time being the exercise of powers of government. Kinds: 1. Regular one provided by law for election of officers either nationwide or in certain subdivisions thereof, after expiration of full term of former officers; and 2. Special one held to fill vacancy in office before expiration of full term for which incumbent was elected. Qualifications for Suffrage: 1. Filipino citizen; 2. at least 18 years of age on the day of election; 3. resident of the Philippines for at least 1 year; 4. resident of place where he proposes to vote for at least 6 months; and 5. not otherwise disqualified by law. KEY:FR2AN Disqualifications: 1.person convicted by final judgment to suffer imprisonment I for not less than 1 year, unless pardoned or granted amnesty; but right reacquired upon expiration of 5 years after service of sentence; 2. person adjudged by final judgment of having committed any crime involving disloyalty to government or any crime against national security; but right is reacquired upon expiration of 5 years after service of sentence; and 3. Insane or incompetent persons as declared by competent authority.

Inclusion and Exclusion Proceedings Jarisdiction- MTC and MeTC (original and exclusive jurisdiction) appellate jurisdiction: RTC within 5 days from receipt and court shall decide within 10 days from receipt of appeal. In both courts, MR not allowed. when filed: Inclusion within 20 days after last registration. Exclusion at any time beginning 21st day after last registration. Decision: not later than the day before election and shall be final and executory. Political Party Organized group of persons pursuing similar ideology, political ideas or platforms of government: and includes its branches and divisions. to acquire juridical personality and to entitle it to rights and privileges granted to political parties, it must be registered with COMELEC. Groups Disqualified for Registration: 1. religious denominations or sects; 2. those who seek to achieve their goals through violence or unlawful means; 3. those who refuse to uphold and adhere to Constitution; and 4. those supported by foreign governments. Grounds for Cancellation of Registration: 1. accepting financial contributions from foreign government! or their agencies; and 2. failure to obtain at least 10% of votes casts in constituency where party fielded candidates. Party System a free and open party system shall be allowed to evolve according to free choice of people. 1. no votes cast in favor of political party, organization or coalition shall be valid except for those registered under party-list system provided in Constitution; 2. political parties registered under party-list system shall be entitled to appoint poll watchers in accordance with law; and 3. party-list representatives shall constitute 20% of total number of representatives in the House. Candidates Qualifications: continuing requirements and must be possessed for duration of officer's tenure. Disqualifications : 1. declared as incompetent or insane by competent authority: 2. convicted by final judgment for subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of 18 months imprisonment: 3. convicted by final judgment for crime involving moral turpitude; 4. any person who is permanent resident of or immigrant to a foreign country; and 5 one who has violated provisions on: a. b. c. d. e. campaign period; removal, destruction of lawful election propaganda; prohibited forms of propaganda; regulation of propaganda through mass media; and election offenses.

Nuisance Candidate COMELEC may motu proprio or upon petition of interested party, refuse to give due course to or cancel certificate of candidacy if shown that said certificate was filed: 1. to put election process in mockery or disrepute; 2. to cause confusion among voters by similarity of names of registered candidates; or

3. by other circumstances or acts which demonstrate that candidate has no bona fide intention to run for office for which certificate has been filed, and thus prevent a faithful determination of true will of electorate. Campaign - act designed to have a candidate elected or not or to promote candidacy of person/s to a public office which shall include: 1. forming organizations, etc., for purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate; 2. holding political caucuses, conferences, etc.. for purpose of nominating candidates, soliciting votes, etc.; 3. making speeches, announcements, etc., for or against election of any candidate for public office; 4- printing, publishing or distributing campaign literature or materials: 5. directly or indirectly soliciting votes, pledges or support for or against a candidate; and 6. purpose, either directly or indirectly, provided that simple expressions of opinions concerning election shall not be considered as part of election campaign. Provided further that nothing herein stated shall be understood to prevent any person, including officers and employees in civil service, which shall be understood to include officers and employees of GOCC's, from expressing his views on current political problems or issues or, from mentioning names of candidates for public office, whom he supports. Lawful Election Propaganda under Fair Election Act (RA 9006): 1. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one-half inches in width and fourteen inches in length; 2. Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office; 3. Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding two (2) feet by three (3) feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in size, shall be allowed: Provided, That said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally; 4. Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements set forth in Section 4 of Fair Election Act; 5. All other forms of election propaganda not prohibited by the Omnibus Election Code or Fair Election Act. Expenses: Limitations 1. for candidates: a. President and Vice-President = P10/voter; b. other candidates, if with party = P3/voter; c. other candidates, if without party = P5/voter. 2. for political parties = P5/voter. Statement of Contribution and Expenses: every candidate and treasurer of political party shall, within 30 days after the day of election, file with the COMELEC the full, true and itemized statement of all contributions and expenditures in connection with election. Board of Election Inspectors Composition: 1. chairman; > 2. member; and

who must be > public school

poll clerk.

>

teachers.

Disqualification: related within 4th civil degree by consanguinity or affinity to any member of BEI or any candidate to be voted for in polling place. Powers: conduct voting and counting of votes in polling place; act as deputies of COMELEC in supervision and control of polling place; perform such other functions as prescribed by Election Code or by COMELEC. Watchers Qualifications: 1. voter of city or municipality; 2. good reputation; 3. not have been convicted of any election offense of any kind; 4. know how to read and write; and 5. not related within 4th civil degree by consanguinity or affinity to any member of BEI. Official Ballots uniform size and color for each region and shall be provided at public expense. Shape of strip with stubs and detachable coupons containing serial numbers of ballots, shall bear at top middle portion thereof coat of arms of Republic, words "Official Ballot," date of election and following note: "Fill out this ballot secretly inside the voting booth. Do not put any distinctive mark in any part of this ballot." Each ballot shall contain names of all offices to be voted for in election, allowing beneath name of each office, sufficient space/s with horizontal lines where voter may write name/s of individual candidates voted by him, except otherwise prescribed in Election Code. Emergency Ballots When used: official ballots were not received on time or not sufficient for all registered voters or destroyed at such time as shall render it impossible to replace them, in which cases, treasurer concerned shall procure from any available source which shall be as similar to official ones. Excess ballots found in ballot box which exceed number of registered voters who cast their votes. Marked ballots contain signs or marks intended to identify ballot. Kinds: 1. containing 2. containing 3. containing 4. containing impertinent expressions; drawings, identical features and characteristics; names of important personages; and common and qualifying expressions which are patently irrelevant.

Submarine Ballots those prepared, under a system of election frauds, by persons other than the real voters. Board of Canvassers 1. Provincial Board of Canvassers Composition: a. Provincial Election Supervisor or lawyer in Regional Office of COMELEC, chairman: b. Provincial Prosecutor, vice-chairman; and c. Provincial Superintendent of Schools, member. 2. City Board of Canvassers Composition: a. City Election Registrar, or lawyer of COMELEC, chairman; b. City Prosecutor, vice-chairman; and c. City Superintendent of Schools, member. 3. Municipal Board of Canvassers Composition: a; Election Registrar, or representative of COMELEC, chairman; b. Municipal Treasurer, vice-chairman; and

c. Most Senior District Supervisor or, Principal of School District or Elementary School, member. Pre-Proclamation Controversy any question pertaining to or affecting proceedings of board of canvassers which may be raised by any candidate or by a registered political party or coalition of political parties before the board or directly with COMELEC or any matter raised under Secs. 233, 234, 235, and 236, in relation to preparation, transmission, receipt, custody and appreciation of election returns. Issues Which may be raised in a Pre-Proclamation Controversy: ,. 1. Illegal composition or proceedings of the Board of Canvassers; 2.Canvassed election returns are incomplete, contain material defects, appears to be tampered with or falsified; or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Secs. 233, 234, 235 and 236 of BP 881; 3. Election returns were prepared under duress, threat, coercion, or intimidation, or they are obviously manufactured or not authentic; and 4. When substitute of fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate/s. Election Contests Nature: special summary proceeding object of which is to expedite settlement of controversies between candidates as to who received majority of legal votes. Purpose: to ascertain true will of people and duly elected officer and this could be achieved by throwing wide open the appeal before the court. Contest any matter involving title or claim of title to an elective office, made before or after proclamation of winner, whether or not contestant is claiming office in dispute. Election. Returns and qualification refers to all matters affecting validity of the contestee's title to the position. Election conduct of the polls, including the registration of voters, holding of election campaign, and casting and counting of votes. Returns include the canvass of returns and proclamation of winners, together with questions concerning composition of Board of Canvassers and authenticity of election returns. Qualifications matter which could be raised in a quo warranto proceedings against the proclaimed winner, such as his disloyalty to the Republic or his ineligibility or inadequacy of his certificate of candidacy. Original Exclusive Jurisdiction Over Election Contests 1. President and Vice-President: Supreme Court 2. Senator: Senate Electoral Tribunal 3. Representative: HR Electoral Tribunal 4. Regional/Provincial/City: COMELEC 5. Municipal: RTC 6. Barangay: MTC Appellate Jurisdiction 1. For decisions of RTC and MTC: appeal to COMELEC whose decision shall be final and executory; 2. for decisions of COMELEC: Petition for review on Certiorari with SC within 30 days from receipt of decision on ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process; 3, For decisions of Electoral Tribunal: Petition for review on Certiorari with SC on ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process; Actions Which May Be Filed:

1.

Election Protest may be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same office; Grounds: a. fraud; b. terrorism; c. irregularities; or d. illegal acts. committed before, during, or after casting and counting of votes. 2. Time to file: within 10 days from proclamation of results of election. Quo warranto filed by any registered voter in the constituency. Grounds: a. ineligibility; or b. disloyalty to the Republic. Time to file: within 10 days from proclamation of results of election. Distinctions QW in Elective Office 1. Determination is eligibility of candidate-elect. 2. When person elected is declared ineligible, court cannot declare second placer as elected even if eligible. QW in Appointive Office 1. Determination is legality of appointment. 2. Court may determine as to who among the parties has legal title to office.

LAW ON PUBLIC CORPORATION Local Government Code of 1991 (R.A. No. 7160) Effectivity: January 1, 1992 Scope of Application of Local Government Code: applicable to: 1. all provinces, 2. cities, 3. municipalities, 4. barangays, 5. and other political subdivisions as may be created by law, and 6. to the extent provided in the Local Government Code: a. to officials, b. offices, or c. agencies of the National Government. Local Autonomy in its constitutional sense, to polarize LGU's from over dependence on central government and do not make LGU's mini-republics or imperium in imperia decentralization of Administration central government delegates administrative powers to political subdivisions in order to broaden base of government power and in process make LGU's more responsive and accountable and ensure their fullest development as self-reliant communities and make

them effective partners in the pursuit of national development and social progress. Decentralization of Power involves abdication of political power in favor of LGU's declared to be autonomous. Devolution act by which national government confers power and authority upon various LGU's to perform specific functions and responsibilities. Declaration of Policy: 1.. Territorial and subdivisions of State shall enjoy genuine and meaningful local autonomy to enable them to attain fullest development and make them more effective partners in attaining national goals; 2. Ensure accountability of LGU's through institution of effective mechanisms of recall, initiative and referendum; and 3. Require all national agencies and offices to conduct periodic consultations with appropriate LGU's, NGO's, and People's Organizations and other concerned sector of community before any project or program is implemented in their respective jurisdictions. Rules on Interpretation: 1. provision on power: liberally interpreted in favor of LGU; in case of doubt, resolved in favor of devolution of powers; 2. tax ordinance or revenue measure: construed strictly against LGU enacting it and liberally in favor of taxpayer; 3.tax exemptions, incentive or relief granted by LGU: construed against person claiming; 4. general welfare provisions: liberally interpreted to give more powers to LGU's in accelerating economic development and upgrading quality of life for people in the community 5. rights and obligations existing on date of effectivity of LGC of 1991 and arising out of contracts or any other source of prestation involving LGU, shall be governed by original terms and conditions of said contracts or law in force at time such rights were vested; and 6. resolution of controversies arising under LGC of 1991 where no legal provision or jurisprudence applies, resort may be had to customs and traditions in place where controversies take place. Public Corporation one formed and organized for the government of a portion of the State. Distinctions Public Corporation 1. Established for purposes of administration of civil and local governments. 2. Creation of the State, either by special or general act. 3. Involuntary consequence of legislation. Private Corporation 1. Created for private aim, gain or benefit of members. 2. Created by will of incorporators with recognizance of the State. 3. Voluntary agreement by and among members. Classes of Corporation: 1. Quasi-corporation public corporations created as agencies of State for narrow and limited purposes. 2. Municipal corporation body politic and corporate constituted by incorporation of inhabitants of city or town for purposes of local government thereof or as agency of State to assist in civil government of the country. 3. Quasi-public corporation private corporation that renders public service or supplies public wants.

Elements of Public Corporation: 1. legal creation or incorporation; 2. corporate name; 3. inhabitants; and 4. territory. Dual Nature and Functions of Municipal Corporations: 1, Public or governmental acts as an agent of State for government of territory and inhabitants; and 2. Private or proprietary acts as agent of community in administration of local affairs. It acts as a separate entity for its own purposes and not as subdivision of State. Territorial and Political Subdivisions of the Philippines Enjoying Local Autonomy: 1. Province cluster of municipalities, or municipalities and component cities, and serves as dynamic mechanism for developmental processes and effective governance of LGU's within its territorial jurisdiction. City composed of more urbanized and developed barangays, serves as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its territorial jurisdiction; Municipality consisting of group of barangays, serves primarily as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its territorial jurisdiction; Barangay basic political unit which serves as primary planning and implementing unit of government policies, plans, programs, projects and activities in community, and as a forum wherein collective views of people may be expressed, crystallized and considered and where disputes may be amicably settled; Autonomous Regions created for decentralization of administration or decentralization of government; and Special metropolitan political subdivisions created for sole purpose of coordination of delivery of basic services.

2.

3.

4.

5. 6.

Creation of Municipal Corporations Only by Act of Congress: province, city or municipality; Ordinance passed by Sangguniang Panlalawigan or Sangguniang Panlungsod: Barangays. Requisites: Plebiscite; and Verifiable indicators of viability and projected capacityto provide services: a. Income sufficient to provide essential government facilities and services and special functions commensurate with size of population. (i) municipality (ii) city (iii) highly urbanized city (iv) province b. : : : : P 2.5 M P20 M P50 M P20 M

Population number of inhabitants within territorial jurisdiction. (i) municipality : 25,000 (ii) city : 150,000 (iii) highly urbanized city : 200,000 (iv) province : 250,000 (v) barangay : 2,000 except in: (va) Metro Manila; (vb) other metropolitan political subdivisions

(vc) (vd) requirement.

highly urbanized cities : 5,000 indigenous cultural communities : notwithstanding above

c. Land Area contiguous, unless comprising 2 or more islands or is separated by a LGU independent of others; properly identified by metes and bounds with technical descriptions and sufficient to provide for basic services and facilities. (i) municipality (ii) city (iii) province : : : 50 sq. kilometers 100 sq. kilometers 2,000 sq. kilometers

beginning of Corporate Existence upon election and qualification of its chief executive and majority of members of its Sanggunian, unless some other time is fixed therefor by law or ordinance creating it. Mode of Inquiry to Legal Existence of LGU quo warranto which is reserved to State or other direct proceedings. Division, Merger and Abolition of LGU's Division and Merger: shall comply with same requirements, provided: 1. shall not reduce income, population or land area of LGU concerned to less than the minimum requirements prescribed; 2. 3. income classification of original LGU shall not fall below its current income classification prior to division; and Plebiscite be held in LGU's affected. assets and liabilities of creation shall be equitably distributed between the LGU's affected and new LGU. When municipal district of other territorial divisions is converted or fused into a municipality all property rights vested in original territorial organization shall become vested in government of municipality;

Abolition: when income, population, or land area of LGU has been reduced to less than minimum standards prescribed for its creation. The law or ordinance abolishing LGU shall specify the province, city, municipality or barangay with which LGU sought to be abolished will be incorporated or merged. De Facto Municipal Corporation Requisites: 1. valid law authorizing incorporation; 2. attempt in good faith to organize under it; 3. colorable compliance with law; and 4. assumption of corporate powers. Powers of Local Government Units Classification: 1. Express, implied and inherent; 2. Public or governmental, private or proprietary; 3. Intramural and extramural; and 4. Mandatory and directory; ministerial and discretionary. Governmental Powers: 1. General Welfare (Sec. 16 of R.A. No. 7160) statutory grant of police power to LGU's. Limitations: a. territoriality:

b. equal protection clause; c. due process clause; and d. must not be contrary to law. 2. Delivery of basic services and facilities (Sec. 17 of R.A. No. 7160); 3. Power to generate and apply resources (Sec. 18 of R.A. No. 7160); 4. Eminent Domain (Sec. 19 of R.A. No. 7160); Additional Limitations for Exercise by LGU: a. exercise by local chief executive pursuant to an ordinance; b. for public use, purpose or welfare for benefit of poor and landless; and c. only after valid and definite offer had been made to, and not accepted by owner. 5 Reclassification of Lands (Sec. 20 of RA 7160) Limited by following percentage of total agricultural land area: a. for HUC and independent component cities: 15%; b. for component cities and 1st to 3rd class municipalities: 10%; and c. for 4th to 6th class municipalities: 5%. 6. Closure and opening of roads (Sec. 21 of RA 7160) In case of permanent closure: a. adequate provision for public safety must be made; and b.may be properly used or conveyed for any purpose for which other real property may be lawfully used or conveyed: provided, no freedom park be permanently closed without provisions or transfer to new site. 7- Local legislative power (Secs. 48-59 of RA 7160) Approval of ordinances: a. local chief executive with his signature on each and every page: b. if local chief executive vetoes the same, may be overridden by 2/3 vote of all sanggunian members; (i) grounds for veto: ordinance is ultra vires or prejudicial to public welfare; (ii) local chief executive may veto particular item/s of appropriation ordinance, adoption of local development plan and public investment plan, or ordinance directing payment of money or creating liability; and (iii) local chief executive may veto an ordinance only once; c. veto communicated to sanggunian within 15 days for province and 10 days for city or municipality. Review by Sanggunian Panlalawigan approve ordinances or resolutions of SL and SB forwarded to SP within 3 days after approval. SP shall review the same within 30 days and may declare it invalid because it is beyond power of Sanggunian concerned. Fundamental Principles in Taxing and Revenue-raising Powers a. uniform in each LGU; b. Taxes, fees, charges and other impositions shall be: (i) equitable; (ii) based on taxpayer's ability to pay; (iii) levied and collected only for public purposes; (iv) not unjust, excessive, oppressive or confiscatory; and (v) not contrary to policy, national economic policy or in restraint of trade;

c. collection of local taxes, fees, etc., shall in no case be let to any private persons; d revenue collected shall inure solely to benefit of and be subject to disposition by LGU, unless specifically provided in LGC of 1991: and e. each LGU shall evolve a progressive system of taxation.

Fundamental Principles in Financial Affairs. Transactions, and Operations of LGU's: a. No money shall be paid out of local treasury except in pursuance of an appropriation, ordinance or law; b. Local government funds and moneys shall be spent solely for public purposes; c. Local revenue is generated only from sources expressly authorized by law or ordinance and collection thereof shall at all times be acknowledged properly; d. All monies officially received by local government officer in any capacity or on any occasion shall be accounted as local funds, unless otherwise provided by law; e.Trust funds in local treasury shall not be paid out except in fulfillment of purpose for which trust was created or funds received; f. Every officer of LGU whose duties permit or require possession or custody of local funds shall be properly bonded, and such officer shall be accountable and responsible for said funds and for safe-keeping thereof in conformity with provisions of law; g. Local governments shall formulate sound financial plans, and local budgets shall be based on function, activities and projects, in terms of expected results; h. Local budget plans and goals shall be harmonized with national development plans, goals and strategies to optimize utilization of resources and to avoid duplication in use of fiscal and physical resources; i. Local budgets shall operationalize approved local development plans; j. LGUs shall ensure that respective budgets incorporate requirements of component units and provide for equitable allocation of resources; k. National planning shall be based on local planning to ensure that needs and aspiration of people are considered in formulation of budgets of national agencies or offices 1. Fiscal responsibility shall be shared by those exercising authority over financial affairs, transactions, and operations of LGU's; and m. LGUs shall endeavor to have balanced budget in each fiscal year of operation. Corporate Powers: 1. to have continuous succession in its corporate name; 2. to sue and be sued; 3. to have and use a corporate seal; 4. to acquire and convey real or personal property; 5. power to enter into contracts; Requisites of valid municipal contracts: a. LGU has express, implied or inherent power to enter into particular contract; b. entered into by proper department, board, committee or agent; c. must comply with substantive requirements; d. must comply with formal requirements; and

e.

in case entered into by local chief executive on behalf ofLGU, prior authorization by Sanggunian concerned is needed.

6. to exercise such other powers as granted to corporations, subject to limitations provided in LGC of 1991 and other laws. Elective Local Officials Qualifications: 1. citizen of the Philippines; 2. registered voter of barangay, municipality, city, province, or district where he intends to be elected; 3.resident therein for at least 1 year preceding election; 4. able to read and write Filipino or local language or dialect: and 5 age a. 23 years of age Governor, Vice-Governor, Board Member, Mayor, ViceMayor or Member of city council for HUC's; b. 21 years of age Mayor or Vice-Mayor of ICC, component cities or municipalities; c. 18 years of age members of ICC or component city or municipal council or punong barangay or member of barangay council; d. at least 15 but not over 21 years of age candidates for sangguniang kabataan. disqualifications: 1. sentenced by final judgment for offense involving moral turpitude or punishable by 1 year or more of imprisonment within 2 years after service of sentence; 2. those removed from office due to administrative case; 3. those convicted by final judgment for violating oath ofallegiance to the Republic; 4. those with dual citizenship; 5. fugitives from justice in criminal or non-political cases here or abroad; 6. permanent resident in foreign country; and 7. insane or feeble-minded. Manner of Election Elected at large Governor vice-governor city or municipal mayor City or municipal vice-mayor punong barangay! elected by voters of katipunan ng kabataan: SK chairman 2. b. a. Regular members ) elected by district of Sanggunian Ex officio members of sanggunian:

Panlalawigan a. president of leagues of sangguniang members of component cities and municipalities; and b. president of liga ng mga barangay and pederasyon ng mga sangguniang kabataan. Panlungsod a. president of liga ng mga barangay and the pederasyon ng mga SB. Bayan a. president of liga ng mga barangay and the pederasyon ng mga SB. 3. Sectoral representatives women, workers, and any of the following sectors: urban poor, indigenous cultural communities, disabled persons or any other sector as determined by sanggunian concerned. Date of Election: Every 3 years on 2nd Monday of May, unless otherwise provided by law.

Term of office: 3 years starting from noon of June 30 next following the election or such date as may be provided by law, except that of elective barangay officials, for maximum of 3 consecutive terms in same position. Rules of Succession: Permanent Vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor. If a permanent vacancy occurs in the office of the governor or mayor, the vice-governor or vice-mayor concerned shall become the governor or mayor. If a permanent vacancy occurs in the offices of the governor, vice-governor, mayor. or vice-mayor, the highest ranking sanggunian member or, in case of his permanent inability, the second highest ranking sanggunian member, shall become the governor, vice-governor, Mayor or vice-mayor, as the case may be. Subsequent vacancies in the said office shall be filled automatically by the other sanggunianmembers according to their ranking as defined herein. If a permanent vacancy occurs in the office of the punong barangay. the highest ranking sanggunian barangay member or, in case of his permanent inability, the second highest ranking sanggunian member, shall become the punong barangay. A tie between or among the highest ranking sanggunian members shall be resolved by the drawing of lots. The successors as defined herein shall serve only the unexpired terms of their predecessors. For purposes of this Succession, a permanent vacancy arises when an elective local official: 1. fills a higher vacant office, 2. refuses to assume office, 3. fails to qualify, 4. dies, (Key:R3IDQF) 5. removed from office, 6. voluntarily resigns, or 7. otherwise permanently incapacitated to discharge the functions of his office. For purposes of succession, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election. Permanent Vacancies in the Sanggunian, Permanent vacancies in the sanggunian where automatic successions provided above do not apply shall be filled by appointment in the following manner: (1) The President, through the Executive Secretary, in the case of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities; (2) The governor, in the case of the sangguniang panlungsod of component cities and the sangguniang bayan; (3) The city or municipal Mayor, in the case of sangguniang barangay, upon recommendation of the sangguniang barangay concerned. Except for the sangguniang barangay, only the nominee of the political party under which the sanggunian member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy in the sanggunian shall be appointed in the manner herein above provided. The appointee shall come from the same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefor.

 In case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the local chief executive shall, upon recommendation of the sanggunian concerned, appoint a qualified person to fill the vacancy. In case of vacancy in the representation of the youth and the barangay in the sanggunian, said vacancy shall be filled automatically by the official next in rank of the organization concerned. Temporary Vacancy in the Office of the Local Chief Executive . When the governor, city or municipal Mayor, or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. Said temporary incapacity shall terminate upon submission to the appropriate sanggunian of a written declaration by the local chief executive concerned that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the local chief executive concerned shall also submit necessary documents showing that said legal causes no longer exist. When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of the said office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employees. In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be, shall have the right to assume the powers, duties, and functions of the said office on the fourth (4th) day of absence of the said local chief executive, subject to the limitations provided. Except as provided above, the local chief executive shall in no case authorize any local official to assume the powers, duties, and functions of the office, other than the vicegovernor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be: Grounds for Disciplinary Actions: 1. disloyalty to Republic; 2. culpable violation of the Constitution; 3. dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty; 4. commission of offense involving moral turpitude or offense punishable by at least prision mayor; 5. abuse of authority; 6. unauthorized absence for 15 consecutive working days except Sanggunian members; 7. application for, or acquisition of, foreign citizenship or residence or status of an immigrant of another country; and 8. such other grounds as may be provided in EC and otherlaws. Resignation of Elective Local Officials Resignations by elective local officials shall be deemed effective only upon acceptance by the following authorities:

(1) The President, in the case of governors, vice- governors, and mayors and vice-mayors of highly urbanized cities and independent component cities; (2) The governor, in the case of municipal mayors, municipal vice-mayors, city mayors and city vice-mayors of component cities; (3) The sanggunian concerned, in the case of sanggunian members; and (4) The city or municipal mayor, in the case of barangay officials. Copies of the resignation letters of elective local officials, together with the action taken by the aforesaid authorities, shall be furnished the Department, of Interior and Local Government. The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) working days from receipt thereof. Irrevocable resignations by sangguniang members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records: Provided, however, That this subsection does not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribe the manner of acting upon such resignations. Rules on Settlement of Boundary Disputes: 1. Involves 2 or more barangays in same city or municipalities: refer to Sanggunian concerned; 2. Involves 2 or more municipalities in same province: refer to Provincial Board; 3. Involves municipalities or component cities in different provinces: refer jointly to Provincial Boards concerned; 4. Involves component city or municipality and highly urbanized city, or two or more highly urbanized cities: refer jointly respective Sanggunians of both parties. In event Sanggunian fails to effect settlement within 60 days from date dispute was referred to it, it shall issue certification to this effect. Dispute shall then be formally tried by Sanggunian concerned which shall decide issue within 60 days from certification. Within time and manner prescribed by Rules of Court, any party may elevate decision of Sanggunian proper to the RTC having jurisdiction over area in dispute which shall decide the appeal within 1 year from filing. Local Initiative legal process whereby registered voters of LGU may directly propose, enact or amend any ordinance. May be exercised by all registered voters of provinces, cities, municipalities and barangays. local Referendum legal process whereby registered voters of LGUs may approve, amend or reject any ordinance enacted by the sanggunian. PUBLIC INTERNATIONAL LAW Branch of public law which regulates relations of states an of other entities which have been granted international personality. Main Divisions 1. Laws of Peace; 2. Laws of War; and 3. Laws of Neutrality. Sources: 1. Primary a. international treaties and conventions; b. international customs; and

c. general principles of law. 2. Subsidiary a. decisions of courts; and b. teachings of publicists.

International Custom long-established way of doing things by states under conviction that it is obligatory and right. Basis of International Law: 1. 2. 3. Law of Nature School international law is based on rules of conduct discoverable by every individual in his own conscience and through application of right reasons. Positivist School international law is based on consent of states and on such consent only. Ecclectic or Grotian School a compromise between the first 2 schools and submits that international law is binding partly because it is good and right and partly because states agreed to be bound by it.

Sanctions Influencing Observance of International Law: 1. 2. 3. 4. 5. belief in the inherent wisdom of law; habits of obedience; fear of reprisals or punishment; respect for world opinions; and United Nations.

Comitas Gentium comity or courtesy among nations. Functions of International Law: 1. promote international peace and security; 2. foster friendly relations among nations and discourage use of force in resolution of differences among them; 3. provide for orderly regulation of conduct of states in their mutual dealings; and 4. insure international cooperation in pursuit of certain common purposes of an economic, social, cultural or humanitarian character. Doctrine of Incorporation expressed in Sec. 2, Art. II of the Philippine Constitution which reads: "the Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations. Doctrine of Transformation requires the enactment by the legislative body of the international law principle to form part of municipal law. Transnational Law body of municipal and international norms governing public and private transactions that transcend national boundaries or national jurisdiction. Based upon universally accepted general principles of law supplemented by that portion of the municipal law of disputants applicable in an attempt to resolve conflict In case of Conflict between International Law and Municipal Law: With local court deciding If the conflict is with the Constitution: uphold the Constitution If the conflict is with a statute: a treaty may repeal a statute, and a statute may repeal a treaty; that which comes last in time will usually be upheld by the municipal tribunal. Lex Posterior Derogat Priori subsequent law abrogates the preceding law and suggests that if a law explicitly contravenes a prior treaty, or a treaty contravenes prior law, or a treaty contravenes a prior treaty, the courts will apply the most recent expression of the law.

 With international tribunal deciding International law is superior to municipal law; international law provides the standard by which to determine the legality of a state's conduct. Sources of International Law: 1. Primary Sources a. International treaties and conventions, whether general or particular, establishing rules expressly recognized by the contesting states. b. International customs, as evidence of a general practice accepted as binding law through persistent usage over a long period of time. Requisites: i. Prevailing practice by a number of states; ii. Repeated over a considerable period of time; and iii. Attended by opinio juris or a sense of legal obligation. c. General principles of law, rules derived mainly from natural law, observed and recognized by civilized nations. 2. Secondary Sources a. Judicial decisions, generally of international tribunals, the most authoritative being the International Court of Justice. b. Writings of Publicists, which must be fair and unbiased representation of international law by acknowledged authorities in the field. Distinctions As As As As to to to to nature remedies parties enforcement Public International Law International International Modes International entities International sanctions Private International Law Municipal Local tribunals Private persons Sheriff/police

International Law 1. Law of coordination 2. Regulates relations of States and other international persons 3. Derived principally from treaties, international customs and general principles of law 4. Enforced by subject themselves through methods of self-help 5. Entails collective responsibility Municipal Law 1. Law of subordination 2. Regulates relations of individuals among themselves or with their State 3. Consists mainly of statutory enactments, and to lesser extent executive orders and judicial pronouncements 4. Enforced by regular and pre-existing machinery for administration of justice 5. Entails individual responsibility

International Community body of juridical entities which are governed by international law. Family of nations. Subjects of International Law entities that have rights and responsibilities under international law. Have the faculty of motivation. 1. States, independent and dependent; 2. Colonies and dependencies;

3. 4. 5. 6. 7. 8.

Mandates and trust territories; Vatican City; The United Nations; Belligerent Communities; International Administrative Bodies; and to a certain extent; Individuals.

Belligerent Community group of rebels under an organized civil government who have taken up arms against legitimate government. When recognized, considered as separate state for purposes of conflict and entitled to all rights and subjected to all obligations of a full-fledged belligerent under laws of war. United Nations international organization created at San Francisco Conference which was held in the United States from April 25 to June 26, 1945. UN succeeded the League of Nations and is governed by a charter which came into force on October 24, 1945. Principal Purposes of UN: 1. Maintain international peace and security; 2. Develop friendly relations among nations; 3. Achieve international cooperation; and 4. Center for harmonizing actions of nations for attainment of these common goals. Qualifications for Membership: 1. must be a state; 2 must be peace loving; 3. must accept obligations of member-states contained in Charter; and 4.must be able and willing to carry out such obligation. Admission- decision of 2/3 of those present and voting in the General Assembly upon recommendation of at least nine (including all the permanent) members of the Security Council. Expulsion: 2/3 vote of those present and voting in the General Assembly upon recommendation of a qualified majority of the Security Council on grounds of persistently violating the principles contained in the Charter. Principal Organs of UN: 1. General Assembly central organ of UN where all members are represented in it and it exercises powers and functions with respect to other organs. Body of UN and vested with jurisdiction over matters concerning internal machinery and operations of UN; 2. Security Council organ of UN responsible for maintenance of peace and security. Key influence in direction of affairs not only of organization but of entire international community as well; Economic and Social Council recognizing that promotion of social progress and better standards of life in larger freedom is indispensable to world harmony and order: organ charged with particular duty of pursuing this objective; Trusteeship Council principal organ of UN charged with administration of International Trusteeship System; International Court of Justice judicial organ of UN; World Court governed by Statute which is annexed to and made part of UN charter; Secretariat chief administrative organ of UN.

3.

4. 5. 6.

Composition of ICJ:

 15 members of high moral character and possessed qualification required in their respective countries for appointment to highest judicial office or jurisconsults of recognized competence in international law. Creation of State: 1. by peaceful acquisition of independence; 2. by revolution; 3. by unification of several states; 4. by secession; 5. by agreement; and 6. by attainment of civilization. KEY:A2RAUS Fundamental Rights of State: 1. right of existence and self-defense; 2. right of independence; 3. right of equality; 4. right of property and jurisdiction; and 5. right of legation or diplomatic intercourse. KEY: PILE2 Extinction of State: 1. anarchy; 2. mass emigration of the population; 3. annexation; 4. merger or unification; 5. dismemberment: 6. dissolution of federal union; and 7. partial loss of independence. KEY:P(O)MADE Recognition act by which a state acknowledges existence of another state, government or belligerent community and indicates its willingness to deal with the entity as such under rules of international law. Theories: 1. Declaratory merely affirms an existing fact like the possession by the state of the essential elements. Discretionary and political; 2. Constitutive it is the act of recognition which constitutes the entity into an international person. Compulsory and legal; may be compelled once the elements of a state are established.

OBJECTS 1. state; 2. government; and 3. belligerent community. Kinds: 1. express; 2. implied; 3. conditional; 4. permanent; 5. de jure extended to a government fulfilling the requirements. When there is no specific indication, recognition is generally considered dejure. 6. de facto extended by the recognizing state which believes that some of the requirements for recognition are absent. Effects of Recognition of a State or Government:

1. diplomatic relations; 2. right to sue in courts of recognizing state: and right to possession of properties of predecessor in the reorganizing state. Conditions For Recognition of Belligerency: 1. organized civil government; 2. rebels occupy a substantial portion of territory; 3. conflict is serious and outcome is uncertain; and 4. rebels are willing to observe the laws of war. Effects of Recognition of Belligerency: 1. Responsibility for acts of rebels resulting in injury to nationals of the recognizing state shall be shifted to the rebel government; 2. Legitimate government recognizing the rebels shall observe the loss of war in conducting hostilities; 3. Third states recognizing the belligerency shall maintain neutrality; and 4. Recognition is only provisional (for the duration of the armed struggle) and only for the purpose of hostilities. De Facto Government Kinds: 1. established by inhabitants who rise in revolt and depose legitimate regime; 2. established by the invading forces of one belligerent in territory of other belligerent government of which is also displaced; and 3. established by inhabitants of state who secede therefrom without overthrowing its government.

Wilson or Tobar Doctrine precludes recognition of government established by revolution, civil war, coup d'etat or other forms of internal violence until the freely elected representatives of people have organized a constitutional government. Stimson Doctrine precludes recognition of any government established as result of external aggression. Estrada Doctrine diplomatic representatives of a country where political upheaval has taken place will deal or will not deal with whatever government is in control therein at time and either action shall not be taken as judgment on legitimacy of said government. Principle of State Continuity the state continues as a juristic being notwithstanding changes in its circumstances, provided only that they do not result in the loss of any of its essential elements. Right to Existence and Self-defense most comprehensive as all other rights of state flow from it; state may take measures including use of force as may be necessary to counteract any danger to its existence. Aggression use of armed force by a state against sovereignty, territorial integrity or political independence of another state or in other manner inconsistent with the UN Charter. Intervention act by which state interferes with domestic or foreign affairs of another state through the use of force or threat of force. When Intervention is Sanctioned: l. as an act of self-defense; 2. when decreed by the Security Council as a preventive or enforcement action for the maintenance of international peace and security; 3. when such action is agreed upon in a treaty; or 4. when requested from fellow states or from the United Nations by the parties to a dispute or a state beset by rebellion. Drago Doctrine intervention not allowed for purposes of making state pay its public debts. Requisites for proper exercise of right of self-defense

1. armed attack; 2. self-defensive action taken by attacked state must be reported immediately to Security Council; and 3. such action shall not in any way affect right of Security Council to take at any time action as it deems necessary to maintain or restore international peace and security. Right of Independence right of national self-government freedom of state from control by another state or right of state to direct both its internal and external affairs without dictation or interference from others. Right of Equality every state is entitled to same protection and respect as are available to other state under rules of international law. Modes 1. 2. 3. 4. 5. of Acquiring Territory: discovery and occupation; cession; conquest and subjugation; prescription; and accretion. KEY: D C A P S

Components of the Territory of a State: 1. Terrestrial land mass on which the habitants live; 2. Maritime and Fluvial a. internal or national waters bodies of water within the land mass, among them are: (i) rivers which may be (a) national; (b) boundary; (c) international = flows through various states. Thalweg Doctrine for boundary rivers, in the absence of an agreement between the riparian states, the boundary line is laid on the middle of the main navigable channel. Middle of the Bridge Doctrine where there is a bridge over a boundary river, the boundary line is middle or center of the bridge (ii) Bays and Gulfs. (iii) Strait. b. Archipelagic Waters; c. 3. Aerial domain. Territorial Sea; d. submarine area; and

Loss of Territory: 1. dereliction; 2. cession; 3. conquest; 4. prescription; 5. erosion, or other natural causes. Dereliction physical withdrawal by a state from territory with the intention of relinquishing or abandoning all legal claims over it. Five Air of Freedoms: 1. freedom to fly across foreign territory without landing; 2. freedom to land for non-traffic purposes; 3. freedom to put down traffic originating in state of aircraft; 4. freedom to embark traffic destined for state of aircraft; and 5. reedom to embark traffic destined for, or to put down traffic coming from, third state.

Principles of Criminal Jurisdiction: 1. Territorial principle vests jurisdiction in state whereoffense was committed; 2. Nationality principle vests jurisdiction in state of offender 3. Protective Principle vests jurisdiciton in state whose national interests is injured, as in case of counterfeiting, treason or espionage. 4. Universality Principle vest jurisdiction in state which has custody of offender, as in case of piracy; and 5. Passive personality principle vests jurisdiction in state of offended party. Innocent Passage navigation through the territorial sea of a state for the purpose of traversing that sea without entering internal waters or of proceeding to internal waters, or making for the high seas from internal water, as long as it is not prejudicial to the peace, good order or security of the coastal state. Arrival Under Stress or Involuntary Entrance may be due to lack of provisions, unseaworthiness of the vessel, inclement weather, or other case of force majeure. Doctrine of Hot Pursuit pursuit into high seas of foreign vessel suspected of violating the laws or rules of the coastal state which commences when foreign vessel is within territorial waters, the contiguous zone or even in exclusive economic zone. Hot pursuit stops when vessel enters territorial state of another state. Right of legation right of state to maintain diplomatic relations with other states. Active right of legation send diplomatic representatives Passive right of legation receive diplomatic representatives Agents of Diplomatic Intercourse: 1. Head of state; 2. Foreign secretary of minister; or 3. Members of diplomatic service Functions of Diplomatic Representatives: 1. Representing sending state in receiving state; 2. Protecting in receiving state interests of sending state and its nationals; 3. Negotiating with government of receiving state; 4. Promoting friendly relations between sending state and receiving states and developing their economic, cultural and scientific relations; 5. Ascertaining by all lawful means conditions and developments in receiving state and reporting thereon to government of sending state; and 6. In some cases, representing friendly governments their requests. Agreement process in appointment of diplomatic envoywhich receiving state indicates acceptability of an envoy, the purpose is to avoid embarassment if the proposed envoy is rejected and is sent back as persona non-grata. Letre de Creance (Letter of Credence) with the name, rank, and general character of his mission, and a request for favorable reception and full credence. Pleine pouvoirs or full powers, a document emanating from competent authority of a state designating a person or persons to represent the state for negotiating, adopting, or accomplishing any other act with respect to a treaty. Consuls Kinds: 1. 2. Consules missi professional or career consuls who are nationals of sending state and are required to devote their full-time to discharge their duties; and Consules electi may or may not be nationals of sending state and perform consular functions only in addition to their regular callings.

Ranks: 1. 2. 3. 4. Consul-general heads several consular districts, or one exceptionally large consular district; consul takes charge of a small district or town or portvice-consul assists the consul; and consular agent usually entrusted with the performance of certain functions by the consul.

Duties: 1. Promotion of commercial, economic, cultural and scientific relations of sending and receiving states; 2. Issuance of passports and other travel documents to nationals of sending state and visas or appropriate documents to persons wishing to travel to sending state; 3. Protection of interests of sending state and its national in receiving state; 4. Observation of conditions and developments in receiving state and report thereof to sending state; and 5. Supervision and inspection of vessels and aircraft of sending state. Privileges and Immunities Accorded to Diplomatic Envoy: 1. Personal inviolability; 2. Inviolability of premises and archives; 3. Right of official communications; 4. Exemption from local jurisdiction; 5. Exemption from subpoena; and 6. Exemption from taxation. KEY: PC LIST Exterritoriality exception of persons and property from local jurisdiction on basis of international customs. Non-refoulement prohibits a state to return or expel refugee to the territory where he escaped because his life or freedom is threatened. Asylum privilege given by one state to an individual who seeks sanctuary and protection in territory of that state. Act of State Doctrine court of one state will not sit in judgment over acts of government of another state done in its territory. Most Favored Nation pledge made by a contracting party to a treaty to grant to other party treatment not less favorable than that which had been given or may be granted to the most favored among parties. Treaty formal agreement, usually but not necessarily in writing which is entered into by states or entities possessing treaty-making capacity, for purpose of regulating their mutual relations under the law of nations. Requisites of Treaty: 1. entered into by parties having treaty-making capacity; 2. through their authorized organs or representatives; 3. without attendance of duress, fraud, mistake or other vice of consent; 4. on lawful subject; and 5. in accordance with their respective constitutional processes. KEY: S C2 A D Steps in Treaty-making Process: 1. Negotiation; 2. Signature; 3. Ratification;

4. Exchange of instruments of ratification; and 5 Registration with UN. Doctrine of Unequal Treaties treaties which have been imposed in an unequal character, arc void. Doctrine of Jus Cogens a treaty may be invalid if the provisions thereof run contrary to the principles of general customary law or conventional international law (perintory norm). Concordat a treaty or agreement between ecclesiastical and civil powers to regulate the relations between the church and the state in those matters which, in some respect are under the jurisdiction of both. Pacta Sunt Servanda treaties must be observed in good faith Rebus Sic Stantibus legal principle which would justify non-performance of treaty obligations where an unforeseen or substantial changes occur which would render one of the parties thereto unable to undertake treaty obligations as stipulated therein. Termination of Treaty: 1. expiration of term; 2. accomplishment of purpose; 3. impossibility of performance; 4. loss of subject matter; 5. novation; 6. desistance of parties; 7. extinction of one of parties, if treaty is bipartite; 8. occurrence of vital change of circumstance; 9. outbreak of war; and 10. voidance of treaty. KEY: NEW DEVIL (made) VITAL ACCOMPLISHMENT Statelessness condition or status of individual who is born without any nationality or who loses his nationality without retaining or acquiring another. Treatment of Stateless Individual international conventions provide that stateless individuals are to be treated more or less like the subjects of a foreign state. Refugees any person who is outside the country of his nationality or if he has no nationality, the country of his former habitual residence, because he has or had well-founded fear of persecution by reason of his race, religion, nationality or political opinion and is unable or, because of such fear, is unwilling to avail himself of the protection of the government of the country of his nationality, or if he has no nationality, to return to the country of his former habitual residence Reintegration recovery of nationality by individuals who are natural born citizens of a state, but who lost their nationalDoctrine of State Responsibility state may be held liable I for injuries and damages sustained by the alien while in the : territory of the state for: (a) international delinquency; (b) I directly or indirectly imputable to it; and (c) which causes injury to the national of another state. Direct State Responsibility where the international delinquency was committed by superior government officials or organs like the chief of state or the national legislature, liability will attach immediately as their acts may not be effectively prevented or reversed under the constitution or laws of the state. Indirect State Responsibility where the offense is committed by inferior government official or by private individuals, the state will be held liable only if, by reason of its indifference in preventing or punishing it, it can be considered to have connived in effect in its commission. international Standard of Justice the standard of the reasonable state that is, as referring to the ordinary norms of official conduct observed in civilized jurisdiction.

Calvo Clause provision frequently inserted in contracts where nationals of another state renounce any claim upon his national state for protection. Calvo Doctrine no state is responsible for losses suffered as a result of insurrection or civil war. Extratradition surrender of a fugitive by one state to another where he is wanted for prosecution or, if already convicted, for punishment. Surrender is made at request of latter state on basis of extradition treaty. Attentat Clause assassination of head of state or any member of his family is not regarded as political offense for purposes of extradition. Also for the crime of genocide. Deportation expulsion of an alien considered undesirable by local state, usually but not necessarily to his own state. Specialty a fugitive may be tried or punished only for a crime specified in extradition treaty and in the request for extradition. Genocide acts committed with intent to destroy, in whole and in part a national, ethnic, racial, or religious group by: 1. killing members of the group; 2. deliberately inflicting on group conditions of life calculated to bring about its physical destruction in whole or in part; 3. imposing measures intended to prevent births within the group; 4. causing serious bodily or mental harm to members of the group; and 5. forcibly transferring children of the group to another group. Lawful Intervention interference by one state in domestic affair of another for purpose of maintaining status quo or altering conditions obtaining therein. Kinds: 1. Humanitarian intervention valid when a state treats its people in such a way as to deny them fundamental human rights shocking the conscience of mankind; 2. Protectorate agreement when a state enters into a protectorate agreement or treaty with another permit ting another to intervene; 3. Invitational intervention when one state invites or requests another to interfere; 4. Collective intervention under UN Charter; and 5. Abatement doctrine when conditions in a territory of a neighboring state assumes uncontrollable anarchy and disorder such that it may spread to neighboring state, the states affected may validly interfere provided it was not for selfish aims or territorial aggrandizement. Unlawful Intervention, example: subversive intervention employment of subtle activities which are designed to undermine political, economic and existing social order of another state; International Dispute actual disagreement between states regarding conduct to be taken by one of them for protection or vindication of interest of other. Amicable Methods of Settling Disputes: 1. Negotiation discussion by parties themselves of their respective claims and counterclaims with a view to their just and orderly adjustment; 2. Inquiry investigation of points in question on theory that their elucidation will contribute to solution of problem; 3. Good offices method by which a 3rd party attempts to bring disputing states together in order that they may be able to discuss issues in contention;

4. Mediation mediator does not only provide opportunity for states to negotiate but also actively participates in the discussions in order to reconcile their conflicting claims and appease their feelings of resentment; 5. Conciliation involves active participation of third party in attempt of disputants to settle their conflict, and recommendations offered by it are likewise not binding; 6. Arbitration process by which solution of dispute is entrusted to an impartial tribunal usually created by parties themselves under charter known aa compromise. which also provides for composition of body and its rules of proceedings, delineates issues to be decided and sometimes specifies beforehand law to be applied in decision 7. Judicial settlement; and 8. Resort to regional and international organizations. KEY: JC MARGIN Optional Jurisdiction Clause In ICJ: Art. 36, Statute of ICJ, which provides that: "2. state/parties to present Statutes may, at any time, declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting same obligation, jurisdiction of court in all legal disputes concerning: a. interpretation of treaty; b. any question of international law; c. existence of any fact which, if established, would constitute breach of international obligation; and d. nature or extent of reparation to be made for breach of international obligation. Retorsion retaliation where acts complained of do not constitute legal ground of offense but are rather in nature of unfriendly acts done in pursuance of legitimate state interest but indirectly hurtful to other states. Reprisal unlawful acts taken by one state in retaliation for also unlawful acts of another state, purpose being to bring offending state to terms. Common Acts of Reprisals: 1. Display of force; 2. Embargo; 3. Pacific blockade: 4. Occupation of territory; and 5. Suspension of treaties. Embargo detention by state seeking redress of vessels of offending state or its nationals, whether such vessels are found in territory of former or in the highseas. Arret de Prince form of embargo detaining foreign ships to prevent spread of news which are political in nature. war armed contention between public forces of states or other belligerent communities implying employment of force between parties for purpose of imposing their respective demands upon each other. basic Principles of War: 1. Principle of Military necessity belligerents may employ any amount and kind of force to compel complete submission of enemy with least possible loss of lives, time and money;

2. Principle of Humanity prohibits use of any measure that is not absolutely necessary for purposes of war; and 3. Principle of Chivalry basis of such rules as those that require belligerents to give proper warning before launching a bombardment or prohibit use of perfidy (treachery) in conduct of hostilities. Levee en masse spontaneous taking of arms by people of an occupied territory which has not yet been captured by enemy forces to defend themselves against invaders. Requisition order issued on the authority of the commander of the locality occupied commandeering private properties therein. Androlepsy taking by one nation of the citizens or subjects of another, in order to compel the latter to do justice to the former. (Wolff. 1164; Molloy, de Jure Lar. 26.) Belligerent Occupation - incident of war which occurs when territory of one belligerent is placed under authority and control of invading forces of other belligerent. it' Laissez Passer safe-conduct. Postliminium right by which persons or things taken by enemy are restored to former state upon coming into power of nation to which they belong. Cartel agreement to regulate intercourse during war on such matters as postal and telegraphic communication, reception of flag of truce and exchange of prisoners. Anti-Manifesto declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive. Termination of War: 1. simple cessation of hostilities; 2. conclusion of a negotiated treaty of peace; and 3. defeat of one of belligerents. Neutrality condition of state that does not take part, directly or indirectly in war between other states. Casus Foedoris when two nations have formed a treaty of alliance, in anticipation of a war or other difficulty with another, and it is required to determine the case in which the parties must act in consequence of the alliance. Distinctions Neutrality 1. Dependent on attitude of neutral state which is free to join either of belligerents anytime it sees fit other states 2. Governed by law of nations 3. Obtains only during war 4. Only states may become neutral Neutralization 1. Result of treaty wherein duration and other conditions are agreed upon by neutralized state and 2. Governed by neutralization agreement 3. Intended to operate in peace and in war 4. Applicable to portion of state Doctrine of Ultimate Destination authorizes confiscation of contrabands based on ultimate destination of goods. Doctrine of Infection contrabands are shipped together with innocent goods belonging to same person may be confiscated.

Doctrine of Ultimate Consumption goods intended for civilian use which may ultimately find their way to and be consumed by belligerent forces may be seized on the way. Doctrine of Continuous Voyage goods reloaded at an intermediate port on the same vessel, or reloaded on another vessel or other forms of transportation may also be seized on the basis of the doctrine of ultimate consumption. Angary belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offense or defense neutral property found in its territory, in enemy territory or on high seas. International Environmental Law the study of the norms and institutions provided by the international legal system that regulates environmental change directly or indirectly attributable to human activity and perceived by the international community to have a detrimental effect on valued human interests. Two Dimensions: a. Law of Pollution additive process of human activity. b. Law of Spoliation extraction of natural resources from their natural setting roldan g. gorgonio