I.

GENERAL PRINCIPLES
A. Political Law

branch of public law which deals with the

organization and operations of the governmental organs of the State and
defines the relations of the State with the inhabitants of its territory.

B. Scope/Division
1)Constitutional Law study of the maintenance of the proper balance
between authority as represented by the 3 inherent powers of the State
and liberty as guaranteed by the Bill of Rights
2)Administrative Law Fixes the organization of the government;
Determines the competence of the administrative authorities who execute
the law; and Indicates to the individuals remedies for the violation of his
right.
3)Law on Municipal Corporations
4)Law of Public Officers
5)Election Law

C. Basis of the Study

1)1935 and 1973 Constitution
2)1986 Constitution
3)Other organic laws made to apply in the Philippines
4)Statutes, EOs and decrees, judicial decisions
5)US Constitution

II. THE PHILIPPINE CONSTITUTION

A. Nature of the Constitution
1. Constitution defined. The body of rules and maxims in accordance with
which the powers of sovereignty are habitually exercised.
That written instrument enacted by the direct action of the people, by which
the fundamental powers of the government are established, limited and
defined; and by which those powers are distributed among several
departments for their safe and useful exercise for the benefit of the body
politic.
2. Purpose:
To prescribe permanent framework of a system of government;
To assign to several departments their respective powers and duties; and
To establish certain first principles on which the government is founded
3. Classification
Written precepts are embodied in one document/ set of documents
Unwritten rules which have not been integrated into a single, concrete
form but are scattered in various sources (statutes, judicial decisions,
commentaries, customs and traditions, common law principles).
Enacted (Conventional) formally struck off at a definite time and
place following a conscious or deliberate effort taken by a constituent
body or ruler.
Evolved (Cumulative) result of political evolution, changing by
accretion rather than by any systematic method.
Rigid amended only by formal and usually difficult process
Flexible changed by ordinary legislation
4. Qualities of a good written Constitution
1) Broad it must be comprehensive enough to provide for every
contingency.
2) Brief it must confine to basic principles to be implemented with
legislative details more adjustable to change and easier to amend
3) Definite To prevent ambiguity in its provisions which could result in
confusion and divisiveness among the people.
5. Essential parts of a good written Constitution
1) Constitution of Liberty The series of prescriptions setting forth the
fundamental civil and political rights of the citizens and imposing
limitations on the powers of the government as a means of securing the
enjoyment of those rights.
2) Constitution of Government The series of provisions outlining the
organization of the government; enumerates its powers; and lay down
rules relative to its administration and defining the electorate.
3) Constitution of Sovereignty The provisions points out the mode or
procedure in accordance with formal changes in the fundamental law
may be brought about
6. Interpretation/Construction of the Constitution
Verba legis: the words used in the constitution must be given their
ordinary meaning except where technical terms are employed

Ratio legis et anima: The words of the constitution should be

interpreted in accordance with the intent of the framers, bearing in
mind the objects sought to be accomplished and evils sought to be
prevented; doubtful provision shall be examined in light of the history
of the times and the conditions and circumstances under which the
Constitution was framed
Ut magis valeat quam pereat: The Constitution has to be interpreted
as a whole
Safer to construe the Constitution from what appears upon its face. If,
however, the plain meaning of the word is not found to be clear, resort to
other aids is available.
In case of doubt, consider provisions as self-executing; mandatory rather
than directory; and prospective rather than retroactive.
Self-executing provisions: A provision which is complete in itself and
becomes operative without the aid of supplementary or enabling
legislation, or that which supplies a sufficient rule by means of which
the right it grants may be enjoyed or protected, is self-executing.
Self-executing if the nature and extent of the right conferred and liability
imposed are fixed by the Constitution itself.
Section 26, Article II of the Constitution does NOT contain judicially
enforceable constitutional rights.
7. The doctrine of Constitutional Supremacy If a law or a contract
violates any norm of the Constitution, that law or contract, whether
promulgated by the legislative or the executive branch of Government or
entered into by private persons for private purposes, is null and void, and
without any force and effect. Since the Constitution is the supreme law of
the land, it is deemed written in every statute and every contract.

B. Brief Constitutional History

1)Malolos Constitution
2)American Regime and Other Organic Acts
3)1935 Constitution
4)Japanese Occupation
5)1973 Constitution
6)1987 Constitution

C. Amendment vs Revision
Revision broadly implies a change that alters a basic principle in the
Constitution, like altering the principle of separation of powers or the
system of checks and balances.
Generally affects several provisions of the Constitution
Amendment broadly refers to a change that adds, reduces, deletes, without
altering the basic principle involved.
Generally affects only the specific provision being changed.
In determining whether the proposal involves an amendment or revision,
the Court considered the two-part test.
1)Quantitative test asks whether the proposed change is so extensive in
its provisions as to change directly the substance entirety of the
Constitution by the deletion or alteration of numerous provisions. The
Court examines only the number of provisions affected and does not
consider the degree of the change.
2)Qualitative test which inquires into the qualitative effects of the
proposed change in the Constitution. The main inquiry is whether the
change will accomplish such far-reaching changes in the nature of our
basic governmental plan as to amount to a revision.
3. Steps in the amendatory process:
a. Proposal. The adoption of the suggested change in the Constitution. A
proposed amendment may come from:
i. Congress, of ALL its members understood as of Senate
and of HRs
ii. Constitutional Convention, called into existence by 2/3 vote of
all the members of Congress or by a majority vote of all members
fo Congress with the question of whether or not to call a
convention to be resolved by the people in a plebiscite
Three theories on the position of a Constitutional convention vis--vis the
regular departments of government:
a. Theory of Conventional Sovereignty;
b. Convention is inferior to the other departments;
c. Independent of and co-equal to the other departments.

iii. People through Power of Initiative, Requisite: petition of at least

12% of the total number of registered voters, of which every
legislative district must be represented by at least 3% of the
registered voters therein power of the people to propose
amendments to the Constitution or to propose and enact legislation
through an election called for that purpose
Limitation: No amendment w/in 5 years following the ratification of this
Constitution nor more than once every five years thereafter.
Initiative is the power of the people to propose amendments to the
Constitution or to propose and enact legislation through an election called
for that purpose
3 systems of initiative:
1. Initiative on the Constitution: which refers to a petition proposing
amendments to the Constitution;
2. Initiative on Statutes: which refers to a petition proposing to enact a
national legislation;
3. Initiative on Local Legislation: which refers to a petition proposing to
enact a regional, provincial, city, municipal or barangay law, resolution
or ordinance
Indirect Initiative is exercise of initiative by the people through a
proposition sent to Congress or the local legislative body for action.
Procedure: The essence of amendments directly proposed by the people
through initiative upon a petition is that the entire proposal on its face is a
petition of the people. Thus, two essential elements must be present:
1) The people must author and sign the entire proposal; no agent or
representative can sign in their behalf.
2) As an initiative upon a petition, the proposal must be embodied in the
petition.
Peoples initiative applies only to an amendment, not a revision, of the
Constitution. A peoples initiative can only proposed amendments to the
Constitution, inasmuch as the Constitution itself limits initiatives to
amendments, as shown by the deliberations of the Constitutional
Commissions.
Choice of method of proposal is within the full discretion of the legislature
Ratification: The proposed amendment shall become part of the
Constitution when ratified by a majority of the votes cast in a plebiscite
held not earlier than 60 nor later than 90 days after the approval of the
proposal by Congress or the Constitutional Convention, or after the
certification by the COMELEC of the sufficiency of the initiative.
Doctrine or proper submission: Constitution prescribes the time frame
within which the plebiscite is to be held, there can no longer be any
question on whether the time given to the people to determine the merits
and demerits of the proposed amendment is adequate.
Plebiscite may be held on the same day as a regular election.
The use of the word Election in the singular meant that the entire
Constitution must be submitted for ratification at one plebiscite only;
furthermore, the people have to be given a proper frame of reference in
arriving at their decision.
Judicial Review of Amendments The question is now regarded as
subject to judicial review because invariably the issue will boil down to
whether or not the constitutional provisions had been followed.

D. The Power of Judicial Review

Judicial Review power of the courts to test the validity of executive and
legislative acts in light of their conformity with the Constitution.
The power is inherent in the Judicial Department, by virtue of the doctrine
of separation of powers. The duty remains to assure that the supremacy of
the Constitution is upheld..
That duty is part of the judicial power vested in the courts by an express
granted under Section 1, Article VII of the Constitution: Judicial power
includes the duty of the 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.
Who may exercise
Art VIII of the Constitution recognizes the power of the SC to decide
constitutional questions.

Constitutional appellate jurisdiction of the SC and implicitly recognizes

the authority of lower courts to decide questions involving the
constitutionality of laws, treaties, agreements, etc.
It is settled that RTCs have jurisdiction to resolve the constitutionality of
a statute this authority being embraced in the general definition of the
judicial power to determine what are valid and biding laws by the
criterion of their conformity with the fundamental law.
However in all actions assailing the validity of a statute, treaty, presidential
decree, order or proclamation --- and not just in actions involving
declaratory relief and similar remedies --- notice to SolGen is mandatory as
required in sec 3 Rule 64 of the Rules of Court. The purpose is to enable
him to decide whether or not his intervention in the action is necessary. To
deny such notice would be tantamount to depriving him of his day in court.
Functions of Judicial Review
1) Checking
2) Legitimizing
3) Symbolic
Political questions are, ordinarily, outside the pale of judicial review.
The term political question connotes what it means in ordinary parlance,
namely a question of policy. It refers to 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
legislative or executive branch, of government. It is concerned with issues
dependent upon the wisdom, not legality, of a particular measure.
Requisites
1. Actual case or controversy
Constitutional question must be raised by the proper party
A partys standing in court is a procedural technicality which may be set
aside by the Court in view of the importance of the issues involved;
paramount public interest/transcendental importance
Present substantial interest such interest of a party in the subject matter
of the action as will entitle him under substantive law, to recover of the
evidence is sufficient, or that he has a legal title to defend and the defendant
will be protected in payment to or recovery from him.
A taxpayer, or group of taxpayers, is a proper party to question the validity
of a law appropriating public funds.
2 Requisites for Taxpayers Suit:
Public funds are disbursed by a political subdivision or instrumentality
A law is violated or irregularity is committed
Petitioner is directly affected by the ultra vires act
The Government is a proper party to question the validity of its own laws,
because more than any one, it should be concerned with the
constitutionality of its acts
The established rule is that a party can question the validity of a statute only
if, as applied to him, it is unconstitutional.
Exception: Facial Challenge, when it operates in the area of freedom of
expression.
Overbreadth Doctrine: permits a party to challenge the validity of a statute
even though, as applied to him, it is not unconstitutional, but it might be if
applied to other not before the Court whose activities are constitutionally
protected.
Invalidation of the statute on its face, rather than as applied is
permitted in the interest of preventing a chilling effect on freedom of
expression.
Facial challenge is the most difficult challenge because the challenge must
establish that no set of circumstances exists under which the act would be
valid.
The constitutional question must be raised at the earliest possible
opportunity
The decision on the constitutional question must be determinative of the
case itself.
Bars judicial inquiry into a constitutional question unless the resolution is
indispensable to the determination of the case.
Every law has in its favor the presumption of constitutionality, and to
justify its nullification, there must be a clear and unequivocal breach of the
Constitution.
Effects of Declaration of Unconstitutionality
Orthodox View: unconstitutional act is not a law, it confers no rights and
imposes no duties; it affords no protection, creates no office; it is
inoperative as if it had not been passed at all.
Modern View: certain legal effects of the statute prior to its declaration of
unconstitutionality may be recognized.
Partial Unconstitutionality
Legislature must be willing to retain the valid portions separability
clause
Valid portion can stand independently as law

III. THE PHILIPPINES AS A STATE

State: a community of persons, more or less numerous, permanently
occupying a definite portion of territory, independent of external control
and possessing a government to which a great body of inhabitants render
habitual obedience.
State is a legal or juristic concept; nation is an ethnic or racial concept.
Government is an instrumentality of the State through which the will of the
State is implemented and realized.
Elements:
People
Territory
Components:
Terrestrial
Fluvial
Maritime
Aerial
Government
Sovereignty
Archipelago Doctrine: the waters around, between and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
Straight Baseline Method: Imaginary straight lines are drawn joining the
outermost points of outermost islands of the archipelago, enclosing an area
the ratio of which should not be more than 9:1; provided that the drawing of
the baselines shall not depart, to any appreciable extent, from the general
configuration of the archipelago.
Functions of the Government:
Constituent mandatory for the Government to perform because they
constitute the very bonds of society
Ministrant intended to promote the welfare, progress and prosperity of the
people and which are merely optional for Government to perform
Doctrine of Parens Patriae: parents of the people; the Government may act
as guardian of the rights of the people who may be disadvantaged or
suffering from some disability or misfortune.
Classification
De jure
De facto Kinds
Takes possession or control of, or usurps, by force or by the voice of the
majority, the rightful legal government and maintains itself against the will
of the latter;
Established by the inhabitants of a territory who rise in insurrection against
the parent state; and
Established by invading forces of an enemy who occupy a territory in the
course of war (de facto government of paramount force).
Presidential separation of executive and legislative powers
Parliamentary fusion of both executive and legislative in
Parliament; actual
exercise of executive powers is vested in a Prime
Minister who is chosen by, and accountable to the Parliament
Unitary
Federal
Sovereignty: supreme and uncontrollable power inherent in a State by
which that State is governed
Kinds:
Legal power to issue final commands
Political sum total of all the influences which lie behind the law
Internal supreme power over everything within the territory
External/Independence freedom from external control
Characteristics:
Permanence
Exclusiveness
Comprehensiveness
Absoluteness
Indivisibility
Inalienability
Imprescriptibility
Effects of Change in Sovereignty: Political laws are abrogated;
municipal laws
remain in force
Effects of Belligerent Occupation: No change in sovereignty.
Political laws, except the law on treason, are suspended;
Municipal laws remain in force unless repealed by belligerent occupant;

At the end of belligerent occupation, political laws shall automatically

become effective again (doctrine of jus postliminium)
Dominium capacity to acquire or own property
Imperium authority possessed by the State embraced in the
concept of sovereignty
Jurisdiction
Territorial: power of the State over persons and
things within its territory.
Exemption:
Foreign states, head of states, diplomatic representatives and consuls to a
certain degree;
Foreign state property, including embassies, consulates and public vessels
engaged in non-commercial activities;
Acts of state
Foreign merchant vessels exercising the rights of innocent passage or
involuntary entry such as arrival under stress
Foreign armies passing through or stationed in its territory with its
permission; and
Other persons or property, including organizations like the UN, over which
it may, by agreement, waive jurisdiction.
Personal: power of the State over its nationals, which
may be exercised by the State even of the individual is outside the territory
of the State.
Extraterritorial: power exercised by the State beyond
its territory,
example:
Assertion of its personal jurisdiction over its nationals abroad or the
exercise of its right to punish offenses committed outside its territory
against its national interests even if the offenders are non-resident aliens;
By virtue of its relations with other states/territories (as when it establishes
a colonial protectorate or a condominium or administers a trust territory or
occupies enemy territory in the course of war);
Local state waives jurisdiction over persons and things within its territory;
Principle of extraterritoriality
Enjoyment of easements or servitudes (easement of innocent passage or
arrival under stress)
Exercise of jurisdiction by the state in the high seas over its vessels, over
pirates, in the exercise of the right to visit and search, and under doctrine or
hot pursuit;
Exercise of limited jurisdiction over the contiguous zone and the
patrimonial sea, to prevent infringement of its customs, fiscal, immigration
or sanitary regulations.
State Immunity from Suit: The State cannot be sued without its consent.
Royal Prerogative of Dishonesty: There can be no legal right against the
authority which makes the law on which the right depends. It may be sued
if its gives consent.
Par in parem non habet imperium: Immunity is enjoyed by other States.
The Head of the State, who is deemed the personification of the State, is
inviolable and enjoys immunity.
Test to Determine if Suit is Against the State
Whether it requires an affirmative act from the state.
Suit against Government Agencies
Incorporated if the charter provides that the agency can sue and be sued,
then suit will lie, including one for tort. The provision in the charter
constitutes express consent on the part of the State to be sued.
Municipal corporations, agencies of the state when they are engaged in
governmental functions and should enjoy sovereign immunity from suit.
They are subject to suit even in the performance of such functions because
their respective charters provide that they can sue and be sued. (Section 22
LGC)
Unincorporated inquire into the principal functions
If governmental: no suit without consent
If proprietary: suit will lie, because when the State engages in principally
proprietary functions, then it descends to the level of a private individual,
and may therefore be vulnerable to suit.
Suit Against Public Officers: The doctrine of state immunity also applies to
complaints filed against officials of the State for acts performed by them in
the discharge of their duties within the scope of their authority.
Exceptions: (may be sued without prior consent from State)
to compel him to do an act required by law;
to restrain him from enforcing an act claimed to be unconstitutional;
to compel the payment of damages from an already appropriated assurance
fund or to refund tax over-payments from a fund already available for the
purpose;
to secure a judgment that the officer impleaded may satisfy by himself
without the State having to do a positive act to assist him;

where government itself has violated its own laws, because the doctrine of
state immunity cannot be used to perpetrate an injustice
Where a public officer has committed an ultra vires act, or there is a
showing of bad faith, malice or gross negligence, then the officer can be
held personally accountable.
In order that suit may lie against the state, there must be consent. Where no
consent is shown, state immunity from suit may be invoked as a defense by
the courts sua sponte at any stage of the proceedings.
Express consent: general law or special law
Implied consent
state commences a litigation
state enters into a business contract
Scope of consent: consent to be sued does not include consent to the
execution of judgment against it. Such execution will require another
waiver.
Suability is not equated with outright liability. Liability will have to be
determined by the court on the basis of the evidence and the applicable law.
IV. FUNDAMENTAL POWERS OF THE STATE
Inherent powers of the State
Police Power
Eminent Domain
Power of Taxation
Similarities
inherent in the state, without need of express constitutional grant
necessary and indispensable
methods by which the state interferes with private property
presupposes equivalent compensation
exercised primarily by legislature
Distinctions
Police power regulates liberty and property
Eminent domain and taxation affects only property rights
Police power and taxation are exercised only by government
Eminent domain may be exercised by private entities
Property taken in police power is usually noxious or intended for noxious
purposes and may be destroyed
In eminent domain and taxation, the property is wholesome and
devoted to public
use/purpose.
Compensation in police power is the intangible, altruistic feeling that the
individual has contributed to the public good;
In eminent domain, it is the full and fair equivalent of the
property taken;
In taxation, it is the protection given and/or public
improvements instituted by
government for taxes paid.
Limitations
Bill of Rights
Courts may annul improvident exercise of police power
Police Power
Power of promoting public welfare by restraining and regulating the use of
liberty and property.
Most pervasive, least limitable and most demanding of the three powers.
Justification: salus populi est suprema lex and sic utere tuo ut alienum non
laedas
Who may exercise?
Inherently vested in Legislature
Congress may validly delegate this power to the President, administrative
bodies and to lawmaking bodies of LGUs.
LGUs exercise this power under the general welfare clause
Limitations (test for valid exercise)
Lawful subject: interest of the public; activity or property sought to be
regulated affects the general welfare; if it does then the enjoyment of the
rights flowing therefrom may have to yield to the interest of the greater
number.
Lawful means: means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive on individuals.
Express grant by law
Within territorial limits (for LGUs except when exercised to protect water
supply)
Must not be contrary to law
For Municipal Ordinances to be Valid:
Must not contravene the Constitution or the statute
Must not be unfair or oppressive

Must not be partial or discriminatory

Must not prohibit but may regulate trade
Must not be unreasonable
Must be general in application and consistent with public policy
Power of Eminent Domain (Power of Expropriation)
Jurisdiction
RTC
Who may exercise the power
Congress
By delegation, the President, administrative bodies, LGUs and even private
enterprises performing public services
Requisites
Necessity
Private Property, except money and choses in action
Taking in the constitutional sense
Public use
Just Compensation full and fair equivalent of the property taken; fair
market value of the property
Judicial Prerogative
Ascertainment of what constitutes just compensation for property taken in
eminent domain cases is a judicial prerogative.
Form of Compensation
Paid in money and no other form.
In agrarian reform, payment is allowed to be made partly in bonds because
under the CARP, we do not deal with the traditional exercise of the power
of eminent domain; we deal with a revolutionary kind of expropriation.
Reckoning point of market value of the property
Date of the taking or the filing of the complaint, whichever comes first.
Principal criterion in determining just compensation
Character of the land at the time of the taking
Entitlement of owner to interest
When there is delay in the payment of just compensation, the owner is
entitled to payment of interest if claimed; otherwise, interest is deemed
waived;
Interest is 6% per annum, prescribed in Article 2209 of the CC, NOT 12%
per annum under Central Bank Circular No. 416, latter applies to loans or
forbearances of money, goods or credits or judgments involving such loans
or forbearance of money, goods or credits. The kind of interest here is by
way of damages.
In some expropriation cases, the court imposes 12% damages for delay
in payment which, in effect, makes the obligation on the part of government
one of forbearance.
Who else may be entitled to just compensation
Owner
Those who have lawful interest
Title to the property
Does not pass until after payment
Right of landowner in case of non-payment of just
compensation
Does not entitle to recover possession of the expropriated lots
Only to demand payment of the FMV of the property
Due process of law
Defendant must be given an opportunity to be heard
Writ of Possession, ministerial upon:
Filing of complaint for expropriation sufficient in form and substance
Upon deposit by the government of the amount equivalent to 15% of the
FMV of the property per current tax declaration
The plaintiffs right to dismiss the complaint has always been
subject to Court
approval and to certain conditions, because the
landowner may have already
suffered damages at the start of the
taking.
Right to repurchase or re-acquire the property
Property owners right to repurchase the property depends upon the
character of the title acquired by the expropriator: if land is expropriated for
a particular purpose with the condition that when that purpose is ended or
abandoned, the property shall revert to the former owner, the former owner
can re-acquire the property.

Lands for socialized housing are to be acquired in the following order:

Government lands
Alienable lands of the public domain
Unregistered, abandoned or idle lands;
Lands within the declared Areas for Priority Development, Zonal
Improvement Program sites, Slum Improvement and Resettlement sites
which have not yet been acquired;
BLISS sites which have not yet been acquired; and
Privately owned lands
The mode of expropriation is subject to 2 conditions:
Resorted to only when the other modes of acquisition have been exhausted
Parcels owned by small property owners are exempt from such acquisition
Small property owners:
Owners of residential lots not more than 300 sq. m. in highly urbanized
cities and not more than 800 sq. m. in other urban areas
They do not own residential property other than the same
Power of Taxation
Who may exercise
Legislature
Local legislative bodies
To a limited extent, the President, when granted delegated tariff powers
Limitations on the exercise
Due process of law, must not be confiscatory
Equal protection clause, must be uniform and equitable
Public purpose
Double taxation
Additional taxes are laid on the same subject by the same taxing
jurisdiction during the same taxing period and for the same purpose.
Tax Exemptions
No law granting tax exemption shall be passed without the concurrence of a
majority of all the Members of Congress.
Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings and
improvements actually, directly and exclusively used for religious,
charitable or educational purposes exempt
Revenues and assets of non-stock, non-profit educational institutions used
actually, directly and exclusively for educational purposes exempt
Proprietary educational institutions may be exempt subject to limitations
provided by law
Grants, endowments, donations, or contributions used actually, directly, and
exclusively for educational purposes exempt
Police Power vs. Taxation
License fee v. Tax license fee is a police measure; tax is revenue
measure
Amount collected for a license fee is limited to the cost of permit and
reasonable police regulation (except when the license fee is imposed on a
non-useful occupation); amount of tax may be unlimited provided it is not
confiscatory
License fee is paid for the privilege of doing something and may be
revoked when public interest so requires; tax is imposed on persons or
property for revenue
Kinds of license fee
For useful occupation/enterprises
Non-useful occupation/enterprises (when used to discourage, it may be a bit
exorbitant)
V. PRINCIPLES AND STATE POLICES
Preamble
Does not confer rights nor impose duties
Indicates authorship of the Constitution
Enumerates the primary aims and aspirations of the framers
Serves as an aid in the construction of the Constitution
Republicanism
The Philippines is a democratic and republican state. Sovereignty resides in
the people and all government authority emanates from them.
Essential features
Representation
Renovation
Manifestations
Government of law and not of men
Rule of majority

Accountability of public officials

Bill of rights
Legislature cannot pass irrepealable laws
Separation of powers
Purpose
To prevent concentration of authority in one person or group of persons that
might lead to an irreversible error or abuse in its exercise to the detriment
of republican institutions.
Principle of Blending of Powers
Instances when powers are not confined exclusively within one department
but are assigned to or shared by several departments.
Principle of Checks and Balances
This allows one department to resist encroachments upon its prerogatives or
to rectify mistakes or excesses committed by the other departments.
Doctrine of Necessary Implication
Absence of express conferment, the exercise of the power may be justified
under this doctrine, that the grant of an express power carries with it all
other powers that may be reasonably inferred from it.
A purely justiciable question implies a given right, legally demandable and
enforceable, an act or omission violative of such right, and a remedy
granted and sanctioned by law for said breach of right.
Political question is a question of policy. It refers to 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 legislative or executive branch of government. It is
concerned with issues dependent upon wisdom, not legality of particular
measure.
Delegation of powers
Potestas delegate non potest delegare
Delegated power constitutes not only a right but a duty to be performed by
the delegate through the instrumentality of his own judgment and not
through the intervening mind of another.
Permissible delegation
Tariff powers to the president
Emergency powers to the president (in times of war or national emergency)
Delegation to the people specific provisions where the people have
reserved to themselves the function of legislation
Referendum: power of the electorate to approve or reject legislation
through an election called for the purpose; referendum on statutes and
referendum on local law
Plebiscite: electoral process by which an initiative on the Constitution is
approved or rejected by the people.
Delegation to LGUs
Delegation to Administrative Bodies power of subordinate legislation
Tests for valid delegation
Completeness test: the law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left
for the delegate to do when it reaches him except to enforce it.
Sufficient standard test: intended to map out the boundaries of the
delegates authority by defining the legislative policy and indicting the
circumstances under which it is up be pursued and effected; the standards
usually indicated in the law delegating legislative power.
The Incorporation Clause
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 police of peace, equality, justice, freedom,
cooperation and amity with all nations.
Independent foreign policy and nuclear-free Philippines
Expiration of Bases Agreement
Renunciation of War
Covenant of the League of Nations
Kellogg-Briad Pact of 1928
Charter of the United Nations
Doctrine of Incorporation our courts have applied the rules of
international law in a number of cases even of such rules had not previously
been subject of statutory enactments, because these generally accepted
principles of international law are automatically part of our own laws.
Civilian Supremacy
Civilian authority is, at all times supreme over the military. The AFP is the
protector of the people and the State. Its goal is to secure the sovereignty pf
the State and integrity of the national territory.
Duty of Government; people to defend the State
The prime duty of the Government is to serve and protect the people.

The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided
by law, to render personal military or civil service.
The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.

Land reform
State shall promote comprehensive rural development and agrarian reform.
Indigenous cultural communities
State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.

Right to Bear Arms: statutory, not constitutional right.

Separation of Church and State
Freedom of religion clause
Religious sect cannot be registered as political party
No sectoral representative from the religious sector
Prohibition against appropriation for sectarian benefit
Exceptions
Section 28(3), Article 6: Exemption from taxation
Section 29(2), Article 6: Prohibition against sectarian benefit, except when
priest is assigned to the armed forces or to any penal institution or
government orphanage or leprosarium
Section 3(3), Article 14: Optional religious instruction for public
elementary and high school studies
Section 4(2), Article 14: Filipino ownership requirement to educational
institutions, except those established by groups and mission boards
Independent Foreign Policy and Nuclear-free Philippines
State shall pursue an independent foreign policy. In relations with other
states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest and the right to self-determination.
The Philippines consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
Just and dynamic social order
State shall promote a just and dynamic social order that will ensure
prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full
employment, a rising standard of living and an improved quality of life for
all.
Promotion of Social Justice
Promote social justice in all phases of national development
Respect for human dignity and human rights
State values the dignity of every human person and guarantees full respect
for human rights.
Family and Youth
The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character
shall receive support of the Government.
The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual and social
well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
Fundamental equality of men and women
State recognizes the role of women in nation-building and shall ensure the
fundamental equality before the law of men and women.
Promotion of health and ecology
State shall protect and promote the right to health of the people and instill
health consciousness among them.
The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
Priority to education, science, technology, etc.
State shall give priority to education, science and technology, arts, culture
and sports, to foster patriotism and nationalism, accelerate social progress,
and promote total human liberation and development.
Protection to Labor
State affirms labor as a primary social economic force. It shall protect the
rights or workers and promote their welfare.
Self-reliant and independent economic order
State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.
The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provide incentives to needed
investments.

Independent peoples organizations

State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Communication and information in nation-building
State recognizes the vital role of communication and information in nationbuilding.
Autonomy of local governments
State shall ensure the autonomy of local governments.
Decentralization and does not make the local governments sovereign within
the State or an imperium in imperio.
Decentralization of administration: delegation of administrative powers to
the LGU in order to broaden the base of governmental powers.
Decentralization of power: abdication by the national government of
governmental powers.
Equal access of opportunities for public service
State shall guarantee equal access of opportunities for public service and
prohibit political dynasties as may be defined by law.
Honest public service and full public disclosure
State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
VI. BILL OF RIGHTS
Definition
Set of prescriptions setting forth the fundamental civil and political rights
of the individual, and imposing limitations on the powers of government.
Generally, any government action in violation of the Bill of Rights is void.
Generally self-executing.
Civil Rights
Right that belong to every citizen of the state or country and are not
connected with the organization or administration of government.
Political Rights
Right to participate, directly or indirectly, in the establishment or
administration of government.
Due Process of Law: No person shall be deprived of life, liberty or property
without due process of law
Definition
A law which hears before it condemns, which proceeds upon inquiry and
renders judgment only after trial.
Who are protected
Universal in application to all persons
Artificial persons are covered by the protection only insofar as their
property is concerned
Guarantee extends to aliens and includes the means of livelihood
Meaning of life, liberty and property
Life: right of an individual to his body in its completeness, free from
dismemberment and extends to the use of God-given faculties which makes
life enjoyable
Liberty: the right to exist and the right to be free from arbitrary personal
restraint or servitude; includes the right to be free to use his faculties in all
lawful ways
Property: anything that can come under the right of ownership and can be
subject of contract; the right to secure, use and dispose them.
Aspects of due process
Substantive restriction on governments law- and rule-making powers
Requisites:
interest of the public
means employed are reasonably necessary for the accomplishment of the
purpose and not unduly oppressive on individuals
Procedural restriction on actions of judicial and quasi-judicial agencies of
government
Requisites:

impartial court or tribunal clothed with judicial power to hear and

determine the matter before it
jurisdiction must be lawfully acquired over the person of the defendant and
over the property which is the subject matter of the proceeding
the defendant must be given an opportunity to be heard
judgment must be rendered upon lawful hearing
Publication as part of due process
Publication is imperative to the validity of laws, PDs and Eos,
administrative rules and regulation and is an indispensable part of due
process.
Appeal and due process
Appeal is not a natural right nor is it part of due process; it may be allowed
or denied by legislature in its discretion.
But where the Constitution gives a person the right to appeal, denial of such
constitutes a violation of due process.
Preliminary investigation and due process
Right to preliminary investigation is not a constitutional right, but it is
merely a right conferred by statute.
But where there is a statutory grant of the right to preliminary investigation,
denial of such constitutes a violation of due process.
Administrative due process
Requisites
Right to a hearing, includes the right to present ones case and submit
evidence in support thereof;
Tribunal must consider the evidence presented;
Decision must have something to support itself;
Evidence must be substantial;
Decision must be rendered on the evidence presented or at least contained
in the records and disclosed to the parties;
Tribunal or any of its judges must act on its own or his own independent
consideration of the facts and the law of the controversy, and not simply
accept the views of a subordinate in arriving at a decision; and
The board or body should, in all controversial questions, render its decision
in such a manner that the parties to the proceeding will know the various
issues involved, and the reason for the decision.
Equal Protection of the Laws
Meaning
All persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed.
Natural and juridical persons are entitled to this guarantee.
With respect to juridical persons, they enjoy the protection only insofar as
their property is concerned.
Scope of Equality
Economic
Free access to courts
Marine wealth reserved for Filipino citizens
Reduction of social, economic and political inequalities
Political
Free access to courts
Bona fide candidates being free from harassment/discrimination
Reduction of social, economic and political inequalities
Social
Valid Classification
Substantial distinctions
Germane to the purpose of the law
Not limited to existing conditions only
Must apply equally to all members of the same class
Searches and Seizures
Scope
Available to all persons, including aliens, whether accused of a crime or
not.
Artificial persons are also entitled to the guarantee, although they may be
required to open their books of accounts for examination by the State in the
exercise of police and taxing powers.
Right is personal
Objection must be raised before the accused enters his plea
Procedural Rules
warrantless arrest is not a jurisdictional defect and any objection thereto is
waived when the person arrested submits to arraignment without any
objection;
where a criminal case is pending, the Court wherein it is filed, or the
assigned branch, has primary jurisdiction to issue the search warrant;

where no criminal case has been filed, the executive judges or their lawful
substitutes, in the areas and for the offense contemplated shall have primary
jurisdiction;
moment the information is filed with the RTC, it is that court which must
issue the warrant of arrest;
the judge may order the quashal of a warrant he issued even after the same
had already been implemented, particularly when such quashal is based on
the finding that there is no offense committed items seized shall be
inadmissible in evidence
Only a judge may issue a warrant
Exception: order of arrest may be issued by administrative authorities but
only for the purpose of carrying out a final finding of a violation of law, e.g.
an order of deportation or an order of contempt but not for the sole purpose
of investigation or prosecution.
Requisites for a Valid Warrant
Probable cause
Determination of probable cause personally by the judge
After examination under oath or affirmation of the complainant and the
witnesses he may produce
Particularity of description
The judge shall
Personally evaluate the report and the supporting documents submitted by
the fiscal regarding the existence of probable cause and, on the basis
thereof, issue a warrant of arrest; or
If on the basis thereof, he finds no probable cause, he may disregard the
prosecutors report band require the submission of supporting affidavits of
witnesses.
Principles:
The determination of probable cause is a function of the judge
The preliminary inquiry made by the prosecutor does not bind the judge, as
it is the report, affidavits, the transcript of stenographic notes and all other
supporting documents behind the prosecutors certification which are
material in assisting the judge in his determination of probable cause
Judges and prosecutors should distinguish the preliminary inquiry which
determines probable cause for the issuance of the warrant of arrest from the
preliminary investigation proper which ascertains whether the offender
should be held for trial or be released
Only a judge may issue a warrant of arrest
Judge himself conducts the preliminary investigation, for him to issue a
warrant of arrest, the investigating judge must:
Have examined, under oath, the complainant and the witnesses;
Be satisfied that there is probable cause; and
That there is a need to place the respondent under immediate custody in
order not to frustrate the ends of justice
Particularity of Description:
Readily identify the properties to be seized and thus prevent them from
seizing the wrong items; and
Leave peace officers with no discretion regarding the articles to be seized
and thus prevent unreasonable searches and seizures.
Warrant of Arrest particularly describe the person to be seized if it
contains the name/s of the person/s to be seized.
John Doe warrant descriptio persona
Search Warrant description is as specific as the circumstances will
ordinarily allow or when description expresses a conclusion of fact (not of
law) by which the warrant officer may be guided in making the search; or
when the things described are limited to those which bear direct relation to
the offense for which the warrant is being issued.
Properties Subject of Seizure:
Subject of the offense
Stolen or embezzled property and other proceeds or fruits of the offense;
and
Property used or intended to be used as means for the commission of an
offense
Conduct of the Search
Lawful occupant
Any member of his family
2 witnesses, of sufficient age and discretion, residing in the same locality
Warrantless arrests by a peace officer or a private person:
When the person to be arrested has committed, is actually committing or is
attempting to commit an offense in his presence;

When the offense had just been committed and there is probable cause to
believe, based on his personal knowledge of facts and of other
circumstances, that the person to be arrested has committed the offense;
When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another; and
When the right is voluntarily waived.
Buy-bust operation is a valid in flagrante arrest.
In flagrante arrests:
The person to be arrested must execute an overt act indicating that he had
just committed, is actually committing, or is attempting to commit a crime;
and
Such overt act is done in the presence or within the view of the arresting
officer.
In (2):
there must be immediacy between the time the offense is committed and the
time of the arrest. If there was an appreciable lapse of time between the
arrest and the commission of the crime, a warrant of arrest must be secured
and
the person making the arrest has personal knowledge of certain facts
indicating that the person to be taken into custody has committed the crime.
Question the validity of the arrest before entering plea; failure to do so
would constitute a waiver of his right against unlawful restraint of his
liberty. However, waiver is limited to the illegal arrest. It does not extend to
the search made as an incident thereto, or to the subsequent seizure if
evidence allegedly found during the search.
Warrantless Searches
When the right is voluntarily waived;
When there is a valid reason to stop-and-frisk;
Where the search (and seizure) is an incident to a lawful arrest;
Search of vessels and aircrafts;
Search of moving vehicles;
Inspection of buildings and other premises for the enforcement of fire,
sanitary and building regulations;
Where prohibited articles are in plain view;
Search and seizure under exigent and emergency circumstances; and
Conduct of areal target zoning or saturation drive/s as valid exercise of
military powers of the President (Guanzon vs. de Villa)
Valid Waiver of Constitutional Right
Right exists
That the person involved had knowledge, either actual or constructive of
the existence of such right; and
That the person had an actual intention to relinquish the right.
Searches of Passengers at Airports
When the accused checked in his luggage as a passenger of a plane, he
agreed to the inspection of his luggage in accordance with customs laws
and regulations, and thus waived any objection to a warrantless search.
Search made pursuant to routine airport security is allowed under RA 6235,
which provides that every airline ticket shall contain a condition that handcarried luggage, etc., shall be subject to search, and this condition shall
form part of the contract between the passenger and the air carrier.
Stop and Frisk
Vernacular designation of the right of a police officer to stop a citizen on
the street, interrogate him and pat him for weapons whenever he observes
unusual conduct which leads him to conclude that criminal activity may be
afoot.
Requisites:
police officer should properly introduce himself and make initial inquiries
approach and restrain a person who manifests unusual and suspicious
conduct in order to check the latters outer clothing for possible concealed
weapon
must have a genuine reason, in accordance with experience and the
surrounding conditions, to warrant the belief that the person to be held has
weapons or contraband concealed about him
search and seizure should precede the arrest
Exception: People vs. Sucro warrantless search and seizure
can be made
without necessarily being preceded by an arrest
provided that the said search is effected on the basis of probable cause.
People vs. Chua Ho San: contemporaneous search of a person arrested may
be effected for dangerous weapons or proofs or implements used in the
commission of the crime and which search may extend to the area within
his immediate control where he might gain possession of a weapon or
evidence he can destroy, a valid arrest must preceded a search.

Where the search (and seizure) is an incident to a lawful arrest;

Search must be contemporaneous to arrest and made within a permissible
area of search.
Requisites:
arresting officer must have probable cause in effecting the arrest; and
probable cause must be based on reasonable ground of suspicion or belief
that a crime has been committed or is about to be committed.
Permissible area of search
may extend beyond the person of the one arrested to include the premises
or surroundings under his immediate control.
Seizure of allegedly pornographic material
criminal charge must be brought against the person/s for purveying the
pornographic material/s;
application for a search and seizure warrant obtained from a judge (who
shall determine the existence of probable cause);
material confiscated brought to the court in the prosecution of the accused
for the crime charged;
court will determine whether the confiscated items are really pornographic;
and
judgment of acquittal or conviction rendered by the court accordingly
Fishing vessel found to be violating fishery laws may be seized without a
warrant:
usually equipped with powerful motors that enable them to elude pursuit
and
seizure would be incident to a lawful arrest
Search of moving vehicles
justified on the ground that it is not practicable to secure a warrant because
the vehicle can be moved quickly out of the locality or jurisdiction in which
the warrant may be sought.
Prevent violations of smuggling or immigration laws, provided that such
searches are made at borders or constructive borders (e.g. checkpoints near
the boundary lines of the state).
Stop and search without a warrant at a military or police checkpoints
Not illegal per se so long as it is required by the exigencies of public order
and conducted in a way least intrusive to motorists. (Valmonte vs. de Villa)
Checkpoint Search
Mere routine inspection: the search is normally permissible when it is
limited to a mere visual search, where the occupants are not subjected to a
physical or body search.
Extensive search: constitutionally permissible if the officers conducting the
search had reasonable or probable cause to believe, before the search, that
either the motorist is a law offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be searched.
Inspection of buildings and other premises for the enforcement of fire,
sanitary and building regulations
Exercise of police power of the State
Must be conducted during reasonable hours
Prohibited articles are in plain view
Objects in plain view of the officer who has the right to be in the position to
have that view.
Police officer is not searching but inadvertently comes upon an
incriminating object.
Requisites:
Prior valid intrusion based on a valid warrantless arrest in which the police
are legally present in the pursuit of their official duties;
Evidence was inadvertently discovered by the police who have the right to
be where they are;
Evidence must be immediately apparent; and
Plain view justified the seizure of the evidence without any further
search.
Plain View
Object is plainly exposed to sight.
Where the object seized is inside a closed package, the object is not in plain
view and, therefore, cannot be seized without a warrant.
Package proclaims its contents transparency, distinctive configuration or
contents are obvious to an observer.
People vs. Salanguit: once the valid portion of the search warrant has been
executed, the plain view doctrine can no longer provide any basis for
admitting the other items subsequently found (marijuana was also
wrapped in newspaper which was not transparent.warrant for shabu and
drug paraphernalia, found the shabu first)
Doctrine is not an exception to the warrant. It serves to supplement the
prior justification. It is a recognition that of the fact that when executing
police officers come across immediately incriminating evidence not

covered by the warrant, they should not be required to close their eyes to it,
regardless of whether it is evidence of the crime they are investigating or
evidence of some other crime. It would be needless to require the police to
obtain another warrant.
Immediately apparent test
Does not require an unduly high degree of certainty.
Requires merely that the seizure be presumptively reasonable assuming that
there is probable cause to associate the property with criminal activity.
Nexus exists between the viewed object and the criminal activity.
Exclusionary Rule: Evidence obtained in violation of Section 2, Article 3
shall be inadmissible for any purpose in any proceeding because it is the
fruit of the poisoned tree.
Property illegally seized may be used in evidence in the case filed against
the officer responsible for the illegal seizure.
Privacy of Communications and Correspondence
The privacy of communication and correspondence shall be inviolable
EXCEPT upon lawful order of the court OR when public safety or order
requires otherwise as prescribed by law.
Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Inviolability
Exceptions:
Lawful order of the court;
Public safety or order requires otherwise, as may be provided by law.
Includes tangible and intangible objects.
RA 4200: illegal for any person not authorized by all the parties to any
private communication, to secretly record such communications by means
of a tape recorder. Telephone extension was not among the devices covered
by this law.
Freedom of Expression
No law shall be passed abridging the freedom of speech, of expression nor
of the press, or the right of the people peaceably to assemble and petition
the government for redress of grievances.
Scope: Any and all modes of expression.
Aspects:
Freedom from censorship or prior restraint
Need not be total suppression, even restriction of circulation constitutes
censorship.
Section 11 (b), RA 66461: legitimate exercise of the police power of the
State to regulate media or communication and information for the purpose
of ensuring equal opportunity, time and space for political campaigns.
Unrelated to suppression of speech as it is only incidental and no more than
is necessary to achieve the purpose of achieving the purpose of promoting
equality.
Movie censorship: movie, compared to other media of expression, have a
greater capacity for evil and must, therefore, be subjected to a greater
degree of regulation.
Power of MTRCB can be exercised only for purposes of classification
not censorship.
Primacy of freedom of expression over Enriles right to privacy because
Enrile was a public figure and a public figures right to privacy is
narrower than that of an ordinary citizen. (Ayer Productions vs. Judge
Capulong)
Board of Review for Motion Pictures and Television (BRMPT) Xrating when the program would create a clear and present danger of an evil
which the State has the right to prevent. (Inglesi ni Cristo vs. CA)
No law prohibiting the holding and reporting of exit poll. (ABS-CBN
Broadcasting Corporation vs. COMELEC)
Test for the validity of government regulation, valid if (OBrien Test):
within the constitutional power of government;
furthers an important or substantial government interest;
government interest is unrelated to the suppression of free expression; and
incidental restriction on the freedom is no greater than is essential to the
furtherance of that interest.
Overbreadth Doctrine: prohibits government from achieving its purpose by
means that sweep unnecessarily broadly, reaching constitutionally
protected as well as unprotected activity.
Freedom from subsequent punishment
Without this assurance, the individual would hesitate to speak for fear that
he might be held accountable for his speech, or that he might be provoking
the vengeance of the officials he may have criticized.
Not absolute and may be properly regulated in the interest of the public.
State may validly impose penal and/or administrative sanctions, such as:
1

Prohibited any person making use of the media to sell or to

give free of charge print space or air time for campaign or
other political purposes except to the COMELEC.

Libel
Public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstance tending
to cause the dishonor, discredit or contempt of a natural or juridical person,
or to blacken the memory of one who is dead.
Oral defamation is called slander.
Every defamatory imputation is presumed to be malicious.
Exceptions:
a private communication made by any person to another in the performance
of any legal, moral or social duty; and
fair and true report, made in good faith, without any comments or remarks,
of any judicial, legislative or other official proceedings which are not of a
confidential nature, or of any statement, report or speech delivered in said
proceedings, or of any act performed by public officers in the exercise if
their functions.
Public has the right to be informed on the mental, moral and physical
fitness of candidates for public officer. The rule applies only to fair
comments on matters of public interest, fair comment being that which is
true, or if false, expresses the real opinion of the author based upon
reasonable degree of care and on reasonable grounds.
Obscenity
Determination of what is obscene is a judicial function.
Criticism of official conduct
US vs. Bustos: individual is given the widest latitude in criticism of official
conduct.
Publication that tends to impede, embarrass or obstruct the court and
constitutes a clear and present danger to the administration of justice is not
protected by the guarantee of press freedom and punishable by contempt. It
is not necessary to show that the publication actually obstructs the
administration of justice; it is enough that it tends to do so.
Freedom of press is subordinate to the decision, authority, integrity and
independence of the judiciary and the proper administration of justice.
Right of students to free speech in school premises not absolute
Campus Journalism Act provides that a student shall not be expelled or
suspended solely on the basis of articles he or she has written, the same
should not infringe on the schools right to discipline its students.
The school cannot suspend or expel a student solely on the basis of the
articles he or she has written, except when such article materially disrupts
class work or involves substantial disorder or invasion of rights of others.
Test of valid government interference
Clear and Present Danger Rule
Whether the words are used in such circumstances and of such nature as to
create a clear and present danger that they will bring about the substantive
evils that the State has the right to prevent.
The substantive evil must be extremely serious and the degree of
imminence extremely high before utterances can be punished.
Rule: the danger created must not only be clear and present but also
traceable to the ideas expressed.
clear: seems to point to a causal connection with the danger of the
substantive evil arising from the utterance questioned
present refers to the time element, identified with imminent and
immediate danger
The danger must not only be probable, but very likely inevitable.
Dangerous Tendency Rule
Words uttered create a dangerous tendency of an evil which the State has
the right to prevent, then such words are punishable.
Sufficient if the natural tendency and the probable effect of the utterance
were to bring about the substantive evil that the legislative body seeks to
prevent.
Balancing of Interests Test
When particular conduct is regulated in the interest of public order, and the
regulation results in an indirect, conditional or partial abridgment of speech,
the duty of the courts is to determine which of the two conflicting interests
demands the greater protection under the particular circumstances
presented.
Requires a court to take conscious and detailed consideration of the
interplay of interests observable in a given situation.
Assembly and Petition
Right to assemble is not subject to prior restraint.
It may not be conditioned upon prior issuance of a permit or authorization
from government authorities.
It must be exercised in such a way as will not prejudice the public welfare.
PUBLIC PLACE: permit for the use of such place, and not for the assembly
itself, may be validly required. The power of local officials is merely one of
regulation.
Permit to hold public assembly shall not be necessary where the meeting is
to be held in a PRIVATE PLACE.
Public Assembly Act: a permit shall not be necessary where the meeting is
to be held in a private place, in the campus of the government-owned or
operated educational institution, or in a freedom park.

Where permit is required, written application shall be filed with the

mayors office at least 5 days before the scheduled meeting and shall be
acted upon within 2 days. Otherwise, permit shall be deemed granted.
Denial shall be justified only upon clear and convincing evidence that the
public assembly will create a cleat and present danger to public order,
safety, convenience, morals and health.
Action shall be communicated within 24 hours to the applicant may
appeal to appropriate courts.
Decision must be reached within 24 hours.
The law permits law enforcement agencies to detail a contingent under a
responsible officer at least 100 meters away from the assembly in case it
becomes necessary to maintain order.
Academic freedom of institutions of higher learning cannot be utilized to
discriminate against those who exercise their constitutional rights.
Right to free assembly and petition prevails over economic rights.
Education of the youth occupies a preferred position over the freedom of
assembly and petition.
Tests priorly applied by the court:
purpose test
auspice test
Freedom of Religion
No law shall be made respecting an establishment of religion or prohibiting
the free exercise thereof.
The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
2 guarantees:
non-establishment clause
freedom of religious profession and worship
Non-establishment clause: separation of Church and State
cannot be registered as a political party;
no sectoral representative from the religious sector; and
prohibition against the use of public money or property for the benefit of
any religion, or of any priest, minister or ecclesiastic.
Exceptions:
exception from taxation of properties actually, directly and exclusively used
for religious purposes;
citizenship requirement of ownership of educational institutions, except
those established by religious groups and mission boards;
optional religious instruction in public elementary and high schools
expressed in writing by the parents/guardians, taught within regular class
hours; and without additional costs on the Government; and
appropriation allowed where the minister or ecclesiastic is employed in the
armed forces, penal institution or in the government-owned orphanage or
leprosarium.
Scope:
State cannot set up a Church
nor pass laws which aid one religion, aid all religion or prefer one over
another;
nor force nor influence a person to go to or remain away from church
against his will;
or force him to profess a belief or disbelief in any religion.
The term Non-Christian tribes does not refer to religious belief but to
degree of civilization. (People vs. Cayat)
Laws, e.g. Article 133 of the RPC, do not violate freedom of religion.
Freedom of religion is accorded preferred status, designed to protect the
broadest possible liberty of conscience, to allow each man to believe as his
conscience directs, to profess his beliefs and to live as he believes he ought
to live, consistent with liberty of others and with the common good.
Intramural religious disputes:
Where a civil right depends upon some matter pertaining to ecclesiastical
affairs, the civil tribunal tries the civil right and nothing more.
Ecclesiastical Affair is one that concerns doctrine, creed, or forum of
worship of the church, or the adoption and enforcement within a religious
association of needful laws and regulations for the government of the
membership, and the power of excluding from such associations those
deemed unworthy of membership.
It is not for the Court to exercise control over Church authorities in the
performance of their discretionary and official functions; it is for the
members of religious institutions/organizations to conform to just church
regulations.
Free Exercise Clause
Aspects of freedom of religious profession and worship:
right to believe, which is absolute
right to act according to ones belief, which is subject to regulation.
Constitutional guarantee of free exercise pf religious profession and
worship carries with it the right to disseminate religious information, and
any restraint of such right can be justified only on the ground that there is a
clear and present danger of an evil which the State has the right to prevent.
The compelling State interest test:

Estrada vs. Escritor (administratively charged with immorality for living

with a married man, not her husband; conjugal arrangement was in
conformity with their religious beliefs)
Benevolent Neutrality recognizes that government must pursue its secular
goals and interests, but at the same time, strive to uphold religious liberty to
the greatest extent possible within flexible constitutional limits.
Thus, although the morality contemplated by laws is secular, benevolent
neutrality could allow for accommodation of morality based on religion,
provided it does not offend compelling state interest.
2 steps:
Whether respondents right to religious freedom has been burdened and
Ascertain respondents sincerity in his beliefs.
State regulations imposed on solicitations for religious purposes do not
constitute an abridgment of freedom of religion; but are NOT covered by
PD 1564 (Solicitation Permit Law) which required prior permit from
DSWD in solicitations for charitable or public welfare purposes;
Free exercise clause does not prohibit imposing a generally applicable sales
and use tax on the sale of religious materials by a religious organization.
Resulting burden is so incidental as to make it difficult to differentiate it
from any other economic imposition that might make the right to
disseminate religious doctrines costly.
Liberty of Abode and of Travel
The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety or public health, as may be provided by law.
Limitations:
On liberty of abode: lawful order of the court
Caunca vs. Salazar: maid has the right to transfer to another residence even
if she had not yet paid the amount advanced for her transportation from the
province by an employment agency;
Rubi vs. Provincial Board of Mindoro: requiring some members of the nonChristian tribes to reside only within a reservation, valid to promote their
better education, advancement and protection.
Universal Declaration of Human Rights: everyone has the right to leave any
country, including his own and to return to his country.
Covenant on Civil and Political Rights: no one shall be arbitrarily deprived
of the right to enter his own country.
On right to travel: national security, public safety or public health, as may
be provided by law
Lawful order of the court is a valid restriction.
Court may validly refuse to grant the accused permission to travel abroad,
even if the accused in out on bail. (Manotoc vs. CA)
Liberty of travel may be impaired even without court order, the appropriate
executive officers or administrative authorities are not armed with arbitrary
discretion to impose limitations.
Principles:
The Hold-departure Order is but an exercise of the courts inherent power
to preserve and maintain the effectiveness of its jurisdiction over the case
and over the person of the accused;
By posting bail, the accused holds himself amenable at all times to the
orders and processes of the court, thus, she may be legally prohibited from
leaving the country during the pendency of the case; and
Parties with pending cases should apply for permission to leave the country
from the very same courts which, in the first instance, are in the best
position to pass upon such applications and to impose appropriate
conditions therefore, since they are conversant with the facts of the cases
and the ramifications or implications thereof.
The persons right to travel is subject to the usual constraints imposed by the
very necessity of safeguarding the system of justice. Whether the accused
should be permitted to leave the country for humanitarian reasons is a
matter addressed to the courts discretion.
Right to Information
Right of the people to information on matters of public concern shall be
recognized.
Access to official records and to documents and papers pertaining to
official acts, transactions pr decisions as well as to government research
data used as basis for policy development shall be afforded the citizen,
subject to such limitations as may be provided by law.
Scope of the Right: right to information contemplates inclusion of
negotiations leading to consummation of the transactions.
The right only affords access, which means the opportunity to inspect and
copy them at his expense.
Subject to regulations: to protect integrity of public records and to
minimize disruption of government operations.
Exceptions:
Privileged communications rooted in separation of powers
Information on military and diplomatic secrets
Information affecting national security
Information on investigations of crimes by law enforcement agencies
before the prosecution of the accused.

Need for publication of law reinforces this right.

The manner of examining public records may be subject to reasonable
regulation by the government agency in custody.
The duty to disclose the information of public concern, and to afford access
to public records cannot be discretionary on the part of said agencies. Its
performance may be compelled by mandamus.
In Re: Request for Live Radio-TV Coverage of the Trial in the SB of the
Plunder Case against Former Pres. Joseph Ejercito Estrada, Secretary of
Justice Hernando Perez vs. Joseph Ejercito Estrada: when the constitutional
guarantees of freedom of the press and the right to public information, on
the one hand, and the fundamental rights of the accused, on the other hand,
along with the constitutional power of a court to control its proceedings in
ensuring a fair and impartial trial race against another, jurisprudence tells us
that the right of the accused must be preferred (losing not only his liberty
but also the very life of an accused).
Right to Form Associations
The right of the people, including those employed in the public and private
sectors, to form unions, associations or societies for purposes not contrary
to law shall not be abridged.
Scope: includes the right not to join or to disaffiliate from one.
Right to Strike: members of the civil service may not declare a strike to
enforce economic demands.
The ability to strike is not essential to the right of association.
The right of the sovereign to prohibit strikes or work stoppages by public
employees is clearly recognized at common law. Modern rule merely
incorporate or reasserts said common law.
Right is not absolute.
Anti-Subversion Act
Managerial employees: receive information that is not only confidential but
also generally not available to the public.
Non-impairment Clause
No law impairing the obligation of contracts shall be passed.
To fall within the prohibition, the change must not only impair the
obligation of the existing contract, but the impairment must be substantial.
Change in the rights of the parties with reference to each other and not with
respect to non-parties.
Impairment: anything that diminishes the efficacy of the contract
Substantial impairment when the law changes either
Time of performance
Mode of performance
Imposes new conditions
Dispenses with those expressed
Authorizes for its satisfaction something different from that provided in its
terms
Limitations:
Police power public welfare is superior to private rights
Eminent domain
Taxation
Franchises, privileges, licenses, etc do not come within the context of the
provision
Subject to amendment alteration, or repeal by the Congress when common
good so requires.
Free Access to Courts
Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
Social justice provision providing for pauper suits.
Miranda Doctrine
Any person under investigation for the commission of an offense shall have
The right to be informed of his right to remain silent and
To have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided
with one.
These rights cannot be waived, except
In writing and
In the presence of the counsel.
No torture, force, violence, threat, intimidation or any other means which
vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
Any confession or admission obtained in violation of this or Section 17
shall be inadmissible in evidence against him.
The law shall provide for penal and civil sanctions for violations of this
section, as well as compensation to and rehabilitation of victims of torture
or similar practices, and their families.
Rights are available only during custodial investigation.
Custodial investigation or in-custody interrogation of accused person: any
questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any
significant way.

Investigation ceases to be a general inquiry into an unsolved crime and

direction is aimed upon a particular suspect who has been taken into
custody and to whom the police would then direct interrogatory questions
which tend to elicit incriminating statements.
Does not apply to spontaneous statement5s.
Does not apply to admissions/confessions made by a suspect before he was
placed under custodial investigation.
Custodial investigation includes the practice of issuing an invitation to a
person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the inviting officer for
any violation.
Police Line-up
Not considered part of custodial investigation because it is conducted
before that stage of investigation is reached.
Process has not yet shifted from the investigatory to the accusatory stage.
People vs. Escordial
Out-of-court identification may be made in a show-up (where the accused
is brought face to face with the witness for identification) or in a police
line-up (where the suspect is identified by a witness from a group of
persons gathered for that purpose).
During custodial investigation, these have been described as critical
confrontations of the accused by the prosecution necessitating the
presence of counsel. This is because the result of these pre-trial proceedings
might well settle the fate of the accused and reduce the trial to a mere
formality.
Merely photographed or paraffin test, not yet under custodial investigation.
Investigations not considered as custodial interrogations.
Arrested person signs a booking sheer and an arrest report at the police
station, he does not admit the commission of an offense nor confess to any
incriminating circumstance. Said booking sheet is merely a statement of
how the arrest was made and has no probative value as an EJ statement of
the person detained.
Rights guaranteed by this provision refers only to testimonial compulsion.
What rights are available
To remain silent;
No adverse inference from his refusal to answer.
To competent and independent counsel (preferably of his own choice; at all
stages of the proceeding);
Attaches upon the start of the investigation;
Lawyer should never prevent a person from telling the truth.
RA 7438: Accuseds parent, older bro and sis, spouse, Mayor, Municipal
Judge, district school supervisor, or priest or minister of the gospel as
chosen by the accused, may appear in lieu of the counsel during the taking
of an EJ confession IF:
Counsel of accused is absent and
Valid waiver had been executed.
competent and independent willing to safeguard the constitutional
rights of the accused, as distinguished from one who would merely be
giving a routine peremptory and meaningless recital of the individuals
constitutional rights.
Mere pro forma appointment of a counsel de officio who fails to genuinely
protect the interests of the accused merits disapprobation.
Independent Counsel: not special counsel, City legal officer, Mayor,
public/private prosecutor, counsel of the police, or a municipal attorney,
whose interest is admittedly adverse to the accused.
Preferably of his own choice does not mean that the choice of a lawyer
by a person under investigation is exclusive as to preclude other equally
competent and independent attorneys from handling the defense.
Choice of lawyer when accused cannot afford final say is still with the
accused who may reject said lawyer; deemed engaged by the accused when
he does not object.
Confession obtained after charges had already been filed: The right to
counsel still applies in certain pre-trial proceedings that are considered
critical stages in the criminal process. Custodial interrogation before or
after charges have been filed, and non-custodial interrogation after the
accused has been formally charged, are considered critical pre-trial stages
in the criminal process.
To be informed of such rights;
Transmission of meaningful information rather than just ceremonial and
perfunctory recitation of an abstract constitutional principle.
P must show that the accused understood what he read and the
consequences of his waiver.
Right to be informed carries with it the correlative obligation on the part of
the investigator to explain and contemplates an effective communication
which results in the subject understanding what is conveyed. (degree of
explanation depends on the personal circumstances of the accused)
Rights cannot be waived except in writing and signed by the person in the
presence of his counsel;
No torture, force, violence, etc. which vitiates free will shall be used;
Secret detention places, etc. are prohibited; and
Confessions/admissions obtained in violation of rights are inadmissible in
evidence.
2 Kinds of Involuntary/Coerced Confession

Coerced confession, the product of third degree methods

Uncounselled statements, without the benefit of the Miranda warning
Alleged infringement of the constitutional rights of the accused during
custodial investigation is relevant and material only where an extrajudicial
confession/admission from the accused becomes the basis of conviction.
1973 Constitution does not distinguish between verbal and non-vernal
confession.
A person suspected of having committed a crime and subsequently charged
with its commission has the following rights in the matter of his testifying
or producing evidence:
Before case is field in court or with public prosecutor for preliminary
investigation, but after having been taken into custody or otherwise
deprived of his liberty and on being interrogated by the police
To remain silent
Right to counsel
To be informed of such right
Not to be subjected to torture, violence, threat, intimidation or any other
means which vitiates free will and
To have evidence obtained in violation of these rights rejected and
inadmissible.
After the case is filed in court
To refuse to be a witness
Not to have nay prejudice by such refusal
To testify in his own behalf, subject to cross-examination
While testifying, refuse to answer an incriminating question
Waiver
Must be in writing and made in the presence of the counsel
No retroactive effect no application to waivers made prior to APRIL 26,
1983, the promulgation of Morales.
Burden of proof burden of proving valid waiver is with the prosecution.
Presumption that official duty has been regularly performed cannot prevail
over the presumption of innocence.
What may be waived
Right to remain silent
Right to counsel
NOT the right to be informed of these rights.
Guidelines for Arresting/Investigating Officers (People vs. Mahinay)
Person arrested, detained, invited or under custodial investigation must be
informed in a language known to and understood by him of the reason for
his arrest and must be shown the warrant of arrest, if any.
He must be warned that he has the right to remain silent and that any
statement he makes may be used as evidence against him.
He must be informed that he has the right to be assisted at all times and
have the presence of an independent and competent lawyer, preferably of
his own choice.
He must be informed that if he has no lawyer or cannot afford one, a lawyer
will be provided for him; and that a lawyer may also be engaged by any
person in his behalf or may be appointed by the Court upon petition of the
person or one acting in his behalf.
That whether or not the person arrested has a lawyer, he must be informed
that no custodial investigation in any form shall be conducted except in the
presence of his counsel or after a valid waiver.
The person arrested must be informed that, at any time, he has the right to
communicate or confer by the most expedient means with his lawyer, any
member of his immediate family, or any medical doctor, priest or minister
chose by him or anyone of his immediate family or by his counsel, or be
visited by/confer with duly accredited national or international nongovernmental organization. It shall be the responsibility of the officer to
ensure that this is accomplished.
He must be informed that he has the right to waive any said rights provided
it is made voluntarily, knowingly and intelligently, and ensure that he
understood the same.
If the person arrested waives his right to a lawyer, he must be informed that
this must be done in writing and in the presence of the counsel, otherwise
he must be warned that the waiver is void even if he insists in his waiver
and chooses to speak.
The person arrested must be informed that he may indicate in any manner
at any time or stage of the process that he does not wish to be questioned
with a warning that once he makes such indication the police may not
interrogate him if the same had not yet commenced or the interrogation
must cease if it had already begun.
The person arrested must be informed that the initial waiver of his right to
remain silent, the right to counsel or to any other rights does not bar him
from invoking it at any time during the process, regardless of whether he
may have answered some questions or volunteered some statements.
He must be informed that any statement or evidence, as the case may be,
obtained in violation of any of the foregoing, inculpatory or exculpatory, in
whole or in part, shall be inadmissible.
Exclusionary Rule: Confession/Admission obtained in violation of Section
12 and 17, Article III of the Constitution shall be inadmissible in evidence.
Confession: declaration made voluntarily and without compulsion or
inducement by a person acknowledging that he has committed or
participated in the commission of a crime.

Any allegation of force, duress, undue influence or other forms of

involuntariness in exacting such confession must be proved y clear,
convincing and competent evidence by the defense. Otherwise, the
confessions full probative value may be used to demonstrate the guilt of
the accused.
Fruit of the Poisonous Tree: (Justice Frankfurter Nardone vs. US)
Once the primary source is shown to have been unlawfully obtained, any
secondary or derivative evidence derived from it is also inadmissible.
Basis: evidence illegally obtained by the State should not be used to gain
other evidence.
Receipt of Seized Property if signed by the accused without assistance of
counsel and not having been informed of his constitutional rights is
inadmissible.
People vs. Linsangan: initialed the P10 bill that the police found tucked in
his waist. Valid. Because possession of marked bills did not constitute a
crime, the subject if the prosecution being his act of selling marijuana cigs.
Re-enactment of the Crime before, must be appraised of his constitutional
rights.
Res Gestae admissible.
Waiver of Exclusionary Rule: failure to object to offer in evidence.
Right to Bail
All persons except those charged with an offense punishable by RP, when
evidence of guilt is strong, shall before conviction be bailable by sufficient
sureties or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ
of habeas corpus is suspended.
Excessive bail shall not be required.
Bail: is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before
any court as may be required.
Any person under detention, even if no formal charge have yet been field,
can invoke the right to bail.
When bail is authorized, it should be granted before arraignment,
otherwise, the accused may be precluded from filing a motion to quash.
Exceptions:
when charged with an offense punishable by RP (or higher) and evidence of
guilt is strong
traditionally, not available to military
Duty of the Court when accused is charged with an offense punishable by
RP or higher.
Hearing on the motion for bail must be conducted by the judge.
Prosecution must be given an opportunity to present all the evidences.
Applicant having right of cross-examination and to introduce evidence in
rebuttal.
If prosecution refuses to adduce evidence or fails to interpose an objection
to the motion for bail, it is still mandatory for the court to conduct a hearing
or ask searching and clarificatory questions from which it may infer the
strength of the evidence of guilt or lack of it.
The hearing on the petition for bail need not at all times precede
arraignment, because the rule is that a person deprived of his liberty by
virtue of his arrest or voluntary surrender may apply for bail as soon as he
is deprived of his liberty, even before a complaint or information is filed
against him.
Courts order granting or refusing bail must contain summary of evidence
for the prosecution.
The assessment of the evidence presented during bail hearing is only for the
purpose of granting or denying an application for the provisional release of
the accused liberal in their approach, not being a final assessment.
Bail is either:
A matter of right
Before or after conviction by MeTC, MTC MTC in Cities, MCTC
Before conviction by RTC of an offense not punishable by death, RP or life
imprisonment.
Judges discretion
Upon conviction by RTC of an offense not punishable by death, RP or life
imprisonment.
The court, in its discretion, may allow the accused to continue on
provisional liberty under the same bail bond during the period to appeal,
subject to consent of bondsman.
If court imposes penalty of imprisonment of 6-20 years, accused shall be
denied bail or bail previously granted cancelled, upon showing by
prosecution that:
The accused is a recidivist, quasi-recidivist, habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration;
The accused is found to have previously escaped from legal confinement,
evaded sentence or has violated the conditions of his bail without valid
justification;
The accused committed the offense while on probation, parole or under
conditional pardon;
Circumstances of the accused or his case indicate the probability of flight if
released on bail; and

Undue risk that during pendency of the appeal, the accused may commit
another crime.
Denied
Accused is charged with a capital offense or an offense punishable by RP or
higher and evidence of guilt is strong.
Principle denying bail to an accused charged with a capital offense where
evidence of guilt is strong, applies with equal force to the appellant who,
though convicted of an offense not punishable by death, RP, or life
imprisonment was nevertheless originally charged with a capital offense.
Standards for fixing bail
Financial ability of the accused
Nature and circumstances of the offense
Penalty for the offense charged
Character and reputation of the accused
Penalty for the offense charged
Weight of the evidence against him
Age and health
Probability of appearing at the trial
Forfeiture of other bonds by him
Fact that he was a fugitive from justice when arrested
Pendency of other cases in which he is under bond
Right to Bail and Extradition (Government of the U.S. vs. Judge Purungan
and Mark Jimenez)
The constitutional provision on bail applies only when a person is arrested
and detained for violation of Philippine criminal laws. It does not apply to
extradition proceedings, because extradition courts do not render judgments
of acquittal or conviction.
It flows from the presumption of innocence in favor of every accused who
should not be subjected to the loss of freedom unless his guilt is proved
beyond reasonable doubt. The constitutional provision on bail will not
apply to a case of extradition where the presumption of innocence is not an
issue.
Extradition proceedings are separate and distinct from the trial of the
offenses for which he is charged.
He should apply for bail before the courts trying the criminal cases against
him, not before the extradition court.
After a potential extradite has been arrested and placed under custody of the
law, bail may be applied for and granted as an exception, only after clear
and convincing showing that
Once granted bail, the applicant will not be a flight risk or a danger to the
community, and
There exists special, humanitarian and compelling circumstances.
Waiver of the Right to Bail personal to the accused.
The right to bail is not impaired by the suspension if the privilege of the
writ of habeas corpus.
Constitutional Rights of the Accused
No person shall be held to answer for a criminal offense without due
process of law.
In all criminal prosecutions,
the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of accusation against him,
to have a speedy, impartial and public trial,
to meet the witnesses face to face, and
to have compulsory process to secure the attendance of the witnesses and
the production of evidence in his behalf.
After arraignment, trial may proceed notwithstanding the absence of the
accused, provided that he has been duly notified and the failure to appear is
unjustifiable.
Criminal due process:
accused has been heard in a court of competent jurisdiction
accused is proceeded against under the orderly processes of law
accused has been given notice and the opportunity to be heard
judgment rendered was within the authority of a constitutional law
Unreasonable delay in resolving complaint is violation of the right to due
process and to speedy trial dismissal of complaint.
Exception: petitioners own acts or complexity of the issues involved.
Hearing before an impartial and disinterested tribunal. Bias must be shown
by clear and convincing evidence.
Right to a hearing
Plea of guilt to a capital offense. Mandatory that:
TC must conduct a searching inquiry into the voluntariness of the plea and
the full comprehension of the consequences;
Prosecution should present evidence to prove the guilt of the accused and
the precise degree of his culpability; and
Accused must be asked if he desires to present evidence in his behalf and
should be allowed to do so if he desires.
The State and the offended party are entitled to due process
Presumption of Innocence: every circumstance favoring the innocence of
the accused must be taken into account.

Will NOT apply if there is some logical connection between the fact proved
and the ultimate fact presumed, and the inference of one fact from proof of
another shall not be so unreasonable as to be purely arbitrarily mandate.
Can be invoked only by an individual accused of a criminal offense.
Corporate entity has no personality to invoke the same.
Presumption that official duty was regularly performed cannot, by itself,
prevail over the constitutional presumption of innocence.
Exception: when it is not the sole basis for conviction.
Constitutional presumption may be overcome by contrary presumptions
based on experience of human conduct. (e.g. unexplained wealth)
Circumstantial evidence in order to warrant conviction:
More than one circumstance
Facts from which the inference are derived are proven
Combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.
Equipose Rule: applicable only when the evidence adduced by the parties
are evenly balanced, in which case the constitutional presumption of
innocence should tilt the scales in favor of the accused.
Right to be heard by himself and counsel: efficient and truly decisive legal
assistance.
Proceeds from fundamental principle of due process.
Right to counsel during the trial is not subject to waiver because even the
most intelligent or educated man may have no skill in the science of law,
particularly in the rules of procedure, and without counsel. He may be
convicted not because he is guilty but because he does not know how to
establish his innocence.
Failure of the record to disclose affirmatively that the TC advised the
accused of his right to counsel is not sufficient ground to reverse
conviction. The TC must be presumed to have complied with the procedure
prescribed by law for the hearing and trial of the cases, and such
presumption can be overcome only by an affirmative showing to the
contrary.
Right to counsel is not indispensable to due process of law.
Exceptions: cannot be waived during trial.
But this is not absolute. Option cannot be used to sanction reprehensible
dilatory tactics, to trifle with ROC, or prejudice the equally important rights
of the State and the offended party to speedy and adequate justice.
Preference in the choice of counsel pertains more aptly and specifically
to a person under custodial investigation rather than one who is accused in
a criminal prosecution. Such preferential discretion cannot partake of
discretion so absolute and arbitrary as would make the choice of counsel
refer exclusively to the prediction of the accused.
General Rule: a client is bound by the mistakes of his lawyer
Exceptions: when the negligence or incompetence of counsel is deemed
gross as to have prejudiced the constitutional right of the accused to be
heard.
Right to be informed of the nature and cause of accusation against him.
Reasons:
furnish the accused with such a description of the charge against him as will
enable him to prepare for his defense;
avail himself of his conviction or acquittal for protection against a further
prosecution for the same cause; and
to inform the Court of the facts alleged, so that it may decide whether they
are sufficient in law to support a conviction.
When a judge is informed or discovers that an accused is apparently in a
condition of insanity or imbecility, it is within his discretion to investigate
the matter.
Requisites: The information must state:
name of the accused
designation of the offense given by statute
statement of acts or omissions so complained of as constituting the offense
name of the offended party
approximate time and date of the commission of the offense
place where the offense has been committed
facts and circumstances that have a bearing on the culpability and liability
of the accused
Every element of the offense must be alleged in the complaint or
information, because the accused is presumed to have no independent
knowledge of the facts that constitute the offense charged.
Not necessary to state the precise time when the offense was committed
except when time is a material ingredient of the offense.
Description not the designation of the offense controls.
Accused can be convicted only of the crime alleged or necessarily included
in the allegations in the information.
While a TC can hold a joint trial of 2 or more criminal case and can render
a consolidated decision, it cannot convict the accused of the complex crime
constitutive of the various crimes of the 2 informations.
Void for Vagueness Rule: the law is deemed void where the statute itself is
couched in such indefinite language that it is not possible for men of
ordinary intelligence to determine what acts or omissions are punishable.
The right to be informed of the nature and cause of the accusation against
may not be waived but the defense may waive the right to enter a plea and
let the court enter a plea of not guilty.

Indictment must fully state the elements of the specific offenses alleged to
have been committed. An accused cannot be convicted of an offense, even
if duly proven, unless it is alleged or necessarily included in the complaint
or information.
Different matter if the accused themselves refused to be informed of the
nature and cause of the accusation against them.
Accused may be convicted of as many offenses charged in the information
and proved during the trial, where he fails to object to such duplicitous
information during the arraignment.
Information which lacks certain material allegations may sustain a
conviction if the accused fails to object to its sufficiency during trial and
deficiency is cured by competent evidence presented therein.
Right to Speedy, Impartial and Public Trial
Speedy Trial
Free from vexatious, capricious and oppressive delays.
Accused entitled to dismissal, equivalent to acquittal, if trial is
unreasonably delayed.
Relative subject to reasonable delays and postponements arising from
illness, medical attention, body operations, etc.
Aggrieved party also has the same rights as the accused.
Separate trial is in consonant with the right of the accused to a speedy trial.
RA 8493 (Speedy Trial Act):
Arraignment of the accused w/in 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.
If plea of not guilty has 15 days to prepare for trial.
Trial shall commence w/in 30 days from arraignment as fixed by the court.
No case shall the entire trial period exceed 180 days from the first day of
trial, except as otherwise authorized by the Chief Justice of the SC.
Impartial Trial
cold neutrality of an impartial judge for the benefit of the litigants and
is also designed to preserve the integrity of the judiciary and to gain and
maintain the peoples faith in the institution s they have erected when they
adopted the Constitution.
Pervasive publicity is not per se prejudicial to the right of the accused to a
fair trial.
Trial judges must be accorded a reasonable leeway in asking questions as
may be essential to elicit relevant facts and to bring out the truth. This is not
only a right but also duty of the judge.
Public Trial
Intended to prevent abuses that may be committed against accused.
Not absolute.
Not synonymous to publicized trial.
Means that the court doors must be open to those who wish to come, sit in
the available seats, conduct themselves with decorum and observe trial
processes.
Right to Meet the Witnesses Face to Face right to cross-examine the
complainant and the witnesses.
Testimony of the witness who has not submitted himself to crossexamination is not admissible in evidence being hearsay.
This right can be waived.
Right to Compulsory Process to secure the attendance of witnesses and the
production of evidence.
Subpoeana process directed to a person requiring him to attend and to
testify at the hearing or trial of an action or at any investigation conducted
under the laws of the Philippines or for the taking of his deposition.
2 kinds:
subpoena ad testificandum: compel a person to testify
subpoena duces tecum: compel the production of books, records, things or
documents
test of relevancy: books, documents or other things requested must appear
prima facie relevant to the issue subject of the controversy
test of definiteness: such books must be reasonably described by the parties
to be readily identified
Requisites:
evidence is really material
accused is not guilty of neglect in previously obtaining the production of
such evidence
the evidence will be available at the time desired
no similar evidence can be obtained.
Trial in absentia
Purpose is to speed up the disposition of criminal cases.
Mandatory upon the court whenever the accused has been arraigned,
notified of the date/s of hearing/s and his absence is unjustified.
After the accused has waived further appearance during trial, he can still be
ordered arrested by the court for non-appearance upon summons to appear
for purposes of identification.
Presence of the accused is mandatory:
arraignment and plea
during trial, for purposes of identification
promulgation of sentence, except for light offense wherein accused may
appear by counsel/representative

Accused who escapes from confinement, jumps bail or flees to a foreign

country, loses his standing in court and unless he surrenders or submits
himself to the jurisdiction of the court, he is deemed to waive his right to
seek relief from the court.
Habeas Corpus
The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when public safety requires it.
Definition: a writ issued by a court directed to a person detaining another,
commanding him to produce the body of the prisoner at a designated time
and place, with the day and cause of his caption/detention, to do, to submit
to and to receive whatever the court/judge awarding the writ shall consider
in his behalf.
When available: restores the liberty of an individual subjected to physical
restraint. It secures to the prisoner the right to have the cause of his
detention examined and determined by the courts; and to have the issue
ascertained as to whether he is held under lawful authority.
May also be availed of where, as a consequence of a judicial proceeding:
there has been deprivation of constitutional rights
the court has no jurisdiction to impose the sentence
excessive penalty has been imposed, since such sentence is void as to the
excess.
The writ will not issue where the person alleged to be restrained on liberty
is in the custody of an officer under a process issued by the court which has
jurisdiction to do so.
Even if the detention is at its inception illegal, supervening events such as
the issuance of a judicial process, may prevent the discharge of the detained
person.
That the preliminary investigation was invalid and that the offense had
already prescribed is not a ground to grant the issuance of habeas corpus.
Remedy: motion to quash the WOA or file a motion to quash the
information based on prescription.
Desaparecidos (disappeared persons), persons in whose behalf the writ was
issued could not be found Remedy: refer the matter to the Commission
on Human Rights
In case of doubt, the burden of proof rests on the officers who detained
them and who claim to have effected the release of the detainees.
All courts of competent jurisdiction may entertain petitions for HC to
consider the release of petitioners convicted of violation of the Dangerous
Drugs Act, provided they have served the maximum term of the applicable
penalties newly prescribed by RA 7659.
HC lies only where the restraint of the persons liberty has been judicially
adjudged to be illegal or unlawful.
Loss of judicial records, after 12 years of detention in the service of the
sentence imposed upon conviction, will not entitle him to be released on
HC. Remedy: reconstitution of judicial records.
Have to comply with the writ. Disobedience constitutes contempt of court.
In case of invasion or rebellion, when the public safety requires it, the
President may for a period not exceeding 60 days, suspend the privilege of
the writ of HC.
W/in 48 hours from the suspension, the President shall submit a report, in
person or in writing, to Congress.
Congress, voting jointly by a majority vote of at least a majority of all its
members in regular or special session may revoke such proclamation or
suspension, such revocation shall not be set aside by the President.
Upon initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by
Congress, if the invasion or rebellion shall persists and public safety
requires it.
SC may review, in appropriate proceeding filed by any citizen, the
sufficiency of the factual basis for the proclamation of martial law and the
suspension of the privilege of the HC or the extension thereof.
SC must promulgate its decision w/in 30 days from filing.
The suspension of the privilege of the writ shall apply only to persons
charged for rebellion or offenses inherent in or directly connected with
invasion.
During the suspension of the privilege of the writ, any person thus arrested
or detained shall be judicially charged within 3 days, otherwise he shall be
released.
Suspension of the privilege does not suspend the right to bail.
Speedy Disposition of Cases
All persons shall have the right to a speedy disposition of cases before all
judicial, quasi-judicial or administrative bodies.
Not limited to the accused in a criminal proceedings, but extends to all
cases, including civil and administrative cases and in all proceedings
including judicial and quasi-judicial hearings.
Like right to speedy trial, this right is violated only when the proceedings
are attended by vexatious, capricious and oppressive delays or when
unjustified postponements of the trial are asked for and secured, or when

without cause or justifiable motive a long period of time is allowed to

elapse without the party having his case tried.
Unlike right to speedy trial, this right is available not only during trial but
also when the case has already been submitted for decision.
Right extends to all citizens, including those in the military, and covers the
period before, during and after trial.
Right can be waived failure to seasonably assert this right.
Self-incrimination
No person shall be compelled to be a witness against himself.
Right is available not only in criminal prosecutions but also in all other
government proceedings, including civil actions and administrative or
legislative investigations.
It may be claimed not only by the accused but also by any witness to whom
a question calling for an incriminating answer is addressed.
General Rule: it may be invoked only when and as the question calling for
an incriminating answer is asked. This applies only to ordinary witness.
In criminal prosecution accused may not be compelled to take the witness
stand.
Similarly applicable to a respondent in an administrative proceeding.
Scope: not against all compulsion, but testimonial compulsion only. (not the
inclusion of his body in evidence when it may be material)
Prohibition extends to the compulsion for the production of documents,
papers and chattels that may be used as evidence against the witness, except
where the State has a right to inspect the same such as the books of
accounts of corporations, under the police or taxing power or where a
government official is required to produce official documents/public
records which are in their possession.
Also protects the accused against any attempt to compel him to furnish a
specimen of his handwriting in connection with a prosecution for
falsification.
Immunity:
Transactional Immunity: witness immune from any criminal prosecution
for an offense to which his compelled testimony relates.
Use and Fruit Immunity: prohibits the use of the witness compelled
testimony and its fruits in any manner in connection with the criminal
prosecution of the witness.
Those granted this privilege paid a high price the surrender of their right
to remain silent. Should be given a liberal interpretation.
Waiver: either directly or by failure to invoke it, provided that the waiver is
certain and unequivocal and intelligently made.
Non-detention by Reason of Political Beliefs or Aspirations
No person shall be detained solely by reason of his political beliefs or
aspirations.
Involuntary Servitude
No involuntary servitude in any form exist except as a punishment for a
crime whereof the party shall have been duly convicted.
Exceptions:
Punishment for a crime whereof one has been duly convicted;
Patria potestas
Posse comitatus
Return to work order in industries affected by public interest
Service in defense of the state
Naval (merchant marine) enlistment
Prohibited Punishment
Excessive fines shall not be imposed.
Nor cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless for compelling reasons
involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to RP.
The employment of physical, psychological or degrading punishment
against any prisoner or detainee, or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Mere severity does not constitute cruel or unusual punishment.
The penalty must be flagrantly and plainly oppressive, wholly
disproportionate to the nature of the offense as to shock the moral sense of
the community.
Death penalty is not a cruel or unusual punishment. It is an exercise of the
States power to secure society against the threatened and actual evil.
Automatic review in death penalty cases shall proceed even in the absence
of the accused, considering that nothing less than life is at stake and any
court decision must be error-free as possible.
Non-imprisonment for Debt
No person shall be imprisoned for debt or non-payment of a poll tax.
While the debtor cannot be imprisoned for failure to pay his debt, he can be
validly punished in a criminal action if he contracted his debt through
fraud, as his responsibility arises not from the contract of loan, but from the
commission of the crime.

Double Jeopardy
No person shall be twice put in jeopardy of punishment for the same
offense.
If an act is punished by law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
Requisites:
valid complaint or information
does not attach in preliminary investigation.
filed before a competent court
mistake has been made in charging the proper offense, the first charge shall
be dismissed to pave the way for the filing of the proper offense. The
dismissal of the first case will not give rise to double jeopardy inasmuch as
the court does not have jurisdiction over the case,
to which defendant had pleaded
no arraignment = no double jeopardy
grant of motion to quash, filed before the accused makes his plea, can be
appealed by the prosecution because the accused has not yet been placed in
jeopardy.
defendant was previously acquitted or convicted, or the case dismissed or
otherwise terminated without his express consent
promulgation of only one part of the decision is not a bar to the
promulgation of the other part, the imposition of the criminal accountability
and does not constitute a violation of the proscription against double
jeopardy.
Dismissal of action
permanent dismissal
termination of the case on the merits resulting in either conviction or
acquittal
dismissal of the case because of the prosecutions failure to prosecute
dismissal on the ground of unreasonable delay in violation of the right to
speedy trial
provisional dismissal dismissal without prejudice to reinstatement before
order of dismissal becomes final or to subsequent filing of a new
information within the periods allowed by law.
Express consent directly given, either viva voce or in writing, a positive,
direct, unequivocal consent requiring no inference or implication to supply
its meaning.
When dismissal is made at the instance of the accused, there is no double
jeopardy.
When the ground for motion to dismiss is insufficiency of evidence (grant
of demurrer) equivalent to an acquittal and any further prosecution
would violate the constitutional proscription against double jeopardy.
When the proceedings have been unreasonably prolonged as to violate the
right of the accused to speedy trial double jeopardy
Revival of the case provisionally dismissed time-bar for the revival of
criminal cases provisionally dismissed with the express consent of the
accused and with prior notice to the offended party:
2 years if the offense charged is penalized by more than 6 years
imprisonment
1 years if the penalty imposed does not exceed 6 years imprisonment or a
fine in whatever amount
Prohibits the state from appealing or filing a petition for review if judgment
of acquittal that was based on the merits of the case. Certiorari will lie to
correct errors of judgment.
Double jeopardy provides three related protections:
Against 2nd prosecution for the same offense after acquittal;
Against a 2nd prosecution for the same offense after conviction; and
Against multiple punishments for the same offense.
Instances when prosecution may appeal
Prosecution is denied due process, such denial results in loss or lack of
jurisdiction and this appeal may be allowed
Accused has waived or is estopped from invoking his right against double
jeopardy
No double jeopardy
Mistrial
State is deprived of fair opportunity to prosecute and prove its case
Dismissal of information/complaint is purely capricious
Lack of proper notice to be heard
Accused waives or is estopped from invoking his right against double
jeopardy.
Dismissal/acquittal is made with grave abuse of discretion
Discharge of co-accused to be utilized as government witness
Accused cannot be prosecuted anew for an identical offense, or for any
attempt to commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in the
original complaint or information.
Doctrine of Supervening Event the accused may still be prosecuted for
another offense if a subsequent development changes the character of the
first indictment under which he may have already been charged or
convicted.
The conviction of the accused shall not be a bar to another prosecution for
an offense which necessarily includes the offense charged in the original
complaint or information when:

Graver offense developed due to supervening facts arising from the same
act or omission;
Facts constituting the graver offense or were discovered only after the filing
of the former complaint or information; or
The plea of guilty to a lesser offense was made without the consent of the
fiscal or the offended party.
Ex post facto law and Bill of attainder
No ex post facto law or bill of attainder shall be enacted.
Ex post facto law
Kinds
Law that makes criminal an action done before the passage of the law and
which was innocent when done, and punishes such action;
Law that aggravates a crime, or makes it greater than it was when
committed;
Law that changes the punishment, and inflicts a greater punishment than the
law annexed to the crime when committed;
Law that alters legal rules of evidence and receives less or different
testimony than the law required at the time of the commission of the
offense, in order to convict the offender;
Law which, assuming to regulate civil rights and remedies only, in effect
imposes a penalty or the deprivation of a right for something which when
done was lawful;
Law which deprives a person accused of a crime of some lawful protection
to which they have been entitled
Characteristics
Retroactive
Works to the prejudice of the accused
Refers to criminal matters
Bill of attainder
Definition: legislative act that inflicts punishment without trial.
Substitutes legislative fiat for a judicial determination of guilt.
It is only when the statute applies either to named individuals or to easily
ascertainable members of a group in such a way as to inflict punishment on
them without judicial trial that it becomes a bill of attainder.
Anti-Subversion Act is not a bill of attainder. simply declares that the
Communist Party is an organized conspiracy to overthrow the Government
and for definitional purposes only.
VII. CITIZENSHIP
Definition: membership in a political community which is personal and
more or less permanent in character.
Nationality is membership in any class or form of political community. It
does not necessarily include the right/privilege of exercising civil or
political rights.
Modes of acquiring:
Marriage
Birth
Jus soli
Jus sanguinis
Naturalization
Natural-born citizens citizens of the Philippines from birth without having
to perform any act to acquire or perfect their Philippine citizenship.
Marriage by Filipino to an alien citizens of the Philippines who marry
aliens shall retain their citizenship, unless by their act or omission they are
deemed, under the law, to have renounced it.
Dual allegiance of citizens is inimical to the national interest and shall be
dealt with by law.
Dual citizenship as a disqualification under the LGC must refer to dual
allegiance.
For candidates with dual citizenship, it is sufficient that they elect
Philippine citizenship upon the filing of their certificate of candidacy to
terminate their status as persons with dual citizenship.
Filing of certificate of candidacy is sufficient to renounce foreign
citizenship.
Attack on ones citizenship may be made only through a direct and not
collateral attack.
Doctrine of res judicata does not ordinarily apply to questions of
citizenship.
Exception:
Persons citizenship is resolved by a court or an administrative body as a
material issue in the controversy, after full-blown hearing
Active participation of the SolGen or his representative
Finding of citizenship is affirmed by the SC
Citizens of the Philippines
Citizens of the Philippines at the time of the adoption of the 1987
Constitution
Whose fathers or mothers are citizens of the Philippines
Born before January 17, 1973, of Filipino mothers, who elect Philippines
citizenship upon reaching the age of majority
Election stated in a statement to be signed and sworn to by the party
concerned before any official authorized to administer oath.
Filed with the nearest Civil Registry

Accompanied with the Oath of Allegiance to the Constitution and the

Government
Within 3 years from reaching the age of majority except when there is
justifiable reason for delay.
Doctrine of Implied Election exercise of right of suffrage and
participation in the election exercises
Right is available to the child as long as the mother was a Filipino citizen at
the time of the marriage to the alien, even if by reason of such marriage,
she lost her Philippine citizenship and even if the mother was not a citizen
at time of birth.
Right to elect Philippine citizenship is an inchoate right
During his minority, child is an alien.
Apply only to legitimate children.
If the child is illegitimate, he follows the status and citizenship of his
known parent, the mother.
Naturalization
Modes of Naturalization
Direct
Judicial or administrative proceedings
Special act of legislature
Collective change of nationality, resulting from cession or subjugation
Adoption of orphan minors as nationals of the State where they were born
Derivative
Alien woman upon marriage to a national
Minor children of naturalized person
Wife of naturalized husband
Doctrine of Indelible Allegiance: individual may be compelled to retain his
original nationality even if he has already renounced or forfeited it under
the laws of the second State whose nationality he has acquired.
Qualifications:
Not less than 21 at the date of the hearing;
Resided in the Philippines for a continuous period of 10 years
Reduced to 5 years IF
Born in the Philippines
Honorably held office in Government
Introduced a useful invention or established a new industry
Engaged as a teacher in the Philippines, public or private school (except
those established for the exclusive instruction of persons of a particular
nationality) or in any branches of education or industry for a period of not
less than 2 years
Good moral character; believes in the underlying principles of the
Constitution; conducted himself in a proper and irreproachable manner
during his residency
Own real estate in the Philippines not less than P5,000, have some lucrative
trade, profession or lawful occupation
Speak and write English/Spanish/any principal Philippine languages
Enrolled his minor children of school age to public/private schools
recognized by the Government, where Philippine history, government and
civic are taught
Disqualifications:
Opposed to organized government or affiliated with any association of
groups/persons who uphold and teach doctrines opposing all organized
governments
Defending or teaching the propriety of violence, personal assault,
assassination for the success or predominance of ideals
Polygamists or believers
Convicted of a crime involving moral turpitude
Suffering from mental alienation or incurable contagious disease
Who, during the period of their residence, have not mingled socially with
Filipinos or who have not evinced a sincere desire to learn and embrace the
customs, traditions and ideals of the Filipinos
Citizens and subjects of nations with whom the Philippines is at war, during
the period of such war
Citizens and subjects of foreign country whose law does not grant Filipinos
the right to become naturalized citizens
Procedure
File declaration of intention with SolGen one year prior to the filing of
the petition
Exception:
Born in the Philippines and received primary and secondary education in
public or private schools recognized by the Government and not limited to
particular race
Resided in the Philippines for 30 years or more before the petition and
enrolled his children to elementary and high schools recognized by the
Government and not limited to particular race
Widow and minor children if an alien who has declared his intention to
become a citizen of the Philippines and dies before he is actually
naturalized.
File petition + affidavit of 2 credible persons, citizens of the Philippines
who personally know the petitioner, as character witness
Publication of petition
Jurisdictional

Published in OG or in a newspaper of general circulation once a week for

three consecutive weeks
Actual residence during the entire proceedings
Hearing
Promulgation of the decision
Hearing after 2 years (Probation period of 2 years)
Not left the Philippines
Dedicated himself continuously to a lawful calling/profession
Not been convicted of any offense or violation of rules
Not committed any act prejudicial to the interest of the nation or contrary to
any Government-announced policies
Oath taking and issuance of certification
Effects
Vests citizenship on wife if she herself may be naturalized
Minor children born in the Philippines before naturalization shall also be
considered citizens
Minor children born outside the Philippines but residing in the Philippines
at the time of naturalization shall also be considered citizens
Minor children born outside the Philippines shall be citizens only during
minority, unless he begins to reside permanently in the Philippines
Child born outside the Philippines, after the naturalization of the parents
shall be considered citizens, Provided he registers as such before any
Philippine consulate within one year after attaining majority age and takes
his oath of allegiance
Grounds for Denaturalization
Naturalization certificate obtained fraudulently or illegally
Invalid declaration of intention
Minor children failed to graduate through the fault of parents
Allowed himself to be used as dummy
If within 5 years he returns to his native country or some foreign country
and establishes residence there
1-year stay in native country or 2-year stay in a foreign country is prima
facie evidence of intent to take up residence
Effects of Denaturalization: if the ground affects the intrinsic validity of the
proceedings, the denaturalization will divest wife and children; if ground is
personal to the denaturalized Filipino, his wife and children shall retain
Philippine citizenship.
Naturalization by direct legislative action discretionary on Congress;
usually for aliens who made outstanding contributions to the country
Administrative Naturalization grant Philippine citizenship by
administrative proceedings to aliens born and residing in the Philippines
Special Committee on Naturalization - SolGen (Chairman), Sec of FA and
National Security Adviser power to approve, reject or deny applications
Qualifications
Born in the Philippines and residing therein since birth
Not less than 18 at the time of filing
Good moral character; believes in the underlying principles of the
Constitution; conducted himself in a proper and irreproachable manner
during his residency
Received primary and secondary education in any public/private school
recognized by DECS, where Philippine history, government and civics is
taught and not limited to any race/nationality; Provided that where he has
minor children, must be enrolled in similar schools
Known trade, business, profession or lawful occupation from which he
derives income sufficient to support himself and family
N/A to college degree holders who are disqualified from practicing their
profession due to citizenship requirements
Able to read, write and speak Filipino or any of the dialects
Mingled with Filipinos and evinced a sincere desire to learn and embrace
the customs and traditions and ideals of the Filipino people
Procedure
File with Special Committee a petition
Publication of pertinent portions of the petition once a week for 3
consecutive weeks in newspaper of general circulation
Posting of copies in public or conspicuous areas
Furnish copies to following agencies who shall post copies of the petition in
any public or conspicuous areas in their building officers and premises and
within 30 days submit to Committee a report stating whether or not
petitioner has any derogatory record on file
DFA
Bureau of Immigration and Deportation
Civil registrar of petitioners place of residence
NBI
Within 60 days from receipt of agencies report, Committee shall consider
and review all information.
If Committee receives any adverse information, Committee shall allow
petitioner to answer, explain or refute the petition
Deny or Approve petition
Within 30 days from approval, petitioner pays P100,000, take oath of
allegiance and certificate of naturalization shall issue.

Within 5 days from taking oath, BoI shall forward copy of oath to the
proper local civil registrar and cancel petitioners alien certificate of
registration.
Status of Alien Wife and Minor Children
May filed a petition for cancellation of their alien certificate of registration.
If applicant is a married woman, husband may not benefit. But minor
children may avail of the right to seek the cancellation of alien certificate of
registration.
Cancellation of the Certificate of Naturalization
Naturalized person or representative made any false statement or
misrepresentation or obtained citizenship fraudulently or illegally or
committed any violation of the law, rules or regulations
w/in 5 years shall establish permanent residence in a foreign country
1-year stay in native country or 2-year stay in a foreign country is prima
facie evidence of intent to take up residence
Allowed himself, wife or children with acquired citizenship to be used as
dummy
He, his wife or children commits any act inimical to national interest
Loss and Reacquisition of Philippine Citizenship
Loss of Citizenship
Naturalization in a foreign country
RA 9225
By express renunciation of citizenship
By subscribing to an oath of allegiance to support the Constitution or laws
of a foreign country upon attaining 21 years of age
Principle of Indelible Allegiance Filipino may not divest himself of
Philippine citizenship in this manner while Philippines is at war with any
country
By rendering service or accepting commission in the armed forced of a
foreign country
Exceptions:
Philippines has a defensive and/or offensive pact of alliance with the said
foreign country
Foreign country maintains armed forces in the Philippine territory with
consent of the Republic
By cancellation of the certificate of naturalization
By having been declared by competent authority a deserter of the
Philippine armed forces in time of war
Reacquisition of Citizenship
Taking the oath of allegiance required of former natural-born Philippine
citizens who may have lost their citizenship by reason of their acquisition
of the citizenship of a foreign country
Naturalization provided that he possesses none of the disqualifications
Repatriation or deserters of the Army, Navy or Air Corps; a woman who
has lost her citizenship by reason of marriage may be repatriated after
termination of marital status
Repatriation takes effect as of the date of filing of his application.
Effect of repatriation is to allow the person to recover or return to his
original status before he lost his Philippine citizenship.
Direct act of Congress
VIII. THE LEGISLATIVE DEPARTMENT
Legislative power the power to propose, enact, amend and repeal laws
Vested in Congress except to the extent reserved to the people by the
provision in initiative and referendum
People can directly propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local legislative body after
the registration of a petition thereof signed by at least 10 per centum of the
total number of registered voters, of which every legislative district must be
represented by at least 3 per centum of the registered voters.
Initiative power of the people to propose amendments to the Constitution
or to propose and enact legislation through an election called for that
purpose.
Initiative on the Constitution
Initiative on Statutes
Initiative on local legislation
Indirect Initiative exercise of initiative by the people through a
proposition sent to Congress or local legislative body for action
Referendum power of the electorate to approve or reject legislation
through an election called for that purpose.
Referendum on Statutes
Referendum on local legislation
Prohibited measures
Petition embracing more than one subject
Involving emergency measures, the enactment of which is specifically
vested in Congress by the Constitution, cannot be subject to referendum,
until 90 days after effectivity
Local Initiative,
Not less than 2,000 registered voters in case of autonomous regions
1,000 in provinces and cities
100 in municipalities
50 in baranagays

File a petition with Regional Assembly or local legislative body

Limitation on Local Initiative
Exercised not more than once a year
Extend only to subjects or matters which are within the legal powers of the
local legislative body to enact
If at any time before the initiative is held, the local legislative body shall
adopt in toto the proposition presented, the initiative shall be cancelled
Composition of Congress: Senate and House of Representative
Senate: 24 senators, elected at large by qualified voters
Qualifications
Natural-born
On the day of the election, at least 35 years of age
Able to read and write
Registered voter
Resident of the Philippines for not less than 2 years immediately preceding
the day of the election
Term: 6 years, commencing at noon on 30th day of June next following their
election
Limitation: no senator shall serve for more than 2 consecutive terms.
Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the full
term for which elected.
House of Representatives: not more than 250, unless otherwise provided by
law
Composition
District representative
Party-list representative
Sectoral representative
Apportionment of legislative district is a justiciable question
(Provinces and cities and Metro Manila area) Apportionment shall be made
in accordance with the number of respective inhabitants on the basis of a
uniform and progressive ratio.
Each city with not less than 250,00 inhabitants entitled to at least 1 rep
Each province, irrespective of number of inhabitants entitled to at least 1
rep
Each legislative district shall comprise, as far as practicable, compact,
contiguous and adjacent territory.
Congress to make reapportionment of legislative districts within 3 years
following return of every census.
Constitution does not preclude Congress from increasing its membership by
passing a law other than a general apportionment law.
Reapportionment of legislative districts may be made through a special law.
Qualifications:
Natural-born Filipino citizen
At the day of the election, at least 25 years old
Able to read and write
Except the party-list representative, a registered voter in the district in
which he shall be elected
Resident thereof for not less than 1 year immediately preceding the day of
the election
Principles
Minor follows domicile of parents
Domicile of origin is lost only when there is
actual removal or change of domicile
bona fide intention of abandoning the former residence and establishing a
new one
acts which corresponds with the purpose
Wife does not automatically gain husbands domicile
THEORY OF LEGAL IMPOSIBILITY J. Francisco (Aquino v. Comelec)
Immigration to the US by virtue of a green card constitutes abandonment
of domicile in the Philippines. (Caasi vs. COMELEC)
Term: 3 years, commencing at noon on the 30 th day of June next following
their election,
Limitation: shall not serve for more than 3 consecutive terms.
Party-List System: mechanism for proportional representation
Party: political party, sectoral party or coalition of parties
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 candoidates
for public office.
National Party: constituency is spread over the geographical territory of at
least a majority of the regions.
Regional Party: constituency is spread over the geographical territory of at
least a majority of the cities and provinces comprising the region.
Sectoral Party: (LUFEP-WHIP-VY) organized group of citizens belonging
to any of the following: labor, urban poor, fisherfolk, elderly, peasants,
women, handicapped, indigenous cultural communities, overseas workers
and professionals, veterans and youth.
Sectoral Organization: group of citizens or a coalition of groups of citizens
who share similar physical attributes, characteristics, employment, interest
or concern.

Coalition: aggrupation of duly registered national, regional, sectoral parties

or organization for political and/or election purposes.
Registration/Manifestation to Participate in the Party-List System
90 days prior to election, petition verified by its President or Secretary
If already registered, file instead a manifestation of its desire to participate
in the party-list system
Refusal and/or Cancellation of Registration (motu proprio or upon verified
complaint filed by any interested party; after due notice and hearing)
Religious sect/denomination
Advocate violence to attain goal
Foreign party/organization
Receives support from foreign party/org
Declares untruthful statement in its petition
Violates or fails to comply with election laws, rules and regulations
Failed to participate in the last 2 preceding elections or fails to obtain at
least 2% of the votes cast under the party-list system in the 2 preceding
elections for the constituency in which it has registered
Ceased to exist for at least 1 year
Nomination of a party-list representative: each registered party,
organization or coalition must submit a list of names to the COMELEC not
later than 45 days before the election.
Not less than 5
Only persons who have given their consent may be included in the list
Not include any candidate for elective position, or who lost the immediately
preceding election
No change allowed except:
Dies
Withdraws in writing
Becomes incapacitated
Incumbent who are nominate are NOT considered resigned.
Qualifications of a Party-list nominee
Natural-born citizen
Able to read and write
Registered voter
Resident of the Philippines at least 1 year immediately preceding the day of
the election
Bona fide member of the party/organization which he seeks to represent at
least 90 days preceding the day of the election
At least 25 years old at the day of the election
Youth sector at least 25 but not more than 30. If during his term reaches
the age of 30, he shall be allowed to continue until expiration of term.
Manner of Voting every voter entitled to two votes, 1 for member of the
House and 1 for the party, organization or coalition.
Number 20% of the total number of the members of the House including
those under the party-list.
In determining the allocation of seats for the second vote:
Parties, organizations and coalitions shall be ranked from the highest to the
lowest cased on the number of votes they garnered during the election
Parties, organizations and coalitions receiving at least 2% of the total votes
cast for the party-list system shall be entitled to 1-seat each, those garnering
more than 2% of the votes shall be entitled to additional seats in proportion
to their total number of votes
Each party, organization or coalition shall be entitled to not more than 3
seats
4 inviolable parameters:
20% allocation: combined number of all party-list congressmen shall not
exceed 20% of the total membership of the House
2% threshold: only those parties garnering a minimum of 2% of the total
valid votes cast for the party-list system are qualified to have a seat
3-seat limit: each qualified party, regardless of the number of votes it
actually obtained, is entitled to a maximum of 3 seats
Proportional representation: additional seats which a qualified party is
entitled to shall be computed in proportion to their number of votes.
In order that a political party registered under the party-list system may be
entitled to a seat in the House:
Represent the marginalized and under-represented sector
Major political parties must comply with this statutory policy
Constitutional prohibition against religious sect
Not disqualified under RA7941
Not adjunct or project funded by government
Party and its nominees must comply with the requirements of the law
Nominee must also represent the marginalized and under-represented sector
Nominee must be able to contribute to the formulation and enactment of
appropriate legislation
Choosing Party-List Representative: proclaimed by COMELEC based on a
list of names submitted by respective parties, according to their ranking in
the list.
Effect of Change of Affiliation
Changes affiliation during term forfeiture of seat
IF w/in 6 months before election, he shall not be eligible for nomination
under new party

Vacancy automatically filled by the next rep from the list of nominees and
shall serve for the unexpired term. If the list is exhausted, the party,
organization or coalition shall submit additional nominees.
Term of Office: term of 3 years and shall be entitled to same salaries and
emoluments as regular members of the House.
Election
Regular: 2nd Monday of May
Special: to fill a vacancy; serve for the unexpired term
Salaries
Determined by law.
No increase in said compensation shall take effect until after the expiration
of the term of all the members of the Senate and House approving such
increase.
Privileges
Freedom from Arrest
Offenses punishable by not more than 6 years imprisonment, be privileged
from arrest while Congress is in session.
Privilege of Speech and of Debate
Not be questioned nor be held liable in any other place for any
speech/debate in the Congress or in any committee.
Held to account for such speech or debate by the House to which he
belongs
Disqualifications
Incompatible Office
Not hold any other office or employment
Forfeiture of the seat in Congress automatically upon assumption of
incompatible office.
N/A if he holds the government office in an ex officio capacity
Forbidden Office
Neither shall he be appointed to any office which may have been created or
the emoluments thereof increased during the term for which he was elected.
Last only for the duration of the term for which the member of Congress
was elected.
Other Inhibitions
not personally appear as counsel before any court, ET, quasi-judicial or
other administrative bodies
not be directly or indirectly interested financially in any contract with, or
any franchise or special privilege granted by the Government
not intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of his
office.
Session
Regular: convene once a year on the 4 th Monday of July unless a different
date is fixed by law; and shall continue for such number of days as it may
determine until 30 days before the opening of its next regular session,
exclusive of Saturdays, Sundays and legal holidays.
Special: call by president usually to consider legislative measure which the
President may designate in his call
Joint
Voting Separately
Choosing the president
Determine disability of the president
Confirming nomination of VP
Declaration of the existence of a state of war
Proposing constitutional amendments
Voting Jointly
Revoke/extend proclamation suspending the privilege of the writ of HC
Or placing the Philippines under martial law
Adjournment neither House during the sessions of the Congress shall,
without the consent of the other adjourn for more than 3 days nor to any
other place than that in which the 2 Houses shall be sitting.
Officers
Senate elects its President
House elects its Speaker
Each nay choose such other officers as it may deem necessary
Quorum
Majority of each House
But a smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner and under such penalties as
such House may determine
Quorum in the Senate shall be the total number of Senators who are in the
country and within the coercive jurisdiction of the Senate.
Rules of Proceedings
Each House determined the rules of its proceedings.

Discipline of Members
House may punish its members for disorderly behavior, and with
concurrence of 2/3 of all its members, suspend (for not more than 60 days)
or expel a member.
Determination of acts which constitute disorderly behavior is within the full
discretionary authority of the House concerned, and the Court will not
review such determination, the same being a political question.
Records and Books of Accounts
Preserve and open to public
Books shall be audited by COA which shall publish annually an itemized
list of amounts paid to and expenses incurred by each member.
Legislative Journal and Congressional Records
Each House shall keep a Journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, affect
national security;
And the yeas and nays on any question shall, at the request of 1/5 of the
Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
Matters which under the Constitution are to be entered in the journal:
Yeas and nays on 3rd and final reading of a bill
Veto message of the President
Yeas and nays on the repassing of a bill vetoed by the President
Yeas and nays on any question at the request of 1/5 of members present.
Enrolled Bill Theory: enrolled bill is one duly introduced and finally passed
by both Houses, authenticated by the proper officers of each and approved
by the President.
Enrolled Bill prevails, except to matters which under the Constitution must
be entered in the Journal.
Electoral Tribunals
Composition
3 SC Justices designated by CJ, the senior justice shall be the chairman
6 members of the house, chosen on the basis of proportional representation
from the political parties registered
Non-partisan court; independent of Congress
Termination of Membership:
Expiration of congressional term
Death
Resignation from political party
Formal affiliation to another political party
Removal for other valid causes
Cannot disqualify senator-member just because election contest is filed
against him. (Abbas vs. Senate ET)
Doctrine of Primary Administrative Jurisdiction, prior recourse to the
House is necessary before the case may be brought to the Court.
Power: sole judge of all contests relating to the election, returns and
qualifications of their respective members.
HRET may assume jurisdiction only when after the winning candidate shall
have been duly proclaimed, has taken oath of office, and has assumed
functions of the office.
Decisions may be reviewed by SC by showing grave abuse of discretion in
a petition for certiorari filed under R65.
Commission on Appointment
Composition
Senate President, ex-officio chairman
12 senators
12 house
* b and c elected by each House on the basis of proportional representation
from the political parties registered.
Powers act on all appointments submitted to it within 30 session days of
Congress from their submission.
Shall rule by majority vote of its members
Meet only while Congress is in session
At the call of its Chairman or majority of all its members
Independent of the 2 Houses and has the power to promulgate its own rules
of proceedings.
Powers of Congress
General (plenary) legislative power
Limitations:
Substantive
Express
Bill of rights
Appropriations
Taxation
Constitutional appellate jurisdiction of SC
No law granting a title of royalty or nobility shall be passed
Implied

Non-delegation of powers
Prohibition against the passage if irrepealable laws
Procedural
Only one subject to be expressed in the title
Title is not required to be an index of the contents of the bill
Sufficient compliance if the title expresses the general subject and all the
provisions of the statute are germane to thee subject
Sufficient if the title is comprehensive enough, as in this case, to include
subjects related to the general purpose which the statute seeks to achieve.
Rider is a provision not germane to the subject matter of the bill.
Three readings on separate days
Printed copies of bill in its final form distributed to Members 3 days before
its passage
EXCEPT when the President certifies to its immediate enactment to meet a
public calamity or emergency
Upon last reading, no amendment allowed, and vote thereon taken
immediately and the yeas and nays entered in the journal
Presidential certification dispensed with the requirement not only of
printing but also that of reading the bill on separate days.
Legislative Process
Requirements as to bill
Only 1 subject to be expressed in the title
Appropriation, revenue bills, tariff bills, bills of local application, bills
authorizing increase of public debts and private bills shall originate
exclusively in the House of Representative.
It is not the law, but the bill, which is required to originate exclusively in
the House, because the bill may undergo such extensive changes in the
Senate that the result may be a rewriting of the whole.
The Constitution does not prohibit the filing in the Senate of a substitute
bill in anticipation of its receipt of the bill from the House, so long as the
action by the Senate as a body is withheld pending receipt of the House bill.
Procedure: passed 3 readings on separate days, and printed copies in its
final form have been distributed to its Members 3 days before its passage
EXCEPT when President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency.
Courts are denied the power to inquire into allegations that, in enacting a
law, a House of Congress failed to comply with its own rules, in the
absence of any showing that there was a violation of constitutional
requirements or the rights of private individuals.
It is within the Bicameral Conference Committee to include in its report an
entirely new provision that is not found either in the House or Senate bill.
If the Committee can propose an amendment consisting of 1 or 2
provisions, there is no reason why it cannot propose several provisions,
collectively considered as an amendment in the nature of a substitute so
long as the amendment is germane to the subject of the bills before the
Committee.
Jurisdiction of the Conference Committee is not limited to resolving
differences between the Senate and the House versions of the bill. It may
propose an entirely new provision.
Approval of Bills
The bill becomes a law in the following cases:
President approves the same and signs it.
Congress overrides the Presidential veto if the President disapproves the
bill, he shall return the same, with his objections contained in his Veto
message to the House of origin (which shall enter the objections at large in
its Journal). The veto is overridden upon a vote of 2/3 of all members of the
House of origin and the other House. Yeas and Nays entered in the Journal
of each House.
No pocket veto.
Partial veto, as a rule, is invalid. It is allowed only for particular items in an
appropriation, revenue or tariff bill. The President cannot veto part of an
item in an appropriation bill while approving the remaining portion of the
item.
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. It
may be negative (subjecting the executive action to disapproval by
Congress) or affirmative (requiring approval of the executive action by
Congress)
When the President fails to act upon the bill for 30 days from receipt
thereof, the bill shall become a law as if he had signed it.
Power of Appropriation
Spending power called the power of the purse belongs to Congress
subject only to the veto power of the President.
It is the President who proposes the budget, the final say on the matter of
appropriation is lodged in Congress.
The power of appropriation carries with it the power to specify the
project/activity to be funded under the appropriation law.
Need for appropriation NO money shall be paid out of the Treasury
except in pursuance of an appropriation made by law.
Indispensable requisites or condition sine qua non for the execution of
government contracts:
Existence of appropriation

Availability of funds
Appropriation law a statute the primary and specific purpose of which is
to authorize the release of public funds from the Treasury.
Classification:
General Appropriations Law passed annually, for the financial operations
of the government.
Special Appropriations Law for specific purpose
Implied Limitation on Appropriation Measures
Appropriation must be devoted to public purpose
Sum authorized to be released must be determinate or at least determinable
Decree do not specify the specific amounts to be paid, the amounts are
nevertheless made certain by the legislative parameters provided in the
decrees.
The mandate being only to pay the principal, interest, taxes and other
normal banking charges.
Constitutional Limitation on Special Appropriation Measure
Specify the public purpose for which the sum is intended
Must be supported by funds actually available as certified to by the
National Treasurer or to be raised by a corresponding revenue proposal
included therein.
Constitutional Rules on General Appropriations Law:
Congress may not increase the appropriations recommended by the
President for the operation of the Government.
The form, content and manner of preparation of the budget shall be
prescribed by law.
No provision or enactment shall be embraced unless it relates specifically
to some particular appropriation. Any such provision or enactment shall be
limited in its operation to the appropriation to which it relates. This is
intended to prevent riders or irrelevant provisions included in the bill to
ensure its approval.
Procedure for approving appropriations for Congress shall strictly follow
the procedure for approving appropriations for other departments and
agencies. (to prevent sub rosa appropriation by Congress)
Prohibition against transfer of appropriations
Exception:
President
Senate President
Speaker
Chief Justice
Heads of Constitutional Commission
By law, be authorized to augment any item in the general appropriation law
for their respective offices from savings in other items of their respective
appropriations.
Prohibition against appropriation for sectarian benefit
Exception: priest, preacher, minister or dignitary is assigned to the armed
forces or to any penal institution or government orphanage or leposarium.
Automatic reappropriation
If Congress failed to pass the general appropriations bill for the ensuing
year, the general appropriations bill for the preceding fiscal year shall be
deemed re-enacted until said bill is passed.
Impoundment the refusal by the President for whatever reason to spend
funds made available by Congress. It is the failure to spend or obligate
budget authority of any type.
Appropriation Reserves the Administrative Code authorizes the Budget
Secretary to establish reserves against appropriations to provide for
contingencies and emergencies which may arise during the year.
This is expenditure deferral not suspension, since the agencies concerned
can still draw on the reserves if the fiscal outlook improves.
Power of Taxation
Limitations
uniform and equitable evolve a progressive system of taxation
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.
all revenues and assets of non-stock, non-profit educational institutions
used directly, actually and exclusively for educational purposes shall be
exempt from taxation.
Law granting tax exemptions shall be passed only with concurrence of
majority of all members of Congress
Power of Legislative Investigation
Conduct inquiries in aid of legislation.
Rights of persons appearing in or affected by such inquiries shall be
respected.
Limitations
in aid of legislation
in accordance with duly published rules of procedure
Rights of persons appearing in, or affected by such inquiry shall be
respected
Power to punish for contempt: Senate being a continuing body may order
imprisonment for an indefinite period, but principles of due process and
equal protection will have to be considered.
Question Hour

Heads of the departments may upon their own initiative with the consent of
the President OR upon the request of wither House, as the rules of each
House shall provide, appear before and be heard by the House on any
matter pertaining to their departments.
Written questions submitted to the Senate P or Speaker, 3 days before the
scheduled appeared.
Interpellations shall not be limited to the written questions, may cover
matters related thereto.
When the security of the State or the public interest so requires, may be
held in executive session.
War Powers
Declaration of the existence of state of war 2/3 of both Houses in joint
session, voting separately
Power to act as Board of Canvassers in election of President
Power to call a Special Election for President and VP
Power to judge the Presidents physical fitness to discharge the functions of
Presidency
Power to revoke or extend suspension of the privilege of the writ of HC or
declaration of martial law
Power to concur in Presidential amnesties
Concurrence of majority of all members of the Senate
Power to concur in treaties or international agreements
2/3 of all the members of the Senate
Power to confirm certain appointments by the President
in the event of vacancy in the Office of VP, from among members of
Congress confirmed by majority vote of all the Members of both Houses of
Congress, voting separately.
Nominations by President under Sec 16, Article 7 confirmed by
Commission on Appointments
Power to impeachment
Power relative to natural resources
Power to propose amendments to the Constitution
IX. EXECUTIVE DEPARTMENT
The President
Qualifications
natural-born citizen
registered voter
able to read and write
on the day of the election, at least 40 years old
resident of the Philippines for at least 10 years immediately preceding such
election
Election
Regular Election: 2nd Monday of May
Congress as Board of Canvassers
Returns of every election for President and VP, duly certified by Board of
Canvassers of each province or city shall be transmitted to Congress
directed to Senate President.
SP, upon receipt, shall not later than 30 days after the day of the election,
open all the certificates in the presence of the Senate and House in joint
public session.
Congress upon determination of the authenticity and due execution, shall
canvass the votes.
Congress shall promulgate its own rules.
2 or more candidates shall have an equal and highest number of votes, one
of them shall be chosen by a majority vote of all members of Congress.
Congress has the authority to proclaim the winning candidates for the
position of President and Vice President
Congress may delegate the initial determination of the authenticity and due
execution of the certificate of canvass to a Joint Congressional Committee,
composed of members of the House and Senate
The decisions and final report of the Committee shall be subject to the
approval of the joint session of both Houses if Congress, voting separately.
Even if Congress has adjourned its regular session it may continue to
perform this Constitutional duty of canvassing the presidential and vicepresidential election results without need of any call for a special session by
the President.
The joint public session cannot adjourn sine die until it has accomplished
its constitutionally mandated task.
No constitutional or statutory basis for COMELEC to undertake a separate
and an unofficial tabulation of results descends to the level of private
organization while using public funds, violates exclusive prerogative of
NAMFREL and taints integrity of envelopes containing ER and the ERs
themselves.
SC as Presidential Electoral Tribunal
SC, en banc
Sole judge of all contests relating to the election, returns and qualifications
of the President or VP
Promulgate its own rules

Term of Office: 6 years

No re-election
No person who has succeeded as President and has served for more than 4
years shall be qualified for election to the same office at any time
Privileges
Official Residence
Salary
Determined by law
Shall not be decreased during tenure
No increase shall take effect until after expiration of the term of the
incumbent during which such increase was approved.
Immunity from Suit
President is immune from suit
May not be prevented from instituting a suit
Immune from civil liability
After tenure, cannot invoke immunity from suit for civil damages arising
out of acts done by him while he was President which was not performed in
the exercise of official duties.
Department Secretaries, though alter egos, cannot invoke Presidents
immunity from suit.
Prohibitions/Inhibitions
Not receive any other emoluments from the government or nay other source
Not hold any other office or employment, unless provided in this
Constitution
VP may be appointed to the Cabinet without need of confirmation from
Commission on Appointment
Secretary of Justice is ex-officio member of Judicial and Bar Council
Secretary of Labor ex-officio member of BOD of PEZA
Secretary of TC ex-officio Chairman of PPA and LRTA
Prohibition must not be construed as applying to poses occupied by
Executive officials without additional compensation in an ex-officio
capacity, as provided by law and as required by the primary functions of the
said officials office. These posts do not comprise any other office but is
an imposition of additional duties and functions on said official.
Not directly or indirectly practice any other profession, participate in any
business or be financially interested in any contract, franchise or special
privilege
Strictly avoid conflict of interest in the conduct of their office
May not appoint Spouse or Relatives by consanguinity or affinity within
the fourth civil degree as
Members of Constitutional Commissions
Office of the Ombudsman
Secretaries
Undersecretaries
Chairman/heads of bureaus/offices/GOCCs/subsidiaries
Rules on Succession
Vacancy at the BEGINNING of term
DEATH
or
PERMANENT
DISABILITY of President elect
President-elect fails to qualify
President shall not have been chosen
No President and VP:
Chosen
Qualified
Both died
Both become permanently disabled

VP-elect shall become President

VP-elect shall act as President
until President-elect shall have
qualified
VP-elect shall act as President
until President-elect shall have
been chosen and qualified
Senate President or in case of his
disability, the Speaker of the
House shall act as President until a
President or VP shall been chosen
and qualified.
In case of inability of both,
Congress shall, by law provide for
the manner by which one who is to
act as President shall be selected
until a President or VP shall have
qualified.

Vacancy DURING the term

Death, permanent disability, removal from office or resignation of President
VP shall become President
Elements of Valid Resignation:
intent to resign
act of relinquishment
Temporary Disability
President transmits to Senate President and Speaker
His written declaration that he is unable to discharge the powers and duties
of his office
Until he transmits a written declaration to the contrary

Powers and duties shall be discharged by the VP as Acting President

Majority of the members of the Cabinet transmit to Senate President and
Speaker
Written declaration that the President is unable to discharge the powers and
duties of his office
VP shall IMMEDIATELY assume the powers and duties of the office as
Acting President
IF President shall transmit written declaration that no such disability exists
He shall reassume the powers and duties of his office
IF majority of the members of the Cabinet transmit within 5 days to SP and
Speaker their written declaration that the President is unable to discharge
the powers and duties of his office,
Congress shall decide the issue
Congress shall convene within 48 hours, if not in session
w/in 10 days from receipt of last declaration OR if not in session w/in 12
days after it is required to assemble Congress determines by 2/3 vote of
both Houses, voting separately
that President is unable VP shall act as President; Otherwise, President
shall continue exercising the powers and duties of his office.
Constitutional Duty of Congress in case of Vacancy in the Offices of
President and VP
10:00am, 3rd day after the vacancy occurs
Congress shall convene without need of call
w/in 7 days enact a law calling for a special election to elect a President and
VP
election held not earlier than 45 days nor later than 60 days from time of
such call
bill shall be deemed certified and shall become law upon approval on 3 rd
reading by Congress
convening cannot be suspended
election cannot be postponed
IF vacancy occurs w/in 18 months before the date of the next presidential
election NO special election
Removal of President: Impeachment
Vice-President
Qualifications
natural-born citizen
registered voter
able to read and write
on the day of the election, at least 40 years old
resident of the Philippines for at least 10 years immediately preceding such
election
Term: No VP shall serve for more than 2 successive terms.
Vacancy in VP
President shall nominate a VP from among members of Senate and House
Assume office upon confirmation by a majority vote of all Members of
both Houses of Congress, voting separately
Powers of the President
Executive Power
Power of Appointment
Power of Control
Military Powers
Pardoning Power
Borrowing Power
Diplomatic Power
Budgetary Power
Informing Power
Others
Call Congress to special session
Power to approve or veto bolls
Consent to deputation of government personnel by COMELEC
Discipline such deputies
Emergency powers, by delegation from Congress
General supervision over LGs and autonomous regional governments
Executive Power
Executive Power: power to enforce and administer the laws
Power of carrying out the laws into practical operation and enforcing their
due observance
Authority to Reorganize the Office of the President to achieve simplicity,
economy and efficiency.
Power to reorganize the OP under Section 31 (1) of EO 292 (Administrative
Code) President can reorganize the OP proper by abolishing,
consolidating or merging units or by transferring functions from one unit to
another

Power to reorganize the OP under Section 31 (2) and b(3) of EO 292

(Administrative Code) power of the President to reorganize offices
outside of the OP proper is limited to merely transferring
functions/agencies from OP to Departments/Agencies and v.v.
It is not for the President to determine the validity of the law, it is the
function of the judiciary. Unless and until such law is declared
unconstitutional, President has the duty to execute it.
Power of Appointment
Nominate and with consent of the Commission on Appointments, appoint:
Heads of the executive departments
Ambassadors
Other public ministers and consuls
Officers of the armed forces from the rank of colonel or naval captain
Other officers whose appointments are vested in him in this Constitution
Appoint all other officers of the Government whose appointments are not
otherwise provided by law
Appoint those whom he may be authorized by law to appoint.
Congress may by law, vest appointment of other officers lower in rank in
the
President alone,
Courts
Heads of departments/agencies/commissions/boards
Appointment: selection, by the authority vested with the power, of an
individual who is to exercise the functions of a given office.
Designation: imposition of additional duties, usually by law, to one who is
already in public service
Commission: written evidence of appointment
Classification of Appointments
Permanent extended to persons possessing the requisite eligibility and are
protected by security of tenure
Temporary extended to persons without requisite eligibility, revocable at
will, without necessity of just cause or valid investigation
Not subject to confirmation by Commission on Appointment
If confirmation erroneously given, will not make it a permanent
appointment
Designation is considered only an acting or temporary appointment
Regular made by President while Congress is in session
Takes effect upon confirmation of Commission on Appointment
Once approved, continues until end of term of the appointee
Ad interim made by President while Congress is not in session
Takes effect immediately but ceases to be valid if disapproved by the
Commission on Appointments or upon next adjournment of Congress (bypassed through inaction)
Intended to prevent interruptions in vital government services
Permanent and cannot be withdrawn by the President once the appointee
has qualified
If disapproved by the Commission on Appointments can no longer be
extended a new appointment; decision of the Commission is final and
binding
If by-passed President is free to renew the ad interim appointment
Officials who are appointed by the President
Does NOT require confirmation by COA
Commissioner of Customs
Philippine Coast Guard
Chairman of Commission of Human Rights
NLRC Chairman and Commissioners
Congress cannot by law require confirmation of appointments of
government officials other than those mentioned in the Constitution
Steps in the Appointing Power
Nomination by President
Confirmation by COA
Issuance of the Commission
Appointment is deemed complete upon acceptance; pending such
acceptance, the appointment may still be validly withdrawn
Discretion of Appointing Authority includes the determination of the
nature ad character of appointment
In case of vacancy in an office occupied by an alter ego of the President,
e.g. Department Secretary, the President necessarily appoint the alter ego of
his choice. Congress, cannot by law, compel the President to appoint
automatically the undersecretary as his temporary alter ego. An alter ego,
temporary or permanent, holds a position of great trust and confidence.
Special Limitations on the Presidents Appointing Power
may not appoint his spouse or relatives by consanguinity or affinity, within
the 4th civil degree as
members of Constitutional Commission
Ombudsman
Secretaries
Undersecretaries
Chairmen/heads of bureaus/offices/GOCCs
appointments made by acting president shall remain effective unless
revoked by elected President w/in 90 days from assumption of office

2 months immediately before the next presidential election and up to the

end of his term, a President or acting President shall not make appointments
EXCEPT temporary appointments to executive positions when continued
vacancies will prejudice public service or endanger public safety
No law that prohibits local executive officials
Congress power to prescribe qualifications
Judiciary may annul an appointment made by President of the appointee is
not qualified or has not been validly confirmed.
Power of Removal
Implied from power of appointment
President cannot remove officials appointed by him where the Constitution
prescribes certain methods for separation of such officers from service
Chairman and commissioners of Constitutional Commissions
impeachment
Judges disciplining authority of SC
Where power of removal is lodged in President:
Cause as may be provided by law
Prescribed administrative procedure
Members of career service of the Civil Service who are appointed by the
President may be directly disciplined by him
Members of Cabinet and Officers whose continuity in office depends upon
pleasure of President replaced any time; separation is not by removal but
EXPIRATION of term.
Power of Control
President shall have control of all
Executive departments
Bureaus
Offices
Control: power of an officer to alter, modify, set aside, or nullify what a
subordinate had done in the performance of his duties and to substitute the
judgment of the former for that of the latter.
Supervision: overseeing; the power of an officer to see that subordinate
officers perform their duties, and if the latter fails or neglects to fulfill them,
then the former may take such action or steps as prescribed by law to make
them perform these duties.
Alter Ego Principle/Doctrine of Qualified Political Agency
All executives and administrative organizations are adjuncts of the
Executive department
The heads of the various executive departments are assistants and agents of
the Chief Executive
And, except in cases where the Chief Executive is required by the
Constitution or law to act personally OR the exigencies of the situation
demand that he act personally, the multifarious executive and
administrative functions of the Chief Executive are performed by and
through the executive departments,
And the acts of Secretaries, performed and promulgated in the regular
course of business are, unless disapproved or reprobated are presumptively
the acts of the Chief Executive.
President may exercise powers conferred by law upon Cabinet members or
subordinate executive officers.
Power of the president to reorganize the National Government may validly
be delegated to his Cabinet members exercising control over a particular
executive department.
Appeal to the President from decisions of executive officers, including
Cabinet members, complete the exhaustion of administrative remedies.
Exception: Doctrine of Qualified Political Agency applies, in which case
the decision of Cabinet Secretary carries the presumptive approval of the
President, thus there is no need to appeal to the President.
Power of control may be exercised over the acts, NOT over the actors
Power of control of Secretary of Justice over prosecutors
Decisions/Resolutions of prosecutors are subject to appeal to the Secretary
of Justice who exercises power of direct control and supervision over
prosecutors.
Where Secretary exercises power of review only after an information is
filed, TC should defer or suspend arraignment and other proceedings until
appeal is resolved. HOWEVER, the TC is not ipso facto bound by the
resolution of the Secretary, because jurisdiction, once acquired is not lost
despite the resolution of the Secretary to withdraw the information or to
dismiss the case.
Power of general supervision over local governments.
President can only interfere in the affairs and activities of a local
government unit of he finds that the latter had acted contrary to law.
Otherwise, violative of local autonomy.
Local fiscal autonomy: automatic release of LGU shares in the national
internal revenue.
Military Powers
Commander-in-Chief of all armed forces of the Philippines
If necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion.

In case of invasion or rebellion, when public safety requires it, he may, for
a period not exceeding 60 days, suspend the privilege of the writ of HC or
place the Philippines or any part thereof under martial law.
Commander-in-Chief Clause
Conduct of saturation drives or areal target zoning
Exercises discretionary power
Only criterion, whenever it becomes necessary
Discretionary authority to declare state of rebellion
Court may only look into the sufficiency of the factual basis for the exercise
of the power.
Mere declaration of a state of rebellion cannot diminish or violate
constitutionally protected rights
Power to organize courts martial for the disciple of members of the armed
forces
Power to create military commissions for the punishment of war criminals
Military tribunals cannot try civilians when civil courts are open and
functioning
Members of the PNP are not within the jurisdiction of the military court
RA 7055, lawmakers intended to return to civilian courts jurisdiction over
offenses that have traditionally within their jurisdiction but did not divest
the military courts jurisdiction over cases mandated by the Article of War
Disrespect towards the President
Disrespect towards Superior Officer
Sedition/Mutiny
Conduct Unbecoming an Officer and a Gentleman
General Articles of the Articles of War
Suspension of the privilege of the writ of HC
Grounds: invasion or rebellion, when public safety requires it
Duration: not to exceed 60 days, unless extended by Congress
Duty of President to Report action to Congress: w/in 48 hours, personally
or in writing
Congress may revoke or extend by a majority vote of all its members,
voting jointly
SC may review upon proceeding filed by any citizen, as to the sufficiency
of factual basis. It must promulgate its decision w/in 30 days from its filing.
Suspension does not impair the right to bail.
Suspension applies to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion
During suspension, any person thus arrested shall be judicially charged w/in
3 days, otherwise he shall be released.
Martial Law
NOT Suspend operation of the Constitution
NOT Supplant the functioning of civil courts or legislative assemblies
NOT authorize conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function
NOT automatically suspend the privilege of the writ
Pardoning Power
Except in cases of IMPEACHMENT or AS OTHERWISE PROVIDED IN
THE CONSTITUTION
May grant, after conviction by final judgment
Reprieves
Commutations
Pardons
Remit fines and forfeitures
May grant Amnesty with concurrence of a majority of all members of the
Congress
Pardon: act of grace which exempts the individual from punishment that the
law inflicts upon the crime he has committed
Commutation: reduction or mitigation of penalty
Reprieve: postponement of sentence/ stay of execution
Parole: release from imprisonment but still in custody of law although not
in confinement
Amnesty: act of grace, with concurrence of legislature, usually extended to
group of persons who committed political offenses, puts into oblivion the
offense itself
Discretionary exercise by the President
Cannot be controlled by Legislature or reversed by courts unless there is a
constitutional violation.
Limitations:
Cannot be granted in cases of impeachment
Cannot be granted in cases of violation of election offenses w/o favorable
recommendation of COMELEC
Cannot be granted in cases of legislative contempt or civil contempt
Cannot absolve civil liability
Cannot restore public offices forfeited
Exceptions: on consideration of justice and equity, entitled to reinstatement
(Sabello vs. DECS)
Only after conviction by final judgment
Classification of Pardon:
Plenary or partial
Absolute or conditional

Conditional pardon is in the nature of a contract between the Chief

Executive and the convicted criminal.
By the pardonees consent to the terms stipulated in the contract, the
pardonee has placed himself under the supervision of the Chief Executive
or his delegate who is duty bound to see to it that the pardonee complied
with the conditions of the pardon
President is authorized to order the arrest or re-incarceration of such a
person, if he fails to comply with the conditions of his pardon.
Such exercise of Presidential judgment is beyond judicial scrutiny.
Amnesty
Stands before the law precisely as though he had committed no offense
Criminal liability is totally extinguished
To avail of the benefit, must admit the guilt of the offence covered by the
proclamation
AMNESTY
Addressed to political offenses
Classes of persons
No need for distinct acts of
acceptance
Concurrence by Congress
Public act which courts may take
judicial notice
Looks back and puts into oblivion
the offense itself

PARDON
Infractions of peace of the state
Individual
Acceptance needed
Nope
Private act which must be pleaded
and proved
Looks
forward and relieves
pardonee of the consequences of the
offenses

Borrowing Power
Contract or guarantee foreign loans on behalf of the Republic, with prior
concurrence of Monetary Board and subject to such limitations as may be
provided by law.
MB, shall w/in 30 days from end of every quarter, submit to the Congress a
complete report of its decisions on applications for loans to be contracted or
guaranteed by the Government/GOCC which would have the effect of
increasing the foreign debt, and containing other matters as may be
provided by law.
Diplomatic Power
No treaty or international agreement shall be valid and effective unless
concurred in by at least 2/3 of all members of the Senate.
Treaties vs. International Agreements
Treaties
Formal
documents
require
ratification
International agreements which
involve political issues or changes
of national policy
Involving
arrangements
permanent character

of

International Agreements
Become binding through executive
action
International agreements involving
adjustments of details carrying out
well established national policies
and traditions
Involving arrangements of a more
or less temporary nature

It is immaterial whether US treats the VFA as merely an executive

agreement because, under international law, an executive agreement is just
as binding as a trearty.
Budgetary Power
Submit to Congress within 30 days from opening of its regular session
A budget of expenditures and sources of financing, including receipts from
existing and proposed revenue measures
As basis of the general appropriations act
Informing Power
Address Congress at the opening of its regular session
May appear before it at any other time
X. JUDICIAL DEPARTMENT
Judicial Power
Duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or
not there has been grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the government.
Political questions forbidden territory of courts
Inherent power of Courts to amend and control its processed and orders so
as to make them comformable with law and justice.
Right to reverse itself.
Where vested
1 SC
Such lower courts as may be established by law
Jurisdiction

Power to hear and decide a case

Congress shall have the power to define, prescribe and apportion the
jurisdiction of various courts, but may not deprive SC of its jurisdiction
over cases enumerated in Section 5, Article VIII
No law shall be passed increasing appellate jurisdiction of SC without its
advice and concurrence
Constitutional Safeguards to Insure Independence of SC
SC is a constitutional body; it may not be abolished by legislature
members of SC are removable only by impeachment
SC may not be deprived of its original and appellate jurisdiction; Appellate
jurisdiction may not be increased without its consent and concurrence
SC has administrative supervision over all inferior courts and personnel
SC has exclusive power to discipline judges and justices of inferior courts
members of Judiciary have security of tenure
members of Judiciary may not be designated to any agency performing
quasi-judicial or administrative functions
salaries of judges may not be reduced; Judiciary enjoys fiscal autonomy
SC alone may initiate ROC
SC alone may order temporary detail judges
SC can appoint officials and employees of judiciary
Qualifications
Proven competence, integrity, probity and independence +
SC
Natural-born
At least 40
15 years or more a judge of a lower court or engaged in the practice of law
in the Philippines
Lower Collegiate Courts
Natural-born
Member of Philippine Bar
Congress may prescribe other qualifications
Lower Courts
Citizen
Member of Philippine Bar
Congress may prescribe other qualifications
Procedure for Appointment
Appointed by the President from a list of nominees prepared by Judicial
and Bar Council
Lower Courts: appointed by President w/in 90 days from submission of list
Judicial and Bar Council
Composition
Ex-officio Members
CJ as Chairman
Justice Secretary
Representative of Congress
Regular Members
Representative of IBP
Professor of Law
Retired justice of SC
Representative of private sector
Secretary ex-officio: clerk of SC
Appointment: regular members shall be appointed by President for a term
of 4 years, with consent of COA; shall receive emoluments as determined
by SC
Powers/Functions:
Principal function: recommending appointees to Judiciary
Exercise such other functions and duties as SC may assign
Supreme Court
Composition
1 CJ
14 Associate Justices
May sit en banc or in its discretion, in divisions of 3, 5 or 7 members
Vacancy shall be filled within 90 days from occurrence
En Banc concurrence of a majority of the members who took part in the
deliberations and voted
Constitutionality of a treaty, international or executive agreement, or law
All others required by ROC
Constitutionality, application or operation of PDs, orders, instructions,
ordinances and other regulations
Division - concurrence of a majority of the members who took part in the
deliberations and voted and in no case without the concurrence of at least 3
such members
When required number is not obtained case shall be decided en banc
(case decided NOT matters - resolved)

No doctrine or principle of law laid by a court sitting en banc or in a

division, may be modified or reversed except by the court sitting en banc
Powers of the SC
Original Jurisdiction
Appellate Jurisdiction
Temporary Assignment of judges of LCs to other stations as public interest
may require
Order change of venue or place of trial, to avoid miscarriage of justice
Rule-Making Power
Power of Appointment
Power of Administrative Supervision
Annual Report
Original Jurisdiction
Cases affecting ambassadors, public ministers and consuls
Petition for certiorari, prohibition, mandamus
Quo warranto
Habeas corpus
Appellate Jurisdiction review, revise, reverse, modify, or affirm on appeal
or certiorari as the ROC may provide final judgments and orders of lower
courts in:
All cases involving constitutionality/validity of any treaty, international or
executive agreements, law, PD, proclamation, order, instruction ordinance
or regulation is in question
All cases involving legality of any tax, impost, assessment or toll or any
penalty imposed in relation thereto
Jurisdiction of lower court is in issue
All criminal cases in which penalty imposed is RP or higher
All cases in which only an error or question of law is involved
Does not include power of SC to review decisions of administrative bodies
Penalty is RP, accused must appeal. Otherwise, judgment of conviction will
become final and executory
If death, TC shall forward records for automatic review
Question of Law: correct application of law or jurisprudence to a certain set
of facts; when the issue does not call for an examination of the probative
value of the evidence, the truth or falsehood of the facts being admitted.
Temporary Assignment of judges of LCs to other stations as public interest
may require
Order change of venue or place of trial, to avoid miscarriage of justice
Rule-Making Power
Promulgate rules:
Protection and enforcement of constitutional rights
Pleadings
Practices
Procedure in all courts
Admission to practice of law
Admission to TB
Legal assistance to underprivileged
Limitations:
Simplified and inexpensive procedure
Uniform in all courts of the same grade
Not diminish, increase or modify substantive rights
Integrated Bar
State-organized bar to which each lawyer must belong
Official unification of entire lawyer population, where each lawyer is given
the opportunity to do his share in carrying out the objectives of the Bar as
well as obliged to bear his portion of its responsibilities
Requires membership and financial support of every atty as a condition sine
qua non to the practice
Payment of dues is a necessary consequence of membership in the IBP, of
which no one is exempt
Practice of law is a privilege and as such must bow to the inherent
regulatory power if the SC
Writ of Amparo: writ that may be issued by the courts, based on the
constitutional power of the SC to promulgate rules, for the protection and
enforcement of constitutional rights.
Congress cannot amend the ROC
Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the SC
Power of Appointment
Appoint all officials and employees of the Judiciary in accordance with
Civil Service Law
Power of Administrative Supervision
Administrative supervision over all courts and personnel

Ombudsman may not initiate or investigate a criminal or administrative

complaint before his office against a judge, he must first indorse the case to
the SC
Administrative proceedings before the SC are confidential in nature.
Annual Report
Submit, within 30 days from opening of each regular session of Congress to
the President and to Congress an annual report on the operations and
activities of the Judiciary.
Consultations/Decisions of SC
Conclusions in any case submitted to it for decision shall be reached in
consultation before the case is assigned to a member for the writing of the
opinion of the Court. A certification to this effect signed by the CJ shall be
issued.
N/A to administrative cases
Applicable to lower collegiate bodies
Votes are equally divided and majority is not obtained, petition shall nbbe
dismissed
The decision shall state clearly and distinctly the facts and the law on which
it is based.
N/A to:
Minute resolution dismissing a petition for HC, certiorari and mandamus
Administrative cases
Decision need not be a complete recital of the evidence presented
Factual and legal basis are clearly and distinctly set forth
Imperative that decision is not limited to dispositive part; must
State nature of the case
Summarize the facts w/ reference to record
Contain statement of applicable law and jurisprudence
Tribunals statement and conclusion of the case
No petition for review or MR shall be refused due course or denied without
stating the legal basis.
Tenure of Judges/Justices
SC: Justices may be removed only by impeachment
Special Prosecutor has no authority to conduct an investigation on charges
against a member of the SC, in view of filing a criminal information.
Because if found guilty, he will be removed from office violation of his
security of tenure.
LC: Judges shall hold office during GOOD BEHAVIOR until they reach
the age of 70 or become INCAPACITATED to discharge the duties of their
offices.
SC en banc shall have the power to discipline judges of LCs, or order their
dismissal by a vote of a majority of the members who took part in the
deliberations and voted
NOTE: only cases involving dismissal of judges of LCs are required to be
decided by the Court en banc.
First clause: declaration of grant of the disciplining power to and the
determination of the procedure in the exercise by the Court en banc
Grounds for the removal of a judicial officer should be established beyond
reasonable doubt, particularly where the charges on which removal is
sought are misconduct in office, willful neglect, corruption, incompetence,
etc.
Judges cannot be disciplined for every erroneous order or decision rendered
in the absence of a clear showing of ill motive, malice or bad faith.
The absence of bad faith or malice will not totally exculpate them from
charges of incompetence and ignorance of the law when they render
decisions that are totally bereft of factual and legal bases.
No law shall be passed reorganizing the Judiciary when it undermines the
security of tenure of its members.
Salaries
Fixed by law
May not be decreased during their continuance in office
Imposition of income tax on salaries of judges does not violate the
constitutional prohibition against decrease in salaries
Periods of Decisions
All cases filed after the effectivity of the Constitution must be decided and
resolved, from date of submission
24 months SC
12 months lower collegiate courts
3 months all other lower courts
Unless in the 2 latter cases, the period is reduced by the SC
Certification to be signed by the Chief Justice/Presiding Justice shall be
issued stating the reason for delay
Must not sacrifice for expediencys sake the fundamental requirements of
due process
sin perjuicio judgment without a statement of the facts in support of its
conclusions, to be later supplemented by the final judgment.
Designed to prevent delay in the administration of justice.

Failure to decide cases within the prescribed period is not excusable and
constitute gross inefficiency which is a ground for administrative sanction
against the defaulting judge.
Judges who cannot comply with this mandate should ask for additional
time, explaining in their request the reasons for the delay.
Despite expiration of the mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall
decide or resolve the case or matter submitted to it without further delay.
Court does not lose jurisdiction despite the lapse of the mandatory period.

jurisdiction, or with GAD amounting to lack or excess of jurisdiction, may

this court entertain a petition for certiorari under R65.
Decisions of the CSC shall be appealable by certiorari to the CA w/in 15
days from receipt of a copy. From the decision of the CA, the party
adversely affected thereby shall file a petition for review on certiorari under
R45.
Enforcement of Decision
Final decision of the CSC are enforceable by writ of execution which CSC
may itself issue.

XI. CONSTITUTIONAL COMMISSION

CIVIL SERVICE COMMISSION
Independent Constitutional Commission
Civil Service Commission
COMELEC
Commission on Audit
Safeguards Insuring the Independence of the Commission
constitutionally created, and not be abolished by statute
expressly described as independent
conferred certain powers and functions which cannot be reduced by statute
enjoy fiscal autonomy
no report, no release policy may not be validly enforced against offices
vested with fiscal autonomy.
Automatic release of approved annual appropriations to a constitutional
commission vested with fiscal autonomy should be construed to mean that
no condition to fund releases to it may be imposed.
Provision in Section 3, Article VIII, prohibiting the reduction in the
appropriation for the Judiciary below the amount appropriated for the
previous year does not appear in Section 5, Article IX-A. Congress is not
prohibited from reducing the appropriations Constitutional Commissions
below the amount appropriated for them for the previous year.
promulgate its own procedural rules, provided they do not diminish,
increase or modify substantive rights (subject to disapproval by the SC)
appoint their own officials and employees in accordance with Civil Service
Law
Chairman and members removed only by impeachment
Chairman and members are given a fairly long term of 7 years
Chairman and members may not be reappointed or appointed in an acting
capacity
salaries of Chairman and members are relatively high and may not be
decreased during continuance in office
Chairman and members are subject to certain disqualification calculated to
strengthen their integrity
Inhibitions/Disqualifications
not hold any other office or employment, during tenure
not engage in the practice of any profession
not engage in the active management or control of any business which in
any way may be affected by the functions of his office
not be financially interested, directly or indirectly, in any contract or in any
franchise or privilege granted by the Government
Rotational Scheme of Appointments
First appointees serve terms of 7, 5 and 3 years.
After the first commissioners are appointed, the rotational scheme is
intended to prevent the possibility of one President appointing all the
Commissioners.
Rotational plan requires:
terms of the first commissioners should start on a common date
any vacancy due to death, resignation or disability before the expiration of
the term should only be filled for the unexpired balance of the term.
Decisions
Each Commission shall decide by a majority vote of all its members any
case or matter brought before it w/in 60 days from the date of its
submission for decision or resolution.
Majority vote of ALL members and not only of those who participated in
the deliberations and voted thereon.
Retired prior to promulgation of decision votes should be considered
withdrawn, as if they had not signed the resolution; only the votes of the
remaining commissioners shall be counted.
Treat the procedural requirements on deadlines realistically.
Aggrieved party may bring the decision to the SC on certiorari w/in 30 days
from receipt of copy
When Court reviews a decision of the COMELEC, the Court exercises
extraordinary jurisdiction; thus the proceeding is limited to issues involving
grave abuse of discretion resulting in lack or excess of jurisdiction and does
not ordinarily empower the Court to review factual findings.
Certiorari under R65 is the appropriate remedy.
Judgment of the COA are not reviewable by ordinary writ of error or appeal
by certiorari to the SC. Only when COA acts without or in excess of

Composition
Chairman
2 Commissioners
Qualifications
Natural-born
at the time of the appointment at least 35 years old
proven capacity for public administration
not have been candidates for any elective position in the election
immediately preceding their appointment
Term
Appointed by the President with the consent of the Commission on
Appointments
Term of 7 years, without reappointment
In no case shall any member be appointed or designated in temporary or
acting capacity.
Constitutional Objective/Function
central personnel agency of the Government
establish a career service
adopt measures to promote morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the civil service
strengthen merit and reward system
integrate all human resources development programs for all levels and
ranks
institutionalize a management climate conducive to public accountability
Granting civil service eligibility to employees under provisional or
temporary status who have rendered 7 years of efficient service is
DISCRETIONARY on the CSC and may not be compelled by mandamus
to issue such eligibility.
CSC cannot validly abolish Career Executive Service Board
Power to hear and decide administrative cases instituted before it directly or
on appeal, including contested appointments.
Power to recall an appointment initially approved in disregard of the
applicable provisions of the Civil Service law and regulations.
Original jurisdiction to hear and decide a complaint for cheating in the CS
examinations by a government employee.
Decisions of lower level officials in cases involving personnel actions be
appealed to the agency head then to the CSC. (not RTC)
CSC does not have appellate jurisdiction over a case of separation from
government service under Section 2, Article II of the Provisional
Constitution.
Scope of the CS
Embrace ALL branches, subdivisions, instrumentalities and agencies of the
Government, including GOCCs with original charter
with original charter refers to corporation chartered by special law as
distinguished from corporations organized under the Corporation Code
Includes:
Economic Intelligence and Information Bureau
Jose M. Rodriguez Hospital
Philippine National Red Cross
UP
Morong Water District
N/A:
National Housing Corporation
Classes of Service
Career Service
Description
Entrance based on merit and fitness, as far as practicable by competitive
examinations
Or based on highly and technical qualifications
Opportunity for advancement to higher career positions
Security of tenure
Includes:
Open Career Service
Prior qualification in an appropriate examination is required

Closed Career Service

Scientific or highly technical
Career Executive Service
Undersecretaries, bureau directors, etc.
Positions in the Armed Forces of the Philippines
Governed by a different merit system
Career Officers
Other than those belonging to Career Executive Service, appointed by
President, e.g. foreign service
Personnel of GOCC w/ original charters
Permanent laborers (skilled, semi-skilled or unskilled)
Incumbents of positions which are declared to be CES positions for the first
time who hold permanent appointments shall remain under permanent
status in their position. Upon promotion or transfer to other CES positions,
these incumbents shall be under temporary status in said other CES
positions until qualify,
Mere fact that a position belongs to the CES does not automatically confer
security of tenure on the applicant. Such right will have to depend on the
nature of his appointment which depends on his eligibility or lack of it.
A person who does not have the requisite qualifications for the position
cannot be appointed.
Exception: acting capacity in the absence of appropriate eligibles.
Security of Tenure in the CES pertains only to RANK and not to the
office or the position to which they may be appointed.
Career executive service eligibility
Appointment to the appropriate career executive service rank
Non-Career Service
Description
Entrance on bases other than those of the usual tests utilized for the career
service
Tenure
limited to a period specified by law or
which is co-terminous with that of the appointing authority or
subject of his pleasure or
which is limited to the duration of a particular project for which purpose the
employment was made.
Includes:
Elective officials, personal and confidential staff
Department Heads and officials of Cabinet rank who holds office at the
pleasure of the President, personal and confidential staff
Chairmen and members of commissions/boards w/ fixed terms of office,
personal and confidential staff
Contractual personnel/ those whose employment in government is in
accordance with a special contract to undertake a specific work or job
requiring special or technical skills not available in employing agency, to be
accomplished within a period not exceeding 1 year, under his own
responsibility, with minimum direction and supervision
Emergency and seasonal personnel
Under Administrative Code, the CSC is expressly empowered to declare
positions in the CS as primarily confidential.
Enumeration in the Civil Service decree, which defined the non-career
service is not an exclusive list
Appointments in Civil Service
According to merit and fitness to be determined, as far as practicable by
competitive examination
Except to positions which are:
Policy-determining
Primarily confidential or
Highly technical
Principles
Classification of a particular position as policy-determining, primarily
confidential or highly technical amounts to no more than an executive or
legislative declaration that is not conclusive upon the courts, the true test
being the nature of the position
The exemption provided pertains only to exemption from competitive
examination to determine merit and fitness to enter the civil service
Exempt from competitive examination to determine merit and fitness:
Policy-determining
Officer lays down principal or fundamental guidelines or rules
E.g. department head
Primarily confidential
Not only confidence in the aptitude if the appointee for the duties of the
office but primarily close intimacy which ensures freedom of intercourse
without embarrassment or freedom from misgivings or betrayal on
confidential matters of state
NATURE of the position which determined whether a position is primarily
confidential, policy-determining or highly technical
proximity rule can be considered as confidential employee if the
predominant reason why he was chosen by the appointing authority was the
latters belief that he can share a close intimate relationship with the
occupant which ensures freedom of discussion without fear of

embarrassment or misgivings of possible betrayals of personal trust or

confidential matters of the State.
Where the position occupied is remote from that of the appointing
authority, the element of trust between them is no longer predominant, and
cannot be classified as primarily confidential.
Highly technical requires possession of technical skill in a superior
degree.
Discretion of the Appointing Authority
Where the appointee possesses the minimum qualification requirements
prescribed by law for the position, the appointing authority has discretion
who to appoint.
Even if officers and employees in the career service of the Civil Service
enjoy preference in the promotion, it is not mandatory that the vacancy be
filled by promotion.
Discretion of the appointing authority is not only in the choice of the person
who is to be appointed, but also in the nature or character of the
appointment issued.
CSC cannot convert temporary appointment to a permanent one
arrogation of power belonging to appointing authority.
May approve as merely temporary an appointment intended to be
permanent when the appointee does not possess the requisite eligibility and
the exigency of the service demands that the position be filled even in a
temporary capacity.
Role of the CSC
Check if the appointee possesses the qualifications and appropriate
eligibility; if he does, appointment is approved; if he doesnt, appointment
is disapproved.
Selection or placement is made through the Placement Committee, the
members of which are the representatives of the head of the agency as well
as representatives of the employees. Said Committees work is merely
recommendatory.
Appointment should be submitted to the CSC w/in 30 days from issuance;
otherwise, it shall be ineffective.
CSC Memorandum Circular only the appointing authority has the right to
challenge the CSCs disapproval of an appointment.
Abella, Jr. vs. CSC both the appointing authority and the appointee are
the real parties in interest and both have legal standing
Challenge to the appointing authoritys discretion
While appointee has no vested right to the position, it was his elgibility that
was being questioned; he has a personal stake in the outcome
Disqualifications
Lost in any election within 1 year preceding the appointment
Elective official during tenure
Appointive official, except when allowed by law or the primary functions
of his position
Ex-officio capacity
Security of Tenure
Removed and suspended for case provided by law.
Ground, procedure for investigation and the discipline of career service
officers and EEs Career Service Law; Non-compliance constitutes denial
of the right to security of tenure
Presidential appointee direct disciplinary authority of the President
Reassignment does not offend the constitutional guarantee
Reinstatement deemed not to have left his office; entitled to payment of
back salaries, notwithstanding silence.
Payment of back wages during the period of suspension of a civil servant
who is subsequently reinstated is proper only if he is found innocent of the
charges and the suspension is unjustified.
BUT where the reinstatement is ordered not as a result of exoneration but
merely as an act of liberality, the claim for back wages was not allowed. It
follows the general rule that the public official is not entitled to
compensation if he has not rendered any service.
Valid abolition of office does not violate the constitutional guarantee of
security of tenure.
ROC, career service officer or employee who has been unlawfully ousted
from his office has 1 year within which to file an action in court to recover
office.
Exception: Cristobal vs. Melchot grounds of equity
Appellate jurisdiction of the CSC only over Merit System Protection
Boards decisions in administrative disciplinary cases involving the
imposition of the penalty of suspension, fine, demotion in rank or salary,
transfer, removal, dismissal from office not over MSPB decision
exonerating the accused. Only by the party adversely affected (Not ER).
He who, while occupying one office, accepts another incompatible with the
first, ipso facto vacates the first office and his title thereto is thereby
terminated without any other act of proceeding.
Canonizado vs. Aguirre: accepted another position while case questioning
the law that removed him from his first position was still pending.

Partisan Political Activity no officer or employee in the civil service shall

engage, directly or indirectly, in any electioneering or partisan political
campaign
Except to vote
Does not prevent expression of views regarding political problems or
mention the names of the public officers he supports
Applicable to military establishments only to those in the active military
service, not to reservists
Exemptions:
members of the Cabinet
public officers and employees holding political offices
The above 2 are allowed to take part in political and electoral activities,
except to solicit contributions from their subordinates or commit acts
prohibited under the Election Code.
The right to Self-organization shall not be denied to government employees
May not engage in strikes to demand changes in the terms and conditions of
employment because such are provided for by law.
Temporary employees of the Government shall be given such protection as
may be provided by law.
Standardization of Compensation
Provided for by Congress (and also qualification required fir their
positions)
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 Congress, any present, emoluments
office or title of any kind from any foreign government.
Pensions and gratuities shall not be considered as additional, double or
indirect compensation.
Retiree can continue to receive such pension/gratuity even after he accepts
another government position to which another compensation is attached.
Oath of Allegiance shall take an oath or affirmation to uphold and defend
this Constitution
COMMISSION ON ELECTIONS
Composition
Chairman
6 Commissioners
Qualifications
Natural-born
at the time of the appointment at least 35 years old
holder of a college decree
not have been candidates in the immediately preceding election
majority, including the chairman, must be member of the Philippine Bar
who have been engaged in the practice of law for at least 10 years.
Term
Appointed by the President with the consent of the Commission on
Appointments
Term of 7 years, without reappointment
In no case shall any member be appointed or designated in temporary or
acting capacity.
En Banc and Division cases
It may sit en banc of in 2 division, and shall promulgate its rules of
procedure in order to expedite disposition of cases, including preproclamation controversies.
All such election cases shall be heard and decided in division, provided that
motions for reconsideration of decisions shall be decided en banc.
Cases which must first be heard and decided in division
all election cases, including pre-proclamation contests, originally
cognizable by the Commission
cancel certificate of candidacy
cases appealed from the RTC or MTC (SC may motu proprio consider
question of jurisdiction)
petition for certiorari filed with COMELEC from a decision of the RTC or
MTC
Exceptions:
error in tabulation results or tallying of results by the Board of Canvassers,
merely clerical in nature (petition for correction of manifest errors in the
Statement of Votes)
prosecution cases involving violation of election laws
The rule that all election cases shall be heard and decided in division
applies only when the COMELEC exercises its adjudicatory powers or

quasi-judicial functions, not when it exercises purely administrative

functions.
COMELEC decisions reviewable by the SC
decisions of COMELEC en banc, on certiorari
only decision of COMELEC in the exercise of its adjudicatory or quasijudicial power may be brought to SC on certiorari
if merely administrative in character ordinary civil action before trial
courts
COMELEC en banc shall promulgate rules concerning pleadings and
practice before it or before any of its offices, but they must not diminish,
increase or modify substantive rights
subject to the rule that rules of procedure of special courts and quasijudicial bodies shall remain effective unless disapproved by the SC
rules on civpro regarding demurrer to evidence cannot apply to election
cases, even by analogy in suppletory character.
Authority to suspend reglamentary periods provided by its rules, or the
requirement of NFS, in the interest of justice and speedy resolution of
cases. It is not constrained to dismiss a case on the ground of non-payment
of filing fees.
Fingerprinting of chairman and members of the Board of Election
Inspectors is an internal matter and may be done even without prior notice.
Constitutional Powers and Functions
Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum or recall
Exclusive original jurisdiction
All contests relating to the elections, returns and qualifications of all
elective regional, provincial and city officials.
Exclusive appellate jurisdiction
All contests involving elective municipal officials decide by RTC
Elective barangay officials decided by MTC
Decide all questions relating to elections
Determination of the number and location of polling places
Appointment of election officials and inspectors
Registration of voters
EXCEPT: right to vote
Deputize law enforcement agencies and instrumentalities for the exclusive
purpose of ensuring free, orderly , honest and peaceful and credible
elections, with concurrence of President
Accredit Citizens Arm and Register political parties, coalitions or
organizations
After sufficient publication
Present platform/program of government
File petition in court for the inclusion/exclusion of voters, upon verified
complaint or in its own initiative; investigate and/or prosecute cases for
violations of election laws
Recommend to Congress effective measures to minimize election spending,
limitation of places where propaganda materials shall be posted and to
prevent and penalize all forms of election frauds, offenses, malpractice and
nuisance candidates
Submit to the President and Congress a comprehensive report on the
conduct of each election, plebiscite initiative, referendum or recall
Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum or recall
Initiative: power of the people to propose amendments to the Constitution
or to propose and enact legislation through an election called for the
purpose.
Referendum: power of the electorate to approve or reject legislation
through an election called for the purpose
Recall: termination of official relationship of a local elective official for
loss of confidence prior to the expiration of his term through the will of the
electorate
Plebiscite: submission of constitutional amendments or important
legislative measures to the people for ratification.
Broad powers promulgate rules and regulations in the enforcement of
laws relative to elections
Enforcement of provisions of the Omnibus Election Code exclusive
jurisdiction of the COMELEC
Includes the ascertainment of the identity of a political party and its
legitimate officers
Does not authorize the COMELEC, motu proprio, without the proper
proceedings, to deny due course to cancel a certificate of candidacy filed in
due form.
Election and contests involving election of Sangguniang Kabataan elections
do NOT fall within jurisdiction of the COMELEC DILG
Authority to annul results of plebiscite (through pre-proclamation case of
revision of ballots)
Regulatory power over media of transportation, communication and
information
to ensure equal opportunity, time, space, right to reply, etc.

during election period

exercised only over the media, not over practitioners of media
No pardon, amnesty, parole, etc, for violation of election laws shall be
granted by the President without its favorable recommendation
COMELEC cannot exercise power of apportionment
Power to declare failure of election
The election in any polling place has not been held on the date fixed on
account of force majeure, violence, terrorism, fraud or other analogous case
The election in any polling place has been suspended before the hour fixed
by law for the closing of the voting on account of force majeure, violence,
terrorism, fraud or other analogous case
After the voting and during the preparation and transmission of the election
returns or in custody or canvas, such election results in a failure to elect on
account of force majeure, violence, terrorism, fraud or other analogous
case.
Petition must show, on its face
No voting has taken place in the precint on the sate fixed by law or even if
there was voting, the result nevertheless results in a failure to elect
Votes not cast would affect the result of the election
Not authorized to make an unofficial quick count of presidential election
results
Exclusive original jurisdiction
All contests relating to the elections, returns and qualifications of all
elective regional, provincial and city officials.
Exclusive jurisdiction over pre-proclamation cases
Possible conflict with HR/S ET foreclosed by Section 15, RA 7166
prohibits pre-proclamation controversies in national offices (EXCEPT on
question involving the composition and proceedings of the Board of
Canvassers)
ET over a member only after proclamation
COMELEC without the power to partially/totally annul a proclamation or
to suspend the effects of a proclamation without notice and hearing
violation of due process clause
Power to issue writs of prohibition, certiorari, etc.
In the exercise of its exclusive appellate jurisdiction
Exclusive appellate jurisdiction
All contests involving elective municipal officials decide by RTC
Elective barangay officials decided by MTC
Decisions shall be final, executory and unappealable
Appeal to the COMELEC from RTC must be filed within 5 days from
receipt of a copy of the decision.
MR of RTC decision is a prohibited pleading and does not interrupt running
of period for appeal.
Mere filing of notice of appeal is not sufficient, must be accompanied by
payment of correct amount of appeal fee.
Permissive COMELEC may give due course, and the subsequent
payment cures the procedural defect.
Execution Pending Appeal
COMELEC cannot deprive RTC of its competence to order the execution
of judgment pending appeal, because the mere filing of an appeal does not
divest the TC of its jurisdiction over a case.
Factors:
Public interest involved or will of the electorate
Shortness of the remaining portion of the term
Length of time that the election contest has been pending
Strictly construed against the movant being an exception to the general
rule.
Filed before expiration of the period for appeal.
Judgments which may be executed pending appeal need not only be those
rendered by the TC, but by the COMELEC as well.
Decide all questions relating to elections
As an incident to its duties concerning registration of voters, it may decide
a question involving the right to vote, but decision shall be subject to
judicial review.
Exercising purely administrative power may not punish for contempt
Deputize law enforcement agencies and instrumentalities for the exclusive
purpose of ensuring free, orderly, honest and peaceful and credible
elections, with concurrence of President
May recommend to the President the removal of any officer it has
deputized, or the imposition of any other sanction for disobedience,
violation or disregard of its orders.
Accredit Citizens Arm and Register political parties, coalitions or
organizations

Authority to promulgate the necessary rules to enforce and administer all

election laws includes the determination of appropriate periods for the
accomplishment of pre-election acts, e.g. filing petitions for registration
under the party-list system.
File petition in court for the inclusion/exclusion of voters, upon verified
complaint or in its own initiative; investigate and/or prosecute cases for
violations of election laws
Finding of probable cause in the prosecution of election offenses rests in
the COMELECs sound discretion
Includes the authority to decide whether or not to appeal the dismissal of a
case by the TC.
Recommend to Congress effective measures to minimize election spending,
limitation of places where propaganda materials shall be posted and to
prevent and penalize all forms of election frauds, offenses, malpractice and
nuisance candidates
Submit to the President and Congress a comprehensive report on the
conduct of each election, plebiscite initiative, referendum or recall
Statutory Powers of the COMELEC
Exercise supervision and control over official required to perform duties
relative to the conduct of elections
Promulgate rules and regulations
Punish contempt
Inquire into financial records of candidates, groups, etc.
Prescribe forms to be used in elections
Procure supplies and materials needed for elections
Enlist non-partisan groups to assist it
Fix periods for pre-election requirements
Power to declare failure of election; call for special election
Exclusive original jurisdiction over all pre-proclamation cases
Power to declare failure of election; call for special election
Sitting en banc and by a majority vote of its members
Motu proprio or upon a verified petition
Hearing of the case shall be summary in nature
Petition to declare a failure of election is neither an election protest nor a
pre-proclamation controversy
Validity of an election, it is essential that the voters have notice in some
form, either actual or constructive, of the time, place and purpose.
Time must be authoritatively designated in advance
Stricter in cases of special election, at least there must be substantial
compliance
In fixing date of special election:
Should not be later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to elect
Not absolute; directory
Residual powers to conduct special elections even beyond the deadline
prescribed
Reasonably close to the date of the election not held, suspended, or which
resulted in failure
No law which provides for a reglementary period within which to file a
petition for the annulment of an election if there has been no proclamation
yet
Legally remain in office in hold-over capacity until successors have been
elected and qualified (LGC limits term of barangay officials to 3 years)
Exclusive original jurisdiction over all pre-proclamation cases
GR: COMELEC restricted, in ore-proclamation cases, to an examination of
the election returns on their face and is without jurisdiction to go beyond
them and investigate election irregularities.
Exception: duty-bound to investigate allegations of fraud, terrorism,
violence and other analogous cases in an action for annulment of election
results or for a declaration of failure of elections. (may conduct technical
examination of election documents and analyze signatures and fingerprints
in order to determine whether the election has been free, honest and clean)
Party-System - a free and open party-system shall be allowed to evolve
according to the free choice of the people
Votes cast in favor of political party, organization or collation that are
REGISTERED.
Entitled to appoint poll watchers in accordance with law.
Election Period
Commence 90 days before the day of the election and shall end 30 days
thereafter
Exception: period fixed by COMELEC in special cases
Judicial Review of COMELEC Decisions
Petition for certiorari (R65)
Filed with SC

w/in 30 days from receipt of decision of COMELEC en banc

XII. LOCAL GOVERNMENT
COMMISSION ON AUDIT
XIII. ACCOUNTABILITY OF PUBLIC OFFICERS
Composition
Chairman
2 Commissioners
Qualifications
Natural-born
at least 35 years old
CPAs with not less than 10 years of auditing experience OR members of the
Philippine Bar with at least 10 years practice of law
not have been candidates in the election immediately preceding the
appointment
no time shall ALL members belong to the same profession
Term
Appointed by the President with the consent of the Commission on
Appointments
Term of 7 years, without reappointment
Powers and Duties
Examine, audit and settle all accounts pertaining to the revenue and receipts
of, and expenditures or uses of funds and property owned or held in trust or
pertaining to the Government
Keep the general accounts of Government and preserve vouchers and
supporting papers for such period as provided by law
authority to define the scope of its audit and examination, establish
techniques and methods required therefore
Promulgate accounting and auditing rules and regulations, including those
for the prevention and disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses of government funds or
property
Examine, audit and settle all accounts pertaining to the revenue and receipts
of, and expenditures or uses of funds and property owned or held in trust or
pertaining to the Government
Post-audit basis
Constitutional Commissions and bodies/offices granted fiscal autonomy
autonomous state colleges and universities
GOCCs and subsidiaries with or without original charter
Non-governmental entities receiving subsidy or equity
Temporary or special pre-audit
Duty to pass in audit a salary voucher is discretionary
Exception: authority of Auditor General is limited to auditing (whether 1)
there is a law appropriating funds for a given purpose, 2) goods or services
have been delivered, 3) payment has been authorized) presence of all,
duty to pass a voucher in audit becomes MINISTERIAL.
COA may validly veto appropriations which violated rules on unnecessary,
irregular or unconscionable expenses, under 1987 Constitution.
Keep the general accounts of Government and preserve vouchers and
supporting papers for such period as provided by law
Authority to define the scope of its audit and examination, establish
techniques and methods required therefore
EXCLUSIVE
Power to define the scope of its audit
Promulgate auditing rules and regulations
Power to disallow unnecessary expenditures
NOT Exclusive power to examine and audit
Promulgate accounting and auditing rules and regulations, including those
for the prevention and disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses of government funds or
property
COA may stop the payment of the price stipulated in the government
contracts when found to be irregular, extravagant or unconscionable.
May prohibit the use of government vehicle by officials who are provided
with transportation allowance.
Jurisdiction of the Commission
No law shall be passed exempting any entity of Government or any
investment of public funds from the jurisdiction of the Commission on
Audit
Water districts are subject to jurisdiction of COA
Authority to investigate whether directors/officials/employees of GOCCs,
receiving additional allowances and bonuses are entitled to such.
Failure of bidding:
only one offeror
all the offers are non-complying or unacceptable does not speak of
accepted bids but of offerors, without disctinction as to whether they are
qualified or not.

Statement of Policy
Public office is a public trust.
Public officers and employees must at all times be accountable to the
people,
Serve them with utmost responsibility, integrity, loyalty and efficiency,
Act with patriotism and justice
And lead modest lives.
Impeachment
National inquest into the conduct of public men
Impeachable Officers
President
Vice President
Chief Justice
Associate Justices of SC
Chairmen and Members of ConCom
Ombudsman
* enumeration is exclusive
Impeachable officer who is a member of the Philippine Bar cannot be
disbarred without first being impeached.
Grounds:
Culpable violation of the constitution
treason
bribery
graft and corruption
other high crimes
betrayal of public trust
* enumeration is exclusive
Procedure for Impeachment Congress shall promulgate its rules
Initiating Impeachment Case
House of Representative shall have the exclusive power to initiate all cases
of impeachment.
Deemed initiated when the complaint (with accompanying resolution of
indorsement) has been filed with the House of Representatives and referred
to the appropriate Committee.
Initiated by
any Member of the House of Representatives OR
by any citizen upon a resolution of endorsement by any Member
Included in the order of business w/in 10 session days and referred to the
proper Committee w/in 3 session days.
If the verified complaint is filed by at least 1/3 of all the members of the
House, the same shall constitute the Articles of Impeachment and the trial
by Senate shall forthwith proceed (no need to refer the same to the proper
Committee)
The Committee, after hearing, and by a majority vote of all its members,
shall submit its report to the House w/in 60 session days
A vote of at least 1/3 of all the members of the House shall be necessary to
affirm a favorable resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution.
The vote of each member shall be recorded.
Limitations on initiating Impeachment Case
Not more than once within a period of 1 year against the same official.
Trial and Decision
The Senate shall have the sole power to try and decide all cases of
impeachment.
The Senators shall be on oath or affirmation.
President is on trial, the Chief Justice of the SC shall preside, but shall not
vote.
A decision of conviction must be concurred in by at least 2/3 of all
members of the Senate.
Effect of Conviction
Removal from office and disqualification to hold office.
Party convicted shall be liable and subject to prosecution, trial and
punishment according to law.
THE SANDIGANBAYAN
Anti-graft court
Composition
1 Presiding Justice
8 Associate Justices
With the rank of the Justice of the CA
Sits in 3 divisions of 3 members each
Jurisdiction
Following must concur:

violation of RA 3019, RA 1379, Chapter 2 Section 2 Title 7 Book II of

RPC, Eos 1, 2, 14 and 14-A or other offenses of felonies whether simple or
complexed with other crimes;
offender is public official or employees holding any of the positions
enumerated in par a Sec 4 RA 8249; and
offenses committed in relation to the office
Only instance when Sandiganbayan may exercise jurisdiction over a private
individual is when the complaint charges him either as a co-principal,
accomplice or accessory of a public officer who has been charged with a
crime within the jurisdiction of the Sandiganbayan.
Whether or not the Sandiganbayan or the RTC has jurisdiction shall be
determined by the allegations in the information specifically on whether or
not the acts complained of were committed in relation to the official
functions of the accused.
Required that the charge be set forth with particularity as will reasonable
indicate that the exact offense which the accused is alleged to have
committed is one in relation to his office.
Ramification of Section 7, RA 8249
if the trial of the cases pending before whatever court has already begun as
of the approval of RA 8249, the law does not apply;
if trial of cases pending before whatever court has not begun as of the
approval of RA 8249, then the law applies and the rules are:
if SB has jurisdiction over a case pending before it, then it retains
jurisdiction
if SB has no jurisdiction over a case pending before it, case shall be
referred to the regular courts
if SB has jurisdiction over a case pending before a regular court, the latter
loses jurisdiction and the same shall be referred to the Sandiganbayan
if a regular court has jurisdiction over a case pending before it, then said
court retains jurisdiction
Decision/Review
Unanimous vote of all 3 members required for the pronouncement of
judgment by a division.
Decisions of the Sandiganbayan shall be reviewable by the SC on petition
for certiorari
Mandatory for the Sandiganbayan to suspend any public officer against
whom a valid information charging violation of that law, or any offense
involving fraud upon the government or public funds or property is filed.
(RA 3019)
The appellate jurisdiction of the SC over decisions and final orders of the
Sandiganbayan is limited to questions of law.
THE OMBUDSMAN
Tanodbayan
Composition
One overall Deputy
At least one deputy for Luzon, Visayas and Mindanao
Separate deputy for the military establishment may likewise be appointed
Qualifications
Natural-born
At least 40 years of age
Recognized probity and independence
Members of the Philippines Bar
Must not have been candidates for any elective office in the immediately
preceding election
Ombudsman must have been a judge or engaged in the practice of law for
10 years or more
Appointment of the Ombudsman and his Deputies
By President
From a list of 6 nominees prepared by the Judicial and Bar Council
From a list of 3 nominees for every vacancy; all vacancies must be filled in
3 months.
Term of Office
7 years without reappointment
Rank and Salary
Rank of Chairman and Members of the ConCom
Receive the same salary which shall not be decreased during their term of
office
Fiscal Autonomy
Disqualifications/Inhibitions During their tenure shall:
Not hold any other office or employment
Not engage in the practice of any profession or in the active management or
control of any business which may in any way be affected by the functions
of his office

Not be financially interested, directly or indirectly, in any contract with, or

in any franchise or privilege granted by the Government
Not be qualified to run for any office in the election immediately
succeeding their cessation from office
Powers and Duties
jurisdiction of the Ombudsman over government-owned or controlled
corporations, 3 Requisites:
agency organized as a stock or non-stock corporation
vested with functions relating to public needs, whether government or
proprietary
owned by the Government directly or through its instrumentalities, either
wholly or, where applicable as in the case of stock corporations, to the
extent of at least 51% of capital stock
Special Prosecutor may prosecute before the Sandiganbayan judges accused
of graft and corruption, even if they come under the administrative
supervision of the SC.
Tanodbayan could review and reverse the findings of the City Fiscal and
order him to withdraw certain charges, inasmuch as the Presidents power
of control is exercised not by the Secretary of Justice but by the
Tanodbayan because the offense/s charged were allegedly committed by a
public functionary in connection with his office.
For purposes of initiating a preliminary investigation before the Office of
the Ombudsman, a complaint in any form or manner is sufficient.
Ombudsman or his deputy is authorized to preventively suspend any officer
or employee under his authority pending an investigation irrespective of
whether such officer or employee is employed in the Office of the
Ombudsman or in any other government agency.
Whether evidence of guilt is strong to warrant preventive suspension is left
to the determination of the Ombudsman. There is no need for preliminary
hearing.
Congress can, by statute, prescribe other powers, functions and duties to the
Ombudsman.
He may utilize the personnel of his office to assist in the investigation of
the cases, the Ombudsman may refer cases involving non-military
personnel for investigation by the Deputy Ombudsman for Military Affairs.
Power to cite for contempt; exercised by the Ombudsman while conducting
preliminary investigation because preliminary investigation is an exercise
of quasi-judicial functions.
Appeals shall be made to the CA in accordance with R43.
any illegal act or omission of any public official is broad enough to
embrace any crime committed by a public official or employee.
Power of the Ombudsman to investigate and to prosecute, as granted by
law, is plenary and unqualified.
The authority of the Ombudsman to investigate is not an exclusive
authority, but rather a shared or concurrent authority with the Department
of Justice Panel of Investigators, in respect of the offense charged
It is not for the court to review the Ombudsmans paramount decision in
prosecuting or dismissing a complaint filed before his office.
Exception: grave abuse of discretion on the part of the Ombudsman in
either prosecuting or dismissing a case before it is evident.
Case law holds that the Court is loathe to interfere with the exercise by the
Ombudsman of its powers.
While the Office of the Ombudsman has the discretion to determine
whether an information should be withdrawn and a criminal case should be
dismissed, and to move for the withdrawal of such information or dismissal
of a criminal case, the final disposition of the said motion and of the case is
addressed to the sound discretion of the Sandiganbayan, subject only to the
caveat that the action of the Sandiganbayan must not impair the substantial
rights of the accused and the right of the people t due process of law.
RA 1405 (Law on Secrecy of Bank Deposit) before an in camera
inspection of bank accounts may be allowed:
there must be a pending case before a court of competent jurisdiction
account must be clearly identified
inspection limited to the subject matter of the pending case before the court
bank personnel and account holder must be notified to be present during the
inspection
inspection may cover only the account identified in the pending case
investigation being done by the Ombudsman is NOT one before a court of
competent jurisdiction
Ombudsman has no authority to directly dismiss a public officer from
government service
Can only recommend to the officer concerned the removal of a public
officer or employee found to be administratively liable
HOWEVER the refusal, without just cause, of any officer to comply with
such an order of the Ombudsman to penalize an erring officer or employee
is a ground for disciplinary action.
Special Prosecutor
Existing Tanodbayan (at the time of the adoption of the 1987 Constitution)
shall be known as the Special Prosecutor.
It shall continue to function and exercise its powers as now or hereafter
provided by law, except those conferred to the Office of the Ombudsman.

Ill-gotten Wealth
Right of the State to recover properties unlawfully acquired by public
officials or employees, from them or from their nominees or transferees,
shall not be barred by prescription, laches or estoppel.
Applies only to civil actions for recovery of ill-gotten wealth and not to
criminal cases.

Imperium: government authority possessed by the State, embraced in

sovereignty and its capacity to own and acquire property.

Restriction on Loans
No loan, guaranty or other form of financial accommodation for any
business purpose may be granted directly or indirectly by any government
owned or controlled bank or financial institution to (during their tenure):
President
VP
Members of the Cabinet
Congress
SC
ConCom
Ombudsman
Any firm or entity in which they have controlling interest

Citizenship Requirements
Co-production, joint venture or production sharing agreements for
exploration, development and utilization of natural resources
Filipino citizens
Corporations at least 60% of whose capital is Filipino-owned
Agreements shall not exceed 25 years, renewable for another 25
Use and enjoyment of the nations marine wealth
Exclusively to Filipino citizens
Protect the rights of subsistence fishermen, especially of local communities
to the preferential use of the communal marine and fishing resources, both
inland and offshore.
Marginal Fisherman individual engaged in fishing whose margin of
return or reward from his harvest of fish, as measured by existing price
levels, is barely sufficient to yield a profit or cover the cost of gathering the
fish.
Subsistence Fishermen catch yields but the irreducible minimum for his
livelihood.
LGC defined marginal farmer or fisherman - engaged in the subsistence
farming or fishing which shall be limited to the sale, barter or exchange of
agricultural or marine products.
Preferential right granted to them is not absolute.
Alienable lands of public domain

Statement of Assets, Liabilities and Net Worth

A public officer or employee shall, upon assumption of office and as often
as may be required by law, submit a declaration under oath of his assets,
liabilities and net worth.
Declaration shall be disclosed to the public in the manner provided by law
in case of:
President
VP
Members of the Cabinet
Congress
SC
ConCom
Other constitutional offices
Officers of the armed forces of general or flag rank
Allegiance to the State and to the Constitution
Any public officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during his tenure shall
be dealt with by law.
XIV. NATIONAL ECONOMY AND PATRIMONY
Goals
equitable distribution of opportunities, income and wealth
sustained increase in amount of goods and services, produced by the nation
for the benefit of the people
expanding productions as the key to raising the quality of life
For attainment of these goals, the State shall:
Promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and
efficient use of human and natural resources and which are competitive in
both domestic and foreign markets.
State shall protect Filipino enterprises from unfair competition and trade
practices.
Natural Resources
All lands of public domain, waters, mineral, coal, petroleum and other
mineral oils, all forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna and other natural resources are owned by the State.
With the exception of agricultural lands, all other natural resources shall not
be alienated.
Regalian Doctrine: all agricultural, timber and mineral lands are subject to
the dominion of the State.
Before any land may be classified from the forest group and converted into
alienable or disposable land from agricultural or other purposes, there must
be positive act from the Government.
Absence of proof that property is privately owned, the presumption is that it
belongs to the State.
Any possession, no matter how lengthy, cannot ripen into ownership. And
all lands not otherwise appearing to be clearly within private ownership are
presumed to belong to the State.
Tasks of administering and disposing lands of public domain belongs to the
Director of Lands and ultimately the Secretary of DENR.
The classification of public lands is an exclusive prerogative of the
Executive Department through the Office of the President. In the absence of
classification, the land remains unclassified public land until released and
rendered open for disposition.
Forest land is not capable of private appropriation and occupation in the
absence of a positive act of the Government declassifying it into alienable
and disposable.

Dominium: lands held by the State in its proprietary character. It may

provide for the exploitation and use of lands and other natural resources,
including their disposition, except as limited by the Constitution.

Filipino citizens may acquire not more than 12 hectares by purchase,

homestead or grant OR lease more than 500 hectares
Private corporation may lease not more than 1,000 hectares for 25 years,
renewable for another 25 years
Certain areas of investment (as Congress shall provide when national
interest so dictates)
Filipino citizens
Corporations at least 60% of whose capital is Filipino-owned
Congress may prescribe higher percentage of Filipino ownership
Filipino First Policy
positive command which is complete in itself
needs no further guidelines or implementing rules or laws for its operation
per se enforceable
Filipinos should be preferred and when the Constitution declares that a
right exists in certain specified circumstances, an action may be maintained
to enforce this right.
Franchise, certificate or authorization for the operation of a public utility
Citizens of the Philippines
Corporations at least 60% of whose capital is Filipino-owned
Franchise, certificate or authorization shall not be exclusive nor for a period
for more than 50 years, and shall be subject to amendment, alteration or
repeal by Congress. All executive and managing officers must be Filipino
citizens.
No franchisee can demand or acquire exclusivity in the operation of a
public utility.
Congress does not have the exclusive power to issue such authorization
also administrative bodies.
Franchise for the operation of public utility does not require a franchise
before one can own the facilities needed to operate a utility, so long as it
does not operate them to serve the public.
Public utility: business or service engaged in regularly supplying the public
with some commodity or service of public consequence. Implies public use
and service.
All broadcasting, whether radio or television, is licensed by the
Government. They do not own the airwaves and frequencies and they are
merely given he temporary privilege.
A franchise is a privilege subject to amendment.
Joint venture falls within the purview of association; if it wishes to engage
in the business of operating a public utility, must comply with the 60-40%
Filipino-foreign capitalization requirement.
Classification of Lands of Public Domain
Lands of public domain are classified into:
agricultural
forest or timber
mineral lands
national parks
Agricultural lands may further be classified by law according to the uses to
which they may be devoted.
Congress shall determine by law the size of the lands of the public domain
which may be acquired, developed, held or leased and conditions therefore.
The classification of public lands is a function of the executive branch of
the Government Director of the Land Management Bureau.

The decision of the Director, when approved by the Secretary of the

Department of Environment and Natural Resources as to questions of fact
is conclusive upon the courts.
Alienable lands of the public domain shall be limited to agricultural lands.
Forest land cannot be owned by private persons.
It is not registrable and possession thereof, no matter how lengthy, cannot
convert it into private land, unless the land is reclassified and considered
disposable and alienable.
Foreshore land is that part of the land which is between the high and low
water, and left dry by the flux and reflux of the tides. It is part of the
alienable and of the public domain and may be disposed of only by leased
and not otherwise.
Private corporations or associations may not hold such alienable lands of
the public domain except by lease.
It would cease to be public land only upon the issuance of the certificate of
title to any Filipino citizen qualified to acquire the same.
1973 Constitution cannot impair vested rights. Where the land was acquired
in 1962 when corporations were allowed to acquire lands not exceeding
1,024 hectares, the same may be registered in 1982.
The 1987 Constitution prohibits private corporations from acquiring
alienable lands of the public domain.
Congress shall determine the specific limit of forest land and national
parks, marking clearly their boundaries on the ground.
The State shall protect the rights of indigenous cultural communities to
their ancestral lands to ensure their economic, social and cultural well
being.
The Stewardship Concept
The use of property bears a social function, and all economic agents shall
contribute to the common good, individuals and private groups, including
corporations, cooperatives and similar collective organizations, shall have
the right to own, establish and operate economic enterprises, subject to the
duty of the State to promote distributive justice and to intervene when the
common good so demands.
The State shall apply the principles of agrarian reform or stewardship,
whenever applicable, in the disposition or utilization of other natural
resources.
Including lands of the public domain under lease or concession suitable to
agriculture, subject to prior rights, homestead rights of small settlers, and
the rights of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farm workers in its own
agricultural estates which shall be distributed to them in the manner
provided by law.
Private Lands
Private lands shall be transferred or conveyed to individuals, corporations
or associations qualified to acquire or hold lands of the public domain.
Exception: in cases of hereditary succession
Any sale or transfer in violation of the prohibition is null and void.
Being an alien, disqualified from acquiring and owning real property.
Neither can petitioner recover the money he had spent for the purchase.
Equity, as a rule, will follow the law, and will not permit to be done
indirectly that which, because of public policy, cannot be done directly.
Action to recover the property sold filed by the former owner will lie, the
pari delicto ruling having been abandoned.
The lease for 99 years with a 50-year option to purchase the property if and
when Wong Heng would be naturalized is a virtual surrender of all rights
incident to ownership and therefore invalid. (PNB vs. Lui She)
Land tenure is not indispensable to the free exercise of religious profession
and worship.
A religious corporation, controlled by non-Filipinos, cannot acquire and
own lands even for a religious use or purpose.
For a religious corporation sole to acquire lands, it must appear that at least
60% of the faithful or its members are citizens of the Philippines in order to
comply with the citizenship requirement.
This is so regardless of the citizenship of the incumbent inasmuch as a
corporation sole is merely an administrator of the temporalities or
properties titled in its name and for the benefit of its members.
Land sold to an alien which was later transferred to a Filipino citizen or
where the alien later becomes a Filipino citizen can no longer be recovered
by the vendor because ether is no longer any public policy involved.
Exceptions to the Rule:
Hereditary Succession
Exception: testamentary disposition
A natural born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands
Filipino citizen may acquire 5,000 square meters of urban land
Filipino citizen may acquire 3,000 hectares of rural land
May be used for residence, business and for other purposes.
Americans hold valid title to private lands as against private persons

Titles to private lands acquired by such persons before such date (July 3,
1974) shall be valid as against private persons only) Transitory Provision
of the 1973 Constitution.
Previous owner may no longer recover land from an American buyer who
succeeded in obtaining title over the land.
Only the State has the superior right to the land through the institution of
escheat proceeding (as a consequence of the violation of the Constitution)
or through an action for reversion (as expressly authorized under the Public
Land Act with respect to lands which formerly formed part of the public
domain).
Remedies to Recover Private Land from Disqualified Alien
Escheat Proceedings
Action for Reversion under Public Land Act
The Director of Lands has the authority and the specific duty to conduct
investigation of alleged fraud in obtaining free patents and the
corresponding titles to alienable public lands.
And if the facts warrant, to file the corresponding court action for the
reversion of the land to the State.
Imprescriptible.
State, alone, which may institute reversion proceedings against public lands
allegedly acquired through fraud and misrepresentation.
Private parties are without legal standing at all question the validity of
respondents title.
Property in dispute is still part of the public domain, only the State can file
suit for reconveyance of such public land.
The State can be in estoppel by the mistakes or errors of its officials or
agents.
Estoppel against the State is not favored; it may be invoked only in rare and
unusual circumstances.
State may not be allowed to deal dishonorably or capriciously with its
citizens.
State may be held in estoppel for irregular acts and mistakes of its officials.
Republic vs. CA, where the State failed to correct and recover the alleged
increase in the land area of the titles issued, the prolonged inaction strongly
militates against its cause, tantamount to laches.
Laches failure or neglect, for an unreasonable and unexplained length of
time, to do that which by exercising due diligence could or should have
been done earlier.
The negligence or omission to assert a right within a reasonable time,
warranting a presumption that the party entitled to assert it either
abandoned it or decline to assert it.
Action for recovery filed by the former Filipino owner, the pari delicto
ruling having been abandoned, unless the land is sold to an American
citizen prior to July 3, 1974 and the American citizen obtained title thereto.
Preference for Filipino Labor, etc.
The State shall promote the preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt measures that help make
them competitive.
Practice of Profession
The practice of all profession shall be limited to Filipino citizens
Exception: in cases prescribed by law
Cooperatives
Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.
RA 6939: An Act Creating the Cooperative Development Authority
CDA is devoid of any quasi-judicial authority to adjudicate intracooperative disputes and, more particularly, disputes related to the election
of officers and directors of cooperatives.
CDA may conduct hearings and inquiries in the exercise of its
administrative functions.
Monopolies
Policy: the State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair
competition shall be allowed.
Monopoly a privilege or peculiar advantage vested in one or more
persons or companies, consisting in the exclusive right to carry on a
particular business or trade, manufacture a particular article, or control the
sale of a particular commodity.
Monopolies are not per se prohibited by the Constitution but may be
permitted to exist to aid the government in carrying on an enterprise or to
aid in the performance of various services and functions in the interest of
the public.
Subjected to a higher level of State regulation.
Desirability of competition is the reason for the prohibition against restraint
of trade.
The reason for the interdiction of unfair competition and the reason for the
prohibition of unmitigated monopolies.

A market controlled by one player (monopoly) or dominated by a handful

of players (oligopoly) is hardly the market where honest-to-goodness
competition will prevail.
Constitution enshrined free enterprise as a policy, it nevertheless reserves to
the Government the power to intervene whenever necessary for the
promotion of the general welfare.
Central Monetary Authority
Congress shall establish an independent central monetary authority, the
members of whose governing board must be:
natural-born
known probity, integrity and patriotism
majority of whom shall come from the private sector
The authority shall:
provide policy direction in the areas of money banking and credit
have supervision over the operations of banks
exercise such regulatory powers as may be provided by law over the
operations of finance companies and other institutions performing similar
functions
Until Congress otherwise provides, the Central Bank shall function as the
central monetary authority.
XV.

SOCIAL

JUSTICE

AND

HUMAN

RIGHTS

Policy Statement
Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity
reduce social, economic, and political inequalities
and remove cultural inequities by equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the acquisition, ownership, use and
disposition of property and its increment.
The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.
Pursuit to social justice cannot justify breaking the law.
The States solitude for the destitute and the have-nots does not mean it
should tolerate usurpation of property, public or private.
Labor
The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to:
self-organization
collective bargaining and negotiations
peaceful concerted activities, including the right to strike in accordance
with law
They shall be entitled to:
security of tenure
humane conditions of work
living wage
They shall also participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between the
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation and shall enforce their mutual
compliance to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the
right of labor to its just share in the fruits of production and
the right of enterprises to reasonable returns on investments and to
expansion and growth.
Employees in the civil service may not resort to strikes, walkouts and other
temporary work stoppages to pressure the Government to accede to their
demands.
The ability to strike is not essential to the right to association and the right
to sovereign to prohibit strikes or work stoppages was clearly recognized at
common law.
Agrarian and Natural Resources Reform
Constitutionality of the Comprehensive Agrarian Reform Law.
Urban Land and Housing Reform
The State shall, by law, and for the common good, undertake, in
cooperation with the private sector, a continuing program of urban land
reform and housing which will make available at affordable cost decent
housing and basic services to underprivileged and homeless citizens in
urban centers and resettlement areas.
It shall promote adequate employment opportunities.
State shall respect the rights of small property owners.
Urban or rural poor dwellers shall not be evicted nor their dwellings
demolished,

Except: in accordance with law and

in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without
adequate consideration with them and the communities where they are to be
located.
Eviction of squatters and the demolition of their shanties shall be done in
accordance with law does not mean that the validity and legality of
demolition or eviction hinges on the existence of resettlement area
designated or earmarked by the Government.
Judicial notice of the fact that urban reform has become a paramount task
of Government in view o the acute shortage of decent housing in urban
areas.
Section 19 of the LGC imposes certain restriction on the exercise of the
power of eminent domain/
RA 7279 provides the order in which lands may be acquired for socialized
housing.
Urban tenants right of first refusal (pre-emptive right), can be exercised
only where the disputed land is situated in an area declared to be an area for
priority development (APD) and an urban land reform zone (ULRZ).
Human Rights
The Commission on Human Rights
Composition
Chairman
4 Members
Qualifications
natural-born
majority of whom shall be members of the Bar
Term of office and other disqualification and disabilities of the members
shall be provided by law.
The power to appoint the Chairman and members of the Commission is
vested in the President, without need of confirmation by the Commission
on Appointments.
CHR does not enjoy fiscal autonomy. It does not belong to the species of
constituent commissions.
Powers and Functions:
jurisdiction or adjudicatory powers and not meant to be another court or
quasi-judicial agencies in this country
may investigate
receive evidence
make findings of fact as regards claimed human rights violations involving
civil and political rights
but fact-finding is not adjudication, and cannot be likened to the judicial
function of a court of justice, or even a quasi-judicial agency or official
cannot issue writs of injunction or a restraining order against supposed
violators of human rights, not being a court of justice.
XVI. EDUCATION, SCIENCE AND TECHNOLOGY, ARTS CULTURE
AND SPORTS
State Policy
priority to education, science and technology, arts, culture and sports to
foster patriotism and nationalism
accelerate social progress and
promote total human liberation and development
protect and promote the right of all citizens to quality education at all levels
and shall take appropriate steps to make such education accessible to all.
National Medical Admission Test (NMAT) ensures quality education for
future doctors and protect public health by making sure of the competence
of future medical practitioners.
Constitutional right of every citizen to select a profession or course of study
subject to fair, reasonable and equitable admission and academic
requirements.
It may be regulated pursuant to police power of the State to safeguard
health, morals, peace, education, order, safety and general welfare of the
people.
Persons who desire to engage in the learned professions requiring scientific
or technical knowledge may be required to take an examination as a
prerequisite to engaging in their chosen careers.
Requirement that a school must first obtain government authorization
before operating is based on the State policy that educational programs
and/or operations shall be of good quality and shall satisfy minimum
standards.
Constitutional Mandate for the State to
Establish adequate and relevant education
Free public elementary and high school education
Scholarship grants and loan programs
Out-of-school study programs
Adult education

Constitutional Objectives of Education

inculcate patriotism and nationalism
foster love of humanity
respect for human rights
appreciation of the role of national heroes in the historical development of
the country
teach the rights and duties of citizenship
strengthen ethical and spiritual values
develop moral character and personal discipline
encourage critical and creative thinking
broaden scientific and technological knowledge
promote vocational efficiency
Optional Religious Instruction
Option expressed in writing by parent or guardian
Public elementary and high schools
Within regular class hours
Instructors designated or approved by religious authorities
Without additional cost to Government
Educational Institution
Ownership
Solely by Filipino citizens or
Corporations 60% Filipino-owned
Exception: those established by religious groups or mission boards, but
Congress may increase required Filipino equity participation.
Control and Administration
Vested in Filipino citizen..
Alien Schools
No educational institution shall be established exclusively for aliens, and no
group of aliens shall compromise more than 1/3 of the enrolment in any
school.
Exception: schools for foreign diplomatic personnel and their dependents
and for other foreign temporary residents.
Tax Exemptions
all revenues and assets
all grants, endowments, donations and contributions
of non-stock, non-profit educational institution
used directly, actually and exclusively for educational purposes
Highest Budgetary Priority to Education
merely directory
Academic Freedom
enjoyed in all institutions of higher learning
colleges, publicly or privately-owned
Two Views:
from the standpoint if the educational institution
determine:
who may teach
what may be taught
how it shall be taught
who may be admitted to study
Freedom to determine whom to admit includes the right to determine whom
to exclude or expel, as well as to impose lesser sanctions such as
suspension.
Right to freely choose their field of study subject to existing curricula, and
to continue their course therein up to graduation, such right is subject to
established academic and disciplinary standards laid down by the academic
institution.
from the standpoint of the members of the academe
freedom of the teacher or research worker in higher institutions of learning
to investigate and discuss the problems of his science and to express
conclusions, whether through publication or in the instruction of students,
without interference from political or ecclesiastical authority, or from the
administrative officials of the institution in which he is employed, unless
the methods are found to be incompetent or contrary to professional ethics.
Widest latitude to innovate and experiment on the method of teaching
which is most fitting to his students, subject only to the rules and policies of
the University.
Limitations
dominant police power of the State
social interests of the community
Termination of Contract theory in Alcauz can no longer be used as a valid
ground to deny readmission or re-enrollment to students who had led or
participated in student mass actions against the school. The students do not
shed their constitutionally-protected rights of free expression at the school
games.
The only valid grounds to deny readmission of students are:
academic deficiency and
breach of the schools reasonable rules of conduct
Minimum standards of procedural due process must be satisfied:

student must be informed in writing of the nature and cause of the

accusation against them
right to answer the charges against them, with the assistance of counsel, if
desired
informed of the evidence against them
right to adduce evidence in their own behalf
evidence must be duly considered by the investigating committee or official
designated by the school authorities to hear and decide the case.
It is within the sound discretion of the university to determine whether a
student may be conferred graduation honors, considering that the student
had incurred a failing grade in an earlier course she took in school.
Profession Regulation Commission cannot interfere with the conduct of
review that review schools and centers believe would best enable their
enrollees to meet the standards required before becoming full-pledged
public accountants.
Prerogative of the school to provide standards for its teachers and to
determine whether or not these standards have been met is in accordance
with academic freedom and constitutional autonomy which give
educational institutions the right to choose who should teach.
Academic freedom was never meant to be unbridled license; it is a privilege
which assumes the correlative duty to exercise it responsibly.
Conferment of an honor or distinction was obtained through fraud, the
University has the right to revoke or withdraw the honor or distinction
conferred. The right does not terminate upon the graduation of the student.
Language
National language Filipino
Purpose of communication and instruction Filipino, and until otherwise
provided by law, English
Regional languages auxiliary official languages in the regions and shall
serve as ancillary media of instruction
Spanish and Arabic promoted on voluntary and optional basis
Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic and Spanish.
XVII. THE FAMILY
XVII. GENERAL PROVISIONS
Flag
Red, white and blue
A sun and 3 stars
As consecrated and honored by the people and recognized by law.
Name
Congress may, by law, adopt:
a new name for the country
a national anthem or
a national seal
which shall be truly reflective and symbolic of the ideals, history, and
traditions of the people.
Law shall take effect only upon its ratification by the people in a national
referendum.
Armed Forces of the Philippines
Composed of a citizen armed force
Which shall undergo military training
And serve, as may be provided by law.
All members of the armed forces shall take an oath or affirmation to uphold
and defend the Constitution
Professionalism and Adequate Remuneration shall be a prime concern of
the State.
Insulated from partisan politics.
No member of the military shall engage directly or indirectly in any
partisan political activity except to vote.
No member of the armed forces in the active service shall, at any time, be
appointed or designated in any capacity to any civilian position.
Laws on retirement of military officers shall not allow extension of their
service.
The officers and men of the regular force of the armed forces shall be
recruited proportionately from all provinces and cities as far as practicable.
National Police Force
The State shall establish and maintain one police force, which shall be:
National in scope and
Civilian in character.
To be administered and controlled by a national police commission.
Authority of local executives over the police units in their jurisdiction shall
be provided by law.
RA 6975 established the PNP under a reorganized department, DILG.
Mass Media and Advertising Industry

Mass Media
Ownership limited to CITIZENS or CORPORATIONS WHOLLYOWNED and MANAGED by such citizens.
Congress shall regulate or prohibit monopolies in commercial mass media.
Advertising Industry
Only FILIPINO CITIZENS or CORPORATIONS or ASSOCIATIONS at
least 70% FILIPINO-OWNED shall be allowed to engage in the advertising
industry.
ALL EXECUTIVES and MANAGING OFFICERS of such entities must be
CITIZENS of the Philippines.
Advertising entities affected shall have 5 years from the ratification of the
Constitution to comply on GRADUATED and PROPORTIONATE basis
with the minimum Filipino ownership.
XIX. TRANSITORY PROVISION
Elections
First elections of members of Congress 2nd Monday of May 1987
First local elections to be determined by President
Synchronization of elections:
Members of Congress and the local officials first elected shall serve until
noon of June 30, 1992.
6-year term of the incumbent President and Vice-President elected in
February 7, 1986 elections is extended until noon of June 30, 1992.
Elections for President and Vice-President, Senators, Members of the
House of Representatives and local office must be synchronized in 1992.
Existing Laws and Treaties
All existing laws, decrees, Eos, proclamations, letters of instructions, and
other executive issuances not inconsistent with the Constitution shall
remain operative until amended, repealed or revoked.
All existing treaties or international agreements which have not been
ratified shall not be renewed or extended without the concurrence of at least
2/3 of all the members of the Senate.
Reserved Executive Powers
Until a law is passed, the President may fill by appointment from a list of
nominees by the respective sectors, the seats reserved for sectoral
representative.
Until otherwise provided by Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local
government units compromising the Metropolitan Manila Authority.
Career Civil Service
Career civil service employees separated from the service not for cause but
as a result of the reorganization is entitled to appropriate separation pay and
to retirement and other benefits according to law in force at the time of their
separation.
In lieu of separation pay, at the option of the employees, they may be
considered for employment in the government.
Apply to career officers whose resignation, tendered in line with the
existing policy, had been accepted.
Sequestration
Authority to issue sequestration or freeze order relative to the recovery of
ill-gotten wealth shall remain operative for not more than 18 months after
the ratification of this Constitution. Congress may extend such period.
Sequestration or freeze orders shall be issued upon showing of a prima
facie case.
The corresponding judicial action shall be filed within 6 months from
ratification of this Constitution, or, if issued after ratification within 6
months from such issue.
The order is deemed automatically lifted if no judicial action or proceeding
is commenced.
No particular description or specification of the kind or character of
judicial action or proceeding much less an explicit requirement for the
impleading of the corporations sequestered or of the ostensible owners of
the property suspected to be ill-gotten.
The only qualifying requirement in the Constitution is that the action or
proceeding be filed for orders of sequestration, freezing or provisional takeover.
The action or proceeding must concern or involve the matter of
sequestration, freezing or provisional take-over of specific property and
should have, as objective, the demonstration by competent evidence that the
property is indeed ill-gotten wealth over which the government has a
legitimate claim for recovery and other relief.
Mere issuance of the writ of sequestration, without the corresponding
service, within the 18-month period, does not comply with the
constitutional requirement.
Lifting of the sequestration orders does not ispo facto mean that
sequestrated property are not ill-gotten. The effect of the lifting will merely
be the termination of the role of government as conservator of the property.

Writ of sequestration may be issued only upon authority of at least 2 PCGG

Commissioners.
PCGG may not validly delegate its authority to sequester.
PCGG cannot perform acts of strict ownership of sequestrated property.
PCGG being a mere CONSERVATOR.
Exception: case of take-over of a business belonging to the government or
whose capitalization comes from public funds but which landed in private
hands.
Sequestration does not automatically deprive the stockholders of their right
to vote their shares of stock. Until the main sequestration case is resolved,
the right to vote the sequestered shares of stocks depends on the 2-tiered
tests:
whether there is prima facie evidence showing that the said shares are illgotten and thus belong to the State
whether there is an immediate danger of dissipation thus necessitating their
continued sequestration and voting by PCGG while the main issue pends
with the Sandiganbayan.
Does not apply in cases involving funds of public character
The Government is granted the authority to vote said shares:
where government shares are taken over by private persons or entities
who/which registered them in their own names and
where the capitalization or shares that were acquired by public funds
somehow landed on private hands.
Sandiganbayan can review the validity of sequestration orders.
Absence of express prohibition, the rule on amicable settlement or
compromise agreements in the Civil Code is applicable to PCGG cases
before the Sandiganbayan.
PCGGs authority to enter into compromise agreements involving ill-gotten
wealth and to grant immunity in civil and criminal cases, without need of
prior Congressional approval is sustained.
Penal violations to fall within the jurisdiction of the PCGG:
it must relate to ill-gotten wealth;
of the late President Marcos, his immediate family, relatives, subordinates,
and close associates;
who took advantage of their public office and/or power, authority,
influence, connections or relationships.
Those not fulfilling the above elements are not within the authority of the
PCGG but within the jurisdiction of the Ombudsman and other duly
authorized investigating agencies.
The invalid preliminary investigation did not impair the validity of the
criminal information or otherwise render them defective; much less did not
affect the jurisdiction of the Court.
The only effect is the imposition on the latter of the obligation to suspend
the proceedings and to require the holding of preliminary investigation.
A mere allegation in the anti-graft complaint that the accused is a relative of
then President Marcos will not suffice to enable the PCGG to take
cognizance of the case. There must, in addition, be a showing that the
accused has unlawfully accumulated wealth by virtue of such close relation
with the former President.
Fact of sequestration alone did not automatically oust the RTC of its
jurisdiction.
In order that the Sandiganbayans exclusive jurisdiction may be invoked,
the PCGG must be a party to the suit.
The Office of the Solicitor General may validly call the PCGG for
assistance and ask it to respond to a motion for a bill of particulars,
considering that PCGG has the complete records of the case and, being in
charge of the investigation, is more knowledgeable and better informed.
GENERAL PRINCIPLES
Principles of Local Autonomy
Constitutional Provisions
The State shall ensure the local autonomy of local governments
The territorial and political subdivisions shall enjoy local autonomy
The principle of local autonomy under the 1987 Constitution simply means
DECENTRALIZATION.
It does not make the local government sovereign within the state or an
imperium in iperio.
Autonomy is either:
decentralization of administration
no valid constitutional challenge
delegation of administrative powers to broaden the base of governmental
power.
decentralization of power
abdication by the national government of political power in favor of the
local government
Congress retains control over the LGUs although significantly reduced
under the Constitution. National legislature is still the principal of LGUs
which cannot defy its will or modify or violate it.
Power to tax of LGUs which cannot be withdrawn by mere statute.
Any form of autonomy granted to local governments will necessarily be
limited and confined within the extent allowed by the central authority.
Exercise of local autonomy remains subject to:

power of control by Congress and

general supervision by the President
Scope of Presidents supervisory powers:
President can only interfere in the affairs and activities of a local
government unit if he finds that the latter had acted contrary to law;
Cannot interfere in local affairs as long as the concerned local government
unit acts within the parameters of the law and the Constitution;
Otherwise, violates the principle of local autonomy and the doctrine of
separation of powers.
Liga ng mga Barangay is not subject to the control by the Chief Executive
or his alter ego.
Corporation
Artificial being created by operation of law, having the right of succession
and the powers, attributes and properties expressly authorized by law or
incident to its existence.
Classification
Public: organized for the government of a portion of a state.
Private: formed for some private purpose.
Quasi-Public: private corporation that renders public service or supplies
public wants.
Criterion to determine whether corporation is public
Relationship of the corporation to the State; if it is created by the State as
its own agency to help the State in carrying out its governmental function
then it is public. Otherwise, it is private.
Classes of public corporations
Quasi-corporation created by the state for a limited purpose.
Municipal Corporation body politic and corporate constituted by the
incorporation of the inhabitants for the purpose of local government.
Municipal Corporation
Elements:
Legal creation or incorporation
Law creating or authorizing the creation or incorporation of a municipal
corporation.
Corporate name
Sanggunian Panlalawigan may change the name of component cities or
municipalities:
consultation with Philippine Historical Institute
effective upon ratification in a plebiscite
Inhabitants
People residing in the territory.
Territory
Land mass where the inhabitants reside
Together with external and internal waters and the airspace above.
Dual Nature and Functions
Exercise powers as a political subdivision of the National Government and
As a corporate entity representing the inhabitants of the territory.
Public or Governmental acts as agents of the State, for the government of
the territory and the inhabitants.
Private or Proprietary acts as agents of the community in the
administration of local affairs. Acts as a separate entity for its own purposes
and not as a subdivision of the state.
Roles of Municipal Corporations in the Philippines
The territorial and political subdivisions of the Philippines are the
PROVINCES, CITIES, MUNICIPALITIES and BARANGAYS. There
shall be AUTONOMOUS REGIONS in MUSLIM MINDANAO and the
CORDILLERAS.
Provinces
Cluster of municipalities or municipalities and component cities.
Dynamic mechanism for developmental processes and effective governance
of LGUs within its territorial jurisdiction.
City
More urbanized and developed barangays
General purpose government for the coordination and delivery of basic,
regular and direct services.
Effective governance of the inhabitants within its jurisdiction.
Muncipality
Group of barangays
General purpose government for the coordination and delivery of basic,
regular and direct services.
Effective governance of the inhabitant within its jurisdiction.
Barangay
Basic political unit
Primary planning and implementing unit of government policies, plans,
programs, projects and activities in the community.
Forum where collective views of the people may be expressed.

Where disputes may be amicably settled.

Autonomous Regions in Muslim Mindanao and the Cordilleras
Datu Firdausi Abbas vs. COMELEC: act establishing the Autonomous
Regional Government of Muslim Mindanao was held valid.
Cordillera Broad Colaition vs. Commission on Audit: exercise of legislative
powers, creating the Cordillera Administrative Region was held valid. It
prepared the groundwork for autonomy and the adoption of the organic law.
Ordillo vs. COMELEC: sole province of Ifugao which, in the plebiscite,
alone voted in favor RA 6766, cannot validly constitute the Autonomous
Region of the Cordilleras.
Special Metropolitan Political Subdivision
Congress may by law create special metropolitan political subdivisions
subject to a plebiscite.
The component cities and municipalities shall retain their basic autonomy
Entitled to their own local executives and legislative assemblies
Jurisdiction of the metropolitan authority shall be limited to basic services
requiring coordination.
Creation and Dissolution of Municipal Corporations
Authority to Create
LGU may be created, divided, merged, abolished or its boundaries
substantially altered either by:
law enacted by Congress provinces, city, municipality or any other
political subdivision
ordinance passed by Sangguniang Panlalawigan or Sangguniang
Panlungsod barangay
Requisites/Limitation on Creation or Conversion
No province, city, municipality or barangay may be created, divided,
merged, abolished or its boundary substantially altered, EXCEPT
in accordance with criteria established in the LGC
subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected
Plebiscite Requirement: conducted by the COMELEC within 120 days
from the date of effectivity of the law or ordinance effecting such action,
unless said law or ordinance fixes another date.
Plebiscite for creating a new province should include the participation of
the residents of the mother province in order to conform to the
constitutional requirement.
Where the law authorizing the holding of a plebiscite is unconstitutional,
the Court cannot authorize the holding of a new one.
The fact that the plebiscite which the petition sought to stop had already
been held and officials of the new province appointed does not make the
petition moot and academic, as the petition raises an issue of constitutional
dimensions.
Section 7, RA 7160 verifiable indicators of viability and projected
capacity to provide services:
Income
Sufficient, based on acceptable standards
To provide for all essential government facilities and services and special
functions
Commensurate with the size of its population
Average annual income for the last 2 consecutive years based on 1991
constant prices:
Municipality: 2,500,000
City 100,000,000
Highly Urbanized City: 50,000,000
Province: 20,000,000
Internal Revenue Allotment should be included in the computation of the
average annual income of the municipality. (for purposes of determining
whether the municipality may be validly converted into a city)
For conversion to cities, the municipalitys income should not include the
IRA.
Population
Total number of inhabitants within the territorial jurisdiction of the LGU
concerned.
Required minimum population:
Barangay: 2,000 inhabitants; except in Metro Manila and other
metropolitan political subdivisions or in highly urbanized cities where the
requirement is 5,000 inhabitants
Municipality: 25,000
City: 150,000
Highly Urbanized City: 200,000
Province: 250,000
Land Area
Contiguous, unless it comprises 2 or more islands or is separated by a LGU
independent of the others
Properly identified by metes and bounds with technical descriptions
Sufficient to provide for such basic services and facilities to meet the
requirements of its populace.
Area Requirements:
Municipality: 50 sq. kms.

City: 100 sq. kms.

Province: 2,000 sq. kms.
Compliance with the foregoing indicators shall be attested to by the
Department of Finance, the National Statistics Office and the Lands
Management Bureau of the Department of Environment and Natural
Resources.
Requirement that the territory of the newly-created local government units
be identified by metes and bounds is intended to provide the means by
which the area of the local government unit may be reasonably ascertained.
Territorial jurisdiction of the newly created city may be reasonably
ascertained by referring to common boundaries with neighboring
municipalities then the legislative intent has been sufficiently served.
Other constitutional limitations: Bill of Rights
Beginning of Corporate Existence
ELECTION and QUALIFICATION of its Chief Executive and a majority
of the members of its sangguinan.
UNLESS some other time is fixed therefore by the law or ordinance
creating it.
Division and Merger, Abolition of LGUs
Division and Merger
comply with same requirements, provided that such division shall not
reduce the income, population or land area of the local government unit/s
concerned to less than the minimum requirements prescribed
provided, further, that the income classification of the original local
government unit/s shall not fall below its current income classification prior
to the division.
Abolition
LGU may be abolished when its income, population or land area has been
irreversibly reduced to less than the minimum standards.
Law or ordinance abolishing a LGU shall specify the province, city,
municipality or barangay with which the local government unit sought to be
abolished will be incorporated or merged.
De Facto Municipal Corporation
Requisites:
Valid law authorizing incorporation
Attempt in good faith to organize under it
Colorable compliance with the law
Assumption of corporate powers
Not de facto municipal corporations, because there was no law authorizing
incorporation.
Attack Against Invalidity of Incorporation
No collateral attack
Inquiry into the legal existence of a municipal corporation is reserved to the
state in a proceeding for quo warranto or other direct proceeding.
Rule is applicable only when the municipal corporation is at least a de facto
municipal corporation
The Local Government Code
Effectivity: January 1, 1992; after its complete publication in at least 1
newspaper of general circulation.
Scope of Application: all provinces, cities, municipalities, barangays and
other political subdivisions as may be created by law and to officials,
offices or agencies of the National Government.
Declaration of Policy
Territorial and political subdivision of the State shall enjoy genuine and
meaningful local autonomy to enable them to attain their fullest
development as self-reliant communities and make them more effective
partners in the attainment of national goals.
Ensure accountability of LGUs through the institution of effective
mechanisms of recall, initiative and reference.
Require all national agencies and offices to conduct periodic consultations
with appropriate LGUs, non-governmental and peoples organizations and
other concerned sectors of the community before any project or program is
implemented in their respective jurisdiction.
Rules of Interpretation
Any provision on a power of a LGU shall be liberally interpreted in its
favor; in case of doubt, any question shall be resolved in favor of
devolution of power.
Any tax ordinance or revenue measure shall be construed strictly against
the LGU enacting it and liberally in favor if the taxpayer.
Any tax exemption, incentive or relief granted by any LGU shall be
construed strictly against the person claiming it.
The general welfare provision shall be liberally interpreted to give more
powers to LGUs in accelerating economic development and upgrading the
quality of life for the people in the community.
Rights and obligations existing on the date of effectivity of this Code and
arising out of contracts or any other source of prestation involving a LGU

shall be governed by the original terms and conditions of said contracts or

the law force at the time of such rights were vested.
In the resolution of controversies arising under this Code where no legal
provision of jurisprudence applies, resort may be had to the customs and
traditions in the place where the controversies take place.
II. GENERAL POWERS
GOVERNMENT UNITS

AND

ATTRIBUTES

OF

LOCAL

Powers in General
Sources
Philippine Constitution
Statutes
Charter
Doctrine of the right of self-government
Classification
express, implied, inherent
public, governmental, private or proprietary
intramural, extramural
mandatory, directory, ministerial, discretionary
Execution of powers
statute prescribes the manner of exercise the procedure must be followed
statute is silent LGUs have discretion to select reasonable means and
methods of exercise
Governmental Powers
General Welfare
Basic Services and Facilities
Power to Generate and Apply Resources
Eminent Domain
Reclassification of Lands
Closure and Opening of Roads
Local Legislative Power
Authority over Police Units
General Welfare
Exercise powers expressly granted, necessarily implied, and powers
necessary, appropriate or incidental for its efficient and effective
governance and those which are essential to the promotion of the general
welfare
w/ respective territorial jurisdiction,
preservation and enrichment of culture
promote health and safety
enhance the right of the people to a balanced ecology
encourage and support the development of appropriate and self-reliant
scientific and technological capabilities
improve public morals
enhance economic prosperity and social justice
promote full employment among its residents
maintain peace and order
preserve the comfort and convenience of their inhabitants
general welfare clause statutory grant of police power to LGUs
Limitations
exercisable only within territorial limits EXCEPT for protection of water
supply
Equal protection clause
Due process clause (means employes are reasonably necessary and not
unduly oppressive for the accomplishment of the purpose)
not be contrary to the Constitution and the laws.
Prohibited activities cannot be legalized in the guise of regulation.
Activities allowed by law cannot be prohibited, only regulated.
LGU may close a bank for failure to secure the appropriate mayors permit
and business licenses.
LGU may not regulate the subscriber rate by CATV operators within its
territorial jurisdiction jurisdiction of NTC; This does not mean that LGU
cannot prescribe regulations over CATV operators.
Ordinance prohibiting the operation of casino is invalid for being contrary
to the Charter of PAGCOR (PD1869)
Mayor authorized to issue permits and licenses for the holding of activities
for any charitable or welfare purposes.
LLDA which has exclusive jurisdiction to issue permits for the enjoyment
of fishery privileges in Laguna de Bay
Ordinance is not unconstitutional merely because it incidentally benefits a
limited number of persons the support for the poor has long been an
accepted exercise of the police power in the promotion of the common
good.
Municipality cannot grant exclusive fishing privileges without prior public
bidding and for a period of more than 5 years violates Fisheries Law.
Permits to operate cockpits mayor

Ordinance prohibiting operation of night-clubs is invalid prohibitory and

not mere regulatory
Basic Services and Facilities
Endeavor to be self-reliant
Continue exercising the powers and discharge the duties and functions
currently vested upon them
Discharge the functions and responsibilities of national agencies and others
devolved upon them
Exercise such other powers and discharge such other functions as are
necessary, appropriate or incidental to efficient and effective provision of
the basic services and facilities.
PUBLIC WORKS and INFRASTRUCTURE PROJECTS and other
FACILITIES, PROGRAMS and SERVICES FUNDED BY THE
NATIONAL GOVERNMENT are NOT covered under Section 17
EXCEPT where the LGU is duly designated as the implementing agency
for such projects, facilities, programs and services.
Devolution: act by which the national government confers power and
authority upon various LGUs to perform specific function and
responsibilities,
Includes the transfer of assets, equipments, records and personnel of
national agencies and offices to LGUs
Regional offices of national agencies shall be phased out within 1 years
from approval of Code.
Career regional director which cannot be absorbed by the LGU shall be
retained by the national government w/o diminution.
Power to Generate and Apply Resources
Establish an organization that shall be responsible for the efficient and
effective implementation of their development plans, programs, objectives
and priorities
To create their own sources of revenue
To levy taxes, fees and charges which shall accrue exclusively to their own
use and disposition and which shall be retained by them
To have a just share in the national taxes which shall be automatically and
directly released to them without need of any further action
To have an equitable share in the proceeds from the utilization and
development of the national wealth and resources with their respective
territorial jurisdictions
Develop, lease, encumber, alienate or otherwise dispose of real or personal
property held by them in their proprietary capacity and to apply their
resources and assets for productive, developmental or proprietary powers
and functions and thereby ensure their development into self-reliant
communities and active participants in the attainment of national goals.
LGUs have no power to tax instrumentalities of the National Government,
e.g. PAGCOR
Fundamental Principles governing the exercise of taxing and other revenueraising powers of LGUs
Taxation shall be uniform in all LGUs
Taxes, fees, charges and other impositions shall be
equitable based as far as practicable on the taxpayers ability to pay;
levied and collected only for public purpose;
not unjust, excessive, oppressive or confiscatory; and
not contrary to law, public policy, national economic policy or in restrain of
trade;
collection of taxes, fees, charges and other impositions shall not be left to
any private person
revenue collected shall inure solely to the benefit and be subject to the
disposition by the LGU, unless specifically provided herein
each LGU shall evolve a progressive system of taxation.
Exercise by LGU of the power to tax is ordained by the Constitution; only
guidelines and limitations that may be established by Congress can define
and limits such power of local governments.
Secretary of Justice can review the constitutionality or legality of tax
ordinance and if warranted, revoke it on either grounds
Exemption may be withdrawn at the pleasure of the taxing authority.
Exception: where the exemption was granted to private parties based on
material consideration of a mutual nature, which then becomes contractual
and is covered by the non-impairment clause of the Constitution.
Fundamental Principles governing financial affairs, transactions and
operations of the local government:
no money shall be paid out of the local treasury EXCEPT in pursuance of
appropriation ordinance or law
local government funds and monies shall be spent solely for public purpose
local revenue is generated only from sources expressly authorized by law or
ordinance and collection shall at all times be acknowledged properly
all monies officially received by a local government officer in any capacity
shall be accounted for as local funds unless otherwise provided by law
trust funds in the local treasury shall not be paid out except in fulfillment of
the purpose for which the trust was created or the funds received
every officer of the LGU whose duties permit or require the possession or
custody of local funds shall be properly bonded and such officer shall be
accountable and responsible for said funds and for safekeeping

local governments shall formulate sound financial plans and the local
budgets shall be based on functions, activities and projects in terms of
expected results
local budget plans and goals shall, as far as practicable, be harmonized with
national development plans, goals, strategies in order to optimize the
utilization of resources and to avoid duplication in the use of fiscal and
physical resources
local budgets shall operationalize approved local development plans
LGUs shall ensure that theirs respective budget incorporate the
requirements of their component units and provide for equitable allocation
of resources among those
national planning shall be based on local planning
fiscal responsibility shall be shared by all those exercising authority over
financial affairs, transactions and operations of the LGUs
the LGU shall endeavor to have a balanced budget in each fiscal year of
operation
Eminent Domain
Through chief executive and acting pursuant to an ordinance
For public purpose/use/welfare, for the benefit of the poor and landless
Payment of just compensation
Valid and definite offer has been previously made to the owners and such
offer was not accepted
LGU may immediately take possession:
upon filing of the expropriation and
making a deposit with the proper court of at least 15% of the FMV of the
property based on current tax declaration of the property
Amount to be paid for the property shall be determined by proper court
based on FMV at the time of TAKING of the property.
Additional Limitations
exercised by local chief executive, pursuant to VALID ordinance
public use or purpose or welfare, for the benefit of the poor and landless
after valid and definite offer has been made to and not accepted by the
owner
Power of eminent domain is expressly granted to the municipality under the
LGC
What is required by law is an ORDINANCE, not a resolution.
Ordinance is a law while a resolution is merely a declaration of sentiment
or opinion of a law-making body on a specific matter
3rd reading is needed for an ordinance, not for a resolution unless decided
otherwise by a majority of the members of the Sanggunian
Reclassification of Lands
City/municipality through ordinance passed after conducting public
hearings
Authorize reclassification of agricultural lands
And provide for the manner of their utilization/disposition
Grounds:
land ceases to be economically feasible and sound for agricultural purposes
as determined by Department of Agriculture
land shall have substantially greater economic value for residential,
commercial or industrial purposes, as determined by the sanggunian
Reclassification shall be limited to the following percentage of the total
agricultural land area at the time of the passage of the ordinance:
highly urbanized cities and independent component cities: 15%
component cities and 1st to 3rd class municipalities: 10%
4th to 6th class of municipalities: 5% Provided that agricultural land
distributed to land reform beneficiaries shall not be affected by such
reclassification.
Closure and Opening of Roads
Pursuant to an ordinance
Permanently or temporarily close or open any road, alley, park or square
falling within its jurisdiction
Provided, in case of permanent closure, ordinance must be approved by at
least 2/3 of all members of the sanggunian and when necessary, an adequate
substitute for the public facility shall be provided.
Additional limitations:
adequate provision for the maintenance of public safety
property may be used or conveyed for any purpose for which other real
property may be lawfully used or conveyed but no freedom parks shall be
closed permanently without provision for its transfer or relocation to a new
site.
temporary closure may be made during an actual emergency, fiesta
celebration, public rallies, etc.
Municipality has the authority to:
prepare and adopt a land use map
promulgate zoning ordinance
close any municipal road
provincial roads and city streets are property for public use and under
absolute control of Congress; they are outside commerce of man and cannot
be disposed to private persons
Power to vacate is discretionary on the Sanggunian

When properties are no longer intended for public use, the same may be
used or conveyed for any lawful purpose and may even become patrimonial
and subject to common contract.
City Council has the authority to determine whether or not a certain street is
still necessary for public use.
Local Legislative Power
Exercised by local sanggunian
Products of legislative action
ordinance prescribes permanent rule of conduct
resolution temporary character; expresses sentiment
Requisites:
not contravene the Constitution or statute
must not be unfair or oppressive
must not be partial or discriminatory
must not prohibit but regulate trade
must not be unreasonable
must be general in application and consistent with public policy
Approval
of
Ordinances

passed
by
SANGGUNIANG
PANLALAWIGAN,
SANGGUNIANG
PANLUNGSOD,
SANGGUNIANG BAYAN shall be approved by:
the local chief executive, affixing his signature on each and every page
local chief executive vetoes the same and the veto is overridden by 2/3 vote
of all the members of the sanggunian.
The local chief executive may veto only once.
Grounds:
ultra vires
prejudicial to the public welfare
He may veto any particular item/s of an:
appropriation ordinance
ordinance/resolution adopting a development plan and public investment
program
ordinance directing the payment of money or creating liability
The veto shall not affect the item/s not objected to.
The veto shall be communicated by the local chief executive to the
sanggunian
w/in 15 days in case of a province
w/in 10 days in case of a municipality
Otherwise, the ordinance shall be deemed approved, as if signed
Grant of veto power accords the Mayor the discretion whether or not to
approve the resolution signature on the resolution is NOT ministerial
duty of the Mayor.
Ordinance enacted by the sangguniang barangay shall, upon approval by a
majority of all its members, be signed by the punong barangay no veto
power.
Review by Sangguniang Panlalawigan
w/in 3 days from approval, the secretary of the sangguniang panlungsod (in
component cities) or sangguniang bayan shall forward to the sangguniang
panlalawigan for review copies of approved ordinances and resolutions.
Sangguniang panlalawigan shall review the same w/in 30 days
If it finds that it is beyond the power of the sangguniang
panlungsod/sangguniang bayan, it shall declare the ordinance/resolution
invalid.
If no action is taken w/in 30 days, it is presumed consistent w/ law and
valid.
Review of Barangay Ordinance
w/in 10 days from enactment, the sangguniang barangay shall furnish
copies of all barangay ordinances to the sangguniang panlungsod or
sangguniang bayan for review.
If the reviewing sanggunian finds that it is inconsistent with law or city or
municipal ordinances, the sangguniang concerned, shall within 30 days
return the same with its comments and recommendations to the
sangguniang barangay for adjustment, amendment or modification.
The effectivity of the ordinance is suspended.
If no action is taken by the reviewing sangguinan within 30 days, the
ordinance is deemed approved.
Enforcement of Disapproved Ordinance/Resolutions
Attempt to enforce an ordinance or resolution approving the local
development plan and public investment program, after disapproval, shall
be sufficient ground for the suspension or dismissal of the official or
employee concerned.
Effectivity
Unless otherwise stated in the ordinance/resolution, the same shall take
effect AFTER 10 DAYS from the DATE A COPY IS POSTED IN THE
BULLETIN BOARD at the entrance of the provincial capitol or city,
municipal or barangay hall, and in at least 2 other conspicuous places in the
LGU.
Gist of all ordinance W/ PENAL SANCTIONS shall be
PUBLISHED in a newspaper of general circulation within the province
where the local legislative body belongs;
absence of newspaper of general circulation, POSTING shall be made in all
municipalities and cities of the province where the sanggunian of origin is
situated.

In highly urbanized and independent component cities, the main features of

the ordinance or resolution duly enacted shall,
POSTED,
PUBLISHED once in a local newspaper of general circulation within the
city;
if there is no such newspaper within the city, then PUBLICATION shall be
made in any newspaper of general circulation.
Authority over Police Units
As may be provided by law.
Corporate Powers
LGUs shall enjoy full autonomy in the exercise of their proprietary
functions and in the management of their economic enterprises
Continuous succession in its corporate name
To sue and be sued
To have and use a corporate seal
To acquire and convey real or personal property
Power to enter into contracts
To exercise such other powers as are granted to corporations, subject to
limitations provided in the Code and other laws
Continuous succession in its corporate name
To sue and be sued
Suit is commenced by the LOCAL EXECUTIVE, upon authority of the
SANGGUINIAN except when the CITY COUNCILORS, by themselves
and as representatives of or on behalf of the City bring the action to prevent
unlawful disbursement of City funds.
Municipality cannot be represented by a private attorney.
Only the Provincial Fiscal or the Municipal Attorney. This is mandatory.
Exception: when the Provincial Fiscal is disqualified to represent it and the
fact of disqualification appears on record.
Fiscals refusal to represent the municipality is not a legal justification. The
Municipality should request DOJ Secretary to appoint an Acting Provincial
Fiscal
The legality of the representation of an unauthorized counsel may be raised
at any stage of the proceeding.
Municipal Attorney may validly adopt the work already performed by a
private lawyer provided that no injustice is committed against the adverse
party and that no compensation has been paid to the private counsel.
To have and use a corporate seal
Use, modify or change corporate seal
Any change shall be registered with DILG
To acquire and convey real or personal property
LGU may acquire real or personal, tangible or intangible property in any
manner allowed by law.
LGU may only alienate patrimonial property, upon proper authority
Absence of proof that the property was acquired through corporate or
private funds, the presumption is that it came from the State, thus,
governmental or public property.
Town plazas are properties of public domain; they may be occupied
temporarily but only for the duration of an emergency
Public Plaza is beyond the commerce of man and cannot be the subject of
lease or other contractual undertaking
Public streets or thoroughfares are property for public use, outside the
commerce of man and may not be the subject of lease or other contracts
Procurement of supplies is made through public competitive bidding
Exception: amount is minimal
Power to enter into contracts
Requisites of Valid Municipal Contracts
LGU has the express, implied or inherent power to enter into the particular
contract
The contract is entered into by the proper department, board, committee,
officer, or agent.
Unless otherwise provided, no contract may be entered into by the local
chief executive without prior authorization by the sangguinian concerned.
comply with substantive requirements
comply with formal requirements
Ultra Vires Contracts: contracts entered into without compliance with first
and third requisites ultra vires and void.
Cannot be ratified or validated.
Ratification of defective municipal contracts is possible only when there is
non-compliance with the 2nd and/or 4th requisite.
Does not provide that the absence of an appropriation ordinance ipso facto
makes a contract entered into by a LGU null and void. Public funds may be
disbursed not only pursuant to an appropriation law, but also pursuant of
other specific statutory authority.
Police power prevails over non-impairment clause.
Breach of contractual obligations city liable for damages

Authority to negotiate and secure grants

Local chief executive upon authority of the sangguinian
Negotiate and secure financial grants or donations in kind
In support of the basic services and facilities in Section 17
From local and foreign assistance agencies
Without necessity of securing clearance or approval from any department,
agency, or office of the national government or from any higher LGU
Provided, projects financed by such grant or assistance with national
security implications shall be approved by the national agency concerned.

engage in any business transaction with the LGU which he is an official or

employee or over which he has the power of supervisions
hold such interest in any cockpit or other games licensed by the LGU
purchase any real estate or other property forfeited in favor of the LGU for
unpaid taxes or by virtue of legal process at the instance of LGU
be a surety for any person contracting or doing business with the LGU for
which a surety is required
possess or use any public property of the LGU for private purpose
prohibitions and inhibitions prescribed in RA 6713

To exercise such other powers as are granted to corporations, subject to

limitations provided in the Code and other laws

Practice of Profession
GOVERNORS, CITY and MUNICIPAL MAYORS are prohibited from
practicing their profession or engaging in any occupation other than the
exercise of their function.
SANGGUNIAN MEMBERS may practice their profession, engage in any
occupation, or teach in schools EXCEPT during session hours.
Provide that those who are also MEMBERS of the BAR shall NOT:
appear as counsel before any court in any civil case wherein the LGU is the
adverse party
appear as counsel in any criminal case wherein an officer or EE of the
national or local government is accused of an offense committed in relation
to his office
collect any fee for their appearance in administrative proceedings involving
the LGU
use property and personnel of the government except when the sanggunian
member is defending the interest of the government.
Prohibition against private practice, if such practice represents interests
adverse to the government.
DOCTORS of medicine may practice their profession even during
OFFICIAL HOURS of work only on occasions of emergency. Provided
they do not derive monetary compensation.

III. MUNICIPAL LIABILITY

Rule: LGUs and their officials are NOT exempt from liability for DEATH
or INJURY to persons or DAMAGE to property
Specific Provisions Making LGUs liable:
Article 2189, CC: The LGU is liable in damages for death or injuries
suffered by reason of the DEFECTIVE CONDITION of roads, streets,
bridges, public buildings and other public works.
Attaches even if the road does not belong to the LGU, provided that the
City exercises control or supervision over said road.
Article 2180, CC: The State is responsible when it acts through special
agents
Article 34, CC: The LGU is subsidiarily liable for damages suffered by a
person by reason of the FAILURE or REFUSAL of a member of the
POLICE FORCE to render aid and protection in case of danger to life and
property.
Liability for Tort decisions PRIOR to LGC
if a LGU is engaged in GOVERNMENTAL functions, it is NOT liable
if a LGU is engaged in proprietary function, it is liable
City is liable for the tortuous acts of its employees under the principle of
respondeat superior
Liability for illegal dismissal of employee
Absent proof of malice or bad faith which attended the illegal dismissal
cannot be held personally accountable
Municipal corporation, whether or not included in the complaint for
recovery of back salaries due to wrongful removal from office is liable
Local officials may be held personally liable
Acted beyond the scope of their authority and with bad faith
Must be sued in their personal capacity
When they act maliciously and wantonly and injure individuals rather than
discharged a public duty, they are personally liable.
Liability for Violation of the Law
closed part of a municipal street without indemnification liable for
damages
non-payment of minimum wage to employees
refusal to abide by the TRO
Liability for Contracts
Rule: A municipal corporation, like an ordinary person, is liable on a
contract it enters into, provided that the contract is intra vires.
If the contract is utra vires, the municipal corporation is not liable.
a private indivisual who deals with a municipal corporation is imputed
constructive knowledge of the extent of the power o authority of the
municipal corporation to enter into contracts.
ordinarily, estoppel does not lie against the municipal corporation.
Doctrine of Implied Municipal Liability: a municipality may become
obligated upon an implied contract to pay the reasonable value of the
benefits accepted or appropriated by it as to which it has the general power
to contract.
Applies to all cases where money or property of a party is received under
such circumstances that the general law, independent of an express contract,
implies an obligation to do justice with respect to the same.
Cannot set up plea that it is ultra vires but still retain the benefits.
EStoppel cannot be applied against a municipal corporation in order to
validate a contract which the municipal corporation has no power to make
or which it is authorized to make only under prescribed limitations or in a
prescribed mode or manner even if the municipal corporation has
accepted benefits.
If a suit is filed against a local official which could result in personal
liability, the latter may engage the services of private counsel.

Prohibition Against Appointment

not eligible for appointment/designation in any capacity to any public
office/position during his tenure.
Shall not hold any other office or employment in the government, unless
otherwise allowed by law or the primary functions of the office.
no candidate who lost in any election shall, within one year after such
election be appointed to any office in the government
Except: losing candidates in barangay elections
Elective Local Officials
Qualifications
CITIZENS of the Philippines
REGISTERED VOTER in the barangay, municipality, city, province
or in case of a member of the Sangguniang Panlalawigan, Panlungsod or
Bayan the district where he intends to be elected.
RESIDENT therein for at least 1 year immediately preceding the election
able to read and write Filipino or any other local language or dialect
on election day, must be at least
25 governor, vice-gov, members of the sangguniang panlalawigan, mayor,
vice-mayor or members of the sangguniang panlungsod of highly urbanized
cities
21 mayor, vice-mayor of independent component cities, component cities
or municipalities
18 members of the sangguniang panlungsod or sangguniang bayan or
punong barangay or member of the sangguiniang barangy
At least 15 but not more than 21 sangguniang kabataan
not more than 21 is not equivalent to less than 22
Disqualifications
sentenced by final judgment for an offense involving moral turpitude or for
an offense punishable by 1 year or more of imprisonment within 2 years
after serving sentence
removed from office as a result of administrative case
convicted by final judgment for violating the oath of allegiance to the
Republic
dual citizenship
fugitives from justice in criminal or non-political cases here or abroad
permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of the Code
insane or feebele-minded
ELECTIVE LOCAL OFFICIAL removed via administrative case before
January 1, 1992 (date of effectivity of the LGC) is NOT disqualified.

IV. LOCAL OFFICIALS

Provisions applicable to elective and appointive local officials
Prohibited Business and Pecuniary Interest
Unlawful for any local government official/EE, directly or indirectly, to:

Manner of Election
Governor, Vice-Governor, City or Municipal Mayor, City or Municipal
Vice-Mayor and Punong Barangay elected at large
Sangguniang Kabataan Chairman elected by registered voters of the
katipunan ng kabataan

Regular Members of the Sangguniang Panlalawigan, Panlungsod and

Bayan elected by district.
Presidents of the leagues of Sangguinang Members of component cities and
municipalities serve as ex-officio members of the sangguniang
panlalawigan
Presidents of the Liga ng mga Barangay and Pederasyon ng mga
Sangguniang Kabataan elected by their respective chapters serve as exofficio members of the sangguniang panlalawigan, panlungsod or bayan.
1 sectoral representative from women, worker and any of the ff:
Urban poor
Indigenous cultural communities
Disabled persons
Any other sectors as may be determined by the sanggunian concerned w/in
90 days prior to the holding of the next local election.
Date of Election
Every 3 years
2nd Monday of may
Unless otherwise provided by law
Term of Office
3 years starting from noon of June 30, 1992 OR such date as may be
provided by law
Except that of barangay official
No elective local official shall serve for more than 3 consecutive terms in
the same position
Term of barangay officials and members of the sangguniang kabataan 5
years
3-term limit on a local official is to be understood to refer to terms for
which the official concerned was elected.
He must have been elected to the same position for the same number of
times before the disqualification can apply.
Prohibited election refers to the next regular election for the same office
following the end of the third consecutive term. Any subsequent election,
like a recall election, is no longer covered by the prohibition:
subsequent election like a recall election is no longer an immediate reelection after three consecutive terms
intervening period constitutes an involuntary interruption in the continuity
of service
Rules on Succession
Permanent vacancies:
fills a higher vacant office
refuses to assume office
fails to qualify
dies
removed from office
voluntarily resigns
permanently incapacitated to discharge the functions
Governor/Mayor Vice-Governor/Vice-Mayor
Vice-Governor/Vice-Mayor highest ranking sanggunian member OR 2 nd
highest ranking, and subsequent vacancies shall be filled automatically by
the other sanggunian members according to their ranking
Ranking in the sanggunian member 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 election.
Mode of succession for permanent vacancies may also be applied in cases
of temporary vacancies.
Punong Barangay highest ranking sanggunian barangay member OR 2 nd
highest
Tie between or among the highest ranking sanggunian members shall be
resolved by drawing lots.
Sanggunian member where automatic succession do not apply:
appointment by PRESIDENT, through Executive Secretary in the case of
Sangguniang Panlalawigan or Panlungsod of highly urbanized cities and
independent component cities
apponted by GOVERNOR sangguniang panlungsod of component cities
and the sangguniang bayan
appointed by CITY or MUNICIPAL MAYOR 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.
A nomination and a certificate of membership of the appointee from the
highest official of the political concerned are conditions sine qua non.
In case the permanent vacancy is caused by a sanggunian member who
does not beling in any political party, the local chief executive shall upon

recommendation of the sangguinian concerned, shall appoint a qualified

person to fill the vacancy.
Reason: to maintain party representation
Recommendation by the sanggunian takes the place of nomination by the
political party (since members of the sanggunian barangay are prohibited to
have party affiliation) and is considered condition sine qua non.
Vacancy in the representation of the youth and the barangay in the
sanggunian filled automatically by the official next in rank of the
organization concerned.
Member of the Sangguniang Kabataan who obtained the next highest
number of votes shall succeed as Chairman if the latter:
refuses to assume office
fails to qualify
convicted of a crime
voluntarily resigns
dies
permanently incapacitated
removed from office
has been absent without leave for more than 3 consecutive months
* ineligibility is not one of the causes enumerated in LGC
Temporary Vacancies
Governor/City or Muncipal Mayor/Punong Barangay is
temporarily incapacitated, due to but not limited to:
leave of absence
travel abroad
suspension from office
vice governor/city or municipal vice-mayor or the highest ranking
sanggunian barangay member shall automatically exercise the powers and
perform the duties EXCEPT:
power to appoint
power to suspend
power to dismiss
* which can be exercised only if the period of temporary incapacity exceeds
30 working days.
Temporary incapacity shall terminate upon submission to the appropriate
sanggunian of a written declaration that he has reported back to office.
If temporary incapacity due to legal causes shall also submit necessary
documents showing that legal cause no longer exists.
If local chief executive traveling within the country but outside his
territorial jurisdiction for a period not exceeding 3 consecutive days, he
may designate in writing the officer-in-charge of the office.
Such shall specify the powers and functions
If the local chief executive refuses to issue such authorization, the vice
governor/city or municipal vice-mayor or the highest ranking sanggunian
barangay member shall have the right to assume on the 4 th day of the
absence of the local chief executive EXCEPT
power to appoint
power to suspend
power to dismiss
Compensation
determined by the Sanggunian concerned
elective barangay official:
honoraria
allowances and other emoluments, which in no case less that P1,000/month
for the punong barangay and P600 for the sangguniang barangay members
Elective local officials entitled to the same leave privileges as those enjoyed
by appointive local officials, including cumulation and commutation
Resignation
deemed effective upon acceptance by the ff:
President governor/vice-gov/mayor/vice-mayor of highly urbanized cities
and independent component cities
Governor municipal mayors/vice-mayors/city mayors/vice-mayors of
component cities
Sanggunian concerned sanggunian members
city or municipal mayor barangay officials
resignation is deemed accepted if not acted upon within 15 working days
from receipt
irrevocable resignations by sanggunian members shall be deemed accepeted
upon
presentation before an open session
duly entered un its record
EXCEPT: where sangguniang members are subject to recall elections or to
cases where existing laws prescribe the manner of acting upon such
resignations.
Grievance Procedure

Local chief executive shall establish procedure

Discipline
Grounds disciplined/suspended/removed
Disloyalty to the Philippines
Culpable violation of the Constitution
Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty
Acts of lasciviousness cannot be considered misconduct; to constitute a
ground for disciplinary action, official charged with the offense must be
convicted in the criminal action
Commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor
abuse of authority
unauthorized absence of 15 consecutive working days except in the case of
members of the sangguniang panlalawigan, panlungsod, bayan and
barangay
application for, or acquisition of, foreign citizenship or residence or the
status of an immigrant of another country
other grounds as may be provided in this code and other laws
An elective local official may be removed from office on the above grounds
by order of the proper court.
Complaints verified complaint against;
provincial/highly urbanized city or independent component city elective
official filed before Office of the President
Elective municipal officials filed before Sangguniang Panlalawigan
appealable to Office of the President
Elective barangay official filed before Sangguiniang Panlungsod or
Sangguniang Bayan final and executory
PROVINCIAL/HIGHLY URBANIZED CITY OR INDEPENDENT
COMPONENT CITY ELECTIVE OFFICIAL FILED BEFORE
OFFICE OF THE PRESIDENT
Local governments under supervision of the Executive.
The Constitution allows Congress to include in LGC provisions for removal
of local officials; LGC has delegated its exercise to the President.
President has delegated the power to investigate complaints to the Secretary
of DILG alter ego principle
Right to formal investigation appeal and defend himself in person or by
counsel; confront witnesses against him; compulsory process for the
attendance of witnesses and the production of documents.
ELECTIVE
MUNICIPAL OFFICIALS
FILED
BEFORE
SANGGUNIANG PANLALAWIGAN APPEALABLE TO OFFICE OF
THE PRESIDENT
On appeal from decision of the Sanggunian Panlalawigan, the President
may stay execution of appealed decision
Decision of Sanggunian Panlalwigan must be:
in writing
state clearly and distinctly the facts and the reasons for the decisions
signed by the requisite majority of the sanggunian
ELECTIVE
BARANGAY
OFFICIAL

FILED
BEFORE
SANGGUINIANG PANLUNGSOD OR SANGGUNIANG BAYAN
FINAL AND EXECUTORY
Preventive Suspension may be imposed by the PRESIDENT, GOVERNOR
or MAYOR
any time after the issues are joined
evidence of guilt is strong
given the gravity of the offense
there is great probability that the continuance in office could influence the
witnesses or pose threat to the safety and integrity of the records and other
evidence
Provided, single preventive suspension shall not extend beyond 60 days
In the event that several administrative cases are filed, he cannot be
suspended for more than 90 w/in a single year on the same ground or
grounds existing and known at the time of the first suspension.
Authority to preventively suspend is exercised concurrently by the
Ombudsman six (6) months
The preventive suspension of an elective local official by the
Sandiganbayan shall only be for 60 days and not 90 days.
Upon expiration of preventive suspension, officer shall be REINSTATED to
office without prejudice to the CONTINUATION OF THE
PROCEEDINGS which shall be terminated within 120 days from the time
he was formally notified of the case against him.
Abuse of exercise of power of preventive suspension abuse of authority

Penalty
Penalty of suspension shall not exceed his unexpired term or a period of 6
months for every administrative offense
Nor shall penalty be a bar to candidacy as long as he meets requirements
Penalty of removal from office as a result of an administrative case shall be
a bar to the candidacy for any elective office.
Not more than 6 months for each offense; provide, the total does not exceed
the unexpired portion of his term
Administrative Appeal w/in 30 days from receipt
to Sangguniang Panlalawigan component cities sangguniang
panlungsod and sangguniang bayan
to OP Sangguniang Panlalawigan and Sangguniang Panlungsod of
highly urbanized cities and independent component cities
decisions of OP final and executory
administrative appeal to OP is possible; only means that administrative
appeal will not prevent enforcement of the decision
Execution Pending Appeal
appeal shall not prevent decision from being executed
during pendency of appeal shall be considered as having been placed
under preventive suspension
OP may stay execution of a decision pending appeal
Effect of Re-election
Bars continuation of administrative case against him
Re-election is tantamount to condonation by the people
Appointive Local Officials
Responsibility for human resources and development
Local chief executive
May employ emergency or casual employees or laborers paid on daily wage
or piecework basis and hired through job orders for local projects
authorized by sanggunian, without need of approval from CSC
Said employment shall not exceed 6 months.
Officials Common to all Municipalities/Cities/Provinces
Secretary to the Sanggunian
Treasurer
Assessor
Accountant
Budget Officer
Planning and Development Coordinator
Engineer
Health Officer
Civil Registrar
Administrator
Legal Officer
Agriculturist
Social Welfare and Development Officer
Environment and Natural Resources Officer
Architect
Information Officer
Cooperatives Officer
Population Officer
Veterinarian
General Services Officer
In the barangay, mandated appointive officials:
Barangay Secretary
Barangay Treasurer
Administrative Discipline in accordance with civil service law and other
pertinent laws
Preventive Suspension
Local chief executive
Period not exceeding 60 days
Any subordinate officer or employee under his authority
Pending investigation
If the charge involves:
dishonesty
oppression
grave misconduct
neglect in the performance of duty
or if there is reason to believe that respondent is guilty of the charges which
would warrant removal
Disciplinary Jurisdiction
Local chief executive may impose penalty of :
removal
demotion in rank
suspension for not more than 1 year without pay

fine in an amount not exceeding 6 months salary

reprimand
If penalty is suspension without pay for not more than 30 days, decision
shall be final.
If heavier, appealable to CSC which shall decide the appeal within 30 days
from receipt.
Disciplinary authority over City Revenue Officer City Treasure NOT
Mayor.
V. INTER-GOVERNMENTAL RELATIONS
National Government
Power of General Supervision
President over LGUs
Supervisory authority directly over provinces, highly urbanized cities and
independent component cities.
Through the Province with respect to component cities and municipalities
Through City and Municipality with respect to barangays
Coordination with National Agencies
National agencies and offices with project implementation functions shall
coordinate with one another and with the LGU
Ensure participation of LGU in planning and implementation of national
projects.
Consultation
Before project or program shall be implemented:
consultation
prior approval of sanggunian
Provided, occupants in areas where such projects are to be implemented
shall not be evicted unless appropriate relocation sites have been provided.
Philippine National Police
Operational supervision of local chief executive police force, fire
protection unit and jail management personnel
Inter-Local Government Relations
Province through Governor
Ensure that every component city and municipality within its territorial
jurisdiction acts within the scope of its prescribed powers
Highly urbanized cities and independent component cities shall be
independent of the province.
Governor shall review a; Eos promulgated by the component city or
municipal mayor within its jurisdiction.
The city or municipal mayor shall review all EOs promulgated by the
punong barangay within his jurisdiction.
Failure to act w/in 30 days from submission deemed consistent with law
and therefore valid.
In the absence of a municipal legal officer, municipal government may
secure opinion of provincial legal officer; absence of the latter, provincial
prosecutor.
City or Municipal Mayor exercise general supervision over component
barangays
LGUs may through appropriate ordinance group themselves, consolidate or
coordinate their efforts/services/resources for purposes commonly
beneficial to them.
Contribute fund upon approval by sanggunian after public hearing
Peoples and Non-Governmental Organizations
LGUs shall promote their establishment to become active partners in the
pursuit of local autonomy.
LGUs may enter into joint ventures and other cooperative arrangements
with Peoples and Non-Governmental Organizations to engage in the
delivery of basic services.
LGU, through local chief executive with concurrence of sanggunian,
provide assistance financial or otherwise to Peoples and NonGovernmental
Organizations
for
economic,
socially-oriented,
environmental or cultural projects to be implemented within its territorial
jurisdiction.
Mandated Local Agencies
Local School Board
Local Health Board
Local Development Council
Local Peace and Order Council
Settlement of Boundary Disputes
Boundary Disputes between and among LGUs
Settled amicably
Rules
Involving 2 or more barangays in the same city/municipality referred to
Sangguniang Panlungsod or Sangguniang Bayan

Incolving 2 or more municipalities in the same province referred to

Sangguniang Panlalawigan
Involving municipalities or component cities in different provinces jointly
referred to the sanggunians of the provinces
Involving a component city or municipality on the one hand and a highly
urbanized city on the other, or 2 or more highly urbanized cities jointly
referred to the respective sanggunians of the parties
Sanggunian fails to effect a settlement within 60 days from the date the
dispute was referred to it, it shall issue a certification.
Dispute shall then be formally tried by the sanggunian, which shall decide
the issue within 60 days from the date of the certification.
within the time and manner prescribed by the ROC, any party may elevate
the decision of the sanggunian concerned to the proper RTC having
jurisdiction over the area in dispute which shall decide the appeal within 1
year from filing.
Settlement of boundary dispute between a municipality and an independent
component city in the same province RTC in the province that can
adjudicate the controversy.
The boundaries must be clear for they define the limits of the territorial
jurisdiction of the LGU. It can legitimately exercise powers of government
only within the limits of its territorial jurisdiction. Beyond these limits, its
acts are ultra vires.
VI. LOCAL INITIATIVE AND REFERENDUM
Local Initiative
It is the legal process whereby the registered voters of a local government
unit may directly propose, enact or amend any ordinance.
It may be exercised by all registered voters.
Procedure
Petition filed with the sanggunian proposing the adoption, enactment,
repeal or amendment of an ordinance
Not less than 2,000 registered voters in the region
Not less than 1,000 registered voters in cases of provinces and cities
Not less than 100 voters in case of municipalities
Not less than 50 voters in case of barangays
If no favorable action taken, within 30 days from presentation, the
proponents through their duly authorized and registered representatives,
may invoke their power of initiative, giving notice to the sanggunian
concerned.
The proposition shall be numbered serially starting from Roman Numeral
I. Two or more propositions may be submitted in an initiative. The
COMELEC or designated representative shall extend assistance in the
formulation of the proposition.
Proponents collect the required number of signatures within
90 days in case of provinces and cities
60 days in case of municipalities
30 days in case of barangays
From NOTICE
The petition shall be signed before the election registrar or his
representative, in the presence if the a representative of a proponent and a
representative of the sanggunian in a public place in the local government
unit.
Lapse of the period, COMELEC shall certify as to whether the required the
number of signatures has been obtained. Failure to obtain the required
number of signatures. Failure to obtain the required number of signatures
defeats the proposition.
If required number is obtained, the COMELEC shall set a date for the
initiative during which the proposition is submitted to the registered voters
for their approval:
w/in 60 days in case of provinces
w/in 45 days in case of municipalities
w/in 30 days in case of barangays
from date of CERTIFICATION by COMELEC.
The initiative shall be held on the date set, after which the results shall be
certified and proclaimed by the COMELEC.
If the proposition is approved by a majority of the votes cast, it shall take
effect 15 days after certification by the COMELEC.
Limitations
On Local Initiative
not be exercised more than once a year
extend only to subjects or matters which are within the legal powers of the
sanggunian to enact
at any time before the initiative is held, the sanggunian adopts in toto the
proposition presented and the local chief executive approves the same, the
initiative shall be cancelled. However, those against such action may apply
for initiative.
On the Sanggunian

Any proposition or ordinance approved through an initiative and

referendum shall not be repealed, modified or amended by the sanggunian
w/in 6 months from date of approval.
Amended, modified or repealed w/in 3 years by a vote of all its members.
In case of barangays, the period shall be 18 months after the approval.
Local Referendum
Legal process whereby the registered voters of the LGUs may approve,
amend or reject any ordinance enacted by the sanggunian.
The local referendum shall be held under the control and direction of the
COMELEC:
w/in 60 days in case of provinces
w/in 45 days in case of municipalities
w/in 30 days in case of barangays
COMELEC shall certify and proclaim the results of the said referendum.
Authority of Courts
Nothing shall preclude the proper courts from declaring null and void any
proposition approved pursuant for violation of the Constitution or want of
capacity of the Sanggunian concerned to enact said measure.
VII. LOCAL GOVERNMENT UNITS
The Barangay
Chief Officials and Offices
There shall be in each barangay:
PUNONG BARANGAY
7 SANGGUNIANG BARANGAY MEMBERS
The SANGGUNIANG KABATAAN CHAIRMAN
BARANGAY SECRETARY
BARANGAY TREASURER
LUPONG TAGAPAMAYAPA
The Sangguniang Barangay may form brigades and create such other
positions or offices as may be deemed necessary to carry out the purposes
of the barangay government.
Punong Barangay, Sangguniang Barangay Members and members of the
Lupong Tagapamayapa in each barangay shall be deemed as Persons in
Authority in their jurisdiction; while other barangay officials and members
who may be designated by law or ordinance and charged with maintenance,
protection and security, and any barangay members who comes to the aid of
persons in authority shall be deemed agents of persons in authority.
Barangay Chairman is a public officer who may e charged with arbitrary
detention.
Barangay Chairman entitled to possess and carry firearms within the
territorial jurisdiction of the barangay.
The Barangay Assembly
Composed of:
All persons who are actual residents of the barangay for at least 6 months,
15 years of age or over
Citizens of the Philippines
Duly registered in the list of barangay assembly members
Meet at least 2x a year to hear and discuss the semestral report to the
sangguniang barangay concerning its activities and finances and problems
affecting the barangay.
Katarungang Pambarangay
Lupong Tagapamayapa
Punong barangay as chairman
10 to 20 members
Constituted every 3 years
Powers of the Lupon
Exercise administrative supervision over the conciliation panels
Meet regularly once a month to provide a forum for exchange of ideas
among its members and the public of matters relevant to the amicable
settlement of disputes, and to enable various conciliation panel members to
share with one another their observations and experiences in effecting
speedy resolution of disputes
Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance
Pangkat ng Tagapagkasundo
Conciliation panel or Pangkat ng Tagapagkasundo shall be constituted for
each dispute brought before the lupon.
Consists of 3 members
Chosen by the parties to the dispute
From list of members of the lupon
Should the parties fail to agree on the pangkat membership, the same shall
be determined by lots drawn by the lupon chairman

Subject Matter of Amicable Settlement

procedure
conciliation
arbitration
effects of settlement and arbitration award
Sangguniang Kabataan
Creation: There shall be in every barangay a Sangguniang Kabataan
a Chairman
7 Members
a secretary
a treasurer
An official who, during his term of office, shall have passed the age of 21
shall be allowed to serve the remaining portion of the term for which he
was elected.
Katipunan ng Kabataan
Shall be composed of:
all citizens of the Philippines actually residing in the barangay for at least 6
months
who are 15 but not more than 21 years of age
duly registered in the list of the sangguniang kabataan or in the official
barangay list in the custody of the barangay secretary.
It shall meet once every 3 month, or at the call of the sangguniang kabataan
chairman, or upon written petition of at least 1/20 of its members.
Pederasyon ng mga Sangguniang Kabataan
There shall be an organization of all the prederasyn ng mga sangguniang
kabataan:
in municipalities pambayang pederasyon
in cities panlungsod ng pederasyon
in provinces panlalawigang pederasyon
special metropolitan political subdivision pangmetropolitang pederasyon
on national level pambansang pederasyon
Leagues of Local Government Units/Officials
Liga ng mga Barangay
Organization of all the barangays for the primary purpose of determining
the representation of the Liga in the sanggunians
And for ventilating, articulating and crystallizing issues affecting barangay
government administration and securing, through proper and legal means,
solutions.
Liga is empowered to create such other positions as may be deemed
necessary.
League of Municipalities
Organized for the primary purpose of ventilating, articulating and
crystallizing issues affecting municipal government administration, and
securing through proper and legal means, solutions.
XII. ELECTION CONTESTS
Jurisdiction over Election Contests
Original and Exclusive
President/VP
SC
Senator
Senate ET
Representative
HRET
Regional/Provincial/City
COMELEC
Municipal
RTC
Barangay
MTC/MeTC
Appellate
Decision of RTC/MTC/MeTC = exclusively to COMELEC, whose decision
shall be final, executory and unappealable.
Election Contests for Municipal Offices:
Filed with RTC shall be decided expeditiously.
Decision may be appealed to COMELEC w/in 5 days from promulgation or
receipt of copy by the aggrieved party.
COMELEC shall decide appeal within 60 days after it is submitted for
decision, but not later than 6 months after the filing of the appeal, which
decision shall be final, executory and unappealable.
MR is a prohibited pleading.
COMELEC cannot deprive RTC of its competence to order EXECUTION
of its decision PENDING APPEAL, being a judicial prerogative and there
being no law disauthorizing the same.
In the exercise of its exclusive appellate jurisdiction, COMELEC has the
power to issue writs of prohibition, mandamus or certiorari.
In the absence of any express provision, RTC, a court of general
jurisdiction, has jurisdiction over controversies involving election of
members of the Sangguniang Kabataan.

Decision in appealed cases involving elective municipal and barangay

officials raised to SC via SCA for certiorari on the ground that
COMELECs factual finding is marred by grave abuse of discretion.
Review of a decision of the Electoral Tribunal is possible only in the
exercise of supervisory or extraordinary jurisdiction, and only upon
showing that the Tribunals error results from whimsical, capricious,
unwarranted, arbitrary or despotic exercise of power.
Purposes of election contests cognizable by Electoral Tribunal HRET
rules of procedure prevail over provisions of the Omnibus Election Code
Actions which may be Filed
Election Protest
Quo Warranto
Election Protest
Requisites:
filed by any candidate who has filed a certificate of candidacy and has been
vote upon for the same office.
on grounds of fraud, terrorism, irregularities or illegal acts committed
before, during or after casting and counting of votes
rights of contending parties must yield to the far greater interest of the
citizens in upholding the sanctity of the ballot.
COMELEC cannot simply close its eyes to the illegality of the ballots, even
if the protestant omitted to raise the ground in his protest.
Handwriting even without the use of experts; being an internal matter.
Order regarding the revision of ballots is an interlocutory order requires
a party to perform certain acts leading to the final adjudication of the case.
General Rule: The filing of an election protest or quo warranto precludes
the subsequent filing of a pre-proclamation controversy or amounts to an
abandonment of one earlier filed, depriving the COMELEC of the authority
to inquire into and pass upon the title of the protestee or the validity of the
proclamation.
Exceptions:
Board of Canvassers was improperly constituted.
Quo Warranto is not the proper remedy.
What was filed was not really a petition for quo warranto or an election
protest but a petition to annul a proclamation
filing of an election contest was expressly made without prejudice to the
pre-proclamation controversy or was made in ad cautelam
proclamation was null and void (in which case the pre-proclamation case is
not rendered moot)
general denial does not amount to an admission of the material allegations
in the protest.
Failure to commence the revision of ballots in the counter-protested
precincts is deemed a waiver of his counter-protest.
Omissions are merely administrative lapses, error to nullify election results
in the absence of clear showing of fraud.
w/in 10 days from proclamation of the results of the election
period for filing election protest is suspended while pre-proclamation case
is pending.
After 5 days from Proclamation files appeal in pre-proclamation case
only 5 days left to file election protest.
COMELEC may not entertain a counter-protest filed beyond the
reglementary period to file the same
Petition or protest contesting the election of a barangay official should be
decided by the MTC/MeTC w/in 15 dyas from filing.
Payment of Docket Fees
Pay docket fee of )300
Additional docket fees for damages
Failure to pay, protest should be dismissed
Requirement for Certificate of Absence of Forum Shopping
Death of Protestant
Does not extinguish election protest.
Imbued with public interest involves not only adjudication of the private
interest of the rival candidates but also the paramount need of dispelling
once and for all the uncertainty that beclouds the real choice of the
electorate with respect to who shall discharge the prerogatives of the office.
If persons not real parties in interest in the action could be allowed to
intervene, proceedings will be unnecessarily complicated, expensive and
interminable.
Quo Warranto
Requisites:
filed by any registered voter in the constituency
grounds of ineligibility or disloyalty to the Republic
w/in 10 days from proclamation
Distinction between Quo Warranto in elective and appointive office
Elective Office
Issue is the eligibility of the officer-elect

Court/tribunal cannot declare protestant or the candidate who obtained the

2nd highest number of votes as having been elected.
There must be a final judgment of disqualification before the election in
order that the votes of the disqualified candidate can be considered stray.
In voting for a candidate who has not been disqualified by final judgment
during election day, the people voted for him bona fide, without any
intention to misapply their franchise and in the honest belief that the
candidate was then qualified to be the person to whom they would entrust
the exercise of the power s of government.
Appointive Office
Issue is the legality of the appointment
The court determined who of the parties has legal title to the office
Execution Pending Appeal
TC may grant a motion for execution pending appeal, because the mere
filing of an appeal does not divest the trial court of its jurisdiction.
Since it had jurisdiction to act on the motion at the time it was filed, that
jurisdiction continued until the matter was resolved, and was not lost by the
subsequent action of the opposing party.
Rationale: to give as much recognition to the worth of the trial judges
decision as that which is initially ascribed by law to the proclamation of the
Board of Canvassers,
To prevent the grab the proclamation, prolong the protest techniques.
Factors:
Public interest involved or will of the electorate
Shortness of the remaining portion of the term
Length of time that the election contest has been pending
Reasons allowing for immediate execution must be of such urgency as to
outweigh the injury or damage of the losing party should such party secure
a reversal of judgment on appeal.
Filed before expiration of the period for appeal.
Award of Damages
Actual and compensatory damages may be awarded in election contests and
quo warranto proceedings
Intent of the legislators to do away with the provisions indemnifying the
victorious party for expenses incurred in the election contest, in the absence
of a wrongful act or omission clearly attributable to the losing party.
Question for damages remain ripe for adjudication notwithstanding that the
appeal from a decision of the election case has already been moot
Contest
Involving title or claim of title to an elective office, made before or after
proclamation of the winner, whether or not the contestant is claiming the
office in dispute.
Election, Returns and Qualifications
Collectively, all matters affecting the validity of the contestees title to the
position
Election
Conduct of the polls
Includes
listing of votes
holding of election campaign
casting of votes
counting of votes
Returns
Includes:
canvass of returns
proclamation of winners
questions concerning composition of Board of Canvassers
authenticity of elections returns
Qualifications
may be raised in quo-warranto proceeding against proclaimed winner
XIII. ELECTION OFFENSES
Prohibited Acts
Vote-buying and vote-selling
Distribution of yosi (People vs. Ferrer)
Wagering upon the result of the elections
Bet or wager forfeited to Government
Threats, intimidation, terrorism, use of fraudulent device or other forms of
coercion
Appointment of new employee
Exception:
In case of urgent need
w/ notice given to COMELEC
w/in 3 days from appointment

Includes creation of new positions, promotion or granting of salary

increase.
Carrying of deadly weapon within a radius of 100 meters from precint
Not necessary that deadly weapon be seized from the accused.
Transfer or detail of government official/employee without COMELEC
approval
Exception: not penalized, if done to promote efficiency.
To prove violation:
Fact of transfer or detail within the election period as fixed by the
COMELEC
Transfer or detail was made without prior approval of the COMELEC
Good Faith is not a defense
Generally, mala prohibita
Proof of criminal intent is not necessary
Good faith, ignorance, or lack of malice is not a defense
Jurisdiction over Election Offenses
Investigation and prosecution COMELEC has exclusive jurisdiction.
May validly delegate to Provincial Prosecutor.
It is not the duty of the COMELEC to gather proof in support of a
complaint.
Trial and Decision RTC has exclusive jurisdiction to try and decide any
criminal actions or proceedings for violation of election laws.
The MTC and MeTC, by way of exception, exercises jurisdiction only over
offenses relating to failure to register or to vote.
Preferential Disposition of Election Offenses
Investigation and prosecution of election offenses shall be given priority by
COMELEC.
Investigating officer shall resolve the case w/in 5 days from submission.
Courts shall give preference to election offenses over all other cases.
Exception: writ of HC
Cases shall be decided w/in 30 days from submission.
Prescription for election offenses
5 years from date of commission
GENERAL PRINCIPLES
Administrative Law - Branch of public law which:
Fixes the organization
Determines the competence of administrative authorities
Indicates to the individual remedies for the violation of his rights.
Kinds
Statutes
Rules, regulations or orders
Determinations, decisions and orders
Body of doctrines and decisions
Administration
as a Function the execution, in non-judicial matters, of the law or will of
the State as expressed by competent authority
as an Organization group or aggregate of persons in whose hand the reins
of government are for the time being.
Kinds
Internal legal side of public administration
External deals with problems of government regulation
Administrative Bodies or Agencies
Organ of government which affects the rights of private parties either
through adjudication or rule-making.
Creation
constitutional provision
legislative enactment
authority of law
Criterion
primarily regulatory
on its rule-making authority it is administrative when it does not have
discretion to determine what the law shall be but merely prescribes details
for the enforcement of the law.
Types
offering some gratuity, grant or special privilege
carry on certain of the actual business of the government
performing some business service for the public
regulate business affected with public interest
regulate private business and individuals, pursuant to police power
adjust individual controversies because of strong social policy involved
make the government a private party

II. POWER OF ADMINSITRATIVE BODIES

Powers of Administrative Bodies
Quasi-legislative or rule-making power
Quasi-judicial or adjudicatory
Determinative
Quasi-Legislative Power
Exercise of delegated legislative power
Involves no discretion as to what the law shall be
Fix the details in the execution or enforcement of a policy
Rules and regulations issued by administrative authorities pursuant to
powers delegated to them have the force and effect of law
They are binding on all persons subject to them
Courts will take judicial notice
Letters of Instructions and Eos are presidential issuances; one may repeal or
alter, modify or amend the other, depending on which comes later.
The function of promulgating rules and regulations may be legitimately
exercised only for the purpose of carrying out the provisions of the law into
effect.
Administrative regulations cannot extend the law or amend a legislative
enactment.
Administrative regulations must be in harmony with the provisions of law.
It must not override, but must remain consistent with the law they seek to
apply and implement.
Administrative agency has no discretion whether or not to implement a law.
Its duty is to enforce the law.
Administrative order is an ordinance issued by the President which relates
to specific aspects in the administrative operation of Government.
Kinds of Administrative Rules or Regulations
Supplementary or Detailed Legislation
Fix the details in the execution and enforcement of a policy set out in the
law.
Interpretative Legislation
Construe or interpret the provisions of a statute to be enforced
Binding on all concerned until they are changed
Effect of law and are entitled to respect
Have in their favor presumption of legality
Erroneous application of the law by public officers does not bar subsequent
correct application of the law
Contingent Legislation
Made on the existence of certain facts or things upon which the
enforcement of law depends.
Requisites for Validity
Issued under authority of law
Within the scope and purview of the law
Reasonable
Publication in the OG or in a newspaper of general circulation
Interpretative rules and regulations/mere internal in nature/ letters of
instructions concerning the rules and guidelines to be followed by their
subordinates in the performance of their duties may simply be POSTED in
CONSPICUOUS PLACES in the AGENCY.
DOLE Department Order and POEA Memorandum Circulars proper
publication + filing in the Office of the National Administrative Register
(Article 5 of LC)
Administrative Rules with Penal Sanctions (additional requisites)
law itself must declare as punishable the violation of the administrative rule
or regulation
law should define or fix the penalty for the violation of the administrative
rule or regulation
Necessity for Notice and Hearing
NO constitutional requirement for a hearing:
promulgation of a general regulation
rule is procedural
merely legal opinions
substantive rules where the class to be affected is large and the questions to
be resolved involve the use of discretion committed to the rule-making
body
Hearing Requirement:
subordinate legislation, designed to implement a law by providing details
substantially adds to or increase the burden of those concerned
exercise of quasi-legislative authority
Function of Prescribing Rates by an Administrative Agency may either be:
Legislative Function: prior notice and hearing is not a requirement
Where the rules and rates are meant to apply to ALL enterprises of a given
kind throughout the country, they may partake of a legislative character

Adjudicative Function: prior notice and hearing are essential to the validity
Where the rules and rates are meant to apply exclusively to a particular
party, then its function is quasi-judicial in character
Where hearing is indispensable, it does not preclude the Board from
ordering, ex-parte, a provisional increase subject to its final disposition of
whether or not to make it permanent, to reduce or increase it further or to
deny the application. (Maceda vs. Energy Regulatory Board)
Determinative Powers
Directing
Power of assessment of BIR and Customs
Enabling
Permit or to allow something which the law undertakes to regulate
Dispensing
To exempt from a general prohibition OR
Relieve individual or corporation from an affirmative duty
Examining
Investigatory power
production of books, papers, etc.
attendance of witnesses
compelling their testimony
Power to compel attendance of witnesses not inherent in administrative
body
But an administrative officer authorized to take testimony or evidence is
deemed authorized to administer oath, summon witnesses, require
production of documents, etc.
Power to punish contempt must be expressly granted to the administrative
body; when granted, may be exercised only when administrative body is
actually performing quasi-judicial functions
Summary
Power to apply compulsion or force against persons or property to
effectuate a legal purpose without a judicial warrant to authorize such
action
Quasi-Judicial or Adjudicatory Powers
Proceedings partake of the character of judicial proceedings
Administrative due process
right to hearing
tribunal must consider evidence presented
decision must have something to support itself
evidence must be substantial
decision must be based on the evidence adduced at the hearing or at least
contained in the record and disclosed to the parties
the Board or Judges must act on its or independence consideration of the
facts and the law of the case, and not simply accept the views of a
subordinate in arriving at a decision
decision must be rendered in such a manner that the parties to the
controversy can know the various issues involved and the reasons for the
decision rendered
In forfeiture proceeding, where the owner of the allegedly prohibited article
is known, mere posting of the notice of hearing in the Bulletin Board does
not constitute compliance.
Due process demands that the person be duly informed of the charges
against him. He cannot be convicted of an offense with which he was not
charged.
Party be afforded reasonable opportunity to be heard and to submit any
evidence he may have in support of the defense.
In administrative proceedings, it means the opportunity yto explain ones
side or opportunity to seek a reconsideration of the action or ruling
complained of; a formal or trial-type hearing is not, at all times, necessary.
Requirement of notice and hearing in termination cases does not connote
full adversarial proceedings, as actual adversarial proceedings become
necessary only for clarification or when there is a need to propound
searching questions to witnesses who give vague testimonies.
Procedural right which employee must ask for since it is not an inherent
right.
Summary proceedings may be conducted
Administrative due process dies not necessarily require the assistance of
counsel.
In a request for extradition, the prospective extradite does not face a clear
and present danger of loss of property or employment, but of liberty itself.
He is entitled to the minimum requirements of notice and opportunity to be
heard.
The standard of due process that must be met in administrative tribunals
allows a certain latitude as long as the element of fairness is not ignored;
even in the absence of previous notice, there is no denial of due process as
long as the parties are given the opportunity to be heard.
Administrative due process:
opportunity to be heard
opportunity to seek reconsideration
opportunity to explain ones side

Substantial evidence: such relevant evidence as a reasonable mind might

accept as adequate to support a conclusion which is the quantum of proof
necessary to prove a change in an administrative case
To be heard does not mean only verbal agreements in court, one may also
be heard through pleadings.
Administrative Determinations where Notice and Hearing are NOT
necessary for due process
grant of provisional authority for increased rates or to engage in a particular
line of business
summary proceedings of distraint and levy upon the property of a
delinquent taxpayer
cancellation of passport, no abuse of discretion
summary abatement of a nuisance per se which affects the immediate safety
of persons/property
preventive suspension of a public officer/employee pending investigation of
administrative charges
Right Against Self-Incrimination
Administrative charge of unexplained wealth which may result in forfeiture
of the property
Medical practitioner where proceeding could possibly result in the loss of
his privilege to practice medicine
Right may be invoked at the time he is called as a witness
If he voluntarily takes the witness stand, he can be cross-examined, but he
may still invoke the right at the time the question which calls for an answer
which incriminates him of an offense other than that which is charged is
asked.
Power to Punish Contempt is Inherently Judicial
conferred by law and
administrative body is engaged in performance of its quasi-judicial powers
Administrative Decisions not Part of the Legal System
no vested right
could not place government in estoppel
Administrative Appeal and Review
higher or superior administrative body
President/ Department Secretaries by virtue of the power of Control
appellate administrative agency
Doctrine of res judicata
Decisions and orders of administrative agencies have upon their finality, the
force and effect of a final judgment within the purview of the doctrine of
res judicata.
Conclusive upon the rights of the affected parties as though the same had
been rendered by a court of general jurisdiction.
Forbids the reopening of a matter once determined by competent authority
acting within their exclusive jurisdiction.
Applies to adversary administrative proceeding
Does NOT apply in administrative adjudication relative to citizenship
Exception: Zita Ngo Burca vs. Republic
question of citizenship is resolved by a court or an administrative body as a
material issue in the controversy after a full-blown hearing
active participation of the SolGen
finding made by the administrative body on the citizenship issue is affirmed
by the SC
LLDA: regulatory and quasi-judicial power in respect to pollution cases
and matters affecting the construction of illegal fishpens, fish cages and
other aqua-structures in Laguna de Bay; may issue cease and desist orders
DECS Regional Director: return to work order; administrative charges;
constitute an investigating panel
Housing and Land Use Regulatory Board (HLURB): unsound real estate
business practices
Department of Energy: electric power
Home Insurance Guarantee Corporation(HIGC): disputes involving
homeowners association
III. EXHAUSTION OF ADMINISTRATIVE REMEDIES
Doctrine
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.
Reasons
if relief is first sought from a superior administrative agency, resort to
courts may be unnecessary
administrative agency should be given a chance to correct its error
principles of comity and convenience

judicial review of administrative decisions is usually made through special

civil actins, which will not normally prosper if there is another plain,
speedy and adequate remedy in the ordinary course of law
Only decision of administrative agencies made in the exercise of QUASIJUDICIAL and ADJUDICATORY POWERS are subject to the rule on
exhaustion.
Constitutionality/validity of a rule or regulation in the performance of
quasi-legislative function regular courts have jurisdiction
Corollary Principle
Doctrine of Prior Resort/ Doctrine of Primary Administrative Jurisdiction
No Where there is competence or jurisdiction vested upon an administrative
body to act upon a matter, no resort to the courts may be made before such
administrative body shall have acted upon the matter.
Conversion of subdivision lots HLURB
Enforcement of forestry laws DENR
Issuing license to radio stations NTC
Disputes arising from construction contracts Construction Industry
Arbitrary Commission
Agricultural lands under the coverage of CARP DAR
Effluents of a particular industrial establishment Pollution Adjudication
Board
Doctrine of Finality of Administrative Action
No resort to the courts will be allowed unless the administrative action has
been completed and there is nothing left to be done in the administrative
structure.
A party aggrieved must not only initiate the prescribed administrative
proceeding, but must pursue it to its appropriate conclusion before seeking
judicial intervention.
Effect of Failure to Exhaust Administrative Remedies
Jurisdiction of court is NOT affected
Complainant is deprived of a CAUSE OF ACTION which is a ground for
MTD
If no MTD is filed, deemed a waiver
Exceptions
Doctrine of Qualified Political Agency (alter ego doctrine)
Administrative remedy is fruitless
Estoppel on the part of the Administrative Agency
Issue involved is purely a legal question
Administrative action is patently illegal
Unreasonable delay or official inaction
Irreparable injury or threat, unless judicial recourse is immediately made
Land cases, where subject matter is private land
Law does not make exhaustion a condition precedent to judicial recourse
Observance of the doctrine will result in the nullification of the claim
Special reasons or circumstances demanding immediate court action
Due process of law is clearly violated
Rules does not provide a plain, speedy and adequate remedy
IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
Rule
Judicial review may be granted or withheld as Congress chooses
Except: when Constitution requires or allows it
Judicial review of administrative decisions cannot be denied the courts
when there is an allegation of grave abuse of discretion.
Bases for Judicial Review
Unless otherwise provided by this Constitution or by law
Any decision, order or ruling of each Commission may be brought to the
SC on certiorari
w/in 30 days from receipt of a copy
General Principles
underlying power in the Courts to scrutinize the acts of administrative
agencies on questions of law and jurisdiction although no right of review is
given by statute.
Keep administrative agencies within its jurisdiction.
Protect substantial rights of parties affected by the decisions.
Part of system of checks and balances which restricts the separation of
power and forestalls arbitrary and unjust adjudication.
Methods of Obtaining Judicial Review
Statutory or Non-Statutory
Statutory available pursuant to statutory provision
Non-statutory no express statute granting review, relief is obtained by
means of:
common law remedies
prerogative writs of certiorari

mandamus
HC
prohibition
quo warranto
if statutory methods for judicial review are available, they are ordinarily
exclusive and the use of non-statutory methods will not likely be permitted.
Direct or Collateral
Direct attempt to question in subsequent proceedings the administrative
action for lack of jurisdiction, grave abuse of discretion, etc. (attack on
citizenship of an individual)
Collateral relief from administrative action sought in a proceeding the
primary purpose of which is some relief other than the setting aside of the
judgment, although an attack on the judgment may be incidentally
involved.
What Court has Jurisdiction
CA have appellate jurisdiction over judgments or final orders of the CTA
and from awards, judgments, final orders or resolutions of or authorized by
any quasi-judicial agency in the exercise of its quasi-judicial functions.
Administrative bodies, co-equal with RTC on terms of rank and stature and
beyond the control of the latter.
Doctrine of Non-Interference by TCs with co-equal administrative bodies is
intended to ensure judicial stability.
Reviewed by RTC Bureau of Immigration, Court martial, LLDA
Questions which may be subject of judicial review
Question of Law
Question of Fact
Factual findings of administrative agencies are generally conclusive upon
the courts if supported by substantial evidence, EXCEPT
expressly allowed by statute
fraud, imposition or mistake other than error of judgment
error in appreciation of the pleadings and in the interpretation of the
documentary evidence presented by the parties
Mixed Question of Law and Fact (Brandeis Doctrine of Assimilation of
Facts)
What purports to be a finding upon a question of fact is so involved with
and dependent upon a question of law as to be in substance and effect a
decision on the latter, the Court will, in order to decide the legal question,
examine the entire record including the evidence.
Guidelines for the exercise of the power
Findings of fact are respected as long as they are supported by substantial
evidence, even if not overwhelming or preponderant.
Findings of administrative officials and agencies who have acquired
expertise are generally accorded not only respect but at all times even
finality.
Principle that factual findings of administrative bodies are binding upon the
Court may be sustained only when no issue of credibility is raised.
It is not for the reviewing court to weigh the conflicting evidence,
determine credibility of witnesses or otherwise substitute its judgment for
that of the administrative agency on the sufficiency of evidence.
Administrative decision in matters with the executive jurisdiction can only
be set aside on proof of
grave abuse of discretion
fraud
collusion
error of law
Courts will not generally interfere with purely administrative matters unless
there is clear showing of arbitrary, capricious or grave abuse of discretion
amounting to lack of jurisdiction.
Judicial Review is not trial de novo
It is merely an ascertainment of whether the findings of the administrative
agency are consistent with law, free from fraud or imposition and supported
by evidence.

I. GENERAL PRINCIPLES
Public Office
Right, authority, duty, created and conferred by law, by which for a given
period, either fixed by law or enduring at the pleasure of the creating
power, an individual is invested with some sovereign power of government
to be exercised by him for the benefit of the people.
Elements:
created by law or by authority of law
possess a delegation of a portion of the sovereign powers of government, to
be exercised for the benefit of the public
powers conferred and duties imposed must be defined by the legislature or
by legislative authority

duties must be performed independently and without control of the superior

power UNLESS they be those of an inferior or subordinate officer created
or authorized by the legislature and placed under the general control of a
superior officer or body
permanence or continuity
Creation:
Constitution
statutory enactment
authority of law
Public Officer
a person who holds office
Public Officer, as understood under criminal law
Article 203. any person who, by direct provision of law, popular election or
appointment by competent authority shall take part in the performance of
public functions in the Government; or shall perform in said Government
public duties as am employee, agent, or subordinate official of any rank or
class, shall be deemed to be a public officer.
RA 3019. includes elective and appointive officials and employees,
permanent or temporary whether in the classified, unclassified or exempt
services, receiving compensation, even nominal from the government.
PB 807. Career and Non-career services (formerly, classified, unclassified
or exempt)
Distinguished from Clerk or Employee
Officer, duties not being of clerical or manual nature, involves the exercise
of discretion in the performance of the functions of government.
Includes any government employee, agent or body having authority to do
the act or exercise that function.
Main characteristic that distinguishes a Public Officer creation and
conferring of an office involves a delegation to the individual of some of
the sovereign functions of government, to be exercised by him for the
benefit of the public.
II. ELIGIBILITY AND QUALIFICATIONS
Qualifications
2 Different Senses:
endowments, qualities, attributes which make an individual eligible for
public office
must possess at the time of the appointment/election and continuously for
as long as the official relationship exists
act of entering into the performance of the functions of public office
Property qualifications may not be imposed for the exercise of the right to
run for public office.
Loss of any of the qualifications during incumbency will be a ground for
termination.
Failure of an officer to perform an act required by law could affect the
officers title to the given office.
Prolonged failure or refusal to take the oath of office could result in
forfeiture of the office.
BP 881 the office of any official ELECTED who fails or refuses to take
his oath of office within 6 months from his proclamation shall be
considered vacant UNLESS failure is for a cause/s beyond his control.
Oath of office is a qualifying requirement for public office.
Until he is qualified, the holdover officer is the rightful occupant.
Oath of office taken before one who has no authority to administer oath, is
no oath at all.
Pendency of election protest is not sufficient basis to enjoin him from
assuming office or from discharging his functions.
Authority to Prescribe Qualifications
Qualification prescribed by Constitution generally exclusive unless
Constitution provides otherwise
Public officers created by statute Congress has plenary powers to
prescribe qualifications, provided:
germane to the objectives for which the office was created
qualifications are not too specific as to fit a particular identifiable person
that would deprive appointing authority of discretion in the selection of the
appointee
Disqualifications
Authority
Legislature has the right to prescribe disqualifications in the same manner
as it can prescribe qualifications.
Limitation: do not violate the Constitution
Disqualification may be because of unfitness for public office or because
the person is rendered ineligible for the office.
General Disqualifications under the Constitution
No candidate who lost in an election, shall, within 1 year after such
election, be appointed to any office in the Government.

No elective official shall be eligible for appointment or designation in any

capacity to any public office or position during his tenure.
No appointive official shall hold any other position in the Government,
unless otherwise allowed by law or the primary functions of his office.
*ex-officio capacity
Specific Disqualification under the Constitution
President, VP, Cabinet Members and their deputies and assistants shall not
hold any other office or employment during their tenure, UNLESS
otherwise provided in the Constitution.
No Senator or Member of the HR may hold any other office or employment
in the Government including GOCC, during his term without forfeiting his
seat. Neither shall he be appointed to any office which may have been
created or the emoluments increased during the term for which he was
elected.
Members of the SC and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative
functions.
No member of the Constitutional Commission shall during his tenure, hold
any other office or employment. Applies to Ombudsman and his deputies.
Ombudsman and his deputies shall not be qualified to run for office in the
election immediately succeeding their cessation.
Members of the Constitutional Commission, Ombudsman and deputies
must not have been candidates for any elective position in the election
immediately preceding their appointments.
Members of the Constitutional Commission, Ombudsman and his deputies
are appointed to a term of 7 years, without reappointment.
Spouse and relatives by consanguinity or affinity within the 4 th civil degree
of the President shall not during his tenure be appointed:
As members of the Constitutional Commission
Office of Ombudsman
Secretaries
Undersecretaries
Chairmen/heads
III. DE FACTO OFFICERS
Reputation of being an officer and yet is not a good officer in point of law.
Acted as an officer for such length of time under color of title and under
such circumstances of reputation or acquiescence by the public and public
authorities as to afford a presumption of election/appointment and induce
people to submit to or invoke his action.
Legal Effect
Those that affect the public are valid, binding and with full legal effect.
For the protection of the public.
Elements
validly existing public office
actual physical possession of said office
color of title to the office
by reputation/acquiescence
known and valid appointment/election but officer failed to conform to a
requirement imposed by law
known appointment or election, void (though unknown to public) because:
ineligibility of officer
want of authority of appointing/electing authority
irregularity in appointment/election
known appointment/election pursuant to unconstitutional law, before law
was declared unconstitutional.
Entitlement of Salaries
GR: rightful incumbent of a public office may recover from an officer de
facto the salary received by the latter during the time of his wrongful
tenure, even though he entered into the office in good faith and under color
of title.
Where there is NO DE JURE officer, the officer de facto who in good faith
has had possession of the office and has discharged the duties is legally
entitled to emoluments.
Principle of public policy on which de facto doctrine is based.
IV. COMMENCEMENT OF OFFICIAL RELATIONS
Official relations are commenced:
Appointment
Election
Appointment
selection by the authority vested with the power, of an individual who is to
perform the functions of a given office.
Commission
written evidence of appointment

Designation
imposition of additional duties
Classification
Permanent
Extended to person possessing the requisite qualifications
Security of tenure
Temporary
Acting appointment
May not possess the requisite qualifications for eligibility
Revocable at will, without necessity of just cause or a valid investigation
Acquisition of the appropriate civil service eligibility by a temporary
appointee will not ipso facto convert the temporary appointment into a
permanent one; new appointment is necessary
Appointment to a position in the Career Service of the Civil Service does
not necessarily mean that the appointment is a permanent one depend on
the nature of the appointment which in turn depends on the appointees
eligibility or lack of it.
Acceptance by petitioner of a temporary appointment resulted in the
termination of official relationship with his former permanent position.
Temporary appointment shall not exceed 12 months.
Mere designation does not confer security of tenure person designated
occupies the position only in an acting capacity.
Appointment is subject to conditions, appointment is not permanent.
Appointee cannot claim a complete appointment as long as the reevaluation incidental to the re-organization is still pending.
unless terminated sooner even if co-terminous with the project, it is
nevertheless subject to the appointing authority.
Where temporary appointment is for a FIXED period, appointment may be
revoked only at the expiration of the period OR if before, it must be for a
valid and just cause.
Regular
One made by the President while Congress is in session after the
nomination is confirmed by the Commission on Appointments and
continues until the end of the term.
Ad-interim
Made while Congress is not in session, before confirmation by the
Commission on Appointments, is immediately effective
Ceases to be valid if disapproved or bypassed by COA upon next
adjournment of Congress
Permanent appointment
That it is subject to confirmation, does not alter its permanent character.
Regular and Ad-interim Classification may be used only when referring to
the following:
Heads of Executive Department;
Ambassadors and other Publi Ministers and Consuls
Officers of the AFP, from rank of colonel or naval captain
Officers whose appointments are vested in the President under the
Constitution.
Steps in Appointing Process
For REGULAR Appointments
Nomination by President
Confirmation by COA
Issuance of the Commission
Acceptance by the appointee
AD-INTERIM Appointment
Nomination by President
Issuance of the Commission
Acceptance by the appointee
Confirmation by COA
DO NOT require Confirmation
Appointment by Appointing Authority
Issuance of the Commission
Acceptance by the Appointee
A person cannot be compelled to accept an appointment EXCEPT when the
appointment is made to an office required in defense of the State/
Where appointment is to the CAREER SERVICE of the CIVIL SERVICE,
attestation by the Civil Service Commission is required. Otherwise, not
deemed complete. Appointment not submitted to the CSC w/in 30 days
from the issuance (date appearing on the face of the appointment) shall be
ineffective.
CSC is authorized to check of the appointee possesses the qualifications
and appropriate eligibility; if he does, appointment must be approved; of
not, it is disapproved.

Appointment is complete when the last act required of the appointing

power is performed; until the process is completed, appointee can claim no
vested right in the officer nor claim security of tenure.
Appointment to be valid, position must be vacant.
Discretion of Appointing Authority
Discretionary power and must be performed by the officer in whom it is
vested.
Only condition, appointee must possess the minimum qualifications
requirements prescribed by law.
Appointing authority is in the best position to determine who among the
prospective appointees can effectively discharge the functions of the
position.
Final choice of appointing authority should be respected and left
undisturbed.
Commission may not and should not substitute its judgment for that of the
appointing authority.
Civil Service Law grants career service officers preference in promotion
under the next-in-rank rule, it is not mandatory, appointing authority
should be allowed the choice of men of his confidence provided they are
qualified and eligible.
Provincial, city prosecutor and their assistants appointed by President
upon recommendation of Secretary of Justice (mere advise).
Discretion of appointing authority choice of the person WHO is to be
appointed, NATURE and CHARACTER of appointment.
Judicial Review of Appointments
Appointment generally a political question; as long as appointee possess
minimum qualifications as prescribed by law for the position.
Action for usurpation of office Who claims a valid title to the office.
Jurisdiction of the Civil Service Commission
Disciplinary cases
Cases involving personnel action
Employment status and qualification standard
Recall an appointment initially approved when issued with disregard to
Civil Service Laws, rules and regulations
Approving and reviewing appointments to determine their compliance with
the Civil Service Law
On its own, does not have the authority to terminate employment or drop
members from the roll
Appointments to the Civil Service
Scope: ALL branches, subdivision, instrumentalities and agencies of the
Government, including GOCC with original charter.
Classes of Service
Career Service
Description
Entrance based on merit and fitness, as far as practicable by competitive
examinations
Or based on highly and technical qualifications
Opportunity for advancement to higher career positions
Security of tenure
Includes:
Open Career Service
Prior qualification in an appropriate examination is required
Closed Career Service
Scientific or highly technical
Career Executive Service
Undersecretaries, bureau directors, etc.
Positions in the Armed Forces of the Philippines
Governed by a different merit system
Career Officers
Other than those belonging to Career Executive Service, appointed by
President, e.g. foreign service
Personnel of GOCC w/ original charters
Permanent laborers (skilled, semi-skilled or unskilled)
Career Executive Service
2 requirements to attain security of tenure
Career executive service eligibility
Appointment to the appropriate career executive service rank
Security of tenure pertains only to rank and not to the office or position
Non-Career Service
Description
Entrance on bases other than those of the usual tests utilized for the career
service
Tenure
limited to a period specified by law or
which is co-terminous with that of the appointing authority or
subject of his pleasure or

which is limited to the duration of a particular project for which purpose the
employment was made.
Includes:
Elective officials, personal and confidential staff
Department Heads and officials of Cabinet rank who holds office at the
pleasure of the President, personal and confidential staff
Chairmen and members of commissions/boards w/ fixed terms of office,
personal and confidential staff
Contractual personnel/ those whose employment in government is in
accordance with a special contract to undertake a specific work or job
requiring special or technical skills not available in employing agency, to be
accomplished within a period not exceeding 1 year, under his own
responsibility, with minimum direction and supervision
Emergency and seasonal personnel
Under Administrative Code, the CSC is expressly empowered to declare
positions in the CS as primarily confidential.
Enumeration in the Civil Service decree, which defined the non-career
service is not an exclusive list. Commission can supplement this list.
Coterminous status may be classified as:
co-terminous with project duration of particular project for which
employment was made.
co-terminous with appointing authority tenure of appointing authority or
at his pleasure
co-terminous with incumbent co-existent with appointee, such that after
the latters resignation, separation or termination of the services, the
position shall be deemed automatically abolished.
co-terminous with a specific period for a specific period, upon expiration,
position is deemed abolished.
Requisites
made according to merit and fitness
competitive examination
Exceptions:
policy determining
primarily confidential or
highly technical
In a department, appointing power is vested in the DEPARTMENT
SECRETARY, although it may be delegated to the REGIONAL
DIRECTOR, subject to approval of the Department Secretary.
Principles
Classification of a particular position as policy-determining, primarily
confidential or highly technical amounts to no more than an executive or
legislative declaration that is not conclusive upon the courts, the true test
being the nature of the position
The exemption provided pertains only to exemption from competitive
examination to determine merit and fitness to enter the civil service
Exempt from competitive examination to determine merit and fitness:
Policy-determining
Officer lays down principal or fundamental guidelines or rules
E.g. department head
Primarily confidential
Not only confidence in the aptitude if the appointee for the duties of the
office but primarily close intimacy which ensures freedom of intercourse
without embarrassment or freedom from misgivings or betrayal on
confidential matters of state
NATURE of the position which determined whether a position is primarily
confidential, policy-determining or highly technical
proximity rule can be considered as confidential employee if the
predominant reason why he was chosen by the appointing authority was the
latters belief that he can share a close intimate relationship with the
occupant which ensures freedom of discussion without fear of
embarrassment or misgivings of possible betrayals of personal trust or
confidential matters of the State.
Where the position occupied is remote from that of the appointing
authority, the element of trust between them is no longer predominant, and
cannot be classified as primarily confidential.
Highly technical requires possession of technical skill in a superior
degree.
Legal counsel of PNB
City Legal Officer
City Attorney
Security Council and Security Guards of the City Vice Mayor
Other Personnel Action
Promotion
Appointment through Certification
Transfer
Reinstatement

Detail
Reassignment
Reemployment
Promotion
Movement from one position to another with increased duties and
responsibilities as authorized by law
Usually accompanied by an increase in pay.
Next-in-rank Rule
The one who is next in rank is given preferential consideration
Does not mean that he alone can be appointed
Appointing authority is required to state the special 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. Affected persons are entitled to payment of
salaries for services rendered at a rate fixed in their promotional
appointments.
Requisites:
series of promotions
all promotional appointments are simultaneously submitted to the
Commission for approval
Commission disapproves the appointment of a person to a higher position
Appointment through Certification
Issued to a person who has been selected from a list of qualified persons
certified by the CSC from an appropriate register of eligibles and who
meets the qualifications prescribed for the position.
Transfer
Movement from one position to another which is of equivalent rank, level
or salary without break in service.
May be imposed as an administrative penalty.
Unconsented transfer violates security of tenure.
Career Executive Service personnel can be shifted from one office to
another without violating their right to security of tenure, because salary
and status is based on their ranks and not on the positions to which they are
assigned.
Reinstatement
Has been permanently appointed in the career service and who has, through
no delinquency of misconduct, been separated may be reinstated to a
position in the same level for which he is qualified.
Acquisition of civil service eligibility is not the sole factor for the
reappointment. Other factors should be considered: performance, degree of
education, work experience, training, seniority and enjoys confidence and
trust of the appointing power.
Not subject to application for a writ of mandamus.
Issuance of new appointment which is discretionary
Exercise of discretionary power cannot be controlled by the courts, as long
as properly exercised
Forfeited his right to public office because of conviction of a crime, but was
extended plenary pardon CANNOT by reason of pardon demand
reinstatement as a matter of right.
Exception:
Sabello vs. DECS considerations of justice and equity
Garcia vs. Chairman, Commission on Audit person given pardon because
he did not truly commit the offense; the pardon relives him from all
punitive consequences of his criminal act thereby restoring him to his clean
name, good reputation and unstained character prior to his finding of guilt.
Detail
Movement of an employee from one agency to another without the issuance
of an appointment
Allowed only for a limited period of time in the case of employees
occupying professional, technical and scientific positions
Temporary in nature
Reassignment
Reassigned from one organizational unit to another in the same agency
Not involve reduction in rank, status or salary
Management prerogative vested in the CSC, any department or agency
embraced in Civil Service
Does not constitute removal without cause
Should have definite date and duration.
Lack of specific duration is tantamount to floating assignment thus a
dimunition in status or rank.
Reemployment

Names of persons who have been appointed permanently to positions in the

career service and who have been SEPARATED as a result of
REDUCTION in force and/or REORGANIZATION, shall be entered in a
list from which selection for reemployment shall be made
Separated not for a cause but as a result of reorganization separation pay
+ retirement and other benefits; in lieu of separation pay, may be
considered for employment (Proclamation No. 3)
V. POWERS AND DUTIES OF PUBLIC OFFICERS
Authority of Public Officers
Expressly conferred upon him by the ACT appointing him
Expressly ANNEXED to the office by LAW
Attached to the office by COMMON LAW as incidents to it
Doctrine of Necessary Implication all powers necessary for the effective
exercise of the express powers
Authority can be exercised only during the term when the public officer, is
by law, invested with the rights and duties of the office.
Ministerial and Discretionary Powers
Ministerial discharge by officer is imperative and requires neither
judgment nor discretion; exercise of which may be compelled
Discretionary imposed by law upon a public officer; officer has the right
to decide how and when the duty shall be performed; mandamus will not lie
to compel performance
Exception: when mandamus will lie:
GAD
manifest injustice
palpable excess of authority equivalent to a denial of settled rights
no other plain, speedy or adequate remedy
writ may issue to compel the exercise of discretion but not the discretion
itself
Courts may review exercise of discretion, to determine if there has been
GAD amounting to lack or excess of jurisdiction
Judgment judicial functions; determination of a question of law; only one
way to be right
Discretion, may decide the question either way and still be right; limited to
the evident purpose of the act
Duties of Public Officer
Constitutional Duties
To be accountable to the people
To serve them with utmost responsibility, loyalty and efficiency
To act with patriotism and justice
To lead modest lives
To submit a declaration under oath of his assets, liabilities and net worth
upon assumption of office and as often as may be required
To owe the State and Constitution allegiance at all times
SOLGEN represent government and its offices EXCEPT criminal cases
and civil cases for damages arising from felony.
Prohibitions
Partisan political activity or taking part in any election except to vote
Except:
those holding political offices
cabinet members
Additional or double compensation
Prohibition against loans
Limitation on laborers
Not assigned to clerical duties
Detail or reassignment
w/in 3 months before any election without approval of COMELEC
Nepotism
Appointments made in favor of a relative of the appointing or
recommending authority or of the chief of the bureau or office or of the
person exercising immediate supervision over him.
All appointments.
Relative: those related within the 3rd civil degree by consanguinity or
affinity
Exemption:
confidential capacity
teachers
physicians
members of the Armed Forces
* full report of appointment shall be made to the Commission
VI. LIABILITY OF PUBLIC OFFICERS
General Rule on Liability

A public officer is not liable for injuries sustained by another as a

consequence of official acts done within the scope of his official authority,
except as otherwise provided by law.
Not civilly liable for acts done in official capacity UNLESS bad faith,
malice, negligence
Liable for willful or negligent acts done by him which are contrary to
morals, law public policy and good customs EVEN if he acted under
instructions of his superiors.
Local governments are not exempt from liabilities for DEATH or INJURY
to persons or DAMAGE to property.
Statutory Liability
Article 27, CC refuses or neglects without just cause to perform his
official duty, whereby a person suffers moral or material loss; without
prejudice to administrative disciplinary sanction
Article 32, CC liability of public officer for violation of constitutional
rights
Article 34, CC liability of peace officer who fails to respond or give
assistance to persons in danger of injury to life or property
w/o just cause. Neglects to perform a duty within a period fixed by law or
regulation or within a reasonable period if none is fixed
Liability on Contracts
personally entered without or exceeded his authority
Liability for Tort
personally beyond the scope of his authority or exceeds power conferred
upon him; ultra vires or where there is bad faith
Presidential Immunity from Suit
during tenure of the President
After his tenure, cannot invoke immunity from suit for civil damages
arising out of acts done by him, while he was president which were not
performed in the exercise of official duties.
Not prevented from instituting suit.
Threefold Liability Rule
Wrongs acts or omissions of a public officer may give rise to civil, criminal
and administrative liability.
Action for each can proceed independently
Dismissal of one does not foreclose action for others. difference in
quantum of evidence
Liability of Minsiterial Officers
Nonfeasance neglect or refusal to perform an act which is the officers
legal obligation
Misfeasance failure to exercise that degree of care, skill and diligence in
the performance of official duty
Malfeasance doing, through ignorance, inattention or malice of an act
which he had no legal right to perform.
Command Responsibility
Head of a department or a superior officer shall not be civilly liable for the
wrongful acts, omission of duty, negligence or misfeasance of his
subordinates, UNLESS he has actually authorized by written order the
specific act or misconduct.
VII. RIGHTS OF PUBLIC OFFICERS
Right to Office
Right to Salary
Right to Preference in Promotion
Right to Vacation and Sick Leave
Right to Maternity Leave
Right to Retirement Pay
Right to reimbursement for expenses incurred in due performance of duty
Right to be indemnified against any liability
Right to longevity pay
Right to Office
Just and legal claim to exercise the powers and the responsibilities of the
public office.
Term vs. Tenure
Term: period during which the officer may claim to hold the office as a
matter of right.
Tenure: period during which the officer actually holds office.
Right to Salary
Salary personal compensation to be paid to the public officer for his
services
Generally a fixed or periodical payment depending on the time and not on
the amount of the services he may render.
Distinguished from wages:

Salaries are given to officers of higher degree of employment than those

given wages.
Salary is compensation per annum. Wages are paid day by day or week by
week.
Basis:
legal title to the office
law attaches compensation to the office
Right of de facto officer to compensation when there is no de jure and de
facto officer, who in good faith has possession of the office and has
discharged the duties.
Salary cannot be garnished nor subject to attachment or order of execution
before being paid to him to answer for the payment of his debts.
Public policy also prohibits the assignment of unearned salaries
Agreements affecting compensation are void as contrary to public policy.
Compensation, allowances and other benefits granted without the approval
of the DBM are unauthorized and irregular.
Constitutional provisions affecting salaries:
no increase in salaries of members of Congress shall take effect until after
the expiration of the full term of the Members of the Senate and HofRep
who approved he increase.
Salaries of President and VP shall be fixed by law and sjall not be
decreased during their tenure. No increase, until after expiration of the
incumbent during which increase was approved.
Salary of members of the Judiciary shall not be decreased during their
continuance in office; income tax is not unconstitutional dimunition.
Additional, double or indirect compensation are prohibited.
Standardization of compensation.
Separation pay to career Civil Service employees who are separated from
service not for cause but by reason of reorganization.
Preventive Suspension and the Right to Salary
Preventive Suspension pending investigation
Preventive Suspension pending appeal
If the penalty imposed is suspension or dismissal and after review, he is
exonerated no right to compensation during preventive suspension even
pending investigation
It is not enough that he is exonerated; it must be shown that suspension is
unjustified
Justified if charged with:
dishonesty
oppression
grave misconduct
neglect of duty
Gloria vs. Court if Appeals entitled not only to reinstatement but also to
back wages for the period of preventive suspension pending appeal.
Because preventive suspension pending appeal is actually PUNITIVE.
Award should not exceed equivalent of 5 years pay at the rate last received
before suspension was imposed.
If his conviction is affirmed, the period of his suspension becomes part of
the final penalty of suspension.
Right to back salaries of illegally dismissed employees
Illegally dismissed government employees who is later ordered reinstated is
entitled to back wages and other monetary benefits from the time of his
illegal dismissal up to his reinstatement.
no work, no pay not applicable
Note: Balitaosan vs. Secretary, DECS: reinstatement was not the result of
exoneration but an ACT OF LIBERALITY of the CA, the claim for back
wages was not allowed. Thus the general rule that a public official is not
entitled to compensation if he has not rendered any service was applied.
No right to back wages if NOT EXONERATED and NOT
UNJUSTIFIABLY SUSPENDED
Right to additional allowance and benefits
LGUs may provide additional allowances and benefits to national
government officials assigned or stationed in their municipality or city.
Not without limitations.
Right to Preference in Promotion
Right does not prevail over discretion of appointing authority.
Right to Vacation and Sick Leave
Sec 81, RA 7160 (LGC) Elective local officials shall be entitled to the
same leave privileges as those enjoyed by appointive local officials,
including the cumulation and commutation.
Entitled to commutation of all leave credits without limitation and
regardless of the period when the credits were earned, provided the
claimant was in the service as of January 9, 1986.
Government employees are not required to work on Saturdays, Sundays
and holidays.
Right to Maternity Leave

Right to Retirement Pay

Retirement laws are liberally construed in favor of the retiree.
Money value of the terminal leave of a retiring government official shall be
computed at the retirees highest monthly pay.
Judiciary extension if satisfied that the career was marked by competence,
integrity and dedication to the public service.
A reserved officer who successfully rendered a total of 10 years continuous
active commissioned military service shall not be reverted to inactive
service except for cause or upon his own request. Covered by compulsory
membership in the GSIS.
Totalization of service credits is only resorted to when the retiree does not
qualify for benefits in either or both of the systems.
Right to reimbursement for expenses incurred in due performance of duty
Right to be indemnified against any liability which they may incur in the
bona fide discharge of their duties.
Right to longevity pay
VIII. TERMINATION OF OFFICIAL RELATIONSHIP
Modes of Terminating Official Relationship
Expiration of term or tenure
Reaching the age limit
Resignation
Recall
Removal
Abandonment
Acceptance of an Incompatible Office
Abolition of Office
Prescription of the Right to Office
Impeachment
Death
Failure to Assume Elective Office w/in 6 months from proclamation
Conviction of a Crime
Filing of Certificate of Candidacy
Expiration of term or tenure
Courtesy resignation during the EDSA Revolution expiration of term;
entitled to retirement benefits
Termination presupposes an overt act committed by a superior officer
Commencement of Term of Office
statute fixes a period upon qualification
no time is fixed by law date of appointment/election
law fixing the term is ambiguous one that fixes the term at the shortest
period should be followed
both duration of the term of office and the time of its
commencement/termination are fixed by constitutional or statutory
provision person appointed or elected for vacancy shall hold the same
only for the unexpired portion
only the duration is fixed, no time is fixed for beginning or end person
selected to fill the vacancy may serve the full term and not merely the
unexpired balance of the prior incumbents term
office is created/officer appointed for the purpose of performing a single act
or accomplishment of a given result office terminates and the authority
ceases with the accomplishment of the purposes which called it into being.
Principle of Hold-Over: public officer is entitled to hold his office until his
successor shall have been duly chosen and shall have qualified. Purpose is
to prevent hiatus in public service.
Legislative intent of not allowing hold-over must be clearly expressed or at
least implied in the legislative enactment, otherwise, it is reasonable to
assume that the law-making body favors the same.
Article 237, RPC which penalizes public officer who shall continue to
exercise the duties and powers of the office beyond the period provided by
law.
During this period, de jure officer
Where the law fixes a specific sate for the end of the term implied
prohibition against hold-over
Reaching the age limit
Compulsory Retirement Age
70 for members of judiciary
65 for other government officers or employees
Special Retirement Laws: RA 1616 allows optional retirement after an
officer has rendered a minimum number of years of government service,
when availed of by the public officer, will result in the termination of
official relationship through reaching the age limit or retirement.
Resignation

Act of giving up or the act of a public officer by which he declines his

office and renounces the further right to use it.
Intention to surrender, renounce, and relinquish the office and the
acceptance by competent and lawful authority
Voluntariness when procured by fraud, may be invalidated
Courtesy resignation lacks the element of voluntariness and therefore is not
a valid resignation.
Need for Acceptance not complete until accepted by competent authority
Article 238, RPC penalizes any public officer who, before the acceptance of
his resignation, abandons his office to the detriment of the public service.
If the public officer is mandated by law to hold-over, the resignation, even
if accepted, will not be effective until after appointment/election of his
successor.
Accepting Authority RA 7160, officers authorized to accept resignation:
President governor, vice-governor, mayor and vice-mayor f highly
urbanized cities and independent component cities
Governor municipal mayors and vice-mayors, city mayors and vicemayors of component cities
Sanggunian sanggunian members
City or municipal mayor barangay officials
Resignation deemed accepted if not acted upon w/in 15 days from receipt
Resignation by Sanggunian members shall be deemed accepted upon:
presentation before an open session of the sanggunian concerned
duly entered in its record
EXCEPT where sanggunian members are subject to recall elections or to
cases where existing laws prescribe the manner of acting upon such
resignation
If the law is silent on who shall accept:
appointive officer resigns appointing authority
elective officer resigns officer authorized by law to call an election in
order to fill the vacancy
President and VP Congress
Members of Congress respective Houses
Effective Date of Resignation
Date specified in the tender
No date specified public officer receives notice of the acceptance NOT the
date of the letter or notice of acceptance
Recall
Termination of official relationship of an elective official for loss of
confidence prior to the expiration of his term through the will of the
electorate.
By Whom: registered voters of a LGU to which such local government
official belongs
Initiation of the Recall Process: registered voters of the LGU
Procedure for Initiating Recall
initiated upon petition by at least 25% of the total number of registered
voters in the LGU
written petition
duly signed before the election registrar/representative
in the presence of a representative of the petitioner
representative of the official
in a public place, in the province, city, municipality or barangay
filed with the COMELEC through its office in the LGU concerned
COMELEC shall cause the publication of the petition
In a public and conspicuous place
Period not less than 10 days nor more than 20 days
Purpose of verifying the authenticity and genuineness of the petition and
required percentage of voters
Lapse of the period, COMELEC or its duly authorized representative, shall
announce the acceptance of candidates to the position and prepare list of
candidates, including the name of the official sought to be recalled.
Election on Recall
Upon filing of a valid petition, COMELEC shall set date for the election on
recall
Not later than 30 days after the filing of the resolution/petition in the case
of barangay/city/municipal officials
Not later than 45 days in the case of provincial officials
Officials sought to be recalled, automatically considered as registered
candidate.
Effectivity of Recall
Recall of an elective official shall be effective upon the election an
proclamation of a successor.
If the official sought to be recalled receives the highest number of votes
confidence in him is affirmed and he shall continue in office
Prohibition from Resignation
Limitation on Recall
any elective official may be subject of a recall election once during his term
of office for lack of confidence

no recall shall take place within one year from the date of the officials
assumption to office or one year immediately preceding a regular local
election
Sangguiniang Kabataan election is not a regular election;
Not barred by barangay election
Approaching local election must be one where the position of the official to
be recalled is actually contested and to be filled by the electorate
Removal
Constitutional Guarantee of Security of Tenure not removed or suspended
except for causes provided by law
Career service officers and employees causes enumerated in law and in
accordance with procedure prescribed
Removal not for just cause or non-compliance with prescribed procedures
reversible, reinstatement with back salaries and without loss of seniority
rights
Demotion is tantamount to unlawful removal is NO CAUSE is shown or it
is NOT PART OF DISCIPLINARY ACTION
Unconsented transfer resulting in demotion in rank or salary is tantamount
to removal without just cause.
A transfer that results in promotion or demotion, advancement or reduction
or a transfer that aims to lure the employee away from his permanent
position, cannot be done without the employees consent, for that would
constitute removal from office.
No permanent transfer can take place unless the officer or employee is first
removed from the position held, and then appointed to another position.
Some cases on Grounds for Disciplinary Action:
Dishonesty concealment or distortion of truth in a matter of fact relevant
to ones office or connected with the performance of his duty; e.g. use of
fake or spurious civil service eligibility
Conduct prejudicial to the best interest of the service
Misconduct transgression of some established and definite rule of action;
wrongful intention
Administrative Code of 1987: 1) Unsatisfactory conduct and 2) Want of
capacity
Civil Service Law: inefficiency and incompetence in the performance of
official duties
Poor performance falls within the concept of inefficiency and incompetence
Inefficiency and incompetence can only be determined after the passage of
sufficient time, hence, the probationary period of 6 months.
Poltical or non-career members of the Foreign Service is coterminous with
that of the appointing authority or subject to his pleasure
Holding primarily confidential positions continue in office as long as the
confidence in them endures; termination is justified on the ground of lack
of confidence removal: expiration of term
Holding temporary or acting appointments may be removed at any time,
without necessity of just cause or a valid investigation.
Procedure in Administrative Case
Administrative case against a public official shall continue despite
withdrawal of the complaint since they do not involve purely private
matters but are impressed with public interest by virtue of the public
character of the public office.
Substantial proof and not clear and convincing evidence or proof beyond
reasonable doubt is sufficient.
Satisfied when the employer has reasonable ground to believe that the
employee is responsible for the misconduct and his participation renders
him unworthy of trust and confidence demanded by his position.
Jurisdiction in Disciplinary Cases
Heads of ministries, agencies and instrumentalities, provinces, cities and
municipalities have jurisdiction to investigate and decide matters involving
disciplinary action against officers and employees under their jurisdiction.
Decision final in case the penalty imposed is suspension of not more than
30 days or fine in an amount not exceeding 30 days salary.
Other cases, decision shall be initially appealed to the department head and
finally to the Civil Service Commission and pending appeal, shall be
executory EXCEPT when the penalty is removal, in which case it shall be
executory only after confirmation by the department head.
Committee to hear administrative charge against public school teacher
representative of the teachers organization
Civil Service Commission has appellate jurisdiction. Case may be filed
directly to it; it may decide on the case or deputize a department or agency
Preventive Suspension
The proper disciplining authority may preventively suspend any
subordinate officer or employee under his authority pending an
investigation if the charge against such officer or employee involves 1)
dishonesty, 2) oppression or grave misconduct or 3) neglect in the
performance of duty or 4) if there is reason to believe that the respondent is
guilty of charges which would warrant his removal from the service.
Not a penalty. Enable authorities to investigate.

If the investigation is not finished and a decision is not rendered within a

period of 90 days, the suspension will be lifted and the respondent will
automatically be reinstated.
If after investigation, he is innocent of the charges and is exonerated, he
should be reinstated.
Preventive suspension can be ordered even without a hearing.
Authority to preventively suspend: exercised concurrently by the
Ombudsman
RA 6770: 6 months
Court may validly order the preventive suspension of officer (since removal
of office is within the power of the Courts)
Back salary is not warranted when the immediate execution of the order of
dismissal is justified.
Appeal
Made within 15 days from receipt of the decision
UNLESS a petition for reconsideration is filed, which shall be decided
within 15 days
Petition for Reconsideration 3 grounds only:
New evidence has been discovered which materially affects the decision
Decision is not supported by evidence on record
Error of law or irregularities have been committed which are prejudicial to
the interest f the respondent
From resolution of the CSC, file a petition for certiorari R65 w/in 30 days
from receipt of copy of the resolution
Summary Dismissal
RA 6654
Removal of Administrative Penalties or Disabilities
Meritorious cases, upon recommendation of the CSC
President may commute or remove administrative penalties or disabilities
imposed upon officers or employees in disciplinary cases
Subject to terms and conditions he may impose in the interest of the service
Abandonment
Voluntary relinquishment of an office by the holder with the intention of
terminating his possession and control
Species of resignation
Resignation is formal relinquishment
Abandonment is voluntary relinquishment through non-user
Non-user neglect to use a privilege or a right or to exercise an easement
or an office
A person holding an office may abandon such office
Non-user
Acquiescence
Non-performance does not constitute abandonment when:
Temporary disability
Involuntary failure to perform
Public officer vacates office in deference to the requirements of a statute
which is afterwards declared unconstitutional, such surrender will not be
deemed abandonment.
Mere delay in qualifying for an office is not abandonment
But failure to assume office w/in 6 months fro proclamation, without just or
valid cause, shall have the effect of vacating the office.
Automatically separated if he fails to return to the service after the
expiration of 1-year leave of absence without pay.
Absent for at least 30 days without approved leave are considered on
Absence Without Leave (AWOL) and shall be dropped from the service
after due notice.
Granting or approval of leaves discretionary on the head and depends
upon the needs of the service
Failure to make courtesy call to ones superior is not an offense, much less
a ground to terminate employment.
Acceptance of an Incompatible Office
Test of Incompatibility
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
Acceptance of incompatible office ipso facto vacates the other. There is no
necessity for any proceeding to declare or complete the vacation of the first.
Canonizado vs. Aguirre no incompatibility; though accepted latter, he
continued to pursue legal remedies to recover the first from which he was
ousted by a law later to be declared unconstitutional.
Exception: when authorized by law to accept the other office.
Abolition of Office
Power of legislature to abolish an office Congress; even during the term
for which an existing incumbent may have been elected
Constitutional offices cannot be abolished
No law shall be passed reorganizing the Judiciary, when it undermines
security of tenure

Valid abolition of office does not constitute removal of incumbent

Legal competence if the city council to create, consolidate and reorganize
city offices and positions wholly supported by local funds
Requisite for Abolition of Office
Made in good faith
Clear intent to do away with the office
Cannot be implemented in a manner contrary to law
Reorganization of Government Offices
Constitutional recognition of authority to reorganize: promotion of
simplicity, economy and efficiency is the usual standard.
No violation of due process even if no hearing was conducted in the matter
of reorganization of DBP, as long as employee was given a chance to
present evidence.
Removal of employees pursuant to guidelines in EO116, reorganization of
Dept. of Agriculture
Existence of case for summary dismissal
Probable cause for violation of RA 3019
Gross incompetence or inefficiency
Misuse of public office for partisan political activities
Analogous grounds showing that incumbent is unfit to remain in office
Reorganization must meet the common test of good faith.
PD1416: grants the President the continuing authority to reorganize the
national government, which includes the power to group consolidate
bureaus and agencies, to abolish offices, to transfer functions, to classify
and create functions, services and activities and to standardize salaries and
materials.
Prescription of the Right to Office
Petition for reinstatement after illegal ouster or dismissal OR recovery of
public office w/in 1 year from the date petitioner is illegally ousted.
Exception: strong, compelling and special circumstances
Cristobal vs. Melchor: on grounds of equity
Reason: title to public office should not be subject to continued uncertainty;
should be determined as speedily as possible.
Filing of an action for administrative remedy does NOT suspend the period
for filing the appropriate judicial proceeding (quo warranto); 1 year period
runs even during pendency of a motion for reconsideration.
Impeachment
Death
Renders office vacant.
Failure to Assume Elective Office w/in 6 months from proclamation
Unless failure is for a cause or causes beyond his control
Conviction of a Crime
Penalty imposed upon conviction carries with it the accessory penalty of
disqualification, conviction by final judgment automatically terminates
official relationship.
Plenary pardon extinguished the accessory penalty of disqualification, it
will not restore the public office to the officer convicted;
He must be given a new appointment.
Filing of Certificate of Candidacy
Any person holding a public appointive office or position,
Including active members of the AFP
And officers and employees in GOCCs
Shall be considered ipso facto RESIGNED upon filing of certificate of
candidacy.
Applies even to employees of GOCCs without an original charter
GENERAL PRINCIPLES
International Law, defined
Traditional branch of public law which regulates the relations of States
and of other entities which have been granted international personality.
Focuses on SUBJECTS (entities which possess international personality
and with rights and obligations recognized under international law)
as opposed to OBJECTS (which are persons or things in respect of which
rights are held and obligations assumed by the subjects of international law)
Modern law that deals with the conduct of States and international
organizations, their relations with each other and, in certain circumstances,
their relations with persons, natural or juridical.
Basis of International Law
Law of Nature School
There is a natural and universal principle of right and wrong, independent
of mutual intercourse or compact, which can be discovered and recognized
by every individual through the use of his reason and conscience.
Since individuals compose the State whose will is but the collective will of
the inhabitants, the State also becomes bound by the law of nature.

Positivist School
Binding force of international law is derived from the agreement of the
States to be bound by it.
International law is not a law of subordination but of coordination.
Eclectic or Grotian School
In so far as it conforms to the dictates of right reason, the voluntary law
may be said to blend with the natural law and is an expression of it.
In case of conflict, the natural law prevails, being the more fundamental
law.
Public International Law distinguished from:
Private International Law

Nature
Remedies
Parties
Enforcement

Public International
Law
International
International Modes
International Entities
International Sanction

Private
International
Law
Municipal
Local Tribunals
Private Persons
Sheriff/Police

International Morality/Ethics Principles which governs relations of States

from the standpoint of conscience, morality, justice and humanity.
International Comity Rules of politeness/courtesy observed by States in
relations with other States
International Diplomacy Objects of international policy and the conduct
of foreign affairs
International Administrative Law Body of laws which regulate the
relations and activities of national and international agencies with respect to
theor material and intellectual interests which have received international
recognition.
International Law as true law
Although it does not comply with John Austins concept of law (enforced
by sovereign political authority), it is still true law.
Application, Enforcement and Compliance
Weakened compliance:
lack of central law-making authority
debilitating jurisdictional defects
balanced by the risk of political/economic retaliations and other sanctions:
public opinions
retorsions
UN machinery
conviction that obedience will redound to the public good
Relationship with Municipal Law
Monist no substantial distinction
Dualist
Municipal Law
Issued by a political superior for
observance by those under its
authority.
Enactments of the law-making
authority
Regulates relations of individuals
among themselves
Violations are redressed through
local judicial and administrative
processes
Breaches
entail
individual
responsibility

International Law
Not imposed but adopted by states
as a common rule of action.
Derived from such sources as:
international customs,
conventions or
general principles of law
Applies to relations between states
and international persons
Resolved through state-to-state
transactions
Collective responsibility

Incorporation
Doctrine of Incorporation (Section 2, Article II) - adopts the generally
accepted principles of international law as part of the law of the land
Although Philippines was not a signatory to the Hague and Geneva
Conventions, international jurisprudence is automatically incorporated in
Philippine law, making WAR CRIMES punishable in the Philippines.
(Kuroda vs. Jalandoni)
Prolonged detention of stateless aliens pending deportation was deemed
illegal incorporating Universal Declaration of Human Rights (Borovsky vs.
Commissioner of Immigration)
Transformation
Doctrine of Transformation requires the enactment by the legislative body
of such international law principles as are sought to be part of municipal
law.
protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature taken from the
Universal Declaration of Human Rights and the Alma Conference

Declaration of 1978, which recognizes health as a fundamental human

right.
LLDAs authority to issue cease and desist order doctrine of necessary
implication
Conflict Between International Law and Municipal Law
On the domestic sphere, with local court deciding:
If in conflict with CONSTITUTION Consti prevails
SC has the power to declare a treaty/executive agreement unconstitutional
Where Consti is the highest law of the land, both statutes and treaties may
be invalidated if they are in conflict with the Consti
If in conflict with STATUTE
Doctrine of Incorporation decrees that rules of international law are given
equal standing with national legislative enactments, not superior.
Treaty may repeal a statute, a statute may repeal a treaty principle of lex
posterior derogate priori , that which comes last in time will usually be
upheld by the municipal tribunal
Retail Trade Nationalization Law prevails over the Treaty of Amity with
China and the Universal Declaration of Human Rights former passed in
the exercise of police power of the State.
On the international sphere, with an international tribunal deciding:
International law is superior to municipal law because international law
provides the standard by which to determine the legality of a States
conduct.
Sources of International Law
On domestic sphere
Constitution
Legislative Enactments
Case Law (stare decisis)
On international law problem because:
no national legislature
no fundamental law
doctrine of precedents is not applicable
Note: Article 38, Statute of International Court of Justice
Courts whose function is to decide in accordance with International Law
such disputes as are submitted to it, shall apply:
As PRIMARY SOURCES
International Treaties and Conventions
General or particular
Establishing rules expressly recognized by the contesting states.
International Customs
Evidence of general practice, accepted as binding law through persistent
usage over a long period of time
Custom be:
prevailing practice by a number of states
repeated over a considerable period of time
attended by opinion juris or a sense of legal obligation
General Principles of Law
Rules derived mainly from natural law, observed and recognized by
civilized nations.
e.g. res judicata, prescription, pacta sunt servanda, estoppel
As SECONDARY SOURCES
Judicial Decisions
Generally of international tribunals.
Most authoritative: ICJ
NOT really sources, but subsidiary means for finding what the law is and
whether a norm has been accepted as a rule of international law.
Decision of a national court may be used depending upon the prestige and
perceived impartiality of the domestic court, not being in conflict with the
decisions of international tribunals and its admissibility in the forum where
it is cited.
Writings of publicists
fair and unbiased representation of international law
by acknowledged authorities in the field
Interpretation of Article 38
although silent, by practice, hierarchy is:
treaties
customs
general principles of law
Exception: Principle of Jus Cogens
Customary international law which has the status of a peremptory
(absolute, uncompromisisng, certain) norm of international law.
A peremptory norm is a norm accepted and recognized by the international
community of states as a rule, from which no derogation is permitted and
which can be modified only as a subsequent norm having the same
character.
Example: slave trade, piracy and terrorism
II. SUBJECTS OF INTERNATIONAL LAW

Distinction Between Subject and Object of International Law

Subject
Entity that has rights and responsibilities under international law.
Proper party in transactions involving the application of the law of nation
among members of the international community.
Object
Person or thing in respect of which rights are held and obligations assumed
by the subject.
It is not directly governed by the rules of international law.
Its rights are received, and its responsibilities imposed, indirectly through
the instrumentality of an international agency.
Subjects of International Law
states
colonies and dependencies
mandates and trust territories
Holy See
United Nations
belligerent communities
international administrative bodies
individuals
States
group of people living together in a fixed territory,
organized for political ends
under an independent government
and capable of entering into international relations with other states.
Elements of a State
People
Group of individual, of both sexes, living together as a community.
Sufficient in number to maintain and perpetuate themselves.
Casual gathering or a society of pirates would NOT constitute a state.
Territory
Fixed portion on the earths surface occupied by the inhabitants.
Government
Organized, exercising control over and capable of maintaining law and
order within the territory.
Can be held internationally responsible for the acts of the inhabitants.
Identity of the state is not affected by changes in government.
Independence or Sovereignty
Freedom from outside control in the conduct of its foreign and internal
affairs.
Other Suggested Elements:
Civilization
Recognition
Act by which a state acknowledges the existence of another state, a
government, belligerent community and indicates its willingness to deal
with the entity as such under international law.
Theories on Recognition
Constitutive (Minority View)
Recognition is the act which constitutes the entity into an international
person.
Recognition is compulsory and legal.
It may be compelled once the elements of the state are established.
Declarative (Majority View)
Recognition merely affirms an existing fact, like possession of the state of
the essential elements.
Discretionary and political.
Basic Rules on Recognition
Political act.
A matter of policy on the part of each state
Discretionary on the part of the recognizing authority.
Exercised by the political (executive) department of the state.
Legality and wisdom of recognition is not subject to judicial review.
Requirements for Recognition of Government
Government is stable and effective
With no substantial resistance to authority
show willingness and ability to discharge its international obligation
government must enjoy popular consent or approval of the people
Tobar/Wilson Doctrine
Precludes recognition of any government established by revolutionary
means until constitutional reorganization by free election of representatives.
Stimson Doctrine
No recognition of a government established through external aggression.

Estrada Doctrine
Recognition has been construed as approval and non-recognition as
disapproval, of a government established through upheaval, a state may not
issue a declaration giving recognition to such government, but merely
accept whatever government is in effective control without raising the issue
of recognition. Dealing or not dealing with the government is not a
judgment on the legitimacy of the said government.
Kinds of Recognition
De Facto
Some of the requirements for recognition are absent.
Recognition generally provisional
Limited to certain juridical relations and it does not bring about full
diplomatic intercourse
Does not give titles to assets of the state held or situated abroad
De Jure
Requirements for recognition are fulfilled
When there is no specific indication, recognition is generally considered de
jure
Relatively permanent
Full diplomatic intercourse
Diplomatic immunities
Confers titles to assets abroad
Express
Implied
Effects of Recognition
Diplomatic relations
Right to sue in the courts of the recognizing state
Immunity from jurisdiction
Entitlement to property within the recognizing state
Retroactive validation of the acts of the recognized state/government
Conditions for Recognition of Belligerency
organized civil government having control and supervision over the armed
struggle
serious and widespread struggle with outcome uncertain
occupation of a substantial portion of the national territory
willingness on the part of the rebels to observe the rules/customs of war
absence of any will result merely in insurgency, which is rarely recognized
recognition may either be express or implied
examples of implied: proclamation by the parent state of a blockade of a
port held by the rebels or proclamation of neutrality by a third state
Effects of Recognition of Belligerency
Responsibility for the acts of rebels resulting in injury to nationals of the
recognizing state shall be shifted to the rebel government
Legitimate government recognizing the rebels shall observe the laws of war
in conducting hostilities
3rd states recognizing the belligerency shall maintain neutrality
recognition is only provisional and for the purpose of the hostilities
Creation of States
accretion of independence
agreement
attainment of civilization
revolution
unification
succession
Extinction of States
extinction
emigration en masse of its population
loss of territory
overthrow of government resulting in anarchy
Principle of State Continuity
The state continues as a juristic being notwithstanding changes in the
circumstances, provided only that such changes do not result in the loss of
any of its essential elements.
Succession of States
Kinds:
Universal
Partial
Effects:
Political laws are abrogated while municipal laws remains in force
Treaties are discontinued except those dealing with local rights and duties
All rights of the predecessor state are inherited
Successor state can assume and reject liabilities in its discretion
Conquered state has no personality in international law.

Succession of Government
Integrity of the State is not affected
State continues as the same international person except that its lawful
representative is changed
Consequences of Succession of Government
all rights of the predecessor government are inherited by the successor
where the new government was organized by virtue of a constitutional
reform duly ratified in a plebiscite, all obligations of the predecessor are
likewise assumed
where the new government is established through violence, the new
government may lawfully reject purely personal political obligations of the
predecessor but not those obligations contracted by it in the ordinary course
of official business
Classes of States
Independent freedom to direct and control foreign relations without
restraint from other states
Simple single central government with power over internal and external
affairs.
Composite 2 or more sovereign states joined together to constitute one
international person
Real Union
2 or more states are merged under a unified authority so that they form a
single international person through which they act as one entity.
State retains their separate identities.
Respective international personalities are extinguished and blended in the
new international person.
Federal Union
Dependent theoretically a state, but does not have full freedom in the
direction of its external affairs
Protectorate established at the request of a weaker state for the protection
by a strong power
Suzerainty result of a concession from a state to a former colony that is
allowed to be independent subject to the retention by the former sovereign
of certain powers over external affairs of the latter.
Neutralized independence and integrity are guaranteed by an international
treaty on the condition that such states obligates itself never to take up arms
against any other state (except in self-defense) or to enter into an
international obligation as would indirectly involved it in war.
Vatican City and the Holy See
Has all the constituent elements of statehood.
Has all the rights of a state.
The Holy See is an international person with which the Philippines had
diplomatic ties until 1957.
Colonies and Dependencies
Colony dependent political community consisting of a number of citizens
of the same country who migrated to inhabit another country, but remain
subject to the mother state.
Dependency territory distinct from the country in which the supreme
power resides, but belongs rightfully to it, and subject to the laws and
regulations which the sovereign may prescribe.
NOTE: Theoretically, they belong to the parent state and are without any
personality. However, on occasions, colonies have been allowed to
participate in their own right to certain international undertaking.
Territories under International Control or Supervision
Non-self-governing territories which have been placed under international
supervision or control to insure their political, economic, social and
educational advancement.
Mandates: former territorial possession of states defeated in World War and
placed under control of the League of Nations
Many of these mandates became trust territories which are placed under the
Trusteeship Council of the United Nations.
Condominium territory jointly administered by 2 states.
The United Nations
Historical Development
League of Nations
London Declaration
Atlantic Charter
Declaration by United Nations
Moscow Declaration
Dumbarton Oaks Proposal
Yulta Conference
San Francisco Conference
UN General Assembly welcomed Macedomia
UN Charter
Constitution, that governs the relations of international persons

Technically, a treaty a contract which parties must respect under the

doctrine of pacta sunt servanda, although it also applies to non-member
States at least in so far as may be necessary for the maintenance of
international peace and security.
111 articles + preamble + concluding provisions
Annexed is the Statute of the ICJ
Amendment
2/3 of the members of the General Assembly and ratified in accordance
with their respective constitutional processes by 2/3 of the members of the
UN, including permanent members of the Security Council
A general conference called by a majority vote of the General Assembly
and any nine members of the Security Council, may propose amendments
by a 2/3 vote of the conference and shall take effect when ratified by 2/3 of
the members of the UN, including the permanent member of the Security
Council.
Principal Objectives
prevention of war
maintenance of international peace and security
development of friendly relations among members of the international
community
attainment of international cooperation
harmony in the actions of nations
Membership
Classes: based on the manner of admission, members may be:
Original
Elective
Qualification
State
peace-loving
accept the obligations under the Charter
able and willing to carry out these obligations
Admission
Decision of 2/3 of those present and voting in the General Assembly upon
recommendation of at least 9 including permanent members of the Security
Council
Suspension
Decision of 2/3 of those present and voting in the General Assembly upon
recommendation of at least 9 including permanent members of the Security
Council
Effects:
Cannot participate in meetings
Cannot be elected to continue or to serve in the Security Council, Economic
and Social Council and Trusteeship Council
Nationals may continue to serve in the Secretariat and IC,
A member is still subject to discharge its obligations under the Charter
To lift, qualified majority vote of the Security Council
Expulsion
2/3 vote of those present and voting in the General Assembly upon
recommendation of at qualified majority of the Security Council
Ground: persistently violating the principles contained in Charter
Withdrawal
Intended that no provision on withdrawal is included in the charter.
No compulsion for continued membership.
Principal Organs
General Assembly
Security Council
Economic and Social Council
Trusteeship Council
Secretariat
International Court of Justice
General Assembly
Consist of all the members of the organization
Each is entitled to not more than 5 representative and 5 alternates
Each member has only one vote
Regular session once a year
May hold special sessions called by Secretary General at the request of
the Security Council or majority of members
On important questions, vote of 2/3 of the members present and voting is
required
On other questions, a simple majority
To classify the question as important, the vote required is a simple majority
Functions
Deliberative
Supervisory
Financial
Elective
Constituent

Security Council
Key organ in the maintenance of international peace and security
Composition
5 permanent members: China, France, Russia, UK and US
10 elective members, elected for 2 years by the General Assembly
5 from African and Asian States
2 from Latin American States
2 from Western European and other states
1 from Eastern European state
For elective members, no immediate reelection is allowed
Function continuously and sessions may be called at any time
Representative of the state should always be available
Functions
Maintain peace and security
Investigate disputes and call disputants to settle their differences through
peaceful means
Recommend methods of adjustment of disputes
Determine the existence of threats to peace, breach of peace, acts of
aggression and make appropriate recommendations,
Undertake preventive and enforcement actions
Preventive actions
Provisional measures to prevent a conflict from worsening
Deployment of peacekeeping and observer mission
Established by Security Council
Directed by the Secretary General
Consent of the host government
Military observers shall be unarmed
Peace keeping forces may be armed with light weapons, but are not
authorized to use force except in self-defense
Operations must not interfere with internal affairs
Other measures
Interruption of economic relations, communication or diplomatic relations,
except for humanitarian reasons
Enforcement actions
Deployment of air, sea and land forces
Institution of a blockade
Domestic Jurisdiction Clause
Necessary for settlement of disputes
Only limitation is that dispute must be international
Otherwise, such action would violate the principle that U.N. shall not
intervene in any matter within the jurisdiction of any State.
Voting: The Yalta Formula
Each member of the Security Council shall have one vote, distinction as to
permanent and non-permanent members in the resolution of substantive
questions.
Procedural matter affirmative vote by any 9 or more members.
Non-procedural matters concurrence of at least 9 members, including all
the permanent members.
Determination of whether a matter is procedural or substantive, is nonprocedural double veto by a permanent member.
Abstention or absence of any permanent member is not considered a veto.
Economic and Social Council
54 members elected by the General Assembly for a 3-year term
Exert efforts toward:
Higher standards of living
Conditions of economic and social progress and development
Solutions of international economic , social and health related problems
Universal respect for and observance of human rights and fundamental
freedoms
Decisions reached by a majority vote
Trusteeship Council
Assisting the Security Council and the General Assembly in the
administration of the International Trusteeship System
Composition
Members of UN administering trust territories
Permanent members of the Security Council not administering trust
territories
As many other members elected by the General Assembly as may be
necessary to ensure that the total number of members of the UN which
administer trust territories and those which did not
Secretariat
Chief administrative organ of the UN
Headed by the Secretary General who is chosen by the General Assembly
upon recommendation of the Security Council
Secretary General
Highest representative of the UN, authorized to act in its behalf
Acts as Secretary in all meetings of the General Assembly, Security
Council. Economic and Social Council and Trusteeship Council

International civil servants

Cannot receive instructions from any government or source outside the UN
Right of Political Initiative
May bring to the attention of the UN Security Council any matter which, in
his opinion, may threaten international peace and security.
International Court of Justice
Principal judicial organ of the UN
Composition:
15 members
elected for a term of 9 years
by absolute majority vote in the General Assembly and the Security
Council
in separate elections.
no two of whom must be nationals of the same state
Qualifications
must possess high moral character
possess the qualifications required in their respective countries for
appointment to their highest judicial offices
Court decides contentious cases and renders advisory opinions.
Only states, including non-members of the UN, may be parties in
contentious cases.
Jurisdiction of the court is based on the consent of the parties in accordance
with optional jurisdiction clause
Court may decide on:
the interpretation of treaties,
any question of international law,
the existence of facts constituting breach of international obligations and
the nature or extent of the reparation to be made for the breach of an
international obligation.
Advisory opinions may be given upon request of the General Assembly, or
the Security Council or the other organs of the UN when authorized by the
General Assembly.
International Administrative Bodies
Non-political
Autonomous
Not subject to control by any state
International Law Commission
Established by UN General Assembly in 1947
To promote the codification and progressive development of international
law.
One of the functions: to produce Draft Articles which may codify certain
customary international law or aid in its development.
E.g. Draft Articles on State Responsibility
Legality of the Threat or Use of Nuclear Weapons Opinion (WHO Case)
ICJ ruled that it did not have jurisdiction to decide on request of WHO to
render an advisory opinion on whether the use of nuclear weapons by a
State in war or other armed conflict would be a breach of its obligations
under international law, including WHO Convention.
International organizations are governed by the PRINCIPLE OF
SPECIALTY, that they are invested by the States which create them with
powers, the limits of which are a function of the common interest whose
promotion those States entrust to them.
To accede to the demand of WHO would be violative of the Principle of
Specialty, for such competence could not be deemed a necessary
implication of the Constitution.
Individuals
Traditionally considered as objects
Granted a certain degree of international personality under a number of
Agreements:
UN Charter
Universal Declaration of Human Rights
treaties, e.g. Treaty of Versailles
The need for States to maintain an international standard of justice in the
treatment of aliens
Genocide Convention
1930 Hague Convention
1950 European Convention on Human Rights and Fundamental Freedoms
III. FUNDAMENTAL RIGHTS OF STATE
Existence and Self-Preservation
Right to Sovereignty and Independence
Right of Equality
Existence and Self-Preservation
Article 51 of the UN Charter
Right of the state to individual and collective self-defense through regional
appointments, if an armed attack occurs against such state, until the
Security Council has taken measures necessary to maintain international
peace and security.

Right may be resorted to upon clear showing of grave and actual danger
and must be limited to necessity.
Security Council which determines whether or not an armed attack has
taken place.
Aggression
The use of armed force by a state against the sovereignty, territorial
integrity or political independence of another state or in any other manner
inconsistent with the UN Charter.
The first use of armed force by a State in contravention of the UN Charter
is prima facie evidence of an act of aggression.
Other principles
No consideration of whatever nature, political, economic or military, can
justify aggression.
A war of aggression is a crime against international peace which will give
rise to international responsibility.
No territorial acquisition or special advantage resulting from aggression
shall be recognized as lawful.
All these are without prejudice to the right of self-determination, freedom
and independence of people deprived of such rights, nor the right to these
people to struggle to that end and to seek and receive support.

The States immunity extends to the Head of State who is the

personification of the State.
Restrictive Application of the Doctrine
Only with respect to sovereign or public acts of the state and cannot be
invoked with respect to private or proprietary acts.
Neither may this immunity be invoked when the foreign state sues in the
courts of another state, for then it is deemed to have submitted itself to the
ordinary incidents of procedure and thus, a counterclaim may be validly set
up against it.
On Labor Contracts
Immunity Extends to Diplomatic Personnel to the United Nations, its
organs and specialized agencies and to international organizations
Waiver of Immunity
gives its consent at the time the proceeding is instituted
takes steps relating to the merits of the case before invoking immunity
by treaty or contract, it had previously given consent
by law or regulation in force at the time the complaint arose, it has
indicated that it will consent to the institution of the proceedings.

Right to Sovereignty and Independence

Sovereignty
The totality of the powers, legal competence and privileges of a state
arising from customary international law and not dependent on the consent
of another state.
Independence
The freedom to conduct foreign relations without outside control.
The right to independence is a natural aspiration of people.
It is not an absolute freedom.
Valid restraints may consist in the obligation to observe
the rights of others
treaty stipulations
obligations arising from membership in international organizations
Intervention

Territory
Fixed portion on the surface of the earth on which the State settles and over
which it has supreme authority.
Components:
Terrestrial
Aerial
Fluvial
Maritime
National Territory of the Philippines Section 1, Article I.
Organic Acts
Treaty of Paris cession of the Philippine Islands by Spain to the US
Treaty between Spain and the US Cagayan, Sulu and Sibuto
Treaty between US and Great Britain Turtle Islands and Mangsee Islands
1935 Constitution Batanes
1973 Constitution by historic or legal title
PD 1596 Kalyaan Islands by virtue of occupation and exercise of
jurisdiction

State interferes in the domestic or foreign affairs of another state through

the use of force or threat of force.
Protest or demand for rectification or reparation does not comprise
intervention.
Intervention used to be justified for preservation of the balance of power,
pre-emptive self-defense, enforcement of treaty obligation, collection of
debts (subsequently prohibited Drago Doctrine in the HGUE
Convention).
Contemporary International Law, intervention is not allowed.
Article 2, UN Charter even UN is precluded from intervening in matters
essentially within the domestic jurisdiction of a state, unless necessary to
remove and prevent threats to the peace, breaches or acts of aggression.
1965 UN General Assembly no state has the right to intervene, directly or
indirectly, in the affairs of another.
At present, intervention is allowed only:
as an act of individual or collective self-defense in response to an armed
attack
pursuant to treaty stipulations or
with prior UN authorization
Right of Equality
Article 2 of UN Charter
Organization is based on the principle of sovereign equality of all its
members
Guaranteed is legal or sovereign equality: equal in law, rights of
sovereignty, personality, territorial integrity and political independence
respected by others.
Not equality in fact
Act of State Doctrine
A state should not inquire into the legal validity of the public acts of
another state done within the territory of the latter.
Considerations such as motive are immaterial.
State doctrine seems to make a determination on the validity of the
confiscation of property by a foreign state a violation of the principle of
international law. (Sabbatino Case)
Acts of torture, execution and disappearance were clearly acts outside of
the Presidents authority and are not covered by the act of state doctrine.
Doctrine of State Immunity
As a consequence of independence, territorial supremacy and equality, a
state enjoys immunity from the exercise of jurisdiction (executive,
legislative, judicial) by another state, unless he has given consent, waived
its immunity or voluntarily submitted to the jurisdiction of the court
concerned.
Neither may its public property be attached or taxed, nor its public vessel
be boarded, arrested or sued.
Based on the principle of par in parem non habet imperium.

IV. RIGHT TO TERRITORIAL INTEGRITY AND JURISDICTION

Land Territory (Terrestrial Domain)

Modes of Acquisition
Discovery and Occupation
Territory not belonging to any State or terra nullius is placed under the
sovereignty of the claiming State.
Discovery alone merely creates an inchoate right and it must be followed
within a reasonable time by effective occupation and administration.
Palmas Island Arbitration Case inchoate right flowing from discovery was
deemed lost because administration was not undertaken within a reasonable
time.
Clipperton Island Case small territory infrequent administration
sufficient
Eastern Greenland Case thinly populated and uninhabited areas, very
little actual exercise of sovereignty was needed in the absence of
competition.
Kalayaan Islands Tomas Cloma claim to the islands is justified by
reason of history, indispensable need and effective occupation and control.
Manila Declaration of 1992 whatever conflicting claims, there may be
over the islands shall be resolved in a peaceful manner, through diplomatic
negotiations.
Prescription
Continuous and uninterrupted possession over a long period of time
In international law, as opposed to civil law, there is no rule of thumb as to
the length of time needed for acquisition of territory through prescription.
Grotius doctrine of immemorial prescription uninterrupted possession
going beyond memory.
Cession
Voluntary
Treaty of Sale
Treaty of Donation
Involuntary or Forced
Conquest
No longer recognized.
UN Charter prohibits resort to threat or use of force against territorial
integrity or political independence.
Stimson Doctrine (even before UN Charter) which forbade recognition of
any government set up through external aggression.
Accretion
Increase in the land area of the State, through natural means or artificially
through human labor
Maritime Authority (Fluvial and Maritime Domain)
Internal (National) Waters

Bodies if water within the land mass.

The UN Convention on the Law of Seas all waters on the landward side
of the baselines of the territorial sea.
Rivers
National
Boundary divide territories of States
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 the middle or center of the bridge.
Bays and Gulfs
Bay well-marked indentation whose penetration is in such proportion to
the width of its mouth as to contain land-locked waters and constitute more
than a curvature of the coast.
Area must be as large or larger than a semi-circle whose diameter is a line
drawn across the mouth of such indentation, or if the mouth is less than 24
miles wide.
Historic Bay waters are considered internal because of the existence of
historic title.
Straits narrow passageways connecting 2 bodies of water.
If the distance between the two opposite coasts is not more than 6 miles,
they are considered internal waters.
Canals
Suez Canal - neutralized
Panama Canal open to everyone in times of war or peace
Archipelagic Waters
Archipelagic Doctrine The waters around, between and connecting the
islands of the archipelago, regardless of their breadth or dimension, are to
be treated as internal waters.
Archipelago group of islands (including parts of island), interconnecting
waters and other natural features which are closed interrelated in such
islands, waters, and other natural features which form an intrinsic
geographical, economic and political entity for which historically has been
regarded as such.
Straight Baseline Method to determine extent of archipelagic waters, the
archipelagic state shall draw straight baselines connecting the outermost
points of the outermost islands and drying reefs providing that the ratio of
the area of the water to the area of the land, including atolls, is between 1:1
and 9:1.
The length of such baselines shall not exceed 100 nautical miles, except
that up to 3% of the total number of base lines inclosing any archipelago
may exceed that length, up to a maximum of 125 nautical miles.
The baselines drawn should not depart from, to any appreciable extent,
from the general configuration of the archipelago.
All the waters within the baselines shall be considered as internal waters.
The breadth of the 12-mile territorial sea, the contiguous zone, the
exclusive economic zone and the continental shelf shall then be measures
from the archipelagic baselines.
Vessels may be allowed innocent passage. This right may be suspended,
after PUBLICATION in the interest of INTERNATIONAL SECURITY.
Coastal state may designate the ARCHIPELAGIC SEA LANES for
continuous, unobstructed transit vessels.
Territorial Sea - belt of the sea located between the coast and internal
waters of the coastal state on one hand and the high seas on the other,
extending up to 12 nautical miles from the low-water mark, or in case of
archipelagic states, from the baselines.
GR: ships (not aircrafts) of all states enjoy the right of innocent passage
through the territorial sea (not waters).
Must be continuous and expeditious.
Exception: force majeure
Submarines and other underwater craft are required to navigate on the
surface and to show their flag
Contiguous Zone extends up to 12 nautical miles from the territorial sea.
Technically, not part of the territory of the State.
Coastal state may exercise limited jurisdiction over the contiguous zone to
prevent infringement of customs, fiscal, immigration or sanitary laws.
Exclusive Economic Zone extends up to 200 nautical miles from the lowwater mark or the baselines.
Coastal state may exercise sovereign rights over economic resources of the
sea, seabed, subsoil,
Other States shall have freedom of navigation and over-flight, to lay
submarine cables and pipelines, and other lawful uses.
States with overlapping EEZ enter into appropriate treaty for joint
exploitation and utilization.
Philippine EEZ Scarborough Shoal
Continental Shelf
Comprises the seabed and the subsoil of the submarine areas that extends
beyond the territorial sea throughout the natural prolongation of its land
territory to the outer edge of the continental margin, or to a distance of 200
miles from the baselines from which the territorial sea is ensured where the
outer edge of the continental margin does not extend up to that distance.

Coastal state enjoys right of exploitation of oil deposits and other resources
in the continental shelf.
In case continental shelf extends to the shores of another State, or is shared
with another State, the boundary shall be determined in accordance with
equitable principles.
High Seas
Treated as res communes or res nullius
Not territory of any particular state
Traditional view: Freedom of the high seas open and available, without
restriction, to the use of all states for the purpose of navigation, flight over
them, laying submarine cables and pipes, fishing, research, mining, etc.
At present, subject to regulation arising from treaty stipulations.
Freedom of navigation right to sail ships on the high seas, subject only
to international law and the laws of the flag state.
Settlement of Dispute Arising from the UN Convention on the Law of the
Sea (UNCLOS)
Part XV of 1982 UN Convention on the Law of the Sea
Requires States to settle peacefully any dispute concerning the convention.
Failing bilateral settlement settled for compulsory settlement to one of
the tribunals having jurisdiction.
International Tribunal for the Law of the Sea, ICJ, and arbitral or special
arbitral tribunals constitutes under UNCLOS
Air Territory
Aerial domain
Air space above the land and water of the state.
International Convention on Civil Aviation (Chicago Convention)
Every State has complete and exclusive sovereignty over the air space
above its territory; but this shall not include outer space (re communes).
Other States have no right of innocent passage over the air territory of
another State.
5 Freedoms (of Air Transportation for Scheduled International Services)
Fly across the territory without landing
Land for non-traffic purposes
Land to put down passenger, mail, cargo of flag territory
Land to take passenger, mail, cargo of flag territory
Put down passenger, mail, cargo from these territories
1981 Resolution of the International Civil Aviation Organization
Intrusion into the air space by civilian aircraft may be intercepted but in no
case shall the interception be attended with the use of weapons.
Military aircraft may be shot down.
Outer Space
Rules governing high seas apply; considered res communes.
Under customary international law, States have the right to launch satellites
in orbit over the territorial air space of other States.
Outer Space Treaty of 1967
Outer space is free for exploration and use by all States
Cannot be annexed by any State
May be used exclusively for peaceful purposes. (nuclear weapons of mass
destruction may not be placed in orbit around the earth)
1972 Convention on International Liability for Damage Caused by Outer
Space Objects
States which launch objects into space may be held liable for the harmful
contamination or for damage which may be caused by falling objects.
Theories on where outer space begins
lowest altitude for artificial earth satellites to orbit without being destroyed
by friction (90 kms above earth)
theoretical limits of air flights (84 kms above earth)
functional approach rules shall not depend on the boundaries set, but on
the nature of the activity undertaken.
Jurisdiction
Power or authority exercised by a State over land, persons, property,
transactions and events.
Bases of Jurisdiction
Territorial Principle
State may exercise jurisdiction only within its territory.
Exceptionally, it may have jurisdiction over persons and acts done outside
its territory depending on the kind of jurisdiction it invokes.
While there is no territorial limit on the exercise of jurisdiction over civil
matters, a State, as a general rule, has criminal jurisdiction over offenses
committed committed within its territory, except over:
continuing offenses
acts prejudicial to the national security or vital interests of the State
universal crimes
offenses covered by special agreement (obsolete)
Nationality Principle
State has jurisdiction over its nationals anywhere in the world, based on the
theory that a national is entitled to the protection of the State wherever he

may be, and thus, is bound to it by duty of obedience and allegiance, unless
he is prepared to renounce his nationality.
Applies to civil matters (Article 15 of CC) and taxation.
NOT applicable to criminal offenses.
Protective Principle
State has jurisdiction over acts committed abroad (by nationals or
foreigners) which are prejudicial to its national security or vital interests.
Article 2 of RPC, Philippines has jurisdiction over
offenses committed on board a Philippine ship or airship
forging/counterfeiting of Philippine coins or currency notes
introduction into Philippines of such forged or counterfeit coins or notes
offenses committed by public officers or employees in the exercise of
official functions
crimes against national security and the law of nations
Principle of Universality
State has jurisdiction over offenses considered as universal crimes
regardless of where committed and who committed them.
Universal crimes threaten the international community as a whole and are
considered criminal offenses in all countries:
Genocide
Piracy jure gentium
White slave trade
Hijacking
Terrorism
War crimes
Principle of Passive Personality
State exercises jurisdiction over crimes against its own nationals even if
committed outside its territory.
May be resorted to if the others are not applicable.
Exemptions from Jurisdiction
Doctrine of State Immunity
Act of State Doctrine
A state could not inquire into the legal validity of the public acts of another
State done within the territory of the latter.
The doctrine is more of a choice of law rule, and may be raised by private
parties.
Diplomatic Immunity
Part of customary international law.
To uphold their dignity as representative of their respective States and to
allow them free and unhampered exercise of their functions.
Procedure for claiming immunity:
Request by the foreign state for an executive endorsement by the
Department of Foreign Affairs
Determination made by the Executive Department is a political question
which is conclusive on Philippine courts.
Head of the State enjoys personal immunity from the jurisdiction of another
State
1961 Vienna Convention on Diplomatic Relations
Right of the foreign State to acquire property in the receiving State for its
diplomatic mission, as well as immunity of the diplomatic envoy from civil
jurisdiction of the receiving State over any real action relating to
immovable property which the envoy holds on behalf of the sending state
for purposes of the mission.
Immunity of the United Nations, its Organs, Specialized Agencies, other
International Organizations and its Officers
Article 105, UN Charter: organizations, officers, representatives of
members, who shall such privileges and immunities as are necessary for the
independent exercise of their functions.
Secure them legal and practical independence in fulfilling their duties.
Free from political pressure or control by the host country.
Convention on the Privilege and Immunities of the United Nations the
immunities are with respect to:
Legal processes relative to words spoken or written and acts in their official
capacity
Taxation on salaries and emoluments
National service obligations
Immigration, restriction and alien registration
Same immunities as are enjoyed by diplomats of comparable rank
International agency, enjoys immunity from the legal writs and processes of
the Philippines, because subjection to local jurisdiction would impair the
capacity of such body to discharge its responsibilities impartially in behalf
of its member States.
Section 31, Convention on the Privileges and Immunities to Specialized
Agencies of the UN provides remedy for those who may be adversely
affected by these immunities each specialized agency of the UN shall
make a provision for appropriate modes of settlement of disputes arising
out of contracts or other disputes of private character to which it is a party.
Foreign merchant vessels exercising the right of innocent passage or arrival
under stress
Innocent Passage: navigation through the territorial sea of a State for the
purpose of transversing that sea without entering internal waters, or of
proceeding to internal waters, or making for the high seas from the internal

waters, as long as it is not prejudicial to the peace, good order or security of

the coastal State.
Arrival under stress: involuntary entrance, due to lack of provisions,
unseaworthiness of vessel, inclement weather or other case of force
majeure, such as pursuit by pirates.
Foreign armies passing through or stationed in the territory with the
permission of the State
Warships and other public vessels of another State operated for noncommercial purposes
Generally immune from local jurisdiction floating territory
Crew members are immune from local jurisdiction when on shore duty.
N/A if the crew members violate local laws while on furlough or off-duty
Jurisdiction over Land Authority
Save for exceptions, the State exercises jurisdiction over everything found
within the terrestrial domain.
Jurisdiction over Maritime Authority
Over internal waters
Same jurisdiction as land area, since the internal water are deemed
assimilated in the land mass
Foreign merchant vessels docked in a local port or bay, the coastal state
exercises jurisdiction in civil matters, but criminal jurisdiction depends on:
English Rule: coastal state shall have jurisdiction over all offenses
committed on board the vessel except those which do not compromise the
peace of the port
French Rule: flag State shall have jurisdiction over all offenses committed
on board the vessel except those which compromise the peace of the port.
Over archipelagic waters
Same rule as internal waters.
Except for innocent passage of merchant vessels through archipelagic sea
lanes.
Over the territorial sea
Criminal jurisdiction over foreign merchant vessels depends on English
Rule or French Rule
Exceptions:
Innocent passage and
Involuntary surrender (distress on the vessel must be real)
Over the contiguous zone
UN Convention on the Law of the Sea, the Coastal State may exercise the
control necessary to prevent infringement of its customs, fiscal,
immigration and sanitary regulations, and punish the said infringement.
Over the exclusive economic zone
UN Convention on the Law of the Sea, Coastal State has sovereign rights
over the EEZ for purposes if exploring and exploiting, conserving and
managing the natural resources, whether living or non-living, of the seabed, sub-soil, and the superjacent waters as well the production of energy
from the water, currents and winds.
Other States shall have the freedom of navigation and over-flight, to lay
submarine cables and pipes and other lawful uses.
Over the continental shelf
Coastal State enjoys the right of exploitation of oil deposits and other
resources in the continental shelf.
In case the continental shelf extends to the shores of another State or is
shared with another State, the boundary shall be determined in accordance
with equitable principles.
Over the high seas
Its vessels
Flag state has jurisdiction over its public vessels wherever they are, and
over its merchant vessels on the high seas.
Because of the Flags of Convenience Controversy, the UN Convention
on the Law of the Sea concedes that a vessel shall have the nationality of
the flag it flies provided there is genuine link between the State and the
vessel State must effectively exercise jurisdiction and control in
administrative, technical and social matters over the ship.
Pirates
Enemies of mankind
May be captured on the open seas by the vessels of any State
Engaged in illicit traffic in drugs and slave trade
All states shall cooperate in the suppression of:
Illicit traffic in narcotics
Illicit traffic in slave trade
Terrorism
Unauthorized broadcasting from the high seas, except in distress calls
In the exercise of the right to visit and search
Laws of Neutrality public vessels or aircraft of a belligerent State may
visit and search any neutral merchant vessel on the open seas and capture it
if found to be engaged in activities favorable to the other belligerent.
Under the doctrine of hot pursuit
If an offense is committed by a foreign merchant vessel within the
territorial waters of the coastal state (or of the coastal state has good reason
to believe that such an offense had been committed) the said States vessels

may pursue the offending vessel into the open seas and, upon capture, bring
it back to its territory for punishment.
Exercised to violations committed in the EEZ or on the continental shelf
installations.
However, to be lawful:
The pursuit must have begun before the offending vessel has left the
territorial waters or the contiguous zone of the coastal state
The pursuit must be continuous and unabated
Ceases as soon as the ship being pursued enters the territorial sea of its own
or of a Third State.
Jurisdiction over other Territories (Extra-Territorial Jurisdiction)
State may, by virtue of customary and conventional law, extend its
jurisdiction to territory not within its sovereignty in the following:
Assertion of personal jurisdiction over its national abroad
Relations with other states, as when it establishes a protectorate,
condominium, or administers trust territory or occupies enemy territory in
the course of war
Consequence of waiver of jurisdiction by the local state over person and
things within the latters territory
Principle of extraterritoriality, exemption of persons and things from the
local jurisdiction on the basis of international custom.
(Principle of extra-territoriality: exemption from jurisdiction is
based on treaty or convention; discredited)
Enjoyment of easements and servitudes
Rome Statute of the International Criminal Court (ICC)
Adopted in July, 1988 by a Conference of States in Rome
Come into existence once 60 States have ratified
Philippines signed the ICC Statute on 28 December 2000
January 2000 124 countries have signed; only 25 have ratified
Jurisdiction of the court limited to serious crimes of concern to
international community as a whole
Genocide
Crimes against humanity
War crimes
Crimes of aggression
V. RIGHT OF LEGATION
The Right of Legation
Right of Diplomatic Intercourse
Right of the state to send and receive diplomatic missions, which enables
States to carry on friendly intercourse.
Not a natural or inherent right, exists by common consent.
No legal liability is incurred by the State for refusing to send or receive
diplomatic representatives.
Governed by the Vienna Convention on Diplomatic Relations.
Agents of Diplomatic Intercourse
Head of State
Embodiment of the sovereignty of the State
Enjoys right to special protection for his physical safety and the
preservation of his honor and reputation.
Enjoys principle of exterritorilaity quarters, archives, property and means
of transportation are inviolable
Immune from criminal and civil jurisdiction, except when he himself is the
plaintiff
Not subject to tax or exchange or currency restrictions.
The Foreign Office
Entrusted with the actual day-to-day conduct of foreign affairs
Headed by Secretary or Minister who can make binding declarations on
behalf of his government.
Establishment of Resident Missions
States carry on diplomatic intercourse through permanent missions
established in the capitals of other States.
Composed of:
Head of Mission Classified by Vienna Convention:
Ambassadors/nuncios accredited to Head of State, and other heads of
mission of equivalent rank
Envoys/ministers/internuncios, accredited to Head of State
Charges daffaires, accredited to Ministers of Foreign Affiars
Diplomatic Staff
Engaged in diplomatic activities and are accredited diplomatic rank
Administrative and Technical Staff
Employed in administrative and technical staff of the mission
Service Staff
Engaged in domestic service of the mission
Diplomatic Corps

According to custom, all diplomatic envoys accredited to the same state

form a body known as the Diplomatic Corps
Doyen/head of the body:
Papal Nuncio
Oldest ambassador
Oldest minister plenipotentiary
Appointment of Envoys
In the Philippines, the President cannot be questioned
Sending state is not absolutely free in the choice of its diplomatic
representatives, especially heads of mission BECAUSE the receiving State
has the RIGHT TO REFUSE to receive as envoy of another State a person
whom it considers unacceptable,
To avoid embarrassment, sending State may resort to an INFORMAL
inquiry (enquiry) to which the receiving State responds with an informal
conformity (agreement) AGREATION
After conclusion of the informal process, the diplomatic mission
commences when the envoy presents himself at the receiving state
generally armed with the following papers:
LETTRE DE CREANCE (Letter of Credence) name/rank/general
character of the mission and a request for favorable reception and full
credence
DIPLOMATIC PASSPORT authorizing his travel
INSTRUCTIONS includes document of full powers (pleins pouvoirs)
authorizing him to negotiate on extraordinary or special business
CIPHER/CODE/SECRET KEY for communications with his country
Functions
Represent sending State
Protect in receiving State the interests of the sending State and its nationals,
within the limits of international law
Negotiating with the government of receiving State
Ascertaining by all lawful means the conditions and development in the
receiving State
Promote friendly relations
Developing their economic, cultural and scientific relations
Diplomatic Immunities and Privileges except as provided below,
immunities and privileges are enjoyed by the ENVOY and the MEMBERS
of the DIPLOMATIC RETINUE
Personal Inviolability
Not liable for any form of arrest or detention
Treat him with due respect and take all steps to prevent any attack on his
person, freedom or dignity.
RA 75 punishes any person who assaults, strikes, wounds, offers violence
to the person of the ambassador or minister (except when in self-defense)
UN CONVENTION ON THE PREVENTION AND PUNISHMENT OF
CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS
considers crimes against diplomatic agents as international not political in
nature.
Diplomatic envoy may be arrested temporarily in case of urgent danger
(acts of violence) which makes it necessary to put him under restraint for
the purpose of preventing similar acts; must be released and sent home in
due time.
Inviolability of Premises and Archives
Premises occupied and private residence
Agents may not enter w/o consent of the envoy
Exception: extreme cases of necessity fire; imminent danger
Cannot be entered or searched
Goods, records, archives cannot be detained by local authorities even under
process of law
Service of writs, summons, orders or processes within the premises of the
mission or residence of the envoy is prohibited
Even if a fugitive takes refuge but must be surrendered upon demand by
local authorities EXCEPT: Right of asylum exists
N/A when the ambassador himself request local police assistance
Vienna Convention receiving State has the special duty to protect
diplomatic premises against invasion, damage or any act tending to disrupt
the peace and dignity of the mission.
Immune from search, requisition, attachment or execution
Premises
Furnishings
Other property thereon
Means of transport of the mission
Archives
Documents
Papers
Correspondence of the mission
Unless the treaty is recognized by treaty or local usage envoy should not
permit the premises of his mission or his residence to be used as a place of
asylum for fugitives from justice.
But he must, in the interest of humanity, afford temporary shelter to persons
in imminent peril of their loves, such as those feeling from mob violence.

Right of Official Communication

As such, diplomatic pouch and diplomatic couriers also enjoy inviolability.
Immunity from Local Jurisdiction
Diplomatic agent cannot be arrested, prosecuted and punished for any
offense he may commit unless his immunity is waived.
Immunity from jurisdiction does not mean exemption from local laws; it
does not presuppose a right to violate the laws of the receiving State.
Diplomatic privilege does not import immunity from legal liability but only
exemption from local jurisdiction.
Immunity from civil and administrative jurisdiction of the receiving State
No civil action of any kind may be brought against him
GR: properties are exempt from garnishment, seizure for debt, execution,
and the like.
Exception:
Real action relating to private immovable property situated in the territory
of the receiving state
Except: envoy holds it on behalf of the sending State for the purpose of the
mission.
Action relating to succession in which diplomatic agent is involves as
E/A/H/L as a private person
Action relating to any professional or commercial activity exercised by
diplomatic agent in the receiving State outside his official function
Cannot be compelled to testify/deposition w/o consent of his government
Immunity does not protect a public official who commits unauthorized acts
unauthorized acts are not acts of Statehe may be sued for such
unlawful acts in his PRIVATE CAPACITY
RA 75: declares as void any writ or process issued out or prosecuted by any
person in any court of the Philippines, or by any judge or justice, whereby
the person of any Ambassador or Public Minister of any foreign state,
authorized and received as such by the President or and Domestic Servant
of any such ambassador or minister is arrested or imprisoned, or his goods
or chattels distrained, seized, or attached and penalties are imposed for
violations.
N/A:
Citizens/inhabitants of the Philippines, where the process is founded upon a
debt contracted before his employment in the diplomatic service
Domestic servants of the ambassadors or minister whose names are not
registered with the DFA
Children born to him while he possesses diplomatic status are regarded as
born in the territory of his home State.
Exemption from Taxes and Customs Duties
Vienna Convention
Exceptions:
Indirect taxes normally incorporated in the price of goods/services
Dues and taxes on private immovable property situated in the territory of
the receiving State, unless he holds it on behalf of the sending State for
purposes of the mission.
Estate, succession or inheritance taxes on investments in commercial
ventures in the receiving State
Dues and taxes on private income having its source in the receiving State
and capital taxes on investments in commercial ventures in the receiving
State
Charges levied for specific services rendered
Registration, court or record fees, mortgage dues and stamp duty, with
respect to immovable property.
Exemption from all customs duties and taxes of articles for the official use
of the mission and those for the personal use of the envoy or members of
the family forming part of his household.
Baggage and effects are entitled to free entry and normally exempt from
inspection
Articles addressed to ambassadors, ministers, charge daffaires are also
exempt from customs inspection.
Freedom of movement and travel in the territory of the receiving State
Exemption from all personal services and military obligations
Use of flag and emblem of the sending State on the diplomatic premises
and the residence and means of transport of the head of mission
Duration of Immunities/Privileges
From the moment he enters the territory of the receiving State
Cease only the moment he leaves or on expiry of a reasonable time in
which to do so
w/ regard to official acts immunity shall continue indefinitely
privileges are available even in transitu when traveling through a Third
State on the way to or from the receiving State
Waiver of Immunities
GR: waiver cannot be made by the individual concerned since such are not
personal to him.
Waiver by the government of the sending State if it concerns the
immunities of the head of mission
Other cases, by the government or chief of the mission

Waiver does not include waiver of immunity with respect to execution of

judgment separate waiver necessary
Termination of Diplomatic Mission
Death
Resignation
Removal
Abolition of office
Recall by the sending state
Dismissal by receiving state
War between sending and receiving
Extinction of state
Consular Relations
Consuls: State agents residing abroad for various purposes, mainly in the
interest of commerce and navigation.
Kinds
Consules missi professional and career consuls; nationals of appointing
state
Consules electi selected by appointing state from its own citizens or
among national abroad
Ranks
Consular General heads several consular districts, or one exceptionally
large consular district
Consul takes charge of a small district/town/port
Vice Consul assist the consul
Consular Agent entrusted with the performance of certain functions by
the consul
Appointment: 2 important documents necessary before the assumption of
consular functions:
Letters patent (letter de provision) letter of appointment or commission
which is transmitted by the sending state to the Secretary of Foreign Affairs
of the country where the consul is to serve
Exequatur authorization given to the consul by the sovereign state,
allowing him to exercise his functions
Functions
Commerce and navigation
Issuance of visa
Such as are designed to protect the nationals of the appointing state
Immunities and Privileges
1963 Vienna Convention on Consular Relations
Freedom of communication in ciphers or otherwise
Inviolability of archives NOT of premises
Exempt from local jurisdiction for offenses committed in the discharge of
official functions not of other offenses, EXCEPT minor infractions
Exempt from testifying on official communication or on matters pertaining
to consular functions
Exempt from taxes, customs duties, military or jury service
Display national flag and emblem in the consulate
Available to members of consular post, families and private staff
May be waived by appointing state
Termination of Consular Mission
Usual modes of terminating official relationship
Withdrawal of the exequatur
Extinction of state
War
Severance of consular relations does not necessarily terminate diplomatic
relations.
VI. TREATIES
Treaty
International agreement concluded between States in written form and
governed by international law, whether embodied in a single instrument of
in 2 or more instruments and whatever its particular designation.
Agreement between States including international organizations of States
intended to create legal rights and obligations of the parties.
Executive agreement, under municipal law, is not a treaty. But from the
standpoint of international law, equally binding as treaties.
Qatar vs. Bahrain: Minutes to a Meeting and exchange of letters constitute
an international agreement creating rights and obligations for the parties.
Form
Article 2, 1969 Vienna Convention on the Law of Treaties, treaties should
be in writing.
Article 3, fact that treaty is unwritten shall not affect its legal force.
But that convention rules on matters governed by international law
independently of convention shall apply and that convention rules shall
apply to the relations of the States among themselves.
1969 Convention on the Law of Treaties treaties executed between states
1986 Vienna Convention in Treaties for International Organizations
treaties executed between States and International Organizations

Requisites for Validity

Treaty-making capacity
Possessed by every state as attribute of sovereignty
International organization, deemed to possess such, may be limited by the
purpose and constitution of such organization.
Competence of the representative/organ concluding the treaty
Generally, exercised by Head of State.
In the Philippines, President w/ concurrence by 2/3 of all members of the
Senate
Parties must freely given consent
Doctrine of Unequal Treaties imposed through coercion or duress by a
State of unequal character is void.
Object and subject matter must be lawful
Within the commerce of nations and in conformity with international law.
Doctrine of jus cogens customary international law has the status of
peremptory norm of international law, accepted and recognized by the
international community of states as a rule from which no derogation is
permitted.
A treaty which contravenes such norms/rules may be invalidated.
Official torture of prisoners is violation of principle of jus cogens (Human
Rights Cases vs. Marcos)
Ratification in accordance with constitutional processes of the parties
concerned
Concurrence in by at least 2/3 of all the members of the Senate.
Treaties and Executive Agreements
Treaties
Basic political issues
Changes in national policy
Permanent
international
arrangements

Executive Agreements
Adjustment of detail carrying out
well-established national policies
Temporary arrangements

When there is a dispute as to whether or not an international agreement is

purely an executive agreement, the matter is referred to the Secretary of
Foreign Affairs who will then seek the comments of the SENATE
REPRESENTATIVE and the LEGAL ADVISER of the DFA and after
consultation with the Senate leadership, the Secretary shall then make the
appropriate recommendations to the President.
Treaty-making Process
Negotiations
Pleine pouvoirs
Even w/o such, it has been the general practice to consider the following as
representatives of the State for treaty negotiations:
Head of State
Head of Government
Foreign Minister
Head of diplomatic missions
Representative accredited by the State to an international conference or to
an international organization
Signing of the Treaty
Principle of alternat order of the naming of the parties and of the
signatures of the plenitpotentiaries is varied so that each party is named and
its plenipotentiary signs first in the copy of the instrument to be kept by it.
Ratification
Provisions of a treaty are formally confirmed and approved by a State and
by which the State expresses its willingness to be bound by the treaty
Philippines power to ratify is with the President, subject to concurrence
by 2/3 of all the members of the Senate
Accession or Adhesion non-signatory State becomes a party to the treaty;
by invitation or permission of the contracting parties, a 3 rd party who did
not participate or who did not ratify on time, may be bound by a treaty.
Reservation: unilateral statement made by a State when signing, ratifying,
accepting, approving or acceding to a treaty, whereby it purports to exclude
or modify the legal effect of certain provisions of the treaty in their
application to the State.
Remains to be a party to the treaty as long as reservation is compatible
with the object and purpose of the treaty.
Entry into Force
In such manner and on such date as it may provide, or as the negotiating
parties may agree.
Absence of such provision, as soon as consent of all the parties to be bound
by the treaty is established.
Consent deemed established:
Exchange of instruments of ratification
Deposit of such instrument with a named depositary, coupled with the
notification to the contracting State of such deposit.
Registration with and publication by the UN failure does not affect the
validity of the treaty; only that the unregistered instrument cannot be
invoked by any party before any organ of the United Nations.
When non-signatories may be bound by a treaty

GR: treaties cannot impose obligations upon States not parties to them.
(Pacta tertiis nocent nec prosunt)
Exception
Process of Accession or Adhesion
Most favored Nation Clause contracting State entitled to the clause may
claim the benefits extended by the latter to another State in a separate
agreement.
Formal expression of customary international law
Treaty expressly extends benefits to non-signatory States
Fundamental principles
Pacta sunt servanda
Treaties must be observed in good faith.
If necessary, State must modify its national legislation to make them
conform to the treaty, to avoid international embarrassment
Philippines treaty may be invalidated if contrary to Constitution
Tanada vs. Angara: Treaties do not limit or restrict sovereignty of a State;
by their voluntary act, States may surrender some aspects of their power in
exchange for greater benefits granted by or derived from a convention or
pact.
Rebus sic stantibus
Contracting States obligations under a treaty terminates when a vital or
fundamental change or circumstances occurs, thus allowing a State to
unilaterally withdraw from a treaty, because of disappearance of the
foundation upon which it rests.
Doctrine does not operate automatically, there must be a FORMAL ACT
OF REJECTION, usually by the HEAD OF STATE, with a statement of the
REASONS why compliance with the treaty is no longer required.
Requisites
Change must be so substantial that the foundation of the treaty must have
altogether disappeared
Change must have been unforeseen or unforeseeable at the time of the
perfection of the treaty
Change must not have been caused by the party invoking the doctrine
Doctrine must be invoked within a reasonable time
Duration of the treaty must be indefinite
Doctrine cannot operate retroactively
Interpretation of Treaties
Interpreted in good faith
Ordinary meaning given to the terms
In the light of its objects and purposes
Consider:
Preamble
Text
Annexes
Agreements relating to the treaty
Subsequent agreements
Amendment/Modifications
Consent of all the parties is required
If allowed by the treaty itself, 2 States may modify a provision only insofar
as they are concerned.
Termination of Treaties
EXPIRATION of the term or WITHDRAWAL of a party
EXTINCTION of one of the parties (bipartite treaties)
When the rights and obligations under the treaty would not devolve upon
the State that may succeed the extinct State
MUTUAL AGREEMENT of ALL the parties
DENUNCIATION or DESISTANCE
The right to give notice of termination or withdrawal right of
denunciation
SUPERVENING IMPOSSIBILITY of performance
CONCLUSION of SUBSEQUENT INCONSISTENT TREATY
LOSS of the subject matter
MATERIAL BREACH or violation
REBUS SIC STANTIBUS
Outbreak of WAR, unless the treaty precisely relates to the conduct of war
SEVERANCE of diplomatic relations
Doctrine of JUS COGENS or emergence of NEW PEREMPTORY NORM
of general international law which renders void any existing treaty
conflicting with such norm.
VII. NATIONALITY AND STATELESSNESS
Nationality membership in a political community with rights and duties
Determination of a persons nationality 1930 Hague Convention on
Conflict of Nationality Laws
For each state to determine under its own law who are its nationals
Question as to whether a person possesses the nationality of a particular
State shall be determined in accordance with the law of that State.

Mode of Acquisition of Nationality

Birth
Jus sanguinis (by blood)
Jus soli (by place of birth)
Naturalization
Accomplished through:
Marriage
Legitimation
Election
Acquisition of domicile
Appointment to government office
Grant on application
In the Philippines
Judicial process
Legislative process
Election
Marriage
No obligation on the part of the State of his nationality to recognize a
persons newly acquired nationality.
Repatriation recovery of nationality by individuals who were natural-born
citizens of a State but who had lost their nationality.
Subjugation
Cession
Loss of Nationality
Release
Deprivation
Renunciation
Substitution
Multiple Nationality
Possessed of mope than one nationality because of the concurrent
application to him of the municipal laws of 2 or more states claiming as
their national.
Arise by:
Concurrent application to him of the principles of jus sanguinis and jus soli
naturalization w/o renunciation of the original nationality
legitimation
legislative action
Policy in the Philippines- dual allegiance is inimical to national interest and
shall be dealt with by law.
Resolution of conflicts in Multiple Nationality Cases
1930 Hague Convention on the Conflict of Nationality Law
A person having 2 or more nationalities regarded as national by each of
the States; AND a state may not give diplomatic protection to one of its
nationals against a State whose nationality that person possesses.
If a person has more than one nationality, he shall within a 3 rd state, be
treated as if he had only one; the third State shall recognize exclusively
either the nationality of the State in which he is habitually and principally
resident or the nationality of the State with which he appears in fact to be
most closely connected Principle of Effective Nationality
If a person, without any voluntary act of his won, possesses double
nationality, he may renounce one of them with the permission of the State
whose nationality he wishes to surrender and, subject to the laws of the
State concerned, such permission shall not be refused if that person has his
habitual residence abroad.
Statelessness
Status of having no nationality, as a consequence of being BORN
WITHOUT A NATIONALITY or as a result of DEPRIVATION or LOSS
OF NATIONALITY.
1954 Convention Relating to the Status of Stateless Persons contracting
states agreed to grant to stateless persons within their territories treatment at
least as favorable as that accorded to their nationals with respect to:
freedom to practice their religion and freedom as regards the religious
education of their children
access to courts
rationing of products in short supply
elementary education
public relief and assistance
labor legislation and social security
Contracting states also agreed to grant to stateless persons within their
territories as favorable as possible, in any event, not less favorable than that
accorded to aliens:
acquisition of movable and immovable property
right of association in non-political and non-profit-making associations and
trade unions
gainful employment and practice of liberal profession
housing and public education other than elementary
freedom of movement
VIII. TREATMENT OF ALIENS

General Rule: Flowing from its right of existence and as an attribute of

sovereignty, no State is under obligation to admit aliens.
Power to regulate the entry and stay of aliens, and the State has the right to
expel aliens from its territory through DEPORTATION or
RECONDUCTION.
DEPORTATION or EXPULSION
Menace to the security of the State
Entry was illegal
Permission to stay has expired
Violated any limitation or condition prescribed for his admission and
continued stay.
RECONDUCTION
Forcible conveying of aliens back to their home States
Destitute aliens
Vagabonds
Aliens without documents
Alien criminals
Home state of such aliens has the obligation to receive them
Alien must accept the institutions of the State. He may be deprived of
certain rights.
Local laws may grant him certain rights and privileges based on:
reciprocity
most-favored-nation treatment
national treatment (equality between nationals and aliens in certain matters)
privileges may be revoked, subject to treaty stipulations.
Doctrine of State Responsibility
a State is under obligation to make reparations to another State for the
failure to fulfill its primary obligation to afford, in accordance with
international law, the proper protection due to the alien national of the latter
State.
The State may be held liable for injuries and damages sustained by the alien
if:
Act or omission constitutes an international delinquency
International Standard of Justice standard of reasonable state and notions
accepted in modern civilization.
laws of the State fall below the international standard, it is no defense that
such laws are applicable not only to aliens but to nationals doctrine of
equality of treatment not applicable
independence of the courts of the State and unless the misconduct is
extremely gross, the law does not lightly hold a State responsible for any
error committed by the Courts
Act or omission is directly or indirectly imputable to the State
Even when the laws of the State conform to International standard, if it
does not make reasonable efforts to prevent injury to alien or having done
so unsuccessfully, fails to repair such injury.
The act or omission that may give rise to liability may either be:
acts of government officials
primary agents
give rise to direct state responsibility
acts of high administrative officials
officer acts beyond the scope of his authority, his act is likened to an act of
a private individual.
Acts of a minor or subordinate official to give rise to liability, there must be
a denial of justice or something which indicates complicity of the State in,
or condonation of, the original wrongful act, such as an omission to take
disciplinary action against the wrongdoer.
acts of private individuals
For State to be liable, there must be actual or tacit complicity of the
government in the act, before of after it, either by directly ratifying or
approving it, or in the patent or manifest negligence in taking measures to
prevent injury, investigate the case, punish the guilty or to enable the victim
to pursue his civil remedies against the offender.
The claimant has the burden of proving.
Injury to the claimant State indirectly because of damage to its national
Enforcement of Aliens Claim
Exhaustion of Local Remedies
Because the State must be given an opportunity to do justice in its own
regular way and without unwarranted interference with its sovereignty by
other states.
N/A if:
no remedies to exhaust, e.g. laws are intrinsically defective
courts are corrupt
no adequate machinery
international delinquency results from an act of state
Calvo Case: alien waives or restricts his right to appeal to his own state in
connection with any claim arising from the contract and agrees to limit
himself to the remedies available under the laws of the local state.
Does not mean that the aliens state is deprived of the right to protect or
vindicate its interest in case they are injured in another state, as such waiver
can be legally made by the state, not the alien.
Resort to Diplomatic Protection

After exhaustion of local remedies, alien must avail himself of the

assistance of his state.
Tie of nationality time of injury until time international claim is finally
settled.
UN may file diplomatic claim on behalf of its officials.
European Commission on HR and also contracting states other than the
state of the injured individual may bring alleged infractions of the European
Convention on HR before the European Court of HR.
Modes of Enforcement of Claims
Negotiations or other modes of settling dispute.
When responsibility is established:
Reparation
Satisfaction
Compensation
all three
Extradition
surrender of a person by one state to another state where he is wanted for
prosecution or punishment (if already convicted)
Basis
treaty
local state may grant asylum, or
if there is surrender, the same is merely a gesture of comity
Deportation
expulsion of an alien who is considered undesirable by local state, usually
but necessarily to his own state
unilateral act of the local state and is made in its own interests
Extradition
surrender of a fugitive by one state to another where he is wanted for
prosecution or punishment.
Surrender is made at the request of the latter state on the basis of a treaty.
Fundamental Principles:
Based on CONSENT treaty or goodwill
PRINCIPLE OF SPECIALTY fugitive who is extradited may be tried
only for the crime specified in the request for extradition and included in
the list of offenses in the extradition treaty.
State of refuge has the right to object to a violation
Non-list types of extradition treaties offenses punishable under the laws
of both states by imprisonment on 1 year or more are included among
extraditable offenses.
ANY PERSON may be extradited
POLITICAL AND RELIGIOUS OFFENDERS are generally not subject to
extradition
Offense must have been COMMITTED WITHIN the territory or
AGAINST THE INTERESTS of the demanding state
RULE OF DOUBLE CRIMINALITY. Act for which extradition is sought
must be punishable in both the requesting and requested states.
Procedure for Extradition
REQUEST through diplomatic channels, accompanied by necessary papers
Identity of wanted person
Crime alleged to have been committed/convicted
JUDICIAL INVESTIGATION, after receipt of the request, state of refuge
shall investigate to ascertain if the crime is covered by the extradition treaty
and if there prima facie case against the fugitive according to its own laws.
If there is, WARRANT IF SURRENDER and fugitive delivered to the state
of refuge.
Sui generic and not criminal proceedings no automatic application of the
Bill of Rights
Do not involve the question of guilt or innocence of the person to be
extradited
Savarkar Case: Abduction of the fugitive in the state of refuge is not
allowed violation of the territorial integrity of the state of refuge; BUT if
effected with the help of the nationals of the state of refuge itself, then the
state of refuge cannot later demand the return of the fugitive.
RPs Extradition Treaties
non-list types of double criminality approach (no traditional listing of
crimes):
Australia
Canada
Indonesia
Micronesia
Switzerland
Letters Rogatory
Formal communication from a court in which an action is pending, to a
foreign court, requesting that the testimony of a witness residing in such

foreign jurisdiction be taken under the direction of the court, addressed and
transmitted to the court making the request.
Power to issue letters rogatory is inherent in courts of justice
Asylum
Power of the state to allow an alien who has sought refuge from
prosecution or persecution to remain within the territory and under its
protection
Never been recognized as a principle of international law.
Principles on Asylum
Territorial Asylum
Exists when stipulated in a treaty or justified by established usage.
May depend on the liberal attitude of the receiving state, territorial
supremacy
Diplomatic Asylum
Exists when stipulated in a treaty or justified by established usage.
Within narrowest limits or when the life or liberty of the person is
threatened by imminent violence.
Rule in the Philippines
Generally, diplomatic asylum cannot be granted except to members of the
official or personal household of diplomatic representatives
On humanitarian grounds may be granted to fugitives, whose lives are in
imminent danger from mob violence but only during the period when active
danger persists.
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 prosecution by reason of his race, religion,
nationality or political opinion and is unable or, because of 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.
Essential Elements:
outside the country of his nationality or if stateless, outside the country of
his habitual residence
lacks national protection
fears persecution
treated as a stateless individual de jure or de facto
Refugee Convention of 1951: does not deal with admission but with nonrefoulment (no contracting state shall expel or return a refugee in any
manner whatsoever, to the frontiers of territories where his life or freedom
is threatened. The state is under obligation to grant him temporary asylum)
IX. SETTLEMENT OF DISPUTES
International Disputes
Actual disagreement between States regarding the conduct to be taken by
one of them for the protection or vindication of the interests of the other.
Situation initial stage of dispute
Pacific or Amicable Modes
Article 3 of the UN Chapter
Parties to any dispute, the continuance of which is likely to endanger the
maintenance of international peace and security shall seek a solution by:
Negotiation
States settle their differences through an exchange of views between
diplomatic agencies.
Enquiry
Ascertainment of pertinent facts and issues
Tender of Good Offices
Where a third party, either alone or in collaboration with others, offers to
help in the settlement of a dispute.
When the offer is accepted exercise of good offices
Mediation
Third party offers to help with a solution, usually based on compromise.
It offers a solution while good offices brings the parties together.
Conciliation
Active participation of a third party, solicited by the disputants, in an effort
to settle the conflict.
Conciliators recommendations are not binding.
Arbitration
Solution of a dispute by an impartial third party usually a tribunal created
by the parties under a charter known as a compromis.
Judicial Settlement
Similar to arbitration:
nature of the proceedings
binding character of the award
Differences:
Judicial Settlement

Arbitration

Judicial body is pre-existing

Jurisdiction is usually compulsory
Law applied is independent of the
will of the parties
Judicial settlement of international
dispute is now lodges in the
International Court of Justice

Arbitrary body is ad hoc

Optional Jurisdiction Clause

ICJs jurisdiction is based on consent of the parties.
BUT Article 36 of the Statute of the International Court of Justice provides
that states/parties to the Statute recognize the jurisdiction of the Court over
disputes concerning:
interpretation of a treaty
any question of international law
existence of any fact which would constitute a breach of international
obligations
nature or extent of the reparation to be made for such breach
Resort to Regional Agencies or Arrangements
Parties may of their own volition or at the instance of the organization
itself, assume the obligation of settling the dispute.
Hostile Methods
Pacific methods have failed.
Includes:
Severance of Diplomatic Relations
Retorsion unfriendly but lawful, coercive acts done in retaliation for
unfair treatment and acts of discrimination of another state. (e.g. levy of
high discriminatory tariffs on goods)
Reprisal unfriendly and unlawful acts in retaliation for reciprocal
unlawful acts of another state:
Freezing of the assets of the nationals of the other state
Embargo forcible detention or sequestration of vessels and other property
of the offending state.
Pacific blockade prevention of entry/exit from the ports of the offending
state of means of communication or transportation n(could be violative of
UN Charter)
Non-intercourse suspension of all intercourse with the offending state, in
matters of trade and commerce
Boycott concerted suspension of commercial relations with the offending
state, particularly, the refusal to purchase goods.
Intervention
other Peaceful Means
Role of the United Nations
Methods of settling disputes do not succeed, UN may be asked or may
decide on its own authority to take a hand in the settlement
Security Council or the General Assembly
Security Council
Intervene in all disputes affecting international peace and security and in all
disputes which although coming under the domestic jurisdiction clause,
have been submitted to it by the parties for settlement.
Security Council will recommend appropriate measures; consider amicable
measures or refer matter to ICJ;
If unsuccessful, Security Council may recommend such terms of settlement
as it may deem appropriate; and
If the terms of settlement are rejected, Security Council may take:
Preventive Action
Not involving use of armed force
E.g. complete or partial interruption of economic relations, and of rail, sea,
air, postal, telegraphic, radio or other means of communications and
severance of diplomatic relations.
Enforcement Action
By air, sea or land forces as may be necessary to maintain or restore
international peace and security including demonstrations, blockades and
other operations by air, sea or land forces of members of the UN.
Member state is obliged to render assistance in carrying out the measures
decided upon by the Security Council.
General Assembly
If the Security Council because of lack of unanimity fails to exercise its
primary responsibility to maintain peace and security, the General
Assembly shall consider making recommendations including the use of
armed forces when necessary.
X. WAR AND NEUTRALITY
War
Contention between 2 states, through their armed forces, for the purpose of
overpowering the other and imposing such conditions of peace as the victor
pleases.
Does not mean the mere employment of force.

If a nation declares war, war exists though no force has yet been used.
Outlawry of War
Condemnation of war on an international scale
Covenant of the League of Nations: conditions for the right to go to war
Kellogg-Briand Pact of 1928 or General Treaty for Renunciation of War:
forbade war as an instrument of national policy
Charter of the United Nations: prohibits the threat or use of force against
the territorial integrity or political independence of a state.
Commencement of War
Declaration of war
Rejection of an ultimatum
Commission of an act of force regarded by one of the belligerents as an act
of war
Effects of Outbreak of War
Laws of peace cease to regulate the relations between the belligerents and
are superseded by laws of war;
Third states are governed by laws of neutrality in their relations
with the belligerents;
Diplomatic and consular relations are terminated;
Representatives are allowed to return to their countries;
Treaties of political nature are automatically cancelled, except those
intended to operate during the war;
Multipartite treaties dealing with technical or administrative
matters are merely
suspended as between belligerents.
Individuals are impressed with enemy character:
Nationality test nationals of the other belligerent, wherever they may be
Domicillary test domiciled aliens in the territory of the other belligerent
on the assumption that they contribute to its economic resources
Activities test if being foreigners, they participate in the hostilities in
favor of the other belligerent
Corporations and other juridical persons are considered enemies:
where the controlling stockholders are nationals of the other belligerent OR
if incorporated in the territory or under the laws of the other belligerent and
may not be allowed to continue operations.
Enemy public property found in the territory of the other belligerent at the
outbreak of the war is subject to confiscation;
Private property is subject to requisition.
State may, in time of war, authorize and provide for seizure and
sequestration, through executive channels, of properties believed to be
enemy-owned, if adequate provision is made for their return in case of
mistake.
Participants in War
Combatants those who engage directly in the hostilities
Non-combatants those who do not
Combatants may be:
Non-privileged: like spies, who under false pretenses try to obtain vital
information from the enemy ranks and who, then caught, are not considered
prisoners of war.
Privileged : who, when captured, enjoy the privileges of prisoners of war:
Regular armed forces
Ancillary services
Accompany the armed forces
Levees en masse, inhabitants of unoccupied territory who, on approach of
the enemy, spontaneously take up arms to resist the invading troops without
having had time to organize themselves, provided they carry arms openly
and observe the laws and customs of war;
Franc tireursm, or guerillas, provided they are commanded by a person
responsible for his subordinates, wear a fixed distinct emblem recognizable
at a distance, carry their arms openly, and conduct their operations
according to the laws and customs of war; and
Officers and crew of merchant vessels who forcibly resist attack.
Rights of Prisoners of War
1949 Geneva Convention
Treated humanely
Not subject to torture
Allowed to communicate with their families
Receive food, clothing. Religious articles, etc.
Spies
Individual is deemed a spy only if,
Acting clandestinely or under false pretenses
He obtains or seeks to obtain information in the zone of operations of a
belligerent
With the intention of communicating it to the hostile party.
When captured, may be proceeded against under the municipal law of the
belligerent.
Although under the Hague Convention, may not be executed without a trial.

But if captured after he has succeeded in rejoining his army, must be treated
as a prisoner of war.
Scouts or soldiers in uniform who penetrate the zone of operations of the
hostile army to obtain information are NOT spies.

Passport
Written permission given by the belligerent government
To the subjects of the enemy
To travel generally in the belligerent state

Mercenaries
Protocol I to the 1949 Geneva Convention
Mercenaries shall not have the rights of combatants or of prisoners of war.
To be considered a mercenary
The person must be a specially recruited to fight for a particular armed
conflict
Must take direct part in the hostilities
Motivated essentially by the desire for personal gain and is provided
material compensation substantially in excess of that promised or paid to
combatants of similar ranks and functions in the armed forces of that party.

Sage-conduct
Permission given to an enemy subject or to an enemy vessel
Allowing passage between defined points

Conduct of Hostilities.
Three Basic Principles
Principle of Military Necessity
The belligerent may employ any amount of force to compel the complete
submission of the enemy with the least possible loss of lives, time and
money.
Principle of Humanity
Prohibits the use of any measure that is not absolutely necessary for the
purposes of the war.
Humanitarian Convention in Armed Conflict
The right of the parties to adopt means of injuring the enemy is not
unlimited
Parties are prohibited to launch attacks against the civilian population as
such
Distinction must be made at all times between persons taking part in the
hostilities and members of the civilian population, to spare the latter as
much as possible.
Enforcement action undertaken by UN is not war in the traditional sense, as
it is employed only to maintain international peace and security,
humanitarian rules of warfare should still govern.
Principle of Chivalry
Prohibits the belligerents from the employment of perfidious or treacherous
methods.
Belligerent Occupation
Temporary military occupation of the enemys territory during the war.
Maintains effective control and military superiority and being able to send
sufficient forces to assert its authority within a reasonable time.
Effects
No change in sovereignty, but exercise of the powers of sovereignty is
suspended.
Political laws, except the laws on treason, are suspended.
Municipal laws remain in force.

Safeguard
Protection granted by a commanding officer to enemy persons or property
within his command
Usually with an escort or convoy of soldiers providing the needed
protection.
Licenses to Trade
Permission given by competent authority to individuals to carry on trade
though there is state of war.
Suspension of Hostilities
Suspension of Arms
Temporary cessation of hostilities
By agreement of the local commanders
For the purposes of gathering of the wounded and burial of the dead
Armistice
Suspension of hostilities within a certain area or in the entire region of the
war
Agreed upon by the belligerents
Usually for the purpose of arranging the terms of the peace
Cease-Fire
Unconditional stoppage of hostilities
Usually ordered by an international body
Truce
Conditional cease-fire for political purposes
Capitulation
Surrender of military forces, places or districts in accordance with rules of
military honor.
Termination of War
Simple Cessation of Hostilities
Principle of uti possidetis with respect to property and territory possessed
by the belligerents is applied.
Conclusion of a negotiated treaty of peace
Defeat of one of the belligerents
Followed by a dictated territory of peace or annexation of conquered
territory.

Rights and Duties of Belligerent Occupant

Re-establish or continue the processes of orderly administration, including
enactment of laws.
Adopt measures for the protection of the inhabitants
Requisition (sequester) goods with proper cash or future payment and
services in non-military projects (Conscription is prohibited)
Demand taxes and contributions to finance military and local administrative
needs
Foraging: the actual taking of provisions for men and animals by the
occupation troops where lack of time makes it inconvenient to obtain
supplies by usual or ordinary methods.
Compensation must be paid at the end of the war.
Issue legal currency
Use enemy property, public or private, but private property is subject to
indemnification or return at the end of the war.

Postliminium
Revival or reversion to the old laws and sovereignty of territory which has
been under belligerent occupation once control of the belligerent occupant
is lost over the territory affected.

Right of Angary
Right of belligerent state, in cases of extreme necessity, to destroy or use
neutral property on its own or on enemy territory or on the high seas

Neutrality and Neutralization

Non-Hostile Intercourse
Flag of Truce
White in color desire to communicate with the enemy
Agent (parlementaire) enjoys inviolability and is entrusted with the duty of
negotiating with the enemy.
Cartels
Agreements to regulate intercourse during the war
Usually on the exchange of prisoners of war

Distinguished from Uti Possidetis

Uti Possidetis alloaws retention of property or territory in the belligerents
actual possession at the time of the cessation of hostilities.
War Crimes
Acts for which soldiers or other individuals may be punished by the enemy
on capture of the offender.
War Criminal: any person civilian or member of the armed forces of the
State, who commits an act that violates a rule of international law
governing armed conflicts

Neutrality
Non-participation in a war between contending belligerents
Exists only during war
Governed by the law of nations
Naturalization
Result of a treaty wherein conditions of the status are agreed upon by the
neutralized state and other signatories
Exists both in times of war and of peace
Governed by the agreement entered into by and between the parties
A permanently neutral or neutralized state is one whose independence or
integrity is guaranteed by other states, under the condition that such state
binds itself never to participate in an armed conflict or military operation
except for individual self-defense.

In Cold War, the states which sided with neither the democracies nor the
communists were referred to as neutralist or non-alligned states.
Non-belligerency did not take part in military operations but which did
not observe the duties of a neutral.
Mid-way between a neutral and a belligerent
Not recognized in international law
Neutrality under UN Charter
Because of enforcement action that UN may undertake, absolute neutrality
cannot exist among UN Members
Rules of Neutrality
Neutrals have the right and duty:
Abstain from taking part in the hostilities and from giving assistance to
either belligerents by:
Sending of troops
Official grant of loans
Carriage of contraband
Contraband goods which, although neutral property, may be seized by a
belligerent because they are useful for war and are bound for a hostile
destination.
Absolute useful for war under all circumstances (guns/ammunitions)
Conditional have both civilian and military utility (food and clothing)
Free list exempt from the law on contraband for humanitarian reasons
(Medicines)
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 Infection innocent goods shipped with contraband may also
be seized
Doctrine of continuous voyage/continuous transport goods reloaded at an
intermediate port on the same vessel or reloaded on another vessel or other
forms of transportation may also be seized Doctrine of Ultimate
Consumption
Engaging in Unneutral Services acts of a more hostile character than
carriage of contraband or breach of a blockade, undertaken by merchant
vessels of a neutral state in aid of any of the belligerents.
To prevent its territory and other resources from being used in the conduct
of hostilities
To acquiesce to certain restriction and limitations which the belligerents
may find necessary to impose:
Blockade hostile operation where vessels and aircraft of one belligerent
prevent all other vessels (including neutral states) from leaving or entering
the port or coasts of the other belligerent; Purpose shut off the place
from international commerce and communications with other states.
(Pacific Blockade: applies only to vessels of blockaded stated, not to those
of others)
To be valid:
blockade must be binding (duly communicated to neutral states)
effective
established by competent authority of belligerent government
limited only to the territory of the enemy
impartially applied to all states
*LIABILITY OF A NEUTRAL VESSEL TO CAPTURE FOR BREACH
OF THE BLOCKADE IS CONTINGENT ON ACTUAL OR
PRESUMPTIVE KNOWLEDGE OF THE BLOCKADE.
Visit and Search to the authority of the prize courts
Belligerent warships and aircraft have the right to visit and search neutral
merchant vessels to determine whether they are in any way connected with
the hostilities.
Vessels captured for engaging in hostile activities are considered as prize.
They may not be confiscated summarily but brought before prize court a
tribunal established by a belligerent under its own laws; in its territory or
territory of its allies; applying international law in the absence of special
municipal legislation.
Termination of Neutrality
Conclusion of a treaty or peace between belligerents
Neutral state itself joins war