Election law

09/05/2014

Review on the 3 term limit rule of the LGU

elements of the 3 term limit rule
1. official has been elected
2. had been elected 3 consecutive terms on the same position
3. full service for 3 consecutive terms
problem no. 1
case of borja vs comelec
1993 x the vm succeeded y who died and vm served mayor until 1995
2 consecutive term x the vm became mayor. Ran in the 2001 elections his
candidacy question kai 4th term na daw
solve:
x was not elected when he became mayor in 1993
he was elected yes but for VM when he assumed mayor he was not
elected as mayor; he only succeeded.
there is consecutive only for 2 terms
the term served must be one for which the official concerned was
elected
problem no 2
x elected and served
1995 re elected and served his term middle of last term comelec rules
that not validly proclaimd comelec ordered him to step down and he
adhered.
1998 election he run for mayor.

questioned for violation of 3 term limit

solve:
there was interruption. as we learned the idea of interuption connotes
involuntariness on the part of the official. and involuntary because he was
ordered to step down
example of voluntary is when he stepped down or abandoned or resigned.
in this case ther eis involuntary interruption the case of lonzanida cs
comelec
problem 3
elected mayor 2 terms
ran for mayor and lost Y on his third term was recall election in year 2000
x participate in recall election and he won. Ran for mayor in 2001.
4th term na daw.
solve:
sc said there was interruption int he continuity of the office the element
of consecutiveness.
when he lost in 1998 and elected in recall election. He was a private
citizen before the recall election
prob 4
x elected in 3 consecutive term in 2001 he did not run mayor was
recalled he participated the recall election. Gi question siya
solve:
there was an interruption it is physically impossible to be private citizen
for just one day. Applying the ruling of the court you are a private citizen for
1 day. There was a break in the consecutiveness.

prob 5
x mayor of municipality of 3 consecutive term. mun became a new city x
want to be mayor of new city kai new LGU so it should be a fresh term on
the part of X.
was x qualified?
SC said no he cannot. The argument the it is a new LGU it would circumvent
the mandate of the 3 term limit rule. It is mandated by the code but also
by the constitution.
he would serve the same territory same jurisdiction and same constituents
for a possible of 18 years.
LATASA VS COMELEC
Problem 6
x elected and served mayor
mid term elected and served protest filed not decided right away
3rd term na dayun
only during the 3rd term that comelec ruled with finality that x is not the
winner during the middle term
ingun x kung di diay siya winner then it is already an interruption.
sc said no kai even if de facto officer. That service shall be considered
against the officer. He was a de facto officer but it was counted against
him
francis ong vs alegre
problem 8
bolos jr vs comelec
abandonment is a voluntary renunciation
94 97 an d2002
elected as punong barangay
2004 mu end unta ang term ni x. wa niya humana ang 2002- 2005 term
he was to run and won as municipal councilor
pag 2007 there was election sa punong barangay. The same barangay
there was an objection kai 4th term na daw the 2002-2007 should not be
counted daw kai serving as municipal councilor

sc said that the interruption was voluntary renunciation should not cause
the interruption daw
problem 9 aldovino
preventive suspension is not an interruption. Coz we speak an event that
cause an interruption it would cause an involuntary loss of the position.
there is no involuntary loss of title. Therefore sili siya na interrupt
problem 11 abondo sr vs comlec
4 election 01 04 07 10
mun mayor 01 and 07 he was mayoralty winning candidate.
in 2004 election the mun board of canvasser proclaimed b and not a who
performed the functions of the mayor iya gi contest so na grant nga siya ang
winner. So vlaid to siya. Was a qualified to run for the 2010 elections?
diba pag 2004 wa man siya ni daog ni assume ra siya office pag hapit na
ni end ang term should it be counted against him?
if we say that b was a defacto officer from 2004- 2006 conversly it should
not be counted against the de jure officer so he did not serve the full 3
terms.
it was in this case that the SC narrated all the possible scenario of the 3
term limit rule.
(abundo vs comelec 2013)
the 2 year period during which his opponent torres was serving as mayor.
Should be considered as an interruption which effectively removed abundos
case from the ambit of the 3 term limit rule.

another update in election law

in the news 3 or 4 days ago. the sc nullified the rule on computation or
restrition to the airtime campaign instead of the more stingent totatlity rule
(aggregate) gi balek na siya per station. more on the unreasonable
restriction of the freedom of expression
overbreadth kai if reason the comelec sa prevent the advantage sa rich
candidates to air the campaign there is still a limitation to that. Di daw
necessary nga aggregate kai pwede ra per station.
limitation of election expenditure nalang. kung dato ka cge suwaye
lang basta mu comply ka sa limit sa expenses.
Kai og mu ingung siya nga daghan siya kwarta hutdon niya ang 120
minutes sa per station. Di gehapon niya ma himo kai naa man
imitation sa expenditure..

PUBLIC INTERNATIONAL LAW

Inter-national (book of henssen)
governing nations
modern definition
no longer focus on states.
instead you write
international persons
the body of rules and principles of action which are binding upon civilized
states in their relations with one another.
even individuals may be considered as possessing international
personality under certain conditions
Section 101 of the Restatement of the law by the American law
Institute of the American law institute of foreign relations law of the
united states:
rules and principles of general application dealing with the conduct
of states and of international organizations and with their relations
inter se as well as with some of their relations with persons,
whether natural of juridical.
Note: Little by little the US-SC applied the restatements as instructive in
solving the legal controversies before them.

note: importante ang definition sa public international law

subject of international law
subjects are those who possess international legal personality
capable of possessing international rights and duties
including rights to bring international claims
personality

 rights and duties

bring international claims
primarily: states
secondarily:
international organizations (UN , WHO)
individuals ( protected person of IHL, insurgents and national
liberation movements, minorities)
juridical persons (multinational companies)
NGOs
o case reparation of injuries case (icj advisory opinion 1949)
even the Philippines agrees that the international organization are
considered international organizations 2014 case ( an executive agreement)
Land bank of the Philippines
loan agreement with international bank
sc said that even an IBRD is an international person. Involving land
bank the reason why sc said that the phils should comply with the
terms and conditions of the agreement because of the pacta sunt
servanda. Loan agreement is considered an executive agreement
even without the concurrence of senate. The international
agreement is similar to a treaty and can be entered into by states.
Cannot used treaty if not between states although naa convention
on treaties entered by states and international organizations.
possess international personality
even sc said that this bank is an international financing corporation
then pacta sunt servanda will apply.
Even NGO can but depending sa ilang participation sa international x x x
x
Sources of international law (favorite daw na)
objective unsa sources or customary international law
sources (formal or legal) of PIL
art 38(1) statute of ICJ

PRIMARY:
International convention
international custom
general principles of law
Subsidiary:
Judicial decisions and teachings of most highly qualified
publicists.
Note: there are 4 divided into primary and subsidiary
subsidiary meaning in the absence of treaties and customs
international conventions/ treaties
Whether general or particular and establishing rules expressly
recognized by the contesting states
the term convention includes ( and actually means) treaty
other terms: agreement, pact, understanding, protocol, charter,
statute, act, convent, declaration, engagement, arrangement,
accord, regulation and provision
law-making treaties vs contract treaties
in regard to the law on treaty. The law perceived should only cover law
making treaties daw. So kana daw contract treaty for business di dawn a
governed by the Vienna convention on the law on treaties dapat daw kai
private international law. Ordinary contract. This is just a normative
approach than explaining the rule on the matter.
in our case wala ta mag deal ana daw.
tax laws
treaties man gane diay nang mga treaty exemptions on taxes
in the US nag distinguish na sila og executing and non self executing

CUSTOMARY INTERNATIONAL LAW

Evidence of general practice accepted as law
customary international law results from a general and consistent practice of
states followed by them from a sense of legal obligation
2 elements
objective element (general practice)
subjective element (opinio juris)
the paquete habana case
facts: the fishing vessels of spain were captured by the US Armed Forces
as prizes of war. It was established that the vessels were not aware of the
existing was between spain and US
held:
it is customary international law that coast fishing vessels, pursuing their
vocation of catching and brining in fresh fish are exempt with their cargoes
and crews from capture as prize of war. This is the US has also recognized as
law as shown in the various treaties it had entered into in the past.
state practice (evidence)
no requirement on unanimity only general practice.
CIL may be regional or international because of the variant of cultures and
practices so naa gyud nang regional international law. Higher lang
compared to international CIL
sc said naa daw general practice
1403 and 1406 England of King Henry IV protecting fishermen of
foreign states.
1521 treaty between emperor Charles v and francis I of france
1536 dutch permitted herring fishing in time of war
during American war
us entered treaty calling for protection of fishermen in times of war.
US and mexico also.

o general practice performed and affected states

so mao na ang relevant state practice.
Nicaragua vs USA 1986
facts:
following the overthrow of the right wing government in Nicaragua in
1979, the US in 1981 ceased economic aid on the ground that the left wing
Sandinista government in Nicaragua had aided the guerillas fighting against
the el Salvador government with which the US enjoyed good relations.
Nicaragua complained of violations of customary international law when the
US used armed forces against it and when it provided assistance to
Nicaragua guerrillas ( the contras) who has been fighting to over throw the
Sandinista government. The US denied ICJ jurisdiction on the basis of a
reservation it made to the jurisdiction of the ICJ in matters that involve
multilateral treaty. Nicaragua argues that customary international law had
not been suspended by the UN charter.
Ingun ang ICJ daw kai WON it was codified in the UN charter they
did not lose their character as CIL
it may co exist with a treaty or convention. CIL and treaty pwede ra
2 kinds of treaty in relation to CIL.
o May be clarification of existing CIL
Apply to this case should not be effect to diminish CIL
when codified in the treaty.
treaty or convention may just be a manifestation or a
progressive development of an existing international
law.
o May develop a new norm and replace with an new one
A treaty or a convention can actually override an existing
CIL. Treaty or convention may be evidence of a new
international law
only CIL that treaty cannot violate is CIL that is already
achieved status of a jus cogens norm
o peremptory norm where no derogation is allowed. It
may be a progressive development of a CIL.

CIL law norms involved (1994 Bar) NICARAGUA VS US

1. PRINCIPLE OF NON-INTERVENTION
the us trained armed equipped and financed the contras
2. PROHIBITION AGAINST VIOLATION OF SOVEREIGNTY OF
ANOTHER STATE

3. PROHIBITION AGAINST USE OF FORCE AGAINST ANOTHER STATE

4. RIGHT TO SELF- DEFENSE (art 51 un charter) REQUIRES ARMED
ATTACK AGAINST THE INVOKING STATE

GENERAL PRINCIPLES OF LAW

recognized by civilized (peace-loving) nations;
aimed at providing solutions to controversies where treaty law or
customary law provides to guidance;
"law refers to both international law and municipal law
(common municipal LAW)
examples:
good faith
estoppel
exhaustion of local remedies
prescription
south-east africa case (2nd phase, ICj report 1966);
barcelona traction case (belgium vs sapin, 2nd phase, ICJ report, 1970)
NOTE: NAA BA NI SILA HEIRARCHY?
travois perpetua
did not show evidence nga treating this as hierarchy
dugay debate
ended up with no hierarchy I primary and subsidiary nalang na.

10

first argument was: dapat may priority or mas authoritative and

treaty or convention over CIL kai evident na siya visible tangible
observable and intent sa parties. So the intent to be bound by the
terms and conditions are express so intent to be bound observable
tangible visible. Unlike on CIL where you rely on inferences and
open to persistent objector doctrine
o state cannot be bound by CIL if at the outset b4 formation of
CIL the state concerned categorically objected to the
application of the norm to its territory.
importante and at the outset before ne CIL siya
consistent ang ingun nila nga dili sila mag pa bound sa
norm

opinion juris on that particular practice daw. SC official pronouncements,

verbal or written. Maybe nag ingun lang ang Phils without advice.
statute daw apil na naa statue gi pass copying or transpose and
international norm then we believe in the character of that norm kai gi
himoan gud og statute.
on the other hand treaty convention di daw mas persuasive kai treaty
and convention kai valid and binding only to the parties on the convention or
treaty concerned. Whereas ang CIL naa na ang general state practice.
Convention and treaty only on the parties concerned. Between state a
and state b treaty it is an international law bet state a and state b. so ang
iyang scope is not all encompassing nga nag require og general state
practice. Treaty or convention b aka or CIL so they decided NGA WA
NALANG ANG HEIRARCHY so no specific source of law nga naa persuasive
effect ac=gains the other except JUS COGENS
ex aequo et bono: A decision in which equity overrides all other
rules.
Art 38(2) ICj statute:
the list of sources in art 38 (1) shall not prejudice however the ICj to
decide the case on the basis of other rules, if the parties agree thereto.
Possible to disregard the rules applicable to parties in ICJ If
they agree and the ICJ will be allowed to apply the rules of
equity other than the rules found in the treaty.
Difference of custom and usage? BAR
Customs- elements of state practice
If practice not yet CIL but state practice just the same but lacking is
OPINIO JURIS. Is absent. Usually we call it as a mere usage.

11

CUSTOMS- is a practice that states believe themselves to be under a

legal obligation to follow ( opinion juris) ( state immunity)
USAGE- is a practice that states generally follow without believing
themselves legally bound to do so (ex alternat)
so ang no.1 nga state sa I ratify sa president kai ang state nimo
example: kai Philippines arun naa equality among states. Walay
inferior and walay inferior among state
treaty signed by representative
ratified by the president
concurrence of the senate
phil sources of international law
incorporation clause
section 2 art 2 1987 constitution
we adopt the incorporation
we adopt transformation
treaties assuming they do not represent international law, the provisions
become part of the law of the land the moment it is concurred by the
senate ( it is transformation)
feb 2014
the phils is bound to
case of ocampo vs obando
justice leonen said (international humanitarian law)
naa gi prosecute nga mga rebelde, NDF, CPP, NPA
naa daw nai sila gi tawag nga perging nga system nga ang member or non
member who are military informers kai gipang salvage. Daghan daw
patay lawas mga bukog.
IHL and the rules and principles contained in the Geneva conventions are
largely regarded in the international sphere as having the character of
general or customary international law given the fundamental nature of
the rules and because they constitute intrangressible principles if
international customary law.
in the phils, rep act no. 9851 was enacted in view of its policy to renounce
war.., (adopt) the generally accepted principles of international law as
part of the law of the land and (adhere) to a policy of peace, equality,
justice, freedom cooperation and amity with all nations.
feb 11 2014 ocampo case
12

090614 SATURDAY
feb 7 2012 china machinery and equipment corp vs stamaria
2 years earlier in this case of china machinery and equipment corpo
sc distinguished an executive agreement and a treaty
o executive agreement is narrower in scope compared to a
treaty.
3 elements for exec agreement to exist.
Must be between states
written
governed by international law
international level treaty x x x x. As long as those elements are present
entered by states written and to be entered into international law. Governed
by the law on treaties or VCLT
executive agreement vs treaty
executive agreement is similar to a treaty except that the former
o does not require legislative concurrence
o usually less formal
a treaty is an international agreement concluded between states in
written form and governed by international law, whether embodied in a
single instrument
land bank of the philippines july 2 2014 vs atlanta industries.
Parties are not states. One is a lending institutions organized by
world governments.
it was likened to a treaty only because IBRD was considered as
possessing international personality pacta sunt servanda was
applied in this case.
biraogo vs del rosairo
foreign affairs is a prerogative of the executive department and this
prerogative being discretionary cannot be compelled by mandamus.

13

here biraogo petition the court that the sec of dept of foreign affairs
be compelled to pursue our claim over sabah.
sc said it is not subject to mandamus because it is not a ministerial
duty.
o It involves conduct of international relations

navia vs pardico june 19 2012

sc discuss concept of writ of amparo and sc traced the history of the
writ and basically taken from the international convention on the
enforced disappearance
the arrest detention abduction or any other form of deprivation of
liberty. By agent fo the state or by person or groups of persons
acting within the authorization support or acquisence of the state,
followed by the refual to acknowledge the deprivation of liberty or
by concealment of the fate or whereabouts of the disappeared
person, which place such person
kuroda vs jalandoni
when phil created military commission to prosecute certain military
officers for war crimes during WW 2
Generally accepted principles of international alw of the present
day, including the hague convention, the Geneva convention and
significant precedents in international jurisprudence.
regardless of the fact nga di ta member sa hague convention wala
man objection sa organization

USA vs guinto
doctrine of state immunity
states are not always liable for consequences of their acts. Only
proprietary
acts that are governmental then the foreign state may invoke state
immunity.
o contracts:
jus imperii and jus gestonis

14

there is no question that the USA like any other

state will be deemed to have impliedly waived its
no-suability if it has entered into a contract in its
proprietary or private capacity, it is only when the
contracts involvs it sovereign or governmental
capacity that no such waiver may be implied. This
is our uling in states of America vs ruiz. Where
the transaction in question dealt with the
improvement of the wharves in the naval
installation at subic bay. As this was clearly
governmental function, contract did not divest
USA

act 3083
subject to the provisions of this act hereby consent and submit to be sued
upon any moneyed claim involving liability arising from contract, express or
implied, which could serve as a basis for civil action between private party
ca no 327
o 2 months on COA to decide WON to accept or decline a claim
pd 1445
o claim rejected the claimant may go to the SC for certiorari.
Philippine practice.
International law vs municipal law
which law prevails in conflict?
Apply the theory on the monism and dualism
monism
o there is only a single legal system in this world and influenced
by the natural law theory. Natural law meaning conflict of intl
law and domestic law then the international law prevails for a
monist view
dualist
o depending on the forum deciding.
o if international forum them international law and domestic but
not absolute rule
matter of expectation no duty of any domestic court to
be domestic in its approach
how does international law part of domestic law?
incorporation and transformation
incorporation- influence by monism principle of international law become
part fo the law of the land. Section 2 art 2 phil adhere
15

transformation- process where intl law part of domestic by affirmative act of

the government. Congress or executive or judiciary
international law may be part of the domestic law by enactment of
the law
by conscious application of domestic
or by the SC applying international law principle in the particular
controversy.
There is the strong and weak transformation.
strong- restrictive transformation. Process requires that intl law part of
law of land but conditions appli
weak transformation- allow the transformation of intl law allows
transformation other than congressional acts
in the phils we can transform intl law on congressional, executive or SC
decision
in England it is strong transformation- intl law par tof law of the land only
when transformed via acts of parliament.
status of the Public international law in the phil legal system?
GAPIL- treaty concurred by the senate similar to statues in our country
and the usual rules in stat con conflict of treaty and our own statute, except
when local law polic power and public policy that declared in ichong vs
Fernandez our statues will prevail over treaties when they are polic power
measures
TBPILconflict between Russia and Ukraine
- involves cremea. Imu examiner ngita current issue it can be one issue
involves situtaiton of statehood different scenarios where study
statehood.
Determination of statehood Scenarios
break up of large state into several states
secession by part of a territory.
Is there a right to secedes?
If yes under what condition. Can secession be done unilaterally?

16

continuing issue but SC decision that was found or considered by

authroities as instructive. Sc of Canada issue on quebec.
when unilateral secession be made?
the right to spearate and the right to the state to the territorial
integrity. Better formula daw sa sc of Canada. (1998)
o basically therefore the rule is territorial integrity and a group
of persons may only separate when done by constitutional
process
o second rule where that rule exercise the right to self
determination ask 2 question
right been recognized and addressed by the national
government.
if addressed sila then they are not deprived of the right
on self determination.
if there is a valid exercise a right of self determination
and rejected or denied by the government the group
may unilaterally secede.

The right to external self determination- only generates

at best a right to external self-determination
o peoples right to self-determination people are fighting
against colonial domination and alien occupation and against
racist regimes in the exercise of the right to selfdetermination.
o is now protected by the laws of war and that its members are
entitled to prisoners of war
Foreign control is exercised over the affairs of a state
merger or union
claims by constituent units

remember the 2 theory on recognition of states

legal effect of recognition of states in international law
1. constitutive
2. declaratory
even before recognition the state has the right to defend integrity and
independence.

17

JURISDICTION
the clear manifestation of sovereignty. State exercises sovereignty
by jurisdiction
jurisdiction to prescribe law
make the policy applicable to persons or activities. Enactment of
statues for example
art 2 or RPC the extra territorial application
jurisdiction to adjudicate
judicial
jurisdiction to enforce
executive
criminal jurisdiction
there are 4 basic principles on criminal jurisdiction
territorial
o subjective vs objective
o subjective- jurisdiction to prosecute or punish crimes within
the territory of the state but completed or consummated in
another state.
ex. X state a long range rifle killed Y instate B. so the
Q: which state has the proper jurisdiction over the
crime.?
A: depend on the state exercising jurisdiction. State a
commence ang crime and then the court has option to
exercise jurisdiction where it has to apply the subjective
territorial principle.
o Objective- target = certain states apply their territorial
jurisdiction to offenses or acts commenced in another state,
but 1 consummated or completed within their territory 2
producing gravely harmful consequences to the social or
economic order inside their territory. ( where the crime was
completed)
universality
nationality principle
o active vs passive
o active- states may regulate the conduct of their nationals
whether they are in world ( actor)
o passive nationality- a state may prescribe law for situtations
where its national are a victim of the conduct being regulated
this has limited scope, usually applicable to terrorist
attacks. (victim na)

18

mere citizenship dili na siya ma equate as nationality

principle. In PIL there must be real and effective link between
the national (supposed) and the state.
notebom case (effective nationality theory)
Liechtenstein vs Guatemala 1955
nationality as a basis for exercising jurisdiction
must be REAL AND EFFECTIVE to give a right to a
state who has conferred it. Real and effective link
with the state of nationality theory.
USA vs Usama bin Laden 2000
defendants are charged with a variety of crimes stemming from
the august 1998 bombings.
protective principle
o

US courts have more leeway and more aggressive application of all of

this over protective principle.

protective principle in jurisdiction

A state can legislate crimes that it considers to be a threat to its
security, integrity or economic interests.
common examples: espionage, counterfeiting
restatement 402 a state has jurisdiction to prescribe the law with
respect to (3) certain conduct outside its territory by persons not its
nationals
US vs romero-galue 1985
Panamanian ship outside the territory of any court in the high seas US
courts affirmed the validity fo the US protective theory. Kai mag dala man og
prohibited drugs to the US threat to the security of the US narcotics.
atty general of govt of Israel vs Eichmann 1961
Israel tried and convicted adolf Eichmann, who had been captured by
Israeli agents in argentina and brought to Israel for trial. Eichmann was
charged of committing crimes against jewish people, crimes against
humanity war crimes and membership in hostile organization as defined in
israels Nazis and nazi collaboration punishment law.
pinochet case

19

dictator in chile and allegation of torture against Spanish citizen sin chile
when ousted by the democratic group. he went to England for medical
purpose and he was arrested there spain issued an international warrant of
arrest he was arrested in engalnd and spain wanted to exercise jurisdiction
over Pinochet. Spain invoked universal jurisdiction because the crime
committed is a universally punished as torture acts of torture are considered
as customary international law and CAT as clear manifestation as a CIL.
Convention against torture.
spain relied on nationality principle kai Spanish man daw.

extradition
no treaty no obligation to extradite
pacta sunt servanda applies
dual purpose: 1 prosecution 2 execution
could not cover political offenses
attentat clause- unsa man ni? Found in extradition treaty. That a
mere killing of a head of state does not provide a political offense.
there is what we call the right to asylum
rule of specialty must be followed
what are the crimes subject of extradition
1. Considered listed
2. Application of double criminality principle.
o even if crime not listed but punished in both states then may
be extradition
lets say murder it is a violation of due process and international law
not allow the prosecution of an extradite for another offense. Unta
extradite kai murder nay sa laen nga state rape di na pwede dapat
og unsa ra ang gi extradite.
ex post facto law prohibition does not apply
so pwede siya crimes committed in the past.

legality of abduction of criminals in foreign territory

3 modes of rendition
extradition

20

deportation
abduction
o kani abduction wala ni ma institutionalize.
Theoretically if you abduct a criminal from foreign soil violation
of international law. Principle of non intervention
male captus, bene detentus wrongfully captured validly detained.he
illegall apprehension will not necessarily affect the jurisdiction of the
apprehending state
o justification is that any capture of a criminal is not a function
of the court. For as long as. The person / criminal arrested
when already in court will be afforded due process and the
rules on criminal procedure and the other rules presumed
innocent. All will still be applied. Sc said that di mu matter
ang manner for abduction or capture ang importante he is
afforded his rights.
ker vs Illinois
frisbie vs Collins 1952
alvarez vs machain 1992
abduction and of itself does not invalidate the prosecution against a
foreign national.
EXCEPTION:
unless the criminal was secured through torture and brutality
US vs toscanino
they traced back
he end justify the means ang naa sa past.
development of the international humanitarian law. The SC said
that due process would now require to divest itself of jurisdiction
ove rht eperson of defendant where it has been acquired as the
result of the governments deliberate, unnecessary and
unreasonable invasion of accuseds constitutional rights.
few months after toscanino
the case of LUJAN VS GENGLER 1974

21

ni balek sila sa ker frisbie

applied male captus
mere kidnapping or abduction will not divest the court of jurisdiction
sa toscanino man gud kai gi torture man to siya. And in fact the law
enforcers dit it infront of his wife.
in the case of lujan he was kidnapped and detained in a secret palce
but there is no allegation of brutality. ( physical man gud ang idea
of brutality)
so ni balek ang court sa male captus bene detentus

head of state and diplomatic immunity

2 kinds of immunity
rasione and personae
immunity ratione personae
we look at the person and the law as applicable to the person, as
the head of state or is he a diplomat
incumbent
immunity ratione materiae
former official head of state or a diplomat

what is the rule on the immunity of the head of state? Is he immune from
suit.
during incumbency he is immune from suit. Even foreign ministers
and diplomatic officials are immune from arrest detention and
processes ( case of congo)
head of state
absolute in all cases
civil criminal international crimes

22

Belgium vs congo
international crime immune basta incumbent.
diplomats
absolute only in criminal jurisdiction
civil jurisdiction he is not immune under certain cases
total immunity for diplomats sa criminal jurisdiction declare the
diplomat as persona non grata. ( ungreatful person) specifically applicable to
diplomats. Not to fellow Filipinos.
of the receiving state and the only remedy available to the receiving
state is to declare the diplomat persona non grata. The immunity of
the diplomat whether official or not. In terms of civil jurisdiction,
diplomats are immune from the civil jurisdiction of the receiving
state except in the 3 cases. The immunity of diplomats extends to
arrests and detentions ( see DR of Congo vs Belgium 2002)
regardless whether it is done in the official capacity or not.
after the incumbency the head of state may be prosecuted
except for acts done in his official capacity.
for acts under official capacity so maskin after tenure exempt gehapon
siya
Pinochet case torture maskin in duty it is not considered as official kai
violation man sa norm nga nag prohibit sa torture.
skip treaty law.
the law of the sea
governed by UNCLOS 1982 III

23

basic

zones
internal waters
territorial seas
contiguous zones
exclusive economic zone
high seas

baseline (low-water mark method vs straight baseline method)

magallona vs ermita
o upheld as valid
did not expand but only defined
SA ARCHIPELAGIC STATE USE THE STRAIGHT BASELINE METHOD
limitations
not depart from the form of the crchipelago
the water to land ratio should not exceed 9:1 (water : land mass)

high sea dili na siya considered as international waters.

- international waters man gud kai after na sa territorial seas.
internal water
port harbor river canal
the coastal state can prohibit entry into its internal waters by
foreign ships except for ships in distress

24

when already within internal waters, different legal question.

territorial sea
exception right of innocent passage
o not prejudicial to the state.
territorial sea kai 12 NM from baseline
point where dry land mass meet during low tide.
rights of ships of innocent passage. Navigation through the territorial sea
with the ff purposes:
traversing the sea
proceeding to or from internal waters
meaning of innocent passage
passage is innocent so long as it is not prejudicial to the peace,
good order or security of the coastal state. Such passage shall take
place in conformity with the convention and with other rules of
international law.
passage of foreign ship sall be considered to the prejudicial to the
peace good order or security

civil jurisdiction in relation to foreign ships art 28 UNCLOS

criminal jurisdiction art 27 UNCLOS
contiguous zone
24 nm from the baseline

25

protective jurisdiction

EEZ art 55 UNCLOS

specific regime
it has to be claimed by the coastal state. ( sovereign rights /
economic rights)
o if you cannot exploit the national resources. You should enter
into the states
o continental shelf- imu gyud na cannot be joint nga
exploitation without your consent.
Ilawm sa seabed and subsoil (minerals) mao na ang subject sa
sovereign rights.

environmental law (international)

know the principles trail smelter case on transboundary harm
WON these norms are CIL.
do not disregard international humanitarian law.!!!
possible examiners 80% kai good background in international
humanitarian law. Basaha please. Principles of international humanitarian
law and the principle of international criminal law
The Sangguniang Panlalawigan is the primary tribunal responsible in the
amicable settlement of boundary disputes between or among two or more
municipalities located within the same province.
Uncer LGC 1991 major change that in the event the Sanggunian
Panlalawigan cannot settle it shall:
Issue a certification to that effect
Formally hear and decide the case
Aside for the sanggunian to intervene, assist in the amicable settlement,
it is now specifically vested with original jurisdiction to actually hear and
decide the dispute in accordance with law and IRR.
The RTC loses their jurisdiction to decide on these disputes but they only
have appellate jurisdiction ( on appeal), should any party aggrieved by the
decision of the SP elevate the same.

26

Dual characteristics of a public corporation

Governmental delegation a part of the sovereignty of the state
Proprietary pub corp stand for the community in the
administration of local affairs which are wholly beyond the sphere of
public purposes for which its governmental powers conferred.
What is autonomy?
It is either decentralization of administration or decentralization of
power.
Admin- when the government delegates admin powers to political
subdivisions in order to broaden the base of governmental power
and in the process make local governments more responsive and
accountable and ensure their fullest development as self-reliant
communities and make them more effective partners in the pursuit
of national development and social progress
Decentralization of power abdication of political power in
favor of local government units declared to be autonomous.
Autonomous region is free to chart its own destiny, shape,
future with minimum intervention from central authorities.
They become accountable not to the central authorities but
to its constituents.
Local autonomy includes both administrative and fiscal autonomy
(Pimentel vs Aguirre). It includes the power of the LGU to allocate their
resources in accordance with their own priorities, the court declared therein
that local fiscal autonomy includes the power of the LGU to inter alia allocate
their resources in accordance with their own priorities.
Fiscal autonomy means that the LGU has the power to create their own
sources of revenue in addition to their equitable share in the national taxes
released by the national government, as well as the power to allocate their
resources in accordance with their own priorities. Extends to the preparation
of budget, and local official in turn have to work within the constraints
thereof.
Basic feature of fiscal autonomy in the constitutionally mandated
automatic release of the shares of LGUs in the national internal
revenue.
Any amendment done to the LGC as a substantive law should be made in
a separate law and not included within the General appropriations act
because congress cannot include matters in the GAA matters that should be
more properly enacted in the separate legislation.
DEVOLUTION
27

The act by which the national government confers power and

authority upon the various local government units to
perform specific functions and responsibilities

The power of the president over LGU is only of general supervision.

Exclude the power of control.
Supervision vs control
Supervision overseeing or the power or authority of an officer to
see that subordinate officers perform their duties if the latter fails
or neglect to fulfill them, the former may take such action to fulfill
them, the former may take such action or step as prescribed by law
to make them perform their duties
Control- power of an officer to alter, modify, or nullify or set aside
what a subordinate officer has done in the performance of his duties
and to substitute the judgment of the former for that of the latter

Decentralization vs devolution of administration

Decentralization means the devolution of national
administration, not power, to local governments. Local officials
remain accountable to the central government as the law may
provide.
Decentralization of powers the abdication of political
power in the favor of local government declared to be autonomous
The Philippines has not completely relinquished all its powers over local
governments. Only administrative power over local affairs are delegated to
political subdivisions
Local fiscal autonomy does not rule out national government interventions
Requirement that must be met before the president may interfere
with local fiscal matters?
1. unmanaged public sector deficit of national government
2. consultations with the presiding officers of the senate and HR and the
presidents of various leagues
3. recommendation of the secretary of the department of finance, DILG
and DBM
any adjustment in the allotment shall in no case be less than 40% if the
collection of national internal revenue taxes of the 3rd fiscal year preceding
the current one
28

how do you characterize the autonomous government of muslim

Mindanao
was not meant to exercise autonomy in a sense that there is
decentralization of power.
the creation of an autonomous regions shall take effect only when
approved by a majority of the votes cast by the constituent units in a
plebiscite and only those provinces or cities where a majority votes in favor
of the organic act shall be included in the autonomous region.
Total majority votes in the plebiscite on the will of the majority in
each constituent units.
Independent constituent units (not the double majority rule dili na
pwede)
In CAR only Ifugao voted for it. It cannot be the only province
constituting the autonomous region. There must be at least 2 or more
provinces.
Independent component cities
Whose charters prohibit their votes from electing provincial offcials.
Bawal sila mu dagan for provincial elective official di pod pwede sila
maka vote sa provincial.
A president has without power to create by executive order the
municipality of sinacaban
But if it was impliedly recognized and its acts are accorded legal
validity its creation can no longer be questioned.
Municipality of sinacaban, the following factors as having validated the
creation of municipal corporation
1. 30 years the validity of the corporation has never been challenged
2. the facts ff the ruling in pelaez, no quo warranto suit was filed to
question the validity of the executive order creating such municipality
3. the municipality was later on classified as a 5th class municipality
> whatever doubt there is to the municipality has been put to rest with
the LGC of 1991
the plebiscite requirement in the creation of a public corporation (new
municipality) applies only to new municipalities created for the first time
under the constitution.
GENERAL POWERS AND ATTRIBUTES OF LGU
An LGU may be
Created
29

Divided
Merged
Abolished
Or boundaries substantially altered
o Either by congress
For province
City municipality
Or any other political subdivisions
o Or ordinance passed by the Sangguniang Panlalawigan
or sangguniang panglungsod
In case of a Barangay (within their territorial
jurisdiction)

GR the creation of an LGU or conversion from one level to another level shall
be based on verifiable indicators:
1. income
2. population
3. land area it must be contiguous unless it comprise of 2 or more
islands or is separated by a LGU. Property identified by metes and bounds
with technical description
compliance with the indicators shall be attested to by the
DOF
NSO
LMB
DENR
Conditions for the division or merger of LGU
Comply with the requirements on income, population, and land
The division shall not reduce the income population and land of the
LGU concerned to less than the minimum required
He income classification of the original local government unit or
units shall not fall below its current income classification prior to
such division.
An LGU may be abolished when

30

The income, population or land has been irreversibly reduced to less

than the minimum standards prescribed for its creation
A law or ordinance abolishing the LGU shall specify the province city
or municipality or barangay to which the LGU unit sought to be
abolished will be incorporated or merged.

A barangay maskin wala nay nag puyo does not cease to be a barangay.
It exists as long as it is not abolished.
To effect a creation division merge abolish there has to be a plebiscite
called for the purpose in the political unit or units directly affected.
Conducted by COMELEC within 120 days from the effectivity of the
law or ordinance unless the law or ordinance fixes another date.
Corporate existence of an LGU commences upon the election and
qualification of its chief executive and a majority of the members of
its sanggunian unless some other time is fixed
The limitation on the exercise of the general welfare clause
Territoriality
Equal protection clause
Due process clause
The exercise must not be contrary to law.
It may regulate but cannot prohibit trade.
Lawful means plus lawful subject are the requisites nga imporante sa
valid ordinance
LGU may create their own sources of revenue and to levy taxes, fees and
charges which shall be retained by them.
LGU has the power of eminent domain through the LCE
Public use

31

Just compensation
Pursuant to an ordinance or a valid law
There has to be a valid and definite offer made to the owner of the
property and such offer must not have been accepted. (denied)

The LGU may take possession of the property:

Expropriation proceedings have been filed
There must be a deposit of 15% of the FMV of the property based
on current tax declaration of the property to be expropriated.

Determination of the values

By the proper court based in their fair market value at the time of
the taking of the property. (actual taking of the property)
Powers of an LGU
Succession in the corporate name
Sue and be sued
Corporate seal
Acquire and convey real property or personal property
Enter into contracts
Exercise such powers granted to corporations and subject to
limitation provided in this code
LCE may enter into a contract in behalf of the LGU (conditions)
Prior authorization of the sanggunian concerned
A legible copy of the contract must be posted at a conspicuous
place in the provincial capitol or the city municipal or barangay hall
Must comply with the formal requirements
There must be an appropriation for the contract

32

A street thoroughfare cannot be leased to market stallholders by virtue of

an ordinance.
A public street is a property of public use hence outside the
commerce of men. Not subject to any contract. It is null and void
being contrary to law. He right of the public to use the streets may
not be bargained away through a contract, the interest of the few
should not prevail over the good of the greater number in the
community whose health, peace, safety, good order and general
welfare, the city officials are under legal obligation to protect.
A LGU may close a road or street
Provided due process is observed.
Closure for the sole purpose of withdrawing the road or other public
property from public use when circumstances show that such
property is no longer intended or necessary for public use or public
service.
There has to be a valid ordinance for withdrawing the street or road
The provincial board has the authority to close a road and withdraw it
from public use and the property this withdrawn from public service may be
used or converted for any purpose for which other real property belonging to
the said locality may be lawfully used or conveyed.
No longer for public use it will form part of the patrimonial
property.
The owner of the property where the road is closed cannot claim for
damages kai wala na nuon siyay access
Maka claim siya kung special damage differing in kind and not
merely in degree, from those sustained by the public generally
Sanggunian members may practice their occupation or trade basta wala
lang mag session ang sanggunian
This is to avoid conflict of interest between his duties as a public
office and a private officer.
Ang LCE and dili gyud pwede mag practice except kung doctor siya and
wala siyay sweldo.
Ang municipality nag prohibit og any form of gambling gi bawal nila nag
lotto apil gi himo an og ordinance.
Di pwede ang gi buhat sa LGU
Although pwede sila kai nay decentralization of administration pero
dili sila pwede mu exercise sa freedom contrary sa views or
that will go against the laws duly enacted by the congress.
33

Like spring water, could not rise above the source of power ( the
national legislature)

Mmda is not LGU is is a special metropolitan political subdivision. A

development authority. The chairman of the MMDA is not an official elected
by the people, but appointed by the president with the rank and privileges of
a cabinet member (president has control)
A special discretionary fund may only be used for public purpose. And
forbids any appropriation of public funds for the use, benefit or support of
any church, sect or religion.
Power to revoke or suspend or revoke a license and permits is expressly
premised under the LGC on the violation of the conditions on the permit and
licenses. Due process must be observed
He has no power to order a police raid on these
establishments in the guise of inspecting or investigating
them.
Only one cockpit may be operated in a municipality. An ordinance
cannot prevail over the national law
A traffic may be a proper subject of police power regulation (calalang vs
William)
MUNICIPAL LIABILITY
Municipal Corporation Law
what is local autonomy?
true or false:
1. the national government exercises general supervision over the
province (false)
specify the agency of the government
o president gane kai true na siya
o if congress- control, LGU is created by law enacted by
congress

34

o SC- judicial review over acts of LGU

2. the national government exercises general supervision over the ARMM
limbona vs mangelin
2 concenpt of autonomy
o decentralization of power and decentralization of
administration
general idea of autonomy in any particular jurisidiction
in the Philippines there is only decentralization of administrative
powers.
extent of the power of the president is only general supervision

deconcentration
problem:
confident the municipality of consolacion as a new city under new law, its
officials ask you whether the whole province of cebu will participate in the
plebiscite that will be conducted (assuming that they succeed in persuading
congress to pass a law converting consolacion into a city) what will be your
advice?
Advice:
downgrading plebiscite ang affected
upgrading no need og plebiscite (highly urbanized city)
umali case
- if upgrade siya ang pag upgrade kai HUC if Componenet mahimo siya og
independent or highly urbanized city. Dili na siya ma part sa province
sc said that this is substantial alteration of boundaries.

35

qualify your answer if you create a city today income kai 100 million past
2 preceding years annual
ra 9009 kai kana ra nga section pero wala amendment sa section sa
highly urbanized city nga 50 million lang gehapon.
kung city today mahimo na siyag highlyurbanized city nya ma beyond the
jurisdiction of the province of cebu
so the mother province will have to participate sa plebiscite.
conclusive ony when it is repeated overtime.

Miranda vs Aguirre
umali vs comelec

criteria for creation

barangay:
population
municipalities:
income
population
land area
Component city:
Income
Population or land area

36

Province

Question:
In the LGU of 1991, a mun may be created with less than 50 sq km. if it
is an island and under the LGC of 1991 however there is no such exception
when it comes to creation of a province which normally requires at least
2000 sq kms may the implementing rules of the LGC of 1991
the case of navaro vs ermita 2010
the irr was declared invalid and later on upheld later on

Q:
for the purpose of determining compliance with the income requirments
for the creation and or conversion of a local government unit what
constitutes the annual income of an LGU?
A:
Ra 9009 increasing 100 million and restricting all other income dapat
locally generated siya tanan. Ang internal revenue allotment being
distributed given or released automatically to all LGU walay restriction or
withholding can be considered as part of the gross annual income kai
regularly released and recurring income.
Ra 9009 applies only to the creation of the city daw ingun si DBL. or
is it restrictive only sa creation of a city
o Conversion or creation through clustered barangays
o municipality to city
o cluster of brgy to city
o what if a province is to be created into a city, ra 9009 di na
daw ma apply. (DBL)

37

merger of LGU
3 questions:
should the territory to be annexed or merged be contiguous?
legislative district
o contiguous
o compact
o adjacent
sa LGU only requirement is contiguity.
- 2 LGUs or municipality touching each other
adjacent require lang nga near lang siya
exn: islands
what will happen ito the corporate personalities of the merged units?
american law sugest nga requirement gyud ang contiguous

corporate personality of the merged units? Will these ordinances be

considered ineffective?
There will only be one and ma extinguished and personality sa usa
sa corporate personality.
what will happen sa ordinances?
the rule in American jurisprudence wala man specific sa code. these
ordinances will be until and unless the new and merged unit comes
up with its own ang daan mu continue to be effective only with
respect to their own territory.

38

problem:
in preparation of the 2016 local and national elections the comelec
conducted investigations in order to ascertain the veracity of reports of
ghost precincts. Based in the investigation it conducted, comelec
discovered that there are no inhabitants in barangay diwata in municipality
of lazi, siquijor. Consequently the comelec removed barangay diwata among
the list of precincts in the municipality of lazi, siquijor for purposes of the
2016 elections. It the act of the comelec valid?
answer:
sarangani vs comelec
the act of the comelec in the listing of a precinct will result to delisting a
barangay kai OEC every barangay must have at least one precinct. So kugn
walay precinct and barangay it results to abolition of a barangay.
sc said that it does not necessarily follow nga abe walay inhabitants kai
ghost precint nan a because people move and it is possible that at the time
of the creation of the brgy there were inhabitants and when the comelec nag
investigate nag balhen ang mga inhabitants sa brgy.
abolition is not automatic naa nay process
problem:
brgy pibre is the poorest of all barangays in the municipality of Carmen
mainly because of its rocky, hilly and mountainous topography. It strives
mainly on the IRA that it receives. Without IRA, it could hardly pay even the
honoraria of its barangay tanods
1. can it lawfully be abolished?
2.

ground:
when its income population or land area has been irreversibly reduced to
less than the minimum standards as certified by the national agency
concerned
note:
irreversible

39

section 9 and section 10

law or ordinance abolishing a LGU shall specify the area and there should be
a plebiscite
what will happened to the abolished LGU?

obligation of the abolished LGU

all obligations are assumed
american jurisprudence the LGU to which the abolished LGU will
even have the right to dispose the properties to pay off the
obligations
will the officers of the abolished LGU continue to exercise their function?
The moment there is a valid abolition of the office there will no
longer be a public office kai wala na man ang pub corp

settlement of boundary disputes

1. it is mandated that boundary disputes between and among local
government units shall as much as possible be settled amicable
2. amicable settlement is within the jurisdiction of the sanggunian/s or
the mother unit/s as a general rule
3. in case of failure to settle the sanggunian concerned tries the case
4. within the time and manner prescribed by the rules of court, any party
may elevate the decision of the sanggunian concerned to the proper regional
trial court having jurisdiction over the area.
section 119 of the LGC

40

local police power

general welfare clause
section 16. Every local government unit shall exercise the powers
expressly granted those necessarily implied there from as well as powers
necessary appropriate or incidental for its efficient and effective governance,
and those which are essential .
tatel vs mun of virac
1. must not contravene and constitution and statute
2. not unfair or oppressive
3. not partial or discriminatory
4. not prohibit but only regulate lawful trade
lawful subject lawful means

the means employed in order to achieve or accomplish the

purpose of the law shall be reasonably necessary and not unduly
oppressive among individuals.
2 test to apply in order to determine compliance to dertemine the
requisite of lawful means.
1. rational basis test
2. stirict scruitiny test
rational basis test
the governemtn needs only to establish that there is a legitimate
governmental purpose.
And the means employed is the least intrusive.
health
traffic
safety

41

 morals
is there a legitimate governemtnal purpose and the means
employed is the least intrusive. WON there are other options for the
govt to choose the method to accomplish the purpose. (over bredth
doctrine)
if there are other method to be employed then the means used should
the least intrusive
STRICT SCRUTINY TEST
the governemtn is required to make a higher threshold there has to be a
compelling state interest.
maintenance of peace and order
defense
territorial integrity
paramount interest of the state
the court is guided by the nature or liberty of the right involved. (affected
right) is a high value freedom or fundamental freedom
privacy expression
similar high value freedom
we apply strict scrutiny test. The burden is not with the one assailing the
constitutionality of the provision. It is in the one who claims nga
constitutional
high value freedom are social economic rights.
rational basis test ni sila and the regulation is presumed constitutional
these rules are applied in local ordinances and issued as police measures.
lucena grand central terminal vs jac liner
traffic in the city and major termianls are found in the city center nya ang
solution nila kai close nya balhen nila sa layu sa city nya walay
compensation.

42

so ang mga tag iya nangayu og compensation

city ingun nga not compelled to pay damage
sc said nga theory is correct kung police power is valid if invalid then the
taking is compensable
recent jurisprudence:
over breadth us freedom of expression na siya
sa phils kai freedom of expression pod
later part of the history of sc cases
maskin asa nalang I apply ang over breadth doctrine.
northern hemisphere (anti terrorism)
confined to the freedom of expression cases
so court said nga there are options available to the city of lucena that
were considered as least intrusive than closing down the terminals and
opening the another terminal outside the city.

LOCAL EMINENT DOMAIN

Specific requirements
1. an ordinance is enacted by the local legislative council authorizing the
local chief executive, in behalf of the local government unit to exercise the
power of eminent domain or pursue expropriation proceedings over a
particular private property.
2. for public use purpose or welfare or for the benefit of the poor and the
landless.
TN pangita a sa albano!!!

43

reckoning point is at the time of taking

case of expropriation of national government
FMV of the value of the property at the time or taking or the initiation of
the proceeding
deposit of the 100% value of the property immediate possession while
the case is pending
for LGU
deposit of 15 % of the FMV of the assessed or current tax declaration
at the time of taking
republic vs lim
anunciacion vda de ouano
the expropriator shall commit to use the property pursuant to the purpose
state in the petition for expropriation filed, failing which it should file another
petition for the new purpose. If not it is then incumbent upon the
expropriator to return the said property to its private owner. It the latter
desires to reacquire the same.
fery vs Cabanatuan
the moment nga na complete na ang expropriation the issue of the TCC
the expropriator becomes the absolute owner or the owner in fee simple. He
has all the discretion on what to do with the property so pwede mag
abandon of public purpose pwede continue or replace so the original owner
can not recover the property na basta na expropriate na
MCIAA vs Lozada
court reasoned nga ang 1921 case kai American justice man sa us
eminent domain lahe man.
ai kung absolute owner ka ang ownership kai unconditional. Unless daw
naa condition. Kung wala ang condition sa decision kai absolute and
unconditional disposition

44

pero karun kai always conditioned on its continued devotion to its public
purpose. Once the purpose is terminated return
so kung laen nasad nga purpose kinahanglan siya og new petition for th
new purpose.

ugma kai dretso na sa elective officials and then after ana kai local
legislations and then public corp gehapon
initiative and referendum
walay clase sta next week pero naa Friday
PIL next week.

092714 Saturday
social justice society vs atienza involving pandakan oil depot. Zoning
ordinance was upheld as police power measure. And of course and sc made
a finding on the hierarchy of the rights and they shevron they invoked the
right to property pero promotion of the general welfare and the constituents
of the locality so mu prevail ang right to life.
Right to life is irreplaceable. But you can replenish lost property.

Problem:
the city of cebu entered into a contract for services with DBL corporation
under which the latter will provide machineries, equipment and facilities for
the dumping of garbage in a dumpsite. The contract is for a term of 5 years
at a rate of 1.5 million per month after 2 years the city of cebu which was
already under a new administration stopped paying the monthly fees to DBL
corporation on the groun that the contract was not authorized by the SP and
not covered by actual appropriation for the full amoun of the contract. May
cebu be held liable to DBL corporation?
case of lexber
requisites for validity of contracts entered into by LGU
a. the LGU must have the power entered into the particular contract

45

b. posted
c. actual appropriation and certificate of availability of bonds
d. formal requisites
absent of one of the requisites the effect of the contract is that it will be
1 and 3 absent = void
2 and 4 absent = voidable
if void not subject to ratification
not subject to estoppel
if the contract is that the obligation is payable at one time lang so cover
the exact amount
but if the expense and the obligation will accrue over a period of long
period of time then the cert of availability does not have to cover the entire
project amount pwede siya as they accrue.
IMPORTANT RULE TO REMEMEBER
quezon city vs lexber when to make actual appropriation of the
contract
osmena case
1st case payment in full or the fixed amount
2nd kai services and to be rendered not at one time but payable in a
monthly basis
sc said nga ang contract is not null and void, in the IMUS CASE not void
ab initio even though not cover the entire amount and that the
appropriation may be made subsequent to the execution of the
contract.
QUISUMBING VS GOV GARCIA resolution or general appropriation
ordinance?

46

the fact that the province of cebu operated under a reenacted budget in
2004 lent a complexion to this case which the trial court did not apprehend.
reenacted budget only the annual appropriations for salaries and wages
of existing positions statutory and contractual obligations and essential
operating expenses authorized in the annual and supplemental budgets for
the preceding year shall be deemed reenacted.
should the appropriation ordinance XXXX
on the other hand should the appropriation ordinance describe the project
in generic XXXXX

LIABILITY FOR DAMAGES

defective public works only supervision ( check albano reviewer)

2011 BAR
a collision occurred involving a passenger jeepney driven by Leonardo a
cargo truck driven by joseph and a dump truck driven by lauro ( san
Fernando la union vs firme) but owned by the city of cebu. Lauro was no his
way to get a load of sand for the repair of the road along fuente street cebu
city. As a result of the collision , 3 passengers of the jeepney died their
families filed a complaint.

problem:
the sanggunian panglungsod of carcar city ordered the contrsuction
( torio vs fontanilla) of stage para sa town fiesta
fiesta celebration is proprietary, but who will be held liable kai proprietary
baya
dili ang SP members kai separate and distinct personality

enforcement of money judgment

47

1. levy on the patrimonial properties if the judgment local gov unit

2. when the municipality has no patrimonial property subject of levy then
the claimant may avail of mandamus in order to compel the enactment and
the approval of the necessary ordinance and the corresponding
disbursement of the municipal funds.
funds kai taken out kai congress kung national ang SP for local gov
officials.
local elective officials
2005 bar
a Filipino citizen explain
a resident of the locality explain
election of local officials whose terms were to commence on june 30 1995
ricky filed on march 20 1995 his certificate of candidacy for the office of
governor of laguna. He won but his qualifications as an elective official ( the
case of frivaldo vs comelec) was questioned. It is admitted that he is a
repatriatied Filipino citizen and a resident of the province of laguna. To be
qualified for the official has been elected, when at the latest should be?
ctizen kai retroacted upon the granted. Section 39 of LGC qualifications of
elective officials and not of candidates.
elective official upon proclamation oath and assumption of office
anha pa siya nga required nga mu possess siya sa citizenship
requirement
if residency requirement it should be 1 year on the day of the
election ( not the filing of the candidacy)

maquiling vs comelec

term of office

48

ecclesiastical ministers to LG officials

2011 bar
lataza case
vacancy and succession
1. permanent vacancy
2. ranking
3. last vacancy in the sanggunian
permanent vacany
ranking
votes obtained/ total registered voters in each district
how to fill the vacancy
succession in the LGU office
Navarro vs ca
The reason behind the right given to a political party to nominate a
replacement where a permanent vacancy occur in the sanggunian is to
maintain the party representation

49

2008 bar

DAMASEN VS TUMAMAO 2010

RULE ON SUCCESSION
1. same political party of the sanggunian member who cause d the
vacancy
2. the appointee must have a nomination and a certificate of membership
from the highest official od the political party concerned.

oic vs acting LCE

preventive suspension

Aguinaldo doctrine
recall
amendment sa recall provision ra 9244
preparatory recall assembly is no longer feasible.
sauna duha ka mode to initiate recall kana ng recall assembly og
registered voters. Pero karun registered voters nalang na siya.

limitations on recall.

50