JULY 23, 2016 Low-water mark Method - if state is not archipelagic; during
low-tide, the point where the dry land meets the
Elements of a State: (1932 Montevideo Convention)
o permanent population
o defined territory
o government
o capacity to enter into relations with other States
1.) Permanent population
- No required number of people
- (Liechtenstein with 34,000 in 1990 and Nauru with
14,000 people in 1999, became UN Members)
- Vatican City has less than 500 citizens and about 800
residents
2.) Defined Territory
- No requirement in international law that territory be
defined in meets and bound. What it requires is
sufficient consistency in acquiring such territory, not
accurate definition
- For a state to be a state, it must have territorial
sovereignty (Right to exercise in a territory, to the
exclusion of any other state, the functions of a state)
- Discovery should have effective occupation.
Discovery alone is not sufficient to claim ownership
of territory.
- No requirement of how large a territory should be
3.) Government
- Effective Control Test - Legitimacy is not a
requirement, sovereignty is (Actual exercise of
power without interference of outside forces or
third states). Mere existence of government is not
sufficient. It should be able to command or coerce
obedience.
- Corollary requirement: it must not only able to
command obedience, but it should be able to do so
without the help or assistance of third states
(Independence)
4.) Capacity to enter into relations with other states
- Limited capacity to enter into international relations
does not prevent the existence of a State, like in the
cases of Protectorates, Trusteeships and Associated
States.
- Sovereignty is indivisible. If you share sovereignty
then it is not sovereignty. You cannot have a State
within a State; an Empire within an Empire.
- e.g. BBL should only, at most, be an autonomous
region, not a separate State.
__________________________________________________
Territory
Maritime Zones: Internal Waters, Territorial Sea, Contiguous
Zone, Exclusive Economic Zone, Continental Shelf,
High Seas, and The Area
Baseline: Important for the state to determine its maritime
zones. Obligation of the coastal state to determine
its baseline and it should be in accordance with
UNCLOS.
water. Foreshore is the only subject to reclamation.
Straight Baseline Method - if state is archipelagic; around
between and connecting waters shall be considered
as internal waters (Archipelagic Doctrine of
Territoriality).
Courts still have jurisdiction within Territorial Sea.
Marriage is still solemnized within Philippine
territory within Territorial Sea.
HOW: Coastal State must (1) determine the outermost point
of the outermost island, including dry reefs, then (2) compute
the baseline point, (3) connect the outermost points with a
straight line. Line must not exceed 100 nautical miles.
__________________________________________________
JULY 25, 2016
1.) Internal Waters
- Ports, harbors, rivers, lakes, canals, bays
- Coastal state can prohibit entry into its internal
waters by foreign ships, except for ships in distress
2.) Territorial Sea
- Not exceeding 12NM from the baseline
- Limitation: Right of Innocent Passage by foreign
ships. It is innocent if not prejudicial to the peace,
good order or security of the coastal state. Fishing
vessels must comply with local laws and submarines
must navigate on the surface and show their flag
"To pass the bar does not only need the ability to analyze, but also the
capacity to store information"
3.) Contiguous Zone
- 24NM from the baseline
- Coastal State is limited to Protective Jurisdiction
only, that is, to prevent infringement of its customs,
fiscal, immigration or sanitary regulations
4.) Exclusive Economic Zone
- Privilege to exploit resources is only on the
superjacent slope.
- Resources on the bed of the superjacent slope in the
EEZ
- Resources in the superjacent may be shared by other
states including land-locked states.
- Isobath Rule: 2,500 meters vertical, pwede mu
extend ug 100 miles.
5.) Continental Shelf
- If exploiting of resources already involve the seabed
such as oil drilling, it will be governed by the rules on
continental shelf.
- High seas regime sa taas, The Area regime sa ubos.
- So even if lapas na sa jurisdiction sa coastal state sa
taas, pwede gihapon mukuha ug oil kay tungod sa
ubos.
If a rock is seen in low tide, it is a rock; if it is submerged in high tide, it is
called a high-level elevation. For as long as it stands, they are
allowed 12NM from the rock.
6.) High Seas
- Area above The Area
7.) The Area
 - Governed by the common heritage of mankind; No
state can exploit exclusively; Must be shared by all
states.
__________________________________________________
Citizenship
Caveat: An issue on Citizenship is a domestic concern
- Section 1, number 1, Art.4. Those who are citizens of the
country at the time of the adoption of this Constitution in
1987, I was born in the year 1994.
- Section 1, number 2, Art. 4. Born of Filipino Father (From
Cebu) or Mother (From Jolo) who were born before 1987
and 1973 Constitutions.
- In case of doubt, we have the case of Poe-Llamanzares v.
COMELEC, there is circumstantial evidence by just looking
at me, I possess typical Filipino features: short, black hair,
relatively flat nose and brown eyes.
Citizen vs. Subject - former is: reason of his membership in a
democratic
Citizen vs. National - former is: membership of a person to a
particular nation, does not necessarily be to a State. (e.g.National to
the Arab nation)
Modes of acquiring Citizenship in general:
1. Birth (jus soli or jus sanguinis)
2. Naturalization (judicial, administrative,
congressional)
3. Marriage (PH: Foreigners cannot possess Filipino
citizenship by a simple reason of marriage)
Modes in acquiring Philippine Citizenship:
1. Birth (jus soli between April 11, 1899 to July 1, 1902;
jus sanguinis beginning in the 1935 Constitution
[Filipino father only until 1973 Constitution])
2. Naturalization (judicial, administrative [2001], and
congressional)
- Before 11 April 1899 (Treaty of Paris), no "Citizens of
the Philippines" ( only Spanish "Subjects")
- From April 11, 1899 to July 1, 1902 (Philippine Bill of
1902), citizenship was governed by Jus Soli (as it was
and still is the one followed in the United States)
- July 1, 1902, the Philippine Bill of 1902 defines
"Citizens of the Philippines" as those were (1)
Spanish subjects (native or otherwise), on April 11
1899 (including their children born thereafter), (2)
who remain inhabitant of the PH, and (3) did not
become citizens of another states (excluding those
who declared to remain under Spain).
- August 29, 1916, Jones Law of 1916 reiterated
Philippine Bill of 1902
- March 22, 1920, Act No. 2927 (old Naturalization
Law) was eneacted
- May 14, 1935, 19335 Contitution took effect which
provided for jus sanguinis. But, only those born of
Filipino fathers can be Filipnos by birth. Those born
of Filipino mothers and alien fathers had to elect
Philippine citizenship upon reaching age of majority
(meaning, these children were considered alien
during their minority), but decision of courts still
applying jus soli in certain instances
- June 17, 1939, CA No 473 (new Naturalization Law)
took effect
- June 7, 1941 CA No. 625 was enacted providing for
the manner of electing Philippine citizenship as
required by the 1935 Constitution (sworn statement
to be filed with the Civil Registry accompanied by
oath of allegiance to the Constitution and
Government)
- 1973 Constitution took effect on January 17, 1973
which makes jus sanguinis fully applicable (to either
father or mother). It also recognized natural-born
those who elect PH citizenship under 1935
constitution
- 1987 took effect on February 2, 1987, adopting the
same provisions in the 1973 Constitution
- RA 9139 enacted in June 8, 2001: "Administrative
Naturalization" was enacted in certain cases
- RA 9225 citizenship retention and re-acquisition of
2003, August 29, 2003
__________________________________________________
JULY 25, 2016
Jus Sanguinis rule in the Philippines:
- 1935 Constitution - applicable to father only
- 1973 and 1987 Constitution - applicable to father or
mother
- Applicable only in natural filiation, excluding filiation
by adoption
- In the past, the rule is that only legitimate children
can acquire the citizenship of the legitimate father,
so that illegitimate children follow the nationality of
the mother who exercises parental authority over
the child. However, the SC in Tecson v. Comelec said
that this rule is applicable if such rule is beneficial to
the child. Amici Curiae Fr. Bernas, Justice Mendoza,
and Dean Magallona opined that even an illegitimate
child should follow the citizenship of his father.
- Concurrence of jus sanguinis and jus soli may result
to either dual citizenship of stateless person. In the
latter case, his personal law is to be determined by
domicile (permanent residence) or, in its absence,
residence (temporary residence), in accordance with
international law.
Res Judicata in Citizenship
- In order that the doctrine of res judicata may be applied in
cases of citizenship, the following must be present:
1. a person's citizenship must be raised as a material
issue in a controversy where said person is a party
2. the Solicitor General or his authorized
representative took active part in the resolution
thereof, and
3. the finding on citizenship is affirmed by the Supreme
Court (See Valles . Comelec case)
Citizens of the Philippines
Kinds:
1. Natural Born
2. Naturalized (Including "Mass Naturalization";
Philippine Bill of 1902 and Jones Law of 1916)
3. By Election (Under 1935 Constitution)
Only the sovereign state can determine the citizenship as a
natural-born, not international law. 101 percent pwede mu-
assume nga Pinoy citizen nah if na-tao sa Pinas, but natural-
born jud?
Natural-born are those who are citizens who did not do any
acts to acquire or perfect his citizenship (By birth)
o 1935 Consti, par. 3, discriminatory since it is only
fathers.
o 1935 Consti, par. 2, "election", meaning elected to
public office in the Philippine Islands, not appointed.
o 1935 Consti, par. 1, Mass Filipinzation-Philippine Bill
of 1902 and Jones Law 1916 and remained to be
Filipinos
o 1935 Consti, par. 2, What is important is she is
Filipina at the time of the marriage, not during the
birth of the child.
X married German in 1954
S was born to X and German in 1958
X was Filipino before the marriage of
German, S is Filipino
*but if X divorced German and married
Argentine, child is no longer Filipino
because at the time of X's marriage to
Argentine, she was German
Ground for excuse for non-compliance of the three years as a
general rule = Honest belief that he really thought he is
Filipino (e.g. looking at the mirror and convinced and thinks
he is really Filipino)
If na-anak na ka after 1973 Consti, father OR mother na ka.
Same sa 1987.
What is the citizenship of a Filipino Woman who married a
foreigner?
- Prior to 1973 Consti, if she acquired her husband's
nationality, she LOST Philippine Citizenship
otherwise, she remained Filipino
- Under 1973 Consti: A Filipino who marries an alien
shall RETAIN her Philippine citizenship, unless by her
act of omission she is deemed, under the law, to
have renounced her citizenship (Art. 3, Sec. 2)
- Under 1987 Consti: 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 (Art. 3, Sec. 4)
- Before Mo Ya (Oct. 4, 1971) - if she had all the
qualifications and none of the disqualification for
Philippine Citizenship she would become a Filipino,
provided that she is able to prove these facts in a
proper proceeding
- After Moya - Under Sec. 15 of the C.A. 471, an alien
woman marrying a Filipino becomes ipso facto a
Filipino, provided she is not disqualified to be a
Filipino citizen under C.A. 471
__________________________________________________
AUGUST 1 , 2 0 1 6
Naturalization
Basic Principles:
- Citizenship is not a right, but only a privilege;
Naturalization process involves public interest
- Conditions for naturalization are to be determined
by Congress and the courts cannot modify them
- Only foreigners may be naturalized
- Grant of naturalization may be revoked or cancelled.
A final judgment of naturalization can never be truly
become final
- Naturalization demands allegiance to our
constitution, laws, and government
- Naturalization is a proceeding in rem
* Publication is a requirement in proceeding in rem. It affects
the whole world
Dela Rosa case
A decision in a petition for naturalization becomes final only
after 30 days from its promulgation and, insofar as the
Solicitor General is concerned, that period is counted from
the date of his receipt of the copy of the decision.
Sec. 1 of RA 530 provides thata no decision granting
citizenship in naturalization proceedings shalll be executory
until two years from its promulgation in order to be able to
observe if: 1 applicant has not yet left the country...
Liyao case
It is indisputable that a certificate of naturalization may be
cancelled if it is subsequently discovered that the applicant
therefore obtained it by misleading
Admission to citizenship is one of the highest privileges that
the Republic of the Philippines can confer upon an alien. It is
a privilege that should not be conferred except upon person
fully qualified for it, and upon strict compliance with the law
PH citizenship is a pearl of great price which should be
cherished and not taken for granted.
Loss of Philippine Citizenship
Coquilla case
 Modes of Reacquiring Citizenship
1. Naturalization (CA No. 63 vs. CA No, 473,
naturalization law to "acquire" citizenship)
2. Repatriation
3. Direct Act of Congress (easier, but expensive)
Repatriation Laws
How to Repatriate
Generally:
1. Take oath of allegiance to the Republic
2. Register that with with the civil registry in the place
of his residence or where he last resided
Under RA 8171:
3. Registration in the Bureau of Immigration for the purpose
of the cancellation of the alien certificate of registration and
issue the certificate of identification as a Filipino citizen to
the repatriated citizen (Altarejos case also stated that there is
the addition of the third requirement through RA 8171)
Bengson case - repatriation results in the recovery of the
original nationality
Frivaldo case - To remove all doubts on this important issue,
we also hold that the repatriation of Frivaldo RETROACTED to
the date of the filing of his application on August 17, 1994.
(Even when he took an oath of allegiance only on June 30,
1995, the date of his assumption into office)
Otherwise known as the Frivaldo Doctrine
Take note: Section 3 of RA 9225 (Not a violation of
Constitution that it is inimical to the national interest of the
country. It is dual allegiance that is inimical, not dual
citizenship)
Natural born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign country
shall retain their Philippine citizenship upon taking the
aforesaid oath. (RA 9225)
Manzano case - Filing of COC, especially under oath, implies
that he renounced all other allegiances. Implied
renunciation.
Caveat: Only applies to those who are naturally born with
dual citizenship, not to those who are naturalized.
RA 9225
Section 4. Derivative Citizenship
Section 5. Restoration of Civil and Political Rights
Dual Citizenship v. Dual Allegiance
Maquiling v. COMELEC - After ka ug renounce sa imong
citizenship, ayaw gihapon gamita imong US passport.
This is distinct from those considered dual citizens by virtue
of birth, who are not required by law to take the oath of
renunciation as the mere filing of the certificate of candidacy
already carries with it an implied renunciation of foreign
citizenship.
Dual citizens by naturalization, on the other hand, are
required to take not only the Oath of Allegiance to the
Republic of the Philippines but also to personally renounce
foreign citizenship in order to qualify as a candidate for public
office
__________________________________________________
PRE - FINALS
AUGUST 4, 2 0 1 6
Sovereignty and State Immunity
Kinds of Sovereignty:
Legal Sov - authority to issue commands (Congress) vs.
Political Sov - power behind the legal sovereign (People)
Internal Sov - ability to command obedience without foreign
assistance vs.
External Sov - ability to independently conduct foreign
relations
*Doctrine of Self Auto-Limitation: power of a State to limit
the exercise of its own sovereignty. (Read John Jackson)
Sovereign Immunity: Doctrine of Non-Suability of State
- Even with the absence of Sec. 3, Art. XVI, this doctrine will
still be here because it has achieved Customary International
Law (jus cogens)
Forms of Consent
1. Express
- General Law, (see Act No. 3083, 327 as amended by PD
1445; Sec. 22 of LGC of 1991)
- Special Law, (see Charter of LGU)
2. Implied - When State initiates action
Jure Imperii Contracts
SC considered the following transactions by a foreign state
with private parties as acts jure imperii
1. lease by a foreign govt of apartment buildings fo use of its
military officers
2. building of whares
Jure Gestionis
1. Bidding for the operation of barber shops in Clark Air
2. Management and Maintenance of Loakan Airport
3. Hiring a cook in the recreation center, consisting of 3
restos, a cafeteria, bakey store,
Rep. of Indonesia v. Vinzon (June 26) - existence alone of a
paragraph in a contract stating that any legal action arising
out of the agreement shall be settled according to the laws of
the PH and by a specified court of the PH is not necessarily a
waiver of sovereign immunity

Suability v. Liability
Where State gives it consent to be sued by private parties
either by general or special law, it may limit claimant's action
"only up to the completion of proceedings anterior to the
state execution"
To make state liable, there must be ANOTHER consent.
"Consent to be held liable." So duha, consent to be sued and
consent to be held liable.
Special Agent: pananglitan naay truck pero wala ang driver,
gisugo ang treasurer nga siya nalang driver kay kabaw man
siya mudrive. Treasurer ang Special Agent. Then government
ang liable
If driver gyud tu performing his duty, then that was
governmental act, personal liablity of the driver.
__________________________________________________
SEPTEMBER 3, 2 0 1 6
Government
READ Marcos v. Manglaput (Definition of Executive Power)
State Principles (Secs. 1-6) and Policies (Secs. 7-28)
Promotion of Social Justice is the reason why we abandoned
laissez-faire. Social Justice eg. housing of the poor.
Republican - you work to get a house / Democrat - kaluoy,
we'll help you. Mao na ni karon which is Social Justice as
opposed to laizzes-faire.
__________________________________________________
SEPTEMBER 5, 2 0 1 6
State Principles and Policies
Preamble is not a source of right, in only introduces the 1987
Constitution. "Preambulare" meaning to walk before.
Declaration of Principles and State Policies is also not a
source of substantive rights; the provisions are not self-
executory (Basco, Kilosbayan, Manila Prince, Tanada cases)
(extent to the extent that some provisions are but
declarations of already enforceable legal precepts eg in
Oposa.)
The preamble and the Declaration of Principles and State
Policies have, however, a normative value. It has a normative
value because it can be useful in Congress in crafting laws, by
the President in implementing laws, in the Judiciary in the
interpretation of the Constitution provisions, any by the
public in understanding the mandate of the State and the
Government thereby promoting good citizenship.
Sovereignty and Republicanism (Sec. 1)
Direct democracy (Rulers are the people. People themselves
govern) vs. Indirect democracy (Language of the ballot. Thus,
republicanism. We vote for people to represent us)
Right to revolt is not expressly written in the constitution
because to provide for such right in the constitution as a
constitutional provision will carry with it the seeds of its own
destruction. Nonetheless the right to revolt is affirmed as a
natural right in every person from the perspective of natural
law. Revolt may be used when all else fails. (Concurring
Opinion of J. Mendoza in Estrada v. Arroyo)
Initiative - the people will propose to the government
legislation
Referendum - government will ask us a question and we
decide whether to approve or not.
Renunciation of War (Sec. 2)
Covers "aggressive war" only; does not include "use of force"
in self-defense (either individually or collectively)
Arts. 2(4) on the Prohibition Against the Threat or Use of
Force and 51 of the UN Charter on the Right of Self-Defense
in case of Aggression by another state.
Incorporation of International Law (Sec. 2)
How do rule of international law take effect in domestic legal
system?
- Doctrine of Transformation - making a treaty
transform into domestic law by expressly signing a
treaty (act of congress). International law becomes
part of the law of the land when there is a positive
act on the part of the government
- Doctrine of Incorporation - customary international
law. Because of CIL, these international laws become
incorporated to our domestic law.
*Jus Cogens (peremptory norms) - Norms that do not have
any objections. eg. Genocide, Rape, Murder.
Strong transformation - international law can only make
domestic law through congressional act only. Can come using
the backdoor using a treaty.
Weak transformation - international law will become
domestic law and can come through congressional act and
other means. Can come at the front door.
*PH uses both.
Which law prevails in case of conflict?
- Monist View - In case of conflict, international law
prevails over municipal law because in this view,
 there is only one legal system in the world, which is
through international law.
- Dualist View - Forums become relevant. Domestic
courts will uphold the dominance of municipal law
over international law.
What is the status of PIL in the Philippine Legal System?
- GAPIL - Generally Accepted Principles in
International Law. Front door.
- TBPIL - Treaty-Based Public International Law.
Backdoor through a treaty.
__________________________________________________
SEPTEMBER 10, 2 0 1 6
The Doctrine of Separation of Powers
Vertical - National to political subdivisions - Parliamentary
Horizontal - Distribution of powers among the different
branches of government
Separation of articles 6-7-8 is an indication that there is the
Separation of Powers.
Consequence: Any act violating the principle of the
separation of powers shall be considered as null and void.
Principle of Separation of Powers is not absolute. We allow
one branch to check another branch (Checks and Balances).

One branch cannot delegate its powers to another branch.

State Principles and Policies
Congress, as the legal sovereign, issues commands in the
Civilian Supremacy
form of law.
- The prime duty of the Government is no longer to
serve and protect the State, but the people.
Exception to Prohibiting Against Delegation of Powers:
- In defending the State, the Government may call
1. Delegation to the President of Emergency Powers
upon the people to defend it
o Emergency powers are actually legislative.
- The president as the highest civilian who is also the
PDs are actually statutes made by the
highest-ranked military official, that is a
president exercising his emergency powers.
manifestation of how civilian authority is supreme
Permits the president to act swiftly in case
over the military.
of emergency.
- Welfare of the people is now the paramount interest
o This is constitutionality permitted. And
of the government and not anymore the state.
basta constitutionality granted, it can be
done. Basta di lang jud mu-violate ug jus
Separation of Church and State
cogens.
- To the State are secular matters; to Religion, matters
2. Delegation to the President to Fix Tariff Rates and
of faith (religious);
Impose Import Quotas
- Does not prohibit church, religious denominations,
o Exercise of three inherent powers must be
authorities and organizations from exercising
permitted or pursuant to law. Fixing of tariff
political rights as members of a democratic society
is taxation. Taxation is legislative
unless clearly prohibited by law;
prerogative/power.
- But, it prohibits the State from engaging in primarily
3. Delegation to the People through Initiative
religious affairs. To be valid, the law must have a
o Kita na gani ang sovereign nya kita na nuo'y
legitimate secular purpose (Purpose Prong), must
delegate-an sa power?
have the primary effect of either advancing or
4. Delegation to Local Government Units
inhibiting religion (Effect Prong), and must not result
o Principle of Subsidiarity - the national
in an excessive entanglement of government and
government in order for it enable, exercise
religion (Entanglement Prong). [This is also known as
and perform its functions in a given, usually
the "Lemon Test"] (Lemon v. Kurtzman US 1971,
in a wide territory, divides itself through
Aglipay v. Ruiz)
local units/ delegates its powers to LGUs
- Freedom of Religion Clause
5. Delegation to Administrative Agencies
o Freedom to Believe [absolute] and
o Problematic because it is the delegation of
2. Freedom to Exercise One's Belief
legislative powers to the executive
[limited])
department
- Non-establishment of Religion Clause
o Primary goal of these tests is to make sure
o Aglipay v. Ruiz - The primary purpose of the
that legislative prerogatives are not totally
stamp was not to promote the religion, but
delegated to the administrative agencies.
to promote the Philippines. It was tourism
o The second prerogative of congress is the
in nature and tourism is secular.
manner on how to implement the law
o Sinulog is not promoting roman catholicism,
otherwise known as the Doctrine of
but to promote Cebu. Puno ang hotels,
Subordinate Legislation.
businesses, and also the government itself.
__________________________________________________
 o Delegate kay congress no longer has time
and also the expertise to deal with
telecommunications for example or
transportation for example. Complexities in
life made congress incapable in dealing with
these expertise. As a solution, delegate the
task to these experts, in this sense, the
administrative agencies.
o In turn, administrative agencies, with their
expertise, will be the one to enable the law
made by congress.
Tests of Delegation
Completeness Test: the law must be complete in all its terms
and conditions when it leaves the legislature such that when
it reaches the delegate the only thing he will have to do is
enforce it.
When is a law complete for purposes of delegation?
It must identify:
1. The SUBJECT MATTER to be delegated
2. WHO will do it
3. HOW the delegate will do it (SCOPE OF AUTHORITY)
*Implementing Rules and Regulations are subordinate
legislations. They are rules that will enable the law created by
congress.
So complete siya in a way nga dapat ma-define unsa nga klase
nga motor vehicle ang i-ban na, or like unsaon pag compute
sa 50 years. Para ig abot sa gi-delegate authority, igo nalang
sila implement.
Sufficient Standard Test: there must be adequate guidelines
or limitations in the law to map out the boundaries of the
delegate's authority and prevent the delegation from running
riot
What is meant by "sufficient standard"?
- one which defines LEGISLATIVE POLICY, marks its
limits, maps out its boundaries and specifies the
public agency to apply it; indicates the circumstances
under which the legislative command is to be
effected.
Must the "standard" be "determinate"
- it must only be sufficiently determinate and
determinable (express or implied)
Examples of Sufficient Standard:
- fair and equitable employment practices
- public interest
- fair and equity
**Both tests are intended to prevent a total transference of
legislative authority to the delegate.
Doctrine of Potestas delegata non delegari potest
KMU v. Garcia: Public Service Commission allowed "bus
operators" to "fix fare rates"; KMU na ang gidelegate-an ug
power to fix the rate, but what happened kay ilang napung gi-
further delegate ang power ug laing entity.
American Tobacco v. Director of Patents: What has been
delegated was only the "discretion to ascertain facts" but did
not include the "discretion to decide" on application for
patents.
What director of patents did was delegate the task to
ascertain facts to hearing lawyers, but ingon siya nga
ascertain facts ra gyud siya and siya ra gihapoy make sa
decision sa mga cases.
__________________________________________________
LEGISLATIVE DEPARTMENT
STRUCTURE
o Bicameral Body
o Senate (upper house) and HoR (lower house)
o Senate = 24 hours with a term of 6 years, elected at
large (12 Senators are elected every 3 years) - to
make the Senate a continuing body. Importance of
having a continuing senate is to prevent hiatus of the
constitution. To prevent Constitutional/Political
hiatus.
o HoR = "not more than 250 members, UNLESS
otherwise provided for by law" [now, 290+
Members, inclusive of Party-List Representatives],
elected by district.
Major advantage of bicameralism: one house acts as the
fiscalizer of the house. Major disadvantage of bicameralism:
gridlock. Like after ig veto sa president sa bill unya in the
exercise of congress to counter-veto, what if one house ra
ang makakuha sa 2/3 vote and ang other house dili. So
gridlock.
HOUSE OF REPRESENTATIVES
o Composed of 1. District Representatives and 2.
Party-List Representatives
o Party-list Representatives "shall constitute 20% of
the total number of representatives including those
under the party-list"
o Sectoral Representatives occupied one-half of the
seat for party-list reps since 1987-1988
District Representatives
o "Legislative District" is to be determined by law
(General or Special Law)
 o Legislative District shall comprise, as far as the group legally allowed to join the party-list
practicable, contiguous, compact, and adjacent system?
territory [to prevent gerrymandering] 4. If a party-list group failed to obtain at least 2% votes
o "Each city with at least 250,000 inhabitants" or in the last two preceding elections, is it still qualified
"each province" shall be entitled to at least one to participate in the next party-list election?
Legislative District. 5. X is a lawyer and has his clients the urban poor and
*Gerrymandering, napurma ug salamander ang gi-allocate ni laborers. "Ang Tabahador" is a party-list group
Gerry in favor niya ang mga legislative districts. registered as such with the COMELEC representing
the Labor sector. Can X be a nominee of "Ang
*State Immunity hantod Legislative (Coverage sa Pre-Fi) Trabahador" and become its Representative?
__________________________________________________ 6. What are the parameters in determining the
qualifications of party-list groups?
For Saturday: gi-unsa pag solve(modify) sa BANAT in 2009.
SEPTEMBER 15, 2 0 1 6 What's the new formula?
__________________________________________________
A city with 250,000 inhabitants is entitled to "at least one" SEPTEMBER 17, 2 0 1 6
legislative district
At least one does not mean that for a city to have 2 legislative
New formula in determining the Additional Seats for Second
districts, there must be 500,000 inhabitants. (Mariano v.
Part, etc.
Comelec involving Makati City with only 450,000 inhabitants)
BANAT: There are two steps in the second round of seat
A city whose population has increased to 250,000 is entitled
allocation. First the percentage is multiplied by the remaining
to have legislative district only in the immediately following
available seats, 38, which is the difference between the
election after the attainment of the 250,000 population (Sec.
maximum seats reserved under the Party-List System and the
3, Ordinance appended to the 1987 Constitution) (See phone
17 guaranteed seas of the two-percenters. The whole integer
photo)
of the product of the percentage and of the remaining
available seats corresponds to a party's share in the
Aldaba v. COMELEC: Requirements for valid proof of
remaining available seats.
population: FIRST, certifications on demographic projections
can be issued only if such projections are declared official by
Second, we assign one part-list seat to each party next in rank
the National Statistics Coordination Board (NSCB). SECOND,
until all available sears are completely distributed
certification based on demographic projections can be issued
only by the NSO Administrator or his designated certifying
Second clause of Section 11(b) of RA No 7941 is
officer. THIRD, intercensal population something something
unconstitutional. First part of Veterans is still valid. However
in the middle of the year
next step is already replaced by Banat.
Creation of Legislative District does not require a plebiscite!
*New 4th parameter under Banat (See Banat printout)
Political district is not a political subdivision.
Creation of a new representative or legislative
Who may be a Party-List Group?
district is not the same as the creation of a new political
- Party-list system is composed of three different groups (1)
subdivision. Hence, the requirement of a plebiscite in the
national parties or organizations, (2) regional parties or
creation of a political subdivision under the Constitution does
organizations, and (3) sectoral parties or organizations.
not apply to the creation of a legislative district. (Bagabuyo v.
National and regional parties or organizations are DIFFERENT
COMELEC, 2008)
from sectoral parties or organizations. National and regional
parties or organizations need not be organized along sectoral
Party-list Representatives/ Party-list System
lines and need not represent any particular sector. (Atong
(READ: RA 7941-Party-list Law and cases about party-list)
Paglaum v. COMELEC)
1. What are the parameters in the allocation of party-
Enumeration of sectors in RA 7941, NOT EXCLUSIVE:
list reps? (Veterans Case read by heart then read
- Enumeration of marginalized and underrepresented is not
Banat, then Atung Paglaum. You will find that it was
exclusive. The crucial element is not whether a sector is
modified in Banat and further modified in Atung
specifically enumerated, but whether a particular
Paglaum.)
organization complies with the requirements of Constitution
2. May a group that does not represent a marginalized
and RA 7941. (Ang Ladlad LGBT Party v. COMELEC)
and/or underrepresented sector participate in the
Party-List elections?
"Failure to obtain 2%" as ground for disqualification, modified
3. LGBT, a group of lesbians, gays, bisexuals, and
- Section 6(8) of RA 7941provides for two separate ground of
transsexuals wanted to join the party-list system. Is
delisting; these grounds cannot be mixed or combined to
support delisting; and (b) the disqualification for failure to
garner 2% party-list votes in two preceding elections should
now be understood, in light of the Banat ruling, to mean
FAILURE TO QUALIFY FOR A PARTY-LIST SEAT IN TWO
PRECDING ELECTIONS FOR THE CONSTITUENCY IN WHICH IT
HAS REGISTERED. (Philippine Guardians, Brotherhood v.
COMELEC)
Ang Bagong Bayan-OFW (2001) on qualification of nominees
- The party-list organization or party must factually an truly
represent the marginalized and underrepresented
constituencies mentioned in Sec. 5. Concurrently, the persons
nominated by the party-list candidate-organization must be
Filipino citizens belonging to marginalized and
underrepresented sectors, organizations and parties (Ang
Bagony Bayani-OFW v. COMELEC) NO MORE NA NI.
Atong Paglaum, Inc. (2013) on qualification of nominees
- For the enumerated sectors in Section 11, majority of the
members of the sectoral party must belong to the
"marginalized and underrepresented." The nominees of the
sectoral party either must belong to the actor, or must have
a track record of advocacy for the underrepresented. (Atong
Paglaum, Inc. v. COMELEC, 2013).
SIX Parameters in determining qualifications of Party-list
Groups (per Atong Paglaum) (See phone for photo)
1. Three different groups may participate
2. National parties or orgs
3. A political party, whether major or not, that fields
candidates in legislative districts elections can participate in
party-list elections only through its sectoral wing that can
separately register under the party-list system. The sectoral
wing is by itself an independent sectoral party, and is linked
to a political party through a coalition.
4. Sectoral parties or orgs may either be "marginalized and
underrepresented" or lacking in "well-define political
constituencies". It is enough that their principal advocacy
pertains to the special interest and concerns of their sector.
The sectors that are "marginalized and underrepresented"
include labor, peasant.. (etc). The sectoral that lack well-
defined
5. A majority of the members of sectoral parties or
organizations that reperesent the marg and underr must
belong to the marginalized underrepresented sector they
represent
6.National, regional, and sectoral parties or org shall not be
disqualified if some of their nominees are disqualified,
provided that they gave at least one nominee who remains
qualified
Qualifications and Term of Office
Qualifications 1. Citizenship, 2. Voter Registration, 3. Literacy,
4. Age, 5. Residency
Comelec cannot, in the guise of enforcing and administering
election laws or promulgating rules and regulations to
implement Sec. 36(g), validly impose qualifications on
candidates for senator in addition to what the Constitution
prescribes. If Congress cannot require a candidate for senator
to meet such additional qualification, the COMELEC, to be
sure, is also without such power. (Social Justice Society v.
Dangerous Drugs Board)
Senator: Section 3 - Natural born, 35, read and write,
registered voter, Resident of the PH for not less than two
years immediately preceding the day of election.
H of R: Section 6 - Natural born,25, read and write, registered
voter, Resident of the PH for not less than one year
immediately preceding the day of election.
- Domicile is where you habitually reside with the intention of
always going back. Anything that has to do with conjugal
dwelling or family is permanent per SC.
- Residence is where you currently and temporarily live due
to some causes such as profession. "Temporary" has a test:
Any undertaking or activity that has a definite beginning and
definite end. (Eg. Schooling. Definite beginning is enrolment.
Definite end is graduation)
Temporary vs. Permanent Residence (Domicile). You can have
many residences, but only one domicile. If you change your
domicile, then the previous one shall be deemed abandoned.
Domicile of origin is domicile of your parents at the time of
your birth. If mubalhin na ka away from origin, and bag-o na
ang domicile nimo, then Domicile of Choice.
Master this:
Animus manendi - intention of remaining
Animus non-revertendi (of domicile of origin) - intent of not
returning.
Animus revertendi - intention of returning
(Manendi and non-revertendi is somehow related)
Faypon: Out of domicile of origin to pursue studies, engage in
business, or practice vocation, not sufficient abandonment of
domicile of origin.
Coquilla: Naturalization in foreign country results in
abandonment.
Caasi: Becoming a permanent immigrant ("Green Card"
holder) to the USA constitutes abandonment.
__________________________________________________
 SEPTEMBER 19, 2 0 1 6 Which should prevail, entries in the Journal or that in the
enrolled bill? (Journal Entry Rule v. Enrolled Bill Theory)
What about "Reacquisition of lost citizenship under RA 9225"?
Majority of those members present constituting a quorum.
- RA 9225 only provides for re-acquisition of citizenship, not
So assuming there are 24 senators and no one is out of the
residence. Thus. the candidate must still show overt acts
country, 13 is majority. There are exceptions, Sec. 28(4) of
constituting "reacquisition of residency" in the Philippines
Art. 6 wherein it says all of the Members of the Congress.
(e.g. application of Philippine Passport, paying taxes, etc.)
[Japzon v. COMELEC, Jan. 19, 2009]
Morales v. Subido: With respect to matter not expressly
required to be entered on the journal, the enrolled bill
Election
prevails in the event of any discrepancy
Senators and Party-List: Elected at large
District Representative: Elected by district
Astorga case about withdrawal
- In case of permanent vacancy in Senate or Hor: at least one
Sessions
year before the next elections. [See Ursal notes]
Regular: 4th Monday of July, unless changed by law, until 30
- No need for notice sa special election sa senator, fixed
days before opening of next regular session (Sec. 15)
naman siya, simultaneously with the succeeding regular
Special:
election.
1. When called by the president anytime (Sec. 15),
- However, sa HoR, Comelec is required by law to issue a
2. Without need of call:
notice kay period man gud ang gihatag. (Not earlier and not
- On 3rd day of vacancy in the positions of president
later).
and VP (Sec. 10, Art. 7)
- In case of temporary disability of the president (Sec.
If wala'y quorum: May adjourn or may compel through an
11(3), Art. 7)
arrest warrant with aid of the police, not warrant of arrest
- Suspension of privilege of habeas corpus (Sec. 18,
because only court can issue the latter. Pwede jud mu-
Art. 7)
compel otherwise quorum will be tyranny of the minority.
- Proclamation of Martial Law (Sec. 18, Art. 7)
*It is special when it is held outside the regular session.
That compulsory attendance is only territorial. So if naa sa
Enumeration is the instances when it may be held outside
gawas like US ang senator, you cannot compel him through a
regular session
warrant cause our warrant is only territorial (Avelino v.
Cuenco)
Voting separately
- Congress Acting as BOC (Sec. 4(4)(5), Art. 7)
- Rules of Procedure are internal that is why political
- Temporary inability of the presidency (Sec. 11(4),
question, courts cannot interfere.
Art. 7)
- Plenary rules need not be published because it is only
- Election of VP (Sec. 9, Art 7)
internal. The only limitation to the power of Congress to
- Declaration of existence of state of war (Sec. 23(1),
promulgate it own rules is the observance of a quorum,
Art. 6)
voting, and publication
- Amendment or revision (Sec. 1(1), Art. 17)
- Investigative rules are public must be published because it
Voting jointly
affects the public.
- Declaration of martial law (Sec. 18, Art. 7)
- Suspension of privilege of writ of habeas corpus
REcord - word for word transcript of the proceeding
Journal - minutes of what transpired during the session
See X and Y image on phone.
Enrolled bill - duly authenticated bill, signed by Sen. Pres,
Speaker of the House, and certified by the Secretaries of both
Read Tanada vs. Cuenco
houses that
Shall be the sole judge relating to election, returns something
Probative Value of Journal - Against extraneous evidence
of members
(say, oral testimony), the entries in the journal, being the
official act of the legislature, are conclusive.
Naay instances nga i-file ang disqualification sa Comelec but
di i-decide until June 30, 12nn this means this is the start of
Thus, entry as to time of the end of a particular session is
the term of the questioned official.
conclusive and prevails over an oral testimony which state
otherwise. If nakabutang s journal 4pm nahuman ang session,
Refer to second image: rejection of second-placer rule will
di ka pwede muingon nga 6pm nahuman ang sessions
apply because the second placer was rejected by the
majority. So what happens is ang *Vice Mayor-elect ang mu-
An enrolled bill is conclusive upon he courts as regards the
assume as mayor. (Codilla v. de Venecia) However if invalid
tenor of the measure... The remedy is to pass a curative law.
nga COC ang gi-question like material misrepresentation kay
di siya pinoy, then pwede magamit ang second-placer diri kay
there was no candidate to speak of in the first place man as
to the winning candidate.

Limkaichong vs. Comelec (Refer to image)

Reyes v. COMELEC (Refer to image)
Limkaichong case v. Codilla case (Refer to image)
- wala na notify si Codilla, walay copy-furnish

Sen X and Y (Refer to image on phone)

() A filed a case for Estafa against X for the P500,000,,,
Another violation of B.P. 22 was filed against y for the
P750,000 check he issued to A. Senators X and Y moved to
dismiss the cases invoking parliamentary immunity. Should
the case be dismissed?

Refer to Santako in phone

A. Should all the cases be dismissed?
B. Would your answer be the same if Senator Santako uttered
such remarks in Shangri-La Hotel in Makati?

Only two cases should be dismissed, Office of the Prosecutor

ug RTC Manila. (Any other place man ni diri) Committee on
Ethic sa Senate di ma-dismiss. Purusant to legislative
functions.

Basta legislative function, pwede ma-investigate***

Read Sec. 11, Art. 6

In any other place di ka pwede mapunish if any other
place other than the senate

Discharge their functions without fear

Immunity from suit to Restrictions

Discuss the questions mentioned in phone
EXAM on Saturday 5.