CONSTITUTIONAL LAW
I. IN GENERAL
CONSTITUTION: the document which serves as the fundamental
law of the state. (V. Sinco, Philippine Political Law, 11th ed., p.68-
70); that written instrument enacted by direct action of the people
by which the fundamental powers of the government are
established, limited and defined, and by which those powers are
distributed among the several departments for their safe and
useful exercise for the benefit of the body politic (Malcolm,
Philippine Constitutional Law, p.6)
Classification:
1. written (conventional or enacted) v. unwritten (cumulative or
evolved).
2. rigid v. flexible
The Philippine Constitution is written and rigid. (Art. XVII)
The 1987 Constitution took effect on February 2, 1987, the
date of the plebiscite for its ratification and not on the date its
ratification was proclaimed. (De Leon v. Esguerra, 153 SCRA
602)
Interpretation: a doubtful provision shall be examined in the light
of the history of the times and the conditions and circumstances
under which the Constitution was framed (Civil Liberties Union v.
Executive Secretary, 194 SCRA 317). In case of doubt, the
provisions should be considered self-executing; mandatory rather
directory; and prospective rather than retroactive (Nachura,
Reviewer in Political Law, p.3)
CONSTITUTIONAL LAW : designates the law embodied in the
Constitution and the legal principles growing out of the interpre-
tation and application of its provisions by the courts in specific
cases (Sinco, supra, p.67)
II. STATE
A community of persons, more or less numerous, permanently
occupying a definite portion of territory, independent of external
control, and possessing a government to which a great body of
the inhabitants render habitual obedience; a politically organized
sovereign community independent of outside control bound by
ties of nationhood, legally supreme within its territory, acting
through a government functioning under a regime of law. (CIR v.
Campos Rueda, 42 SCRA 23).
Elements :
1. People inhabitants of the State, the number of which is capable
for self-sufficiency and self-defense; of both sexes for perpetuity.
Different meanings of the word people:
a. People as inhabitants (Sec.1, Art.XIII; Secs.15 -16, Art. II;
Sec.2, Art.III);
b. People as citizens (Preamble; Secs. 1 and 4, Art. II; Sec.7,
Art. III);
c. People as electors (Sec.4, Art. VII; Sec.2, Art. XVI; Sec. 25,
Art. XVIII).
2. Territory fixed portion of the surface of the earth inhabited by
the people of the State; see Art I.
3. Sovereignty supreme and uncontrollable power inherent in a
State by which that State is governed;
Characteristics:
a. permanent
b. exclusive
c. comprehensive
d. absolute
e. indivisible
f. inalienable
g. imprescriptible
Theory of Auto-Limitation : any state may by its consent,
express or implied, submit to a restriction of its sovereign
rights. There may thus be a curtailment of what otherwise is
a power plenary in character. (Reagan v. CIR, G.R. No. L-
26379. Dec. 27, 1969).
Imperium : the states authority to govern embraced in the
concept of sovereignty; includes passing laws governing a
territory, maintaining peace and order over it, and defending
it against foreign invasion.
Dominium : capacity of the state to own or acquire property.
(Lee Hong Hok v. David, 48 SCRA 372)
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Effect of Belligerent Occupation No change in
sovereignty. However, political laws, except those of treason,
are suspended; municipal laws remain in force unless
changed by the belligerent occupant.
principle of jus postliminium At the end of the
occupation, political laws are automatically revived.
(Peralta v. Director of Prisons, 75 Phil. 285)
Effect of Change of Sovereignty The political laws of the
former sovereign, whether compatible or not with those of the
new sovereign, are automatically abrogated, unless they are
expressly re-enacted by affirmative act of the new sovereign.
Municipals laws remain in force. (Macariola v. Asuncion, 114
SCRA 77)
Jurisdiction manifestation of sovereignty
a. Territorial authority to have all persons and things
within its territorial limits to be completely subject to its
control and protection.
b. Personal -- authority over its nationals, their persons,
property, and acts, whether within or outside its
territory.
c. Extraterritorial authority over persons, things or acts,
outside its territorial limits by reason of their effects to
its territory.
4. Government that institution or aggregate of institutions by
which an independent society makes and carries out those rules of
action which are necessary to enable men to live in a social state
or which are imposed upon the people forming that society by
those who possess the power or authority of prescribing them. (US
v. Dorr, 2 Phil. 332).
Government of the Republic of the Philippines is the
corporate governmental entity through which the functions of
government are exercised throughout the Philippines,
including the various arms which political authority is made
effective, whether pertaining to the autonomous regions, the
provincial, city or barangay subdivisions or other forms of
local government. [Sec. 2(1), E.O. 292 or the Administrative
Code of 1987]
Classification:
1. de jure has a rightful title but no power or control, either,
because same has been withdrawn from it or because same has
not yet actually entered into the exercise thereof.
2. de facto actually exercises power or control but without legal title
(Lawyers League for a Better Philippines v. Aquino, G.R. No.
73748, May 22, 1986).
a. De facto proper government that gets possession and
control of, or usurps, by force or by the voice of the majority,
the rightful legal government and maintains itself against the
will of the latter;
b. Government of paramount force established and maintained
by military forces who invade and occupy a territory of the
enemy in the course of war; and
c. Independent government established by the inhabitants of
the country who rise in insurrection against the parent state
(Ko Kim Cham v. Valdez Tan Keh, 75 Phil. 113).
Functions:
1. constituent compulsory because constitutive of the very bonds of
society;
2. ministrant undertaken to advance general interest of society
(Bacani v. NACOCO, 100 Phil. 468); merely optional.
Doctrine of Parens Patriae government as guardian of the
rights of People (Government of Philippines Islands v. El Monte de
Piedad, 35 SCRA 738).
FUNDAMENTAL
POWERS OF THE STATE
Inherent Powers of the State:
I . POLICE POWER
Law of overruling necessity: power promoting public welfare by
restraining and regulating the use of liberty and property.
Basis: public necessity and right of State and of public to self- 6. Due process of law the defendant must be given an opportunity
protection and self-preservation. to be heard.

Who may exercise: generally, the legislature but also: III. POWER OF TAXATION
1. the President, power by which State raises revenue to defray necessary expenses
of the Government.
2. Administrative bodies, and
3. Law-making bodies of LGUs Scope: covers persons, property, or occupation to be taxed within
taxing jurisdiction
Requisites (Limitations):
Basis: power emanating from necessity (lifeblood theory)
1. Lawful Subject the interests of the public in general, as
distinguished from those of a particular class, require the exercise Who may exercise: generally, the legislature but also:
of the power;
2. Lawful Means the means employed are reasonably necessary for
1. Law-making bodies of LGUs (Sec.5, Art. X); and
the accomplishment of the purpose, and not unduly oppressive on 2. The President, under Sec. 28 (2), Art. VI of the Constitution or as
individuals; incident of emergency powers that Congress may grant to him
3. When exercised by a delegate: under Sec. 23(2), Art. VI.
a. express grant by law;
b. within territorial limits for LGUs except when exercised to Limitations on the Power of Taxation:
protect water supply; and 1. Inherent limitations
c. must not be contrary to law. a. Public purpose;
b. Non-delegability of power;
c. Territoriality or situs of taxation;
II . POWER OF EMINENT DOMAIN d. Exemption of government from taxation;
power of State to forcibly take private property for public use e. International comity.
upon payment of just compensation
2. Constitutional limitations
Basis: necessity of the property for public use.
a. Due process of law;
Who may exercise: generally, the legislature but also: b. Equal protection of law;
1. the President; c. Uniformity, equitability, and progressivity of taxation;
2. Law-making bodies of LGUs; d. Non-impairment of contracts;
3. Public Corporations, and; e. Non-imprisonment for non-payment of poll tax;
4. Quasi-public Corporations. f. Origin of appropriation, revenue, and tariff bills;
g. Non-infringement of religious freedom;
Two stages: h. Delegation of legislative authority to the President to fix tariff
1. determination of the authority of the plaintiff to exercise the power rates, import and export quotas, tonnage and wharfage dues;
and the propriety of its exercise;
2. determination of just compensation. i. Tax exemption of properties actually, directly and exclusively
used for religious, charitable and educational purposes;
Requisites: j. Majority vote of all members of Congress required in case of
legislative grant of tax exemptions;
1. Necessity when exercised by: k. Non-impairment of the Supreme Courts jurisdiction in tax
a. Congress political question; cases;
b. Delegate justiciable question
2. Private property all private property capable of ownership may
l. Tax exemption of revenues and assets of, including grants,
endowments, donations, or contributions to, educational
be expropriated, except money and choses in action; may include
institutions.
services (Republic v. PLDT, 26 SCRA 620).
3. Taking:
a. there is taking when: Any question regarding the constitutionality of a tax measure must
i. owner actually deprived or dispossessed of his property; be resolved in favor of its validity.
ii. there is practical destruction or a material impairment of
value of property;
iii. owner is deprived of ordinary use of his property; and Any doubt regarding the taxability of any person under a valid law
iv. owner is deprived of jurisdiction, supervision and control must be resolved in favor of that person and against the taxing
of his property. power.
b. requisites:
i. expropriator must enter a private property; Any doubt as to the applicability of a tax exemption granted to a
ii. entry must be more than a momentary period; person must be resolved against the exemption.
iii. entry must be under a warrant or color of authority;
iv. property must be devoted to public use or otherwise Double Taxation additional taxes are laid:
informally appropriated or injuriously affected; 1. on the same subject;
v. untilization of the property must be in such a way as to 2. by the same taxing jurisdiction;
oust the owner and deprive him of beneficial enjoyment of
the property (Republic v. Castelvi, 58 SCRA 336).
3. during the same taxing period; and
4. for the same purpose.
4. Public use - has been broadened to include not only uses directly
available to the public but also those which redound to their Despite lack of specific constitutional prohibition, double taxation
indirect benefit; that only a few would actually benefit from the will not be allowed if the same will result in a violation of the equal
expropriation of the property foes not necessarily diminish the protection clause (Nachura, Reviewer in Political Law, p.38).
essence and character of public use (Manosca v. Court of Appeals, TAX LICENSE FEE
252 SCRA 412). 1. as to basis
5. Just compensation - compensation is qualified by the word just to Power of taxation to raise Police power to regulate
convey that equivalent must be real, substantial, full and fair; the revenue
value of the property must be determined either as of the date of
2. limitation
the taking of the property or the filing of the complaint, whichever
Rate or amount to be Amount limited to cost of:
came first.(Eslaban v. vda. De Onorio, G.R. No. 146062, June 28,
collected unlimited provided (a) issuing the license and
2001)
not confiscatory. (b) necessary inspection or
Formula: -- fair market value of the property, to which must
police surveillance.
be added the consequential damages, minus the
consequential benefits, but in no case will the consequential 3. object
benefits exceed the consequential damages Imposed on persons or Paid for privilege of doing
property. something but privilege is
Fair market value the price that maybe agreed upon revocable.
by parties who are willing but are not compelled to enter 4. effect of non-payment
into a contract of sale. Business or activity does not Business becomes illegal.
Consequential damages consist of injuries directly become illegal.
caused on the residue of the private property taken by
reason of expropriation

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 FUNDAMENTAL POWERS OF THE STATE

Distinctions

POLICE POWER EMINENT DOMAIN TAXATION

1. Regulates both liberty and property Affects only property rights Affects only property rights

2. Exercised only by the Government Maybe exercised by private entities Exercised only by the Government

3. Public necessity and the right of the Necessity of the public for the use of Public necessity
state and of the public to self- private property
preservation and self-protection.
4. Property intended for a noxious purpose Property is wholesome and is devoted Property is wholesome and is devoted
is taken and destroyed. to public use or purpose to public use or purpose

5. Compensation is the intangible, Compensation is full and fair equivalent Compensation is the protection and
altruistic feeling that the individual has of the property taken public improvements instituted by the
contributed to the public good government for the taxes paid

6. Contracts may be impaired. Contracts may be impaired. Contracts may not be impaired.

Requisites

POLICE POWER EMINENT DOMAIN TAXATION

1. Lawful subject 1. Necessity 1. Public purpose;

2. Lawful means 2. Private property;

2. Uniformity;
When exercised by a delegate: 3. Taking;
. 3. Either the person or
3. Express grant by law 4. Public use; property taxed shall be
within the jurisdiction of
4. Within the territorial limits 5. Just compensation; taxing authority;

5. Must not be contrary to law 6. Due process of law. 4. That in assessment and
collection of certain taxes,
certain guarantees against
injuries to individuals,
especially by way of notice
and opportunity for hearing
shall be provided.

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 Article I : NATIONAL TERRITORY Purpose: to prevent concentration of authority in one person or group
of persons that might lead to irreparable error or abuse in
I. Territory of the Philippines: exercise to the detriment of republican institutions. (Pangasinan
1. Philippine archipelago, with all the islands and waters embraced Transportation Co. v. Public Service Commission, G.R. No. 47065.
therein; June 26, 1940)

Archipelagic Doctrine integration of a group of islands to

Principle of Blending of Powers instance when powers are
not confined exclusively within one department but are assigned
the sea and their oneness so that together they can constitute
to or shared by several departments. (Nachura, Reviewer in
one unit, one country, and one state. An imaginary single
Political Law, 2000 ed., p. 42).
baseline is drawn around the islands by joining appropriate
points of the outermost islands of the archipelago with
Principle of Checks and Balances allows one department to
straight lines and all islands and waters enclosed within the
resist encroachments upon its prerogatives or to rectify mistakes
baseline form part of the territory. Main purpose is to protect
or excess committed by the other departments.
the territorial interests of an archipelago. (see last sentence,
Art. I).
II. DELEGATION OF POWERS
2. all other territories over which the Philippines has sovereignty or
General Rule: Potestas delegata non potest delegare
jurisdiction, consisting of its:
premised on the ethical principle that delegated power constitutes
terrestrial;
not only a right but a duty to be performed by the delegate
fluvial; and
through the instrumentality of his own judgment and not through
aerial domain;
the intervening mind of another.
Kalayaan Isand Group
Exceptions (Permissible Delegation):
a. historic right;
1. Tariff powers of the President [Sec. 28 (2), Art. VI]
b. effective control and occupation.
2. Emergency powers of President [Sec. 23 (2), Art. VI]
(P.D. No. 1596)
3. Delegation to the people [Sec. 32, Art. VI; Sec. 10, Art. X; Sec.
2, Art. XVII; RA 6753].
3. including its:
4. Delegation to Local Government units (Art X; RA 7160); and
sea bed;
5. Delegation to administrative bodies (power of subordinate
subsoil;
legislation).
insular shelves; and
(Key: PETAL)
other marine areas.
Tests for Valid Delegation:
4. Waters:
around; 1. Completeness test law must be complete in all essential terms
between; and and conditions so that there is nothing for delegate to do except
connecting enforce it;
- the islands of the archipelago, regardless of 2. Sufficient standard test map out the boundaries of delegates
(i) breadth; and authority by defining legislative policy and indicating
(ii) dimensions circumstances under which it is to be pursued (Pelaez v. Auditor
-- form part of the internal waters of the Philippines. General, 15 SCRA 569).

II. Territorial Sea III. STATE PRINCIPLES

The belt of the sea located between the coast and internal waters
of the coastal state on the one hand, and the high seas on the
other, extending up to 12 nautical miles from the low water mark.
III. Contiguous Zone
Extends up to 12 nautical miles from the territorial sea. Although
not part of the territory, the coastal State may exercise
jurisdiction to prevent infringement of customs, fiscal,
immigration or sanitary laws.
IV. Two hundred Mile Exclusive Economic Zone
not a part of the national territory but exclusive economic benefit
is reserved for the country. Thus, the coastal state has in the
exclusive economic zone:
1. sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether
living or non living, if the waters superjacent to the seabed
and subsoil, and with regard to other activities for the
economic exploitation and exploration of the zone, such as
the production of energy from the waters, currents, and
winds;
2. jurisdiction with regard to:
a. the establishment and use of artificial islands,
installations, and structures;
b. marine scientific research;
c. the protection and preservation of marine
environment;
3. other rights and duties provided for in the Convention. (Art.
56 of the UN Convention on the Law of the Sea)
V. Territorial Jurisdiction
power of the state over persons and thing within its territory.
Entities exempt from this control are:
1. Foreign states, head of states, diplomatic representatives, and to
certain degree, consuls;
2. Foreign state property, including their embassies, consulates and
public vessels engaged in non-commercial activities;
3. Acts of states;
4. Foreign merchant vessels exercising their rights of innocent
passage or involuntary entry, such as arrival under distress;
5. Foreign armies passing through or stationed in its territory with
its permission; and
6. Such other persons and property, over which the state may, by
agreement, waive jurisdiction (Nachura, Reviewer in Political Law,
1996 ed., p. 18).
Article II : PRINCIPLES AND STATE POLICIES
I. SEPARATION OF POWERS
REGARDING FOREIGN POLICY
(SEC. 2, ART. II)
1. renounces war as an instrument of national policy;
2. incorporation clause adopts the generally accepted principles of
international law as part of the law of the land; and
3. adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
IV. SUPREMACY OF CIVILIAN AUTHORITY (SEC. 3, ART. II)
Ensured by:
1. the installation of the President, the highest civilian authority as
the commander-in-chief of the military [Sec. 18, Art. VII];
2. the requirement that the members of the AFP swear to uphold
and defend the Constitution, which is the fundamental law of the
civil government;
3. the professionalization of the service and the strengthening of the
patriotism and nationalism, and respect for human rights, of the
military;
4. insulation of the AFP from partisan politics;
5. prohibition against appointment to a civil position;
6. compulsory retirement of officers, so as to avoid propagation of
power;
7. a 3-year limitation on the tour of duty of the Chief of Staff, which
although extendible in case of emergency by the President,
depends on Congressional declaration of emergency;
8. requirement of professional recruitment, so as to avoid any
regional clique from forming within the AFP [Sec. 5, Art. XVI];
and
9. the establishment of a police force that is not only civilian in
character but also under the local executives [Sec. 6, Art. XVI].
V. SEPARATION OF CHURCH AND
STATE (SEC. 6, ART. II)
Reinforced by:
1. Freedom of religion clause;
2. Non-establishment of religion clause;
3. No religious test clause [Sec. 5, Art. III];
4. No sectoral representative from religious sector [Sec. 5 (2), Art.
VI];
5. Prohibition against appropriation for sectarian benefits. [Sec.
29(2), Art. VI]; and
6. Religious denominations and sects cannot be registered as
political parties [Sec. 2 (5) Art. IX-C].
Exceptions:
1. Churches, personages, etc., actually, directly and exclusively
used for religious, charitable and educational purposes shall be
exempt from taxation [Sec. 28 (3), Art. VI];
2. Prohibition against appropriation for sectarian purposes, except
when, priest etc., is assigned to the armed forces, or to any penal

4
 institution or government orphanage or leprosarium [Sec. 29 (2), c. informed of the evidence against him;
Art. VI];
d. right to adduce evidence in his behalf;
3. Optional religious instruction for public elementary and high
e. evidence must be duly considered by the investigating
school students [Sec. 3 (3), Art. XIV];and
committee or official designated by the school to hear and
4. Filipino ownership requirement for educational institutions, except decide the case.(Ateneo de Manila University v.Capulong,
those established by religious groups and mission boards [Sec. 4 222 SCRA 644)
(2), Art. XIV].

VI. AUTONOMY OF LOCAL

GOVERNMENTS
Right to appeal is not natural right nor part of due process,
instead, it is a mere statutory right, but once given, denial
(SEC. 25, ART. II; ART. X) constitutes violation of due process.

Decentralization of Administration delegation of II. EQUAL PROTECTION OF LAW

administrative powers to local government unit in order to (SEC. 1, ART. III)
broaden the base of governmental powers.
all persons or things similarly situated must be similarly treated
Decentralization of Powers abdication of political power in both as to rights conferred and responsibilities imposed.
the favor of local governments units declared to be autonomous.
(Limbonas v. Mangelin, 170 SCRA 786) Requisites of Valid Classification:
(Key: SNAG)
1. Such classification rests upon substantial distinctions;
Article III : BILL OF RIGHTS 2. It is germane to purpose of the law;
3. It is not confined to existing conditions;
set of prescriptions setting forth the funda-mental civil and 4. It applies equally to all members of the same class. (People v.
political rights of the individual, and imposing limitations on the Vera, G.R. No. 45685. November 16, 1937).
powers of government as a means of securing the enjoyment of
those rights. III. SEARCHES AND SEIZURES
(SEC. 2, ART. III)
Classification of Rights:
1. Political rights granted by law to members of community in Scope: a popular right and hence, protects all persons, including
relation to their direct or indirect participation in the aliens (Qua Chee Gan v. Deportation Board, 9 SCRA 27) and, to a
establishment or administration of the government; limited extent, artificial persons. (Bache & Co., Inc. v. Ruiz, 37
2. Civil rights rights which municipal law will enforce at the SCRA 825)
instance of private individuals, for the purpose of securing them
the enjoyment of their means of happiness; Requisites of Valid Warrant:
3. Social and economic rights; and
4. Human rights. 1. Probable Cause
Such facts and circumstances antecedent to the issuance of a
I. DUE PROCESS OF LAW warrant that in themselves are sufficient to induce a cautious
man to rely on them and act in pursuance thereof (People v.
That which hears before it condemns, which proceeds upon Syjuco, 64 Phil 667); Must refer to one specific offense (Asian
inquiry and renders judgment only after trial (Darmouth College Surety v. Herrera, 54 SCRA 312);
v. Woodward, 4 Wheaton 518)
For a search warrant, such facts and circumstances which
Aspects of Due Process: would lead a reasonably discreet and prudent man to believe
1. Substantive due process that an offense has been committed and that the objects
Requisites: sought in connection with the offense are in the place sought
a. the Interest of the public in general, as distinguished from to be searched (Burgos v. Chief of Staff, 133 SCRA 800).
that of a particular class require the intervention of the
state; 2. Determination of probable cause personally by the judge;
b. means employed are reasonably necessary for
accomplishment of purpose and not unduly oppressive. SEARCH WARRANT OF ARREST
WARRANT
Publication of laws is part of substantive due process. (Taada v. The judge must personally
examine in the form of
It is not necessary that the
judge should personally
Tuvera, 146 SCRA 446)
searching questions and examine the complainant
2. Procedural due process answers, in writing and and his witnesses (Soliven v.
Requisites of Civil Procedural due process: under oath, the complaints Makasiar, 167 SCRA 393);
a. an impartial court or tribunal clothed with judicial power to and any witnesses he may the judge would simply
hear and determine matters before it; produce on facts personally personally review the initial
b. jurisdiction properly acquired over person of defending and known to them. (Sec. 4, determination of the
over property which is subject matter of proceeding; Rule 126, Rules of Court); prosecutor to see if it is
c. opportunity to be heard; the determination of supported by substantial
d. judgment rendered upon lawful hearing and based on probable cause depends to a evidence; he merely
evidence adduced (Banco Espaol Filipino v. Palanca, G.R. large extent upon the determines the probability,
No. L-11390. March 26, 1918.) finding or opinion of the not the certainty of the
judge who conducted the accused and, in so doing, he
Requisites of Criminal due process [Sec. 14 (1), Art. III]: required examination of the need not conduct a de novo
applicant and the witnesses hearing (Webb v. De Leon,
a. accused has been heard in a court of competent jurisdiction; (Kho v. Judge Makalintal 247 SCRA 652)
b. accused is proceeded against under the orderly processes of G.R. No. 94902-06, April 21,
law; 1999)
c. accused is given notice and opportunity to be heard; and
d. judgment rendered within authority of constitutional law 3. After personally examining under oath or affirmation of the
(Mejia v. Pamaran, 160 SCRA 457). complainant and the witness he may produce;

Requisites of Administrative Due Process: 4. On the basis of their personal knowledge of the facts they are
testifying to;
a. right to a hearing, which includes the right to present ones
case and support evidence in support thereof; 5. The warrant must describe particularly the place to be searched
b. tribunal must consider evidence adduced; and the things or person to be seized.
c. decision must have something to support itself;
d. evidence must be substantial; SEARCH WARRANT OF ARREST
WARRANT
e. decision must be based on evidence adduced, or at least
The description of property General warrants are
contained in the records and disclosed to the parties;
to be seized need not be proscribed and
f. independent consideration of evidence, and not rely on the technically accurate nor unconstitutional (Nolasco v.
recommendation of a subordinate; and necessarily precise, and its Puno, 139 SCRA 152);
g. the decision must state the facts and the law in such a way nature will necessarily vary However, a John Doe
that the parties can know the issues involved and the according to whether the Warrant (a warrant for the
reasons for the decision. (Ang Tibay v. CIR, 69 Phil 635) identity of the property or its apprehension of a person
character is a matter of whose true name is
Requisites of Due Process for Students before Imposition of concern; the description is unknown) satisfies the
Disciplinary Sanctions: required to be specific only constitutional requirement
in so far as the of particularity if there is
a. must be informed in writing of the nature and cause of the
circumstances will allow some descrpitio personae
accusation against him;
(Kho v. Judge Makalintal, which will enable the officer
b. right to answer charges against him, with the assistance of G.R. No. 94902-06, April 21, to identify the accused
counsel, if desired; 1999) (Nachura, Reviewer in

5
 Political Law, p. 73) 2. Dangerous tendency rule words uttered create a dangerous
tendency of an evil which the State has a right to prevent
(Cabansag v. Fernandez, 102 Phil. 502);
Commissioner of Immigration and Deportation may issue warrant
only for purpose of carrying out a final decision of deportation 3. Balancing of interest rule when particular conduct is regulated
(CID v. Judge De la Rosa, 197 SCRA 853) or there is sufficient in interest of public order, and the regulation results in an
proof of guilt of an alien (Harvey v. Defensor-Santiago, G.R. No. indirect, conditional, partial abridgment of speech, the duty of the
82544, June 28, 1988). courts is to determine which of the 2 conflicting interests
demands the greater protection under the particular
Exclusionary Rule Evidence obtained in violation of Sec. 2, circumstances presented (American Communications Association
Art. III, shall be inadmissible for any purpose in any proceedings v. Douds, 339 US 282).
(Fruit of a Poisonous Tree Doctrine) (Stonehill v. Diokno, 20 SCRA
383) Assembly and Petition:
The right to assemble is not subject to prior restraint and may
Warrantless Arrest, When Valid not be conditioned upon the prior issuance of a permit or
1. when person to be arrested has committed, is actually authorization from the government authorities. However, the
committing, or is attempting to commit an offense; right must be exercised in such a way as will not prejudice the
2. when public welfare (De la Cruz v. Court of Appeals, G.R. Nos. 126183
a. an offense has just been committed; and &129221, March 25, 1999).
b. he has probable cause to believe based on personal If assembly is to be held at a public place, permit for the use of
knowledge of facts or circumstances that the person to be such place, and not for the assembly itself may be validly
arrested has committed it; and required. Power of local officials is merely for regulation and not
for prohibition. (Primicias v. Fugoso, 80 Phil 71)
3. when a person to be arrested is an escapee or detention prisoner.
(Sec. 5, Rule 113, Revised Rules of Criminal Procedure) Permit for public assembly is not necessary if meeting is to
be held in:
An application for or admission to bail shall not bar the accused a. a private place;
from challenging the validity of his arrest, provided that he raises b. the campus of a government-owned or operated
them before entering his plea. (Sec. 26, Rule 114, educational institution; or
Revised Rules of Criminal Procedure) c. a freedom park. [B.P. Blg. 880 (The Public Assembly
Act of 1985)].
Warrantless Searches, When Valid:
1. when right has been voluntarily waived (People v. Malasugui, 63 VI. FREEDOM OF RELIGION
Phil 221); (SEC. 5, ART. III)
2. as an incident to a lawful arrest, provided search is
contemporaneous to arrest and within permissible area of search 1. Non-establishment clause
(see Sec. 13, Rule 126, Revised Rules on Criminal Procedure);
a valid arrest must precede the search; the process cannot Scope:
be reversed. (People v. Chua Ho San, 308 SCRA 432). a. State cannot set-up church;
3. searches of vessel and aircraft for violation of fishery, b. Cannot pass laws which aid one religion, all religions or
immigration and customs laws (Roldan v. Arca, 65 SCRA 336); prefer one over another;
4. searches of automobiles at borders or constructive borders for c. Nor influence a person to go to or remain away from church
violation of immigration and smuggling laws (Papa v. Mago, 22 against his will; nor
SCRA 857); d. Force him to profess a belief or disbelief in any religion
5. Inspection of buildings and other premises for the enforcement of (Martin, Reviewer in Political Law, p. 39)
fire, sanitary and building regulations;
6. Visual search at checkpoints (Valmonte vs. de Villa, 178 SCRA 2. Freedom of religious belief and worship
211).
7. Conduct of areal target zoning and saturation drive in the Dual aspect of freedom of religious belief and worship:
exercise of military powers of the President (Guazon v. de Villa,
181 SCRA 623). a. Freedom to believe absolute; and
8. When there is valid reason to stop-and-frisk (Manalili v. Court b. Freedom to act on ones belief subject to regulation.
of Appeals, G.R. No. 113447, October 7, 1997).
9. Where prohibited articles are in plain view (Chia v. Actg. Collector VII. LIBERTY OF ABODE
of Customs, 177 SCRA 755) (SEC. 6, ART. III)
Plain View Doctrine objects within the sight of an officer who
has the right to be in a position to have that view are subject to Limitations:
seizure and may be presented as evidence (open to the eye and 1. Liberty of abode - lawful order of the court
hand). 2. Right to travel
Elements: a. In the interest of national security, public safety, public
a. a prior valid intrusion based on the valid warrantless arrest health, as may be provided by law;
in which the police are legally present in the pursuit of their b. any person on bail (Silverio vs. CA, G.R. No. 94284. April 8,
official duties; 1991.)
b. the evidence was inadvertently discovered by the police who
have the right to be where they are; VIII. RIGHT TO INFORMATION
c. the evidence must be immediately apparent; (SEC. 7, ART. III)
d. plain view justified mere seizure of evidence without further
search. (People v. Bolasa, GR No. 125754, Dec.22, 1999). Rights guaranteed:
1. Right to information to matters of public concern; and
IV. PRIVACY OF COMMUNICATION AND CORRESPONDENCE 2. Corollary right of access to official records and documents.
[SEC. 3(1), ART. III] These are political rights that are available to citizens only.
(Bernas, Philippine Constitution, p. 85)
Limitations:
1. by lawful order of the court; IX. RIGHT TO FORM ASSOCIATIONS (SEC. 8, ART. III)
2. public safety or public order requires otherwise, as may be
provided by law (Sec. 3, Art. III). Right to form association shall not be impaired without due
process of law;

V. FREEDOM OF EXPRESSION Also guarantees the right not to join an association.

(SEC. 4, ART. III)
X. NON-IMPAIRMENT OF
Aspects: CONTRACTS (SEC. 10, ART. III)
1. freedom from censorship or prior restraint;
2. freedom from subsequent punishment. Impairment anything that diminishes the efficacy of contract

Tests for Valid Government Interference to Freedom of Limitations:

Expression: 1. police power prevails over contracts.
2. eminent domain may impair obligations of contracts.
1. Clear and present danger rule when words are used in such 3. taxation cannot impair obligation of contracts.
circumstance and of such nature as to create a clear and present
danger that will bring about substantive evil that State has right XI. RIGHTS OF AN ACCUSED UNDER CUSTODIAL
to prevent (Schenck v. U.S., 249 US 97); INVESTIGATION
a. clear causal connection with the danger of the substantive (SEC. 12, ART. III)
evil arising from the utterance questioned; and
b. present time element, identified with imminent and 1. right to be informed of his right to remain silent and to
immediate danger; the danger must not only be probable, counsel;
but very likely inevitable (Gonzales v. Comelec, 27 SCRA
835).
Rationale:
a. to make him aware of it;

6
 b. to overcome the inherent pressure of the
interrogating atmosphere.
c. to show the individual that his interrogators are
prepared to recognize his privilege should he choose
to invoke it.
Carries the correlative obligation on the part of the
investigator to explain, and contemplates effective
communication which results in the subject
understanding what is conveyed (People v. Agustin, 240
SCRA 541).
2. right to be reminded that if he waives his right to remain
silent, anything he says can and will be used against him;
Rationale:
a. to warn him of the consequences of waiving his
right to remain silent;
b. to make him aware that this is an adversary
system, and the police are not acting in his interest.
3. right to remain silent;
4. right to have competent and independent counsel preferably
of his own choice;
Rationale:
a. to mitigate the dangers of untrustworthiness in his
testimony, since the inherent pressure initially
overcome by the right to remain silent may again
run unless coupled with the right to counsel;
b. to lessen the possibility of coercion by the police.
preferably of his own choice does not mean that the
choice of a lawyer is exclusive as to preclude other
equally competent and independent attorneys from
handling the defense (People v. Barasina, 229 SCRA
450).
5. right to be provided with counsel, if the person cannot afford
the services of former;
Rationale:
a. to inform him that if he does not have counsel or
cannot afford one, he does not have to defend
himself alone;
b. to inform him that his poverty is no reason why he
should lose his right to counsel.
While the choice of the lawyer is naturally lodged in the
police investigators, the suspect has the final choice as
he may reject the counsel chosen for him and ask for
another one (People v. Jerez, G.R. No. 114385, January
19, 1998).
6. no force, etc. which vitiates free will shall be used;
7. secret detention places, etc., are prohibited;
8. confessions/admissions obtained in violation of these rights
are inadmissible as evidence.
What is sought to be avoided by the rule is the evil of
extorting from the very mouth of the person undergoing
interrogation for the commission of an offense the very
evidence with which to prosecute and thereafter to
convict him (People v. Bonola, G.R. No. 116394, June
19, 1997).
When available
the rights under Sec.12, Art. III are available when the
investigation is no longer a general inquiry unto an unsolved
crime but has begun to focus on a particular suspect, the suspect
has been taken into police custody, the police carry out a process
of interrogation that lends itself to eliciting incriminating
statements (People v. Mara, 55 SCAD 418).
Sec. 2 of RA No. 7438 provides that custodial investigation shall
include the practice of issuing an invitation to a person who is
under investigation in connection with an offense he is suspected
to have committed.
What rights may be waived:
1. the right to remain silent;
2. the right to counsel.
Waiver must be in writing and in the presence of counsel.
What rights cannot be waived:
1. the right to be informed of his right to remain silent and to
counsel;
2. the right to counsel when making the waiver of the right to
remain silent or to counsel.
Rights of Person Suspected and Subsequently Charged:
1. Before case is filed in court/prosecutor for preliminary
investigation but after being put into custody to or otherwise
deprived of liberty, and on being interrogated by police
a. to remain silent;
b. to be informed thereof;
7
c. not to be subjected to force, violence, threat, or intimidation
which vitiates free will;
d. to have evidence obtained in violation of these rights
inadmissible as evidence.
2. After the case is filed in court -
a. to refuse to be witness against himself;
b. not to have prejudice imputed on him as a result of such
refusal;
c. to testify on his behalf;
d. to cross-examination;
e. while testifying, to refuse questions which tend to
incriminate him for some crime other than present charge.
XII. RIGHT TO BAIL
(SEC. 13, ART. III)
Bail security given for the release of a person in custody of law,
furnished by him or a bondsman, to guarantee his appearance
before any court as required under conditions specified under the
rules of court. (see Sec. 1, Rule 114, Revised Rules of Criminal
Procedure).
1. The right to bail may be invoked once detention commences even
if no formal charges have yet to be filed (Teehankee v. Rovira, 75
Phil. 634).
2. Suspension of the writ of habeas corpus does not suspend right
to bail [Sec.13, Art.III].
3. Even when the accused has previously jumped bail, still he
cannot be denied bail before conviction if it is a matter of right.
The remedy is to increase the amount of bail. (Sy Guan v.
Amparo, G.R. No. L-1771. December 4, 1947);
BAIL, A MATTER OF RIGHT
(RULE 114, SEC. 4)
All persons in custody shall be admitted to bail as a matter
of right, with sufficient sureties, or be released on
recognizance as prescribed by law or this rule:
(a.) Before or after conviction by the MTC, and
(b.) Before conviction of the RTC of an offense not
punishable by death, reclusion perpetua or life
imprisonment.
BAIL, WHEN DISCRETIONARY
(RULE 114, SEC. 5)
Upon conviction by the RTC of an offense not punishable
by death, reclusion perpetua, or life imprisonment, the
court, on application, may admit the accused to bail.
The court, in its discretion, may allow the accused to
continue on provisional liberty after the same bail bond
during the period to appeal subject to the consent of the
bondsman.
If the court imposed a penalty of imprisonment
exceeding 6 years but not more than 20 years, the accused
shall be denied bail, or his bail previously granted shall be
cancelled, upon showing by the prosecution, with notice to
the accused, of the following or other similar circumstances:
(a) that the accused is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteracion;
(b) that the accused is found to have previously escaped
from legal confinement, evaded sentence, or has
violated the conditions of his bail without valid
justification;
(c) that the accused committed the offense while on
probation, parole, or under conditional pardon;
(d) that the circumstances of the accused or his case
indicate the probability of flight if released on bail; or
(e) that there is undue risk that during the pendency of
the appeal, the accused may commit another crime.
Hearing: whether bail is a matter of right or of discretion,
reasonable notice of hearing is required to be given the
prosecutor, or at least he must be asked for his recommendation,
because in fixing the amount of bail, the judge is required to take
into account a number of factors (Cortes v. Judge Catral, A.M.
No. RTJ-97-1387, September 10, 1997).
Standards for fixing amount of bail:
1. financial ability of accused;
2. nature and circumstances of offense;
3. penalty for offense;
4. character and reputation of accused;
5. age and health of accused;
6. weight of evidence against him;
7. probability of his appearance at trial;
8. forfeiture of other bail;
9. whether he was a fugitive from justice when arrested ; and
10. pendency of other cases where he is on bail.
Excessive bail shall not be required. (Sec. 9, Rule 114, Revised
Rules of Criminal Procedure)
WHEN BAIL SHALL BE DENIED
(RULE 114, SEC. 7)
No person, regardless of the stage of the criminal
prosecution, shall be admitted to bail if:
 (a.) charged with a capital offense, or an offense
punishable by reclusion perpetua or life
imprisonment; AND
(b.) evidence of guilt is strong.
When the accused is charged with an offense punishable by
reclusion perpetua or higher, a hearing on the motion for bail
must be conducted by the judge to determine whether or not the
evidence of guilt is strong (Baylon v. Judge Sison, 243 SCRA
284).
Writ of habeas corpus writ issued by court directed to person
detaining another, commanding him to produce the body of the
prisoner at designated time and place, with the day and cause of
his capture and detention, to do, to submit to, and to receive
whatever court or judge awarding writ shall consider in his behalf.
(Nachura, Reviewer in Political Law, p. 135).
Habeas corpus lies only where the restraint of a persons
liberty has been judicially adjudged to be illegal or unlawful
(In Re: Petition for Habeas Corpus of Wilfredo S. Sumulong-
Torres, 251 SCRA 709).

Without a hearing, the judge could not possibly assess the weight
of the evidence against the accused before granting the latters XV.RIGHT TO SPEEDY DETERMINATION OF CASES
application for bail (Buzon v. Judge Velasco, 253 SCRA 601). (SEC. 16, ART. III)

XIII. RIGHTS OF THE ACCUSED all persons shall have the right to speedy disposition of cases
(SEC. 14, ART. III) before judicial, quasi-judicial and administrative bodies.

1. Criminal Due Process:

a. accused to be heard in court of competent jurisdiction; XVI. SELF-INCRIMINATION
b. accused proceeded against under orderly processes of law; (SEC. 17, ART. III)
c. accused given notice and opportunity to be heard;
d. judgment rendered was within the authority of Availability : not only in criminal proceedings, but also in all other
constitutional law. government proceedings, including civil actions and administrative
or legislative investigations. May be claimed not only by accused
2. Presumption of Innocence but by witness to whom an incriminating question is addressed.

Scope : applies only to testimonial compulsion and production of

Every circumstance favoring the innocence of the accused documents, papers and chattels in court except when books of
must be taken into account; account are to be examined in exercise of power of taxation and
The proof against him must survive the test of reason; the police power.
strongest suspicion must not be permitted to sway
judgment. (People v. Austria, 195 SCRA 700) Transactional Immunity Statute testimony of any person or
whose possession of documents or other evidence necessary or
Equipoise or Equiponderance of Evidence evidence of convenient to determine the truth in any investigation conducted
both sides are equally balanced. is immune from criminal prosecution for an offense to which such
Effect in criminal prosecution: acquittal of accused compelled testimony relates [Sec. 18 (8), Art. XIII].
because it is insufficient to overcome presumption of
innocence. Use and Fruit Immunity Statute prohibits the use of a
witness compelled testimony and its fruits in any manner in
3. Right to be heard by himself and counsel connection with the criminal prosecution of the witness (Galman
v. Pamaran, 138 SCRA 274).

The accused is amply accorded legal assistance extended

by a counsel who commits himself to the cause of the
defense and acts accordingly; an efficient and truly decisive
legal assistance, and not simply a perfunctory
representation (People v. Bermas, G.R. No. 120420, April
21, 1999).
Right to counsel during the trial is not subject to waiver
(Flores v. Ruiz, 90 SCRA 428).
4. Right to be informed of nature and cause of accusation against
him;
Description not designation of the offense is controlling.
Void-for-vagueness rule accused is denied the right to
be informed of the charge against him, and to due process
as well, where the statute itself is couched in such
indefinite language that it is not possible for men of
ordinary intelligence to determine therefrom what acts or
omissions are punished and, hence shall be avoided
(Nachura, Reviewer in Political Law, p. 131).
5. Right to speedy, impartial and public trial;
Speedy free from vexatious, capricious and oppressive
delays;
Impartial accused entitled to cold neutrality of an
impartial judge.
XVII. NON-DETENTION BY REASON OF POLITICAL BELIEFS OR
ASPIRATION [SEC. 18 (1), ART. III]
No person shall be detained by reason of his political beliefs or
aspirations
XVIII. INVOLUNTARY SERVITUDE [SEC. 18 (2), ART. III]
Condition where one is compelled by force, coercion, or
imprisonment, and against his will, to labor for another, whether
he is paid or not.
General Rule: No involuntary Servitude shall exist.
Except:
1. as punishment for a crime whereof one has been duly convicted [
Sec. 18(2), Art. III];
2. service in defense of the state [Sec 4, Art. II];
3. naval enlistment (Robertson v. Baldwin, 165 US 275);
4. posse comitatus (US v. Pompeya, 31 Phil. 245)
5. return to work order in industries affected with public interest
(Kaisahan ng Mangagawa sa Kahoy v. Gotamco Sawmills, G.R.
No. L-1573. March 29, 1948); and
6. patria potestas [Art. 211, par.(2), FC]
XIX. PROHIBITED PUNISHMENTS (SEC. 19, ART. III)

Public to prevent possible abuses which may be Prohibited punishment -- mere severity does not constitute
committed against the accused. cruel or unusual punishment. To violate constitutional guarantee,
penalty must be flagrant and plainly oppressive, disproportionate
6. Right to meet witness face to face to nature of offense as to shock senses of community.

Witnesses not submitted for cross-examination not

XX. NON-IMPRISONMENT FOR DEBTS (SEC. 20, ART. III)
admissible as evidence;
Right to cross-examination may be waived. No person shall be imprisoned for debt or non-payment of poll
tax.
7. Right to compulsory process to secure attendance of witnesses
and production of evidence; Coverage:
1. Debt any civil obligation arising from a contract.
8. Trial in absentia 2. Poll Tax a specific sum levied upon any person belonging to a
certain class without regard to property or occupation (e.g.
after arraignment;
Community Tax )

due notice;
absence is unjustified.
A Tax is not a debt since it is an obligation arising from law hence
its non-payment maybe validly punished with imprisonment.

XIV. HABEAS CORPUS XXI. DOUBLE JEOPARDY

(SEC. 15, ART. III) (SEC. 21, ART. III)

8
Requisites: d. Those who are citizens under the 1935 Constitution;
1. valid complaint or information;
2. filed before competent court;
e. Those who are citizens under the 1973 Constitution.
2. Those whose fathers or mothers are citizens of the Philippines;
3. to which defendant has pleaded; and
3. Those born before January 17, 1973, of Filipino mothers, who
4. defendant was previously acquitted or convicted or the case
elect Philippines citizenship upon reaching the age of majority;
dismissed or otherwise terminated without his express consent
(People v. Ylagan, 58 Phil 851) Time to elect: 3 years after age of majority
4. Those naturalized in accordance with law.
Two types:
1. No person shall be twice put in jeopardy of punishment for the
same offense; Caram Rule under the 1935 Constitution, those born in the
2. If an act is punishable by a law and an ordinance, conviction or Philippines of foreign parent, who before the adoption of the
acquittal under either shall constitute a bar to another Constitution had been elected to public office in the Philippines,
prosecution for the same act. are considered Filipino citizens.

Natural Born Citizens (Sec. 2, Art. IV)

Dismissal of action, when made at instance of the accused, does
not put accused in first jeopardy, except:
a. when ground for dismissal is insufficiency of evidence; or
b. when the proceedings have been unreasonably prolonged as
to violate the right of the accused to a speedy trial.
Crimes covered:
1. same offense; or attempt to commit or frustration thereof or for
any offense which necessarily includes or is necessarily included
in the offense charged in original complaint or information; and
2. when an act is punished by a law and an ordinance, conviction or
acquittal under either shall bar another prosecution for the same
act.
Doctrine of Supervening Event prosecution for another
offense if subsequent development changes character of the first
indictment under which he may have already been charged or
convicted.
1. Citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship;
2. Those born before January 17, 1973 of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority
Who Must Be Natural Born Citizens
a. President [Sec.2, Art. VII];
b. Vice President [Sec.3, Art. VII];
c. Members of Congress [Sec.3 & 6, Art. VI];
d. Justices of the Supreme Court and lower collegiate courts [Sec.
7(1), Art. VIII];
e. Ombudsman and his deputies [Sec.8, Art.XI];
f. Constitutional Commissions [Secs.1(1) of Arts. IX-B, IX-C, and
IX-D];
g. Members of the governing board of the Central Monetary
Authority [Sec.20, Art. XII];
h. Chairman and members of the Commission of Human Rights
[Sec.17(2), Art.XIII].

Conviction of accused shall NOT bar another prosecution for an II. NATURALIZATION
offense which necessarily includes the offense originally
charged when: Qualifications for Naturalization:

1. graver offense developed due to supervening facts arising from 1. not less than 18 years of age on date of hearing of petition (as
the same act or omission; amended by RA 6809);

2. facts constituting graver offense arose or discovered only after
filing of former complaint or information; and
3. plea of guilty to lesser offense was made without the consent of
prosecutor or offended party (People v. Judge Villarama, 210
SCRA 246).
XXII. EX POST FACTO LAW AND BILL OF ATTAINDER
(SEC. 22 ART. III)
2. resided in the Philippines for not less than 10 years; may be
reduced to 5 years, if:
a. honorably held office in the Philippines;
b. established new industry or introduced a useful invention;
c. married to a Filipino woman;
d. engaged as teacher in Philippine public or private school not
established for exclusive instruction to particular nationality
or race, or in any of branches of education or industry for a
period of not less than 2 years; and
e. born in the Philippines;

EX POST FACTO LAW 3. character:

Kinds:
1. law making an act criminal which was not before its passage;
2. law aggravating penalty for crime committed before passage;
3. law inflicting greater or more severe penalty;
4. law altering legal rules of evidence and receive less or different
testimony than law required at time of commission, in order to 4.
convict accused;
5. law assuming to regulate civil rights and remedies only, in effect
imposes a penalty 5.
6. of deprivation of right for something which when done was
lawful; 6.
7. law depriving accused of some lawful protection to which he had
been entitled, such a protection of a former conviction or
acquittal, or a proclamation of amnesty.
a. good moral character;
b. believes in the Constitution;
c. conducted himself in an irreproachable conduct during his stay
in the Philippines;
Own real estate in the Philippines not less than P5,000 in value;
or have some lucrative trade, profession or lawful occupation that
can support himself and his family;
Speak and write English or Filipino and any principal Philippine
dialects; (as amended by Sec. 6 Art. XIV); and
Enrolled minor children in any public or private school recognized
by government where Philippine history, government and civics
are taught as part of curriculum, during the entire period of
residence prior to hearing of petition.

Declaration of Intention must be filed with the Office of the

Characteristics: Solicitor General one year before filing of application for naturalization.
1. refers to criminal matters; Exception:
2. retroactive; and
3. prejudice the accused.
a. Those born in the Philippines and received primary and
secondary education in a Philippine school;
b. Those who have resided in the Philippines for thirty years;
BILL OF ATTAINDER - legislative act that inflicts punishment c. The widow or children of the applicant who died before his
without trial; legislative declaration of guilt. application was granted.

Disqualification for Naturalization:

Article IV : CITIZENSHIP 1. opposed to organized government or affiliated with any
association or group of persons who uphold and teach doctrines
I. CITIZENSHIP opposing all organized governments;
membership in a political community which is personal and more 2. defending or teaching necessity or propriety of violence, personal
or less permanent in character. assault or assassination for the success or predominance of their
ideas;
Modes of acquiring citizenship: 3. polygamists or believers in polygamy;
1. By birth 4. suffering from mental alienation or incurable contagious disease;
a. jus sanguinis; and 5. convicted of crime involving moral turpitude;
b. jus soli; 6. who during residence in the Philippines have not mingled socially
2. By naturalization; with Filipinos, or not evinced sincere desire to learn and embrace
3. By marriage customs, traditions and ideals of Filipinos;
7. citizens or subjects of nations with whom the Philippines is at
Citizens of the Philippines (Sec. 1, Art. IV): war, during the period of such war;
1. Those who are Filipino citizens at time of adoption of the 1987 8. citizens or subjects of foreign country whose laws do not grant
Constitution; Filipinos right to become naturalized citizens or subjects thereof
a. Those who are citizens under the Treaty of Paris; (no reciprocity).
b. Those declared citizens by judicial declaration applying the
Effects of Naturalization :
jus soli principle, before Tio Tiam v. Republic (25 April 1957,
1. ON THE WIFE
G.R. No. L-9602);
a. vests citizenship on wife who might herself be lawfully
c. Those who are naturalized in accordance with law (Act naturalized;
2927);

9
 She need not prove her qualifications but only that she Allows the person to recover or return to his original status before
is not disqualified. (Moy Ya Lim Yao v. Comm. of he lost his Philippine citizenship (Bengzon III v. HRET, G.R. No.
Immigration, 41 SCRA 292). 142840, May 7, 2001)
2. ON THE MINOR CHILDREN
a. If born in the Philippines automatically becomes a citizen; 3. By direct act of Congress.
b. If born abroad RA 9225 also known as the "Citizenship Retention and Re-
(i). If born before the naturalization of the father acquisition Act of 2003," approved on August 29, 2003
(ia) residing in RP at the time of naturalization provides that, upon taking the oath of allegiance to the Republic:
automatically becomes citizen; (a) Natural born citizens of the Philippines who have lost their
(ib) if not residing in RP at the time of naturalization Philippine citizenship by reason of their naturalization as
considered citizen only during minority, unless citizens of a foreign country are deemed to have re-acquired
begins to reside permanently in the Philippines; Philippine citizenship; and
(ii) If born born outside the Philippines after parents (b) Natural born citizens of the Philippines who, after the
naturalization considered Filipino, provided registered effectivity of the said RA become citizens of a foreign
as such before any Philippines consulate within 1 year country shall retain their Philippine citizenship.
after attaining majority age and takes oath of Derivative Citizenship - The unmarried child, whether
allegiance. legitimate, illegitimate or adopted, below eighteen (18) years of
age, of those who re-acquire Philippine citizenship upon effectivity
Grounds for Denaturalization: of the said RA shall be deemed citizens of the Philippines.
1. naturalization certificate obtained fraudulently or illegally;
V. DUAL ALLEGIANCE
2. if, within 5 years, he returns to his native country or to some
(Sec. 5, Art. IV)
foreign country and establishes residence therein;
3. naturalization obtained through invalid declaration of intention; DUAL DUAL
4. minor children failed to graduate through the fault of the parents CITIZENSHIP ALLEGIANCE
either by neglecting support or by transferring them to another
school; and 1. Arises when, as a result 1. Refers to the situation
of concurrent application where a person
5. allowing himself to be used as dummy. of the different laws of simultaneously owes,
two or more states, a by some positive act,
Effects of Denaturalization: person is simultaneously loyalty to two or more
1. If ground affects intrinsic validity of proceedings, considered a national by states.
denaturalization shall divest wife and children of their said states.
derivative naturalization;
2. If the ground is personal, the wife and children shall retain 2. Involuntary 2. Result of an individuals
citizenship. volition and is
prohibited by the
Doctrine of Indelible Allegiance an individual may be Constitution
compelled to retain his original nationality notwithstanding that
he has already renounced or forfeited it under the laws of the Article V : SUFFRAGE
second state whose nationality he has acquired.
I. SUFFRAGE
III. LOSS OF PHILIPPINE CITIZENSHIP: (CA 63) right to vote in elections.

1. Naturalization in a foreign country; Who may exercise (Sec. 1, Art. V)

2. Express renunciation of citizenship (expatriation);
3. Subscribing to an oath of allegiance to constitution or laws of
foreign upon attaining of 21 years of age;
Citizens may not divest citizenship when Philippines is at
war.
4. Rendering service to or accepting commission in the armed forces
of a foreign country;
5. Cancellation of certificate of naturalization;
6. Having been declared by final judgment a deserter of Philippines
Armed Forces in times of war.
Key: C2 RAND
General Rule: Res judicata does not set in citizenship cases.
1. all citizens of the Philippines, not otherwise disqualified by law;
2. at least 18 years of age
3. resided in the Philippines for at least one year; and
4. resided in the place they propose to vote for at least 6 months
immediately preceding the election.
II. RESIDENCE
has dual meaning (Sec.1, Art. V):
First as a requirement of residence in the Philippines:
synonymous with domicile
imports both intention to reside and personal presence
coupled with conduct indicative of such intention.

Exception: Second requirement of residence in the place where one

1. persons citizenship is resolved by court or an administrative intends to vote:
body as a material issue in the controversy, after a full-
blown hearing;
can mean domicile or temporary residence

2. with the active participation of the Solicitor General or his Requisites of Acquisition of Domicile by Choice:
representative; 1. residence or bodily presence in the new locality;
3. finding of his citizenship is affirmed by the Supreme Court. 2. an intention to remain there; and
3. an intention to abandon the old residence. (Gallego v. Verra, 73
IV. REACQUISITION OF Phil. 453)
CITIZENSHIP
1. By naturalization; III. THE OVERSEAS ABSENTEE VOTING ACT OF 2003 (R.A.
2. By repatriation; 9189)
1. Definition of Terms
RA 8171 is an act providing for the repatriation of: a. Absentee Voting - the process by which qualified citizens
(a) Filipino women who have lost their Philippine citizenship by of the Philippines abroad exercise their right to vote;
marriage to aliens and; b. Overseas Absentee Voter - a citizen of the Philippines
(b) natural-born Filipinos who have lost their Philippine who is qualified to register and vote under this Act, not
citizenship on account or political or economic necessity. otherwise disqualified by law, who is abroad on the day of
The applicant should not be a: elections.
(a) Person opposed to organized government or affiliated with 2. Coverage all citizens of the Philippines abroad, who are not
any association or group of persons who uphold and teach otherwise disqualified by law, at least eighteen (18) years of age
doctrines opposing organized government; on the day of elections, may vote for president, vice-president,
(b) Person defending or teaching the necessity or propriety of senators and party-list representatives.
violence, personal assault, or association for the 3. Disqualifications
predominance of their ideas; a. Those who have lost their Filipino citizenship in accordance
(c) Person convicted of crimes involving moral turpitude: or with Philippine laws;
(d) Person suffering from mental alienation or incurable b. Those who have expressly renounced their Philippine
contagious diseases. citizenship and who have pledged allegiance to a foreign
country;
Repatriation shall be effected by taking the necessary oath c. Those who have committed and are convicted in a final
of allegiance to the Republic of the Philippines and judgment by a court or tribunal of an offense punishable by
registration in the proper civil registry and in the Bureau of imprisonment of not less than one (1) year, including those
Immigration. The Bureau of Immigration shall thereupon who have committed and been found guilty of Disloyalty as
cancel the pertinent alien certificate of registration and issue defined under Article 137 of the Revised Penal Code, such
the certificate of identification as Filipino citizen to the disability not having been removed by plenary pardon or
repatriated citizen. amnesty; Provided, however, That any person disqualified to
vote under this subsection shall automatically acquire the
right to vote upon expiration of five (5) years after service of

10
 sentence; Provided, further, That the Commission may take members. In case of barangays, the period shall be 18
cognizance of final judgments issued by foreign courts or months after approval. (Sec. 125, RA 7160)
tribunals only on the basis of reciprocity and subject to the
formalities and processes prescribed by the Rules of Court
on execution of judgments;
Indirect Initiative exercise of initiative by the
people through a proposition sent to Congress or the
d. An immigrant or a permanent resident who is recognized as
local legislative body for action.
such in the host country, unless he/she executes, upon
registration, an affidavit prepared for the purpose by the
Referendum power of the electorate to approve or reject
Commission declaring that he/she shall resume actual
legislation through an election called for that purpose.
physical permanent residence in the Philippines not later
than three (3) years from approval of his/her registration
Classes of Referendum:
under this Act. Such affidavit shall also state that he/she
1. Referendum on Statutes petition to approve or reject
has not applied for citizenship in another country. Failure to
an act or law, or part thereof, passed by Congress;
return shall be the cause for the removal of the name of the
2. Referendum on Local Laws legal process whereby the
immigrant or permanent resident from the National Registry
registered voters of the local government units may
of Absentee Voters and his/her permanent disqualification to
approve, amend or reject any ordinance enacted by the
vote in absentia.
sanggunian. (Sec. 126, RA 7160 or the LGC of 1991)
e. Any citizen of the Philippines abroad previously declared
insane or incompetent by competent authority in the
II. COMPOSITION
Philippines or abroad, as verified by the Philippine
embassies, consulates or foreign service establishments
1. Senate 24, elected at large by the qualified voters of the
concerned, unless such competent authority subsequently
Philippines;
certifies that such person is no longer insane or
2. House of Representatives not more than 250 members
incompetent.
consisting of:
a. District Representatives elected from legislative
districts apportioned among the provinces, cities and
the Metropolitan Manila area;
b. Party-list Representatives shall constitute 20% of the
total number of representatives, elected through a
party-list system of registered national, regional and
sectoral parties or organizations.

DISTRICT PARTY-LIST
REPRESENTATIVE REPRESENTATIVE
Article VI : LEGISLATIVE
DEPARTMENT 1. Elected according to 1. Elected nationally, with
legislative district by party-list organizations
I. LEGISLATIVE POWER the constituents of such garnering at least 3%
1. power to propose, enact, amend and repeal laws. district of all the votes cast for
2. Vested in Congress, except to the extent reserved to the people the party-list system
by provision on initiative and referendum. entitled to 1 seat, which
is increased according
The Peoples Participation in the Government Consist of: to proportional
representation, but is in
1. Suffrage no way to exceed 3
seats per organization
2. Plebiscite 2. Must be a resident of 2. No special residency
his legislative district requirement
a. Ratifying the Constitution [Sec.27, Art. XVIII]; for at least 1 year
b. Approving any amendment thereto [Sec.4, Art.XVII]; immediately before the
c. Approving any changes in boundaries of LGUs, election
mergers, divisions, or abolitions of LGUs [Sec.10, 3. Elected personally, i.e. 3. Voted upon by party or
Art.X]; by name. organization. It is only
d. Creating metropolitan authorities [Sec.11, Art.X]; when a party is entitled
to representation that it
e. Creating autonomous regions [Sec.18, Art.X]. designates who will sit
as representative.
2. Referendum and Initiative 4. Does not lose seat if 4. If he/she changes party
he/she changes party or or affiliation, loses his
Initiative power of the people to propose amendments to affiliation. seat, in which case
the Constitution or to propose and enact legislation through he/she will be
an election called for the purpose. substituted by another
qualified person in the
Classes of initiative: party / organization
1. Initiative on the Constitution petition proposing based on the list
amendments to the Constitution; submitted to the
2. Initiative on Statutes petition proposing to enact a COMELEC
national legislation; 5. In case of vacancy, a 5. In case of vacancy, a
3. Initiative on Local Legislation petition proposing to special election may be substitution will be
enact a regional, provincial, city, municipality or held provided that the made within the party,
barangay law, resolution or ordinance. vacancy takes place at based on the list
least 1 year before the submitted to the
Limitations: next election. COMELEC.
1. power of local initiative shall not be exercised 6. A district representative 6. A party-list repre-
more than once a year; is not prevented from sentative cannot sit if
2. initiatives shall extend only to subjects or matters running again as a he ran and lost in the
which are within the legal powers of the local district representative if previous election.
legislative bodies to enact; he/she lost during the
3. if at anytime before the initiative is held, the local previous election.
legislative body shall adopt in toto the proposition 7. A change in affiliation 7. A change in affiliation
presented, the initiative shall be cancelled. within 6 months prior to within 6 months prior to
election does not election prohibits the
Limitation on Local Legislative Body vis-a-vis Local prevent a district party-list repre-
Initiative: Any proposition or ordinance approved through representative from sentative from sitting
an initiative and referendum shall not be repealed, modified running under his new as representative under
or amended by the sanggunian within 6 months from the party. his new party or
date of approval thereof, and may be amended , modified or organization.
repealed within 3 years thereafter by a vote of of all its

11
III. APPORTIONMENT OF LEGISLATIVE DISTRICT VI. DISCIPLINE OF MEMBERS
[Sec. 5 (3) and (4), Art. VI] [SEC. 16 (3), ART. VI]

1. Maintain proportional representation based on number of
inhabitants;
Each city with not less than 250 thousand inhabitants,
entitled to at least one (1) representative;
Each province, irrespective of the number of
inhabitants, entitled to at least one (1) representative.
2. Each district must be contiguous, compact and adjacent.
Gerrymandering is not allowed;
Gerrymandering formation of one legislative district
out of separate territories for the purpose of favoring a
candidate or a party (Bernas, Reviewer in Philippine
Constitution, P. 186)
3. Reapportionment within 3 years following return of every
census.
IV. ELECTION
1. Regular second Monday of May, every three years
2. Special (RA 6645)
No special election will be called if vacancy occurs:
a. at least eighteen (18) months before the next regular
election for members of the Senate;
b. at least (1) year before the next regular election for
Members of Congress.
The particular House of Congress where vacancy occurs
must pass either a resolution if Congress is in session or the
Senate President or the Speaker must sign a certification, if
Congress is not in session,
a. declaring the existence of the vacancy;
b. calling for a special election to be held within 45 to 90
days from the date of the resolution or certification.
the Senator or representative elected shall serve only for the
unexpired term.
Each house may punish its members for disorderly behavior, and,
with the concurrence of 2/3 of all its members, suspend (for not
more than 60 days) or expel a member.
The interpretation of the phrase disorderly behavior is the
prerogative of the House concerned and cannot be judicially
reviewed. (Alejandrino v. Quezon, 46 Phil 83).
VII. MATTERS MANDATED BY CONSTITUTION TO BE ENTERED
INTO THE JOURNAL
1.
[SEC. 16 (4), ART. VI]
yeas and nays on third and final reading of a bill [Sec. 26(2), Art.
VI];
2. veto message of President [Sec. 27(1), Art.VI];
3. yeas and nays on repassing a bill vetoed by President [Sec.27(1),
Art. VI]; and
4. yeas and nays on any question at the request of 1/5 of members
present [Sec.16(4), Art.VI].
Enrolled Bill conclusive upon courts as regards the tenor of
the measure passed by Congress and approved by the President
(Mabanag v. Lopez Vito, 78 Phil. 1)
Journal Entry vs. Enrolled Bill
Enrolled bill prevails (Field v. Clark, 143 US 649), except to
matters, which under the Constitution, must be entered into the
Journal. (Astorga v. Villegas, 56 SCRA 714)
VIII. CONGRESSIONAL ELECTORAL TRIBUNALS (SET OR HRET)
(SEC. 17, ART. VI)
Composition:
1. 3 Supreme Court Justices designated by Chief Justice; and
2. 6 members of the Chamber concerned (Senate or HR) chosen on
the basis of proportional representation from political parties and
parties registered under the party-list system
Senior Justice shall act as Chairman.

Power of Electoral Tribunals:

1. Sole judge of all contests relating to the election, returns and
qualification of their respective members.(Sec. 17, Art. VI)
2. Rule-making power (Lazatin v. HRET, 168 SCRA 391)
It is independent of the Houses of Congress and its decisions may
be reviewed by the Supreme Court only upon showing of grave
abuse of discretion.

V. SESSIONS IX. COMMISSION ON APPOINTMENTS

[SEC. 14, ART. VI] (SEC. 18, ART. VI)

1. Regular convene once every year. The fourth Monday of July Composition:

2.
until 30 days before the start of new regular session;
Special
a. called by the President [Sec. 15, Art VII];
b. to call a special election due to a vacancy in the offices of
the President and Vice President at 10 oclock a.m. on the
third day after the vacancies [Sec. 10, Art. VII];
c. to decide on the disability of the President because the
majority of all the
members of the cabinet has disputed his assertion that he
is able to discharge the powers and duties of his office
[Sec.11 par(3), Art. VII];
d. to revoke or extend the Presidential Proclamation of Martial
Law or suspension of the writ of habeas corpus. [Sec. 18,
Art. VII]
3. Joint sessions
a. voting separately
(i) choosing the President [Sec. 4, Art. VII];
(ii) determine Presidents disability [Sec. 11, Art. VII];
(iii) confirming nomination of Vice-President [Sec. 9, Art.
VI];
(iv) declaring existence of a state of war [Sec. 23, Art.
VI];
(v) proposing constitutional amendments [Sec. 1, Art.
XVII].
b. voting jointly
(i.) to revoke or extend proclamation suspending the
privilege of writ of habeas corpus [Sec. 18, Art. VII];
(ii.) to revoke or extend declaration of martial law [Sec.
18, Art. VII].
4. Adjournment neither Chamber during session, without the
consent of the other, adjourn for more than 3 days, nor any other
place than that in which the two Chambers shall be sitting [Sec.
16 (5), Art. VI].
Adjournment Sine Die interval between the session of one
Congress and that of another; Congress must stop the clock at
midnight of the last day of session in order to validly pass a law.
The Senate is a continuing body while the House is not.
12 Senators and 12 Representatives, elected by each house on
the basis of proportional representation from the political parties
and parties and organizations registered under the party-list
system represented therein.
Senate President as ex-officio chairman.
Chairman shall not vote except in case of tie.
Powers:
1. Shall act on all appointments submitted to it within 30 session
days of Congress from their submission; and
2. Power to promulgate its own rules of proceedings.
X. POWERS OF CONGRESS
Classification of Powers:
1. Legislative
a. General plenary power (Sec.1, Art.VI);
b. specific power of appropriation, taxation and expropriation;
c. legislative investigations;
d. question hour.
2. Non-Legislative includes power to:
a. canvass presidential elections;
b. declare existence of a state of war;
c. delegation of emergency powers;
d. call special election for President and Vice-President;
e. give concurrence to treaties and amnesties;
f. propose constitutional amendments (constituent power);
g. confirm certain appointments;
h. impeach;
i. decide the disability of the President because majority of the
Cabinet disputes his assertion that he is able to discharge
his duties;
j. revoke or extend proclamation of suspension of privilege of
writ of habeas corpus or declaration of martial law (to
revoke = legislative veto)
k. power with regard to utilization of natural resources [Sec.2,
Art. XII];

Limitations on the Powers of Congress:

1. Substantive
a. Express:
(i) bill of rights [Art. III];

12
 (ii) on appropriations [Sec. 25 and 29 (1) and (2), Art. VI];
(iii) on taxation [Sec. 28 and 29 (3), Art. VI; Sec 4 (3), Art.
XIV];
(iv) on constitutional appellate jurisdiction of Supreme
Court [Sec. 30, Art. VI];
(v) no law granting title of royalty or nobility shall be
passed [Sec. 31, Art. VI];
(vi) no specific funds shall be appropriated or paid for use
or benefit of any religion, sect, etc., except for priests,
etc., assigned to AFP, penal institutions, etc.
[Sec.29(2), Art.VI].
b. Implied:
(i) prohibition against irrepealable laws;
(ii) non-delegation of powers.
2. Procedural
a. only one subject, to be stated in the title of the bill [Sec.
26(1), Art. VI]; and
b. 3 readings on separate days; printed copies of the bill in its
final form distributed to members 3 days before its passage,
except if President certifies to its immediate enactment to
meet a public calamity or emergency; upon its last reading ,
no amendment allowed and the vote thereon taken
immediately and the yeas and nays entered into the Journal
[Sec. 26(2), Art. VI];
c. appropriation, revenue and tariff bill (RAT Bills) shall
originate exclusively from the House of Representatives
(Sec. 24, Art. VI)
shall originate exclusively from the House the
initiative for filing of
RAT Bills must come from the House, but it does not
prohibit the filing in the Senate a substitute bill in
anticipation of its receipt of the bill from the House, so
long as the action by the Senate is withheld pending
the receipt of the House bill. (Tolentino v. Sec. Of
Finance, 235 SCRA 630).
Power of Appropriation
Appropriations Law a statute, the primary and specific
purpose of which, is to authorize release of public funds from
treasury.
Implied Limitations on Appropriation Power:
1. must specify public purpose;
2. sum authorized for release must be determinate, or at least
determinable.
Matters related to the any matter for the purpose
department only of legislation
XI. LEGISLATIVE PROCESS
Doctrine of shifting majority : For each House of Congress to
pass a bill, only the votes of the majority of those present in the
session, there being a quorum, is required.
Quorum majority of each House, but a smaller number
may adjourn from day to day and may compel the
attendance of absent Members in such manner and under
such penalties as such House may determine [Sec. 16(2),
Art. VI].
The basis for determining the existence of a quorum in
the Senate shall be the total number of Senators who
are in the country and within the coercive jurisdiction of
the Senate (Avelino v. Cuenco, 83 Phil 17).
Bills that must originate from the House of Representatives:
1. Appropriations bill;
2. Revenue and tariff bills;
3. Bill authorizing increase in public debts;
4. Bill of local application; and
5. Private bills [Sec.24, Art. VI].
Procedure for Approval of Bills:
1. Bill is approved by both chambers;
2. President approves and signs it;
3. If the President vetoes the bill, return bill with presidential
objections to the house of origin. Veto may be overridden upon
vote of 2/3 of all members of the House of origin and other
house;
4. Presidential inaction for 30 days from receipt of the bill: bill
becomes a law as if the same has been signed by him
How a Bill becomes Law:
1. Approved and signed by the President;
2. Presidential veto overriden by 2/3 vote of all members of both
Houses;
3. Failure of the President to veto the bill and to return it with his
objections to the House where it originated, within 30 days after
the date of receipt;
4. A bill calling a special election for President and Vice-President
under Sec. 10, Art. VII becomes law upon third and final reading.
Presidential Veto

Constitutional Limitations on Special Appropriations Measures:
1. must specify public purpose for which the sum was intended;
2. must be supported by funds actually available as certified by
National Treasurer or to be raised by corresponding revenue
proposal included therein. [Sec. 25(4), Art. VI].
General Rule: If the President disapprove a bill enacted by Congress,
he should veto the entire bill. He is not allowed to veto separate items
of a bill.
Exception: Item-veto in the case of appropriation, revenue, and tariff
bills [Sec. 27 (2), Art. VI].

Exceptions to the exception:

Constitutional Rules on General Appropriations Laws (Sec. 25, 1. Doctrine of Inappropriate Provisions a provision that is
Art. VI) constitutionally inappropriate for an appropriation bill may be
1. Congress may not increase appropriations recommended by the singled out for veto even if it is not an appropriation or revenue
President for operations of Government; item (Gonzales v. Macaraig, Jr., 191 SCRA 452).
2. Form, content and manner of preparation of budget shall be 2. Executive Impoundment - refusal of the President to spend
provided by law; funds already allocated by Congress for specific purpose. It is the
3. No provision or enactment shall be embraced in the bill unless it failure to spend or obligate budget authority of any type.
relates specifically to some particular appropriations therein; (Philconsa v. Enriquez, G.R. No. 113105. August 19, 1994).
4. Procedure for approving appropriations for Congress shall be the
same as that of other departments in order to prevent sub-rosa
appropriations by Congress. Pocket Veto occurs when (1) the President fails to act on a bill
5. Prohibition against transfer of appropriations (doctrine of and (2) the reason he does not return the bill to Congress is that
augmentation), however: Congress is not in session.
a.
b.
President;
Senate President;
Not applicable in the Philippines because inaction by the
President for 30 days never produces a veto even if
c. Speaker of the House of Representative;
Congress is in recess. The President must still act to veto the
d. Chief Justice; and
bill and communicate his veto to Congress without need of
e. Heads of Constitutional Commissions
returning the vetoed bill with his veto message.
may, by law, be authorized to augment any item in the general
appropriations law for their respective offices from savings in
Article VII:
other items of their respective appropriations.
EXECUTIVE DEPARTMENT
6. Prohibitions against appropriations for sectarian benefit;
7. Automatic re-appropriation.
I. ELECTION
Limitations on Power of Legislative Investigation [Sec. 21, Art.
1. Regular second Monday of May, every six years;
VI]
2. Special
1. must be in aid of legislation;
Requisites:
2. in accordance with duly published rules of procedures; and
a. death, permanent disability, removal from office or
3. right of person appearing in, or affected by such inquiry shall be
resignation of both the President and the Vice President;
respected.
b. vacancies occur more than eighteen months before the next
regular presidential election;
QUESTION LEGISLATIVE c. a law passed by Congress calling for a special election to
HOUR INVESTIGATION elect a President and a Vice President to be held not earlier
(Sec. 22, Art. VI) (Sec. 21, Art. VI) than 45 days nor later than 60 days from the time of such
call.[Sec.10, Art.VII].
1. As to persons who may appear
only a department head any person II. POWERS OF THE PRESIDENT

1. EXECUTIVE POWER power to enforce and administer laws.

2. As to who conducts the investigation
President shall have control of all executive departments,
entire body committees bureaus and offices. He shall ensure that laws are faithfully
3. As to subject matter executed. (Sec. 17, Art. VII)

13
 Until and unless a law is declared unconstitutional, President a. Commander-in Chief clause
has a duty to execute it regardless of his doubts as to its To call out the Armed Force to prevent or suppress
validity (faithful execution clause) [Sec.1 and 17 Art. VII] lawless violence, invasion or rebellion;

2. POWER OF APPOINTMENT organize courts martial and create military

a. with the consent of the Commission on Appointments commissions.
(i) heads of executive departments;
(ii) ambassadors and other public ministers and consuls;
b. Suspension of the Privilege of Writ of Habeas Corpus and
Declaration of Martial Law
(iii) officers of the AFP from the rank of colonel or naval (i.) Grounds: invasion or rebellion, when public safety
captain; requires it.
(iv) other ministers whose appointments are vested in him (ii.) Duration: not more than 60 days, following which it
by the Constitution (Sarmiento v. Mison, GR No. 79974, shall be lifted, unless extended by Congress.
December 17, 1987) (iii.) Duty of the President to report to Congress: within 48
hours personally or in writing.
b. prior recommendation or nomination by the Judicial and Bar (iv.) Authority of Congress to revoke or extend the
Council; effectivity of proclamation: by majority vote of all of its
(i) Members of the Supreme Court and all lower courts members voting jointly.
(Sec.9, Art. VIII); (v.) Authority of the Supreme Court: to inquire into the
(ii) Ombudsman and his 5 deputies. sufficiency of the factual basis for such action, at the
instance of any citizen. Decision must be promulgated
c. requiring nominations by multi-sectoral groups; 30 days within its filing.
(i) Regional consultative commission (Sec. 18, Art. X); (vi.) Proclamation does not affect the right to bail.
(ii) Party-list representatives, before the Party-List Law (vii.) Suspension applies only to persons facing charges of
(Sec.7,Art. XVIII). rebellion or offenses inherent in or directly connected
with invasion.
d. appointment of Vice-President as member of the Cabinet; (viii.) Person arrested must be charged within 3 days; if
not, must be released.
e. appointment solely by the President. (ix.) Proclamation does not supersede civilian authority.
(i) those vested by the Constitution on the President
alone; Effects of Proclamation of Martial Law
(ii) those whose appointments are not otherwise provided 1. The President can:
for by law; a. Legislate;
(iii) those whom he may be authorized by law to appoint;
(iv) those other officers lower in rank who appointment is
b. order the arrest of people who obstruct the war
effort.
vested by law in the President alone.
2. The following cannot be done:
Appointing Procedure for those that need CA Confirmation: a. suspend the operation of the Constitution.
1. nomination by the President; b. Supplant the functioning of the civil courts and the
legislative assemblies;
2. confirmation by the Commission on Appointments;
3. issuance of commission; and
c. Confer jurisdiction upon military courts and
agencies over civilians, where civil courts are able
4. acceptance by appointee. to function.
Deemed complete upon acceptance (Lacson vs Romero, 84 Phil Open Court Doctrine civilians cannot be
740) tried by military courts if the civil courts are
open and functioning.
Limitations on Appointing Power: d. Automatically suspend the privilege of the writ of
1. appointments made by an acting-President shall remain effective habeas corpus.[Sec.18, par(4), Art.VII].
unless revoked within 90 days from assumption of office by
elected President [Sec. 14, Art. VII]; and
2. President or acting-President shall not make appointments except Four ways for the proclamation or suspension to be
temporary ones to executive positions 2 months immediately lifted:
before next Presidential elections and up to the end of his term. 1. lifting by the President himself;
Only when continued vacancy will prejudice public service or 2. revocation by Congress;
endanger public safety [Sec. 15, Art. VII]. 3. nullification by the Supreme Court;
4. operation of law after 60 days.
3. The spouse and relatives by consanguinity or affinity within the
4th civil degree of the President shall not, during his tenure be
appointed as: 6. PARDONING POWER
a. members of the Constitutional Commissions; (SEC. 19, ART. VII)
b. member of the Office of the Ombudsman; discretionary, may not be controlled by the legislature or
c. Secretaries; reversed by the court, unless there is a constitutional
d. Undersecretaries; violation.
e. Chairman or heads of bureaus or offices, including GOCC
and their subsidiaries. [Sec.13,par. 2, Art. VII] Limitations:
4. The President shall have the power to make appointments during 1. cannot be granted in cases of impeachment;
the recess of the Congress, whether voluntary or compulsory, but
such appointments shall be effective only until disapproval by the
2. cannot be granted in violations of election laws without
favorable recommendations of the COMELEC;
CA or until the next adjournment of the Congress. [Sec. 16 par.2,
Art. VII] 3. can be granted only after convictions by final judgment
(except amnesty);
3. POWER OF REMOVAL 4. cannot be granted in cases of legislative contempt or civil
contempt;
General rule: this power is implied from the power to appoint. 5. cannot absolve convict of civil liability;
Exception: those appointed by him where the Constitution 6. cannot restore public offices forfeited.
prescribes certain methods for separation from public
service.(e.g. impeachment) Pardon act of grace which exempts individual on whom it is
bestowed from punishment which the law inflicts for a crime he
4. POWER OF CONTROL has committed.
Control power of an office to: Pardon Classified:
Alter, 1. Plenary or partial; and
Modify, 2. Absolute or conditional.
Nullify, or
Set aside
what a substitute had done in the performance of his duties Commutation reduction or mitigation of the penalty.
and to substitute his judgment to that of the former
(Mondano v. Silvosa, 97 Phil, 143). Reprieve postponement of sentence or stay of execution.

Doctrine of Qualified Political Agency or Alter Ego

Principle acts of the Secretaries of Executive departments
when performed and promulgated in the
regular course of business or unless disapproved or
reprobated by the Chief Executive, are presumptively the
acts of the Chief Executive (Villena v. Secretary of the
Interior, 67 Phil 451).
5. MILITARY POWERS (SEC. 18, ART. VIII)
Parole release from imprisonment, but without full restoration
of liberty, as parolee is in the custody of the law although not in
confinement.
Amnesty act of grace, concurred in by the Legislature, usually
extended to groups of persons who committed political offenses,
which puts into oblivion the offense itself.

14
 determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of government (Sec. 1, par.2,
Art. VIII).
AMNESTY PARDON
Judicial power is vested in:
1. Political offenses 1. Infraction of peace/
1. One Supreme Court; and
common crimes
2. Such lower courts as may be established by law (Sec. 1, Art.
VIII).
2. Classes of persons 2. individuals

3. Requires concurrence 3. does not require Jurisdiction - power to hear and decide a case and execute
of Congress concurrence of decision thereof.
Congress
Safeguards that guarantee Independence of Judiciary:
4. Public act to which 4. Private act which
court may take judicial must be pleaded and 1. SC is a Constitutional body; may not be abolished by law;
notice of proved 2. Members are only removable by impeachment;
3. SC may not be deprived of minimum and appellate jurisdiction;
5. Looks backward and 5. Looks forward and appellate jurisdiction may not be increased without its advice or
puts to oblivion the relieves the pardonee concurrence;
offense itself of the consequence of
the offense.
4. SC has administrative supervision over all inferior courts and
personnel;
5. SC has exclusive power to discipline judges/justices of inferior
6. May be granted even 6. Can be granted only courts;
before trial after conviction. 6. Members of judiciary enjoy security of tenure;
7. Members of judiciary may not be designated to any agency
performing quasi-judicial or administrative functions;
8. Salaries of judges may not be reduced; judiciary enjoys fiscal
7. BORROWING POWER (SEC. 20, ART. VII) autonomy;

the President may contract or guarantee foreign loans on

9. SC alone may initiate Rules of Court;
behalf of the Republic with the concurrence of the Monetary 10. SC alone may order temporary detail of judges; and
Board, subject to such limitations as may be provided by 11. SC can appoint all officials and employees of the Judiciary
law. (Nachura, Reviewer in Political Law, p. 199-200).
II. APPOINTMENT TO THE
Monetary Board shall submit to Congress report on loans
JUDICIARY:
within 30 days from end of every quarter.
Qualifications
8. DIPLOMATIC POWER (SEC. 21, ART. VII)
a. Chief Justice and Associate Justices of the Supreme
No treaty or international agreement shall be valid and Court:
effective unless concurred in by at least 2/3 of all members 1. Natural-born citizen;
of Senate. 2. At least 40 years old;
3. 15 years or more a judge of a lower court or engaged
9. BUDGETARY POWER (SEC. 22, ART. VII) in the practice of law in the Philippines;
within 30 days from opening of every regular session,
4. a person of proven competence, integrity, probity and
independence.
President shall submit to Congress a budget of expenditures
and sources of financing, including receipts from existing
b. Presiding Justice and Associate Justices of the Court
and proposed revenue measures.
of Appeals:
Same qualifications as those provided for Justice of the
10. INFORMING POWER (SEC. 23, ART. VI)
Supreme Court;
President shall address Congress at the opening of its
regular session. President may also appear before it at any c. Regional Trial Court Judges:
other time. 1. Citizen of the Philippines;
11. RESIDUAL POWER 2. At least 35 years old; and
3. Has been engaged for at least 5 years in the practice of
Whatever is not judicial, whatever is not legislative, is law in the Philippines or has held public office in the
residual power exercised by the President (Marcos v. Philippines requiring admission to the practice of law as
Manglapus, 178 SCRA 760) an indispensable requisite.

12. OTHER POWERS 4. a person of proven competence, integrity, probity and

a. call Congress to a special session [Sec. 15, Art. VI];
b. approve or veto bills [Sec. 27, Art. VI];
c. deport aliens (Qua Chee Gan v. The Deportation Board, G.R.
No. L-10280. September 30, 1963);
d. consent to deputization of government personnel
COMELEC [Sec.2 (4), Art. IX-C];
e. to discipline such deputies [Sec. 2 (8), Art. IX-C];
f. general supervision over local government units
autonomous regional governments (Art. X);
general supervision mere overseeing of a
subordinate to make sure that they do their duties
under the law but does not include the power to
overrule their acts, if these acts are within their
discretion.
g. by delegation from Congress, exercise emergency [Sec. 23
(2), Art. VI] and tariff powers [Sec. 28 (2), Art. VI].
Conditions for the Exercise of the President of Emergency
Powers:
1. there must be a war or national emergency;
2. there must be a law authorizing President to exercise emergency
powers;
3. exercise must be for a limited period;
4. must be subject to restrictions that Congress may provide; and
5. exercise must be necessary and proper to carry out a declared
national policy [Sec.23 (2), Art.VI].
Article VIII :
JUDICIAL DEPARTMENT
I. JUDICIAL POWER
duty of courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to
independence.
d. Metropolitan, Municipal and Municipal Circuit Trial
Court Judges:
1. Citizen of the Philippines;
2. At least 30 years old;
by
3. Has been engaged for al least 5 years in the practice of
law in the Philippines or has held public office in the
Philippines requiring admission to the practice of law as
and an indispensable requisite;
4. a person of proven competence, integrity, probity and
independence.
Procedure in Appointment:
1. Appointed by President from among a list of at least 3 nominees
prepared by Judicial and Bar Council for every vacancy.
2. For lower courts, President shall issue the appointment 90 days
from submission of the list.
Tenure of Justices and Judges
a. Supreme Court hold office until they reach 70 years of age or
become incapacitated to discharge their duties [Sec.11, Art.VIII].
May be removed only through impeachment.
a. Lower Courts hold office during good behavior until they reach
70 years of age or become incapacitated to discharge their duties
[Sec. 11, Art. VIII].
By majority vote of members who actually took part in the
deliberation on the issues and voted thereon, SC en banc
shall have the power to discipline judges of lower courts or
order their dismissal.
No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its members (Sec. 2, Art.
VIII).

15
III. JUDICIAL AND BAR COUNCIL Judicial Review the power of the courts to test the validity of
executive and legislative acts in light of their conformity with the
Composition: Constitution. This is not an assertion of superiority by the courts
Ex-officio chairman
over the other departments, but merely an expression of the
supremacy of the Constitution (Angara v. Electoral Commission,
- Supreme Court Chief Justice
63 Phil. 139)
Ex-officio members
- Secretary of Justice Doctrine of Judicial Supremacy
- Representative of Congress 1. Although holding neither purse nor sword and so regarded
Regular members as the weakest of the three departments of the government,
- Representative of the IBP; the judiciary is nonetheless vested with the power to annul
- Professor of Law; the acts of either the legislative or the executive or of both
- Retired member of SC; and when not conformable to the fundamental law. (Association
- Representative of private sector of Small Landowners of the Philippines v. Secretary of
Agrarian Reform, 175 SCRA 343).
Secretary de officio
- Clerk of the Supreme Court 2. When the judiciary allocates constitutional boundaries, it
neither asserts superiority nor nullifies an act of the
Appointment Legislature. It only asserts the solemn and sacred obligation
assigned to it by the Constitution to determine conflicting
Regular members shall be appointed by the President for a 4 year claims of authority under the Constitution and to establish
term with the consent of the Commission on Appointments. for the parties in an actual controversy the rights which that
instrument secures and guarantees to them. (Laurel, Angara
Powers and Functions of Judicial and Bar Council v. Electoral Commission, 63 Phil 139)
1. Recommend appointees to the judiciary;
Requisites of Judicial Review:
2. Recommend appointees to the Office of the Ombudsman and his
1. Actual case or controversy a conflict of legal rights, an assertion
5 deputies;
of opposite legal claims susceptible of judicial determination;
3. May exercise such other functions as may be assigned by 2. Constitutional question must be raised by the proper party one
Supreme Court. (Sec. 8, Art. VIII) who has sustained or is in imminent danger of sustaining an
injury as a result of the act complained of;
IV. SUPREME COURT
For a taxpayers suit, 2 requisites:
Composition: a. public funds are disbursed by a political subdivision or
Chief Justice and 14 Associate Justices instrumentality; and
- may sit en banc or in its discretion, in divisions of 3, 5, or 7 b. a law is violated or some irregularity is committed, and that
members. the petitioner is directly affected by the alleged ultra vires
- Any vacancy shall be filled within 90 days from occurrence act (Anti-Graft League of the Philippines v. Court of Appeals,
thereof 260 SCRA 250)
3. Constitutional question must be raised at the earliest opportunity
Powers of the Supreme Court
1. Original Jurisdiction
General Rule: must be raised in the pleadings
Over cases affecting ambassadors, other public ministers Exceptions:
and consuls; a. criminal cases at any time at the discretion of the
Over petition for Certiorari, Prohibition, Mandamus, Quo court;
Warranto, and Habeas Corpus; and b. civil cases at any stage of the proceedings if
Review of factual basis for the declaration of martial law or necessary for the determination of the case itself;
suspension of the privilege of writ of habeas corpus. c. every case (except where there is estoppel ) at any
2. Appellate Jurisdiction stage if it involves the jurisdiction of the court
Over final judgments and orders of lower courts in 4. Determination of constitutionality of the statute must be
a. all cases in which the constitutionality or validity of necessary to a final determination of the case. (People vs. Vera,
any treaty, international or executive agreement, 65 Phil. 56).
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question;
Therefore, the following must be avoided:
a. political questions;
b. All cases involving the legality of any tax impost,
b. advisory opinions
assessment, or toll, or any penalty imposed in
c. moot and academic issues;
relation thereto;
d. no standing.
c. All cases in which the jurisdiction of any lower court
is in issue;
Seven Rules of Avoidance of Constitutional Questions (Brandeis,
d. All criminal cases in which the penalty imposed is
J.)
reclusion perpetua or higher;
e. All cases in which only a question of law is involved. 1. Friendly, non-adversary proceedings (no vital conflict);
[Section 5 (2), Art. VIII.] 2. Anticipation of a question of constitutional law in advance of the
3. Temporary assignments of judges of lower courts to others necessity of deciding it (premature case);
stations as public interest may require. Not to exceed 6 months 3. Formulation of a rule broader than is required by the precise facts
without the consent of the judge concerned. to which it is applied;
4. Order change of venue or place of trial, to avoid miscarriage of
justice. 4. Existence of other grounds upon which the case may be disposed
of. (not the very lis mota);
5. Rule-making power promulgates rules concerning:
a. protection and enforcement of constitutional rights;
5. Complaint made by one who fails to show injury as to its
operations (no standing);
b. pleading, practice and procedures in all courts;
6. Instance of one who has availed himself of its benefit;
c. admissions to the practice of law;
7. Possibility of a construction of statute that can avoid the
d. Integrated Bar of the Philippines; and resolution of the constitutional question.
e. legal assistance to the underprivileged.
Policy of Strict Necessity (Rescue Army Case) the court must
refrain from exercising judicial review unless all the requisites for
Limitations on rule making power:
its exercise are fulfilled because:
(i.) provide a simplified and inexpensive procedure for speedy
disposition of cases; 1. the danger of exercising the function, in view of possible
(ii.) uniform for all courts in the same grade; consequences for others stemming also from constitutional
(iii.) shall not diminish, increase or modify substantive rights. roots;
6. Power of appointment 2. comparative finality of those consequences;
appoints all officials and employees of the Judiciary in 3. consideration due to the judgment of the other repositories
accordance with Civil Service Law; of constitutional power concerning the scope of their
7. Power of administrative supervision authorities;

administrative supervision over all courts and the personnel

4. necessity for each to keep within its own power;
thereof. 5. inherent limitations of the judicial process its largely
negative character, and its limited resources for
mere division of the SC may discipline a judge of the lower enforcement;
court; the SC is required to decide a case en banc only when 6. withal in paramount importance of constitutional
the dismissal of a judge is involved. adjudication.
8. Yearly report
Within 30 days from the opening of each regular session of Judicial Power includes:
Congress, SC shall submit to the President and Congress an
annual report on the operation and activities of the 1. duty of courts to settle actual controversies involving rights which
Judiciary. are legally demandable and enforceable; and

V. POWER OF JUDICIAL REVIEW

16
2. to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on part of
any branch or instrumentality of government [Sec. 1, Art. VIII].
1. void if on its face it does not enjoy any presumption of validity
because it is patently offensive to the Constitution. It produces
not effect, creates no office and imposes no duty. (Igot v.
Comelec, 95 SCRA 392)

Grave Abuse of Discretion Amounting to Lack of

Jurisdiction capricious and whimsical exercise of judgment.
2. voidable if on its face it enjoys the presumption of
constitutionality. The laws becomes inoperative only upon the
The abuse of discretion must be patent and gross as to amount to
judicial declaration of its invalidity; the declaration produces no
an evasion of positive duty or a virtual refusal to perform a duty
retroactive effect. (Serrano de Agbayani v. PNB, 38 SCRA 429)
enjoined by law, or to act at all in contemplation of law, as where
the power is exercised in an arbitrary and despotic manner by Art. 7, NCC is the orthodox view on the matter.
reason of passion or hostility (Intestate Estate of Carmen de Luna
v. IAC, 170 SCRA 246).

JUSTICIABLE QUESTION POLITICAL Requisites before a Law can be Declared Partially

QUESTION Unconstitutional:

Two aspects: 1. the legislature must be willing to retain valid portion

A definite and concrete
dispute touching on the
legal relations of parties
having adverse legal
interests which may be
resolved by a court of law
through the application of
a law. (Cutaran v. DENR,
G.R. No. 134958, January
31, 2001).
Those questions which, (separability clause);
under the Constitution,
are to be decided by the 2. the valid portion can stand independently as law.
people in their sovereign
capacity; or
in regard to which full Article IX :
discretionary authority CONSTITUTIONAL COMMISSIONS
has been delegated to
the legislature or Independent Constitutional
executive branches of Commissions:
government. (Taada v.
Cuenco, 100 Phil 1101) 1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (COA)

Prohibitions and Inhibitions

Functions of Judicial Review
1. checking invalidating a law or executive act that is found to be
contrary to the Constitution;
2. legitimating upholding the validity of the law that results from a
mere dismissal of a case challenging the validity of the law;
rule on double negative uses the term not
unconstitutional; the court cannot declare a law
constitutional because it already enjoys a presumption of
constitutionality.
3. symbolic to educate the bench and bar as to the controlling
principles and concepts on matters of grave public importance for
the guidance of and restraint upon the future.(Salonga v. Cruz
Pao, 134 SCRA 438)
All courts can exercise Judicial Review
The Constitution contemplates that the inferior courts should
have jurisdiction in cases involving constitutionality of any treaty
or law for Sec. 5 (2), Art. VIII speaks of appellate review of final
judgments of inferior
courts in cases where such constitutionality happens to be in
issue. (J.M. Tuason and Co. v. Court of Appeals, 3 SCRA 696).
The Constitution vests the power of judicial review not only in the
Supreme Court but also in the RTC. However, in all actions
assailing the validity of a statute, treaty, presidential decree,
order or proclamation and not just in actions involving
declaratory relief and similar remedies, notice to the Solicitor
General is mandatory, as required in Sec. 3, Rule 64 of the Rules
of Court. The purpose of this mandatory notice is to enable the
Solicitor General to decide whether or not his intervention in the
action is necessary (Mirasol v. Court of Appeals, G.R. No. 128448,
February 1, 2001)
No member of a Constitutional Commission shall, during his tenure:
1. hold any other office or employment;
2. engage in the practice of any profession
3. engage in the active management and control of any business
which in any way may be affected by the functions of his office
4. be financially interested, directly or indirectly, in any contract
with, or in any franchise or privilege granted by the Government,
any of its subdivisions, agencies or instrumentalities, including
government-owned and controlled corporations or their
subsidiaries.
Safeguards that guarantee Independence of Commissions:
1. they are constitutionally created; may not be abolished by
statute;
2. each is expressly described as independent;
3. each is conferred certain powers and functions which cannot be
reduced by statute;
4. the Chairmen and members cannot be removed except by
impeachment;
5. the Chairmen and members are given fairly a long term of office
of 7 years;
6. the Chairmen and members may not be reappointed or appointed
in an acting capacity (Brillantes v. Yorac, 192 SCRA 358);
7. the salaries of the Chairmen and members are relatively high and
may not be decreased during continuance in office;
8. the Commissions enjoy fiscal autonomy;
9. each Commission may promulgate its own procedural rules,
provided they do not diminish, increase or modify substantive
rights [though subject to disapproval by the SC];
10. the Chairmen and members are subject to certain
disqualifications calculated to strengthen their integrity;
11. the Commissions may appoint their own officials and employees
in accordance with Civil Service Law (Nachura, Reviewer in
Political Law, p.209)
I. CIVIL SERVICE COMMISSION

Period for Decision (Sec. 15, Art. VIII) Composition:

All cases filed after the effectivity of the Constitution must be 1 chairman;
decided or resolved, from the date of submission, within: 2 commissioners
a. SC 24 months
b. Lower Collegiate Courts - 12 months, unless period is Qualifications:
reduced by SC; 1. natural-born citizen;
c. All other lower courts 3 months unless period is reduced 2. at least 35 years old at the time of appointment;
by SC 3. with proven capacity for public administration; and
4. not a candidate in any election immediately preceding the
In case of delay: appointment.

A certification to be signed by the Chief Justice or Presiding Term:

Justice shall be issued stating the reason for the delay. 7 years without reappointment.
Court, without prejudice to such responsibilities as may have
been incurred in consequence thereof shall decide or resolve Scope of the Civil Service: embraces all branches, subdivisions,
the case or matter submitted to it without further delay, instrumentalities and agencies of the Government, including
despite expiration of mandatory period. government-owned and controlled corporations with original charters
[Sec. 2(1), Art. IX-B]
Court does not lose jurisdiction over the case, despite the
lapse of the mandatory period. Classes of Service:
Erring judge or justice may be subjected to administrative a. Career service characterized by:
sanctions for the delay. 1. entrance based on merit and fitness to be determined
by competitive examination or based on highly
Effect of Declaration of Unconstitutionality technical qualifications.
2. Opportunity for advancement;
The law is either : 3. Security of tenure

17
 9. Submit to President and Congress, comprehensive reports on
Kinds: conduct of each election, plebiscite, initiative, referendum or
(i.) open career positions prior qualification via recall.
examination;
III. COMMISSION ON AUDIT
(ii.) closed career positions e.g., scientific or highly
technical;
Composition:
(iii.) career executive service e.g., Undersecretaries, 1 chairman;
Bureau Directors; 2 commissioners.
(iv.) career officers appointed by President, e.g., foreign
service; Qualifications:
(v.) positions in AFP, governed by separate merit system; 1. natural-born citizen;
2. at least 35 years old at the time of appointment;
(vi.) personnel of GOCCs with original charter; 3. CPAs with at least 10 years auditing experience or members of
(vii.) permanent laborers, whether skilled, semi-skilled the Bar with at least 10 years practice of law; at no time shall all
or unskilled. members belong to the same profession;
4. Not a candidate in election immediately preceding appointment.
b. Non-career Service characterized by :
Term:
1. entrance on bases other than those of usual tests 7 years without reappointment.
utilized for career service.
2. Tenure limited to period. Powers and Duties of COA:

Kinds: 1. examine, audit and settle all accounts pertaining to revenue and
receipts of, and expenditures or uses of funds and property
(i.) elective officials and their personal and confidential
owned or held in trust or pertaining to government;
staff;
2. keep general accounts of government and preserve vouchers and
(ii.) department heads and officials of cabinet rank, and supporting papers;
their personal and confidential staff; 3. authority to define scope of its audit and examination, establish
(iii.) chairmen and members of commissions and boards techniques and methods required therefor; and
with fixed terms of office and their personal and 4. promulgate accounting and auditing rules and regulations,
confidential staff; including those for prevention and disallowance.
(iv.) contractual personnel or those whose employment in
government is in accordance with special contract for Jurisdiction of the Commission: no law shall be passed exempting
specific work; and any entity of the Government, or any investment of public funds, from
the jurisdiction of the Commission on Audit (Sec. 3, Art. IX-D)
(v.) emergency and seasonal personnel.
Article XI :
ACCOUNTABILITY OF
Exceptions to requirement of competitive examinations (to
PUBLIC OFFICERS
determine merit and fitness):
I. IMPEACHABLE OFFICERS:
Policy Determining lays down principal or fundamental 1. President;
guidelines or rules. Formulates method of action. 2. Vice-President;
3. Justices of the Supreme Court;
Primarily Confidential primarily close intimacy which insures
4. Chairmen and Members of the Constitutional Commissions;
freedom of intercourse without embarrassment of freedom from
5. Ombudsman.
misgivings or betrayals on confidential matters of state;
II. IMPEACHMENT PROCESS
Or one declared to be so by President upon
recommendations of CSC (Salazar v. Mathay, 73 SCRA 275). Grounds for Impeachment:
Highly Technical requires possession of technical skill or
1.
2.
Culpable violation of the Constitution;
Treason;
training in supreme or superior degree. (de los Santos v. Mallare,
3. Bribery;
87 Phil 289)
4. Graft and Corruption;
5. Other high crimes; and
II. COMMISSION ON ELECTION
6. Betrayal of public trust.
Composition:
Initiation of Impeachment Case
1 chairman;
6 commissioners The House of Representatives shall have the exclusive power to
initiate all cases of impeachment
Qualifications:
1. natural-born citizen; Process of Impeachment
2. at least 35 years old at the time of appointment; 1. Verified Complaint filed by any member of the house or any
3. college degree holder ; citizen upon resolution of endorsement by any member
4. not candidate in election immediately preceding the appointment; thereof
and 2. Included in the order of business within 10 session days.
5. majority, including the chairman, must be members of the 3. Referred to the proper committee within 3 session days of its
Philippine Bar who have been engaged in the practice of law for inclusion.
at least 10 years
If the verified complaint is filed by at least one third of all
its members, the same shall constitute the Articles of
Term:
Impeachment, and trial by the Senate shall forthwith
7 years without reappointment.
proceed.
4. The Committee, after hearing, and by majority vote of all its
Powers and Functions of COMELEC:
members, shall submit its report to the House together with the
1. enforce and administer law and regulations relative to conduct of
corresponding resolution.
elections, plebiscite, initiative, referendum or recall;
5. Placing on calendar the Committee resolution within 10 days from
2. exclusive original jurisdiction over all contests relating to election,
submission;
returns and qualifications of all elective regional, provincial, and
6. Discussion on the floor of the report;
city officials.
7. A vote of at least one third of all the members of the House shall
3. Exclusive appellate jurisdiction over all contests involving elective
be necessary either to affirm a favorable resolution with the
municipal officials decided by RTC, or involving elective barangay
Articles of Impeachment of the Committee or override its contrary
officials by MTC;
resolution.
4. Decide, except those involving right to vote, all questions
affecting elections, including the determination of number and
Trial and Decision in Impeachment proceedings
location of polling places, appointment of election officials and
inspectors and registration of voters; 1. The Senators take an oath or affirmation.
5. Deputize, with concurrence of President, law enforcement 2. When the President of the Philippines is on trial the Chief Justice
agencies and instrumentalities for exclusive purpose of insuring of the Supreme court shall preside but shall not vote.
free, orderly, honest, peaceful and credible elections; 3. A decision of conviction must be concurred in by at least two
6. Register, after sufficient publication, political parties, thirds of all the members of the Senate.
organizations or coalitions which must present their platform or
program of government; accredit citizens arms; Effect of Conviction:
7. File upon verified complaint or motu propio petitions in court for 1. Removal from Office;
inclusion or exclusion of voters; investigate and, where 2. Disqualification to hold any other office under the Republic of the
appropriate , prosecute cases of violations of elections laws; Philippines;
8. Recommend to Congress effective measures to minimize election 3. Party convicted shall be liable and subject to prosecution, trial
spending, limitation of places and prevent and penalize all forms and punishment according to law.
of election frauds, offenses, malpractice and nuisance candidates;
and

18
Limitation: Not more than one impeachment case shall be initiated 4. member of the Philippine Bar; and
against the same official within a period of one year 5. must not have been candidates for any elective office in the
immediately preceding election.
III. SANDIGANBAYAN
the anti-graft court shall continue to function and exercise its Term of Office:
jurisdiction as now and hereafter may be provided by law. 7 years without reappointment.

Composition: Disqualifications and Inhibitions:

1 Presiding Justice and 14 Associate Justices with the rank of
During their tenure:
1. shall not hold any other office or employment;
Justice of the CA.
2. shall not engage in the practice of any profession or in the active
Sits in 5 divisions of 3 members each. management or control of any business which in any way may be
affected by the functions of his office;
Decision and Review 3. shall not be financially interested, directly or indirectly, in any
unanimous vote of all 3 members shall be required for the
contract with, or in any franchise or privilege granted by the
government, or any of its subdivisions, etc.;
pronouncement of judgment by a division. Decision shall be
4. shall not be qualified to run for any office in the election
reviewable by the SC on petition for certiorari.
immediately succeeding their cessation from office.
Jurisdiction of the Sandiganbayan:
The Constitution and RA 6770 (The Ombudsman Act of 1989) has
1. Original Jurisdiction endowed the Office of the Ombudsman with a wide latitude of
investigatory and prosecutory power virtually free from
a. violations of R.A. 3019 (AGCPA) as amended; R.A. 1379; legislative, executive or judicial intervention. The Supreme Court
and Chapter II, Sec.2, Title VII, Book II of the Revised Penal consistently refrains from interfering with the exercise of its
Code where one or more of the accused are officials powers, and respects the initiative and independence inherent in
occupying the following positions in the government, the Ombudsman who, beholden to no one, acts as the champion
whether in a permanent, acting or interim capacity at the of the people and the preserver of the integrity of public service.
time of the commission of the offense: (Loquias v. Office of the Ombudsman, GR No. 139396, August 15,
2000)
(i.) Officials of the Executive branch with the position of
regional director or higher, or with Salary Grade Level
27 (G27) according to R.A. 6758, specifically including: The Ombudsman is clothed with authority to conduct preliminary
(a.) Provincial governors, vice-governors; Board investigation and prosecute all criminal cases involving public
members, provincial treasurers, assessors, officers and employees, not only those within the jurisdiction of
engineers and other provincial department heads; the Sandiganbayan but those within the jurisdiction of the regular
courts as well. (Uy v. Sandiganbayan, GR No. 105965-70, March
(b.) City mayors, vice-mayors, city councilors; city 20, 2001).
treasurers, assessors, engineers and other city
V. ILL-GOTTEN WEALTH
department heads;
(c.) Officials of the diplomatic service from consuls or
higher; the right of the State to recover properties unlawfully acquired by
public officials or employee, from them or from their nominees or
(d.) PA/PAF colonels; PN captains and all officers of transferees, shall not be barred by prescription, laches or
higher rank; estoppel (Sec. 15, Art. XI) but it applies only to civil actions and
(e.) Officers of the PNP while occupying the position of not to criminal cases. (Presidential Ad Hoc Fact-Finding
provincial director and those holding the rank of Committee on Behest Loans v. Disierto, GR No.130140, October
senior superintendent or higher; 25, 1999)
(f.) City/provincial prosecutors and their assistants,
and officials and prosecutors in the Office of the
Ombudsman and special prosecutor; and Article XII :
NATIONAL ECONOMY AND PATRIMONY
(g.) Presidents, directors, trustees, or managers of
GOCCs state universities or educational
I. GOALS OF THE NATIONAL ECONOMY (SEC.1, ART. XII)
institutions or foundations;
1. more equitable distribution of wealth;
(ii.) Members of Congress and officials thereof with G27 and 2. increased wealth for the benefit of the people; and
up; 3. increased productivity.
(iii.) Members of the Judiciary without prejudice to the
Constitution; II. REGALIAN DOCTRINE
(iv.) Chairmen and members of the Constitutional (JURA REGALIA)
Commissions without prejudice to the Constitution; and
universal feudal theory that all lands were held from the Crown
(v.) All other national and local officials with G27 or higher;
(Holmes, Cario v. Insular Government, 212 US 449).
Exception: any land in the possession of an occupant and of his
b. Other offenses or felonies whether simple or complexed with
predecessors-in-interest since time immemorial. (Oh Cho v.
other crimes committed by the public officials and
Director of Land, 75 Phil 890);
employees mentioned in Subsection a in relation to their
office;
The 1987 Constitution reaffirmed the Regalian doctrine in Sec. 2,
Art. XII. (Cruz v. Secretary of DENR, G.R. No. 135385, December
c. Civil and criminal cases filed pursuant to and in connection
6, 2000).
with E.O. nos. 1, 2, 14 and 14-A issued in 1986.
All lands of the public domain, waters, minerals, coal, petroleum
2. Exclusive Original Jurisdiction over petitions for the issuance of
and other mineral oils, all forces of potential energy, fisheries,
the writs of mandamus, prohibitions, certiorari, habeas corpus,
forests, or timber, wildlife, flora and fauna, and natural resources
injunction and other ancillary writs and processes in aid of its
belong to the state. With the exception of agricultural lands, all
appellate jurisdiction, Provided, that jurisdiction over these
other natural resources shall not be alienated. (Sec. 2, Art. XII).
petitions shall be not exclusive of the Supreme Court; and
Classification of Lands of the Public Domain (Sec. 3, Art. XII)
3. Exclusive Appellate Jurisdiction over final judgments, resolutions
1. agricultural
or orders of regional trial courts whether in the exercise of their
2. forest timber;
own original jurisdiction or of their appellate jurisdiction. (RA
3. mineral lands; and
8249)
4. national parks.
IV. THE OMBUDSMAN Requirement of Reclassification or Conversion: positive act
of government; mere issuance of title not enough (Sunbeam
The champion of the citizens and protector of the people Convenience Food v. Court of Appeals, 181 SCRA 443).
Tasked to entertain complaints addressed to him against erring
public officers and take all necessary actions thereon. III. FILIPINIZED ACTIVITIES REGARDING THE NATIONAL
ECONOMY AND PATRIMONY:
Composition: 1. co-production, joint venture or production sharing agreement for
1. An Ombudsman to be known as Tanodbayan exploration, development and utilization of natural resources:
2. 1 overall Deputy; and Filipino citizens or entities (read: corporations or associations)
with 60% Filipino capitalization;
3. at least 1 Deputy each for Luzon, Vizayas and Mindanao;
2. use and enjoyment of nations marine wealth within territory:
4. A separate Deputy for the military establishment may likewise be Exclusively for Filipino citizens;
appointed. 3. Alienable lands of the public domain: Only Filipino citizens may
acquire not more than 12 hectares by purchase, homestead or
Qualifications of the Ombudsman and his deputies: grant, or lease not more than 500 hectares. Private corporations
1. natural born citizen; may lease not more than 1,000 hectares for 25 years renewable
2. at least 40 years old; for another 25 years;
3. of recognized probity and independence;

19
4. Certain areas of investment: reserved for Filipino citizens or Commission has no authority to force it to dismiss a member
entities with 60 % FC, although Congress may provide for higher of its faculty even in the guise of enforcing Civil Service
percentage; Rules.(UP v. Civil Service Commission, GR No.132860, April
5. grant of rights, privileges and concessions covering national 3, 2001)
economy and patrimony, State shall give preference to qualified
Filipinos; 2. to the faculty -
6. Franchise, certificate or any other form of authorization for the
operation of a public utility: only to Filipino citizens or entities a. freedom in research and in the publication of the results,
with 60% FC; subject to the adequate performance of his other academic
such franchise, etc., shall not be exclusive, nor for period
b.
duties;
freedom in the classroom in discussing his subject, less
longer than 50 years and subject to amendment, alteration
controversial matters which bear no relation to the subject;
or repeal by Congress; all executive and managing officers
c. freedom from institutional censorship or discipline, limited
must be Filipino citizens.
by his special position in the community.
IV. PRIVATE LANDS
3. to the student - right to enjoy in school the guarantee of the Bill
of rights (Non v. Dames, 185 SCRA 523).
General Rule: no private land shall be transferred or conveyed except
to individual, corporations or associations qualified to acquire or hold
lands of the public domain.
Article XVI :
STATE IMMUNITY FROM SUIT
Exceptions:
1. foreigners who inherit through intestate succession;
Basis: The state may not be sued without its consent. (Sec. 3, Art.
2. former natural-born Filipino citizen may be a transferee of private
XVI).
lands subject to limitations provided by law.
3. ownership in condominium units.
Test to determine if suit is against State:
4. Parity right agreement, under the 1935 Constitution
If the enforcement of the decision rendered against the public
officer or agency impleaded will require an affirmative act from
Stewardship Doctrine Private property is supposed to be held State, then, it is a suit against the State (Nachura, Reviewer in
by the individual only as a trustee for the people in general, who Political Law, p. 20).
are its real owners.
A suit is against the state, regardless of who is named as
defendant, if it produces adverse consequences on the public
Article XIII : SOCIAL JUSTICE AND HUMAN RIGHTS treasury, whether in the disbursement of funds or loss of
property, the public official proceeded against not being liable in
Social Justice as Envisioned his personal capacity. (Begosa v. Chairman, Phil. Veterans Adm.
By the Constitution 32 SCRA 466)
equitable diffusion of wealth and political power for common
Forms of Consent:
good;
1. Express consent
regulation of acquisition, ownership, use and disposition of a. general law
property and its increments; and (i.) Act No. 3083 and CA 327 as amended by Secs. 49-50,
creation of economic opportunities based on freedom of initiative PD 1445: money claims arising from contracts first filed
and self-reliance (Sec. 1 and 2, Art. XIII). with COA before suit may be filed in court;
(ii.) Art. 2180, NCC: tort committed by special agent;
Distributive Justice the attainment of a more equitable (iii.) Art. 2189, NCC: LGUs liable for injuries or death caused
distribution of land which recognizes the right of farmers and by defective condition of roads xxx or public works
regular farm workers who are landless to own the land they till, under their control (City of Manila vs Teotico, 22 SCRA
and a just share of other or seasonal farm workers in the fruits of 267)
the land; (iv.) Sec. 22 (2) of RA 7160 (LGC of 1991): LGUs have
-- based on the Aristotelian notion of giving each one what is due power to sue and be sued;
him on the basis of personal worth and value, and not merely
what he has contracted for.
(v.) Sec. 24 of LGC, LGUs and their officials are not exempt
from liability for death or injury or damage to property.
b. special law (Merritt v. Government of the Philippine Islands,
Rights of Labor Guaranteed
34 Phil., 311).
by the Constitution (Sec. 3, Art. XIII)
1. full protection to labor;
2. implied consent
2. promotion of full employment and equality of employment
a. when State commences litigation becomes vulnerable to
opportunity to all;
counterclaim; (Froilan v. Pan Oriental Shipping, GR No. L-
3. guarantee of right of workers to self-organization;
6060 Sept. 30, 1950)
4. collective bargaining and negotiations;
b. State enters into a business contract
5. peaceful concerted activities including the right to strike in
accordance with law; (i). Jure Gestonis - by right of economic or business
6. right to security of tenure; relations, may be sued (US v. Guinto, 182 SCRA 644);
7. right to human conditions of work; (ii). Jure Imperii - by right of sovereign power, in the
8. right to participate in policy and decision-making affecting their exercise of sovereign functions. No implied consent (US
rights and benefIts. v. Ruiz, 136 SCRA 487).
c When it would be inequitable for the state to claim
immunity (Amigable v. Cuenca, 43 SCRA 360)
Article XIV : EDUCATION
Scope of Consent: Consent to be sued does not include consent to
Principal Characteristic of Education which State must Promote the execution of judgement against it. Such execution will require
and Protect: another waiver, because the power of the court ends when the
1. quality education; judgement is rendered, since government funds and properties may
2. affordable education [Sec.1, Art.XIV]; not be seized under writs of execution or garnishment, unless such
3. education that is relevant to the needs of the people [Sec.2(1), disbursement is covered by the corresponding appropriation as
Art.XIV]. required by law (Republic v. Villasor, 54 SCRA 84).
1. Under Act No. 3083
Nationalized Educational Activities:
1. ownership, except those established by religious groups and Ordinary rule for execution will not apply after money
mission boards; judgment against the government, for the consent to be
2. control and administration; and sued is only up to the point of judgment
3. student population [Sec.4(2), Art.XIV].
2. Under a charter
Aspects of Academic Freedom:
May be enforced by a writ of execution because consent is
until the satisfaction of the money judgment.
1. to the institution to provide that atmosphere which is most
conducive to speculation, experimentation and creation;
Rules Regarding Government Agencies:
Freedom to determine for itself on academic grounds:
1. Incorporated (GOCC)
a. who may teach;
a. if its charter provides that it has the right to sue and be sued,
b. what may be taught;
it is an express consent and it is suable.(SSS v. CA, 120 SCRA
c. how shall it be taught; and
707);
d. who may be admitted to study (Miriam College Foundation
b. if its charter is silent, inquire into its function based on the
v. CA, GR No. 127930, December 15, 2000);
purpose for which it was created.(Malong v. PNR, 138 SCRA
63)
As part of its constitutionally enshrined academic freedom, (i.) propriety if the purpose is to obtain special corporate
the University of the Philippines has the prerogative to benefits or earn pecuniary profit, suable;
determine who may teach its students. The Civil Service

20
 (ii.)
governmental if it is in the interest of health, safety CONGRESS CON- PEOPLE
and for the advancement of public good and welfare, CON
affecting the public in general, not suable (Balquera v.
Alcala, 295 SCRA 366). For both For both For amendments
2. Unincorporated - Amendments and amendments and only!
a. performs governmental functions: not suable without State Revisions Revisions
consent even if performing proprietary function incidentally
(Bureau of Printing v. Bureau of Printing Employees
Association, 1 SCRA 340). AMENDMENT REVISION
b. performs proprietary functions: suable (Civil Aeronautics Alteration of one or a few Reexamination of the entire
Administration v. CA, 167 SCRA 28). specific and isolated Constitution or an important
provisions of the cluster of provisions in the
Rules Regarding Garnishment or Levy of Government Funds in Constitution Constitution
Government Depository:

General Rule: government funds deposited with PNB or authorized 2. Ratification

depositories cannot be subject to garnishment.
Exceptions:
1. where law or ordinance has already been enacted appropriating a
specific amount to pay a valid governmental obligation.
(Municipality of San Miguel, Bulacan v. Fernandez, G.R. No. L-
61744. June 25, 1984);
2. funds belonging to government corporations which can sue and be
sued that are deposited with a bank (PNB v. Pabalan, 83 SCRA
595).
Rules Regarding Payment of Interests by Government in Money
Judgments Against It:
Proposed amendment(s) shall be submitted to the people and
shall be deemed ratified by majority of the votes cast in a
plebiscite, held not earlier than 60 days nor later than 90 days:
a. after approval of the proposal by Congress or ConCon, or
b. after certification by the COMELEC of sufficiency of petition
of the people.
Doctrine of Proper Submission plebiscite may be held on the
same day as regular election.(Gonzales v. Comelec, 21 SCRA
774) provided the people are sufficiently informed of the
amendments to be voted upon, to conscientiously deliberate
thereon, to express their will in a genuine manner.

General Rule: Government cannot be made to pay interests;

Submission of piece-meal amendments is unconstitutional. All the
Exceptions: amendments must be submitted for ratification at one plebiscite
only. The people have to be given a proper frame of reference in
1. eminent domain;
arriving at their decision. They have no idea yet of what the rest
2. erroneous collection of taxes; or of the amended constitution would be. (Tolentino v. Comelec,
3. where government agrees to pay interest pursuant to law. G.R. No. L-34150. October 16, 1971).

Article XVII: PROCEDURE IN AMENDING THE CONSTITUTION

Questions as to amendments are now subject to Judicial review.
(Sanidad v. Comelec, 78 SCRA 332)
Steps in Amendatory Process:

1. Proposal
ADMINISTRATIVE LAW
a. Congress acting as Constituent Assembly
Branch of public law that fixes the organization of the
government and determines competence of authorities who
(i.) Direct proposal vote of of all its members execute the law and indicates to the individual remedies for the
violations of his rights.
(ii.) by calling a Constitutional Convention called either
by: I. ADMINISTRATIVE BODIES OR AGENCIES

(iia.) 2/3 vote of all the members of the Congress; or A body, other than the courts and the legislature, endowed with
quasi-legislative and quasi-judicial powers for the purpose of
(iib.) a majority vote of all the members of Congress, enabling it to carry out laws entrusted to it for enforcement or
with the question of whether or not to call a execution.
constitutional convention to be resolved by the
people in a plebiscite (Sec. 3, Art. XVII) How Created:
1. by constitutional provision;
If Congress, acting as a Constituent Assembly, omits to 2. by legislative enactment; and
provide for the implementing details, Congress, acting 3. by authority of law.
as a Legislative Assembly this time, can enact the
necessary implementing legislation to fill in the II. POWERS OF ADMINISTRATIVE
gaps.(Imbong v. Ferrer, G.R. No. L-32432. September BODIES:
11, 1970).
1. Quasi-legislative or rule-making power;
b. by the people through Initiative by a petition of at least 2. Quasi-judicial or adjudicatory power; and
12% of the total number of registered voters, of which every 3. Determinative powers.
legislative district must be represented by at least 3% of the
registered voters therein. A. QUASI-LEGISLATIVE OR RULE-
Initiative the power of the people to propose

MAKING POWER
In exercise of delegated legislative power, involving no discretion
amendments to the Constitution or to propose and
as to what law shall be, but merely authority to fix details in
enact legislation through an election called for the
execution or enforcement of a policy set out in law itself.
purpose; Indirect Initiative the exercise of initiative
by the people through a proposition sent to Congress or
Kinds:
the local legislative body for action (Sec 2, RA6735).
1. Legislative regulation

no amendment in this manner shall be authorized within 5

years following the ratification of this Constitution (February
2, 1987) nor more often than once every 5 years.
RA 6735 (System of Initiative and Referendum) does not
authorize a system of initiative to amend the Constitution.
The law was deemed sufficient to cover only the systems of
initiative on national and local legislation because:
1. Sec. 2 on the Statement of Policies of the Act does not
suggest an initiative on the Amendments to the
Constitution;
2. Sec. 5 of the Act does not provide for the contents of
the provision for initiative on the Constitution;
3. That the Act does not provide a sub-title for initiative
on the Constitution simply means that the main thrust
of the Act is initiative and referendum on National and
Local Laws. (Defensor-Santiago v. Comelec, GR No.
127325, March 17, 1997).
PROPOSAL BY PROPOSAL BY
a. Supplementary or detailed legislation, e.g. Rules and
Regulations Implementing the Labor Code;
b. Contingent regulation
2. Interpretative legislation, e.g. BIR Circulars
Requisites for valid exercise:
1. Issued under authority of law;
2. Within the scope and purview of the law;
3. Promulgated in accordance with the prescribed procedure:
a. notice and hearing generally, not required; only when:
i. the legislature itself requires it and mandates that the
regulation shall be based on certain facts as
determined at an appropriate investigation;
ii. the regulation is a settlement of a controversy between
specific parties; considered as an administrative
adjudication (Cruz, Philippine Administrative Law, p.42
- 43); or
iii. the administrative rule is in the nature of subordinate
legislation designed to implement a law by providing its
details (CIR v. Court of Appeals, 261 SCRA 236).

21
 b. publication 3. Appellate administrative agency may conduct additional hearing
4. Reasonable in appealed case, if deemed necessary.

Requisites for Validity of Administrative Rules With Penal C. DETERMINATIVE POWERS

Sanctions:
1. law itself must declare as punishable the violation of 1. enabling permit the doing of an act which the law undertakes
administrative rule or regulation; to regulate;
2. law should define or fix penalty therefor; and 2. directing order the doing or performance of particular acts to
3. rule/regulation must be published. ensure compliance with the law and are often exercised for
corrective purposes
Doctrine of Subordinate Legislation power of administrative 3. dispensing to relax the general operation of a law or to exempt
agency to promulgate rules and regulations on matters of their from general prohibition, or relieve an individual or a corporation
own specialization. from an affirmative duty;
4. examining -- also called investigatory power;
Doctrine of Legislative Approval by Re-enactment -- the 5. summary power to apply compulsion or force against persons
rules and regulations promulgated by the proper administrative or property to effectuate a legal purpose without judicial warrants
agency implementing the law are deemed confirmed and to authorize such actions.
approved by the Legislature when said law was re-enacted by
later legislation or through codification. The Legislature is III. EXHAUSTION OF
presumed to have full knowledge of the contents of the ADMINISTRATIVE REMEDIES
regulations then at the time of re-enactment. Whenever there is an available administrative remedy provided
by law, no judicial recourse can be made until all such remedies
QUASI-LEGISLATIVE QUASI- have been availed of and exhausted.
FUNCTIONS JUDICIAL FUNCTIONS
1. Doctrine of Prior Resort or (Doctrine of Primary
Administrative Jurisdiction) where there is competence or
1. consists of issuance of 1. refers to its end
jurisdiction vested upon administrative body to act upon a
rules and regulations product called order,
matter, no resort to courts may be made before such
reward or decision
administrative body shall have acted upon the matter.

2. general applicability 2. applies to a specific

3. prospective; it
envisages the
promulgation of a rule
or regulation generally
applicable in the future
situation
2. Doctrine of Finality of Administrative Action no resort to
courts will be allowed unless administrative action has been
3. present completed and there is nothing left to be done in administrative
determination of structure.
rights, privileges or
duties as of previous
or present time or
3. Judicial Relief from Threatened Administrative Action
courts will not render a decree in advance of administrative action
occurrence and thereby render such action nugatory. It is not for the court to
stop an administrative officer from performing his statutory duty
for fear he will perform it wrongly.

B. QUASI-JUDICIAL OR ADJUDICATORY POWER Effect of Failure to Exhaust Administrative Remedies: as a

Proceedings partake of nature of judicial proceedings. general rule, jurisdiction of court not affected but complaint is
Administrative body granted authority to promulgate its own rules vulnerable to dismissal.
of procedure.
Exceptions to the Doctrine:
Two necessary conditions:
1. doctrine of qualified political agency (when the respondent is a
1. due process; and department secretary whose acts as an alter ego of the President
2. jurisdiction bears the implied and assumed approval of the latter); except
where law expressly provides exhaustion;
Includes the following powers: 2. administrative remedy is fruitless;
1. Prescribe rules of procedure
2. Subpoena power
3. where there is estoppel on part of administrative agency;
3. Contempt Power 4. issue involved is purely legal;
5. administrative action is patently illegal, amounting to lack or
Administrative Due Process: excess of jurisdiction;
1. right to a hearing; 6. where there is unreasonable delay or official inaction;
2. tribunal must consider evidence presented; 7. where there is irreparable injury or threat thereof, unless judicial
3. decision must have something to support itself; recourse is immediately made;
4. evidence must be substantial; 8. in land case, subject matter is private land;
5. decision must be based on evidence adduced at hearing or at 9. where law does not make exhaustion a condition precedent to
least contained in the record and disclosed to parties; judicial recourse;
6. board of judges must act on its independent consideration of 10. where observance of the doctrine will result in nullification of
facts and law of the case, and not simply accept view of claim;
subordinate in arriving at a decision; and 11. where there are special reasons or circumstances demanding
7. decision must be rendered in such a manner that parties to immediate court action; and
controversy can know various issues involved and reason for 12. when due process of law is clearly violated.
decision rendered.(Ang Tibay vs CIR, 69 Phil 635)
IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
Substantial Evidence relevant evidence as a reasonable mind
When made:
might accept as adequate to support a conclusion.
1. to determine constitutionality or validity of any treaty, law,
ordinance, executive order, or regulation;
Administrative Determinations Where Notice and Hearing Not
2. to determine jurisdiction of any administrative board,
Necessary:
commission or officer;
1. summary proceedings of distraint and levy upon property of 3. to determine any other questions of law; and
delinquent taxpayer; 4. to determine questions of facts when necessary to determine
2. grant of provisional authority for increase of rates, or to engage either:
in particular line of business; a. constitutional or jurisdictional issue;
3. cancellation of passport where no abuse of discretion is b. commission of abuse of authority; and
committed;
c. when administrative fact finding body is unduly restricted
4. summary abatement of nuisance per se which affects safety of by an error of law.
persons or property;
5. preventive suspension of officer or employee pending Modes of review:
investigation; and 1. Statutory;
6. grant or revocation of licenses for permits to operate certain 2. Non-statutory inherent power of the court to review such
businesses affecting public order or morals. proceedings upon questions of jurisdiction and questions of law;
3. Direct proceeding;
Administrative Appeal or Review 4. Collateral attack.
1. Where provided by law, appeal from administrative determination
General Rule: Findings of facts of Administrative Agencies accorded
may be made to higher or superior administrative officer or body.
great weight by the Courts.
2. By virtue of power of control of President, President himself or
through Department Head may affirm, modify, alter, or reverse Exceptions to the Rule:
administrative decision of subordinate.
1. factual findings not supported by evidence;

22
2. findings are vitiated by fraud, imposition or collusion; 7. known appointment or election pursuant to unconstitutional law
before declaration of unconstitutionality.
3. procedure which led to factual findings is irregular;
4. palpable errors are committed; and DE JURE DE FACTO
5. grave abuse of discretion, arbitrariness or capriciousness is OFFICER OFFICER
manifest.
1. rests on the right 1. on reputation
Brandeis Doctrine of Assimilation of Facts one purports to
be finding of fact but is so involved with and dependent upon a 2. has lawful or title to 2. has possession and
question of law as to be in substance and effect a decision on the the office performs the duties
latter, courts will review the entire case including the latter. under color of right
without being
technically qualified in
LAW ON all points of law to act
PUBLIC OFFICERS

I. PUBLIC OFFICE 3. cannot be removed in 3. may be ousted in a

right, authority and duty created and conferred by law, by which a direct proceeding direct proceeding
for a given period, either fixed by law or enduring at pleasure of against him.
creating power, and individual is vested with some sovereign
functions of government to be exercised by him for the benefit of
the public.(Fernandez vs Sto Tomas, 234 SCRA 546) DE FACTO OFFICER INTRUDER

Elements of Public Office: 1. officer under any of 1. one who takes

1. created by law or ordinance authorized by law; the 4 circumstan- ces possession of an office
2. possess sovereign functions of government to be exercised for mentioned and undertakes to act
public interests; officially without any
3. functions defined expressly or impliedly by law; authority, either actual
4. functions exercised by an officer directly under control of law, not or apparent
under that of a superior officer unless they are functioned
conferred by law upon inferior officers, who by law, are under
control of a superior; and
5. with permanency or continuity, not temporary or occasional. 2. has color of right or 2. has neither lawful title
title to office nor color of right or
II. PUBLIC OFFICERS title to office
individuals vested with public office
3. acts are valid as to 3. acts are absolutely void
Classification of Public Officers: the public until such and can be impeached
1. Executive, legislative and judicial officers; time as his title to the in any proceeding at
2. Discretionary or ministerial officers; office is adjudged any time unless and
3. Civil or military officers; insufficient until he continues to
4. Officers de jure or de facto; and act for so long a time
5. National, provincial or municipal officials as to afford a
presumption of his
Eligibility and qualification: right to act
two senses 4. entitled to 4. not entitled to
compensation for compensation
1. may refer to endowments, qualities or attributes which make
services rendered
an individual eligible for public office;
2. may refer to the act of entering into performance of
functions of public office. Legal Effects of Acts
valid insofar as they affect the public
Authority to prescribe qualification:
1. when prescribed by Constitution, ordinarily exclusive, except Entitlement to Salaries
when Constitution itself provides otherwise; General Rule : rightful incumbent may recover from de facto officer
salary received by latter during time of wrongful tenure even
2. when office created by statute, Congress has generally plenary though latter is in good faith and under color of title.(Monroy v.
power to prescribe qualification but such must be: CA, 20 SCRA 620)
a. germane to purpose of office; and Exception: when there is no de jure public officer, de facto officer
b. not too specific so as to refer to only one individual. entitled to salaries for period when he actually discharged
functions.(Civil Liberties Union v. Exec. Sec., 194 SCRA 317)
III. DE FACTO OFFICERS
one who has reputation of being an officer that he assumes to be, IV. COMMENCEMENT OF OFFICIAL RELATIONS:
and yet is not an officer in point of law. 1. by appointment; or
a person a de facto officer where the duties of the office are 2. by election
exercised under any of the following circumstances:
1. Without a known appointment or election, but under such Appointment selection, by authority vested with power, of
circumstances of reputation or acquiescence as were individual who is to perform functions of a given office.
calculated to induce people, without inquiry, to submit to or
invoke his action, supposing him to the be the officer he Essentially a discretionary power and must be performed by
assumed to be; or the officer in which it is vested according to his best lights,
2. Under color of a known and valid appointment or election, the only condition being that the appointee should possess
but where the officer has failed to conform to some the minimum qualification requirements prescribed by law
precedent requirement or condition (e.g., taking an oath or for the position (Nachura, Reviewer in Political Law, p. 305)
giving a bond);
3. Under color of a known election or appointment, void Commission written evidence of appointment.
because:
a. the officer was not eligible; Designation imposition of additional duties, usually
b. there was a want of power in the electing or appointing by law, on a person already in public office.
body;
c. there was a defect or irregularity in its exercise; Classification of Appointments:
such ineligibility, want of power, or defect being unknown to 1. Permanent extended to person possessing requisite
the public. qualification for the position and thus enjoys security of
4. Under color of an election or an appointment by or pursuant tenure;
to a public, unconstitutional law, before the same is 2. Temporary acting appointment;
adjudged to be such. 3. Regular made by President while Congress is in session
Note: Here, what is unconstitutional is not the act creating the office, and becomes effective after nomination is confirmed by the
but the act by which the officer is appointed to an office legally Commission on Appointments and continues until the end of
existing. (Norton v. County of Shelby) term; and
4. Ad-interim
Requisites: a. Recess -- made while Congress is not in session, before
1. valid existing office; confirmation, is immediately effective, and ceases to be
2. actual physical possession of said office; valid if disapproved or bypassed by CA upon next
3. color of title to office; adjournment of Congress;
4. by reputation or acquiescence; b. Midnight made by the President before his term
5. known or valid appointment or election but officer failed to expires, whether or not this is confirmed by the
conform with legal requirements; Commission on Appointments.
6. known appointment or election but void because of ineligibility of
officer or want of authority of appointing or electing authority or Nepotism all appointments in the national, provincial, city
irregularity in appointment or election not known to public; and and municipal governments or in any branch or
instrumentality thereof, including GOCC, made in favor of a

23
 relative of the (1) appointing or (2) recommending authority means of enabling the
or of the (3) chief of the bureau or office or of the (4) disciplinary authority to
persons exercising immediate supervision over him. A conduct an
relative is one within the 3rd degree either of consanguinity unhampered
or affinity investigation.

Vacancy when an office is empty and without a legally

2. no compensation due 2. If exonerated, he
for the period of should be reinstated
qualified incumbent appointed or elected to it with a lawful
suspension even if with full pay for the
right to exercise its powers and performs its duties.
found innocent of the period of suspension.
charges.
Classifications of vacancy:
1. original when an office is created and no one has
been appointed to fill it; Rules on Preventive Suspension:
2. constructive when the incumbent has no legal right or
claim to continue in office and can be legally replaced 1. Appointive Officials:

3.
by another functionary;
accidental when the incumbent having died, resigned,
or been removed, there is no one in esse discharging
the duties of the office;
4. absolute when the term of an incumbent having
expired and the latter not having held over, no
successor is in being who is legally qualified to assume
the office.
V. POWERS AND DUTIES OF A
PUBLIC OFFICER:
1. Ministerial discharge is imperative and requires neither
judgment nor discretion, mandamus will lie; and
2. Discretionary imposed by law wherein officer has right to decide
how and when duty shall be performed, mandamus will not lie.
VI. LIABILITY OF PUBLIC OFFICER:
General Rule: not liable for injuries sustained by another as a
consequence of official acts done within the scope of his authority,
except as otherwise provided by law.
A Public Officer shall not be civilly liable for acts done in the
performance of his duties
Exceptions:
1. statutory liability under the Civil Code (Arts. 27, 32 and 34);
2. When there is a clear showing of bad faith, malice or negligence
(Administrative Code of 1987);
3. liability on contracts; and
4. liability on tort .
Threefold Liability Rule wrongful acts or omissions of
public officers may give rise to civil, criminal, and
administrative liability. (CAC liability rule)
Liability of Ministerial Officers:
1. Nonfeasance neglect or refusal to perform an act which is
officers legal obligation to perform;
2. Misfeasance failure to use that degree of care, skill and
diligence required in the performance of official duty; and
2.
3. Malfeasance doing, through ignorance, inattention or malice, of
an act which he had no legal right to perform.
Doctrine of Command Responsibility
A superior officer is liable for acts of a subordinate when:
1. he negligently or willfully employs or retains unfit or incompetent
subordinates;
2. he negligently or willfully fails to require subordinate to conform
to prescribed regulations;
3. he negligently or carelessly oversees business of office as to
furnish subordinate an opportunity for default;
4. he directed or authorized or cooperated in the wrong; or
5. law expressly makes him liable.
Under the Revised Admin. Code of 1987, A Superior Officer
shall be liable for acts of subordinate officers only if he has
actually authorized be written order the specific act or
misconduct complained.
Subordinate officers are also liable for willful or negligent
acts even if he acted under orders if such acts are contrary
to law, morals, public policy and good customs
Preventive Suspension:
a precautionary measure so that an employee who is formally
charged of an offense may be separated from the scene of his
alleged misfeasance while the same is being investigated
(Bautista v. Peralta, 18 SCRA 223)
need not be preceded by prior notice and hearing since it is not a
penalty but only a preliminary step in an administrative
investigation (Lastimosa v. Vasquez, 243 SCRA 497)
the period of preventive suspension cannot be deducted from
whatever penalty may be imposed upon the erring officer (CSC
Resolution No. 90-1066)
Not a Presidential Appointee (Secs. 41-42, P.D. 807):
a. by whom the proper disciplining authority may
preventively suspend;
b. against whom any subordinate officer or employee under
such authority;
c. when pending an investigation;
d. grounds if the charge against such officer or employee
involves:
i. dishonesty;
ii. oppression or grave misconduct;
iii. neglect in the performance of duty; or
iv. if there are reasons to believe that respondent is guilty
of the charges which would warrant his removal from
the service
e. duration the administrative investigation must be
terminated within 90 days; otherwise, the respondent shall
be automatically reinstated unless the delay in the
disposition of the case is due to the fault, negligence or
petition of the respondent, in which case the period of delay
shall not be counted in computing the period of suspension.
A Presidential Appointee:
a. can only be investigated and removed from office after due
notice and hearing by the President of the Philippines under
the principle that the power to remove is inherent in the
power to appoint as can be implied from Sec. 5, R.A.2260
(Villaluz v. Zaldivar, 15 SCRA 710).
b. the Presidential Commission Against Graft and Corruption
(PCAGC) shall have the power to investigate administrative
complaints against presidential appointees in the executive
department of the government, including GOCCs charged
with graft and corruption involving one or a combination of
the following criteria:
i. presidential appointees with the rank equivalent to or
higher than an Assistant Regional Director;
ii. amount involved is at least P10M;
iii. those which threaten grievous harm or injury to the
national interest; and
iv. those which may be assigned to it by the President
(E.O. No. 151 and 151-A).
Elective Officials: (Sec 63, R.A. 7160)
a. by whom against whom
i. President elective official of a province, a highly
urbanized or an independent component city;
ii. Governor elective official of a component city or
municipality;
iii. Mayor elective official of a barangay
b. when at any time after the issues are joined;
c. grounds:
i. reasonable ground to believe that the respondent has
committed the act or acts complained of;
ii. evidence of culpability is strong;
iii. gravity of the offense so warrants;
iv. continuance in office of the respondent could influence
the witnesses or pose a threat to the safety and
integrity of the records and other evidence
d. duration:
i. single administrative case not to extend beyond 60
days;
ii. several administrative cases not more than 90 days
within a single year on the same ground or grounds
existing and known at the time of the first suspension
Section 24 of the Ombudsman Act (R.A. 6770) expressly provide
that the preventive suspension shall continue until the case is
terminated by the Office of the Ombudsman but not more than 6
months without pay. The preventive suspension for 6 months
without pay is thus according to law (Lastimosa v. Vasquez, 243
SCRA 497)
R.A. 3019 makes it mandatory for the Sandiganbayan to
suspend, for a maximum period of 90 days unless the case is
decided within a shorter period, any public officer against whom a
valid information is filed charging violation of:
1. R.A. 3019;
2. Book II, Title 7, Revised Penal Code; or
3. offense involving fraud upon government or public funds or
property (Cruz, The Law of Public Officers, pp. 86-87)

PENDING PENDING VII. RIGHTS OF PUBLIC OFFICERS:

INVESTIGATION APPEAL
[Sec.51, E.O.292] [Sec.27(4), E.O. 292] 1. Right to Office just and legal claim to exercise powers and
responsibilities of the public office.
1. not a penalty but only a 1. Punitive in character

24
 Term period during which officer may claim to hold
office as a right.
Tenure period during which officer actually holds
office.
2. Right to Salary
Basis: legal title to office and the fact the law attaches
compensation to the office.
Salary compensation provided to be paid to public
officer for his services.
Preventive Suspension public officer not entitled during
the period of preventive suspension, but upon exoneration
and reinstatement he must be paid full salaries and
emoluments during such period.
Forms of Compensation:
a. salary personal compensation to be paid to public
officer for his services and it is generally a fixed annual
or periodical payment depending on the time and not
on the amount of the service he may render;
b. per diem allowance for days actually spent in the
performance of official duties;
c. honorarium something given as not as a matter of
obligation, but in appreciation for services rendered;
d. fee payment for services rendered or on commission
on moneys officially passing through their hands; and
e. emoluments profits arising from the office, received
as compensation for services or which is annexed to
the office as salary, fees, or perquisites.
3. Right to Preference in Promotion
Promotion movement from one position to another with
increase in duties and responsibilities as authorized by law
and usually accompanied by an increase in pay.
Next-in-Rank Rule the person next in rank shall be given
preference in promotion when the position immediately above
his is vacated. But the appointing authority still exercises his
discretion and is not bound by this rule.
Appointing officer is only required to give special reasons
for not appointing officer next in rank if he fills vacancy
by promotion in disregard of the next in rank rule.
(Pineda vs. Claudio, 28 SCRA 34)
Automatic Reversion Rule all appointments involved in
chain of promotions must be submitted simultaneously for
approval by the Commission, the disapproval of the
appointment of a person proposed to a higher position
invalidates the promotion of those in the lower positions and
automatically restores them to their former positions.
4. Right to vacation leave and sick leave with pay;
5. Right to maternity leave;
6. Right to pension and gratuity;
Pension regular allowance paid to an individual or a group
of individuals by the government in consideration of services
rendered or in recognition of merit, civil or military.
Gratuity a donation and an act of pure liberality on the
part of the State.
7. Right to retirement pay;
8. Right to reimbursement for expenses incurred in performance of
duty;
9. Right to be indemnified against any liability which they may incur
in bona fide discharge of duties; and
10. Right to longevity pay.
VIII. MODES OF TERMINATION
OFFICIAL RELATIONSHIP:
1. expiration of term or tenure;
2. reaching the age limit;
3. resignation;
4. recall;
5. removal;
6. abandonment;
7. acceptance of incompatible office;
8. abolition of office;
9. prescription of right to office (within one year after the cause of
ouster or the right to hold such office or position arose);
10. impeachment;
11. death;
12. failure to assume elective office within 6 months from
proclamation;
13. conviction of a crime; and
14. filing of certificate of candidacy.
When public officer holds office at pleasure of appointing power,
his replacement amounts to expiration of his term, not
removal.(Alajar vs Alba, 100 Phil 683)
Principle of Hold-Over if no express or implied Constitutional
or statutory provision to the contrary, public officer is entitled to
25
hold office until successor has been chosen and shall have
qualified.
Purpose : to prevent hiatus in public office. (But subject to Art.
237 of RPC)
Retirement:
Members of Judiciary : 70 years of age
Other government officers and employees : 65 years of age
Optional retirement age: after rendition of minimum number of
years of service.
Accepting Authority for Resignation:
1. to competent authority provided by law;
2. If law is silent and public officer is appointed, tender to
appointing officer;
3. If law is silent and public officer is elected, tender to officer
authorized by law to call election to fill vacancy:
a. President and Vice-President - Congress
b. Members of Congress - respective Chambers
e. Governors, Vice Governors, Mayors and Vice Mayors of
HUCs and independent component cities - President.
f. Municipal Mayors and Vice Mayors/City Mayors and Vice
Mayors of component cities - Provincial Governor;
g. Sanggunian Members Sanggunian concerned; and
h. Elective Barangay Officials Municipal or City Mayors
Recall -- termination of official relationship for loss of confidence
prior to expiration of his term through the will of the people.
Limitations on Recall:
1. any elective official may be subject of a recall election only once
during his term of office for loss of confidence; and
2. no recall shall take place within one year from date of the
officials assumption to office or one year immediately preceding
a regular local election.
Procedure for Recall (Secs. 70-72, R.A. 7160)
1. Initiation of the Recall Process:
a. by a Preparatory Recall Assembly (PRA) composed of:
i. Provincial mayors, vice mayors and sanggunian (sg)
members of the municipalities and component cities;
ii. City punong barangay and (sg) barangay members;
iii. Legislative District:
iiia. SG Panlalawigan municipal officials in the
district;
iiib. SG Panglunsod barangay officials in the
district;
iv. Municipal - punong barangay and (sg) barangay
members;
majority of the PRA members shall convene in session
in a public place;
recall of the officials concerned shall be validly initiated
through a resolution adopted by a majority of all the
PRA members concerned
b. by the Registered Voters (RV) in the province, city,
municipality or barangay (LGU) concerned - at least 25% of
the total number of RV in the LGU concerned during the
election in which the local official sought to be recalled was
elected;
i. written petition filed with the COMELEC in the presence
of the representative of the petitioner and a
representative of the official sought to be recalled, and
in a public place of the LGU;
ii. COMELEC shall cause the publication of the petition in a
public and conspicuous place for a period of not less
than 10 days nor more than 20 days
iii. upon lapse of the said period, COMELEC shall announce
the acceptance of candidates and shall prepare the list
of candidates which shall include the name of the
official sought to be recalled
3. Election on Recall COMELEC shall set the date of the election on
recall:
a. for barangay, city or municipal officials not later than 30
days after the filing of the resolution or petition;
b. for provincial officials - not later than 45 days after the filing
of the resolution or petition;
4. Effectivity of Recall only upon the election and proclamation of
a successor in the person of the candidate receiving the highest
number of votes cast during the election on recall.
Should the official sought to be recalled receive the highest
number of votes, confidence in him is thereby affirmed, and
he shall continue in office.
ELECTION LAW
I. SUFFRAGE
right to vote in election of officers chosen by people and in the
determination of questions submitted to people. It includes:
1. election;
2. plebiscite;
3. initiative; and
4. referendum.
 Election means by which people choose their officials for a
definite and fixed period and to whom they entrust for time being
the exercise of powers of government.
Kinds:
1. Regular election one provided by law for election of
officers either nationwide or in certain subdivisions thereof,
after expiration of full term of former members; and
2. Special election one held to fill vacancy in office before
expiration of full term for which incumbent was elected.
Failure of Elections there are only 3 instances
where a failure of elections may be declared, namely:
a. The election in any polling place has not been held on
the date fixed on account of force majeure, violence,
terrorism, fraud, or other analogous causes;
b. The election in any polling place had been suspended
before the hour fixed by law for the closing of the
voting on account of force majeure, violence, terrorism,
fraud, or other analogous causes; and
c. After the voting and during the preparation and
transmission of the election returns or in the custody or
canvass thereof such election results in a failure to
elect on account of force majeure, violence, terrorism,
fraud or other analogous causes. (Joseph Peter Sison v.
COMELEC, G.R. No. 134096, March 3, 1999)
The causes for the declaration of a failure of election
may occur before or after the casting of votes or on the
day of the election. (Sec. 4, R.A. 7166)
The COMELEC shall call for the holding or continuation
of the election on a date reasonably close to the date of
the election not held, suspended, or which resulted in a
failure to elect but not later than 30 days after the
cessation of the cause of such suspension or failure to
elect. (Sec. 6, B.P. 881)
Postponement of Elections - An election may be
postponed by the COMELEC either motu proprio or upon a
verified petition by any interested party when there is
violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure, or other analogous
cause of such a nature that the holding of a free, orderly and
honest election becomes impossible in any political
subdivision. (Sec. 5, B.P. 881)
The COMELEC shall call for the holding of the election on
a date reasonably close to the date of the election not
held, suspended, or which resulted in a failure to elect
but not later than 30 days after the cessation of the
cause for such postponement or suspension of the
election or failure to elect. (Sec. 5, B.P. 881)
Qualification for Suffrage:
1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of place where he proposes to vote for at least 6
months; and
5. Not otherwise disqualified by law.
Disqualification:
1. person convicted by final judgment to suffer imprisonment for not
less than 1 year, unless pardoned or granted amnesty; but right
reacquired upon expiration of 5 years after service of sentence;
2. person adjudged by final judgment of having committed any
crime involving disloyalty to government or any crime against
national security; but right is reacquired upon expiration of 5
years after service of sentence; and
3. insane or incompetent persons as declared by competent
authority (Sec. 118, OEC).
II. POLITICAL PARTY
organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and
which, as the most immediate means of securing their adoption,
regularly nominates and supports certain of its leaders and
members as candidate in public office. (Bayan Muna v. Comelec,
GR No. 147613, June 28, 2001)
To acquire juridical personality and to entitle it to rights and
privileges granted to political parties, it must be registered with
COMELEC.
Groups Disqualified for Registration:
1. religious denominations or sects;
2. those who seek to achieve their goals through violence or
unlawful means;
3. those who refuse to uphold and adhere to Constitution; and
4. those supported by foreign governments.
Grounds for Cancellation of
Registration:
1. accepting financial contributions from foreign governments or
their agencies; and
2. failure to obtain at least 10% of votes casts in constituency where
party fielded candidates.
Party System a free and open party system shall be allowed to
evolve according to free choice of people.
26
no votes cast in favor of political party, organization or
coalition shall be valid except for those registered under the
party-list system provided in the Constitution;
political parties registered under party-list system shall be
entitled to appoint poll watchers in accordance with law; and
part-list representatives shall constitute 20% of total
number of representatives in the House.
Guidelines for screening party-list participants
1. The political party, sector, organization or coalition must
represent the marginalized and underrepresented groups
identified in Sec. 5 of RA 7941. Majority of its member-ship
should belong to the marginalized and underrepresented;
2. While even major political parties are expressly allowed by RA
7941 and the Constitution, they must comply with the declared
statutory policy of Filipino citizens belonging to marginalized and
under-represented sectors to be elected to the House of
Representatives. Thus, they must show that they represent the
interest of the marginalized and underrepresented.
3. That religious sector may not be represented in the party-list
system; except that priests, imam or pastors may be elected
should they represent not their religious sect but the indigenous
community sector;
4. A party or an organization must not be disqualified under Sec. 6,
RA 7941 as follows:
a. it is a religious sect or denomination, organization or
association organized for religious purposes;
b. it advocates violence or unlawful means to seek its goals;
c. it is a foreign party or organization;
d. it is receiving support from any foreign government, foreign
political party, foundation, organization, whether directly or
through any of its officers or members or indirectly through
third parties for partisan election purposes;
e. it violates or fails to comply with laws, rules or regulation
relating to elections;
f. it declares untruthful statements in its petition;
g. it has ceased to exist for at least one (1) year; or
h. it fails to participate in the last two (2) preceding elections
or fails to obtain at least two per centum (2%) of the votes
cast under the party-list system in two (2) preceding
elections for the constituency in which it has registered.
5. the party or organization must not be an adjunct of, or a project
organized or an entity funded or assisted by, the government.
6. the party, including its nominees must comply with the
qualification requirements of section 9, RA 7941 as follows: No
person shall be nominated as party-list representative unless he
is: (a) natural-born citizen of the Philippines; (b) a registered
voter; (c) a resident of the Philippines for a period of not less
than one year immediately preceding the day of the election; (d)
able to read and write; (e) a bona fide member of the party or
organization which he seeks to represent for at least 90 days
preceding the day of the election; and (f) at least 25 years of age
on the day of the election. In case of a nominee of the youth
sector, he must at least be twenty five (25) but not more than
thirty (30) years of age on the day of the election. Any youth
sectoral representative who attains the age of thirty (30) during
his term shall be allowed to continue in office until the expiration
of his terms;
7. not only the candidate party or organization must represent
marginalized and underrepresented sectors, so also must its
nominees;
8. while lacking the a well-defined political constituency, the
nominee must likewise be able to contribute to the formation and
enactment of appropriate legislation that will benefit the nation as
a whole. (Ang Bagong Bayani-OFW Labor Party, v. COMELEC, GR
No. 147589, June 26, 2001).
III. DISQUALIFICATION OF
CANDIDATES:
1. declared as incompetent or insane by competent authority;
2. convicted by final judgment for subversion, insurrection, rebellion
or any offense for which he has been sentenced to a penalty of
18 months imprisonment;
3. convicted by final judgment for crime involving moral turpitude;
4. any person who is permanent resident of or immigrant to a
foreign country; and
5. one who has violated provisions on:
a. campaign period;
b. removal, destruction of lawful election propaganda;
c. prohibited forms of propaganda;
d. regulation of propaganda through mass media; and
e. election offenses.
Nuisance Candidate
COMELEC may motu propio or upon petition of interested party,
refuse to give due course to or cancel certificate of candidacy if shown
that said certificate was filed:
1. to put election process in mockery or disrepute;
2. to cause confusion among voters by similarity of names of
registered candidates;
3. by other circumstances or acts which demonstrate that a candidate
has no bona fide intention to run for office for which certificate has
been filed, and thus prevent a faithful determination of true will of
electorate.
 3. Election returns were prepared under duress, threat, coercion, or
IV. FAIR ELECTIONS ACT OF 2001 (RA 9006) intimidation, or they are obviously manufactured or not
authentic; and
Lawful election Propaganda (sec. 3): 4. When substitute of fraudulent returns in controverted polling
places were canvassed, the results of which materially affected
1. Written/Printed Materials (does not exceed 8 in. width by 14 the standing of the aggrieved candidate/s.
in. length)
2. Handwritten/printed letters VI. ELECTION CONTESTS
3. Posters (not exceeding 2 x 3 ft.)
3 by 8 ft. allowed in announcing, at the site and on the Nature special summary proceeding object of which is to
occasion of a public meeting or rally, may be displayed expedite settlement of controversies between candidates as to
5 days before the date of rally but shall be removed who received majority of legal votes.
within 24 hours after said rally.
4. Print Ads
Purpose to ascertain true will of people and duly elected
page in broadsheets and page in tabloids thrice a officer, and this could be achieved by throwing wide open the
week per newspaper, magazine or other publication appeal before the court.
during the campaign period
5. Broadcast Media (i.e. TV and Radio)
Contest any matter involving title or claim of title to an
elective office, made before or after proclamation of winner,
NATIONAL LOCAL whether or not contestant is claiming office in dispute.
POSITIONS POSITIONS
1. 120 minutes for 1. 60 minutes for TV
TV Election, Returns and qualification refers to all matters
affecting validity of the contestees title to the position.

2. 180 minutes for 3. 90 minutes for

Radio Radio
Election conduct of the polls, including the registration of
voters, holding of election campaign, and casting and
counting of votes.
Prohibited Campaign
1. Public exhibition of movie, cinematograph or documentary Returns include the canvass of returns and proclamation
portraying the life or biography of a candidate during campaign of winners, together with questions concerning composition
period; of Board of Canvassers and authenticity of election returns.
2. Public exhibition of a movie, cinematograph or documentary
portrayed by an actor or media personality who is himself a Qualifications matter which could be raised in a quo
candidate; warranto proceedings against the proclaimed winner, such
3. Use of airtime for campaign of a media practitioner who is an as his disloyalty to the Republic or his ineligibility or
official of a party or a member of the campaign staff of a inadequacy of his certificate of candidacy.
candidate or political party;
Original Exclusive Jurisdiction Over Election Contests
Limitation on Expenses: 1. President and Vice-President - Supreme Court en banc
1. for candidates: 2. Senator - Senate Electoral Tribunal
President and Vice President = P10/voter;
3.
4.
Representative - HR Electoral Tribunal
Regional/Provincial/City - COMELEC
Other candidates, if with party = P3/voter; 5. Municipal - RTC
6. Barangay - MTC
Other candidates, if without party = P5/voter.
2. for political parties = P5/voter Appellate Jurisdiction:
1. For decisions of RTC and MTC
Statement of Contribution and Expenses
every candidate and treasurer of political party shall, within 30
appeal to COMELEC whose decision shall be final and
executory;
days after day of election, file offices of COMELEC the full, true 2. For decisions of COMELEC
and itemized statement of all contribution and expenditures in
connection with election. petition for review on Certiorari with SC within 30 days from
receipt of decision on ground of grave abuse of discretion
Election Survey amounting to lack or excess of jurisdiction or violation of due
process;
The SC held that Sec. 5.4 of the Fair Election Act prohibiting 3. For decisions of Electoral Tribunal
publication of survey results 15 days immediately preceding a
national election and 7 days before a local election violates the petition for review on Certiorari with SC on ground of grave
constitutional rights of speech, expression, and the press abuse of discretion amounting to lack or excess of
because: jurisdiction or violation of due process.
1. it imposes a prior restraint on the freedom of expression; Actions Which May Be Filed:
1. Election Protest
2. It is a direct and total suppression of a category of
May be filed by any candidate who has filed a certificate of
expression even though such suppression is only for a
candidacy and has been voted upon for the same officer;
limited period; and
Grounds:
3. the governmental interest sought to be promoted can be a. fraud;
achieved by means other than the suppression of freedom of b. terrorism;
expression. (Social Weather Station v. Comelec, G.R. No. c. irregularities; or
147571 May 5, 2001) d. illegal acts

Substituted and Substitute Candidate committed before, during, or after casting and counting of
votes
In case of valid substitutions after the officials ballots have been Time to file: within 10 days from proclamation of results of
printed, the votes cast for the substituted candidates shall be election.
considered as stray votes but shall not invalidate the whole
ballot. For this purpose, the official ballots shall provide for 2. Quo warranto
spaces where the voters may write the name of the substitute Filed by any registered voter in the constituency
candidates if they are voting for the latter: Provided, however, Grounds:
That if the substitute candidate is of the same family name, this a. ineligibility; or
provision shall not apply.(Sec.12) b. disloyalty to Republic.
Time to file: within 10 days from proclamation of results of
V. PRE-PROCLAMATION election.
CONTROVERSY
Any question pertaining to or affecting proceedings of Board of
Canvassers which may be raised by any candidate or by a QUO WARRANTO QUO WARRANTO
registered political party or coalition of political parties before the IN ELECTIVE IN APPOINTIVE OFFICE
board or directly with COMELEC or any matter raised under Secs. OFFICE
233, 234, 235, and 236, in relation to preparation, transmission,
receipt, custody and appreciation of election returns.
1. determination is 1. determination is legality
Issues which may be raised in a Pre-Proclamation Controversy: eligibility of candidate- of appointment
1. Illegal composition or proceedings of the board of Canvassers; elect
2. Canvassed election returns are incomplete, contain material
defects, appears to be tampered with or falsified; or contain
discrepancies in the same returns or in other authentic copies
thereof as mentioned in Sec. 233,234,235 and 236 of BP 881;

27
 2. when person elected is 2.
declared ineligible,
court cannot declare 2nd
placer as elected, even
if eligible
court may determine as 2. Municipal corporation body politic and corporate constituted by
to who among the incorporation of inhabitants of city or town purposes of local
parties has legal title to government thereof or as agency of State to assist in civil
office government of the country.
3. Quasi-public corporation private corporation that renders public
service or supplies public wants.

PUBLIC PRIVATE
CORPORATION CORPORATION
LAW ON PUBLIC CORPORATIONS

I. LOCAL GOVERNMENT CODE OF 1991 (R.A. 7160) 1. established for purposes 1. created for private aim,
of administration of civil and gain or benefit of members
Effectivity: January 1, 1992 local governments

Scope of Application of Local

Government Code: 2. creation of State either 2. created by will of
by special or general act incorporators with
Applicable to: recognizance of State
1. all provinces,
2. cities,
3. involuntary consequence 3. voluntary agreement by
3. municipalities,
legislation and among members
4. barangays;
5. and other political subdivisions as may be created by law;
and
6. to the extent provided in the Local Government Code:
III. DE FACTO MUNICIPAL
a. to officials, CORPORATION
b. offices, or
Requisites:
c. agencies of the National Government.
1. valid law authorizing incorporation;
2. attempt in good faith to organize under it;
Local Autonomy in its constitutional sense, to polarize LGUs 3. colorable compliance with law; and
from over dependence on central government and do not make 4. assumption of corporate powers.
LGUs mini-republics or imperium in imperia.
IV. TERRITORIAL AND POLITICAL
Decentralization of Administration central government SUBDIVISIONS ENJOYING
LOCAL AUTONOMY:
delegates administrative powers to political subdivisions in order
to broaden base of government power and in process make LGUs
more responsive and accountable and ensure their fullest 1. Province cluster of municipalities, or municipalities and
development as self-reliant communities and make them effective component cities, and serves as dynamic mechanism for
partners in the pursuit of national development and social developmental processes and effective governance of LGUs
progress. within its territorial jurisdiction.

2. City composed of more urbanized and developed barangays,

Decentralization of Power involves abdication of political serves as a general purpose government for coordination and
power in favor of LGUs declared autonomous.(Limbona v. delivery of basic, regular and direct services and effective
Mengelin, 170 SCRA 786). governance of inhabitants within its territorial jurisdiction;

Devolution act by which national government confers power
and authority upon various LGUs to perform specific functions
and responsibilities.[Sec.17(e), par.2, LGC].
Declaration of Policy:
1. Territorial and subdivisions of State shall enjoy genuine and
meaningful local autonomy to enable them to attain fullest
development and make them more effective partners in attaining
national goals;
2. Ensure accountability of LGUs through institution of effective
mechanisms of recall, initiative and referendum; and
3. Require all national agencies and offices to conduct periodic
consultations with appropriate LGUs, NGOs and Peoples
Organizations and other concerned sector of community before
any project or program is implemented in their respective
jurisdictions.
3. Municipality consisting of group of barangays, serves primarily
as a general purpose government for coordination and delivery of
basic, regular and direct services and effective governance of
inhabitants within its territorial jurisdiction;
4. Barangay basic political unit which serves as primary planning
and implementing unit of government policies, plans, programs,
projects and activities in community, and as a forum wherein
collective views of people may be expressed, crystalized and
considered and where disputes may be amicably settled;
5. Autonomous Regions created for decentralization of
administration or decentralization of government; and
6. Special metropolitan political subdivisions created for sole
purpose of coordination of delivery of basic services.

Rules on Interpretation: Creation of Municipal Corporations

1. provision on power: liberally interpreted in favor of LGU; in case
of doubt, resolved in favor of devolution of powers;
2. ordinance or revenue measure: construed strictly against LGU
enacting it and liberally in favor of tax payer;
3. tax exemptions, incentive or relief granted by LGU: construed
against person claiming;
4. general welfare provisions: liberally interpreted to give more
powers to LGUs in accelerating economic development and
upgrading quality of life for people in community;
5. rights and obligations existing on date of effectivity of LGC of
1991 and arising out of contracts or any other source of
prestation involving LGU, shall be governed by original terms and
conditions of said contracts or law in force at time such rights
were vested; and
6. resolution of controversies arising under LGC of 1991 where no
legal provision or jurisprudence applies, resort may be had to
customs and traditions in place where controversies take place.
II. PUBLIC CORPORATION
one formed and organized for the government of a portion of the
State.
Elements of Public Corporation:
1. legal creation or incorporation;
2. corporate name;
3. inhabitants; and
4. territory.
Classes of Corporation:
1. Quasi-corporation public corporations created as agencies of
State for narrow and limited purposes.
1. For province, city or municipalty, only by Act of Congress;
2. For barangays, ordinance passed by respective Sanggunian
Plebiscite Requirement approved by a majority of the votes cast
in a plebiscite called for the purpose in the political unit/s directly
affected (Sec. 10, R.A. 7160)
Based on verifiable indicators of viability and projected capacity
to provide services (Sec. 7, R.A. 7160) [Note: see Annex C]
Beginning of Corporate Existence
upon election and qualification of its chief executive and majority
of members of its Sanggunian, unless some other time is fixed
therefor by law or ordinance creating it.
Mode of Inquiry to Legal Existence of LGU: Quo warranto
which is reserved to State or other direct proceedings
Abolition of LGU:
When income, population, or land area of LGU has been reduced
to less than minimum standards prescribed for its creation. The
law or ordinance abolishing LGU shall specify the province, city,
municipality or barangay with which LGU sought to be abolished
will be incorporated or merged.
Division and Merger of LGUs
shall comply with same requirements, provided:
1. shall not reduce income, population or land area of LGU
concerned to less than the minimum requirements prescribed;

28
2. income classification of original LGU shall not fall below its current e. In case entered into by local chief executive on behalf of
income classification prior to division; LGU, prior authorization by Sanggunian concerned is
needed
3. Plebiscite be held in LGUs affected.
6. to exercise such other powers as granted to corporation, subject
4. Assets and liabilities of creation shall be equitably distributed to limitations provided in Local Government Code of 1991 and
between the LGUs affected and new LGU. When municipal district other laws.
of other territorial divisions is converted or fused into a
municipality all property rights vested in original territorial VI. MUNICIPAL LIABILITY:
organization shall become vested in government of municipality.
Rule: Local government units and their officials are not exempt
V. POWERS OF LGUs from liability for death or injury to persons or damage to property
(Sec. 24, R.A. 7160)
Classification of Powers of Local Government Units 1. Statutory provisions on liability:
1. Express, implied and inherent; a. Art. 2189, Civil Code defective condition of roads, streets,
2. Public or governmental, private or proprietary; bridges, public buildings, and other public works;
3. Intramural and extramural; and b. Art. 2180(6th par.), Civil Code acts through a special
4. Mandatory and directory; ministerial and discretionary. agent;
d. Art. 34, Civil Code failure or refusal of a member of the
Governmental Powers of LGU: police force to render aid and protection in case of danger to
1. General Welfare (Sec. 16, R.A. 7160) statutory grant of police life and property
power to LGUs. It is limited to: 2. for Tort depends if engaged in:
a. territoriality; a. governmental functions not liable;
b. equal protection clause; b. proprietary functions liable
c. due process clause; and 3. for Violation of Law
d. must not be contrary to law. 4. for Contracts if contract is:
a. intra vires liable;
2. Delivery of basic services and facilities (Sec. 17, of R.A. 7160); b. ultra vires not liable

3. Power to generate and apply resources (Sec. 18, of R.A. 7160);

Doctrine of Implied Municipal Liability a municipality
may become obligated upon an implied contract to pay the
reasonable value of the benefits accepted or appropriated by
4. Eminent Domain (Sec. 19, of R.A. 7160); it as to which it has the general power to contract (Province
Additional Limitations for Exercise by LGU: of Cebu v. IAC, 147 SCRA 447); the doctrine applies to all
a. exercise by local chief executive pursuant to an ordinance; cases where money or other property of a party is received
b. for public use, purpose or welfare for benefit of poor and under such circumstances that the general law, independent
landless; of an express contract, implies an obligation to do justice
c. payment of just compensation; and with respect to the same (Nachura, Reviewer in Political
d. only after valid and definite offer had been made to, and not Law, p. 431)
accepted by owner.(Municipality of Paraaque v. V.M. Realty
Corp., 292 SCRA 678) VII. QUALIFICATION OF ELECTIVE
LOCAL OFFICIALS:
5. Reclassification of Lands (Sec. 20 of RA 7160) 1. citizen of the Philippines;
Limited by following percentage of total agricultural land area: 2. registered voter of barangay, municipality, city, province, or
a. for HUC and independent component cities: 15%; district wher he intends to be elected;
b. for component cities and 1st to 3rd class municipalities: 10% 3. resident therein for at least 1 year preceding election;
; and 4. able to read and write Filipino or local language or dialect; and
c. for 4th to 6th class municipalities: 5%. 5. age:
a. 23 years of age Governor, Vice Governor, Board Member,
6. Closure and opening of roads (Sec. 21 of RA 7160) Mayor, Vice Mayor or Member of City Council for HUCs.
In case of permanent closure: b. 21 years of age Mayor or Vice Mayor of ICCs, component
a. adequate provision for public safety must be made; and cities or municipalities;
b. may be properly used or conveyed for any purpose for c. 18 years of age members of ICC or component city or
which other real property may be lawfully used or municipal council or punong barangay or member of
conveyed; provided no freedom park be permanently closed barangay council;
without provisions or transfer to new site. d. at least 15 but not 21 years of age candidate for
sanggunian kabataan.
7. Local legislative power (Secs. 48-59 of RA 7160) (Sec. 39, RA 7160)
Approval of ordinances:
a. local chief executive with his signature on each and every Disqualification of Elective Local Official:
page; 1. sentenced by final judgment for offense involving moral turpitude
b. if local chief executive vetoes the same, may be overridden or punishable by 1 year or more of imprisonment within 2 after
by 2/3 vote of all sanggunian members; service of sentence;
(i) grounds for veto: ordinance is ultra vires or 2. those removed from office due to administrative cases;
prejudicial to public welfare; 3. those convicted by final judgment for violating oath of allegiance
(ii) local chief executive may veto particular item/s of to the Republic;
appropriation ordinance, adoption of local 4. those with dual citizenship;
development plan and public investment plan, or 5. fugitives from justice in criminal or non-political cases here or
ordinance directing payment of money or creating abroad;
liability; and 6. permanent resident in foreign country; and
(iii) local chief executive may veto an ordinance only 7. insane or feeble-minded.(Sec.40, RA.7160)
once;
c. veto communicated to sanggunian within 15 days for VIII. MANNER OF ELECTION
province and 10 days for city or municipality. 1. Elected at large
a. Governor; Vice Governor;
Requisites for validity: b. City or municipal mayor; City or municipal vice-mayor;
a. must not contravene the Constitution and any statute; c. Punong barangay,
b. must not be unfair or oppressive;
c. must not be partial or discriminatory;
d. SK chairman, elected by voters of Katipunan ng Kabataan
2. Elected by District
d. must not prohibit, but may regulate trade;
a. regular members of Sanggunian
e. must not be unreasonable; and
b. ex-officio members of Sanggunian
f. must be general in application and consistent with public
policy. (i.) panlalawigan
president of leagues of sanggunian members of
component cities and municipalities; and
Barangay Chairman has no veto power. president of liga ng mga barangay and pederasyon
ng mga sanggunian kabataan
(ii.) panlunsod
Corporate Powers of LGU: president of liga ng mga barangay and the
1. to have continuous succession in its corporate name; pederasyon ng mga SB
2. to sue and be sued; (iii.) bayan
3. to have and use a corporate seal; president of liga ng mga barangay and the
4. to acquire and convey real or personal property; pederasyon ng mga sanggunian kabataan
5. power to enter into contracts;
Requisites of valid municipal contracts: 3. Sectoral representatives women, worker, urban poor, and other
a. LGU has express, implied, or inherent power to enter into sectors allowed by law.
a particular contract;
b. Entered into by proper department, board, committee, or Date of Election : Every 3 years on 2nd Monday of May, unless
agent; otherwise provided by law.
c. Must comply with substantive requirements;
d. Must comply with formal requirements; and

29
 Term of Office ; 3 years starting from noon of June 30 next pronouncements
following the election or such date as may be provided by law,
except that of elective barangay officials, for maximum of 3 4. Resolved thru state- 4. Redressed thru local
consecutive terms in same position. to-state transactions administrative and
judicial processes

IX. GROUNDS FOR DISCIPLINARY 5. Collective 5. Breach of which entails

ACTIONS: responsibility bec. it individual responsibility
1. disloyalty to the Republic; attaches directly to
2. culpable violation of the Constitution; the state and not to
3. dishonesty, oppression, misconduct in office, gross negligence or its nationals
dereliction of duty;
4. commission of offense involving moral turpitude or offense
punishable by at least prision mayor;
5. abuse of authority; Doctrine of incorporation international law are adopted as
6. unauthorized absence for 15 consecutive working days except part of a states municipal law, by a general provision or clause
sanggunian members; usually in its Constitution. (Sec. 2, Art. II, 1987 Constitution)
7. application for, acquisition of , foreign citizenship or residence or

8.
status of an immigrant of another country; and
such other grounds as may be provided in EC and other laws
Doctrine of transformation requires the enactment by the
legislative body of such international law principles as are sought
to be part of municipal law.
Under Sec. 60 of RA 7160 an elective local official may be
removed from office on the grounds enumerated above by
order of the proper court only (Salalima vs Guingona, 257
SCRA 55) II. SUBJECTS OF INTERNATIONAL
LAW:
entity that has rights and responsibilities under international law
PUBLIC and having capacity to maintain its rights by bringing
INTERNATIONAL LAW international claims, includes:

I. PUBLIC INTERNATIONAL LAW 1. States, independent and dependent;

Law that deals with the conduct of States and international 2. Colonies and dependencies;
organizations, their relations with each other and, in certain 3. Mandates and trust territories;
circumstances, their relations with persons, natural or juridical 4. The Vatican;
(American Third Restatement) 5. The United Nations;
6. Belligerent Communities;
Main Divisions: 7. International administrative Bodies; and
8. Individuals, to a certain extent.
1. Laws of Peace;
2. Laws of War; Belligerent Community group of rebels under an organized
3. Laws of Neutrality. civil government who have taken up arms against legitimate
government. When recognized, considered as a separate state
Basis of International Law for purposes of conflict and entitled to all rights and subjected to
1. Law of Nature School based on rules of conduct discoverable all obligations of a full-pledged belligerent under laws of war.
by every individual in his own conscience and through application
of right reasons. United Nations international organization created at San
Francisco Conference held in the US from April 25 to June 26,
2. Positivist School agreement of sovereign states to be bound 1945. UN succeeded the League of Nations and is governed by a
by it (express in conventional law, implied in customary law, and charter that came into force on October 24, 1945.
presumed in general principles).
Principal Purposes of UN
3. Eclectic or Groatian School a compromise between the first 2 1. Maintain international peace and security;
schools and submits that international law is binding partly 2. Develop friendly relations among nations;
because it is good and right and partly because states agreed to 3. Achieve international cooperation: and
be bound by it. 4. Center for harmonizing actions of nations for attainment of
these common goals.

Sources of Public International Law: Qualifications for Membership:

1. Primary 1. must be state;
a. INTERNATIONAL TREATIES AND CONVENTIONS;
(i) law-making treaty (traite-loi);
2. must be peace loving;
(ii) contract treaty (traite-contract). 3. must accept obligations of member-states contained in
Charter; and
b. INTERNATIONAL CUSTOMS;
Requisites: 4. must be able and willing to carry out such obligation.
(i)Prevailing practice by a number of states;
(ii)repeated over a considerable period of time and;
(iii)attended by opinio juris or sense of legal obligation
c. GENERAL PRINCIPLE OF LAW. Principal Organs of UN:
1. General Assembly central organ where all members are
2. Subsidiary represented. Classification of functions: deliberative,
a. JUDICIAL DECISIONS; supervisory, financial, elective, constituent.
b. WRITINGS OF PUBLICISTS; and 2. Security Council organ responsible for maintenance of
c. ADVISORY OPINIONS OF THE ICJ. peace and security, undertake preventive and
enforcement actions.
Functions of International Law: 3. Economic and Social Council exerts efforts towards
1. promote international peace and security; higher standards of living, solutions of international
2. foster friendly relations among nations and discourage use of economic, social, health and related problems, universal
force in resolution of difference among them; respect for and observance of human rights and
3. provide for orderly regulation of conduct of states in their mutual fundamental freedoms.
dealings; and 4. Trusteeship Council organ charged with administration
4. ensure international cooperation in pursuit of certain common of International Trusteeship System (idle council);
purposes of economic, social, cultural, or humanitarian character. 5. International Court of Justice judicial organ of UN; World
Court governed by Statute which is annexed to and made
INTERNATIONAL LAW MUNICIPAL part of UN charter;
LAW Jurisdiction: decide issues referred to it
1. Law of coordination 1. Law of subordination (consensual).
(issued by political a. interpretation of treaty;
superior) b. question of international law;

2. Regulates relation of 2. Regulates relations of c. existence of fact constituting a breach of

states and other individuals among international obligation;
international themselves or with d. nature or extent of the reparation to be made
persons their own states for the breach of an international obligation.
6. Secretariat chief administrative organ of UN.
3. Derived principally 3. Consists mainly of
from treaties, statutory enactments, State a group of people, living together in a fixed territory,
international and to lesser extent organized for political ends under an independent government
customs and general executive orders and
principles of law judicial

30
 and capable of entering into international relations with other
states Requisites for recognition de jure:
1. Government is stable and effective;
Creation of State:
I 1.by peaceful acquisition of Independence (Philippines) ;
2. No substantial resistance to its authority;
R 2. by Revolution (USA); 3. The government must show willingness and ability to discharge
U 3. by Unification of several states (Italy); its international obligations;
S 4.by Secession (Bangladesh); 4. The government must enjoy popular consent or approval of the
A 5.by Agreement (Netherlands); and people.
A 6.by Attainment of civilization (Japan).
(Key : RUSIA2) absence of one recognition de facto

Extinction of State:
A 1. Overthrow of government resulting in anarchy;
E 2.Emigration en masse of its population;
A 3. Annexation;
M 4. Merger or unification;
D 5. Dismemberment;
D 6. Dissolution of federal union; and RECOGNITION RECOGNITION
P 7.Partial loss of independence DE JURE DE FACTO
(Key : MA2D2EP)
1. Relatively permanent 1. Provisional (duration of
Principle of State Continuity the state contiues as a juristic armed struggle)
being notwithstanding changes in its circumstances provided only
that such change do not result in the loss of any of its essential 2. vests title to 2. does NOT vest title to
elements properties of properties of
government abroad government abroad
III RECOGNITION
act by which a state acknowledges existence of another state,
government or belligerent community and indicates its willingness
3. brings about full 3. limited to certain
to deal with the entity as such under rules of international law.
diplomatic relations juridical relations
Theories:
1. Declaratory merely affirms an existing fact like the possession
by the state of the essential elements. Discretionary and political;
IV. FUNDAMENTAL RIGHTS OF
2. Constitutive - it is the act of recognition that constitutes the STATES
entity into an international person. Compulsory and legal; may E 1. Existence and self-defense;
be compelled once the elements of a state are established. I 2. Sovereignty and Independence;
E 3. Equality;
Objects: T 4. Territorial Integrity and jurisdiction;
1. State generally held to be irrevocable and imports the L 5. Legation or diplomatic intercourse
recognition of its govt. (Key : TILE2)
2. Government may be withdrawn and does not necessarily signify
the existence of a state, as the government may be that of a
mere colony. A. RIGHT TO EXISTENCE AND SELF- DEFENSE
most comprehensive as all other rights of state flow from it;
3. Belligerent community rebels are accorded international state may take measures including use of force as may be
personality only in connection with the hostilities they are waging. necessary to counteract any danger to its existence.

Kinds:
1. express or implied; and
Aggression use of armed force by a state against sovereignty,
territorial integrity or political independence of another state or in
2. conditional or permanent other manner inconsistent with the UN charter.

Effects of Recognition of a State or Government: Requisites for Proper Exercise of Right of Self-defense:
1. Diplomatic relations; 1. armed attack;
2. Right to sue in courts of recognizing state; 2. self-defensive action taken by attacked state must be reported
immediately to Security Council; and
3. Right to possession of properties of predecessor on the
3. such action shall not in any way affect right of Security Council to
reorganizing state.
take at any time action as it deems necessary to maintain or
4. All acts of the recognized state or government are validated restore international peace and security.
retroactively, preventing the recognizing state from passing upon
their legality in its own courts. B. RIGHT OF SOVEREIGNTY AND INDEPENDENCE

Conditions for Recognition of Belligerency: Sovereignty totality of the powers, legal competence, and
1. organized civil government; privileges arising from customary international law, and not
2. rebels occupy a substantial portion of territory; dependent on the consent of another state

3. conflict is serious and outcome is uncertain; Independence means freedom from control by other state or
4. rebels are willing to observe the laws of war. group of states and not freedom from the restrictions that are
absence of one state of insurgency
binding on all states forming the family of nations; carries with it
by necessary implication the correlative duty of non-intervention

Effects of Recognition of Belligerency:
1. Responsibility for acts of rebels resulting to injury to nationals of
recognizing state shall be shifted to rebel government;
2. The legitimate government recognizing the rebels as belligerents
shall observe laws/customs of war in conducting hostilities;
3. Third states recognizing belligerency should maintain neutrality;
4. Recognition is only provisional and only for purposes of hostilities.
Wilson/Tobar Doctrine precludes recognition of government
established by revolution, civil war, coup detat or other forms of
internal violence until the freely elected representatives of people
have organized a constitutional government (Ecuadorian Foreign
Minister Tobar and US Pres. Woodrow Wilson)
Stimson Doctrine precludes recognition of any government
established as result of external aggression (US Sec of State
Henry Lewis Stimson)
Estrada Doctrine dealing or not dealing with the government
established through a political upheaval is not a judgment on the
legitimacy of the said government (Mexican Minister Genaro
Estrada)
C. RIGHT OF EQUALITY
every state is entitled to same protection and respect as are
available to other state under rules of international law.
D. RIGHT TO TERRITORIAL INTEGRITY AND JURISDICTION
Components of the Territory of A State:
1. Terrestrial land mass on which the inhabitants live;
2. Maritime and Fluvial
a. internal or national waters bodies of water within the land
mass, among them are:
(i) rivers which may be (a) national; (b) boundary; (c)
international
(iA) Thalweg Doctrine for boundary rivers, in the
absence of an agreement between the riparian
states, the boundary line is laid on the middle of
the main navigable channel.
(iB) Middle of the Bridge Doctrine where there is a
bridge over a boundary river, the boundary line is
middle or center of the bridge.
(ii) bays and gulfs
(iii) strait
b. Archipelagic waters
ARCHIPELAGO DOCTRINE The waters around, between
and connecting the islands of the archipelago regardless of

31
 their breadth and dimensions are to be treated as internal 4. Upon request by the US, Phil authorities may waive primary
waters jurisdiction over offenses committed by US personnel except
Two kinds of archipelago: cases of particular importance to the Philippines such as
1. coastal situated close to a mainland and may be violations of the Heinous Crimes Act, Anti-Drugs Law, Anti-Child
considered a part thereof; e.g. Loften Islands, Norway. Abuse Law.
2. mid-ocean situated in the ocean at such distance
Doctrine of Hot Pursuit
from the coasts of firm land. e.g. Indonesia.
Requisites:
c. Territorial sea 1. Pursuit commence from internal water, territorial sea or
contiguous zone of pursuing state;
d. Submarine area 2. Continuous and unabated;
3. Conducted by warship, military aircraft, government ships
3. Aerial domain authorized for the purpose;

MODES OF ACQUIRING LOSS

4. Ceases as soon as the ship being pursued enters the territorial
sea of its own, or of a third, state.
TERRITORY OF
TERRITORY
E. RIGHT OF LEGATION
1. Discovery and 1. Dereliction right of state to maintain diplomatic relations with other states
occupation Governed by the Vienna Convention on Diplomatic Relations
(1961)
2. Cession 2. Cession
Active right of legation send diplomatic representatives
Passive right of legation receive diplomatic
3. Accretion 3. Conquest
representatives
4. Prescription 4. Erosion, or other natural Agents of Diplomatic Intercourse:
causes 1. head of state;
2. foreign secretary of minister; or
5. Conquest and 5. Prescription
3. members of diplomatic service.
subjugation
Functions of Diplomatic Missions:
1. representing sending state in receiving state;
Bases of Jurisdiction: 2. protecting in receiving state interests of sending state and its
1. Territorial principle vests jurisdiction in state where offense was nationals;
committed (Art. 14, NCC); 3. negotiating with government of receiving state;
2. Nationality principle vest jurisdiction in state of offender (Art. 4. promoting friendly relations between sending and receiving states
15, NCC, tax laws); and developing their economic, cultural and scientific relations;
5. ascertaining by all lawful means conditions and developments in
3. Protective principle vest jurisdiction in state whose national
receiving state and reporting thereon to government of sending
interests is injured or national security compromised
state; and
(counterfeiting, treason, espionage);
6. in some cases, representing friendly governments at their
4. Passive personality principle vests jurisdiction in state of request.
offended party.
5. Universality principle vest jurisdiction in state which has Agreation process in appointment of diplomatic envoy. Where
custody of offender of universal crimes (piracy, genocide); states resort to an informal inquiry (enquiry) as to the
acceptability of a particular envoy, to which the receiving state
Genocide acts committed with intent to destroy, in whole and responds with an informal conformity (agrement).
in part a national, ethnic, racial, or religious group by:
1. killing members of the group; Letre de Creance(Letter of Credence) with the name, rank
2. deliberately inflicting on group conditions of life calculated to and general character of his mission, and a request for favorable
bring about its physical destruction in whole or in part; reception and full credence.
3. imposing measures intended to prevent births within the
group; Kinds of Consuls
4. causing serious bodily or mental harm to members of the 1. consules missi professional or career consuls who are nationals
group; and of sending state and are required to devote their full-time to
5. forcibly transferring children of the group to another . discharge their duties; and

Five Air of Freedoms for Scheduled International Services: 2. consules electi may or not be nationals of sending state and
perform consular functions only in addition to their regular
1. freedom to fly across foreign territory without landing;
callings.
2. freedom to land for non-traffic purposes;
Ranks:
3. freedom to put down traffic originating in state of aircraft;
1. consul-general heads several consular districts, or one
4. freedom to embark traffic destined for state of aircraft; and
exceptionally large consular district;
5. freedom to embark traffic destined for, or to put down traffic
coming from, third state. 2. consul takes charge of a small district or town or port;
3. vice-consul assists the consul; and
4. consular agent usually entrusted with the performance of
Exemptions from Jurisdiction:
cerain functions by the consul.
1. Doctrine of State Immunity;
2. Act of State Doctrine court of one state will not sit in judgment
Privileges and Immunities Accorded to Diplomatic Envoy:
over acts of government of another state done in its territory.
P 1. Inviolability of premises and archives;
3. Diplomatic Immunity;
C 2. Right of official communications;
4. Immunity of UN Specialized agencies, other International
L 3. Exemption from local jurisdiction;
Organizations, and its Officers;
I 4. Personal inviolability;
5. Foreign Merchant vessels exercising the right of innocent
S 5. Exemption from subpoena; and
passage;
T 6. Exemption from taxation/custom duties.
6. Foreign armies passing through or stationed in the territory with
(Key: PCLIST)
the permission of the State;
7. Warships and other public vessels of another State operated for
Exterritoriality exception of persons and property from local
non-commercial purposes.
jurisdiction on basis of international customs.
Rules on Jurisdiction Under the Visiting Forces Agreement
V. TREATY
1. Exclusive jurisdiction over US personnel
An international agreement concluded between states in written
a. Offenses punishable under Phil laws but not under US laws
form and governed by international law whether embodied in a
Philippine
single instrument or in two or more related instruments (Vienna
b. Offenses punishable under US laws but not under Phil laws -
Convention on the Law of Treaties, 1969)
US
2. Concurrent jurisdiction - Phil authorities shall have primary right
Requisites:
to exercise jurisdiction over all offenses committed by US
C 1. Entered into by parties having treaty-making capacity;
personnel except:
A 2. Through their authorized organs or representatives;
a. violations of US military laws;
D 3. Without attendance of duress, fraud, mistake or other
b. Offenses punishable under US laws but not under Phil laws;
vices of consent;
c. Offenses solely against the property or security of the US or
S 4. Lawful subject matter and object; and
against the property or person of US personnel;
d. Offenses arising out of any act or omission done in R 5. Ratification in accordance with their respective
constitutional processes.
performance of official duty.
(KEY: SCRAD)
*in a, b, c, & d above, the US Military authorities have primary
jurisdiction.
Effect of Unwritten Treaty
3. The authorities of either government may request the authorities
of the other government to waive the primary right to exercise 1. has legal force;
jurisdiction in a particular case. 2. convention rules on matters governed by international law
independently of convention shall apply;

32
3. convention rules apply to the relations of states as between
themselves under international agreement with other subjects as Treatment of Stateless Individual
parties.

Steps in Treaty-making Process:

international conventions provide that stateless individuals are to
be treated more or less like the subjects of a foreign state.
1. Negotiation;
2. Signature; Reintegration recovery of nationality by individuals who are
natural born citizens of a state, but who lost their nationality.
3. Ratification;
4. Exchange of instruments of ratification; and VII . TREATMENT OF ALIENS
5. Registration with UN. Flowing from its right to existence and as an attribute of
sovereignty, no State is under obligation to admit aliens. The
Doctrine of Unequal Treaties treaties which have been State can determine in what cases and under what conditions it
imposed in an unequal character, are void. may admit aliens

Jus Cogens customary international law that has attained the
status of a peremptory norm, accepted and recognized by the
international community of states as a rule from which no
derogation is permitted and can be modified only by a
subsequent norm having the same character. e.g customs out-
lawing slave trade, genocide, terrorism,etc.
A.
Concordat a treaty or agreement between ecclesiastical and
civil powers to regulate the relations between the church and the
state in those matters which, in some respect are under the
jurisdiction of both.
Pacta Sunt Servanda Every treaty in force is binding upon
the parties to it and must be performed by them in good faith.
(Art. 26, Vienna Convention on the Law of Treaties).
Rebus Sic Stantibus legal principle which would justify non-
performance of treaty obligations where an unforeseen or
substantial changes occur which would render one of the parties
thereto unable to undertake treaty obligations as stipulated
therein.
Deportation expulsion of an alien considered undesirable by
local state, usually but not necessarily to his own state.
Reconduction -- forcible conveying of aliens back to their home
state without any formalities
Doctrine of State Responsibility -- state may be held liable for
injuries and damages sustained by the alien while in the territory
of the state provided:
1. the act or omission constitutes an international delinquency;
2. the act or omission is directly or indirectly imputable to the
State;
3. injury to the claimant State indirectly because of damage to
its national.
Direct State Responsibility where the international
delinquency was committed by superior government officials
or organs like the chief of state or the national legislature,
liability will attach immediately as their acts may not be
effectively prevented or reversed under the constitution or
laws of the state.

Most Favored Nation Clause pledge made by a contracting Indirect State Responsibility where the offense is
party to a treaty to grant to other party treatment not less committed by inferior government official or by private
favorable than that which had been given or may be granted to individuals, the state will be held liable only if, by reason of
the most favored among parties. its indifference in preventing or punishing it, it can be
considered to have connived in effect in its commission.
Interpretation of Treaties
1. Founding Father Test; International Standard of Justice the standard of the
2. Literal or textual; reasonable state that is, as referring to the ordinary norms
3. Teleological aims and objects school of official conduct observed in civilized jurisdiction; thus, to
constitute an international delinquency, the treatment of an
Termination of Treaty: alien should amount to an outrage, bad faith, willful neglect
1. expiration of term; of duty, and insufficiency of governmental action that every
2. accomplishment of purpose; reasonable and impartial man would readily recognize its
insufficiency.
3. impossibility of performance;
4. loss of subject matter; Calvo Clause provision frequently inserted in contracts
5. novation; where nationals of another state renounce any claim upon
6. desistance of parties; his national state for protection.

7. extinction of one of parties, if treaty is bipartite;
8. occurrence of vital change of circumstance;
9. outbreak of war; and
10. voidance of treaty.
KEY: NEW DEVIL (made) VITAL
ACCOMPLISHMENT
Protocol de cloture an instrument which records the winding
up of the proceedings of a diplomatic conference and usually
includes a reproduction of the texts of treaties, conventions,
recommendations and other acts agreed upon and signed by the
plenipotentiaries attending the conference. It is not the treaty
itself and does not require the concurrence of the Senate.
(Taada v. Angara, 272 SCRA 18).
But such waiver can be legally made only by aliens
state.
B. Refugees
Requisites:
1. Those who are outside the country of his nationality or if
stateless, outside the country of his habitual residence;
2. Lacks national protection, and;
3. Fears persecution.
Non-refoulement prohibits a state to return or expel refugee
to the territory where he escaped because his life or freedom is
threatened. The state is under obligation to grant temporary
asylum. (Refugee Convention of 1951)

TREATY EXECUTIVE AGREEMENT Diplomatic Asylum refuge in diplomatic premises

Political Asylum -- refuge in another state for political offense,

1. Basic political issues ; 1. adjustment of details danger to life, no assurance of due process.
changes of national carrying out
policies established national
policies C. Extradition
surrender of a fugitive by one state to another where he is
2. permanent 2. temporary
wanted for prosecution or, if already convicted, for punishment.
international arrangements
Surrender is made at request of latter state on basis of
agreements extradition treaty.

General Principles:
VI . NATIONALITY AND STATELESSNESS 1. Based on consent expressed through treaties
2. SPECIALTY- a fugitive who is extradited may be tried only
Doctrine of Effective Nationality expressed in Art.5 of the
for the crime specified in the request for extradition and
included in the list of offenses in the treaty.
Hague Convention of 1930 on the Conflict of Nationality Laws that
3. NON-LIST TYPE OF TREATY- offenses punishable under the
states that within a third State a person having more than one
laws of both states by imprisonment of one year or more
nationality shall be treated as if he had only one either the
are included among the extraditable offenses.
nationality of the country in which he is habitually and principally
4. Any person may be extradited; he need not be a citizen of
resident or the nationality of the country with which in the
the requesting State
circumstances he appears to be in fact most closely connected.
5. Political or religious offenders are generally not subject to
(Frivaldo v. Comelec, 174 SCRA 245)
extradition
Attentat Clause assassination of head of state
Statelessness condition or status of individual who is born
or any member of his family is not regarded as
without any nationality or who loses his nationality without
political offense for purposes of extradition. Also
retaining or acquiring another.
for the crime of genocide.

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 6. offense must have been committed within the territory IX. WAR
or against the interest of the demanding State armed contention between public forces of states or other
7. double criminality -- act for which the extradition is belligerent communities implying employment of force between
sought must be punishable in both States parties for purpose of imposing their respective demands upon
each other.
Procedure for Extradition (Judicial and diplomatic process
of request and surrender) PD 1069 Basic Principles of War:
1. Request through diplomatic representative with: 1. Principle of Military necessity belligerents may employ any
a. decision of conviction; amount and kind of force to compel complete submission of
b. criminal charge and warrant of arrest; enemy with least possible loss of lives, time and money;
c. recital of facts; 2. Principle of Humanity prohibits use of any measure that is not
d. text of applicable law designating the offense; absolutely necessary for purposes of war; and
e. pertinent papers; 3. Principle of Chivalry basis of such rules as those that require
2. DFA forwards request to DOJ; belligerents to give proper warning before launching a
3. DOJ files petition for extradition with RTC; bombardment or prohibit use of perfidy (treachery) in conduct of
4. RTC issues summons or warrant of arrest to compel the hostilities.
appearance of the individual;
5. hearing (provide counsel de officio if necessary); Participants in War:
6. appeal to CA within ten days whose decision shall be 1. Combatants
final and executory;
7. Decision forwarded to DFA through the DOJ; a. non-privileged;
8. Individual placed at the disposal of the authorities of b. privileged.
requesting state costs and expenses to be shouldered 2. Spies;
by requesting state.
A state may not compel another state to extradite a criminal
3. Mercenaries.
without going through the legal processes provided in the laws of
Rights of a Prisoner of War:
the former.
1. To be treated humanely;
Due process requirement complied at the RTC level upon
2. Not subject to torture;
filing of petition for extradition. No need to notify the
person subject of the extradition process when the 3. Allowed to communicate with their families;
application is still with the DFA or DOJ 4. Receive food, clothing, religious articles, medicine;
Extradition is not a criminal proceeding which will call into 5. bare minimum of information;
operation all the rights of an accused provided in the bill of 6. keep personal belongings
rights
7. proper burial;
For the provisional arrest of an accused to continue, the 8. group according to nationality;
formal request for extradition is not required to be filed in
court it only needs to be received by the requested state
9. establishment of an information bureau;
in accordance with PD 1069 10. repatriation for sick and wounded (1949 Geneva Convention)

Termination of War:
VIII . INTERNATIONAL DISPUTE 1. simple cessation of hostilities;
actual disagreement between states regarding conduct to be 2. conclusion of a negotiated treaty of peace; and
taken by one of them for protection or vindication of interest of 3. defeat of one of belligerents.
other.
Art. 33 of the UN Charter provides that the parties to any dispute
shall first seek a solution through pacific or amicable methods X. NEUTRALITY
condition of state that does not take part, directly or indirectly in
Amicable Methods of Settling Disputes: war between other states.
N 1. Negotiation
E 2. Enquiry NEUTRALITY NEUTRALIZATION
G 3. Tender of Good offices
1. dependent on attitude 1. result of treaty
M 4. Mediation
of neutral state, which wherein duration and
C 5. Conciliation other conditions are
A 6. Arbitration is free to join either of
belligerents any time agreed upon by
J 7. Judicial settlement; and
it sees fit neutralized state and
R 8. Resort to regional and international organizations.
other states
(KEY: JC MARGEN)

2. governed by laws of 2. governed by

Hostile methods:
nations neutralization
S 1. Severance of dipomatic relations;
agreement
I 2. Intervention;
3. obtains only during 3. intended to operate in
R 3. Reprisal;
R 4. Retorsion. war peace and in war
(KEY: SIR2) 4. only states may 4. applicable to portion
become neutral of state
Intervention act by which state interferes with domestic or
foreign affairs of another state through the use of force or threat Angary belligerent may upon payment of just compensation,
of force. seize, use or destroy, in case of urgent necessity for purposes of
offense or defense neutral property found in its territory, in
When Intervention is Sanctioned: enemy territory or on high seas.
1. as an act of self-defense;
2. when decreed by the Security Council as a preventive or
enforcement action for the maintenance of international
peace and security;
3. when such action is agreed upon in a treaty; or
4. when requested from fellow states or from the United
Nations by the parties to a dispute or a state beset by
rebellion.

Drago Doctrine intervention not allowed for purpose of

making state pay its public debts.

Retorsion retaliation where acts complained of do not

constitute legal ground of offense but are rather in nature of
unfriendly acts done in pursuance of legitimate state interest but
indirectly hurtful to other states.

Reprisal unlawful acts taken by one state in retaliation for also

unlawful acts of another state, purpose being to bring offending
state to terms. Includes:
1. Display of force;
2. Pacific blockade;
3. Occupation of territory; and
4. Suspension of treaties;
5. Embargo detention by state seeking redress of vessels of
offending state or its nationals, whether such vessels are
found in territory of former or in the highseas.

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