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EXAMINATIONS 2017
LAST MINUTE TIPS
Political Law


OPERATIVE FACT DOCTRINE

League of Cities of the Philippines vs. COMELEC (2010)

CONCEPT: As a rule, an unconstitutional rule produces no effects. The Operative

Fact Doctrine is the exception. The law is recognized as unconstitutional
but the effects of the unconstitutional law, prior to its declaration of
nullity, may be left undisturbed as a matter of equity and fair play.

APPLICATION: The Cityhood Laws remain unconstitutional because they violate

Section 10, Article X of the Constitution. (No city shall be created
except in accordance with the criteria established in the local
government code.) However, the effects of the implementation of the
Cityhood laws prior to the declaration of their nullity, such as the
payments of salaries and supplies by the new cities or their issuance of
licenses or execution of contracts, may be recognized as valid and
effective.

INCOMPATIBLE OFFICE VS. FORBIDDEN OFFICE

INCOMPATIBLE OFFICE FORBIDDEN OFFICE
No legislator is allowed to hold office or No member of Congress shall be
positions in any government agency, appointed to any office in the government
including GOCCs without forfeiting his that has been created or the emoluments
seat in Congress. thereof have been increased during his
term.

REMEMBER:
1. What is not allowed is the WHY:
simultaneous holding of a seat in Some legislators who no longer wants to
Congress and another government run for public office might create or
post. improve lucrative government positions
2. No resolution is necessary to declare all at the expense of public good.
the legislative post as vacant in the
event of simultaneous holding of
positions.

CONSTITUTIONAL AMENDMENTS

CURRENT EVENTS: President Duterte stated that the Commission on Human Rights
(CHR) is better abolished. It appears that he can only by amending
the Constitution.

CONCEPT: There are 3 ways to propose amendments: (1) By Congress – ¾ of
all its members; (2) Constitutional Convention – 2/3 of all its
members; (3) People through initiative.

REMEMBER ALSO: The CHR has the following functions (3 out of 11):
1. Investigate all forms of human rights violations involving civil
and political rights.
2. Provide preventive measures and legal aid services to the
underprivileged whose human rights have been violated or need
protection.
3. Recommend to Congress effective measures to promote human
rights.

ARCHIPELAGIC DOCTRINE

CURRENT EVENTS: The Philippines won its arbitration case vs. China over South China
Sea (West Philippine Sea).

CONCEPT: The United Nations Conventions on the Law of the Sea (UNCLOS) is
now widely regarded as the Constitution for the Oceans and Seas
(SC Associate Justice Antonio Carpio). The Archipelagic Doctrine of
UNCLOS now regards an archipelago as a single unit.

APPLICATION: There was no legal basis for China to claim historic rights to
resources within the sea areas falling within the nine-dash line.
Certain sea areas are within the exclusive economic zone of the
Philippines.

SOVEREIGN IMMUNITY

CONCEPT: The state may not be sued without its consent (Section 3, Article XVI
of the Constitution). It is clear then that the State may be sued with
its consent, either expressly (general or special law) or impliedly
(when the State commences litigation). This is also applicable to
complaints filed against officials of the state for acts performed by
them in the discharge of their duties.

RULE MAKING POWERS OF THE SC

CURRENT EVENTS: The SC just issued the “Community Legal Aid Service Rule.”

CONCEPT: Under the Constitution, the Supreme Court shall have the power to
promulgate rules concerning pleading, practice, and procedure in
all courts, and the admission to the practice of law.

REMEMBER ALSO: (Legal Basis of the new rule issued) The legal profession is imbued
with public interest. As such, lawyers are charged with the duty to
give meaning to the guarantee of access to adequate legal assistance
under Article III, Section 11 of the Constitution.

DANGEROUS DRUGS ACT – PLEA BARGAINING

CURRENT EVENTS: The SC has struck down as unconstitutional a provision in the
Comprehensive Dangerous Drugs Act which prohibits plea
bargaining in drug-related cases.

RATIO: (1) Violation of the equal protection clause
(2) Contrary to the rule making authority of the Supreme Court

STANDARDS OF JUST COMPENSATION

Epza vs. Dulay (2007) – How to determine how much just compensation

The nature and character of the land at the time of its taking.

INQUIRY IN AID OF LEGISLATION – EXECUTIVE PRIVILEGE

CONCEPT: Under the Constitution, the Senate or the House of Representatives
or any of its respective Committees may conduct inquiries in aid of
legislation in accordance with its duly published rules of procedure.

REMEMBER: These are tools to improve existing laws, or enact new or remedial
legislation.

PRINCIPLE OF CHECKS AND BALANCES

CURRENT EVENTS: The House of Representatives held in contempt and ordered
detained six Ilocos Norte provincial officials and employees, but the
CA, responding to a petition for habeas corpus, ordered the release
of the six. Congress retaliated by issuing a show-cause order to CA.
CJ Sereno then called on the house to recall the show-cause order
issued to the CA. The house refused to comply.

CONCEPT: The principle of checks and balances somehow limits the power of
the other branches, e.g. veto power of the executive branch.
Separate branches are empowered to prevent actions by other
branches and are induced to share power.

NOTE: In Defensor-Santiago vs. Guingona (1998), the Court stated that
Constitutional respect and a becoming regard for the sovereign acts
of a co-equal branch prevent this court from prying into the internal
workings of the Senate.

*So basically if you’re up against this type of question, you can either
argue with checks and balances, or this case if it falls squarely on the
facts provided.

NOTE ALSO: Rep. Harry Roque, however, asserted Congress’ contempt powers
(separation of powers), and said that instead of a petition for a writ
of habeas corpus, the six officials should have filed a petition for
certiorari.

SUSPENSION OF WRIT OF HABEAS CORPUS – MARTIAL LAW

CURRENT EVENTS: President Duterte suspended the privilege of writ of habeas corpus
in Mindanao. This came a day after he declared Martial Law.

CONCEPT: Just like with declaring martial law, the Constitution states that the
privilege of the writ of habeas corpus may only be suspended for up
to 60 days in cases of invasion or rebellion and when public safety
requires it. Within 48 hours of suspending the privilege, the
President must submit a report (in person or in writing) to
Congress, which may revoke or extend the suspension. In addition,
the SC, may, upon the filing of any citizen, review the suspension.

REMEMBER: The writ of habeas corpus is a safeguard against warrantless arrests
and illegal detention.

REMEMBER ALSO: The Constitution provides that the right to bail shall remain even
when the privilege is suspended.

NON-DELEGATION OF POWERS – EXCEPTIONS

Chavez vs. NHA (2007)

When a general grant of power is conferred or duty enjoined, every particular power
necessary for the exercise of the one or the performance of the other is also conferred.

When the statute does not specify the particular method to be followed or used by a
government agency in the exercise of the power vested in it by law, said agency has the
authority to adopt any reasonable method to carry out its functions.

IRREPEALABLE LAWS – PROHIBITION

CONCEPT: Congress cannot pass irrepealable laws. Since Congress’ plenary, and
limited only by the Constitution, any attempt to limit the powers of future
Congresses via an irrepealable law is not allowed.

PARTY LIST ALLOCATION OF SEATS

CONCEPT: 3-stage formula from a 2009 decision penned by Justice Carpio:

(1) First seat is given to parties that obtained a minimum of 2 percent of
the total votes cast in a party-list election
(2) Parties then get one additional seat or two seats based on the allocation
of the remaining seats (The maximum seats a party-list can win is 3)
 (3) Third stage if there are still seats left from the party-list quota of 20
percent of all the seats in the House

APPROPRIATION LAW

CONCEPT: No law shall be passed authorizing any transfer of appropriations, but
Authority to augment (aka authority to use savings)– President, Senate
President, Speaker of the House of Representatives, the Chief Justice of the
Supreme Court, the Heads of Constitutional Commissions enjoying fiscal
autonomy, and the Ombudsman

FUND TRANSFERS

Sanchez vs. COA (2008)

CONCEPT: The Constitution authorizes the transfer of funds within the Office
of the President if made by the President for purposes of
augmenting an item in the Office of the President.

APPLICATION: In this case, it was not the President, but the Deputy Executive
Secretary who caused the transfers and the latter was not shown to
have been authorized by the President to do so.

CONGRESSIONAL VETO (MACALINTAL VS. COMELEC)

Dissenting Opinion of Justice Puno

CONCEPT: Power of Oversight – Concomitant with Congress’ power to legislate is the
auxiliary power to ensure that the laws it enacts are faithfully executed.
Congress exercises supervision over the executive agencies through its
veto power. These provisions require the President or an agency to present
the proposed regulations to Congress, which retains a right to approve or
disapprove any regulation before it takes effect.

PRESIDENTIAL ELECTORAL TRIBUNAL

CONCEPT: Only the candidate for President or Vice President who placed 2nd or 3rd in
the polls may contest the results before the PET within 30 days after the
proclamation of the winning candidate.

ONCE CHANCE OF PRESIDENCY

CONCEPT: Under the Constitution, the President shall be elected for a term of 6 years.
The President shall not be eligible for any re-election.

PRESIDENTIAL IMMUNITY FROM SUIT

CURRENT EVENTS: According to Dean Diokno, the doctrine of presidential immunity
from suit cannot be used as a shield to block a case like which is
really of historical and transcendental importance.

CONCEPT: (David vs. Macapagal, 2006) The SC explains the applicability of the
doctrine despite its textual absence in the Constitution: It will
degrade the dignity of the high office of the President, the Head of
State, if he can be dragged into court litigations while serving as
such.

NOTE: Thus, unseat the president and prosecute him when out of office
through impeachment.

NOTE ALSO: A crime imputed to a city mayor in relation to his or her office falls
within the primary jurisdiction of the Office of the Ombudsman to
investigate because the crime is cognizable by the Sandiganbayan.
The Ombudsman Act of 1989, however, bars the Ombudsman from
conducting an investigation against an impeachable official during
his or her tenure except for the purpose of impeachment.

APPOINTING AND ACTING CAPACITY – PROHIBITION ON MULTIPLE POSITIONS
RULE APPLIES

BERSAMIN CASE: Funa vs. Agra (2013)

CONCEPT: The Constitution expressly prohibits the President, VP, Members of
the Cabinet, and their deputies or assistants from holding any other
office or employment during their tenure unless otherwise
provided in the Constitution. This is complemented by another
provision, which bans any appointive official from holding any
other office or employment in the government or any
subdivision…unless otherwise allowed by law or the primary
functions of his position.

APPLICATION: The appointments being challenged were in acting or temporary
capacities. The designation of Agra as Acting Secretary of Justice
concurrently with his position of Acting Solicitor General was
unconstitutional and void for being in violation of the constitutional
prohibition.

Accordingly, he was not to be considered a de jure officer for the
entire period of his tenure as the Acting Secretary of Justice, but he
was a de facto officer during his tenure as Acting Secretary of
Justice.

MIDGNIGHT APPOINTMENT BAN NOT APPLICABLE TO SC JUSTICES

BERSAMIN CASE: The prohibition under the Constitution against presidential
appointments immediately before the next presidential elections
 and up to the end of the term of the President does not apply to
vacancies in the Supreme Court.

DECISION: The Court said that had the framers intended the prohibition to the
appointment of members of the Supreme Court, they could have
explicitly done so. The lack of any appointed occupant of the office
of the Chief Justice harms the independence of the Judiciary because
the Chief Justice is the head of the entire Judiciary.

BOARD OF DIRECTORS – QUALIFIED POLITICAL AGENCY

BERSAMIN CASE: The doctrine of qualified political agency could not be extended to
the acts of the Board of Directors despite some of its members being
themselves the appointees of the President to the Cabinet. Under
the circumstances, when the members of the BOD effected the
assailed reorganization, they were acting as the responsible
members of the BOD, not as the alter egos of the President.

PARDON: BODY PREVAILS

Vidal vs. COMELEC (2015)

From a detailed review of the four corners of the pardon, nothing gives an iota of
intimation that the third Whereas Clause is actually a limitation, proviso, stipulation or
condition on the grant of the pardon.

VINUYA VS. EXECUTIVE SECRETARY – DIPLOMATIC POWERS

DECISION: The Philippines is not under any international obligation to espouse
petitioners claims. Since the exercise of diplomatic protection is the right
of the State, reliance on the right is within the absolute discretion of states,
and the decision whether to exercise the discretion may invariably be
influenced by political considerations other than the legal merits of the
particular claim.

ALSO: The Philippines is not under a non-derogable obligation to prosecute
international crimes, particularly since petitioners do not demand the
imputation of individual criminal liability, but seek to recover monetary
reparations from the state of Japan.

FISCAL AUTONOMY OF THE SC

CONCEPT: Under the Constitution, the Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and, after approval,
shall be automatically and regularly released.

ROTATIONAL SCHEME IN CONSTITUTIONAL COMMISSIONS

CONCEPT: The terms of office and appointments of the first set of commissioners, or
the 7-5-3 termers of the Constitution had already expired. Hence, their
respective terms of office find relevancy for the most part only in
understanding the operation of the rotational plan.

IMPEACHABLE OFFICERS

REMEMBER: (SC DECISION) A deputy ombudsman and a Special Prosecutor are not
impeachable officers. HOWEVER, by providing for their removal from
office on the same grounds as removal by impeachment, the legislature
could not have intended to redefine constitutional standards of culpable
violation of the Constitution, treason, bribery, graft and corruption, other
high crimes, as well as betrayal of public trust.

CONDONATION DOCTRINE / ABANDONMENT

CONCEPT: Re-elected officials cannot be held administratively liable for offenses
during a previous term because their re-election meant their constituents
have already forgiven them for their offenses.

REMEMBER: Abandoned by an SC ruling, but clarified that its application was
prospective.

ENRILE DOCTRINE ON BAIL

BERSAMIN: Enrile’s poor health justifies his admission to bail. Granting provisional
liberty will then enable him to have his medical condition be properly
attended to by competent physicians in the hospital of his choice. This will
not only aid in his adequate preparation of his defense, but, more
importantly, guarantee his appearance in court for the trial.

IMMUNITY STATUTE RECONCILIATION

CONCEPT: Immunity in exchange for testimony.

WRIT OF AMPARO VS. HABEAS CORPUS

CONCEPT: Amparo means “protection”, while Habeas Corpus means “bring the body”


Prepared by: Atty. Marian Camille Chavez