SBU LAW 2019 - Pre Week - Political Law7978137755230428825

SAN BEDA UNIVERSITY
EXECUTIVE COMMITTEE
Over-all Chairperson Mary Cyriell C. Sumanqui
Chairperson for Academics Erica Mae C. Vista
Chairperson for Hotel Operations Ben Rei E. Barbero
Vice Chairperson for Secretariat Jhelsea Louise B. Dimaano
Vice Chairperson for Operations Earl Justin M. Yambao
Vice Chairperson for Finance Ma. Angelica B. De Leon
Vice Chairperson for Audit Arra Olmaya J. Badangan
Vice Chairperson for EDP Jordan N. Chavez
Vice Chairperson for Logistics Hanz Darryl D.Tiu
Vice Chairperson for Membership Dohn Alfred E. Aquilizan
SUBJECT COMMITTEE
Subject Chair for Political Law Cherish Kim B. Ferrer
Subject Chair for Labor Law Kristina D. Cabugao
Subject Chair for Civil Law Ma. Cristina D. Arroyo
Subject Chair for Taxation Law Maria Carissa C. Guinto
Subject Chair for Mercantile Law Dentzen S. Villegas
Subject Chair for Criminal Law Maria Regina C. Gameng
Subject Chair for Remedial Law Raymond F. Ramos
Subject Chair for Legal Ethics Rhev Xandra Acuña
LAYOUT AND CONTENT EDITORS

Roger P. Cuaresma Camille Victoria D. Dela Cruz
Gabrielle Anne S. Endona Nior Ditching
Joelle Mae J. Garcia Paulo O. Hernandez
Micah Regina A. Gonzales Zennia S. Turrecha
Nestor J. Porlucas, Jr.
SAN BEDA COLLEGE OF LAW

ADMINISTRATION
Dean Atty. Marciano G. Delson
Vice Dean Atty. Risel G. Castillo-Taleon
Prefect of Student Affairs Atty. Adonis V. Gabriel
Administrative Officer Atty. Francesca Lourdes M. Señga
Legal Aid Bureau Director Atty. Peter-Joey B. Usita
2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS CORE GROUP

Mary Camille Asi Castillo, Joanna Garcia Sarah C. Barcena, Edgar Paolo G. Gaid, Nior Ditching , Camille Victoria D. Dela
Cruz, Paulo O. Hernandez, Nestor J. Porlucas, Jr., Zennia S. Turrecha, Arcturus Viktor R. Palos, Jezzryl Blas P. Sualibio, Aiden
Cyrus S. Tinoco, Josiah C. Jimenez, Patricia Camille P. Sitchon, Giorgio Luigi T. Juaño, Zayrra Bernice L. Malto, Erin T.
Galvez, Marion Patricia L. Rodriguez, Christian Ernest C. Biagtan, Elizabeth Marino, Kenneth Aldwin M. Quejada, Aira
Marielle Geronimo, Ma. Consolada V. Ben, Raph Kevin L. Santos, Christine Grace S. Panahon, Cheyenne Hope Dumlao,
Corina R. Tampus, Marielle Cielo B. Belgira, Jericho L. Jamig, Katherine F. Dimayacyac, Lex Angelo A. Rosario, Alissa Marie
DC. Delos Santos, Angelee C. Inovejas, Antonio Jun-Jun C. Manaligod IV, Aifa Regine G. Pangilinan, Roger P. Cuaresma,
Gabrielle Anne S. Endona, Joelle Mae J. Garcia, Micah Regina A. Gonzales, Cayenne Mae G. Teodoro, Arvy Keith Chung,
Lorenzo Thaddeus Ruel D. Galandines, Eric Winson F. Cea, Mark Benedict S. Francisco, Paola Beatriz A. Escobar, Ronalyn
A. Gacula, Juan Iñigo S. Miguel, Christopher Angelo Y. Vaquilar
CHERISH KIM B. FERRER
Subject Chair
CHARLOTTE VINA S. CASINILLO

Assistant Subject Chair
ROEN G. MECANO
Subject Electronic Data Processing
SUBJECT HEADS
Constitutional Law I CHRISTIAN S. TADURAN
Constitutional Law II PATRICK RAY B. BALISI
Administrative Law and CHARLOTTE VINA S. CASINILLO
Law on Public Corporation
Election Law and Law on Public Officers FRANCIS ARTHUR A. CORPUZ
Public International Law GERANI D. MALIJAN
SUBJECT MEMBERS
AARON FRANZ SP. AURELIO FERDINAND ELBERT D. JOMILLA JR.
KARA VICTORIA CASES REGINA PURITA B. LAVARIAS
MARIA KATRINA L. DATUIN MARIA YSABELLA B. PALAMOS
JOHN LORENCE N. DE MESA JAIME NIKOLAI K. PAGGAO
MARIA ERICA L. DELA CRUZ ELLAINE ROSE S. TAN
FRANCES CAMILLE A. FRANCISCO
ADVISERS
Dean ED VINCENT S. ALBANO Atty. LAURIE A. PE
Atty. ADONIS V. GABRIEL Atty. EDWIN R. SANDOVAL
Atty. ROWELL D. ILAGAN
Page
Number
I. Preliminary Provisions and Basic Concepts
A. National Territory ............................................................................................................ 1
B. Declaration of Principles and State Policies ................................................................... 1
C. Separation of Powers ..................................................................................................... 1
D. State Immunity................................................................................................................. 2
II. Legislative Department
A. Legislative Power ........................................................................................................... 2
B. Houses of Congress; Composition and Qualification of Members ................................ 3
C. Privileges, Inhibitions, and Disqualifications .................................................................. 4
D. Process of Law-Making .................................................................................................. 5
E. Quorum and Voting Majorities ........................................................................................ 5
F. Appropriation and Re-Alignment .................................................................................... 5
G. Legislative Inquiries and Oversight Functions ............................................................... 6
H. Power of Impeachment .................................................................................................. 7
I. Electoral Tribunals .......................................................................................................... 7
III. Executive Department
A. Qualifications, Election, and Term of the President and Vice President ....................... 7
B. Privileges, Inhibitions, and Disqualifications .................................................................. 8
C. Powers of the President ................................................................................................. 8
D. Rules of Succession ........................................................................................................ 12
IV. Judicial Department
A. Judicial Power ................................................................................................................ 12
B. Judicial Review ............................................................................................................... 12
C. Safeguards of Judicial Independence ............................................................................ 14
D. Qualifications of Members of the Judiciary .................................................................... 15
E. Workings of the Supreme Court ..................................................................................... 15
V. Constitutional Commissions
A. Common Provisions ....................................................................................................... 16
B. Powers and Functions of CSC, COMELEC, and COA .................................................. 16
VI. Bill of Rights
A. Fundamental Powers of the State .................................................................................. 17
B. Private Acts and the Bill of Rights .................................................................................. 18
C. The Rights to Life, Liberty & Property ............................................................................ 18
D. Equal Protection .............................................................................................................. 19
E. Searches and Seizure .................................................................................................... 20
F. Privacy of Communication and Correspondence .......................................................... 22
G. Freedom of Speech and Expression .............................................................................. 23
H. Freedom of Religion ....................................................................................................... 26
I. Liberty of Abode & Right to Travel ................................................................................. 27
J. Right to Information ......................................................................................................... 28
K. Right of Association ........................................................................................................ 29
L. Eminent Domain ............................................................................................................. 29
M. Non-Impairment of Contracts ......................................................................................... 30
N. Free Access to the Courts .............................................................................................. 30
O. Custodial Investigation Rights ........................................................................................ 30
P. Rights of the Accused .................................................................................................... 31
Q. Right to the Speedy Disposition of Cases ...................................................................... 31
R. Right against Self-Incrimination ..................................................................................... 31
S. Right against Double Jeopardy ...................................................................................... 32
T. Involuntary Servitude ...................................................................................................... 33
U. Right against Excessive Fines, and Cruel and Inhuman Punishments ......................... 33
V. Non-Imprisonment for Debts ........................................................................................... 33
W. Ex Post Facto Laws and Bills of Attainder ..................................................................... 33
X. Writs of Habeas Corpus, Kalikasan, Habeas Data, and Amparo ................................... 34
iv |
VII. Citizenship
A. Who are Filipino Citizens ................................................................................................ 35
B. Modes of Acquiring Citizenship ...................................................................................... 35
C. Loss and Re-Acquisition of Philippine Citizenship .......................................................... 35
D. Dual Citizenship and Dual Allegiance ............................................................................ 36
E. Foundlings ...................................................................................................................... 36
VIII. Law on Public Officers
A. General Principles ........................................................................................................... 36
B. Modes of Acquiring Title to Public Office ....................................................................... 37
C. Kinds of Appointment ..................................................................................................... 37
D. Eligibility and Qualification Requirements ....................................................................... 37
E. Disabilities and Inhibitions of Public Officers ................................................................. 37
F. Rights and Liabilities of Public Officers .......................................................................... 38
G. De facto vs. De Jure Officers ......................................................................................... 39
H. Termination of Official Relation ...................................................................................... 39
I. The Civil Service.............................................................................................................. 40
J. Personnel Actions............................................................................................................ 41
K. Accountability of Public Officers ...................................................................................... 41
IX. ADMINISTRATIVE LAW
A. Powers of Administrative Agencies ................................................................................. 44
B. Doctrines of Primary Jurisdiction and Exhaustion of Administrative Remedies ............ 46
X. ELECTION LAW
A. Suffrage ........................................................................................................................... 46
B. Candidacy ....................................................................................................................... 48
C. Remedies and Jurisdiction .............................................................................................. 51
XI. LOCAL GOVERNMENTS
A. Principles of Local Autonomy .......................................................................................... 54
B. Autonomous Regions and their Relation to the National Government .......................... 54
C. Local Government Units ................................................................................................. 54
XII. National Economy and Patrimony
A. Regalian Doctrine ............................................................................................................ 60
B. Nationalist and Citizenship Requirement Provisions ...................................................... 61
C. Exploration, Development and Utilization of Natural Resources ................................... 61
D. Franchises, Authority, and Certificates for Public Utilities ............................................. 61
E. Acquisition, Ownership and Transfer of Public and Private Lands ................................. 62
F. Organization and Regulation of Corporations, Private and Public ................................. 62
XIII. SOCIAL JUSTICE AND HUMAN RIGHTS .......................................................................... 63
XIV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS ................... 63
XVI. AMENDMENTS AND REVISIONS
A. Procedure to Amend or Revise the Constitution ............................................................. 63
XVII. PUBLIC INTERNATIONAL LAW
A. Concepts ......................................................................................................................... 64
B. Relationship Between International and National Law ................................................... 65
C. Sources of Obligations in International Law ................................................................... 66
D. Subjects .......................................................................................................................... 67
E. Jurisdiction of States ...................................................................................................... 68
F. General Principles of Treaty Law ................................................................................... 69
G. Doctrine of State Responsibility ..................................................................................... 70
H. Refugees ......................................................................................................................... 70
I. Extradition ....................................................................................................................... 71
J. Basic Principles of International Humanitarian Law........................................................ 71
K. Law of The Sea .............................................................................................................. 72
L. Basic Principles of International Environmental Law ...................................................... 74
|v
THIS IS THE INTELLECTUAL PROPERTY OF THE
SAN BEDA UNIVERSITY COLLEGE OF LAW
CENTRALIZED BAR OPERATIONS.
THE UNAUTHORIZED COPYING, REPRODUCTION,

MODIFICATION OR DISTRIBUTION OF ANY OF THE
CONTENTS OF THIS BOOK IS
STRICTLY PROHIBITED.
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
1. Congress passed R.A. 9522. The said statute shortened the baseline, optimized the location of some
PROPERTY OF SAN BEDA UNIVERSITY
basepoints aroundCOLLEGE
the PhilippinePROPERTY OF SAN
archipelago, andBEDA UNIVERSITY
classified COLLEGE
the Kalayaan PROPERTY
Group of OF SAN
Islands and the BEDA UNIV
Scarborough Shoal as regimes of islands. This is to comply with UNCLOS III in which the Philippines
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
is a signatory. AAA’s group assails the constitutionality of RA 9522 for being unconstitutional for
reducing COLLEGE
the maritime territory, PROPERTY OF SAN
hence reducing theBEDA UNIVERSITY
reach COLLEGE
of Philippine PROPERTY
sovereign power. OF9522
Is RA SAN BEDA UNIV
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
unconstitutional? OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA UNIVERSITY COLLEGE RA PROPERTY
No, it is constitutional. OF SAN
9522 is a mere BEDAtool
statutory UNIVERSITY
to demarcateCOLLEGE
the country’sPROPERTY OF SAN
maritime zones BEDA UNIVERS
under
UNCLOS
LAW. NOT FOR SALE. DO NOTIIIREPRODUCE.
and not to delineate
OFPhilippine
LAW. NOT territory. This gives
FOR SALE. DO NOTnotice to the rest of the international
REPRODUCE. OF LAW. NOT community
FOR SALE. DO NOT
of the scope of maritime space within which the State exercises treaty-based rights. Moreover, classifying the
Kalayaan Group of Islands and Scarborough Shoal as regimes of islands is not contrary to the Philippines’
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
claim over said areas. The said areas are too far from the rest of the archipelago to be OFdelineated
LAW. NOTinside
FOR SALE.
the DO NOT
borderlines. To include these would be a violation of the provisions of UNCLOS III. Instead, they will be
RTY OF SAN BEDA UNIVERSITY COLLEGE
classified as PROPERTY
regimes of islands whichOF SAN
have BEDA
their ownUNIVERSITY COLLEGE
maritime zones (Magallona PROPERTY OF SAN
v. Ermita, G.R. BEDA UNIVERSITY C
No. 187167.
. NOT FOR SALE. DOAugust
NOT REPRODUCE.
16, 2011). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN2.BEDAAUNIVERSITY COLLEGE
pregnant woman PROPERTY
was involved in aOF SAN BEDA
vehicular UNIVERSITY
mishap which COLLEGE
endangered herPROPERTY
life andOF SAN
that of BEDA
the UNIVERSI
unborn child.
AW. NOT FOR SALE. DO NOT REPRODUCE.At the hospital, the attending doctor’s prognosis
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. was that the mother’s condition
OF LAW. NOT FOR SALE. DO NOT R
requires that a surgical operation be done immediately, but doing so would mean placing the unborn
PERTY OF SAN BEDAchild’s
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
life at risk. Thus, after careful deliberation, the doctor decided to wait until the condition of the
AW. NOT FOR SALE.mother
DO NOThasREPRODUCE.
stabilized before OFperforming
LAW. NOT theFORoperation.
SALE. DO NOT REPRODUCE.
Unfortunately, OFdied
the child LAW. NOTbefore
even FOR SALE.
the DO NOT R
operation could be done. The family of the mother now asks for your advice on the possible criminal
charges which PROPERTY
may be filed OFthe
against SAN BEDA as
doctor UNIVERSITY
the latter COLLEGE PROPERTY
is insisting that in such OF SAN doctors
cases, BEDA UNIVERSITY C
. NOT FOR SALE. DOcannot
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE.
pursue a course of action which would consciously put in peril the life of either the mother or DO NOT REPR
the unborn child.
RTY OF SAN BEDA UNIVERSITY COLLEGE Decide.PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE.
I would OF of
advise the family LAW. NOT FOR
the mother thatSALE. DO NOT
no criminal REPRODUCE.
charges OF LAW.
may be filed against theNOT FORUnder
doctor. SALE.the
DO NOT REPR
Principle of
RTY OF SAN BEDA UNIVERSITY Double Effect,
COLLEGE whenever
PROPERTY OFa SAN
conflict
BEDAsituation betweenCOLLEGE
UNIVERSITY the life of the PROPERTY
child and thatOFof theBEDA
SAN mother UNIVERSITY C
exists, the doctor is morally obliged to try to save both lives. If it is impossible, the doctor may act in favor of
. NOT FOR SALE. DOone,
NOTprovided
REPRODUCE.
that no direct harm is intended to the other. In this case, the doctor could not opt to conduct the NOT REPR
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO
operation on
RTY OF SAN BEDA UNIVERSITY the mother while
COLLEGE consciously
PROPERTY OF SANcausing
BEDAharm on the child.
UNIVERSITY The subsequent
COLLEGE loss ofOF
PROPERTY theSAN
child’s life in
BEDA UNIVERSITY C
. NOT FOR SALE. DOthis
NOT case is unavoidable and
REPRODUCE. OF aLAW.
consequence
NOT FORofSALE.the obligation to attempt to save both
DO NOT REPRODUCE. lives (Imbong
OF LAW. NOT FORv.SALE.
Ochoa, DO NOT REPR
G.R. No. 204819, April 8, 2014).
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
3. Discuss the precautionary principle.
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGEthe principle
In this jurisdiction, PROPERTY OF SAN BEDA
of precaution UNIVERSITY
appearing in the COLLEGE PROPERTY
Rules of Procedure OF SAN BEDA UNIVERSI
for Environmental
AW. NOT FOR SALE.Cases
DO NOT(A.M. No. 09-6-8-SC) involves
REPRODUCE. OF LAW. matters of evidence
NOT FOR SALE. DOin cases where there is lackOF
NOT REPRODUCE. of full
LAW. scientific
NOT FOR certainty
SALE. DO NOT R
in establishing a causal link between human activity and environmental effect. In such an event, the courts
may construe PROPERTY
a set of facts OF SAN
as warranting BEDA
either UNIVERSITY
judicial COLLEGE
action or inaction withPROPERTY
the goal ofOF SAN BEDA
preserving UNIVERSITY C
and
protecting the
. NOT FOR SALE. DO NOT REPRODUCE.environment.OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY
It is notable, therefore, that the precautionary principle shall only be relevant if there isOF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN BEDA of
concurrence UNIVERSITY C
. NOT FOR SALE. DOthree
NOTelements,
REPRODUCE. OF LAW. NOT
namely: uncertainty, FOR of
threat SALE. DO NOT REPRODUCE.
environmental OF LAW.
damage and serious NOT FOR SALE.
or irreversible DO NOT REPR
harm.
In situations where the threat is relatively certain, or that the causal link between an action and environmental
damage can COLLEGE PROPERTY
be established, or theOFprobability
SAN BEDAofUNIVERSITY
occurrence COLLEGE PROPERTY
can be calculated, only OF SAN BEDAnot
preventive, UNIVERSITY C
precautionary measures, OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
may be taken. Neither will the precautionary principle OF LAW. NOT FOR SALE. DO NOT REPR
apply if there is no indication
of a threat COLLEGE
RTY OF SAN BEDA UNIVERSITY of environmental harm; or ifOF
PROPERTY theSAN
threatened harm is trivial
BEDA UNIVERSITY or easily reversible
COLLEGE PROPERTY(Mosqueda
OF SANv.BEDA
Pilipino
UNIVERSITY C
Banana Growers & Exporters Association, Inc., G.R. No. 189185, August 16, 2016).
4. On February 25, 2019, as the nation celebrated the 33rd Anniversary of the EDSA People Power I,
PERTY OF SAN BEDAPresident
UNIVERSITY COLLEGE
X issued PROPERTY
Presidential OF SANNo.
Proclamation BEDA UNIVERSITY
1017, declaringCOLLEGE PROPERTY
a state of national OF SANthus:
emergency, BEDA UNIVERSI
I, President X, President of the Republic of the Philippines and Commander-in- Chief of the AFP, by
virtue of the PROPERTY
powers vested OF SAN
upon me BEDA
by Sec. 18,UNIVERSITY COLLEGE
Art. VII of the PROPERTY
Constitution OF SAN
which states BEDA
that: UNIVERSITY C
“The
. NOT FOR SALE. DOPresident.
NOT REPRODUCE.
. . whenever OF LAW. NOTnecessary,
it becomes FOR SALE. DO
. . NOT
. mayREPRODUCE. OF LAW.
call out (the) armed NOTtoFOR
forces SALE. or
prevent DO NOT REPR
suppress. . .rebellion.
RTY OF SAN BEDA UNIVERSITY COLLEGE . .,” and in my capacity as their Commander-in-Chief,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE do hereby command the
PROPERTY OF SAN BEDA UNIVERSITY C
1
PERTY OF SAN BEDAAFP, to maintain
UNIVERSITY law and order
COLLEGE throughout
PROPERTY OF SANtheBEDA
Philippines, prevent
UNIVERSITY or suppress
COLLEGE all formsOFofSAN
PROPERTY lawless
BEDA UNIVERSI
violence as well as any act of insurrection or rebellion and to enforce obedience to all the laws and to
AW. NOT FOR SALE.all
DOdecrees,
NOT REPRODUCE. OF LAW. NOT
orders and regulations FOR SALE.by
promulgated DOmeNOTpersonally
REPRODUCE.or uponOFmyLAW. NOT FOR
direction; andSALE.
as DO NOT R
PERTY OF SAN BEDAprovided
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF
in Sec. 17, Art. XII of the Constitution do hereby declare a State of National Emergency.SAN BEDA UNIVERSI
Discuss the proclamation’s constitutional infirmity.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
PP 1017 is unconstitutional as it violates of the doctrine of separation of powers. Sec. 1 of Art. VI of the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
Constitution provides that legislative power shall be vested in the Congress of the Philippines. The President
PROPERTY OF SAN BEDA
cannot issue Presidential Decrees, which are laws that were of the same category and binding force asOF
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN BEDA UNIVE
statutes
OF LAW. NOT FOR SALE. DOthe
during NOT REPRODUCE.
period of Martial Law OFunder
LAW. NOT FOR SALE.
the 1973 DO NOTInREPRODUCE.
Constitution. OF LAW.PP
this case, the assailed NOT FORisSALE. DO NO
1017
unconstitutional insofar as it grants President X the authority to promulgate “decrees.” Neither Martial Law nor
PERTY OF SAN BEDAaUNIVERSITY COLLEGE
state of rebellion nor a statePROPERTY OF SAN
of emergency BEDA President
can justify UNIVERSITY
X’s COLLEGE PROPERTY
exercise of legislative OFby
power SAN BEDA UNIVERSI
issuing
AW. NOT FOR SALE.decrees
DO NOT(David v. Arroyo, G.R.
REPRODUCE. OFNo. 171396,
LAW. NOT May
FOR 3, 2006).
SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN5.BEDAWhat
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
are the two instances when there is a violation of separation of powers?
PROPERTY OF SAN BEDA UNIVERSI
Broadly speaking, there is a violation of the separation of powers principle when one branch of government
TY OF SAN BEDA UNIVERSITY COLLEGE on the
unduly encroaches PROPERTY
domain OF SAN BEDA
of another. USUNIVERSITY
Supreme CourtCOLLEGE
decisions PROPERTY
instruct thatOFthe
SAN BEDA UNIVERSITY
principle of CO
NOT FOR SALE. DO separation
NOT REPRODUCE.
of powers mayOF beLAW. NOT
violated in FOR SALE.
two (2) DOfirstly,
ways: NOT REPRODUCE. OF LAW.
"one branch may interfere NOT FOR SALE.
impermissibly DO NOT REPRO
with the
other’s performance
TY OF SAN BEDA UNIVERSITY COLLEGE of itsPROPERTY
constitutionally
OF SANassigned function"; andCOLLEGE
BEDA UNIVERSITY "alternatively,PROPERTY
the doctrineOF
may beBEDA
SAN violated
UNIVERSITY CO
when one branch assumes a function that more properly is entrusted to another." In other words, there is a
NOT FOR SALE. DO violation
NOT REPRODUCE.
of the principle when there is impermissible (a) interference with and/or (b) assumption of another NOT REPRO
PERTY OF SAN BEDA department‘s functions (Belgica v. Ochoa, G.R. No. 208566, November 19, 2013).
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR 6.
SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF sand
A collision occurred involving a passenger jeepney driven by Billy, a gravel and LAW.truck
NOT FOR SALE.
driven by DO NOT RE
Jose and a dump truck of the Municipality of X and driven by Alfred. Several passengers of the jeepney
TY OF SAN BEDA UNIVERSITY
suffered COLLEGE PROPERTY
varying degrees OF SAN
of physical BEDA AUNIVERSITY
injuries. complaint COLLEGE
for damages PROPERTY OF SAN BEDA
against Municipality UNIVERSITY CO
X and
NOT FOR SALE. DO Alfred.
NOT REPRODUCE.
Municipality X OF LAW.the
raised NOT FOR SALE.defense
affirmative DO NOTof
REPRODUCE.
non-suability ofOF LAW.
the NOTThe
State. FORcharter
SALE. DO
of NOT REPRO
Municipality
TY OF SAN BEDA UNIVERSITY X grants the
COLLEGE latter theOF
PROPERTY power to sueUNIVERSITY
SAN BEDA and be sued. Is that considered
COLLEGE a waiver
PROPERTY OF SANto BEDA
the non-
UNIVERSITY CO
suability of Municipality X?
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
Yes, COLLEGE
TY OF SAN BEDA UNIVERSITY the power granted under the
PROPERTY OF charter
SAN BEDA of Municipality
UNIVERSITYXCOLLEGE
to sue and bePROPERTY
sued is a waiver
OF SANofBEDA
from UNIVERSITY
its CO
immunity from sui. The doctrine of non-suability of the State is expressly provided for in Art. XVI, Sec. 3 of the
NOT FOR SALE. DO Constitution,
to wit: "the State may not be sued without its consent." Consent takes the form of express or DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE
implied consent. ExpressPROPERTY OFbe
consent may SAN BEDA UNIVERSITY
embodied in a general COLLEGE
law or a specialPROPERTY OF SAN
law. Municipal BEDA UNIVERSITY CO
corporations,
like provinces
NOT FOR SALE. DO NOT REPRODUCE. and cities, are agencies of the State when they
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. are engaged inOF LAW. NOT FOR SALE.and
governmental functions DO NOT REPRO
therefore should enjoy the sovereign immunity from suit. Nevertheless, they are subject to suit even in the
PERTY OF SAN BEDA performance of such functions
UNIVERSITY COLLEGE because
PROPERTY OFtheir
SAN charter provided that
BEDA UNIVERSITY they can sue
COLLEGE and be sued.
PROPERTY OF SANHence,
BEDA UNIVERSIT
Municipality X may be sued because its charter says so (Municipality of San Fernando v. Firme, G.R. No.
AW. NOT FOR SALE. DO NOT REPRODUCE.
52179, April 8, 1991).
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
Note: In the case
AW. NOT FOR SALE. DO NOT REPRODUCE. of Leonardia vs. Phuture Visions Co., Inc., (G.R.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. No. 190289, January 17, NOT
OF LAW. 2018,FOR
Covered
SALE. DO NOT RE
Case), the Supreme Court held that while the authority of city mayors to issue or grant licenses and business
permits isCOLLEGE
granted by the PROPERTY OF SANCode,
Local Government BEDAwhich
UNIVERSITY COLLEGE
also vests PROPERTY
LGUs with corporate OF SAN
powers, oneBEDA UNIVERSITY CO
of which
is the power to
NOT FOR SALE. DO NOT REPRODUCE. sue and be sued, the power to issue or grant licenses
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and business permits is not an exercise
OF LAW. NOT FOR SALE. DO NOT REPRO
of the government's proprietary function. Instead, it is in an exercise of the police power of the State, ergo a
governmental PROPERTY
act. No consent to beOFsued
SANand
BEDA beUNIVERSITY COLLEGE
liable for damages PROPERTY
can thus OFfrom
be implied SAN the
BEDA UNIVERSITY CO
mere
NOT FOR SALE. DO conferment
NOT REPRODUCE.
and exerciseOF LAW.
of the NOTtoFOR
power SALE.
issue DO NOT
business REPRODUCE.
permits and licenses. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
7. Discuss the Pork Barrel System.
AW. NOT FOR SALE. DO NOT
Pork REPRODUCE.
Barrel refers to an OF LAW. NOTofFOR
appropriation SALE. DOspending
government NOT REPRODUCE. OF LAW.
meant for localized NOT
projects FOR
and SALE. DO NOT RE
secured
solely or primarily to bring money to a representative’s district. Legal luminaries on the subject further use it to
TY OF SAN BEDA UNIVERSITY COLLEGE control
refer to legislative PROPERTY
of local OF SAN BEDA UNIVERSITY
appropriations. COLLEGE sense,PROPERTY
In a more technical OF SAN
"Pork Barrel" BEDA
refers to UNIVERSITY
an CO
NOT FOR SALE. DO appropriation
NOT REPRODUCE. OF LAW.
of government NOT meant
spending FOR SALE. DO NOT projects
for localized REPRODUCE.
and securedOFsolely
LAW.orNOT FOR SALE.
primarily DO NOT REPRO
to bring
money to COLLEGE
TY OF SAN BEDA UNIVERSITY a representative's
PROPERTY “Pork
district. OF SANBarrel”
BEDAhas been commonly
UNIVERSITY referred to
COLLEGE as lump-sum,
PROPERTY discretionary
OF SAN BEDA UNIVERSITY CO
2
funds of the Members of the Legislature, although its usage would evolve in reference to certain funds of the
OPERTY OF SAN BEDA UNIVERSITY
Executive COLLEGE
(Belgica PROPERTY
v. Ochoa, G.R. OF SAN
No. 208566, BEDA UNIVERSITY
November 19, 2013). COLLEGE PROPERTY OF SAN BEDA UNIVERS
8. BEDA
OPERTY OF SAN In UNIVERSITY
May 2017, Pres.
COLLEGEDuterte PROPERTY
issued Proclamation No.UNIVERSITY
OF SAN BEDA 216 declaring a state ofPROPERTY
COLLEGE martial law
OF and
SAN the
BEDA UNIVERS
suspension of the privilege of the writ of habeas corpus in the whole of Mindanao effective for 60 days,
LAW. NOT FOR SALE.toDO NOT REPRODUCE.
address OF LAW.
the rebellion mounted byNOTthe FOR SALE.
Maute DO NOT
Group REPRODUCE.
and the Abu Sayyaf. TheOF LAW. NOT FORwas
proclamation SALE. DO NOT
approved
PROPERTY OF SAN BEDA by Congress.
UNIVERSITY COLLEGE In JunePROPERTY
2017, the President
OF SAN BEDA requested Congress
UNIVERSITY to extendPROPERTY
COLLEGE the effectivity
OF SANof BEDA UNIV
Proclamation No. 216 up to December 2017, which the Congress granted. Pres. Duterte requested
OF LAW. NOT FOR SALE. DO extension
another NOT REPRODUCE. OF LAW. for
of the proclamation NOTa FOR
year.SALE. DO Congress
Again, NOT REPRODUCE.
approved the OFextension.
LAW. NOT AAAFOR SALE. DO N
questions COLLEGE
the validity PROPERTY
of the extensions, OF SAN
arguing BEDA
that UNIVERSITY COLLEGE
the Constitution PROPERTY
only allows one-time OF SAN BEDA UNIV
extension.
Decide.
OPERTY OF SAN BEDA UNIVERSITY COLLEGE
The subsequent extensions PROPERTY OF constitutional.
are valid and SAN BEDA UNIVERSITY COLLEGE
Congress has the power to PROPERTY
extend andOF SAN BEDA UNIVERS
determine
the period of martial law and the suspension of the privilege of the writ of habeas corpus. Sec 18, Art. VII of
the Constitution is silent as to how many times Congress may extend the proclamation of martial law. The only
limitations are; COLLEGE PROPERTY
(1) that the extension OF SAN
should beBEDA
uponUNIVERSITY COLLEGE
the President’s initiative;PROPERTY
(2) that it OF SAN BEDA
should be UNIVERS
LAW. NOT FOR SALE. DO NOT on
grounded REPRODUCE.
the persistenceOF ofLAW. NOT FORorSALE.
the invasion DO NOT
rebellion, andREPRODUCE.
the demands of OF LAW.safety;
public NOT FORand SALE.
(3) DO NOT
that it is subject to the Court’s review of the sufficiency of its factual basis upon the petition of any
citizen. TheCOLLEGE PROPERTY
said provision did not fixOF SAN
the BEDA
period of UNIVERSITY COLLEGE
extension. The ConstitutionPROPERTY OFthe
clearly gave SANCongress
BEDA UNIVERSITY C
authority to decide
. NOT FOR SALE. DO NOT REPRODUCE. the duration of state of martial law (Lagman
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. v. Pimentel III, G.R.
OF LAW. NOT FOR SALE. 6,
No. 235935, February DO NOT REPR
2018, Covered Case).
9. The COMELEC issued Resolution No. 6486 to implement Sec 36(g) of RA 9165 or the Comprehensive
AW. NOT FOR SALE.Dangerous
DO NOT REPRODUCE. OF prescribing
Drugs Act of 2002, LAW. NOT FOR
the SALE.
rules DO
andNOT REPRODUCE.
regulations OF LAW.drug
on the mandatory NOTtesting
FOR SALE.
of DO NOT R
candidates for public office in connection with the May 10, 2020 synchronized national and local
elections. Pepe, a senator and a candidate for re-election in the 2020 elections, filed a Petition to nullify
. NOT FOR SALE. DOSec.
NOT36(g)
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOTbecause
of RA 9165 and COMELEC Resolution No. 6486 for being unconstitutional FOR SALE. DO NOT REPR
they
impose a COLLEGE
RTY OF SAN BEDA UNIVERSITY qualification for candidates
PROPERTY for BEDA
OF SAN senators in addition
UNIVERSITY to those already
COLLEGE PROPERTY provided
OF SAN forBEDA
in theUNIVERSITY C
Constitution. According to Pepe, Sec. 3, Article VI of the Constitution only prescribes a maximum of 5
. NOT FOR SALE. DOqualifications
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
for one to be a candidate for, elected to, and be a member of the Senate, to wit: (1)
citizenship,
RTY OF SAN BEDA UNIVERSITY (2) voter registration,
COLLEGE PROPERTY(3)OFliteracy, (4) age,
SAN BEDA and (5) residency.
UNIVERSITY COLLEGE He says that both
PROPERTY OFthe
SANCongress
BEDA UNIVERSITY C
and COMELEC, by requiring a senatorial aspirant to undergo a mandatory drug test, create an
. NOT FOR SALE. DOadditional
qualification that all candidates for senator must first be certified as drug free. He adds that
there is noCOLLEGE
provision in PROPERTY OF SAN BEDA
the Constitution UNIVERSITY
authorizing COLLEGE or COMELEC
the Congress PROPERTY OF to SAN BEDAthe
expand UNIVERSITY C
. NOT FOR SALE. DOqualification requirements
NOT REPRODUCE. OFof candidates
LAW. NOT FORforSALE.
senator. Decide.
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDA UNIVERSITY
Sec. 36(g)COLLEGE
of RA 9165 is PROPERTY OF SAN
unconstitutional. TheBEDA UNIVERSITY
qualifications COLLEGEof the PROPERTY
of Members Congress areOFexclusive,
SAN BEDA UNIVERSI
and as such, the
AW. NOT FOR SALE. DO NOT REPRODUCE. Congress cannot validly amend or otherwise modify
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. these qualification standards, as
OF LAW. NOT FOR it cannot
SALE. DO NOT R
disregard, evade, or weaken the force of a constitutional mandate, or alter or enlarge the Constitution. In the
PERTY OF SAN BEDAsame
UNIVERSITY
vein, theCOLLEGE PROPERTY
COMELEC cannot, in the OF SANofBEDA
guise UNIVERSITY
enforcing COLLEGE election
and administering PROPERTY OF SAN BEDA UNIVERSI
laws or promulgating
AW. NOT FOR SALE.rules
DO NOT
and REPRODUCE. OF LAW.
regulations to implement NOT
Sec. FOR SALE.
36(g), validlyDO NOT REPRODUCE.
impose OF LAW. NOT
qualifications on candidates FOR SALE.
for senator in DO NOT R
addition to what the Constitution prescribes.
Here, Sec.
. NOT FOR SALE. DO NOT REPRODUCE. 36(g) of RA 9165 effectively enlarges the qualification
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. requirements
OFenumerated
LAW. NOT FOR in theSALE.
Sec. DO
3, NOT REPR
Art. VI of the Constitution. It unmistakably requires a candidate for senator to be certified illegal - drug clean,
as a pre - condition to the validity of a certificate of candidacy for senator or, with like effect, a condition sine
. NOT FOR SALE. DOqua
NOT REPRODUCE.
non OF LAW.
to be voted upon and, NOTbe
if proper, FOR SALE. DOasNOT
proclaimed REPRODUCE.
senator-elect OF LAW. NOT
(SJS v. Dangerous DrugsFOR SALE.
Board, DO NOT REPR
G.R.
No. 157870, November 3, 2008).
District
. NOT FOR SALE. Representatives
DO NOT REPRODUCE. and Questions
OF LAW. NOT FORofSALE.
Apportionment
PERTY OF SAN10.
BEDAThe
UNIVERSITY COLLEGE
election of the Speaker PROPERTY
of the HouseOF of
SAN BEDA UNIVERSITY
Representatives wasCOLLEGE
held with 252PROPERTY OF SANfor
members voting BEDA
A UNIVERSI
AW. NOT FOR SALE.and
DO 8NOT
members voting for B,OF
REPRODUCE. the 2nd highest
LAW. NOT FORofSALE.
votes.DO
A “long-standing
NOT REPRODUCE.tradition”
OF of the House
LAW. NOT FORis that,
SALE. DO NOT R
the candidate who garnered the 2nd highest number of votes for Speakership automatically becomes
PERTY OF SAN BEDAthe
Minority Leader. Pursuant to such tradition, B should be declared and recognized as the Minority
AW. NOT FOR SALE.Leader.
DO NOTHowever,
REPRODUCE.
those whoOF didLAW. NOTfor
not vote FOR SALE. DO
Speaker NOT REPRODUCE.
A convened and elected X OF LAW.
as the NOT FOR
Minority SALE. DO NOT R
Leader.
A petition for mandamus was filed insisting that B should be recognized as the Minority Leader in light
RTY OF SAN BEDA UNIVERSITY COLLEGE tradition”.
of the “long-standing PROPERTY OFthe
Will SAN BEDA for
petition UNIVERSITY
mandamus COLLEGE
lie? PROPERTY OF SAN BEDA UNIVERSITY C
3
No, mandamus
PERTY OF SAN BEDA UNIVERSITY COLLEGEwill not lie. The Senate
PROPERTY shallBEDA
OF SAN electUNIVERSITY
its PresidentCOLLEGE
and the House of Representative,
PROPERTY its UNIVERSI
OF SAN BEDA
Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it
AW. NOT FOR SALE.may
DO NOT
deemREPRODUCE.
necessary (CONST. OFArt.
LAW.VI,NOT
Sec.FOR SALE.
16, par. DOSec.
(1)). NOT16REPRODUCE.
(3), Art. VI of the OF LAW. NOT
Constitution FORinSALE.
vests the DO NOT R
PERTY OF SAN BEDAHouse of Representatives the sole authority to "determine the rules of its proceedings." These “legislative UNIVERSI
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
rules, unlike statutory laws, doOF
AW. NOT FOR SALE. DO NOT REPRODUCE. notLAW.
haveNOT
the imprints of permanence
FOR SALE. and obligatoriness
DO NOT REPRODUCE. OFduring
LAW. their
NOTeffectivity.
FOR SALE. DO NOT R
In fact, they 'are subject to revocation, modification or waiver at the pleasure of the body adopting them”. Being
merely matters of COLLEGE
procedure, theirPROPERTY
observanceOFare
SAN
of BEDA UNIVERSITY
no concern COLLEGE
to the courts, PROPERTY
for said rules may beOFwaived
SAN BEDA UNIVE
or disregarded by the legislative body at will, upon the concurrence of a majority [of the House of
Representatives]. As such, the method of choosing who will be such other officers is merely a derivative of the
exercise of the prerogative conferred by the aforequoted constitutional provision (Baguilat v. Alvarez, OF
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN
G.R. No.BEDA UNIVE
OF LAW. NOT FOR SALE. DO NOT
227757, REPRODUCE.
July 25, OF LAW.J.,NOT
2017, Perlas-Bernabe, FOR SALE.
Covered DOTherefore,
Case). NOT REPRODUCE. OF LAW.
X is rightfully elected NOT
as the FOR SALE. DO NO
Minority
Leader.
Party-list
AW. NOT FOR SALE. DO system
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
11. Can the COMELEC deny the application for registration filed by ABC, an organization composed of
AW. NOT FOR SALE.men
DO NOT
and REPRODUCE. OF LAW.
women who identify NOT FOR
themselves asSALE. DO NOT
lesbians, REPRODUCE.
gays, OF LAW. NOT
bisexuals, or transgender FOR SALE. DO NOT R
individuals
(LGBTs), based on moral grounds?
NOT FOR SALE. DO NOTNo,
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
the COMELEC cannot deny registration of ABC based on moral grounds. OFInLAW.
Ang NOT FOR
Ladlad SALE.
LGBT DO NOT REPRO
Party
v. COMELEC PROPERTY
(G.R. No. 190582, AprilOF
8, SAN BEDA
2010), UNIVERSITY
the Supreme COLLEGE
Court ruled that thePROPERTY OFofSAN
enumeration BEDA UNIVERSITY CO
marginalized
NOT FOR SALE. DO and
NOTunder-represented
REPRODUCE. sectors is not exclusive. The crucial element is not whether a sector is specifically
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
enumerated, but whether a particular organization complies with the requirements of the Constitution and R.A.
PERTY OF SAN BEDA No. 7941. TheCOLLEGE
UNIVERSITY denial of the registration
PROPERTY on OF purely moralUNIVERSITY
SAN BEDA grounds amounts
COLLEGEmore to aPROPERTY
statement OF
of dislike
SAN BEDAand UNIVERSIT
disapproval of homosexuals, rather than a tool to further any substantial public interest.
PERTY OF SAN BEDA Note:
UNIVERSITY COLLEGE
Religious sector cannotPROPERTY
participateOF SANparty-list
in the BEDA UNIVERSITY
system (Art.COLLEGE
VIII, Sec. 5(2), PROPERTY OFBut
Constitution). SAN BEDA UNIVERSIT
religion
cannot
AW. NOT FOR SALE. DO NOTbeREPRODUCE.
used to disqualify aOFparty,
LAW.organization or coalition.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
TY OF SAN BEDA
12.UNIVERSITY COLLEGE
In determining who mayPROPERTY OFinSAN
participate BEDA UNIVERSITY
a party-list COLLEGE
election, what PROPERTYtoOF
are the parameters beSAN BEDA UNIVERSITY CO
followed?
The parameters are:
a. Three
TY OF SAN BEDA UNIVERSITY different groups
COLLEGE may OF
PROPERTY participate
SAN BEDA in the party-list system:
UNIVERSITY COLLEGE(1) national partiesOF
PROPERTY or SAN
organizations,
BEDA UNIVERSITY CO
(2) regional parties or organizations, and (3) sectoral parties or organizations.
NOT FOR SALE. DO NOTb.REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE.
National parties or organizations and regional parties or organizations do not need to organize along
DO NOT REPRO
TY OF SAN BEDA UNIVERSITYsectoral
COLLEGE PROPERTY
lines and OFtoSAN
do not need BEDA UNIVERSITY
represent COLLEGE
any "marginalized PROPERTY OFsector.
and underrepresented" SAN BEDA UNIVERSITY CO
c. Political
NOT FOR SALE. DO NOT REPRODUCE. parties can participate in party-list elections
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. provided they register under the party-list
OF LAW. NOT FOR SALE. system
DO NOT REPRO
and do not field candidates in legislative district elections.
PERTY OF SAN BEDA UNIVERSITY COLLEGE
d. Sectoral PROPERTY OFmay
parties or organizations SANeither
BEDAbe UNIVERSITY COLLEGE
"marginalized PROPERTY OF
and underrepresented" or SAN BEDA
lacking in UNIVERSIT
AW. NOT FOR SALE. DO NOT"well-defined
REPRODUCE.politicalOF constituencies."
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
e. A majority of the members of sectoral parties or organizations that represent the "marginalized and
underrepresented" PROPERTY
must belongOFto SAN BEDA UNIVERSITY
the "marginalized COLLEGE
and underrepresented"PROPERTY OF SAN
sector they BEDA UNIVERSIT
represent.
AW. NOT FOR SALE. DO NOTSimilarly,
REPRODUCE. OFthe
a majority of LAW. NOT FOR
members SALE. DO
of sectoral NOTorREPRODUCE.
parties OF LAW.
organizations that lack NOT FOR
"well-defined SALE. DO NOT RE
political
constituencies" must belong to the sector they represent. The nominees of sectoral parties or
TY OF SAN BEDA UNIVERSITYorganizations
COLLEGE that PROPERTY
representOF theSAN BEDA UNIVERSITY
"marginalized COLLEGE
and underrepresented," PROPERTY OF SANthose
or that represent BEDAwhoUNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE.
lack "well-definedOFpolitical
LAW. NOT FOR SALE. either
constituencies," DO NOT REPRODUCE.
must OF LAW.sectors,
belong to their respective NOT FOR SALE.
or must DO NOT REPRO
have
a track
TY OF SAN BEDA UNIVERSITY COLLEGErecord of advocacy for their respective sectors.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE The nominees of national and regional parties
PROPERTY OF SAN BEDA UNIVERSITY CO
or organizations must be bona-fide members of such parties or organizations.
NOT FOR SALE. DO NOTf.REPRODUCE.
National, regional, and sectoral parties or organizations shall not beOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW. NOTif FOR
disqualified someSALE. DO NOT REPRO
of their
nominees are disqualified, provided that they have at least one nominee who remains qualified (Atong
TY OF SAN BEDA UNIVERSITYPaglaum
COLLEGEv. COMELEC,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
G.R. No. 203766, April 2, 2013).
Note:COLLEGE
TY OF SAN BEDA UNIVERSITY A political party, whetherOF
PROPERTY major
SANorBEDA
not, UNIVERSITY
that fields candidates
COLLEGE in legislative
PROPERTY district elections
OF SAN BEDAcan
UNIVERSITY CO
participate in party-list elections only through its sectoral wing that can separately register under the party-
NOT FOR SALE. DO NOTlist
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
system. The sectoral wing is by itself an independent sectoral party, and is linked to a political party
through aCOLLEGE
PERTY OF SAN BEDA UNIVERSITY coalition. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR 13.
SALE. DO NOTthe
During REPRODUCE.
senate hearing OFregarding
LAW. NOTtheFORoverpriced
Makati OF LAW.Building,
City Hall II Parking NOT FOR some
SALE. DO NOT RE
PERTY OF SAN BEDA references
UNIVERSITYwere
COLLEGE
made onPROPERTY OF SAN
a 350-hectare BEDAinUNIVERSITY
estate Batangas COLLEGE
also referred PROPERTY OF SANPinay,
to as Hacienda BEDA UNIVERSIT
supposedly owned
AW. NOT FOR SALE. DO NOT REPRODUCE. by XX. During media interviews in between the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.hearings and in response to media’s
OF LAW. NOT FOR SALE. DO NOT RE
request for him to comment on the matter, Senator YY expressed his opinion that XX appears to be a
“nominee”
TY OF SAN BEDA UNIVERSITY or “front” orPROPERTY
COLLEGE acting as “dummy” of theUNIVERSITY
OF SAN BEDA actual beneficial
COLLEGE owner, former Vice OF
PROPERTY President Pinay.
SAN BEDA UNIVERSITY CO
XX sued for damages against Senator YY’s defamatory and libelous statements. May Senator YY
invoke parliamentary PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
immunity? PROPERTY OF SAN BEDA UNIVERSITY CO
4
No, SenatorCOLLEGE PROPERTY
YY cannot invoke OF SANimmunity.
parliamentary BEDA UNIVERSITY COLLEGE
The privilege of speech orPROPERTY OF Sec.
debate under SAN BEDA
11, UNIVERS
LAW. NOT FOR SALE. DOVINOT
Art. REPRODUCE.
of the OFspeech
Constitution covers LAW. NOT FOR in
delivered SALE. DO or
Senate NOTanyREPRODUCE.
of its committees, OF LAW.inNOT
spoken FOR SALE.
the course of DO NOT
any
OPERTY OF SAN BEDA debate in said
UNIVERSITY fora, or made
COLLEGE in the official
PROPERTY OF discharge
SAN BEDAorUNIVERSITY
performanceCOLLEGE
of duties as a Senator.
PROPERTY TheOFstatement
SAN BEDA UNIVERS
must be part of or integral to legislative process. Here, the statements were made during the breaks and gaps
LAW. NOT FOR SALE.
of DO
the NOT REPRODUCE.
hearing, not delivered inOF LAW. committees
Senate NOT FOR SALE. DO NOTduring
not spoken REPRODUCE. OF LAW.
a debate therein. NOT FOR
They were also SALE.
not DO NOT
made UNIVERSITY
PROPERTY OF SAN BEDA in the official COLLEGE
discharge of duties as a Senator.
PROPERTY OF SAN To participate
BEDA in or respond
UNIVERSITY COLLEGEto media interviews
PROPERTY OFisSAN
not BEDA UNIV
demanded by his sworn duty nor is it a component of the process of enacting laws. Senator YY therefore
OF LAW. NOT FOR SALE.
cannotDO NOTparliamentary
invoke REPRODUCE.immunity OF LAW. NOTIVFOR
(Trillanes vs. SALE. DO NOT REPRODUCE.
Hon. Castillo-Marigomen, G.R. No.OF LAW. March
223451, NOT FOR14, SALE. DO N
2018, UNIVERSITY
Covered Case). COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
LAW. NOT FOR14.SALE. DO NOT REPRODUCE.
Congressman Z filed House OF
BillLAW. NOTconverting
No. 123 FOR SALE.the
DOMunicipality
NOT REPRODUCE. OFCity
of Santan to LAW.
of NOT FOR SALE. DO NOT
Sampaguita.
A month later, Senator
OPERTY OF SAN BEDA UNIVERSITY COLLEGE Y filed Senate Bill 456 also converting the
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE Municipality of Santan to
PROPERTY OF SANCityBEDA
of UNIVERS
Sampaguita. The HB 123 was approved by the lower house and was subsequently transmitted to the
upper house; however, the Senate adopted the version of Senator Y which was approved by President
X. Now, Mr.
RTY OF SAN BEDA UNIVERSITY CDE, a resident
COLLEGE of Municipality
PROPERTY of Santan
OF SAN BEDA assailed
UNIVERSITY the newly passed
COLLEGE law, OF
PROPERTY arguing among
SAN BEDA UNIVERSITY C
others that it did not originate exclusively from HOR as mandated by Section 24, Article VI of the
. NOT FOR SALE. DOConstitution
NOT REPRODUCE.
since it hadOF LAW. NOT FOR
a counterpart SALE.
in the DO NOT
Senate. REPRODUCE.
Decide. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE of thePROPERTY
The contention OFwithout
petitioner is SAN BEDA UNIVERSITY
merit. COLLEGE
A bill of local application, PROPERTY
such as oneOFasking
for the
. NOT FOR SALE. DOconversion of a municipality
NOT REPRODUCE. OFinto
LAW. a city,
NOTisFOR
deemed
SALE.toDOhave
NOT originated from the House
REPRODUCE. provided
OF LAW. NOTthat
FORthe bill of
SALE. DO NOT REPR
the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own
PERTY OF SAN BEDAversion.
The filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, does not
PERTY OF SAN BEDAcontravene
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
the constitutional requirement that a bill of local application should originate in the OF House
SAN BEDA
of UNIVERSI
AW. NOT FOR SALE.Representatives,
DO NOT REPRODUCE. OFthe
for as long as LAW. NOTdoes
Senate FORnot SALE. DO NOT REPRODUCE.
act thereupon until it receives theOF LAW.bill.
House NOT FOR Sec.
Hence, SALE. DO NOT R
24, Art. VI of the Constitution was not violated (Alvarez v. Guingona, G.R. No. 118303, January 31, 1996).
15. Senator A is abroad
. NOT FOR SALE. DO NOT REPRODUCE. for a family vacation. Senator B is sick and
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. in a comatose condition,
OF LAW. NOT FORconfined
SALE. in
DO NOT REPR
the Philippines. Senator C is imprisoned. Determine the number of Senators necessary to constitute a
quorum toCOLLEGE
do business. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
The basis in determining the existence of a quorum in the Senate shall be the total number of incumbent
Senators who PROPERTY
are in the country OF SAN
and within theBEDA UNIVERSITY
coercive COLLEGE
jurisdiction PROPERTY
of the State (Avelino OF SANG.R.
v. Cuenca, BEDANo.UNIVERSITY C
. NOT FOR SALE. DOL-2821,
March 4, 1949). Thus, NOTAFOR
Senator is notSALE. DO in
counted NOT REPRODUCE.
determining OFHowever,
the quorum. LAW. NOT FOR SALE.
Senators DO NOT REPR
B and
C are still counted since they are within the coercive jurisdiction of the State. On the assumption that all the 24
PERTY OF SAN BEDAseats
UNIVERSITY COLLEGE
in the senate PROPERTY
are filled, the presenceOF
ofSAN BEDA UNIVERSITY
13 senators COLLEGE
constitutes a quorum to doPROPERTY
business. OF SAN BEDA UNIVERSI
16. Land Transportation Office formulated the Motor Vehicle License Plate Standardization Program
(MVPSP) toCOLLEGE PROPERTY
supply new license OFfor
plates SAN BEDA
both oldUNIVERSITY COLLEGE
and new vehicle PROPERTY
registrants. OF SANhowever,
The program, BEDA UNIVERSITY C
. NOT FOR SALE. DOdid
NOT REPRODUCE.
not OFinLAW.
appear as an item NOT FORAppropriations
the General SALE. DO NOT REPRODUCE. OF LAW. NOT
Act of 2014. The increased FOR SALE. of
appropriation DO NOT REPR
Php 4,843,753,000.00
RTY OF SAN BEDA UNIVERSITY COLLEGE was instead OF
PROPERTY allocated under
SAN BEDA the item Motor
UNIVERSITY COLLEGE Vehicle PROPERTY
Registration
OF and
SAN Driver’s
BEDA UNIVERSITY C
Licensing Regulatory Services (MFO2).
Congressmen
RTY OF SAN BEDA UNIVERSITY XX and YYPROPERTY
COLLEGE argued thatOFsince MVPSP
SAN BEDA did not appear
UNIVERSITY as an item
COLLEGE in the 2014
PROPERTY OFGAA, the use
of its funds allocated for the MFO2 amounted to an unconstitutional transfer of appropriations
. NOT FOR SALE. DOprohibited
NOT REPRODUCE.
by Sec. 25(5),OFArt.
LAW.VI NOT FORConstitution
of the SALE. DO NOT REPRODUCE.
which provides that OF
“NoLAW.
law NOT
shallFOR
be SALE.
passedDO NOT REPR
authorizing of appropriation.”
any transfer PROPERTY Are Congressmen
OF SAN BEDA XX and YY correct?
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
No, they are not correct. To be valid, an appropriation must indicate a specific amount and a specific
PERTY OF SAN BEDApurpose.
UNIVERSITYHowever, the purpose
COLLEGE may be specific
PROPERTY OF SANeven
BEDAif itUNIVERSITY
is broken down into different
COLLEGE related sub-categories
of the same nature. Here, the appropriation for motor vehicle registration naturally and logically included plate-
AW. NOT FOR SALE.making
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
inasmuch as plate-making was an integral component of the registration process. Thus, since the 2014
PERTY OF SAN BEDAGAA
UNIVERSITY COLLEGE the direct
itself contained PROPERTY OF SAN BEDA
appropriation UNIVERSITY
necessary COLLEGEthe MVPSP,
to implement PROPERTY OF SAN
there was BEDA
no UNIVERSI
unconstitutional transfer
AW. NOT FOR SALE. DO NOT REPRODUCE. of funds (Dela Cruz vs. Ochoa, Jr., G.R.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. No. 219683, January 23, 2018, Covered
Case).
5
PERTY OF SAN17.
BEDACareer Executive
UNIVERSITY Service Board
COLLEGE PROPERTY(CESB) granted
OF SAN BEDAtoUNIVERSITY
its officials and employees
COLLEGE various
PROPERTY OFmonetary
SAN BEDA UNIVERSI
benefits. The Commission on Audit disallowed the grant of monetary benefits like Birthday Bonus,
AW. NOT FOR SALE.Fringe
DO NOT REPRODUCE.
Benefits, Christmas OF LAW. and
Grocery NOTRetirement
FOR SALE. DOPayNOT
rankREPRODUCE. OF LAW.
and file employees, NOT
on the FOR SALE.
ground that DO NOT R
UNIVERSITY
grant has no legal support. CESB argued that it needed no new appropriation inasmuch as its UNIVERSI
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
AW. NOT FOR SALE. DO NOTsavings
agency were utilized
REPRODUCE. OFfor the grant
LAW. of such
NOT FOR SALE.benefits.
DO NOTIsREPRODUCE.
CESB correct? OF LAW. NOT FOR SALE. DO NOT R
PROPERTY OF SAN BEDANo,

UNIVERSITY
CESB is notCOLLEGE
correct. Sec.PROPERTY
29(1), Art. OF SAN
VI of theBEDA ordains
UNIVERSITY
Constitution that: “No money
COLLEGE shall beOF
PROPERTY paid outBEDA UNIVE
SAN
of the Treasury except in pursuance of an appropriation made by law.” The only exception is found in Sec.
25(5), Art. VI of the Constitution, by which the President of the Philippines, the President of the Senate, the
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
Speaker of the House of Representatives, the Chief Justice of the Philippines, and the headsPROPERTY OFofSAN
theBEDA UNIVE
Constitutional OF LAW. NOT
Commissions are authorized FOR SALE.
to transfer DO NOT REPRODUCE.
appropriations to augment any itemOFin LAW. NOT
the GAA forFOR
theirSALE. DO NO
respective offices from the savings in other items of their respective appropriations. Here, the CESB is not
PERTY OF SAN BEDAamong
UNIVERSITY COLLEGE
the officials PROPERTY
or agencies OF to
authorized SAN BEDA their
transfer UNIVERSITY
savings COLLEGE PROPERTY
in other items of OF SAN BEDA
its appropriation. The UNIVERSI
AW. NOT FOR SALE.CESB,
DO NOT although intended toOF
REPRODUCE. beLAW.
an autonomous
NOT FOR SALE.entity,
DOisNOT
administratively
REPRODUCE.attached to theNOT
OF LAW. CivilFOR
Service
SALE. DO NOT R
Commission (CSC). With the CSC being the office vested with fiscal autonomy by the Constitution, the CESB's
PERTY OF SAN BEDAuse
of its savings to cover the CNA benefits for its employees had no legal basis (Career Executive Service
AW. NOT FOR SALE.Board
DO NOTvs. REPRODUCE. OF LAW.
COA, G.R. No. 212348, JuneNOT FOR SALE.
19, 2018, CoveredDO Case).
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
TY OF SAN BEDA
18.UNIVERSITY COLLEGE enacted
In 2018, Congress PROPERTY OF 8439,
R.A. No. SAN BEDA UNIVERSITY
granting COLLEGE
additional allowances PROPERTY
and benefitsOF (Magna
Carta
NOT FOR SALE. DO benefits)
NOT REPRODUCE.
to the coveredOF LAW. NOT
officials FOR SALE. DO
and employees NOT
of the REPRODUCE.
Department OF and
of Science LAW. NOT FOR SALE.
Technology DO NOT REPRO
(DOST).
Under R.A.
TY OF SAN BEDA UNIVERSITY No. 8439, the
COLLEGE funds forOF
PROPERTY theSAN
payment of the MagnaCOLLEGE
BEDA UNIVERSITY Carta benefits are to be OF
PROPERTY appropriated by
the General Appropriations Act (GAA) of the year following the enactment of R.A. No. 8439. However,
NOT FOR SALE. DO the
NOTamount
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR
necessary for its full implementation had not been provided in the GAA, prompting theSALE. DO NOT REPRO
PERTY OF SAN BEDA Secretary
UNIVERSITY of DOST to request the Office of the President (OP) through a Memorandum for the authority
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
to utilize the DOST’s savings to pay the Magna Carta benefits. The OP granted such request. XX argues
AW. NOT FOR SALE. DO
thatNOT
suchREPRODUCE. OF LAW.
authorization operated as aNOT FOR SALE.
continuing DO NOT REPRODUCE.
endorsement OF LAW.
of the use of savings NOTthe
to cover FORMagna
SALE. DO NOT RE
Carta benefits in PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
succeeding calendar years. Is the contention of XX correct? PROPERTY OF SAN BEDA UNIVERSIT
No, XX is not correct. In the funding of current activities, projects, and programs, the general rule should
still be that
TY OF SAN BEDA UNIVERSITY the budgetaryPROPERTY
COLLEGE amount contained
OF SAN inBEDA
the appropriations bill is the extent
UNIVERSITY COLLEGE CongressOF
PROPERTY willSAN
determine as
BEDA UNIVERSITY CO
sufficient for the budgetary allocation for the proponent agency. Here, although the Memorandum was silent
NOT FOR SALE. DO as
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
to the period covered by the request for authority to use the DOST’s savings, it was clear just the same that
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
the Memorandum encompassed only CY 2019. The Memorandum could only be read as an authority OF SAN BEDA UNIVERSITY CO
covering
the limited
NOT FOR SALE. DO NOT REPRODUCE.period inclusive of CY 2019. The text of the Memorandum
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. was also bereft of any indication that the
authorization was to be indefinitely extended to any calendar year beyond CY 2019 (Nazareth vs. Villar, G.R.
No. 188635, January 29,PROPERTY
2013). OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
19. Does the Constitution prohibit Cross-border augmentation?
NOT FOR SALE. DO NOTYes,
REPRODUCE. OF LAW. NOTfrom
Cross-border augmentations FOR savings
SALE. DO NOT
are REPRODUCE.
prohibited OF LAW.ByNOT
by the Constitution. FOR SALE.
providing DO NOT REPRO
that the
President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the
PERTY OF SAN BEDA Supreme
UNIVERSITY COLLEGE
Court, and the HeadsPROPERTY OF SAN BEDA
of the Constitutional UNIVERSITYmay
Commissions COLLEGE PROPERTY
be authorized OFany
to augment SANitem
BEDAin UNIVERSIT
the GAA "for their respectiveOF LAW. NOT
offices," Sec. FOR
25(5),SALE. DOofNOT
Art. VI REPRODUCE.
the Constitution OF LAW.borders
has delineated NOT FOR SALE. DO NOT RE
between
PERTY OF SAN BEDA their offices, such
UNIVERSITY that fundsPROPERTY
COLLEGE appropriated
OFfor
SANone office
BEDA are prohibited
UNIVERSITY from crossing
COLLEGE over to another
PROPERTY OF SAN office
BEDA UNIVERSIT
even in the guise of augmentation of a deficient item or items. Thus, we call such transfers of funds cross-
border REPRODUCE.
transfers OF LAW.
or cross-border NOT FOR SALE.
augmentations. DO NOTtransfers,
Cross-border REPRODUCE. whether asOF LAW. NOT FOR
augmentation, SALE.
or as aid, DO NOT RE
were prohibited under Sec. 25(5) (Araullo v. Aquino III, G.R. No. 209287, July 1, 2014).
NOT FOR SALE. DO Note:
The phrase "respective NOTused
offices" FORinSALE. DO25(5)
Section NOT REPRODUCE. OF LAW. NOT
refers to the entire Executive, with FOR SALE.
respect DO NOT REPRO
to the
President; the
TY OF SAN BEDA UNIVERSITY COLLEGESenate, with respect to the Senate President; the
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE House of Representatives, with respect to the
NOT FOR SALE. DO Speaker;
NOT the Judiciary, with respect to the Chief Justice; the Constitutional Commissions, with respect to their
REPRODUCE.
respective Chairpersons.
20. XX, a first-year law student of the University of Mang Tomas (UMT), died allegedly due to hazing
NOT FOR SALE. DO conducted
by the YY Fraternity FORsame
of the SALE.university.
DO NOT REPRODUCE.
An investigation,OFinLAW. NOT
aid of FOR SALE.was
legislation, DO NOT REPRO
conducted by the Senate Committee on Public Order and Dangerous Drugs. AA, an alleged member of
PERTY OF SAN BEDA YY
Fraternity, was subpoenaed. In the course of the hearing, AA repeatedly failed to answer the
questions and invoked hisOF LAW.
right NOT FOR
against SALE. DO NOT As
self-incrimination. REPRODUCE.
a result, he wasOFcited
LAW.byNOT
the FOR SALE.
Senate in DO NOT RE
PERTY OF SAN BEDA contempt.
UNIVERSITY Considering
COLLEGE thatPROPERTY
the SenateOF isSAN
a continuing body, may
BEDA UNIVERSITY it detain AA PROPERTY
COLLEGE indefinitely?OF SAN BEDA UNIVERSIT
No, it cannot detain AA indefinitely. Sec. 21, Art. VI of the Constitution provides that the Senate or the
House of COLLEGE
TY OF SAN BEDA UNIVERSITY Representatives or any ofOF
PROPERTY its SAN
respective committees may
BEDA UNIVERSITY conduct inquiries
COLLEGE PROPERTY in aid
OFofSAN
legislation in
BEDA UNIVERSITY CO
accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such
NOT FOR SALE. DO inquiries
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR
shall be respected. The period of imprisonment under the inherent power of contempt by the Senate SALE. DO NOT REPRO
during inquiries in aid of PROPERTY OF SAN
legislation should BEDA
only last UNIVERSITY COLLEGE
until the termination PROPERTY
of the legislative OF SAN
inquiry BEDA
under UNIVERSITY CO
which
6
the said power is invoked. The legislative inquiry of the Senate terminates on two instances: (1) upon the
approval COLLEGEof the Committee
or disapproval PROPERTYReport;
OF SANorBEDA UNIVERSITY
(2) upon COLLEGE
the expiration of one (1) PROPERTY
Congress. AnOFindefinite
SAN BEDA UNIVERS
LAW. NOT FOR SALE.
andDOunspecified
period of detention NOT FOR
will amount to SALE. DO NOT
excessive REPRODUCE.
restriction OF violate
and will certainly LAW. NOT FOR SALE. DO NOT
any person's
right
OPERTY OF SAN BEDA to liberty (Balag
UNIVERSITY v. Senate,PROPERTY
COLLEGE G.R. No. 234608,
OF SANJuly
BEDA03,UNIVERSITY
2018). COLLEGE PROPERTY OF SAN BEDA UNIVERS
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT21.
FOR SALE. DO NOT
On June REPRODUCE.
2, 2019, OF LAW.
President X filed NOT FOR SALE.
an impeachment DO NOT REPRODUCE.
complaint OF LAW.
against Chief Justice Y andNOT FOR SALE. DO N
seven
Associate Justices of the Supreme Court for “culpable violation of the Constitution, betrayal of the
public trust and other high crimes.” The complaint was endorsed by 3 congressmen and was referred
to theDO NOTCommittee
House REPRODUCE. OF LAW.
on Justice NOT FOR
on August SALE.
5, 2019 inDO NOT REPRODUCE.
accordance OF LAW.
with Section 3(2) NOT XI
of Article FOR
of SALE. DO N
the Constitution. The House Committee on Justice ruled on October 13, 2019 that the impeachment
complaint was “sufficient in form,” but voted to dismiss the same on October 22, 2019 for being
LAW. NOT FOR SALE. DO NOT REPRODUCE.
insufficient in substance. OnOF LAW. NOT
October FOR SALE.
23, 2019, DO NOT
a second REPRODUCE.
impeachment OF LAW.
complaint NOT with
was filed FOR the
SALE. DO NOT
Secretary General
OPERTY OF SAN BEDA UNIVERSITY COLLEGEof the House against Chief Justice Y. This second
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE impeachment complaint was
PROPERTY OF SAN BEDA UNIVERS
accompanied by a "Resolution of Endorsement/Impeachment" signed by at least 1/3 of all the Members
of the House of Representatives. Is the filing of the second impeachment complaint constitutional?
No, the filing of the second impeachment complaint is unconstitutional. Under Sec. 3(5) of Art. XI of the
. NOT FOR SALE. DOConstitution,
NOT REPRODUCE.
no impeachmentOF LAW. NOT FOR
proceedings SALE.
shall DO NOTagainst
be initiated REPRODUCE. OF LAW.
the same official more NOT FOR SALE.
than once withinDOa NOT REPR
period of 1 COLLEGE
RTY OF SAN BEDA UNIVERSITY year. The framers intendedOF
PROPERTY “initiation”
SAN BEDA to start with the “filing”
UNIVERSITY COLLEGEof the complaint.
PROPERTYThe OF
provision means
. NOT FOR SALE. DOthat
NOT noREPRODUCE.
second verified complaint
OF LAW. may beFOR
NOT accepted
SALE.and
DO referred to the CommitteeOF
NOT REPRODUCE. onLAW.
Justice for action.
NOT In this
FOR SALE. DO NOT REPR
case, the second impeachment complaint against Chief Justice Y was filed on October 23, 2019, or 4 months
PERTY OF SAN BEDAand 3 weeks after
UNIVERSITY the filing on PROPERTY
COLLEGE June 2, 2019
OFofSAN
the first
BEDA complaint. Hence,
UNIVERSITY the filing of the
COLLEGE second impeachment
complaint is unconstitutional (Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003).
22. UNIVERSITY
RTY OF SAN BEDA O assumed office as thePROPERTY
COLLEGE party-list representative of MATAPANG
OF SAN BEDA UNIVERSITY Party-list inPROPERTY
COLLEGE the HOR, but was later
OF SAN BEDAonUNIVERSITY C
expelled by the party-list for disloyalty. The party-list filed with the COMELEC a petition against O,
. NOT FOR SALE. DOpraying
NOT REPRODUCE.
that he be ordered to vacate the office of MATAPANG in the HOR. The COMELEC upheld O’s NOT REPR
expulsion COLLEGE
from MATAPANG. PROPERTY OF SAN
Does the BEDA UNIVERSITY
COMELEC COLLEGE
have jurisdiction over thePROPERTY
expulsion OF
of aSAN BEDAof
Member UNIVERSITY C
the House of Representatives
. NOT FOR SALE. DO NOT REPRODUCE. from his party-list organization?
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
No, theCOLLEGE
COMELEC does PROPERTY OFjurisdiction.
not have SAN BEDA Sec.UNIVERSITY
17, Art. COLLEGE PROPERTY
VI of the Constitution vestsOF SAN
the HRETBEDA UNIVERSITY C
with
jurisdiction to
. NOT FOR SALE. DO NOT REPRODUCE. resolve questions on the qualifications of members
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of the HOR. OF LAW. NOT FOR SALE.has
Since the COMELEC DO NOT REPR
proclaimed MATAPANG as a winning party-list group, petitioner O took his oath, and has assumed office in
the HOR, itCOLLEGE
is already the PROPERTY
HRET, andOFnotSAN BEDA UNIVERSITY
the COMELEC, that hasCOLLEGE PROPERTY
jurisdiction. Moreover, theOF SAN BEDA
Petition for O’sUNIVERSITY C
. NOT FOR SALE. DOexpulsion
NOT REPRODUCE.
from the HOR isOF LAW. NOT
anchored FOR
on his SALE. DO
expulsion NOT
from REPRODUCE.
MATAPANG, OF LAW. NOT
which necessarily FORhisSALE.
affects DO NOT REPR
title as
member of Congress. Thus, the validity of petitioner O’s expulsion from MATAPANG is integral to the issue of
PERTY OF SAN BEDAhis
UNIVERSITY COLLEGE
qualifications PROPERTY
to sit in Congress, OF SAN
over which theBEDA
HRETUNIVERSITY COLLEGE
has exclusive PROPERTY
jurisdiction (Lico OF SANG.R.
v. COMELEC, BEDA UNIVERSI
No. 205505, September
AW. NOT FOR SALE. DO NOT REPRODUCE. 29, 2015).
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
RTY OF SAN BEDA
23. UNIVERSITY
President COLLEGE PROPERTYYY
XX and Vice President OFwere
SAN BEDA
electedUNIVERSITY
in 2016. InCOLLEGE PROPERTY
2018, President XX wasOF SAN BEDA
removed UNIVERSITY C
from
office through
. NOT FOR SALE. DO NOT REPRODUCE.impeachment for culpable violation of the Constitution.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Thereafter, Vice President YY
OF LAW. NOT FOR SALE. DO NOT REPR
succeeded him. In 2021, incumbent President YY announced her intention to run for presidency in the
May 2022 COLLEGE
RTY OF SAN BEDA UNIVERSITY elections. The followingOFday,
PROPERTY SAN former President XX
BEDA UNIVERSITY declared on
COLLEGE nationalOF
PROPERTY television
SAN BEDAhis
UNIVERSITY C
intention to run against incumbent President YY. Manila City Mayor ZZ, who also announced on
Facebook Live his intention to run against both the incumbent and former presidents, questioned the
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
constitutionality of incumbent President YY’s and former President XX’s re-election. May BEDA UNIVERSITY C
incumbent
President YY
. NOT FOR SALE. DO NOT REPRODUCE.and former President XX be re-elected?
IncumbentCOLLEGE PROPERTY
President YY may OF SANUnder
be re-elected. BEDApar.
UNIVERSITY
1, Sec. 4, COLLEGE
of Art. VII of thePROPERTY OFno
Constitution, SAN BEDA UNIVERSI
person
AW. NOT FOR SALE.who
DO has
NOTsucceeded
REPRODUCE. as President and has
OF LAW. NOTserved
FOR as such
SALE. DOforNOT
more than 4 years shallOF
REPRODUCE. beLAW.
qualified
NOTforFOR
election
SALE. DO NOT R
to the same office at any time. Here, President YY only served for a period of 4 years. Hence, she may be re-
PERTY OF SAN BEDAelected.
Former President XX cannot be re-elected. Under par. 1, Sec. 4, of Art. VII of the Constitution, the
President shall PROPERTY
NOT be eligible for anyOF SAN BEDAHere,
re-election. UNIVERSITY COLLEGE
after having PROPERTY
served as President OF2016
from SAN to
BEDA UNIVERSITY C
2018,
. NOT FOR SALE. DOformer
NOT REPRODUCE. OFanymore
President XX cannot LAW. NOT be FOR SALE. DO NOT REPRODUCE.
re-elected. OF LAW. NOT FOR SALE. DO NOT REPR
7
PERTY OF SAN24.
BEDAPatatong
UNIVERSITYfiledCOLLEGE
his COC for President.
PROPERTYCOMELEC
OF SAN BEDA refused to give COLLEGE
UNIVERSITY due course toPROPERTY
his COC and declared
OF SAN BEDA UNIVERSI
him as nuisance candidate who could not wage a nationwide campaign and/or are not nominated by a
AW. NOT FOR SALE.political
DO NOT party
or are not supported by FOR SALE. DO NOT
a registered REPRODUCE.
political party with a OF LAW. NOT
national FOR SALE. DO NOT R
constituency.
PERTY OF SAN BEDAPetitioner
UNIVERSITY argues that the COMELEC indirectly amended the constitutional provisions on the SAN
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF BEDA UNIVERSI
electoral
process and limited
AW. NOT FOR SALE. DO NOT REPRODUCE. the power of the sovereign people to choose
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. their leaders. Is the refusal to give
due course to Patatong’s COC valid on the ground that he is a nuisance candidate?
Yes, it is valid. The disqualification of nuisance candidate is not an imposition of additional qualification,
but only to regulate the conduct of election. The COMELEC is mandated by the Constitution with the
administration of elections and endowed with considerable latitude in adopting means and methodsOF
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN
that willBEDA UNIVE
ensure NOTpromotion
REPRODUCE. OF LAW.
of free, orderly andNOT FOR SALE.
honest DO NOT
elections. REPRODUCE.
Moreover, OF LAW.
the Constitution NOT FOR
guarantees thatSALE. DO NO
only bona fide candidates for public office shall be free from any form of harassment and discrimination. The
PERTY OF SAN BEDAdetermination
UNIVERSITY ofCOLLEGE PROPERTY
bona fide candidates OF SAN BEDA
is governed by the UNIVERSITY
statutes, and COLLEGE
the concept, to PROPERTY
our mind is, OF SAN BEDA UNIVERSI
satisfactorily
AW. NOT FOR SALE.defined
DO NOTinREPRODUCE.
the Omnibus Election Code.NOT
OF LAW. Hence,
FORthe declaration
SALE. DO NOT made by the COMELEC
REPRODUCE. thatNOT
OF LAW. Patatong is a DO NOT R
FOR SALE.
nuisance candidate is valid (Pamatong v. COMELEC, G.R. No. 161872, April 13, 2004).
25.DO On
NOT FOR SALE. NOTJuly 25, 2019, President
REPRODUCE. X issued
OF LAW. NOT EO
FORNo. 284,
SALE. under
DO NOT Sec. 1 of which provides
REPRODUCE. that
OF LAW. NOT“Even
FORifSALE.
allowed
DO NOT REPRO
by law or by the ordinary functions of his position, a member of the Cabinet, undersecretary or
assistantCOLLEGE PROPERTY
secretary or other OF SANofficials
appointive BEDA UNIVERSITY COLLEGE
of the Executive PROPERTY
Department may, inOF SAN BEDA
addition UNIVERSITY CO
to his
NOT FOR SALE. DO primary
position, hold not moreNOT
thanFOR
twoSALE. DO NOT
positions REPRODUCE.
in the government andOFgovernment
LAW. NOT FOR SALE. DO NOT REPRO
corporations
and receive the corresponding compensation therefor; provided, that this limitation shall not apply to
PERTY OF SAN BEDA ad
UNIVERSITY
hoc bodiesCOLLEGE PROPERTY
or committees, OF SAN
or to boards, BEDA UNIVERSITY
councils or bodies of COLLEGE PROPERTY
which the President is theOF SAN BEDA UNIVERSIT
Chairman.”
Discuss the constitutionality
AW. NOT FOR SALE. DO NOT REPRODUCE. of E.O. No. 284.
E.O. No. 284 is unconstitutional. Under Sec. 13 of Art. VII, the Constitution provides that the President,
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
Vice-President, the Members of the Cabinet, and their deputies or assistants shall OF not,
LAW.unless
NOT FOR SALE. DO NOT RE
otherwise
provided in this Constitution, hold any other office or employment during their tenure. While all other appointive
officials inCOLLEGE PROPERTY
the civil service, OF SAN
under Sec. BEDA
7 of Art. UNIVERSITY
IX-B, COLLEGE
are allowed to hold otherPROPERTY OF SAN BEDA
office or employment UNIVERSITY CO
in the
NOT FOR SALE. DO government
NOT REPRODUCE. during their OF LAW.
tenure NOTsuch
when FOR isSALE. DO NOT
allowed REPRODUCE.
by law or by the primaryOFfunctions
LAW. NOT FOR positions,
of their SALE. DO NOT REPRO
members COLLEGE
TY OF SAN BEDA UNIVERSITY of the Cabinet,PROPERTY
their deputies andBEDA
OF SAN assistants may doCOLLEGE
UNIVERSITY so only whenPROPERTY
expressly authorized
OF SAN BEDAby the
UNIVERSITY CO
Constitution itself (Civil Liberties Union v. Executive Secretary, G.R. No. 83896, February 22, 1991). In this
NOT FOR SALE. DO case,
E.O. No. 284 in effect wouldNOT FOR
allow SALE. DO
a member of NOT REPRODUCE.
the Cabinet, OF LAW.
undersecretary NOT FOR
or assistant SALE. DO
secretary or NOT REPRO
other appointive
TY OF SAN BEDA UNIVERSITY COLLEGE officials PROPERTY
of the Executive Department
OF SAN to hold a maximum
BEDA UNIVERSITY COLLEGE of twoPROPERTY
positions in
OFthe government
and government corporations, in violation of Sec. 13 of Art. VII of the Constitution. Hence, E.O. No. 284 is null
NOTvoid.
26. Discuss the extent
NOT FOR SALE. DO NOT REPRODUCE. of immunity from suits of the President.
Sec. 17, COLLEGE
PERTY OF SAN BEDA UNIVERSITY Art. VII of the Constitution
PROPERTY OF provides
SAN BEDA that UNIVERSITY
"The President shall be immune
COLLEGE from suit
PROPERTY during
OF SAN his UNIVERSIT
BEDA
tenure. Thereafter, no suit whatsoever shall lie for official acts done by him or by others pursuant to his specific
orders during his tenure. The immunities provided shall apply to the incumbent President referred to in Art.
PERTY OF SAN BEDA XVII
UNIVERSITY COLLEGE
of this Constitution. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
“Incumbent Presidents are immune from suit or from being brought to court during the period of their
incumbencyCOLLEGE
and tenure” PROPERTY OF SAN
but not beyond. BEDA
In the UNIVERSITY
case of Nixon v.COLLEGE
Fitzgerald, the PROPERTY
US Supreme OFCourt
held that
the immunity
NOT FOR SALE. DO NOT REPRODUCE.of the president from civil damages covers only "official
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. acts". It does not include criminal
OF LAW. NOT FOR SALE. DOacts of NOT REPRO
the President. The presidential immunity from suit exists only in concurrence with the president’s incumbency
(Estrada v. Desierto, G.R.PROPERTY OF SAN146738,
Nos. 146710-15, BEDA UNIVERSITY COLLEGE
March 2 2001). PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE.
27.DO Is
NOTtheREPRODUCE. OF LAW.
principle of command NOT FOR SALE.
responsibility DO NOT
applicable REPRODUCE.
in the OF LAW. NOT FOR SALE. DO NOT REPRO
Philippine setting?
Yes. Command PROPERTY
responsibility OF SAN
pertains BEDA
to the UNIVERSITY
“responsibility of COLLEGE
commanders PROPERTY OF SAN BEDA
for crimes committed by UNIVERSIT
subordinate members of theOF LAW.forces
armed NOT FOR SALE.
or other DO NOT
persons REPRODUCE.
subject OFinLAW.
to their control NOT FOR
international warsSALE.
or DO NOT RE
PERTY OF SAN BEDA domestic
UNIVERSITY conflict.”
COLLEGE Although PROPERTY
originally used for ascertaining
OF SAN criminalCOLLEGE
BEDA UNIVERSITY complicity, thePROPERTY
command OF responsibility
SAN BEDA UNIVERSIT
doctrine has also found application in civil cases for human rights abuses. The command responsibility doctrine
nowNOT REPRODUCE.
constitutes a principle OF
of LAW. NOT FOR
international SALE.
law DO NOT REPRODUCE.
or customary international law OFin LAW. NOT FOR
accordance withSALE.
the DO NOT RE
incorporation
TY OF SAN BEDA UNIVERSITY clause of the
COLLEGE Constitution.
PROPERTY OF SANTheBEDA
president, being the
UNIVERSITY commander-in-chief
COLLEGE PROPERTY of OF
all SAN
armed forces,
BEDA UNIVERSITY CO
necessarily possesses control over the military that qualifies him as a superior within the purview of the
NOT FOR SALE. DO command
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT
responsibility doctrine (Rodriguez v. Arroyo, G.R. No. 191805, November 15, 2011). FOR SALE. DO NOT REPRO
8
LAW. NOT FOR28.SALE.
TheDOPresident
NOT REPRODUCE.
appoints the OF LAW.
Vice NOT FORasSALE.
President DO NOT REPRODUCE.
his Administration's Housing OF LAW.
Czar, NOT FORthat
a position SALE. DO NOT
requires the appointee to sit in the Cabinet. Although the appointment of the members of the Cabinet
requires COLLEGE
confirmation PROPERTY on
by the Commission OF Appointment
SAN BEDA UNIVERSITY
(CA), the COLLEGE PROPERTYdoes
Office of the President OF SAN
not BEDA UNIV
submitDOthe
NOT REPRODUCE.
appointment to the CA.OFMay
LAW.the
NOT
ViceFOR SALE. DO
President NOT REPRODUCE.
validly sit in the Cabinet?OF LAW.
(2017 NOT FOR SALE. DO N
Bar)
Yes. Par. 2, Sec. 3, of Art. VII of the Constitution provides that the Vice-President may be appointed as a
MemberDOofNOT
the REPRODUCE. OF LAW. NOTrequires
Cabinet and such appointment FOR SALE. DO NOT REPRODUCE.
no confirmation. OF LAW. NOT
Here, the Vice President FOR SALE. DO N
has been
appointed as the Administration’s Housing Czar, which is a Cabinet position. Following the language of the
Constitution, the Vice President’s appointment does not require confirmation by the Commission on
Appointments. OF LAW. may
Thus, the Vice President NOT validly
FOR SALE.
sit in DO
the NOT REPRODUCE.
Cabinet OF LAW. NOT FOR SALE. DO NOT
even without confirmation.
RTY OF SAN BEDA
29. UNIVERSITY
Margie hasCOLLEGE PROPERTY
been in the judiciary forOF SAN time,
a long BEDAstarting
UNIVERSITY
from COLLEGE PROPERTY
the lowest court. Twenty OF
(20)SAN BEDA
years fromUNIVERSITY C
her first year
. NOT FOR SALE. DO NOT REPRODUCE.in the judiciary, she was nominated as a Justice
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. in the Court of Appeals. Margie also
happens to be a first-degree cousin of the President. The Judicial and Bar Council included her in the
RTY OF SAN BEDA UNIVERSITY COLLEGE to the
short-list submitted PROPERTY
PresidentOF SAN BEDA
whose UNIVERSITY
term of office wasCOLLEGE
about to end –PROPERTY OF SAN
it was a month BEDAthe
before UNIVERSITY C
. NOT FOR SALE. DOnext
NOTpresidential
elections. OF LAW. NOT FOR SALE. DO NOT REPR
a. Can the President PROPERTY
still make OF SAN BEDA UNIVERSITY
appointments COLLEGE
to the judiciary PROPERTY
during the OF midnight
so-called SAN BEDA UNIVERSI
appointment
AW. NOT FOR SALE. DO NOT REPRODUCE. ban period?
b. Assuming that he can still make appointments, could he appoint Margie, his cousin? (2014
Bar)
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
a. Yes, the President may still make appointments. The prohibition against the President or Acting
President makingPROPERTY
appointmentsOF within
SAN BEDA UNIVERSITY
two months before COLLEGE PROPERTY
the next presidential OF SAN
elections BEDA
and up UNIVERSITY C
to the
end of the President's or Acting President's term does not refer to the Members of the Supreme Court NOT REPR
RTY OF SAN BEDA UNIVERSITY (De Castro v. JBC,
COLLEGE G.R. No. 191002,
PROPERTY MarchUNIVERSITY
OF SAN BEDA 17, 2010). COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT
b. REPRODUCE. OFcan
Yes, the President LAW. NOT FOR
appoint SALE. DO
his cousin. NOTSec.
Under REPRODUCE.
13, par. 2, Art.OF
VIILAW.
of theNOT FOR SALE.the
Constitution, DO NOT REPR
RTY OF SAN BEDA UNIVERSITYspouse and relatives
COLLEGE by consanguinity
PROPERTY or affinity
OF SAN BEDA within the
UNIVERSITY fourth civil degree
COLLEGE of theOF
PROPERTY President
SAN BEDA shall
UNIVERSITY C
not during his tenure be appointed as members of the Constitutional Commissions, or the Office of
the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, NOT REPR
including GOCCsPROPERTY OF SAN BEDA
and their subsidiaries. UNIVERSITY
Following COLLEGE
the rule of expressioPROPERTY OF SAN BEDA
unius est exclusio UNIVERSITY C
alterius,
the exclusion of the
. NOT FOR SALE. DO NOT REPRODUCE. OF judiciary
LAW. NOT means that the
FOR SALE. DOabove
NOT provision
REPRODUCE. does not preclude
OF LAW. the
NOTPresident
FOR SALE.from
DO NOT REPR
appointing his spouse and relatives by consanguinity or affinity within the fourth civil degree to the
judiciary.
AW. NOT FOR30.
SALE.Does
DO NOT
the President have theOF
REPRODUCE. LAW.toNOT
power FOR SALE.
dismiss DO NOT
a Deputy REPRODUCE.
Ombudsman? OF LAW. NOT FOR SALE. DO NOT R
No, theCOLLEGE
President hasPROPERTY
no power OF SAN BEDA
to dismiss UNIVERSITY
a Deputy COLLEGESec. 8(2)
Ombudsman. PROPERTY
of RA No.OF 6770
vesting
. NOT FOR SALE. DOdisciplinary
NOT REPRODUCE.
authority in theOF LAW. NOT
President overFOR
the SALE.
DeputyDO NOT REPRODUCE.
Ombudsman OF LAW. NOTofFOR
violates the independence SALE. DO
the Office of NOT REPR
the Ombudsman
RTY OF SAN BEDA UNIVERSITY and is thus
COLLEGE unconstitutional.
PROPERTY OF SANSubjecting the Deputy
BEDA UNIVERSITY OmbudsmanPROPERTY
COLLEGE to disciplineOF
and removal
SAN BEDAby UNIVERSITY C
the President, whose own alter egos and officials in the Executive Department are subject to the Ombudsman’s
. NOT FOR SALE. DOdisciplinary
authority, cannot NOT FOR
but seriously SALE.
place at DO
risk NOT REPRODUCE. of theOFOffice
the independence LAW.ofNOTthe FOR SALE. DO NOT REPR
Ombudsman
itself. Unfortunately, intrusion upon the constitutionally-granted independence is what Sec. 8(2) of RA No. 6770
exactly did. The law directly collided not only with the independence that the Constitution guarantees to the
. NOT FOR SALE. DOOffice
NOT REPRODUCE.
of the Ombudsman, OFbutLAW. NOT FOR
inevitably withSALE. DO NOTofREPRODUCE.
the principle OF LAW.
checks and balances that NOT FOR SALE.
the creation DO NOT REPR
of an
Ombudsman COLLEGE
office seeks PROPERTY
to revitalizeOF SAN BEDA
(Gonzales UNIVERSITY
III v. COLLEGE
Office of the PROPERTY
President, G.R. OF SAN
No. 196231, BEDA28,
January UNIVERSITY C
2014).
31. In 2001, President XX issued EO No. 12, creating the Presidential Anti-Graft Commission (PAGC) and
PERTY OF SAN BEDAvesting
it with the power to investigate or hear administrative cases or complaints for possible graft
DO NOT REPRODUCE.
corruption, OF LAW.
among others, NOT FOR
against SALE. DO NOT
presidential REPRODUCE.
appointees OF LAW.itsNOT
and to submit FOR SALE.
report and DO NOT R
recommendations to the President. In 2010, President YY issued EO 13, abolishing the PAGC and
transferring its functionsPROPERTY OF SAN
to the Office BEDA
of the UNIVERSITY
Deputy COLLEGE
Executive PROPERTY
Secretary for OF SAN
Legal Affairs BEDA UNIVERSITY C
(ODESLA),
. NOT FOR SALE. DOmore
NOT particularly
REPRODUCE. OF LAW. NOT FORInvestigative
to its newly-established SALE. DO NOT REPRODUCE.
and OF LAW.
Adjudicatory Division NOT FOR SALE. DO NOT REPR
(IAD).
9
PERTY OF SAN BEDAMeanwhile,
UNIVERSITYAA filed before PROPERTY
COLLEGE the IAD-ODESLA
OF SANaBEDA
complaint affidavit
UNIVERSITY for grave misconduct
COLLEGE PROPERTY OF against BB, UNIVERSI
SAN BEDA
who thereafter assailed the constitutionality of EO 13. BB argues that President YY, by the issuance of
AW. NOT FOR SALE.EO
DO13NOT REPRODUCE.
usurped on the power OFof
LAW.
the NOT FOR SALE.
legislature DOcreate
to: (1) NOT REPRODUCE. OF LAW.
a public office; and NOT FOR
(2) delegate SALE. DO NOT R
quasi-
PERTY OF SAN BEDAjudicial
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
powers to administrative agencies. Decide. UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
E.O. 13 is constitutional. Both arguments are not correct.
The first argument is not correct. Under Sec. 31 of E.O. 292, otherwise known as the Administrative Code
of 1987, the President is authorized to: (1) restructure the internal organization of the Office of the President
Proper by abolishing, consolidating, or merging units thereof or transferring functions from one unit toOF
another;
(2) transfer anyREPRODUCE.
function under the OF LAW.
Office NOT
of the FOR SALE.
President DOother
to any NOTDepartment
REPRODUCE. OFas
or Agency LAW.
well NOT FOR SALE. DO NO
as transfer
functions to the Office of the President from other Departments and Agencies; and (3) transfer any agency
PERTY OF SAN BEDAunder
UNIVERSITY COLLEGE
the Office PROPERTY
of the President OF SAN
to any other BEDA UNIVERSITY
Department COLLEGE
or Agency as PROPERTY
well as transfer agenciesOF SANOffice
to the BEDA UNIVERSI
AW. NOT FOR SALE.ofDO
theNOT
President from other departments
REPRODUCE. OF LAW. NOT or agencies.
FOR SALE.Here,
DO NOTboth REPRODUCE.
PAGC and ODESLA OFbelong
LAW. to theFOR
NOT Office of DO NOT R
SALE.
the President Proper. Therefore, reorganization by way of abolishing the PAGC and transferring its functions
PERTY OF SAN BEDAtoUNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
the ODESLA is allowable under Sec. 31 (1) of E.O. 292 (Pichay Jr. vs. Office of The Deputy Executive
AW. NOT FOR SALE.Secretary
DO NOT REPRODUCE. OF LAW. NOT
for Legal Affairs-Investigative and FOR SALE. DODivision,
Adjudicatory NOT REPRODUCE.
G.R. No. 196425,OF LAW.
July 24,NOT
2012,FOR SALE. DO NOT R
Perlas-
Bernabe Case).
NOT FOR SALE. DO NOTTheREPRODUCE.
second argument OFisLAW. NOTcorrect.
also not FOR SALE.
Sec. DO
17, NOT REPRODUCE.
Art. VII OFprovides
of the Constitution LAW. NOTthatFOR SALE. DO NOT REPRO
the President
shall have control
TY OF SAN BEDA UNIVERSITY COLLEGE of all the executive departments, bureaus
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE and offices. He shall ensure that the
PROPERTY OF SAN BEDA laws UNIVERSITY
be CO
faithfully executed. The obligation to see to it that laws are faithfully executed necessitates the corresponding
NOT FOR SALE. DO power
in the President to conduct investigations into the conduct of officials and employees in the executive DO NOT REPRO
PERTY OF SAN BEDA department.
UNIVERSITYHere, the IAD-ODESLA is a fact-finding and recommendatory body to the President, not having
the power to settle controversies and adjudicate cases. Thus, the President's authority to issue E.O. 13 and
constitute the IAD-ODESLA as OFhis
LAW. NOT FOR
fact-finding SALE. DOcannot
investigator NOT REPRODUCE. OF as
be doubted. After all, LAW. NOT
Chief FOR SALE.
Executive, he DO NOT RE
is granted full control over PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
the Executive Department to ensure the enforcement PROPERTY OF SAN BEDA UNIVERSIT
of the laws (Pichay Jr. vs.
Office of The Deputy Executive Secretary for Legal Affairs-Investigative and Adjudicatory Division, supra,
Perlas-Bernabe Case).
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
32. President D authorized the interment of the remains of the late President M in the Libingan UNIVERSITY CO
ng mga
NOT FOR SALE. DO Bayani
(LNMB). Because NOT
of this, FOR SALE.
various DO NOT
groups and REPRODUCE. OF LAW.civil
individuals filed special NOTactions
FOR SALE. DO NOT REPRO
in the
Supreme Court trying to prevent the interment of the remains of President M in LNMB. They alleged
that in 1992 PROPERTY
the government OF SAN
through BEDA UNIVERSITY
President COLLEGE
R and M’s family entered PROPERTY OF SAN BEDA
into an agreement UNIVERSITY CO
that the
NOT FOR SALE. DO body
of President M would NOT FOR
be interred SALE. DO
in Ilocos NOTDecide.
Norte. REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
The LNMB is considered as a national shrine for military memorials. The Philippine Veterans Affairs Office
NOT FOR SALE. DO (PVAO),
which is empowered NOT FOR SALE.
to administer, DOand
develop NOTmaintain
REPRODUCE. OF LAW.
military shrines, NOTthe
is under FOR SALE. DO NOT REPRO
supervision
and control of the Department of National Defense (DND). The DND in turn is under the control of the President.
PERTY OF SAN BEDA The
presidential power to control over the Executive branch of the Government is a self-executing provision of
the Constitution and does not require statutory implementation, nor may its exercise OF LAW. NOT much
be limited, FOR SALE.
less DO NOT RE
withdrawn by the
PERTY OF SAN BEDA UNIVERSITY COLLEGE legislature. As the incumbent president, President
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE D is free to demand, revoke, or rescind
PROPERTY OF SAN BEDA UNIVERSIT
political agreements entered into by his predecessors, and to determine policies which he considers, based
on informed judgment and presumed wisdom, will be most effective in carrying out his mandate (Ocampo v.
Enriquez, COLLEGE
TY OF SAN BEDA UNIVERSITY G.R. No. 225973, November
PROPERTY OF8, 2016).
SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE.
33.DO Criminal
incidents in Metro NOThave
Manila FOR SALE.
been DO NOT REPRODUCE.
perpetrated by ordinary OF LAW. NOT
criminals FORorganized
and by SALE. DO NOT REPRO
syndicates, whose members include active and former police/military personnel. In view of the
alarming COLLEGE PROPERTY
increase in violent OF SAN
crimes, BEDA UNIVERSITY
President COLLEGE
X ordered the PNP and the PROPERTY
Marines OF SAN BEDA
to conduct UNIVERSITY CO
joint
visibility patrols
NOT FOR SALE. DO NOT REPRODUCE. for the purpose of crime prevention and suppression.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. In his Letter of Instruction,
OF LAW. NOT FOR SALE. DO he NOT REPRO
stated that the training, skill, discipline and firepower of the organized syndicates prove well-above
the present capability of the local police alone to handle. Also, bombings have recently been
NOT FOR SALE. DO perpetrated
NOT REPRODUCE.by lawlessOF LAW. NOT
elements FOR SALE.malls,
in shopping DO NOT REPRODUCE.
public OF LAW.
utilities, and other NOTplaces.
public FOR SALE.
Atty.DO
Y NOT REPRO
filed a petition to annul the order and to declare the deployment of the Philippine Marines, null and
PERTY OF SAN BEDA void
UNIVERSITY COLLEGE
and unconstitutional. PROPERTY OF SAN
Is the petition BEDA UNIVERSITY COLLEGE
meritorious? PROPERTY OF SAN BEDA UNIVERSIT
No, the petition
PERTY OF SAN BEDA UNIVERSITY COLLEGEis not meritorious.
PROPERTY Sec.
OF18 of Art.
SAN BEDAVIIUNIVERSITY
of the Constitution
COLLEGEprovides PROPERTY
that whenever
OFitSAN
becomes
BEDA UNIVERSIT
necessary, the President may call out such armed forces to prevent or suppress lawless violence, invasion or
rebellion. The only criterion isOFthat
LAW. NOT FOR
“whenever SALE. DOnecessary.”
it becomes NOT REPRODUCE. OFisLAW.
The implication that NOT FOR SALE.
the President is DO NOT RE
given full COLLEGE
TY OF SAN BEDA UNIVERSITY discretion and wide latitudeOF
PROPERTY in SAN
the exercise of the power
BEDA UNIVERSITY to call. In thisPROPERTY
COLLEGE case, Atty OF
Y. SAN
failedBEDA
to show
UNIVERSITY CO
proof that the President’s decision is totally bereft of factual basis. The President as Commander-in-Chief has
NOT FOR SALE. DO aNOT
vast intelligence network to gather information, some of which may be classified as highly confidential or NOT REPRO
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO
10
affecting the security of the state. In the exercise of the power to call, on-the-spot decisions may be imperatively
necessary COLLEGEsituations
in emergency PROPERTY
(IBP v. OF SAN BEDA
Zamora, UNIVERSITY
G.R. No. COLLEGE
141284, August PROPERTY OF SAN BEDA UNIVERS
15, 2000).
PROPERTY OF34.
SAN BEDA UNIVERSITY
Proclamation COLLEGE
No. 216 PROPERTYdeclaration
was the President's OF SAN BEDA UNIVERSITY
of martial COLLEGE
law and/or PROPERTY
suspension OF SAN BEDA UNIV
of the privilege
of theDO
OF LAW. NOT FOR SALE. writ of habeas
NOT corpus which
REPRODUCE. is effective
OF LAW. NOT FOR forSALE.
60 days. Petitioner
DO NOT M posits that
REPRODUCE. OFmartial
LAW. NOTlaw FOR
is a SALE. DO N
measure of last resort and should be invoked by the President only after exhaustion of less severe
remedies. It contends that the extraordinary powers of the President should be dispensed sequentially,
i.e., first, REPRODUCE.
the power to call out theOF LAW.forces;
armed NOT FOR SALE. the
second, DO power
NOT REPRODUCE. OF LAW.ofNOT
to suspend the privilege the FOR
writ SALE. DO N
of habeas corpus; and finally, the power to declare martial law. It maintains that the President has no
discretion COLLEGE
to choose PROPERTY OFpower
which extraordinary SAN BEDA UNIVERSITY COLLEGE
to use. PROPERTY OF SAN BEDA UNIVERS
a. Does the President
OPERTY OF SAN BEDA UNIVERSITY COLLEGE have the discretion to choose which extraordinary
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE power to use?
b. The petitioners contend that the President had no sufficient factual basis for the issuance of
Proclamation No. 216 because, among others, acts of terrorism in Mindanao do not constitute
rebellion since there is no proof that its purpose is to remove Mindanao or any part thereof
from allegiance to the Philippines, its laws, or its territory, and that the President's Report
contained "false,OF LAW. NOTcontrived
inaccurate, FOR SALE. DOhyperbolic
and NOT REPRODUCE.
accounts." Is OF
theLAW. NOT FOR
petitioners' SALE. DO NOT REPR
contention
correct? PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
c. Distinguish the power of the Court to review the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of the writ of habeas corpus
underCOLLEGE
PERTY OF SAN BEDA UNIVERSITY Section 18, Article VII of OF
PROPERTY theSAN
1987BEDA
Constitution fromCOLLEGE
UNIVERSITY the power to PROPERTY
revoke by Congress.
AW. NOT FOR SALE. DOa.NOTYes,
REPRODUCE. OFdiscretion
the President has LAW. NOT FOR SALE.
to choose DOextraordinary
which NOT REPRODUCE. OFThe
power to use. LAW. NOT
1987 FOR SALE. DO NOT R
Constitution
gives the “President, as Commander-in-Chief, a 'sequence' of 'graduated powers'. From theSAN
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF BEDA
most to UNIVERSI
the least
AW. NOT FOR SALE. DO NOT REPRODUCE.benign, these are: the calling out power, the power
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. to suspend the privilege of the writ of
habeas corpus, and the power to declare martial law.” However, this graduation refers only to
hierarchy based PROPERTY
on scope and OF SAN
effectBEDA
and itUNIVERSITY COLLEGE
does not dictate PROPERTY
or restrict the mannerOF by
SAN BEDAthe
which UNIVERSITY C
President decides
. NOT FOR SALE. DO NOT REPRODUCE. OFwhich
LAW. power
NOT FOR to choose.
SALE. DOThe NOTpower to choose, initially,
REPRODUCE. OF LAW. which
NOT among these
extraordinary powers to wield in a given set of conditions is a judgment call on the part of the President.
The PROPERTY
power of judicial OF SAN
review does BEDA UNIVERSITY
not extend to calibratingCOLLEGE
the President'sPROPERTY OF SAN to
decision pertaining BEDA UNIVERSITY C
which
. NOT FOR SALE. DO NOT REPRODUCE. OF to
extraordinary power LAW.
availNOT
givenFOR SALE.
a set DOorNOT
of facts REPRODUCE.
conditions OF LAW. NOT
(Lagman v. Medialdea, G.R.FOR
No. SALE. DO NOT REPR
231658,
231771 & 231774, July 4, 2017, Covered Case).
b. REPRODUCE.
No, the Constitution OFrequires
LAW. NOT FOR SALE.
sufficiency DO NOT
of factual REPRODUCE.
basis, not accuracy. TheOF LAW. NOTforFOR
parameters SALE. DO NOT REPR
determining
the sufficiency
RTY OF SAN BEDA UNIVERSITY COLLEGE of factual basis are as follows: 1) actual
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE rebellion or invasion;
PROPERTY OF SAN requires
2) public safety BEDA UNIVERSITY C
it; the first two requirements must concur; and 3) there is probable cause for the President to believe
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE.
that there is actual rebellion or invasion." The phrase “sufficiency of factual basis” in Sec. 18, Art. VIIDO NOT REPR
of the Constitution should be understood as the only test for judicial review of the President's power
to declare martial law and suspend the privilege of the writ of habeas corpus." Accuracy is not the
AW. NOT FOR SALE. DO NOTsame
REPRODUCE. OFthe
as sufficiency as LAW. NOTrequires
former FOR SALE. DO NOT
a higher REPRODUCE.
degree of standard. ToOF LAW.precision
require NOT FORinSALE.
the DO NOT R
President's
PERTY OF SAN BEDA UNIVERSITY COLLEGEappreciation of facts would unduly burden him and
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE therefore impede the process of
PROPERTY OF SAN BEDA his UNIVERSI
decision-making (Lagman v. Medialdea, G.R. Nos. 231658, 231771 & 231774 (Resolution),
AW. NOT FOR SALE. DO NOTDecember
5, 2017, Covered Case).
c. The President's extraordinary powers of suspending the privilege of the writ of habeas corpus and
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
imposing martial law NOT FOR
are subject SALE.
to the veto DO NOTofREPRODUCE.
powers OF LAW. NOT FOR SALE. DO NOT REPR
the Court and Congress.
The Court may
. NOT FOR SALE. DO NOT REPRODUCE. OF strike
LAW. down the presidential
NOT FOR SALE. DO NOTproclamation
REPRODUCE.in an appropriate
OF LAW.proceeding filed by
NOT FOR SALE. DO NOT REPR
any citizen on the ground of lack of sufficient factual basis. In reviewing the sufficiency of the factual
basis PROPERTY
of the proclamation OF SAN BEDA
or suspension, theUNIVERSITY
Court considersCOLLEGE PROPERTYand
only the information OFdata
SANavailable
BEDA UNIVERSITY C
to the President
. NOT FOR SALE. DO NOT REPRODUCE. prior to or at the time of the declaration;
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. it is not allowed to "undertake an independent
investigation beyond the pleadings." On the other hand, Congress may revoke the proclamation or
RTY OF SAN BEDA UNIVERSITYsuspension, which revocation shall not be set aside by the President. CongressOFmay
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SANtake
BEDA UNIVERSITY C
into
consideration notOF LAW.
only NOT
data FOR SALE.
available priorDOto,NOT
but REPRODUCE. OF LAW. NOT
likewise events supervening theFOR SALE. DO NOT REPR
declaration.
Congress could probe deeper and further; it can delve into the accuracy of the facts presented before
it. Congress' PROPERTY is
review mechanism OFautomatic
SAN BEDA in UNIVERSITY
the sense thatCOLLEGE PROPERTY
it may be activated OF SANitself
by Congress BEDA UNIVERSI
AW. NOT FOR SALE. DO NOTatREPRODUCE.
any time after the proclamation
OF LAW. NOTorFOR
suspension
SALE. DOwas made
NOT (Lagman v. Medialdea,
REPRODUCE. OF LAW.supra, Covered
NOT FOR SALE. DO NOT R
Case).
11
PERTY OF SAN35.
BEDADoes Article VII,
UNIVERSITY Section 18 PROPERTY
COLLEGE of the Constitution require
OF SAN BEDA the Congress
UNIVERSITY to automatically
COLLEGE convene
PROPERTY in joint
session in the event that the President proclaims a state of martial law and/or suspends the privilege
AW. NOT FOR SALE.ofDO NOT
the writREPRODUCE.
of habeas corpusOF in LAW. NOT FOR SALE.
the Philippines or anyDO NOT
part REPRODUCE.
thereof? OF LAW. NOT FOR SALE. DO NOT R
AW. NOT FOR SALE. DONo.
NOTThe Congress is notOF
REPRODUCE. constitutionally
LAW. NOT FOR mandated
SALE. DOto convene in joint session OF
NOT REPRODUCE. except
LAW.toNOT
voteFOR
jointly to DO NOT R
SALE.
revoke the President's declaration or suspension. By the language of Sec. 18, Art. VII of the Constitution, the
Congress COLLEGE
is only required PROPERTY
to vote jointly OF SAN
to revoke BEDA UNIVERSITY
the President's COLLEGE
proclamation PROPERTY
of martial law OF SAN BEDA UNIVE
and/or suspension
of the privilege of the writ of habeas corpus.
PROPERTY OF SAN BEDAItUNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
is worthy to stress that the provision does not actually refer to a "joint session." The provision OF SAN
onlyBEDA UNIVE
requires REPRODUCE.
Congress OFthe
to vote jointly on LAW. NOT FOR
revocation SALE.
of the DO NOT proclamation
President's REPRODUCE.and/orOF LAW. NOT(Padilla
suspension FOR SALE. DO NO
v. Congress, G.R. No. 231671, July 25, 2017, Covered Case).
36. President Alfredo
AW. NOT FOR SALE. DO NOT REPRODUCE.died during his third
OF LAW. yearSALE.
NOT FOR in office.
DO NOTIn REPRODUCE.
accordance with theLAW.
OF Constitution,
NOT FOR Vice
SALE. DO NOT R
President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo's
ExecutiveCOLLEGE
Secretary, AnnaPROPERTY OFher
Maria, as SAN BEDA UNIVERSITY
replacement as Vice COLLEGE
President. ThePROPERTY
nominationOFwas
SANconfirmed
BEDA UNIVERSITY CO
by a majority
NOT FOR SALE. DO NOT REPRODUCE.of all the Members of the House of Representatives
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and the Senate, voting separately.
OF LAW. NOT FOR SALE. DO Is NOT REPRO
Anna Maria's assumption as Vice President valid? (2018 Bar)
NOT FOR SALE. DO NOTNo.
REPRODUCE.
Whenever thereOF LAW.
is a NOT in
vacancy FOR
theSALE.
OfficeDOof NOT REPRODUCE. during
the Vice-President OFthe
LAW. NOT
term for FOR SALE.
which DO NOT REPRO
he was
elected, the President shall nominate a Vice-President from among the Members of the Senate and the House
PERTY OF SAN BEDA of
UNIVERSITY COLLEGE
Representatives who shallPROPERTY OF SAN
assume office uponBEDA UNIVERSITY
confirmation by a COLLEGE
majority vote ofPROPERTY OF SANofBEDA
all the Members both UNIVERSIT
Houses of the Congress,
AW. NOT FOR SALE. DO NOT REPRODUCE. voting separately (CONST. Art. VII, Sec. 9).
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Here, Anna Maria was neither a member
of the Senate nor of the HOR. Hence, her assumption as Vice President is invalid.
37.DO Previous
NOT FOR SALE. petitions challenging
NOT REPRODUCE. OF LAW.the
NOTintended burial
FOR SALE. DOof theREPRODUCE.
NOT mortal remains ofOF
Marcos
LAW. at
NOTtheFOR
Libingan ng NOT REPRO
SALE. DO
mga Bayani were dismissed by the Supreme Court. Marcos was finally laid to rest at the LNMB around
noontimeCOLLEGE PROPERTY
of Nov 18, 2016. OF SAN
Petitioners BEDAthat
argue UNIVERSITY
the burialCOLLEGE
of Marcos atPROPERTY
the LNMB OFshould
SAN BEDA
not UNIVERSITY
be CO
allowed because it has the effect of not just rewriting history as to the Filipino people's act of revolting
against an authoritarian ruler but also condoning the abuses committed during the Martial Law, thereby
violating COLLEGE
the letter andPROPERTY OF 1987
spirit of the SAN BEDA UNIVERSITY
Constitution, COLLEGE
which PROPERTY OFcharter"
is a "post-dictatorship SAN BEDAandUNIVERSITY
a CO
"human rights
NOT FOR SALE. DO NOT REPRODUCE. constitution." Does the Court have authority
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. to check and override the President’s
decision to bury Marcos at the LNMB?
No, Court
AW. NOT FOR SALE. DO NOT has no authority
REPRODUCE. OF to
LAW.check and
NOT override
FOR SALE. theDO President’s decision to bury
NOT REPRODUCE. Marcos
OF LAW. at the
NOT FORLNMB.
SALE. DO NOT RE
The President's decision to bury Marcos at the LNMB is in accordance with the Constitution, the law or
PERTY OF SAN BEDA jurisprudence.
UNIVERSITY COLLEGE
Judicial powerPROPERTY
covers onlyOF
theSAN BEDA UNIVERSITY
recognition, COLLEGE
review or reversal PROPERTY
of the policy OFthe
crafted by SAN BEDA UNIVERSIT
political
departments OF LAW.
if and when a case NOT FOR
is brought SALE.
before DOthe
it on NOT REPRODUCE.
ground OF LAW. NOT FOR
of illegality, unconstitutionality SALE. DO NOT RE
or grave
abuse of discretion (i.e., blatant abuse of power or capricious exercise thereof). The determination of the
TY OF SAN BEDA UNIVERSITY COLLEGEsoundness,
wisdom, fairness, PROPERTY OFequitableness
justice, SAN BEDA UNIVERSITY COLLEGE
or expediency of a statutePROPERTY OF SAN
or what "ought to BEDA
be" asUNIVERSITY
a CO
NOT FOR SALE. DO matter
NOT REPRODUCE. OFthe
of policy is within LAW. NOTofFOR
realm andSALE. DObe
should NOT REPRODUCE.
addressed OF LAW.IfNOT
to the legislature. FOR SALE.
existing DO NOT REPRO
laws are
inadequate, the
TY OF SAN BEDA UNIVERSITY COLLEGE policy-determining branches of the government,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE specifically the duly elected representatives
who carry the mandate of the popular will, may be exhorted peacefully by the citizenry to effect positive
NOT FOR SALE. DO changes.
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
No matter how well-meaning, the Court can only air its views in the hopeOF LAW. NOT FORwould
that Congress SALE.take
DO NOT REPRO
notice (Ocampo v. Enriquez, G.R. No. 225973, August 8, 2017, Covered Case).
38. Petitioners A, B, C, and several others, who are all minors, duly represented and joined by their
respective parents, filed aOF LAW. NOTclass
taxpayers FOR SALE. DO NOTSecretary
suit against REPRODUCE.X of the OF LAW.They
DENR. NOT FOR
praySALE.
that DO NOT RE
PERTY OF SAN BEDA judgment
UNIVERSITYbe COLLEGE PROPERTY
rendered ordering OF SAN
Secretary BEDA
X to: UNIVERSITY
(1) cancel COLLEGE
all existing PROPERTY
timber license OF SANinBEDA
agreements the UNIVERSIT
country; and (2)
AW. NOT FOR SALE. DO NOT REPRODUCE. cease and desist from receiving, accepting, processing,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. renewing or approving new
timber license agreements. The minors assert that they “represent their generation as well as
generations PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
yet unborn.” PROPERTY OF SAN BEDA UNIVERSITY CO
a. Do the petitioners have locus standi to file the suit?
b. MayCOLLEGE PROPERTY
a person file a petitionOF SAN
for writBEDA UNIVERSITY
of kalikasan COLLEGE
in behalf PROPERTY OF SAN BEDA UNIVERSITY CO
of animals?
12
a. Yes, the petitioners have locus standi to file the suit. Their personality to sue in behalf of the
succeeding PROPERTY
generations can only OF SAN BEDA
be based on theUNIVERSITY
concept of COLLEGE PROPERTY
intergenerational OF SAN
responsibility BEDA UNIVERS
insofar
LAW. NOT FOR SALE. DO NOT
as REPRODUCE. OF LAW.
the right to a balanced NOT FOR
and healthful SALE.isDO
ecology NOT REPRODUCE.
concerned. OF LAW.
The minors’ assertion NOT right
of their FOR to
SALE.
a DO NOT
sound environment
OPERTY OF SAN BEDA UNIVERSITY COLLEGE constitutes,
PROPERTYatOF theSAN
same time,
BEDA the performance
UNIVERSITY of their obligation
COLLEGE PROPERTY toOFensure
SAN the
BEDA UNIVERS
protection of that right for the generations to come (Oposa v. Factoran, G.R. No. 101083, July 30,
1993). OF LAW.there
Applying the foregoing, NOT is
FORno SALE. DOthat
question NOTthe
REPRODUCE. OF LAW.
minors are representing NOT
their FOR SALE. DO NOT
generation
as well as generations
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE yetPROPERTY
unborn. Hence, the BEDA
OF SAN petitioners have locus
UNIVERSITY standi to filePROPERTY
COLLEGE the suit. OF SAN BEDA UNIV
OF LAW. NOT FOR SALE.b.DOYes.
NOTInREPRODUCE.
the case of OposaOF LAW. NOTthe
v. Factoran, FOR SALE. DO
Supreme NOT
Court REPRODUCE.
ruled OF to
that the personality LAW.
sue NOT FOR SALE. DO N
in behalf
of the succeeding PROPERTY
generations OFbeSAN
can only BEDA
based on UNIVERSITY
the concept ofCOLLEGE PROPERTY
intergenerational OF SAN BEDA UNIV
responsibility
insofar as the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. right to a balanced and healthful ecology is concerned.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. In Resident Marine Mammals
OF LAW. NOT FOR SALE. DO N
of The Protected Seascape Tanon Strait v. Reyes, the Court ruled that the need to give the Resident
Marine COLLEGE
Mammals legalPROPERTY OFbeen
standing has SAN BEDA UNIVERSITY
eliminated COLLEGE
by our Rules, which allow PROPERTY OFcitizen,
any Filipino SAN BEDA UNIVERS
as REPRODUCE.
a steward of nature,OF
to LAW.
bring aNOT
suitFOR SALE. DO
to enforce our NOT REPRODUCE.
environmental laws. It is OF LAW.
worth NOT
noting FORthat
here SALE. DO NOT
the Stewards
OPERTY OF SAN BEDA UNIVERSITY COLLEGEare joined as real parties in the Petition and
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE not just in representation of the named
cetacean species (G.R. No. 180771, April 21, 2015). Hence, applying Oposa v. Factoran and
Resident Marine Mammals of The Protected Seascape Tanon Strait v. Reyes, in environmental
RTY OF SAN BEDA UNIVERSITYcased, a person has
COLLEGE a legal personality
PROPERTY OF SAN BEDAto file a petition forCOLLEGE
UNIVERSITY writ of kalikasan in behalfOF
PROPERTY of animals
SAN BEDAandUNIVERSITY C
in their own right.
39. COMELEC promulgated Resolution No. 10015 which provided for the rules and regulations on the "Gun
PERTY OF SAN BEDABan."
UNIVERSITY COLLEGE
P Operators PROPERTY
which is an OF SAN
association BEDA UNIVERSITY
of licensed COLLEGEand company
security agencies PROPERTY OF SAN
security BEDA UNIVERSI
forces
assails the validity of OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
Resolution No. 10015 insofar as its application to private OF LAW. NOT FOR SALE. DO NOT R
security agencies (PSA)
PERTY OF SAN BEDAisUNIVERSITY
concerned.COLLEGE
However, thePROPERTY
OSG contends
OF SANthat
BEDAthe petition had
UNIVERSITY become moot
COLLEGE and academic
PROPERTY as UNIVERSI
OF SAN BEDA
Resolution No. 10015 is no longer in effect, since the election period already expired on June 8, 2016.
AW. NOT FOR SALE.IsDO
theNOT REPRODUCE.
case OF LAW.
moot given that the NOT elections
May 2016 FOR SALE.have
DO NOT REPRODUCE.
already taken place? OF LAW. NOT FOR SALE. DO NOT R
No. An action is considered “moot” when it no longer presents a justiciable controversy because the issues
. NOT FOR SALE. DOinvolved
have become academic or dead or when the matter in dispute has already OF been
LAW.resolved.
NOT FORHowever,
SALE. DO NOT REPR
the Supreme
RTY OF SAN BEDA UNIVERSITY Court has taken
COLLEGE cognizance
PROPERTY OF SANofBEDA
mootUNIVERSITY
and academic cases when
COLLEGE the case OF
PROPERTY wasSAN
capable
BEDA ofUNIVERSITY C
repetition yet evading review.
For thisCOLLEGE
RTY OF SAN BEDA UNIVERSITY exception to apply, the following
PROPERTY OF SANfactors must be present:
BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
a. The challenged action is in its duration too short to be fully litigated prior to its cessation or expiration;
and OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
b. ThereCOLLEGE PROPERTY
is a reasonable OF SAN
expectation BEDA
that UNIVERSITY
the same COLLEGE
complaining party wouldPROPERTY OF SAN
be subjected BEDA
to the sameUNIVERSITY C
action (PhilippineOF
. NOT FOR SALE. DO NOT REPRODUCE. Association
LAW. NOTofFOR Detective
SALE. DO and Protective
NOT REPRODUCE. Agency Operators
OF LAW.v.NOT Commission
FOR SALE.on DO NOT REPR
Elections, G.R. No. 223505, October 3, 2017, Covered Case).
Here, the election
AW. NOT FOR SALE. DO NOT REPRODUCE. period in 2016 was a total of only 150 days.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. There was thus notLAW.
OF enoughNOTtime
FOR forSALE.
the DO NOT R
resolution of the controversy. Moreover, the COMELEC has consistently issued rules and regulations on the
PERTY OF SAN BEDAGun
UNIVERSITY COLLEGEelections.
Ban for previous PROPERTY OF COMELEC
Thus, the SAN BEDA UNIVERSITY COLLEGE
is expected to PROPERTY
promulgate similar rulesOFin SAN BEDA UNIVERSI
the next
AW. NOT FOR SALE.elections.
DO NOT Prudence
REPRODUCE. OFdictates
accordingly LAW. NOTthat FOR SALE.exercise
the Court DO NOTitsREPRODUCE. OF LAW.
power of judicial review NOT settle
to finally FOR SALE.
this DO NOT R
controversy.
40. Congress passed RA No. 1234, providing that producers of certain graded films be entitled to
. NOT FOR SALE. DOincentives
equivalent to the amusement tax imposed and collected on the graded films by cities and
municipalities
RTY OF SAN BEDA UNIVERSITY in Metro Manila
COLLEGE andOF
PROPERTY other
SANhighly
BEDA urbanized
UNIVERSITYand independent
COLLEGE component
PROPERTY citiesBEDA
OF SAN in the
UNIVERSITY C
Philippines. Under Sec. 14 thereof, all revenue from the amusement tax on the graded film shall be
. NOT FOR SALE. DOdeducted
NOT REPRODUCE. OF the
and withheld by LAW. NOT FOR SALE.
proprietors, DO NOT
operators REPRODUCE.
or lessees of theatersOF
orLAW. NOTand
cinemas FORremitted
SALE. DO NOT REPR
within 30 days PROPERTY OF
from the termination of SAN BEDA UNIVERSITY
the exhibition COLLEGEFilm Council
to the Philippine PROPERTY OF shall
which SAN BEDA
rewardUNIVERSITY C
the corresponding
. NOT FOR SALE. DO NOT REPRODUCE. amusement tax to the producers of the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.graded film within 15 days from receipt
thereof. Such legislative grant of tax incentives was however declared by law to be unconstitutional,
PERTY OF SAN BEDAhaving been enacted
UNIVERSITY COLLEGEin violation of local
PROPERTY fiscalBEDA
OF SAN autonomy. On the
UNIVERSITY date of finality
COLLEGE of the decision,
PROPERTY the UNIVERSI
OF SAN BEDA
Cebu City alone is entitled to the taxes which it should have collected under the Local Government
AW. NOT FOR SALE.Code.
The City of Cebu
AW. NOT FOR SALE. DO NOT REPRODUCE.argues that a law which is declared unconstitutional
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. produces
OF LAW.no NOT
effect and
FOR is DO NOT R
SALE.
deemed not to have been enacted at all. Thus, the Philippine Film Council and the producers must
remit the taxes PROPERTY
due to all OF SAN the
LGUs. However, BEDA UNIVERSITY
latter COLLEGE
argue that they shouldPROPERTY OF SAN
not be required toBEDA UNIVERSITY C
refund
under the doctrine
. NOT FOR SALE. DO NOT REPRODUCE. of operative fact. Decide.
13
Philippine COLLEGE
PERTY OF SAN BEDA UNIVERSITY Film Council and the producers
PROPERTY OF SANareBEDA
correct. It is a well-settled
UNIVERSITY COLLEGE rule that an unconstitutional
PROPERTY act UNIVERSI
OF SAN BEDA
is not a law; it; confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative
AW. NOT FOR SALE.as
DOif NOT
it hasREPRODUCE.
not been passed atOF all.LAW. NOT FORtoSALE.
An exception DO NOT
the above REPRODUCE.
rule, OF LAW.
however, is the doctrine of NOT FOR SALE.
operative fact, DO NOT R
PERTY OF SAN BEDAwhich
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
applies as a matter of equity and fair play. It applies when a declaration of unconstitutionality will impose BEDA UNIVERSI
an undue burden
AW. NOT FOR SALE. DO NOT REPRODUCE. on those who have relied on the invalid law.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Here, to order the return of all the amounts
remitted to the Film Council and given to the producers of graded films, by all of the covered cities, actually
amounts COLLEGE
to hundreds of millions, ifPROPERTY
not billions.OF
To SAN
orderBEDA UNIVERSITY
the Film COLLEGE
Council and producers to PROPERTY OF SAN BEDA UNIVE
refund the incentives
would certainly impose a heavy, and possibly crippling, financial burden upon them who merely, and
presumably in good faith, complied with the legislative fiat subject of this case (Film Development Council of
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
the Philippines vs. Colon Heritage Realty Corp., G.R. No. 203754, June 16, 2015). PROPERTY OF SAN BEDA UNIVE
AW. NOT FOR41.
SALE.From
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.ofNOT
1986 to 2006, X served as a member of the faculty of the ABC University College Law,FOR SALE. DO NOT R
a state
PERTY OF SAN BEDAuniversity.
UNIVERSITY COLLEGE
While PROPERTY
being employed as OF SANXBEDA
such, was UNIVERSITY
concurrentlyCOLLEGE
employed asPROPERTY OF SAN
legal counsel of BEDA
the UNIVERSI
government in two
AW. NOT FOR SALE. DO NOT REPRODUCE. international arbitrations from 2003 to 2006. After
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. a break from government service,
X was appointed Associate Justice of the Supreme Court in 2010. When the position of the Chief
Justice was PROPERTY
declared vacant OF XSAN
in 2012, wasBEDA UNIVERSITY
required COLLEGE
to submit PROPERTY
all previous SALNs (up OF SAN BEDA 31,
to December UNIVERSITY CO
2011). However,
NOT FOR SALE. DO NOT REPRODUCE. X submitted only the SALNs from the end of
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. 2009 up to December 31, 2011 when DO
OF LAW. NOT FOR SALE. he NOT REPRO
was appointed Associate Justice. And in lieu of his SALNs from his previous government service, he
submittedCOLLEGE PROPERTY
a clearance from OF SAN BEDA
ABC University UNIVERSITY
College COLLEGEthat he
of Law, attesting PROPERTY
has beenOF SAN BEDA
cleared from UNIVERSITY
all CO
NOT FOR SALE. DO administrative
NOT REPRODUCE. OF LAW.and
responsibilities NOTaccountabilities.
FOR SALE. DO NOT REPRODUCE.
According OF LAW. NOTrecords
to X, his government FOR SALE. DO NOT REPRO
in the
academe are more than 15 years old, and thus it is reasonable to consider them impossible to be
PERTY OF SAN BEDA retrieved.
Nonetheless, X’s nomination has been accepted. He was appointed as Chief Justice of the Supreme
PERTY OF SAN BEDA Court
in 2012. In 2017, an impeachment complaint was filed by Atty. Y against Chief Justice X, alleging
that he failed to make truthful declarations in his SALNs. Meanwhile, the OfficeOF
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW.
of the NOT FOR
Solicitor SALE. DO NOT RE
General
initiated a quo warranto proceeding against Chief Justice X on the ground that the latter failed to show
that he isCOLLEGE PROPERTY
a person of proven OF SAN
integrity BEDA
which is UNIVERSITY COLLEGE
an indispensable PROPERTY
qualification OF SAN BEDA
for membership UNIVERSITY CO
in the
NOT FOR SALE. DO Judiciary
NOT REPRODUCE.
under Section OF7(3),
LAW. NOT FOR
Article SALE.
VIII of the DO NOT REPRODUCE.
Constitution. OF LAW.
Is a quo warranto NOT FOR SALE.
proceeding DO NOT REPRO
a proper
remedy to
TY OF SAN BEDA UNIVERSITY remove ChiefPROPERTY
COLLEGE Justice X,OFanSAN
impeachable officer? COLLEGE
BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY CO
REPRODUCE.
Chief Justice X OF
mayLAW. NOT FOR
be removed viaSALE.
a quoDO NOT REPRODUCE.
warranto proceeding. Sec. 2OF
ofLAW.
Art. XINOT FOR
of the SALE. DO NOT REPRO
Constitution
provides that
TY OF SAN BEDA UNIVERSITY The President,
COLLEGE the Vice-President,
PROPERTY OF SAN BEDAthe Members COLLEGE
UNIVERSITY of the SupremePROPERTY
Court, theOF Members
SAN BEDA of the
UNIVERSITY CO
Constitutional Commissions, and the Ombudsman may be removed from office on impeachment. The term
NOT FOR SALE. DO “may”
NOT REPRODUCE.
denotes discretion and cannot be construed as having a mandatory effect. Therefore, the Constitution NOT REPRO
allows theCOLLEGE
institution of a PROPERTY
quo warranto OFaction
SAN BEDA UNIVERSITY
against COLLEGE
an impeachable PROPERTY
officer. The OF SAN
rule therefore BEDA
is that UNIVERSITY CO
an act
or omission committed
NOT FOR SALE. DO NOT REPRODUCE. prior to or at the time of appointment or
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. election relating to an official's qualifications
OF LAW. NOT FOR SALE. DO to NOT REPRO
hold office as to render such appointment or election invalid is properly the subject of a quo warranto petition.
PERTY OF SAN BEDA However,
UNIVERSITY actsCOLLEGE
or omissions,PROPERTY
even if it relates
OF SAN to BEDA
the qualification
UNIVERSITY of integrity,
COLLEGEbeing PROPERTY
a continuingOF
requirement
SAN BEDA UNIVERSIT
but nonetheless committed during the incumbency of a validly appointed and/or validly elected official, cannot
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT
be the subject of a quo warranto proceeding, but which may either be impeachment if the public official
FOR SALE. DO NOT RE
PERTY OF SAN BEDA concerned
UNIVERSITYis COLLEGE
impeachable andPROPERTY
the actOF orSAN BEDA constitutes
omission UNIVERSITYanCOLLEGE
impeachablePROPERTY
offense, orOFdisciplinary,
SAN BEDA UNIVERSIT
administrative or
AW. NOT FOR SALE. DO NOT REPRODUCE. criminal action, if otherwise (Republic v. Sereno,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. G.R. No. 237428, May 11, 2018,
OF LAW. NOT FOR Covered
SALE. DO NOT RE
Case). In this case, Chief Justice X was shown to have been remiss in submitting all his SALNs prior to or at
the time ofCOLLEGE PROPERTY
his appointment, OF SAN
which failure BEDA
goes intoUNIVERSITY COLLEGEof integrity.
the very qualification PROPERTY
Hence,OFChief
SAN Justice
BEDA UNIVERSITY
X CO
may be removed
NOT FOR SALE. DO NOT REPRODUCE. via a quo warranto petition.
42. The Judicial and Bar Council (JBC) published in the Philippine Star and Philippine Daily Inquirer and
posted on the JBC website an announcement calling for applications or recommendations for 6 vacant
NOT FOR SALE. DO positions
NOT REPRODUCE.
of Associate OF LAW.ofNOT
Justice the FOR SALE. DO NOT
Sandiganbayan. REPRODUCE.
After screening and OF LAW. NOT
selection FOR SALE. the
of applicants, DO NOT REPRO
JBC submitted
TY OF SAN BEDA UNIVERSITY to the President
COLLEGE PROPERTY 6 separate lists, UNIVERSITY
OF SAN BEDA with five to seven nominees
COLLEGE each, forOF
PROPERTY theSAN
6 vacancies
BEDA UNIVERSITY CO
NOT FOR SALE. DO in
NOTthe Sandiganbayan. However, X, who was a nominee for the 6th vacancy, was instead appointed by
the President to the 1st vacancy. The nominees for the 1st vacancy, after having been bypassed,
PERTY OF SAN BEDA assailed the COLLEGE
UNIVERSITY President’s appointment
PROPERTY OFof X to the
SAN BEDAfirst vacancy, insisting
UNIVERSITY COLLEGEthat the President
PROPERTY OFcould only UNIVERSIT
SAN BEDA
choose one nominee from each of the 6 separate shortlists submitted by the JBC for each specific
vacancy, and no other, andOF LAW.
that anyNOT FOR SALE.made
appointment DO NOT REPRODUCE.
in deviation OF LAW.isNOT
of this procedure FOR SALE.
a violation of DO NOT RE
PERTY OF SAN BEDA the
UNIVERSITY COLLEGE
Constitution. PROPERTY
Is the argument OF SAN BEDA UNIVERSITY COLLEGE
correct? PROPERTY OF SAN BEDA UNIVERSIT
No, the argument is not correct. Under Sec. 9, Art. VIII of the Constitution, the Members of the Supreme
Court andCOLLEGE
judges of lowerPROPERTY
courts shallOF
beSAN BEDA by
appointed UNIVERSITY COLLEGE
the President from a list ofPROPERTY OF SAN BEDA
at least 3 nominees UNIVERSITY CO
prepared
NOT FOR SALE. DO by
NOTtheREPRODUCE.
Judicial and Bar Council
OF LAW. forNOT
every vacancy.
FOR TheNOT
SALE. DO power to recommend of
REPRODUCE. OFthe JBCNOT
LAW. cannot
FORbeSALE.
usedDOto NOT REPRO
restrict or limit the President's power to appoint as the latter's prerogative to choose someone whom he/she
14
considers worth appointing to the vacancy in the Judiciary is still paramount. As long as in the end, the
President COLLEGE
appoints PROPERTY
someone nominated byOF
theSAN
JBC,BEDA UNIVERSITYisCOLLEGE
the appointment valid. PROPERTY OF SAN BEDA UNIVERS
Here, although
OPERTY OF SAN BEDA UNIVERSITY X was nominated
COLLEGE PROPERTYforOFthe
SAN6th vacancy,
BEDA his appointment
UNIVERSITY COLLEGE to the 1st vacancy
PROPERTY is BEDA
OF SAN not UNIVERS
unconstitutional as he was nonetheless appointed by the President from a list of at least three nominees
LAW. NOT FOR SALE. DO NOTbyREPRODUCE.
prepared the JBC. Hence, OF
theLAW. NOT is
argument FOR
notSALE. DO(Aguinaldo
correct NOT REPRODUCE. OF LAW.
v. His Excellency NOT FOR
President SALE. DO NOT
Benigno
Simeon
PROPERTY OF SAN BEDA C. Aquino III,
UNIVERSITY G.R. No. 224302,
COLLEGE November
PROPERTY 29, BEDA
OF SAN 2016).UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT43.
FOR SALE.
What DO NOT
does REPRODUCE.
“proven competence,OF LAW. NOT
integrity, FOR SALE.
probity, DO NOT REPRODUCE.
and independence” mean? OF LAW. NOT FOR SALE. DO N
Under Sec. 7(3), Art. VIII of the Constitution, a member of the Judiciary must be a person of proven
competence, integrity, probity,OF
andLAW. NOT FOR SALE.
independence. To beDOof NOT REPRODUCE.
proven OF LAW.
integrity means that NOT FORmust
the applicant SALE. DO NOT
have established a
OPERTY OF SAN BEDA UNIVERSITY COLLEGEsteadfast adherence to moral and ethical principles.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE Primarily the JBC should see to it that
the candidates possess the minimum qualifications including integrity: a prerequisite and continuing
requirement for a Member of the Court. In Republic v. Sereno (G.R. No. 237428, May 11, 2018, Covered
Case), the COLLEGE
RTY OF SAN BEDA UNIVERSITY Court ruled thatPROPERTY
failure to file
OFthe
SANSALN
BEDAis UNIVERSITY
clearly violation of the law. ItPROPERTY
COLLEGE disregardsOF
theSAN
requirement
BEDA UNIVERSITY C
of transparency as deterrent to graft and corruption. For these reasons, public official who has failed to comply
. NOT FOR SALE. DOwith
requirement of filing the SALNNOTcannot
FOR SALE. DO to
be said NOTbe REPRODUCE. OF LAW.
of proven integrity and NOT may
the Court FOR consider
SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGEfrom holding
him/her disqualified PROPERTY OFoffice.
public SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
AW. NOT FOR44.
SALE.Congress
DO NOT REPRODUCE.
enacted R.A. No. OF LAW.
14344 NOT FOR
creating theSALE. DOMasuwerte
City of NOT REPRODUCE. OF LAW.
which took effect NOT FOR SALE.
on September 25, DO NOT R
2014. Section 23 of the law specifically exempts the City of Masuwerte from the payment of legal fees
in the cases that it wouldPROPERTY
file and/orOF SAN BEDA
prosecute UNIVERSITY
in the courts ofCOLLEGE
law. In two (2)PROPERTY
cases thatOF SAN the
it filed, BEDA UNIVERSITY C
City
. NOT FOR SALE. DOofNOT REPRODUCE.
Masuwerte OF LAW.
was assessed legalNOT
feesFOR SALE.
by the DO of
clerk NOT REPRODUCE.
court pursuant to RuleOF 141
LAW.(Legal
NOT FOR
Fees) SALE. DO NOT REPR
of the
Rules of Court.
RTY OF SAN BEDA UNIVERSITY The City of
COLLEGE Masuwerte
PROPERTY OF questions
SAN BEDAthe assessment
UNIVERSITY claiming that
COLLEGE it is exempt
PROPERTY OF SANfromBEDA
payingUNIVERSITY C
legal fees under Section 23 of its charter. Is the claim of exemption tenable? Explain. (2015 Bar)
No. Under Sec. 5 (5), Art. VIII of the Constitution, the Supreme Court shall have the power to promulgate
rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in
. NOT FOR SALE. DOallNOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
courts, the admission to the practice of law, the Integrated Bar, and legal assistance NOT
to the FOR SALE. DO NOT REPR
underprivileged.
The payment
RTY OF SAN BEDA UNIVERSITY COLLEGE of legal fees under Rule 141 of the Rules of Court
PROPERTY OF SAN BEDA UNIVERSITY COLLEGEis an integral part
PROPERTY OF SAN BEDAby
of the rules promulgated UNIVERSITY C
the Court pursuant to its rule-making power (Re: Petition for Recognition of the Exemption of the GSIS from
Payment of Legal Fees, A.M. No. 08-2-01-0, February 11, 2010). Hence, the Congress cannot repeal, alter, or
PERTY OF SAN BEDAsupplement
UNIVERSITY theCOLLEGE
rules concerning pleading,
PROPERTY OFpractice and procedure
SAN BEDA UNIVERSITYthrough a law seeking
COLLEGE exemption
PROPERTY fromBEDA
OF SAN the UNIVERSI
payment of court fees.
PERTY OF SAN45.
BEDAAUNIVERSITY COLLEGE
is the accused PROPERTY
in a criminal case forOF SAN BEDA
violation UNIVERSITY
of RA 9165 or theCOLLEGE PROPERTY
Comprehensive OF SAN
Dangerous BEDA UNIVERSI
Drugs
AW. NOT FOR SALE.Act
DOof 2002.
NOT A filed a Motion
REPRODUCE. OFtoLAW.
Allow
NOTtheFOR
Accused to Enter
SALE. DO into a Plea-Bargaining
NOT REPRODUCE. OF LAW.Agreement. The DO NOT R
NOT FOR SALE.
prosecution moved for the denial of the motion for being contrary to Section 23 of RA 9165 which
provides for PROPERTY
the prohibition OF SAN
against pleaBEDA UNIVERSITY
bargaining COLLEGE
on drug cases. IsPROPERTY OF of
Section 23 SANRA
BEDA UNIVERSITY C
9165
constitutional?
No. The 1987 Constitution textually altered the 1935 and 1973 Constitution by deletingOFthe
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN BEDA UNIVERSITY C
concurrent
. NOT FOR SALE. DOpower
of Congress to amend NOTthus
the rules, FORsolidifying
SALE. DOinNOT
one REPRODUCE. OF LAW. NOT
body the Court's rule-making FORSec.
powers. SALE. DO NOT REPR
5(5),
Art. VIII of the 1987 Constitution provides the power to promulgate rules concerning the protection and
enforcementCOLLEGE PROPERTY
of constitutional OF SAN BEDA
rights, pleading, UNIVERSITY
practice, COLLEGE
and procedure PROPERTY
in all courts OF SAN BEDA
belongs exclusively UNIVERSITY C
to the
Supreme Court.
. NOT FOR SALE. DO NOT REPRODUCE. Plea bargaining is a rule of procedure. It operates
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. as a means to implement an existing right
by regulating the judicial process for enforcing rights and duties recognized by substantive law and for justly
administering remedy and redress for a disregard or infraction of them (Estipona v. Lobrigo, G.R. No. 226679,
. NOT FOR SALE. DOAugust
NOT REPRODUCE.
15, 2017, CoveredOF LAW. NOT FOR SALE. DO NOT REPRODUCE.
Case). OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN46.
BEDAMay
UNIVERSITY COLLEGEconduct
the Ombudsman PROPERTY of acts
OF SAN BEDA
an investigation of a judgeCOLLEGE
UNIVERSITY in the exercise of the latter’s
PROPERTY OF SANofficial
BEDA UNIVERSI
functions alleged
AW. NOT FOR SALE. DO NOT REPRODUCE.to be in violation of the Anti-Graft and Corrupt
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Practices Act, in the absence of
OF LAW. NOT FOR SALE. an DO NOT R
administrative charge for the same acts before the Supreme Court?
No. Sec. 6, Art. VIII of the Constitution exclusively vests in the Supreme Court administrative supervision
over all courts and court personnel, from the Presiding Justice of the Court of Appeals to the lowest municipal
15
PERTY OF SAN BEDAtrial court clerk.
UNIVERSITY Thus, the Ombudsman
COLLEGE PROPERTYmay not initiate
OF SAN or investigateCOLLEGE
BEDA UNIVERSITY a criminal or PROPERTY
administrative
OF complaint
SAN BEDA UNIVERSI
before his office against petitioner judge, pursuant to his power to investigate public officers. The Ombudsman
AW. NOT FOR SALE.must
DO NOT REPRODUCE.
indorse the case to the OF LAW. NOT
Supreme FOR
Court, forSALE. DO NOT
appropriate REPRODUCE.
action OF LAW.
(Fuentes v. Office of theNOT FOR SALE. DO NOT R
Ombudsman-
PERTY OF SAN BEDAMindanao,
UNIVERSITY COLLEGE PROPERTY OF
G.R. No. 124295, October 23, 2001).SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
OF LAW. NOT FOR
47. SALE. DO NOT
Towards REPRODUCE.
the end of the year, theOF LAW. NOT FOR
Commission SALE.(COA)
on Audit DO NOT REPRODUCE.
sought the remainder OF LAW.
of its NOT FOR SALE. DO NO
appropriation
from the Department of Budget and Management (DBM). However, the DBM refused because the COA
PERTY OF SAN BEDAhad
UNIVERSITY COLLEGE a report
not yet submitted PROPERTY
on the OF SAN BEDA UNIVERSITY
expenditures COLLEGE
relative to the PROPERTY
earlier amount OFtoSAN
released BEDA UNIVERSI
it. And,
AW. NOT FOR SALE.pursuant
DO NOT REPRODUCE.
to the "no report, no release" policy of the DBM, COA is not entitled to any further releases DO NOT R
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE.
in the meantime. COA counters
PERTY OF SAN BEDA UNIVERSITY COLLEGE that such
PROPERTY OFaSAN
policy contravenes
BEDA UNIVERSITY theCOLLEGE
guaranty of fiscal autonomy
PROPERTY granted
by the Constitution. Is COA entitled to receive the rest of its appropriations even without complying
AW. NOT FOR SALE.with
DO NOT REPRODUCE.
the DBM policy? (2014 OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
Bar) OF LAW. NOT FOR SALE. DO NOT R
Yes. Under Sec. 5, Art. IX-A of the Constitution, the Commission shall enjoy fiscal autonomy. Their
NOT FOR SALE. DO approved
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
appropriations shall be automatically and regularly released. The provision NOT
means FOR
that no SALE. DO NOT REPRO
condition
to fund releases PROPERTY OF
to the constitutional SAN BEDA may
commissions UNIVERSITY COLLEGE
be imposed. To hold thatPROPERTY OF SAN
the COA may BEDA UNIVERSITY CO
be subjected
NOT FOR SALE. DO to
NOTwithholding or reduction
REPRODUCE. OFofLAW.
fundsNOT
would
FORplace petitioner
SALE. DO NOTand the other entitiesOF
REPRODUCE. vested
LAW.with
NOTfiscal
FORautonomy
SALE. DO NOT REPRO
on equal footing with all others which are not granted the same autonomy, thereby reducing to naught the
PERTY OF SAN BEDA distinction
UNIVERSITY established
COLLEGEby thePROPERTY
Constitution
OF(CSC
SANv.BEDA
DBM,UNIVERSITY
G.R. No. 158791, FebruaryPROPERTY
COLLEGE 10, 2006). OF SAN BEDA UNIVERSIT
AW. NOT FOR 48.
SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
A, B and C are permanent employees of the provincial government of Zamboanga OF LAW.
delNOT FOR SALE.
Sur who were DO NOT RE
among those
TY OF SAN BEDA UNIVERSITY terminated
COLLEGE by Governor
PROPERTY D inBEDA
OF SAN view UNIVERSITY
of the reorganization
COLLEGE pursuant to R.A.
PROPERTY OFNo.
SAN8973.
BEDANew
UNIVERSITY CO
employees as well as those previously holding lower positions are appointed and replaced A, B and
NOT FOR SALE. DO C,
NOT REPRODUCE.
who brought the matterOF LAW. NOT
to CSC FOR SALE.
Regional DO No.
Office NOTIX.
REPRODUCE. OF LAW.
The latter invalidated theNOT FOR SALE. DO NOT REPRO
96 appointments,
holding that it violated PROPERTY OF SAN
R.A. No. 6656, BEDA
which UNIVERSITY
provides COLLEGE
that officers PROPERTY
and employees OF SAN
holding BEDA UNIVERSITY CO
permanent
appointments
NOT FOR SALE. DO NOT REPRODUCE. shall be given preference for appointment
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.to the new positions and that
OF LAW. NOT FOR SALE.no new
DO NOT REPRO
employees shall be taken in until all permanent officers and employees have been appointed. Can CSC
invalidateCOLLEGE PROPERTY
the appointments madeOF by SAN BEDA A?
Governor UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
Yes. Appointment, by its very nature, is a highly discretionary act. In certain occasions, however, the
selection COLLEGE PROPERTY
of the appointing authority OF SAN BEDA
is subject UNIVERSITY
to review COLLEGE
by respondent PROPERTY
CSC. Indeed, OF function
the only SAN BEDA UNIVERSITY CO
of the
CSC is merely to OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
ascertain whether the appointee possesses the minimum OF LAW. NOT FOR SALE. DO
requirements under the law; if it is NOT REPRO
so, then the CSC has no choice but to attest to such appointment. However, in light of the circumstances
PERTY OF SAN BEDA unique
UNIVERSITY COLLEGE reorganization,
to a government PROPERTY suchOF SAN BEDA UNIVERSITY
pronouncements must COLLEGE PROPERTY
be reconciled with OF SANofBEDA
the provisions R.A. UNIVERSIT
No. NOT
AW. NOT FOR SALE. DO 6656.REPRODUCE.
There is no encroachment
OF LAW.on NOTtheFOR
discretion of the
SALE. DO NOTappointing authority when
REPRODUCE. the CSC
OF LAW. NOTrevokes
FOR SALE.an DO NOT RE
appointment on the ground that the removal of the employee was done in bad faith. In such instance, the CSC
PERTY OF SAN BEDA is
UNIVERSITY
not actuallyCOLLEGE
directing the PROPERTY
appointment OFofSAN BEDAbut
another UNIVERSITY COLLEGE
simply ordering PROPERTYofOFthe
the reinstatement SAN BEDA UNIVERSIT
illegally
removed employee (Cerilles OFvs. LAW. NOT FOR
Civil Service SALE. DO NOT
Commission, G.R.REPRODUCE. OF LAW.
No. 180845, November 22, NOT
2017,FOR SALE. DO NOT RE
Covered
Case).
NOT FOR SALE.
49.DO R
NOT REPRODUCE.
possessed a Career OF LAW.Executive
Service NOT FOR SALE. DO NOT
Eligibility REPRODUCE.
(CSEE) and served asOF LAW. NOT
Assistant FOR SALE.
Secretary DO NOT REPRO
of the
DND, while H,
TY OF SAN BEDA UNIVERSITY COLLEGE who also had a CSEE, held the position of Chief
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of the Administrative Service Office of
the DND. Later, DND Sec. V ordered the termination of 11 officials of the DND, including H on account
NOT FOR SALE. DO of
their lack of the CSEE. He also ordered to re-designate R as Assistant Secretary for Strategic DO NOT REPRO
Assessment of the DND, from which later on he was terminated. R and H appealed before the Civil
Service Commission (CSC) on the ground of illegal termination. Upon appeal, the Court of Appeals
NOT FOR SALE. DO held
NOT REPRODUCE.
that the CSC had no OF jurisdiction
LAW. NOT FOR overSALE. DO case
the R's NOT REPRODUCE. OFExecutive
because the Career LAW. NOTService
Board
was the governing
TY OF SAN BEDA UNIVERSITY COLLEGE bodyPROPERTY
for the Career
OF SANExecutive Service (CES).
BEDA UNIVERSITY Does CSCPROPERTY
COLLEGE have jurisdiction over the
case of illegal termination of DND personnel holding CES position?
Yes. TheCOLLEGE
PERTY OF SAN BEDA UNIVERSITY CSC is one ofPROPERTY
the three OF
independent
SAN BEDAConstitutional
UNIVERSITY Commissions
COLLEGE invested
PROPERTYwithOFadjudicative
SAN BEDA UNIVERSIT
powers to render final arbitration on disputes and personnel actions involving matters relating to the Civil
AW. NOT FOR SALE. DO NOT On
Service. REPRODUCE. OF LAW.
the other hand, the CESBNOT
was FOR SALE. DO
established NOT REPRODUCE.
pursuant OF LAW. NOT Plan
to the Integrated Reorganization FOR SALE.
(IRP) DO NOT RE
PERTY OF SAN BEDA to
serve as the governing body of the CES. Although the CESB is expressly empowered to promulgate rules, BEDA UNIVERSIT
standards and procedures
AW. NOT FOR SALE. DO NOT REPRODUCE. on the selection, classification, compensation
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and career development of
OF LAW. NOT FOR SALE. the DO NOT RE
members of the CES, the power and function to hear and decide administrative cases on all personnel and
civil service PROPERTY
matters remained to beOF SAN
duty BEDA
and UNIVERSITY
function COLLEGE
of the CSC PROPERTY
as the central OF agency
personnel SAN BEDA UNIVERSITY CO
of the
NOT FOR SALE. DO Government.
NOT REPRODUCE.The mere fact
OF that
LAW. the positions
NOT involved
FOR SALE. DO in these
NOT cases were CESOF
REPRODUCE. positions doesFOR
LAW. NOT not divest
SALE. the
DO NOT REPRO
16
CSC of its constitutional power to hear and decide the cases (Feliciano vs. Department of National Defense,
G.R. COLLEGE
Nos. 199232 PROPERTY OF
& 201577 (Resolution), SAN BEDA
November UNIVERSITY
8, 2017, CoveredCOLLEGE
Case). PROPERTY OF SAN BEDA UNIVERS
OF LAW. NOT50.
FOR Pedro
SALE. DO NOTaREPRODUCE.
bought OFSmart
parcel of land from LAW. NOT FOR SALE.
Corporation, DO NOT
a realty REPRODUCE.
firm OF LAW.
engaged in developing NOT
and FOR SALE. DO N
selling
lots to the public. One of the restrictions in the deed of sale which was annotated in the title is that the
lot shall be used by the buyer exclusively for residential purposes. A main highway having been
constructed OF LAW. the
across the subdivision, NOTarea
FOR became
SALE. DOcommercial
in nature. The NOT FORlater
municipality SALE. DO NOT
passed a zoning ordinance
OPERTY OF SAN BEDA UNIVERSITY COLLEGE declaring the area as a commercial bank
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE building on his lot. Smart
Corporation went to court to stop the construction as being violative of the building restrictions
imposed by it. The corporation contends that the zoning ordinance cannot nullify the contractual
obligation assumed
RTY OF SAN BEDA UNIVERSITY COLLEGE by the buyer. Decide
PROPERTY OF SAN theBEDA
case.UNIVERSITY
(1989, 2001COLLEGE
Bar) PROPERTY OF SAN BEDA UNIVERSITY C
The OF LAW.Such
case must be dismissed. NOTaFOR SALE. DO
restriction NOT
in the REPRODUCE.
contract cannot prevailOF LAW.
over the NOT FOR
zoning SALE. DO NOT REPR
ordinance,
because theCOLLEGE
enactment ofPROPERTY OF SAN
the ordinance is aBEDA
valid UNIVERSITY COLLEGE
exercise of police power. It PROPERTY OFtoSAN
is hazardous BEDA
health UNIVERSITY C
and
. NOT FOR SALE. DOcomfort to use the lot for OF
NOT REPRODUCE. residential
LAW. NOT purposes,
FOR SALE.sinceDOaNOT
highway crosses the subdivision
REPRODUCE. and FOR
OF LAW. NOT the area
SALE.has
DO NOT REPR
become commercial. Non-impairment of contracts or vested rights clauses will have to yield to the superior
PERTY OF SAN BEDAand
UNIVERSITY
legitimate COLLEGE
exercise by thePROPERTY OF SAN
state of police BEDA
power UNIVERSITY
to promote COLLEGE
the health, morals, PROPERTY OF SANgood
peace, education, BEDA UNIVERSI
order, safety and general welfare of the people. While our legal system upholds the sanctity of contract so that
a contract is deemed law between the contracting parties, nonetheless, stipulations in the contract cannot
PERTY OF SAN BEDAcontravene
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF would
“law, morals, good customs, public order, or public policy.” Otherwise such stipulations SAN BEDA
be UNIVERSI
AW. NOT FOR SALE.deemed
DO NOTnullREPRODUCE.
and void (OrtigasOF LAW.
& Co. Ltd.NOT FOR SALE.
Partnership vs. DO NOT
Feati REPRODUCE.
Bank & Trust Co., G.R. OF
No.LAW. NOTDecember
L-24670, FOR SALE. DO NOT R
14, 1979).
51. DOR.A.
. NOT FOR SALE. NOTNo. 7432 was passed
REPRODUCE. intoNOT
OF LAW. lawFOR
which
SALE.granted
DO NOTsenior citizens a 20%
REPRODUCE. discount
OF LAW. NOT FORon SALE.
certain
DO NOT REPR
establishments. Subsequently, R.A. 9527 amended some provisions of R.A. No. 7432. Establishments
may claim the discount as tax deduction based on the net cost of the goods sold or services rendered.
. NOT FOR SALE. DOPetitioners
NOT REPRODUCE. OFscheme
claim that the LAW. NOT is FOR SALE.
against DOConstitution
the NOT REPRODUCE. OF LAW.
which provides thatNOT FORproperty
private SALE. DO NOT REPR
should not be taken for public use without just compensation because tax deduction does not meet
the definition PROPERTY
of compensation. OF contention
Is the SAN BEDA UNIVERSITY
of petitionerCOLLEGE
correct? PROPERTY OF SAN BEDA UNIVERSITY C
No, the contention
RTY OF SAN BEDA UNIVERSITY COLLEGE is not correct. The 20% discount granted
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE in favor of senior citizens is
PROPERTY OFanSAN
exercise
BEDA of
UNIVERSITY C
police power, not the power of eminent domain. The tax deduction does not purport to appropriate or burden
. NOT FOR SALE. DOspecific
NOT REPRODUCE.
properties, used in the operation or conduct of the business of private establishments, for the use or NOT REPR
PERTY OF SAN BEDAbenefit of the public,
UNIVERSITY COLLEGEor seniorPROPERTY
citizens forOF
thatSAN
matter,
BEDA but merely regulates
UNIVERSITY the pricing
COLLEGE of goods and
PROPERTY services
relative to, and the amount of profits or income/gross sales that such private establishments may derive from,
AW. NOT FOR SALE.senior
DO NOT REPRODUCE.
citizens. This is a valid OF LAW. of
exercise NOT FORpower
police SALE.and
DO notNOT of REPRODUCE. OF LAW.
eminent domain similar NOTregulations
to price FOR SALE. DO NOT R
and rate of return on investment PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
control laws which protect consumers from oppressive PROPERTY OF SAN
pricing systems BEDA UNIVERSI
(Manila
Memorial Park
AW. NOT FOR SALE. DO NOT REPRODUCE.and La Funeraria Paz-Sucat vs. Secretary of the DSWD,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. G.R. No.175356, December
OF LAW. NOT FOR 3, 2013).
SALE. DO NOT R
52. X is the owner of the X-Estate. The Land Bank of the Philippines valued X-Estate at 1000 per hectare
for expropriation. On a later date the land registry cancelled X’s title and transferred the Estate to the
. NOT FOR SALE. DODepartment
NOT REPRODUCE.
of Agrarian OF LAW. X
Reform. NOT FOR
filed SALE.for
a case DOdetermination
NOT REPRODUCE. OF LAW. NOTwith
of just compensation FORthe
SALE.
RTC,DO NOT REPR
while the DAR moved to dismiss the case for lack of jurisdiction. Will X’s case prosper?
Yes, OF LAW.The
the case may prosper. NOT FORas
RTC, SALE. DO NOT
a Special REPRODUCE.
Agrarian OF LAW. NOT
Court, has jurisdiction FOR SALE.just
to determine DO NOT REPR
compensation
RTY OF SAN BEDA UNIVERSITY which is essentially
COLLEGE PROPERTYaOFjudicial function.
SAN BEDA In the exercise
UNIVERSITY COLLEGEof the PROPERTY
Court’s judicial
OF SANfunction
BEDA of
UNIVERSITY C
determining just compensation, the RTC-SACs are not granted unlimited discretion and must consider and
. NOT FOR SALE. DOapply
NOT the
REPRODUCE.
R.A. No. 6657- OF LAW. NOTfactors
enumerated FOR SALE. DODAR
and the NOTformula
REPRODUCE. OF LAW.
that reflect these NOTThese
factors. FOR SALE. DO NOT REPR
factors
PERTY OF SAN BEDAand formula provide
UNIVERSITY COLLEGEthe uniform framework
PROPERTY or structure
OF SAN for the computation
BEDA UNIVERSITY COLLEGEof the PROPERTY
just compensation
OF SANfor a UNIVERSI
BEDA
property subject to agrarian reform (Department of Agrarian Reform vs. Galle, G.R. No. 171836 & 195213,
AW. NOT FOR SALE.October
DO NOT2,REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
2017, Covered Case). OF LAW. NOT FOR SALE. DO NOT R
53. The Republic commenced
AW. NOT FOR SALE. DO NOT REPRODUCE. a suit against respondent PL Telecoms
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. praying for
OFthe
LAW.right
NOT to FOR
demand
SALE. DO NOT R
interconnection between the Government Telephone System and that of PL Telecoms, so that the
Government
RTY OF SAN BEDA UNIVERSITY TelephonePROPERTY
COLLEGE System could
OF SANmake
BEDAuse of the lines
UNIVERSITY and facilities
COLLEGE of the
PROPERTY respondent.
OF SAN BEDA UNIVERSITY C
Respondent contends that it cannot be compelled to enter into a contract where no agreement is had
between them. Resolve.
17
While it is true that respondent cannot be compelled to enter into a contract with the Government, there
AW. NOT FOR SALE.is,
DO NOT REPRODUCE.
however, no cogent reasonOFwhyLAW. NOT FOR
the power SALE. DO
of eminent NOTmay
domain REPRODUCE.
not be availed ofOF LAW. NOT
to impose onlyFOR SALE. DO NOT R
a burden
PERTY OF SAN BEDAupon
UNIVERSITY
the owner of condemned property, without loss of title and possession. If, under Sec. 6, Art. XIII, ofBEDA
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN the UNIVERSI
Constitution, the
AW. NOT FOR SALE. DO NOT REPRODUCE. State may, in the interest of national welfare, transfer
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. utilities to public ownership upon
payment of just compensation, there is no reason why the State may not require a public utility to render
services COLLEGE
in the general PROPERTY
interest, provided just OF SAN BEDA UNIVERSITY
compensation COLLEGE
is paid therefore. PROPERTY
Hence, while OF SAN
the Republic mayBEDA UNIVE
not compel respondent to celebrate a contract with it, the Republic may, in the exercise of the power of eminent
domain, require the telephone company to permit interconnection of the government telephone system and
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
that of the respondent, as the needs of the government service may require, subject to the payment OFofSAN
justBEDA UNIVE
compensation to be determined by OFthe
LAW.
courtNOT FOR SALE.
(Republic DO NOT REPRODUCE.
vs. Philippine OF LAW.
Long Distance Telephone NOT
Co., FOR
G.R. No.SALE. DO NO
L-18841, January 27, 1969).
54. A law was enacted in 1953 containing a provision for the construction, reconstruction, repair,
AW. NOT FOR SALE.extension
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
and improvement of Pasig feeder road terminals within Antonio
Subdivision owned by
Senator JCZ.
TY OF SAN BEDA UNIVERSITY JCZ “donated”
COLLEGE said OF
PROPERTY parcels of land
SAN BEDA to the Government
UNIVERSITY COLLEGE 5 months after the
PROPERTY OF enactment of
the law, on the condition that if the Government violates such condition the lands would revert to JCZ.
NOT FOR SALE. DO The
NOTprovincial
governor of Rizal, WP, questioned the validity of the donation and the Constitutionality NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGEprovision,
of the particular PROPERTY
it beingOF an
SANappropriation
BEDA UNIVERSITY COLLEGE
not for PROPERTY
a public purpose. OF appropriation
Is the SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO valid?
PERTY OF SAN BEDA UNIVERSITY COLLEGE is invalid.
No, the appropriation PROPERTY OF SAN BEDAofUNIVERSITY
The appropriation COLLEGE
an amount for PROPERTY
the construction OFowned
on a land SAN BEDA
by a UNIVERSIT
private individual is an invalid imposition since it results in the promotion of private enterprise, and it only
benefits the property of a particular individual. The right of the legislature to appropriate funds is correlative
PERTY OF SAN BEDA with
UNIVERSITY
its right COLLEGE PROPERTY
to tax, and, under OF SANprovisions
constitutional BEDA UNIVERSITY COLLEGE
against taxation except PROPERTY OF SAN BEDA
for public purposes and UNIVERSIT
prohibiting the collection of a OF
tax LAW.
for oneNOT FOR and
purpose SALE.
theDO NOT REPRODUCE.
devotion OF LAW. no
thereof to another purpose, NOT FOR SALE. DO NOT RE
appropriation
of state funds can be made for other than a public purpose. Incidental advantage to the public or to the state,
which results PROPERTY
from the promotion OF SAN
of private BEDA UNIVERSITY
interests COLLEGE
and the prosperity of private PROPERTY
enterprises OF SAN BEDA
or business, UNIVERSITY CO
does
not justify their
NOT FOR SALE. DO NOT REPRODUCE. aid by use of public money (Pascual vs. Secretary
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of Public Works, G.R. No. L-10405,
December 29, 1960).
55.DO Y
NOT FOR SALE. is the
NOT wife of X. OneOF
REPRODUCE. day, Y entered
LAW. NOT FORthe clinic
SALE. DO of herREPRODUCE.
NOT husband, a doctor
OF of medicine,
LAW. NOT FOR and in the
SALE. DO NOT REPRO
presence of her mother, a driver and X's secretary, forcibly opened the drawers and cabinet in her
husband'sCOLLEGE PROPERTY
clinic and took OF SAN
documents BEDA UNIVERSITY
consisting COLLEGE
of private correspondence PROPERTY
between XOF SAN
and hisBEDA UNIVERSITY CO
alleged
NOT FOR SALE. DO paramours,
greetings cards, NOT FOR
cancelled SALE.diaries,
checks, DO NOTX'sREPRODUCE. OF LAW. NOT
passport, and photographs. FOR
The SALE. DO NOT REPRO
documents
and papers were seized for use in evidence in a case for legal separation and for disqualification from
UNIVERSITY
practice COLLEGE PROPERTY
of medicine which OF SAN
petitioner hadBEDA
filed UNIVERSITY
against her COLLEGE
husband. X, hencePROPERTY OF SAN
brought BEDA UNIVERSIT
an action
for the
AW. NOT FOR SALE. DO NOTrecovery of the documents
REPRODUCE. OF LAW.and
NOTpapers and for
FOR SALE. DOdamages against Y. Decide.
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
Even though the general rule is that the provisions found in the Bill of Rights can only be used against the
stateNOT
andREPRODUCE. OF LAW. NOT
its agents in the performance FORofficial
of their SALE.functions
DO NOT(People
REPRODUCE. OFNo.
v. Marti, G.R. LAW. NOTJanuary
81561, FOR SALE.
18, DO NOT RE
1991), there may be instances where the bill of rights may be invoked against private individuals. In Zulueta
vs. Court COLLEGE
of Appeals (G.R. PROPERTY OF SAN
No. 107838, BEDA20,
February UNIVERSITY
1996), the COLLEGE
Court ruled that PROPERTY OF SAN injunction
the constitutional BEDA UNIVERSITY CO
NOT FOR SALE. DO declaring
NOT REPRODUCE.
"the privacy of OF LAW. NOT FOR
communication andSALE. DO NOT REPRODUCE.
correspondence [to be] inviolable"OFis LAW.
no lessNOT FOR SALE.
applicable DO NOT REPRO
simply
because it is
TY OF SAN BEDA UNIVERSITY COLLEGE the wife (who thinks herself aggrieved by her husband's
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE infidelity) who is the party against whom
the constitutional provision is to be enforced. The only exception to the prohibition in the Constitution is if there
NOT FOR SALE. DO is
a "lawful order from a court or when public safety or order requires otherwise, OFasLAW. NOT FOR
prescribed SALE.Any
by law." DO NOT REPRO
violation of
TY OF SAN BEDA UNIVERSITY this provision PROPERTY
COLLEGE renders theOF
evidence obtained
SAN BEDA inadmissible
UNIVERSITY "for any purpose
COLLEGE in anyOF
PROPERTY proceeding."
56. AB was the Municipal Agriculturist of Tandag, Surigao del Sur. CD, who was Agricultural Technician
in the REPRODUCE.
Office OF LAW.
of the Municipal NOT FORfound
Agriculturist, SALE.irregularities
in AB’s implementation FORanimal
of the SALE. DO NOT RE
PERTY OF SAN BEDA dispersal
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
program and other agricultural programs, leading him to file a complaint for Malversation of UNIVERSIT
Public Funds and
AW. NOT FOR SALE. DO NOT REPRODUCE. violation of Sec. 3 of R.A. No. 3019. The Ombudsman
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. found AB guilty of grave
misconduct and found probable cause for the violation of R.A. No. 3019. The Ombudsman issued two
separate COLLEGE PROPERTY
Orders, one initially OF aside
setting SAN BEDA UNIVERSITY
the finding COLLEGE
of probable PROPERTY
cause, and OF subsequently
the other SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO finding probable causeOF
NOT REPRODUCE. again,
LAW.upon
NOTreviewing
FOR SALE.Special
DO NOTAudit Reports fromOF
REPRODUCE. theLAW.
Commission
NOT FORon Audit.
SALE. DO NOT REPRO
AB argues that there was a violation of his right to due process when the Ombudsman found probable
18
cause for a second time without furnishing AB a copy of the Order or requiring him to comment
thereon. COLLEGE
CD argues that therePROPERTY
was no such OF violation
SAN BEDA UNIVERSITY
because AB wasCOLLEGE PROPERTY
able to argue OF SAN
his case and BEDA UNIVERS
explain
LAW. NOT FOR SALE. DOmerits
the NOT REPRODUCE.
of his defense. DidOFthe
LAW. NOT FOR SALE.
Ombudsman DOAB’s
violate NOT REPRODUCE.
right to due processOF LAW.
whenNOT FOR SALE.
it issued an DO NOT
Order
OPERTY OF SAN BEDA finding probable
UNIVERSITY COLLEGEcausePROPERTY
for his violation
OF SANofBEDA
R.A. UNIVERSITY
No. 3019 without furnishing
COLLEGE a copy toOF
PROPERTY him?
SAN BEDA UNIVERS
LAW. NOT FOR SALE. DONo,
NOT REPRODUCE.
Ombudsman OF LAW.
did not violate AB’sNOT
rightFOR SALE.
to due DO NOT
process REPRODUCE.
when it issued the orderOF LAW. furnishing
without NOT FOR himSALE. DO NOT
a copy.UNIVERSITY
PROPERTY OF SAN BEDA When the Ombudsman
COLLEGE conducted a preliminary
PROPERTY investigation
OF SAN BEDA basedCOLLEGE
UNIVERSITY on the complaint filed, CDOF
PROPERTY andSAN
AB BEDA UNIV
were each given a chance to submit their pleadings, certifications and affidavits from different witnesses and
OF LAW. NOT FOR SALE. DO
offices, NOT
and REPRODUCE.
relevant OF LAW. NOT
records and documents FORand
to prove SALE. DO NOT
disprove REPRODUCE.
their OF LAW.
claims. AB was given NOT FOR SALE. DO N
the opportunity
to address COLLEGE that presented
all the allegations PROPERTY in OF
theSAN BEDAfiled
complaint UNIVERSITY COLLEGE
with the Ombudsman. PROPERTY
Even OF SAN BEDA UNIV
the subsequent
directive of the Ombudsman
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. to the COA to conduct an investigation, and
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.once again find probable
OF LAW. NOTbased
cause FOR SALE. DO N
on the COA investigation was still within the constitutional powers of the Ombudsman. Thus, AB’s right to due
process was notCOLLEGE
violated whenPROPERTY
Ombudsman OF issued
SAN BEDA UNIVERSITY
an Order COLLEGEcause PROPERTY
finding probable OF SAN
for his violation BEDA UNIVERS
of R.A.
No. 3019 without furnishing a copy to him (Pasok, Jr. vs. Office of The Ombudsman-Mindanao, G.R. No.
218413, June 6, 2018, Covered Cases).
RTY OF SAN BEDA
57. UNIVERSITY
DistinguishCOLLEGE
“overbreadth PROPERTY
doctrine”OF SAN
from BEDA UNIVERSITY COLLEGE
“void-for-vagueness” PROPERTY
doctrine. (2010 Bar) OF SAN BEDA UNIVERSITY C
Overbreadth
RTY OF SAN BEDA UNIVERSITY COLLEGE doctrine decrees that a governmental purpose to
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE control or prevent activitiesOF
PROPERTY constitutionally
subject to state regulations may not be achieved by means which sweep unnecessarily broadly and thereby
. NOT FOR SALE. DOinvade
the area of protected freedoms. It assumes that individuals understand what a statute prohibits and
PERTY OF SAN BEDAaccordingly
UNIVERSITY refrain from that behavior,
COLLEGE PROPERTY even
OFthough
SAN BEDAsomeUNIVERSITY
of it is protected.
COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOOnNOTtheREPRODUCE. OF LAW. NOT doctrine
other hand, void-for-vagueness FOR SALE. DO NOT
pertains REPRODUCE.
to statutes which are tooOF vague
LAW. NOT FOR SALE.
and people of DO NOT R
PERTY OF SAN BEDAcommon intelligence
UNIVERSITY COLLEGEwould have to guessOF
PROPERTY atSAN
the statute’s meaning and
BEDA UNIVERSITY COLLEGE PROPERTY
differ as to its OF The
application. SANvoid-
BEDA UNIVERSI
AW. NOT FOR SALE.for-vagueness doctrine servesOF
DO NOT REPRODUCE. two purposes.
LAW. First:SALE.
NOT FOR All persons
DO NOT receive a fair notice ofOF
REPRODUCE. what is punishable
LAW. and DO NOT R
NOT FOR SALE.
what is not. Second: The vagueness doctrine helps prevent arbitrary enforcement of the laws and arbitrary
prosecutions PROPERTY Engagement
(Southern Hemisphere OF SAN BEDANetwork,
UNIVERSITY
Inc. v.COLLEGE
Anti-TerrorismPROPERTY OF SAN
Council, G.R. BEDA UNIVERSITY C
No. 178552,
October 5, 2010).
Note: Void-for-vagueness PROPERTY
can be used OFtoSAN BEDA UNIVERSITY
invalidate COLLEGE
a criminal law, PROPERTY
but only limited OF SAN
to “as applied” BEDA UNIVERSITY C
challenge.
Overbreadth doctrine OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
applies only to facial challenge invalidation, and as such, OF LAW. NOT FOR SALE.
limited to free speech cases.DO NOT REPR
58. Discuss the
RTY OF SAN BEDA UNIVERSITY COLLEGEHierarchy of Rights.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Freedom of expression is a "preferred" right and, therefore, stands on a higher level than substantive
PERTY OF SAN BEDAeconomic
UNIVERSITYor other liberties (Salonga
COLLEGE PROPERTYv. Paňo,
OF SANG.R.
BEDA No.UNIVERSITY
L-59524, February
COLLEGE 18, 1985). The freeOF
PROPERTY exercise
SAN BEDAof UNIVERSI
religious profession or belief is superior to contract rights. Religious freedom, although not unlimited, is a
AW. NOT FOR SALE.fundamental
DO NOT REPRODUCE.
personal right andOFliberty,
LAW. NOT FORaSALE.
and has DO NOT
preferred REPRODUCE.
position in the hierarchyOFof LAW.
valuesNOT FOR SALE.
(Victoriano v. DO NOT R
PERTY OF SAN BEDAElizalde
UNIVERSITY Workers’ Union,
Rope COLLEGE G.R. No. L-2524,
PROPERTY OF SAN September
BEDA UNIVERSITY
12, 1974).COLLEGE
Even as the PROPERTY OF SAN
right to property mayBEDA
be UNIVERSI
AW. NOT FOR SALE.subject
DO NOT to REPRODUCE.
a greater degree OF of regulation,
LAW. NOT when this right
FOR SALE. DO NOTis joined by a “liberty” OF
REPRODUCE. interest, the burden
LAW. NOT of DO NOT R
FOR SALE.
justification on the part of the government must be exceptionally convincing and irrefutable (Blo Umpar Adiong
v. COMELEC,COLLEGE PROPERTY
G.R. No. 103956, MarchOF31,
SAN BEDA UNIVERSITY COLLEGE
1992). PROPERTY OF SAN BEDA UNIVERSITY C
Freedom of expression is primary over property rights. Property and property rights can be lost thru
prescription, but human rights are imprescriptible. On the other hand, a constitutional or validOF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN BEDA of
infringement UNIVERSITY C
. NOT FOR SALE. DOhuman
rights requires a more NOT FOR
stringent SALE.namely
criterion, DO NOT REPRODUCE.
existence of a grave OFandLAW. NOT FOR
immediate SALE.
danger of DO
a NOT REPR
substantive evil which the State has the right to prevent (PBM Employees Association v. Philippine Blooming
Mills, G.R. COLLEGE PROPERTY
No. L-31195, June OF SAN BEDA UNIVERSITY COLLEGE
5, 1973). PROPERTY OF SAN BEDA UNIVERSITY C
AW. NOT FOR59.
SALE.SPARK,
DO NOTan REPRODUCE. OF LAW.
association of young NOTand
adults FORminors
is assailing OF LAW.
the constitutionality ofNOT FORlocal
several SALE. DO NOT R
ordinances imposing
PERTY OF SAN BEDA UNIVERSITY COLLEGE curfews on minors. Following the President’s
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE campaign to implement
PROPERTY OF SAN BEDA a UNIVERSI
nationwide curfew for minors and the enactment of R.A. No. 9344 or the Juvenile Justice and Welfare
AW. NOT FOR SALE.Act,
DO NOT REPRODUCE.
the local governmentsOF ofLAW. NOT FOR
Navotas, SALE.
Manila, DOQuezon
and NOT REPRODUCE.
City implementedOF LAW.
curfew NOT FOR SALE. DO NOT R
ordinances
penalizing the parents and guardians of minors who were caught violating the curfew hours.
. NOT FOR SALE. DOThe
NOTQuezon
REPRODUCE. OF LAW.
City Ordinance NOTthe
provides FORfollowing
SALE. DOexceptions:
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
a. Those
RTY OF SAN BEDA UNIVERSITY COLLEGEaccompanied by guardians;
19
b. WhenCOLLEGE
PERTY OF SAN BEDA UNIVERSITY the minor is PROPERTY
engaged inOFanSAN
authorized employment
BEDA UNIVERSITY activity, orPROPERTY
COLLEGE going to or
OFreturning
SAN BEDA UNIVERSI
home from the same place of employment activity;
AW. NOT FOR SALE. DOc.NOTWhen
REPRODUCE. OF LAW.inNOT
the minor is involved FOR SALE. DO NOT REPRODUCE.
an emergency; OF LAW. NOT FOR SALE. DO NOT R
d. When the minor is out of his/her residence attending an official school, religious, recreational,
educational,
AW. NOT FOR SALE. DO NOT REPRODUCE. social, community or other similar private
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. activity sponsored by the city,
barangay, school, or other similar private civic/religious organization/group or when the minor
is going to or returningPROPERTY
home fromOF SANactivity,
such BEDA UNIVERSITY
without anyCOLLEGE PROPERTY
detour or stop; and OF SAN BEDA UNIVE
e. When the minor can present papers certifying that he/she is a student and was dismissed from
his/her classes in the evening or that he/she is a working student.
OF LAW. NOT FOR SALE. DO NOTOrdinance
The Manila REPRODUCE. cites onlyOF LAW.
four (4) NOT FOR SALE.
exemptions fromDOthe
NOT REPRODUCE.
coverage OF namely:
of the curfew, LAW. NOT FORa,SALE. DO NO
letter
b, and d above. While the Navotas Ordinance has the same exceptions.
AW. NOT FOR SALE.SPARK
DO NOTargues that R.A. No.OF
REPRODUCE. 9344 is NOT
LAW. unconstitutional
FOR SALE. DO forNOT
failing to pass the strict
REPRODUCE. scrutiny
OF LAW. NOTtest,
FORbeing
SALE. DO NOT R
narrowly tailored and employing means that bear no reasonable relation to their purpose. Do the
PERTY OF SAN BEDAcurfew
ordinances pass the strict scrutiny test considering their interference on the right to travel?
No, with the exception of the Quezon City ordinance.
NOT FOR SALE. DO NOTConsidering
REPRODUCE. that the OF LAW.
right NOTisFOR
to travel SALE. DO NOT
a fundamental right,REPRODUCE. OF LAW.
the strict scrutiny test is the NOT FOR SALE.
applicable DO NOT REPRO
test. The
government has
TY OF SAN BEDA UNIVERSITY COLLEGE the burden of proving that the classification
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE (i) is necessary to achieve a compelling State
interest, and (ii) is the least restrictive means to protect such interest or the means chosen is narrowly tailored
NOT FOR SALE. DO to
NOT REPRODUCE.
accomplish the interest. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
In this case, respondents have sufficiently established that the ultimate objective of the Curfew Ordinances
is toNOT
keepREPRODUCE.
unsupervised minorsOF during
LAW. NOT FORhours
the late SALE.
of DO NOT
night timeREPRODUCE.
off of public areas,OF
soLAW.
as to NOT FOR
reduce —SALE.
if not DO NOT RE
totally eliminate — their PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
exposure to potential harm, and to insulate them PROPERTY OF SAN BEDA
against criminal pressure and UNIVERSIT
influences which may even include themselves. As such, a compelling State interest exists for the enactment
and enforcement of the Curfew Ordinances. However, the Manila and Navotas Ordinances should be
completely
TY OF SAN BEDA UNIVERSITY stricken downPROPERTY
COLLEGE since their OF
exceptions,
SAN BEDA which are essentially
UNIVERSITY COLLEGEdeterminative of the scope
PROPERTY andBEDA
OF SAN breadth
UNIVERSITY CO
of the curfew regulations, are inadequate to ensure protection of the above-mentioned fundamental rights
NOT FOR SALE. DO (Samahan
Ng Progresibong Kabataan vs. Quezon City, G.R. No. 25442, August 8, 2017, Perlas-Bernabe, J.,
Covered Case). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
Note: Philippine jurisprudence has developed 3 tests of judicial scrutiny to determine the reasonableness of
classifications. The strictPROPERTY OFapplies
scrutiny test SAN BEDA
whenUNIVERSITY COLLEGE
a classification PROPERTY
either (i) interferes OFthe
with SAN BEDA UNIVERSITY
exercise of CO
NOT FOR SALE. DO fundamental
NOT REPRODUCE. rights and OFliberties
LAW.guaranteed underDO
NOT FOR SALE. the Constitution,
NOT REPRODUCE. or (ii) burdens
OF LAW. suspect
NOT FORclasses.
SALE.The
DO NOT REPRO
intermediate scrutiny test applies when classifications are based on gender and legitimacy. Lastly, the rational
basis test COLLEGE PROPERTY
applies to economic OF SAN
legislation andBEDA UNIVERSITY
all other COLLEGE
subjects not covered by thePROPERTY OF SAN BEDA UNIVERSITY CO
first two tests.
60. The Sangguniang Panlungsod of Davao City enacted Ordinance No. 0309, Series of 2007, to impose a
PERTY OF SAN BEDA ban
UNIVERSITY
against COLLEGE
aerial sprayingPROPERTY OF SAN BEDA
as an agricultural UNIVERSITY
practice COLLEGE entities
by all agricultural PROPERTY
withinOF SAN BEDA
Davao City. UNIVERSIT
AW. NOT FOR SALE. DO NOT submits
PBGEA REPRODUCE. OF LAW. NOT
that the ordinance FOR SALE.the
transgresses DO constitutional
NOT REPRODUCE.guarantyOF of LAW.
equalNOT FOR SALE.
protection on DO NOT RE
two counts, to wit:
PERTY OF SAN BEDA UNIVERSITY COLLEGE (1) by prohibiting aerial spraying per se, regardless
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of the substance or the level
PROPERTY OF SAN BEDA of UNIVERSIT
concentration of the chemicals to be applied; and (2) by imposing the 30-meter buffer zone in all
agricultural lands in DavaoOF LAW.
City NOT FORofSALE.
regardless DO NOT
the sizes REPRODUCE.
of the landholding. IsOFtheLAW. NOTby
petition FOR SALE. DO NOT RE
PBGEA
meritorious?
REPRODUCE.
the petition is OF LAW. NOTUnder
meritorious. FOR SALE. DO NOTbasis
the rational REPRODUCE.
test, we shall:OF
(1)LAW. NOTthe
discern FORreasonable
SALE. DO NOT REPRO
relationship between
TY OF SAN BEDA UNIVERSITY COLLEGE the means and the purpose of the ordinance;
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE and (2) examine whether the means
PROPERTY OF SAN BEDA or the
UNIVERSITY CO
prohibition is based on a substantial or reasonable distinction. A reasonable classification includes all persons
NOT FOR SALE. DO or
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO
things similarly situated with respect to the purpose of the law. The occurrence of pesticide drift is not limited
NOT REPRO
to aerial spraying
TY OF SAN BEDA UNIVERSITY COLLEGEbut results from the
PROPERTY conduct
OF SAN BEDA of UNIVERSITY
any mode ofCOLLEGE
pesticide application.
PROPERTY A ban against
OF SAN BEDAaerial
UNIVERSITY CO
spraying does not weed out the harm that the ordinance seeks to achieve. In the process, the ordinance suffers
NOT FOR SALE. DO from
NOT being
REPRODUCE. OF LAW.
"underinclusive" NOT
because theFOR SALE. DO NOT
classification does REPRODUCE. OF LAW.
not include all individuals NOT FOR
tainted SALE.
with the DO NOT REPRO
same
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
mischief that the law seeks to eliminate (Mosqueda vs. Pilipino Banana Growers & Exporters, G.R. No. 189195, UNIVERSITY CO
August 16, 2016).
61. The police authorities, acting on an information that drug-related activities were going on at the XYZ
building in PROPERTY
Manila, conducted OF SANoperation,
a test-buy BEDA UNIVERSITY COLLEGE
together with PROPERTY asset.
a Chinese-speaking OF SANThey
BEDA UNIVERSITY CO
were
NOT FOR SALE. DO able
NOT to buy P2,000 worth
REPRODUCE. OFofLAW.
shabu from
NOT X and
FOR SALE.other appellants.
DO NOT Nonetheless,
REPRODUCE. OFthey
LAW.did
NOTnotFOR
immediately
SALE. DO NOT REPRO
arrest the suspects but applied for a warrant to search the unit supposedly owned by Y. After 3 days,
20
the search was conducted on the sala and in the 3 bedrooms of the unit. One big pack of shabu was
found on top ofCOLLEGE PROPERTY
the table inside OF SAN
the master’s BEDA UNIVERSITY
bedroom COLLEGE
while 16 small packs werePROPERTY OF aSAN
found inside BEDA UNIVERS
lady’s
LAW. NOT FOR SALE. DO NOTThe
handbag. REPRODUCE. OF LAW.
police also searched NOT FOR
a Honda SALE.
Civic carDO
andNOT REPRODUCE.
found 4 plastic bags. OF LAW. NOT FOR SALE. DO NOT
X contended that there was a defect in the search warrant issued in the name of Y which did not include
LAW. NOT FOR SALE. DO
the NOTof
name REPRODUCE.
X, therefore, the OF LAW.and
search NOT FOR are
arrest SALE. DOillegal.
both NOT REPRODUCE. OF LAW.valid?
Is the search conducted NOT FOR SALE. DO NOT
Here, a mistake in the name of the person to be searched does not invalidate the warrant, especially since
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
in this case, the authorities had personal knowledge of the drug-related activities of the OFaccused.
LAW. NOT FORa SALE. DO N
Also,
mistakeUNIVERSITY COLLEGEof the owner
in the identification PROPERTY
of theOF SANdoes
place BEDAnotUNIVERSITY COLLEGE
invalidate the PROPERTY
warrant provided OFtoSAN
the place be BEDA UNIV
searched is properly
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. described. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
However, theCOLLEGE PROPERTY
search conducted on theOF
carSAN
wasBEDA
illegalUNIVERSITY
on the groundCOLLEGE PROPERTY
that it was not part of theOF SAN BEDA UNIVERS
description
of the place to be searched mentioned in the warrant. It is mandatory that for the search to be valid, it must be
directed at the place particularly described in the warrant. Moreover, the search of the car was not incidental
OPERTY OF SAN BEDA
to UNIVERSITY COLLEGE
a lawful arrest. PROPERTY
To be valid, such OF SAN
warrantless BEDA
search UNIVERSITY
must be limited COLLEGE PROPERTY
to that point within OForSAN
the reach BEDA UNIVERS
control
LAW. NOT FOR SALE.
of DO
the NOT REPRODUCE.
person OF LAW.
arrested, or that which mayNOT FORhim
furnish SALE.
withDO
theNOT
meansREPRODUCE. OF LAW.
of committing violence or ofNOT FOR SALE.
escaping. In DO NOT
this case, appellants were arrested inside the apartment, whereas the car was parked a few meters away from
the buildingCOLLEGE
(People v. TiuPROPERTY
Won Chua,OF SAN
G.R. BEDA
No. UNIVERSITY
149878, COLLEGE
July 1, 2003). PROPERTY OF SAN BEDA UNIVERSITY C
62. Police Officer X filed an application for search warrant accompanied by Deposition of Witnesses
against Maroon Silver andPROPERTY OF SAN
Nico Silver. BEDA
Upon UNIVERSITY
asking series ofCOLLEGE PROPERTYbyOF
questions answerable SAN BEDA
merely Yes orUNIVERSITY C
. NOT FOR SALE. DONo
NOTin REPRODUCE.
the blanks provided,OF LAW.
JudgeNOT FOR SALE.
K issued DOwarrant
search NOT REPRODUCE. OF LAW.
directing the police NOTtoFOR
officers SALE.the
search DO NOT REPR
room of Maroon Silver in the residence of Harry Silver for violation of the Dangerous Drugs Act. Maroon
UNIVERSITY COLLEGE
Nico assailed PROPERTY
the validity OF SAN
of the search BEDAand
warrant UNIVERSITY COLLEGE
alleged that the search PROPERTY OF SAN
warrants were BEDA UNIVERSI
illegally
AW. NOT FOR SALE.obtained
DO NOT because
REPRODUCE. OF not
Judge K did LAW. NOT FORexamine
personally SALE. DOthe
NOT REPRODUCE.
witnesses OF LAW.
and the same were NOT FOR
issued onSALE.
the DO NOT R
PERTY OF SAN BEDAbasis of a deposition
UNIVERSITY COLLEGEof thePROPERTY
witnesses OFwhich
SANwere
BEDAaccomplished by merely filling
UNIVERSITY COLLEGE in the blanks.
PROPERTY OF SANWasBEDA UNIVERSI
the issuance of the search warrant constitutional? Decide.
No, the search warrant issued by Judge K was unconstitutional. Under the Constitution and the Rules of
Court, the judge must personally examine the complainant and his witness through searching or leading
. NOT FOR SALE. DOquestions
NOT REPRODUCE.
to determine the existence of probable cause. In the deposition, all theOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW. NOT
witnesses hadFOR
to doSALE.
was DO
to NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGEon thePROPERTY
fill in their answers OF SAN
blanks provided. BEDA
Thus, in UNIVERSITY COLLEGE
issuing a search warrant, thePROPERTY OFstrictly
judge must SAN BEDA UNIVERSITY C
comply
with the constitutional and statutory requirement that he must determine the existence of probable cause by
personally examining the applicant and his witnesses in the form of searching questions and answers (Silva v.
Presiding Judge
RTY OF SAN BEDA UNIVERSITY of RTC, Negros
COLLEGE Oriental,
PROPERTY G.R.BEDA
OF SAN No. 81756, October
UNIVERSITY 21, 1991). PROPERTY OF SAN BEDA UNIVERSITY C
COLLEGE
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
63. SPO1 X and SPO1 Y saw A and B in an alley around 3 meters away. They watched NOT FORASALE.
B handed DO NOT REPR
a small
plastic sachet. They saw A inspect the sachet, flicking it against the light emitted from a street light
UNIVERSITY COLLEGE
a lamp from PROPERTY
a house nearby. WhenOF
theSAN BEDA
police UNIVERSITY
officers COLLEGE
approached them, A PROPERTY
and B fled. OF SAN
Only BEDA UNIVERSI
A was
AW. NOT FOR SALE.caught.
DO NOTSPO1
REPRODUCE. OFhis
X told A to open LAW. NOTThey
hands. FOR found
SALE. DO NOTsachet
a small REPRODUCE. OF LAW.
containing shabu, NOTthe
which FOR SALE. DO NOT R
police
officers confiscated.
PERTY OF SAN BEDA UNIVERSITY COLLEGE RTC found him guilty beyond reasonable doubt
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of violating the Dangerous Drugs
Act. A argued that the evidence against him was obtained from an illegal warrantless arrest. Decide.
The arrest
RTY OF SAN BEDA UNIVERSITY and the search
COLLEGE are valid.
PROPERTY OFTheSANrule
BEDAthatUNIVERSITY
a warrantless arrest must precede
COLLEGE a warrantless
PROPERTY OF SAN BEDAsearchUNIVERSITY C
is not absolute. A search substantially contemporaneous with an arrest can precede the arrest if the police
. NOT FOR SALE. DOhave
NOTprobable
REPRODUCE. OF LAW.
cause to make NOT FOR
the arrest SALE.
at the DOofNOT
outset the REPRODUCE. OFthe
search. In this case, LAW. NOT
arrest FOR
and theSALE.
searchDO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGEcontemporaneous.
were substantially PROPERTY OF SANwhat
Thus, BEDA UNIVERSITY
must COLLEGE
be evaluated is whether PROPERTY OF SAN BEDA
or not the arresting UNIVERSITY C
officers
had probable cause
. NOT FOR SALE. DO NOT REPRODUCE. for petitioner’s arrest when they made the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. search. OF LAW. NOT FOR SALE. DO NOT REPR
Here, the
RTY OF SAN BEDA UNIVERSITY arresting officers
COLLEGE saw AOF
PROPERTY handed B withUNIVERSITY
SAN BEDA a small plastic sheet, whichPROPERTY
COLLEGE they then OF
inspected.
SAN BEDAUponUNIVERSITY C
the officers’ approach, A and B fled. These overt acts and circumstances were observed personally by the
. NOT FOR SALE. DOarresting
officers and, taken together, constitute reasonable suspicion that A and B were violating the
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
Dangerous Drugs Act. Thus, the search preceded the arrest does not render invalid the search OF SAN BEDA of
and arrest UNIVERSITY C
A (Aparante v.
. NOT FOR SALE. DO NOT REPRODUCE. People, G.R. No. 205629, September 27, 2017).
PERTY OF SAN64.
BEDAThe
UNIVERSITY COLLEGE
law enforcers PROPERTY
in Mindanao set upOF SAN BEDA
a check pointUNIVERSITY
because ofCOLLEGE
the exigencyPROPERTY
caused byOF SAN
the BEDA UNIVERSI
recent
AW. NOT FOR SALE.Marawi
DO NOT attack. X, driving hisOF
REPRODUCE. BMW,
LAW.was
NOTstopped by the
FOR SALE. DO enforcers. He was then OF
NOT REPRODUCE. instructed
LAW. NOTto open the DO NOT R
FOR SALE.
trunk of his car. X was hesitant, so the enforcers jammed an icepick into the gaps of the trunk, forcing
PERTY OF SAN BEDAitUNIVERSITY
to pop open. COLLEGE PROPERTY OFopened
When they successfully SAN BEDA UNIVERSITY
the trunk, COLLEGE
they saw PROPERTY
therein a Smith OF SAN
& Wesson BEDA UNIVERSI
pistol
AW. NOT FOR SALE.hidden
DO NOT REPRODUCE.
inside OF LAW.
a toolbox. X was NOT FORWas
then arrested. SALE.the
DOseizure
NOT REPRODUCE.
constitutional?  OF LAW. NOT FOR SALE. DO NOT R
No, it was PROPERTY
unconstitutional. OF SAN
In Abenes v. BEDA UNIVERSITY
CA (G.R. COLLEGE
No. 156320, February PROPERTY
14, OFrequisites
2007), the SAN BEDA of UNIVERSITY
a C
. NOT FOR SALE. DOvalid
NOTcheckpoint
are as follows: OF LAW. NOT FOR SALE. DO NOT REPR
a. Those
RTY OF SAN BEDA UNIVERSITY which are warranted
COLLEGE PROPERTYbyOFthe exigencies
SAN of public order;
21
b. It mustCOLLEGE
PERTY OF SAN BEDA UNIVERSITY be conductedPROPERTY
in a way least
OF intrusive
SAN BEDA to motorists;
UNIVERSITY andCOLLEGE PROPERTY OF SAN BEDA UNIVERSI
c. The inspection of the vehicle is limited to a visual search.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
For as long as the vehicle is neither searched nor its occupants subjected to a body search, OF SANandBEDA
the UNIVERSI
inspection of the
AW. NOT FOR SALE. DO NOT REPRODUCE.vehicle is limited to a visual search, said routine checks
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. cannot be regarded as violative of
OF LAW. NOT FOR SALE. an DO NOT R
individual’s right against unreasonable search. In fact, these routine checks, when conducted in a fixed area,
are even COLLEGE
less intrusive. PROPERTY
In the case OF SAN
given, since the BEDA UNIVERSITY
law enforcers COLLEGE
are only limited to aPROPERTY
mere visualOF SAN BEDA UNIVE
search,
they cannot force X to open the trunk of his car, as they are only authorized to check firearms by mere looking
at the contrivances of the vehicle.
PERTY OF SAN65.
BEDAX,UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
an alien, was permitted entry into the Philippines under a temporary visitor’s visa for 2 months. X
AW. NOT FOR SALE.later
DO NOT
married a Filipina during his stay and obtained several extensions. OF
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. TheLAW. NOT FOR SALE.
Commissioner of DO NOT R
PERTY OF SAN BEDAImmigration
UNIVERSITY(CI) notified X to
COLLEGE leave theOF
PROPERTY country before
SAN BEDA the expiration
UNIVERSITY of his visa
COLLEGE extension
PROPERTY OFotherwise
SAN BEDA UNIVERSI
the former will issue a warrant for his arrest. X instead of leaving the country filed a petition for
AW. NOT FOR SALE.mandamus
to prevent the CI from issuing the warrant of arrest claiming the Immigration Act which
allows the
TY OF SAN BEDA UNIVERSITY CI to issue warrant
COLLEGE PROPERTYof arrest
OF SANareBEDA
contrary to ArticleCOLLEGE
UNIVERSITY III, Section 2 of the Constitution
PROPERTY OF SAN that
BEDA only
UNIVERSITY CO
judges may issue a warrant of arrest. Decide.
The constitutional PROPERTY
provision OF not
does SANrequire
judicial intervention PROPERTYofOFa SAN
in the execution final BEDA
order UNIVERSITY
of CO
NOT FOR SALE. DO deportation issued in accordance
NOT REPRODUCE. OF LAW.withNOTlaw.
FORThe constitutional
SALE. limitation contemplates
DO NOT REPRODUCE. an order
OF LAW. NOT of
FORarrest
SALE.in the
DO NOT REPRO
exercise of judicial power as a step preliminary or incidental to prosecution or proceedings for a given offense
PERTY OF SAN BEDA or
UNIVERSITY COLLEGE
administrative PROPERTY
action, not as OFindispensable
a measure SAN BEDA UNIVERSITY
to carry outCOLLEGE PROPERTY
a valid decision OF SANofficial,
by a competent BEDA UNIVERSIT
such as a legal order of deportation, issued by the Commissioner of Immigration, in pursuance of a valid
legislation.
Accordingly, OF Immigration
Sec 37 of the LAW. NOT FOR SALE.
Act of DOwhich
1940 NOT allows
REPRODUCE. OFwarrant
the CI to issue LAW. NOT FOR SALE.
of arrest upon DO NOT RE
determination of the Board of commissioners that a ground for deportation exist is valid, the arrest being
necessaryCOLLEGE PROPERTY
to deport or expel aliens, OF SANisBEDA
which UNIVERSITY
an attribute COLLEGE(Morano
of sovereignty PROPERTY OF SAN
v. Vivo, G.R. No. BEDA UNIVERSITY CO
L-22196,
June 30, 1967).
66. Is there an expectation
TY OF SAN BEDA UNIVERSITY COLLEGE of privacy in social networking environment?
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTYes.
The Court, by developing whatFOR
maySALE. DO NOT
be viewed REPRODUCE.
as the Philippine modelOF LAW.
of the writNOT FOR SALE.
of habeas data,DO
in NOT REPRO
PERTY OF SAN BEDA effect, recognized that having an expectation of informational privacy is not necessarily incompatible with
engaging in cyberspace activities, including those that occur in online social network (OSN).
It is through
PERTY OF SAN BEDA UNIVERSITY the availability
COLLEGE of privacyOF
PROPERTY tools
SAN that many
BEDA OSN users COLLEGE
UNIVERSITY are said to havePROPERTY
a subjective
OFexpectation
SAN BEDA UNIVERSIT
that only those to whom they grant access to their profile will view the information they post or upload thereto.
This, however, does not mean that any Facebook user automatically has a protected expectation of privacy in
all of his or
TY OF SAN BEDA UNIVERSITY her FacebookPROPERTY
COLLEGE activities. OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTBefore
REPRODUCE.
one can haveOF an LAW. NOT FOR
expectation SALE. in
of privacy DOhisNOT REPRODUCE.
or her OSN activity, it isOF
firstLAW. NOT FOR
necessary that SALE. DO NOT REPRO
said user
manifest theCOLLEGE
intention to PROPERTY
keep certainOF SANprivate,
posts BEDA UNIVERSITY
through the COLLEGE
employment ofPROPERTY
measures to OFprevent
access
NOT FOR SALE. DO thereto or to limit its visibility.
NOT REPRODUCE. OF LAW. AndNOT
this FOR
intention
SALE.can
DOmaterialize in cyberspaceOF
NOT REPRODUCE. through
LAW.the
NOTutilization
FOR SALE. of the
DO NOT REPRO
OSN's privacy tools. In other words, utilization of these privacy tools is the manifestation, in cyber world, of the
user's invocation of his orPROPERTY
her right to OF SAN BEDAprivacy
informational UNIVERSITY COLLEGE
(Vivares PROPERTY
v. St. Theresa's College, OF SAN
G.R. No.BEDA UNIVERSITY CO
202666,
September 29,
NOT FOR SALE. DO NOT REPRODUCE. 2014) OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 67.
BEDA XUNIVERSITY
was involved in altercation in a police precinct where X eventually killed D, unknown to X, B was
recording the whole incident. During the trial of X for homicide, one of the witnesses, B’s testimony
wasNOT REPRODUCE.
confirmed by the voiceOF LAW. NOT
recording FOR he
which SALE. DO X
made. NOT REPRODUCE.
objected OF LAW.recording
to the presentation NOT FOR made
SALE. DO NOT RE
PERTY OF SAN BEDA by B claiming
UNIVERSITY it is inadmissible
COLLEGE in view
PROPERTY OFofSAN
RA BEDA
4200 prohibiting
UNIVERSITYwire-tapping.
COLLEGE Decide.
The evidence is admissible. Republic Act No. 4200 or the Anti Wiretapping Act protects communications
which
TY OF SAN BEDA UNIVERSITY areCOLLEGE
intended to be private. The
PROPERTY law BEDA
OF SAN prohibits the overhearing,
UNIVERSITY COLLEGEintercepting or recording
private
UNIVERSITY CO
communications. Section 1 of RA 4200 provides that it shall be unlawful for any person not being authorized
NOT FOR SALE. DO by
all the parties to any private communication or spoken word to record such communication. Here, since the
NOT REPRO
22
exchange between X and D was not private, its tape recording is not prohibited (Navarro v. CA, G.R. No.
121087, AugustCOLLEGE
26, 1999). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
68.BEDA
OPERTY OF SAN AAUNIVERSITY
alleged thatCOLLEGE
BB humiliated her in a OF
PROPERTY manner offensive
SAN BEDA to his dignity
UNIVERSITY and personality.
COLLEGE PROPERTY In OF
support of UNIVERS
SAN BEDA
his claim, AA produced a verbatim transcript of the event and sought damages. The transcript was
based fromREPRODUCE.
a tape recording OF LAW.
of the NOT FOR SALE.
confrontation DOby
made NOT
AA.REPRODUCE. OFcase
BB filed a criminal LAW.against
NOT FOR
AA SALE.
for DO NOT
violating
PROPERTY OF SAN BEDA R.A. 4200COLLEGE
UNIVERSITY or the Anti-Wiretapping
PROPERTY OF ActSAN
for secretly taping their
BEDA UNIVERSITY confrontation.
COLLEGE AA argued
PROPERTY that BEDA UNIV
OF SAN
R.A. 4200 refers to the taping of a communication by a person other than a participant to the
communication. Decide. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
Sec. 1 of R.A. 4200
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. clearly makes it illegal for any person, not authorized
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. by all the parties
OF LAW.to any
NOTprivate
FOR SALE. DO N
communication to secretly record such communication by means of a tape recorder. The law makes no
distinction as toCOLLEGE PROPERTY
whether the party soughtOFto SAN BEDA UNIVERSITY
be penalized COLLEGE
by the statute PROPERTY
ought to be OF SAN
a party other thanBEDA
or UNIVERS
different from those involved in the private communication (Ramirez v. Court of Appeals, G.R. No. 93833,
September 28, 1995).
RTY OF SAN BEDA
69. UNIVERSITY COLLEGE
After the 2010 PROPERTY
election, Press OF SAN
Secretary BEDA UNIVERSITY
X announced COLLEGE
to reporter PROPERTYwas
that the opposition OF SAN BEDAto
planning UNIVERSITY C
. NOT FOR SALE. DOdestabilize
the administration NOT FOR SALE.
by releasing DO NOTconversation
an audiotape REPRODUCE.between OF LAW. NOT V
President FOR
andSALE. DO NOT REPR
a high
ranking official. The DOJ also warned reporters that those who would broadcast or publish its content
PERTY OF SAN BEDAcould
UNIVERSITY
be heldCOLLEGE PROPERTY
liable under the OF SAN BEDA
Anti-Wiretapping Act.UNIVERSITY COLLEGE ordered
The DOJ secretary PROPERTY
the NBIOF
to SAN BEDA UNIVERSI
go after
media organization found toOF LAW. NOT FOR SALE. DO NOT REPRODUCE.
have spread the audio and printing of the OF LAW. NOT FOR SALE. DO NOT R
contents of the tape. The NTC
PERTY OF SAN BEDAalso issued a press release warning television owners and operators to observe the Anti-Wiretapping
Act and pertinent circulars.
a. What is a prior restraint?
b. M filed a petition against the DOJ secretary and the NTC to annul void proceedings and to
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
prevent the unlawful curtailment of freedom of expression of the press. OF LAW. NOT FOR SALE. DO NOT REPR
Decide.
a. Prior restraint refers to official governmental restrictions on the press or other forms of expression in
advance of actual publication or dissemination. To determine if there is prior restraint, we must
RTY OF SAN BEDA UNIVERSITY distinguish
COLLEGEbetween content-neutral
PROPERTY OF SANand
BEDAcontent-based
UNIVERSITYregulation.
COLLEGE The former is concerned
PROPERTY with the
incidents of speech or on that merely controls the time, place or manner and under well-defined
standards. The latter is based on the subject matter of the utterance of the speech. NOT FOR SALE. DO NOT REPR
b. REPRODUCE.
. NOT FOR SALE. DO NOT Petition should be
OFgranted
LAW. NOTas the
FORacts of the
SALE. DO DOJ
NOT secretary
REPRODUCE. and NTC OFconstitute
LAW. NOTpriorFOR
restraint
SALE.onDO NOT REPR
speech. The case at bar falls on the content-based regulation because it seeks to regulate the
contents of the audioPROPERTY
tape and OFnot SAN BEDA
merely theUNIVERSITY
time, place COLLEGE
or manner of itsPROPERTY
delivery. OF
ThisSAN BEDA
kind of UNIVERSI
regulation
AW. NOT FOR SALE. DO NOT REPRODUCE.bears the presumption of unconstitutionality and
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. must hurdle the clear and present danger
test (which is whether the words used in such circumstances and are of such nature as to create a
clear and PROPERTY
present danger OF will
that they SANbring
BEDA UNIVERSITY
about COLLEGE
the substantive evil thatPROPERTY
congress has OF aSAN BEDA
right to UNIVERSI
AW. NOT FOR SALE. DO NOTprevent)
REPRODUCE.
and must beOF LAW. NOT
narrowly drawnFORtoSALE.
fit theDO NOT REPRODUCE.
regulatory purpose with theOF LAW.
least NOT FOR
restrictive SALE. DO NOT R
means
undertaken (strict scrutiny).
Here the
. NOT FOR SALE. DO NOT REPRODUCE. presumption is not hurdled as there is no showing
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. that the violation of anti-wiretapping
OF LAW. NOT FOR SALE.lawDO NOT REPR
presents a clear and present danger. Hence, there is a prior restraint. The writs should be issued
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
nullifying the statements of the DOJ secretary and freedom of expression must be upheld (Chavez v.
UNIVERSITY C
Gonzales GR 168338,OF LAW. NOT FOR
February SALE. DO NOT REPRODUCE.
15, 2008). OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA
70. UNIVERSITY COLLEGEand isPROPERTY
X is the President among theOFincorporators
SAN BEDA UNIVERSITY COLLEGE
of PTP Inc. PROPERTY
Among the regular OF SAN
writers wasBEDA
X whoUNIVERSITY C
. NOT FOR SALE. DOruns
one column of the NOT FOR
newspaper. SALE.aDO
During NOT REPRODUCE.
congressional hearing on OF
theLAW. NOT crisis,
transport FOR SALE. DO NOT REPR
those
who attended
RTY OF SAN BEDA UNIVERSITY agreed to organize
COLLEGE PROPERTYFirst
OF National
SAN BEDA Conference
UNIVERSITYonCOLLEGE
Land Transportation (FNCLT)
PROPERTY thatBEDA
OF SAN wouldUNIVERSITY C
embody a long-term land transportation policy. FW was elected as Executive Director. Series of articles
. NOT FOR SALE. DOwere
NOTwritten
REPRODUCE.
by X in his OF LAW.which
column NOT FOR SALE.
dealt withDO
theNOT REPRODUCE.
alleged OF LAW.ofNOT
anomalous activities FOR SALE. of
an “organizer DO NOT REPR
PERTY OF SAN BEDAa UNIVERSITY
conference” without naming or identifying FW. Neither did it refer to the FNCLT as the conference
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
mentioned. FW filed a complaint against X for unethical conduct and Libel.
a. Is X liable? PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
b. May the right
AW. NOT FOR SALE. DO NOT REPRODUCE. to privacy of FW, who is not a public figure,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.be restricted?
a. No,
RTY OF SAN BEDA UNIVERSITY X is not liable.
COLLEGE The speech
PROPERTY OF SANis considered privileged.
BEDA UNIVERSITY A privileged PROPERTY
COLLEGE communication is either
OF SAN BEDA(1)
UNIVERSITY C
absolute - which exempts member of congress from liability for any speech or debate in Congress or
(2) qualified. In the latter falls private communications and fair and true reports without any
23
commentary
PERTY OF SAN BEDA UNIVERSITY COLLEGEor remarks as provided
PROPERTY in ArtBEDA
OF SAN 354 of the RPC. Although
UNIVERSITY COLLEGE X’s publication
PROPERTY fall in
OFneither
SAN BEDAthe UNIVERSI
above classification, the Supreme Court had ruled that publications which are privileged for reasons
AW. NOT FOR SALE. DO NOTofREPRODUCE. OF LAW.byNOT
public policy are protected the FOR SALE. DOguaranty
constitutional NOT REPRODUCE. OF LAW.
of freedom of speech. ThisNOT FOR SALE. DO NOT R
constitutional
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF
right cannot be abolished by the mere failure of the legislature to give it express recognition SANinBEDA
the UNIVERSI
statute punishing
AW. NOT FOR SALE. DO NOT REPRODUCE. libels.
To reiterate, PROPERTY
fair commentaries OF SAN of
on matters BEDA UNIVERSITY
public COLLEGE
interest are PROPERTY
privileged and constituteOFa SAN
validBEDA UNIVE
defense in an action for libel or slander. Hence X is not liable for Libel.
PROPERTY OF SAN BEDAb.UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
Yes, his right to privacy may be restricted. The right to privacy of a person who is not a publicOF figure
SAN BEDA UNIVE
OF LAW. NOT FOR SALE. DO may
NOTlikewise
REPRODUCE.
be restrictedOF
if LAW. NOT FOR
he is involved in SALE. DOissue.
a public NOT Even
REPRODUCE. OF LAW.
assuming ex-gratia NOT FOR
argumenti thatSALE. DO NO
private respondent, despite the position he occupied in the FNCLT, would not qualify as a public figure,
it doesCOLLEGE PROPERTY
not necessarily follow thatOF
heSAN BEDA
could UNIVERSITY
not validly be the COLLEGE PROPERTY
subject of a public OFeven
comment SAN ifBEDA
he UNIVERSI
AW. NOT FOR SALE. DO NOTwas not a public official
REPRODUCE. or at least
OF LAW. NOT aFOR
public
SALE.figure, for heREPRODUCE.
DO NOT could be, as long OF as LAW.
he wasNOT
involved in a DO NOT R
FOR SALE.
public issue. If a matter is a subject of public or general interest, it cannot suddenly become less so
merely because a private individual is involved or because in some sense the individual did not
AW. NOT FOR SALE. DO NOTvoluntarily
REPRODUCE.
choose to OF LAW.involved.
become NOT FORThe
SALE. DO NOT
public's REPRODUCE.
primary interest is in theOF LAW.the
event; NOT FORfocus
public SALE. DO NOT R
is on the conduct of the participant and the content, effect and significance of the conduct, not the
TY OF SAN BEDA UNIVERSITYparticipant's
COLLEGE priorPROPERTY
anonymityOF
or SAN BEDA(Borjal
notoriety UNIVERSITY
v. CourtCOLLEGE PROPERTY
of Appeals, G.R. OF SAN
No. 126466, BEDA 14,
January UNIVERSITY CO
1999). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 71.
BEDA Differentiate
UNIVERSITY COLLEGE
content-basedPROPERTY OF SAN BEDA
and content-neutral UNIVERSITY
regulation COLLEGE
and the test appliedPROPERTY
to each. OF SAN BEDA UNIVERSIT
Content-neutral regulation is merely concerned with the incidents of the speech or one that merely controls
UNIVERSITY
time placeCOLLEGE
or manner and PROPERTY OF SAN BEDA
under well-defined UNIVERSITY
standards. COLLEGE
While content-based PROPERTYis OF
regulation SANon
based BEDA
the UNIVERSIT
AW. NOT FOR SALE. DO NOTmatter
subject REPRODUCE. OForLAW.
of the utterance NOT FOR SALE. DO NOT REPRODUCE.
speech. OF LAW. NOT FOR SALE. DO NOT RE
In theCOLLEGE
first, we apply PROPERTY OF SAN
an intermediate BEDA
review UNIVERSITY
where COLLEGE
only substantial PROPERTY
government interestOF SAN BEDA
is required for UNIVERSITY
its CO
validity and
NOT FOR SALE. DO NOT REPRODUCE. the (O’Brien test) test is formulated as: a governmental
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. regulation is sufficiently justified (1) if it
OF LAW. NOT FOR SALE. DO NOT REPRO is
within the constitutional power of the government; (2) if it furthers an important or substantial government
interest; (3) if the governmental interest is unrelated to the suppression of free expression; and (4) if the incident
NOT FOR SALE. DO restriction
on alleged freedom NOT FOR
of speech andSALE. DO NOT
expression REPRODUCE.
is no OF LAW.toNOT
greater than is essential the FOR SALE. DO
furtherance of NOT REPRO
that interest.
NOT FOR SALE. DO NOTInREPRODUCE.
the second we apply the strict scrutiny review and the test is formulated asOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. theLAW.
clear NOT FOR SALE.
and present DO NOT REPRO
danger
test which is the
TY OF SAN BEDA UNIVERSITY COLLEGE question is whether the words used in such circumstances
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE and are of such nature as to create
a clear and present danger that they will bring about the substantive evil that congress has a right to prevent
NOTby REPRODUCE. OF LAW.
showing a substantive and NOT FOR evil
imminent SALE. DO NOT
(Chavez REPRODUCE.
v. Gonzales, G.R. No. OF LAW.February
168338, NOT FOR15,SALE. DO NOT REPRO
2008).
PERTY OF SAN 72.
BEDA X,
UNIVERSITY COLLEGEof Bible
during a launching PROPERTY OF SAN the
which coincide BEDA UNIVERSITY
Feast COLLEGE
of Saint Jerome PROPERTY
and while Father DOF SAN
was BEDA UNIVERSIT
reading
a passage from the bible, OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
entered the Church clad in black suit and went OF LAW. NOT FOR SALE.
to the center aisle and DO NOT RE
emblazoned the words “DAMASO”. Commotion ensued while X uttered “Bishops don’t involve
yourself in PROPERTY
politics! There OF SAN of
is a separation BEDA UNIVERSITY
church COLLEGE
and state!” PROPERTY OF SAN BEDA UNIVERSITY CO
X was later charged with an information for the offense of Offending Religious feeling as defined and
penalized under Article 133 of the RPC. X argues the unconstitutionality of the Article 133 of the RPC
NOT FOR SALE. DO claiming
NOT REPRODUCE.
that it violates the constitutional right to freedom of expression OF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. andLAW. NOTspeech
of free FOR SALE.
and DO
its NOT REPRO
overbreadth and vagueness application results in a chilling effect. Decide if whether the law is
constitutional PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
or unconstitutional. PROPERTY OF SAN BEDA UNIVERSITY CO
The law
TY OF SAN BEDA UNIVERSITY is constitutional.
COLLEGE As aOF
PROPERTY rule,
SANfacial
BEDAchallenge
UNIVERSITYon penal
COLLEGEstatutes PROPERTY
is prohibited
OFbecause
SAN BEDAfacial
UNIVERSITY CO
challenges are generally applicable only to free speech, religious and other fundamental rights. However, as
NOT FOR SALE. DO an
NOT REPRODUCE.
exception, OF LAW.grounded
a facial challenge NOT FORonSALE. DO NOT REPRODUCE.
void-for-vagueness doctrine may OF
be LAW. NOT
allowed FORthe
when SALE. DO NOT REPRO
subject
PERTY OF SAN BEDA penal statute COLLEGE
UNIVERSITY encroaches upon the freedom
PROPERTY of expression.
OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
Here,REPRODUCE.
Article 133 does not OFregulate
LAW. NOT free FOR SALE.
speech butDO NOT REPRODUCE.
punishes disruptive acts thatOF
areLAW. NOT FOR
notoriously SALE. DO NOT RE
offensive
PERTY OF SAN BEDA to
UNIVERSITY
the feelingsCOLLEGE
of the faithfulPROPERTY
in a place OF SAN BEDA
of worship. UNIVERSITY
It does not seekCOLLEGE
to prevent orPROPERTY
restrict anyOF SAN BEDA
person from UNIVERSIT
expression his political
AW. NOT FOR SALE. DO NOT REPRODUCE. opinions or criticism against the catholic
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. church or any religion (Celdran v. People, G.R.
No. 220127, November 21, 2018; Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council,
G.R. No. 178552,
TY OF SAN BEDA UNIVERSITY COLLEGEOctober 5, 2010). OF SAN BEDA UNIVERSITY COLLEGE
PROPERTY PROPERTY OF SAN BEDA UNIVERSITY CO
24
73. Discuss the dangerous tendency, balancing of interest and clear and present danger test.
LAW. NOT FOR SALE. DOa.NOT
The dangerous tendency
REPRODUCE. OF doctrine
LAW. NOT which
FORpermits limitations
SALE. DO on speech once a OF
NOT REPRODUCE. rational
LAW.connection
NOT FOR has
SALE. DO NOT
been established between the speech restrained and the danger contemplated;
OF LAW. NOT FOR SALE.b.DOThe
NOTbalancing of interestsOF
REPRODUCE. tests,
LAW.used
NOTasFOR
a standard
SALE. DOwhen
NOTcourts need to balance
REPRODUCE. OFconflicting
LAW. NOTsocial
FOR SALE. DO N
values and individual interests, and requires a conscious and detailed consideration of the interplay
of interestsCOLLEGE
observable in aPROPERTY OF SAN
given situation BEDA
of type of UNIVERSITY
situation; andCOLLEGE PROPERTY OF SAN BEDA UNIV
c. The clear and present danger rule which rests on the premise that speech may be restrained because
there isCOLLEGE PROPERTY
substantial danger OFspeech
that the SAN BEDA UNIVERSITY
will likely lead to COLLEGE PROPERTY
an evil the government OFaSAN
has rightBEDA
to UNIVERS
prevent. OF LAW.
This rule requires that NOT FOR
the evil SALE. DO NOT
consequences REPRODUCE.
sought OFmust
to be prevented LAW.beNOT FOR SALE. DO NOT
substantive,
"extremely serious and the degree of imminence extremely high (Chavez v. Gonzales, G.R. No.
168338, February 15, 2008).
74. Does broadcast media enjoy less restriction than print media?
Yes.
. NOT FOR SALE. DO NOT There are 3 reasons
REPRODUCE. whyNOT
OF LAW. broadcast media
FOR SALE. DO stands apart from print
NOT REPRODUCE. media,
OF LAW.first,
NOTthe scarcity
FOR SALE. of
DO NOT REPR
frequencies by which the medium operates. Second, its pervasiveness as medium. Lastly, its unique
PERTY OF SAN BEDAaccessibility
UNIVERSITYtoCOLLEGE PROPERTY
children (Chavez OF SAN
v. Gonzales, G.R.BEDA UNIVERSITY
No. 168338, COLLEGE
February 15, 2008). PROPERTY OF SAN BEDA UNIVERSI
Airwave frequencies have to be allocated among qualified users. A broadcast corporation cannot simply
PERTY OF SAN BEDAappropriate
frequency without regard for regulation or for the rights of others. Radio and the television setBEDA
are UNIVERSI
AW. NOT FOR SALE.universal.
DO NOT REPRODUCE.
Their message may OFbeLAW. NOT FOR SALE.
simultaneously DO NOT
received by aREPRODUCE. OFaudience
national or regional LAW. NOT of FOR SALE. DO NOT R
listeners
including the indifferent or unwilling who happen to be within reach of a blaring radio or television set. Unlike
readers of COLLEGE PROPERTY
the printed work, OFaudience
the radio SAN BEDA hasUNIVERSITY COLLEGE
lesser opportunity PROPERTY
to cogitate analyze,OFand
SANreject
BEDAtheUNIVERSITY C
. NOT FOR SALE. DOutterance
(Eastern Broadcasting NOT
Corp v. FOR
Dans,SALE.
G.R. DO
No.NOT REPRODUCE.
L-59329, July 19, 1985).OF LAW. NOT FOR SALE. DO NOT REPR
Broadcasting is uniquely accessible to children. Bookstores and motion picture theaters may be prohibited
. NOT FOR SALE. DOfrom
NOTmaking
REPRODUCE. OFavailable
certain material LAW. NOT FOR SALE.
to children, butDO
theNOT
sameREPRODUCE. OFdone
selectivity cannot be LAW.in NOT
radioFOR SALE. DO NOT REPR
or television,
where the listener or viewer is constantly tuning in and out (Gonzales v. Kalaw Katigbak, G.R. No. L-69500,
July 22, 1985).
75. Distinguish political speech from commercial speech.
Political speech
AW. NOT FOR SALE. DO NOT REPRODUCE. refers to speech "both intended and received as
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. a contribution to public
OF deliberation
LAW. NOT FORabout
SALE. DO NOT R
some issue," "fostering informed and civicminded deliberation." It is motivated by the desire to be heard and
PERTY OF SAN BEDAunderstood,
UNIVERSITY to COLLEGE
move people toPROPERTY
action. It isOF SAN BEDA
concerned withUNIVERSITY COLLEGE
the sovereign PROPERTY
right to change OF SAN
the contours BEDA UNIVERSI
of power
AW. NOT FOR SALE.whether
DO NOTthrough
REPRODUCE. OFrepresentatives
the election of LAW. NOT FORin SALE. DO NOT
a republican REPRODUCE.
government OF LAW.
or the revision NOT
of the FORtext
basic SALE.
of DO NOT R
the Constitution.
OnREPRODUCE. OF LAW. NOT
the other hand, commercial FORhas
speech SALE.
beenDOdefined
NOT REPRODUCE. OF"no
as speech that does LAW. NOT
more FOR
than SALE. DO
propose a NOT REPR
commercialCOLLEGE
RTY OF SAN BEDA UNIVERSITY transaction" (Diocese
PROPERTYOf Bacolod
OF SAN v. COMELEC,
BEDA G.R. COLLEGE
UNIVERSITY No. 205728, January 21, 2015).
76. X is a Judge of the RTC of Parañaque City. An article was written about him and published in the Metro
. NOT FOR SALE. DOManila
Times. The article discussed the pending graft and corruption case against Judge X. Judge X
argued that the pending case was a private matter and that the Metro Manila Times OFhad
SANnoBEDA UNIVERSITY C
right
publishing an article
. NOT FOR SALE. DO NOT REPRODUCE. discussing the same without his permission.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Was Judge X correct?
No, JudgeCOLLEGE PROPERTY
X was not correct. OF every
Generally, SAN BEDA UNIVERSITY
defamatory COLLEGE
information PROPERTY
is presumed OF SANeven
to be malicious, BEDA UNIVERSI
AW. NOT FOR SALE.ifDO
it beNOT
true,REPRODUCE.
if no good intentionOFand justifiable
LAW. NOT FORmotive for DO
SALE. making
NOTitREPRODUCE.
is shown, except inOFtheLAW.
following
NOTinstances:
FOR SALE. DO NOT R
a. A private communication made by any person to another in the performance of any legal, moral or
social COLLEGE
duty; and PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOb.NOTA REPRODUCE.
fair and true report, OF LAW.
made NOTfaith,
in good FOR without
SALE. DO anyNOT REPRODUCE.
comments or remarks, ofOF LAW.
any NOTlegislative,
judicial, FOR SALE. DO NOT R
or other official proceeding which are not of confidential nature, or of any statement, report, or speech
delivered PROPERTY OForSAN
in said proceedings, BEDA
of any UNIVERSITY
other COLLEGE
act performed PROPERTY
by public officers in the OF SAN BEDA
exercise UNIVERSITY C
of their
functions.—the subject NOTare
articles FOR SALE.
under DOexemption.
this NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
25
The articles
PERTY OF SAN BEDA UNIVERSITY complained of
COLLEGE are fair and
PROPERTY OF true
SAN reports of a judicial/administrative
BEDA UNIVERSITY COLLEGE proceeding,
PROPERTY OF which
SANisBEDA
not UNIVERSI
confidential in nature. It was not established that there were comments or remarks made by the reporter. The
AW. NOT FOR SALE.articles
DO NOT REPRODUCE.
were pure reports of OF
the LAW. NOT FORfiled
graft charges SALE. DO NOT
against REPRODUCE.
Judge OF LAW.Publishing,
X (Ocampo v. Sun-Star NOT FOR SALE.
Inc., DO NOT R
PERTY OF SAN BEDAG.R.
UNIVERSITY COLLEGE PROPERTY
No. 133575. December 15, 2000). OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
77. SALE.
OF LAW. NOT FOR X is DO
a member of the Seventh-day
NOT REPRODUCE. Adventist
OF LAW. NOT FORChurch, whose
SALE. DO NOTfundamental
REPRODUCE.beliefsOFinclude the FOR
LAW. NOT strictSALE. DO NO
observance of the Sabbath as a sacred day. X is a first-year college student. In order to avoid potential
PERTY OF SAN BEDAconflict
UNIVERSITY COLLEGE
between his ChurchPROPERTY
scheduleOFandSAN
hisBEDA UNIVERSITY
academic COLLEGE
schedule, he wrote toPROPERTY
the DeanOF SAN BEDA UNIVERSI
requesting
AW. NOT FOR SALE.that he be
DO NOT excused from OF
REPRODUCE. attending his FOR
LAW. NOT classes
SALE.inDOthe event
NOT that a regularOFweekday
REPRODUCE. LAW. NOT session is DO NOT R
FOR SALE.
rescheduled to a Saturday. However, one of his major exams was moved from Thursday to Saturday
PERTY OF SAN BEDAwhich
UNIVERSITY COLLEGE
prevented PROPERTY
X from taking OF X
the exam. SAN BEDA UNIVERSITY
informed COLLEGE
the Dean that PROPERTY
he was willing OF SAN
to take the examBEDA
on UNIVERSI
AW. NOT FOR SALE.another
DO NOTdate
but no accommodation FOR SALE.
was given by theDODean.
NOT REPRODUCE.
Can the Dean refuseOF X’s
LAW. NOT FOR SALE. DO NOT R
request?

No, the Dean may notPROPERTY
refuse theOF SAN BEDA
request. UNIVERSITY
The Bill COLLEGE citizens
of Rights guarantees PROPERTY
the freedom OF SAN BEDA
to act UNIVERSITY CO
on their
NOT FOR SALE. DO individual
beliefs and proscribes NOT FOR SALE.
government DO NOT
intervention REPRODUCE.
unless OF LAW.
necessary to protect NOT FOR
its citizens fromSALE.
injuryDO
or NOT REPRO
when public safety,
TY OF SAN BEDA UNIVERSITY COLLEGE peace, comfort, or convenience requires it.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE The Dean is duty-bound to protect and preserve
X's religious freedom. As representatives of the State, educational institutions are bound to safeguard the
NOT FOR SALE. DO religious
freedom of their students. Thus, to such end, our schools carry the responsibility FOR SALE.
to restrict DO NOT REPRO
its own
academic liberties, should they collide with constitutionally preferred rights (Valmores v. Achacoso, G.R. No.
PERTY OF SAN BEDA 217453,
July 19, 2017, Covered Case).
78. X is a college student
PERTY OF SAN BEDA UNIVERSITY COLLEGE doing research on the rights of Overseas Filipino
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE Workers. She conducts
PROPERTY surveys
OF SAN BEDA UNIVERSIT
on said workers every Friday at the Balik-Manggagagawa Services Office of the POEA. The office is
closed during lunch time as a Catholic mass was held during such time which prevented X from
FOR SALE. DO NOT RE
continuing
TY OF SAN BEDA UNIVERSITY her surveys.PROPERTY
COLLEGE X was confused
OF SANasBEDA to why mass being
UNIVERSITY held in a government
COLLEGE PROPERTYoffice.
OF SAN According
BEDA UNIVERSITY CO
to X, the religious icons placed there and other items related to the celebration of masses violated the
NOT FOR SALE. DO constitutional
NOT REPRODUCE. provisionOF
onLAW. NOT FOR SALE.
the separation of theDO NOT REPRODUCE.
Church and State. OF LAW. NOT FOR SALE. DO NOT REPRO
NOT FOR SALE. DO NOTa.REPRODUCE.
X came to you OFandLAW.
asked if inFOR
NOT factSALE.
the holding
DO NOTofREPRODUCE.
the mass was unconstitutional. What
OF LAW. NOT FOR would
SALE. DO NOT REPRO
you advice X?
b. Explain PROPERTY
the Free ExerciseOF SAN
and BEDA UNIVERSITY Clause
Non-establishment COLLEGE under PROPERTY OF SAN BEDA
Article III, Section UNIVERSITY CO
5 of the
Constitution. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
a. I COLLEGE
would advise X PROPERTY OF SAN
that the holding BEDA
of the massUNIVERSITY COLLEGE By allowing
is not unconstitutional. PROPERTY OF SANofBEDA
the holding UNIVERSITY CO
masses,
NOT FOR SALE. DO NOT REPRODUCE. OF that
it could not be said LAW.theNOT FOR SALE.
government DOestablished
has NOT REPRODUCE. OF LAW.
Roman Catholicism as anNOT FORreligion
official SALE. DO
or NOT REPRO
to have endorsed the same. The holding of religious rituals in the government office does not amount
to a union of ChurchPROPERTY
and State.OF
In SAN
orderBEDA UNIVERSITY
to give COLLEGE right
life to the constitutional PROPERTY OF of
of freedom SAN BEDA UNIVERSIT
religion,
AW. NOT FOR SALE. DO NOTthe State adopts a policy
REPRODUCE. of accommodation
OF LAW. NOT FOR SALE. -DO a recognition of the reality OF
NOT REPRODUCE. thatLAW.
some governmental
NOT FOR SALE. DO NOT RE
measures may not be imposed on a certain portion of the population for the reason that these
measures are contrary to their religious beliefs. As long as it can be shown that the exercise of the
AW. NOT FOR SALE. DO NOTright
REPRODUCE.
does not impairOF
theLAW.
publicNOT FORthe
welfare, SALE. DO NOT
attempt of theREPRODUCE.
State to regulate orOF LAW. such
prohibit NOT right
FOR would
SALE. DO NOT RE
be an unconstitutional encroachment. There is in this case, merely an accommodation.
NOT FOR SALE. DO NOTb.REPRODUCE. OF LAW.clause,
Under the free exercise NOT FOR theSALE. DOreligion
right to NOT REPRODUCE.
have two aspects,OF theLAW. NOT to
freedom FOR SALE.and
believe DO NOT REPRO
freedom
TY OF SAN BEDA UNIVERSITY COLLEGE to act on one’s beliefs, the former is absolute
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE while the latter may be regulated and for the
state to validly regulate the same there must be a compelling state interest, however in this case the
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
ceremonies are not disruptive of the public services and the performance OFofLAW.
publicNOT FOR SALE. DO NOT REPRO
functions.
Under the Non-Establishment clause, the State cannot set up a church, nor pass law in that aid one
NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
religion, all religion, NOT FOR
or prefer oneSALE.
over DO
the NOT REPRODUCE.
other, here there is toOF LAW. NOT FOR
establishment butSALE.
only DO
an NOT REPRO
TY OF SAN BEDA UNIVERSITYaccommodation.
COLLEGE PROPERTY OF SAN
Establishment BEDA
entails UNIVERSITY
a positive COLLEGE
action on PROPERTY
the part of the OFaccommodation
State while SAN BEDA UNIVERSITY CO
is passive. In theOF
NOT FOR SALE. DO NOT REPRODUCE. former,
LAW. the
NOTState
FORbecomes
SALE. DOinvolved through the use of
NOT REPRODUCE. OFgovernment
LAW. NOT resources
FOR SALE.with
DO NOT REPRO
the primary intention of setting up a state religion. In the latter, the State, without being entangled,
merely
PERTY OF SAN BEDA UNIVERSITY gives consideration
COLLEGE PROPERTY to its
OF citizens
SAN BEDA whoUNIVERSITY
want to freely exercise their
COLLEGE religion OF
PROPERTY (In SAN
Re: BEDA
Tony UNIVERSIT
Valenciano, Holding of Religious Rituals at the Hall of Justice Building in Quezon City, A.M. No. 10-4-
AW. NOT FOR SALE. DO NOT19-SC,
March 7, 2017).
TY OF SAN BEDA
79.UNIVERSITY
A allegedCOLLEGE
that Judge X PROPERTY OF SANtoBEDA
was first married Z onUNIVERSITY COLLEGE
May 5, 2000. On October 1,PROPERTY OF SAN
2003, Judge BEDA
X gave UNIVERSITY CO
birth
NOT FOR SALE. DO to
NOTa daughter with Mr. Y. Her marriage to Z was later declared void on January 25, 2005. Based on her NOT REPRO
certification of marriagePROPERTY
TY OF SAN BEDA UNIVERSITY COLLEGE records, Judge
OF SANX BEDA
married Mr. Y on June
UNIVERSITY 1, 2005. APROPERTY
COLLEGE further alleged that
OF SAN Judge
BEDA UNIVERSITY CO
26
X falsified her daughter’s birth certificate to make it appear that she and Mr. Y were married on March
OPERTY OF SAN BEDA
20,UNIVERSITY COLLEGE
2003 and that PROPERTY
their daughter OF SAN BEDA
was a legitimate UNIVERSITY
child. COLLEGE
No marriage PROPERTY
took place on that dateOF SAN BEDA
based on UNIVERS
LAW. NOT FOR SALE.
a DO NOT REPRODUCE.
certification of no marriage.OFJudge
LAW. NOT FOR SALE.
X argued DO NOT REPRODUCE.
that everything OF and
she did was legal LAW.inNOT FOR SALE. DO NOT
accordance
with
OPERTY OF SAN BEDA her religious
UNIVERSITY beliefs. ShePROPERTY
COLLEGE was, indeed, married
OF SAN to UNIVERSITY
BEDA her second husband
COLLEGEon March 20, 2003,
PROPERTY OFbut
SANonly
BEDA UNIVERS
under recognized Catholic rites. Is respondent judge’s second marriage justified under benevolent
neutrality? OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
No, the judge’s second marriage is unlawful and cannot be justified under the concept of benevolent
neutrality. Benevolent neutrality recognizes that government must pursue its secular goals OF
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. andLAW. NOTbut
interests FOR at SALE. DO N
the sameUNIVERSITY COLLEGE
time strives PROPERTY
to uphold religious OF to
liberty SAN theBEDA UNIVERSITY
greatest COLLEGE
extent possible PROPERTY
within flexible OF SAN BEDA UNIV
constitutional
limits. Here, benevolent
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. neutrality and claims of religious freedom cannot
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. shield respondent judge from
OF LAW. NOT liability
FOR SALE. DO N
for misconduct under our laws - respondent judge knowingly entered into a civil marriage with her first husband.
OPERTY OF SAN BEDASheUNIVERSITY
had sexualCOLLEGE
relations with PROPERTY
her secondOF SAN BEDA
husband whileUNIVERSITY COLLEGE
her first marriage PROPERTY
was subsisting. OF Judge
Thus, SAN BEDA
X UNIVERS
cannot invoke her freedom of religion to shield her from her liabilities (Perfecto v. Esidera, A.M. No. RTJ-15-
2417, July 22, 2015).
LAW. NOT FOR80.SALE.
RH DOLaw
NOTwas
REPRODUCE.
passed requiringOF LAW.
the NOT FOR SALE.
inclusion DO NOT REPRODUCE.
of hormonal contraceptives, OF LAW. NOTdevices,
intrauterine FOR SALE. DO NOT
injectables and other safe, legal, non-abortifacient and effective family planning products and supplies
in the National PROPERTY
Drug Formulary andOFin SAN BEDA UNIVERSITY
the regular purchase ofCOLLEGE PROPERTY
essential medicines andOF SAN BEDA
supplies UNIVERSITY C
of all
national hospitals.
. NOT FOR SALE. DO NOT REPRODUCE. The law also provides that medical health
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.practitioners in the public sector, public
hospitals, and health care providers, under pain of penalty, must refer patients to other institutions
despite their PROPERTY
conscientious OF SAN
objections. Dr BEDA UNIVERSITY
X argues COLLEGE
that the said provisionPROPERTY
is violativeOF
ofSAN
his BEDA UNIVERSITY C
right to
. NOT FOR SALE. DOreligious
NOT REPRODUCE.
freedom. Is Dr.OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
X correct? OF LAW. NOT FOR SALE. DO NOT REPR
Yes, Dr. XCOLLEGE PROPERTY
is correct that the provisionOF
is SAN BEDA UNIVERSITY
unconstitutional. COLLEGE
In this case, PROPERTY
the conscientious OF SANclaim
objector's BEDA UNIVERSI
AW. NOT FOR SALE.toDO NOT REPRODUCE.
religious OF LAW.
freedom would warrant NOT FOR SALE.
an exemption DO NOT REPRODUCE.
from obligations under the RH Law,OF LAW.the
unless NOT FOR SALE. DO NOT R
government
PERTY OF SAN BEDAsucceeds in demonstrating
UNIVERSITY COLLEGE a PROPERTY
more compelling
OF SANstate
BEDAinterest in the accomplishment
UNIVERSITY COLLEGE of an important
PROPERTY OF SANsecular
BEDA UNIVERSI
objective. Using the compelling state interest test, there is no compelling state interest to limit the free exercise
AW. NOT FOR SALE.ofDO NOT REPRODUCE.
conscientious OF LAW.
objectors. There NOT FOR SALE.
is no immediate dangerDOto NOT REPRODUCE.
the life OF LAW.inNOT
or health of an individual FOR SALE. DO NOT R
the perceived
scenario of the provision. Here, the obligation to refer imposed by the RH Law violates the religious belief and
conviction of a conscientious objector. Once the medical practitioner, against his will, refers a patient seeking
. NOT FOR SALE. DOinformation
NOT REPRODUCE.
on modem reproductive health products, services, procedures and OF
methods, FOR SALE. DO
his conscience is NOT REPR
immediatelyCOLLEGE
burdened asPROPERTY
he has beenOF SAN BEDA UNIVERSITY
compelled COLLEGE
to perform an act againstPROPERTY
his beliefs.OF SAN BEDA UNIVERSITY
Accordingly, a C
conscientious objector should be exempt from compliance with the mandates of the RH Law (Imbong v. Ochoa,
G.R. Nos. 204819, 204934, 204957, 205003, 205138, 204988, 205043, 205478, 205491, 205720, 206355,
207111, 207172,
RTY OF SAN BEDA UNIVERSITY 207563, PROPERTY
COLLEGE April 8, 2014).
OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE.
81. Distinguish the “Lemon OF
DO NOT REPRODUCE. LAW.
Test” NOT
from theFOR SALE. DO NOT
“Compelling StateREPRODUCE.
Interest Test.” OF LAW. NOT FOR SALE. DO NOT REPR
The Compelling PROPERTY
State Interest Test is OF
testSAN
that BEDA UNIVERSITY
determines whetherCOLLEGE PROPERTY
respondent’s right OF SAN
to religious BEDA UNIVERSI
freedom
AW. NOT FOR SALE.has
DObeen
NOT burdened
REPRODUCE. and ascertains respondent’s
OF LAW. NOT FOR sincerity
SALE. DOinNOT
his religious
belief. The compelling FOR
state SALE. DO NOT R
interest
test follows a three-step
PERTY OF SAN BEDA UNIVERSITY COLLEGE process, summarized as follows:
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
a. Whether a law or government practice inhibits the free exercise of his religious beliefs;
AW. NOT FOR SALE. DOb.NOTTheREPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
burden shifts to the government to demonstrate that the law or practice OF LAW. NOT FORtoSALE.
is necessary the DO NOT R
RTY OF SAN BEDA UNIVERSITY accomplishment
COLLEGE of some important
PROPERTY OF SAN(orBEDA
'compelling')
UNIVERSITYsecular objective; and
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
c. That it is the least restrictive means of achieving that objective.
The Lemon PROPERTY
Test is used OF SANwhether
to determine BEDA UNIVERSITY COLLEGEof thePROPERTY
there is a violation OF SAN
establishment BEDA
clause. TheUNIVERSITY C
establishment clause
. NOT FOR SALE. DO NOT REPRODUCE. is not violated if it is shown that: (1) the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. statute has a secular legislative purpose; (2) its
principal or primary effect is one that neither advances nor inhibits religion; and (3) it does not foster an
excessive government
RTY OF SAN BEDA UNIVERSITY COLLEGE entanglement
PROPERTY with religion
OF SAN BEDA(Estrada v. Escritor,
UNIVERSITY COLLEGEA.M. No. P-02-1651,
PROPERTYAugust
OF SAN4,BEDA
2003).UNIVERSITY C
AW. NOT FOR82.
SALE.Are
DO the
NOT"liberty
REPRODUCE.of abode"OFand "the
LAW. NOTright
FORtoSALE.
travel"
DO absolute rights? WhatOF
NOT REPRODUCE. is/are
LAW.the
NOTrespective
FOR SALE. DO NOT R
exception/s to each right, if any?
The liberty of adobe and OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
the right to travel are not absolute the liberty of adobe OF of
and LAW. NOT FOR
changing SALE.
it can be DO NOT R
imposed within the limits prescribed by law upon lawful order of the court. The constitutional guarantee of the
right to travel PROPERTY
has never been OF SAN
considered BEDA UNIVERSITY
as absolute. COLLEGE
The Constitution PROPERTY
itself allows OF provided
restrictions, SAN BEDA UNIVERSITY C
that
. NOT FOR SALE. DOsuch
NOTrestrictions
REPRODUCE. are in theOF
interest
LAW. of national
NOT security,
FOR SALE. DO public safety or public health,
NOT REPRODUCE. as may
OF LAW. NOTbeFOR
provided
SALE. by
DO NOT REPR
27
PERTY OF SAN BEDAlaw (Office of Administrative
UNIVERSITY COLLEGE Services–Office
PROPERTY OF SAN of the Court
BEDA Administrator
UNIVERSITY v. Judge Ignacio
COLLEGE B. Macarine,
PROPERTY OF SAN A.M.
BEDA UNIVERSI
No. MTJ-10-1770, July 18, 2012).
83. The DOJ issued a Circular prescribing certain rules and regulations governing the issuance and
PROPERTY OF SAN BEDA UNIVERSITYofCOLLEGE
implementation PROPERTY
watchlist orders. OF SAN
It provides for BEDA UNIVERSITY
the power COLLEGE
of the DOJ PROPERTY
Secretary to OF SAN BEDA UNIVE
issue a Watchlist
Order against persons with OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
criminal cases pending preliminary investigation or OF LAW. NOTreview
petition for FOR SALE. DO NO
before the DOJ. It states that the DOJ Secretary may issue an Allow Departure Order (ADO) to a person
subject of a Watch List Order who intends to leave the country for some exceptional reasons. Is the
WatchDOList
NOT REPRODUCE.
Order constitutional?OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
No. By requiring an ADO before the subject of an HDO or WLO is allowed to leave the country, the only
AW. NOT FOR SALE.plausible
DO NOTconclusion
that can be made is that its mere issuance operates as a restraint OF LAW.
on theNOTrightFOR SALE. DO NOT R
to travel.
PERTY OF SAN BEDATo make it even
UNIVERSITY more difficult,PROPERTY
COLLEGE the individual
OF will
SANneed
BEDA to cite an exceptional
UNIVERSITY reason toPROPERTY
COLLEGE justify the granting
OF SANofBEDA
an UNIVERSI
ADO. Sec. 6, Art. III of the Constitution provides that the right to travel may be impaired only in the interest of
AW. NOT FOR SALE.national
DO NOTsecurity,
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
public safety or public health, as may be provided by law. The liberty of abode may only be
impaired by
TY OF SAN BEDA UNIVERSITY a lawful order
COLLEGE of the court
PROPERTY OFand,
SANonBEDA
the one hand, the COLLEGE
UNIVERSITY right to travel may only be OF
PROPERTY impaired by a law
that concerns national security, public safety or public health. Here, there is no law particularly providing for
NOTauthority
REPRODUCE.
of the Secretary of Justice to curtail the exercise of the right to travel, in the interest of national NOT REPRO
security, public safety or PROPERTY OF(Genuino
public health SAN BEDA vs.UNIVERSITY
De Lima, G.R.COLLEGE
Nos. 197930,PROPERTY
199034 & OF SAN BEDA
199046, UNIVERSITY CO
April 17,
NOT FOR SALE. DO 2018, Covered Case). OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
84. X wrote a letter to Y, GSIS General Manager, requesting that he be furnished with the list of names of
the opposition members PROPERTY OF SAN who
of the Congress BEDAwere
UNIVERSITY COLLEGE
able to secure a clean PROPERTY OF SAN
loan. Y replied BEDAthe
through UNIVERSITY CO
Deputy General
NOT FOR SALE. DO NOT REPRODUCE. Counsel of the GSIS whose opinion is that
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. is that a confidential relationship exists
between the GSIS and all those who borrow from it; and that it would not be proper for the GSIS to
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
breach this confidentiality unless so ordered by the courts. Decide. PROPERTY OF SAN BEDA UNIVERSITY CO
X should be furnished with the list. The people’s right to information is limited to (1) matters of public
concern and PROPERTY
is further (2) subject toOFsuch
SANlimitations
as may be provided by PROPERTY OF SAN
law. The right BEDA UNIVERSITY CO
to information
NOT FOR SALE. DO extends
NOT REPRODUCE.
to GOCCs, and may OF LAW. NOTcover
likewise FOR the
SALE. DO NOT stage
negotiation REPRODUCE. OF LAW.
of the transactions. NOT
Here, FORis SALE.
GSIS DO NOT REPRO
a trustee
of contributions
TY OF SAN BEDA UNIVERSITY COLLEGE from the government and its employees and administration
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of various insurance programs for
the benefit of the latter. Undeniably, its funds assume a public character. In fine, X is entitled to access to the
NOT FOR SALE. DO documents
evidencing loans NOTby
granted FORtheSALE. DOsubject
GSIS, NOT REPRODUCE. OF LAW. NOT
to reasonable regulations FORlatter
that the SALE.may
DO NOT REPRO
PERTY OF SAN BEDA promulgate
UNIVERSITYrelating to the manner and hours of examination. The public nature of the loanable funds of the
GSIS and the public office held by the alleged borrowers make the information sought clearly a matter of public
interest and concern (Valmonte v. Belmonte, Jr., G.R. No. 74930, February 13, 1989).
85. X, a member of Movie and Television Review and Classification Board, requested that he be allowed
to examine the board's records pertaining to the voting slips accomplished by the individual board
membersCOLLEGE
TY OF SAN BEDA UNIVERSITY after a reviewPROPERTY
of the movies andBEDA
OF SAN television productions.
UNIVERSITY COLLEGEThe request was denied.
PROPERTY OF SANThe Board
BEDA UNIVERSITY CO
was argued that whenever the members of the board sit in judgment over a film, their decisions partake
NOTnature
REPRODUCE.
of conscienceOF votes
LAW. NOT FORprivate
and are SALE. DO
andNOT REPRODUCE.
personal. OF to
Was X’s right LAW. NOT FORdenied
information SALE. DO
in NOT REPRO
the case?COLLEGE
Explain. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
Yes, the refusal to allow X to examine the records pertaining to the decisions of the review committee as
well as the PROPERTY
individual voting slips ofOF itsSAN BEDA UNIVERSITY
members, is violative ofCOLLEGE PROPERTY
his constitutional right ofOF SAN BEDA
access UNIVERSITY CO
to public
records. The
NOT FOR SALE. DO NOT REPRODUCE. decisions of the Board and the individual members
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. concerned, arrived at in an official capacity,
cannot be considered private. There can be no invasion of privacy in the case at bar since what is sought to
be divulged is a product of action undertaken in the course of performing official functions. To OF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SANotherwise
declare BEDA UNIVERSITY CO
NOT FOR SALE. DO would
be to clothe every public NOTwith
official FORanSALE. DO NOTmantle
impregnable REPRODUCE. OF LAW.
of protection against NOTscrutiny
public FOR SALE. DO NOT REPRO
for their
official acts (Aquino-Sarmiento v. Morato, G.R. No. 92541, November 13, 1991).
86. During the impeachment
AW. NOT FOR SALE. DO NOT REPRODUCE. proceedings against Supreme Court Associate
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Justice X, the
OF LAW. NOTProsecution
FOR SALE. DO NOT RE
Panel manifested that it would present about 50 witnesses and almost a thousand documents. The list
PERTY OF SAN BEDA of
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF
proposed witnesses included Justices of the Supreme Court, and Court officials and employees
SAN BEDA UNIVERSIT
whoNOT
will REPRODUCE.
testify on matters,OF LAW.
many of NOT FOR
which SALE.
are, DO NOT
internal REPRODUCE.
to the OF LAW.
Court. Letters were NOT
sent to theFOR SALE. DO NOT RE
Supreme
Court that asked for the examination of records, and the issuance of certified true copies of the rollos
TY OF SAN BEDA UNIVERSITY COLLEGEand Minutes
and the Agenda PROPERTY OF Deliberations
of the SAN BEDA UNIVERSITY COLLEGE
for purposes PROPERTY OF
of the Impeachment SAN BEDAThe
Complaint. UNIVERSITY CO
NOT FOR SALE. DO Prosecution
NOT REPRODUCE.
invokes the constitutionally protected right to information and argues that such NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGEbe presented
documents must PROPERTYto them.
OF SANIs BEDA
the Prosecution
UNIVERSITYcorrect?
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
28
No, the prosecution is incorrect. Sec. 7, Art. III of the Constitution provides that access to official records,
OPERTY OF SAN BEDA
andUNIVERSITY COLLEGE
to documents and papers PROPERTY
pertaining toOF SAN BEDA
official UNIVERSITY or
acts, transactions, COLLEGE
decisions, asPROPERTY OF SAN BEDA UNIVERS
well as to government
LAW. NOT FOR SALE. DO NOTdata
research REPRODUCE. OFpolicy
used as basis for LAW.development,
NOT FOR SALE. DObeNOT
shall REPRODUCE.
afforded OF LAW.
the citizen, subject NOTlimitations
to such FOR SALE. DO NOT
asUNIVERSITY
OPERTY OF SAN BEDA may be provided by law. However,
COLLEGE PROPERTY certain pieces
OF SAN of information
BEDA UNIVERSITYcontained
COLLEGE in the records
PROPERTYof cases before
OF SAN BEDA UNIVERS
the Supreme Court are considered confidential and are exempt from disclosure. Specifically, the Internal Rules
LAW. NOT FOR SALE.
of DO
the NOT REPRODUCE.
Supreme OF LAW.the
Court (IRSC) prohibits NOT FOR SALE.
disclosure of: DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
PROPERTY OF SAN BEDAa.UNIVERSITY
The result of the raffle of cases;
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
b. The actions taken by the Court on each case included in the agenda of the Court's session; and
OF LAW. NOT FOR SALE.c.DOThe
NOTdeliberations of the Members in court sessions on cases and matters pendingOF
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW.it.NOT FOR SALE. DO N
before
With respect to Court
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. officials and employees, the same rules on confidentiality
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. that apply.
OF They
LAW.are
NOTsubject
FOR SALE. DO N
as well to the disqualification by reason of privileged communication and the sub judice rule (In Re: Production
OPERTY OF SAN BEDA
of UNIVERSITY COLLEGE
Court Records PROPERTY
and Documents and the OF SAN BEDA
Attendance of UNIVERSITY COLLEGE
Court Officials PROPERTY
and Employees OF SAN
as Witnesses BEDA UNIVERS
under
the Subpoenas of February 10, 2012 and the Various Letters for Impeachment Prosecution Panel Dated
January 19 and 25, 2012, February 12, 2012).
RTY OF SAN BEDA
87. UNIVERSITY
The City ofCOLLEGE PROPERTY
Manila passed OF SAN
an ordinance BEDA UNIVERSITY
regulating COLLEGE
the use of private PROPERTY
motor vehicles OF SAN
on the majorBEDA UNIVERSITY C
roads
. NOT FOR SALE. DOofNOT
the REPRODUCE. OFprovided
city. The ordinance LAW. NOTforFOR SALE. DO NOT
a color-coding REPRODUCE.
system OF LAW.
where vehicles NOT FOR
of a certain SALE.
color DO NOT REPR
were
prohibited from
RTY OF SAN BEDA UNIVERSITY COLLEGE passing through major roads during a specific
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE day. X took his red car on the day that
red vehicles were not allowed on major road and was apprehended by traffic officers. X was unaware
. NOT FOR SALE. DOofNOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
the new regulation because the same was not published. The City of Manila, on the other hand,
PERTY OF SAN BEDAargued that ordinance
UNIVERSITY COLLEGE need PROPERTY
not be published
OF SANas it was
BEDA expressly COLLEGE
UNIVERSITY stipulated in the ordinance
PROPERTY OFitself
SAN that
BEDA UNIVERSI
they were to become effective immediately upon approval. Decide.
X correctlyCOLLEGE
argued that anPROPERTY
ordinance OF SANtoBEDA
needs UNIVERSITY
be published COLLEGE
to inform PROPERTY
the public of OF SAN
its provisions BEDA
before it UNIVERSI
could take effect.
AW. NOT FOR SALE. DO NOT REPRODUCE. All statutes, including those of local application
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and private laws, shall be published as a
condition for their effectivity, which shall begin 15 days after publication unless a different effectivity date is
fixed by theCOLLEGE PROPERTY
legislature. Publication OF be
must SANin BEDA
full or itUNIVERSITY COLLEGE
is no publication PROPERTY
at all, since its purposeOFis SAN BEDAthe
to inform UNIVERSITY C
public of the content of the law. The ordinance could not be made effective absent compliance with the
publication requirement and thus, X could not be held liable. The stipulation in the ordinance is invalid. The
clear objectCOLLEGE PROPERTY
of the publication OF SAN
requirement BEDA
is to giveUNIVERSITY
the general COLLEGE
public adequate PROPERTY OF SAN
notice of the BEDA
various UNIVERSITY C
laws
which are to regulate OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
their actions and conduct as citizens (Tañada v. Tuvera, OF LAW. NOT FOR SALE. DO NOT REPR
G.R. No. L-63915, April 24,
1985).
88. DOANOT
. NOT FOR SALE. group of managers working
REPRODUCE. for NOT
OF LAW. X Company were
FOR SALE. DOrefused membership in aOF
NOT REPRODUCE. labor
LAW.union.
NOTThey went to
your office saying that they believe that their constitutional right to form associations was violated. Is
UNIVERSITY
argument COLLEGE PROPERTYcorrect?
the group of managers OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
No, Article 245 of the Labor Code prohibits managerial employees from joining, assisting or forming a
PERTY OF SAN BEDAlabor
UNIVERSITY COLLEGE
union. This PROPERTY
is not violative of SectionOF
8, SAN BEDA
Article III ofUNIVERSITY COLLEGE
the Constitution. Those whoPROPERTY OF or
qualify as top SAN BEDA UNIVERSI
middle
AW. NOT FOR SALE.managers
DO NOT REPRODUCE.
are executives whoOF LAW.from
receive NOTtheir
FORemployers
SALE. DO information
NOT REPRODUCE.
that is to onlyOF LAW. NOT
confidential butFOR
alsoSALE.
not DO NOT R
generally available to the public, to their competitors, or to other employees. The rationale for this inhibition
has been stated PROPERTY
to be, because OF managerial
if these SAN BEDA employees
UNIVERSITYwould
COLLEGE
belong to PROPERTY OF with
or be affiliated SAN aBEDA UNIVERSITY C
Union,
the latter might
. NOT FOR SALE. DO NOT REPRODUCE. not be assured of their loyalty to the Union in
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. view of evident conflict of interests. The Union
can also become company-dominated with the presence of managerial employees in Union membership”
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
(United Pepsi-Cola Supervisory Union v. Laguesma, G.R. No. 122226, March 25, 1998).
. NOT FOR SALE.
89. DOThe
NOTDPWH
REPRODUCE.
expropriatedOF LAW. NOT
a portion FORowned
of land SALE. DO NOT for
by EVG REPRODUCE. OF LAW.
a public purpose: NOT FOR SALE.
the construction DO NOT REPR
of the
PERTY OF SAN BEDAMarikina Bridge and Access Road. The subject property is valued at P6,000 per square meter based
on BIR assessments. When the DPWH offered to purchase the property, EVG declined, leading the
AW. NOT FOR SALE.DPWH
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
to file a complaint for expropriation, and depositing an amount equivalent toNOT
100%FOR
of SALE.
the DO NOT R
PERTY OF SAN BEDAproperty’s
UNIVERSITYvalue based inPROPERTY
COLLEGE BIR valuation.
OF SANTheBEDARTC fixed theCOLLEGE
UNIVERSITY amount of PROPERTY
just compensation at UNIVERSI
OF SAN BEDA
P25,000.00/sqm. Both parties appealed the ruling. The CA increased the amount of just compensation
AW. NOT FOR SALE.toDO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
P35,000.00/sqm but denied EVG’s claim of consequential damages or interest. EVG argues that
interest should
RTY OF SAN BEDA UNIVERSITY also bePROPERTY
COLLEGE paid, as aOF result of lostUNIVERSITY
SAN BEDA income with its billboard
COLLEGE lessee, decrease
PROPERTY in the
property’s value, and legal interest. Should interest be due on the payment of just compensation?
29
Yes. Just COLLEGE
PERTY OF SAN BEDA UNIVERSITY compensation PROPERTY
envisions aOFpayment
SAN BEDA in fullUNIVERSITY
of the expropriated
COLLEGEproperty. Absent full
PROPERTY OF payment,
SAN BEDA UNIVERSI
interest on the balance would necessarily be due on the unpaid amount, otherwise, the property owner suffers
AW. NOT FOR SALE.the
DOimmediate
deprivation of both NOT
his land andFOR SALE.
its fruits orDO NOT In
income. REPRODUCE. OFstill
this case, there was LAW. NOT FOR
an unpaid SALE. DO NOT R
balance
PERTY OF SAN BEDAdue
UNIVERSITY
to EVG at the time the case was pending before the Supreme Court, which is the difference betweenBEDA
amount already
AW. NOT FOR SALE. DO NOT REPRODUCE.deposited and the amount fixed by the court,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. as provided in Sec. 4 of R.A. No. 8974. The
DPWH has only paid the first payment, which is 100% of the property’s value based on BIR assessments; it
has not COLLEGE
yet paid the PROPERTY
second payment, which isOF SAN
the BEDA UNIVERSITY
difference between theCOLLEGE PROPERTY
BIR valuation and OF SAN
the amount fixedBEDA UNIVE
by the Supreme Court (as the just compensation) (Evergreen Manufacturing Corp. vs. Republic, G.R. Nos.
218628 & 218631, September 6, 2017, Covered Case).
90. X sold to Y two parcels of land for P5M of which P2.5M were paid outright, and the balance was made
AW. NOT FOR SALE.payable
DO NOTinREPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
two installments with interest. To secure the payment of said balance OFofLAW. NOT
P2.5M, FOR SALE. DO NOT R
a mortgage
PERTY OF SAN BEDAhas
UNIVERSITY COLLEGEin favor
been constituted PROPERTY OF SAN
of X. A war thenBEDA
brokeUNIVERSITY COLLEGE
out in which PROPERTY
the Philippines OF SANAfter
was involved. BEDA UNIVERSI
the war, both of the
AW. NOT FOR SALE. DO NOT REPRODUCE. installments became due and demandable. Y failed
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. to pay the two installments
OF LAW. NOT FOR SALE.as DO NOT R
agreed upon, as well as the interest that had accrued. This prompted X to institute an action to recover
the balance PROPERTY
due. Y claims OFisSAN
that this BEDA UNIVERSITY
a pre-war obligation COLLEGE
contracted andPROPERTY
that he isOFa SAN
war BEDA UNIVERSITY CO
sufferer,
having filed
NOT FOR SALE. DO NOT REPRODUCE.his claim with the Philippine War Damage Commission
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. for the losses he had suffered
OF LAW. NOT FOR SALE. DO as NOT REPRO
a consequence of the last war; and that under Section 2 of RA 342 (Moratorium Law), payment of his
obligationCOLLEGE PROPERTY
cannot be enforced untilOF SANthe
after BEDA UNIVERSITY
lapse COLLEGE
of 80 years. Does RA 342PROPERTY
violate theOF SAN BEDA UNIVERSITY CO
non-impairment
NOT FOR SALE. DO clause?
Yes, however PROPERTY
the Moratorium Law isOF SANexercise
a valid BEDA UNIVERSITY
by the StateCOLLEGE PROPERTY
of its police power, OFemergency
being an SAN BEDA UNIVERSIT
measure. Although
AW. NOT FOR SALE. DO NOT REPRODUCE. conceding that the obligations of the contract
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.were impaired, the impairment was within
OF LAW. NOT FOR the DO NOT RE
SALE.
police power of the State as that power was called into exercise by the public economic emergency which the
PERTY OF SAN BEDA legislature
had found to exist. The true test of the constitutionality of a moratorium statute lies in the
determination of the period of suspension of the remedy. It is required that such suspension FOR SALE.
be definite and DO NOT RE
reasonable, otherwise it would be violative of the constitution. Herein, obligations had been pending since after
the war andCOLLEGE PROPERTY
at present their OF SAN
enforcement BEDA
is still UNIVERSITY
inhibited becauseCOLLEGE PROPERTY
of the enactment OF342
of R.A. No. SANand
BEDA UNIVERSITY CO
would
NOT FOR SALE. DO continue
to be unenforceable duringNOT
the FOR SALE.
8-year DOgranted
period NOT REPRODUCE.
to prewar debtorsOF LAW. them
to afford NOT an
FORopportunity
SALE. DO NOT REPRO
to rehabilitate
TY OF SAN BEDA UNIVERSITY themselves.
COLLEGE This period
PROPERTY seems
OF SAN BEDA to be unreasonable,
UNIVERSITY if not oppressive.
COLLEGE PROPERTY While
OFthe
SANpurpose of
BEDA UNIVERSITY CO
Congress is plausible, and should be commended, the relief accorded works injustice to creditors who are
NOT FOR SALE. DO practically
NOT REPRODUCE. OFofLAW.
left at the mercy NOT FOR
the debtors. SALE.
Their DOtoNOT
hope REPRODUCE.
effect collection becomes OFextremely
LAW. NOT FOR SALE.
remote, moreDO
so NOT REPRO
if the credits
TY OF SAN BEDA UNIVERSITY are unsecured.
COLLEGE And the
PROPERTY OFinjustice
SAN BEDAis more patent when,
UNIVERSITY under thePROPERTY
COLLEGE law, the debtor
OF SANis BEDA
not even
UNIVERSITY CO
required to pay interest during the operation of the relief (Rutter vs. Esteban, G.R. No. L-3708, May 18, 1953).
91. Filipino First Foundation is a charity organization based in Manila that provides a home for orphans,
UNIVERSITY
abandoned COLLEGE PROPERTY
and the elderly. OF SAN
Because BEDA
of the factUNIVERSITY COLLEGE
that they cater to the needsPROPERTY OF SAN
of the least BEDA UNIVERSIT
fortunate
in our REPRODUCE.
society, the FoundationOF LAW.
praysNOT
thatFOR
theySALE. DO NOTthe
be granted REPRODUCE.
same exemptionOF LAW.
from NOT FOR
payment of SALE.
legal DO NOT RE
fees granted to
PERTY OF SAN BEDA UNIVERSITY COLLEGE indigent litigants. Decide on the matter.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
No, Filipino OF LAW.
First Foundation NOT
cannot beFOR SALE.
granted theDO NOTprivilege
same REPRODUCE. OF LAW.litigants.
granted to indigent NOT FOR SALE.
That the DO NOT RE
Filipino First
TY OF SAN BEDA UNIVERSITY Foundation,PROPERTY
COLLEGE Inc. is working for indigent
OF SAN and underprivileged
BEDA UNIVERSITY COLLEGE people PROPERTY
is of no moment.
OF SANClearly,
BEDA the
UNIVERSITY CO
Constitution has explicitly premised the free access clause on a person's poverty, a condition that only a natural
NOT FOR SALE. DO person
can suffer. Extending NOT FOR SALE.
the exemption DO NOT
to a juridical REPRODUCE.
person on the ground OFthatLAW. NOTforFOR
it works SALE.and
indigent DO NOT REPRO
underprivileged people mayPROPERTY
be proneOF SAN BEDA
to abuse (evenUNIVERSITY COLLEGE
with the imposition PROPERTY OF requirements),
of rigid documentation SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO particularly by corporations
NOT REPRODUCE. OF and
LAW. entities
NOT FORbent SALE.
on circumventing the rule on payment
DO NOT REPRODUCE. of theNOT
OF LAW. fees FOR
(Re: SALE.
QueryDO
of NOT REPRO
Mr. Prioreschi Re Exemption from Legal and Filing Fees of the Good Shepherd Foundation, Inc., A.M. No. 09-
6-9-SC, August
TY OF SAN BEDA UNIVERSITY 19, 2009).
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE.
92.DO Due
NOT to
REPRODUCE. OFand
reports that drugs LAW. NOT FOR SALE.
drug-related DOwere
crimes NOT proliferating
REPRODUCE.in Neighborhood
OF LAW. NOT FORthe
ABC, SALE. DO NOT REPRO
police
PERTY OF SAN BEDA began knocking
UNIVERSITY on the doors
COLLEGE of ABC OF
PROPERTY residents
SAN BEDAandUNIVERSITY
inviting them for questioning
COLLEGE in the precinct.
PROPERTY One UNIVERSIT
OF SAN BEDA
of the residents who accepted the invite was X. When X was being questioned, he admitted that he was
oneNOT REPRODUCE.
of the neighborhood’s OFresident
LAW. NOT FORdealers,
drug SALE. DOout
NOTof REPRODUCE. OF LAW.
fear & nervousness in theNOT FOR SALE.
presence of DO NOT RE
PERTY OF SAN BEDA intimidating police officers
UNIVERSITY COLLEGE surrounding
PROPERTY OF SANhim.
BEDALater, his lawyer
UNIVERSITY raised the
COLLEGE argument
PROPERTY thatBEDA
OF SAN X’s UNIVERSIT
extrajudicial
AW. NOT FOR SALE. DO confession is OF
NOT REPRODUCE. inadmissible for not
LAW. NOT FOR having
SALE. beenREPRODUCE.
DO NOT made with the assistance
OF LAW. NOTof counsel. Is DO NOT RE
FOR SALE.
X’s lawyer correct?
the lawyer’s contention is not correct. X’s confession was not obtained during a custodial investigation,
NOT FOR SALE. DO NOTNo,REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
which only commences when an individual is singled out as a suspect in the commission of a crime and the
police officers begin to PROPERTY OF SAN
ask questions BEDA
on the UNIVERSITY
suspect's COLLEGE
participation therein PROPERTY
and which OF SAN
tend to BEDA
elicit UNIVERSITY
an CO
30
admission. In this case X’s admission was spontaneous, the line of questioning by the police were of general
inquiry. COLLEGE
X was not yet a suspectPROPERTY OFshe
at that point; SAN BEDA
was UNIVERSITY
not taken COLLEGE
into custody PROPERTY
nor her freedom OF SAN
deprived BEDA UNIVERS
(People
LAW. NOT FOR SALE.
v. DO NOT REPRODUCE.
Cabanada, G.R. No. 221424,OF LAW.
July 19, NOT
2017,FOR SALE. Cases).
Covered DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
PROPERTY OF93.
SAN BEDA
A wasUNIVERSITY
a defendantCOLLEGE
in an estafa PROPERTY
case. WhenOFthe
SANfirst
BEDA UNIVERSITY
witness for theCOLLEGE PROPERTY
prosecution was OF SAN
presented for BEDA UNIV
cross-examination, OF LAW.
A moved to reset NOT FOR SALE. DObecause
the cross-examination NOT REPRODUCE. OFcurrent
he dismissed his LAW. NOT FOR SALE. DO N
counsel
and hired a new one. This repeated over the course of 2 years, by virtue of which the case could not
move forward, and the RTC found that A’s abuse of his right by changing his counsels repeatedly was
OF LAW. NOT FOR SALE. DOtoNOT
a tactic REPRODUCE.
delay the proceedingsOFandLAW. NOT A
declared FOR SALE.waived
to have DO NOT hisREPRODUCE. OF LAW.
right to cross-examine theNOT FOR SALE. DO N
witness.
For his part, A argued that he could not be deprived of his constitutional right to confront and cross-
examine witnesses. Decide.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
The RTC validly
OPERTY OF SAN BEDA UNIVERSITY COLLEGE ruled on A’s waiver of right. Like any right, the
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE right to cross-examine may be
PROPERTY OFwaived. It UNIVERS
SAN BEDA
"is a personal one which may be waived expressly or impliedly by conduct amounting to a renunciation of the
right of cross-examination." In Kim Liong v. People (G.R. No. 200630, June 4, 2018, Covered Case), the
Supreme Court
RTY OF SAN BEDA UNIVERSITY ruled that PROPERTY
COLLEGE when the accused
OF SAN abuses its option to COLLEGE
BEDA UNIVERSITY choose his counsel as in this
PROPERTY OF case, he can
be deemed to have waived his right to confrontation and cross-examination. Thus, A’s repeated attempts to
. NOT FOR SALE. DOdelay
NOT the
REPRODUCE. OF LAW.
progress of his case mustNOT FOR SALE.
be construed asDO NOT REPRODUCE.
a waiver OF LAW. NOT
of his right to cross-examine FOR SALE.
the witness DO NOT REPR
of the
prosecution. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
AW. NOT FOR94.
SALE.InDO NOTaREPRODUCE.
2010, OF filed
case for estafa was LAW.against
NOT FORX. SALE. DOanother
In 2012, NOT REPRODUCE. OF LAW.
complaint for estafa wasNOT
filedFOR SALE. DO NOT R
against
PERTY OF SAN BEDAhim by the Mayor
UNIVERSITY of his town.
COLLEGE Over the
PROPERTY OFcourse of several
SAN BEDA years,COLLEGE
UNIVERSITY multiple motions for extension
PROPERTY and UNIVERSI
OF SAN BEDA
reconsideration were filed. The Ombudsman found probable cause in 2016 and filed the case before
AW. NOT FOR SALE.theDOSandiganbayan
in 2017. The Sandiganbayan dismissed the case outright, declaring that the 7-year
delay violated
RTY OF SAN BEDA UNIVERSITY X’s right PROPERTY
COLLEGE to a speedy OFdisposition
SAN BEDA of his case. COLLEGE
UNIVERSITY X never underwent any investigation
PROPERTY OF SAN BEDAor UNIVERSITY C
detention. Decide.
There COLLEGE PROPERTY
was no violation of the rightOF
toSAN BEDA UNIVERSITY
the speedy disposition ofCOLLEGE
cases. A merePROPERTY OF SAN
mathematical BEDA of
reckoning UNIVERSITY C
the time involved
. NOT FOR SALE. DO NOT REPRODUCE. does not automatically result in a finding of
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. such a violation. The length of the delay, the
reasons for the delay the accused’s assertion of his right to a speedy disposition and the prejudice caused by
the delay (ifCOLLEGE PROPERTY
any), must also OF SAN
be considered. BEDA
In this UNIVERSITY
case, COLLEGEcannotPROPERTY
the Sandiganbayan merely lookOFatSAN BEDA UNIVERSITY C
the passage
of time before
. NOT FOR SALE. DO NOT REPRODUCE. concluding that there was a violation of the right
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. to the speedy disposition of cases.
OF LAW. NOT FOR Such
SALE.right
DO NOT REPR
is deemed violated only when the proceeding is attended by vexatious, capricious, and oppressive delays; or
when unjustified PROPERTY
postponements OFtrial
of the SANareBEDA UNIVERSITY
asked COLLEGE
for and secured, or whenPROPERTY OF SAN
without cause BEDA UNIVERSITY C
or justifiable
. NOT FOR SALE. DOmotive,
NOT REPRODUCE.
a long period of OF LAW.
time NOT FORtoSALE.
is allowed DOwithout
elapse NOT REPRODUCE.
the patty having OF
hisLAW.
case NOT
triedFOR SALE.vs.
(People DO NOT REPR
Sandiganbayan, G.R. Nos. 232197-232198, April 16, 2018, Covered Case).
AW. NOT FOR95.
SALE.Congressman C delivered aOF
DO NOT REPRODUCE. privilege
LAW. NOTspeech
FORwhere he alleged
SALE. DO that Bank B sold
NOT REPRODUCE. OFunregistered
LAW. NOT FORforeign
SALE. DO NOT R
securities, in violation of RA 8799. He then filed a resolution directing the House Committee on Good
GovernanceCOLLEGE
to conduct PROPERTY
an inquiry OF SANlegislation
in aid BEDA UNIVERSITY COLLEGE
on the matter. PROPERTY
The Committee OF scheduled
thus SAN BEDA UNIVERSITY
a C
hearing and invited
. NOT FOR SALE. DO NOT REPRODUCE. the responsible officials of Bank B, some of
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. whom refused to appear, arguing that
compelling them to testify would violate their right against self-incrimination. Are the officials’
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
contention correct? (2009 Bar) OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
No. The petitioners, officers of Bank B, are not being indicted as accused in a criminal proceeding. They
were summoned PROPERTY
by respondent OF SAN
merely BEDA UNIVERSITY
as resource persons, orCOLLEGE
as witnesses,PROPERTY OF SAN
in a legislative BEDAAn
inquiry. UNIVERSITY C
accused occupies
. NOT FOR SALE. DO NOT REPRODUCE. a different tier of protection from an ordinary
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. witness. Whereas an ordinary witness may be
compelled to take the witness stand and claim the privilege as each question requiring an incriminating answer
is shot at him, an accused may altogether refuse to take the witness stand and refuse to answer any and all
. NOT FOR SALE. DOquestions.
petitioners neither standOFasSAN BEDA in
accused UNIVERSITY COLLEGE
a criminal case PROPERTY
nor will they OF SAN
be subjected byBEDA
the UNIVERSI
AW. NOT FOR SALE.respondent
DO NOT REPRODUCE.
to any penalty byOF LAW.ofNOT
reason theirFOR SALE. DOHence,
testimonies. NOT REPRODUCE. OF LAW.
they cannot altogether NOTappearing
decline FOR SALE. DO NOT R
PERTY OF SAN BEDAbefore respondent,
UNIVERSITY although they
COLLEGE may invoke
PROPERTY the privilege
OF SAN when a question
BEDA UNIVERSITY calling forPROPERTY
COLLEGE an incriminating answer
is propounded. The right against self-incrimination may be invoked only when a question calling for an
AW. NOT FOR SALE.incriminating
DO NOT REPRODUCE. OFThus,
answer is asked. LAW.their
NOTinvocation
FOR SALE.ofDO theNOT
rightREPRODUCE. OF LAW.is NOT
against self-incrimination FOR SALE. DO NOT R
unsustainable
(Standard Chartered
RTY OF SAN BEDA UNIVERSITY COLLEGE BankPROPERTY
v. Senate Committee,
OF SAN BEDAG.R. No. 167173,
UNIVERSITY December 27,PROPERTY
COLLEGE 2007). OF SAN BEDA UNIVERSITY C
31
PERTY OF SAN96.
BEDAThe killing of Y
UNIVERSITY was mounted
COLLEGE to appellant
PROPERTY OF Z,
SANson of the
BEDA late X, in anCOLLEGE
UNIVERSITY information for murder filed
PROPERTY against
him. Station commander of the Integrated National Police testified that after conducting an
AW. NOT FOR SALE.investigation
DO NOT REPRODUCE. OFand
of the killing, he LAW.hisNOT
menFOR SALE.
went out DO NOTfor
to look REPRODUCE. OF LAW.
Z and were informed thatNOT FORgone
he had SALE. DO NOT R
PERTY OF SAN BEDAtoUNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
Anilao, Iloilo. The team proceeded to this place and there found Z, who willingly went with them OF SAN BEDA
to UNIVERSI
the PC Headquarters
AW. NOT FOR SALE. DO NOT REPRODUCE. in Iloilo. The suspects were subjected to
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. a paraffin test by a forensic chemist,
who said she found Z positive for gunpowder residue. Z contended that his right against self-
incrimination wasCOLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
violated. Decide. PROPERTY OF SAN BEDA UNIVE
The paraffin test did not violate the appellant’s right against self-incrimination as it involved only an
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SANofBEDA UNIVE
examination of a part of his body. In the case of Holt v. United States, it was held that the prohibition
compelling REPRODUCE.
a man OF to
in a criminal court LAW.
be aNOT FORagainst
witness SALE. DO NOTisREPRODUCE.
himself a prohibition of theOF LAW.
use NOT FOR
of physical andSALE. DO NO
moral compulsion to extort communications from him, not an exclusion of his body as evidence when it may
PERTY OF SAN BEDAbeUNIVERSITY COLLEGE
material. The paraffin testPROPERTY OF SAN
did not violate theBEDA UNIVERSITY
Z's right COLLEGE PROPERTY
against self-incrimination OF SAN
as it involved onlyBEDA
an UNIVERSI
AW. NOT FOR SALE.examination of a part of his body
DO NOT REPRODUCE. (People
OF LAW. NOTv. FOR
Salveron,
SALE.G.R. No. 102079,
DO NOT November 22,
REPRODUCE. OF 1993).
LAW. NOT FOR SALE. DO NOT R
TY OF SAN BEDA
97.UNIVERSITY COLLEGE by the
R was acquitted PROPERTY
RTC in OFa SAN BEDAcase,
robbery UNIVERSITY
becauseCOLLEGE PROPERTYthought
the RTC mistakenly OF SAN BEDA UNIVERSITY CO
that the
complainant did
NOT FOR SALE. DO NOT REPRODUCE. not testify. Upon realizing this mistake, the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. RTC recalled the acquittal on the
OF LAW. NOT FOR SALE. same
DO NOT REPRO
day, admitting that it mixed-up the facts of the case involving R and another victim. Will double
jeopardy COLLEGE PROPERTY
attach if the acquittal wasOF SAN BEDAand
withdrawn UNIVERSITY COLLEGE
R was tried again? PROPERTY OF SAN BEDA UNIVERSITY CO
Yes, double jeopardy will attach. For double jeopardy to attach, the following elements must concur:
a. A valid PROPERTY
information sufficient OF SAN
in form and BEDA UNIVERSITY
substance COLLEGE
to sustain PROPERTY
a conviction of the crime OF SAN BEDA UNIVERSIT
charged;
b. A court of
AW. NOT FOR SALE. DO NOT REPRODUCE. competent jurisdiction;
c. The accused has been arraigned and had pleaded; and
d. The accused was convicted or acquitted or the case was dismissed without his express consent.
Since R was finally acquitted, all 4 elements are present, and to try R again will result in double jeopardy.
The fact that PROPERTY
the Court was mistakenOF SAN
in its BEDA does
decision UNIVERSITY COLLEGE
not affect PROPERTY
the attachment of doubleOF SAN BEDA
jeopardy UNIVERSITY CO
(People
NOT FOR SALE. DO vs.
NOTAlejandro,
REPRODUCE. OF LAW.
G.R. No. 223099, NOT FOR
January 11, SALE.
2018, DO NOT REPRODUCE.
Covered Case). OF LAW. NOT FOR SALE. DO NOT REPRO
98. X was driving drunk in Makati City and sideswiped a pedestrian, resulting in injuries to the latter. The
NOT FOR SALE. DO City
NOT Prosecutor
REPRODUCE.filed two OF Informations
LAW. NOT FOR SALE. DO
against NOTfor
X, one REPRODUCE. OF LAW.
reckless imprudence NOT FOR
resulting in SALE. DO NOT REPRO
physical
injuries under
TY OF SAN BEDA UNIVERSITY the RPC,PROPERTY
COLLEGE and anotherOFfor
SANviolation of a Makati City
BEDA UNIVERSITY OrdinancePROPERTY
COLLEGE prohibiting
OFand
SANpenalizing
BEDA UNIVERSITY CO
driving under the influence of liquor. X was convicted for reckless imprudence under the RPC. With
NOT FOR SALE. DO regard
to the violation of the Makati City Ordinance, X was arraigned but invoked his right against DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGEcontending
double jeopardy, PROPERTY
that OF
hisSAN BEDA UNIVERSITY
conviction COLLEGE
under the prior PROPERTY
case is already a barOFtoSAN BEDA UNIVERSITY CO
prosecution
under the Makati
NOT FOR SALE. DO NOT REPRODUCE. City Ordinance. Rule on X’s contention. (2002
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Bar) OF LAW. NOT FOR SALE. DO NOT REPRO
X correctly
PERTY OF SAN BEDA UNIVERSITY invoked his right
COLLEGE againstOF
PROPERTY double jeopardy.
SAN BEDA Art. III, Sec.
UNIVERSITY 21 explicitlyPROPERTY
COLLEGE provides that
OF ifSAN
an act
BEDAis UNIVERSIT
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act. Since X was already convicted under the law (reckless imprudence under the
PERTY OF SAN BEDA RPC),
UNIVERSITY COLLEGE
prosecution PROPERTY
for the same act underOF SANordinance
a city BEDA UNIVERSITY
will violate COLLEGE
his right againstPROPERTY OF SAN
double jeopardy BEDA UNIVERSIT
(People
v. Relova, G.R. No.
AW. NOT FOR SALE. DO NOT REPRODUCE. L-45129; March 6, 1987).
TY OF SAN BEDA
99.UNIVERSITY COLLEGE complaint
An administrative PROPERTY OF JSAN
against for BEDA
graveUNIVERSITY COLLEGE
abuse of authority PROPERTY
was filed with the OF SAN BEDA
Supreme UNIVERSITY CO
Court,
where the complaint
NOT FOR SALE. DO NOT REPRODUCE. was dismissed for lack of merit. The same
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. complainant later filed the same letter-
complaint with the Ombudsman, claiming a violation of the Anti-Graft and Corrupt Practices Act. When
the case COLLEGE PROPERTY
was filed before OF SAN BEDA
the Sandiganbayan, UNIVERSITY
J filed COLLEGE
a Motion PROPERTY
to Quash, arguing OFwill
that he SANbeBEDA UNIVERSITY CO
placed
NOT FOR SALE. DO under
NOT REPRODUCE. OF LAW. of
double jeopardy because NOT
theFOR SALE. Court’s
Supreme DO NOTprior
REPRODUCE. OFadministrative
dismissal of the LAW. NOT FOR SALE. DO NOT REPRO
complaint.
Rule on J’s claim.
NOT FOR SALE. DO NOTJREPRODUCE. OFisLAW.
is not correct. There NOT FOR
no double SALE.because
jeopardy DO NOTit REPRODUCE. OF one
does not apply where LAW. NOT
case is FOR SALE. DO NOT REPRO
administrative
in character
TY OF SAN BEDA UNIVERSITY (in this case,
COLLEGE the Supreme
PROPERTY OF SANCourt case)
BEDA and the other
UNIVERSITY is criminalPROPERTY
COLLEGE (the Sandiganbayan
OF SAN BEDA case).
UNIVERSITY CO
Administrative proceedings differ from criminal cases in the sense that the former involved the Supreme Court
NOT FOR SALE. DO acting
not as a court judging NOT FOR
justiciable SALE. DO NOT
controversies, REPRODUCE.
but as OF LAW.
personnel administrator NOT FOR
imposing SALE. DO
discipline. It NOT REPRO
also merely requires substantial evidence. The latter, on the other hand, while it may involve the same acts
PERTY OF SAN BEDA subject
of the administrative case requires proof of guilt beyond reasonable doubt (Icasiano v. People, G.R.
No.95642, May 28, 1992). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
32
100. Joy, an RTC stenographer, retired at the age of 65. She left unfinished the transcription of her notes in
OPERTY OF SAN BEDA
a criminal case which was on appeal. The Court of Appeals ordered Joy to transcribe her OF
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SANShe
notes. BEDA UNIVERS
refused to REPRODUCE. OF LAW.
comply with the order NOT FOR
reasoning thatSALE. DO NOT
she was REPRODUCE.
no longer OF LAW.
in the government NOT FOR
service. The SALE.
CA DO NOT
declared Joy in contempt of court and she was incarcerated. Joy filed a petition for habeas corpus
arguingUNIVERSITY COLLEGE
that her incarceration PROPERTY
is OF SAN
tantamount BEDA UNIVERSITY
to illegal COLLEGE
detention and to require PROPERTY
her to workOFsans
SAN BEDA UNIV
compensation OF LAW.
would be involuntary NOT FOR
servitude. SALE.(1993
Decide. DO NOT
Bar)REPRODUCE. OF LAW. NOT FOR SALE. DO N
The order to compel her to transcribe the stenographic notes does not violate the rule on involuntary
servitude. REPRODUCE.
Involuntary OF LAW.
servitude denotes NOT FOR
a condition of SALE. DO NOT
enforced, REPRODUCE.
compulsory OFtoLAW.
service of one NOTorFOR
another the SALE. DO N
condition of one who is compelled by force, coercion, or imprisonment, and against his will, to labor for another,
whether he is paid or not, which is not present in this case. A court is empowered to compel a former court
stenographer OF LAW. NOT
to transcribe stenographic FOR as
notes, SALE.
partDOofNOT REPRODUCE.
its inherent OF LAW. NOT
powers. Moreover, FOR SALE. DO NOT
the resulting
incarceration is lawful
OPERTY OF SAN BEDA UNIVERSITY COLLEGE because it is the direct consequence of her
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE disobeying a court order (Aclaracion
PROPERTY OF SAN BEDA v. UNIVERS
Gatmaitan, G.R. No. L-39115, May 26, 1975).
101. The DENR inspected
RTY OF SAN BEDA UNIVERSITY COLLEGE a commercial building owned by X and found
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE it to be in violation of
PROPERTY OFthe Philippine
Clean Water Act, and thus fined it P10,000.00 per day of violation amounting to P3.98M, in accordance
. NOT FOR SALE. DOwith
NOTSection
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE.
28 thereof. X objected to the imposition of the fine and the constitutionality of the Act, DO NOT REPR
arguing that it imposed an excessive fine in violation of Art. III, Sec. 19(1) of the Constitution, and that
UNIVERSITY COLLEGE
fine may cause PROPERTY
a grave impact OF business
on his SAN BEDAoperations.
UNIVERSITYRule
COLLEGE PROPERTY OF SAN BEDA UNIVERSI
on X’s objection.
X’s objection
PERTY OF SAN BEDA UNIVERSITY is not correct.
COLLEGE First, theOF
PROPERTY right
SANagainst
BEDAexcessive fines
UNIVERSITY applies only to
COLLEGE criminal prosecutions,
but this case is an administrative proceeding. Second, for a penalty to be considered obnoxious to the
AW. NOT FOR SALE.Constitution,
it needs to be more than merely being harsh, excessive, out of proportion, or severe. To come
under the prohibition,
RTY OF SAN BEDA UNIVERSITY COLLEGE the penalty mustOF
PROPERTY be SAN
flagrantly
BEDAand plainly oppressive
UNIVERSITY COLLEGE or so disproportionate
PROPERTY OF to theBEDA
SAN offense
UNIVERSITY C
committed as to shock the moral sense of all reasonable persons as to what is right and proper under the
. NOT FOR SALE. DOcircumstances.
NOT REPRODUCE. Lastly, a law cannot be declared unconstitutional simply because the fine imposed may cause NOT REPR
grave impact on penalizedPROPERTY
businessesOF SAN BEDA
(Republic UNIVERSITY
v. Dela Merced &COLLEGE PROPERTY
Sons, Inc., G.R. OF SAN
No. 201501, BEDA22,
January UNIVERSITY C
2018, Covered
. NOT FOR SALE. DO NOT REPRODUCE. Cases). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
102. The Trust Receipts
RTY OF SAN BEDA UNIVERSITY COLLEGE Law provides that when the entrustee in
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE a trust receipt agreementOF
PROPERTY fails
SANtoBEDA
deliver
UNIVERSITY C
the proceeds of the sale or to return the goods if not sold to the entrustee-bank, the entrustee is liable
for estafa under the RPC. Does this provision violate the constitutional right against imprisonment for
PERTY OF SAN BEDAnon-payment of a debt? Explain.
UNIVERSITY COLLEGE (1993 OF
PROPERTY Bar)
SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DONo,
NOT REPRODUCE.
it does not. The TrustOF LAW. NOT
Receipts FOR SALE.
Law does DO NOT
not punish REPRODUCE.of a debt
the non-payment OF per
LAW.se,NOT FORfailure
but the SALE. DO NOT R
PERTY OF SAN BEDAofUNIVERSITY
a person to COLLEGE PROPERTY
turn over the proceeds of aOF SAN
sale of BEDA
goods UNIVERSITY
covered by aCOLLEGE
trust receipt orPROPERTY OF SAN
to return unsold BEDA UNIVERSI
goods,
AW. NOT FOR SALE.which
DO NOTis a REPRODUCE.
public nuisance. The
OFlaw is an
LAW. NOTexercise of police
FOR SALE. power
DO NOT in the abatement OF
REPRODUCE. of aLAW.
publicNOT
nuisance, an DO NOT R
FOR SALE.
act inherently wrong that it is considered malum prohibitum (Lee v. Rodil, G.R. No.80544, July 5, 1989).
103. EO Nos. 1 and 2 issued by President Aquino created the Presidential Commission on Good
Government (PCGG) and empowered it to sequester any property shown prima facie to be ill-gotten
wealth of the
RTY OF SAN BEDA UNIVERSITY late President
COLLEGE Marcos,OF
PROPERTY his relatives
SAN and cronies.COLLEGE
BEDA UNIVERSITY EO No. 14 vests on the Sandiganbayan
jurisdiction to try hidden wealth cases. The PCGG sequestered the assets of X Corporation, Inc. which
. NOT FOR SALE. DOquestioned
the validity of LAW. NOT FOR SALE.
3 Executive OrdersDOonNOT
theREPRODUCE.
ground that they OF
areLAW.
bills NOT FOR SALE.
of attainder DO NOT REPR
and,
therefore, COLLEGE PROPERTY
unconstitutional. Decide.OF SANBar)
(1990 BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
The arguments of X Corporation are invalid. A bill of attainder is a legislative act which inflicts punishment
PERTY OF SAN BEDAwithout
UNIVERSITY
judicialCOLLEGE PROPERTY
trial. The 3 EOs OFofSAN
are not bills BEDA because
attainder UNIVERSITY
EO 14COLLEGE PROPERTY
explicitly states that anyOF SAN BEDA
judgment of UNIVERSI
AW. NOT FOR SALE.guilt
DO in theREPRODUCE.
NOT amassing or acquisition of ill-gotten
OF LAW. NOT FOR wealth
SALE.must be handed
DO NOT down by a judicial
REPRODUCE. court,
OF LAW. NOTnamely, the DO NOT R
FOR SALE.
Sandiganbayan. Additionally, the provisions of the 3 EOs immediately make clear that they do not inflict any
PERTY OF SAN BEDApunishment
UNIVERSITY COLLEGE
(Bataan ShipyardPROPERTY
& Engineering OF SAN BEDA
Co., Inc. UNIVERSITYCommission
v. Presidential COLLEGE on PROPERTY OF SANG.R.
Good Government, BEDA UNIVERSI
AW. NOT FOR SALE.No.
DO75885,
NOT REPRODUCE.
May 27, 1987). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
33
PERTY OF SAN104.
BEDACUNIVERSITY
petitioned for a writ of kalikasan,
COLLEGE PROPERTY alleging
OF SANthat
BEDAtheUNIVERSITY
governmentCOLLEGE
has failed inPROPERTY
its mandate
OFtoSAN
reduce
BEDA UNIVERSI
fossil fuel consumption, implement the Road Sharing Principle, devote public spaces along sidewalks
DO reduce
NOT REPRODUCE. OF LAW.IsNOT
air pollutant emissions. the FOR SALE.
petition DO NOT REPRODUCE.
proper? OF LAW. NOT FOR SALE. DO NOT R
PROPERTY OF SAN BEDANo.
For a writ of kalikasan to issue, the following requisites must concur:
PROPERTY OF SAN BEDA UNIVE
OF LAW. NOT FOR SALE.a.
DO There
is an actual or threatened NOT FOR
violation SALE.
of the DO NOT right
constitutional REPRODUCE. OF healthful
to a balanced and LAW. NOT FOR SALE. DO NO
ecology;
PROPERTY OF SAN BEDAb.UNIVERSITY
The actual or threatenedPROPERTY
COLLEGE violation arises
OF SANfromBEDAan UNIVERSITY
unlawful actCOLLEGE
or omission ofPROPERTY
a public official
OF SANorBEDA UNIVE
employee, or private individual or entity; and
OF LAW. NOT FOR SALE.c.DO The
NOTactual
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
or threatened violation involves or will lead to an environmental damage of such magnitude
as to prejudice
PERTY OF SAN BEDA UNIVERSITY COLLEGEthe life, health or property
PROPERTY OF SAN BEDAof inhabitants in twoCOLLEGE
UNIVERSITY or more cities PROPERTY
or provinces.OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOWhere
there are no substantial allegations that unlawful acts and omissions have been actually committed, FOR SALE. DO NOT R
PERTY OF SAN BEDAother
UNIVERSITY COLLEGE
than repeated PROPERTY
invocations OF SAN BEDA
of the constitutional rightUNIVERSITY
to health andCOLLEGE
a balanced andPROPERTY OF SANthere
healthful ecology, BEDA UNIVERSI
is no showing that
AW. NOT FOR SALE. DO NOT REPRODUCE. the requisites for the petition for a writ of kalikasan
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. are present (Segovia, et al. v. The Climate
Change Commission, G.R. No.211010, March 7, 2017).
105.
NOT FOR SALE. DO Z wasREPRODUCE.
NOT worried about her OFbrother Y, who
LAW. NOT FORhas notDO
SALE. come
NOThome for 3 months and
REPRODUCE. has not
OF LAW. NOTcommunicated
since. Knowing that Y has made many enemies and fearing that he may have been kidnapped, she
goes to court PROPERTY
to file a petition OF writ
for the SAN of
BEDA UNIVERSITY
amparo. Will theCOLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
case prosper?
No. The mere endangerment of a person’s life is not enough for the issuance of a writ of amparo. It is not
PERTY OF SAN BEDA even
UNIVERSITY COLLEGE
sufficient to allege andPROPERTY
prove thatOFa SAN BEDA
person UNIVERSITY
has COLLEGE
disappeared. PROPERTY
The petitioner OF SAN
has to show thatBEDA
the UNIVERSIT
disappearance
AW. NOT FOR SALE. DO NOT REPRODUCE. was carried out by, or with the authorization, support,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. or acquiescence of the government
OF LAW. NOT FOR SALE. or a DO NOT RE
political organization, and that there is a refusal to acknowledge the same or to give information on the fate or
PERTY OF SAN BEDA whereabouts
of the missing persons (Callo vs. Morente, G.R. No. 230324, September 19, 2017, Covered
Case). REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
106. COLLEGE of corruption
X, a whistleblower PROPERTY inOF
theSAN BEDAhas
military, UNIVERSITY COLLEGE
been in hiding PROPERTY
with a religious OF SAN BEDA
organization UNIVERSITY CO
for fear
NOT FOR SALE. DO of
NOT REPRODUCE.
threats to his life. He OF LAW. NOT
petitioned for FOR SALE.
a writ DO NOTrequesting
of amparo, REPRODUCE. OF LAW.
that the same NOT FOR
religious SALE. DO NOT REPRO
organization
be allowed
TY OF SAN BEDA UNIVERSITY to continuePROPERTY
COLLEGE providing OF
said protection.
SAN The CourtCOLLEGE
BEDA UNIVERSITY granted his PROPERTY
petition, but
OFnoted that the
religious organization is unaccredited under the Rule on the Writ of Amparo. Thus, it ruled that the
NOT FOR SALE. DO Department
NOT REPRODUCE.of NationalOF LAW. NOT
Defense FOR SALE.
be deemed theDO NOT REPRODUCE.
appropriate OF LAW. NOT
provider of protection. FOR SALE.
X insists DO NOT REPRO
that the
religious COLLEGE
TY OF SAN BEDA UNIVERSITY organization be allowed to
PROPERTY OFprovide protection.
SAN BEDA Should
UNIVERSITY X’s insistence
COLLEGE be allowed?
NOT FOR SALE. DO NOTYes.
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT
Under the Rule on the Writ of Amparo, the persons or agencies who may provide protection FOR SALE. DO NOT REPRO
to the
aggrievedCOLLEGE
parties and anyPROPERTY
member ofOFtheSAN BEDA UNIVERSITY
immediate COLLEGE
family are limited PROPERTY
to government OFand
agencies, SANaccredited
BEDA UNIVERSITY CO
persons or private
NOT FOR SALE. DO NOT REPRODUCE. institutions capable of keeping and securing
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. their safety, but
OF LAW. NOT FOR SALE.they
in respect of the latter, DO NOT REPRO
should be accredited in accordance with guidelines still to be issued. However, mere lack of accreditation
PERTY OF SAN BEDA should not dismiss
UNIVERSITY the viability
COLLEGE of an organization
PROPERTY to protect
OF SAN BEDA a granteeCOLLEGE
UNIVERSITY of a writ of amparo.
PROPERTYThe petitioner’s
OF SAN BEDA life UNIVERSIT
and liberty should be prioritized over the lack of accreditation of the protective institution of his choice (Gadian
vs. Ibrado, G.R. No. 188163 & 188195, October 3, 2017, Covered Case).
107. Z filed a petition
AW. NOT FOR SALE. DO NOT REPRODUCE. for a writ of amparo, contending that her husband
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.M was being illegally
OF LAW. NOT detained by DO NOT RE
FOR SALE.
SPO1 X. The Court granted the writ. X in turn contested the issuance of the writ of amparo, alleging
that suchCOLLEGE
issuance wasPROPERTY
a violationOF
ofSAN BEDAtoUNIVERSITY
his right presumptionCOLLEGE PROPERTY
of innocence, claimingOF SAN
that BEDA
there UNIVERSITY CO
is no
finding yet that
NOT FOR SALE. DO NOT REPRODUCE. he was actually detaining M. Is X’s allegation
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. correct? OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE on PROPERTY
No. Proceedings OF SANare
the writ of amparo BEDAnotUNIVERSITY COLLEGE
determinative PROPERTY
of any person’s OF SAN BEDA
guilt or innocence, and UNIVERSITY
no CO
NOT FOR SALE. DO penal
NOT REPRODUCE. OFThe
sanctions are meted. LAW. NOT FOR SALE.
proceedings DO NOT to
only endeavor REPRODUCE.
give the aggrievedOF LAW.immediate
parties NOT FOR SALE. DO NOT REPRO
remedies
against imminent or actual threats to life, liberty or security. The presumption of innocence is never an issue
(Republic COLLEGE PROPERTY
of the Philippines OF SAN
vs. Cayanan andBEDA UNIVERSITY
Pascua, COLLEGE
G.R. No. 181796, PROPERTY
November 7, 2017,OF SAN BEDA
Covered UNIVERSITY CO
Case).
108.
TY OF SAN BEDA X and Y, COLLEGE
UNIVERSITY minors attending an all-girls
PROPERTY Catholic
OF SAN BEDAschool, uploaded
UNIVERSITY pictures PROPERTY
COLLEGE of themselves in bikinis
OF SAN BEDA onUNIVERSITY CO
Facebook. When the school administration found out, they requested X and Y’s classmates to log in
NOT FOR SALE. DO to
NOT REPRODUCE.
their Facebook (who OF LAW. NOT
faithfully FOR SALE.
complied), DO NOT
through whichREPRODUCE. OF that
they saw pictures LAW.X NOT
and YFOR SALE. DO
uploaded of NOT REPRO
themselves smoking and drinking. The school barred them from attending the commencement
PERTY OF SAN BEDA exercises.
The parents of X and Y petitioned for a writ of habeas data. Is the writ the proper remedy?
No, the writ
PERTY OF SAN BEDA UNIVERSITY of habeas data
COLLEGE is not the
PROPERTY OFproper remedy
SAN BEDA because the
UNIVERSITY right to their PROPERTY
COLLEGE privacy wasOFnot violated.
SAN BEDA UNIVERSIT
For the writ of habeas data to be issued, there are two requirements:
a. The existence of a person’s right to informational privacy (the right of individuals to control information
TY OF SAN BEDA UNIVERSITYabout themselves);
COLLEGE and
b. An actual or threatened violation of the victim’s right to privacy in life, liberty, and security.
34
Since the administration saw the pictures through the Facebook accounts of X and Y’s classmates, it shows
that COLLEGE
the administration PROPERTY
did not resort OF SAN
to unlawful BEDAtoUNIVERSITY
means COLLEGE
view the pictures. PROPERTY OF SAN BEDA UNIVERS
Note:
OPERTY OF SAN BEDA Setting a COLLEGE
UNIVERSITY post’s or profilePROPERTY
detail’s privacy to "Friends"
OF SAN is no assurance
BEDA UNIVERSITY that it can PROPERTY
COLLEGE no longer beOFviewed by UNIVERS
SAN BEDA
another user who is not Facebook friends with the source of the content. The user’s own Facebook friend can
share REPRODUCE.
said content or tag his orOF
herLAW. NOT FOR friend
own Facebook SALE.thereto,
DO NOTregardless
REPRODUCE.of whetherOF theLAW.
user NOT
taggedFOR
by SALE.
the DO NOT
latter isUNIVERSITY
PROPERTY OF SAN BEDA Facebook friends or not with
COLLEGE the former.
PROPERTY OFAlso,
SANwhen
BEDAthe post is shared
UNIVERSITY or when a person
COLLEGE is tagged,
PROPERTY the BEDA UNIV
OF SAN
respective Facebook friends of the person who shared the post or who was tagged can view the post, the
privacy DO NOT of
setting REPRODUCE.
which was set at OF LAW. NOT
"Friends." FOR v.
(Vivares SALE.
STC,DO NOT
G.R. No.REPRODUCE.
202666, SeptemberOF29,
LAW. NOT FOR SALE. DO N
2014).
109. Miguel Sin was born in 2002 in China to a Chinese father and a Filipino mother. His parents met in
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
Shanghai where they were lawfully married in 2001. Is Miguel Sin a Filipino citizen? (2003NOT
Bar)FOR SALE. DO NOT
RTY OF SAN BEDA UNIVERSITY COLLEGE to Art.PROPERTY
Yes. According IV, Sec. 4 OF SAN1987
of the BEDA UNIVERSITYFilipino
Constitution, COLLEGE PROPERTY
citizens who OF SAN
marry aliens BEDA
retain UNIVERSITY C
their
. NOT FOR SALE. DOPhilippine citizenship, thusOF
NOT REPRODUCE. Miguel’s mother
LAW. NOT FORwas still aDO
SALE. Filipino at the time of Miguel’s
NOT REPRODUCE. OFbirth.
LAW.Likewise,
NOT FORaccording
SALE. DO NOT REPR
to Art. IV, Sec.
RTY OF SAN BEDA UNIVERSITY COLLEGE 1(2) of the Constitution, those whose mothers
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE or fathers are Filipino citizens are also
PROPERTY OF SAN BEDA Filipino
UNIVERSITY C
citizens. Thus, Miguel is a Filipino citizen.
110. A is a foreigner who has resided in the Philippines for 30 years. He petitioned for Philippine citizenship
PERTY OF SAN BEDAvia
naturalization, but the RTC denied his petition because he failed to attach a Declaration of Intention
DO Certificate
NOT REPRODUCE. OFhis
of Arrival. For LAW. NOT
part, FOR SALE.
A argued thatDO
hisNOT REPRODUCE.
30-year OFPhilippines
residency in the LAW. NOT FOR SALE. DO NOT R
exempts
him from the Declaration of Intention requirement. Additionally, he claims that he is also exempt from
submittingCOLLEGE
his CertificatePROPERTY
of Arrival OF SAN BEDA
because it is aUNIVERSITY COLLEGE
mere component PROPERTYofOFIntention,
of the Declaration SAN BEDA UNIVERSITY C
and
. NOT FOR SALE. DOtherefore
the exemption from the Declaration extends to the Certificate. Decide. OF LAW. NOT FOR SALE. DO NOT REPR
The RTC is correct in denying A’s petition. Sec. 7 of CA 473 obliges petitioners for naturalization to attach
. NOT FOR SALE. DOtheir
NOTDeclaration
REPRODUCE. OFand
of Intention LAW. NOT FOR
Certificate SALE. DO
of Arrival andNOT REPRODUCE.
Declaration OFsuch
of Intention to LAW. NOT FOR
petition. The SALE. DO NOT REPR
purpose
of the Certificate
RTY OF SAN BEDA UNIVERSITY COLLEGE of ArrivalPROPERTY
is proving OF
thatSAN
the BEDA
personUNIVERSITY
seeking naturalization
COLLEGE entered the country
PROPERTY OF SANlegally,
BEDA and
UNIVERSITY C
failure to attach this Certificate to the Petition for Naturalization renders the Petition incomplete and must be
. NOT FOR SALE. DOdenied
NOT REPRODUCE.
outright. Likewise, the Certificate and the Declaration are two separate documents; one is not a NOT REPR
componentCOLLEGE PROPERTY
of the other. Strict OF SAN
compliance withBEDA UNIVERSITYrequirements
the documentary COLLEGE forPROPERTY OF SAN
naturalization BEDA UNIVERSITY C
is necessary
. NOT FOR SALE. DObefore an applicant can acquire
NOT REPRODUCE. OF LAW.Philippine
NOT FORcitizenship.
SALE. DOThe absence
NOT of even a single
REPRODUCE. OF requirement
LAW. NOT FOR is fatal to an
SALE. DO NOT REPR
application for naturalization (Republic v. Go Hei Pung, G.R. No. 212785, April 4, 2018, Covered Case).
111. On January 2000, T, a Filipino citizen since birth, became a naturalized US citizen and renounced
AW. NOT FOR SALE.Philippine
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OFwhich
citizenship. On March 2005, she registered as a voter in the Philippines, LAW. was
NOTapproved
FOR SALE. DO NOT R
by the Election
RTY OF SAN BEDA UNIVERSITY Registration
COLLEGE Board.OF
PROPERTY OnSAN
April 2006,
BEDA she took an
UNIVERSITY Oath of Allegiance
COLLEGE PROPERTYto OF
theSAN
Philippines
BEDA UNIVERSITY C
and filed a petition for reacquisition of Philippine citizenship, which was granted. Two days later, X,
. NOT FOR SALE. DOfiled
NOTaREPRODUCE. OFexclusion
petition seeking T’s LAW. NOTfrom
FORtheSALE. DO NOT
voter’s REPRODUCE.
list on the ground that OF LAW.
T was notNOT FOR SALE.
a Filipino DO NOT REPR
citizen
when she COLLEGE
registered as PROPERTY OFher
a voter. For SANpart,
BEDA UNIVERSITY
T argued COLLEGE
that she effectivelyPROPERTY
renouncedOFherSAN BEDA UNIVERSITY C
American
. NOT FOR SALE. DOcitizenship since 2003 since
NOT REPRODUCE. she NOT
OF LAW. had FOR
already been
SALE. DO residing in the Philippines
NOT REPRODUCE. sinceNOT
OF LAW. then. Therefore,
her reacquisition of Philippine citizenship should be applied retroactively. Is T’s contention correct?
No. Sec. 3 of RA 9225 makes a distinction between those who reacquire and those who retain their Filipino
citizenship. T falls under the former category, having been naturalized as a US citizen after the effectivity of
RA 9225. Reacquisition of PH citizenship through R.A. No. 9225 does not have a retroactive OF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN
effect BEDA
which UNIVERSITY C
can
cure any and
. NOT FOR SALE. DO NOT REPRODUCE.all defects attendant during registration as a voter.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Otherwise, there would be an absurd result
where T is considered a Filipino citizen even when he already renounced his Filipino citizenship (Tan v.
PERTY OF SAN BEDACrisologo,
UNIVERSITYG.R.COLLEGE PROPERTY8,OF
No. 193993, November SANCovered
2017, BEDA UNIVERSITY
Case). COLLEGE PROPERTY OF SAN BEDA UNIVERSI
35
PERTY OF SAN112.
BEDAX,UNIVERSITY
a Filipino citizen,
COLLEGEmarried an Australian
PROPERTY OF SANcitizen
BEDA and was granted
UNIVERSITY COLLEGEAustralian citizenship
PROPERTY in 2005.
Consequently, he renounced his Philippine citizenship. In 2008, it was found that his marriage was
AW. NOT FOR SALE.void
DO NOT REPRODUCE.
for being bigamous andOFthus,
LAW. NOT
his FOR SALE.
Australian DO NOT was
citizenship REPRODUCE. OF In
nullified as well. LAW. NOT
2010, he FOR SALE. DO NOT R
returned
PERTY OF SAN BEDAtoUNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF
the Philippines and ran for the position of Mayor back in his hometown, where he won and was SAN BEDA UNIVERSI
proclaimed as such.
AW. NOT FOR SALE. DO NOT REPRODUCE. The COMELEC nullified his proclamation
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. on the ground that he was not
OF LAW. NOT FOR SALE. a DO NOT R
Philippine citizen on election day. X argued that since his Australian citizenship was void, his
Philippine COLLEGE
citizenship PROPERTY
should have OF SAN BEDA
been considered UNIVERSITY
automatically COLLEGE
restored. Decide. PROPERTY OF SAN BEDA UNIVE
X’s proclamation was invalid. Under CA No. 63 as amended by PD No. 725, Philippine citizenship may be
reacquired by direct act of Congress, by naturalization, or by repatriation. X’s claim of citizenship does OFnot
SANfallBEDA UNIVE
underDOanyNOT REPRODUCE.
of these OF LAW. NOT
methods. His allegation restoration
FOR SALE.
of automatic DO NOTbyREPRODUCE.
virtue of his marriage’s nullity
OF LAW. NOTdoes
FORnotSALE. DO NO
re-confer upon him his Philippine citizenship. It is not a cheap commodity that can be easily recovered after its
PERTY OF SAN BEDArenunciation.
UNIVERSITYItCOLLEGE PROPERTY
may be restored only afterOF
theSAN BEDA UNIVERSITY
returning renegade makesCOLLEGE PROPERTY
a formal act OF SANtoBEDA
of re-dedication the UNIVERSI
AW. NOT FOR SALE.country
DO NOT heREPRODUCE.
has abjured and he
OFsolemnly
LAW. NOT affirms
FORonce
SALE.again his total
DO NOT and exclusive loyalty
REPRODUCE. OF LAW.to the
NOTRepublic of DO NOT R
FOR SALE.
the Philippines (Labo v. COMELEC, G.R. No. 86564, August 1, 1989).
113.
NOT FOR SALE. DO X,
NOTwho was a natural born
REPRODUCE. citizen,
OF LAW. NOTlost
FORhis Filipino
SALE. DO NOTcitizenship upon his OF
REPRODUCE. naturalization
LAW. NOT FORas citizen of NOT REPRO
SALE. DO
Japan. Upon due application, he was able to repatriate and executed an affidavit of renunciation of his
JapaneseCOLLEGE PROPERTY OF SAN
citizenship. Subsequently, BEDA
X filed UNIVERSITY
a certificate COLLEGE for the
of candidacy PROPERTY OFrace
mayoralty SAN in
BEDA UNIVERSITY CO
Samar
NOTwon
REPRODUCE.
the elections. OF
ButLAW. NOT FOR Y,
his opponent, SALE. DO NOT
contends REPRODUCE.
that OF LAW.
X should have been NOT FORbecause
disqualified SALE. DOit NOT REPRO
was discovered that X was using his Japanese passport even after renunciation of his Japanese
PERTY OF SAN BEDA Citizenship.
UNIVERSITY Is COLLEGE PROPERTY
Y’s contention correct?OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
Yes. The use of a foreign passport after renouncing one’s foreign citizenship is a positive and voluntary
PERTY OF SAN BEDA act
of representation as to one’s nationality and citizenship. While the act itself does not divest the Filipino
citizenship regained by repatriation, it nonetheless recants the Oath of RenunciationOF
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW. to
required NOT FORone
qualify SALE.to DO NOT RE
run for an elective position (Maquiling v. COMELEC, G.R. No. 195649, April 16, 2013).
NOT FOR SALE. DO In
114. NOT REPRODUCE.
1940, X was found OFaLAW.
as babyNOT
by aFOR SALE.couple
Filipino DO NOTin REPRODUCE.
Cebu City with noOF LAW. NOTofFOR
indication his SALE.
name DO
or NOT REPRO
ancestry. The couple raised him and named him as their own. 30 years later, X filed his Certificate of
Candidacy COLLEGE PROPERTY
for the Presidential OF SANHis
elections. BEDA UNIVERSITY
candidacy was COLLEGE
contested by PROPERTY OF SAN
Z, who alleged thatBEDA UNIVERSITY CO
X is not
NOT FOR SALE. DO qualified because he isOF
NOT REPRODUCE. a foundling,
LAW. NOT and
FOR therefore
SALE. DO does not meet the requirement
NOT REPRODUCE. OF LAW. of being
NOT FORaSALE.
natural-
DO NOT REPRO
born citizen. Is Z’s claim tenable?
NOT FOR SALE. DO NOTZ’s
REPRODUCE. OF LAW.
claim is not tenable. NOT FOR
Foundlings are SALE. DO NOT
considered REPRODUCE.
natural-born OF LAW.
citizens under NOT FOR
Philippine law.SALE. DO NOT REPRO
Applying
the provisions of the 1935 Constitution to X’s case, it is silent with no restrictive language on the citizenship of
PERTY OF SAN BEDA foundlings,
UNIVERSITY yetCOLLEGE PROPERTY
the deliberations show thatOFthe
SAN BEDA intended
framers UNIVERSITY COLLEGE
foundlings PROPERTY
to be covered by theOF SAN BEDA UNIVERSIT
enumeration
on natural-born OF LAW.
citizens. Moreover, NOT FOR
treaties, SALE. DO conventions,
international NOT REPRODUCE. OF accepted
and generally LAW. NOTinternational
FOR SALE. DO NOT RE
PERTY OF SAN BEDA law principles,COLLEGE
UNIVERSITY all of which the Philippines
PROPERTY OFadheres
SAN BEDA to, support the presumption
UNIVERSITY COLLEGE of natural-born
PROPERTY citizenship for UNIVERSIT
OF SAN BEDA
foundlings (Poe-Llamanzares v. COMELEC, G.R. Nos. 221698-700, March 8, 2016).
115. X inquired in the Bureau of Immigration about the requirement for obtaining an accreditation in order
to admit foreign PROPERTY
students OFCare
in her Day SAN and
BEDA UNIVERSITY
Tutorial CenterCOLLEGE PROPERTY Officer,
from Y, an Immigration OF SAN who
BEDAtold
UNIVERSITY CO
her that she has
NOT FOR SALE. DO NOT REPRODUCE. to pay Php50,000 processing fee. Y further demanded
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. for an "honorarium" admitting
that the transaction is under the table. The Office of the Ombudsman found Y guilty of Grave
Misconduct and violation of Sec. 7 (d) of R.A. 6713 and imposed the penalty of dismissal from the
NOT FOR SALE. DO service.
NOT REPRODUCE.
CA lowered theOF LAW. NOT
penalty FOR SALE. for
to suspension DO 1NOT
yearREPRODUCE. OF LAW.that
without pay considering NOTitFOR
wasSALE. DO NOT REPRO
the first
time Y was found to be administratively liable. Was CA correct in lowering the penalty to 1-year
PERTY OF SAN BEDA suspension?
No, CA isCOLLEGE
PERTY OF SAN BEDA UNIVERSITY not correct. The 2017 Rules
PROPERTY OFonSAN
Administrative in the Civil
BEDA UNIVERSITY Service and R.A.
COLLEGE 6713 doOF
PROPERTY not consider
SAN BEDA UNIVERSIT
a first-time offender as a mitigating circumstance. One must preserve the trust reposed upon him by the people
to remain OF LAW.
in public service. One NOT FOR
can continue SALE.public
to hold DO NOTofficeREPRODUCE.
only for as long asOF
heLAW.
or sheNOT FORworthy
proves SALE. DO NOT RE
of public trust (Office of the Ombudsman vs. Regalado, G.R. Nos. 208481-82, February 7, 2018, Covered
Case).
36
116. X, who was previously an employee of the Bangko Sentral ng Pilipinas, was appointed as the Senior
Technical Assistant in the Office of the Mayor of City of Manila by the mayor himself. His appointment
LAW. NOT FOR SALE. DOforwarded
was NOT REPRODUCE.
to the CSC forOF LAW. NOT
approval, FORwas
which SALE. DO NOT approved.
eventually REPRODUCE.One yearOFafter,
LAW. NOT
the FORwas
mayor SALE. DO NOT
informed that X’s appointment was in violation of the provisions of the Civil Service Law, since his
appointment COLLEGE by aPROPERTY
was approved OF SAN
certain officer who BEDA
had UNIVERSITY
no authorityCOLLEGE PROPERTYthe
to do so. Accordingly, OF CSC
SAN BEDA UNIV
ordered NOT REPRODUCE.
termination OF LAW.
of services NOTthe
of X. May FORCSCSALE. DO NOT
revoke the REPRODUCE.
appointment? OF LAW. NOT FOR SALE. DO N
No, the CSC may not revoke the appointment. The appointment of X was already complete, as the law
OF LAW. NOT FOR SALE. DO require
does not NOT REPRODUCE.
the prior approvalOF
andLAW. NOT FOR
certification of SALE. DO NOT
appointment REPRODUCE.
when OF LAW. NOTMore
there is only a reinstatement. FOR SALE. DO N
importantly, as a general rule, an appointment once made is irrevocable and not subject to reconsideration.
The rule is qualified, however, where the assent, confirmation or approval of some other officer or body is
needed REPRODUCE.
before the appointmentOF LAW.
may NOT
issue andFOR SALE. DO
be deemed NOT REPRODUCE.
complete. OFisLAW.
Since the approval NOT FOR
no longer SALE. DO NOT
needed,
X’s appointment may
OPERTY OF SAN BEDA UNIVERSITY COLLEGE not be revoked (Mitra v. Subido, G.R. No. L-21691,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE September 15, 1967).
. NOT FOR SALE.
117.DODifferentiate
NOT REPRODUCE. OFappointment
an ad interim LAW. NOT FOR SALE.
from DO NOT REPRODUCE.
an appointment OF LAW. NOT FOR SALE. DO NOT REPR
in acting capacity.
An ad interim appointment, made while the Congress is not in session, is permanent appointment and
. NOT FOR SALE. DOtakes
NOT effect
REPRODUCE.
immediately and can no longer be withdrawn by the President onceOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. theLAW. NOT FOR
appointee SALE. DO NOT REPR
has qualified
into office. The fact that it is subject to confirmation by the Commission on Appointments does not alter its
PERTY OF SAN BEDApermanent
UNIVERSITY COLLEGE
character. PROPERTY
The Constitution OF SAN
(Sec. BEDA
16, Art. VII)UNIVERSITY
itself makes an COLLEGE PROPERTY permanent
ad interim appointment OF SAN BEDA in UNIVERSI
AW. NOT FOR SALE.character
DO NOT REPRODUCE. OF LAW.
by making it effective NOT FOR SALE.
until disapproved by DO
the NOT REPRODUCE.
Commission OF LAW.
on Appointments or NOT
until FOR
the SALE.
next DO NOT R
PERTY OF SAN BEDAadjournment
UNIVERSITYofCOLLEGE
Congress. On PROPERTY
the other hand, an appointment
OF SAN BEDA UNIVERSITY in actingCOLLEGE
capacity can be withdrawn
PROPERTY OForSANrevoked
BEDA UNIVERSI
at the pleasure of the appointing power. An ad interim appointee enjoys security of tenure, while an appointee
AW. NOT FOR SALE.inDO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
acting capacity does not enjoy security of tenure. Ad interim appointments are submitted to the Commission
on Appointments
RTY OF SAN BEDA UNIVERSITY COLLEGEfor confirmation
PROPERTYor rejection, whereas
OF SAN BEDA appointments
UNIVERSITY in acting capacity
COLLEGE PROPERTYare OF
not SAN
submitted
BEDA toUNIVERSITY C
the CA (Matibag vs. Benipayo, G.R. No. 149036, April 2, 2002).
118. Land Bank of the Philippines (LBP) engaged MSA Academic Advance Institute to conduct refresher
program two batches, to LBP officers nationwide to prepare its officers holding temporary
. NOT FOR SALE. DOappointments
NOT REPRODUCE. for the Career Service Aptitude examination. During the OF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW.
Audit NOT FOR SALE.
Observations, DO NOT REPR
LBP
Auditor classified
RTY OF SAN BEDA UNIVERSITY COLLEGE the expenses as unnecessary/excessive expenses
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE and recommended the refund of
. NOT FOR SALE. DOsuch. COA disallowed payments made by LBP to MSA representing the refresher course and
examination review fees, and two (2) travel expenses incurred by bank officers in connection with said
PERTY OF SAN BEDArefresher course.
UNIVERSITY Rule on the
COLLEGE disallowance
PROPERTY made
OF SAN by UNIVERSITY
BEDA COA. COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOCOA
NOT erred
REPRODUCE. OF LAW.
when it disallowed NOT FOR SALE.
the expenses DO NOT
disbursed REPRODUCE.
by LBP for the refresherOF LAW.ofNOT
course FOR SALE.
its officers to DO NOT R
PERTY OF SAN BEDAMSA.
UNIVERSITY COLLEGE
A refresher PROPERTY
course conducted to OF SAN BEDA officers
Government UNIVERSITY COLLEGE necessary
are considered PROPERTY andOF SAN BEDA UNIVERSI
reasonable
AW. NOT FOR SALE.expenditures. The aim of the refresher
DO NOT REPRODUCE. OF LAW.course
NOT FORis toSALE. theNOT
assistDO bank’s officers to pass the
REPRODUCE. OF eligibility
LAW. NOT examination
FOR SALE. DO NOT R
and to strengthen the bank’s upper management group who supervises LBP’s branches and field offices
nationwideCOLLEGE PROPERTY
while performing highly OF SAN BEDA
technical UNIVERSITYcore
or specialized COLLEGE PROPERTY
banking functions OF SAN
(Land BankBEDA UNIVERSITY C
of the
Philippines vs.
. NOT FOR SALE. DO NOT REPRODUCE. Commission on Audit, G.R. No. 213424, July 11,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.2017, Covered Case).
119.UNIVERSITY
RTY OF SAN BEDA S is the Secretary
COLLEGEof the Department
PROPERTY OF of SAN
Finance
BEDA and is also an ex-officio
UNIVERSITY COLLEGE member of the Monetary
PROPERTY Board
of the Bangko Sentral ng Pilipinas from which he receives an additional compensation for every Board
. NOT FOR SALE. DOmeeting
NOT REPRODUCE. OF LAW. filed
attended. R, a taxpayer, NOT aFORsuitSALE. DO NOT
to declare S’sREPRODUCE.
membership in theOFMonetary
LAW. NOTBoard
FOR SALE.
and hisDO NOT REPR
receipt of COLLEGE PROPERTY OF
additional compensation SAN BEDA
illegal and inUNIVERSITY
violation ofCOLLEGE PROPERTY
the Constitution. OF SAN
R invoked BEDAVII,
Article UNIVERSITY C
Section 13 of
. NOT FOR SALE. DO NOT REPRODUCE. the Constitution which provides that “the President,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless otherwise provided in the Constitution, hold
PERTY OF SAN BEDAany other office
UNIVERSITY or employment
COLLEGE during
PROPERTY theirBEDA
OF SAN tenure”. R also COLLEGE
UNIVERSITY cited Article IX-B,
PROPERTY OF 8SAN
Section of BEDA
the UNIVERSI
AW. NOT FOR SALE.Constitution, which provides
DO NOT REPRODUCE. OFthat “no
LAW. elective
NOT or appointive
FOR SALE. public officer or employee
DO NOT REPRODUCE. shallFOR
OF LAW. NOT receive
SALE. DO NOT R
additional, double, or indirect compensation, unless specifically authorized by law”. Decide on the
PERTY OF SAN BEDAfollowing
UNIVERSITY COLLEGE
issues: PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
a. The issue regarding the holding of multiple positions
b. The issue on thePROPERTY OFadditional
payment of SAN BEDAorUNIVERSITY COLLEGE
double compensation PROPERTY OF SAN BEDA UNIVERSITY C
37
a. The validity
PERTY OF SAN BEDA UNIVERSITY COLLEGEof the designation
PROPERTY of S
OFasSAN
ex officio
BEDAmember of theCOLLEGE
UNIVERSITY Monetary Board should beOF
PROPERTY upheld. The UNIVERSI
SAN BEDA
term ex-officio means "from office; by virtue of office." It refers to an "authority derived from official
AW. NOT FOR SALE. DO NOTcharacter
REPRODUCE.merely, notOF LAW. NOT
expressly FOR SALE.
conferred uponDO
theNOT REPRODUCE.
individual OFrather
character, but LAW.annexed
NOT FORtoSALE.
the DO NOT R
official position." The prohibition against the holding of multiple positions by Cabinet Members in Art. UNIVERSI
AW. NOT FOR SALE. DO NOTVII, Sec. 13 of the Constitution
REPRODUCE. OF LAW. NOT doesFORnot apply
SALE. DOtoNOT
positions occupied in an
REPRODUCE. OFex officio
LAW. NOTcapacity as DO NOT R
FOR SALE.
provided by law and as required by the primary functions of their office (Civil Liberties Union vs.
ExecutiveCOLLEGE PROPERTY
Secretary, G.R. No. 83896,OF SAN BEDA
February 22, UNIVERSITY
1991). COLLEGE PROPERTY OF SAN BEDA UNIVE
b. S cannot receive any additional compensation. The ex-officio position being actually and in legal
contemplation part of the principal office, it follows that the official concerned has no right toOF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN BEDA UNIVE
receive
OF LAW. NOT FOR SALE. DO additional
NOT REPRODUCE.
compensation OF
for LAW. NOT FOR
his services in theSALE.
saidDO NOT REPRODUCE.
position. A cabinet member OF LAW.anNOT
holding FOR SALE. DO NO
ex officio
position has no right to receive additional compensation, for his services in that position are already
paid for PROPERTYattached
by the compensation OF SAN BEDA
to his UNIVERSITY COLLEGE
principal office PROPERTY
(Civil Liberties OF Executive
Union vs. SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOTSecretary,
REPRODUCE.G.R. No. 83896, February
OF LAW. 22, SALE.
NOT FOR 1991).DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN120.
BEDAB,UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
the owner of a building in Manila, contested the possession of A of the said building. B then filed an
AW. NOT FOR SALE.ejectment
DO NOT REPRODUCE.
case against A. AOF LAW. NOT
procured theFOR SALE. of
services DOAtty.
NOTX, REPRODUCE.
a punong barangay, OF LAW. NOT
as his FOR SALE.
counsel. B DO NOT R
subsequently filed an administrative case against Atty. X, alleging that the latter has committed an act
of impropriety PROPERTY
as a public officer OF SANheBEDA
when stood UNIVERSITY COLLEGE
as A’s counsel knowingPROPERTY OF SAN BEDA
that he presided UNIVERSITY CO
over the
NOT FOR SALE. DO conciliation
NOT REPRODUCE.
proceedings.OF Decide.
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
B is correct. While certain local elective officials (like governors, mayors, provincial board members and
NOT FOR SALE. DO councilors)
NOT REPRODUCE.
are expressly subjected to a total or partial proscription to practice OF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. theirLAW. NOT FOR
profession SALE. DO
or engage in NOT REPRO
PERTY OF SAN BEDA any occupation, no such interdiction is made on the punong barangay and the members of the sangguniang
barangay. However, a civil service officer or employee whose responsibilities do not require his time to be fully
at the REPRODUCE.
disposal OF LAW.
of the government NOT FOR
can engage in SALE. DO NOT
the private REPRODUCE.
practice of law only withOF
theLAW. NOT
written FOR SALE.
permission of DO NOT RE
the head of the department PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
concerned, as provided under Sec. 12, Rule XVIII of PROPERTY OF SAN BEDA UNIVERSIT
the Revised Civil Service
Rules (Catu v. Rellosa, A.C. No. 5738, February 19, 2008). As punong barangay, Atty. X should have therefore
obtained the prior written permission of the Secretary of Interior and Local Government before he entered his
appearance
TY OF SAN BEDA UNIVERSITY as counsel. Hence,
COLLEGE Atty.OF
PROPERTY X violated
SAN BEDA the UNIVERSITY
Civil Service COLLEGE
Rules. PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO Y,
121. NOT REPRODUCE.
a court interpreter ofOF LAW.
RTC NOT FOR
Laguna, SALE. DO NOT
impersonated REPRODUCE.
herself as X when sheOF LAW.
took onNOT FOR SALE.
the latter’s DO NOT REPRO
behalf
the Civil COLLEGE
TY OF SAN BEDA UNIVERSITY Service Eligibility Examination
PROPERTY OF SANfor Teachers.
BEDA A decision
UNIVERSITY was rendered
COLLEGE dismissing
PROPERTY OF SAN her from
BEDA UNIVERSITY CO
service. The OCA argues that she should have also been disqualified to the release of her accrued
NOT FOR SALE. DO credits
NOT REPRODUCE.
prior to her dismissal, since it was already forfeited by virtue of her dismissal. Is the OCA’s NOT REPRO
argumentCOLLEGE
correct? PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
No, the OCA’s argument is not correct. Despite Y’s dismissal on the ground of dishonesty, she should
nevertheless be entitled to receive
PERTY OF SAN BEDA UNIVERSITY COLLEGE her accrued
PROPERTY leave UNIVERSITY
OF SAN BEDA credits, if any, pursuant to Sec.
COLLEGE 58(a) ofOFthe
PROPERTY SANUniform
BEDA UNIVERSIT
Rules on Administrative Cases in the Civil Service (URACCS) which does not include the forfeiture of the
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR
same. It is a standing rule that despite their dismissal from the service, government employees are entitled to
SALE. DO NOT RE
UNIVERSITY COLLEGE
leave credits PROPERTY
that they have OF SAN
earned during theBEDA
periodUNIVERSITY COLLEGEAs a matter
of their employment. PROPERTY OF SAN
of fairness andBEDA
law, UNIVERSIT
they may not be
AW. NOT FOR SALE. DO NOT REPRODUCE. deprived of such remuneration, which they have
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. earned prior to their dismissal (Office
OF LAW. NOT FOR SALE. of the DO NOT RE
Court Administrator vs. Ampong, A.M. No. P-13-3132, June 4, 2014, Perlas-Bernabe, J., Covered Case).
122. Teodora, the
NOT FOR SALE. DO NOT REPRODUCE.branch clerk of court of MeTC Br. 24 Manila,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.requested the OCA to consider
OF LAW. NOT FORVladimir’s
SALE. DO NOT REPRO
‘Absence Without Official Leave’ (AWOL), in view of Vladimir’s continuous absence since September
TY OF SAN BEDA UNIVERSITY COLLEGE 2012
2018 to December PROPERTY OF SAN BEDA
and March-May UNIVERSITY
2013 without filingCOLLEGE
any leave ofPROPERTY
absence. OF SANVladimir’s
After BEDA UNIVERSITY CO
NOT FOR SALE. DO refusal
NOT REPRODUCE.
to comment, OCAOF LAW. NOT FOR SALE.the
has recommended DO filing
of an administrative case NOT FORground
on the SALE. DO
of NOT REPRO
habitual absenteeism. Is OCA correct?
REPRODUCE.
OCA is correct. OF LAW.
Under NOT FOR SALE.
Memorandum DO No.
Circular NOT4,REPRODUCE.
Series of 1991, of OF
the LAW. NOT FOR
Civil Service SALE. DO NOT REPRO
Commission
(CSC), anCOLLEGE
TY OF SAN BEDA UNIVERSITY officer or employee in the
PROPERTY OFcivil
SANservice
BEDA shall be considered
UNIVERSITY COLLEGE habitually absent if OF
PROPERTY he SAN
or she
BEDAincurs
UNIVERSITY CO
unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the leave law for at
NOT FOR SALE. DO least
NOT REPRODUCE. OF LAW.orNOT
3 months in a semester; FOR3SALE.
at least DO NOTmonths
consecutive REPRODUCE.
during theOF LAW.
year. NOT FOR
Applying SALE. DO NOT REPRO
the foregoing
rule, Vladimir is considered to have incurred unauthorized absences exceeding the allowable period by law.
PERTY OF SAN BEDA Vladimir
incurred 72.5 absences in the year 2012, and 61 unauthorized absences in the year 2013, clearly
AW. NOT FOR SALE. DO NOTwhat
beyond REPRODUCE.
is allowed by law.OF To
LAW. NOTpublic
inspire FOR SALE.
respectDOforNOT
the REPRODUCE. OFofficials
justice system, court LAW. NOT FOR SALE. DO NOT RE
and employees
PERTY OF SAN BEDA should, at all COLLEGE
UNIVERSITY times, strictly observe
PROPERTYofficial time BEDA
OF SAN (OfficeUNIVERSITY
of the CourtCOLLEGE
Administrator PROPERTY
v. Bravo, A.M. No. P-17-
3710 [Formerly A.M. No. 13-6-44-MeTC], March 13, 2018, Covered Case).
38
123. Discuss the Arias Doctrine.
LAW. NOT FOR SALE. DOAllNOT REPRODUCE.
heads of offices have toOFrelyLAW. NOT FOR SALE.
to a reasonable extentDO
on NOT REPRODUCE.and onOF
their subordinates theLAW.
goodNOT
faith FOR SALE. DO NOT
of those
who
OPERTY OF SAN BEDA perform functions
UNIVERSITY COLLEGE within their power of
PROPERTY OFcontrol
SAN BEDAor supervision
UNIVERSITY such as specific clerical
COLLEGE PROPERTYor administrative
OF SAN BEDA UNIVERS
tasks, or even limited exercise of discretion. However, the application of the doctrine is subject to the
qualification OF LAW.
that the public official has noNOT FOR SALE. of
foreknowledge DOany
NOT REPRODUCE.
facts or circumstancesOF LAW.
that NOT
would FOR him
prompt SALE. DO NOT
or her UNIVERSITY
PROPERTY OF SAN BEDA to investigateCOLLEGE
or exercise a PROPERTY
greater degree of care
OF SAN BEDA(Abubakar vs. People,
UNIVERSITY COLLEGE G.R. No. 202408, 202409,
PROPERTY OF SAN BEDA UNIV
202412, June 27, 2018, Covered Case).
124. PNP applied with RTC Quezon City for a warrant to search 3 caves located inside Y’s compound in
Davao City, where alleged remains of the victims summarily executed by a notorious “Death Squad”
LAW. NOT FOR SALE. DObe
may NOT REPRODUCE.
found. OFas
Judge X, acting LAW.
ViceNOT FOR SALE.
Executive JudgeDOofNOT
RTCREPRODUCE. OF LAW.
Quezon City, issued NOT warrant.
a search FOR SALE. DO NOT
However, Y claims that
OPERTY OF SAN BEDA UNIVERSITY COLLEGE Judge X had no authority to act as Vice Executive
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE Judge
PROPERTY OF SANsaid
and issue the BEDA UNIVERS
Search Warrant in view of an administrative case wherein he was penalized with fines of P15,000 and
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR
P5,000, as a result of which has divested him of authority to act as Vice Executive Judge. Is the
SALE. DO NOT
contentionCOLLEGE
RTY OF SAN BEDA UNIVERSITY of Y correct?PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOTNo,REPRODUCE.
Y’s contention isOFnotLAW. NOT FOR
entirely SALE.
correct. DO NOT
While REPRODUCE.
the Supreme OF LAW.
Court agrees that NOT FOR SALE. DO
the imposition of NOT REPR
administrative
RTY OF SAN BEDA UNIVERSITY penalties did
COLLEGE operate toOF
PROPERTY divest
SAN Judge X’s authority COLLEGE
BEDA UNIVERSITY to act as Vice PROPERTY
Executive Judge,
OF SANit must
BEDAbe
UNIVERSITY C
. NOT FOR SALE. DOqualified that the abstraction
NOT REPRODUCE. OFofLAW.
suchNOT
authority would DO
FOR SALE. not,NOT
by itself, result in the invalidity
REPRODUCE. OF LAW. of the
NOTSearch Warrant
considering that Judge X may be considered to have made the issuance as a de facto officer whose acts
PERTY OF SAN BEDAwould, nonetheless,
UNIVERSITY remain valid.
COLLEGE A de facto
PROPERTY OF officer
SAN BEDAis oneUNIVERSITY
who is in possession
COLLEGEof an office,
PROPERTYand isOF
discharging
SAN BEDA UNIVERSI
his duties under color of authority, by which is meant authority derived from appointment, however irregular or
informal. In order for the de facto doctrine to apply, all of the following elements must concur:
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
a. There must be a de jure office; OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOb.NOTThere
REPRODUCE.
must be color ofOFright
LAW. NOT FOR
or general SALE. DO NOT
acquiescence REPRODUCE.
by the public; and OF LAW. NOT FOR SALE. DO NOT R
c. There must be actual physical possession of the office in good faith.
. NOT FOR SALE. DO NOTThe lawful acts of a de
REPRODUCE. OFfacto
LAW.officer,
NOT FORso farSALE.
as the
DOrights
NOTofREPRODUCE.
third person are concerned are, ifFOR
OF LAW. NOT done within
SALE. DO NOT REPR
the scope and by apparent authority of the office, considered valid and binding (Laud vs. People, G.R. No.
199032, November 19, 2014).
125. Are de facto officers entitled to their salaries and other compensation?
. NOT FOR SALE. DO NOT AsREPRODUCE.
a general rule, the OF LAW.
de jure NOTorFOR
officer the SALE.
rightfulDO NOT REPRODUCE.
incumbent may recover fromOF LAW.
a de NOT
facto FORthe
officer SALE. DO NOT REPR
salary
received by
RTY OF SAN BEDA UNIVERSITY COLLEGEthe latter during the time of wrongful tenure even
PROPERTY OF SAN BEDA UNIVERSITY COLLEGEthough the latter is in good faith and under color
of title (Monroy v. CA, G.R. No. L-23258, July 1, 1967). However, in cases where there is no de jure officer, a
. NOT FOR SALE. DOde
facto officer, who, in good faith has had possession of the office and has discharged OF LAW. theNOT FORpertaining
duties SALE. DO NOT REPR
PERTY OF SAN BEDAthereto, is legally entitled to the emoluments of the office, and may in an appropriate action recover the salary,
fees and other compensations attached to the office. This doctrine is, undoubtedly, supported on equitable
AW. NOT FOR SALE.grounds
DO NOTsinceREPRODUCE.
it seems unjustOF thatLAW. NOT FOR
the public SALE.
should DO NOT
benefit by theREPRODUCE. OF LAW.
services of an officer NOT
de facto andFOR
thenSALE.
be DO NOT R
freed from all liability to pay anyPROPERTY OF SAN BEDA UNIVERSITY COLLEGE
one for such services. Any per diem, allowances or PROPERTY OF SAN BEDA UNIVERSI
other emoluments received
AW. NOT FOR SALE.byDO
theNOT
respondents
REPRODUCE. by virtue ofOF
actual
LAW.services rendered
NOT FOR in the
SALE. DO questioned
NOT positions may
REPRODUCE. OF therefore
LAW. NOT beFOR
retained
SALE. DO NOT R
by them (Civil Liberties Union v. Executive Secretary, G.R. No. 83896; February 22, 1991).
126. An administrative case was filed against D, a court stenographer, requesting that he be dropped from
. NOT FOR SALE. DOthe
NOT REPRODUCE.
rolls OF LAW.
due to his absences NOT FOR
without SALE.
official DO Records
leave. NOT REPRODUCE. OF not
show that D has LAW. NOT FORhis
submitted SALE. DO NOT REPR
daily
time record
RTY OF SAN BEDA UNIVERSITY from February
COLLEGE 3, 2017OF
PROPERTY until
SAN July
BEDA2017 nor filed any
UNIVERSITY application
COLLEGE for leaveOF
PROPERTY covering such
period thus making him absent without approved leave. D’s name was excluded from the payroll,
. NOT FOR SALE. DOnotwithstanding,
he is still in the NOT FOR of
plantilla SALE. DO NOTand
personnel REPRODUCE. OF LAW. NOT
is therefore considered FOR service.
in active SALE. DO NOT REPR
The Presiding PROPERTY
Judge requested OF SAN
to drop BEDA
D from UNIVERSITY
the COLLEGE
rolls or declare PROPERTY
his position OF SAN BEDAhis
vacant considering UNIVERSITY C
absences without
. NOT FOR SALE. DO NOT REPRODUCE. official leave. Was the removal from the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.rolls proper? OF LAW. NOT FOR SALE. DO NOT REPR
Yes, the removal
PERTY OF SAN BEDA UNIVERSITY COLLEGE of D from the rolls OF
PROPERTY is proper.
SAN BEDAProlonged unauthorized
UNIVERSITY COLLEGE absences is prejudicial
PROPERTY OF SANto public
BEDA UNIVERSI
service thus, warrants removal from the rolls. Under the Civil Service Commission Memorandum Circular No.
AW. NOT FOR SALE.13,
DOSeries
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR
of 2007, an official or employee who is continuously absent without approved leave for at least 30
SALE. DO NOT R
PERTY OF SAN BEDAworking
UNIVERSITY COLLEGE
days shall PROPERTY
be considered absentOF SAN BEDA
without UNIVERSITY
official COLLEGE
leave and shall PROPERTY
be separated OFservice
from the SAN BEDAor UNIVERSI
dropped from the
AW. NOT FOR SALE. DO NOT REPRODUCE. rolls without prior notice. Here, D had been absent
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. for the months of February to July 2017
without official leave and shall be separated from the service or dropped from the rolls without prior notice. His
prolonged unauthorized PROPERTY
absences OF SAN
caused BEDA UNIVERSITY
inefficiency in the publicCOLLEGE PROPERTY
service as it disrupted theOF SAN BEDA
functions UNIVERSITY C
of the
court. Thus, the
. NOT FOR SALE. DO NOT REPRODUCE. removal was proper (Re: Dropping from the Rolls
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of Mr. Arno D. Del Rosario, A.M. No. 17-12-
135-MeTC, April 16, 2018, Perlas-Bernabe, J., Covered Case).
39
PERTY OF SAN127.
BEDAOn 1992, Dr. Bautista
UNIVERSITY COLLEGEwas previously
PROPERTYappointed by Governor
OF SAN BEDA Sarmiento
UNIVERSITY as the Provincial
COLLEGE PROPERTY Health
OF SANOfficer
BEDA UNIVERSI
II (PHO II) of DOH Regional Office of Zamboanga. However, due to the introduction of devolution by
DOLocal
NOT REPRODUCE.
Government Code, OFDr.
LAW. NOT FORposition
Bautista’s SALE. DOwould
NOT REPRODUCE.
now be devolved OF LAW.of
to LGU NOT
theFOR SALE. DO NOT R
Basilan
PERTY OF SAN BEDAProvince.
UNIVERSITYThis time, Governor Sarmiento refused to accept Dr. Bautista as the PHO II of Basilan BEDA
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN and UNIVERSI
decided to retain
AW. NOT FOR SALE. DO NOT REPRODUCE. Dr. Bautista’s line of work within Zamboanga. Was
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. there an abandonment of office
by Dr. Bautista?
No, there was no abandonment of office by Dr. Bautista. Abandonment of an office is the voluntary
relinquishment of an office by the holder with the intention of terminating his possession and control thereof.
In order to constitute abandonment of office, it must be total and under such circumstance as clearly toOF
indicate
OF LAW. NOT FOR SALE. DO NOTrelinquishment.
an absolute REPRODUCE. ThereOF LAW.
are, NOT FOR
therefore, SALE. DOelements
two essential NOT REPRODUCE.
of abandonment:OF LAW.
first, NOT FORtoSALE. DO NO
an intention
abandon and, second, an overt or 'external' act by which the intention is carried into effect. In this case, by no
PERTY OF SAN BEDAstretch
UNIVERSITY COLLEGE canPROPERTY
of the imagination OF SAN
Dr. Bautista’s BEDAlackadaisical
seeming UNIVERSITYattitude
COLLEGE towardsPROPERTY OF SAN
protecting her rightsBEDA
be UNIVERSI
AW. NOT FOR SALE.construed as an abandonment
DO NOT REPRODUCE. OFofLAW.
her position
NOT FOR resulting
SALE. in
DOher
NOThaving intentionally and
REPRODUCE. OFvoluntarily
LAW. NOT vacated the DO NOT R
FOR SALE.
same (Civil Service Commission vs. Dr. Agnes Yu, G.R. No. 189041, July 31, 2012, Perlas-Bernabe, J.)
AW. NOT FOR128.
SALE.M,
DOthe
NOT REPRODUCE.
assistant OFof
city treasurer LAW.
XYZNOT
City,FOR
wasSALE. DO NOT
convicted REPRODUCE.
by the Sandiganbayan OFofLAW. NOT FORcrime
the complex SALE. DO NOT R
of estafa thru falsification of public documents. During the pendency of the motion for reconsideration,
she was COLLEGE PROPERTY
extended an absolute OF SAN
pardon by BEDA UNIVERSITY
the president. COLLEGE she
Consequently, PROPERTY
wrote to OFtheSAN
officeBEDA UNIVERSITY CO
of the
NOT FOR SALE. DO treasurer
of XYZ City requesting thatFOR
she SALE. DO NOTtoREPRODUCE.
be restored her former positionOF since
LAW. NOT
it wasFOR
stillSALE. DO NOT REPRO
vacant.
May M beCOLLEGE
TY OF SAN BEDA UNIVERSITY validly reinstated?
NOT FOR SALE. DO NOTNo,
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
M may not be validly reinstated. Full pardon granted after conviction frees NOT FOR
the individual SALE.
from DO NOT REPRO
all the
PERTY OF SAN BEDA penalties and legal disabilities and restores him/her to all his civil rights. But unless expressly grounded on the
person's innocence, it cannot bring back lost reputation for honesty, integrity and fair dealing. Pardon does not
ipsoNOT
factoREPRODUCE.
restore a convicted OF felon
LAW.toNOT FORoffice
public SALE.necessarily
DO NOT REPRODUCE. OF LAW.byNOT
relinquished or forfeited FORofSALE.
reason the DO NOT RE
conviction although such PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
pardon undoubtedly restores his eligibility for appointment PROPERTY OF SAN BEDA UNIVERSIT
to that office. The pardon
granted to M has resulted in removing her disqualification from holding public employment but it cannot go
beyond that. To regain her former post as assistant city treasurer, she must re-apply and undergo the usual
procedureCOLLEGE
TY OF SAN BEDA UNIVERSITY required for a PROPERTY
new appointment
OF SAN(Monsanto v. Factoran,
BEDA UNIVERSITY G.R. No. 78239,
COLLEGE February
PROPERTY OF9,SAN
1989).
BEDA UNIVERSITY CO
NOT FOR SALE. DO AA
129. NOTwas
REPRODUCE. OF LAW. NOT FOR
appointed as Administrative SALE.forDOthe
Officer NOT REPRODUCE.
Office OFCebu
of the Mayor in LAW. by
NOT FOR SALE.
Mayor DO NOT REPRO
BB. The
appointment
TY OF SAN BEDA UNIVERSITY was described
COLLEGE as permanent
PROPERTY but CSC
OF SAN BEDA disapproved
UNIVERSITY it as temporary
COLLEGE because
PROPERTY OF SANof aBEDA
protest
UNIVERSITY CO
filed by CC against AA’s appointment. CSC reasoned that CC was better qualified for the Administrative
NOT FOR SALE. DO Officer
NOT REPRODUCE.
position. AA’s appointment was revoked and Mayor BB appointed CC to the position. AA now NOT REPRO
files this COLLEGE
TY OF SAN BEDA UNIVERSITY present petition to assail OF
PROPERTY CSC’s
SANorder
BEDAofUNIVERSITY
revoking his appointment.
COLLEGE Will the petition
PROPERTY OF SANprosper?
BEDA UNIVERSITY CO
Yes. CSC is not empowered to determine the kind of nature of the appointment extended by the appointing
officer, its authority
PERTY OF SAN BEDA UNIVERSITY COLLEGEbeing limited to approving
PROPERTY OF SAN or reviewing the appointment
BEDA UNIVERSITY COLLEGEin the light of the requirements
PROPERTY OF SAN BEDAof UNIVERSIT
the Civil Service Law. When the appointee is qualified and all other legal requirements are satisfied, the
Commission has no choice but to attest to the appointment in accordance with the Civil Service Laws. If the
PERTY OF SAN BEDA appointee
UNIVERSITY COLLEGEall the PROPERTY
possesses qualificationsOFrequired
SAN BEDA UNIVERSITY
by law, then the COLLEGE PROPERTY
appointment could OF SANon
not be faulted BEDA
the UNIVERSIT
ground that there
AW. NOT FOR SALE. DO NOT REPRODUCE. are others better qualified who should have
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. been preferred. Here, appointee having
possessed with the qualifications required by law, CSC acted in excess of its authority when it revoked the
permanent COLLEGE
appointment ofPROPERTY
AA (Luego OFvs.SAN BEDA
Civil UNIVERSITY
Service Commission,COLLEGE PROPERTY
G.R. No. L-69137, OF SAN
August BEDA UNIVERSITY CO
5, 1986).
130. Palito was appointed by PAGCOR Chairman as Internal Security Staff (ISS) member and assigned to
the casino at the ManilaPROPERTY OF SAN
Hotel Pavilion. BEDA UNIVERSITY
However, COLLEGE
his employment PROPERTY
was terminated OF SAN
2 years afterBEDA UNIVERSITY CO
for loss
NOT FOR SALE. DO of
NOT REPRODUCE.
confidence. OF LAW.
Palito argued thatNOT
he FOR
may SALE.
not beDO NOT REPRODUCE.
removed OFloss
on the ground of LAW.ofNOT FOR SALE.
confidence as DO
he NOT REPRO
may not be considered a confidential employee. Is Palito correct?
REPRODUCE. OFApplying
Palito is correct. LAW. NOT theFOR SALE. DO
proximity NOT
rule, REPRODUCE.
while every appointment OF implies
LAW. NOT FOR SALE.
confidence, DO NOT REPRO
much
more thanCOLLEGE
TY OF SAN BEDA UNIVERSITY ordinary confidence is reposed
PROPERTY in the
OF SAN occupant
BEDA of a position
UNIVERSITY COLLEGEthat is primarily
PROPERTYconfidential.
OF SAN The latter
BEDA UNIVERSITY CO
phrase denotes not only confidence in the aptitude of the appointee for the duties of the office but primarily
NOT FOR SALE. DO close
intimacy which ensures NOT of
freedom FOR SALE. DOwithout
intercourse NOT REPRODUCE.
embarrassment orOF LAW. NOT
freedom fromFOR SALE. DO
misgivings of NOT REPRO
betrayals of personal trust or confidential matters of state. Several factors lead to the conclusion that Palito
PERTY OF SAN BEDA does
not enjoy such "close intimacy" with the appointing authority of PAGCOR which would otherwise place
him NOT
in theREPRODUCE. OF LAW.
category of a confidential NOT FOR
employee SALE.
(CSC v. DO NOT
Salas, REPRODUCE.
G.R. OF19,
No. 123708, June LAW. NOT FOR SALE. DO NOT RE
1997).
40
131. Discuss the Automatic Reversion Rule provided under Sec. 13, Rule VI, of the Omnibus Rules
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
Implementing Book V of E.O. 292. OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
The disapproval of the appointment of a person proposed to a higher position invalidates the promotion of
those UNIVERSITY COLLEGEand automatically
in the lower positions PROPERTY OF SAN BEDA
restores UNIVERSITY
them to their formerCOLLEGE PROPERTY
positions. There OFseries
must be a SAN BEDA UNIV
of promotions; OF LAW. NOT
all promotional appointments are FOR SALE. DO NOT
simultaneously REPRODUCE.
submitted OF LAW.
to the Commission for NOT FOR SALE. DO N
Approval;
and the Commission disapproves the appointment of a person to a higher position (Divinagracia Jr. vs. Sto
Tomas, G.R. No. 110954, May 31, 1995).
132. Cardo, the incumbent deputy chief of police, filed a petition for mandamus against Mayor Adonis
Dimaguiba to compel the latter to appoint the former as the chief of police of the city, following the
LAW. NOT FOR SALE. DO of
chief NOT REPRODUCE.
police’s death, on theOF LAW. that
theory NOTCardo
FOR SALE. DO NOTthe
was holding REPRODUCE. OF LAW.
office next in rank. NOT FOR SALE. DO NOT
Decide.
Cardo’s contention is incorrect. The Civil Service Act does not peremptorily require the mayor to promote
the officer next-in-rank. It only provides is that, as far as practicable, the person next in rank should be
promoted, COLLEGE
RTY OF SAN BEDA UNIVERSITY otherwise the vacancy
PROPERTY mayOFbeSAN
filled by transfer,
BEDA reinstatement,
UNIVERSITY COLLEGE reemployment
PROPERTYorOFcertification,
SAN BEDAas UNIVERSITY C
the appointing power sees fit, provided the appointee is certified to be qualified and eligible. Hence, Cardo,
. NOT FOR SALE. DObeing
NOT the
REPRODUCE. OF LAW.
next in rank officer, NOT FOR
only enjoys SALE. DO NOT
the preference REPRODUCE.
of being appointed to theOF LAW. (Pineda
position NOT FOR v. SALE. DO NOT REPR
Claudio,
G.R. No. L-29661, May 13, PROPERTY
1969). OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
RTY OF SAN BEDA
133.UNIVERSITY COLLEGE auditor
RV is an incumbent PROPERTY
of COAOF SAN
and is BEDA UNIVERSITY
also the presidentCOLLEGE
of a religiousPROPERTY OF SAN
organization, HolyBEDA
NameUNIVERSITY C
. NOT FOR SALE. DOSociety,
NOT REPRODUCE.
located in theirOF LAW. NOTDuring
compound. FOR SALE.
oneDO
of NOT
their REPRODUCE.
conferences heldOF at LAW.
a timeNOT
so FOR
closeSALE. DO NOT REPR
to the
holding ofCOLLEGE
RTY OF SAN BEDA UNIVERSITY the 2001 elections,
PROPERTYRV OF
lambasted
SAN BEDAcertain local official
UNIVERSITY COLLEGE when he delivered
PROPERTY OFhis
SANwelcome
BEDA UNIVERSITY C
address. The following day, an administrative complaint was filed against RV before the Office of the
. NOT FOR SALE. DOOmbudsman
NOT REPRODUCE.with actsOFofLAW. NOT FOR SALE.
electioneering andDO NOT REPRODUCE.
engaging OF LAW.May
in partisan politics. NOT FOR
he beSALE. DO NOT REPR
held
administratively liable?
Yes, he may be held administratively liable. Sec. 2(4), Art. IX-B of the Constitution NOT that
provides FORno SALE. DO NOT REPR
officer
or employee in
RTY OF SAN BEDA UNIVERSITY COLLEGE civil service shall engage directly or indirectly,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE in any electioneering or partisan political
Sec. 55 of the Revised Administrative Code of 1987 also provides that “no officer or employee in
. NOT FOR SALE. DOcampaign.
the Civil Service including members of AFP shall engage directly or indirectly in any partisan political activity
PERTY OF SAN BEDAorUNIVERSITY
take part in any election except
COLLEGE to vote nor
PROPERTY OFshall
SAN he use UNIVERSITY
BEDA his official authority
COLLEGE or influence to coerceOF
PROPERTY theSAN
political
BEDA UNIVERSI
activity of any other person or body…” Here, the conference was held so close to the 2001 elections and
AW. NOT FOR SALE.considering
DO NOT REPRODUCE.
that RV had a vitalOF LAW. NOTinFOR
participation the SALE. DO NOT
conference, REPRODUCE.
he had violated the law’sOFprohibition.
LAW. NOTHence,
FOR SALE.
he DO NOT R
PERTY OF SAN BEDAshould
UNIVERSITY COLLEGE liable
be administratively PROPERTY OF SAN BEDA
(Tan vs. Valeriano, G.R.UNIVERSITY
No. 185559,COLLEGE
August 2, 2017, PROPERTY
Covered OF SAN BEDA UNIVERSI
Case).
134. Discuss the jurisdiction OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
of the Ombudsman over elective and appointive OF LAW. NOT FOR SALE. DO NOT REPR
officials.
The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of
NOT REPRODUCE.
Government OF LAW. NOT
and its subdivisions, FOR SALE. DOand
instrumentalities NOT REPRODUCE.
agencies, OF LAW.ofNOT
including Members FOR SALE.
the Cabinet, DO NOT REPR
local
government, GOCCs and their subsidiaries, except over officials who may be removed only by impeachment,
over Members PROPERTY
of Congress, OF SAN BEDA
and the Judiciary UNIVERSITY
(Sec. 21, COLLEGE
R.A. 6770). PROPERTY OF SAN BEDA UNIVERSITY C
It can COLLEGE
RTY OF SAN BEDA UNIVERSITY prosecute cases before the
PROPERTY OF regular
SAN BEDA courts. The Ombudsman
UNIVERSITY COLLEGE is empowered
PROPERTYbyOFtheSANlegislature
BEDA UNIVERSITY C
through R.A. No. 6770 and is granted an active role in the enforcement of anti-graft and corruption laws.
. NOT FOR SALE. DORecognizing
NOT REPRODUCE. OF of
the importance LAW.
this NOT FORthe
power, SALE. DO NOT
Supreme REPRODUCE.
Court does not wish toOF LAW. NOT
derogate it byFOR SALE.
limiting it DO
to NOT REPR
PERTY OF SAN BEDAcases within the
UNIVERSITY jurisdiction ofPROPERTY
COLLEGE the Sandiganbayan (Uy v.
OF SAN BEDA Sandiganbayan,
UNIVERSITY G.R. Nos.
COLLEGE 105965-70,
PROPERTY OFMarch 20, UNIVERSI
SAN BEDA
2001).
135. X, a rank-and-file employee of the municipality of ABC, received his monthly incentive and benefits
from his line PROPERTY
of work. However, OFexpenditure
such SAN BEDA UNIVERSITY COLLEGE
was subsequently PROPERTY
disallowed by the OF SAN BEDA of
Commission UNIVERSITY C
Audit. X now asks
. NOT FOR SALE. DO NOT REPRODUCE. you as his lawyer if he is required to return
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. the incentives he received from illegal
expenditures. What would you advise X?
41
I would advise X that he is not required by law to return or reimburse the incentives he received. As a
AW. NOT FOR SALE.general
DO NOT REPRODUCE.
rule, OFare
public officials who LAW. NOT responsible
directly FOR SALE. DO
for, NOT REPRODUCE.
or participated in makingOF
theLAW.
illegalNOT FOR SALE. DO NOT R
expenditures,
PERTY OF SAN BEDAasUNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
well as those who actually received the amounts therefrom - in this case, the disallowed incentivesOF SAN- shall
BEDA UNIVERSI
be solidarily liable
AW. NOT FOR SALE. DO NOT REPRODUCE. for their reimbursement. By way of exception, however,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. passive recipients or payees
OF LAW. NOT FOR SALE. of DO NOT R
disallowed salaries, emoluments, benefits, and other allowances need not refund such disallowed amounts if
they received COLLEGE
the same PROPERTY
in good faith. Stated OF SAN BEDA
otherwise, UNIVERSITY
government COLLEGE
officials PROPERTY
and employees OF SAN BEDA UNIVE
who unwittingly
received disallowed benefits or allowances are not liable for their reimbursement if there is no finding of bad
faith. In this case, there was no indication that X had participated in any of the negotiations or were, in any
manner, privy to the internal workings related to the approval of said incentives; hence, the conclusion OFisSAN
thatBEDA UNIVE
X was DOaNOTmereREPRODUCE.
passive recipient OF LAW.
who NOTbeFOR
cannot SALE. with
charged DO NOT REPRODUCE.
knowledge OF LAW.
of any irregularity NOT FOR
attending theSALE. DO NO
disallowed disbursement. Therefore, X should not be held liable to refund what he had unwittingly received
PERTY OF SAN BEDA(Silang
UNIVERSITY COLLEGE on Audit,
vs. Commission PROPERTY
G.R. No.OF SAN BEDA
213189, UNIVERSITY
September COLLEGE
8, 2015, PROPERTY
Perlas-Bernabe, OF SAN
J., Covered BEDA UNIVERSI
Case).
AW. NOT FOR136.
SALE.Discuss
DO NOTthe
REPRODUCE.
applicability of OF
theLAW. NOT FORdoctrine
condonation SALE. DO
in NOT REPRODUCE.
the Philippines. OF LAW. NOT FOR SALE. DO NOT R
This doctrine has been ABANDONED by the Supreme Court in the case of Carpio-Morales v. Court of
NOT FOR SALE. DO Appeals
and Binay where it ruled that election is not a mode of condoning an administrative FOR and
offense SALE. DO NOT REPRO
there
is simply no constitutionalPROPERTY OFbasis
or statutory SAN inBEDA UNIVERSITY
our jurisdiction to COLLEGE PROPERTY
support the notion OF SANelected
that an official BEDA UNIVERSITY
for CO
NOT FOR SALE. DO aNOT
different term is fully absolved
REPRODUCE. OF LAW.of NOT
any administrative
FOR SALE. DOliability arising from an offense
NOT REPRODUCE. doneNOT
OF LAW. duringFORa prior
SALE.term.
DO NOT REPRO
In fact, Section 40 (b) of the LGC precludes condonation since an elective local official who is meted with the
PERTY OF SAN BEDA penalty of removal
UNIVERSITY could notPROPERTY
COLLEGE be re-elected to anBEDA
OF SAN elective local position
UNIVERSITY due to a direct
COLLEGE disqualification
PROPERTY OF SAN BEDAfrom UNIVERSIT
running for such post (Carpio-Morales vs. Court of Appeals and Binay, G.R. Nos. 217126-27, November 10,
2015).
SuchREPRODUCE.
AW. NOT FOR SALE. DO NOT abandonment is prospective
OF LAW. NOT in application.
FOR SALE. DO Hence,
NOT the doctrine is still OF
REPRODUCE. applicable
LAW. NOT in cases that DO NOT RE
FOR SALE.
transpired prior to the November 10, 2015 ruling of the SC in Carpio-Morales v. CA and Jejomar Binay, Jr.
(Office of COLLEGE PROPERTY
the Ombudsman OF G.R.
vs. Vergara, SAN BEDA UNIVERSITY
No. 216871, COLLEGE
December PROPERTY
6, 2017, Covered OF SAN BEDA UNIVERSITY CO
Case).
NOT FOR SALE. DO An
137. NOTimpeachment
REPRODUCE.complaint
OF LAW. NOTthe
against FOR SALE.
Chief DO NOT
Justice REPRODUCE.
Davide OF Justices
and 7 Associate LAW. NOT ofFOR SALE. DO NOT REPRO
the Supreme
Court was
TY OF SAN BEDA UNIVERSITY filed on JunePROPERTY
COLLEGE 2, 2003. Referred to theUNIVERSITY
OF SAN BEDA House Committee on Justice
COLLEGE on August
PROPERTY 5, 2003,
OF SAN BEDAtheUNIVERSITY CO
same was considered “sufficient in form” but was dismissed on October 22, 2003 for being insufficient
NOT FOR SALE. DO in
NOTsubstance. The following day, or on October 23, 2003, a second impeachment complaint was filed NOT REPRO
against the same publicPROPERTY OF SAN
officers. Will BEDA UNIVERSITY
the second COLLEGE
impeachment prosper? PROPERTY OF SAN BEDA UNIVERSITY CO
No, the second impeachment will not prosper. Art. XI, Section 5 of the Constitution provides that no
impeachment proceeding shall
PERTY OF SAN BEDA UNIVERSITY COLLEGE be initiated
PROPERTY against
OF SAN the UNIVERSITY
BEDA same officialCOLLEGE
more than once within a OF
PROPERTY period
SANofBEDA
one UNIVERSIT
year. Impeachment proceedings are initiated upon the filing of the complaint and/or resolution and its referral
to the Committee on Justice. Since the second impeachment case was filed only 4 months and 3 weeks from
UNIVERSITY COLLEGE
filing of the PROPERTY
first impeachment complaintOF SAN BEDA
on June 2, UNIVERSITY
2003, the sameCOLLEGE PROPERTY
shall not prosper OF SAN
(Francisco BEDA UNIVERSIT
v. House
of Representatives,
AW. NOT FOR SALE. DO NOT REPRODUCE. G.R. No. 160261, November 10, 2003)
138. COLLEGE
May a complaint PROPERTY
for disbarment OF SAN
against theBEDA UNIVERSITY
Ombudsman COLLEGE
prosper during hisPROPERTY
incumbency? OF SAN BEDA
Explain UNIVERSITY CO
your
answer.
No, the disbarment PROPERTY
against the OF SAN BEDA will
Ombudsman UNIVERSITY COLLEGE
not prosper. PROPERTY
This is because OF SANeffect
the ultimate BEDAis UNIVERSITY
to CO
NOT FOR SALE. DO remove
NOT REPRODUCE. OF LAW. NOTthe
him from office, circumventing FOR SALE. DO
provision on NOT REPRODUCE.
removal by impeachmentOF LAW.
thus NOT FOR
violating SALE. DO
his security of NOT REPRO
tenure (In Re: First Indorsement from Hon. Raul Gonzalez, A.M. No. 88-4-5433, April 15, 1988). An
impeachable officer who PROPERTY
is a memberOFofSAN BEDA UNIVERSITY
the Philippine COLLEGE
bar cannot PROPERTY
be disbarred first without OF SANimpeached
being BEDA UNIVERSITY CO
NOT FOR SALE. DO (Jarque
NOT REPRODUCE.
v. Desierto, A.C.OF
No.LAW.
4509,NOT FOR SALE.
December DO NOT REPRODUCE.
5, 1995). OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 139.
BEDA X, a concerned
UNIVERSITY citizen and
COLLEGE a taxpayer,
PROPERTY assails
OF SAN theUNIVERSITY
BEDA constitutionality
COLLEGEof Sec. PROPERTY
8(3) of RAOF
6770
SANorBEDA
the UNIVERSIT
Ombudsman Act of 1989, providing that the newly-appointed Ombudsman shall serve for a term of 7
years in case of vacancy. X argues that such provision is unconstitutional for contravening the
PERTY OF SAN BEDA legislative
UNIVERSITYintent
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
that in case of vacancy, the new appointee should only serve the unexpired BEDA
term of UNIVERSIT
his or
AW. NOT FOR SALE. DO NOTherREPRODUCE.
predecessor. Decide.
TY OF SAN BEDA UNIVERSITY COLLEGEis incorrect.
X’s contention PROPERTY OF SANSec.
Harmonizing BEDA11,UNIVERSITY
Art. XI of theCOLLEGE PROPERTY
1987 Constitution OF8(3)
with Sec. SANofBEDA UNIVERSITY CO
R.A. No.
NOT FOR SALE. DO 6770, in any vacancy for OF
NOT REPRODUCE. theLAW.
positions
NOTofFOR
Ombudsman
SALE. DO and
NOTthe deputies, whether
REPRODUCE. OFasLAW.
a result
NOTofFOR
the expiration
SALE. DO NOT REPRO
of the term or death, resignation, removal, or permanent disability of the predecessor, the successor shall
42
always be appointed for a full term of 7 years. It was the intent of the framers that the appointment to the
positions of theCOLLEGE
Ombudsman PROPERTY OF SAN BEDA
and the deputies, UNIVERSITY
whether COLLEGE
it be for the expired or PROPERTY OF SAN
unexpired term of BEDA
the UNIVERS
predecessor, OFaLAW.
shall always be for NOT
full term of FOR SALE.
seven DOInNOT
years. REPRODUCE.the 7-year
the Constitution, OF LAW. NOT
term of FOR
office of SALE.
the DO NOT
appointees
OPERTY OF SAN BEDA UNIVERSITYfor Ombudsman
COLLEGE and the deputies
PROPERTY shallBEDA
OF SAN be reckoned from COLLEGE
UNIVERSITY their date of appointment
PROPERTY OF (Ifurung vs. UNIVERS
SAN BEDA
Carpio-Morales, G.R. No. 232131, April 24, 2018, Covered Case).
PROPERTY OF140. Is rotational
SAN BEDA plan/scheme
UNIVERSITY COLLEGEimposed to the terms
PROPERTY OF SANof BEDA
officers appointedCOLLEGE
UNIVERSITY to constitutional commissions
such as COMELEC, COA, and CSC applicable to the Ombudsman?
PROPERTY OF SAN BEDANo,UNIVERSITY
a rotationalCOLLEGE PROPERTY
plan is not applicable OFOmbudsman.
to the SAN BEDA UNIVERSITY
A rotational COLLEGE PROPERTYmembers
plan permits subsequent OF SAN BEDA UNIV
of the commission to
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. be appointable only once every three years. The
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. intent is to have one position
OF LAW. NOT vacant
FOR SALE. DO N
every three years, so that no President can appoint more than one commissioner, thereby preserving and
OPERTY OF SAN BEDA UNIVERSITYthe
safeguarding COLLEGE
independence PROPERTY OF SAN of
and impartiality BEDA
the UNIVERSITY
Commission COLLEGE
as a body. For PROPERTY OF SAN
the operation of BEDA
the UNIVERS
rotational plan, two conditions, both indispensable to its workability, are required, viz: (1) that the terms of the
first three commissioners should start on a common date; and (2) that any vacancy due to death, resignation
OPERTY OF SAN BEDA
or UNIVERSITY COLLEGE
disability before PROPERTY
the expiration OF SAN
of the term BEDA
should be UNIVERSITY
filled only forCOLLEGE
the unexpiredPROPERTY
balance ofOFthe SAN BEDA UNIVERS
term.
Unlike REPRODUCE.commissions
the constitutional OF LAW.inNOT FOR SALE. DO
the Constitution, theNOT REPRODUCE.
Ombudsman OF LAW.doNOT
and the deputies not FOR
makeSALE.
a DO NOT
collegial body thus, making it implausible to apply the regular rotation or cycle in its membership. To stress,
the Ombudsman and thePROPERTY OF SAN
deputies have theirBEDA UNIVERSITY
respective COLLEGE
jurisdiction; hence, theyPROPERTY
could notOFhave
SANcommon
BEDA UNIVERSITY C
responsibility
. NOT FOR SALE. DO NOT REPRODUCE.relative to the discharge of their separate and distinct
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. functions (Ifurung vs. Carpio-Morales,
OF LAW. NOT FOR SALE. G.R.
DO NOT REPR
No. 232131, April 24, 2018, Covered Case).
141. Governor Red is the Governor of Green City. Red is known to have corrupt tendencies and has a
AW. NOT FOR SALE.reputation
DO NOT REPRODUCE.
widely known OF for LAW. NOT FOR
accepting SALE.Ombudsman
bribes. DO NOT REPRODUCE.
Grey, wishingOF to
LAW. NOT FOR
"clean up" SALE.
the DO NOT R
PERTY OF SAN BEDAgovernment
UNIVERSITYfrom errant public
COLLEGE officials,
PROPERTY OFinitiated
SAN BEDA anUNIVERSITY
investigation on the alleged
COLLEGE irregularities
PROPERTY OF SAN in BEDA
the UNIVERSI
performance of duties of Governor Red. Does the Ombudsman have authority to conduct investigation
over crimes or offenses committed by public officials that are not in connection or related at all to the
official’s discharge
RTY OF SAN BEDA UNIVERSITY COLLEGE of hisPROPERTY
duties and
OFfunctions?
SAN BEDAExplain.
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Yes, the Ombudsman can investigate crimes or offenses committed by public officers which are not
connected COLLEGE PROPERTY
with the performance OFduties.
of their SAN BEDA
Under UNIVERSITY
Sec. 13(1), COLLEGE PROPERTY the
Art. XI of the Constitution, OF SAN BEDA UNIVERSITY C
Ombudsman
can investigate
. NOT FOR SALE. DO NOT REPRODUCE. any act or omission of a public official which is
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. illegal. The clause "any [illegal] act or omission
of any public official" is broad enough to embrace any crime committed by a public official. The law does not
require thatCOLLEGE PROPERTY
the act or omission OF SAN
be related to BEDA UNIVERSITY
or be connected COLLEGE
with or arise from,PROPERTY OF SANofBEDA
the performance UNIVERSITY C
official
. NOT FOR SALE. DOduty.
NOTThe Ombudsman Act
REPRODUCE. OFmakes perfectly
LAW. NOT FORclear
SALE.that
DOthe
NOT jurisdiction
REPRODUCE. of the Ombudsman
OF LAW. NOTencompasses
FOR SALE."all
DO NOT REPR
kinds of malfeasance, misfeasance, and non-feasance that have been committed by any officer or employee
as mentioned PROPERTY
in Section 13 OF SAN
hereof, during BEDA of
his tenure UNIVERSITY COLLEGE
office" (Sec. 16, R.A. 6770)PROPERTY OFDomingo,
(Deloso vs. SAN BEDAG.R.UNIVERSITY C
. NOT FOR SALE. DONo.
NOT REPRODUCE.
90591, November 21,OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
1990). OF LAW. NOT FOR SALE. DO NOT REPR
142. Explain how decisions
PERTY OF SAN BEDA UNIVERSITY COLLEGE rendered in administrative proceedings are
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE subject for judicial
PROPERTYreview.
AW. NOT FOR SALE. DOGenerally,
judicial review in administrative proceedings is done by filing a petition for review under Rule
43 of the Rules
RTY OF SAN BEDA UNIVERSITY of Court with
COLLEGE the CourtOF
PROPERTY of Appeals
SAN BEDAwithin 15 days from
UNIVERSITY notice of judgment
COLLEGE (Enemecio
PROPERTY OF SANvs. Office
BEDA UNIVERSITY C
of the Ombudsman, G.R. No. 146731, January 13, 2004). An exception is when an order, directive, or decision
. NOT FOR SALE. DOimposing
the penalty of public NOTreprimand
censure, FOR SALE.orDO NOT REPRODUCE.
suspension of not more thanOFone
LAW. NOT FOR
month’s SALE.
salary DO NOT REPR
which
shall be final PROPERTY
and unappealable (R.A. OF SAN
6770, BEDA
Sec. 27, UNIVERSITY
par. [3]). COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Note: Par. 4 of Sec. 27 of R.A. 6770 used to provide that “All administrative disciplinary cases, orders,
directives, COLLEGE
or decisions ofPROPERTY
the Office ofOFthe
SAN BEDA UNIVERSITY
Ombudsman may be COLLEGE
appealed to the PROPERTY
Supreme OF SANbyBEDA
Court filing UNIVERSITY
a C
petition for certiorari
. NOT FOR SALE. DO NOT REPRODUCE. within 10 days from receipt of the written
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. notice of the order, directive or decision or denial
of the motion for reconsideration in accordance with Rule 45 of the Rules of Court.” In the case of Fabian v.
Desierto (G.R. No. 129742, September 16, 1998), this paragraph was struck down as unconstitutional OF SAN because
BEDA UNIVERSITY C
. NOT FOR SALE. DOitNOT REPRODUCE.
expanded the appellate OF LAW. NOT
jurisdiction FOR
of the SALE. DO
Supreme NOTwithout
Court REPRODUCE.
its advice andOF LAW. NOT The
concurrence. FOR rule
SALE. DO NOT REPR
now
is that decisions rendered by the Ombudsman are appealable to the Court of Appeals.
143. Atty. G of NBI received information that FS Corporation employed schemes to evade payment of taxes
AW. NOT FOR SALE.by
DOfailing
to issue and falsifying sale NOT FOR SALE.
invoices. DO
Atty. G NOT REPRODUCE.
applied OFsearch
for the issuance of LAW. NOT FOR SALE.
warrants and DO NOT R
they were COLLEGE
RTY OF SAN BEDA UNIVERSITY served by the NBI agents.OF
PROPERTY TY,SAN
the BEDA
Corporate Secretary
UNIVERSITY of FS Corporation,
COLLEGE PROPERTY alleged that BEDA
OF SAN severalUNIVERSITY C
irregularities attended the implementation of the search warrants. Subsequently, TY filed a criminal
. NOT FOR SALE. DOcomplaint
before the Ombudsman FOR the
against SALE. DOAgents
NBI NOT REPRODUCE. OF LAW.Later,
due to the irregularities. NOT TY
FORalso
SALE. DO NOT REPR
filed
RTY OF SAN BEDA UNIVERSITY COLLEGEcomplaint.
an administrative PROPERTY OF SANdismissed
Ombudsman BEDA UNIVERSITY COLLEGEaverring
both complaints PROPERTY
that Sec.OF20SAN BEDA
of R.A. No.UNIVERSITY C
43
PERTY OF SAN BEDA6670 providesCOLLEGE
UNIVERSITY that the Office of the Ombudsman
PROPERTY OF SAN BEDAmay not conduct
UNIVERSITY the necessary
COLLEGE investigation
PROPERTY OF SANof BEDA
any UNIVERSI
administrative complained of if it believes that the complainant has an adequate remedy in another
AW. NOT FOR SALE.judicial
DO NOTorREPRODUCE. OF Rule
quasi-judicial body. LAW.on NOT
theFOR SALE. DO NOT REPRODUCE.
dismissal. OF LAW. NOT FOR SALE. DO NOT R
AW. NOT FOR SALE. DOThe
NOT Ombudsman
REPRODUCE. erredOF when
LAW.it NOT
dismissed the DO
FOR SALE. criminal complaint. Ombudsman
NOT REPRODUCE. OF LAW.should
NOT FORconduct
SALE. DO NOT R
investigation on the criminal complaints. Jurisprudence has settled that dismissal based on the grounds
provided COLLEGE
under Sec. PROPERTY
20 of R.A. No. OF SAN BEDA
6670 is discretionary UNIVERSITY
on the part of theCOLLEGE PROPERTYevaluating
evaluating Ombudsman OF SAN BEDA UNIVE
an administrative complaint, but not in criminal case. The procedure in criminal cases requires that the
Ombudsman evaluate the complaint and make recommendations thereof. The only instance when an outright
dismissal of a criminal complaint is warranted is when such complaint is palpably devoid of merit (Espaldon,
et al DO NOT REPRODUCE.
v. Buban, OF LAW.
G.R. No. 202784, April NOT FOR
18, 2018, SALE.Case).
Covered DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
PERTY OF SAN144.
BEDADiscuss the qualifications
UNIVERSITY COLLEGE ofPROPERTY
a Special OF
Prosecutor.
AW. NOT FOR SALE.The
DO qualifications
NOT REPRODUCE. are:
a. He
TY OF SAN BEDA UNIVERSITY shall be a natural-born
COLLEGE PROPERTYcitizen
OF SANof the
BEDAPhilippines;
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
b. At least forty (40) years old;
NOT FOR SALE. DO NOTc.REPRODUCE. OF LAW. NOT FOR
Of recognized probity and independence;SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
d. Member PROPERTY
of the Philippine OF SAN BEDA UNIVERSITY COLLEGE
Bar; PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTe.REPRODUCE.
Must not have been a candidate
OF LAW. for any
NOT FOR elective
SALE. DO NOTnational or local office immediately
REPRODUCE. OF LAW. NOTpreceding election
whether regular or special (Section 5, R.A. 6770).
145. Suppose a public officer has committed a violation of Section 3 (b) and (c) of the Anti-Graft and Corrupt
Practices Act (R.A. No. 3019), as amended, by receiving monetary and other OF
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW. considerations
material NOT FOR SALE. DO NOT RE
for contracts entered into by him in behalf of the government and in connection with other
transactions, as a result of which he has amassed illegally acquired wealth.
a. Does
TY OF SAN BEDA UNIVERSITY the criminal
COLLEGE offense OF
PROPERTY committed prescribe?
SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTb.REPRODUCE.
Does the right of the government to recover the illegally acquired wealth prescribe?
a. ACOLLEGE
TY OF SAN BEDA UNIVERSITY violation of Sec. 3(b) andOF
PROPERTY (c)SAN
of the
BEDAAnti-Graft
UNIVERSITYand Corrupt
COLLEGE Practices Act prescribes.
PROPERTY OF SANAsBEDA
heldUNIVERSITY
in CO
Presidential Ad-Hoc Fact-Finding Committee on Behest Loans v. Desierto (G.R. No. 136225, April 23,
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE.
2008), Art. XI, Sec. 15 of the Constitution does not apply to criminal cases for violation of the Anti- DO NOT REPRO
TY OF SAN BEDA UNIVERSITYGraft
COLLEGE
and CorruptPROPERTY
Practices OF
Act.SAN
TheBEDA UNIVERSITY
prescriptive period COLLEGE
for the offensesPROPERTY
committedOF SAN BEDA
in violation UNIVERSITY CO
of RA
3019 should
NOT FOR SALE. DO NOT REPRODUCE. be computed from the discovery of the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.commission thereof and not from the day of such
commission.
b. Art.
AW. NOT FOR SALE. DO NOT XI, Sec 15 of theOF
REPRODUCE. Constitution
LAW. NOTprovides
FOR SALE.thatDO
theNOT
rightREPRODUCE.
of the State to recover properties
OF LAW. NOT FORunlawfully
SALE. DO NOT RE
acquired by public officials or employees, or from them or from their nominees or transferees, shall
not beCOLLEGE PROPERTYlaches
barred by prescription, OF SAN BEDA UNIVERSITY COLLEGE
or estoppel. PROPERTY OF SAN BEDA UNIVERSIT
146. President GMA signed into law R.A. No. 9207, otherwise known as the "National Government Center
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
(NGC) Housing and Land Utilization Act of 2003." In accordance with the provisions BEDANo.
of R.A. UNIVERSITY CO
NOT FOR SALE. DO 9207, the National Government
NOT REPRODUCE. Center
OF LAW. NOT FORAdministration Committee (the Committee)
SALE. DO NOT REPRODUCE. OF LAW. NOTformulated
FOR SALE. the
DO NOT REPRO
Implementing Rules and Regulations (IRR) of R.A. No. 9207. A petition for prohibition was filed to
PERTY OF SAN BEDA prevent
UNIVERSITY COLLEGE from
the Committee PROPERTY
enforcingOF
theSAN
IRRBEDA UNIVERSITY
of R.A. COLLEGE
No. 9207. The PROPERTY
petition rests OFthe
mainly on SANtheory
BEDA UNIVERSIT
that the assailed
AW. NOT FOR SALE. DO NOT REPRODUCE. IRR issued by the Committee is invalid on the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. ground that it is not germane to
OF LAW. NOT FOR SALE. the DO NOT RE
object and purpose of the statute it seeks to implement.
a. TheREPRODUCE. OF LAW.
Committee claims NOTinstant
that the FOR SALE. DO NOT
petition REPRODUCE.
for prohibition OF LAW.
is an improper NOT FOR
remedy SALE. DO NOT RE
because
the writ of prohibition does not lie against the exercise of a quasi-legislative function. Decide.
b. The CommitteePROPERTY OF SAN
contends that the BEDA UNIVERSITY
petition COLLEGE
violated the doctrine of PROPERTY OFcourts
hierarchy of SAN BEDA UNIVERSITY CO
in filing
the instant petition with NOT FOR SALE.
the Supreme DO NOT
Court REPRODUCE.
and not with the Court OF LAW. NOTDecide.
of Appeals. FOR SALE. DO NOT REPRO
44
a. A petition for prohibition is not the proper remedy to assail an IRR issued in the exercise of a quasi-
legislative PROPERTY
function. Prohibition liesOF SAN BEDA
against UNIVERSITY
judicial COLLEGE
or ministerial functions, butPROPERTY
not againstOF SAN BEDA UNIVERS
legislative
or REPRODUCE. OF LAW.
quasi-legislative functions. NOT FOR SALE.orDO
Quasi-legislative NOT REPRODUCE.
rule-making OF LAW.
power is the power NOTrules
to make FOR and
SALE. DO NOT
regulations
OPERTY OF SAN BEDA UNIVERSITY which results
COLLEGE in delegated
PROPERTY legislation
OF SAN that is within the
BEDA UNIVERSITY confines of the
COLLEGE grantingOF
PROPERTY statute
SANandBEDA UNIVERS
the doctrine of non-delegability and separability of powers. The assailed IRR was issued pursuant to
theREPRODUCE. OF LAW.
quasi-legislative power NOTCommittee
of the FOR SALE.expressly
DO NOT REPRODUCE.
authorized by R.A.OF LAW.
No. NOT
9207 FORSpirit
(Holy SALE. DO NOT
Homeowners
PROPERTY OF SAN BEDA UNIVERSITY Association,PROPERTY
COLLEGE Inc. v. Defensor,
OF SAN G.R. No.UNIVERSITY
BEDA 16380, August 3, 2006).
COLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT FOR SALE.b.DOThe
assailed IRR was issued pursuant to the quasi-legislative power of the Committee. OF LAW. NOT what
Where FOR SALE. DO N
is assailed COLLEGE
is the validity orPROPERTY OF SAN
constitutionality of aBEDA UNIVERSITY
rule or COLLEGE
regulation issued PROPERTY OF
by the administrative SAN BEDA UNIV
agency
in the performance
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of its quasi-legislative function, the regular
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. courts have jurisdiction to pass upon
the same, but the judicial course must follow the doctrine of hierarchy of courts. Although the Supreme
Court, COLLEGE
Court of Appeals PROPERTY
and the OF SAN BEDA
Regional TrialUNIVERSITY
Courts haveCOLLEGE PROPERTY
concurrent jurisdiction to OF SANwrits
issue BEDA UNIVERS
of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction, such concurrence
does not give the petitioner unrestricted freedom of choice of court forum. A direct invocation of the
Court’sCOLLEGE PROPERTY
original jurisdiction OFthese
to issue SAN BEDA UNIVERSITY
writs should COLLEGE
be allowed only whenPROPERTY
there are OF SANand
special BEDA UNIVERS
important OF LAW.
reasons therefor, NOT
clearly FOR
and SALE. DOset
specifically NOT
outREPRODUCE. OFfollowing
in the petition. Thus, LAW. NOT the FOR SALE. DO NOT
doctrine
of hierarchy of courts, the instant petition should have been initially filed with the RTC (Holy Spirit
RTY OF SAN BEDA UNIVERSITY COLLEGE Association,
Homeowners PROPERTY OFv.SAN
Inc. BEDA supra).
Defensor, UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
147. The City Government of Caloocan argues that the Laguna Lake Development Authority (LLDA) has no
power andCOLLEGE PROPERTY
authority to issue a ceaseOFand
SAN BEDAorder
desist UNIVERSITY COLLEGE
enjoining the dumpingPROPERTY
of garbageOF
inSAN
TalaBEDA UNIVERSITY C
Estate,
. NOT FOR SALE. DOBarangay
Camarin, Caloocan NOT
City. FOR SALE.that
It contends DOthe
NOTLLDA
REPRODUCE. OF express
did not have an LAW. NOT FORofSALE.
grant powerDO NOT REPR
to issue an ex parte cease and desist order similar to that given to the defunct National Pollution
PERTY OF SAN BEDAControl
UNIVERSITY COLLEGEwhosePROPERTY
Commission, powers areOFnow
SANassumed
by the Pollution PROPERTY
Adjudication OF(PAB).
Board SAN BEDA
Is UNIVERSI
DOcontention
of the City Government FOR SALE. DO NOT REPRODUCE.
correct? OF LAW. NOT FOR SALE. DO NOT R
No, the contention of the City Government is incorrect. As a rule, the adjudication of pollution cases
AW. NOT FOR SALE.generally
DO NOT pertains
REPRODUCE.
to the PAB,OF LAW.inNOT
except FOR
cases SALE.
where DO
the NOT REPRODUCE.
special OF LAW.
law provides for another NOT
forum. FOR as
LLDA, SALE.
a DO NOT R
specialized administrative agency, is specifically mandated under R.A. No. 4850 and its amendatory laws to
protect the inhabitants of the Laguna Lake region from the deleterious effects of pollutants emanating from the
. NOT FOR SALE. DOdischarge
of wastes from the surrounding areas. While it is a fundamental rule that OFanLAW. NOT FOR SALE.
administrative DO NOT REPR
agency
has only such powers as arePROPERTY OFgranted
expressly SAN BEDAto it UNIVERSITY COLLEGE
by law, it is likewise PROPERTY
a settled OFadministrative
rule that an SAN BEDA UNIVERSITY C
agency has also such powers as are necessarily implied in the exercise of its express powers. In the exercise,
therefore, of its express powers under its charter as a regulatory and quasi-judicial body with respect to
pollution cases
RTY OF SAN BEDA UNIVERSITY in the Laguna
COLLEGE Lake region,
PROPERTY OF SAN theBEDA
authority of the LLDA
UNIVERSITY to issue a PROPERTY
COLLEGE "cease andOF
desist
SANorder"
BEDAis,
UNIVERSITY C
perforce, implied. Otherwise, it may well be reduced to a "toothless" paper agency (LLDA v. CA, G.R. No.
. NOT FOR SALE. DO110120,
NOT REPRODUCE.
March 16, 1994).
PERTY OF SAN148.
BEDAThe
UNIVERSITY COLLEGE
DepEd issued DO No. 54,PROPERTY OF SAN BEDA
which provides for theUNIVERSITY COLLEGE
organization PROPERTYAssociations
of Parents-Teachers OF SAN BEDA UNIVERSI
AW. NOT FOR SALE.(PTAs)
DO NOTat REPRODUCE.
the school level and
OFthe cessation
LAW. NOT FORof SALE.
the recognition of existing parents-teachers
DO NOT REPRODUCE. OF LAW. NOT community
FOR SALE. DO NOT R
associations (PTCAs). X PTCA Federation questioned the validity of DO 54 for lack of public
consultations PROPERTY
prior to its issuance,OFandSANthus
BEDAtainted
UNIVERSITY COLLEGE defect
with procedural PROPERTY
for lackOF
ofSAN BEDA
notice UNIVERSITY C
and
hearing. Is DO No. 54 valid?
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SANwhen
Yes, DO No. 54 is valid despite lack of public consultation. Notice and hearing are not essential BEDAanUNIVERSITY C
. NOT FOR SALE. DOadministrative
NOT REPRODUCE.agency actsOF LAW. NOT
pursuant to itsFOR SALE. DOpower.
rule-making NOT REPRODUCE. OFhearing
Previous notice and LAW. NOT FOR SALE.
are required DO NOT REPR
when
limitation or loss of life or vested property rights takes place in consequence of a judicial or quasi-judicial
proceeding.COLLEGE PROPERTY
It is not essential to theOF SAN BEDA
validity UNIVERSITY
of general rules orCOLLEGE PROPERTY to
regulations promulgated OFgovern
future
conduct of a
. NOT FOR SALE. DO NOT REPRODUCE.class of persons or enterprises, unless the law provides
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. otherwise. Thus, D.O. 54 is a valid
exercise of DepEd’s rule-making authority (Quezon City PTCA Federation, Inc. v. DepEd, G.R. No. 188720,
February 23, 2016).
149. For illegal trafficking of company medicines, private respondent was dismissed from service.
PERTY OF SAN BEDAThereafter,
UNIVERSITY COLLEGE
private PROPERTY
respondent OF SANdismissal
filed an illegal BEDA UNIVERSITY COLLEGE
case before PROPERTY
the NLRC, which ruled OF SAN
in his BEDA UNIVERSI
favor.
AW. NOT FOR SALE.Petitioner
DO NOT REPRODUCE. OF LAW. NOT FOR
moved for the reconsideration SALE.
of the DO NOT which
decision, REPRODUCE.
was treatedOF
asLAW. NOT FOR
an appeal by SALE.
the DO NOT R
Secretary of Labor. The motion was denied. Private respondent contends that the Court has no
jurisdiction PROPERTY
to review the decisionsOFofSAN
the BEDA
NLRCUNIVERSITY COLLEGEof Labor
and the Secretary PROPERTY OF SAN
"under the BEDAof
principle UNIVERSITY C
. NOT FOR SALE. DOseparation
of powers" and NOT FOR
that judicial SALE.isDO
review NOT
not REPRODUCE.
provided OF LAW.
for in the law. NOTcontention
Was the FOR SALE. of
DO NOT REPR
private respondent
RTY OF SAN BEDA UNIVERSITY COLLEGE correct?
45
No, the contention of private respondent is not correct. As to administrative agencies exercising quasi-
AW. NOT FOR SALE.judicial
DO NOT or REPRODUCE. OF LAW.
legislative power there NOT FOR SALE.
is an underlying powerDO NOTcourts
in the REPRODUCE. OFacts
to scrutinize the LAW. of NOT
such FOR SALE. DO NOT R
agencies
PERTY OF SAN BEDAonUNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
questions of law and jurisdiction even though no right of review is given by statute. The purpose of judicialBEDA UNIVERSI
review is to keep
AW. NOT FOR SALE. DO NOT REPRODUCE. the administrative agency within its jurisdiction
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and protect substantial rights of parties
affected by its decisions. It is part of the system of checks and balances which restricts the separation of
powersUNIVERSITY COLLEGE
and forestalls arbitrary andPROPERTY OF SAN BEDA
unjust adjudications. UNIVERSITY
Judicial review is COLLEGE PROPERTY
proper in case of OF SAN BEDA UNIVE
lack of jurisdiction,
grave abuse of discretion, error of law, fraud or collusion. The courts may declare an action or resolution of an
administrative authority to be illegal (1) because it violates or fails to comply with some mandatory provision of
the law or (2) because it is corrupt, arbitrary or capricious (San Miguel Corporation v. Secretary of Labor, OF SAN
G.R.BEDA UNIVE
OF LAW. NOT FOR SALE. DO NOT May
No. L-39195, REPRODUCE.
16, 1975). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
150. Explain the concept
PERTY OF SAN BEDA UNIVERSITY COLLEGE of administrative
PROPERTYres OF judicata.
NOTdoctrine
REPRODUCE. OF LAW.
of res judicata forbidsNOT
the FOR SALE. DO
reopening of aNOT REPRODUCE.
matter that has been OF LAW. NOT
determined FOR SALE. DO NOT R
by competent
authority. Decisions and orders of administrative agencies, rendered pursuant to their quasi-judicial authority,
have, upon their finality, the force and binding effect of a final judgment, within the purview of the doctrine of
NOT FOR SALE. DO res
NOTjudicata
(Ligtas v. People, G.R. No. 200751, August 17, 2015). OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 151.
BEDA A
UNIVERSITY
petition forCOLLEGE PROPERTY
certiorari, prohibition OFinjunction
and SAN BEDAwas
UNIVERSITY COLLEGE
filed seeking to nullify PROPERTY
the Order ofOFthe
SAN BEDA UNIVERSIT
Energy
Regulation
AW. NOT FOR SALE. DO Commission OF
NOT REPRODUCE. (ERC)
LAW.which
NOT FORapproved
SALE. DOthe
NOTincrease of Manila
REPRODUCE. OF Electric
LAW. NOTCompany’s
FOR SALE. DO NOT RE
(MERALCO’s) generation charge from ₱3.1886 per kilowatt-hour (kWh) to ₱3.3213 per kWh effective
immediately but withoutPROPERTY OF SANpublication
the requisite BEDA UNIVERSITY COLLEGE amended
of MERALCO’s PROPERTY OF SAN BEDA
application, UNIVERSITY CO
thereby
depriving the
NOT FOR SALE. DO NOT REPRODUCE. petitioners of procedural due process. Decide.
The lack of publication of respondent MERALCO’s amended application for the increase of its generation
NOT FOR SALE. DO charge
NOT REPRODUCE. OF LAW.the
is fatal. By this omission, NOT FOR SALE.
consumers DO deprived
were NOT REPRODUCE. OFtheir
of the right to file LAW. NOT FORthereon.
comments SALE. DO
In NOT REPRO
Tañada v. Tuvera, the Court declared that administrative rules and regulations must also be published if their
purpose is COLLEGE
to enforce orPROPERTY
implementOF SAN BEDA
existing UNIVERSITY
law pursuant alsoCOLLEGE PROPERTY
to a valid delegation. OFrequirement
The SAN BEDA UNIVERSITY
of CO
NOT FOR SALE. DO publication
of implementing rules of statutes is mandatory and may not be dispensed with altogether even if, NOT REPRO
as in this case,
TY OF SAN BEDA UNIVERSITY there wasPROPERTY
COLLEGE public consultation and submission
OF SAN BEDA by the
UNIVERSITY parties of their
COLLEGE comments.
PROPERTY OF Consequently,
the assailed Order issued by the ERC, approving the increase of respondent MERALCO’s generation charge
NOT FOR SALE. DO from
NOT REPRODUCE.
₱3.1886 to ₱3.3213 OF per
LAW. NOTeffective
kWh FOR SALE. DO NOT REPRODUCE.
immediately, was made withoutOFgivingLAW.the
NOTconsumers
FOR SALE.any
DO NOT REPRO
PERTY OF SAN BEDA opportunity
UNIVERSITYtoCOLLEGE
file their comments thereon
PROPERTY OF(NASECORE) v. Manila Electric
SAN BEDA UNIVERSITY COLLEGE Company (MERALCO),
PROPERTY G.R.BEDA
OF SAN No. UNIVERSIT
191150, October 10, 2016, Perlas-Bernabe, J.).
152. Seeing some challenges that accompany the poor’s right to vote in relation to their level of educational
background
TY OF SAN BEDA UNIVERSITY and socialPROPERTY
COLLEGE awareness, OFthe
SANCongress eventuallyCOLLEGE
BEDA UNIVERSITY enacted a law adding aOF
PROPERTY minimum cash
and/or asset requirement for voters. The law specifically provides that those with an annual income of
NOT FOR SALE. DO less
NOT than
REPRODUCE.
Php 50,000.00OF LAW.
shall notNOT FOR SALE.
be allowed DO NOT
to vote. REPRODUCE.
Is the law valid? OF LAW. NOT FOR SALE. DO NOT REPRO
NOT FOR SALE. DO NOTNo, the law is invalid.
REPRODUCE. Property
OF LAW. NOTqualifications
FOR SALE. DOareNOTinconsistent
REPRODUCE.with the OF
nature
LAW.and
NOTessence of the
Republican system ordained in our Constitution and the principle of social justice. The right to vote shall not
PERTY OF SAN BEDA be
UNIVERSITY
dependentCOLLEGE
upon the wealthPROPERTY
of theOF SAN BEDA
individual UNIVERSITY
concerned, COLLEGE
whereas PROPERTY
social justice OF SAN equal
presupposes BEDA UNIVERSIT
opportunity for all,
AW. NOT FOR SALE. DO NOT REPRODUCE. rich and poor alike, and that, accordingly, no person
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. shall, by reason of poverty, be denied
the chance to elect representatives to public office (Maquera v. Borra, G.R. No. L-24761, September 7, 1965).
153. Joey, a concerned taxpayer, questions the validity of R.A. No. 10367, which creates the mandatory
NOT FOR SALE. DO biometrics
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OFregistered
registration for new voters. R.A. No. 10367 likewise directs that LAW. NOT voters
whose
biometrics
TY OF SAN BEDA UNIVERSITY have not been
COLLEGE captured
PROPERTY shallBEDA
OF SAN submit themselves
UNIVERSITY for validation,
COLLEGE otherwise,
PROPERTY OF SANtheir
BEDAvoter
UNIVERSITY CO
46
registration shall be deactivated. Joey contends that R.A. No. 10367 is unconstitutional since it creates
a new COLLEGE
qualification for votersPROPERTY
which is not OF provided
SAN BEDAbyUNIVERSITY COLLEGE
the Constitution. PROPERTY
Is Joey’s argumentOF SAN BEDA UNIVERS
tenable?
No, Joey’s argument
OPERTY OF SAN BEDA UNIVERSITY COLLEGE is untenable.
PROPERTY Biometrics
OF SANvalidation is not a qualification
BEDA UNIVERSITY COLLEGE to thePROPERTY
exercise ofOF
theSAN
rightBEDA
of UNIVERS
suffrage, but a mere aspect of the registration procedure, of which the State has the right to reasonably
LAW. NOT FOR SALE. DO NOTThe
regulate. REPRODUCE. OF LAW. NOT
concept of a "qualification", FORinsofar
at least SALE. as
DOtheNOT REPRODUCE.
discourse OFconcerned,
on suffrage is LAW. NOTshould
FOR SALE.
be DO NOT
distinguished
PROPERTY OF SAN BEDA from COLLEGE
UNIVERSITY the concept of PROPERTY
"registration",
OF which is regarded
SAN BEDA as only
UNIVERSITY the means by
COLLEGE which a person's
qualifications to vote is determined. The act of registering is only one step towards voting, and it is not one of
the elements that makes the citizen a qualified voter and one may be a qualified voter without exercisingFOR
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT the SALE. DO N
right toUNIVERSITY
vote. Thus, COLLEGE
although one isPROPERTY
deemed toOFbeSAN BEDA UNIVERSITY
a "qualified elector," he COLLEGE PROPERTY
must nonetheless OF SAN
still comply with BEDA UNIV
the registration procedure
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. in order to vote (Kabataan Party-List vs. Commission
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. on Elections, G.R. No. 221318;
December 16, 2015, Perlas-Bernabe, J.). Hence, R.A. No. 10367 remains to be valid.
154. X was convicted of the crime of estafa, and was imprisoned for a period of 2 years. Two months after
fully serving his sentence, the national elections were held, and X wanted to cast his vote in favor of
OPERTY OF SAN BEDA
Y, UNIVERSITY
a candidateCOLLEGE PROPERTY
for presidency. OF SAN
However, BEDA UNIVERSITY
COMELEC disallowed COLLEGE PROPERTY
him from casting OF SAN
his vote BEDA UNIVERS
as his
registration OF LAW.
records were already NOT FORdue
deactivated SALE. DOimprisonment.
to his NOT REPRODUCE. OF that
X contends LAW.such
NOTmeasure
FOR SALE. DO NOT
is violative of his right to suffrage. Decide.
COMELEC
. NOT FOR SALE. DO NOT REPRODUCE. is correct. A person who is sentenced by final
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. judgment to suffer
OFimprisonment
LAW. NOT FOR for SALE.
not less
DO NOT REPR
than one (1) year, unless removed by plenary pardon or amnesty, would have his registration records
deactivated.COLLEGE
However, thePROPERTY
right to voteOF
is SAN BEDA upon
reacquired UNIVERSITY COLLEGE
expiration PROPERTY
of five (5) years OF SAN
after service BEDA UNIVERSITY C
of sentence
. NOT FOR SALE. DOasNOT REPRODUCE.
certified by the clerks ofOF LAW.ofNOT
courts FOR SALE.
the MTC, RTC, DO NOTthe
and/or REPRODUCE. OF LAW.
Sandiganbayan (R.A. NOT FOR
No. 8189, Sec.SALE. DO NOT REPR
27, par.
(a)). X, having been imprisoned for 2 years, is disallowed to vote for having his registration records deactivated.
AW. NOT FOR155.
SALE.Distinguish petition for inclusion
DO NOT REPRODUCE. from
OF LAW. petition
NOT for exclusion.
FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
Petition for InclusionOF SAN BEDA UNIVERSITY COLLEGE PROPERTY
Petition for ExclusionOF SAN BEDA UNIVERSITY C
(R.A. 8189,
. NOT FOR SALE. DO NOT REPRODUCE. OFSec.
LAW.34)
NOT FOR SALE. DO NOT REPRODUCE. (R.A. 8189,
OFSec.
LAW.35)NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA As toUNIVERSITY
Prayer COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Any person whose
. NOT FOR SALE. DO NOT REPRODUCE. application for registration has Any registered
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. voter, representative
OF LAW. NOTof a political
FOR SALE. party
DO NOT REPR
been disapproved by the Board or whose name has or the Election Officer, may file with the court a sworn
been stricken PROPERTY
out from the OFwith
list may file SANthe
BEDA
courtUNIVERSITY COLLEGE
petition for the exclusionPROPERTY OF SANfrom
of a voter BEDAthe
UNIVERSITY C
. NOT FOR SALE. DO aNOT
petition to include his name
REPRODUCE. in theNOT
OF LAW. permanent list of
FOR SALE. DO permanent list of voters giving
NOT REPRODUCE. the name,
OF LAW. address
NOT FOR and
SALE. DO NOT REPR
voters in his precinct. the precinct of the challenged voter.
As to Jurisdiction
Municipal Trial Court and Metropolitan Trial Court shall have original and exclusive jurisdiction.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OFAs SAN
to BEDA UNIVERSITY
Time of Filing COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. Any
DO NOT
time REPRODUCE.
except one hundredOF LAW.
five (105)NOT
daysFOR SALE.
prior DO NOT
to Any time REPRODUCE.
except one hundred OF(100)
LAW.days
NOT prior
FOR to
SALE.
a DO NOT R
a regular election or PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
seventy-five (75) days prior to a regular election or sixty-five PROPERTY OF SAN BEDA UNIVERSI
(65) days before a special
AW. NOT FOR SALE. special
DO NOTelection.
REPRODUCE. OF LAW. NOT FOR SALE. election.
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
As to Required Accompanying Documents
1. Certificate of disapproval of his application; and Proof of notice to the Board and to the challenged
. NOT FOR SALE. DO 2.
NOT REPRODUCE.
Proof OF LAW.
of service of notice of hisNOT FORupon
petition SALE. DO voter.
the NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
Board. COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE.
As to DO to
Period NOT REPRODUCE.
Decide OF LAW. NOT FOR SALE. DO NOT REPR
Within fifteen (15) days after its filing. Within ten (10) days from its filing.
As to Appeal
Decisions of MTC and MeTC may be appealed by the aggrieved party to the RTC within five (5) days from
receipt of notice thereof. Otherwise, said decision shall become final and executory.
RTC shall decide within ten (10) days from the time it is received and the decision shall become final and
PERTY OF SAN BEDA executory.
UNIVERSITY NoCOLLEGE PROPERTY OF
motion for reconsideration SAN
shall beBEDA UNIVERSITY COLLEGE
entertained. PROPERTY OF SAN BEDA UNIVERSI
47
156. Who are disqualified to register as an overseas voter under R.A. No. 10590 (The Overseas Voting Act
PERTY OF SAN BEDAofUNIVERSITY
2013)? COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
The following are disqualified: (LECI)
Those who COLLEGE PROPERTY
have Lost their OF SAN BEDA
Filipino citizenship UNIVERSITY
in accordance withCOLLEGE PROPERTY OF SAN BEDA UNIVE
Philippine laws;
b. Those who have OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
Expressly renounced their Philippine citizenship and who OFpledged
have LAW. NOT FOR SALE. DO NO
allegiance
to a foreign country, except dual citizens as referred to under Republic Act No. 9225;
c. Those who have committed and are Convicted in a final judgment by a Philippine court or tribunal of
OF LAW. NOT FOR SALE. DO an
NOT REPRODUCE.
offense punishable byOF LAW. NOT FOR
imprisonment of notSALE. DO NOT
less than one REPRODUCE. OF LAW.
(1) year, such disability NOT FOR
not having beenSALE. DO NO
removed by plenary pardon or amnesty: Provided, however, that any person disqualified to vote under
this subsection shall automatically acquire the right to vote upon the expiration of five (5) years after
AW. NOT FOR SALE. DO NOTservice
REPRODUCE. OF
of sentence; and LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
d. Any citizen
PERTY OF SAN BEDA UNIVERSITY COLLEGE of the Philippines
PROPERTY abroad
OF SANpreviously declared COLLEGE
BEDA UNIVERSITY Insane or incompetent
PROPERTYbyOFcompetent
SAN BEDA UNIVERSI
authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign
AW. NOT FOR SALE. DO NOTservice
establishments concerned, unless such competent authority subsequently certifies that such
TY OF SAN BEDA UNIVERSITYperson is no longer
COLLEGE insane or
PROPERTY OFincompetent
SAN BEDA (R.A. No. 10590,
UNIVERSITY Sec. 4). PROPERTY OF SAN BEDA UNIVERSITY CO
COLLEGE
NOT FOR SALE. DO A
157. NOT REPRODUCE.
case was filed by POF LAW. NOT
assailing theFOR SALE.ofDOthe
validity NOT REPRODUCE.
Overseas Absentee OF LAW.Act
Voting NOTofFOR SALE.
2003, DO NOT REPRO
which
contains COLLEGE PROPERTY
certain provisions suchOFasSAN BEDA UNIVERSITY
allowing COLLEGE
the registration PROPERTY
of voters who areOFimmigrants
SAN BEDA UNIVERSITY
or CO
NOT FOR SALE. DO permanent residents inOF
NOT REPRODUCE. other
LAW.countries
NOT FORby their
SALE. DOmere
NOTact of executing anOFaffidavit
REPRODUCE. LAW. NOT expressing their
intention to return to the Philippines. P alleges that it circumvents the Constitution for violating the
PERTY OF SAN BEDA residency
UNIVERSITY COLLEGE of at
requirement PROPERTY OF SAN
least one-year inBEDA UNIVERSITYand
the Philippines COLLEGE
at least six PROPERTY
months in OF theSAN BEDA
place he UNIVERSIT
proposes to vote. Is P correct?
No, P is wrong. PROPERTY
In the case OF SAN
of Macalintal v. BEDA UNIVERSITY
COMELEC COLLEGE
(G.R. No. 157013, JulyPROPERTY
10, 2003),OFtheSAN BEDA UNIVERSIT
Supreme
Court REPRODUCE.
ruled OF LAW.
that a law that allows NOT FOR
absentees SALE.
to vote DO NOT
despite not REPRODUCE. OF LAW.
being physically present NOT
in the FOR SALE.
Philippines is DO NOT RE
not unconstitutional. The strategic location of Section 2 of Article V of the Constitution indicates that the
Constitutional Commission PROPERTY
providedOFforSAN BEDA UNIVERSITY
an exception COLLEGE
to the actual PROPERTY OF
residency requirement SAN BEDA
of Section UNIVERSITY CO
1 with
respect to qualified
NOT FOR SALE. DO NOT REPRODUCE. Filipinos abroad. Both Absentee voting and
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.Detainee voting are exceptions to the general
rule that a person must be physically present in the polling place whereof he is a registered voter to be able to
vote.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. of
158. Who is a detainee for purposes NOT FOR SALE.
detainee DO NOT REPRODUCE.
voting? OF LAW. NOT FOR SALE. DO NOT REPRO
A detainee is
NOT FOR SALE. DO NOT REPRODUCE.understood to be
OF anyNOT
LAW. person:
FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
a. Confined in jail, formally charged for any crime/s and awaiting/undergoing trial;
b. Serving a sentence ofPROPERTY OF SAN
imprisonment BEDA
for less UNIVERSITY
than COLLEGE
one (1) year; or PROPERTY OF SAN BEDA UNIVERSIT
c. Whose conviction
AW. NOT FOR SALE. DO NOT REPRODUCE. ofOF LAW. NOT FOR SALE. DO NOT REPRODUCE. government
a crime involving disloyalty to the duly constituted OF LAW.suchNOTasFOR
rebellion,
SALE. DO NOT RE
sedition, violation of the firearms laws or any crime against national security or for any other crime is
on appeal (COMELEC PROPERTY OFNo.
Resolution SAN9371,
BEDARule
UNIVERSITY COLLEGE
1, Sec. 2(1)). PROPERTY OF SAN BEDA UNIVERSIT
Note: Detainees are not allowed to vote on the Local Level; they are allowed to vote on the National Level only
(Aguinaldo v. New BilibidPROPERTY OFNo.
Prison, G.R. SAN BEDA UNIVERSITY
221201, COLLEGE
April 19, 2016). PROPERTY OF SAN BEDA UNIVERSITY CO
159.
TY OF SAN BEDA Samwell COLLEGE
UNIVERSITY was convictedPROPERTY
by final judgment for theUNIVERSITY
OF SAN BEDA crime of rape, with the penalty
COLLEGE of reclusion
PROPERTY OF SAN temporal
BEDA UNIVERSITY CO
to reclusion perpetua, which carried an accessory penalty of perpetual absolute disqualification. Three
NOT FOR SALE. DO years
NOT REPRODUCE.
after fully servingOF
hisLAW. NOT FOR
sentence, SALE.
he filed hisDO NOTseeking
COC, REPRODUCE.
to run as theOF LAW.ofNOT
Mayor FOR SALE.
Westeros. DO NOT REPRO
Meera
PERTY OF SAN BEDA challenges
UNIVERSITYthe validity of Samwell’s candidacy on the ground that Samwell is perpetually disqualified
to run for public office, in accordance with Art. 30 of the RPC. Samwell contends that pursuant to Sec.
40(a) REPRODUCE.
of the OF LAW.
LGC, which provides NOT
that FOR SALE.convicted
a candidate DO NOT REPRODUCE. OF LAW.
of an offense involving NOT
moral FOR SALE.
turpitude or DO NOT RE
PERTY OF SAN BEDA for an offense
UNIVERSITY involving 1 year
COLLEGE or more
PROPERTY OFofSAN
imprisonment shall be
BEDA UNIVERSITY allowed to run
COLLEGE 2 years OF
PROPERTY after serving
SAN BEDA UNIVERSIT
his sentence, he should now be allowed to run. Decide.
Meera’s
TY OF SAN BEDA UNIVERSITY contention isPROPERTY
COLLEGE correct. While Sec.BEDA
OF SAN 40(a)UNIVERSITY
allows a prior convict to runPROPERTY
COLLEGE for local elective
OF SANoffice
BEDAafter
UNIVERSITY CO
the lapse of 2 years from the time he serves his sentence, the said provision should not be deemed to cover
NOT FOR SALE. DO cases
wherein the law imposes a penalty which has the effect of disqualifying the convict to run for elective
DO NOT REPRO
office. In this PROPERTY
relation, Art. 30 of the OF
RPC SAN BEDA that
provides UNIVERSITY COLLEGE
the penalty of perpetualPROPERTY OF SAN BEDAhas
absolute disqualification UNIVERSITY CO
48
the effect of depriving the privilege to run for elective office. Hence, despite the lapse of 2 years from Samwell’s
service of his COLLEGE
prison term, hePROPERTY
remains OF SAN BEDA
bound UNIVERSITY
to suffer COLLEGE
the accessory penalty PROPERTY
of perpetualOF absolute
SAN BEDA UNIVERS
disqualification OF LAW.
which consequently, NOT FORhim
disqualifies SALE. DOas
to run NOT REPRODUCE.
mayor OF LAW.vs.NOT
of Westeros (Jalosjos FOR SALE. DO NOT
COMELEC,
G.R.
OPERTY OF SAN BEDA No. 205033,
UNIVERSITY June 18, 2013,
COLLEGE Perlas-Bernabe,
PROPERTY J.). UNIVERSITY COLLEGE
OF SAN BEDA PROPERTY OF SAN BEDA UNIVERS
Note: REPRODUCE.
The accessory penalty ofOF LAW. NOT
temporary FOR SALE.
absolute DO NOT REPRODUCE.
disqualification OF LAW.
disqualifies the convict NOToffice
for public FOR and
SALE. DO NOT
for theUNIVERSITY
PROPERTY OF SAN BEDA right to vote,COLLEGE
such disqualification to lastOF
PROPERTY only
SANduring
BEDA theUNIVERSITY
term of the sentence
COLLEGE(Art. 27, par. 3, &OF
PROPERTY Art.SAN
30, BEDA UNIV
RPC). But this is not true with respect to the other accessory penalty of perpetual special disqualification for
the exercise of REPRODUCE.
the right of suffrage.OFThis
LAW. NOT FORpenalty
accessory SALE. DO NOT REPRODUCE.
deprives OF LAW.
the convict of the right to voteNOT FOR
or to be SALE. DO N
electedUNIVERSITY COLLEGE
to or hold public PROPERTY
office perpetually, OF SAN BEDA
as distinguished UNIVERSITY
from temporary COLLEGE PROPERTY
special disqualification, OF lasts
which SAN BEDA UNIV
during the term of the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. sentence (Jalosjos vs. COMELEC, supra).
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA
160. UNIVERSITY
Donald Kadena,COLLEGE
a 34-year-oldPROPERTY OF SAN BEDA
staunch supporter of theUNIVERSITY COLLEGE aims
current administration, PROPERTY
a seat atOF
theSAN BEDA UNIVERS
House
of Representatives under his partylist, the Tuderde Youth, which was organized to represent the youth
sector and seeks to empower the millennial supporters of President Tuderde. May Donald Kadena be
a nominee COLLEGE
of the PROPERTY
Tuderde Youth OF SAN BEDA UNIVERSITY COLLEGE
in the elections? PROPERTY OF SAN BEDA UNIVERS
No, Donald Kadena may not run as a representative for the youth. In case of a nominee of the youth
sector, he must at least bePROPERTY OF SAN
25 but not more BEDA
than UNIVERSITY
30 years of age onCOLLEGE
the day of thePROPERTY OFyouth
election. Any SAN BEDA UNIVERSITY C
sectoral
representative
. NOT FOR SALE. DO NOT REPRODUCE.who attains the age of 30 during his term shall be
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. allowed to continue in office until the expiration
of his term (R.A. No. 7941, otherwise known as the Partylist System Act, Sec. 9, Par. 2).
PERTY OF SAN161.
BEDAWhat
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF previous
are the effects of filing a certificate of candidacy with respect to the holding of their SAN BEDA UNIVERSI
AW. NOT FOR SALE.offices?
Officials PROPERTY
holding appointive OFincluding
offices, SAN BEDA UNIVERSITY
active membersCOLLEGE PROPERTY
of AFP and officers OF SAN BEDA UNIVERSITY C
of government-owned
. NOT FOR SALE. DOorNOT
controlled corporations OF
REPRODUCE. shall be considered
LAW. ipso facto
NOT FOR SALE. resigned
DO NOT upon the filing of
REPRODUCE. OFhisLAW.
certificate
NOT FORof candidacy
SALE. DO NOT REPR
(OEC, Sec. 66). It applies to employees of GOCCs without an original charter (PNOC Energy Development
Corporation v. NLRC, G.R. No. 100947, May 31, 1993).
While an elective official may run for another position without forfeiting his seat (R.A. No. 9006, otherwise
known as the Fair ElectionPROPERTY OF SAN
Act, Sec. 14). BEDA
Hence, UNIVERSITY
he is not deemedCOLLEGE
resigned uponPROPERTY
the filing ofOF
hisSAN BEDA UNIVERSITY C
COC.
Note: Previously,
RTY OF SAN BEDA UNIVERSITY COLLEGEunder Sec. 67 of OEC,
PROPERTY any elective
OF SAN official, whether
BEDA UNIVERSITY national orPROPERTY
COLLEGE local, running
OF for
SANany office
BEDA UNIVERSITY C
other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall
. NOT FOR SALE. DObe
NOT
considered ipso facto resigned from his office upon the filing of his certificate of candidacy. However, this NOT REPR
PERTY OF SAN BEDAhas been repealed
UNIVERSITY by Sec. 14PROPERTY
COLLEGE of the Fair OF
Election Act. UNIVERSITY COLLEGE
SAN BEDA PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR162.
SALE.Ms.
DOGNOTfiledREPRODUCE.
two COCs – one for OFGovernor
LAW. NOTofFOR SALE.
Leyte andDO theNOT
otherREPRODUCE. OF LAW. NOT
for Mayor of the municipality ofFOR SALE. DO NOT R
Baybay,
Leyte. On the last day of PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
filing, Ms. G decided to file an affidavit of withdrawal PROPERTY OF SAN BEDA UNIVERSI
for the position of Mayor
AW. NOT FOR SALE.with the provincial
DO NOT REPRODUCE.election OFsupervisor
LAW. NOT of FOR
Leyte, which
SALE. DOwas
NOTdenied and orderedOF
REPRODUCE. to LAW.
tender
NOTtheFOR
same to DO NOT R
SALE.
Baybay, Leyte. Discuss the effects of Ms. G’s actions.
As a rule, when a person files two COCs for different offices, he becomes ineligible for either position.
. NOT FOR SALE. DOHowever,
he may withdraw one of his certificates by filing a sworn declaration with the COMELEC before the
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF of
deadline for the filing of certificates of candidacy. The law does not mandate that the affidavit SAN BEDA UNIVERSITY C
withdrawal
must be filed
. NOT FOR SALE. DO NOT REPRODUCE.with the same office where the COC to be withdrawn
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. was filed. In Ms. G’s case, there
OF LAW. NOT FOR SALE.was DO
a NOT REPR
substantial compliance with the requirement of the law (Loreto-Go v. COMELEC, G.R. No. 147741, May 10,
2001). COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE.
163.DORNOT
filedREPRODUCE. OF LAW. NOT
her COC for Representative of FOR SALE.District
the Sixth DO NOTofREPRODUCE.
Manila under the OF LAW.
ticket of NOT FORShe
Y Party. SALE.
wasDO NOT REPR
disqualified by the COMELEC for failure to meet the 1-year residency requirement after finding that she
PERTY OF SAN BEDAisUNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
a resident of East Greenhills, San Juan, misrepresented as Sta. Mesa, Manila in her COC. M, a
AW. NOT FOR SALE.nominee
DO NOT of
REPRODUCE.
Y Party, filed his COC as substitute for R’s congressional position. OF LAW. NOT FOR SALE. DO NOT R
a. Was COMELEC correct in disqualifying R?
AW. NOT FOR SALE. DOb.NOTMay
there be a valid substitution?
c. What
RTY OF SAN BEDA UNIVERSITY are the effects
COLLEGE of disqualification
PROPERTY OF SAN BEDA and denial of due
UNIVERSITY course to and/or
COLLEGE cancellation
PROPERTY of CoC
cases vis-à-vis candidate substitution?
49
a. COMELEC
PERTY OF SAN BEDA UNIVERSITY COLLEGEis incorrect. Misrepresentation
PROPERTY on statements
OF SAN BEDA UNIVERSITYaffecting
COLLEGE one’s qualifications
PROPERTY OF forSAN
elective
BEDA UNIVERSI
office such as age, residence and citizenship or non-possession of natural-born Filipino status is a
AW. NOT FOR SALE. DO NOTground
REPRODUCE. OF LAW.
to deny due course NOTcancellation
and/or FOR SALE. of
DO NOTunder
COC REPRODUCE. OF LAW.
Sec. 78 of the OEC. NOTother
On the FORhand,
SALE. DO NOT R
disqualification under Sec. 68 of the OEC refers to those candidates who have committed certain BEDA
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN acts UNIVERSI
enumerated
AW. NOT FOR SALE. DO NOT REPRODUCE. therein (Tagolino v. HRET, G.R. No. 202202, March
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. 19, 2013, Perlas-Bernabe, J.).
OF LAW. NOT FOR SALE. R, DO NOT R
having misrepresented her residency in the COC in order to be eligible to run, should have her petition
be deniedCOLLEGE
due course. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
b. No, there is no valid substitution. Under Sec. 77 of the OEC, it requires that there be a candidate in
order for substitution to take place, as well as the precept that a person without a valid COCOF is
SANnotBEDA UNIVE
OF LAW. NOT FOR SALE. DO considered
NOT REPRODUCE.
as a candidate OFatLAW.
all, itNOT FOR SALE.
necessarily that ifREPRODUCE.
DO NOT
follows a person’s COC had
OF been
LAW. denied
NOT FOR dueSALE. DO NO
course to and/ or cancelled, he or she cannot be validly substituted in the electoral process. The
existence of a valid PROPERTY
COC is a OF SAN BEDA
condition sine UNIVERSITY
qua non forCOLLEGE
a disqualified PROPERTY OFbe
candidate to SAN BEDA UNIVERSI
validly
AW. NOT FOR SALE. DO NOTsubstituted
REPRODUCE.(TagolinoOF
v. HRET, supra,
LAW. NOT FORPerlas-Bernabe,
SALE. DO NOT J.).REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
c. A candidate who is disqualified under Sec. 68 [of OEC] can be validly substituted pursuant to Sec. 77
AW. NOT FOR SALE. DO NOTofREPRODUCE. OF LAW.
OEC because he remains NOT FOR until
a candidate SALE.disqualified;
DO NOT REPRODUCE.
but a person whose OFCOC
LAW.has
NOT FOR
been SALE. DO NOT R
denied
due course to and/or cancelled under Section 78 [of OEC] cannot be substituted because he is not
TY OF SAN BEDA UNIVERSITYconsidered
COLLEGE a candidate.
PROPERTY OF there
Since SAN BEDA
would UNIVERSITY COLLEGE
be no candidate to speak ofPROPERTY OF SAN
under a denial BEDA
of due UNIVERSITY CO
course
to and/or cancellation of aNOT
COCFOR SALE.
case, thenDO NOT
there REPRODUCE.
would be no candidateOFtoLAW. NOT FOR SALE.
be substituted; DO NOT REPRO
the same
TY OF SAN BEDA UNIVERSITYdoes not obtain,PROPERTY
COLLEGE however, OFin aSAN
disqualification case since
BEDA UNIVERSITY there remains
COLLEGE to be aOF
PROPERTY candidate
SAN BEDA to UNIVERSITY
be CO
substituted, although his or her candidacy is discontinued (Tagolino v. HRET, supra, Perlas-Bernabe,
J.). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 164.
BEDA What
UNIVERSITY COLLEGE
is the effect PROPERTYthat
of the declaration OF aSAN BEDA UNIVERSITY
candidate COLLEGE
is a nuisance PROPERTY
candidate with respectOF
to SAN BEDA UNIVERSIT
the votes
castNOT
AW. NOT FOR SALE. DO in favor of such candidate?
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
COMELEC PROPERTY
Resolution OF SAN
No. 4116 issuedBEDA
in UNIVERSITY COLLEGE
relation to the finality of PROPERTY
resolutions OF
or SAN BEDA UNIVERSITY
decisions in CO
disqualification
NOT FOR SALE. DO NOT REPRODUCE. cases, which provides that the decision or resolution
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of a DIVISION on nuisance candidate,
particularly where the nuisance candidate has the same name as the bona fide candidate shall be immediately
executory after the lapse of five (5) days unless a motion for reconsideration is seasonably OF filed.
In which
NOT FOR SALE. DO case,
NOT REPRODUCE.
the votes cast shallOF
notLAW. NOT FOR stray
be considered SALE.but
DOshall
NOTbeREPRODUCE.
counted and talliedOFforLAW. NOT fide
the bona FORcandidate.
SALE. DO NOT REPRO
Thus,COLLEGE
final judgments PROPERTY
declaringOF SAN BEDA
a nuisance UNIVERSITY
candidate COLLEGE
should PROPERTY
effectively cancel OF SAN
the COC filedBEDA UNIVERSITY CO
by such
NOT FOR SALE. DO candidate
as of election day. NOT FOR
Otherwise, SALE.
potential DO NOTcandidates
nuisance REPRODUCE. OFtoLAW.
will continue NOT
put the FOR SALE.
electoral DO NOT REPRO
process
into mockery
TY OF SAN BEDA UNIVERSITY by filing certificates
COLLEGE PROPERTY of OF
candidacy
SAN BEDA at the last minute
UNIVERSITY and delayingPROPERTY
COLLEGE resolution OF
of any
SANpetition to
BEDA UNIVERSITY CO
declare them as nuisance candidates until elections are held and the votes counted and canvassed.
Ballots indicating only the similar surname of two (2) candidates for the same position may, in appropriate
PERTY OF SAN BEDA cases,
be counted in favor of the bona fide candidate and not considered stray, even if the other candidate
was declared a nuisance candidate by final judgment after the elections (MartinezOFIIILAW. NOT FOR
v. HRET, G.R.SALE.
No. DO NOT RE
189034, January 11,
PERTY OF SAN BEDA UNIVERSITY COLLEGE 2010). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
165. A filed her COC
NOT FOR SALE. DO NOT REPRODUCE. for Councilor, City of Taguig for the 2019 Elections.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Her COCOFstated that she
LAW. NOT FORwas
SALE.born
DO NOT REPRO
on 29 October 1999, or that she will be 20 years of age on the day of the elections, in contravention of
the requirement PROPERTY
that one must be OF SAN
at 23 BEDA
years of UNIVERSITY COLLEGE
age on the day PROPERTY
of the elections as setOF
outSAN BEDA
in Sec. UNIVERSITY CO
9 (c)
NOT FOR SALE. DO of
NOT REPRODUCE.
R.A. OFofLAW.
No. 8487 (Charter NOTofFOR
the City SALE. DO
Taguig). NOT
A few REPRODUCE.
weeks OF LAW.
later, she withdrew herNOT FOR SALE.
candidacy andDOB, NOT REPRO
of the same political party, filed a substitution for A’s spot pursuant to Section 77 of the OEC. The
COMELEC COLLEGE PROPERTY
Law Department, OF SAN
however, BEDA UNIVERSITY
recommended COLLEGE of PROPERTY
the cancellation A’s COC and OF SAN BEDA
denial UNIVERSITY CO
of the
substitution
NOT FOR SALE. DO NOT REPRODUCE.of A by B. COMELEC adopted the recommendation,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. cancelled A’s COC, and denied the
substitution of A by B as an effect of the cancellation of A’s COC. Decide.
NOT FOR SALE. DO NOTAREPRODUCE.
valid substitution isOF LAW. NOT
tendered by B FOR
in theSALE.
case DO NOT REPRODUCE.
provided. OF LAW.
Subject to its authority NOT FORcandidates
over nuisance SALE. DO NOT REPRO
and its power to deny due course to or cancel COCs under Sec. 78 of the OEC, the COMELEC has the
PERTY OF SAN BEDA ministerial
UNIVERSITY COLLEGE
duty to receive and PROPERTY OF SAN
acknowledge BEDA
receipt UNIVERSITY
of COCs. COLLEGE has no
The COMELEC PROPERTY
discretionOF SAN or
to give BEDA
not UNIVERSIT
AW. NOT FOR SALE. DO NOTdue
to give REPRODUCE.
course to COCs.OF LAW.
While theNOT FOR SALE.
Comelec DO into
may look NOTpatent
REPRODUCE.
defects in theOF LAW.it NOT
COCs, FORgoSALE.
may not into DO NOT RE
PERTY OF SAN BEDA matters
UNIVERSITYnot appearing
COLLEGEon their face. Absent
PROPERTY any BEDA
OF SAN due proceedings
UNIVERSITY under Secs. 68, 69,
COLLEGE or 78 of OF
PROPERTY theSAN
OEC, the UNIVERSIT
BEDA
COMELEC must rely on the truth as declared “on the face” of the COCs thus submitted to them. The question
of eligibility OFcandidate
or ineligibility of a LAW. NOT is FOR
thus SALE.
beyond DO NOT
the REPRODUCE.
usual OF LAW.
and proper cognizance of NOT FOR SALE. DO NOT RE
the COMELEC
(Cerafica COLLEGE
TY OF SAN BEDA UNIVERSITY v. COMELEC, G.R. No. 205136,
PROPERTY OF SANDecember 2, 2014). COLLEGE
BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY CO
50
166. H declared in his COC for Punong Barangay position that he was eligible to run for the office he seeks
OPERTY OF SAN BEDA
to UNIVERSITY COLLEGE
be elected to. The COMELEC PROPERTY OF SAN BEDA
Law Department filed UNIVERSITY
a Petition forCOLLEGE PROPERTY
Disqualification against OF SAN BEDA UNIVERS
H claiming
LAW. NOT FOR SALE.
heDO NOTbarred
was REPRODUCE.
from runningOFinLAW.
an NOT FOR since
election SALE. DOhe NOT
was REPRODUCE.
suffering from the OFperpetual
LAW. NOTabsolute
FOR SALE. DO NOT
disqualification
OPERTY OF SAN BEDA after found PROPERTY
UNIVERSITY COLLEGE guilty of Grave
OF SANMisconduct by the Ombudsman.
BEDA UNIVERSITY COLLEGE Can COMELEC
PROPERTY OF SANmotu
BEDA UNIVERS
proprio initiate such case?
PROPERTY OF SAN BEDAYes, the COMELEC
UNIVERSITY has motuPROPERTY
COLLEGE proprio duty OF to
SANbarBEDA
from UNIVERSITY
running for elective
COLLEGE office those suffering
PROPERTY OF from
SAN BEDA UNIV
perpetual absolute disqualification. Even without a petition under either Sec. 78 of the OEC, or under Sect. 40
of the LGC, the COMELEC is under a legal duty to cancel the COC of anyone suffering from the accessory SALE. DO N
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR
penaltyUNIVERSITY
of perpetualCOLLEGE PROPERTY
special disqualification to OF
runSAN BEDA office
for public UNIVERSITY COLLEGE
by virtue PROPERTY
of a final judgment OF SAN BEDA UNIV
of conviction.
The final judgment of
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.conviction is notice to the COMELEC of the disqualification
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of the convict from
OF LAW. NOT running
FOR SALE. DO N
for public office and the COMELEC is duty bound to enforce all laws relative to the conduct of an election
(Dimapilis COLLEGE G.R. No.
v. COMELEC, PROPERTY
227158,OF SAN
April 18,BEDA
Perlas-Bernabe, J.). PROPERTY OF SAN BEDA UNIVERS
167. What are the grounds
. NOT FOR SALE. DO NOT REPRODUCE. for a petition to deny due course or to
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.cancel a certificate of candidacy
OF LAW. NOT FOR (COC)?
SALE. DO NOT REPR
The following PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
are the grounds: PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOTa. REPRODUCE. OF LAW. NOT FOR
False Material Representation SALE.
- The DO NOTupon
COMELEC, REPRODUCE.
proper petition,OF LAW.
may NOTaFOR
cancel SALE. DO
certificate of NOT REPR
candidacy on the ground that any material misrepresentation contained therein as required under Sec.
74 of the PROPERTY
Omnibus Election CodeOF SANSec.
(OEC, BEDA UNIVERSITY COLLEGE
78). PROPERTY OF SAN BEDA UNIVERSI
b. Nuisance Candidates OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
- The Commission may motu proprio or upon a verified OF LAW.ofNOT
petition FOR SALE. DO NOT R
an interested
party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate
has been filed to put the election process in mockery or disrepute or to cause confusion among the
AW. NOT FOR SALE. DO NOTvoters
REPRODUCE. OFofLAW.
by the similarity NOT FOR
the names SALE.
of the DO NOTcandidates
registered REPRODUCE.
or by other OFcircumstances
LAW. NOT FOR or SALE.
acts DO NOT R
which clearly demonstrate that the candidate has no bona fide intention to run for the office for which
the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT
the electorate (OEC, Sec. 69). FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
168. X, who was previously convicted of a crime involving moral turpitude, filed his COC for Municipal
. NOT FOR SALE. DOMayor
of Talavera, Nueva Ecija. Y, who also filed his COC for the same position, filed a petition to deny
due course
RTY OF SAN BEDA UNIVERSITY or cancel X’sPROPERTY
COLLEGE COC underOF
Sec.
SAN78BEDA
of theUNIVERSITY
OEC, alleging that X is disqualified
COLLEGE PROPERTYperpetually from
holding or from being elected to any public office due to his previous conviction. The election was held
. NOT FOR SALE. DOwhile
NOT REPRODUCE.
the case was pending and X garnered the highest number of votes followed by Y. Thereafter, NOT REPR
COMELECCOLLEGE PROPERTY
rendered its decision OFdeclared
and SAN BEDA X’sUNIVERSITY COLLEGEVice Mayor
COC as cancelled. PROPERTY OFcontests
Z, now SAN BEDA UNIVERSITY C
that
. NOT FOR SALE. DOhe should
NOT be declared as
REPRODUCE. OF Mayor invoking
LAW. NOT the rule
FOR SALE. on succession
DO NOT REPRODUCE. to the permanent
OF LAW. NOTvacancy in the
Mayor’s Office. Who has the right to occupy the position of Mayor?
Y has the right
AW. NOT FOR SALE. DO NOT REPRODUCE. to occupy the position of Mayor. Denial of due
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. course or cancellation of COC
OF LAW. NOTunder
FOR Sec.
SALE. DO NOT R
78 of the OEC results to the person being deemed as never a candidate from the very beginning and his COC
PERTY OF SAN BEDAbeing
UNIVERSITY COLLEGE
void ab initio. Since X’s PROPERTY
COC was voidOF SAN BEDA
ab initio UNIVERSITY
and COLLEGE
his victory voided, PROPERTY
the position OFshould
for Mayor SAN BEDA
be UNIVERSI
AW. NOT FOR SALE.awarded
DO NOTtoREPRODUCE. OF LAW. who
the next qualified candidate NOTobtained
FOR SALE.theDO NOTnumber
highest REPRODUCE. OF LAW. NOT
of votes, Y. (Maquiling FOR SALE. DO NOT R
v. COMELEC,
G.R. No. 195649, April 16, 2013).
169. X filed his COC for Mayor of ABC. Y, his opponent, filed a petition under Sec. 78 of OEC to deny due
course over the COC of X on the ground of material misrepresentation on his eligibility. Y alleges that
X who hasCOLLEGE
RTY OF SAN BEDA UNIVERSITY been convicted of the crime
PROPERTY of robbery
OF SAN has not yet
BEDA UNIVERSITY fully served PROPERTY
COLLEGE his sentence.
OF Pending
SAN BEDAthe
UNIVERSITY C
resolution of the petition, the elections were held and X was declared the winner. A month after X’s
. NOT FOR SALE. DOvictory,
the COMELEC cancelled FOR SALE.
X’s COC, DOinNOT
ruling REPRODUCE.
favor OFnow
of the petition. Y LAW. NOT FORthat
contends SALE.
as DO
a NOT REPR
second placer he shouldPROPERTY OF SAN BEDA
be the proclaimed UNIVERSITY
mayor, COLLEGE
being the PROPERTY
qualified candidate OFgarnered
who SAN BEDAthe
UNIVERSITY C
. NOT FOR SALE. DOhighest votes. Decide. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
Y is correct. PROPERTY
The second placer rule isOF SAN BEDA
applicable onlyUNIVERSITY
in case a COC COLLEGE
was cancelledPROPERTY
or deniedOF SAN
due BEDA UNIVERSI
course
under Sec. 78 of
AW. NOT FOR SALE. DO NOT REPRODUCE. the OEC; the rule of succession will apply in
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.cases of petition for disqualification
OF LAW. NOT FOR Sec.
under SALE. DO NOT R
68 of the OEC. If the certificate of candidacy is void ab initio, then legally the person who filed such void COC
PERTY OF SAN BEDAwas
UNIVERSITY COLLEGEin the elections
never a candidate PROPERTY OF SAN
at any time.BEDA
All votesUNIVERSITY COLLEGE are
for such non-candidate PROPERTY
stray votes OFand
SAN BEDA UNIVERSI
should
not be counted. Thus, such OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
non-candidate can never be a first-placer in the OF LAW. NOT FOR SALE. DO NOT R
elections. If a COC which is void
ab initio is cancelled on the day, or before the day, of the election, prevailing jurisprudence holds that all votes
for that candidate are strayPROPERTY OF SAN
votes (Jalosjos BEDA UNIVERSITY
v. COMELEC, G.R. No.COLLEGE PROPERTY
193237, October OF SAN BEDA UNIVERSITY C
9, 2012).
51
PERTY OF SAN170.
BEDANUNIVERSITY
is the incumbent
COLLEGEMayor PROPERTY
of Cainta and
OF SANnowBEDA
filedUNIVERSITY
his COC toCOLLEGE
signify his bid for re-election.
PROPERTY F, a UNIVERSI
OF SAN BEDA
registered voter in the same municipality, filed before the COMELEC a Petition for Disqualification
AW. NOT FOR SALE.alleging
DO NOTthat
REPRODUCE. OF LAW.
N violated expending of NOT FOR
public SALE.
funds DO NOT
within REPRODUCE.
45 days OF LAW.
before the national pollsNOT
and FOR SALE. DO NOT R
to illegal
PERTY OF SAN BEDAcontributions
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
for road repairs which are both punishable under the OEC. The COMELEC Second OF SAN BEDA UNIVERSI
Division dismissed
AW. NOT FOR SALE. DO NOT REPRODUCE. the petition on the ground that N’s guilt is
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.a prejudicial question.
F howeverCOLLEGE PROPERTY
contends that a priorOF SAN BEDAisUNIVERSITY
judgement COLLEGE to filing
not a precondition PROPERTY OF SAN
a Petition forBEDA UNIVE
Disqualification as provided by the law. Is F correct?
b. May COMELEC deny due course or cancel a COC on the ground of material misrepresentation
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OFofSAN
of the candidate’s citizenship even without prior determination by a court or tribunal theBEDA UNIVE
OF LAW. NOT FOR SALE. DO citizenship
NOT REPRODUCE.
issue? OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
a. Yes, aCOLLEGE PROPERTY
prior court judgment is notOF SAN BEDA
required UNIVERSITY
before the remedyCOLLEGE
under Sec. 68 PROPERTY
of the OEC OF canSAN BEDA UNIVERSI
prosper.
AW. NOT FOR SALE. DO NOTThis is highlighted byOF
REPRODUCE. theLAW.
provision itself,SALE.
NOT FOR whichDO
contemplates of two scenarios:
NOT REPRODUCE. first, NOT
OF LAW. thereFORis a SALE.
final DO NOT R
decision by a competent court that the candidate is guilty of an election offense and second, it is the
Commission itself that found that the candidate committed any of the enumerated prohibited acts. The
AW. NOT FOR SALE. DO NOTgiven
REPRODUCE.
case falls underOF LAW.
the NOTscenario.
second FOR SALE. DO NOT
Hence, REPRODUCE.
the COMELEC OF LAW.
may determine byNOT
itselfFOR SALE. DO NOT R
a finding
that N has indeed committed one of the prohibited acts as provided under the law.
Yes. The COMELEC'sOF LAW. NOT FOR function
adjudicative SALE. DO NOT
over REPRODUCE.
election OF LAW. NOT
contests is quasi-judicial FOR SALE.
in character DO NOT REPRO
since
the COMELEC
TY OF SAN BEDA UNIVERSITY COLLEGE is a governmental body, other than a court,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE that is vested with jurisdiction to decide
the specific class of controversies it Is charged with resolving. In adjudicating the rights of persons
before it, the COMELEC is not just empowered but is in fact required toOF
investigate FOR
facts or SALE. DO NOT REPRO
ascertain
the existence of facts, hold hearings, weigh evidence, and draw conclusions from them as basis for
their official action and exercise of discretion in a judicial nature.
The COMELEC is, PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
thus, fully-clothed with authority to make factual PROPERTY
determinations OF SANto
in relation BEDA
the UNIVERSIT
election contests before it. This has been the thrust of the decades worth of constitutional revisions
that transformed the COMELEC from a purely administrative body, whose scope of decision making
TY OF SAN BEDA UNIVERSITYisCOLLEGE
limited to those incidentalOF
PROPERTY toSAN
its duty
BEDAto UNIVERSITY
enforce election laws, to a PROPERTY
COLLEGE polling commission that also
exercises original and exclusive, as well as appellate, jurisdiction over election contests (Francisco
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
vs. COMELEC, G.R. No. 230249; April 24, 2018, Covered Case).
Note: FranciscoOF
NOT FOR SALE. DO NOT REPRODUCE. v. LAW.
COMELEC
NOT FORoverturned
SALE. DOtheNOT
ruling of the Supreme Court
REPRODUCE. OF LAW.in Poe-Llamanzares
NOT FOR SALE. DO v. NOT REPRO
COMELEC that “the COMELEC cannot itself, in the same cancellation case, decide the qualification
TY OF SAN BEDA UNIVERSITYorCOLLEGE
lack thereof ofPROPERTY OF SAN
the candidate. TheBEDA UNIVERSITY
certificate COLLEGE
of candidacy may notPROPERTY OF or
be cancelled SAN BEDAdue
denied UNIVERSITY CO
course on grounds
NOT FOR SALE. DO NOT REPRODUCE. of false
OF LAW. NOTrepresentations
FOR SALE. DO NOT regarding his or her qualifications
REPRODUCE. OF LAW. NOTwithout a prior
authoritative finding that he or she is not qualified, such prior authority being the necessary measure
TY OF SAN BEDA UNIVERSITYby
COLLEGE PROPERTY
which the falsity OF SAN BEDAcan
of the representation UNIVERSITY
be found.” COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
AW. NOT FOR 171.
SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.BNOT
A and B were candidates for the position of Governor of Cavite for the 2001 elections. filed FOR SALE. DO NOT RE
a petition
PERTY OF SAN BEDA with
UNIVERSITY COLLEGE
the COMELEC for thePROPERTY
annulmentOF of SAN BEDAresults
election UNIVERSITY COLLEGE
and alleges PROPERTY
that there had beenOFa SAN BEDA
failure of UNIVERSIT
elections. However,
AW. NOT FOR SALE. DO NOT REPRODUCE. COMELEC lifted its order suspending the proclamation
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and thereafter proclaimed
A as winners of the Provincial Election. Aggrieved, B filed a petition before the SC for the suspension
of the effects
TY OF SAN BEDA UNIVERSITY of the proclamation
COLLEGE PROPERTY OF andSAN
declaration of “failureCOLLEGE
BEDA UNIVERSITY of elections” PROPERTY
through massive
OF SANfraud
BEDAandUNIVERSITY CO
violence. A claims that by virtue of the proclamation, the proper remedy available to B was not petition
NOT FOR SALE. DO for
NOTdeclaration
of failure of elections but an election protest. Who has jurisdiction to act on B’s petitions
after the proclamation PROPERTY
of winners?OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
The Comelec en banc has the authority to annul election results and/or declare a failure of elections (R.A.
No. 7166,COLLEGE PROPERTY
Sec. 4). The fact OF SAN proclaimed
that a candidate BEDA UNIVERSITY COLLEGE
has assumed PROPERTY
office does not deprive OFthe
COMELEC
of its authority
NOT FOR SALE. DO NOT REPRODUCE. to annul any canvass and illegal proclamation.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Moreover, under Sec. 6 of the OEC, COMELEC
is duty bound to investigate allegations of fraud, terrorism, violence, and other analogous causes in actions for
annulment of election results or for declaration of failure of elections. In the case, the allegationsOF SANofBEDA UNIVERSITY CO
massive
NOT FOR SALE. DO fraud
NOT REPRODUCE.
and terrorism, whichOFled
LAW.
to a NOT FOR
failure SALE.falls
to elect, DO within
NOT REPRODUCE.
this rule (OEC, Sec. OF6).LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 172.
BEDA When
UNIVERSITY
shouldCOLLEGE
there be a callPROPERTY
of specialOF SAN BEDA UNIVERSITY COLLEGE
election? PROPERTY OF SAN BEDA UNIVERSIT
a. In case
PERTY OF SAN BEDA UNIVERSITY a vacancy arises
COLLEGE in the Batasang
PROPERTY Pambansa
OF SAN BEDA [Congress]
UNIVERSITY 18 monthsPROPERTY
COLLEGE or more before a regular
election, the Commission shall call a special election to be held within 60 days after the vacancy
AW. NOT FOR SALE. DO NOToccurs
REPRODUCE. OF LAW.
to elect the Member to NOT
serveFOR
the SALE. DO NOT
unexpired term.REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
b. In case of the dissolution of the Batasang Pambansa [Congress], the President shall call an election
TY OF SAN BEDA UNIVERSITYwhich
shall not be held earlier than 45 nor later than 60 days from the date of such dissolution (OEC,
Sec. 7). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
52
173. X and Y ran for Representative in the same district. During the canvassing, Y objected to several
returns which COLLEGE PROPERTYwith.
he said were tampered OF SAN
TheBEDA
boardUNIVERSITY COLLEGE
of canvassers PROPERTY
did not entertain Y’s OF SAN BEDA UNIVERS
objections
for lack of authority
LAW. NOT FOR SALE. DO NOT REPRODUCE. to do so. Y questions the law prohibiting the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. filing of pre-proclamation
OF LAW. NOT FORcases
SALE. DO NOT
involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all
PROPERTY OF SAN BEDA UNIVERSITY cases,
pre-proclamation COLLEGE withoutPROPERTY
distinction.OF IsSAN BEDA UNIVERSITY COLLEGE
Y correct? PROPERTY OF SAN BEDA UNIV
No, Y’s contention is wrong. COMELEC’s jurisdiction over pre-proclamation cases pertains only to elections
for regional, COLLEGE
provincial, PROPERTY
and city officials. OF SAN
In a decided BEDA
case, UNIVERSITY
it ruled COLLEGE cases
that pre-proclamation PROPERTY
shall be OF SAN BEDA UNIV
allowed
only inDO NOT
local REPRODUCE.
elective position except OFbarangay
LAW. NOT FOR SALE.
offices DOelections
thus, in NOT REPRODUCE. OF(President,
for national offices LAW. NOTVice-FOR SALE. DO N
President, and Members of Congress), and for barangay elections, pre-proclamation controversies are
prohibited COLLEGE
(Pimentel PROPERTY
III v. COMELEC, G.R.OFNo.SAN BEDAMarch
178413, UNIVERSITY COLLEGE
13, 2008). PROPERTY OF SAN BEDA UNIVERS
174. When are pre-proclamation cases exceptionally allowed for national offices?
LAW. NOT FOR SALE.
Pre-proclamation cases are allowed for national offices when the controversy involves:OF LAW. NOT FOR SALE. DO NOT
a. Determination of the authenticity and due execution of certificates of canvass (RA 9369, Sec. 37);
RTY OF SAN BEDA UNIVERSITY COLLEGEof manifest
b. Correction PROPERTY
errorsOF SAN BEDA UNIVERSITY
(Tamayo-Reyes v. COMELEC COLLEGE PROPERTY
and Cabitac, G.R. No. OF SAN BEDA
175121, June 8,UNIVERSITY C
2007); and OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
c. Matters
RTY OF SAN BEDA UNIVERSITY COLLEGErelating to the composition or proceedings of the
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE board of canvassers (OEC,OF
PROPERTY Sec.
SAN243(a)).
BEDA UNIVERSITY C
175. Who has exclusive
AW. NOT FOR SALE. DO NOT REPRODUCE.and original jurisdiction
OF LAW. NOT FOR over election
SALE. DO NOTprotests?
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
Election Contest Body
President and Vice-President SC sitting as the Presidential Electoral Tribunal (PET)
RTY OF SAN BEDA UNIVERSITY COLLEGESenator PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
Senate PROPERTY
Electoral Tribunal OF SAN BEDA UNIVERSITY C
(SET)
. NOT FOR SALE. DO NOTDistrict
or Party-List Representative FOR SALE. DO
House of Representative Electoral Tribunal FOR
NOT REPRODUCE. OF LAW. NOT SALE. DO NOT REPR
(HRET)
Regional/ PROPERTY
Provincial/ OF SAN BEDA UNIVERSITY COLLEGE
City Official COMELEC PROPERTY OF SAN BEDA UNIVERSITY C
Municipal Official OF LAW.
Regional Trial Court (RTC)NOT FOR SALE. DO NOT REPR
Barangay/SK
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITYMunicipal
COLLEGETrial Court (MTC) OF SAN BEDA UNIVERSITY C
PROPERTY
176. Explain the remedy of Quo Warranto under the Omnibus Election Code. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDAIt UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
is filed by any registered voter in the constituency, with the following grounds:
AW. NOT FOR SALE. DOa.NOTIneligibility;
REPRODUCE. or, OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
b. Disloyalty
PERTY OF SAN BEDA UNIVERSITY COLLEGE to the Republic.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE.ItDO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
is filed within 10 days after proclamation of results of election (OEC, Sec. 253).
Note: There must be a final judgment of disqualification before the election in order that the votes of the
. NOT FOR SALE. DOdisqualified
NOT REPRODUCE.
candidate canOF
be LAW. NOT FOR
considered SALE.(Ocampo
as “stray” DO NOT REPRODUCE. OF LAW.June
v. HRET, G.R. No. 158466, NOT15,
2004).
177.DODifferentiate
. NOT FOR SALE. NOT REPRODUCE.quo warranto
OFand election
LAW. NOT FORprotest.
SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
Election PROPERTY
protest is strictly OFbetween
a contest SAN BEDA theUNIVERSITY
defeated andCOLLEGE PROPERTY
winning candidates, basedOFon
SAN BEDA of
grounds UNIVERSITY C
election frauds or irregularities, as to who actually obtained the majority of the legal votes and therefore is
entitled to hold the office. It can only be filed by a candidate who has duly filed a certificate of candidacy and
has been voted for. A protestee may be ousted and either the protestant or the protestee’s lawful OF SAN BEDA UNIVERSITY C
successor
. NOT FOR SALE. DOshall
NOTbe REPRODUCE. OFvacated.
seated in the office LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
On the other PROPERTY
hand, quo warranto OFtoSAN
refers BEDA UNIVERSITY
questions COLLEGE
of disloyalty or ineligibility of PROPERTY
the winning OF SAN BEDA
candidate. It UNIVERSI
AW. NOT FOR SALE.isDO
a proceeding to unseat the ineligible
NOT REPRODUCE. OF LAW. person
NOT FOR from office,
SALE. DObut notREPRODUCE.
NOT to install the protestant in hisNOT
OF LAW. place. Can
FOR be DO NOT R
SALE.
filed by any voter. It is for this reason that it is not considered a contest where the parties strive for supremacy
PERTY OF SAN BEDA(Luison
v. Garcia, G.R. No. 10981, April 25, 1958).
53
178. In 2007, the DSWD embarked on a poverty reduction strategy with the poorest of the poor as target
beneficiaries. COLLEGE
Dubbed "Ahon PROPERTY
PamilyangOF SAN BEDA
Pilipino," UNIVERSITY
under COLLEGE
A.O. No. 16, s. 2008,PROPERTY
the DSWDOF SAN
alsoBEDA UNIVE
institutionalized a
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.coordinated inter-agency network among several
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. departments and (LGUs),
OF LAW. NOT FOR SALE. DO NO
identifying specific roles and functions in order to ensure effective and efficient implementation of the
CCTP. Petitioner challenges the implementation of the CCTP which are alleged to have encroached
OF SAN BEDA UNIVE
into DO
the NOT
localREPRODUCE. OF LAW.
autonomy of the LGUs andNOT FOR SALE. DOof
decentralization NOT REPRODUCE.
government functionsOFthat
LAW. NOT
have FOR SALE. DO NO
already
been devolved from the national government to the local government units. Is the contention of
PERTY OF SAN BEDApetitioner
UNIVERSITY COLLEGE
correct? PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
No, there is no
PERTY OF SAN BEDA UNIVERSITY COLLEGE encroachment of the autonomy of LGU neither there
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE is a complete relinquishment
PROPERTY of central
government powers. In the Philippine concept of local autonomy, the national government has not completely
AW. NOT FOR SALE.relinquished
all its powers over localNOT FOR SALE. DO
governments, NOT REPRODUCE.
including autonomous regions.OF LAW. NOT
Unless anFOR
LGU SALE.
is DO NOT R
particularly
TY OF SAN BEDA UNIVERSITY designated as
COLLEGE the implementing
PROPERTY agency,
OF SAN BEDA it has no power
UNIVERSITY over a program
COLLEGE for which
PROPERTY funding
OF SAN BEDAhasUNIVERSITY CO
been provided by the national government under the annual general appropriations act, even if the program
NOT FOR SALE. DO involves
NOT REPRODUCE.
the delivery of basic services within the jurisdiction of the LGU. Only administrative powers over local NOT REPRO
affairs areCOLLEGE PROPERTY
delegated to political OF SAN BEDA
subdivisions. UNIVERSITY
The national COLLEGE
government PROPERTY
is not precluded OF taking
from SAN BEDA UNIVERSITY CO
a direct
NOT FOR SALE. DO part
NOT in these programs. OF
REPRODUCE. Therefore,
LAW. NOT Petitioner’s
FOR SALE.contention is incorrect. (Pimentel,
DO NOT REPRODUCE. Jr. v.NOT
OF LAW. Ochoa, G.R. No.
195770, July 17, 2012).
179. The people of the provinces of Benguet, Mountain Province, Ifugao, Abra and Kalinga-Apayao and the
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
city of Baguio cast their votes in a plebiscite held pursuant to RA No. 6766 entitled "AnNOT FOR SALE. DO NOT RE
Act Providing
for an Organic
TY OF SAN BEDA UNIVERSITY COLLEGEAct for the Cordillera
PROPERTY OFAutonomous Region." The
SAN BEDA UNIVERSITY result of thePROPERTY
COLLEGE plebisciteOF
showed that the
creation of the Region was approved by a majority of votes only in the Ifugao Province and was
NOT FOR SALE. DO overwhelmingly
NOT REPRODUCE. rejectedOFby
LAW.
the NOT FOR
rest of SALE.
the DO NOT
provinces REPRODUCE.
and OF LAW.Can
city above-mentioned. NOTtheFOR SALE. DO
province of NOT REPRO
Ifugao, being PROPERTYwhich
the only province OF SAN BEDA
voted UNIVERSITY
favorably COLLEGE
for the PROPERTY
creation of the OF SAN
Cordillera BEDA UNIVERSITY CO
Autonomous
NOT FOR SALE. DO Region alone, legally and
NOT REPRODUCE. OFvalidly
LAW. NOTconstitute suchDO
FOR SALE. Region?
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
No, Ifugao PROPERTY
alone cannot OF the
constitute SANCAR.
BEDAArt.
UNIVERSITY
X, Sec. 15COLLEGE PROPERTY
of the Constitution provides OFthat
SANthere
BEDA UNIVERSITY CO
shall
be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and distinctive historical and cultural heritage,
economicCOLLEGE PROPERTY
and social structures, OF SAN
and other BEDAcharacteristics
relevant UNIVERSITY COLLEGE PROPERTY
within the framework of thisOF SAN BEDAand
Constitution UNIVERSITY CO
the national sovereignty OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
as well as territorial integrity of the Republic of the OF LAW. NOT FOR SALE. DO
Philippines. The keywords — NOT REPRO
provinces, cities, municipalities and geographical areas connote that "region" is to be made up of more than
PERTY OF SAN BEDA one
UNIVERSITY COLLEGE
constituent PROPERTY
unit. The term OF SAN
"region" used BEDA
in its UNIVERSITY
ordinary COLLEGE
sense means PROPERTY
two or more OFOtherwise,
provinces. SAN BEDA UNIVERSIT
we would
AW. NOT FOR SALE. DO be faced with the OF
NOT REPRODUCE. absurd
LAW.situation
NOT FOR of SALE.
havingDO
twoNOT
setsREPRODUCE.
of officials, a set OF
of provincial
LAW. NOTofficials and DO NOT RE
FOR SALE.
another set of regional officials exercising their executive and legislative powers over exactly the same small
PERTY OF SAN BEDA area
UNIVERSITY COLLEGE
(Ordillo v. Comelec, G.R.PROPERTY
No. 93504,OFDecember
SAN BEDA4,UNIVERSITY
1990). COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
180. The ARMM was created by virtue of R.A. 6734, as amended by R.A. 9054. The ARMM Regional
Assembly,COLLEGE PROPERTY
exercising its power toOF SAN provinces
create BEDA UNIVERSITY COLLEGE
under Section PROPERTY
19, Article OF9054,
VI of R.A. SAN BEDA UNIVERSITY CO
enacted
NOT FOR SALE. DO Muslim
NOT REPRODUCE.
Mindanao AutonomyOF LAW. ActNOT
No. FOR
201 SALE.
(MMADO ActNOT
201)REPRODUCE. OF LAW.
creating the Province NOT FOR
of Shariff SALE. DO NOT REPRO
Kabunsuan.
Was the Congress
TY OF SAN BEDA UNIVERSITY COLLEGE justified in delegating to the ARMM the power
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE to create a province?
Congress cannot validly delegate to the ARMM Regional Assembly the OFpower
LAW. to
NOT FORlegislative
create SALE. DO NOT REPRO
districts for the House of Representatives since the power to increase the allowable membership in the House
of Representatives, and to reapportion legislative districts, is vested exclusively in Congress. As such, its power
NOT FOR SALE. DO to
NOT REPRODUCE.
create LGUs is limitedOF LAW.
to the NOT FOR
creation SALE. DO NOT
of municipalities andREPRODUCE. OF LAW.
barangays as the power NOT FOR
to create SALE. DO
a province or NOT REPRO
a city inherently
TY OF SAN BEDA UNIVERSITY COLLEGEinvolves PROPERTY
the power toOFcreate a legislative
SAN BEDA district COLLEGE
UNIVERSITY (Sema v. COMELEC, G.R.OF
PROPERTY No.SAN
177597,
BEDAJuly
UNIVERSITY CO
NOT FOR SALE. DO 16,
NOT2008).
PERTY OF SAN 181.
BEDA Mamady is aCOLLEGE
UNIVERSITY municipality composed
PROPERTY ofOF80 barangays,
SAN 30 on theCOLLEGE
BEDA UNIVERSITY west of Mamady River and
PROPERTY 50 on
OF SAN the UNIVERSIT
BEDA
east thereof. The 30 western barangays, feeling left out of economic initiatives, wish to constitute
themselves into a new and OF LAW. NOT
separate townFOR SALE.
to be DOMasigla.
called NOT REPRODUCE.
A law is passedOF LAW. NOT
creating FOR and
Masigla SALE.
a DO NOT RE
plebiscite is made in favor of the law. Suppose that one year after Masigla was constituted as a
municipality, the law creating it is voided because of defects.
a. Would PROPERTY
that invalidate OF SAN
the acts BEDA
of the UNIVERSITY
municipality COLLEGE
and/or PROPERTY
its municipal OF SAN BEDA UNIVERSITY CO
officers?
54
b. Define a municipal corporation by estoppel.
LAW. NOT FOR SALE. DOa.NOT REPRODUCE.
Although OF LAW.
the municipality cannotNOT FOR SALE. DO
be considered as aNOT REPRODUCE.
de facto OF LAW.
corporation, because NOTis FOR
there SALE. DO NOT
no valid
law under
OPERTY OF SAN BEDA UNIVERSITY which it wasPROPERTY
COLLEGE created, the
OFacts
SANofBEDA
the municipality
UNIVERSITYand of its officersPROPERTY
COLLEGE will not be OF
invalidated,
SAN BEDA UNIVERS
because the existence of the law creating it is an operative fact before it was declared unconstitutional.
Hence, OF LAW.
the previous acts of theNOT FOR SALE.
municipality DOitsNOT
and REPRODUCE.
officers should be given OFeffect
LAW.as NOT FOR SALE.
a matter of DO NOT
fairness and
PROPERTY OF SAN BEDA UNIVERSITY justice (Municipality
COLLEGE PROPERTYof Malabang v. Benito,
OF SAN BEDA G.R. No. L-28113,
UNIVERSITY COLLEGEMarchPROPERTY28, 1969). OF SAN BEDA UNIV
OF LAW. NOT FOR SALE.b.DOANOT REPRODUCE.
municipal corporation byOF LAW. NOT
estoppel FOR aSALE.
is neither DO NOT
corporation deREPRODUCE.
jure nor de facto, butOFaLAW.
nullity.NOT
TheFOR
rule SALE. DO N
PROPERTY OF SAN BEDA UNIVERSITY COLLEGEmay be,
is that its existence PROPERTY
questionedOFcollaterally
SAN BEDAorUNIVERSITY COLLEGE
directly in any PROPERTY
action or proceeding OF SAN
by any one BEDA UNIV
whose rights
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. or interests ate affected thereby, including the citizens
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of the territory incorporated unless
they are estopped by their conduct from doing so (Municipality of Malabang v. Benito, supra).
182.UNIVERSITY
RTY OF SAN BEDA Typhoon Bangis
COLLEGEdevastated the Province
PROPERTY of Sinagtala.
OF SAN BEDA UNIVERSITYRoads and bridges
COLLEGE were destroyed
PROPERTY which
impeded the entry of vehicles into the area. This caused food shortage resulting in massive looting of
. NOT FOR SALE. DOgrocery
NOT REPRODUCE. OFThere
stores and malls. LAW. is
NOT FORoutage
power SALE. DO NOT
also REPRODUCE.
in the area. For theseOF LAW. NOT
reasons, the FOR SALE. of
governor DO NOT REPR
the province declares aPROPERTY OF SAN BEDA
state of emergency UNIVERSITY
in their COLLEGE
province PROPERTY OF
through Proclamation No.SAN BEDA
1. He UNIVERSITY C
also
. NOT FOR SALE. DOinvoked Section 465 ofOF
NOT REPRODUCE. the LGC
LAW. NOTwhich
FOR vests
SALE. DOon NOT
the provincial
REPRODUCE. governorOF the
LAW.power to carryout
emergency measures during man-made and natural disasters and calamities, and to call upon the
PERTY OF SAN BEDAappropriate
UNIVERSITYnational
COLLEGElaw enforcement
PROPERTYagencies to suppress
OF SAN BEDA disorder
UNIVERSITY and lawless
COLLEGE violence. OF
PROPERTY In the
SANsame
BEDA UNIVERSI
proclamation, the governor called upon the members of the PNP, with the assistance of the AFP, to set
up checkpoints and chokepoints, conduct general searches and seizures including arrests, and other
PERTY OF SAN BEDAactions
necessary to ensure public safety. Was the action of the provincial governor proper? BEDA UNIVERSI
Explain.
The action of the Provincial Governor is not valid. It is only the President who is authorized to exercise
emergencyCOLLEGE PROPERTY
powers under Sec. 23, Art.OF
VI SAN
of theBEDA UNIVERSITY
Constitution and toCOLLEGE PROPERTY
call out the Armed Forces ofOFthe
Philippines
. NOT FOR SALE. DOunder Sec. 1, Art. VII of the
NOT REPRODUCE. OFConstitution.
LAW. NOT FOR Sec.SALE.
465 ofDO
theNOT
LGCREPRODUCE.
does not sanctionOF hisLAW.
actions since
NOT FORit refers to NOT REPR
SALE. DO
calamities and disasters. Looting is not a calamity or disaster. The intent behind the powers granted to local
government units is fiscal, economic, and administrative in nature. The Code is concerned only with powers
. NOT FOR SALE. DOthat
NOTwould
REPRODUCE.
make the deliveryOF LAW. NOT
of basic FOR SALE.
services moreDO NOT REPRODUCE.
effective to the constituents,OFand
LAW. NOTnot
should FORbeSALE. DO NOT REPR
unduly
stretched to confer calling-out powers on local executives. The power under Sec. 465 of the LGC to call upon
national law enforcement PROPERTY
agencies toOF SAN BEDA
suppress UNIVERSITY
lawless COLLEGE
violence is PROPERTY
not applicable. The AFP OF SANa BEDA
is not UNIVERSITY C
national
. NOT FOR SALE. DOlaw
NOT REPRODUCE.
enforcement OF LAW.v.NOT
agency (Kulayan Tan,FOR
G.R.SALE. DO NOTJuly
No. 187298, REPRODUCE.
3, 2012). OF LAW. NOT FOR SALE. DO NOT REPR
183. ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever fluid
. NOT FOR SALE. DOsubstances
NOT REPRODUCE.
are released through a nearby creek, obnoxious odor is emittedOF
causing FOR SALE.
dizziness among DO NOT REPR
PERTY OF SAN BEDAresidents in Barangay
UNIVERSITY COLLEGE La Paz. On complaint
PROPERTY of theUNIVERSITY
OF SAN BEDA Punong Barangay,
COLLEGE the City Mayor OF
PROPERTY wrote
SANABC
BEDA UNIVERSI
demanding that it abate the nuisance. This was ignored. An invitation to attend a hearing called by the
AW. NOT FOR SALE.Sangguniang
Panlungsod was NOT FORbySALE.
also declined DO NOT REPRODUCE.
the president OF LAW. NOTthereupon
of ABC. The city government FOR SALE. DO NOT R
issued a cease and desist PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
order to stop the operations of the plant, prompting PROPERTY OF SAN BEDA
ABC to file a petition for UNIVERSI
injunction before
AW. NOT FOR SALE. DO NOT REPRODUCE. RTC, arguing that the city government did not
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. have any power to abate the alleged
nuisance. Decide with reasons. (2010 Bar)
The city government has no power to stop the operations of the plant. Since its operations is not a nuisance
. NOT FOR SALE. DOper
se, the city government cannot abate it extrajudicially. Under Sec. 447(a)(3)(i) of R.A. No. 7160,
the Sangguniang Bayan is empowered to enact ordinances declaring, preventing or abatingOF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SANand
noise BEDA UNIVERSITY C
other
forms of nuisance.
. NOT FOR SALE. DO NOT REPRODUCE. However, the Sangguniang Bayan cannot declare
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. a particular thing as a nuisance per se
and order its condemnation. It does not have the power to find, as a fact, that a particular thing is a nuisance
when suchCOLLEGE PROPERTY
thing is not a nuisance perOF
se;SAN
nor BEDA UNIVERSITY
can it authorize the COLLEGE PROPERTY OF
extrajudicial condemnation SAN
and BEDA UNIVERSITY C
destruction
of that as a nuisance
. NOT FOR SALE. DO NOT REPRODUCE. which in its nature, situation or use is not
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. such. Those things must be determined
OF LAW. NOT FOR SALE. and
DO NOT REPR
resolved in the ordinary courts of law. If a thing be in fact, a nuisance due to the manner of its operation, that
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF
question cannot be determined by a mere resolution of the Sangguniang Bayan (AC Enterprises, Inc. v. SAN BEDA UNIVERSITY C
. NOT FOR SALE. DOFrabelle
Properties Corporation, G.R.NOT
No.FOR SALE.July
166744, DO 24,
NOT REPRODUCE.
2017). OF LAW. NOT FOR SALE. DO NOT REPR
184. What are the essential
PERTY OF SAN BEDA UNIVERSITY COLLEGE requisites for a valid exercise of the power
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of eminent domain by the
PROPERTY OFLGU?
SAN BEDA UNIVERSI
NOTfollowing
essential requisites must concur before an LGU can exercise the power of eminent domain:
(OPPO) COLLEGE
RTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
a. An Ordinance is enacted by the local legislative council authorizing the local chief executive to
. NOT FOR SALE. DO NOT REPRODUCE. OFofLAW.
exercise the power NOTdomain
eminent FOR SALE. DO NOT
or pursue REPRODUCE.
expropriation OF LAW.
proceedings over aNOT FOR SALE.
particular DO NOT REPR
private
property; PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
55
b. PowerCOLLEGE
PERTY OF SAN BEDA UNIVERSITY of eminent domain is exercised
PROPERTY OF SANfor BEDA
PublicUNIVERSITY
use, purposeCOLLEGE
or welfare, or for the benefit
PROPERTY OFofSAN
the poor
BEDA UNIVERSI
and landless;
AW. NOT FOR SALE. DOc.NOTPayment
of just compensation; and FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
d. A valid and definite Offer has been previously made to the owner of the property sought OF SANtoBEDA
be UNIVERSI
expropriated,
AW. NOT FOR SALE. DO NOT REPRODUCE. but said offer was not accepted (LGC, Sec. 19)
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. (Municipality of Paranaque v. VM Realty
Corp., G.R. No. 127820, July 20, 1998).
PROPERTY OF 185.
SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
The Sangguniang Bayan of the Municipality of Pasig [now Pasig City] enacted Ordinance No. 25 which
imposed REPRODUCE.
a franchise OF LAW. NOT
tax on all business FORoperations
venture SALE. DO NOT REPRODUCE.
carried OF LAW. NOT
out through a franchise FOR
within theSALE. DO NO
municipality at the rate of 50% of 1% of its gross receipts derived from the operation of the business
PERTY OF SAN BEDAinUNIVERSITY COLLEGE
Pasig during PROPERTY
the preceding OF year.
calendar SAN BEDA UNIVERSITYOffice
The Treasurer’s COLLEGE PROPERTY
of the Pasig OF SAN BEDA UNIVERSI
City Government
AW. NOT FOR SALE.informed
DO NOT REPRODUCE.
MERALCO, a grantee OF LAW. NOT FOR franchise,
of a legislative SALE. DO NOT REPRODUCE.
that it OF LAW.
is liable to pay taxes NOT
for the FOR1996
period SALE. DO NOT R
to 1999, pursuant
PERTY OF SAN BEDA UNIVERSITY COLLEGEto Municipal Ordinance No. 25. MERALCO protested
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE the validity of the demand,
arguing that Ordinance No. 25 is null and void as municipalities are not empowered by law to impose
DO collect
franchise tax pursuant toNOT
Sec.FOR
142 SALE.
of theDO NOT
LGC. REPRODUCE.
Decide with reasons.OF LAW. NOT FOR SALE. DO NOT R
Under the LGC, a municipality is bereft of authority to levy and impose franchise tax on franchise holders
NOT FOR SALE. DO within
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OFALAW.
its territorial jurisdiction. That authority belongs to provinces and cities only. NOT tax
franchise FORlevied
SALE.byDOa NOT REPRO
municipality is, thus, nullPROPERTY OF SAN
and void. The nullityBEDA
is notUNIVERSITY COLLEGE
cured by the PROPERTYofOFthe
subsequent conversion SAN BEDA UNIVERSITY CO
municipality
NOT FOR SALE. DO into
NOTaREPRODUCE.
city (City of Pasig v. OFManila
LAW.Electric
NOT FOR Co., G.R.DO
SALE. No.NOT
181710, March 7, 2018,OF
REPRODUCE. Covered Case).
LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 186.
BEDA Congressman X seeks a writ
UNIVERSITY COLLEGE of mandamus
PROPERTY to compel
OF SAN the respondents
BEDA UNIVERSITY COLLEGE to compute the justOF
PROPERTY share
SANof the UNIVERSIT
BEDA
LGUs on the basis of all national taxes. His petition insists on a literal reading of Section 6, Article X
of the Constitution. He avers that the insertion by Congress of the words internal revenue in the
PERTY OF SAN BEDA phrase
UNIVERSITY COLLEGE
national PROPERTY
taxes found OF SAN
in Section 284 BEDA
of theUNIVERSITY
LGC causedCOLLEGE PROPERTY
the diminution OF SAN
of the baseBEDA
for UNIVERSIT
determining
AW. NOT FOR SALE. DO the just share OF
NOT REPRODUCE. of the
LAW.LGUs,
NOT and
FOR should
SALE. DObeNOT
declared unconstitutional.
REPRODUCE. Is the
OF LAW. exclusion
NOT of DO NOT RE
FOR SALE.
other national taxes from the base amount for the computation of the internal revenue allotment (IRA)
valid? COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
No, the exclusion of other national taxes from the base for determining the just share of the LGUs
contravened the Constitution. The phrase national internal revenue taxes engrafted in Sec. OF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY 284SAN BEDA
of the LGCUNIVERSITY
is CO
NOT FOR SALE. DO more
NOT REPRODUCE.
restrictive than the OF LAW.
term NOT taxes
national FOR SALE.
writtenDO
in NOT
Sec. REPRODUCE. OF LAW. NOT
6, Art. X of the Constitution. FOR Congress
Although SALE. DO NOT REPRO
has the primary discretion to determine and fix the just share of the LGUs in the national taxes (e.g., Sec. 284
of the LGC), PROPERTY
Congress cannot OFthe
disobey SANexpress
mandate of Sec. 6, Art. X ofPROPERTY OF SAN BEDA
the 1987 Constitution UNIVERSITY CO
for the
NOT FOR SALE. DO just
NOTshare
REPRODUCE.
of the LGUs to OF LAW. NOT
be derived fromFOR SALE. DO
the national NOTThe
taxes. REPRODUCE. OF LAW.
phrase as determined NOTinFOR
by law Sec.SALE. DO NOT REPRO
6 follows
and qualifies
TY OF SAN BEDA UNIVERSITY the phrasePROPERTY
COLLEGE just share,OFand
SANcannot
BEDAbe construed COLLEGE
UNIVERSITY as qualifying the succeeding
PROPERTY phrase
OF SAN BEDA in the
UNIVERSITY CO
national taxes. The intent of the people in respect of Sec. 6 is really that the base for reckoning the just share
NOT FOR SALE. DO of
NOTtheREPRODUCE.
LGUs should includeOFall
LAW. NOTtaxes.
national FOR SALE. DO NOT
However, REPRODUCE.
Congress OF LAW.
can validly exclude taxesNOT
thatFOR SALE. DO NOT REPRO
will constitute
the base amount for the computation of the IRA only if a Constitutional provision allows such exclusion
PERTY OF SAN BEDA (Mandanas
UNIVERSITYv.COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
Ochoa, G.R. No. 199802, July 3, 2018, Covered Cases).
187. Realizing that the minority party had gained superiority in numbers, Sangguniang Panlalawigan
member C COLLEGE PROPERTYNo.
proposed Resolution OF 42-2008
SAN BEDA(C UNIVERSITY
Resolution),COLLEGE
which soughtPROPERTY OF SAN
to reorganize BEDA UNIVERSITY CO
the standing
committees of
NOT FOR SALE. DO NOT REPRODUCE. the Sangguniang Panlalawigan. During the session,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. all the Sangguniang Panlalawigan
members were in attendance. The C Resolution was approved with seven (7) voting in its favor, and
six (6) against it. SomePROPERTY OF SAN BEDA
of the members of theUNIVERSITY COLLEGEparty assailed
previous majority PROPERTY OFlegality
the SAN BEDA UNIVERSITY CO
of the
NOT FOR SALE. DO passage
of the C Resolution NOTallFOR
since SALE. DO
fourteen (14)NOT REPRODUCE.
members OF LAW.Panlalawigan
of the Sangguniang NOT FOR SALE. DO NOT REPRO
were
present during the deliberations, nine (9) affirmative votes were necessary. Should the Vice Governor,
TY OF SAN BEDA UNIVERSITY COLLEGEofficerPROPERTY
as the presiding OF SAN BEDA
of the Sangguniang UNIVERSITY COLLEGE
Panlalawigan, be counted inPROPERTY OF SAN BEDA
the determination of whatUNIVERSITY CO
number constitutes
NOT FOR SALE. DO NOT REPRODUCE. as the majority?
No, the Vice Governor should not be counted. The Vice Governor, as the Presiding Officer, shall be
NOT FOR SALE. DO considered
NOT REPRODUCE.
a part of theOFSangguniang
Panlalawigan REPRODUCE.
for purposes OF LAW.
of ascertaining if aNOT FOR exists.
quorum SALE. DO In NOT REPRO
determining the number which constitutes as the majority vote, the Vice Governor is excluded. The Vice
PERTY OF SAN BEDA Governor's
UNIVERSITY COLLEGE
right PROPERTY
to vote is merely OF SAN
contingent BEDA only
and arises UNIVERSITY
when thereCOLLEGE PROPERTY
is a tie to break. OF SAN
In the instant BEDA UNIVERSIT
petition,
whenNOT
theREPRODUCE.
C Resolution was OF LAW. NOT
deliberated FORallSALE.
upon, DO(10)
the ten NOTregular
REPRODUCE.
and three (3)OF LAW. NOT
ex-officio FOR SALE.
members, plus DO NOT RE
PERTY OF SAN BEDA the Presiding COLLEGE
UNIVERSITY Officer, were present. Seven
PROPERTY OFmembers
SAN BEDAvoted for, while six
UNIVERSITY voted against
COLLEGE the C Resolution.
PROPERTY OF SANThere
BEDA UNIVERSIT
was no tie to break as the majority vote had already been obtained (J Tobias Javier v. Cadiao, G.R. No.
AW. NOT FOR SALE. DO NOT August
185369, REPRODUCE.
3, 2016). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
56
LAW. NOT FOR SALE.
188. DO NOT REPRODUCE.
Congresswoman Dina TataloOFsponsored
LAW. NOT FORHouseSALE.
BillDO NOT
No. REPRODUCE.
5432, entitled “An ActOF LAW. NOT FOR
Providing SALE. DO NOT
for the
Apportionment
OPERTY OF SAN BEDA of the Lone District
UNIVERSITY COLLEGE of the
PROPERTY OFCity
SANofBEDA
Pangarap.” The bill
UNIVERSITY eventually became
COLLEGE a law,
PROPERTY OFR.A.
SAN No.BEDA UNIVERS
1234. It mandated that
LAW. NOT FOR SALE. DO NOT REPRODUCE. the lone legislative district of the City of
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.Pangarap would now consist of two
OF LAW. NOT FOR SALE.(2) DO NOT
districts. For the 2016 elections, the voters of the City of Pangarap would be classified as belonging to
eitherUNIVERSITY
PROPERTY OF SAN BEDA the first or COLLEGE
second district, depending
PROPERTY on their
OF SAN BEDAplace of residence.
UNIVERSITY The constituents
COLLEGE PROPERTY ofOFeach
SAN BEDA UNIV
district would elect their own representative to Congress as well as eight (8) members of the
Sangguniang Panglungsod. The COMELEC thereafter promulgated Resolution No. 2170 implementing
R.A. No. 1234. PioloCOLLEGE
Cruz assailsPROPERTY OF SAN
the COMELEC BEDA UNIVERSITY
Resolution COLLEGE According
as unconstitutional. PROPERTY OF R.A.
to him, SAN BEDA UNIV
No. 1234 cannot be implemented OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
without conducting a plebiscite because the OF LAW. NOT FOR SALE. DO N
apportionment under
the law falls within the meaning of creation, division, merger, abolition or substantial alteration of
boundaries COLLEGE
of cities PROPERTY
under Section OF SANX BEDA
10, Article of theUNIVERSITY COLLEGE
1987 Constitution. PROPERTY OF SAN BEDA UNIVERS
a. Is the claim correct? Explain.
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
b. Distinguish apportionment from reapportionment.
a. The claim of Piolo Cruz is not correct. A pronounced distinction between Art. VI, Sec. 5 and Art. X,
Sec. 10 is on thePROPERTY OF of
requirement SAN BEDA UNIVERSITY
a plebiscite. COLLEGEand the
The Constitution PROPERTY OF SAN BEDA
Local Government CodeUNIVERSITY C
expressly requireOF LAW. NOTtoFOR
a plebiscite SALE.
carry out DO
anyNOT REPRODUCE.
creation, OF LAW.
division, merger, NOT
abolition orFOR SALE. of
alteration DO NOT REPR
boundary
RTY OF SAN BEDA UNIVERSITY COLLEGE of a local government unit. In contrast,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGEno plebiscite requirement exists under the
apportionment or reapportionment provision. The case at bar involves the division of the lone
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. does
legislative district of Pangarap into two. As provided for above, the Constitution NOT FOR SALE. DO
not require a NOT REPR
plebiscite for the creation of a new legislative district by a legislative reapportionment (Bagabuyo
v. COMELEC, G.R. No. 176970, December 8, 2008).
b. Legislative
PERTY OF SAN BEDA UNIVERSITY apportionment
COLLEGE is theOF
PROPERTY determination of the number
SAN BEDA UNIVERSITY of representatives
COLLEGE PROPERTY which a State,
county or other subdivision may send to a legislative body. It is the allocation of seats in a legislative
body in proportion to the population; the drawing of voting district lines so as to equalize population
RTY OF SAN BEDA UNIVERSITYand voting powerPROPERTY
COLLEGE among theOFdistricts.
SAN BEDA Reapportionment, on the otherPROPERTY
UNIVERSITY COLLEGE hand, is the
OFrealignment
SAN BEDA orUNIVERSITY C
change in legislative districts brought about by changes in population and mandated by the
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR
constitutional requirement of equality of representation (Bagabuyo v. Commission on Elections,
SALE. DO NOT REPR
supra). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE.
189.DOExplain
the concept of ultra vires NOT FOR municipal
vis-a-vis SALE. DO NOT REPRODUCE.
corporations. OF LAW. NOT FOR SALE. DO NOT REPR
There is a distinction between an act utterly beyond the jurisdiction of a municipal corporation and the
. NOT FOR SALE. DOirregular
exercise of a basic power under the legislative grant in matters not in themselves FOR SALE.
jurisdictional. DO NOT REPR
The
former are ultra vires in the primary sense and void; the latter, ultra vires only in a secondary sense which does
PERTY OF SAN BEDAnot
preclude ratification or the application of the doctrine of estoppel in the interest of equity and essential
AW. NOT FOR SALE.justice.
DO NOT In REPRODUCE.
other words, an actOF LAW.
which is NOT FORofSALE.
outside DO NOT REPRODUCE.
the municipality's OF LAW. NOT
jurisdiction is considered FOR SALE.
as a void ultra DO NOT R
vires act, while an
PERTY OF SAN BEDA UNIVERSITY COLLEGE act attended only by an irregularity but remains
PROPERTY OF SAN BEDA UNIVERSITY COLLEGEwithin the municipality's power is considered
as an ultra vires act subject to ratification and/or validation (Land Bank of the Philippines v. Cacayuran, G.R.
AW. NOT FOR SALE.No.
DO191667,
NOT REPRODUCE.
April 17, 2013).
190. Johnny was employed as a driver by the Municipality of Calumpit, Bulacan. While driving BEDA UNIVERSITY
recklessly a C
. NOT FOR SALE. DOmunicipal
dump truck with NOT
its load of FOR
sandSALE. DOrepair
for the NOT REPRODUCE. OF LAW.
of municipal streets, NOThit
Johnny FOR SALE. DO NOT REPR
a jeepney.
Two passengers of the jeepney were killed. The Sangguniang Bayan passed an ordinance
appropriating PROPERTY
P300,000 as OF SANfor
compensation BEDA
the UNIVERSITY
heirs of the COLLEGE
victims. Is thePROPERTY OFliable
municipality SAN BEDA UNIVERSITY C
for the
negligence of Johnny? OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
No, the municipality is not liable for the negligence of Johnny. The prevailing rule in the law of municipal
. NOT FOR SALE. DOcorporations
is that a municipality is NOT FOR for
not liable SALE.
the DO
tortsNOT REPRODUCE.
committed by its regularOF LAW. NOT
employees FORdischarge
in the SALE. DO NOT REPR
of governmental functions. The municipality is answerable only when it is acting in a proprietary capacity. In
case at bar, Johnny was a regular employee of the Municipality of Calumpit as driver of its dump truck; he
AW. NOT FOR SALE.committed
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF ie.,
a tortious act while discharging a governmental function for the municipality, LAW. NOTrecklessly
driving FOR SALE. DO NOT R
the said truck loaded
PERTY OF SAN BEDA UNIVERSITY COLLEGE with sand for the repair of municipal streets.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGEThe construction or maintenance
PROPERTY OF SAN of public
BEDA UNIVERSI
streets are admittedly governmental activities. At the time of the accident, Johnny was engaged in the
AW. NOT FOR SALE.discharge
of governmental functions (Municipality of San Fernando v. Firme, G.R. No. L-52179, April 8, 1991).
57
PERTY OF SAN191.
BEDAExplain the Doctrine
UNIVERSITY COLLEGE of Implied Municipal
PROPERTY Liability.
OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
NOTdoctrine
REPRODUCE. OF LAW.liability
of implied municipal NOT FOR SALE.that
provides DOaNOT REPRODUCE.
municipality OF LAW.upon
becomes obligated NOTan FOR SALE. DO NOT R
implied
PERTY OF SAN BEDAcontract
to pay the reasonable value or benefits accepted or appropriated by it. If a municipality therefore BEDA UNIVERSI
derives benefits from
AW. NOT FOR SALE. DO NOT REPRODUCE. a contract it entered into, it cannot question
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. its validity to deny answerability under
OF LAW. NOT FOR SALE.the DO NOT R
contracts. The doctrine of implied municipal liability has been said to apply to all cases where money or other
property of a party COLLEGE PROPERTY
is received under OF SAN BEDA
such circumstances thatUNIVERSITY COLLEGE
the general law, PROPERTY
independent of expressOF SAN BEDA UNIVE
contract
implies an obligation upon the municipality to do justice with respect to the same (Province of Cebu v. IAC,
G.R. No. L-72841, January 29, 1987).
PERTY OF SAN192.
BEDAWhat
body or bodies are vested by law with the authority to settle boundary disputes involving:
a. Two or
PERTY OF SAN BEDA UNIVERSITY more barangays
COLLEGE in the OF
PROPERTY same
SANcity or municipality
BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
b. Two or more municipalities within the same province
AW. NOT FOR SALE. DOc.NOTMunicipalities
REPRODUCE. or component
cities of different provinces
d. Two
TY OF SAN BEDA UNIVERSITY or more highly
COLLEGE urbanized
PROPERTY OF SANcities?
BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTThe
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OFboundary
following are the bodies that are vested by law with the authority to settle LAW. NOT FOR SALE. DO NOT REPRO
disputes:
Boundary disputes involving
OF LAW. NOTtwo
FOR(2)SALE.
or more barangays
DO NOT in the sameOF
REPRODUCE. cityLAW.
or municipality shall DO
NOT FOR SALE. be NOT REPRO
referred for settlement to the sangguniang panlungsod or sangguniang bayan concerned.
b. Boundary PROPERTY
disputes involving twoOF
(2)SAN BEDA
or more UNIVERSITYwithin
municipalities COLLEGE
the same PROPERTY OFbe
province shall SAN BEDA UNIVERSIT
referred
for settlement to the sangguniang panlalawigan concerned.
c. Boundary disputes involving municipalities or component cities of different provinces shall be jointly
referred PROPERTY
for settlement OF SAN BEDA
to the sanggunians UNIVERSITY
of the COLLEGE
province concerned. PROPERTY OF SAN BEDA UNIVERSIT
d. Boundary OF LAW.aNOT
disputes involving FOR SALE.
component DOmunicipality
city or NOT REPRODUCE. OFand
on the one hand LAW. NOT FOR
a highly SALE. DO NOT RE
urbanized
city on the other, or two (2) or more highly urbanized cities, shall be jointly referred for settlement to
TY OF SAN BEDA UNIVERSITYthe
COLLEGE PROPERTY OF
respective sanggunians SAN
of the BEDA (LGC,
parties. UNIVERSITY COLLEGE
Sec. 118). PROPERTY OF SAN BEDA UNIVERSITY CO
193. There was a boundary dispute between Dwende, a municipality, and Pasikat, an independent
component city, both of the same province. State how the two local government units should settle
NOT FOR SALE. DO their
NOT REPRODUCE.
boundary dispute.OF LAW.
(2005 NOT FOR SALE. DO NOT REPRODUCE.
Bar) OF LAW. NOT FOR SALE. DO NOT REPRO
Sec. 118 of the LGCPROPERTY
applies to OF SAN BEDA
a situation UNIVERSITY
in which COLLEGE
a component city or a PROPERTY
municipalityOF SANtoBEDA
seeks settleUNIVERSITY
a CO
NOT FOR SALE. DO boundary
dispute with a highly urbanized city, not with an independent component city. While Dwende is a DO NOT REPRO
municipality,
TY OF SAN BEDA UNIVERSITY Pasikat is anPROPERTY
COLLEGE independent
OFcomponent
SAN BEDA city. InasmuchCOLLEGE
UNIVERSITY as Sec. 118 ofPROPERTY
the LGC finds no application
to the instant case, the general rules governing jurisdiction, BP 129, should then be used. Since the LGC is
NOT FOR SALE. DO silent
NOT REPRODUCE.
as to what body OF hasLAW. NOT FOR
exclusive SALE. DO
jurisdiction NOTtheREPRODUCE.
over OF LAW.disputes
settlement of boundary NOT FORbetween
SALE. DO a NOT REPRO
PERTY OF SAN BEDA municipality
UNIVERSITYand an independent
COLLEGE component
PROPERTY city BEDA
OF SAN of the UNIVERSITY
same province, the RTCs have
COLLEGE general OF
PROPERTY jurisdiction
SAN BEDA to UNIVERSIT
adjudicate the said controversy (Mun. of Kananga v. Madrona, G.R. No. 141375, April 30, 2003).
194. What are the causes of permanent vacancy?
3
NOT FOR SALE. DO The
NOTfollowing are the causes
REPRODUCE. of permanent
OF LAW. NOT FORvacancy: (RNOT
SALE. DO FIDS)
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
a. Succession to a Higher vacant office;
b. Failure to qualify to office;
NOT FOR SALE. DO NOTc.REPRODUCE. OF LAW.
Permanent Incapacity NOT FORthe
to discharge SALE. DO NOT
functions REPRODUCE.
of an office; OF LAW. NOT FOR SALE. DO NOT REPRO
d. Death;
TY OF SAN BEDA UNIVERSITY COLLEGEfrom office;
e. Removal PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTf.REPRODUCE. OF LAW.
Voluntary Resignation; andNOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
g. Refusal
TY OF SAN BEDA UNIVERSITY COLLEGEto assume office (LGC,
PROPERTY Sec.BEDA
OF SAN 44). UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
195. Suppose the people
AW. NOT FOR SALE. DO NOT REPRODUCE. of a province want to recall the provincial governor
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. before
OF the
LAW.end of FOR
NOT his three-
SALE. DO NOT RE
year term of office.
a. OnREPRODUCE.
what ground orOF LAW. NOT
grounds FORprovincial
can the SALE. DO NOT REPRODUCE.
governor be recalled? OF LAW. NOT FOR SALE. DO NOT RE
b. How will the recall be initiated?
c. When will thePROPERTY
recall of OF
anSAN BEDA UNIVERSITY
elective local officialCOLLEGE PROPERTY
be considered OF SAN
effective? BEDABar)
(2002 UNIVERSITY CO
a. The Governor can be recalled for loss of confidence (LGC, Sec. 69).
58
b. The recall of any elective provincial, city, municipal, or barangay official can only be commenced by a
petitionCOLLEGE
of a registeredPROPERTY
voter in theOF
LGUSAN BEDA UNIVERSITY
concerned COLLEGE
and supported PROPERTY
by the registered votersOF SANLGU
in the BEDA UNIVERS
concerned during the OF LAW.inNOT
election FOR
which theSALE.
local DO NOTsought
official REPRODUCE.
to be recalledOF
wasLAW. NOTsubject
elected FOR SALE.
to DO NOT
the percentage
OPERTY OF SAN BEDA UNIVERSITY COLLEGErequirements
PROPERTYprovided by the
OF SAN lawUNIVERSITY
BEDA (LGC, Sec. 70, as amendedPROPERTY
COLLEGE by R.A. 9244).
OF SAN BEDA UNIVERS
Note: OF LAW. NOT
R.A. No. 9244 eliminated FOR SALE. recall
the preparatory DO NOT REPRODUCE.
assembly OF LAW.
(PRA) as a mode NOT FOR
of instituting SALE. DO NOT
recall
of elective local
PROPERTY OF SAN BEDA UNIVERSITY government
COLLEGE officials. OF SAN BEDA UNIVERSITY COLLEGE
PROPERTY PROPERTY OF SAN BEDA UNIV
OF LAW. NOT FOR SALE.c.DOThe
NOTrecall
REPRODUCE.
of an elective local official shall take effect upon the election andOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW. NOT FOR
proclamation of a SALE. DO N
successor inCOLLEGE
the person of PROPERTY
the candidateOFreceiving
SAN BEDA theUNIVERSITY COLLEGE
highest number of votes castPROPERTY
during the OF SAN BEDA UNIV
election
on recall (LGC,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Sec. 72). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA
196. UNIVERSITY
Governor COLLEGE
Diy was serving hisPROPERTY
third termOF SANhe
when BEDA
lost UNIVERSITY COLLEGE
his governorship PROPERTY
in a recall election. OF SAN BEDA UNIVERS
a. Who shall succeed Governor Diy in his office as Governor?
OPERTY OF SAN BEDA UNIVERSITY COLLEGEDiy run
b. Can Governor PROPERTY OF SAN BEDA
again as governor in theUNIVERSITY COLLEGE
next election? PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DOc.NOT REPRODUCE.
Can OF LAW.
Governor Diy refuse NOT
to run in FOR SALE. DO
the recall NOT REPRODUCE.
election and instead resignOF LAW.
from hisNOT FOR SALE.
position as DO NOT
governor?
a. The candidate
. NOT FOR SALE. DO NOT REPRODUCE. who received the highest number of votes in
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. the recall will succeed
OF LAW.Governor
NOT FORDiy (LGC,
SALE. DO NOT REPR
Sec. 72).
b. REPRODUCE.
Yes, Governor DiyOF LAW.
can run NOT
againFOR SALE. DOHe
as governor. NOT
didREPRODUCE. OF LAW.
not fully serve his third term, NOT FORhe
because SALE.
lost DO
in NOT REPR
the recall election. His third term should not be included in computing the three-term limit (Lonzanida
PERTY OF SAN BEDA UNIVERSITY COLLEGEG.R. No.
v. COMELEC, PROPERTY
135150, OF
JulySAN
28, BEDA
1999).UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
c. No, Governor
PERTY OF SAN BEDA UNIVERSITY COLLEGE Diy cannot refuse to
PROPERTY OFrun in the
SAN BEDArecall election. He
UNIVERSITY is automatically
COLLEGE considered
PROPERTY as a duly
registered candidate (LGC, Sec. 71). He is not allowed to resign. (LGC, Sec. 73).
197. Section 8, Article X of the 1987 Constitution provides that no elective official shall serve for more than
RTY OF SAN BEDA UNIVERSITY COLLEGE terms.
three (3) consecutive PROPERTY OF SAN
Rule and BEDA
explain UNIVERSITY
briefly COLLEGE
the reason PROPERTY
if the official OF SAN
is prohibited to BEDA UNIVERSITY C
run for
another term in
. NOT FOR SALE. DO NOT REPRODUCE. each of the following situations:
a. If COLLEGE
the Vice-mayorPROPERTY
becomesOFmayor
SAN BEDA UNIVERSITYwhich
by succession COLLEGE
involves PROPERTY OF SAN
a total failure BEDA
of the twoUNIVERSITY C
conditions (See OF
. NOT FOR SALE. DO NOT REPRODUCE. note below)
LAW. NOT toFOR
concur forDO
SALE. theNOT
purpose of applying Sec.
REPRODUCE. 8 of Art.
OF LAW. NOTX. FOR
Suppose
SALE.he
DO NOT REPR
is twice elected after that term, is he qualified to run again in the next election?
b. If the Mayor hasPROPERTY
served forOF SANconsecutive
three BEDA UNIVERSITY COLLEGE
terms and PROPERTY
did not seek OF but
a 4th term SANwon
BEDAin UNIVERSITY
a C
recall election; OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
c. If the position of mayor of a town is abolished due to conversion of a town to a city
d. If the official PROPERTY
is preventively OF SAN BEDA
suspended UNIVERSITY
during COLLEGE
his term but PROPERTY
was exonerated; and OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOe.NOTIf REPRODUCE. OF LAW.asNOT
the official is proclaimed FORand
winner SALE. DO NOToffice
assumes REPRODUCE. OFelection
but loses in an LAW. NOT FOR SALE. DO NOT R
protest.
a. Yes, because he was not elected to the office of the mayor in the first term but simply found himself
AW. NOT FOR SALE. DO NOTthrust
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OFhe
into it by operation of law. Neither had he served the full term because LAW.
onlyNOT FOR SALE.
continued the DO NOT R
service of the mayor. Under Sec. 8, Art. X of the Constitution, voluntary renunciation of the office for
any length of time shall not be considered as an interruption in the continuity of his service for the full
term for which heOFwasLAW. NOT FOR SALE. DO NOT REPRODUCE.
elected. OF LAW. NOT FOR SALE. DO NOT REPR
b. A Mayor who served three consecutive terms and did not seek a fourth term but ran and won in the
recall election can serve because the recall was not an immediate re-election (Socrates v. COMELEC,
RTY OF SAN BEDA UNIVERSITY G.R. No. 154512,PROPERTY
COLLEGE November OF12, SAN
2002).
c. REPRODUCE.
If the municipalityOF
in LAW.
which NOT FOR served
a mayor SALE. DO
for NOT
threeREPRODUCE.
consecutive terms OFwasLAW. NOT FOR
converted to aSALE. DO NOT REPR
city, he
cannot run as cityPROPERTY OFfirst
mayor in the SANelection.
BEDA UNIVERSITY
For purposes COLLEGE PROPERTY
of applying the three-term OFlimit,
SANthe
BEDA UNIVERSITY C
office
of the
. NOT FOR SALE. DO NOT REPRODUCE. municipal mayor should not be considered different
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. from that of the city mayor (Latasa v.
COMELEC, G.R. No. 154829, December 10, 2003).
AW. NOT FOR SALE. DOd.NOTThe temporary inability of an elective official to exercise his functions due to preventive suspension is
not an interruption of his term, it did not involve loss of title to the office (Aldovino v. COMELEC, G.R.
No. 184836, December PROPERTY
23, 2009).OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
e. If a candidate was proclaimed for a third consecutive term but did not serve in full because of loss in
RTY OF SAN BEDA UNIVERSITYanCOLLEGE
election protestPROPERTY OF SANtoBEDA
is not disqualified UNIVERSITY
run again COLLEGE
for the third PROPERTY
term, it cannot OF SANa full
be considered BEDA UNIVERSITY C
term
of office for two reasons,
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.first,
NOThe FORcannot
SALE.be
DOconsidered elected as theOF
NOT REPRODUCE. proclamation
LAW. NOT was
FOR void
SALE.andDO NOT REPR
59
second,
PERTY OF SAN BEDA UNIVERSITY it cannot be considered
COLLEGE PROPERTYas OFvoluntary
SAN BEDArenounce office, COLLEGE
UNIVERSITY but an involuntary severance
PROPERTY OFfrom
SANoffice
BEDA UNIVERSI
(Lonzanida v. COMELEC, G.R. No. 135150, July 28, 1999).
Note: Two conditions must concur for the application of the disqualification of a candidate OF based
SAN BEDA
on UNIVERSI
violation of
AW. NOT FOR SALE. DO NOT REPRODUCE. the three-term limit rule, which are: (1) that the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. official concerned has been elected for
three consecutive terms in the same local government post, and (2) that he has fully served three
consecutive terms. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
AW. NOT FOR198.
SALE.What
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
is Regalian Doctrine and give the exception to the rule. REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
Regalian Doctrine provides that all lands not otherwise clearly appearing to be privately owned are
AW. NOT FOR SALE.presumed
to belong to the State NOTv.FOR
(Cariño SALE.Government,
Insular DO NOT REPRODUCE. OF LAW.23,
G.R. No. 72, February NOT FOR SALE.
1909). It is DO NOT R
enunciated
TY OF SAN BEDA UNIVERSITY under Art. XII,PROPERTY
COLLEGE Sec. 2 of the
OFConstitution, which provides
SAN BEDA UNIVERSITY that all landsPROPERTY
COLLEGE of the public
OFdomain, waters,
minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests, or timber,
NOT FOR SALE. DO wildlife,
NOT REPRODUCE.
flora and fauna, and other natural resources are owned the State. With the exception of agricultural NOT REPRO
lands, all other PROPERTY
natural resources OFnot
shall SANbeBEDA UNIVERSITY
alienated (CONST.COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
Art. XII, Sec. 2).
The rule, however, does not cover any land in the possession of an occupant and of his predecessors-in-
PERTY OF SAN BEDA interest sinceCOLLEGE
UNIVERSITY time immemorial [since June
PROPERTY OF SAN 12,BEDA
1945,UNIVERSITY
or earlier],COLLEGE
for such possession
PROPERTY would justifyBEDA
OF SAN the UNIVERSIT
presumption that the land had never been part of the public domain or that it had been a private property even
before the Spanish conquest (PD 1529, as amended, Sec. 14 (1); Oh Cho v. Director of Land, G.R. No. 48321,
PERTY OF SAN BEDA August
UNIVERSITY COLLEGE
31, 1946). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
199. A bank acquired a large tract of land as the highest bidder in the foreclosure sale of the mortgaged
assets ofCOLLEGE
its borrower. ItPROPERTY OF SAN
appears that BEDA
the land UNIVERSITY
has COLLEGE
been originally PROPERTY
registered under theOF SAN BEDA
Torrens systemUNIVERSITY CO
in 1922 pursuant
NOT FOR SALE. DO NOT REPRODUCE. to the provisions of the Philippine Bill of 1902,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. the organic act of the Philippine Islands
as a colony of the USA. Sec. 21 of the Philippine Bill of 1902 provided that "all valuable mineral deposits
in public lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared OF SANtoBEDA UNIVERSITY CO
be free
NOTopen
REPRODUCE. OFoccupation
to exploration, LAW. NOTandFORpurchase,
SALE. DO NOT
and theREPRODUCE. OF LAW.
land in which they NOT to
are found FOR SALE. DO NOT REPRO
occupation
and purchase, by citizens of the United States, or of said Islands." Sec. 27 of the law declared that a
holder ofCOLLEGE PROPERTY
the mineral claim OF SAN
so located wasBEDA UNIVERSITY
entitled to all theCOLLEGE
minerals thatPROPERTY OF SAN
lie within his BEDA
claim, but UNIVERSITY
he CO
NOT FOR SALE. DO could
NOT REPRODUCE.
not mine outsideOF theLAW. NOT FOR
boundary linesSALE.
of hisDO NOT REPRODUCE.
claim. OF LAW. NOT FOR SALE. DO NOT REPRO
The 1935 Constitution expressly prohibited the alienation of natural resources except agricultural
NOT FOR SALE. DO lands.
Sec. 2, Art. XII of LAW.
1987NOT FOR SALE. DO
Constitution NOT REPRODUCE.
contains OF LAW.
a similar prohibition, and NOT FOR SALE.
proclaims that DO
all NOT REPRO
PERTY OF SAN BEDA lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are
owned by the State. This provision enunciates the Regalian Doctrine. OF LAW. NOT FOR SALE. DO NOT RE
May the Government, on the basis of the Regalian Doctrine enunciated in the constitutional provisions,
deny the bank its right as owner to the mineral resources underneath the surface of its property as
recognized
TY OF SAN BEDA UNIVERSITY under the Philippine
COLLEGE PROPERTYBill OFofSAN
1902?
BEDAExplain your answer.
UNIVERSITY COLLEGE (2017 Bar)
REPRODUCE.
Sec. 2, Art. XII ofOF
theLAW. NOT FOR
Constitution SALE. DO
provides thatNOT REPRODUCE.
all lands OF LAW.
of the public domain, NOT minerals,
waters, FOR SALE.coal,DO NOT REPRO
petroleum,COLLEGE PROPERTY
and other mineral oils, allOF SANof
forces BEDA UNIVERSITY
potential COLLEGE forestsPROPERTY
energy, fisheries, or timber, OF SAN BEDA
wildlife, UNIVERSITY CO
flora and
NOT FOR SALE. DO fauna, and other natural OF
NOT REPRODUCE. resources
LAW. NOTare owned by the
FOR SALE. DOState. With the exception OF
NOT REPRODUCE. of agricultural
LAW. NOT lands, all other
natural resources shall not be alienated. The term “natural resources,” as used herein, includes mineral lands
of the public domain, but PROPERTY
not mineral OF SAN
lands BEDA
which at UNIVERSITY COLLEGEtook effect
the time the provision PROPERTY OF SAN
no longer formedBEDA
partUNIVERSITY
of CO
the public domain.
NOT FOR SALE. DO NOT REPRODUCE. The legal effect of a valid location of a mining
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. claim is not only to segregate the area from
the public domain, but to grant to the locator the beneficial ownership of the claim and the right to a patent
therefor upon compliance with the terms and conditions prescribed by law. By analogy, that the OFland
SANinBEDA UNIVERSITY CO
question
NOT FOR SALE. DO has
NOToriginally
REPRODUCE. OF LAW.
been registered underNOTtheFOR SALE.system
Torrens DO NOT REPRODUCE.
in 1922 pursuant to theOFprovisions
LAW. NOT of FOR SALE. DO NOT REPRO
the Philippine
Bill of 1902 means that the land has already been appropriated and segregated from the lands of public domain
PERTY OF SAN BEDA when
UNIVERSITY
the 1987 COLLEGE PROPERTY
Constitution took effect. OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
This is also supported by the doctrine of vested right, which is a right that has become the property of
PERTY OF SAN BEDA some
particular person or persons as a present interest. The due process clause prohibits the annihilation of
AW. NOT FOR SALE. DO NOTrights
vested REPRODUCE. OF LAW.
(Yinlu Bicol Mining Corp.NOT FOR SALE.Oil
v. Trans-Asia DOand
NOT REPRODUCE.
Development Energy OF LAW.
Corp., NOT
G.R. FOR
No. SALE. DO NOT RE
207942,
January 12, 2015).
60
200. Discuss briefly the validity of the following transactions or conveyances:
LAW. NOT FOR SALE. DOa.NOT REPRODUCE.
A deed OF LAW.
of sale evidencing the NOT
sale FOR
of a SALE.
privateDO NOT
land to REPRODUCE.
a foreigner. OF LAW. NOT FOR SALE. DO NOT
b. A will with a testamentary disposition bequeathing a parcel of land to a foreigner.
PROPERTY OF SAN BEDAc.UNIVERSITY
A contractCOLLEGE PROPERTY
of lease in favor OF SANwith
of a foreigner, BEDA anUNIVERSITY COLLEGE
option to buy PROPERTY
the real property OF SAN BEDA UNIV
on condition
OF LAW. NOT FOR SALE. DOthat
NOTheREPRODUCE. OF LAW.
is granted Philippine NOT FOR SALE. DO NOT REPRODUCE.
citizenship. OF LAW. NOT FOR SALE. DO N
a. The sale is null and void since it purports to convey in favor of a foreigner a private land, contrary to
NOT REPRODUCE.
provisions OF LAW.
of Art. XII, Sec. NOT
7 of the FOR SALE. DO NOT REPRODUCE.
Constitution. OF LAW. NOT FOR SALE. DO N
b. The testamentary disposition is invalid. Art. XII, Sec. 7 of the Constitution, which enables aliens to
acquire OF LAW.
private lands through NOT FORsuccession,
hereditary SALE. DO NOT
doesREPRODUCE. OF LAW.succession
not extend to testamentary NOT FOR SALE.
for DO NOT
otherwise the
OPERTY OF SAN BEDA UNIVERSITY COLLEGE prohibition will be for naught and meaningless
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE(Ramirez v. Ramirez, G.R. No. L-27952,
February 15, 1982).
c. The
RTY OF SAN BEDA UNIVERSITY contract of lease
COLLEGE is valid as
PROPERTY OFthe
SANright
BEDAto buy the real property
UNIVERSITY COLLEGEarises only when theOF
PROPERTY condition
SAN BEDAof the
UNIVERSITY C
grant of Philippine citizenship is met.
201. Pursuant to its mandate to manage the orderly sale, disposition and privatization of the National Power
PERTY OF SAN BEDACorporation's
UNIVERSITY COLLEGE PROPERTY
(NPC) generation OFreal
assets, SANestate
BEDA UNIVERSITY COLLEGE assets,
and other disposable PROPERTY OF SAN
the Power BEDA UNIVERSI
Sector
AW. NOT FOR SALE.Assets
DO NOT REPRODUCE.
and OF LAW.(PSALM)
Liabilities Management NOT FORstarted
SALE. DO
the NOT REPRODUCE.
bidding process for theOF LAW. NOT FOR
privatization SALE. DO NOT R
of Angat
PERTY OF SAN BEDAHydro ElectricCOLLEGE
UNIVERSITY Power Plant (AHEPP).
PROPERTYAfter evaluation
OF SAN of the bids,COLLEGE
BEDA UNIVERSITY K-Pop Energy Corporation,
PROPERTY a South
Korean Company, was the highest bidder. Consequently, a notice of award was issued to K-Pop. The
AW. NOT FOR SALE.Citizens'
Party questioned the sale arguing that it violates the constitutional provisions on the
appropriation
RTY OF SAN BEDA UNIVERSITY and utilization
COLLEGE of a natural
PROPERTY OF SAN resource which should
BEDA UNIVERSITY be limited
COLLEGE to Filipino
PROPERTY OF citizens
SAN BEDA and
UNIVERSITY C
corporations which are at least 60% Filipino-owned. The PSALM countered that only the hydroelectric
. NOT FOR SALE. DOfacility
NOT REPRODUCE.
is being sold and not the Angat Dam; and that the utilization of water by a hydroelectric power NOT REPR
plant doesCOLLEGE
not constitutePROPERTY OF SAN
appropriation BEDAfrom
of water UNIVERSITY COLLEGE
its natural PROPERTY
source of water OF SAN
that enters theBEDA UNIVERSITY C
intake
gate of the power
. NOT FOR SALE. DO NOT REPRODUCE. plant which is an artificial structure. Whose
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. claim is correct? Explain. (2015 Bar)
PSALM COLLEGE PROPERTY
is correct. Since only the OF SANplant
power BEDA UNIVERSITY
is to be sold andCOLLEGE
privatized, thePROPERTY OFthe
operation of SAN BEDA UNIVERSITY C
non-power
components such
. NOT FOR SALE. DO NOT REPRODUCE. as the dam and reservoir, including the maintenance
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of the surrounding watershed,
OF LAW. NOT FOR SALE. should
DO NOT REPR
remain under the jurisdiction and control of NPC which continue to be a government corporation.
In REPRODUCE.
addition, the act ofOF LAW. NOT
harnessing theFOR SALE.
waters DO NOT
diverted or REPRODUCE. OF LAW.
collected in the Angat Dam NOT
for itsFOR SALE. DO NOT REPR
hydropower
generation activities does not amount to utilization of natural resources within the meaning of Sec. 2, Art. XII
PERTY OF SAN BEDAofUNIVERSITY COLLEGE
the Constitution. PROPERTY
Appropriation of water,OFasSAN
usedBEDA
in theUNIVERSITY
Water CodeCOLLEGE PROPERTYof
refers to the “acquisition OFrights
SAN over
BEDA UNIVERSI
the use of waters
AW. NOT FOR SALE. DO NOT REPRODUCE. or the taking or diverting of waters from a natural
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. source in the manner and for any purpose
allowed by law.” Therefore, under the Water Code concept of appropriation, a foreign company may not be
PERTY OF SAN BEDAsaid
to be “appropriating” our natural resources if it utilizes the waters collected in the dam and converts the
AW. NOT FOR SALE.same
into electricity through artificial devices (Initiative for Dialoque and Emprovement OF LAW. NOTAlternative
through FOR SALE. DO NOT R
Legal Services, Inc., et al. v. Power Sector Assets and Liabilities Management Corporation, G.R. No. 192088,
October 9, COLLEGE
2012). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
202. BD Telecommunications, Inc. (BDTI), a Filipino-owned corporation, sold its 1,000 common shares of
stock in COLLEGE PROPERTY
the Philippine OF SAN BEDA UNIVERSITY
Telecommunications COLLEGEa public
Company (PTC), PROPERTY
utility, OF
toSAN BEDA UNIVERSITY C
Australian
Telecommunications
. NOT FOR SALE. DO NOT REPRODUCE. (AT), another stockholder of the PTC
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.which also owns 1,000 common shares.
OF LAW. NOT FOR SALE. DO A NOT REPR
Filipino stockholder of PTC questions the sale on the ground that it will increase the common shares
of AT, a foreign company, to more than 40% of the capital (stock) of PTC in violation of the 40%
. NOT FOR SALE. DOlimitation
NOT REPRODUCE. OF LAW.ofNOT
of foreign ownership FOR SALE.
a public DOATNOT
utility. REPRODUCE.
argues OF LAW.
that the sale does not NOT FORthe
violate SALE. DO NOT REPR
60-40
ownership requirement in favor of Filipino citizens decreed in Section II, Article XII of the Constitution
PERTY OF SAN BEDAbecause
UNIVERSITY COLLEGE
Filipinos PROPERTY
still own 70% of the OF SANof
capital BEDA UNIVERSITY
the PTC. COLLEGE
AT points to the fact PROPERTY
that it ownsOF SAN2,000
only BEDA UNIVERSI
AW. NOT FOR SALE.common
DO NOT voting
REPRODUCE.
shares andOF LAW.
1,000 NOT FOR preferred
non-voting SALE. DO NOT
sharesREPRODUCE. OF LAW. NOTown
while Filipino stockholders FOR1,000
SALE. DO NOT R
PERTY OF SAN BEDAcommon shares
UNIVERSITY and 6,000 preferred
COLLEGE PROPERTY shares,
OF SANtherefore, Filipino stockholders
BEDA UNIVERSITY COLLEGE still own a majority
the UNIVERSI
outstanding capital stock of the corporation, and both classes of shares have a par value of Php 20.00
AW. NOT FOR SALE.per
DOshare.
NOT REPRODUCE.
Decide. (2015 Bar)OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
The sale is unconstitutional for violating Sec. 11, Art. XII of the Constitution. Under the Constitution, no
. NOT FOR SALE. DOfranchise,
NOT REPRODUCE. OF other
certificate, or any LAW. form
NOT ofFOR SALE. DO NOT
authorization REPRODUCE.
for the OF LAW.
operation of a public utilityNOT FOR
shall be SALE.
grantedDO NOT REPR
except to COLLEGE
citizens of the PROPERTY
PhilippinesOF
or SAN BEDA UNIVERSITY
to corporations COLLEGEorganized
or associations PROPERTY
under OFtheSANlawsBEDA UNIVERSITY C
of the
61
PERTY OF SAN BEDAPhilippines
UNIVERSITYat least 60% of whose
COLLEGE capitalOF
PROPERTY is owned by such
SAN BEDA citizens. The
UNIVERSITY term “capital”
COLLEGE in Sec. 11,
PROPERTY OF Art.
SANXII of UNIVERSI
BEDA
the Constitution refers only to shares of stock that can vote in the election of directors, and not to the total
AW. NOT FOR SALE.outstanding
DO NOT REPRODUCE. OF is
capital stock, which LAW. NOT FOR SALE.
the combined total ofDO NOT REPRODUCE.
common OF LAW.
and non-voting preferred NOT FOR
shares SALE. DO NOT R
(Gamboa
PERTY OF SAN BEDAv.UNIVERSITY
Teves, G.R. No. 176579, June 28, 2011). In this case, although Filipino stockholders own a majority ofBEDA
outstanding capital
AW. NOT FOR SALE. DO NOT REPRODUCE. stock, AT in reality owns more than 40% of the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.“capital.” OF LAW. NOT FOR SALE. DO NOT R
PROPERTY OF 203.
SAN BEDA
Sec. UNIVERSITY
11, Art. XIICOLLEGE PROPERTYprovides:
of the Constitution, OF SAN BEDA"No UNIVERSITY COLLEGE or any
franchise, certificate PROPERTY
other OF SANofBEDA UNIVE
form
authorization for the operation of a public utility shall be granted except to citizens of the Philippines
or to corporations or associations organized under the laws of the Philippines at least sixty per centum
of whose capital is owned by such citizens xx x." Does the term “capital” mentioned in the citedOF
section
referDO
OF LAW. NOT FOR SALE. to the
NOTtotal common sharesOF
REPRODUCE. only,
LAW.or NOT
to theFOR
total outstanding
SALE. DO NOT capital stock, or to OF
REPRODUCE. both or “separately
LAW. NOT FOR SALE. DO NO
to each class of shares, whether common, preferred non-voting, preferred voting or any class of
PERTY OF SAN BEDAshares?”
UNIVERSITY COLLEGE
Explain PROPERTY
your answer. OF SAN BEDA UNIVERSITY COLLEGE
(2016 Bar) PROPERTY OF SAN BEDA UNIVERSI
It generally refers to common shares. The intent of the framers of the Constitution to place in the hands of
PERTY OF SAN BEDAFilipino
citizens the control and management of public utilities. Considering that common shares have voting
AW. NOT FOR SALE.rights
DO NOT REPRODUCE.
which OFas
translate to control, LAW. NOT FOR
opposed SALE. DO
to preferred NOTwhich
shares REPRODUCE. OFvoting
usually have no LAW. rights,
NOT FOR SALE. DO NOT R
the term
“capital” in Sec. 11, Art. XII of the Constitution refers only to common shares. However, if the preferred shares
also haveCOLLEGE
the right to votePROPERTY OF SAN
in the election BEDA UNIVERSITY
of directors, then the termCOLLEGE PROPERTY
“capital” shall include suchOF SAN BEDA
preferred UNIVERSITY CO
shares
NOT FOR SALE. DO because
the right to participate NOT
in the FOR SALE.
control DO NOT REPRODUCE.
or management of the corporation OF LAW. NOT
is exercised FOR SALE.
through DO NOT REPRO
the right
to vote in COLLEGE
TY OF SAN BEDA UNIVERSITY the election of directors.
PROPERTY In OF
short,
SANthe termUNIVERSITY
BEDA “capital” in Sec. 11, Art. XII PROPERTY
COLLEGE of the Constitution
OF SANrefers
BEDAonly
UNIVERSITY CO
to shares of stock that can vote in the election of directors. To construe it otherwise will circumvent the intent
NOT FOR SALE. DO of
NOTthe framers of the Constitution, as well as the clear language of the Constitution, to place the control of NOT REPRO
PERTY OF SAN BEDA public utilities in the hands of Filipinos (Gamboa v. Teves, supra).
AW. NOT FOR 204.
SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OFdeclared
A, a Dutch National, and B, a Filipina, were married. After several years, the RTC LAW. NOTtheFOR SALE.
nullity of DO NOT RE
their marriage on the basis of the A’s psychological incapacity as contemplated under Article 36 of the
Family Code. PROPERTY
Consequently, OFa SAN
A filed BEDA
Petition forUNIVERSITY
DissolutionCOLLEGE PROPERTY OFpraying
of Conjugal Partnership, SAN BEDA UNIVERSITY CO
for the
NOT FOR SALE. DO distribution
NOT REPRODUCE. OF LAW.claimed
several properties NOT FOR SALE.been
to have DO NOT REPRODUCE.
acquired OF LAW. NOT
during the subsistence FORmarriage.
of their SALE. DO NOT REPRO
During trial,
TY OF SAN BEDA UNIVERSITY A testifiedPROPERTY
COLLEGE that whileOFtheSAN
lotsBEDA
wereUNIVERSITY
registered COLLEGE
in the name of B, these OF
PROPERTY properties
SAN BEDAwere
UNIVERSITY CO
acquired with the money he received from the Dutch government as his disability benefit. The RTC
NOT FOR SALE. DO dissolved
NOT REPRODUCE. OF LAW. partnership,
the parties’ conjugal NOT FOR SALE. DO NOTallREPRODUCE.
awarding OF to
the parcels of land LAW. NOT
B as herFOR SALE. DO NOT REPRO
paraphernal
properties.
TY OF SAN BEDA UNIVERSITY On appeal, A
COLLEGE insisted that
PROPERTY the money
OF SAN used to purchase
BEDA UNIVERSITY COLLEGEthe foregoing properties
PROPERTY OF SAN came
BEDAfrom
UNIVERSITY CO
his own capital funds and that they were registered in the name of his former wife only because of the
NOT REPRODUCE. prohibition against foreign ownership. Thus, he prayed for reimbursement of 1/2 of the NOT REPRO
value of what PROPERTY
he had paid OF SAN BEDA
in the purchase of theUNIVERSITY COLLEGE
said properties, PROPERTY
waiving the OFinSAN
other half BEDA
favor UNIVERSITY CO
of his
estranged ex-wife.
NOT FOR SALE. DO NOT REPRODUCE. Decide.
A shouldCOLLEGE
PERTY OF SAN BEDA UNIVERSITY not be allowedPROPERTY
reimbursement.
OF SANUnder
BEDASec. 7, Art. XII
UNIVERSITY of the Constitution,
COLLEGE PROPERTYsave
OFinSAN
cases of UNIVERSIT
BEDA
hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or
associations qualified to acquire or hold lands of the public domain. In fine, non-Filipinos cannot acquire or
PERTY OF SAN BEDA hold
UNIVERSITY COLLEGE
title to private lands or toPROPERTY OFpublic
lands of the SAN domain,
BEDA UNIVERSITY
except onlyCOLLEGE
by way of legalPROPERTY OFInSAN
succession. BEDA UNIVERSIT
this case,
A had already
AW. NOT FOR SALE. DO NOT REPRODUCE.made an admission regarding the real source of the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. funds used to purchase the subject parcels
of land. Thus, the courts cannot, even on the grounds of equity, grant reimbursement to A given that he
acquired no PROPERTY
right whatsoever over theOFsubject
SAN BEDA UNIVERSITY
properties COLLEGE
by virtue PROPERTY
of its unconstitutional OF SAN BEDA
purchase. UNIVERSITY CO
It is well-
established that
NOT FOR SALE. DO NOT REPRODUCE. equity as a rule will follow the law and will
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.not permit that to be done indirectly which, because
of public policy, cannot be done directly (Beumer v. Amores, G.R. No. 195670, December 3, 2012).
205. The Congress established by law Philippine Funds, Inc., a private corporation, to receive foreign
donations coming from abroad during national and local calamities and disasters, and to enable the
unhampered and speedy disbursements of the donations through the mere actionOF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY of SAN BEDA UNIVERSITY
its Board of CO
NOT FOR SALE. DO Directors. Thereby, delays
NOT REPRODUCE. in the
OF LAW. release
NOT of theDO
FOR SALE. donated funds occasioned
NOT REPRODUCE. OFby the NOT
LAW. stringent rulesDO
FOR SALE. of NOT REPRO
procurement would be avoided. Also, the releases would not come under the jurisdiction of the
PERTY OF SAN BEDA Commission
UNIVERSITY COLLEGE
on Audit (COA).PROPERTY OFestablishing
Is the law SAN BEDA UNIVERSITY COLLEGE
Philippine Funds, PROPERTY OF(2017
Inc. constitutional? SAN Bar)
BEDA UNIVERSIT
No, the establishment of the Philippine Funds, Inc. violates Sec. 16, Art. XII; Sec. 29 (1) of the Constitution.
PERTY OF SAN BEDA Under
UNIVERSITY
the Constitution, the Congress shall not, except by general law, provide for the formation,OF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN BEDA UNIVERSIT
organization,
or regulation OF LAW.GOCCs
of private corporations. NOT FOR
maySALE. DO NOT
be created REPRODUCE.
or established OF charters
by special LAW. NOT FORinterest
in the SALE. DO NOT RE
of the common good and subject to the test of economic viability. The Constitution emphatically prohibits the
creation ofCOLLEGE PROPERTY
private corporations OF SAN
except by BEDA UNIVERSITY
general COLLEGE
law applicable PROPERTY
to all citizens. TheOF SAN BEDA
purpose UNIVERSITY CO
of this
NOT REPRODUCE. OFtoLAW.
provision is ban NOT FOR
private SALE. DO NOT
corporations REPRODUCE.
created OF LAW.
by special charters, NOT
which FOR SALE.gave
historically DO NOT REPRO
certain individuals,
TY OF SAN BEDA UNIVERSITY COLLEGE families or groups
PROPERTY OFspecial privileges
SAN BEDA denied to
UNIVERSITY other citizensPROPERTY
COLLEGE (Liban v. Gordon, G.R. No.
62
175352, July 15, 2009). In this case, the Congress itself established Philippine Funds, Inc., a private
corporation, COLLEGE
through PROPERTY
a special law. Hence, OF SAN BEDA UNIVERSITY COLLEGE
unconstitutional. PROPERTY OF SAN BEDA UNIVERS
206. Does Commission on Human Rights (CHR) have the power to issue contempt order and impose fine?
OF LAW. NOT FOR SALE.Yes,
DO NOT REPRODUCE.on Human
the Commission OF LAW. NOT(CHR)
Rights FOR SALE.
mayDO NOTcontempt
issue REPRODUCE. OF LAW.
order in the NOTofFOR
exercise its SALE. DO N
investigatorial powers,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE however, it does not have the power to impose
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE fine. The CHR is constitutionally
authorized to "adopt its operational guidelines and rules of procedure, and cite for contempt for violations
OF LAW. NOT FOR SALE. DO
thereof in NOT REPRODUCE.
accordance OFofLAW.
with the Rules NOT
Court." FOR
That SALE.
power DO for
to cite NOT REPRODUCE.
contempt, OF LAW.
however, should NOT FOR SALE. DO N
be understood
to apply only to violations of its adopted operational guidelines and rules of procedure essential to carry out its
investigatorial powers. To exemplify, the power to cite for contempt could be exercised against persons who
refuse REPRODUCE.
to cooperate OF body,
with the said LAW. orNOT FOR
who SALE.
unduly DO NOT
withhold REPRODUCE.
relevant information, orOFwho
LAW. NOT to
decline FOR SALE. DO NOT
honor
summons, and the like, in PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
pursuing its investigative work. The "order to desist" (a PROPERTY OF SAN BEDA
semantic interplay for a UNIVERS
restraining order)
LAW. NOT FOR SALE. DO NOT REPRODUCE.in the instance before us, however, is not investigatorial
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. in character but prescinds from an
adjudicative power that it does not possess (Simon v. CHR, G.R. No. 100150, January 5, 1994).
207. A, B, C, and ten (10) other students in XYZ Colleges, Inc. in Daet, Camarines Norte, were not allowed
PERTY OF SAN BEDAtoUNIVERSITY
re-enroll byCOLLEGE
the school forPROPERTY OF SAN
the academic yearBEDA UNIVERSITY
2019-2020 COLLEGE
for leading PROPERTY
or participating OF SANmass
in student BEDA UNIVERSI
AW. NOT FOR SALE.actions
DO NOTagainst
REPRODUCE. OFthe
the school in LAW. NOT FOR
preceding SALE. DOIsNOT
semester. XYZREPRODUCE.
Colleges, Inc. freeOF
toLAW.
admitNOT FORadmit
or not SALE. DO NOT R
PERTY OF SAN BEDAthe students for
UNIVERSITY re-enrollment
COLLEGE in view of
PROPERTY OFthe academic
SAN freedom enjoyed
BEDA UNIVERSITY by the school
COLLEGE in relation
PROPERTY OF SAN toBEDA
the UNIVERSI
“termination of contract” theory?
No. The
RTY OF SAN BEDA UNIVERSITY "termination of
COLLEGE contract" theory
PROPERTY OF SAN has beenUNIVERSITY
BEDA reassessed.COLLEGE
The “termination of contract”
PROPERTY OFtheory cannot
be the sole basis for their non-admission of the students inasmuch as the contract between the school and the
. NOT FOR SALE. DOstudent
NOT REPRODUCE.
is not an ordinary contract. It is imbued with public interest, considering the high priority given by the NOT REPR
Constitution COLLEGE PROPERTY
to education and OFtoSAN
the grant BEDAofUNIVERSITY
the State supervisoryCOLLEGE
and regulatoryPROPERTY
powers overOFallSAN BEDA UNIVERSITY C
educational
institutions.
. NOT FOR SALE. DO NOT REPRODUCE.While the students may be subjected to disciplinary
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. proceedings in connection with the
OF LAW. NOT FOR SALE. massDO NOT REPR
actions, the penalty must be commensurate to the offense committed and, it must be imposed only after the
requirements
RTY OF SAN BEDA UNIVERSITY of procedural
COLLEGE due process
PROPERTY OF have been complied
SAN BEDA with COLLEGE
UNIVERSITY (Non v. DanesPROPERTY
II, G.R. No.OF
89317, May 20,
1990).
RTY OF SAN BEDA
208.UNIVERSITY COLLEGE
What is the PROPERTY
extent of Academic OF SAN BEDA UNIVERSITY COLLEGE
Freedom? PROPERTY OF SAN BEDA UNIVERSITY C
Academic freedom is the institutional autonomy of universities and institutions of higher learning. An
PERTY OF SAN BEDAeducational
UNIVERSITY COLLEGEhas thePROPERTY
institution OF SAN
power to adopt BEDA
and UNIVERSITY
enforce COLLEGE
such rules PROPERTY
as may be deemed OF SANforBEDA
expedient its UNIVERSI
government, this
AW. NOT FOR SALE. DO NOT REPRODUCE. being incident to the very object of incorporation,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and indispensable to the successful
management of the college. It can decide for itself its aims and objectives and how best to attain them, free
PERTY OF SAN BEDAfrom
UNIVERSITY COLLEGE
outside coercion PROPERTY
or interference OF SAN
except BEDA
when thereUNIVERSITY COLLEGE
is an overriding PROPERTY
public welfare OF SAN
which would callBEDA
for UNIVERSI
AW. NOT FOR SALE.some
DO NOT REPRODUCE.
restraint. OF LAW.
Indeed, "academic NOThas
freedom FOR SALE.
never DOmeant
been NOT REPRODUCE.
to be an unabridged OFlicense.
LAW. NOT
It is aFOR SALE. DO NOT R
privilege
that assumes a correlative duty to exercise it responsibly.
. NOT FOR SALE. DO NOT In REPRODUCE.
Garcia v. The FacultyOF LAW. NOT Committee,
Admission FOR SALE. DO NOTSchool
Loyola REPRODUCE.
of Theology,OF
thisLAW.
CourtNOT FOR SALE.
enumerated DO NOT REPR
"the
four essential
RTY OF SAN BEDA UNIVERSITY freedoms" of
COLLEGE a university:
PROPERTY OF To determine
SAN for itself onCOLLEGE
BEDA UNIVERSITY academic grounds (1) whoOFmay
PROPERTY SANteach,
BEDA(2)
UNIVERSITY C
what may be taught, (3) how it shall be taught, and (4) who may be admitted to study (Cudia vs. Superintendent
. NOT FOR SALE. DOOfNOT
TheREPRODUCE. OF LAW. NOT
Philippine Military Academy (PMA),FOR SALE.
G.R. No.DO NOT REPRODUCE.
211362, February 24, 2015).OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN209.
BEDAAUNIVERSITY COLLEGE
priority thrust PROPERTYis
of the Administration OFthe
SAN BEDA of
change UNIVERSITY
the form ofCOLLEGE PROPERTY
government from OFtoSAN
unitary BEDA UNIVERSI
federal.
AW. NOT FOR SALE.The
DO change can be effected OF
NOT REPRODUCE. only through
LAW. NOT constitutional amendment
FOR SALE. DO NOT or revision.OF LAW. NOT FOR SALE. DO NOT R
REPRODUCE.
PERTY OF SAN BEDAWhat
UNIVERSITY COLLEGEof amending
are the methods PROPERTY theOF SAN BEDA UNIVERSITY
Constitution? COLLEGE
Explain briefly PROPERTY
each method. OF SAN BEDA UNIVERSI
(2017 Bar)
Proposal for amendment or revision may be made by:
a. Congress PROPERTY
as a constituent OF SAN acting
assembly, BEDA UNIVERSITY COLLEGE
upon a vote of three-fourths PROPERTY OF SAN(CONST.,
of all its members BEDA UNIVERSITY C
Art. XVII, Sec. 1).OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
b. Constitutional Convention. It may be called for such purpose by:
63
i. A COLLEGE
PERTY OF SAN BEDA UNIVERSITY 2/3 vote of all the MembersOF
PROPERTY ofSAN
Congress; or
BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
ii. A majority vote of all its Members, Congress may submit to the electorate the question of calling
such a convention OF(CONST.,
LAW. NOT FOR
Art. SALE.
XVII, Sec.DO3). NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
c. People’s Initiative [proposal for amendment only]. Amendments to the Constitution may
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OFbeSAN
directly
BEDA UNIVERSI
proposed by
AW. NOT FOR SALE. DO NOT REPRODUCE. the people upon a petition of at least 12%
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.of the total number of registered voters,
OF LAW. NOT FOR SALE. of DO NOT R
which every legislative district must be represented by at least 3% of the registered voters therein
(CONST.,COLLEGE
Art. XVII, Sec. PROPERTY
2). OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
210. With the passage of time, the members of the House of Representatives increased with the creation of
new legislative districts and the corresponding adjustments in the number of party-list representatives.
At a DO
timeNOT REPRODUCE.
when OF LAW.was
the House membership NOTalready
FOR SALE.
290,DO NOT REPRODUCE.
a great OF LAW.
number of the members NOT FOR
decided thatSALE. DO NO
it was time to propose amendments to the Constitution. The Senators, however, were cold to the idea.
PERTY OF SAN BEDABut
UNIVERSITY COLLEGE
the members PROPERTY
of the House OF SAN
insisted. BEDA
They UNIVERSITY
accordingly COLLEGECongress
convened PROPERTY
into a OF SAN BEDA UNIVERSI
constituent
AW. NOT FOR SALE.assembly in spite of the opposition
DO NOT REPRODUCE. OF LAW.ofNOT
the FOR
majority
SALE.ofDO
theNOT
members of the Senate.
REPRODUCE. OFWhen
LAW.the
NOTvotes
FORwere
SALE. DO NOT R
counted, 275 members of the House of Representatives approved the proposed amendments. Only 10
PERTY OF SAN BEDASenators
supported such proposals. The proponents now claim that the proposals were validly made,
AW. NOT FOR SALE.since
DO NOT REPRODUCE.
more than the requiredOFthree-fourths
LAW. NOT FOR SALE.
vote DO NOT REPRODUCE.
of Congress OFThe
has been obtained. LAW. NOT FOR who
14 Senators SALE. DO NOT R
voted against the proposals claim that the proposals needed not 3/4 vote of the entire Congress but
each house. PROPERTY
Since the required OF SANofBEDA
number votesUNIVERSITY COLLEGE
in the Senate PROPERTY
was not obtained, OFthere
then SAN could
BEDA UNIVERSITY
be CO
NOT FOR SALE. DO no
NOTvalid
REPRODUCE.
proposals, so OF LAW.the
argued NOT FOR SALE.
Senators. DOthe
Were NOTproposals
REPRODUCE. OF LAW.
validly adopted byNOT FOR SALE.
Congress? DO NOT REPRO
(2014
Bar)
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OFof
Under Sec. 1, Art. XVII of the Constitution, any amendment to, or revision LAW. NOT FOR SALE.
the Constitution may DO
be NOT REPRO
PERTY OF SAN BEDA proposed
UNIVERSITYby: (1) the Congress, upon a vote of 3/4 of all its Members; or (2) A constitutional convention.
However, both Houses must vote separately because the power to propose amendments is given not to a
unicameral OF LAW.
body but to a bicameral NOTThe
body. FORmeaning
SALE. DO of NOT REPRODUCE.
a constitutional OFcan
command LAW.
be NOT FOR
drawn SALE.
from the DO NOT RE
known government PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
structure set up by the Constitution. In this case, only 10 PROPERTY OF SAN BEDA UNIVERSIT
Senators supported such
proposals, short of the required 18 affirmative votes. Hence, the proposals were not validly adopted by
Congress.
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
211. Distinguish between Obligations Erga Omnes and Jus Cogens.
Obligations
TY OF SAN BEDA UNIVERSITY COLLEGEerga omnes are results
PROPERTY OF of
SANconcessions and agreements
BEDA UNIVERSITY COLLEGE among PROPERTY
States that certain
OF SANvalues
BEDAare
UNIVERSITY CO
concerns of the international community, such as obligations arising from the outlawry of aggression and
NOT FOR SALE. DO genocide,
as well as from the principles and rules concerning the basic rights of the human person, including
PERTY OF SAN BEDA protection
UNIVERSITY from slavery and racial
COLLEGE discrimination
PROPERTY OF SAN (Belgium v. Spain ICJ
BEDA UNIVERSITY 1 February 5,PROPERTY
COLLEGE 1970). OF SAN BEDA UNIVERSIT
The term ‘jus cogens’ means ‘compelling law’. Jus cogens norms are deemed peremptoryFOR
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT andSALE.
non- DO NOT RE
PERTY OF SAN BEDA derogable.
UNIVERSITY COLLEGE
When PROPERTY OF
applied to international SAN BEDA
crimes, UNIVERSITY
jus cogens COLLEGE
crimes have PROPERTY
been deemed OF SAN to
so fundamental BEDA
the UNIVERSIT
existence of a just
AW. NOT FOR SALE. DO NOT REPRODUCE. international legal order that states cannot derogate
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. from them, even by agreement. These
jus cogens crimes relate to the principle of universal jurisdiction, i.e., “any state may exercise jurisdiction over
an individual who commits PROPERTY OF SANand
certain heinous BEDA UNIVERSITY
widely condemned COLLEGE PROPERTY
offenses, even when noOF SAN
other BEDA UNIVERSITY CO
recognized
basis for jurisdiction
NOT FOR SALE. DO NOT REPRODUCE. exists” (BAYAN MUNA v. Romulo, G.R. No.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. 159618, February 1, 2011).
212. COLLEGE
The Monarchy PROPERTY
of Benedencia andOF SAN BEDA
Republic UNIVERSITY
of Scholta COLLEGE States.
are neighboring PROPERTY OF SAN
Desperate toBEDA UNIVERSITY CO
end the
NOT FOR SALE. DO drug
problem in their region, NOTentered
they FOR SALE.
intoDO NOT REPRODUCE.
a Treaty OFinLAW.
of Joint Operation NOT
order FOR SALE. the
to suppress DO NOT REPRO
drug cartels and operations. Among the provisions of the treaty is the Obosen Clause which permits
both States PROPERTY
to use methods OFelectrocution,
such as SAN BEDA UNIVERSITY COLLEGE
60-day solitary PROPERTY
confinement, OF SAN
starvation, andBEDA UNIVERSITY CO
beating
against their
NOT FOR SALE. DO NOT REPRODUCE.own nationals apprehended by the other State
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.in the latter’s territory, in order to extract
information relating to drug operations; provided, that the individual being interrogated should not die.
The People’s Republic of Mendio, a State from another continent, proceeded to institute legal actions
NOT FOR SALE. DO against
both States contends NOT
that theFOR SALE. Clause
Obosen DO NOTisREPRODUCE.
void and enjoins OF LAW.
both NOTto
parties FOR SALE.
cease DO NOT REPRO
from
implementing the clause. Benedencia argues that Obosen Clause is not void and Scholta argues that
PERTY OF SAN BEDA Mendio
UNIVERSITY COLLEGE
has no PROPERTY
legal capacity OFit SAN
to sue as BEDA
is not UNIVERSITY
a party COLLEGE
to the treaty. PROPERTY OF SAN BEDA UNIVERSIT
a. Is theCOLLEGE
PERTY OF SAN BEDA UNIVERSITY treaty provision void? OF SAN BEDA UNIVERSITY COLLEGE
PROPERTY PROPERTY OF SAN BEDA UNIVERSIT
b. Is Scholta’s argument tenable?
a. Yes,
TY OF SAN BEDA UNIVERSITY the treaty provision
COLLEGE PROPERTY is OF
void.
SANUnderBEDAtheUNIVERSITY
Art. 53 of the Vienna Convention
COLLEGE PROPERTYon the Law BEDA
OF SAN of Treaty
UNIVERSITY CO
(VCLT), a treaty provision is void if it conflicts with jus cogens norms defined as a peremptory norm of
general international law accepted and recognized by the international community of States as a whole NOT REPRO
TY OF SAN BEDA UNIVERSITYfrom
COLLEGE PROPERTYisOFpermitted.
which no derogation SAN BEDAThe UNIVERSITY COLLEGE v. Furundzija
case of Prosecutor PROPERTY OF SAN
(Trial), BEDA UNIVERSITY CO
International
64
Criminal Tribunal for the Former Yugoslavia (1998) declares that torture, defined as any act of
intentionally PROPERTY
inflicting severe pain orOFsuffering
SAN BEDA UNIVERSITY
in order to obtain COLLEGE PROPERTY
from him or third person anOF SAN BEDA UNIVERS
information
or REPRODUCE. OF LAW.
confession. In this case, NOT FOR
it is clear SALE.
the the DO NOT
Obosen REPRODUCE.
Clause OF LAW. NOT
allows parties Benedencia andFOR SALE. DO NOT
Scholta
to torture
OPERTY OF SAN BEDA UNIVERSITY the other party’s
COLLEGE citizensOF
PROPERTY in order to extract
SAN BEDA information
UNIVERSITY from them regarding
COLLEGE PROPERTYtheOF
drug trade.
SAN BEDA UNIVERS
In doing so, they violate a jus cogens norm which renders the Obosen Clause void.
Scholta’s argument
PROPERTY OF SAN BEDAb.UNIVERSITY COLLEGEis not PROPERTY
tenable. In the sameBEDA
OF SAN case UNIVERSITY
of ProsecutorCOLLEGE
v. Furundzija (Trial),
PROPERTY International
OF SAN BEDA UNIV
Criminal Tribunal for the Former Yugoslavia (1998), it was held that prohibition against torture is an
OF LAW. NOT FOR SALE. DOobligation
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
erga omnes, or “owed to all” nations and breach of which constitutes violation of correlative
PROPERTY OF SAN BEDA UNIVERSITY COLLEGEand gives
right of all members PROPERTY OF SAN
rise to claim BEDA UNIVERSITY
for compliance COLLEGE
from each PROPERTY
and every member. OFcase,
In this SAN BEDA UNIV
even though
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Mendio is not a party to the treaty, Benedencia and
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Scholta’s breach of an erga omnes
obligation have Mendio its right to ask for compliance from Benedencia and Scholta.
213. A is on death row for having been convicted of 2 counts of homicide which he committed when he was
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT
16 years old in the State of Nevada. A petition was presented before the Inter-American FOR SALE. DO NOT
Commission
on Human Rights in A’s behalf on the ground that an international jus cogens norm exists which
prohibits the PROPERTY
death penalty OF SAN
for juvenile BEDA UNIVERSITY
offenders. The UnitedCOLLEGE
States’ defensePROPERTY
is that itOF
hadSAN BEDA UNIVERSITY
asserted a C
. NOT FOR SALE. DOpersistent
NOT REPRODUCE. OF asserted
objection to the LAW. NOT FORobligation
legal SALE. DO upNOTtoREPRODUCE. OF LAW.fora.
this point in international NOT IsFOR
theSALE. DO NOT REPR
United
States bound by
RTY OF SAN BEDA UNIVERSITY COLLEGE such norm despite persistent objection?
Yes, the United States is bound. Article 53 of the Vienna Convention on the Law of Treaties provide that
PERTY OF SAN BEDAjus cogens is aCOLLEGE
UNIVERSITY peremptory norm of general
PROPERTY international
OF SAN law accepted
BEDA UNIVERSITY and recognized
COLLEGE by the OF
PROPERTY international
SAN BEDA UNIVERSI
community of States as a whole as a norm from which no derogation is permitted. As a jus cogens norm, the
AW. NOT FOR SALE.prohibition
DO NOT REPRODUCE.
of death penalty forOF LAW. NOT
juvenile FOR binds
offenders SALE. the
DO community
of States, including the NOT FOR
United SALE. DO NOT R
States.
PERTY OF SAN BEDAThe
UNIVERSITY
norm cannotCOLLEGE PROPERTY
be validly derogated OFwhether
from, SAN BEDA UNIVERSITY
by treaty or by theCOLLEGE
objection of a PROPERTY OF SAN
state (Domingues v. BEDA
US, UNIVERSI
Case 12.285, Report
AW. NOT FOR SALE. DO NOT REPRODUCE. No. 62/02, Inter-American CHR, 2002).
214. A dispute between
RTY OF SAN BEDA UNIVERSITY COLLEGE State X and State Y concerning fishing
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE boundaries and oil exploration
PROPERTY OF SAN BEDAwasUNIVERSITY C
submitted before the International Court of Justice (ICJ). The parties allowed the ICJ to render a
. NOT FOR SALE. DOdecision
NOT REPRODUCE.
on the basis of OF LAW.
their NOT
legal FORthe
rights, SALE. DO NOT
political andREPRODUCE.
economic factorsOF LAW. NOT
between FOR
them, SALE.
and DO NOT REPR
other
considerations the Court may deem proper. It favored State X considering the economic status of the
two States and possible damage to the livelihood State X’s local population brought by the intrusion
. NOT FOR SALE. DOofNOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
State Y’s companies, although the latter had not violated any treaty, customary OF LAW. NOT FOR SALE.
international DO NOT REPR
law, or
general principles
RTY OF SAN BEDA UNIVERSITY COLLEGE of law among nations. Was the decision defective?
No, the decision was not defective. Article 38(2) of the Statute of the ICJ allows the Court to decide the
PERTY OF SAN BEDAcase on the basis
UNIVERSITY of ex aequo PROPERTY
COLLEGE et bono if the
OFparties agreeUNIVERSITY
SAN BEDA thereto. Ex aequo et bono, which
COLLEGE meansOF
PROPERTY “from
SANequity
BEDA UNIVERSI
and good conscience” or “according to right and good” allows the Court to render decision on equitable
AW. NOT FOR SALE.considerations.
DO NOT REPRODUCE. OF LAW.the
In this case, because NOTtwoFOR SALE.
States DO NOT
expressly REPRODUCE.
allowed OF LAW.
the Court to decide NOTdispute
on their FOR SALE.
on DO NOT R
PERTY OF SAN BEDAbases
UNIVERSITY COLLEGE
not confined PROPERTY
on any treaty, OF SAN
customary BEDA UNIVERSITY
international COLLEGE
law, or general principles PROPERTY OF SAN
of international law,BEDA
the UNIVERSI
AW. NOT FOR SALE.Court mayREPRODUCE.
DO NOT properly use as basis what itNOT
OF LAW. deemed equitable
FOR SALE. DO or
NOTproper regarding the impact
REPRODUCE. OF LAW.of the
NOTdecision on DO NOT R
FOR SALE.
the local population of State X.
215. In what ways may the Philippines enter into a treaty?
The Philippines
RTY OF SAN BEDA UNIVERSITY may enterPROPERTY
COLLEGE into a treatyOFby:
SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOTa. REPRODUCE.
As to an ordinaryOFtreaty:
LAW.No NOT FOR or
treaty SALE. DO NOT REPRODUCE.
international agreement shall beOFvalid
LAW. NOT
and FOR SALE.
effective DO NOT REPR
unless
RTY OF SAN BEDA UNIVERSITY COLLEGEin by atPROPERTY
concurred least 2/3 ofOF
allSAN BEDA UNIVERSITY
the Members COLLEGE
of the Senate PROPERTY
(CONST., Art. VII, Sec.OF SAN BEDA UNIVERSITY C
21).
. NOT FOR SALE. DO NOTb. REPRODUCE.
As to treaties involving
OF LAW.a Loan
NOTAgreement:
FOR SALE.The
DO President may contract orOF
NOT REPRODUCE. guarantee
LAW. NOT foreign
FOR loans
SALE.on
DO NOT REPR
behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject
to suchCOLLEGE
limitations as PROPERTY OF SAN
may be provided byBEDA UNIVERSITY
law (CONST., COLLEGE
Art. VII, Sec. 20). PROPERTY OF SAN BEDA UNIVERSI
As to treaties involving Military Troops and Facilities: through a treaty duly concurred in by the Senate
and, when the CongressPROPERTY OF SAN
so requires, BEDA
ratified by aUNIVERSITY COLLEGE
majority of the votes cast byPROPERTY
the peopleOF
in aSAN BEDA UNIVERSI
national
referendum held for OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
that purpose, and recognized as a treaty by the other OF LAW. NOT FOR SALE. DO NOT R
contracting State (CONST.,
Art. XVIII, Sec. 25).
65
PERTY OF SAN216.
BEDAInUNIVERSITY
2010, The Philippines
COLLEGE andPROPERTY
the State of
OFArturito
SAN BEDAentered into a treaty
UNIVERSITY wherein both
COLLEGE StatesOF
PROPERTY would
SAN give
BEDA UNIVERSI
reciprocal preferential treatment of each other’s nationals on employment on blue-collar jobs. In 2013,
AW. NOT FOR SALE.however,
DO NOT REPRODUCE. OF LAW.passed
the Philippine Congress NOT FORa SALE. DO NOT
RA 202020 REPRODUCE. the Filipino
strengthening OF LAW.First
NOTPolicy
FOR SALE.
as DO NOT R
PERTY OF SAN BEDAexercise
UNIVERSITY
of police power and consequently abolishing any preferential treatment it granted to foreign UNIVERSI
nationals, including that of State
AW. NOT FOR SALE. DO NOT REPRODUCE. of Arturito.
PROPERTY OF SAN BEDAa.UNIVERSITY COLLEGE
Will the treaty PROPERTY
prevail over OF SAN
RA 202020 BEDA
in the UNIVERSITY COLLEGE
Philippines? PROPERTY OF SAN BEDA UNIVE
b. May the State of Arturito claim against the Philippines?
PROPERTY OF SAN BEDAa.UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OFIchong
In the domestic sphere or in the Philippines, the treaty will not prevail. According to the case of SAN BEDA UNIVE
OF LAW. NOT FOR SALE. DO v.
NOT REPRODUCE.
Hernandez, OF May
G.R. L-7995, LAW.31,
NOT FORthe
1957, SALE. DOis NOT
treaty REPRODUCE.
always OF LAW.
subject to qualification NOT FOR SALE. DO NO
or amendment
by a subsequent law and the same may never curtail or restrict the scope of the police power of the
State.COLLEGE
Thus, RA 202020PROPERTY
may beOF SAN BEDAinUNIVERSITY
implemented COLLEGE
the Philippines PROPERTYthe
and even supersede OFprovisions
SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOTofREPRODUCE.
the treaty. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
b. Yes, the State of Arturito may claim against the Philippines. Under Art. 27 of the Vienna Convention
AW. NOT FOR SALE. DO NOTonREPRODUCE.
the Law of TreatiesOF LAW. States
(VCLT), NOT FOR
maySALE. DO NOT
not invoke the REPRODUCE. OF LAW.
provisions of their internal lawNOT FOR SALE. DO NOT R
as justification
for their failure to perform their obligation under the treaty. Thus, even if RA 202020 may be
TY OF SAN BEDA UNIVERSITYimplemented
COLLEGE under PROPERTY OF SAN
the domestic BEDA
sphere of UNIVERSITY COLLEGE
the Philippines, PROPERTY
doing so would OFbreach
constitute SAN BEDA UNIVERSITY CO
of treaty
NOT FOR SALE. DO NOT REPRODUCE. OFArturito
which the State of LAW. NOT FOR SALE. DO NOT REPRODUCE.
claim. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 217.
BEDA In
UNIVERSITY COLLEGE
2015, a viral PROPERTY
respiratory disease OF SAN
(VRD) was BEDA UNIVERSITY
reported COLLEGE
to have rapidly spread PROPERTY OF SAN
in the SE Asian BEDA UNIVERSIT
Region.
In order to prevent
AW. NOT FOR SALE. DO NOT REPRODUCE. the spread, the World Health Organization issued
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. a Regulation instructing States,
among others, to conduct health surveillance and monitoring, to set-up quarantine facilities in airports,
PERTY OF SAN BEDA and
to procure and distribute XX Drug for cure. The Regulation also warned the States about the
possible transboundary effects of the VRD and instructed the States to quarantineOF LAW. the
NOTindividuals
FOR SALE. DO NOT RE
which show 3 of the 5 symptoms of the disease. Fearing that the purchase XX Drug will cripple its
campaignCOLLEGE PROPERTY
on War on Drugs, OF SAN BEDA
the Philippines UNIVERSITY
complied COLLEGE
with the PROPERTY
Regulation except OF last
for the SANone.
BEDA UNIVERSITY CO
a. What
TY OF SAN BEDA UNIVERSITY is the binding
COLLEGE effect OF
PROPERTY of the
SANRegulation for the Philippines?
BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
b. Would your answer be the same if all the other States in the ASEAN, except the Philippines,
followed every OF LAW. NOT
provision FOR
of the SALE. DO NOT REPRODUCE.
Regulation? OF LAW. NOT FOR SALE. DO NOT REPRO
a. The Regulation is not binding to the Philippines. WHO Resolutions may constitute "soft law" or non-
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
binding norms, principles and practices that influence state behavior. "Soft NOTnot
law" does FOR fallSALE. DO NOT REPRO
into any
TY OF SAN BEDA UNIVERSITYofCOLLEGE
the categoriesPROPERTY OF SAN
of international lawBEDA UNIVERSITY
set forth in ArticleCOLLEGE PROPERTY
38, Chapter III OF SAN
of the 1946 StatuteBEDA UNIVERSITY CO
of the
International
NOT FOR SALE. DO NOT REPRODUCE. Court of Justice. It is, however, an expression
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of non-binding norms, principles, and
practices that influence state behavior. They do not have any binding effect to any State although they
may COLLEGE
PERTY OF SAN BEDA UNIVERSITY influence StatePROPERTY
behavior (Pharmaceutical and Health COLLEGE
OF SAN BEDA UNIVERSITY Care Association v. DuqueOFIIISAN
PROPERTY G.R.BEDA
No. UNIVERSIT
173034, October 9, 2007).
b. Yes, COLLEGE PROPERTY
the answer would OF SAN
be the same. BEDA UNIVERSITY
According to the caseCOLLEGE
of Secretary ofPROPERTY
Justice v. OF SAN (G.R.
Lantion BEDA UNIVERSIT
No. 139465,
AW. NOT FOR SALE. DO NOT REPRODUCE. January 2000), the Philippines, under the doctrine
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. of incorporation, adopts generally
accepted principles of international law as part of the law of the land. This includes both Customary
TY OF SAN BEDA UNIVERSITYInternational
COLLEGE LawPROPERTY
and GeneralOF Principles
SAN BEDAofUNIVERSITY
Law. COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
Here, the Regulation is not a General Principle of Law because it is not a principle recognized by
TY OF SAN BEDA UNIVERSITYcivilized
COLLEGE nationsPROPERTY OF SAN BEDAtoUNIVERSITY
to be so fundamental COLLEGE
the maintenance of justicePROPERTY
that they OF
areSAN BEDA
basic UNIVERSITY CO
tenets
commonly adhered OF LAW. NOT FOR
to in virtually SALE.
every DO legal
major NOT system.
REPRODUCE. OF LAW.
The Regulation NOT
is also notFOR SALE. DO NOT REPRO
a Customary
International Law. As explained in the case of Pharmaceutical and Health Care Association v. Duque
TY OF SAN BEDA UNIVERSITYIIICOLLEGE PROPERTY
this necessarily OF concurrence
requires the SAN BEDA UNIVERSITY COLLEGE
of (1) state practice and (2)PROPERTY OFWhile
opinion juris. SAN BEDA
it may UNIVERSITY
be CO
conceded that SEA OF LAW.
StatesNOT FOR SALE.
did follow DO NOT which
the regulation REPRODUCE.
may amount to OFState
LAW.Practice,
NOT FOR SALE. DO
it cannot be NOT REPRO
TY OF SAN BEDA UNIVERSITYsaid that opinionPROPERTY
COLLEGE juris is present. There
OF SAN is noUNIVERSITY
BEDA indication that the States followed
COLLEGE the Regulation
PROPERTY because
of the psychological belief that they are obligatory. Being a regulation, States normally consider these
NOT FOR SALE. DO NOT REPRODUCE. OF conformity
as guidelines, thus LAW. NOTwith FORthe
SALE.
sameDOisNOT REPRODUCE.
non-obligatory OF LAW. NOT FOR SALE. DO NOT REPRO
and non-binding.
PERTY OF SAN 218.
BEDA A
customary international law has developed between and among several coastal states in Continent
X. Their OF LAW.
territorial waters were to beNOT FORon
based SALE. DO NOT
a 10-mile REPRODUCE.
distance OF LAW.
from the coast. NOT FOR
Straight SALE. DO NOT RE
baselines
PERTY OF SAN BEDA were to be used
UNIVERSITY in determining
COLLEGE the starting
PROPERTY point UNIVERSITY
OF SAN BEDA of the 10-mile rule. However,
COLLEGE State ZOF
PROPERTY has always
SAN BEDA UNIVERSIT
opposed any attempt to apply such rule on its coast. Is State Z nonetheless bound by the 10-mile rule?
No, State
TY OF SAN BEDA UNIVERSITY Z cannot be
COLLEGE bound by OF
PROPERTY theSAN
10-mile
BEDArule. Although asCOLLEGE
UNIVERSITY a rule, customary international
PROPERTY OF SANlawBEDA
that has
UNIVERSITY CO
solidified through constant state practice and opinio juris can bind states in spite of the absence of a treaty or
NOT FOR SALE. DO convention,
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
these cannot bind a state which has always opposed the application of such rule. NOT FOR SALE. DO NOT REPRO
66
Under the Persistent Objector Rule, a custom cannot be applicable to a state which has always opposed
any attempt to beCOLLEGE
subject to thePROPERTY
applicationOF SAN BEDA
of such UNIVERSITY
rule. Once COLLEGE
a customary PROPERTY
rule has come OF SANit BEDA
into existence, will UNIVERS
LAW. NOT FOR SALE. DO to
apply NOT REPRODUCE.
all States, OF LAW. objector.
except any persistent NOT FORHowever,
SALE. DOanNOT REPRODUCE.
objecting State, in orderOF LAW.
to rely on NOT FOR SALE. DO NOT
the persistent
objector
OPERTY OF SAN BEDA rule, must:
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
a. Raise its objection at the formative stage of the rule in question;
LAW. NOT FOR SALE. DOb.NOTBeREPRODUCE. OF LAW.
consistent in maintaining NOT FOR SALE. DO NOT REPRODUCE.
its objection; OF LAW. NOT FOR SALE. DO NOT
PROPERTY OF SAN BEDAc. UNIVERSITY
Inform other States of its objection.
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT FOR SALE.InDO
this case, although a local custom has already developed in the region where StateOF
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW. NOTitFOR
Z belonged, has SALE. DO N
been recorded that COLLEGE
State Z acted PROPERTY OF SAN
as a persistent BEDAThus,
objector. UNIVERSITY
the rule COLLEGE
does not applyPROPERTY
to State Z OF SAN BEDA UNIV
(Anglo-
Norweigan Fisheries
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.Case [UK v. Norway], ICJ 1951).
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA
219. UNIVERSITY
State COLLEGE
X and State PROPERTY
Y entered into a treaty.OF SAN BEDA
Y violated theUNIVERSITY
provisions COLLEGE
of the treaty. XPROPERTY OFanSAN
applied for BEDA UNIVERS
action
against Y and got a favorable result from an international tribunal. However, the treaty they entered
into did not provide for provisions regarding reparation in case of violation of the same. May X
OPERTY OF SAN BEDA UNIVERSITYcollect
nonetheless COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
reparations? PROPERTY OF SAN BEDA UNIVERS
Yes, X may still collect reparations. Art. 36 of the Statute of the ICJ provides that general principles of law
common among PROPERTY
nations is a source OFof SAN BEDA UNIVERSITY
international law. In the COLLEGE
case of Factory PROPERTY
at ChorzowOF SAN BEDA v.
(Germany UNIVERSITY C
Poland), Permanent
. NOT FOR SALE. DO NOT REPRODUCE. Court of International Justice, July 26, 1927,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. it was held that it is a principle of international
law, and even a general conception of law, that any breach of an engagement involves an obligation to make
reparation.COLLEGE PROPERTY
Thus, X may collect OF SAN
reparations BEDA
from Y. UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
AW. NOT FOR220.
SALE.InDO NOT
the REPRODUCE.
Northern OF LAW.
Area of Luzon NOT
existed an FOR SALE.
ethnic DO NOT
group REPRODUCE.
called “Tuligsa” which OF LAW. NOT
occupied FOR
some ofSALE.
the DO NOT R
newly discovered islands in Batanes called Tuligsalon. Recognizing that the Tuligsa was never a part
of the colonial history of the Philippines and that their way of life is different from the rest of the
. NOT FOR SALE. DOcountry,
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.itsNOT
Senator Cande passed a bill protecting the Tuligsalon by acknowledging FOR SALE.
ancestral homeDO NOT REPR
of the Tuligsa
RTY OF SAN BEDA UNIVERSITY and prohibiting
COLLEGE PROPERTYthe OF
rest of BEDA
SAN the country from COLLEGE
UNIVERSITY intruding to the same, except
PROPERTY OF SANforBEDA
when
UNIVERSITY C
permitted by the Tuligsa elders or in the designated military bases. The bill also provides that the
. NOT FOR SALE. DOPhilippines
would consult the Tuligsalon when concluding a treaty which may affect them or their
territory, and
RTY OF SAN BEDA UNIVERSITY that the Tuligsalon
COLLEGE PROPERTY may
OF enter into agreement
SAN BEDA UNIVERSITYwith individuals,PROPERTY
COLLEGE corporations, andBEDA
OF SAN States
UNIVERSITY C
out of respect for their right to self-determination. The bill also provides that the Philippines will defend
NOTTuligsalon and the Tuligsalon will lend the Philippines its warriors or forces should the need arise. NOT REPR
Will the bill, when passed,PROPERTY
be a goodOFlaw?
SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
No, the bill will not be a good law because it will run counter to our present Constitution. According to The
PERTY OF SAN BEDAProvince
UNIVERSITY COLLEGE
of North Cotabato et PROPERTY
al. v. TheOFGovernment
SAN BEDA UNIVERSITY
of the RepublicCOLLEGE PROPERTY
of the Philippines PeaceOF Panel
SAN BEDA
on UNIVERSI
Ancestral Domain
AW. NOT FOR SALE. DO NOT REPRODUCE. (G.R. No. 183591, October 14, 2008), an associative
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. state is not recognized under our
Constitution. An associative relation is one where two states of unequal power voluntarily establish durable
PERTY OF SAN BEDAlinks.
UNIVERSITY COLLEGE
In the basic model, one PROPERTY OF SAN BEDA
state, the associate, UNIVERSITY
delegates COLLEGE
certain responsibilities toPROPERTY OF SAN
the other, the BEDA UNIVERSI
principal,
AW. NOT FOR SALE.while
DO NOT REPRODUCE.
maintaining OF LAW.
its international statusNOT
as aFOR SALE.
state. DO NOTa REPRODUCE.
It is usually OFformer
transitional device for LAW. NOT FORtoSALE.
colonies full DO NOT R
independence.
In this case,
. NOT FOR SALE. DO NOT REPRODUCE. it is clear that the provisions of the bill would
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. put the Philippines in aLAW.
OF position
NOTthat
FORrecognizes
SALE. DO NOT REPR
Tuligsalon as State in an associative capacity. The Constitution does not contemplate any state in this
jurisdiction other than the Philippine State, much less does it provide for a transitory status that aims to prepare
. NOT FOR SALE. DOany
NOT REPRODUCE.
part OF LAW.
of Philippine territory NOT FOR SALE.
for independence. DO the
Thus, NOTbill,
REPRODUCE. OF LAW.
when passed, would NOT FOR SALE.and
be unconstitutional DO NOT REPR
will not be a good law.
221.DOWhat
. NOT FOR SALE. NOT is the “auxiliary status”
REPRODUCE. of international
OF LAW. NOT FOR SALE.organizations?
The term “auxiliary
PERTY OF SAN BEDA UNIVERSITY COLLEGE status” of some international
PROPERTY OF SAN BEDA organizations,
UNIVERSITYsuch as the Red
COLLEGE Cross Society,
PROPERTY OF SANmeans
BEDA UNIVERSI
that it is at one
AW. NOT FOR SALE. DO NOT REPRODUCE.and the same time a private institution and a
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.public service organization
OF LAW. NOT FOR very
because the SALE. DO NOT R
nature of its work implies cooperation with the state. The PNRC, as a National Society of the International Red
PERTY OF SAN BEDACross
UNIVERSITY
and RedCOLLEGE PROPERTY
Crescent Movement, can OF SANbe
neither BEDA UNIVERSITY
“classified COLLEGE
as an instrumentality PROPERTY
of the state,OF
so SAN BEDA
as not to UNIVERSI
lose its character
AW. NOT FOR SALE. DO NOT REPRODUCE. of neutrality” as well as its independence, nor
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. strictly as a OF LAW. NOT FOR SALE.
private corporation since it is DO NOT R
regulated by international humanitarian law and is treated as an auxiliary of the state (Liban v. Gordon, G.R.
No. 175352, PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
Jan. 18, 2011). PROPERTY OF SAN BEDA UNIVERSITY C
67
222. The Philippines and the State of Zedong had been engaged in a dispute in the Western Seas of the
PERTY OF SAN BEDAPhilippines
UNIVERSITYsince
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
2000. Because of the harassment from the State of Zedong, the fishermen ofBEDA
the UNIVERSI
AW. NOT FOR SALE.Philippines
DO NOT REPRODUCE. OF properly
were not able to LAW. NOTexploit
FOR SALE. DO NOT
the area. TheREPRODUCE.
State of ZedongOF LAW.
also NOT FOR
exploited SALE. DO NOT R
exotic
animals and threw wastes in the waters which led to diverse change in the ecosystem of the area. In
it was reported PROPERTY
that because of these,OF SAN
way of BEDA
life of UNIVERSITY COLLEGE
the fisherfolks PROPERTY
in the Philippines OF SAN BEDA UNIVE
has changed
and only few chose to keep onOF LAW. NOT FOR SALE. DO NOT REPRODUCE.
fishing. Some even reported diseases as a resultOF LAW. NOT FOR
of the waste. TheSALE. DO NO
damages calculated amounts to 30 million dollars. In 2010, the State of Zedong and the Philippines
entered into an understanding wherein they ended the dispute after the former agreed to pay the latter
20 million REPRODUCE.
dollars as reparation.OF LAW.
May the NOT FOR SALE.
fisherfolks claimDOagainst
NOT REPRODUCE. OF LAW. injuries
Zedong for their suffered NOT FORasSALE. DO NO
consequence of the acts of the latter under international law?
AW. NOT FOR SALE. DONo,NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
the Philippines is not under any international obligation to espouse petitioners’ OF LAW. NOT
claims. FOR SALE.
According to DO NOT R
PERTY OF SAN BEDAVinuya v. Romulo,
UNIVERSITY COLLEGEG.R. No. 162230,
PROPERTY April
OF28,
SAN 2010,
BEDAState may exercise
UNIVERSITY diplomaticPROPERTY
COLLEGE protection OF
by SAN
whatever
BEDA UNIVERSI
means and to whatever extent it thinks fit, for it is its own right that the State is asserting. Should the natural or
AW. NOT FOR SALE.legal
person on whose behalf it is acting consider that their rights are not adequately protected, they have no
remedy inCOLLEGE
TY OF SAN BEDA UNIVERSITY international law. The State,
PROPERTY therefore,
OF SAN is the sole judge
BEDA UNIVERSITY to decide PROPERTY
COLLEGE whether its OF
protection
SAN BEDAwill UNIVERSITY
be CO
granted, to what extent it is granted, and when will it cease. Considering that the Philippines has already
NOT FOR SALE. DO determined
that the 20 million dollars is adequate reparation, the fisherfolks may not claim against the State of NOT REPRO
Zedong, ifCOLLEGE
not through thePROPERTY
State. OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
223. Ipman was COLLEGE PROPERTY
a Military Officer OF SAN
of the BEDA
State UNIVERSITY
of Abaddon andCOLLEGE PROPERTY
was involved OF SAN BEDAand
in the persecution, UNIVERSITY CO
NOT FOR SALE. DO execution
NOT REPRODUCE. OF LAW. and
through enslavement NOTgenocide
FOR SALE.ofDO
theNOT REPRODUCE.
civilian OF adhere
populations who LAW. NOT FOR
to the SALE. DO
Religion of NOT REPRO
Clinkz in COLLEGE
TY OF SAN BEDA UNIVERSITY the State of Leviathan.
PROPERTY When
OF SANthe armed
BEDA conflict between
UNIVERSITY COLLEGEAbaddon and Leviathan
PROPERTY ceased,
concerned citizens from the State of Kardel, also an adherent to the Religion of Clinkz, decided to file
NOT FOR SALE. DO aNOT REPRODUCE.
complaint before theOF LAW. Courts
Kardel NOT FOR SALE. DO
against NOT Officers
Military REPRODUCE. OF LAW.
of the State NOT FORespecially
of Abaddon, SALE. DO NOT REPRO
considering that they have relatives who were victimized by the violent regime. The State of Kardel
gathered intelligence that Ipman was in the State of Lanaya. Thereafter, the agents of Kardel went to
NOT FOR SALE. DO Lanaya,
and brought Ipman to Kardel jurisdiction by force. The Kardel Court OFfound
LAW. Ipman
NOT FOR SALE.
guilty DO NOT REPRO
of the
crimes he committed. PROPERTY OF SAN BEDA
Ipman questions UNIVERSITYand
the jurisdiction COLLEGE
measuresPROPERTY
taken by OF SAN BEDA
Kardel. LanayaUNIVERSITY CO
complains that its territorial integrity was violated. Kardel maintains its acts were consistent under
international law given the nature of the crime committed by Ipman. Does Kardel have jurisdiction over
PERTY OF SAN BEDA Ipman?
Yes, REPRODUCE. OF LAW.
Kardel has jurisdiction. UnderNOT FOR SALE.
the Principle of DO NOT REPRODUCE.
Universal jurisdiction, StatesOF
mayLAW. NOT
claim FOR SALE. DO NOT RE
extraterritorial
PERTY OF SAN BEDA jurisdiction
UNIVERSITY COLLEGE
over PROPERTY
all crimes regardless OF SAN
of where BEDA
they are UNIVERSITY
committed orCOLLEGE
who committedPROPERTY OF SAN
them, whether BEDA UNIVERSIT
nationals
or non-nationals.
AW. NOT FOR SALE. DO NOT REPRODUCE. It is recognized with respect to crimes which threaten
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. the international community as a whole
and which are considered criminal offenses in all countries i.e. terrorism, genocide, piracy, slavery, and
hijacking COLLEGE
(Nottebohm CasePROPERTY
(secondOF SAN BEDA
phase), UNIVERSITY
Judgment COLLEGE
of April 6, PROPERTY
1955: ICJ Reports 1955,OFp.SAN BEDA the
4). Thus, UNIVERSITY CO
Kardel Court
NOT FOR SALE. DO NOT REPRODUCE.may validly exercise jurisdiction over the person
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and crimes committed by Ipman, even if the
same was not committed in its territory, against its nationals, or by its nationals.
224. What are the exemptions from a state jurisdiction?
The following PROPERTY
are the exemptions OFaSAN
from stateBEDA UNIVERSITY COLLEGE
jurisdiction: PROPERTY OF SAN BEDA UNIVERSITY CO
Act of State Doctrine. Every sovereign state is bound to respect the independence of every other
sovereign state, and the courts of one country will not sit in judgment on the acts of the government
of another,
PERTY OF SAN BEDA UNIVERSITY COLLEGE done within its ownOF
PROPERTY territory.
SAN BEDA Redress of grievances
UNIVERSITY COLLEGEby reason of such OF
PROPERTY actsSAN
must
BEDAbe UNIVERSIT
obtained through the means open to be availed of by sovereign powers as between themselves
AW. NOT FOR SALE. DO NOT(PCGG
vs. SANDIGANBAYAN and FOR SALE. DO
OFFICECO NOT REPRODUCE.
HOLDINGS, OF August
G.R. No. 124772, LAW. NOT FOR SALE.
14, 2007 citing DO NOT RE
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY
Underhill v. Hernandez, 168 U.S. 250, 252 [1897]). COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
b. Doctrine of
AW. NOT FOR SALE. DO NOT REPRODUCE. State Immunity. (PCGG vs. SANDIGANBAYAN
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. and OFFICECO HOLDINGS, supra).
c. Immunity of the United Nations, its Organs, Specialized Agencies, Other International
TY OF SAN BEDA UNIVERSITYOrganizations,
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
and its Officers. PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTd.REPRODUCE.
Diplomatic Immunity.
OF LAW.Different
NOT FORprovisions
SALE. DOof the
NOT1961 Vienna Convention
REPRODUCE. on Diplomatic
OF LAW. NOT FORRelations.
SALE. DO NOT REPRO
68
e. Foreign merchant vessels exercising the right of innocent passage or arrival under stress. (Art.
17 and COLLEGE PROPERTY
18, United Nations OF SAN
Convention BEDA
on the lawUNIVERSITY COLLEGE UNCLOS]
of the Sea) [hereinafter: PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DOf. NOT REPRODUCE.
Foreign OF LAW.
armies passing NOTorFOR
through SALE. DO
stationed NOTterritory
in the REPRODUCE. OF LAW. NOT
with the permission FOR
of the SALE. DO NOT
State
(Art. 32,COLLEGE
OPERTY OF SAN BEDA UNIVERSITY Id). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
g. Warships and other public vessels of another State operated for noncommercial purposes.
(Art. 92, Id) OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
PROPERTY OF225.
SAN BEDA
What UNIVERSITY
are the threeCOLLEGE
methods of PROPERTY OF SAN BEDA
granting privileges UNIVERSITYtoCOLLEGE
and immunities PROPERTY
the personnel OF SAN BEDA UNIV
of international
organizations? OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA UNIVERSITY COLLEGEof granting
The three methods PROPERTY OF SAN
privileges and BEDA UNIVERSITY
immunities COLLEGEof international
to the personnel PROPERTYorganizations
OF SAN BEDA UNIVERS
are the following:
a. By simple conventional stipulation, as was the case in the Hague Conventions of 1899 and 1907.
b. By internal legislation whereby the government of a state recognizes the international character of the
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
organization and grants, by unilateral measures, certain privileges and immunities NOT
to better FOR SALE.
assure the DO NOT
successful functioning of the organization and its personnel.
c. ByCOLLEGE
combination ofPROPERTY OF SAN
the first two, BEDA
wherein, UNIVERSITY
one COLLEGE obligation
finds a conventional PROPERTY OF SANaBEDA
to recognize UNIVERSITY C
certain
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.organization
status of an international NOT FOR SALE. and DO NOT REPRODUCE.
its personnel, but the statusOF
is LAW. NOT in
described FOR SALE.
broad DO NOT REPR
and
general
RTY OF SAN BEDA UNIVERSITY COLLEGEterms. The specific definition and application
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of those general terms are determined by an
agreement between the organization itself and the state wherein it is located (Jeffrey Liang v. People
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
of the Philippines, G.R. No. 125865, March 26, 2001). REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN226.
BEDAAUNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OFbusiness
regional economic treaty in the Region of Wakanda is entered into in order to facilitate the SAN BEDA UNIVERSI
DO commercial
NOT REPRODUCE. OFwithin
transactions LAW.member-States.
NOT FOR SALE. DO NOT the
Among REPRODUCE. OFtreaty
provisions in the LAW. isNOT
theFOR SALE. DO NOT R
equality
of treatment between foreigners and nationals of the member-States.
. NOT FOR SALE. DO NOT If the developingOF
a. REPRODUCE. State
LAW.of Ybambe
NOT FORhas in its
SALE. DOconstitution a “Ybambe- OF
NOT REPRODUCE. First Policy”
LAW. NOTwhich retains
preference
RTY OF SAN BEDA UNIVERSITY COLLEGE on Ybambe nationals for the sake of economic
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE development, may it be exempted
from the provision of the Treaty?
b. REPRODUCE.
Would your answerOF LAW.
be theNOT FORifSALE.
same DO NOT REPRODUCE.
the Constitution of Ybambe onlyOFallows
LAW. its
NOTPresident
FOR SALE.
andDO NOT REPR
RTY OF SAN BEDA UNIVERSITYForeign
COLLEGE Affairs Secretary
PROPERTYtoOFenter
SANinto
BEDA a treaty, and yet
UNIVERSITY the consentPROPERTY
COLLEGE to the regional
OF SAN economic
BEDA UNIVERSITY C
treaty was given by a State legislator?
a. No,COLLEGE
Ybambe mayPROPERTY OF SANUnder
not be exempted. BEDAArt.UNIVERSITY COLLEGE
27 of the VCLT, PROPERTY
a State may OFthe
not invoke SAN BEDA UNIVERSITY C
provisions
of its internal lawOF
. NOT FOR SALE. DO NOT REPRODUCE. to LAW.
invalidate
NOTan obligation
FOR SALE. DO under
NOTthe treaty. A country’s
REPRODUCE. OF Constitution
LAW. NOT FOR is part of its
SALE. DO NOT REPR
internal law. Thus, Ybambe may not invoke the provision of its Constitution to renege on its obligation
in the COLLEGE
PERTY OF SAN BEDA UNIVERSITY regional economic treaty. OF SAN BEDA UNIVERSITY COLLEGE
PROPERTY PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOb.NOTNo,
the answer would not be similar. Art. 46 of the VCLT provides that while internal laws could not
be invoked PROPERTY
to invalidate a State’sOF SAN BEDA
consent UNIVERSITY
to a treaty, COLLEGE
an exception is when PROPERTY OF SAN BEDA
violation is manifest and UNIVERSI
AW. NOT FOR SALE. DO NOTconcerned
REPRODUCE.a law oneOFof fundamental
LAW. NOT FOR importance.
SALE. DOInNOTthis REPRODUCE.
case, because the OF
State
LAW.legislator
NOT FOR wasSALE.
not DO NOT R
given any authority to conclude a treaty, and the same concerns the Constitution of Ybambe, it may
invalidate PROPERTY
the treaty’s bindingOF SANtoBEDA
effect it. UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
227. Recognizing the presence of drug-resistant bacteria, a multi-lateral treaty known as the “Keyleaf
Treaty” was entered into by different States for the study and production of other means OFand
SANmethods
BEDA UNIVERSITY C
. NOT FOR SALE. DOtoNOT REPRODUCE.
combat the same. TheOF LAW. NOTsigned
Philippines FOR SALE. DO NOT
the treaty REPRODUCE.
in 2013 OF LAW.
and an equivalent NOT FOR
legislation, RA SALE. DO NOT REPR
212121,
was passed by Congress in 2014 which essentially declares as state policy the streamlining of
administrative processesPROPERTY
involvedOFin SAN
the BEDA
study.UNIVERSITY COLLEGE
In 2015, the PROPERTY
Foreign Affairs OF SAN
Secretary BEDAthe
signed UNIVERSITY C
Keyleaf Protocol which OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
provides for easy entry of foreign scientists, OF LAW. NOT FOR SALE. DO NOT REPR
efficient intellectual property
registration,
RTY OF SAN BEDA UNIVERSITY and effective
COLLEGE inter-state
PROPERTY OFcollaboration between researchers.
SAN BEDA UNIVERSITY COLLEGE Senator
PROPERTYTadang claims
OF SAN BEDAthe
UNIVERSITY C
same needs concurrence of Senate. Is he correct?
No, Senator Tadang is not correct. The concurrence of Senate is only required for Treaties (Art. VII, Sec.
PERTY OF SAN BEDA21,
1987 Constitution), not for Executive Agreements. In the case of Commissioner of Customs v. Eastern Sea
AW. NOT FOR SALE.Trading
DO NOT(L-14279,
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
October 31, 1961), a treaty is different from an executive agreement NOTthe
in that FOR SALE. DO NOT R
former
involves political
PERTY OF SAN BEDA UNIVERSITY COLLEGEissues, changes in national policy, and permanent international
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE arrangements, while the latter
refers to adjustments of detail carrying out well-established national policies, and those involving temporary
AW. NOT FOR SALE.arrangements.
Treaties are formal documents which require ratification with the approval of 2/3 of the Senate.
Executive agreements
RTY OF SAN BEDA UNIVERSITY COLLEGE become binding
PROPERTY OFthrough executive
SAN BEDA action without
UNIVERSITY COLLEGE the need of a vote by
PROPERTY OFthe
SANSenate
BEDA or
UNIVERSITY C
by Congress.
69
In this case,
PERTY OF SAN BEDA UNIVERSITY the provisions
COLLEGE of the protocol
PROPERTY OF SANwere adopted
BEDA in order COLLEGE
UNIVERSITY to carry-out thePROPERTY
national policy
OF SANadopted
BEDA UNIVERSI
in RA 212121 and the Keyleaf Treaty. Thus, there is no need for the Senate Concurrence in this case.
228. The State of Rama and the Principality of Yana entered are in armed conflict. In the same vein, the State
of Mahab and the Kingdom of Harata are also under an armed conflict. The State of Rama and the
Kingdom REPRODUCE.
of Harata entered intoOF
anLAW. NOT FOR
agreement to SALE. DO NOT
keep sure thatREPRODUCE. OF LAW.
neither would provide NOT
in the FORofSALE. DO NO
form
financial
PROPERTY OF SAN BEDA aid, military
UNIVERSITY training or
COLLEGE equipment
PROPERTY to the
OF SAN Principality
BEDA UNIVERSITYof Yana or the State
COLLEGE of Mahab.
PROPERTY TheBEDA UNIVE
OF SAN
Governor of Sung, a province in the State of Rama, donated funds from local taxes to the Principality
of Yana to ensure its victory as he is a sympathizer. The Governor of Sung has also been given limited
PERTY OF SAN BEDAemergency
UNIVERSITYpowers to control
COLLEGE the funds
PROPERTY OFofSAN
his local
BEDAgovernment. Before the armed
UNIVERSITY COLLEGE conflictOF
PROPERTY ended, the UNIVERSI
SAN BEDA
State of Rama denied responsibility from the acts of the governor. After the armed conflict, the
AW. NOT FOR SALE.Principality
of Yana, it manifested NOT
that FORrepay
it will SALE.theDOfunds
NOT from
REPRODUCE.
the governor OF LAW. to
of Sung NOTtheFOR SALE.
State of DO NOT R
PERTY OF SAN BEDARama
UNIVERSITY COLLEGE
in 10 years PROPERTY
with 2% per OF SAN BEDA
annum interest if the UNIVERSITY COLLEGE
latter recognizes the act ofPROPERTY OF SAN
the governor and BEDA
will UNIVERSI
continue to fund
AW. NOT FOR SALE. DO NOT REPRODUCE.the Principality for 5 more years. The State
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.of Rama agreed. OF LAW. NOT FOR SALE. DO NOT R
a. What PROPERTY
is the implication of OF
theSAN BEDAfrom
donation UNIVERSITY COLLEGE
the governor of Sung?PROPERTY OF SAN BEDA UNIVERSITY CO
b. Assuming
NOT FOR SALE. DO NOT REPRODUCE. the governor
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. what
did not have the emergency powers, OF is the NOT
LAW. implication of the
State of Rama’s acceptance of the deal?
NOT FOR SALE. DO NOTa.REPRODUCE. OF the
The donations from LAW. NOT FOR
Governor SALE.isDO
of Sung NOT REPRODUCE.
attributable OF LAW.
to the State of Rama NOT FORconstitutes
and therefore SALE. DO NOT REPRO
an International Wrongful Act. Art. 2 of The Draft Articles on Responsibility of States for Internationally
Wrongful PROPERTY
Acts (ARSIWA) OF that
provides SANthe
BEDA UNIVERSITY
element COLLEGE wrongful
of an internationally PROPERTY OF (1)
act are: SANtheBEDA
act UNIVERSIT
is attributable
AW. NOT FOR SALE. DO NOT REPRODUCE. to the State, and (2) the act constitutes a
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.breach of an international obligation of the
State.
AW. NOT FOR SALE. DO NOTInREPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
this case, a treaty has been entered into between the State of Rama and OFthe
LAW. NOT FOR
Kingdom SALE. DO NOT RE
of Harata
which directly prohibits the funding of the Principality of Yana. Thus, the second element is satisfied.
TY OF SAN BEDA UNIVERSITYAtCOLLEGE
the same time,PROPERTY OF SAN BEDA
Art. 5 of ARSIWA UNIVERSITY
provides that acts COLLEGE PROPERTY by
of individuals empowered OF the
SANlawBEDA UNIVERSITY CO
of that
State to exerciseOF LAW. NOT
elements FOR
of the SALE. DO NOT
governmental REPRODUCE.
authority OF LAW.
shall be considered NOT
an act FOR
of the SALE.
State DO NOT REPRO
under
TY OF SAN BEDA UNIVERSITYinternational
COLLEGE law,PROPERTY
provided the
OF person or entity
SAN BEDA is acting COLLEGE
UNIVERSITY in that capacityPROPERTY
in the particular
OF SAN instance. In
BEDA UNIVERSITY CO
this case, the governor was given limited powers to channel the fund. Whether he exceeded his
authority or not,OF
theLAW. NOT
act is FOR SALE.
attributable to DO
theNOTStateREPRODUCE.
and thus the firstOF LAW. NOT
element FORpresent.
is also SALE. DO
In NOT REPRO
TY OF SAN BEDA UNIVERSITYconclusion,
COLLEGE the act of the governor
PROPERTY OF SANconstitutes an internationally
BEDA UNIVERSITY COLLEGEwrongful act attributable
PROPERTY OF SANto BEDA
the State
UNIVERSITY CO
of Rama.
b. The PROPERTY
implication is that the actOF SANstill
would BEDA UNIVERSITY
constitute COLLEGE wrongful
an internationally PROPERTY OF SAN
act. Bearing BEDAthat
in mind UNIVERSITY CO
the second
NOT FOR SALE. DO NOT REPRODUCE. element is still present, the basis of attribution
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. now becomes Art.11 of ARSIWA which
provides that the act will be considered an act of that State under if and to the extent that the State
acknowledges
PERTY OF SAN BEDA UNIVERSITY COLLEGE and adopts
PROPERTYthe conduct
OF SAN in question
BEDA as its own.
UNIVERSITY Considering
COLLEGE that the State
PROPERTY OF SANof Rama
BEDA UNIVERSIT
agreed to acknowledge and to continue the funding to the Principality of Yana, an internationally
AW. NOT FOR SALE. DO NOTwrongful
REPRODUCE. OF
act still exists.
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
229. Bimbi-Gumbo is seeking refuge in the Philippines. According to him, his home State of the Democratic
NOT FOR SALE. DO Republic
of Congo is persecuting himFOR
forSALE. DO reasons
political NOT REPRODUCE. OF LAW.
which forced him NOTfrom
to move FORone
SALE. DO NOT REPRO
State
to another, PROPERTY
hiding and seeking OF SAN
refuge. The BEDA UNIVERSITY
Philippines COLLEGE
granted PROPERTY
his application, OFprocess
but in the SAN BEDA UNIVERSITY CO
found
NOT FOR SALE. DO out
NOTthat Bimbi-Gumbo has
REPRODUCE. a criminal
OF LAW. caseSALE.
NOT FOR beforeDOthe ICC.REPRODUCE.
NOT He was a militaryOF
commander
LAW. NOTwho FORaided
SALE. Mr.
DO NOT REPRO
Patasse of the Central African Republic on a counter-offensive against the coup of Mr. Bozize, and in
the process
TY OF SAN BEDA UNIVERSITY committedPROPERTY
COLLEGE various warOFcrimes.
SAN BEDALater, Bimbi-Gumbo
UNIVERSITY was foundPROPERTY
COLLEGE guilty of said war BEDA
OF SAN crimes.
UNIVERSITY CO
a. Can Bimba-Gumbo enjoy any rights of a refugee under the 1951 Refugee Convention and
TY OF SAN BEDA UNIVERSITYrelated
COLLEGE PROPERTY OF SAN BEDA
internal laws of the Philippines? UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
May Bimba-Gumbo enjoy
OF LAW. anyFOR
NOT rights as regards
SALE. DO NOThis application for OF
REPRODUCE. refugee
LAW.status?
NOT FOR SALE. DO NOT REPRO
PERTY OF SAN BEDA UNIVERSITY COLLEGEmay not
a. Bimbi-Gumbo PROPERTY
enjoy anyOF SANofBEDA
rights UNIVERSITY
the refugee under COLLEGE PROPERTY
the 1951 Refugee OF SAN
Convention, andBEDA
DOJ UNIVERSIT
Circ. No.
AW. NOT FOR SALE. DO NOT REPRODUCE.058-12, the implementing law in the Philippines.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Both laws exempt from their coverage
individuals who committed crime against peace, a war crime, or a crime against humanity (DOJ Circ.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OFtoSAN
No. 058-12, Sec. 19; 1951 Refugee Convention, Art.1, Sec. D), if there are serious reasons BEDA UNIVERSIT
consider
AW. NOT FOR SALE. DO NOTthe
REPRODUCE.
same. Because OF LAW. NOT FOR
Bimba-Gumbo was SALE.
found DO NOT
guilty REPRODUCE.
of the OF LAW.
ICC of war crimes, NOT
he may notFOR SALE.
enjoy the DO NOT RE
rights guaranteed by the convention.
Yes, Bimba-Gumbo OF LAW. NOT FOR
may enjoy SALE. DOrights
the following NOTduring
REPRODUCE. OFprocess
the application LAW. NOT FOR SALE.
for refugee DO NOT REPRO
status:
(1) the
TY OF SAN BEDA UNIVERSITY COLLEGEright to legal counsel; (2) entitlement to services
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of an interpreter, if necessary, at all stages of
70
the refugee status determination and for the purposes of the preparation of the written application and
for the COLLEGE PROPERTY
interview; (3) access to theOF SAN BEDA
UNHCR (DOJ UNIVERSITY COLLEGE
Circ. No. 058-12, Sec. 10). PROPERTY OF SAN BEDA UNIVERS
230. Magno was accused of the crime of “accepting an advantage as an agent” in Hong Kong: a crime that
refersUNIVERSITY COLLEGEbribery,
to private-sector PROPERTY
committedOF SAN
by aBEDA UNIVERSITY
private COLLEGE
individual who bribesPROPERTY
another OF SAN BEDA UNIV
private
individual. REPRODUCE.
Since OF LAW.
Magno is currently NOT
in the FOR SALE.the
Philippines, DOGovernment
of Hong Kong NOT FOR
requested the SALE. DO N
extradition of Magno to Hong Kong by invoking the Agreement of the Republic of the Philippines and
the Government of Hong Kong for the Surrender of Accused and Convicted Persons. Said treaty
recognizes theREPRODUCE. OFrule.
double criminality LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
a. Is the Philippines obligated to grant the extradition request?
LAW. NOT FOR SALE. DOb.NOT REPRODUCE.
Will your answer beOF LAW.
the sameNOT FOR SALE.
assuming DO NOT
Magno wasREPRODUCE.
an agent of theOF LAW. NOT
Central BankFOR SALE. DO NOT
of the
Philippines?
c. Will your answer to the previous item be the same if the court of the Government of Hong Kong
declared that accepting an advantage as an agent covers bribery committed by public officers
RTY OF SAN BEDA UNIVERSITY and Magno and the
COLLEGE said decision
PROPERTY OF SANwas notUNIVERSITY
BEDA presented as evidence? PROPERTY OF SAN BEDA UNIVERSITY C
COLLEGE
a. REPRODUCE.
No, the Philippines OFisLAW. NOT FORThe
not obligated. SALE. DO NOTbetween
agreement REPRODUCE.
PhilippinesOF
andLAW.
HongNOTKongFOR SALE. DO NOT REPR
recognizes
RTY OF SAN BEDA UNIVERSITY theCOLLEGE PROPERTY
double criminality OF SAN
rule. Under BEDA
this UNIVERSITY
doctrine, COLLEGE
the subject PROPERTY
offense of extradition OFbe
must SAN BEDA UNIVERSITY C
punishable
in the jurisdictionsOF
. NOT FOR SALE. DO NOT REPRODUCE. of LAW.
both the
NOTrequested
FOR SALE.andDO requesting parties. In this case,
NOT REPRODUCE. OF LAW.whileNOT
the FOR
accepting
SALE.an
DO NOT REPR
advantage as an agent is punishable under the jurisdiction of the Government of Hong Kong, it has
no equivalent
PERTY OF SAN BEDA UNIVERSITY COLLEGEin the Philippine
PROPERTYjurisdiction because
OF SAN BEDA the latterCOLLEGE
UNIVERSITY only punishesPROPERTY
bribery involving
OF SANpublic
BEDA UNIVERSI
officers. Thus, the extradition must not be granted (Government of Hong Kong vs. Munoz, G.R. No.
207342, August 16, 2016).
AW. NOT FOR SALE. DOb.NOTYes,
REPRODUCE. OF LAW.
it will be the same. NOTwas
If Magno FORaSALE.
publicDO NOThis
officer, REPRODUCE. OFtoLAW.
crime would refer NOT
corrupt FOR SALE.
practices of DO NOT R
public officers under Sec. 3 of RA 3019 (Anti-Graft and Corrupt Practices Act) and not to accepting an
RTY OF SAN BEDA UNIVERSITY COLLEGEas an PROPERTY
advantage agent. The twoOF SAN BEDA
crimes are UNIVERSITY COLLEGE
not similar, even PROPERTY
though they may refer OF SANsame
to the BEDA UNIVERSITY C
act.
Double CriminalityOF
. NOT FOR SALE. DO NOT REPRODUCE. is LAW.
still notNOT
satisfied; thus, DO
FOR SALE. the extradition request must not
NOT REPRODUCE. be granted
OF LAW. (Government
of Hong Kong vs. Munoz, supra).
c. REPRODUCE. OF LAW.
Yes, it will be the same. NOT FOR
According SALE. DO NOT
to Government REPRODUCE.
of Hong OF LAW.
Kong vs. Munoz, under NOT FOR SALE.
Philippine DO NOT REPR
rules on
evidence, foreign judgment and laws are not considered as a matter of a public or notorious nature
that PROPERTY
proved themselves. OF SAN
Foreign BEDA UNIVERSITY
judgments COLLEGE
have to be alleged PROPERTY
and proved OFother
like any SANdisputed
BEDA UNIVERSITY C
fact. Thus, if notOF LAW. NOT
presented or FOR SALE.
proved as DO
fact,NOT
theREPRODUCE.
Court cannot takeOF LAW. NOTofFOR
cognizance theSALE. DO NOT REPR
foreign
jurisprudence.
RTY OF SAN BEDA UNIVERSITY COLLEGE The Philippine government must still refuse
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE the extradition.
AW. NOT FOR231.
SALE.Matobato
Salangit, a self-proclaimed FORisSALE.
patriot, DO NOT
a Filipino REPRODUCE.
who OF LAW. NOT
resides in the Philippines. FOR SALE.
Because of DO NOT R
his beliefs, he has
PERTY OF SAN BEDA UNIVERSITY COLLEGE developed hatred towards Filipinos who work
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE abroad, branding them as traitors
who choose to seek greener pastures instead of rendering their service for the benefit of the country.
AW. NOT FOR SALE.One
DO day,
NOT he
REPRODUCE.
went with some cohorts to a dense Filipino community in CaliforniaOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. andLAW. NOT FOR
murdered SALE. DO NOT R
all who
were appraised
RTY OF SAN BEDA UNIVERSITY to be Filipinos
COLLEGE or former
PROPERTY OF SAN Filipino citizens. HisCOLLEGE
BEDA UNIVERSITY group carriedPROPERTY
on the killings while
OF SAN BEDAthey
UNIVERSITY C
travelled across the United States as they tried to escape. They were eventually captured, and a case
. NOT FOR SALE. DOfor
NOT REPRODUCE.
Genocide OF LAW.
under Section NOT
5 of RA FORwas
9851 SALE. DObefore
filed NOT REPRODUCE.
the RTC of QuezonOFCity.
LAW.Salangit’s
NOT FOR defense
SALE. DO NOT REPR
is that the COLLEGE
act alleged wasPROPERTY OF beyond
committed SAN BEDA theUNIVERSITY COLLEGE of thePROPERTY
criminal jurisdiction OFCan
Philippines. SANthe
BEDARTCUNIVERSITY C
acquire jurisdiction?
Yes, the
RTY OF SAN BEDA UNIVERSITY RTC can acquire
COLLEGE jurisdiction
PROPERTY OF SANover the case.
BEDA SectionCOLLEGE
UNIVERSITY 17 of RA 9851PROPERTY
provides that
OF the
SANstate
BEDA can
UNIVERSITY C
acquire jurisdiction over a case under the same law regardless of where the crime was committed in case:
a. The accused is a Filipino citizen;
b. The accused, regardless of citizenship or residence, is present in the Philippines; or OF SAN BEDA UNIVERSITY C
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
. NOT FOR SALE. DO NOTc. REPRODUCE.
The accused has OF committed
LAW. NOT a crime
FOR against
SALE. DOa Filipino citizen.
the nationality OFand/or
of Salangit SAN BEDA UNIVERSITY
the victims COLLEGE
is Filipino. PROPERTY
Thus, the law OF SAN
itself allows BEDA UNIVERSI
the local
AW. NOT FOR SALE.courts
DO NOTto try any case punishable
REPRODUCE. under NOT
OF LAW. RA 9851.
FOR The
SALE.actDO
of NOT
genocide, being one of the
REPRODUCE. OFacts
LAW. punishable
NOT FORunder
SALE. DO NOT R
the special law, can be tried in the RTC of Quezon City.
71
232. What is the maritime rule on Regime of Islands?
a. An island is a naturally formed area of land, surrounded by water, which is above water at high tide.
OF LAW. NOT FOR SALE.b.
DO Except
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
as provided for in paragraph C below, the territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf of an island are determined in accordance with the provisions
of the UNCLOS
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. III applicable to other land territory.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
c. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive
economic PROPERTY
zone or continental OF(Article
shelf SAN BEDA
121, UNIVERSITY
UNCLOS III).COLLEGE PROPERTY OF SAN BEDA UNIVERSI
233. The Philippine Government initiated arbitration against the People’s Republic of China, following the
PERTY OF SAN BEDAprocedure
UNIVERSITYsetCOLLEGE PROPERTY
forth in Annex OF SAN The
VII of UNCLOS. BEDAPhilippines
UNIVERSITY COLLEGE China’s
challenges PROPERTY OF SAN
expansive BEDA
claim to UNIVERSI
AW. NOT FOR SALE.areas
DO NOT REPRODUCE.
of the West PhilippineOF
SeaLAW.
andNOT FOR SALE. DO
the underlying NOTas
seabed REPRODUCE. OF the
far as 870nm from LAW. NOT FOR
nearest SALE. DO NOT R
Chinese
coast within its so called “9-dash line”. It contends that the “9-dash line” encroaches on the
Philippines’ PROPERTY shelf
EEZ and continental OF SAN
to BEDA
whichUNIVERSITY
it is entitledCOLLEGE PROPERTY
under the 1982 UNCLOS.OF ASAN BEDA for
petition UNIVERSITY CO
NOT FOR SALE. DO prohibition
was filed before theNOT FOR SALE.
Supreme CourtDO toNOT REPRODUCE.
direct OF LAW.
the President and NOT FOR
the Solicitor SALE. DO
General to NOT REPRO
withdraw the
TY OF SAN BEDA UNIVERSITY COLLEGEcase against China. According to the petition,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE the Philippine claim has no basis in
international law because China did not consent to arbitration and in fact strongly opposes it. Hence,
NOT FOR SALE. DO pursuing
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
the arbitration is a big waste of taxpayers’ money.REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
a. Is there a basis under international law for the Philippines to bring China to arbitration?
b. In OF LAW.
its arbitration against NOTisFOR
China, SALE. DO NOT
the Philippines REPRODUCE.
asking OF LAW.ofNOT
for the determination whoFOR SALE.
owns the DO NOT RE
islands and
PERTY OF SAN BEDA UNIVERSITY COLLEGE other land features in the West Philippine Sea?
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
c. Is the Philippines asking for the delimitation of the two countries’ overlapping claims for EEZ
AW. NOT FOR SALE. DO NOTin
REPRODUCE. OF LAW.
the West Philippine Sea?
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
a. Yes, there is basis. Art. 286 and 287 of the UNCLOS, of which the Philippines and China are parties,
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT
provide for a mechanism FOR SALE.arbitration
for compulsory DO NOT REPRODUCE. OF LAW. the
for any dispute concerning NOTinterpretation
FOR SALE. DO or NOT REPRO
TY OF SAN BEDA UNIVERSITYapplication
COLLEGE of the PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
said Convention. The dispute between the Philippines and China involve the BEDA UNIVERSITY CO
interpretation
NOT FOR SALE. DO NOT REPRODUCE. and application of UNCLOS, especially the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. provisions relating to the sovereign rights of
a state over its exclusive economic zone and continental shelf. Having exhausted all possible means
TY OF SAN BEDA UNIVERSITYtoCOLLEGE PROPERTYthe
arrive at a settlement, OFPhilippines
SAN BEDAhas UNIVERSITY COLLEGE
the right submit PROPERTY
its dispute with ChinaOF to
compulsory
arbitration. SinceOF
NOT FOR SALE. DO NOT REPRODUCE. the Philippines
LAW. NOT FOR and China
SALE. DOdid notREPRODUCE.
NOT choose the same dispute
OF LAW.settlement
NOT FORprocedure
SALE. DO NOT REPRO
when they signed UNCLOS, their dispute may only be submitted to Annex VII Arbitration. Thus, the
TY OF SAN BEDA UNIVERSITYPhilippines
COLLEGE initiated
PROPERTY OF SAN
arbitration BEDA
against UNIVERSITY
China COLLEGE
under Annex PROPERTY
VII of UNCLOS. It isOFaSAN BEDA
basic rule UNIVERSITY
in CO
international lawOFthatLAW. NOT FOR of
the jurisdiction SALE. DO NOT REPRODUCE.
an international OFbased
court or tribunal is LAW.onNOTthe FOR SALE.
consent DO NOT REPRO
of the
State parties to the dispute. China’s consent to the Annex VII arbitration has already been given in
advance PROPERTY
when it signed OF SAN BEDA
the UNCLOS, UNIVERSITY
by operation of COLLEGE PROPERTY
the above provisions OF SANofBEDA
(Republic the UNIVERSIT
AW. NOT FOR SALE. DO NOTPhilippines
REPRODUCE. v. People’s
OF Republic
LAW. NOT of FOR
China, PCADO
SALE. Case
NOTNo. 2013-19).
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
b. No. The Philippines’ arbitration case against China is solely a maritime dispute and does not involve
AW. NOT FOR SALE. DO NOTany
REPRODUCE. OFThe
territorial dispute. LAW. NOT
issues FOR SALE.
it raises DO NOT
only involve theREPRODUCE. OF LAW. of
interpretation or application NOT
the FOR SALE. DO NOT RE
provisions
of UNCLOS. The Philippines is not asking the tribunal which country has sovereignty over an island,
TY OF SAN BEDA UNIVERSITYorCOLLEGE PROPERTY
rock above water at highOF SAN
tide, in BEDA UNIVERSITY
the West PhilippineCOLLEGE
Sea. Instead, PROPERTY OF SAN
the Philippines BEDA the
is asking UNIVERSITY CO
tribunal if under OF LAW. NOT
UNCLOS FOR
certain SALE.
rocks DO NOT
above waterREPRODUCE. OF LAW. NOT
at high tide, like Scarborough ShoalFOR SALE. DO NOT REPRO
(regardless
who owns
TY OF SAN BEDA UNIVERSITY COLLEGE them) generate a 200 NM EEZ or only a
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE 12 NM territorial sea. The Philippines
PROPERTY OF SAN BEDA is further
UNIVERSITY CO
asking the tribunal if under UNCLOS, China can appropriate low-tide elevations (LTEs), like Mischief
Reef and Subi Reef, within the Philippines’ EEZ (Republic of the Philippines v. People’s Republic of NOT REPRO
TY OF SAN BEDA UNIVERSITYChina,
COLLEGEPCA Case No. 2013-19).
NOT FOR SALE. DO NOTc.REPRODUCE. OF LAW.
No, the Philippines is not NOT FOR
asking theSALE. DOtoNOT
tribunal REPRODUCE.
delimit OF LAW. NOT
by nautical measurements FOR SALE.
overlapping DO NOT REPRO
EEZs
TY OF SAN BEDA UNIVERSITYbetween
COLLEGEChina PROPERTY OF SAN BEDA
and the Philippines. In theUNIVERSITY COLLEGE
first place, there PROPERTYEEZs
are no overlapping OF SAN BEDA
in the UNIVERSITY CO
West
Philippine
NOT FOR SALE. DO NOT REPRODUCE. Sea to speak of. The waters enclosed within
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. China’s 9-dashed lines do not constitute
OF LAW. NOT FOR SALE. DO an NOT REPRO
EEZ because the 9-dashed lines are not drawn from baselines along the coast of a continental land
or habitable
PERTY OF SAN BEDA UNIVERSITY COLLEGE island. PROPERTY
Under UNCLOS,
OF SANEEZs
BEDAcan only be drawn
UNIVERSITY COLLEGEfrom baselines alongOF
PROPERTY theSAN
coast of UNIVERSIT
BEDA
continental land or an island capable of human habitation or economic life of its own. China’s 9-dashed
AW. NOT FOR SALE. DO NOTlines
do not comply with the basic requirement of UNCLOS for drawing EEZs. It is merely an arbitrary
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
line drawn by the Chinese. Instead, the Philippines is asking the tribunal if China’s 9-dashed linesBEDA
can UNIVERSIT
negate the
AW. NOT FOR SALE. DO NOT REPRODUCE. Philippines’ EEZ as guaranteed under UNCLOS.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. China claims almost 90% of the South
China Sea under its so-called 9-dashed line map, which overlaps 80% of the Philippines’ EEZ in the
TY OF SAN BEDA UNIVERSITYWest
COLLEGE
Philippine PROPERTY OF SAN
Sea. If China’s claimBEDA UNIVERSITY
is upheld, COLLEGE
the Philippines will losePROPERTY
80% of itsOF
EEZSANin BEDA UNIVERSITY CO
the West
Philippine Sea, including
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. the
NOTReed
FOR Bank
SALE.and
DO even Malampaya. The Philippines
NOT REPRODUCE. will also
OF LAW. NOT FORlose allDO
SALE. its NOT REPRO
72
extended continental shelf (ECS) in the West Philippine Sea (Republic of the Philippines v. People’s
Republic PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
of China, supra). PROPERTY OF SAN BEDA UNIVERS
234. A commercial vessel registered under the laws of State A was about to enter the archipelagic waters
of State B, a party COLLEGE
to all UNCLOSPROPERTY OF purpose
treaties. The SAN BEDAofUNIVERSITY COLLEGE
such passage PROPERTY
was to ensure OF SAN BEDA UNIV
the continuous
and safe
OF LAW. NOT FOR SALE. passage
DO NOT of the ship towards
REPRODUCE. OF LAW. itsNOT
intended destination,
FOR SALE. DO NOTState C. The CoastOF
REPRODUCE. Guard
LAW.ofNOT
State B SALE. DO N
FOR
refused passage on the ground that its archipelagic waters are off-limits unless a request is made and
it expressly allowedCOLLEGE
passage. WasPROPERTY OF valid?
the refusal SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
No, the refusal was not valid. The commercial vessel registered under the laws of State A merely exercised
OPERTY OF SAN BEDA
itsUNIVERSITY COLLEGE
right of passage PROPERTY Sea
along the Archipelagic OF SAN BEDA
Lanes UNIVERSITY
of State COLLEGE
B. Navigation PROPERTY
and overflight OF SAN
in the normal BEDA UNIVERS
mode
solely REPRODUCE.
for the OF LAW.
purpose of continuous, NOT FORand
expeditious SALE. DO NOT REPRODUCE.
unobstructed transit between oneOFpart
LAW. of NOT FORseas
the high SALE. DO NOT
or an exclusive economic zone and another part of the high seas or an exclusive economic zone should be
allowed as a general rule (Article 53, par. 3, UNCLOS III).
Maritime zones under the UNCLOS and the respective rights of the Coastal States therein:
. NOT FOR SALE. DO NOTZone
REPRODUCE. OF LAW. NOT FORorSALE.
Definition DO NOT REPRODUCE.
Breadth OF LAW. NOT FOR SALE. DO NOT REPR
Rights
Those waters which lie landward of the baseline which
include: OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
(1) waters enclosed by straight baselines,
(2) estuaries,PROPERTY OF SAN BEDA UNIVERSITY COLLEGE Exercise PROPERTY OF SAN BEDA UNIVERSI
of sovereignty
Internal Water
(3) landwardOF LAW.from
waters NOTthe
FOR SALE.line
closing DOofNOT
bays;REPRODUCE. (UNCLOS
OF LAW.III, NOT FOR SALE. DO NOT R
Art. 2)
(4) parts of the
PERTY OF SAN BEDA UNIVERSITY COLLEGE sea along
PROPERTY OF the
SANcoast
BEDAdown to the low-
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
water mark, and
(5) ports andOF LAW. (UNCLOS
harbors NOT FOR SALE.
III, Art.DO NOT REPRODUCE.
8(1)). OF LAW. NOT FOR SALE. DO NOT R
TerritorialCOLLEGE
Sea PROPERTY
12 nauticalOF SANfrom
miles BEDAtheUNIVERSITY
baseline COLLEGE PROPERTY
Exercise OF SAN BEDA UNIVERSITY C
of sovereignty
Contiguous OF LAW. NOT FOR SALE. DO NOT REPRODUCE.Jurisdiction
OF LAW.to enforceFOR
NOT SALE. DO NOT REPR
customs,
24 nautical miles from the baseline
ZoneCOLLEGE
RTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY COLLEGE fiscal, and sanitation laws
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Sovereign right to
OF LAW. NOTexplore living DO NOT REPR
FOR SALE.
Exclusive
and non-living resources
Economic 200 nautical miles from the baseline
Zone
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE(Magallona
PROPERTY OF SAN
v. Ermita, G.R.BEDA
No. UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. 187167, August 16, 2011)
PERTY OF SAN235.
BEDAThe vessel of COLLEGE
UNIVERSITY MV Johto fromPROPERTY
the State OF
of Ray
SANwas
BEDAspotted to haveCOLLEGE
UNIVERSITY been drillingPROPERTY
and extracting seabed
resources in Area Vlad, 150 nautical miles from the baseline of the State of Quaz without the latter’s
AW. NOT FOR SALE.permission.
DO NOT REPRODUCE.
After they were OF LAW.
driven NOTthe
away, FOR
MVSALE.
JohtoDOmoved
its operations to Area Tram,NOT
250FOR SALE. DO NOT R
nautical
PERTY OF SAN BEDAmiles
UNIVERSITY
off the COLLEGE
coast of the PROPERTY OF SAN
nearest State, BEDA
Quaz. MVUNIVERSITY
Johto arguesCOLLEGE PROPERTY
that it may validly OF SAN BEDA
conduct its UNIVERSI
AW. NOT FOR SALE.operations because the operations
DO NOT REPRODUCE. OF LAW.were
NOTconducted
FOR SALE.on
DOthe
NOTsubsoil or underground,
REPRODUCE. not necessarily
OF LAW. on DO NOT R
NOT FOR SALE.
the waters of the seas therein.
a. May MV
. NOT FOR SALE. DO NOT REPRODUCE. Johto conduct its operations in Area Vlad?
b. May MV Johto conduct its operations in Area Tram?
c. Will your answer be the same if the area Tram constitutes a natural prolongation BEDAthe
of land UNIVERSITY C
slope of which found NOT
at 300 nmFOR SALE.
from the DO NOT REPRODUCE.
baseline of Quaz? OF LAW. NOT FOR SALE. DO NOT REPR
d. What is the difference between Continental Shelf and Extended Continental Shelf?
a. No, MV
. NOT FOR SALE. DO NOT REPRODUCE.Johto may not conduct its operation in Area Vlad.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Art. 76 of the UNCLOS
OF LAW.defines a Continental
shelf as the seabed and subsoil of submarine areas that extend from its territorial sea to 200nm from
the baseline. Under Art. 77 of the UNCLOS, the coastal State exercises exclusive sovereign rights for
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.and
the purpose of exploring NOT FOR SALE.
exploiting DOthat
it, in NOTnoREPRODUCE.
one may undertake OFthese
LAW.without
NOT FORthe SALE. DO NOT REPR
express
consent of the coastal State. In this case, Area Vlad is well within the 200nm from the baseline and
the State PROPERTY
of Quaz did OF to
not consent SAN BEDA
such UNIVERSITY
operations. COLLEGE
Thus, PROPERTY
MV Johto may OF SAN
not conduct BEDA UNIVERSI
the said
AW. NOT FOR SALE. DO NOTactivities.
b. Yes, the MV Johto may conduct its operation 250 nm from the baseline of Quaz. This area is outside
AW. NOT FOR SALE. DO NOTthe
REPRODUCE.
200nm requirement OF LAW.
of the NOT FOR SALE.
Continental DOofNOT
Shelf Art. REPRODUCE. OFNo
76 of the UNCLOS. LAW. NOT FORexists
prohibitions SALE. DO NOT R
RTY OF SAN BEDA UNIVERSITY under any other international
COLLEGE PROPERTY OF law.SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
c. REPRODUCE. OF LAW.
Yes, the answer will NOT FOR
now change. Art.SALE.
76 ofDO
theNOT REPRODUCE.
UNCLOS OF LAW.
defines Continental NOT
Shelf to FOR SALE.the
comprise DO NOT REPR
seabed PROPERTY
and subsoil OF SANareas
of the submarine BEDAthat
UNIVERSITY COLLEGE
extend beyond PROPERTY
its territorial OF SAN
sea throughout theBEDA UNIVERSITY C
natural
73
prolongation
PERTY OF SAN BEDA UNIVERSITY COLLEGE of its land territory to
PROPERTY OFthe outer
SAN BEDAedge of the continental
UNIVERSITY COLLEGE margin. PROPERTY
From this provision,
OF SAN BEDAit is UNIVERSI
clear that the Continental Shelf itself may extend beyond the 200nm previously mentioned. In this
AW. NOT FOR SALE. DO NOTcase,
REPRODUCE.
if Area Tram seesOF its
LAW. NOTatFOR
margin SALE.
300nm DO
from NOT
the REPRODUCE.
baseline OF LAW.
of Quaz, MV Johto’s NOT FOR
operation will SALE.
now DO NOT R
be within the Continental Shelf and the same rights of State of Quaz under Art. 77 of the UNCLOS UNIVERSI
AW. NOT FOR SALE. DO NOTwould have been violated.
PROPERTY OF SAN BEDAd.UNIVERSITY
Art. 76 of COLLEGE PROPERTY
the UNCLOS provides OF SAN
for two BEDA UNIVERSITY
definitions of ContinentalCOLLEGE
Shelf, namely:PROPERTY OF SAN
(1) the seabed andBEDA UNIVE
subsoil of the submarine areas that extend beyond its territorial sea throughout the natural
prolongation of its land territory to the outer edge of the continental margin, or (2) to a distance of 200
nautical miles from the where the outer edge of the continental margin does not extend up OFtoSAN
thatBEDA UNIVE
OF LAW. NOT FOR SALE. DO distance.
NOT REPRODUCE. OFContinental
The former is the LAW. NOT Shelf
FOR SALE.
properDO NOT
while theREPRODUCE. OF LAW.
latter is the extended NOT FOR
continental shelf.SALE. DO NO
236. State X and State Y
PERTY OF SAN BEDA UNIVERSITY COLLEGE are in a dispute regarding
PROPERTY OF SAN some
BEDA provisions
UNIVERSITYofCOLLEGE
UNCLOS. PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOa.NOTState
REPRODUCE.
X argues thatOF theLAW.
onlyNOT FOR that
tribunal SALE.could
DO NOT
hearREPRODUCE.
the case is the OF LAW.
ITLOS. Is NOT FOR SALE. DO NOT R
the argument
TY OF SAN BEDA UNIVERSITYtenable?
b. Assuming State X chose the procedure of the ITLOS, while Y chose to bring the same the ICJ.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO
Which body may the dispute be submitted to?NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE theyPROPERTY
c. Assuming OF SAN
both agreed BEDA the
to submit UNIVERSITY COLLEGE
dispute before PROPERTY
the ITLOS, OFprevent
will this SAN BEDA UNIVERSITY CO
other
tribunals or organs
NOT FOR SALE. DO NOT REPRODUCE. fromNOT
OF LAW. hearing
FOR the same?
SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
a. The answer
PERTY OF SAN BEDA UNIVERSITY COLLEGEis not tenable.
PROPERTYArt. 287(1)
OF SANofBEDA
UNCLOS providesCOLLEGE
UNIVERSITY that parties, byPROPERTY
written declaration,
OF SAN BEDAmay UNIVERSIT
choose one or more of the following to settle disputes concerning the interpretation of the UNCLOS:
AW. NOT FOR SALE. DO NOT(1)
ITLOS, (2) the ICJ, (3) arbitral tribunal under Annex VII, (4) special tribunal under Annex VIII.
b. ItREPRODUCE.
AW. NOT FOR SALE. DO NOT shall be submittedOFto LAW.
the arbitral
NOT FORtribunal under
SALE. Annex
DO NOT VII. Art. 287(5) provides
REPRODUCE. OF LAW.that
NOTif the
FORparties
SALE. DO NOT RE
have not accepted the same procedure for settlement of dispute, it may be submitted only to arbitration
TY OF SAN BEDA UNIVERSITYinCOLLEGE PROPERTY
accordance worth Annex OF
VII, SAN BEDA
unless the UNIVERSITY
parties agreeCOLLEGE
otherwise. PROPERTY OF SAN BEDA UNIVERSITY CO
c. Generally, yes, unless the parties agree otherwise. Art. 287(4) of the UNCLOS provides that if the
TY OF SAN BEDA UNIVERSITYparties
gave accepted the same procedure for the settlement of dispute, it may be submitted only to
that procedure, unless theNOT FOR
parties SALE. DO
otherwise NOT REPRODUCE.
agree. OF LAW. NOT FOR SALE. DO NOT REPRO
237. COLLEGE
The Mountain of Sabba PROPERTY OFthe
is located in SAN BEDAofUNIVERSITY
border The Republic COLLEGE PROPERTY
of Amaya, and OF SAN
the Kingdom BEDA UNIVERSITY CO
of Habagat.
NOT FOR SALE. DO It
NOT REPRODUCE.
is home for the BrownOF LAW.
Yack, NOT FORofSALE.
a species DO NOT
particular REPRODUCE.
cultural importance toOF LAW. In
Amaya. NOT FORthe
2005, SALE. DO NOT REPRO
Brown
Yack was declared to be an endangered species which prompted Amaya to adopt measures to prevent
PERTY OF SAN BEDA its
UNIVERSITY COLLEGE
extinction. Among the PROPERTY
measures OFis SAN BEDA UNIVERSITY
reduction COLLEGE
of species which feed onPROPERTY
the Brown OFYack,
SAN BEDA
and UNIVERSIT
introduction
AW. NOT FOR SALE. DO of additional Brown
NOT REPRODUCE. OF LAW.Yacks
NOT sourced
FOR SALE.from otherREPRODUCE.
DO NOT States. In 2010, the
OF Brown Yack
LAW. NOT FORgrew in DO NOT RE
SALE.
number and in 2012, the population ballooned. Because of the geographic features of the mountain,
Brown Yacks found their way out of the wild and into the rural areas of Habagat, destroying crops
andNOT REPRODUCE.
invading the ecosystemsOF by
LAW. NOT on
feeding FORthe
SALE.
veryDO NOT
little REPRODUCE.
vegetation OF LAW.
that the rural areas NOT
have.FOR SALE. DO NOT RE
Habagat
imputes liability against Amaya. Amaya reasons it only complied with its obligation to protect the
endangered PROPERTY
species. Both OF SAN
are parties BEDA UNIVERSITY
to relevant COLLEGE
Environmental PROPERTY
Law Treaties OF SAN BEDA UNIVERSITY CO
and Instruments.
a. Whose argument
TY OF SAN BEDA UNIVERSITY COLLEGE is tenable?
b. Would your answer be the same even if Amaya conducted an Environmental Impact
Assessment regarding the effects of its measures in the Sabba? OF LAW. NOT FOR SALE. DO NOT REPRO
a. Habagat’s argument is tenable. Under the Principle of Good Neighborliness, States have the
responsibility to OF LAW.that
ensure NOT FOR SALE.
activities DOtheir
within NOTjurisdiction
REPRODUCE. or control OF
do LAW. NOT damage
not cause FOR SALE. DO NOT REPRO
to the
TY OF SAN BEDA UNIVERSITYenvironment
COLLEGE of other PROPERTY
StatesOF orSAN BEDAbeyond
of areas UNIVERSITY COLLEGE
the limits of national PROPERTY
jurisdiction.OF SAN BEDA
States have theUNIVERSITY CO
sovereign
NOT FOR SALE. DO NOT REPRODUCE. right to exploit their own resources pursuant
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. to their own environmental policies, and the
responsibility to ensure that activities within their jurisdiction or control do not cause damage to the
environment
PERTY OF SAN BEDA UNIVERSITY COLLEGEof otherPROPERTY
States or OF
of areas beyond
SAN BEDA the limits of
UNIVERSITY national jurisdiction
COLLEGE PROPERTY((1972
OF Stockholm
SAN BEDA UNIVERSIT
Declaration on the Human Environment, Principle 21; 1992 Rio Declaration on Environment and
AW. NOT FOR SALE. DO NOTDevelopment,
REPRODUCE. Principle
2; See also: Trail Smelter Arbitration (USA v. Canada) 1905 1941). This
essentially makes Amaya liable for the environmental damages that occurred within the OF territory
SAN BEDAof UNIVERSIT
Habagat caused
AW. NOT FOR SALE. DO NOT REPRODUCE. by the Brown Yacks. Even assuming that Amaya
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. did have the responsibility to ensure
that the Brown Yacks would not be extinct, the measures it has taken should not have harmed
TY OF SAN BEDA UNIVERSITYHabagat.
74
b. Yes, it will be the same. Although the conduct of Environmental Impact Assessment is embodied
OPERTY OF SAN BEDA UNIVERSITY COLLEGE17 of the
under Principle PROPERTY
1992 RioOF SAN BEDAthe
Declaration, UNIVERSITY
same wouldCOLLEGE PROPERTY
not absolve Amaya from OF SAN BEDA UNIVERS
its liabilities
under OF LAW. NOT
the Good Neighborliness FOR SALE.
Principle. The twoDOPrinciples
NOT REPRODUCE.
give Amaya twoOF LAW. NOT FOR
responsibilities, SALE. DO NOT
failure
to do either
OPERTY OF SAN BEDA UNIVERSITY made it liable
COLLEGE for the damages
PROPERTY in the UNIVERSITY
OF SAN BEDA environment COLLEGE
caused by its measures.
UT IN OMNIBUS GLORIFICETUR DEUS!
THIS IS THE
RTY OF SAN BEDA UNIVERSITY COLLEGE INTELLECTUAL
PROPERTY PROPERTY
OF SAN BEDA UNIVERSITY COLLEGE OFPROPERTY
THE OF SAN BEDA UNIVERSITY C
SAN BEDA
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.UNIVERSITY
NOT FOR SALE. DOCOLLEGE OF LAW
RTY OF SAN BEDA UNIVERSITY COLLEGE CENTRALIZED
BAR OPERATIONS. COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
THE COLLEGE PROPERTY OF SAN
UNAUTHORIZED BEDA UNIVERSITY
COPYING, COLLEGE
REPRODUCTION,PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE.MODIFICATION
OF LAW. NOT FOROR
SALE.DISTRIBUTION
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
OF ANY OF THE CONTENTS OF THIS BOOK IS
RTY OF SAN BEDA UNIVERSITY COLLEGE STRICTLY PROHIBITED
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE . PROPERTY OF SAN BEDA UNIVERSITY C
75

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LAYOUT AND CONTENT EDITORS

SAN BEDA COLLEGE OF LAW

2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS CORE GROUP

CHARLOTTE VINA S. CASINILLO

THE UNAUTHORIZED COPYING, REPRODUCTION,

PROPERTY OF SAN BEDANo,

TY OF SAN BEDA UNIVERSITY COLLEGE

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