Professional Documents
Culture Documents
1
MEMORY AID
IN
POLITICAL LAW
CONSTITUTIONAL LAW
IN GENERAL
CONSTITUTION
- the document which serves as the
fundamental law of the state. (V. Sinco,
Philippine Political Law, 11th ed., p.6870); that written instrument enacted by
direct action of the people by which the
fundamental powers of the government
are established, limited and defined,
and by which those powers are
distributed
among
the
several
departments for their safe and useful
exercise for the benefit of the body
politic
(Malcolm,
Philippine
Constitutional Law, p.6)
Classification:
1. written (conventional or
enacted) v. unwritten
(cumulative or evolved).
2. rigid v. flexible
The Philippine Constitution is written
and rigid. (Art. XVII)
The 1987 Constitution took effect on
February 2, 1987, the date of
the plebiscite for its ratification
and not on the date its
ratification was proclaimed. (De
Leon v. Esguerra, 153 SCRA 602)
Interpretation: a doubtful provision
shall be examined in the light of the
history of the times and the
conditions and circumstances under
which the Constitution was framed
(Civil Liberties Union v. Executive
Secretary, 194 SCRA 317). In case of
doubt, the provisions should be
considered
self-executing;
mandatory rather directory; and
prospective rather than retroactive
(Nachura, Reviewer in Political Law,
p.3)
CONSTITUTIONAL LAW
- designates the law embodied in the
Constitution and the legal principles
growing out of the interpretation and
application of its provisions by the courts
in specific cases (Sinco, supra, p.67)
POLITICAL LAW COMMITTEE
STATE
- A community of persons, more or
less numerous, permanently occupying a
definite portion of territory, independent
of external control, and possessing a
government to which a great body of the
inhabitants render habitual obedience; a
politically
organized
sovereign
community independent of outside
control bound by ties of nationhood,
legally supreme within its territory,
acting through a government functioning
under a regime of law. (CIR v. Campos
Rueda, 42 SCRA 23).
Elements:
People inhabitants of the State, the
number of which is capable for selfsufficiency and self-defense; of both
sexes for perpetuity.
Different meanings of the word
people:
-People as inhabitants (Sec.1,
Art.XIII; Secs.15 -16, Art. II;
Sec.2, Art.III);
-People as citizens (Preamble; Secs.
1 and 4, Art. II; Sec.7, Art. III);
-People as electors (Sec.4, Art. VII;
Sec.2, Art. XVI; Sec. 25, Art.
XVIII).
Territory fixed portion of the surface
of the earth inhabited by the people
of the State; see Art I.
Sovereignty
supreme
and
uncontrollable power inherent in a
State by which that State is
governed;
Characteristics:
a. permanent
b. exclusive
c. comprehensive
d. absolute
e. indivisible
f. inalienable
g. imprescriptible
Theory of Auto-Limitation - any
state may by its consent, express
or implied, submit to a
restriction of its sovereign
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
the
Requisites (Limitations):
Lawful Subject the interests of the
public in general, as distinguished
from those of a particular class,
require the exercise of the power;
POLITICAL LAW COMMITTEE
IN
POLITICAL LAW
the
Two stages:
determination of the authority of
the plaintiff to exercise the power
and the propriety of its exercise; and
determination
of
just
compensation.
Requisites:
1. Necessity when exercised by:
Congress political question;
Delegate justiciable question
2. Private property all private
property capable of ownership
may be expropriated, except
money and choses in action; may
include services (Republic v.
PLDT, 26 SCRA 620).
3. Taking:
there is taking when:
i. owner actually deprived or
dispossessed of his property;
ii. there is practical destruction
or a material impairment of
value of property;
iii. owner is deprived of ordinary
use of his property; and
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
iv. owner
is
deprived
of
jurisdiction, supervision and
control of his property.
requisites:
i. expropriator must enter a
private property;
ii. entry must be more than a
momentary period;
iii. entry must be under a
warrant or color of authority;
iv. property must be devoted to
public use or otherwise
informally appropriated or
injuriously affected;
v. utilization of the property
must be in such a way as to
oust the owner and deprive
him of beneficial enjoyment
of the property (Republic v.
Castelvi, 58 SCRA 336).
4. Public use - has been broadened
to include not only uses directly
available to the public but also those
which redound to their indirect
benefit; that only a few would
actually
benefit
from
the
expropriation of the property foes
not necessarily diminish the essence
and character of public use (Manosca
v. Court of Appeals, 252 SCRA 412).
Once expropriated change of
public use is of no moment. It is
well within the rights of the
condemnor as owner to alter and
decide its use so long as it still
for public use. (Republic vs.
C.A., G.R. No. 146587, July 2,
2002)
5. Just
compensation
compensation is qualified by the
word just to convey that equivalent
must be real, substantial, full and
fair; the value of the property must
be determined either as of the date
of the taking of the property or the
filing of the complaint, whichever
came first. (Eslaban v. vda. De
Onorio, G.R. No. 146062, June 28,
2001)
Formula: -- fair market value of
the property, to which must be
added
the
consequential
damages,
minus
the
consequential benefits, but in no
case will the consequential
benefits
exceed
the
consequential damages
Fair market value the price
that maybe agreed upon by
parties who are willing but
are not compelled to enter
into a contract of sale.
Consequential damages
consist of injuries directly
caused on the residue of the
private property taken by
reason of expropriation
6. Due process of law the
defendant must be given an
opportunity to be heard.
III. POWER OF TAXATION
- power by which State raises revenue
to defray necessary expenses of the
Government.
Scope: covers persons, property, or
occupation to be taxed within taxing
jurisdiction
Basis: power emanating from necessity
(lifeblood theory)
Who may exercise: generally, the
legislature but also:
Law-making bodies of LGUs (Sec.5,
Art. X); and
The President, under Sec. 28 (2), Art.
VI of the Constitution or as
incident of emergency powers
that Congress may grant to him
under Sec. 23(2), Art. VI.
Limitations on the Power of Taxation:
Inherent limitations
Public purpose;
a. Non-delegability of power;
b. Territoriality or situs of taxation;
c. Exemption of government from
taxation;
d. International comity.
Constitutional limitations
a. Due process of law;
b. Equal protection of law;
c. Uniformity, equitability, and
progressivity of taxation;
d. Non-impairment of contracts;
e. Non-imprisonment
for
nonpayment of poll tax;
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
Any
doubt
regarding
the
taxability of any person under a
valid law must be resolved in
favor of that person and against
the taxing power.
IN
POLITICAL LAW
LICENSE FEE
1. as to basis
Power of taxation
to raise revenue
Police power to
regulate
2. limitation
Rate or amount to
be collected
unlimited provided
not confiscatory.
Amount limited to
cost of: (a) issuing
the license and (b)
necessary
inspection or police
surveillance.
3. object
Imposed on persons
or property.
4. effect of non-payment
Business or activity
does not become
illegal.
Business becomes
illegal.
DISTINCTIONS
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
POLICE
POWER
EMINENT
DOMAIN
TAXATION
1. Regulates
both liberty
and property
Affects only
property
rights
Affects only
property
rights
2. Exercised
only by the
Government
Maybe
exercised
by private
entities
3. Public
necessity and
the right of
the state and
of the public
to selfpreservation
and selfprotection.
Necessity of
the public
for the use
of private
property
4. Property
intended for a
noxious
purpose is
taken and
destroyed.
Property is
wholesome
and is
devoted to
public use
or purpose
Property is
wholesome
and is
devoted to
public use or
purpose
5. Compensa
tion is the
intangible,
altruistic
feeling that
the individual
has
contributed to
the public
good
Compensati
on is full
and fair
equivalent
of the
property
taken
Compensatio
n is the
protection
and public
improvemen
ts instituted
by the
government
for the taxes
paid
6. Contracts
may be
impaired.
Contracts
may be
impaired.
Contracts
may not be
impaired.
POLICE POWER
EMINENT DOMAIN
1.
Lawful subject
1.
Necessity
Exercised
only by the
Government
2.
Lawful means
2.
Private property;
3.
Taking;
.
Public use;
Public
necessity
3.
Express grant by
law
5.
4.
Within the
territorial limits
Just
compensation;
6.
Due process of
law.
When exercised by a
delegate:
5.
4.
Must not be
contrary to law
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
3.
4.
including its:
sea bed;
subsoil;
insular shelves; and
other marine areas.
Waters:
around;
between; and
connecting
- the islands of the archipelago,
regardless of
(i) breadth; and
(ii) dimensions
- form part of the internal waters
of the Philippines.
2. the
requirement
that
the
members of the AFP swear to
uphold
and
defend
the
Constitution, which is the
fundamental law of the civil
government;
3. the professionalization of the
service and the strengthening of
the patriotism and nationalism,
and respect for human rights, of
the military;
4. insulation of the AFP from
partisan politics;
5. prohibition against appointment
to a civil position;
6. compulsory
retirement
of
officers,
so
as
to
avoid
propagation of power;
7. a 3-year limitation on the tour of
duty of the Chief of Staff, which
although extendible in case of
emergency by the President,
depends
on
Congressional
declaration of emergency;
8. requirement
of
professional
recruitment, so as to avoid any
regional clique from forming
within the AFP [Sec. 5, Art. XVI];
and
9. the establishment of a police
force that is not only civilian in
character but also under the
local executives [Sec. 6, Art.
XVI].
V. SEPARATION OF CHURCH AND
STATE (SEC. 6, ART. II)
Reinforced by:
1. Freedom of religion clause;
2. Non-establishment of religion
clause;
3. No religious test clause [Sec. 5,
Art. III];
4. No sectoral representative from
religious sector [Sec. 5 (2), Art.
VI];
5. Prohibition against appropriation
for sectarian benefits. [Sec.
29(2), Art. VI]; and
6. Religious denominations and
sects cannot be registered as
political parties [Sec. 2 (5) Art.
IX-C].
Exceptions:
1. Churches,
personages,
etc.,
actually, directly and exclusively
used for religious, charitable and
educational purposes shall be
exempt from taxation [Sec. 28
(3), Art. VI];
2. Prohibition against appropriation
for sectarian purposes, except
when, priest etc., is assigned to
the armed forces, or to any
penal institution or government
orphanage or leprosarium [Sec.
29 (2), Art. VI];
3. Optional religious instruction for
public elementary and high
school students [Sec. 3 (3), Art.
XIV];and
4. Filipino ownership requirement
for
educational
institutions,
except those established by
religious groups and mission
boards [Sec. 4 (2), Art. XIV].
VI. AUTONOMY OF LOCAL
GOVERNMENTS
(SEC. 25, ART. II; ART. X)
Decentralization of Administration delegation of administrative powers to
local government unit in order to broaden
the base of governmental powers.
Decentralization of Powers abdication
of political power in the favor of local
governments units declared to be
autonomous. (Limbonas v. Mangelin, 170
SCRA 786)
Article III : BILL OF RIGHTS
Classification of Rights:
1. Political rights granted by law to
members of community in relation
to
their
direct
or
indirect
participation in the establishment
2.
3.
4.
or
administration
of
the
government;
Civil rights rights which municipal
law will enforce at the instance of
private individuals, for the purpose
of securing them the enjoyment of
their means of happiness;
Social and economic rights; and
Human rights.
Requisites
(SNAG)
of
Valid
Classification:
1. Such
classification
rests
upon
substantial distinctions;
2. It is germane to purpose of the law;
3. It is not confined to existing
conditions;
4. It applies equally to all members of
the same class. (People v. Vera, G.R.
No. 45685. November 16, 1937).
III. SEARCHES AND SEIZURES
(SEC. 2, ART. III)
Scope: a popular right and hence,
protects all persons, including aliens
(Qua Chee Gan v. Deportation Board,
9 SCRA 27) and, to a limited extent,
artificial persons. (Bache & Co., Inc.
v. Ruiz, 37 SCRA 825)
2. Determination of probable
personally by the judge;
cause
SEARCH
WARRANT
WARRANT OF
ARREST
The
judge
must
personally examine
in the form of
searching questions
and
answers,
in
writing and under
oath, the complaints
and any witnesses he
may produce on facts
personally known to
them. (Sec. 4, Rule
126, Rules of Court);
the determination of
probable
cause
depends to a large
extent
upon
the
finding or opinion of
the
judge
who
conducted
the
required examination
of the applicant and
the witnesses (Kho v.
Judge
Makalintal
G.R. No. 94902-06,
April 21, 1999)
It is not necessary
that the judge should
personally examine
the complainant and
his
witnesses
(Soliven v. Makasiar,
167 SCRA 393); the
judge would simply
personally review the
initial determination
of the prosecutor to
see if it is supported
by
substantial
evidence; he merely
determines
the
probability, not the
certainty
of
the
accused and, in so
doing, he need not
conduct a de novo
hearing (Webb v. De
Leon, 247 SCRA 652)
WARRANT OF
ARREST
The description of
property to be seized
need
not
be
technically accurate
nor
necessarily
precise,
and
its
nature
will
necessarily
vary
according to whether
the identity of the
property
or
its
character is a matter
of
concern;
the
description
is
required
to
be
specific only in so far
as the circumstances
will allow (Kho v.
Judge
Makalintal,
G.R. No. 94902-06,
April 21, 1999)
General warrants
are proscribed and
unconstitutional
(Nolasco v. Puno, 139
SCRA 152); However,
a John Doe Warrant
(a warrant for the
apprehension of a
person whose true
name is unknown)
satisfies
the
constitutional
requirement
of
particularity if there
is some descrpitio
personae which will
enable the officer to
identify the accused
(Nachura, Reviewer
in Political Law, p.
73)
Commissioner of Immigration
and Deportation may issue
warrant only for purpose of
carrying out a final decision of
deportation (CID v. Judge De la
Rosa, 197 SCRA 853) or there is
sufficient proof of guilt of an
alien (Harvey v. DefensorSantiago, G.R. No. 82544, June
28, 1988).
If assembly is to be held at a
public place, permit for the use
of such place, and not for the
assembly itself may be validly
required.
Power of local
officials is merely for regulation
and
not
for
prohibition.
(Primicias v. Fugoso, 80 Phil 71)
2.
Non-establishment clause
Scope:
a. State cannot set-up church;
b. Cannot pass laws which aid one
religion, all religions or prefer
one over another;
c. Nor influence a person to go to
or remain away from church
against his will; nor
d. Force him to profess a belief or
disbelief in any religion (Martin,
Reviewer in Political Law, p.
39)
Freedom of religious belief and
worship
Dual aspect of freedom of religious
belief and worship:
a.
b.
X. NON-IMPAIRMENT OF
CONTRACTS (SEC. 10, ART. III)
Impairment anything that diminishes
the efficacy of contract
Limitations:
1. police power prevails over
contracts.
2. eminent domain may impair
obligations of contracts.
3. taxation cannot impair obligation
of contracts.
XI. RIGHTS OF AN ACCUSED UNDER
CUSTODIAL INVESTIGATION
(SEC. 12, ART. III
1. right to be informed of his right to
remain silent and to counsel;
Rationale:
a. to make him aware of it;
b. to overcome the inherent
pressure
of
the
interrogating atmosphere;
and
c. to show the individual
that his interrogators are
Presumption of Innocence
4.
7.
8.
due notice;
absence is unjustified.
XIV. HABEAS CORPUS
(SEC. 15, ART. III)
WRIT OF HABEAS CORPUS
writ issued by court directed to
person
detaining
another,
commanding him to produce the
body of the prisoner at designated
time and place, with the day and
cause of his capture and detention,
to do, to submit to, and to receive
whatever court or judge awarding
writ shall consider in his behalf.
(Nachura, Reviewer in Political Law,
p. 135).
Condition
where
one
is
compelled by force, coercion, or
imprisonment, and against his will,
Coverage:
1. Debt any civil obligation arising
from a contract.
2. Poll Tax a specific sum levied upon
any person belonging to a certain
class without regard to property or
occupation (e.g. Community Tax )
1.
2.
3.
4.
Two types:
1. No person shall be twice put in
jeopardy of punishment for the same
offense;
2. If an act is punishable by a law and
an ordinance, conviction or acquittal
under either shall constitute a bar to
another prosecution for the same
act.
Crimes covered:
1. same offense; or attempt to commit
or frustration thereof or for any
offense which necessarily includes or
is necessarily included in the offense
charged in original complaint or
information; and
2. when an act is punished by a law and
an ordinance, conviction or acquittal
under either shall bar another
prosecution for the same act.
4.
IV. REACQUISITION OF
CITIZENSHIP
1. By naturalization;
2. By repatriation;
RA 8171 is an act providing for
the repatriation of:
a. Filipino women who have
lost
their
Philippine
citizenship by marriage to
aliens and;
b. natural-born Filipinos who
have lost their Philippine
citizenship on account or
political
or
economic
necessity.
The applicant should not be a:
a. Person opposed to organized
government or affiliated
with any association or group
of persons who uphold and
teach doctrines opposing
organized government;
b. Person defending or teaching
the necessity or propriety of
violence, personal assault, or
association
for
the
predominance of their ideas;
c. Person convicted of crimes
involving moral turpitude: or
d. Person suffering from mental
alienation
or
incurable
contagious diseases.
DUAL
ALLEGIANCE
1. Arises when, as a
result
of
concurrent
application of the
different laws of
two
or
more
states, a person is
simultaneously
considered
a
national by said
states.
1. Refers
to
the
situation where a
person
simultaneously
owes, by some
positive
act,
loyalty to two or
more states.
2. Involuntary
2. Result
of
an
individuals
volition and is
prohibited by the
Constitution
Article V : SUFFRAGE
I.
SUFFRAGE
- right to vote in elections.
Who may exercise (Sec. 1, Art. V)
1. all citizens of the Philippines, not
otherwise disqualified by law;
2. at least 18 years of age
3. resided in the Philippines for at least
one year; and
4. resided in the place they propose to
vote for at least 6 months
immediately preceding the election.
II. RESIDENCE
- has dual meaning (Sec.1, Art. V):
First as a requirement of residence
in the Philippines: synonymous with
domicile
imports both intention to reside
and personal presence coupled
with conduct indicative of such
intention.
Second requirement of residence
in the place where one intends to
vote:
can mean domicile or temporary
residence
Requisites of Acquisition of Domicile by
Choice:
1. residence or bodily presence in the
new locality;
2. an intention to remain there; and
3. an intention to abandon the old
residence. (Gallego v. Verra, 73 Phil.
453)
III. THE OVERSEAS ABSENTEE VOTING
ACT OF 2003 (R.A. 9189)
1. Definition of Terms
Absentee Voting - the process by
which qualified citizens of the
Philippines abroad exercise their
right to vote;
Overseas Absentee Voter - a citizen
of the Philippines who is
qualified to register and vote
under this Act, not otherwise
disqualified by law, who is
abroad on the day of elections.
2. Coverage all citizens of the
Philippines abroad, who are not
otherwise disqualified by law, at
Classes of Referendum:
1. Referendum on Statutes
petition to approve or reject an
act or law, or part thereof,
passed by Congress;
2. Referendum on Local Laws
legal process whereby the
registered voters of the local
government units may approve,
amend or reject any ordinance
enacted by the sanggunian. (Sec.
126, RA 7160 or the LGC of 1991)
II. COMPOSITION
Senate 24, elected at large by the
qualified
voters
of
the
Philippines;
House of Representatives not more
than 250 members consisting of:
a. District Representatives
elected
from
legislative
districts apportioned among
the provinces, cities and the
Metropolitan Manila area;
b. Party-list Representatives
shall constitute 20% of the
total
number
of
representatives,
elected
through a party-list system
of
registered
national,
regional and sectoral parties
or organizations.
DISTRICT
REPRESENTATIVE
PARTY-LIST
REPRESENTATIVE
1. Elected according
to
legislative
district by the
constituents
of
such district
1. Elected nationally,
with
party-list
organizations
garnering at least
3% of all the votes
cast for the partylist
system
entitled to 1 seat,
which is increased
according
to
proportional
representation,
but is in no way to
exceed 3 seats per
organization
2. Must be a
resident of his
legislative district
for at least 1 year
immediately
before the
election
2. No
special
residency
requirement
3. Elected
personally, i.e. by
name.
3. Voted upon by
party
or
organization. It is
only when a party
is
entitled
to
representation
that it designates
who will sit as
representative.
4. If he/she changes
party
or
affiliation,
loses
his seat, in which
case he/she will
be substituted by
another qualified
person
in
the
party
/
organization based
on
the
list
submitted to the
COMELEC
5. In case of
vacancy, a special
election may be
held provided
that the vacancy
takes place at
least 1 year
before the next
election.
5. In case of vacancy,
a substitution will
be made within
the party, based
on
the
list
submitted to the
COMELEC.
6. A district
representative is
not prevented
from running
again as a district
representative if
he/she lost
during the
previous election.
6. A party-list representative
cannot
sit if he ran and
lost in the previous
election.
7. A change in
7.
change
in
affiliation within
6 months prior to
election does not
prevent a district
representative
from running
under his new
party.
affiliation within
6 months prior to
election prohibits
the
party-list
representative
from sitting as
representative
under his new
party
or
organization.
ELECTION
(v)
proposing constitutional
amendments [Sec. 1, Art.
XVII].
b. voting jointly
(i.) to
revoke
or
extend
proclamation
suspending
the privilege of writ of
habeas corpus [Sec. 18, Art.
VII];
(ii.) to
revoke
or
extend
declaration of martial law
[Sec. 18, Art. VII].
4. Adjournment neither Chamber
during session, without the consent
of the other, adjourn for more than 3
days, nor any other place than that
in which the two Chambers shall be
sitting [Sec. 16 (5), Art. VI].
Adjournment Sine Die interval
between the session of one Congress and
that of another; Congress must stop the
clock at midnight of the last day of
session in order to validly pass a law.
party-list
system
represented
therein.
Senate President as ex-officio
chairman.
Chairman shall not vote except in
case of tie.
Powers:
1. Shall act on all appointments
submitted to it within 30 session
days of Congress from their
submission; and
2. Power to promulgate its own rules of
proceedings.
X. POWERS OF CONGRESS
Classification of Powers:
1. Legislative
General plenary power (Sec.1,
Art.VI);
specific power of appropriation,
taxation and expropriation;
legislative investigations;
question hour.
2. Non-Legislative includes power to:
a. canvass presidential elections;
b. declare existence of a state of
war;
c. delegation of emergency powers;
d. call
special
election
for
President and Vice-President;
e. give concurrence to treaties and
amnesties;
f. propose
constitutional
amendments
(constituent
power);
g. confirm certain appointments;
h. impeach;
i. decide the disability of the
President because majority of
the
Cabinet
disputes
his
assertion that he is able to
discharge his duties;
j. revoke or extend proclamation
of suspension of privilege of writ
of habeas corpus or declaration
of martial law (to revoke =
legislative veto)
k. power with regard to utilization
of natural resources [Sec.2, Art.
XII];
4. Procedure
for
approving
appropriations for Congress shall be
the same as that of other
departments in order to prevent
sub-rosa appropriations by Congress.
5. Prohibition against transfer of
appropriations
(doctrine
of
augmentation), however:
a. President;
b. Senate President;
c. Speaker of the House of
Representative;
d. Chief Justice; and
e. Heads
of
Constitutional
Commissions
may, by law, be authorized to
augment any item in the general
appropriations
law
for
their
respective offices from savings in
other items of their respective
appropriations.
6. Prohibitions against appropriations
for sectarian benefit; and
7. Automatic re-appropriation.
Limitations on Power of Legislative
Investigation [Sec. 21, Art. VI]
1. must be in aid of legislation;
2. in accordance with duly published
rules of procedures; and
3. right of person appearing in, or
affected by such inquiry shall be
respected.
QUESTION
HOUR
(Sec. 22, Art. VI)
LEGISLATIVE
INVESTIGATION
(Sec. 21, Art. VI)
any person
committees
3. As to subject matter
Matters related to
the
department
only
Article VII:
EXECUTIVE DEPARTMENT
I. ELECTION
1. Regular second Monday of May,
every six years;
2. Special
Requisites:
a. death, permanent disability,
removal
from
office
or
resignation of both the President
and the Vice President;
b. vacancies occur more than
eighteen months before the next
regular presidential election;
c. a law passed by Congress calling
for a special election to elect a
President and a Vice President to
be held not earlier than 45 days
nor later than 60 days from the
time of such call.[Sec.10,
Art.VII].
II. POWERS OF THE PRESIDENT
1. EXECUTIVE POWER power to
enforce and administer laws.
President shall have control of
all
executive
departments,
bureaus and offices. He shall
ensure that laws are faithfully
executed. (Sec. 17, Art. VII)
Until and unless a law is
declared
unconstitutional,
President has a duty to execute
it regardless of his doubts as to
its validity (faithful execution
clause) [Sec.1 and 17 Art. VII]
2. POWER OF APPOINTMENT
a. with the consent of the
Commission on Appointments
(i) heads
of
executive
departments;
(ii) ambassadors
and
other
public ministers and
consuls;
(iii) officers of the AFP from the
rank of colonel or naval
captain; and
(iv) other
ministers
whose
appointments are vested in
rebellion
or
offenses
inherent in or directly
connected with invasion.
(viii.) Person arrested must be
charged within 3 days; if
not, must be released.
(ix.)
Proclamation does not
supersede civilian authority.
Effects of Proclamation of Martial Law
1. The President can:
a. Legislate;
b. order the arrest of people who
obstruct the war effort.
2. The following cannot be done:
a. suspend the operation of the
Constitution.
b. Supplant the functioning of the
civil courts and the legislative
assemblies;
c. Confer jurisdiction upon military
courts
and
agencies
over
civilians, where civil courts are
able to function.
Open Court Doctrine civilians
cannot be tried by military
courts if the civil courts are open
and functioning.
d. Automatically
suspend
the
privilege of the writ of habeas
corpus.[Sec.18, par(4), Art.VII].
Four ways for the proclamation or
suspension to be lifted:
1. lifting by the President himself;
2. revocation by Congress;
3. nullification by the Supreme Court;
4. operation of law after 60 days.
6. PARDONING POWER
(SEC. 19, ART. VII)
discretionary, may not be
controlled by the legislature or
reversed by the court, unless
there
is
a
constitutional
violation.
Limitations:
1. cannot be granted in cases of
impeachment;
2. cannot be granted in violations
of
election
laws
without
favorable recommendations of
the COMELEC;
reduction
mitigation of the penalty.
or
AMNESTY
1.
Political
offenses
2.
Classes
persons
3.
4.
PARDON
1.
Infraction
of
peace/ common
crimes
2.
individuals
Requires
concurrence of
Congress
3.
Public act to
which court may
take
judicial
4.
of
Whatever
notice of
5.
Looks backward
and
puts
to
oblivion
the
offense itself
5.
Looks forward
and relieves the
pardonee of the
consequence of
the offense.
6.
May be granted
even before trial
6.
Can be granted
only after
conviction.
is
not
judicial,
whatever is not legislative, is
residual power exercised by the
President (Marcos v. Manglapus,
178 SCRA 760)
Ex-officio chairman
Supreme Court Chief Justice
Ex-officio members
- Secretary of Justice
- Representative of Congress
Regular members
- Representative of the IBP;
- Professor of Law;
- Retired member of SC; and
- Representative of private sector
Secretary de officio
- Clerk of the Supreme Court
Appointment
Regular members shall be appointed
by the President for a 4 year term
with the consent of the Commission
on Appointments.
Powers and Functions of Judicial and
Bar Council:
1. Recommend appointees to the
judiciary;
2. Recommend appointees to the Office
of the Ombudsman and his 5
deputies;
3. May exercise such other functions as
may be assigned by Supreme Court.
(Sec. 8, Art. VIII)
IV. SUPREME COURT
Composition:
Chief Justice and 14 Associate
Justices
-may sit en banc or in its
discretion, in divisions of 3, 5, or 7
members.
- Any vacancy shall be filled within
90 days from occurrence thereof
Powers of the Supreme Court
1. Original Jurisdiction
Over
cases
affecting
ambassadors,
other
public
ministers and consuls;
Over petition for Certiorari,
Prohibition,
Mandamus,
Quo
Warranto, and Habeas Corpus;
and
Review of factual basis for the
declaration of martial law or
4.
7. Possibility of a construction of
statute that can avoid the resolution
of the constitutional question.
Policy of Strict Necessity (Rescue Army
Case) the court must refrain from
exercising judicial review unless all the
requisites for its exercise are fulfilled
because:
1. the danger of exercising the
function, in view of possible
consequences
for
others
stemming
also
from
constitutional roots;
2. comparative finality of those
consequences;
3. consideration
due
to
the
judgment
of
the
other
repositories of constitutional
power concerning the scope of
their authorities;
4. necessity for each to keep within
its own power;
5. inherent limitations of the
judicial process its largely
negative character, and its
limited
resources
for
enforcement;
6. withal in paramount importance
of constitutional adjudication.
Judicial Power includes:
1. duty of courts to settle actual
controversies involving rights which
are
legally
demandable
and
enforceable; and
2. to determine whether or not there
has been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on part of any branch or
instrumentality of government [Sec.
1, Art. VIII].
Grave Abuse of Discretion Amounting to
Lack of Jurisdiction capricious and
whimsical exercise of judgment. The
abuse of discretion must be patent and
gross as to amount to an evasion of
positive duty or a virtual refusal to
perform a duty enjoined by law, or to act
at all in contemplation of law, as where
the power is exercised in an arbitrary
and despotic manner by reason of
passion or hostility (Intestate Estate of
Carmen de Luna v. IAC, 170 SCRA 246).
JUSTICIABLE
QUESTION
POLITICAL
QUESTION
A
definite
and
concrete
dispute
touching on the
legal relations of
parties
having
adverse
legal
interests
which
may be resolved by
a court of law
through
the
application of a
law. (Cutaran v.
DENR, G.R. No.
134958,
January
31, 2001).
Two aspects:
Those
questions
which, under the
Constitution, are to
be decided by the
people in their
sovereign capacity;
or
in regard to which
full
discretionary
authority has been
delegated to the
legislature
or
executive branches
of
government.
(Taada v. Cuenco,
100 Phil 1101)
of
Independent Constitutional
Commissions:
1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (COA)
Prohibitions and Inhibitions
No member of a Constitutional
Commission shall, during his tenure:
1. hold
any
other
office
or
employment;
2. engage in the practice of any
profession
3. engage in the active management
and control of any business which in
any way may be affected by the
functions of his office
4. be financially interested, directly or
indirectly, in any contract with, or in
any franchise or privilege granted by
the Government, any of its
subdivisions,
agencies
or
instrumentalities,
including
government-owned and controlled
corporations or their subsidiaries.
Safeguards
that
guarantee
Independence of Commissions:
1.
they
are
constitutionally
created; may not be abolished by
statute;
2. each is expressly described as
independent;
3. each is conferred certain powers and
functions which cannot be reduced
by statute;
4. the Chairmen and members cannot be
removed except by impeachment;
5. the Chairmen and members are given
fairly a long term of office of 7
years;
6. the Chairmen and members may not
be reappointed or appointed in an
acting capacity (Brillantes v. Yorac,
192 SCRA 358);
7. the salaries of the Chairmen and
members are relatively high and may
not be decreased during continuance
in office;
8. the
Commissions
enjoy
fiscal
autonomy;
9. each Commission may promulgate its
own procedural rules, provided they
do not diminish, increase or modify
substantive rights [though subject to
disapproval by the SC];
10. the Chairmen and members are
subject to certain disqualifications
calculated to strengthen their
integrity;
11. the Commissions may appoint their
own officials and employees in
accordance with Civil Service Law
(Nachura, Reviewer in Political Law,
p.209)
Certiorari Jurisdiction of the Supreme
Court
- Limited to decisions rendered in
actions or proceedings taken cognizance
of the Commissions in the exercise of the
adjudicatory or quasi-judicial functions.
It does not refer to purely executive
powers. Hence, questions arising from
the award of a contract for construction
of voting booths can be brought before
the trial court (Ambil vs. Comelec, G.R.
No. 143398, October 5. 2000)
I. CIVIL SERVICE COMMISSION
Composition:
1 chairman;
2 commissioners
Qualifications:
1. natural-born citizen;
2. at least 35 years old at the time
of appointment;
3. with proven capacity for public
administration; and
4. not a candidate in any election
immediately
preceding
the
appointment.
Term:
7 years without reappointment.
Scope of the Civil Service: embraces
all
branches,
subdivisions,
instrumentalities and agencies of the
Government, including governmentowned and controlled corporations with
original charters [Sec. 2(1), Art. IX-B]
Classes of Service:
a. Career service characterized
by:
1. entrance based on merit and
fitness to be determined by
competitive examination or
based on highly technical
qualifications.
2. Opportunity
for
advancement;
3. Security of tenure
Kinds:
1) open career positions prior
qualification
via
examination;
2) closed career positions
e.g., scientific or highly
technical;
3) career executive service
e.g.,
Undersecretaries,
Bureau Directors;
4) career officers appointed
by President, e.g., foreign
service;
5) positions in AFP, governed by
separate merit system;
6) personnel of GOCCs with
original charter;
7) permanent laborers, whether
skilled,
semi-skilled
or
unskilled.
b. Non-career
Service
characterized by :
of
(to
1 chairman;
6 commissioners
Qualifications:
1. natural-born citizen;
2. at least 35 years old at the time
of appointment;
3. college degree holder ;
4. not
candidate
in
election
immediately
preceding
the
appointment; and
5. majority, including the chairman,
must be members of the
Philippine Bar who have been
engaged in the practice of law
for at least 10 years
Term:
7 years without reappointment.
If however, the appointment was ad
interim, a subsequent renewal of
the appointment does not violate the
prohibition
on
reappointments
because no previous appointment
was confirmed by the Commission on
Appointments. Furthermore, the
total term of both appointments
must not exceed the 7 year limit
(Matibag vs. Benapayo G.R. No.
149036, April2, 2002)
Powers and Functions of COMELEC:
1. enforce and administer law and
regulations relative to conduct of
elections,
plebiscite,
initiative,
referendum or recall;
2. exclusive original jurisdiction over
all contests relating to election,
returns and qualifications of all
elective regional, provincial, and
city officials.
3. Exclusive appellate jurisdiction over
all contests involving elective
municipal officials decided by RTC,
or involving elective barangay
officials by MTC;
4. Decide, except those involving right
to vote, all questions affecting
elections,
including
the
determination
of number
and
location
of
polling
places,
appointment of election officials and
inspectors and registration of voters;
5. Deputize, with concurrence of
President, law enforcement agencies
and instrumentalities for exclusive
6.
7.
8.
9.
Composition:
1 chairman;
2 commissioners.
Qualifications:
1. natural-born citizen;
2. at least 35 years old at the time
of appointment;
3. CPAs with at least 10 years
auditing experience or members
of the Bar with at least 10 years
practice of law; at no time shall
all members belong to the same
profession;
4. Not a candidate in election
immediately
preceding
appointment.
Term:
7 years without reappointment.
Powers and Duties of COA:
1. examine, audit and settle all
accounts pertaining to revenue and
receipts of, and expenditures or uses
of funds and property owned or held
in trust or pertaining to government;
2. keep
general
accounts
of
government and preserve vouchers
and supporting papers;
3. authority to define scope of its audit
and
examination,
establish
techniques and methods required
therefor; and
4. promulgate accounting and auditing
rules and regulations, including
those
for
prevention
and
disallowance.
Jurisdiction of the Commission: no law
shall be passed exempting any entity of
the Government, or any investment of
public funds, from the jurisdiction of the
Commission on Audit (Sec. 3, Art. IX-D)
Article XI:
ACCOUNTABILITY OF
PUBLIC OFFICERS
I.
1.
2.
3.
IMPEACHABLE OFFICERS:
President;
Vice-President;
Justices of the Supreme Court;
2. When
the
President
of
the
Philippines is on trial the Chief
Justice of the Supreme court shall
preside but shall not vote.
3. A decision of conviction must be
concurred in by at least two thirds of
all the members of the Senate.
of
the
or
Effect of Conviction:
1. Removal from Office;
2. Disqualification to hold any other
office under the Republic of the
Philippines;
3. Party convicted shall be liable and
subject to prosecution, trial and
punishment according to law.
Limitations:
1. The House of Representatives shall
have the exclusive power to initiate
all cases of impeachment.
2. Not more than one impeachment
proceeding shall be initiated against
the same official within a period of
one year
- An impeachment case is the legal
controversy that must be decided by
the Senate while an impeachment
proceeding is one that is initiated in
the House of Representatives. For
purposes of applying the-one year
bar
rule,
the
proceeding
is
initiated or begins when a
verified complaint is filed and
referred to the Committee on
Justice for action (Francisco, et al.
vs. House of Representatives, et al.
G.R. No. 160261, November 10,
2003).
III. SANDIGANBAYAN
the
anti-graft
court
shall
continue
to
function
and
exercise its jurisdiction as now
and hereafter may be provided
by law.
Composition:
1 Presiding Justice and 14 Associate
Justices with the rank of Justice of
the CA.
senior superintendent or
higher;
(f.) City/provincial
prosecutors and their
assistants, and officials
and prosecutors in the
Office
of
the
Ombudsman and special
prosecutor; and
(g.) Presidents,
directors,
trustees, or managers
of
GOCCs
state
universities
or
educational institutions
or foundations;
(ii.) Members of Congress and
officials thereof with G27
and up;
(iii.) Members of the Judiciary
without prejudice to the
Constitution;
(iv.) Chairmen and members of
the
Constitutional
Commissions
without
prejudice
to
the
Constitution; and
(v.) All other national and local
officials with G27 or higher;
b. Other offenses or felonies
whether simple or complexed
with other crimes committed by
the
public
officials
and
employees
mentioned
in
Subsection a in relation to their
office;
c. Civil and criminal cases filed
pursuant to and in connection
with E.O. nos. 1, 2, 14 and 14-A
issued in 1986.
2. Exclusive Original Jurisdiction over
petitions for the issuance of the
writs of mandamus, prohibitions,
certiorari, habeas corpus, injunction
and other ancillary writs and
processes in aid of its appellate
jurisdiction,
Provided,
that
jurisdiction over these petitions shall
be not exclusive of the Supreme
Court; and
3. Exclusive Appellate Jurisdiction over
final judgments, resolutions or
orders of regional trial courts
whether in the exercise of their own
THE OMBUDSMAN
Composition:
An Ombudsman to be known
as Tanodbayan
1 overall Deputy; and
at least 1 Deputy each for
Luzon,
Vizayas
and
Mindanao;
A separate Deputy for the
military establishment may
likewise be appointed.
Qualifications of the Ombudsman and
his deputies:
1. natural born citizen;
2. at least 40 years old;
3. of recognized probity and
independence;
4. member of the Philippine Bar;
and
5. must not have been candidates
for any elective office in the
immediately preceding election.
Term of Office:
7 years without reappointment.
Disqualifications and Inhibitions:
During their tenure:
1. shall not hold any other office or
employment;
2. shall not engage in the practice of
any profession or in the active
management or control of any
business which in any way may be
affected by the functions of his
office;
3. shall not be financially interested,
directly or indirectly, in any contract
with, or in any franchise or privilege
granted by the government, or any
of its subdivisions, etc.;
4. shall not be qualified to run for any
office in the election immediately
succeeding
office.
their
cessation
from
Article XII :
NATIONAL ECONOMY AND PATRIMONY
5. peaceful
concerted
activities
including the right to strike in
accordance with law;
6. right to security of tenure;
7. right to human conditions of work;
8. right to participate in policy and
decision-making
affecting
their
rights and benefIts.
Article XIV : EDUCATION
Principal Characteristic of Education
which State must Promote and Protect:
1. quality education;
2. affordable
education
[Sec.1,
Art.XIV];
3. education that is relevant to the
needs of the people [Sec.2(1),
Art.XIV].
Nationalized Educational Activities:
1. ownership, except those established
by religious groups and mission
boards;
2. control and administration; and
3. student
population
[Sec.4(2),
Art.XIV].
Aspects of Academic Freedom:
1. to the institution to provide that
atmosphere which is most conducive
to speculation, experimentation and
creation;
Freedom to determine for itself on
academic grounds:
a. who may teach;
b. what may be taught;
c. how shall it be taught; and
d. who may be admitted to study
(Miriam College Foundation v.
CA, GR No. 127930, December
15, 2000);
- As part of its constitutionally
enshrined academic freedom, the
University of the Philippines has the
prerogative to determine who may
teach its students. The Civil Service
Commission has no authority to force
it to dismiss a member of its faculty
even in the guise of enforcing Civil
Service Rules.(UP v. Civil Service
Commission, GR No.132860, April 3,
2001)
Forms of Consent:
1. Express consent
a. general law
(i.) Act No. 3083 and CA 327 as
amended by Secs. 49-50, PD
1445: money claims arising
from contracts first filed
government
funds
PNB or authorized
depositories cannot
garnishment.
be
subject
to
If Congress, acting as a
Constituent Assembly, omits
to
provide
for
the
implementing
details,
Congress,
acting
as
a
Legislative Assembly this
time,
can
enact
the
necessary
implementing
legislation to fill in the gaps.
(Imbong v. Ferrer, G.R. No.
L-32432.
September 11,
1970).
PROPOSAL
BY
CONGRESS
CONCON
PROPOSAL
BY
PEOPLE
For both
Amendments
and
Revisions
For both
amendments
and
Revisions
For
amendments
only!
AMENDMENT
REVISION
Alteration of one or
a few specific and
isolated provisions
of the Constitution
Reexamination of the
entire Constitution or
an important cluster
of provisions in the
Constitution
2. Ratification
- Proposed amendment(s) shall be
submitted to the people and shall be
deemed ratified by majority of the votes
cast in a plebiscite, held not earlier than
60 days nor later than 90 days:
a. after approval of the proposal by
Congress or ConCon, or;
b.
as
regular
election.(Gonzales
v.
Comelec, 21 SCRA 774) provided the
people are sufficiently informed of the
amendments to be voted upon, to
conscientiously deliberate thereon, to
express their will in a genuine manner.
Submission
of
piece-meal
amendments is unconstitutional. All
the amendments must be submitted
for ratification at one plebiscite
only. The people have to be given a
proper frame of reference in arriving
at their decision. They have no idea
yet of what the rest of the amended
constitution would be. (Tolentino v.
Comelec, G.R. No. L-34150. October
16, 1971).
Questions as to amendments are now
subject to Judicial review. (Sanidad
v. Comelec, 78 SCRA 332)
ADMINISTRATIVE LAW
ADMINISTRATIVE LAW
- Branch of public law that fixes the
organization of the government and
determines competence of authorities
who execute the law and indicates to
the individual remedies for the violations
of his rights.
I. ADMINISTRATIVE BODIES OR AGENCIES
- A body, other than the courts and
the legislature, endowed with quasilegislative and quasi-judicial powers for
the purpose of enabling it to carry out
laws entrusted to it for enforcement or
execution.
How Created:
1. by constitutional provision;
2. by legislative enactment; and
3. by authority of law.
II. POWERS OF ADMINISTRATIVE
BODIES:
1.Quasi-legislative
or
rule-making
power;
2.Quasi-judicial or adjudicatory power;
and
3.Determinative powers.
A. QUASI-LEGISLATIVE OR RULEMAKING POWER
In exercise of delegated legislative
power, involving no discretion as to
what law shall be, but merely
authority to fix details in execution
or enforcement of a policy set out in
law itself.
Kinds:
1. Legislative regulation
a. Supplementary or detailed
legislation, e.g. Rules and
Regulations
Implementing
the Labor Code;
b. Contingent regulation
2. Interpretative
BIR Circulars
legislation, e.g.
2.
QUASIJUDICIAL
FUNCTIONS
consists of
issuance of rules
and regulations
1.
general
applicability
2. applies to a
specific
situation
3. prospective; it
envisages the
promulgation of
a rule or
regulation
generally
applicable in the
future
3.
present
determination
of rights,
privileges or
duties as of
previous or
present time or
occurrence
B. QUASI-JUDICIAL OR ADJUDICATORY
POWER
Proceedings partake of nature of
judicial
proceedings.
Administrative body granted
authority to promulgate its own
rules of procedure.
Two necessary conditions:
1. due process; and
2. jurisdiction
Includes the following powers:
1. Prescribe rules of procedure
2. Subpoena power
3. Contempt Power
Administrative Due Process:
1. right to a hearing;
2. tribunal must consider evidence
presented;
3. decision must have something to
support itself;
4. evidence must be substantial;
5. decision must be based on evidence
adduced at hearing or at least
contained in the record and
disclosed to parties;
6. board of judges must act on its
independent consideration of facts
and law of the case, and not simply
accept view of subordinate in
arriving at a decision; and
7. decision must be rendered in such a
manner that parties to controversy
can know various issues involved and
reason for decision rendered.(Ang
Tibay vs CIR, 69 Phil 635)
Substantial
Evidence
relevant
evidence as a reasonable mind might
accept as adequate to support a
conclusion.
Administrative Determinations Where
Notice and Hearing Not Necessary:
1. summary proceedings of distraint
and levy upon property of delinquent
taxpayer;
2. grant of provisional authority for
increase of rates, or to engage in
particular line of business;
3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
se which affects safety of persons or
property;
5. preventive suspension of officer or
employee pending investigation; and
6. grant or revocation of licenses for
permits
to
operate
certain
businesses affecting public order or
morals.
Administrative Appeal or Review
1. Where provided by law, appeal from
administrative determination may be
made
to
higher
or
superior
administrative officer or body.
2. By virtue of power of control of
President, President himself or
through Department Head may
affirm, modify, alter, or reverse
administrative
decision
of
subordinate.
3. Appellate administrative agency may
conduct
additional
hearing
in
appealed case, if deemed necessary.
Res judicata effect of Administritve
Decisions
- has the force and binding effect of a
final judgment (note: applies only to
judicial and quasi judicial proceedings
not to exercise of administrative
functions, Brillantes vs. Castro 99 Phil.
497)
C. DETERMINATIVE POWERS
1. enabling permit the doing of an act
which
the law undertakes to
regulate;
2. directing order the doing or
performance of particular acts to
ensure compliance with the law and
are often exercised for corrective
purposes
3. dispensing to relax the general
operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty;
4. examining - also called investigatory
power;
5. summary
power
to
apply
compulsion or force against persons
or property to effectuate a legal
purpose without judicial warrants to
authorize such actions.
III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Whenever there is an available
administrative remedy provided
by law, no judicial recourse can
be made until all such remedies
have been availed of and
exhausted.
1. Doctrine of Prior Resort or
(Doctrine of Primary Administrative
Jurisdiction) where there is
competence or jurisdiction vested
upon administrative body to act
upon a matter, no resort to courts
may
be
made
before
such
administrative body shall have acted
upon the matter.
2. Doctrine
of
Finality
of
Administrative Action no resort to
When made:
1. to determine constitutionality or
validity of any treaty, law,
ordinance, executive order, or
regulation;
2. to determine jurisdiction of any
administrative board, commission
or officer;
3. to determine any other questions
of law; and
4. to determine questions of facts
when necessary to determine
either:
a. constitutional or jurisdictional
issue;
b. commission
of
abuse
of
authority; and
c. when
administrative
fact
finding
body
is
unduly
restricted by an error of law.
Modes of review:
1. Statutory;
2. Non-statutory inherent power of
the court to
review such
proceedings upon questions of
jurisdiction and questions of law;
3. Direct proceeding;
4. Collateral attack.
General Rule: Findings of facts of
Administrative Agencies accorded great
weight by the Courts.
Exceptions to the Rule:
1. factual findings not supported by
evidence;
2. findings are vitiated by fraud,
imposition or collusion;
3. procedure which led to factual
findings is irregular;
4. palpable errors are committed; and
5. grave
abuse
of
discretion,
arbitrariness or capriciousness is
manifest.
Brandeis
Doctrine
of
Assimilation of Facts one
purports to be finding of fact but
is
so
involved
with
and
dependent upon a question of
latter,courts will review the
entire case including the latter.
law as to be in substance and
effect a decision on the .
two senses:
1. may refer to endowments,
qualities or attributes which
make an individual eligible for
public office;
2. may refer to the act of entering
into performance of functions of
public office.
Authority to prescribe qualification:
1. when prescribed by Constitution,
ordinarily exclusive, the legislature
may not increase or reduce
qualifications
except
when
Constitution
itself
provides
otherwise as when only minimum or
no qualifications are prescribed( ex:
Art XIII Sec 17 (2), Art VIII Sec 7 (2)
Consti) ;
2. when office created by statute,
Congress has generally plenary
power to prescribe qualification but
such must be:
a. germane to purpose of office;
and
b. not too specific so as to refer to
only one individual.
III. DE FACTO OFFICERS
- one who has reputation of being an
officer that he assumes to be, and
yet is not an officer in point of law.
- a person is a de facto officer where
the duties of the office are exercised
under
any
of
the
following
circumstances:
1. Without a known appointment or
election,
but
under
such
circumstances of reputation or
acquiescence as were calculated
to induce people, without
inquiry, to submit to or invoke
his action, supposing him to the
be the officer he assumed to be;
or
2. Under color of a known and valid
appointment or election, but
where the officer has failed to
conform to some precedent
requirement or condition (e.g.,
taking an oath or giving a bond);
DE FACTO
OFFICER
1.
rests
right
the
1.
on reputation
2.
has lawful or
title
to
the
office
2.
has
possession
and performs the
duties
under
color of right
without
being
technically
qualified in all
IN
POLITICAL LAW
points of law to
act
3.
cannot be
removed in a
direct
proceeding
3.
DE FACTO
OFFICER
may be ousted in
a
direct
proceeding
against him.
INTRUDER
1.
officer
under
any of the 4
circumstances
mentioned
1.
2.
has color of
right or title to
office
2.
has
neither
lawful title nor
color of right or
title to office
3.
3.
acts
are
absolutely void
and
can
be
impeached
in
any proceeding
at
any
time
unless and until
he continues to
act for so long a
time as to afford
a presumption of
his right to act
4.
entitled to
compensation
for services
rendered
4.
not entitled to
compensation
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
COMMENCEMENT
RELATIONS:
1. by appointment; or
2. by election
OF
OFFICIAL
imposition
of
additional duties, usually by law, on
a person already in public office.
Classification of Appointments:
1. Permanent extended to person
possessing
requisite
qualification for the position and
thus enjoys security of tenure;
2. Temporary
acting
appointment, given to a non-civil
service eligible is without a
definite tenure and is dependent
upon the pleasure of the
appointing power;
3. Provisional- is one which may
be
issued
upon
prior
authorization
of
the
Commissioner of Civil service in
accordance with the provisions
of the Civil Service Law and the
rule and standards to a person
who has no t qualified in an
appropriate examination but who
otherwise
meets
the
Ad
interim
appointment
Shall cease to be
valid
if
disapproved by
the CA or upon
the
next
adjournment
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
Preventive Suspension
- a precautionary measure so
that an employee who is formally
charged of an offense may be separated
from the scene of his alleged
misfeasance while the same is being
investigated (Bautista v. Peralta, 18
SCRA 223)
- need not be preceded by prior
notice and hearing since it is not a
penalty but only a preliminary step in an
administrative investigation (Lastimosa
v. Vasquez, 243 SCRA 497)
- the period of preventive suspension
cannot be deducted from whatever
penalty may be imposed upon the erring
officer (CSC Resolution No. 90-1066)
PENDING
INVESTIGATION
[Sec.51, E.O.292]
1. not a penalty
but only a means
of enabling the
disciplinary
authority to
conduct an
unhampered
investigation.
2. no compensation
due for the
period of
suspension even
if found innocent
of the charges.
PENDING
APPEAL
[Sec.27(4), E.O.
292]
1. Punitive in
character
2. If exonerated,
he should be
reinstated with
full pay for the
period of
suspension.
the
proper
disciplining
authority
may
preventively suspend;
b. against whom any subordinate
officer or employee under such
authority;
c. when pending an investigation;
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
Forms of Compensation:
a. salary
personal
compensation to be paid to
public officer for his services
and it is generally a fixed
annual or periodical payment
depending on the time and
not on the amount of the
service he may render;
b. per diem allowance for
days actually spent in the
performance
of
official
duties;
c. honorarium something
given as not as a matter of
obligation,
but
in
appreciation for services
rendered;
d. fee payment for services
rendered or on commission
on moneys officially passing
through their hands; and
e. emoluments profits arising
from the office, received as
compensation for services or
which is annexed to the
office as salary, fees, or
perquisites.
3. Right to Preference in Promotion
Promotion movement from one
position to another with increase
in duties and responsibilities as
authorized by law and usually
accompanied by an increase in
pay.
Next-in-Rank Rule the person
next in rank shall be given
preference in promotion when the
position immediately above his is
vacated.
But the appointing
authority still exercises his
discretion and is not bound by this
rule.
Appointing officer is only
required to give special
reasons for not appointing
officer next in rank if he fills
vacancy by promotion in
disregard of the next in rank
rule. (Pineda vs. Claudio, 28
SCRA 34)
Automatic Reversion Rule all
appointments involved in chain of
f.
g.
h.
IN
POLITICAL LAW
municipal officials in
the district;
iiib. SG
Panglunsod
barangay officials in
the district;
iv. Municipal - punong barangay
and (sg) barangay members;
majority of the PRA members
shall convene in session in a
public place;
recall of the officials
concerned shall be validly
initiated through a resolution
adopted by a majority of all
the PRA members concerned
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
ELECTION LAW
I.SUFFRAGE
- right to vote in election of
officers chosen by people and in
the determination of questions
submitted to people. It includes:
1.election;
2.plebiscite;
3.initiative; and
4.referendum.
Election means by which people
choose their officials for a definite
and fixed period and to whom they
entrust for time being the exercise
of powers of government.
Kinds:
1. Regular election one provided
by law for election of officers
either nationwide or in certain
subdivisions
thereof,
after
expiration of full term of former
members; and
2. Special election one held to fill
vacancy
in
office
before
expiration of full term for which
incumbent was elected.
Failure of Elections
there are
only 3 instances where a failure of
elections may be declared, namely:
a. The election in any polling
place has not been held on
the date fixed on account of
force majeure, violence,
terrorism, fraud, or other
analogous causes;
b. The election in any polling
place had been suspended
before the hour fixed by law
for the closing of the voting
on
account
of
force
majeure,
violence,
terrorism, fraud, or other
analogous causes; and
c. After the voting and during
the
preparation
and
transmission of the election
returns or in the custody or
canvass
thereof
such
election results in a failure
to elect on account of force
majeure, violence,
terrorism, fraud or other
analogous causes. (Joseph
POLITICAL LAW COMMITTEE
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
Postponement of Elections - An
election may be postponed by the
COMELEC either motu proprio or upon
a verified petition by any interested
party when there is violence,
terrorism, loss or destruction of
election paraphernalia or records,
force majeure, or other analogous
cause of such a nature that the
holding of a free, orderly and honest
election becomes impossible in any
political subdivision. (Sec. 5, B.P.
881)
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
LOCAL
POSITIONS
1.
120 minutes
for TV
1.
60 minutes
for TV
2.
180 minutes
for Radio
2.
90 minutes
for Radio
Prohibited Campaign
1. Public
exhibition
of
movie,
cinematograph
or
documentary
portraying the life or biography of a
candidate during campaign period;
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
VIII.
ELECTION CONTESTS
appeal
to COMELEC whose
decision shall be final and
executory;
2. For decisions of COMELEC
petition for review on Certiorari
with SC within 30 days from
receipt of decision on ground of
grave
abuse
of
discretion
amounting to lack or excess of
jurisdiction or violation of due
process;
3. For decisions of Electoral Tribunal
petition for review on Certiorari
with SC on ground of grave abuse
of discretion amounting to lack
or excess of jurisdiction or
violation of due process.
Actions Which May Be Filed:
1. Election Protest
- May be filed by any candidate who
has filed a certificate of candidacy
and has been voted upon for the
same officer;
Grounds:
a. fraud;
b. terrorism;
c. irregularities; or
d. illegal acts
committed before, during, or
after casting and counting of
votes
Time to file: within 10 days from
proclamation of results of election.
2. Quo warranto
- Filed by any registered voter in the
constituency
Grounds:
a. ineligibility; or
b. disloyalty to Republic.
Time to file: within 10 days from
proclamation of results of election.
QUO WARRANTO
IN ELECTIVE
OFFICE
1. determination is
eligibility of
candidate-elect
2. when person
elected is
declared
ineligible, court
QUO WARRANTO
IN APPOINTIVE
OFFICE
1. determination is
legality of
appointment
2. court
may
determine as to
who among the
parties has legal
IX.
title to office
ELECTION OFFENSES
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
Declaration of Policy:
1. Territorial and subdivisions of State
shall enjoy genuine and meaningful
local autonomy to enable them to
attain fullest development and make
them more effective partners in
attaining national goals;
2. Ensure accountability of LGUs
through institution of effective
mechanisms of recall, initiative and
referendum; and
3. Require all national agencies and
offices
to
conduct
periodic
consultations
with
appropriate
LGUs,
NGOs
and
Peoples
Organizations and other concerned
sector of community before any
project or program is implemented
in their respective jurisdictions.
Rules on Interpretation:
1. provision
on
power:
liberally
interpreted in favor of LGU; in case
of doubt, resolved in favor of
devolution of powers;
2. ordinance or revenue measure:
construed strictly against LGU
enacting it and liberally in favor of
tax payer;
3. tax exemptions, incentive or relief
granted by LGU: construed against
person claiming;
4. general welfare provisions: liberally
interpreted to give more powers to
LGUs in accelerating economic
development and upgrading quality
of life for people in community;
5. rights and obligations existing on
date of effectivity of LGC of 1991
and arising out of contracts or any
other source of prestation involving
LGU, shall be governed by original
terms and conditions of said
contracts or law in force at time
such rights were vested; and
6. resolution of controversies arising
under LGC of 1991 where no legal
provision or jurisprudence applies,
resort may be had to customs and
public
corporations created as agencies of
State for narrow and limited
purposes.
2. Municipal corporation body politic
and
corporate
constituted
by
incorporation of inhabitants of city
or
town
purposes
of
local
government thereof or as agency of
State to assist in civil government of
the country.
3. Quasi-public corporation private
corporation that renders public
service or supplies public wants.
IN
POLITICAL LAW
PUBLIC
CORPORATION
PRIVATE
CORPORATION
1. established for
purposes
of
administration
of
civil
and
local
governments
2. creation of State
either by special or
general act
2. created by will of
incorporators
with
recognizance of State
3.
involuntary
consequence
legislation
3.
voluntary
agreement by and
among members
6. Special
metropolitan
political
subdivisions created for sole
purpose of coordination of delivery
of basic services.
Creation of Municipal Corporations
1. For province, city or municipality,
only by Act of Congress;
2. For barangays, ordinance passed by
respective Sanggunian
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
Plebiscite Requirement
approved by a majority of
the votes cast in a plebiscite
called for the purpose in the
political
unit/s
directly
affected (Sec. 10, R.A. 7160)
Based
on
verifiable
indicators of viability and
projected
capacity
to
provide services (Sec. 7, R.A.
7160) [Note: see Annex C]
vested
in
original
territorial
organization shall become vested in
government of municipality.
V. POWERS OF LGUs
Classification of Powers of Local
Government Units
1. Express, implied and inherent;
2. Public or governmental, private or
proprietary;
3. Intramural and extramural; and
4. Mandatory and directory; ministerial
and discretionary.
Governmental Powers of LGU:
1. General Welfare (Sec. 16, R.A.
7160) statutory grant of police
power to LGUs. It is limited to:
a. territoriality;
b. equal protection clause;
c. due process clause; and
d. must not be contrary to law.
2. Delivery of basic services and
facilities (Sec. 17, of R.A. 7160);
3. Power to generate and apply
resources (Sec. 18, of R.A. 7160);
4. Eminent Domain (Sec. 19, of R.A.
7160);
Additional Limitations for Exercise
by LGU:
a. exercise by local chief executive
pursuant to an ordinance;
b. for public use, purpose or
welfare for benefit of poor and
landless;
c. payment of just compensation;
and
d. only after valid and definite
offer had been made to, and not
accepted by owner.(Municipality
of Paraaque v. V.M. Realty
Corp., 292 SCRA 678)
5. Reclassification of Lands (Sec. 20
of RA 7160)
Limited by following percentage of
total agricultural land area:
a. for HUC and independent
component cities: 15%;
b. for component cities and 1st to
3rd class municipalities: 10% ;
and
c. for 4th to 6th class municipalities:
5%.
6. Closure and opening of roads (Sec.
21 of RA 7160)
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
2.
3.
4.
5.
6.
7.
IN
POLITICAL LAW
the
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
MUNICIPAL
LAW
1.
Law of
coordination
1.
2.
Regulates
relation of states
and other
international
persons
2.
Law of
subordination
(issued by
political superior)
Regulates
relations of
individuals among
themselves or
with their own
states
Derived
principally from
treaties,
international
customs and
general principles
of law
3.
Resolved thru
state-to-state
transactions
4.
Redressed thru
local
administrative
and judicial
processes
5.
Collective
responsibility
because it
attaches directly
to the state and
not to its
nationals
5.
Breach of which
entails individual
responsibility
Doctrine
of
incorporation
8.
POLITICAL LAW
Consists mainly of
statutory
enactments, and
to lesser extent
executive orders
and judicial
pronouncements
4.
1.
2.
3.
4.
5.
6.
7.
IN
Principal Purposes of UN
1. Maintain international peace and
security;
2. Develop friendly relations among
nations;
3. Achieve
international
cooperation: and
4. Center for harmonizing actions
of nations for attainment of
these common goals.
Qualifications for Membership:
1. must be state;
2. must be peace loving;
3. must accept obligations of
member-states
contained
in
Charter; and
4. must be able and willing to carry
out such obligation.
Principal Organs of UN:
1.
General Assembly central
organ where all members are
represented. Classification of
functions:
deliberative,
supervisory, financial, elective,
constituent.
2.
Security Council organ
responsible for maintenance of
peace and security, undertake
preventive and enforcement
actions.
3.
Economic and Social Council
exerts efforts towards higher
standards of living, solutions of
international economic, social,
health and related problems,
universal respect for and
observance of human rights
and fundamental freedoms.
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
4.
chief
administrative organ of UN.
Objects:
1. State generally held to be
irrevocable
and
imports
the
recognition of its govt.
2. Government may be withdrawn
and does not necessarily signify the
existence of a state, as the
government may be that of a mere
colony.
3. Belligerent community rebels are
accorded international personality
only in connection with the
hostilities they are waging.
Kinds:
1. express or implied; and
2. conditional or permanent
IN
POLITICAL LAW
Relatively
permanent
2.
vests title
properties
government
abroad
RECOGNITION
DE FACTO
1.
Provisional
(duration
of
armed struggle)
to
of
2.
3.
3.
limited
to
certain juridical
relations
IV.
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
1.
Dereliction
2.
Cession
3. Accretion
3.
Conquest
4. Prescription
4.
2.
5.
Discovery and
occupation
Cession
LOSS
OF
TERRITORY
Conquest and
subjugation
Erosion, or other
natural causes
5. Prescription
Bases of Jurisdiction:
1. Territorial
principle
vests
jurisdiction in state where offense
was committed (Art. 14, NCC);
2. Nationality
principle
vest
jurisdiction in state of offender (Art.
15, NCC, tax laws);
3. Protective
principle
vest
jurisdiction in state whose national
vest
jurisdiction in state which has
custody of offender of universal
crimes (piracy, genocide);
Genocide acts committed with intent
to destroy, in whole and in part a
national, ethnic, racial, or religious
group by:
1. killing members of the group;
2. deliberately inflicting on group
conditions of life calculated to bring
about its physical destruction in
whole or in part;
3. imposing measures intended to
prevent births within the group;
4. causing serious bodily or mental
harm to members of the group; and
5. forcibly transferring children of the
group to another .
Five Air of Freedoms for Scheduled
International Services:
1. freedom to fly across foreign
territory without landing;
2. freedom to land for non-traffic
purposes;
3. freedom to put down traffic
originating in state of aircraft;
4. freedom to embark traffic destined
for state of aircraft; and
5. freedom to embark traffic destined
for, or to put down traffic coming
from, third state.
Exemptions from Jurisdiction:
1. Doctrine of State Immunity;
2. Act of State Doctrine court of one
state will not sit in judgment over
acts of government of another state
done in its territory.
3. Diplomatic Immunity;
4. Immunity
of
UN
Specialized
agencies,
other
International
Organizations, and its Officers;
5. Foreign Merchant vessels exercising
the right of innocent passage;
6. Foreign armies passing through or
stationed in the territory with the
permission of the State;
POLITICAL LAW COMMITTEE
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
Kinds of Consuls
1. consules missi professional or
career consuls who are nationals of
sending state and are required to
devote their full-time to discharge
their duties; and
2. consules electi may or not be
nationals of sending state and
perform consular functions only in
addition to their regular callings.
Ranks:
1. consul-general heads several
consular
districts,
or
one
exceptionally
large
consular
district;
2. consul takes charge of a small
district or town or port;
3. vice-consul assists the consul;
and
4. consular
agent
usually
entrusted with the performance
of certain functions by the
consul.
Privileges and Immunities Accorded to
Diplomatic Envoy: (PCLIST)
1. Inviolability of premises and
archives;
2. Right of official communications;
3. Exemption
from
local
jurisdiction;
4. Personal inviolability;
5. Exemption from subpoena; and
6. Exemption from taxation/custom
duties.
Exterritoriality exception of persons
and property from local jurisdiction on
basis of international customs.
V. TREATY
An
international
agreement
concluded between states in written
form and governed by international law
IN
POLITICAL LAW
Requisites: (SCRAD)
1. Entered into by parties having
treaty-making capacity;
2. Through their authorized organs or
representatives;
3. Without attendance of duress,
fraud, mistake or other vices of
consent;
4. Lawful subject matter and object;
and
5. Ratification in accordance with
their
respective
constitutional
processes.
of
Interpretation of Treaties
1. Founding Father Test;
2. Literal or textual;
3. Teleological aims and
school
objects
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
Basic
political
issues ; changes
of
national
policies
permanent
international
agreements
EXECUTIVE
AGREEMENT
1.
2.
adjustment
of
details carrying
out established
national policies
temporary
arrangements
STATELESSNESS
refuge
in
diplomatic premises
Political Asylum - refuge in another
state for political offense, danger to life,
no assurance of due process.
C. Extradition
POLITICAL LAW COMMITTEE
IN
POLITICAL LAW
Attentat
Clause
assassination of head of
state or any member of his
family is not regarded as
political offense for purposes
of extradition. Also for the
crime of genocide.
6. offense
must
have
been
committed within the territory
or against the interest of the
demanding State
7. double criminality -- act for
which the extradition is sought
must be punishable in both
States
Procedure for Extradition (Judicial
and diplomatic process of request
and surrender) PD 1069
1. Request
through
diplomatic
representative with:
a. decision of conviction;
b. criminal charge and warrant
of arrest;
c. recital of facts;
d. text of applicable law
designating the offense;
e. pertinent papers;
2. DFA forwards request to DOJ;
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
3. DOJ
files
petition
for
extradition with RTC;
4. Upon receipt of a petition for
extradition and its supporting
documents, the judge must study
them and make, as soon as
possible, a prima facie finding
whether (a) they are sufficient in
form and substance, (b) they
show compliance with the
Extradition Treaty and Law, and
(c) the person sought is
extraditable. At his discretion,
the judge may require the
submission
of
further
documentation or may personally
examine
the
affiants
and
witnesses of the petitioner. If,
in spite of this study and
examination, no prima facie
finding is possible, the petition
may be dismissed at the
discretion of the judge.
On the other hand, if the
presence of a prima facie case is
determined, then the magistrate
must immediately issue a
warrant for the arrest of the
extraditee, who is at the same
time summoned to answer the
petition and to appear at
scheduled summary hearings.
Entitlement to Bail
As suggested by the use of the word
conviction,
the
constitutional
provision on bail, as well as Section 4 of
Rule 114 of the Rules of Court, applies
only when a person has been arrested
and detained for violation of Philippine
criminal laws. It does not apply to
extradition
proceedings,
because
extradition courts do not render
judgments of conviction or acquittal.
Exception: after a potential extraditee
has been arrested or placed under the
custody of the law, bail may be applied
for and granted only upon a clear and
convincing showing (1) that, once
granted bail, the applicant will not be a
flight risk or a danger to the community;
and (2) that there exist special,
humanitarian
and
compelling
circumstances including, as a matter of
reciprocity, those cited by the highest
court in the requesting state when it
grants provisional liberty in extradition
cases therein. (Government of the US vs.
IN
POLITICAL LAW
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
X. NEUTRALITY
condition of state that does not
take part, directly or indirectly
in war between other states.
Angary belligerent may upon payment
of just compensation, seize, use or
destroy, in case of urgent necessity for
purposes of offense or defense neutral
property found in its territory, in enemy
territory or on high seas.
NEUTRALITY
NEUTRALIZATION
1. dependent
on
attitude
of
neutral
state,
which is free to
join either of
belligerents any
time it sees fit
1.
result of treaty
wherein
duration
and
other conditions
are agreed upon
by neutralized
state and other
states
2. governed by laws
2.
governed
by
neutralization
agreement
only
3.
intended
to
operate in peace
and in war
4.
applicable
to
portion of state
of nations
3. obtains
during war
become neutral