POLI CLASS NOTES

Three-fold
responsibility
officers
1. Administrative
2. Civil
3. Criminal

(Nov. 10, 2016)

LAW ON PUBLIC OFFICERS
Quo Warranto (Nueno vs. Angeles)
Liabilities ( Gen. Manager, PPA
Monserate)

of

public

vs.

Rights and Privileges

1. Right to compensation
Forms salary per diems, fees,
commissions or requisites of whatever
character (GSIS vs. CSC)
- Honorarium (Santiago vs COA)
- Emoluments (Intia vs. COA; Binay vs.
Sandiganbayan)
2. Compensation of de facto officer
- In good faith
- After notice of adjudication
Prohibition against additional, double or
indirect compensation
XPN: Where specifically authorized by law
Holding two distinct offices and drawing
salary to both office is authorized by law
3. Other rights
a. Constitution Self-organization
- Participation in prohibited
mass action or activity (SSS
Employees Assn. vs. CA)
b. Civil Service Law and Admin. Code
Qualified next in rank employee
(EO. 292 and RA 7160
Next in rank Rule (Medenilla vs.
CSC)
Personnel Actions
a. Appointment through certification
b. Promotion
c. Transfer
d. Reinstatement
e. Detail (distinguish with Transfer)
f. Reassignment (distinguish
with
Transfer and Detail)
g. Demotion
h. Separation
Doctrine of Official Immunity of public
officers
- Distinguish with State or
Sovereign
Immunity
(Sanders v. Verdiano; Chavez
vs. Sandiganbayan)

Administrative liability incurred in a previous

term of an elective official (Condonation
Pascuak vs. Prov. Governor; Salalima vs.
Guingona Jr.; Ombudsman vs. Torres)

(Nov. 17, 2016)

ELECTION LAW
Voters: Registration

Continuing (Akbayan vs COMELEC)

Computerized list
200 voters per precinct
Permanent but may be changed (+ or
-); New voters; Transfer
Deactivation
and
activation;
Cancellation; Inclusion and Exclusion;
Annulment
of
Book
of
Voters
(Sarangani vs COMELEC)

Voters: Opposition to registration

Where to oppose? Election registration
board
How to oppose? File written opposition
When lose Filipino Citizenship
Voters: Inclusion/Exclusion
Where to file? MTC (not COMELEC),
then appeal to RTC (Pungulan vs
Abubakar judicial function)
Grounds:
a) Disapproval or name stricken
out (inclusion)
b) Not qualified or voter not real
(exclusion)
Procedure:
a) File petition (refer to one precinct;
Election Registration Board (ERB)
members as respondent
b) Service of notice
c) Any voter, candidate or political
party may intervene
d) Summary
proceedings
(not
conference inside Chambers)
e) Presentation of evidence
Voters: Annulment of Book of Voters

Where to file? COMELEC

Who files? Any voter, election officer
or registered political party
Grounds:
a) Book prepared improperly
b) Preparation
attended
with
forgery or fraud, intimidation,
bribery
c) Book
contains
statistically
improbable data
Officials: Party-List
Multiple-partism/Party
Loyalty/Social
Justice
Exclusive
to
marginalized
organizations and nominees; political
parties may be registered under party
list system (Ang bagong Bayani OFW
case)
Only in the HoR
Officials: Candidates
Definition: seeks public office and files
COC
Effect of non-filing: not a candidate
(re:
liability for unlawful acts and
omissions)
Effect
of
filing:
on
tenure
of
incumbents (elective and appointive)
Officials: Substitution
Grounds: Death, withdrawal of COC
and disqualification
Both substituted and substitute must
be qualified
When? Up to mid-day of election day
(Rules may set earlier deadline)
Substitute: Qualified and same party
(or spouse)
Substituted can no longer run for any
other position; withdrawal does not
affect liabilities (Pilar vs. COMELEC)
Votes cast for substituted are stray
unless same surname
Officials: Qualifications
Set by the Consti (for national) and
statutes (for local)
Citizenship
Ge
Residency
Registered voter
Literacy

Officials: Disqualifications
Lack
qualifications/possess
disqualifications
Violate term rule
Commission of an election offense
Nuisance candidate no capability in
running for election
Sentenced by final judgment
accessory penalty
Willfully
commits
material
misrepresentation
No valid, timely and properly filed COC
Where to file? COMELEC Division
When? Before proclamation
If not, file Quo Warranto (10 days after
proclamation)
Campaign:
Campaign:
Campaign:
Campaign:
Campaign:

Concept
Allowable forms
Propaganda
Written
Paid ads

Canvassing: Concepts
Collegial body board of canvassers
Determination: due execution and
authencity of ERs and CoVs
Scope: canvassing, pre-proclamation
controversies or manifest errors and
proclamation
Delfin vs. Albano Comelec can
suspend
proclamation
pending
inquiring
into
irregularities/discrepancies
between
various copies of Election Returns.
Mastura vs. COMELEC Comelec can
suspend canvass and if ERs falsified or
tampered, can annul illegal canvass
and order BOC to reconvene.
Canvassing: Pre-Proclamation
Grounds: exclusive (BoC composition/
proceedings
and
ER/CoC)
Preproclamation controversy refers to any
question pertaining to or affecting the
proceedings of the BoC (Macabago vs
COMELEC)
No pre-proclamation cases for national
positions only manifest errors in CoV
or ERs (Chavez vs COMELEC)
Tied votes (Tajanlangit vs COMELEC)

Face of election returns (no evidence

aliunde evidence that is gathered
outside the CoVs or ERs)
No
violence,
voting,
voters,
appreciation of ballots
2 Objection rule: verbal then written
Aratuc vs COMELEC
ER/CoV delayed or destroyed
Delayed (retrieval)
Lost or destroyed (use other copies;
with COMELEC authority)
Material defects: name of candidate
omitted or votes of candidate
Omitted (BEI to correct or recount)
Formal defects: not sealed with i
ER/CoC falsified/Spurious
Grounds: not signed by the BEI,
Prepared by Non-BEI, no security
markings,

Canvassing: Manifest Errors

Any palpable error
Copies of ER tabulated more than one
time
2 copies of ER tabulated separately
mistake in adding
mistake in copying of
Post-proclamation: Election Protest
Grounds: fraud and irregularities in
casting, counting and canvassing
Documents in question: ballots, ERs
and CoCs
Venue:
P/VP,
Senators,
Represenstaative; Regionals; Province;
City; Municipality; Barangay
Requirements: Filed by candidate,
within period; protestee proclaimed;
payment of filing fee; allegations of
fraud; identify precincts; verified;
certificate of non-forum shopping
Procedure: Revision; trial
Post-Election Protests
Ututalam vs Comelec postpone
voting will not substantially affect the
outcome of election
Macabago vs Comelec grounds for
election
protest
and
not
preproclamation
controversy
or
annulment of elections or failure of
elections

Post-Proclamation: Quo Warranto

Grounds:
disloyalty
to
republic,
ineligibility
Venue: same as election protest
If prosper respondent ousted; special
elections or succession
Gayo vs Verceles
Jalosjos vs COMELEC
Quo Warranto
Rule 66 of RoC
What?
Against whom?
Action filed by an individual
Parties and contents of petition
against usurpation
Rights of persons adjudged entitled to
public office
Post-Proclamation: Annulment
Grounds: irregular and illegal canvass
Venue: Comelec division
Post-Pro: Election offense
Grounds: Violation of election code,
commission of prohibited acts
Pilar vs Comelec
EN BANC COMELEC
Administrative
1.
2.
3.
4.
5.
Comparison
Sec.
68
of
OEC:
Petition
for
Disqualifi
cation

Func
tion
Grou

DIVISION
Judicial
1.
2.
3.
4.

Sec.
78
of
OEC
:
Peti
tion
to
Den
y or
Can
cel
CoC

Rule
66 of
RoC:
Petiti
on
for
Quo
Warr
anto

nds
Peri
od
N: Add whether those disqualified candidates
under Sections 68 and 78 could be
substituted

PUBLIC INTERNATIONAL LAW

Is international law a law?
It is a law in a sense that there is consent
from states to abide certain rules on
international law
Book
recommended:
Fundamentals
International Law (Magallona)

of

What is custom?
Two elements of Custom: Material Factor and
Subjective Factor
The Law of Treaties
1969 Vienna Convention on the Law of
Treaties
Convention on the Law of Treaties
between States and International
Organizations between International
Organizations
Definition of treaties; Functions

The making of Treaties negotiations

to termination (Pimentel vs Romulo;
Guerrero vs Blaylock)
Pacta sunt servanda La Chemise vs.
Fernandez; Tanada vs. Angara
Rebus sic stantibus
Succession
to
treaties
(1978
Vienna
Convention on Succession of States
Functions of Treaties
1. Multilateral create norms which are
the basis of the general rule of law;
either codification treaties or law
making treaties
2. Treaty
that
creates
collaborative. universal
3. Bilateral treaties in the nature of
contractual
agreements;
contract
treaties
Making of Treaties
1. Negotiations

2. Consent to be bound expressed by

signature, exchanged of instrument,
ratification, acceptance, approval or
accession
(states
who
did
not
participate in the negotiation would be
bound by the treaty by signing)
3. Entry into force date agreed upon by
the parties; no date = once consent
has been given
Fundamental Principles
1. Pacta Sunt Servanda
Means that international agreements
must be performed in good faith. A
treaty engagement is not a mere
moral obligation but creates a legally
binding obligation on the parties;
agreements should be followed.
2. Non-justification for failure to
perform
A party may not invoke the provisions
of its internal law as justification for its
failure to perform the.
3. Territorials oath of applicability
Rebus sic stantibus
It states that a fundamental change of
circumstances which determined the parties
to accept a treaty, if it has resulted in a
radical transformation of the extent of the
obligations imposed by it, may under certain
conditions, afford the party affected a ground
to invoke the termination of the treaty. The
change must have increased the burden of
the obligations to be executed to the extent
of
rendering
performance
essentially
different from the original intention.
G.R. Fundamental change in circumstances
is not allowed to change/terminate the treaty
XPN:
1. Consent was based on an essential
existence of circumstances
2. The change radically transforms the
obligation of the party to the contract
N: If the above elements are present,
party can terminate the treaty
XPN to the XPN:
1. When the treaty established
boundary between two states

2. If the fundamental change is a result

of a breach of obligation
Requisites of Rebus Sic Stantibus
1. The change must not have been
caused by the Party invoking the
doctrine
2. The
doctrine
cannot
operate
Retroactively, i.e., it must not
adversely affect provisions which have
already been complied with prior to
the vital change in the situation
3. The
change
must
have
been
Unforeseen or unforeseeable at the
time of the perfection of the treaty
4. The doctrine must be invoked within a
reasonable Time
5. The duration of the treaty must be
Indefinite
6. The change must be so Substantial
that the foundation of the treaty must
have altogether disappeared
Clean Slate Rule
When one State ceases to exist and is
succeeded by another on the same territory,
the newly independent State is not bound to
maintain in force, or to become a party to,
any treaty by reason only of the fact that at
the date of the succession of States the
treaty was in force in respect of the territory
to which the succession of States relates.
NOTE: CSR does not apply to boundaries
Cases
Commissioner of Customs vs Eastern
Sea Trading
USAFFE Veterans Assn vs Treasurer
International Law and Municipal Laws
Dualism vs Monism
International Rule; Municpal Rule
Doctrine of Transformation
Doctrine of Incorporation
Cases: Kuroda vs. Jalandoni; USA vs
Guinto; Holy See vs Rosario; Agustin
vs Edu; La Chemise Lacoste vs
Fernandez
Tanada vs. Angara
International Rule
a. International law vs Municipal law
ICJ = International Law will prevail

Municipal Rule
a. International law vs Municipal law
Domestic court = it depends:
If conflict between international law
and constitution = constitution will
prevail
If conflict between international law
and domestic law = depending
which was enforced later, then the
same will prevail
Subjects of International Law: States
Subject an entity that has rights and
responsibilities under international law; it can
be a proper party in transactions involving
the application of the law of nations among
members of the international community.
Subjects
1. Direct subjects
a. States
b. Colonies and dependencies
c. Mandates and trust territories;
belligerent communities;
d. The Vatican;
e. The United Nations; international
administrative bodies; and
f. To a certain extent, individuals.
2. Indirect subjects
a. international organizations; b.
Individuals; and
c. Corporations.
3. Incomplete subjects
a. Protectorates
b. Federal states
c. Mandated and trust territories.
Object a person or thing in respect of
which rights are held and obligations
assumed by the subject; it is not directly
governed by the rules of international law; its
rights are received, and its responsibilities
imposed,
indirectly
through
the
instrumentality of an international agency
Object
A person or thing in respect of which rights
are held and obligations assumed by the
subject.
States
A state is a group of people, living together
in a fixed territory, organized for political
ends under an independent government, and
capable of entering into international
relations with other states.

Elements of a State
1. People
A group of individuals, of both
sexes, living together as a
community.
They
must
be
sufficient in number to maintain
and perpetuate themselves. A
casual gathering (stranded), or a
society of pirates would not
constitute a state.
2. Territory
The fixed portion on the earths
surface occupied by the inhabitants.
3. Government
Must be organized, exercising
control over and capable of
maintaining law and order within
the territory. It can be held
internationally responsible for the
acts of the inhabitants. The
identity of the state is not affected
by changes in government.
4. Sovereignty
Freedom from outside control in the
conduct of its foreign (and internal)
affairs
Self-determination right to freely
determine their political status and freely
pursue their economic, social and cultural
development (two types)
Recognition of States acknowledging the
capacity of an entity to exercise rights
belonging to statehood (Declaratory Theory /
Constitutive Theory)
Recognition
of
Government

acknowledging the capacity of an entity to

exercise powers of government of a State
Succession of States
1. Territory
2. Treaties
3. Properties
4. Contract
Ex: State A joins State B; State A and B
joined together and formed State C; State
A

Moving Treaty Rule

Moving Boundary Rule
Uti Possidetis **
Allows retention of property or territory in the
belligerents actual possession at the time of
the cessation of hostilities.
Fundamental
Rights
of
States
independence,
1. States should not use force against

Other Subjects of international law

1. International Organizations those
set up by treaty among two or more
states
United Nations
Immunities
2. Insurgents difference between
Geneva
Conventions
1949
and
Common Article 3 Internal Conflict
3. National Liberation Movements
Protocol I, 1977 Geneva
4. Individuals
Hors de Comabt **
Out of conflict or combat
Territory: Land, Air and Outer Space
A. Territory
Modes of Acquisition of Sovereign
over Territory
1. Discovery (Island of Palmas
case)
2. Prescription
3. Cession
4. Conquest
5. Accretion and Avulsion
B. Airspace
Chicago
convention
on
International
Civil
Aviation
(1944)
Sovereignty over airspace civil
aircraft/sate aircraft
Distinguish rights of scheduled
flights/non-scheduled flights/ air
services
Cabotage
C. Outer Space
1967 Treaty on the Exploration
and Use of Outer Space

Territory Law of the Sea

Grotius open seas is res
communis
Convention the Law of the Sea
of 1982 (LOS)
Territorial Sea
Baselines, Sovereignty, Right of
innocent passage
Internal waters not subject to
innocent passage right
Archipelagic waters generally
subject to innocent passage;
but
in
the
Philippines,
considered internal waters not
subject to innocent passage but
regulated
Bays
Contiguous Zone
Exclusive Economic Zone
Continental shelf
The Deep Seabed (Common Heritage
of Mankind)
Islands
The High Seas Geneva Convention
on the High Seas; Six freedoms in the
High Seas
Hot Pursuit- rules
Settlement of Disputes
Six Freedoms in the High Seas
1. Navigation
2. Overflight
3. Fishing
4. To lay submarine cables and pipelines
5. Construct artificial islands
6. Conduct scientific research
UNCLOS International Tribunal
Jurisdiction
1. Legislative
2. Executive
3. Judicial
Jurisdiction of States
States jurisdiction defined; legislative,
executive, judiciary
Limited to criminal jurisdiction
Five principles in relation
1. Principle of Territoriality
2. Principle of Nationality
3. Principle of Protective
4. Principle of Universality

5. Principle of Passive Personality

Thalweg doctrine; Effects doctrine
(subjective or objective)
Rules on crimes committed in foreign
vessel French Rule; English Rule
Cases: Asaali vs Commissioner
Doctrine of Effective Nationality link
Stateless persons defined; de jure;
de facto
Piracy in international law; genocide;
crimes against humanity; war crimes
(See statute of international criminal
court Geneva Convention of 12 Aug
1947)
Conflicts of jurisdiction 3 modes of
resolving (1. Balancing Text 2.
International Comity 3. Forum nonconveniens private interest factor or
public interest factor
Extradition defined; 3 principles;
procedure; bail; attentat clause
Principle
of
Specialty;
Double
Criminality Rule
Case: Nottebohm case

Extradition
1. Treaty
2. Crimes
3. Religious and political offenses are not
Immunity from Jurisdiction
Sovereign immunity; immunity of
representative of state
State immunity
Principle of equality of states
Jure imperii / jure gestionis
Diplomatic and consular immunities;
purposes
Diplomatic missions
Rad Vienna Convention on Diplomatic
Relations (1961)
Rights and privileges of Diplomatic
Missions
Cases: Sanders vs Veridiano; USA vs
Ruiz; Jusmag vs NLRC; Syquia vs
Almeda Lopez; Shauf vs CA; US vs
Reyes; Wylie vs Rarang
Consul and consular missions
Read Vienna Convention on Consular
Relations (1967)
1. Freedom of movement
2. Freedom of communicating
3. Personal inviolability

4. Immunity from jurisdiction

5. Liability to give evidence
6. Waiver of Immunity
Act of state doctrine every sovereign
state is bound to respect the
independence of other state, and the
courts of one country will not sit in
judgment on the acts of the
government of another, done within its
own territory
Case: Reyes vs Bagatsing

State Responsibility
Doctrines on the Protection of
aliens/individuals/states responsibility
for inquiries inflicted on individuals
Doctrine of national treatment or
equality of treatment
Minimum
international
standard;
denial of justice
Doctrine of State Responsibility when
inquiry is inflicted, state is responsible

Internationally wrongful act defined

in Art. 2 of 2001 Draft of International
Law Commission; elements (subjective
and objective)
Attribution acts of state organs,
other person, revolutionaries
Preliminary objections
Reparation
Expropriation of Alien Property

International Human Rights Law

Human rights defined
3 generations of Human Rights
Distinguish between
Declaration
Covenant
Minorities rights
Right of Self-determination
(internal, external)

of

peoples