Professional Documents
Culture Documents
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III. Legislative Department........................... 11 XXI. Excessive Fines and Cruel and Inhuman
Punishments ............................................... 70
IV. Executive Department ........................... 21
XXII. Non-Imprisonment for Debts ............. 70
V. Judicial Department................................ 31
XXIII. Double Jeopardy ................................ 70
VI. Constitutional Commissions .................. 37
XXIV. Ex Post Facto and Bills Of Attainder 70
VII. Citizenship ............................................ 40
ADMINISTRATIVE LAW ................................. 72
VIII. National Economy & Patrimony ......... 43
LOCAL GOVERNMENTS ................................ 76
IX. Social Justice & Human Rights ..............47
I. Public Corporations ................................. 77
X. Education, Science, Technology, Arts,
Culture and Sports ..................................... 48 II. Municipal Corporations .......................... 77
I. Fundamental Powers of the State .......... 50 IV. Powers of Local Government Units ...... 80
II. Private Acts and the Bill of Rights .......... 51 PUBLIC OFFICIALS ........................................88
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POLITICAL LAW
CONSTITUTIONAL LAW 1
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(6) Role of the armed forces [Sec. 3] (16) Comprehensive rural development and
(a) Protector of the people and the State agrarian reform [Sec. 21]
(b) Secure the sovereignty of the State and (17) Recognition and promotion of rights of
the integrity of the national territory indigenous cultural communities [Sec. 22]
(7) Compulsory military and civil service [Sec. (18) Community-based, sectoral organizations
4] [Sec.23]
Under conditions provided by law (19) Role of communication and information in
(8) Maintenance of peace and order, nation-building [Sec.24]
promotion of general welfare [Sec. 5] (20) Autonomy of local governments [Sec.
(9) Recognition of a hierarchy of rights 25]
[Bernas] (21) Equal access for public service and
(a) Life prohibition of political dynasties [Sec. 26]
(b) Liberty (22) Honesty and integrity in public service
(c) Property [Sec. 27]
(10) Separation of Church and State [Sec. 6] (23)Policy of full public disclosure [Sec. 28]
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(4) Senate consent to treaties marks its limits, maps out its boundaries
(5) Determination of court jurisdictions via and specifies the public agency to apply it.
legislation [Edu v. Ericta (1970)]
(6) Impeachment
(7) Judicial review N.B. The legislature may leave to another body
the ascertainment of facts necessary to bring
C.5. DELEGATION OF POWERS the law into actual operation. [See Abakada v.
General Rule: Delegata potestas non potest Ermita (2005)]
delegari what has been delegated can no
longer be delegated. D. FORMS OF GOVERNMENT
D.1. DEFINITION
Non-Delegation of Legislative Powers Government corporate governmental entity
General Rule: Only Congress (as a body) may through which the functions of government are
exercise. exercised throughout the Philippines [Rev.
Exceptions: Admin. Code]
(1) Delegated legislative power to local
governments [See Art. IX, Sec. 9] D.2. DE JURE AND DE FACTO
(2) Constitutionally-grafted exceptions GOVERNMENTS
a. Emergency power delegated to the De jure government
Executive during State of War or (1) Has rightful title; but
National Emergency [Art. VI, (2) No power or control [In re Letter of Justice
Sec.23(2)] Puno (1992)]
b. Certain taxing powers of President
[Art. VI, sec.28(2)]. De facto government
Government of fact, that is, it actually exercises
Note: The following are also traditional power or control without legal title. [Co Kim
classified under exceptions, although Cham v. Valdes, (1945)]
Belgica leaves them out of the enumeration
probably for the indicated reasons: The legitimacy of a government installed by
(1) Subordinate legislation by administrative revolution is a political question [Lawyers
agencies [N.B. Not really delegated League v. Aquino (1986)], but the resignation
legislative power] of a president is a justiciable issue [Estrada v.
(2) Power reserved to the people by the Desierto (2001)].
provision on initiative and referendum [N.B.
Not really delegated power]
III. Legislative Department
Tests for Valid Delegation
(1) Completeness test law sets forth the A. WHO MAY EXERCISE LEGISLATIVE
policy to be executed, carried out, or POWER
implemented by the delegate (Abakada, Legislative power is the authority to make laws
infra), such that there is nothing left for the and to alter and repeal them. It is vested in:
delegate to do but to enforce the law (1) The Congress, which consists of a Senate
[Pelaez v.Auditor General (1965)] and a House of Representatives [Art. VI,
(2) Sufficient standard test standard is Sec. 1]
sufficient if it defines legislative policy,
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C.1. PRIVILEGES
B.2. ATONG PAGLAUM GUIDELINES (1) Salaries: Determined by law.
(1) Three different parties or organizations (2) Freedom from Arrest: (1) In all offenses
may participate: (a) national; (b) regional; punishable by not more than six years
or (c) sectoral; imprisonment, and (2) while the Congress
(2) National and regional parties or orgs do is in session. [Sec. 11, Art VI].
not need to (a) organize along sectoral (3) Speech and Debate Clause: No Member
lines or (b) represent any marginalized or shall be questioned nor be held liable in
underrepresented sector; any other place for any speech or debate in
(3) Political parties may participate provided the Congress or in any committee thereof.
they (a) register under the party-list
system; (b) do not field candidates in C.2. DISQUALIFICATIONS
legislative district elections. (1) Incompatible Office: May not hold any
a. A party that participates in the other office or employment in the
legislative district elections may government during his term without
still participate in the party-list forfeiting his seat [Art. VI, Sec. 13].
through a sectoral wing. Forfeiture is automatic. [Adaza v.
b. The sectoral wing can be part of Pacana (1985)].
the political partys coalition, but a. Compare with an ineligible
the former must be registered office in Art. XI-B, Sec. 7
independently in the party-list (2) Forbidden Office: May not be
system. appointed to any office created or the
(4) Sectoral parties or orgs may either be (a) emoluments thereof were increased
marginalized or underrepresented (e.g. during the term for which he was
labor, peasant, fisherfolk); or (b) lacking in elected. [Art. VI, Sec. 13]. He cannot
well-defined political constituencies (e.g. validly take the office even if he is
professionals, women, elderly, youth) willing to give up his seat.
(5) The nominees of sectoral parties or orgs, of (3) (3)Cannot personally appear as
either type, must (a) belong to their counsel before any court, electoral
respective sectors, or (b) have a track tribunal, quasi-judicial and
record of advocacy for their respective administrative bodies during his term
sectors. Majority of the members of a of office. [Art. VI, Sec. 14. See also
sectoral party, of either type, must belong Puyat v De Guzman (1982)]
to the sector they represent. (4) Shall not be financially interested,
(6) National, regional, or sectoral parties or directly or indirectly, in any contract
orgs shall not be disqualified if some of with, or franchise or special privilege
their nominees are disqualified, provided granted by the government during his
they have at least one (1) nominee who term of office. [Art. VI, Sec. 14]
remains qualified. (5) Shall not intervene in any matter
before any office of the government
C. LEGISLATIVE PRIVILEGES, when it is for his pecuniary benefit or
INHIBITIONS AND where he may be called upon to act on
account of his office. [Art. VI, Sec. 14]
DISQUALIFICATIONS
C.1. DUTY TO DISCLOSE
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(1) SALN: a declaration under oath of assets, Members who are outside the country are not
liabilities, and net worth [see Art. XI, Sec. included. [See Avelino v. Cuenco (1949)]
17]
(2) Financial and business interests: Members D.2. VOTING MAJORITIES
must make full disclosure upon Doctrine of Shifting Majority For each House
assumption of office [Art. VI, Sec. 12] of Congress to pass a bill, only the votes of the
majority of those present in the session, there
D. QUORUM AND VOTING being a quorum, are required.
MAJORITIES
D.1. QUORUM Exceptions to Doctrine of Shifting Majority:
Majority of each House shall constitute a (1) Votes where requirement is based on ALL
quorum. THE MEMBERS OF CONGRESS
BUT a smaller number may adjourn from day requirement is based on the entire composition
to day and may compel the attendance of of a house or Congress (in its entirety),
absent members. regardless of the number of Members present
Majority refers to the number of members or absent
within the jurisdiction of the Congress.
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The CA shall rule by a majority vote of all its i. Non-Legislative Powers (Scope)
members. (1) Power to canvass the presidential elections;
It is NOT mandatory to elect 12 Senators to the (2) Declare the existence of war;
Commission. [Guingona v. Gonzales (1993)]. (3) Give concurrence to treaties and amnesties;
(4) Propose constitutional amendments;
Meetings (5) Impeachment;
(1) CA shall meet only while Congress is in
session. ii. Specific Powers
(2) Meetings are held either (a) at the call of (1) Constituent power
the Chairman or (b) by a majority of all its (2) Legislative Inquiries
members. (3) Appropriation
(4) Taxation
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(5)Concurrence in treaties and international (1) Scrutiny: Passive inquiry. Congress may
agreements request information and report from
(6) War powers and delegations powers other branches, and give
recommendations for consideration of
iii. Legislative Inquiries and the Oversight the agency. (e.g. budget hearings)
Functions (Art VI, Sec. 21) (2) Congressional investigation: More
intense digging of facts. (e.g.
Requisites of Legislative Inquiries: [PAR] legislative inquiries)
(1) Must be in aid of legislation (3) Legislative supervision (Legislative
(2) In accordance with duly published rules of Veto): Most encompassing. Allows
procedure Congress to scrutinize the exercise of
(3) Right of persons appearing in or affected by delegated law-making authority, retain
such inquiries shall be respected part of that delegated authority, and
supervise executive agencies. N.B. NOT
Comparison between Legislative Inquiries and allowed under the Constitution.
Question Hour [See also Senate v. Ermita [Abakada Guro Partylist v. Purisima
(2006)] (2008)]
Legislative Inquiries Question Hour
Constitutional Provision Bicameral Conference Committee
Ways of passing bills:
Art. VI, Sec. 21 Art. VI, Sec. 22
(1) Jointly: in a joint session, supra
Topic (2) Separately: each house takes up bill on its
In aid of legislation On any matter own; the houses, in turn, can pass the bill
pertaining to the (a) simultaneously or (b) sequentially:
subjects department
Persons Subjected Bicameral Conference Committee (BCC):
Any person upon Heads of (1) Equal number of members from each
subpoena departments only house
Appearance of Exec. Officials (2) Makes recommendations to houses on how
Appearance of Appearance of to reconcile conflicting provisions/versions
executive officials executive officials via (3) Usually granted blanket authority to
generally mandatory request reconcile the bills.
(4) At the end of the process, the BCC comes
Mere filing of a criminal/administrative up with a Conference Committee Report,
complaint before a court or quasi-judicial body which is then submitted to the respective
should not automatically bar the conduct of chambers for approval. Upon approval, the
legislative inquiry. [Standard Chartered Bank v. bill may be engrossed.
Senate Committee on Banks (2007)]
BCC report need not pass through three
Additional limitation: Executive Privilege(refer readings; may also include entirely new
to discussion on executive privilege / provisions and substitutions. [Tolentino, supra;
presidential privilege, infra) Phil. Judges Association v. Prado (1993)]
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Submission to the President; Presidents Veto Since it is an invalid provision under Art. VI, Sec.
power 25(2), the President may veto a rider as an item.
[Sec 27, Art VI] The executive's veto power does not carry with
In order to become a law, President must sign it the power to strike out conditions or
bill. restrictions.[Bolinao Electronics Corp v. Valencia
If he does not approve, he shall veto and return (1964)]
it with his objections to the house from which it
originated. House shall enter objections in the Doctrine of Inappropriate Provisions a
journal. provision that is constitutionally inappropriate
for an appropriation bill may be singled out for
Veto must be communicated within 30 days veto even if it is not an appropriation item.
from the date of receipt thereof. Otherwise, the [Gonzales v. Macaraig, (1990)]
bill shall become a law as if he signed
it.(Lapsed into law) G.3. NON-LEGISLATIVE
Informing Function
To override the veto, at least 2/3 of ALL the Via legislative inquiries: intended to benefit not
members of each house must agree to pass the only Congress but also the citizenry. [Sabio v.
bill. In such case, the veto is overridden and Gordon (2006)]
becomes a law.
Impeachment [Const., Art. XI]
General Rule: Partial veto is invalid; all-or- The HOR shall have the exclusive power to
nothing initiate all cases of impeachment. [sec. 3(1)]
Exceptions:
(1) Item veto in an appropriation, revenue, or Two modes of initiation:
tariff bill;
(2) Doctrine of Inappropriate Provisions (See Regular Procedure: [Sec. 3(2)(3)]
below)
FILING by (a) any member of the HOR or (b)
any citizen upon endorsement by a member
Item veto of the HOR; followed by REFERRAL to the
President may veto particular items
proper HOR committee
appropriation, revenue or tariff bills. The whole
item (and not just a portion) must be vetoed.
[Bengzon v. Drilon (1992)]
COMMITTEE REPORT by proper committee
Item - in itself, a specific appropriation of (i.e. HOR Committee on Justice), which either
money, not some general provision of law, favorably or unfavorably resolves the
which happens to be in an appropriation bill. complaint
The president cannot veto unavoidable
obligations, i.e. already vested by another law
(e.g. payment of pensions, see Bengzon, supra).
Above resolution AFFIRMED (if favorable) or
OVERRIDDEN (if unfavorable) by vote of 1/3
Veto of a Rider
of all the members of the HOR
Rider provision which does not relate to a
particular appropriation stated in the bill.
Verified complaint or resolution [Sec. 3(4)]
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(2) All other officers of the government whose assumption or re-assumption of office.
appointments are not otherwise provided [Art. VII, Sec. 14]
by law; (2) Midnight appointments ban:
(3) Those whom the President may be President/Acting President shall not
authorized to appoint; make appointments two months
(4) Officers lower in rank whose appointments immediately before the next
Congress may by law vest in the President presidential elections and up to the
alone. end of his term. (Does not extend to
appointments in the Judiciary; see De
Kinds of Appointments: Castro v. JBC)
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Pardon Amnesty
Infractions of peace of Addressed to Political Executive Agreements
the state Offenses International agreements involving
Granted to individuals To classes of persons adjustments in detail carrying out well-
established national policies and traditions
Exercised solely by Requires concurrence
and those involving a more or less temporary
the executive of Congress
character. Distinction between an executive
Private act which Public act which the
agreement and a treaty is purely a
must be pleaded and courts could take
constitutional one and has no international
proved judicial notice
legal significance. President may enter without
Looks forward and Looks backward and
need of Senate concurrence.
relieves the pardonee puts into oblivion the
of the consequences offense itself.
Deportation of undesirable aliens
of the offense
President may deport only according to
Extended after final May be extended at
grounds under law, otherwise, it would be
judgment any stage
unreasonable and undemocratic. [Qua Chee
Gan v. Deportation Board (1963)]
(5) Remit fines and forfeitures, after conviction
by final judgment
2 ways of deporting an undesirable alien.(1)
By order of the President after due
Exceptions: When executive clemency cannot
investigation, pursuant to sec. 69 of the
be extended:
Revised Administrative Code; (2) by the
(1) In cases of impeachment
Commissioner of Immigration under section 37
(2) As otherwise provided in the Constitution
of the immigration Law [Qua Chee Gan, supra]
(e.g. for election offenses- No pardon,
amnesty, parole or suspension of sentence
B.7. POWERS RELATIVE TO
shall be granted by the President without
favorable recommendation of the APPROPRIATION MEASURES
COMELEC. [Art. IX, sec. 5])
Contracting and guaranteeing foreign loans
B.6. DIPLOMATIC POWER Requisites for contracting and guaranteeing
foreign loans:
Scope of Diplomatic Power - The President,
(1) With the concurrence of the Monetary
being the head of state, is regarded as the sole
Board [Art. VII, Sec. 20]; read: not
organ and authority in external relations and is
Congress.
the countrys sole representative with foreign
(2) Subject to limitations by law. [Art. XII, Sec.
nations.
2]
(3) Information on foreign loans obtained or
Treaty-making power
guaranteed shall be made available to the
No treaty or international agreement shall be
public [Art. XII, Sec. 2]
valid and effective unless concurred in by at
least two-thirds of all the members of the
Prepare and Submit the Budget
Senate. [Art. VII, sec. 21]
The President shall submit to Congress within
thirty days from the opening of every regular
Note: The President RATIFIES a treaty (not the
session, as the basis of the general
Senate); the Senate merely CONCURS. [Bayan
appropriations bill, a budget of expenditures
v. Exec. Sec.]
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and sources of financing, including receipts (1) When President acts under the
from existing and proposed revenue measures. Commander-in-Chief clause, he acts under
[Art. VII, Sec. 22] a constitutional grant of military power,
which may include the law-making power.
Fixing of tariff rates [Sec 28, Art VI] (2) When President acts under emergency
Congress may, by law, authorize the President powers, he acts under a Congressional
to fix: delegation of law-making power.
(1) Tariff rates
(2) Import and export quotas B.9. VETO POWER
(3) Tonnage and wharfage dues General rule: All bills must be approved by the
(4) Other duties or imposts within the President before they become law
framework of the national development
program of the Government. Exceptions: A bill becomes law despite lack of
approval:
B.8. DELEGATED POWERS (1) The veto of the President is overridden by
Principle: The President, under martial rule or 2/3 vote of all the members of the House
in a revolutionary government, may exercise where it originated;
delegated legislative powers. [See Art. VI, Sec. (2) The bill lapsed into law;
23(2)] Congress may delegate legislative (3) The bill passed is the special law to elect
powers to the president in times of war or in the President and Vice-President.
other national emergency. (Bernas)
B.10. RESIDUAL POWERS
Emergency powers The President has unstated residual powers,
In times of war or other national emergency, which are implied from the grant of executive
Congress, may authorize the President to power necessary for her to comply with her
exercise powers necessary and proper to carry Constitutional duties, such as to safeguard and
out a declared national policy. [See Art. VI, Sec. protect the general welfare. It includes powers
23 for restrictions] N.B. President can declare unrelated to the execution of any provision of
a state of national emergency but cannot law. [See Marcos v. Manglapus (1988)]
confer on himself emergency powers without
Congress. [See David v. Arroyo (2006)] B.11. EXECUTIVE PRIVILEGE
See discussion under Presidential Privilege.
Different from the Commander-in-Chief clause:
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C. RULES ON SUCCESSION
C.1. PRESIDENT
Death or permanent Vice-President-elect shall
disability of the President- become President
elect
President-elect fails to Vice-President-elect shall
qualify act as President until the
President-elect shall have
qualified
Vacancy President shall not have Vice-President-elect shall
at the been chosen act as President until a
Beginning President shall have been
of the chosen and qualified.
term No President and Vice- SenatePresident or, incase In the event of inability of
President chosen nor shall of his inability,Speaker of the SP and Speaker,
have qualified, or both shall the House of Congress shall, by law,
have died or become Representatives, shall act provide for the manner in
permanently disabled as President until a which one who is to act as
President or a Vice- President shall be selected
President shall have been until a President or Vice-
chosen and qualified. President shall have
qualified.
Death, permanent Vice-President shall
disability, removal from become President
office, or resignation of the
President
Death, permanent Senate President or, in case Congress, by law, shall
Vacancy
disability, removal from of his inability, the Speaker provide for the manner in
during
office, or resignation of of the House of which one is to act as
the term
President ANDVice- Representatives, shall act President in the event of
President as President until a inability of the SP and
President or Vice-President Speaker.
shall be elected and
qualified.
When President transmits Such powers and duties
to the Senate President and shall be discharged by the
the Speaker of the House Vice-President as Acting
his written declaration that President, until the
he is unable to discharge President transmits to them
the powers and duties of his a written declaration to the
office contrary
When a Majority of all the The Vice-President shall
members of the Cabinet immediately assume the
transmit to the Senate powers and duties of the
President and the Speaker office as Acting President
their written declaration until the President
that the President is unable transmits to the Senate
Temporary to discharge the powers President and Speaker his
disability and duties of his office written declaration that no
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inability exists.
If after the President Congress determines by a Congress shall convene, if
transmits his declaration of 2/3 vote of both houses, not in session, within 48
his ability to discharge his voting separately, that the hours. And if within 10 days
office, and a majority of President is unable to from receipt of the last
members of the Cabinet discharge the powers and written declaration or, if not
transmit within 5 days to duties of his office, the Vice- in session, within 12 days
the Senate President and President shall act as after it is required to
Speaker their written President; otherwise, the assemble.
declaration that the President shall continue
President is unable to exercising the powers and
discharge the powers and duties of his office
duties of his office,
Congress shall decide the
issue.
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(6) The SC has administrative supervision over (2) Lack of judicially discoverable and
all lower courts and their personnel. (art. manageable standards for resolving it
VIII, sec. 6.) (3) The impossibility of deciding without an
(7) The SC has exclusive power to discipline initial policy determination of a kind clearly
judges of lower courts. [Art. VIII, Sec. 11] for non-judicial discretion
(8) The members of the SC and all lower courts (4) Impossibility of a courts undertaking
have security of tenure, which cannot be independent resolution without expressing
undermined by a law reorganizing the lack of the respect due coordinate branches
judiciary. [Id.] of government
(9) Members of the judiciary shall not be (5) An unusual need for unquestioning
designated to any agency performing quasi- adherence to a political decision already
judicial or administrative functions. [Art. made
VIII, Sec. 12] (6) Potentiality of embarrassment from
(10) The salaries of judges may not be reduced multifarious pronouncements by various
during their continuance in office. [Art. VIII, departments on one question
Sec. 10] D. APPOINTMENTS TO THE
(11) The judiciary shall enjoy fiscal autonomy[Art. JUDICIARY
VIII, Sec. 3], i.e.guarantee of full flexibility to
D.1. SYNTHESIS OF CONSTITUTIONAL
allocate and utilize their resources with the
AND STATUTORY QUALIFICATIONS
wisdom and dispatch that their needs
Justices of SC and RTC Judge MTC/ MCTC
require.
Collegiate Courts (B.P. 129, Judge (B.P.
(12) The SC alone may promulgate rules of court.
(Const.) Sec. 15) 129, Sec. 26)
[Art. VIII, Sec. 5(5)]
(13) Only the SC may order the temporary detail Citizenship
of judges.[Art. VIII, Sec. 5(3)] Natural-born Filipino
(14) The SC can appoint all officials and Age
employees of the judiciary.[Art. VIII, Sec. At least 40 years At least 35 At least 30
5(6)] old years old years old
Experience
C. JUDICIAL RESTRAINT 15 years or more Has been engaged for at
The judiciary will not interfere with co-equal as a judge or a least 5 years in the practice
branches when: lower court or of law* in the PHLor has
(1) There is no showing of grave abuse of has been held public office in the
discretion engaged in the PHL requiring admission to
(2) The issue is a political question. Even when practice of law in the practice of law as an
all requisites for review have been met, judicial the PHL for the indispensable requisite
review will not be exercised when the issue same period
involves a political question. Tenure
Hold office during good behavior until they
Guidelines for determining whether a question is
reach the age of 70 or
political or not:[Baker v. Carr (369 U.S. 186), as
become incapacitated to discharge their duties
cited in Estrada v. Desierto (2001)]:
Character
(1) There is a textually demonstrable
constitutional commitment of the issue to a Person of proven competence, integrity, probity
political department and independence
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dismissal, disbarment, suspension for more (5) Promulgate rules concerning the protection
than 1 year, or fine of more than P10,000. and enforcement of constitutional rights,
[People v. Gacott (1995)] pleading, practice, and procedure in all courts,
(C) Division cases or matters where the the admission to the practice of law, the
required number of votes to decide or integrated bar, and legal assistance to the
resolve is not met [Sec. 4(3)] under-privileged. [Art. VIII, Sec. 5]
(D) Modifying or reversing a doctrine or
principle of law laid down by the court en Limitations:
banc or in division [Sec. 4(3)] (1) Shall provide a simplified and
(E) Actions instituted by citizen to test the inexpensive procedure for speedy disposition of
validity of a proclamation of martial law or cases
suspension of the privilege of the writ of (2) Uniform for all courts in the same grade
habeas corpus[Sec. 18] (3) Shall not diminish, increase or modify
(F) When sitting as Presidential Electoral substantive rights
Tribunal [Sec. 4(7)]
(G) All other cases which under the Rules of E.4. ADMINISTRATIVE SUPERVISION
Court are required to be heard by the SC en OVER LOWER COURTS
banc. [Art. VIII, Sec. 4(2)] Administrative Powers of the Supreme Court
(1) Assign temporarily judges of
Requirement and Procedures in Divisions lower courts to other stations as
(A) Cases decided with concurrence of majority public interest may require;
of members who actually took part in the (2) Order a change of venue or place of trial to
deliberations and voted. avoid a miscarriage of justice;
(B) In no case without the concurrence of at (3) Appoint all officials and employees of the
least three. Judiciary in accordance with the Civil Service
(C) When required number is not obtained, the Law;
case shall be decided en banc. (4) Supervise all courts and the personnel
a. Cases v. Matters. Only cases are thereof;
referred to en banc for decision when (5) Discipline judges of lower courts, or order
required votes are not obtained. their dismissal.
b. Cases are of first instance; matters are
those after the first instance, e.g. MRs E.5. ORIGINAL AND APPELLATE
and post-decision motions. JURISDICTION
c. Failure to resolve a motion because of a Original Jurisdiction [Art. VIII, Sec. 5[1]]
tie does not leave case undecided. MR is (1) Cases affecting ambassadors, other public
merely lost. [See Fortrich v. Corona ministers and consuls
(1999)] (2) Petition for certiorari
(3) Petition for prohibition
The SC En Banc is not an appellate court vis-- (4) Petition for mandamus
vis its Divisions. [Firestone Ceramics v. CA, (5) Petition for quo warranto
(2001)] (6) Petition for habeas corpus
E.3. PROCEDURAL RULE MAKING Appellate Jurisdiction [Art. VIII, Sec. 5(2)]
The Supreme Court shall have the following (1) Cases involving the constitutionality or
powers: xxx validity of any treaty, international or
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executive agreement, law, presidential (1) Court actions such as the result of the raffle
decree, proclamation, order, instruction, of cases and the actions taken by the Court
ordinance, or regulation on each case included in the agenda of the
(2) Cases involving the legality of any tax, Courts session on acts done material to
impost, assessment, or toll, or any related pending cases; except where a party litigant
penalty requests information on the result of the
(3) Cases where the jurisdiction of any lower raffle of the case, per Internal Rules of the
court is in issue Supreme Court (IRSC);
(4) Criminal cases where the penalty imposed (2) Court deliberations or the deliberations of
is reclusion perpetua or higher. the members in court sessions on pending
(5) Cases where only a question of law is cases and matters.
involved. (3) Court records which are pre-decisional
and deliberative in nature; in particular,
F. JUDICIAL PRIVILEGE documents and other communications
See SC Resolution dated February 14, 2012, In which are part of or related to the
Re: Production of Court Records and deliberative process, e.g., notes, drafts,
Documents and the Attendance of Court research papers
officials and employees as witnesses
Additional Rules:
Judicial Privilege (1) Confidential Information secured by justices,
A form of deliberative process privilege; court judges, court officials and employees in the
records which are pre-decisional and course of their official functions, mentioned
deliberative in nature are thus protected and in (2) and (3) above, are privileged even
cannot be the subject of a subpoena after their term of office.
A document is pre-decisional if it precedes, in (2) Records of cases that are still pending for
temporal sequence, the decision to which it decision are privileged materials that
relates. cannot be disclosed;except only for
pleadings, orders and resolutions that have
A material is deliberative on the other hand, if it been made available by the court to the
reflects the give-and-take of the consultative general public.
process. The key question is whether disclosure (3) Principle of comity (inter-departmental
of the information would discourage candid courtesy) demands that highest officials of
discussion within the agency. each dept. be exempt from the compulsory
processes of the other depts.
Judicial Privilege is an exception to the general (4) These privileges belong to the Supreme
rule of transparency as regards access to court Court as an institution, not to any justice or
records. judge in his or her individual capacity. No
Court deliberation sare traditionally considered one can claim Exceptions[i.e. waive the
privileged communication. privilege] without the consent of the Court.
Summary of Rules
The following are privileged documents or
communications, and are not subject to
disclosure:
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(3) Appointive official; for any other office Power to declare failure of election COMELEC
or employment in the govt., or GOCCs may exercise power motu proprio or upon a
or its subsidiary. (Art. IX-B, Sec. 7[2]), verified petition, and the hearing of the case
unless otherwise allowed by law OR by shall be summary in nature.
the primary functions of his position
(4) Decide administrative questions pertaining
*No office or employee in the civil service shall to elections except the right to vote.
engage directly or indirectly, in any (5) File petitions in court for
electioneering or partisan political activity.(Art. inclusion/exclusion of voters.
IX-B, Sec. 2[4]) (6) Investigate/prosecute cases of election law
violations.
B.2. COMMISSION ON ELECTION
Functions and Powers The COMELEC has exclusive jurisdiction to
(1) Enforce all laws relating to the conduct of investigate and prosecute cases for violations of
election, plebiscite, initiative, referendum election laws. [De Jesus v. People (1983)]
and recall. COMELEC may validly delegate this power to
the fiscal. [People v. Judge Basilia (1989)]
Initiative The power of the people to propose
amendments to the Constitution or lawsin an (7) Recommend pardon, amnesty, parole or
election called for that purpose. Three systems: suspension of sentence of election law
initiative on (1) Constitution, (2) statutes, or (3) violators.
local legislation [R.A. 6735, Sec. 2(a)]. (8) Deputize law enforcement agencies and
govt instrumentalities for the exclusive
Referendum The power of the electorate to purpose of ensuring free, orderly, honest,
approve or reject legislation through an election peaceful, and credible elections.
called for that purpose. Two classes: (9) Recommend to the President the removal of
referendum on (1) statutes or (2) local laws. [Id., any officer or employee it has deputized for
Sec. 2(c)]. violation or disregard of, or disobedience to
its directive.
Recall Termination of a local elective official (10) Registration of political parties,
for loss of confidence prior to the expiration of organizations and coalitions and
his term through the will of the electorate. accreditation of citizens arms.
Plebiscite Submission of const. amendments (11) Regulation of public utilities and media of
or important legislation to the people for information. Note: This power may be
ratification. exercised only over the media, not over
(2) Recommend to Congress effective practitioners of media. [See Sanidad v.
measures to (a) minimize election spending, COMELEC (1990)]
and (b) prevent and penalize all forms of (12) Decide election cases: If the COMELEC
election frauds, offenses, malpractices, and exercises its quasi-judicial functions (e.g.
nuisance candidacies. hearing and deciding election cases) then
(3) Submit to the President and the Congress a the case must be heard through a division. If
comprehensive report on the conduct of the COMELEC exercises its administrative
each election, plebiscite, initiative, functions or hears a motion for
referendum, or recall. reconsideration then it must act en banc.
[Bautista v. COMELEC, 414(2003)].
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Note: Art. IX-D, sec. 3.No law shall be passed General Jurisdiction: All civil service positions in
exempting any entity of the Government or its govt. service, whether career or non-career
subsidiaries in any guise whatever, or any [Const., Rev. Admin. Code]
investment of public funds, from the jurisdiction
of the COA. Specific Jurisdiction: See Revised Uniform Rules
on Administrative Cases in the Civil Service; see
C. PROHIBITED OFFICES AND also CSC Resolution No. 991936, detailing the
disciplinary and non-disciplinary jurisdiction
INTERESTS
No member of the Commissions shall, during
their tenure:
D.2. COMMISSION ON ELECTIONS
(1) Hold any other office or employment. This is Exclusive: All contests relating to the elections,
similar to the prohibition against executive returns and qualifications of all elective regional,
officers. It applies to both public and provincial, and city officials.
private offices and employment. Appellate: All contests involving elected
(2) Engage in the practice of any profession. municipal officials decided by trial courts of
(3) Engage in the active management or general jurisdiction, or involving elective
control of any business which in any way barangay officials decided by a court of limited
may be affected by the functions of his jurisdiction. [Garcia v. De Jesus]
office.
(4) Be financially interested, directly or D.2. COMMISSION ON AUDIT
indirectly, in any contract with, or in any (A) Examine, audit, and settle all accounts (1)
franchise or privilege granted by, the pertaining to revenue, receipts and
Government, its subdivisions, agencies or expenditures or uses (2) of funds and
instrumentalities, including GOCCs or their property, owned, held in trust by, or
subsidiaries. pertaining to (3) the government, any of its
subdivisions, agencies, or instrumentalities,
including GOCCs with original charters
D. JURISDICTION
(B) On post-audit basis:
a. Constitutional bodies, commissions
D.1. CIVIL SERVICE COMMISSION
and officers that have been granted
fiscal autonomy under the Const.
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b. Autonomous state colleges and the case will be brought to the Court of
universities; Appeals.
c. Other GOCCs and their subsidiaries;
and E.2. ADMINISTRATIVE
d. Such non-governmental entities Each Commission shall appoint its own officials
receiving subsidy or equity, directly in accordance with law [Art. IX-A, Sec. 4]
or indirectly, from or through the
government, which are required by Each Commission en banc may promulgate its
law or the granting institution to own rules concerning pleadings and practices
submit to such audit as a condition before it [Id., Sec.6]
of subsidy or equity. [Phil. Society
for the Prevention of Cruelty of Each Commission shall perform such other
Animals v. COA (2007)] functions as may be provided by law [Id., Sec. 8]
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time of the adoption of the 1973 Constitution? Philippine history, government and civics
Citizens under the 1935 Const. (And so on.) are taught or prescribed as part of the
school curriculum, during the entire period
B. MODES OF ACQUIRING of the residence in the Philippines required
CITIZENSHIP of him;
Generally, two modes of acquiring citizenship:
(A) By Birth Special Qualifications [C.A. 473, Sec. 3] ANY
(1) Jus Soli - right of soil; persons will result to reduction of 10-year period to 5
nationality is based on place of years
birth; formerly effective in the (1) Having honorably held office under the
Philippines, see [Roa v. Collector of Government of the Philippines or under that
Customs (1912)] of any of the provinces, cities, municipalities,
(2) Jus Sanguinis right of blood; or political subdivisions thereof;
persons nationality follows that of (2) Established a new industry or introduced a
his natural parents. The Philippines useful invention in the Philippines;
currently adheres to this principle. (3) Married to a Filipino woman;
(B) By Naturalization (4) Engaged as a teacher in the Philippines in a
public or recognized private school not
established for the exclusive instruction of
C. NATURALIZATION AND
children of persons of a particular
DENATURALIZATION nationality or race, in any of the branches of
C.1. NATURALIZATION education or industry for a period of 2 years
Process by which a foreigner is adopted by the or more;
country and clothed with the privileges of a (5) Born in the Philippines.
native-born citizen. The applicant must prove
that he has all of the qualifications and none of Disqualifications [C.A. 473, Sec. 4]
the disqualifications for citizenship. (1) Persons opposed to organized government
or affiliated with groups who uphold and
Qualifications[C.A. 473, Sec. 2] teach doctrines opposing all organized
(1) Not less than 21 years age on the day of the governments;
hearing; (2) Persons defending or teaching the necessity
(2) Resided for a continuous period of 10 years or propriety of violence, personal assault, or
or more; assassination for the success of their ideas;
(3) Good moral character; believes in the (3) Polygamists or believers in polygamy;
principles underlying the Phil. Const.; (4) Persons convicted of crimes involving moral
conducted himself in a proper and turpitude;
irreproachable manner during the entire (5) Persons suffering from mental alienation or
period of his residence. incurable contagious diseases;
(4) Must own real estate in the Phil. worth (6) Persons who during the period of their stay,
P5,000 or more OR must have lucrative have not mingled socially with the Filipinos,
trade, profession, or lawful occupation; or who have not evinced a sincere desire to
(5) Able to speak or write English or Spanish or learn and embrace the customs, traditions,
anyone of the principal languages; and ideals of the Filipinos;
(6) Enrolled his minor children of school age in (7) Citizens or subjects of nations with whom
any of the recognized schools where the Philippines is at war
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(1) Citizens may lease only< 500 Congress may increase Filipino
ha. equity participation.
What capital is covered The 60% 60% of common stock, 60% of preferred voting
requirement applies to both the voting control stock, and 60% of preferred non-voting stock.)
and the beneficial ownership of the public utility. [Gamboa v. Teves (2012)]
Therefore, it shall apply uniformly, separately,
and across the board to all classes of shares, B.1. FILIPINO FIRST
regardless of nomenclature or category, In the grant of rights, privileges, and
comprising the capital of the corporation. (e.g. concessions covering the national economy and
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patrimony, the State shall give preference to (2) Philippine Mining Law (RA 7942)
qualified Filipinos. [Art. XII, Sec. 10] (3) RA 7942 Implementing Rules and
Regulations, insofar as they relate to
The term patrimony pertains to heritage, and financial and technical agreements [La
given the history of the Manila Hotel, it has Bugal-Blaan v. Ramos (Dec. 2004)]
become a part of our national economy and
patrimony. The Filipino First policy provision of The Const. should be construed to grant the
the Const. is per se enforceable, and requires no President and Congress sufficient discretion
further guidelines or implementing rules or laws and reasonable leeway to enable them to
for its operation. [Manila Prince Hotel v. GSIS, attract foreign investments and expertise. [La
(1990)] Bugal-Blaan Assn. v. Ramos, id.]
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(4) National Park [Art. XII, Sec. 3] when the alien later becomes a Filipino citizen
can no longer be recovered by the vendor,
Note: The classification of public lands is a because there is no longer any public policy
function of the executive branch. Their decisions involved. [Republic v. IAC (1989)]
as to questions of fact, is conclusive upon the
courts. [Republic v. Imperial (1999)].To prove F. PRACTICE OF PROFESSIONS
that the land subject of an application for The practice of all profession in the Philippines
registration is alienable, an applicant must shall be limited to Filipino citizens, save in the
conclusively establish the existence of a positive case prescribed by law. [Art. XII, Sec. 14]
act of the government. [Republic v. Candymaker,
Inc. (2006)] G. ORGANIZATION AND REGULATION
OF CORPORATIONS, PRIVATE AND
Alienable lands of the public domain shall be
limited to agricultural lands. [Art. XII, Sec. 3] PUBLIC
Stewardship Concept
Private corporations or associations may not The use of property bears a social function, and
hold such alienable lands of public domain all economic agents shall contribute to the
except (1) by lease, (2) for a period not common good.
exceeding 25 years, and (3) not to exceed 1000
hectares in area. Individuals and private groups, including
corporations, cooperatives, and similar
Citizens of the Philippines may (1) lease not collective organizations, shall have the right to
more than 500 ha., or (2) acquire not more than own, establish, and operate economic
12 hectares thereof by purchase, homestead, or enterprises, subject to the duty of the State to
grant. [Art. XII, Sec. 3] promote distributive justice and to intervene
when the common good so demands. [Art. XII,
Private Lands Sec. 6]
General Rule: No private lands shall be
transferred or conveyed except to individuals, The State shall apply the principles of agrarian
corporations, or associations qualified to reform or stewardship, whenever applicable in
acquire or hold lands of the public domain. [Art. accordance with law, in the disposition or
XII, Sec. 7] utilization of other natural resources, including
lands of the public domain under lease or
Exceptions: concession suitable to agriculture, subject to
(1) Hereditary succession (Art. XII, Sec. 7) prior rights, homestead rights of small settlers,
(2) A natural-born citizen of the Philippines and the rights of indigenous communities to
who has lost his Philippine citizenship may their ancestral lands. [Id., Sec. 6]
be a transferee of private lands, subject to
limitations by law. (Art. XII, Sec. 8) H. MONOPOLIES, RESTRAINT OF
TRADE AND UNFAIR COMPETITION
Consequence of sale to non-citizens: H.1. MONOPOLIES
Any sale or transfer in violation of the The State shall regulate or prohibit monopolies
prohibition is null and void. [Ong Ching Po. v. CA when the public interest so requires. No
(1994)]. HOWEVER, land sold to an alien which combinations in restraint of trade or unfair
was later transferred to a Filipino citizen OR competition shall be allowed. [Art. XII, Sec. 19]
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Monopolies are not per se prohibited by the The promotion of social justice shall include the
Constitution but a determination must first be commitment to create economic opportunities
made as to whether public interest requires a based on freedom of initiative and self-reliance.
monopoly. As monopolies are subject to abuses [Art. XIII, Sec. 2]
that can inflict severe prejudice to the public,
they are subject to a higher level of State Social justice is the humanization of laws and
regulation than an ordinary business the equalization of social and economic forces
undertaking. [Agan, Jr. v. PIATCO (2003)] by the State. It is consistent with the
fundamental and paramount objective of the
H.2. CENTRAL MONETARY AUTHORITY state of promoting the health, comfort, and
[ART. XII, SEC. 20] quiet of all persons, and of bringing about "the
Functions: greatest good to the greatest number."
(1) Provide policy directions in the areas of [Calalang v. Williams (1940)]
money, banking, and credit;
(2) Supervise the operations of banks; B. COMMISSION ON HUMAN RIGHTS
(3) Exercise such regulatory powers as may be
provided by law over the operations of Nature
finance companies and other institutions (1) Independent office
performing similar functions (2) Composition: Chairman and 4 members;
a. Must be natural-born citizens
Currently, the central monetary authority is the b. Majority of shall be members of the Bar.
Bangko Sentral ng Pilipinas. c. Term of office and other qualifications
and disabilities shall be provided by law.
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While CHR cannot try and decide cases (or hear Highest Budgetary Priority to Education
and determine causes) as courts of justice, or The State shall assign the highest budgetary
even quasi-judicial bodies do. To investigate is priority to education [...] [Art. XIV, Sec. 5 (5)]
not to adjudicate or adjudge. [Cario v. CHR
(1991)] Allocation of larger share to debt service vis--
vis education is not unconstitutional. The
DECS already has the highest budgetary
allocation among all department budgets.
Congress can exercise its judgment and power
to appropriate enough funds to reasonably
service debt. Art. XIV, Sec. 5(5) is directive.
[Guingona v. Carague (1991)]
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POLITICAL LAW
CONSTITUTIONAL LAW 2
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DIFFERENCES
Police Power Eminent Domain Taxation
Compensation
None Just compensation None
(The altruistic feeling that one (Full and fair equivalent of the (The protection given and public
has contributed to the public property taken) required. improvements instituted by the
good [NACHURA]) State because of these taxes
[NACHURA])
Use of Property
Not appropriated for public Appropriated for public use Use taxing power as an
use implement for the attainment of
a legitimate police objectiveto
regulate a business or trade
Objective
Measure undertaken for Property taken for public use; it Earn revenue for the government
general comfort, health and is not necessarily noxious
prosperity
Coverage
Liberty and Property Property rights only Property rights only
Exercise of Power
Only by the government May be exercised by private Only by the government
entities when right is conferred
by law
II. Private Acts and the p. 674; July 17, 1986; Emphasis supplied)[People
v. Marti (1991)]
Bill of Rights
It is a declaration and enumeration of a person's III. Due Process
fundamental civil and political rights. It also Due process of law simply states that [i]t is part
imposes safeguards against violations by the of the sporting idea of fair play to hear "the
government, by individuals, or by groups of other side" before an opinion is formed or a
individuals. decision is made by those who sit in judgment.
[Ynot v. IAC (1987)]
The Bill of Rights governs the relationship
between the individual and the state. Its RELATIVITY OF DUE PROCESS
concern is not the relation between individuals, Consideration of what procedures due process
between a private individual and other may require under any given set of
individuals. What the Bill of Rights does is to circumstances must begin with a determination
declare some forbidden zones in the private of the precise nature of the government
sphere inaccessible to any power holder. function involved as well as of the private
(Sponsorship Speech of Commissioner Bernas, interest that has been affected by governmental
Record of the Constitutional Commission, Vol. 1, action. [Cafeteria & Restaurant Workers Union v.
McElroy (1961]
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deportation, for the purpose of (2) Objective: The expectation be one that
deportation.[Salazar v. Achacoso (1990)] society is prepared to recognize as
(2) Warrant of arrest may be issued by reasonable. [Pollo v. Constantino- David
administrative authorities only for the (2011)]
purpose of carrying out a final finding of a
violation of law and not for the sole purpose INTRUSION, WHEN ALLOWED
of investigation or prosecution. It may be (1) By lawful order of the court
issued only after the proceeding has taken (2) When public safety or public order requires
place as when there is already a final otherwise, as may be provided by law.
decision of the administrative authorities.
An intrusion into the privacy of workplaces is
DRUG, ALCOHOL AND BLOOD TESTS valid if it conforms to the standard of
Randomized Drug Testing (RDT) for students reasonableness.Under this standard, both
and employees does not violate the right to inception and scope of intrusion must be
privacy in the Constitution. Students do not reasonable.
have rational expectation of privacy since they (1) Justified at inception: if there are reasonable
are minors and the school is in loco parentis. grounds for suspecting that it will turn up
Employees and students in universities, on the evidence that the employee is guilty of work-
other hand, voluntarily subject themselves to related misconduct.
(2) Scope of intrusion is reasonable: if measures
the intrusion because of their contractual used in the search are reasonable related to
relation to the company or university. the searchs objectives, and it is not highly
intrusive. [Pollo, supra]
It is unconstitutional to subject candidates for
public office and criminals to RDT. The
Constitution clearly provides the requirements WRIT OF HABEAS DATA
for candidates, and adding RDT would amount Query Habeas Data
to imposing an additional qualification. What is the (1) Remedy
Criminals subjected to RDT would violate their writ of habeas (2) Available to any person
right against self-incrimination. [SJS v. data? (3) Whose right to life, liberty,
Dangerous Drugs Board (2008)] and security has been
violated or is threatened
with violation
VI. Privacy of (4) By an unlawful act or
omission
Communications and (5) of a public official or
employee, or of a private
Correspondence individual or entity
(6) Engaged in the gathering,
PRIVATE AND PUBLIC collecting or storing of
data or information
COMMUNICATIONS
regarding the person,
REQUISITES OF EXISTENCE OF PRIVACY RIGHT
family, home and
(1) Subjective: A person has exhibited an actual
correspondence of the
expectation of privacy;
aggrieved party.
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CONTENT-BASED RESTRICTIONS
TESTS
The regulation is based on the subject matter of
DANGEROUS TENDENCY TEST
the utterance or speech.
It is sufficient if the natural tendency and the
Standard of Review: Strictest scrutiny
probable effect of the utterance were to bring
about the substantive evil that the legislative
CONTENT-NEUTRAL RESTRICTIONS
body seeks to prevent. [People v. Perez (1956)]
Regulations on the incidents of speech time,
place and manner.
Standard of Review: Intermediate approach
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COMMERCIAL SPEECH
VIII. Freedom of Religion
Commercial speech is protected speech
although commercial advertising in the U.S. has NON-ESTABLISHMENT CLAUSE
not been accorded the same level of protection The clause prohibits excessive government
given to political speech. One case set down the entanglement with, endorsement or
requirements for protection of commercial disapproval of religion [Victoriano v. Elizalde
speech: Rope Workers Union (1974)])
(1) speech must not be false, misleading or
proposing an illegal activity; ACTS NOT PERMITTED BY NON-ESTABLISHMENT
(2) government interest sought to be served by CLAUSE
regulation must be substantial; (1) Prayer and Bible-reading in public schools
(3) the regulation must advance government [Engel v. Vitale (1967); Abington School
interest; and District v. Schemp (1963)]
(4) the regulation must not be overbroad. (2) Financial subsidy for parochial schools
[Bernas] [Lemon vs. Kurtzman (1971)]
(3) Religious displays in public spaces: Display
PRIVATE VS. GOVERNMENT SPEECH of granite monument of 10 commandments
Parliamentary immunity guarantees the in front of a courthouse is unconstitutional
members the freedom of expression without for being unmistakably non-secular.
fear of being made responsible in criminal or [Glassroth vs. Moore, 335 F.3d 1282 (11th Cir.
civil actions before courts or forum outside of 2003)]
Congress. But this does not protect them from (4) Mandatory religious subjects or prohibition
responsibility from the legislative body. The of secular subjects (evolution) in schools
members may nevertheless be questioned in [Epperson vs. Arkansas (1968)]
Congress itself. (5) Mandatory bible reading in school (a form of
preference for belief over non-belief) [School
District vs. Schempp (1963)]
HECKLERS VETO
(6) Word God in the Pledge of Allegiance:
An attempt to limit unpopular speech. For
religious vs. atheist students [Newdow vs. US
example, an unpopular group wants to hold a
(2003)]
rally and asks for a permit. The government is
not allowed to refuse the permit based upon the
ACTS PERMITTED BY THE ESTABLISHMENT CLAUSE
beliefs of the applicants. But the government
Constitutionally created
can deny the permit, reasoning that it is not
(1) Tax exemption [Art. VI, Sec. 28 (3)]
because the government disapproves of the
(2) Operation of sectarian schools [Art. XIV, Sec.
group's message, it is just afraid that so many
4(2)]
people will be outraged that there might be
(3) Religious instruction in public schools [Art.
violent protests. Under the Free Speech Clause
XIV, Sec. 3(3)]
of Sec. 4 Art. III, the government may not
silence speech based on the reaction (or
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(4) Limited public aid to religion [Art. VI, Sec. The power to tax the exercise of the privilege
29(2)] is the power to control or suppress its
enjoyment [American Bible Society vs. City of
Jurisprudence Manila (1957)]
Religious activities with secular (3) Exemption from union shop
purpose/character. Congress acted merely to relieve persons of
Postage stamps depicting Philippines as the site the burden imposed by union security
of a significant religious event promotes agreements.
Philippine tourism [Aglipay vs. Ruiz, (1937)] (4) Non-disqualification of religious leaders
from local government office [Pamil v.
Government sponsorship of town fiestas. has Teleron (1978)]
secular character [Garces vs. Estenzo (1981)] (5) Working hours from 7:30am to 3:30pm
without break during Ramadan [Re: Request
Book lending program for students in parochial of Muslim Employees in the Different Courts of
schools. benefit to parents and Iligan City (2005)]
students[Board of Education vs. Allen, 392 U.S. (6) Exemption from administrative charge on
236] immorality
Cohabiting with a married man with church
Display of crche in a secular setting depicts sanction evidenced by a document of
origins of the holiday [Lynch vs. Donnely (1984)] Declaration of Pledging Faithfulness
[Estrada v. Escritor (2003)]
Financial support for secular academic facilities
(i.e library and science center) in parochial TESTS
schools has secular use [Tilton vs. Richardson CLEAR AND PRESENT DANGER (FOR RELIGIOUS
(403 U.S. 672)] SPEECH)
In order to justify restraint the court must
Exemption from zoning requirements to determine whether the expression presets a
accommodate unique architectural features of clear and present danger of any substantive evil,
religious buildings i.e Mormons tall pointed which the state has a right to prevent.
steeple [Martin vs. Corporation of the Presiding [American Bible Society v City of Manila (1957)
Bishop (434 Mass. 141)] citing Taada and Fernando on the Constitution
of the Philippines, Vol. 1, 4th ed., p. 297]
FREE EXERCISE CLAUSE
DUAL ASPECT BENEVOLENT NEUTRALITY-COMPELLING STATE
(1) Freedom to believe absolute INTEREST
(2) Freedom to act on ones belief subject to Test where conduct arising from religious belief
regulation is involved.
(1) Has the govt action created a burden on the
LAWS AND ACTS JUSTIFIED UNDER FREE EXERCISE free exercise? Court must look into sincerity
CLAUSE (but not truth) of belief.
(1) Exemption from flag salute in school (2) Is there a compelling state interest to justify
[Ebralinag vs. Division Superintendent of the infringement?
Schools of Cebu (1993)] (3) Are the means to achieve the legitimate
(2) Freedom to propagate religious doctrines state objective the least intrusive? [Escritor,
supra]
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Right to travel
CONSCIENTIOUS OBJECTOR TEST Who: courts (lawful order) or by the appropriate
executive officer.
In the RH LAW: When: in the interest of national security
A conscientious objector should be exempt from (Human Security Act), public safety or public
compliance with the mandates of the RH Law. If health (quarantine)
he is compelled to act contrary to his religious
belief and conviction, it would be violative of the RIGHT TO TRAVEL
principle of non-coercion enshrined in the WATCH LIST ORDER
constitutional right to free exercise of religion. Issued against accused in criminal cases
[Imbong vs. Ochoa (2014)] (irrespective of nationality in RTC or below), any
person with pending case in DOJ. (As of the
Ground for exemption from compulsory military date of this publication, the constitutionality of
service; expanded version provides exemption the watch list orders is being challenged in the
even to those who object war based on non- Supreme Court in Arroyo v. Secretary of Justice)
religious beliefs i.e. non-theist
HOLD-DEPARTURE ORDER
Criteria: Issued against accused in criminal cases
(1) There must be belief in God or a parallel (irrespective of nationality in courts below RTC),
belief occupying a central place in the aliens (defendant, respondent, witness in
believers life pending civil or labor case), any person motu
(2) Religion must involve a moral code proprio by Sec of Justice or request of heads of
transcending individual belief; cannot be depts, ConComm, Congress, or SC.
purely subjective
(3) Demonstrable sincerity in belief must be RETURN TO ONES COUNTRY
shown, but court cannot inquire into its truth Right to return to one's country, a distinct right
or reasonableness [United States v. Seeger, under international law, is independent from
380 U.S. 163 (1965)] although related to the right to travel.
(4) There must be some associational ties.
[Estrada v. Escritor (2003)] The President has the power (residual/implied)
to impair the right to return when such return
poses threats to the government. [Marcos v.
IX. Liberty of Abode and Manglapus (1989)]
Freedom of Movement
X. Right to Information
LIMITATIONS
POLICY OF FULL PUBLIC DISCLOSURE
WHO MAY IMPAIR AND WHEN RIGHTS MAY BE
CURTAILED
V. RIGHT TO INFORMATION
Liberty of abode [See IDEALS v. PSALM (2012)]
Who: courts (lawful order)
When: within limits prescribed by law
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Right To Info On (3) Govt research data used as basis for policy
Policy Of Full Public
Matters Of Public development
Disclosure
Concern
Art. Ii, Sec. 28
Art. Iii, Sec. 7 LIMITATIONS
Matter Restrictions to the right to information may be:
All transactions Matters of public (1) Based on kinds of information
involving public concern Exempted information:
interest; (a) Privileged information rooted in separation
Broad scope, embraces of powers
any matter contained (b) Information of military and diplomatic
in official secrets
communications and (c) Information affecting national security
public documents of (d) Information on investigations of crimes by
the govt agency law enforcers before prosecution [Chavez v.
Demand to Access PEA and Amari (2002)]
Demand or request (e) Trade secrets and banking transactions
required to gain [Chavez v. PCGG (1998)]
access (IDEALS) (f) Offers exchanged during diplomatic
negotiations [Akbayan v. Aquino (2008)]
What is asserted
(g) Other confidential matters (i.e. RA 6713,
DUTY TO DISCLOSE of RIGHT TO ACCESS
closed-door Cabinet meetings, executive
the govt, pursuant to INFO.See below for
sessions, or internal deliberations in the
the policy of full public documents
Supreme Court) [Chavez v. PCG, supra]
disclosure specifically under
(2) Based on access:
scope
(a) Opportunity to inspect and copy records at
Notes his expense. [Chavez v. PEA and Amari,
Public Concern: no supra]
exact definition and (b) Not the right to compel custodians of
adjudicated by the official records to prepare lists, summaries
courts on a case-by- and the like. [Valmonte v. Belmonte (1989)]
case basis; but (3) Based on reasonable regulation for the
examples abound in convenience of and for order in the office that
jurisprudence (e.g. has custody of the documents. [Baldoza v.
peace negotiations, Dimaano (1976)]
board exams, PCGG (4) Based on Availability: right available only to
compromise citizens
agreements, civil
service matters) PUBLICATION OF LAWS AND
REGULATIONS
SCOPE OF RIGHT TO ACCESS General: Full publication is a condition for laws
INFORMATION effectivity.
Essence: matters of public concern
(1) Official records Scope: All statutes [includes those of local
(2) Documents pertaining to official acts application and private laws], presidential
decrees and executive orders by President acting
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under power either directly conferred by the govt. However, such privilege is merely
Constitution or validly delegated by the presumptive, and will not apply to all cases.
legislature, and administrative rules and [Akbayan v. Aquino (2008)]
regulations for implanting existing laws, charter
of a city, circulars by Monetary Board
XI. Right to Association
Internal regulations and letter of instructions
concerning guidelines for subordinates and not Interpretation of for purposes not contrary to
the public are not included law: same as clear and present danger rule,
only such may justify abridgement to the right
Effectivity: Fifteen days after publication unless to form association or society. [Gonzales v.
a different effectivity date is fixed by the COMELEC (1969)]
legislature [Taada v. Tuvera (1986)]
Scope: The right is recognized as belonging to
ACCESS TO COURT RECORDS people whether employed or unemployed, and
Access to court records may be permitted at the whether employed in the government or in the
discretion and subject to the supervisory and private sector. Includes the right to unionize
protective powers of the court, after considering
the actual use or purpose for which the request The freedom of association presupposes a
for access is based and the obvious prejudice to freedom not to associate. An organization may
any of the parties. [Hilado, et al v. Judge (2006)] remove a member if:
(1) It is engaged in some form of expression,
whether public or private
RIGHT TO INFORMATION RELATIVE
(2) The forced inclusion of a member would
TO: significantly affect the organizations ability
GOVERNMENT CONTRACT NEGOTIATIONS to advocate public or private viewpoints [Boy
The constitutional right to information includes Scouts of America v. Dale (2000)]
official information on on-going negotiations
before a final contract. The information, Right to association and right to unionize of
however, must constitute definite propositions government employees do not include the right
by the government, and should not cover to strike. [SSS Employees Assn v. CA (1989)]
recognized exceptions. [Chavez v. Philippine
Estate Authority (2002)]
XII. Eminent Domain
DIPLOMATIC NEGOTIATIONS
Diplomatic secrets (Diplomatic Negotiations CONCEPT
Privilege): Secrecy of negotiations with foreign It is the right of the government to take private
countries is not violative of the right to property with just compensation.
information. Diplomacy has a confidential
nature. While the full text [of the JPEPA] may REQUISITES FOR VALID EXERCISE OF EMINENT DOMAIN
not be kept perpetually confidential, it is in line (1) Private property
with the public interest that the offers (2) Genuine necessity
exchanged during negotiations continue to be (3) For public use
privileged information. Furthermore, the (4) Payment of just compensation
information sought includes docs produced and (5) Due process
communicated by a party external to the PHL
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TRIALS IN ABSENTIA
3 requisites:
(1) Accused failed to appear for trial despite
postponement and notice
(2) Failure to appear is unjustified
(3) After arraignment
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There must be a nexus between right to privacy In recent cases, the US Supreme Court has
and right to life, liberty and security. struck down certain registration requirements
that presented real and appreciable risk of self-
WRIT OF KALIKASAN incrimination. These involved statues directed
Remedy against violation or threat of violation at inherently suspect groups in areas
of constitutional right to a balanced and permeated by criminal statutes, a circumstance
healthful ecology by an unlawful act or which laid the subjects open to real risk of self-
omission of a public official or employee, or incrimination. [Bernas]
private individual or entity, involving
environmental damage of such magnitude as to APPLICATION
prejudice the life, health or property of General Rule: The privilege is available in any
inhabitants in two or more cities or provinces. proceedings, even outside the court, for they
may eventually lead to a criminal prosecution.
EXPANDED APPLICATION:
(1) Administrative proceedings with penal
aspect i.e medical board investigation
[Pascual v. Board of Medical Examiners(1969)],
forfeiture proceeding [Cabal v. Kapunan Jr.
(1962)]
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POLITICAL LAW
ADMINISTRATIVE LAW
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POLITICAL LAW
LOCAL GOVERNMENTS
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Devolution: Act by which the national (4) Valid and definite offer made but not
government confers power and authority upon accepted
the various local government units to perform
specific functions and responsibilities [Sec. 17, B.2. IMMEDIATE ENTRY
LGC] (1) Filing of the complaint for expropriation
sufficient in form and substance
C. TAXING POWER
A.2. GENERAL WELFARE CLAUSE [TWO
C.1. FUNDAMENTAL PRINCIPLES
BRANCHES]
Must be uniform, equitable, and levied for a
GENERAL LEGISLATIVE POWER public purpose; not unjust, excessive, oppressive,
Enact ordinances and make regulations
or confiscatory; not contrary to law, public
necessary to discharge powers and duties.
policy, national economic policy, or in restraint
POLICE POWER PROPER of trade; not left to private person; shall be a
Authorizes the municipality to enact ordinances progressive system of taxation as far as
as may be proper and necessary for health, practicable.
safety, peace, good order, etc.
C.2. LIMITATIONS ON TAXING POWER
A.4. GENERAL WELFARE CLAUSE Taxes already imposed by National Govt:
[LIMITATIONS] Generally, LGUs cannot impose taxes that
(1) Cannot be used to justify an act not are already imposed by the National
authorized by law, and Government (e.g. income tax, documentary
(2) must be exercised via a valid ordinance. stamps, customs duties, excise taxes under
the NIRC, VAT) [See generally, LGC, sec. 133]
B. EMINENT DOMAIN Persons exempted: LGUs cannot impose
B.1. REQUISITES taxes, fees, and charges on (a) countryside
(1) Ordinance authorizing local Chief Executive and barangay business enterprises; (b)
to exercise eminent domain cooperatives duly registered under the
(2) Public use or public purpose Cooperative Code; and National
(3) Payment of just compensation Government, its agencies and
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(6) Unauthorized absence for fifteen (15) acquires jurisdiction to the exclusion of other
consecutive working days tribunals exercising concurrent jurisdiction
Except in the case of members of the local
legislative bodies. Primary jurisdiction where elective officials
(7) Application for, or acquisition of, foreign salary grade is 27 or higher
citizenship or residence or the status of an
immigrant of another country; and Removal: The Ombudsman has the
(8) Such other grounds as may be provided in constitutional power to directly remove from
the LGC and other laws. [LGC, sec. 60(a)] government service an erring public official
other than members of (a) Congress and (b) the
J.2. ADMINISTRATIVE DISCIPLINARY judicial branch, and (c) impeachable officers.
JURISDICTION
Key: Distinguish first whether the administrative J.5. PREVENTIVE SUSPENSION
complaint against the local elective official is I. UNDER LGC / OMBUDSMAN ACT
filed under the LGC or with the Ombudsman. Preventive Suspension Preventive Suspension
Different rules will apply. under the Ombudsman under the LGC
Act
J.3. ADMINISTRATIVE COMPLAINTS (1) The evidence of (1) At any time after
UNDER THE LGC [SEC. 61] guilt is strong; the issues are
Elective Local Official of Complaint filed at AND joined;
(2) Any of the ff. is (2) The evidence
Province, highly Office of the present: of guilt is strong;
urbanized city, President (a) The charge and
independent component against the officer (3)Given the gravity
city, or component city or employee of the offense,
Municipality Sangguniang should involve there is great
Panlalawigan dishonesty, probability that
oppression or the continuance in
Barangay Sangguniang
grave misconduct office of the
Panglungsod or
or neglect in the respondent could
Bayan
performance of influence the
duty; witnesses or pose
Removal: If penalty under the LGC is removal of (b) The charges a threat to the
an elective local official, it must be by order of should warrant safety and
the proper court (RTC) [LGC, sec. 60; Pablico v. removal from integrity of the
Villapando] office; or records and other
(c) The respondents evidence
J.4. ADMINISTRATIVE COMPLAINTS WITH continued stay in
THE OMBUDSMAN office would
Ombudsman exercises concurrent jurisdiction prejudice the case
filed against him
(with courts) over administrative cases against
Maximum period: 6 Maximum period: 60
elective officials below salary grade 27the
months days
body in which the complaint is filed first, and
which opts to take cognizance of the case,
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POLITICAL LAW
PUBLIC OFFICIALS
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I. Public Officials
1. DE JURE OFFICER V. DE FACTO OFFICER (2000, 2004, 2009, 2010)
De Jure De Facto
Rests on right Rests on reputation
Requisites: Requisites:
1. De jure office exists 1. De jure office
2. He legally qualifies for the office 2. Assumed office under color of right or
3. He is lawfully chosen for such office general acquiescence by the public
4. He undertakes to perform the duties 3. Actual possession of office in good faith.
of the office.
Lawful title or right to the office Has possession and performs duties under color
of right without being technically qualified.
Cannot be removed even in a direct proceeding Can be ousted in a direct proceeding against him
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6. KINDS OF APPOINTMENTS (BAR 1990, 1991, 1994, 2010, 1990, 2003, 2005).
Kinds of presidential appointments.
Permanent Temporary/Acting
Regular Ad interim
When made While Congress is in While Congress is not When a permanent
session. in session or during its appointment cannot be
recess made.
Subject to COA Yes, if under the first Yes No
Confirmation? sentence of Art. VII,
Sec. 16.
Security of tenure? Yes Yes No.
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Relative is one who is related within the tenure of the prior appointee to the contested
third degree of either consanguinity or of position had already attached.
affinity
In the last two cases, it is immaterial who the 12. DESIGNATION/APPOINTMENT OF
appointing or recommending authority is. ELECTIVE OFFICIAL AS APPOINTIVE
Therefore, it is no defense that one is not OFFICIAL, EFFECT. (1995, 2002)
related to the appointing authority so long as
The acceptance of an appointment is a
the appointee is the chief of the bureau office
forfeiture of the elective position the official
or the person exercising immediate
holds.
supervision over the appointee.[Bar 2009,
2010, CSC v. Dacoycoy(1999)] 13. APPOINTMENT OF OFFICIALS TO
Exceptions to rule on nepotism: MULTIPLE POSITIONS (2002)
(1) Persons employed in a confidential capacity This is generally not allowed, except when such
(2) Teachers officials can hold other offices when allowed by
law or when the primary functions of their
(3) Physicians
positions requires it. However, they cannot
(4) Members of the Armed Forces of the receive any additional compensation. (CLU v.
Philippines Exec Sec)
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8. PROCEEDINGS UNDER THE OMNIBUS ELECTION CODE (1991, 1993, 1996 2009)
Petition for deny due
Petition for
course or to cancel a Pre-proclamation controversy
disqualification
COC
Governing
Sec. 68 Sec. 78 Secs. 241-248
Provision
Grounds 1. Giving money or 1. Material 1. Illegal composition or
other material representation in the proceedings of the board of
consideration to Certificate of canvassers;
influence, induce or Candidacy that is 2. The canvassed election
corrupt the voters or false returns are incomplete,
the public officials contain material defects,
performing electoral appear to be tampered with or
functions. falsified, or contain
2. Committing acts of discrepancies in the same
terrorism to enhance returns or in other authentic
his candidacy copies thereof as mentioned
3. Spending in his in
election campaign Sections 233, 234, 235 and 23
an amount in excess 6 of this Code;
of that allowed by 3. The election returns were
this code prepared under duress,
4. Soliciting, threats, coercion, or
receivingor making intimidation, or they are
any contribution obviously manufactured or
prohibited under not authentic; and
Secs. 89, 95, 96, 97 4. When substitute or fraudulent
and 104, returns in controverted polling
5. Violating any of Secs. places were canvassed, the
80, 83,85,86 and results of which materially
261, paragraphs affected the standing of the
d,e,k, v and cc. aggrieved candidate or
candidates.
Effect if Prohibition to continue Not treated as a Suspension of proclamation of
granted as a candidate candidate at all, as if he candidate. May lead to annulling
never filed a COC proclamation.
Prescriptive Any day after the last 5 days from last daye of 10 days from proclamation.
Period day of filing CoCs but filing COC.
not later than the date
of proclamation
No pre-proclamation cases allowed in elections for President, VP, Senator and Member of the HOR
(RA 7166) (Asked in 2003)
One whose pre-proclamation controversy has failed may still file an election protest (Aske 1988)
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Allegations of terrorism and vote buying abrogated the ruling in Labo. Under this
cannot be raised in a pre-proclamation latter case, a 2nd placer is not precluded
controversy, but must be raised in an election from being declared the winner. In that
protest. (1987, Sanchez v. Comelec) case, it was held that the doctrine in Labo
The acceptance of an appointment by the was actually just an obiter. The SC added
protestee, or any other act that would mean a that the number of votes obtained by a
forfeiture of the elective office, renders the candidate cannot cure the ineligibility of the
protest moot and academic (1990) candidate.
(c) However, the SC went on to say that the
11. WHAT IS THE EFFECT IF A disqualifying circumstance involved his
CANDIDATE IS DISQUALIFIED, BUT election offenses. . It does not involve the
SUBSEQUENTLY WINS THE commission of election offenses. As the
winner in that case was barred from even
ELECTION? (BAR 1990, 1991,1992, becoming a candidate, his certificate of
1996, 2003, 2005) candidacy is rendered void from the
The answer is based on conflicting beginning. Being a non-candidate, the votes
jurisprudence. Under both doctrines, a a cast in his favor should not have been
candidate who has been disqualified never
became a candidate. counted.
(a) The traditional answer is found in Labo Jr., i. This last portion of the case seems
v. COMELC. Under this doctrine, the 2nd to qualify it only for cases where the
placer was not elected by the voting public. disqualification was due to lack of
Thus, he cannot be considered a winner. qualifications. However, Labo was
The net effect is that the order of succession expressly overturned. If the question
applies. A vice-mayor elect becomes a involves foreign citizenship, its
mayor, the 1st councilor becomes vice- straightforward. If not, qualify to be
mayor, and so on. safe.
(b) However, under Maquiling v. COMELEC
(2013), the Supreme Court expressly
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Congress cant add any more requirements, 14. WHERE TO FILE ELECTION
like an election bond. That would be PROTESTS (1987, 1989, 1990, 1996)
tantamount to a property requirement and Position Where Filed
contrary to the Constitution. (Asked 2013, Barangay MTC/MeTC/MCTC
Maquerra v. Borra) Municipality RTC
Remember that the age requirement Province COMELEC
concerns the candidates age on election day, City COMELEC
not the start of his term, or the date of his HOR HRET
proclamation. (Asked 1988, 1993, 1999) Senate SET
President/Vice-
As for residence, the issuance of a green card President
SC en banc
is proof that the holder is a permanent
resident of the USA, and thus the holder is 15. ALLOCATION OF PARTY-LIST
not a resident of the Philippines. That is,
REPRESENTATIVES (2007)
unless he makes a waiver manifested by an
1. 20% ALLOCATION
act independent of the filing of a certificate of
The combined number of all party-list
candidacy (1993, Caasi v. CA) congressmen shall not exceed 20% of the
total membership of the House of
13. EFFECT OF PARDON (1991) Representatives, including those elected
General Rule: Pardon will not restore the right under the party-list.
to hold public office. (Art. 36, Revised Penal
Code) 2. 2% THRESHOLD
Exceptions: Only those parties garnering a minimum of
(1) When the pardons terms expressly restores 2% of the total votes cast for the party-list
such(Art. 36, RPC); system shall be entitled to one guaranteed
(2) When the reason for granting pardon is non- seat each.
commission of the imputed crime. [Garcia v.
Chairman, COA (1993)] 3. PROPORTIONAL REPRESENTATION
The additional seats shall be computed in
proportion to their total number of votes.
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4. 3- SEAT LIMIT
Each party, regardless of the number of
votes it actually obtained, is entitled to a 16. PREMATURE CAMPAIGNING
maximum of 3 seats; one qualifying and 2 (2012)
additional seats.
In computing the allocation of General Rule: Any election campaign or
additional seats, the continued operation of partisan political activity for or against any
the 2% threshold for the distribution of candidate outside of the campaign period is
the additional seats as found in the second prohibited and shall be considered as an
clause of Sec. 11(b) of R.A. 7941 which election offense. [Sec. 80, B.P. 881
provides that those garnering more than Qualification:
2% of the votes shall be entitled to If a person is not yet a candidate, he cannot
additional seats in proportion to their total be guilty of premature campaigning. Thus, if
number of votes is unconstitutional. The he has not yet filed a COC, he cant
2% threshold frustrates the attainment of prematurely campaign. (asked 2012, Lanot v.
the permissive ceiling that 20% of the COMELEC)
members of the HR shall consist of party-
Further, under RA 9369, one cannot be
list representatives. [Banat vs. Comelec ]
considered a candidate until the start of the
5. There are 2 steps in the second round of seat campaign period. (Penera v. Comelec, 2009)
allocation:
(1) The percentage of votes garnered by each 17. QUO WARRANTO IN ELECTIVE
party-list candidate is multiplied by the OFFICE AND QUO WARRANTO IN
remaining available seats. The whole
integer of the product corresponds to a
APPOINTIVE OFFICE (2012)
partys share in the remaining available Quo warranto Quo warranto in
seats in elective office appointive office
Issue Eligibility or Legality of the
Formula for remaining available seats = loyalty of the appointment
(No. of seats available to party-list officer-elect
representatives) x Guaranteed seats of the Effect Court only Court determines
two-percenters declares who between the
Formula for percentage of votes garnered by elected official parties is entitled
each party-list candidate = not eligible. to take office.
(No. of votes garnered by each party Total Protestant not
no. of votes cast for party-list candidates) declared as
having been
(2) Assign one party-list seat to each of the elected
parties next in rank until all available seats
are completely distributed.
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POLITICAL LAW
PUBLIC INTERNATIONAL
LAW
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f. Exceptions:
B.2. INVIOLABILITY OF PREMISES AND (1) A real action relating to private immovable
ARCHIVES property situated in the territory of the
g. 2 ELEMENTS: receiving state, unless he holds it in behalf of
(1) The duty of the receiving State to refrain from the sending state for the purposes of the
entering the premises, except with the mission.
consent of the head of the mission; and (2) An action relating to succession in which the
(2) The special duty of the receiving state to diplomatic agent involved as executor,
protect the premises against any intrusion or administrator, heir or legatee as a private
damage and to prevent any disturbance of person and not on behalf of the sending
the peace of the mission or impairment of its state.
dignity. (3) An action relating to any professional or
commercial activity exercised by the
B.3. RIGHT OF OFFICIAL diplomatic agent in the receiving state
COMMUNICATION outside his official functions. [Art. 31(1),
The envoy is entitled to fully and freely VCDR]
communicate with his government.
(1) The receiving state shall permit and protect B.5. WHO ARE THE PERSONS ENTITLED
free communication on the part of the TO IMMUNITY FROM JURISDICTION?
mission for all official purposes. (1) Diplomatic agent
(2) The mission may employ all appropriate (2) Members of the family of the diplomatic
means to send and receive messages by any agent forming part of his household, who
of the usual modes of communication or by are not nationals of the receiving State
diplomatic courier, which shall enjoy (3) As to criminal jurisdiction, members of the
inviolability; administrative and technical staff of the
(3) The official correspondence of the mission is diplomatic mission, as well as members of
inviolable; and their families forming part of their
(4) The diplomatic bag shall not be opened or respective households, who are not
detained. [Art. 27, VCDR] nationals of or permanent residents in the
receiving state. But as to civil and
B.4. IMMUNITY FROM LOCAL administrative jurisdiction, immunity shall
JURISDICTION not extend to acts performed outside the
i. As to criminal jurisdiction course of their duties; and
A diplomatic agent enjoys immunity from (4) Members of the service staff of the
criminal jurisdiction of the receiving State. [Art. diplomatic mission, who are not nationals of
31, VCDR] He may not be arrested, prosecuted, or permanent residents in the receiving
prosecuted or punished for any offense he may state, with respect to acts performed in the
commit, unless his immunity is waived. course of their duties. [Art. 37, VCDR]
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B.6. DURATION OF IMMUNITIES AND (2) They shall not be committed to prison nor
PRIVILEGES be subject to any other form of restriction to
These privileges are enjoyed by the envoy from personal freedom, except in the case of
the moment he enters the territory of the grave crime pursuant to a decision of
receiving State, and shall cease when he leaves competent judicial authority, or in the
the country. With respect to official acts, execution of a final judicial decision. [Sec. 41,
immunity shall continue indefinitely. VCCR]
h. RANKS
(1) Consul General: heads several consular districts,
or one exceptionally large consular district
(2) Consul: in charge of a small district or town or
port
(3) Vice Consul: assists the consul
(4) Consular agent: one entrusted with the
performance of certain functions by the consul
i.
B.8. CONSULAR IMMUNITIES AND
PRIVILEGES
(1) Freedom of communication;
(2) Inviolability of archives;
(3) Inviolability of premises;
(4) Personal inviolability of consular officials;
(5) Immunity from local jurisdiction
i. Scope of Personal Inviolability
(1) They are not liable to arrest or detention
pending trial, except in case of a grave
crime and pursuant to a decision of a
competent judicial authority.
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A.1.2. BY NATURALIZATION
A process by which a foreigner acquires,
voluntarily or by operation of law, the
nationality of another state
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Obligation of State Parties under the ICCPR (2) Law of Geneva, which is designed to
State parties are required to take the necessary safeguard military personnel who are no
steps to adopt legislative or other measures longer taking par in the fighting and people
that are necessary to give effect to the rights not actively engaged in hostilities (i.e.
recognized in the ICCPR. civilians) (International Committee Of The
Red Cross [ICRC]).
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS (ICESCR) A. CATEGORIES OF ARMED CONFLICT
The ICESCR, like the ICCPR, is an international (1) INTERNATIONAL ARMED CONFLICTS: EXISTS
covenant which embodies second generation WHEN THERE IS RESORT TO ARMED FORCE
rights, including: BETWEEN/AMONG STATES [PROSECUTOR V.
(1) Right to health; TADIC (ICTY, 1990)]
(2) Right to strike; (2) INTERNAL OR NONINTERNATIONAL ARMED
(3) Right to be free from hunger; CONFLICT: BETWEEN GOVERNMENTAL FORCES
(4) Rights to enjoy the benefits of scientific AND NON-GOVERNMENTAL ARMED GROUPS, OR
progress; BETWEEN SUCH GROUPS ONLY
(5) Freedom for scientific research and creativity. (3) WAR OF NATIONAL LIBERATION: ARMED
CONFLICT IN WHICH PEOPLES ARE FIGHTING
o. OBLIGATION OF STATE PARTIES UNDER AGAINST COLONIAL DOMINATION AND ALIEN
THE ICESR OCCUPATION AND AGAINST RACIST REGIMES IN
State Parties are required to undertake the THE EXERCISE OF THEIR RIGHT TO SELF-
necessary steps to the maximum of its available DETERMINATION. THIS CONFLICT IS CONSIDERED
resources, with a view to achieving progressively AN INTERNATIONAL ARMED CONFLICT UNDER
the full realization of the rights enumerated in ARTICLE 1, 3RD AND 4TH PARS., PROTOCOL 1.
the covenant by all appropriate means.
B. CORE INTERNATIONAL
XII. International OBLIGATIONS UNDER IHL
(1) Parties are prohibited from employing
Humanitarian Law and weapons or means of warfare that cause
unnecessary damage or excessive suffering.
Neutrality (2) Principle of distinction: Parties shall
IHL is the branch of public international law distinguish between civilian population and
which governs armed conflicts to the end that combatants. Civilians shall be spared from
the use of violence is limited and that human military attacks which shall be directed only
suffering is mitigated or reduced by regulating against military objectives.
or limiting the means of military operations and (3) Hors de combat shall be protected and
by protecting those who do not or no longer treated humanely without any adverse
participate in the hostilities. distinction. Their right to life and physical
and moral integrity shall be respected.
IHL HAS TWO BRANCHES: (4) It is prohibited to kill or injure an enemy
(1) Law of The Hague, which establishes the who is hors de combat or who surrenders.
rights and obligations of belligerents in the (5) The wounded and the sick shall be
conduct of military operations, and limits protected and cared for by the party to the
the means of harming the enemy; and conflict which has them in its power.
Protection shall also apply to medical
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personnel, establishments, transports and (2) They may not be forced to reveal military
material. data except their name, rank, serial
(6) Combatants and civilian who are captured number, army and regimental number and
by authority of the party to a dispute are date of birth. They may not be compelled to
entitled to respect for their right to life, work for military services.
dignity, conviction, and other personal (3) All their personal belonging except their
rights. They shall be protected against acts arms and military papers remain their
of violence or reprisals. [Geneva property.
Conventions] (4) They must be interned in a healthful and
hygienic place.
Combatants: Members of the armed forces of a (5) After the conclusion of peace, their speedy
Party to a conflict [Art. 3(2), Protocol 1]. They repatriation must be accomplished as soon
have the right to participate directly and as is practicable.
indirectly in hostilities. [Art 43(2) Protocol 1] N.B.
Only combatants are allowed to engage in C.3. MARTENS CLAUSE/PRINCIPLE OF
hostilities. HUMANITY
In cases not covered by other international
Hors de combat: Under Art. 41(2) of Protocol I, a agreements, civilians and combatants remain
person is hors de combat if he: under the protection and authority of the
(1) Is in the power of an adverse party to the principles of international law derived from
conflict; established custom, from the principles of
(2) He clearly expresses an intention to humanity and from the dictates of public
surrender; or conscience.
(3) He has been rendered unconscious or is
otherwise incapacitated by wounds or C.4. LAW ON NEUTRALITY
sickness, and is therefore incapable of Neutrality is the legal status of a State in times
defending himself, provided that in any of of war, by which it adopts impartiality in relation
these cases, he abstains from any hostile to the belligerents with their recognition.
act and does not attempt to escape.
The Hague Convention Respecting the Rights
C. PRINCIPLES OF INTERNATIONAL and Duties of Neutral Powers (Oct. 18, 1907)
HUMANITARIAN LAW governs the status of neutrality by the following
rules:
C.1. TREATMENT OF CIVILIANS (1) The territory of the neutral Power is
p. SEE PRINCIPLE OF DISTINCTION, inviolable;
SUPRA (2) Belligerents are forbidden to move troops or
munitions of war and supplies across the
C.2. PRISONERS OF WAR: territory of a neutral Power;
q. RIGHTS AND PRIVILEGES: (3) A neutral power is forbidden to allow
(1) They must be treated humanely, shall not belligerents to use its territory for moving
be subjected to physical or mental torture, troops, establishing communication
shall be allowed to communicate with their facilities, or forming corps of combatants.
families, and may receive food, clothing, (4) Troops of belligerent armies received by a
educational and religious articles. neutral Power in its territory shall be
interned by away from the theatre of war;
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(5) The neutral Power may supply them with recognized by the coastal state (Article 5,
food, clothing or relief required by UNCLOS).
humanity; (2) Straight baseline, where the coastline is
(6) If the neutral Power receives escaped deeply indented or cut into, or if there is a
prisoners of war, it shall leave them at fringe of islands along the coast in its
liberty. It may assign them a place of immediate vicinity, the method of straight
residence if it allows them to remain in its lines joining the appropriate points may be
territory; employed in drawing the baseline from
(7) The neutral power may authorize the which the breadth of the territorial sea is
passage into its territory of the sick and measured (Article 7, UNCLOS).
wounded if the means of transport bringing
them does not carry personnel or materials B. ARCHIPELAGIC STATES
of war It is a state made up of wholly one or more
archipelagos. It may include other islands.
PROTECTING POWER (Article 46, UNCLOS)
A protecting power is a State or an
organization: An archipelago is a group of islands, including
(1) not taking part in the hostilities, parts of islands, interconnecting waters and
(2) which may be a neutral state, other natural features which are so closely
(3) designated by one party to an armed conflict related that such islands, waters and natural
with the consent of the other features form an intrinsic geographical,
(4) to safeguard or protect its humanitarian
economic and political entity, or which
interests in the conflict, the performance of
which IHL defines specific rights and duties.
historically have been regarded as such.
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