Political Law Constitution - The Constitution is the basic and paramount law to which all other laws must

conform and to which all persons, including the highest officials, must defer. (Cruz, Constitutional Law) - A written instrument organizing the government, distributing its powers, and safeguarding the rights of the People (Taada and Fernando, Constitution of the Philippines) - The written instrument by which the fundamental powers of government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. (Malcolm and Laurel, Philippine Constitutional Law) -The Philippine Constitution is classified as written, enacted, and rigid. Archipelagic Doctrine - It is defined as all waters, around between and connecting different islands belonging to the Philippine Archipelago, irrespective of their width or dimension, are necessary appurtenances of its land territory, forming an integral part of the national or inland waters, subject to the exclusive sovereignty of the Philippines. - The Archipelagic Doctrine emphasizes the unity of land and waters by defining an archipelago either as a group of islands surrounded by waters or a body of waters studded with islands. For this purpose, it requires that baselines be drawn by connecting the appropriate points of the "outermost islands to encircle the islands within the archipelago. The waters on the landward side of the baselines regardless of breadth or dimensions are merely internal waters. - The archipelagic doctrine is reflected in the1987 Constitution. Article I, Section 1 provides that the national territory of the Philippines includes the Philippine archipelago, with all the islands and waters embraced therein; and the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Baseline Method - A baseline is a line from which the breadth of the territorial sea, the contiguous zone and the exclusive economic zone is measured in order to determine the maritime boundary of the coastal State. Normal Baseline Method territorial sea is drawn fromthe low-water mark of the coast to the breadth claimed, following its sinuosities and curvatures, excluding the internal waters in the bays and gulls Straight Baseline Method straight lines are made toconnect appropriate points on the coast without departing radically from its general direction

Social Justice - Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to ensure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est supremo lex. (Calalang vs. Williams, 70 Phil. 726 [1940]) 1995 Bar Question- Discuss the concept of social justice under the 1987 Constitution. How does it compare with the old concept of social Justice under the 1973 Constitution? Under the 1935 Constitution? - Section 10, Article II of the 1987 Constitution provides. "The State shall promote social justice in all phases of national development". As stated in Marquez vs. Secretary of Labor, 171 SCRA 337, social justice means that the State should assist the underprivileged. Without such help, they might not be able to secure justice for themselves. Since the provision on social justice in the 1987 Constitution covers all phases of national development, it is not limited to the removal of socioeconomic inequities but also includes political and cultural inequities. The 1987 Constitution elaborated on the concept of social justice by devoting an entire article, Article XIII, to it. Immunity from Suit - State immunity from suit means that the State cannot be sued without its consent. A corollary of such principle is that properties used by the State in the performance of its governmental functions cannot be subject to judicial execution. Consent of the State to be sued may be made expressly as in the case of a specific, express provision of law as waiver of State immunity from suit is not inferred lightly (e.g. C.A. 327 as amended by PD 1445} or impliedly as when the State engages in proprietary functions (U.S. v. Ruiz, U.S. v. Guinto) or when it files a suit in which case the adverse party may file a counterclaim (Froilan v. Pan Oriental Shipping) or when the doctrine would in effect be used to perpetuate an injustice (Amigable v. Cuenca, 43 SCRA 360). - The principle of State immunity from suit does not apply when the relief demanded requires no affirmative official action on the part of the State no the affirmative discharge of any obligation which belongs to the State in its political capacity, even though the officers or agents who are made defendants claim to hold or act only by virtue of a title of the State and as its agents and servants. (Republic v Sandoval, GR No. 84607) - The doctrine of immunity from suit will not apply and may not be invoked where the public official is being sued in his private and personal capacity as an ordinary citizen, for acts without authority or in excess of the powers vested in him. (Shauf vs. CA, 191 SCRA 713) - The President as such cannot be sued, enjoying as he does immunity from suit, but the validity of his acts can be tested by an action against the other executive officials or such independent

constitutional agencies as the Commission on Elections and the Commission on Audit. (Carillo vs. Marcos, GR No. L-21015) Executive Privilege - Executive privilege exempts the executive from disclosure requirements applicable to the ordinary citizen or organization where such exemption is necessary to the discharge of highly important executive responsibilities involved in maintaining governmental operations, and extends not only to military and diplomatic secrets but also to documents integral to an appropriate exercise of the executives domestic decisional and policy-making function, that is, those documents reflecting frank expression necessary in intra-governmental advisory and deliberative communications. (Blacks Law Dictionary) Alter Ego Doctrine - All the different executive and administrative organizations are mere adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of the Chief Executive, and, except in cases wherein the Chief Executive is required by the Constitution or by the law to act in person or the exigencies of the situation demand that he act personally, the multifarious executive and administrative functions of the Chief Executive are performed by and through the executive depts., performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive, presumptively acts of the Chief Executive. (Free Telephone Workers Union vs. Minister of Labor and Employment, GR No. L-58184) Impeachment - It is a methodby which persons holding government positions of high authority, prestige, and dignity and with definite tenure may be removed from office for causes closely related to their conduct as public officials.(Nachura, Outline on Political Law, [2006]) -The Senate has the sole power to try, and decide all cases of impeachment. ( Sec. 3(6), Art. XI,1987 Constitution) - Impeachable officers (Sec. 2, Art. XI, 1987 Constitution) 1. President 2. Vice President 3. Members of the Supreme Court 4. Members of the Constitutional Commissions 5. Ombudsman - Grounds for impeachment (Sec. 2, Art. XI, 1987 Constitution) 1. Culpable violation of the Constitution 2. Treason 3. Bribery 4. Other high crimes

5. Betrayal of public trust Fiscal Autonomy - The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.(Art. VIII, Sec. 3., 1987 Constitution) - Fiscal autonomy contemplates a guarantee of full flexibility to allocate and utilize resources with the wisdom and dispatch that the needs require. It recognizes the power and authority to deny, assess and collect fees, fix rates of compensation not exceeding the highest rates authorized by law for compensation and pay plans of the government and allocate and disburse such sums as may be provided by law or prescribed by it in the course of the discharge of its functions. (Bengzon v. Drilon, 208 SCRA 133)

Police Power - Power of promoting the public welfare by restraining andregulating the use of liberty and property (Freund) - Inherent and plenary power of the state which enables itto prohibit all that is hurtful to the comfort, safety and welfare of society (Ermita-Malate Hotel and Motel OperatorsAssociation, Inc. v Mayor of Manila, 1967) - Basis: Salus populi suprema est lex (the welfare of thepeople is the supreme law) Sic utere tuo ut alienum non laedeas (so use your own property as not to injure anothers property) -Tests for validity of exercise of police power a. LAWFUL OBJECT- Interest of the public generally as distinguished from a particular class required exercise b. LAWFUL METHOD- Means employed are reasonably necessary for the accomplishment of purpose, and not unduly oppressive c. When exercised by a delegate: It has to be expressly granted by law It has to be within territorial limits of LGUs It must not be contrary to law. Eminent Domain - Power of the nation or a sovereign state to take, or to authorize the taking of, private property for a public use without the owners consent, conditioned upon payment of just compensation - An inherent political right, founded on a common necessity and interest of appropriating the property of individual members of the community to the great necessities of the whole community.

- Requisites: (1) the expropriator must enter a private property; (2) the entrance into private property must be for more than a momentary period; (3) the entry into the property should be under warrant or color of legal authority; (4) the property must be devoted to a public use or otherwise informally appropriated or injuriously affected; and (5) the utilization of the property for public use must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property. - When private property is rendered uninhabitable by any entity with the power to exercise eminent domain, the taking is deemed complete. (NPC v. CA, G.R. No. 106804, August 12, 2004) - Taking occurs not only when the government actually deprives or dispossesses the property owner of his property or its ordinary use, but also when there is a practical destruction or material impairment of the value of the property. (Rep. v. CA, G.R. No. 147245, March 31, 2005; Heirs of Mateo Pidacan & Romana Eigo, et al. v. ATO, et al., G.R. No. 162779, June 15, 2007). Due Process Clause - No person shall be deprived of life, liberty, or property without due process of law (Sec. 1, Art. III, 1987 Constitution) - Due process is a guaranty against arbitrariness on the part of the government. Observance of both substantive and procedural rights is equally guaranteed by due process. (Tupas vs. CA, GR No. 89571) - the embodiment of the sporting idea of fair play (Frankfurter, In Mr. Justice Holmes and the SC); - It is also a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial (Dartmouth College v. Woodward, 4 Wheaton 518) - Scope: -The due process guarantee applies only if a governmental action will constitute a deprivation of some person's life, liberty, or property. It is, however, directed particularly against the executive and legislative departments of the government. -Requirements :(U.S. v. Ling Su Fan, 1908) (a) That there shall be a law prescribed in harmony with the general powers of the legislative department, (b) That this law shall be reasonable in its operation, (c) That it shall be enforced according to the regular methods of procedure prescribed, (d) That it shall be applicable alike to all the citizens of the state or all of a class. - Substantive due process- requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. Requisites:

Valid governmental objective: interests of the public in general, as distinguished from those of a particular class, require the intervention of the State Pursued in a lawful manner: means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals.

- Procedural due process- refers to the method or manner by which the law is enforced. Basic elements: notice, opportunity to be heard, and jurisdiction.

Unreasonable Search - The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose, shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the person or things to be seized. (Art. III, Sec. 2., 1987 Constitution) - Protection from unreasonable searches & seizures is a personal right and may be invoked or waived by the person directly affected (Stonehill v. Diokno; People v.Damaso, 212 SCRA 457). It is directed against the government & its agencies and cannot extend over acts committed by private individuals (People v. Marti, 193 SCRA 57) - It is available to all persons including aliens & artificial persons (save for the opening of their account books, which the state can do through its police and taxing powers) - Conditions for issuance of search warrant must be issued by a judge upon probable cause; probable cause must be determined by the judge himself; in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and his witnesses; and the warrant issued must particularly describe the place to be searched and persons or things to be seized Clear and Present Danger - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. [Schenckv. UnitedStates, 249 US 47 (1919)] -This rule requires that the danger created must not only be clear and present but also traceable to the ideas expressed (Gonzales v. COMELEC, 27 SCRA 835). - This test has been adopted by the Philippine SC lock, stock and barrel and is the test most applied to cases re: freedom of expression.

Dangerous Tendency Test - The emphasis of the test is the nature of the circumstances under which speech is uttered, though the speech per se may not be dangerous. - Under this test, if the speech restrained has a rational tendency to create the danger apprehended, be it far or remote, government restriction would be allowed. Its not necessary to actually create the evil, a mere tendency towards the evil was enough. Balancing of Interest Test - The test applied when two legitimate values not involving national security crimes compete. (Gonzales v. Comelec) - When a particular conduct is regulated in the interest of public order, and the regulation results in an indirect, conditional and partial abridgement of speech, the duty of the courts is to determine which of the two conflicting interests demands greater protection. - The court must undertake the delicate and difficult task of weighing the circumstances and appraising the substantiality of the reasons advanced in support of the regulation of the free enjoyment of rights. [American Communication Ass'n v. Douds cited in Gonzales v. COMELEC] O Brien Test - When speech and non-speech elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the non-speech element can justify incidental limitations on free speech. - A governmental regulation is sufficiently justified if: (a) it is within the constitutional power of the government (b) it furthers an important or substantial governmental interest unrelated to the suppression of free expression (c) the incidental restriction on alleged freedom is no greater than is essential to the furtherance of that interest [US v. OBrien recently applied by the Phil. SC in SWS v. Comelec, 2001] Rights of the Accused Due process - Requisites: Accused is heard by a court of competent jurisdiction Accused is proceeded against under the orderly processes of law Accused is given notice and opportunity to be heard Judgment rendered was within the authority of a constitutional law Be presumed innocent

- Every circumstance favoring the innocence of the accused must be taken into account. The proof against him must survive the test of reason; the strongest suspicion must not be permitted to sway judgment (People v. Austria, G.R. No. 55109, Apr. 8, 1991) - Equipoise Rule - When the evidence of both sides are equally balanced, the constitutional presumption of innocence should tilt the scales in favor of the accused (Corpuz v. People, G.R. No. 74259, Feb. 14, 1991) Be heard by himself and counsel - The accused must be amply accorded legal assistance extended by a counsel who commits himself to the cause of the defense and acts accordingly; an efficient and truly decisive legal assistance, and not simply a perfunctory representation. (People v. Bermas, G.R. No. 120420, Apr. 21, 1999) Be informed of the nature and cause of the accusation against him - To furnish the accused with such a description of the charge against him as will enable him to make his defense -To avail himself of his conviction or acquittal for protection against further prosecution for the same cause -To inform the court of the facts alleged so that it may decide whether they are sufficient in law to support a conviction, if one should be had (US v. Karelsen G.R. No. 1376, Jan. 21, 1904) A speedy, impartial, and public trial - The term speedy means free from vexatious, capricious and oppressive delays. - The factors to be considered are: Time expired from the filing of information Length of delay Reasons for the delay Assertion or non- assertion of the right by the accused Prejudice caused to the defendant - An impartial trial is one where the accused is entitled to cold neutrality of an impartial judge, one who is free from interest or bias. - A trial must be public in order to prevent possible abuses which may be committed against the accused. The attendance at the trial is open to all, irrespective of their relationship to the accused. However, if the evidence to be adduced is offensive to decency or public morals, the public may be excluded.

Meet the witnesses face to face - The purpose of the right of confrontation is to afford the accused an opportunity to test the testimony of a witness by cross-examination, and to allow the judge to observe the deportment of the witness. Have compulsory process to secure the attendance of witnesses and production of evidence on his behalf - Means available to the parties to compel the attendance of witnesses and the production of documents and things needed in the prosecution or defense of a case Subpoena ad testificandum and subpoena duces tecum Depositions and other modes of discovery Perpetuation of testimonies Against double jeopardy - When a person was charged with an offense and the case was terminated by acquittal or conviction or in any other manner without his consent, he cannot again be charged with the same or identical offense. (Melo v. People, G.R. No. L- 3580, Mar. 22, 1950) - Two types: No person shall be twice put in jeopardy of punishment for the same offense If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act - Requisites: Court of competent jurisdiction A Complaint or Information sufficient in form and substance to sustain a conviction Arraignment and plea by the accused; Conviction, acquittal, or dismissal of the case without the express consent of the accused. (Sec. 7, Rule 117, Rules of Court; People v. Obsania, G.R. No. L- 24447, June 29, 1968)

Bail - It is the security given for the release of a person in custody of law, furnished by him or a bondsman, conditioned upon his appearance before any court as required. - Bail as a matter of right All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance as prescribed by law or the Rules of Court. - Bail as a matter of discretion

Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment, bail becomes discretionary. (Sec. 5, Rule 114,Revised Rules of Criminal Procedure)

Trial in Absentia - Requisites: Accused has been validly arraigned Accused has been duly notified of the dates of hearing Failure to appear is unjustifiable Against self-incrimination -The right against self-incrimination covers testimonial compulsion only and the compulsion to produce real or physical evidence using the body of the accused - It applies to commutative testimony and not mechanical testimony Commutative testimony involves the use of intelligence on the part of the accused or witness. Corollary on cases on self-incrimination, the following are permissiblesubstance from the body, morphine from mouth, put on pants, physical exam, wallet, picture taking, etc. The following on the other hand are not permissiblehandwriting, signature, and similar incidents which involve the use of intelligence.

NADINE Regalian Doctrine Cardinal Rules of Administrative Due Process Exhaustion of Administrative Remedies Public Office UN Charter Extradition Diplomatic Immunity