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Sandoval Poli Rev Lecture Notes PDF
Sandoval Poli Rev Lecture Notes PDF
Primary Jurisdiction.
ART. VIII Sec. 1 Par. 1- The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law - Part of the executive.
*The Supreme Court is the only constitutional court. Ex. CSC, SEC, COA, COMELEC
Q. SB? *Since quasi-judicial bodies are not strictly courts, their jurisdiction is strictly
construed against them.
A. No. It is not a constitutional court, although mentioned in the Constitution.
It is only a constitutionally mandated court. JUDICIAL POWER AND POLITICAL QUESTION DOCTRINE
*Judicial power is not vested in the Supreme Court alone. Q. What is JUDICIAL POWER?
*It is vested as well in such lower courts as may be established by law. A. JUDICIAL POWER includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and
Such lower courts as may be established by law (BP 129 Judiciary enforceable, and to determine whether or not there has been a grave abuse
Reorganization Act of 1980) of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the government. (Art. VIII, Sec. 1, Par. 2)
*Court of Appeals- referred to as lower collegiate courts
- Definition of Judicial Power.
*Regional Trial Courts- courts of general jurisdiction
- Not found in the 1935 and 1973 Constitution.
*Courts of limited jurisdiction- (1) Metropolitan Trial Courts (2) MTCC
[chartered cities] (3) Municipal Trial Courts/ Municipal Circuit Trial Courts - Represents a broadening of judicial power to enable the courts of justice to
review what was before forbidden territory.
*Sandiganbayan- special court having jurisdiction over public officers; co-
equal with the Court of Appeals. DUTY
*Court of Tax Appeals- special court having jurisdiction over tax appeals -The provision uses the word DUTY
cases.
-The settlement of controversies and the determination of whether or not
*SHARIAH COURTS- pursuant to Muslim Code; 2 levels: there has been grave abuse of discretion is not merely a power- it is a duty
of the courts as well.
(1) Shariah District Court- equivalent to RTC
-in power, the power holder has discretion to exercise.
(2) Shariah Circuit Court- equivalent to MTC
-if it was only a power, then the courts has the discretion to exercise it or not.
*QUASI JUDICIAL BODIES- strictly speaking, they are not courts- do not
form part of the judicial system. -Since it is a duty, there is no such discretion- the exercise of the power is
obligatory and mandatory upon the courts.
- They are administrative bodies
performing quasi-judicial functions. TWO PARTS OF THE DEFINITION
-Very limited definition. -Questions of policy that are formulated by the political branches and thus
cannot be the subject of judicial review. This includes questions involving the
-Maybe defeated by the political question doctrine. wisdom, propriety, efficacy or morality of an act.
2. To determine whether or not there has been grave abuse of discretion TAADA VS. CUENCO
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. (EXPANDED) -Classic definition of political question.
-Expanded Power of Judicial Review or the Extraordinary Power to -POLITICAL QUESTIONS refer to those questions which under the
Determine Grave Abuse of Discretion as referred to by the Supreme Court. Constitution are to be decided by the people in their sovereign capacity, or in
regard to which full discretionary authority has been delegated to the
-Political question doctrine has been greatly diminished. legislative or executive branch of the government.
Q. How does the definition of judicial power under the present Constitution TWO TYPES OF POLITICAL QUESTIONS
affected the political question doctrine?
1. Those questions which under the Constitution are to be
A. The 1987 Constitution expands the concept of judicial review. Under the decided by the people in their sovereign capacity.
expanded definition, the Court cannot agree xxx that the issues involved is a Ex. Recall under the LGC
political question beyond the jurisdiction of the court to review. When the
grant of power is qualified, conditional or subject to limitations, the issue of -A mode of removing a local elective official even before the 3 year term on
whether the prescribed qualifications or conditions have been met or the the ground of loss of trust/confidence.
limitations respected is justiciable the problem being one of legality or
validity, not its wisdom. Moreover, the jurisdiction to delimit constitutional -There is only one ground for recall-loss of confidence.
boundaries has been given to this court. When political questions are
involved, the Constitution limits the delimitation as to whether or not there EVARDONE VS. COMELEC
has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of the official whose action is being questioned. *Loss of confidence as a ground for recall is a political question.
Q. What are political questions? *After all, the initiation of the recall process is not the recall itself.
A.-Origin: The principle of separation of powers. *In the recall election, the people will decide whether or not they have lost
their confidence in the official concerned.
-In turn, this principle is the result of our Presidential System of Government.
*Hence, it is a question which has to be decided by the people in their
(In a Parliamentary government, the executive and the legislative branches sovereign capacity.
are welded together)
*When? In the recall election itself.
-Thus, legislative power is given to Congress; executive power is given to
the President and judicial power is given to the Supreme Court- 3 great *Not subject to judicial review.
powers distributed among 3 branches of government.
ESTRADA VS. DESIERTO-EDSA 1
*No matter, We will no longer inquire into the motives of the people in going -Involves legal questions.
to EDSA. The facts were: because of the magnitude of the people who were -Presented a political question.
in EDSA, Marcos fled to Hawaii, so that the Cory government was able to
take effective control of the machinery of the State without resistance from
the people. Furthermore, the international community has recognized the
Cory Government. Hence, there can be no more question as to the de jure
status of the said government.
2. Those in regard to which full discretionary authority has been
*The Aquino government was the result of a successful revolution by the delegated by the Constitution to the executive or legislative
sovereign people-it was installed through a direct exercise of the power of branch of the government.
the Filipino people, in defiance of the provisions of the 1973 Constitution. Ex. Calling out power of the President under Article VII, Sec. 18
The legitimacy of a government sired by a successful revolution by people
power is beyond judicial scrutiny; such government automatically orbits out IBP VS. ZAMORA
of the constitutional loop.
*During the time of President Estrada, he issued a LOI ordering the
Estrada vs. Desierto deployment of Marines in the metropolis to conduct joint visibility patrols with
members of the PNP in various shopping malls.
*Desierto argues that the legitimacy of Arroyos assumption to the
presidency is a political question, and invokes the ruling in the Lawyers *IBP asks that the exercise of such power be subjected to judicial review.
League case.
SC: No.
SC: No. (Justice Reynato S. Puno)
*When the President calls the armed forces to prevent or suppress lawless
*Arroyos government is not revolutionary in character. The oath she took is violence, invasion or rebellion, he necessarily exercises a discretionary
the oath under the 1987 Constitution. Indeed, she has stressed that she is power solely vested in his wisdom. This is clear from the intent of the
discharging the powers of the presidency under the authority of the 1987 framers and from the text of the Constitution. Thus, the Court cannot be
Constitution. compelled upon to overrule the Presidents wisdom or substitute its own.
However this does not prevent an examination of whether such power was
LEGAL DISTINCTIONS BETWEEN EDSA 1 AND EDSA 2 exercised within permissible constitutional limits or whether it was exercised
in a manner constituting grave abuse of discretion.
EDSA 1 EDSA 2
3 powers under Art. VII, Sec. 18
-Involves the exercise of the people -Involves the exercise of the people
power of revolution which power of freedom of speech and 1. Calling out power as commander-in-chief of AFP
freedom to assemble, to petition the
*Article VII, Sec. 18, Par 3- The Supreme Court may review in an *PGMA exercised the calling out power when she issued GO 5 and PP
appropriate proceeding filed by any citizen, the sufficiency of the factual 1017, not the martial law power. The acts taken purportedly to carry out the
basis of the proclamation of martial law or the suspension of the privilege of issuances were ultra vires, hence, unconstitutional. The exercise of the
the writ or the extension thereof, and must promulgate its decision within calling out power does not involve the direct curtailment and suppression of
thirty days from its filing. civil liberties and individual freedoms. However GO 5 and PP1017 are
constitutional. Petitioners failed to counteract the factual bases therefore as
CALLING OUT POWER alleged by the Solgen.
-A question in regard to which full discretionary authority has been delegated A. There was no case of invasion or rebellion. President will be required to
by the Constitution to the President. submit report to (kulang page ko, sorry...)
SC: It is the unclouded intent of the Court to grant to the President full Q. What are the THREE IMPORTANT FUNCTIONS OF THE COURT?
discretionary authority. The hands of the President should not be tied;
otherwise, this could be a veritable proscription for disaster. Unless grave A. 1. Checking
abuse of discretion is shown, the Presidents exercise of the power should
not be questioned. Mere abuse of discretion will not suffice. To doubt is to 2. Legitimizing
sustain.
3. Symbolic
Q. What is the effect of the EXPANDED CONCEPT OF JUDICIAL POWER
on the political question doctrine? SYMBOLIC FUNCTION OF THE COURT
A. It has lessened the political question doctrine. Thus, even if it is a political - It is the duty of the Court to formulate guiding and controlling
question, if there appears to be abuse of discretion, the Court may review it. principles, precepts, doctrines or rules. It has the symbolic function
of educating the bench and the bar on the extent of protection given
*The burden is upon petitioners- the ones assailing the act. by Constitutional guaranties.
Q. What are the requisites for a proper exercise of the power of JUDICIAL
*It must be grave abuse of discretion to warrant judicial intervention. REVIEW?
*Mere abuse of discretion is not enough. A. The time-tested standards for the exercise of judicial review are:
*To doubt is to sustain the act of the person. 1. The existence of an appropriate case;
Q. Why the difference in treatment? 2. An interest personal and substantial by the party raising the
constitutional question;
*The controversy must also be justiciable-meaning susceptible of judicial 1. There is a grave violation of the Constitution;
determination. 2. The exceptional character of the situation and the paramount public
interest involved;
Q. May courts render advisory opinions? 3. When constitutional issue raised requires formulation of controlling
principles to guide the bench, the bar, and the public; and
A. No, courts can only decide actual controversies, not hypothetical 4. The case is capable of repetition yet evading review. (David vs.
questions or cases. GMA)
2. UN Charter *The gist of the question of standing is whether a party alleges such
personal stake in the outcome of the controversy as to assure that concrete
2 MAIN FUNCTIONS OF THE ICJ: adverseness which sharpens the presentation of issues upon which the
court depends for illumination of difficult constitutional questions. (IBP vs.
1. To resolve contentious cases Zamora)
2. That the petitioner is directly affected by the alleged ultra vires act. *The constitutional question must be the main issue of the controversy.
KILOSBAYAN VS. MORATO *There is no way that the Court may resolve the entire case, unless it first
resolves the constitutional question raised.
*Kilosbayan filed 2 petitions as a taxpayer.
AMENDMENTS OR REVISIONS (ARTICLE XVII)
SC: Taxpayer suit does not lie because the issue does not involve the
disbursement of public funds. Rather, what is involved was the interpretation 3 ESSENTIAL ELEMENTS OF A GOOD WRITTEN CONSTITUTION:
of the charter of the PCSO.
1. Constitution of Government: Articles VI, VII, VIII, IX, X
THE CONSTITUTIONAL QUESTION MUST BE RAISED AT THE
EARLIEST OPPORTUNE TIME 2. Constitution of Liberty: Article III (Bill of Rights)
- It is not the date of the filing of the petition that determines whether 3. Constitution of Sovereignty: Article XVII (Amendatory Process)
the constitutional issue was raised at the earliest opportunity. The
earliest opportunity to raise a constitutional issue is to raise it in the AMENDMENT REVISION
pleadings before a competent court that can resolve the same,
such that, if it is not raised in the pleadings, it cannot be -refers to a change that adds, -implies a change that alters a basic
considered at the trial, and if not considered at the trial, it cannot be reduces or deletes without altering principle in the Constitution.
considered on appeal. (Matibag vs. Benipayo) the basic principle involved.
-if the change alters the substantial
- However in criminal cases, the accused may raise the constitutional entirety of the constitution, as when
question even for the first time on appeal. This is because criminal the changes affect substantial
cases involve the basic rights of the accused to life and liberty. provisions of the constitution.
MATIBAG VS. BENIPAYO -affects only the specific provision -affects several provisions in the
being amended. constitution.
A. No. Note the second sentence says- The Congress shall provide RATIFICATION
for the implementation of the exercise of this right. Thus Congress
should enact a law implementing this provision. *Any proposed change must be submitted to the people in a plebiscite not a
referendum.
Q. Has Congress enacted such law?
*Article XVII, Sec. 4- Any amendment to or revision of this Constitution
A. Yes. Congress enacted a law RA 6735: Initiative and Referendum under Sec. 1 hereof (Con Ass) shall be valid when ratified by a majority of
Act. the votes cast in a plebiscite which shall be held not earlier than 60 days not
later than 90 days after the approval of such amendment or revision.
3 SYSTEMS OF INITIATIVE:
Any amendment under Sec. 2 hereof (Con Com)
1. Initiative on the Constitution shall be valid when ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than 60 days nor later than 90 days after the
2. Initiative on Statutes certification by the Comelec of the sufficiency of the petition.
SANTIAGO VS. COMELEC (re: Initiative on the Constitution) *Article XVII, Sec. 2 remains to be non self executing. The implementing law
was declared unconstitutional. (Santiago vs. Comelec)
*The right of the people to directly propose amendments to the Constitution
through the system of initiative would remain entombed in the cold niche of *Peoples initiative is limited only to amendments.
the Constitution until Congress provides for its implementation.
DOCTRINE OF STATE IMMUNITY FROM SUIT
*RA 6735 miserably failed to satisfy the requirements in subordinate
legislation in so far as initiative to propose amendments to the Constitution is Article XVI, Sec. 3- The State may not be sued without its consent.
concerned.
Q. What if the Constitution does not provide for state immunity?
*If Congress intended to fully provide for the implementation of the initiative
on amendments to the Constitution, it could have provided for a subtitle A. Through the DOCTRINE OF INCORPORATION (Article II, Sec. 2), the
therefore, considering that in the order of things, the primacy of interest, or Philippines have adopted the generally accepted principles of international
hierarchy of values, the right of the people to directly propose amendments law as part of the law of the land. State immunity from suit is a generally
to the Constitution is far more important than the initiative on national and accepted principle of international law. Hence we are bound by it.
local laws.
Q. Ethical basis?
*SC declared RA 6735 inadequate to cover the system of initiative on
amendments to the Constitution and have failed to provide a sufficient A. There can be no legal right against the authority which makes the law on
standard for subordinate legislation (there is undue delegation of power to which the right depends. (Justice Holmes)
Comelec). To this extent, RA 6735 is unconstitutional.
Q. Does the Doctrine of State Immunity form Suit apply also to foreign
*Article XVII, Sec. 2 remains non self executing. agreements?
Q. Can you sue the State? Ex. Article 2180, NCC- The State is responsible xxx when it acts though a
special agent xxx.
A. A State may not be sued without its consent. Hence, you can actually sue
the State, for as long as the State gives its consent. Ex. Article 2189, NCC- Provinces, cities and municipalities shall be liable for
damages for the death of, or injuries suffered by any person by reason of the
Q. How does a State waive its immunity from suit? defective condition of roads, streets, bridges, public buildings, and other
public works under their control or supervision.
A. Either EXPRESSLY or IMPLIEDLY.
TEOTICO VS. CITY OF MANILA
EXPRESSLY: Through the enactment by Congress of a general law or
special law. *City of Manila contends that it cannot be held liable under its charter.
Q. May the Solgen validly waive immunity from suit? *SC held that the provision in the charter is a general provision in a special
law. On the other hand, Article 2189 is a special provision found in a general
A. No. A mere lawyer of the government cannot validly waive immunity from law. A special provision found in a general law prevails over the general
suit. Only the Congress can. (Republic vs. Purisima) provision found in the charter of the City of Manila. City of Manila is liable.
*Waiver of immunity constitutes a derogation of sovereignty. Hence, it is KILATKO VS. CITY OF DAGUPAN
always construed strictly or strictissimi juris.
*City of Dagupan contended that the manhole is found in the national road.
1. GENERAL LAW
*SC held that the ownership of the road is immaterial. Even if it is a national
Ex. Act No. 3083- applies to any money claims arising from contracts with road, the LGU is liable. Article 2189 merely requires supervision over the
the government whether express or implied. maintenance of the national road. City of Dagupan has supervision. Hence,
liable.
-must be correlated with COMMONWEALTH ACT 387 as amended by PD
1445 or the GENERAL AUDITING LAW- any money claim arising from Ex. Sec. 24, Local Government Code- Liability for Damages- Local
contract with the government whether expressed or implied must first be government units and their officials are not exempt from liability for death or
presented to COA and only when COA refuses payment that a party can injury to persons or damage to property.
sue.
Ex. Charters of GOCC- GSIS, DBP, LBP
Q. Where?
*Charter-special law creating GOCC
A. SC. Decisions of COA are reviewable by SC via petition for certiorari.
(DAR vs. NLRC, J. Vitug) *The provision in the charter on whether it may sue or be sued is an express
waiver by special law.
Q. A contract was entered into with DPWH for the construction of roads.
When the roads were finished, the contractor was not paid. Contractor sued IMPLIEDLY-2 ways:
the government before the RTC. Will the suit prosper?
2. When the State enters into a contract with private party. *Case was dismissed because there was no waiver.
*Here, the government is deemed to have gone down into the level of a *Not all contracts are deemed to be a waiver of state immunity; must
private entity; there is parity now with the contracting parties; therefore, distinguish between:
it is deemed to have waived its immunity from suit.
ACTA JURE IMPERII: contracts entered into by the government in its
*This rule used to be absolute. (US vs. Lyons) sovereign capacity; no waiver of state immunity from suit.
*However, this rule is no longer absolute- ACTA JURE GESTIONIS: contracts entered into by the government in
its commercial and proprietary capacity; there is waiver of state
US VS. RUIZ immunity from suit. (Restrictive Doctrine of State Immunity from Suit)
*This involved the construction of wharves in Subic Bay at the time Q. In the Ruiz case, can the contractor invoke Act No. 3083?
Subic was still under the US pursuant to a treaty.
A. No. Because Act No. 3083 waives the immunity of the Philippine
*Contractor was not paid so he sued the Subic Naval Authorities. government only; not of other governments.
*Subic Naval Authorities moved to dismiss invoking State Immunity from Q. What is the remedy of the contractor?
Suit.
A. Under international law, he will have to convince his state through the
*On the other hand, the contractor contends that the State entered into assistance of the Department of Foreign Affairs to take his case up with the
a contract (relying on the old rule). other state.
SC: The traditional rule of immunity exempts a state from being sued in Q. Raintree contracted with the Armed Forces of the Philippines for the
courts of another state without its consent or waiver. This rule is a supply of ponchos to be used by the soldiers. Raintree was not paid. Can
necessary consequence of the principle of independence and equality Raintree sue?
of states. However, rules of international law are not petrified; they are
constantly developing and evolving. And because the activities of the A. Yes, under Act No. 3083. This is a money claim arising from contract.
states have multiplied, it has been necessary to distinguish them There is no need to invoke implied waiver, since there is already an express
between sovereign and governmental acts (jure imperii) and private, waiver.
commercial and proprietary acts (jure gestionis). The result is that state
immunity now extends only to acts jure imperii. The restrictive US VS. GUINTO
application of state immunity is now the rule in the US, UK and other
states in Western Europe. *A Filipino cook in a restaurant inside Camp John Hay poured urine into the
soup stock used in cooking the vegetables served to the customers.
*The latter invoked the Doctrine of Immunity from Suit and moved to dismiss. Q. What if the dump truck was then hauling lumber for the repair of a public
market instead of gravel for the repair of municipal road?
SC: The restaurant services offered partake of the nature of a business
enterprise undertaken by the US government in its proprietary capacity. A. The operation of a public market is a proprietary function. It is classified
Such services are not extended to the American servicemen for free as a as a business enterprise of the local government. Hence, the municipal
perquisite of membership in the Armed Forces of the US. Neither does it government would then be in the performance of a proprietary function. As
appear that they are exclusively offered to these servicemen; on the such, it would not be a valid defense to liability.
contrary, it is well known that they are available to the general public as well,
including the tourists in Baguio City, many of whom make it a point to visit TORIO VS. FONTANILLA
John Hay for this reason. All persons availing themselves of this facility pay
for the privilege like all other customers in ordinary restaurants. Although the *The holding of a town fiesta even if the purpose is to commemorate a
prices are concededly reasonable and relatively low, such services are religious or historical event of the town is in essence an act for the special
undoubtedly operated for profit as a commercial and not a governmental benefit of the community and not for the general welfare of the public
activity. performed in pursuance of a policy of the state. xxx It is a proprietary activity.
Thus, the municipality may be held liable.
*The case was remanded to the Labor arbiter. There is waiver of immunity.
EXECUTION OF JUDGEMENT
*SUABILITY VS. LIABILITY
Q. Assume that you are allowed by the State to sue. After trial, judgement
*The circumstance that a state is suable does not necessarily mean that it is was rendered in your favor, holding the State liable. Judgement thereafter
liable. A state can never be held liable if it does not first consent to be sued. attained finality. Can you garnish or levy government funds to execute the
SUABILITY is just a matter of a state giving its consent to be sued. judgement?
*LIABILITY is a matter of applicable law and circumstance of the case. A. No. It will paralyze the operations of the government. Waiver extends only
Liability is not conceded by the mere fact that the state has allowed itself to up to the rendition of judgement. Execution requires another waiver. The
be sued. When the state does waive its sovereign immunity, it is only giving disbursement of public funds requires an appropriate appropriation law.
the plaintiff the chance to prove, if it can, that the defendant is liable.
Q. Remedy?
*Waiver merely gives the claimant the opportunity to prove that the state is
liable. A. To make representation with the proper legislative authority for the
enactment of an appropriation law necessary to satisfy the judgement.
MUNICIPALITY OF SAN FERNANDO LA UNION VS. JUDGE FIRME
Q. What if the legislative authority refuses to enact the law?
*San Fernando owned a dump truck being driven by its official driver, while
hauling gravel, it collided with a jeep, killing the latters passenger. The heirs A. Go to the courts and ask for MANDAMUS to compel the legislative
sued the municipality for damages. The municipality moved to dismiss on authority to enact the required law. True, the duty to appropriate is
the ground of immunity of state from suit. Without resolving the motion, discretionary. The exception however, as in this case, is when there is
Judge Firme proceeded to resolve the case and held the municipality liable already a money judgement against the government, the discretionary duty
since its charter expressly provides that it may sue and be sued. becomes ministerial. The state must be the first to respect and obey the
decisions of the Courts. (Municipality of Makati vs. IAC)
SC: Suability is not the same as liability. Municipality can invoke defenses-
that at the time the accident happened, it was engaged in the performance SUITS AGAINST GOVERNMENT AGENCIES AND INSTRUMENTALITIES
2. UNINCORPORATED AGENCIES: These agencies have no *However, this should not be invoked indiscriminately because the
charter. circumstances obtaining in the following cases are peculiar.
-A suit against them is really a suit against the government. *Amigable owned a lot in Cebu City. There is no annotation in favor of the
government in the TCT. Then without prior appropriation or negotiated sale,
-Test of suability depends upon whether or not it is performing a the government used a portion of the said lot for the construction of roads.
governmental or proprietary function. Amigable then filed a complaint against the Republic, and Cuenca, in the
latters capacity as Commissioner of Public Highways.
SUIT AGAINST PUBLIC OFFICIALS
SC: Where the government takes away property from a private landowner
Q. When do you consider a suit against public officials as a suit against the for public use without going through the legal process of expropriation or
state itself? negotiated sale. The aggrieved party may properly maintain a suit against
the government without thereby violating the doctrine of governmental
A. The suit must be regarded as one against the State where the satisfaction immunity from suit without its consent.
of judgement against the public official concerned will require the State itself
to perform a positive act such as appropriation of the amount necessary to REASON-MINISTERIO VS. CFI OF CEBU
pay the damages awarded to the plaintiff. (LANSANG VS. GARCIA)
*The doctrine of governmental immunity from suit cannot serve as an
*The official was charged in his official capacity in the performance of official instrument of perpetration of injustice on a citizen. Had the government
duties. followed the procedure indicated by the governing law (Rule 87) at the time,
a complaint would not have been filed by it and only upon payment of
*In this case, the official was acting only as an agent of the State. compensation fixed by the judgement or after tender of the party entitled to
such payment of the amount fixed. May it have the right to enter in and
*However, this rule does not apply if: upon the land so condemned, to appropriate the same to the public use
defined in the judgement.
-Acts were unlawful or illegal
*Actually, in Amigable and Ministerio cases there is an implied waiver. This
-Acts were done in a personal capacity implied waiver lies in the failure to commence the proper action. The action
filed by the petitioners amount to a counterclaim, had the government fled
REPUBLIC VS. SANDOVAL
*Not 11 Feb. 1987=When Pres. Aquino declared its ratification. 3. Those born before 17 January 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority
2. Those whose fathers or mothers are citizens of the Philippines.
3 Requisites for the application of this provision:
*Note that the provision says OR- not and
(1) They were born before 17 Jan. 1973.
*This means that as long as 1 of your parents is a Filipino, you are
a Filipino. (2) Their mother is a Filipino.
*This is in accordance with our adherence to the principle of jus (3) They elect Philippine citizenship upon reaching the age of
sanguinis. majority.
*This results in complications when the country where you are born *History of the provision:
applies the principle of jus soli.
-Under the 1935 Constitution, legitimate minor children follow the
*Complications arise with respect to the matter of dual allegiance. citizenship of their father.
(See Sec. 5)
-Thus one with an alien father and a Filipina, mother,
VALLES VS. COMELEC (337 SCRA 543, 09 Aug. 2000) would, during minority, be an alien.
*Rosalind Lopez was born in 1934, in Australia to a Filipino-father, who was -Hence, he is given, upon reaching the age of majority, the
born in 1879, and an Australian-mother. When she came to the Philippines, option to elect.
she was holding an Australian passport and was registered as an alien in the
BID. Then, Rosalind ran for governor. -Note that this is the reason why the provision applies only to those
born of Filipino mothers.
SC: Rosalind is a Filipino citizen. (1) Her father is a Filipino- Her father is a
Spanish subject. In 1898, when the Spanish ceded the Philippines to the US, -One with a Filipino-father and an alien mother would still
under the Jones Law and the Philippine Bill of 01 July 1902, all inhabitants of be a Filipino, since he follows his fathers citizenship.
the Philippines who were Spanish subjects are deemed to be Philippine
*FPJ was born in 1939, of a Filipino father and an American mother. His (2) Kinds of Citizens under the ConstitutionThere are only 2 classes of
parents got married only in 1940. citizens under the Constitution(a) natural-born and (b) naturalized in
accordance with law. A citizen who is not a naturalized Filipinoone who did
SC: FPJ is an illegitimate child because his parents got married only after his not undergo the process of naturalizationis a natural-born Filipino.
birth. However, the 1935 Constitution states that those whose fathers are Noteworthy is the absence in the enumeration of a separate category for
citizens of the Philippines acquire Philippine citizenship. Thus, it did not persons who, after losing Philippine citizenship, subsequently reacquires it.
distinguish whether the child is legitimate or illegitimate. This is because such whether such persons are natural-born or naturalized
depends on the reasons for the loss of their citizenship and the mode
The rule is different when it is the mother who is a Filipino. Here, if prescribed by the applicable law for the reacquisition thereof.
the child is legitimatehe can elect Philippine citizenship upon reaching the
age of majority. If he is illegitimate, he will follow the mothers citizenship. Marriage to foreignersArt. IV, Sec. 4
The reason for this rule is to ensure Filipino nationality of the child so as not
to prejudice. Normally, since he is illegitimate, the mother would have *Citizens of the Philippines who marry aliens shall retain their citizenship,
custody and have parental authority. unless by their act or omission they are deemed, under the law, to have
renounced it.
*Natural-Born Citizens (Sec. 2)
*History of the provision:
2 Kinds of Natural-Born Citizens:
-This provision was carried over from the 1973 Constitution.
-Thus, they are better situated than those who contracted marriage 1. Naturalization
with foreigners.
2. Repatriation
-Absurd!
Naturalization vs. Repatriation
*In relation to Sec. 1 (3)
Naturalization Repatriation
-Under the 1935 Constitution, the children of a Filipina-mother and an alien-
father who had a common law relationship are Philippine citizens. 1. As to Nature -A mode of acquisition -A mode of re-
and reacquisition of acquisition of Philippine
-No need to elect. Philippine citizenship. citizenship.
-The 1935 Constitution had no provision similar to Art. IV, Sec. 4 *Process is simplerequires only:
-The 1973 Constitution had a provision similar to Art. IV, Sec. 4. *Available when the loss of citizenship is due to:
*See Bengzon III vs. HRET Situations Where Dual Citizenship Arises:
(4.) Marriage of Filipino woman to an alien, political or economic necessity a. Those born of Filipino fathers and/or mothers in foreign countries which
(RA 8171) follow the principle of jus soli.
3. Direct Act of Congress b. Those born in the Philippines of Filipino mothers and alien fathers, if by
the laws of their fathers country, such children are citizens of that country.
*Dual AllegianceArt. IV, Sec. 5
c. Those who marry aliens if by the laws of the latters country the former are
*Dual allegiance of citizens is inimical to the national interest and shall be considered citizens, unless by their act or omission they are deemed to have
dealt with in accordance with law. renounced their Philippine citizenship.
A. No. It says shall be dealt with by law. It means a future law. Dual Allegiance Dual Citizenship
Q. Is there now a law that prohibits dual allegiance? 1. As to how it results -A situation where a -Arises when, due to
person simultaneously the concurrent
A. Yes. RA 7160, Sec. 40 (d) (Local Government Code) owes, by some positive application of the
act, loyalty to 2 or more different laws of 2 or
The following are disqualified from running for any elective local position: states. more states, a person is
xxx simultaneously
considered a national
(d) Those with dual citizenship (See Mercado vs. Manzano) by said states.
2. As to voluntariness -Voluntary.
MERCADO VS. MANZANO (307 SCRA 630, 26 May 1999) Involuntary.
*Edu Manzano was born in the US, of Filipino parents. In 1998 he ran for
vice-mayor of Makati. His qualification was challenged. Note that RA 7160,
Sec. 40 (d) disqualifies those with dual citizenship from running for local *RA 9225Dual Citizenship Law (Citizenship Retention and Re-Acquisition
elective office. Act of 2003)
SC: He is qualified to run. (1) Manzano has dual citizenshipsince his RULE: Natural-born Filipinos who lost their Philippine citizenship by
parents are Filipinos, he is a Filipino; since he was born in the US, he is also naturalization as citizens of a foreign country shall re-acquire/retain their
a US citizen. Thus, he has dual citizenship. Philippine citizenship upon taking the Oath of Allegiance. (Sec. 3, RA 9225)
(2) Dual Allegiance is Prohibited, Not Dual Citizenshipwhat is prohibited by Effect of Re-Acquisition on Civil and Political Rights- the following rights can
the Constitution is dual allegiance, not dual citizenship. The concern of the be exercised, subject to certain conditions:
Constitutional Commission was not with dual citizens per se, but with
-Done at the time of the filing of the certificate of candidacy. (1) Constitution of sovereignty This refers to thee provisions pointing out
the modes or procedure in accordance with which Formal changes in the
-Thus, he will lose his dual citizenship- will have just 1 citizenship. constitution may be made.
3. Appointive Public Office RA 9225 Sec. 5 (3) must also renounce. Ex: Article XVIII Amendments or Revisions
A. (1) Under the 1935 Constitution, which was governing at the time of Xs
birth, he should elect Philippine citizenship upon reaching the age of (3) Constitution of Government provides for a structure and system of
majority. government; refers to the provisions outlining the organization of the
Government, enumerating its powers, laying down certain rules relative to its
(2) Under RA 9225, he is also a dual citizenhence, he should first administration and defining the electorate.
renounce his American citizenship.
Ex: Article VI Legislative Department
*Res Judicata in Citizenship Cases
Article VII Executive Department
GR: No res judicata in cases of citizenship.
Article VIII Judicial Department
EXCEPTION: Burca vs. Republic (51 SCRA 248, 1973)
Article IX Constitutional Commissions
When the following requisites concur:
2. When the Solicitor General or his authorized representative took active The 3 great powers are distributed among the 3 great branches of
part in the resolution thereof; and government:
3. When the finding on citizenship is affirmed by the SC. Legislative power Legislative branch / Congress
Executive power Executive branch / President Delegation to the People under the systems of initiative and referendum
(plebiscite, Art. VI, Sec 1)
Article VII, Sec 1 The executive power shall be vested in the President of
the Philippines Delegation to the President of Emergency powers (Art VI, Sec 23)
This also called the POWER OF THE SWORD Delegation to the President of Tariff powers (Art VI, Sec 28[2])
Article VIII, Sec 1 The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law.
There must always be an EXPRESS delegation! (by Law/Constitution)
This is also called the POWER OF JUDICIAL REVIEW
Ex: veto power of the President. The power is delegated from the Congress to the President (David vs
Arroyo)
Principle of non-delegation of Powers
refers to the rule making power or power of subordinate legislation or power A. It is one that defines legislative policy, marks its limits, maps out its
to promulgate rules and regulations to implement a given law/legislative boundaries and specifies the public agency to apply it.
policy.
Ex: (1) Power to organize agencies was delegated to the President
Operative word, or meant equivalent terms
Standard: to streamline the bureaucracy for economy and sufficiency.
The power to ENACT laws still belongs to Congress.
(2) Power to issue franchises delegated to LTFRB
The law delegating the power must be complete in itself in the sense that the If the delegation meets the tests, it is valid.
body on whom the power is delegated must have no discretion to exercise
the power but to enforce it. What is prohibited is undue delegation or a delegation running riot.
The law must be complete in all its terms and conditions, such that there is If there is undue delegation, it is no longer delegation of power but
nothing more to be done by the body but to enforce it. abdication of power in favor of the delegate, which violates the doctrine of
separation of powers.
The law must set forth the policy to be executed, carried out or implemented
by the delegate. Ratio: You cannot expect the Congress to anticipate all.
Legislative Power
The law must provide for standards that are determinate or at least Article VI, Sec 1: The legislative power shall be vested in the congress of
determinate, which will define the limits of a delegates authority. the Philippines, which shall consist of a Senate and a House of
The houses are co-equal bodies; hence the terms upper house and lower
house are inaccurate!
Initiative on Local Legislation
Bicameral Conference Committee
refers to petitions proposing to enact, amend, or repeal local ordinances.
See Phil. Judges Association vs. Hon. Prado, and
Valid.
Tolentino vs. Secretary of Finance.
Bar Q: What is initiative? What is Referendum?
Article VI, Sec 27. Every bill passed by Congress shall before it becomes
a law, be presented to the president. If he approves the same, he shall sign
it; otherwise, he shall veto it NON-LEGISLATIVE POWERS OF CONGRESS (9): [IBAWI PA CE]
When the president vetoes a bill, that bill doesnt become a law. Investigative power / power to conduct investigation (inquiries in aid of
legislation)
Art VI, Sec 21 The senate or the house of representatives or any of its
When he calls for a special session respective committees may conduct inquiries in aid of legislation or in
accordance with its duly published rules of procedure
Art VI. Sec 15 The president may call a special session at any time
Power to declare the existence of a state of War
In effect, he will initiate the process
Art VI, Sec 23 The congress by a vote of 2/3 of both houses in joint
When the president certifies as the urgency of the bill to meet a public session assembled, voting separately, shall have the sole power to declare
calamity or emergency. the existence of a state of war. [*then based on such declaration, delegate
emergency powers to the President]
Art VI, sec 26 (2) No bill passed by either house shall become a law unless
it has passed three (3) readings on separate days x x x except when the
president certifies as to the necessity of its immediate enactment to meet a
public calamity or emergency. Power to confirm a presidential appointments [through commission on
Appointments]
The president hastens the process by dispensing with 3 separate readings
on 3 separate days rule. Art VII, Sec 16 The president shall nominate and with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls or officers of
the armed forces from the rank of colonel or naval captain, and other officers
When the president signs a bill that becomes a law whose appointments are vested in him in this constitution.
Art VIII, Sec 19(2) He shall have the power to grant amnesty with the
concurrence of a majority of all the members of the Congress
Composition of CONGRESS
Art XVII, Sec 1(2) Any amendment to, or revision of, this constitution may Term limit: 2 Consecutive terms
be done by: (1) The congress, upon a vote of of all its members; x x x
House of Representatives
Term: 3 years
Power to act as board of canvassers in presidential and vice-presidential
elections. Term limit: 3 consecutive terms
Art VI, Sec 5(1) The HOR shall be composed of not more than 250
members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and the
metropolitan manila area x x x
Congress has the power to reapportion district every census, under PUF LICE HWY O
Within 3 years following the term of every census, the congress shall make a Party list system
re-apportionment of legislative districts based on the standards provided in
this section. Implemented by RA7941 (Party-list law)
Marcos vs. COMELEC (248 SCRA 300 [1995]) Borrowed concept from parliamentary system
In her application for candidacy, Imelda wrote 7 months See: Ang bagong-bayani-OFW labor party vs. COMELEC (June 26, 01
requirement, then amended it and wrote, Since birth. The SC decided in En Banc)
favor of Imelda.
Kinds of Congressmen: give more in life to the great masses of our people who have less in life, but
also
Art VI, Sec 5(1) The HOR shall be composed of not more than 250
members, unless otherwise fixed by law, who shall be elected from to enable them to become veritable (genuine/real) law makers themselves. It
legislative districts x x x and those who, as provided by law, shall be elected
through a party-list system of registered national, regional, and sectoral intends to make the marginalized and underrepresented active participants
parties or organizations. in the mainstream of representative democracy.
District representatives
Party-list representatives The party list system is one such tool intended to benefit those who hae less
in life. It gives the great masses of our people the genuine hope and genuine
this absorbed the sectoral representatives power. It is a message to the destitute and the prejudiced, and even to those
in the underground (e.g. rebels), that change is possible. It is an invitation for
Art VI, Sec 5(2) x x x for 3 consecutive terms after the ratifications of this them to come our of their limbo and seize the opportunity.
constitution, of the seats allocated to the party-list representatives shall be
filled as provided by law, by selection or election from the labor, peasant,
urban poor, indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector. Q: Is it open to all?
Allowing all individuals and groups, including those which now dominate While political parties may participate in the party-list system, then must
district elections, to have the same opportunity to participate in the party-list comply with the declared statutory policy of enabling Filipino citizens
elections would desecrate this lofty. Objective and mongrelize the social belonging to the marginalized and underrepresented sectors x x x to be
justice mechanism into an atrocious veneer for traditional politics (nose enelcted to the HOR.
bleed!)
They must show that they represent the interests of the marginalized and the
underrepresented.
To make it open to all, without qualifications would not only weaken the Sec 5, RA 7941 Any organized group of persons may regilster as a party,
electoral chances of the marginalized and the underrepresented it also organization, or coalition for purposes of the party-list system x x x
prejudices them. To allow the non-marginalized and the overrepresented to
vie under the party list system would not only dilute, but also prejudice the Sec 7, Art IX-C, 1987 Const. No votes cast in favor of a political party,
chance of the marginalized and underrepresented contrary to the laws organization, or coalition shall be valid, except for those registered under the
intention to enhance it. It would gut the substance of the party-list system. party-list system as provided in this constitution.
Instead of generating hope, it would create a mirage. Instead of enabling the
marginalized, it would further weaken them and aggravate their Sec 8, Art IX-C, 1987 Const. Political parties or organizations or coalitions
marginalization. registered under the party list system shall not be represented in the voters
registration boards x x x
Sec 5(1), Art VI, 1987 Const. The HOR shall be composed of x x x and
Uphold Social Justice principle to give those who have less life, more in those who x x x shall be elected through a party list system of registered
law. national, regional, and sectoral parties or organizations.
Underground group Rebels (p.27 3A notes) The religious sector may not be represented in the party-list system or
registered as a political party.
Art IX-C Sec 2(5) The COMELEC shall exercise the following powers and
Guidelines for screening party list participants (8) functions x x x (5) Register x x x political parties, organizations x x x religious
denomination shall not be registered.
The political party, sector, organization, or coalition must represent the
marginalized and underrepresented sectors identified in Sec 5, RA7941. Art VI, Sec 5(2) x x x from the labor, peasant urban poor x x x and such
other sectors as may be provided by law, except religious sector
Sec 5, RA7941 x x x the sectors shall include labor, peasant, fisherfolk,
urban poor, indigenous cultural communities, elderly, handicapped, women, Sec 6(1), RA7941 The COMELEC may x x x refuse or cancel x x x the
youth, veterans, overseas workers, and professionals. registration of any national regional or sectoral party, organization or
coalition on any of the following grounds: (1) If it is a religious sect or
This enumeration is NOT exlusive denomination, organization or association organized for religious purposes.
The party must not only comply with the requirements of the law; its
nominees must likewise do so x x x
The party or organization must not be an adjunct of, or a project organized
by, or an entity funded or assisted by the government. The nominee must also be qualified.
It must be independent of the government Sec 9, RA 7941 Qualifications for party list nominees
By the very nature of the party-list system, the party or organization must be Natural-born citizen of the Philippines
a group of citizens, organized and operated by citizens.
Registered voter
The participation of the government or its officials in the affairs of a party-list
candidate is not only illegal and unfair to others, but also deleterious to the Resident of the Philippines for a perioud of not less than 1 year immediately
objective of the law. preceding the day of the electon.
In the case of Labo vs. COMELEC, reaffirmed in the case of Grego vs.
COMELEC, the court declred that the votes case for an ineligible or
The twenty (20%) percent allocation disqualified candidate cannot be considered stray, because this would
disenfranchise the voters/majority; valid votes.
The combined member of all party list congressmen shall not exceed 20% of
the total membership of the HOR, including those elected under the party- However, votes cast for a notoriously disqualified candidate may be
list. considered stray and excluded from the canvass.
Art VI, Sec 5(2) The party-list representatives shall constitute 20% of the This does not apply to the party-list elections!
total number of representatives including those under the party-list.
Because of the express rule in Sec 10, RA 7941 x x x that a vote cast for
The two (2%) percent threshold a party, sectoral organization or coalition not entitled to be voted for shall not
be counted x x x
Only those garnering a minimum of 2% of the total valid votes cast for the
party list system are qualified to have a seat in the HOR. The LABO doctrine applies only to SINGLE ELECTIVE POST/ELECTIONS
nd rd
(e.g. Mayor); In the party-list system, even the 2 , 3 , etc... candidate may
The base is the total votes cast for the party-list and not the total number of get seats.
registered voters.
See RA 7941.
Concept and Bases of Congressional Oversight Functions
The three (3) seat limit
See MAKALINTAL vs. COMELEC
Each qualified part, regardless of the number of votes actually obtained, is
entitled to a maximum of 3 seats 1 qualifying and 2 additional seats.
Rationale: To avoid domination/monopoly will go against the purpose of Q: What is the power of oversight?
the party-list system.
A: Broadly defined, the power of oversight embraces all activities undertaken
Proportional Representation by Congress to enhance its understanding of and influence over the
implementation of legislation it has enacted. Clearly, oversight concerns
The additional seats to which a qualified party is entitled to shall be post-enactment measures undertaken by Congress:
computed in proportion to their total number of votes.
to monitor bureaucratic compliance with program objectives;
to assess executive conformity with the congressional perception of public Sec 22 Art VI (Question hour)
interest
Legislative Supervision third and most encompassing form of oversight
power.
Q: What is/are the basis of oversight power of Congress? Supervision connotes a continuing and informed awareness on the part of
A: The power of oversight has been held to be (1) intrinsic in the grant of congressional committee regarding executive operations in a given
legislative power itself and (2) integral to the checks and balances (3) administrative area.
inherent in a democratic system of government.
Ex: Budget hearings usual means of renewing policy and auditing the use Ex: GSIS.
of previous appropriation to ascertain whether they have been disbursed for
purposes authorized in an appropriation act. Q: What is legislative veto?
Power of confirmation [through COA,] provides congress an opportunity to A: It is the power of the congress to disapprove a subordinate law, rules and
find out whether the nominee possesses the necessary qualifications, regulations promulgated/enacted by the executive branch pursuant to a
integrity and probity required for all public servants. delegation of authority by Congress.
Congress may request information and report from the other branches of Sec 11, Article VI A senator of member of the HOR shall, in all offenses
government. It can give recommendations / pass resolutions for punishable by not more than 6 years imprisonment, be privileged from arrest
consideration of the agency involved. while the congress is in session. No member shall be questioned nor be held
liable in any other place for any speech or debate in Congress or in any
committee thereof.
This is an essential and appropriate auxiliary to the legislative functions, (1) Privilege from Arrest
even in the absence of an express provision in the Constitution.
(2) Freedom of speech and debate
Q: After 15 days of continuous session, congress adjourned. Can this be Q: What is As remedy?
done?
A: Ask the house to punish the congressman.
A: YES. Congress has the discretion under Art VI, Sec 15. It is allowed to
remain in session provided only that 30 days before the opening of the next
session, it shall adjourn (compulsory adjournment).
In any other place
This is a deviation from the 1935 constitution, under which the opening of Absolutely privileged
th
the regular session is every 4 Monday of January and the duration of the
absolutely not actionable even if the author is in bad faith
SC: The Senates act is valid. Congress can punish their members [Art VI, before conviction by RTC of an offense not punishable by death, R.P, or life
Secc 16(3)]. The freedom of speech and debate cannot be invoked in imprisonment.
Congress itself. The constitution says, in any other place.
Rule 114 Sec 5 Bail, when discretionary
People vs. Jalosjos: To allow Jalosjos to attend congressional session will
virtually make him a free man; this would be a mockery of the correctional Upon conviction by the RTC of an offense NOT punishable by death, RP, or
system. LI, admission to bail is discretionary. x x x
arises from a constitutional provision Matter or Right before conviction, punishable by penalty lower than
reclusion perpetua
granted in a restrictive sense
Exception: charged with offense punishable by RP or death.
cannot be extended by Intendment
Implication
Matter of Discretion before conviction punishable by penalty of reclusion
Equitable considerations perpetua or higher when the evidence of guilt is strong, there will be a
hearing to determine whether evidence of guilt is strong.
Q: During pendency of his appeal from conviction of RTC, should he be
allowed to post bail? After conviction, go to Rule 114 sections 4 and 5.
A. NO. Evidence of guild is strong; should wait for decision on appeal inside Power to Conduct Investigations and Inquiries
the penitentiary.
Sec 21, Art VI The senate or the House of Representatives or any of its
1987 Constitution says respective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of persons
Art III, Sec 13 All persons, except those charged with offenses punishable appearing in or affected by such inquiries shall be respected.
by reclusion perpetua, when the evidence of guilt is strong, shall, before
The right against self incrimination (Art III sec 17) may be invoked.
Bengzon Jr vs. Senate Blue Ribbon Committee A: (1) State Secrets Privilege Information is of such nature that its
disclosure would subvert crucial military or diplomatic objective.
Senator Enrile made a privileged speech on the alleged takeover of the
SOLOIL Inc. by Ricardo Lopa, a relative of President Auino, and asked the Informers Privilege the privilege of the Government not to disclose the
Senate to look into the possible violation of the law, particularly with regard identity of persons who furnish information of violations of law to officers
to RA3019, the Anti-Graft and Corrupt Practices Act. The matter was charged with the enforcement of that law.
referred to the Senate Blue Ribbon Committee.
Generic privilege for internal deliberations attached to intra-governmental
Not an inquiry for inquirys sake. documents reflecting advisory opinions, recommendations, and deliberations
comprising part of a process by which governmental decisions and policies
are formulated.
Own initiative, with the consent of the President Q: May members of Cabinet and other top executive officials validly refuse
to appear before congressional inquiries without the consent of the President
Upon request of either house. by invoking EO 464 (prohibiting members of the cabinet and other Executive
officials from appearing in Congressional Inquiries) promulgated by the
President?
Q: What is Question Hour? A: If the requirement then to secure presidential consent under EO 464 is
limited only to appearances in the Question hour, then it is VALID. For under
A: It is a period of confrontation initiated by the parliament to hold the prime Section 22, Article VI of the Constitution, the appearance of department
minister and other ministers accountable for their acts and the operation of heads in question hour is discretionary on their part. However, this cannot be
the government. (definition borrowed from a parliamentary government). applied to department heads in inquiries in aid of legislation. Congress is not
bound in such instances to respect the refusal of the department heads to
Senate of the Philippines vs Ermita appear in such inquiry, unless a valid claim of privilege is subsequently
made, either by the President himself, or by the Executive secretary (Senate
Sections 21 and 22, therefore, while closely related and complementary to of the Philippines vs. Ermita).
each other, should not be considered as pertaining to the same power of
Congress.
Commission on Appointments (Art. VI, Sec 18) Formula to determine seats per party in the Commission on
Appointments:
Electoral Tribunals (Art VI, Sec 17)
# of senators of party
Commission on Appointments x 12
Total # of senators
Section 18, Art VI There shall be a commission on Appointments
consisting of the President of the Senate as ex officio chairman, twelve 12 is the # of CoA seats
senators and twelve members of the House of Representatives, elected by
each House on the basis of proportional representation from the political Simply put, it is the # of senators of a Party DIVIDED by 2
parties and parties and parties or organizations registered under the party-
list system represented therein. The chairman of the Commission shall not Follow the same formula for HOR component just use the # of
vote, except in case of a tie. The commission shall act on all appointments congressmen.
submitted to it within thirty session days of the Congress from their
submission. The commission shall rule by a majority vote of all the Therefore:
members.
K4 = 5
Organization
KNP = 4
Q: How many members?
A: 25 Senate President ex officio chairman LOP = 2
12 Senators LAKAS = 1
12 Representatives (from the House of Representatives) Q: What if there are decimal places?
Q: How are the 24 members chosen? A: Disregard (drop) the fraction. Otherwise, rounding off would violate the
rule on proportional representation! Although some seats would not be filled,
A: based on proportional representation from political parties (including party it is not mandatory that all seats be filled up. What is necessary is that there
list) having membership in the senate or House of representatives. be a quorum (Guingona vs. Gonzales)
Two Electoral Tribunals A: NO. Sec 17 of Article VI provides that the SET/HRET is the sole judge of
all contests x x x. Hence, from its decision, there is no appeal. Appeal is not
Senate Electoral Tribunal (SET) a constitutional but merely a statutory right.
House of Representatives Electoral Tribunal (HRET) Q: Is there any remedy from its decision?
Membership 9 members A: YES. A special civil action (an original action not a mode of appeal) for
certiorari under Rule 65 may be filed. This is based on grave abuse of
Judicial Component 3 Supreme Court Justices; the most senior is the discretion amounting to lack or excess of jurisdiction. This will be filed before
chairman (designated by the CJ) the SC.
Legislative Component 6 senators / congressmen chosen on the basis of [The other form of Certiorari is Rule 45, which is a mode of appeal
proportional representation on pure questions of law. This is a mode of appeal unlike the Special Civil
action for Certiorari under Rule 65]
Bondoc vs. Pineda
SET/HRETs jurisdiction is limited to contests relating to the
election x x x of their respective members
1) One-subject-one-title rule
Tobias vs. Abalos
Sec 26(1), Art VI Every bill passed by the Congress shall embrace only 1
subject, which shall be expressed in the title thereof. FACTS: San Juan and Mandaluyong used to be municipalities belonging to
one (1) legislative district, with one congressman. RA7675 was enacted
Objectives (De Guzman Jr. vs. COMELEC) entitled, converting Mandaluyong into a highly urbanized city. Section 49 of
said law creates a separate legislative district for Mandaluyong. The people
To prevent hodge-podge or log-rolling legislation; approved the law in a plebiscite. Tobias now questions the legality of the law
on the ground that it has 2 unrelated subjects: (1) conversion of
To prevent surprise or fraud upon the legislature by means of provisions in Mandaluyong into a highly urbanized city, and (2) creation of a separate
bills of which the title gives no information and which might thus be legislative district for Mandaluyong.
overlooked and carelessly and unintentionally adopted; and
This rule is interpreted liberally! This, for as long as various provisions are germane to the subject matter
which is expressed in the title the rule is complied with.
Philippine Judges Association vs. Prado
(one in Senate, one in HOR = 6 days/readings all-in-all) While the sufficiency of the factual basis of the suspension of the writ of
Habeas Corpus or declaration of martial law is subject to Judicial review
First Reading because basic rights of individuals may be at hazard, the factual basis of
presidential certification of bills, which involves doing away with procedural
the bills title is read; it is assigned a number, and then referred to the requirements designed to insure that bill are duly considered by member of
appropriate committee congress, certainly should elicit a different standard of review.
no deliberations yet
In the committee to which the bill was referred to, it may die a natural death After 3 readings, the bill will be sent to the other house where it will
if said committee sits on it. undergo the same cumbersome process.
If the members of the committee endorse the bill to the plenary, it will be If both houses have different versions of the Bill, said versions will be sent
nd
calendared for 2 reading. to the Bicameral Conference Committee for reconciliation.
Second Reading
The bill is sent back to the plenary. BICAMERAL CONFERENCE COMMITTEE (Sec 1, Art VI
Bicameral Congress)
In the plenary, it will be discussed in its entirety; there will be sponsorship
speech, interpellations, deliberations; amendments may also be introduced. Q: Is this mentioned in the Constitution?
Tolentino vs. Secretary of Finance Primarily, it is a mechanism for compromising differences between the
senate and the HoR; this is because we have a bicameral Congress.
When the president certifies as to the necessity of the Bills immediate
enactment, it need not undergo 3 readings on 3 separate days and printed It is capable of producing unexpected results which can even go beyond its
copies of the Bill need not be distributed to the members 3 days before the mandate.
rd
3 reading.
If the yeas prevail over the nays the bill is passed and will be sent to the
Senate Predient and the HoR speaker for signing.
Q: Between the enrolled bill and the Journal, which prevails?
If the nays prevail over the yeas another bicameral conference committee
will be created until an acceptable version of the bill is created; the court did A: General Rule: Enrolled bill prevails
not say that the bill is killed.
Exception: Journal prevails as to the matters required by law to be
Enrolled Bill Doctrine entered into the Journal. They are regarded as conclusive:
rd
Q: What is the enrolled bill doctrine? The yeas and nays on the 3 and final reading
A: Once a bill has become an enrolled bill, it becomes conclusive upon the Art VI. Sec 26(2) Upon the last reading of a bill x x x the vote thereon shall
courts as to its enactment*, so that the courts will not inquire into whether be taken immediately thereafter, and the yeas and nays entered in the
that Bill was regularly enacted or not. Journal.
* It is the enactment only and NOT its constitutionality or validity, which is The yeas and nays on any question at the request of 1/5 of the members
subject to judicial review. present
Q: What is an enrolled bill? Art VI, Sec 16(4) Each house shall keep a journal of its proceedings x x x
and the yeas and nays on any question shall, at the request of 1/5 of the
A: It is a bill that contains the signatures of the respective secretaries of both members present, be entered in the journal.
Houses of Congress, of the House Speaker and of the Senate President;
and is to be sent to the President for his signature. The yeas and nays upon re-passing a bill over the Presidents veto.
In other words, the following are the signatories to the enrolled bill: Art VI Sec 27(1) In such cases, the votes of each house shall be
determined by yeas or nays, and the names of the members voting for or
Secretary of the senate and of the against shall be entered in its journal.
Senate president Art VI Sec 27(1) every bill passed by Congress shall, before it becomes a
law, be presented to the President x x x otherwise, he shall veto it and return
Astorga vs. Villegas (3) President does not do anything (inaction) automatically
becomes a law thirty (30) days after receipt of the bill.
FACTS: A bill of local application was filed in the and was there passed
rd
on 3 reading without amendments. Forthwith, the bill was sent to the
Senate for its concurrence. It was approved with minor amendments
suggested by Senator Roxas, that instead of the City Engineer, it be the First option: President approves the Bill
President Protempore of the Municipal Board who should succeed the Vice
Mayor in case of the latters incapacity to act as Mayor. However, on second Sec 27 (1), Art VI Every bill passed by Congress shall, before it becomes
reading, substantial amendments to this were introduced by Senator a law, be presented to the President. If he approves the same, he shall sign
Tolentino. These were approved in toto by Senate. The amendment it xxx
recommended by Senator Roxas does not appear in the Journal of the
Senate proceedings as having been acted upon. When the Secretary of the Second option: President vetoes the bill
Senate sent a letter to the that the House Bill No. 9266 had been passed
by the Senate with amendments, he attached a certification of the Sec 27 (1), Art VI Every bill passed by Congress shall, before it becomes
amendment, which were the ones actually approved by the senate. The a law, be presented to the President x x x otherwise, he shall veto it and
thereafter signified its approval of the bill and caused copies thereof to be return the same with his objections to the House where it originated.
printed. The printed copies were then certified and attested by the
secretaries of the and the senate and the speaker of the and the Requirements:
Senate president. When the printed copies were sent to the President, he
affixed his signature thereto by was of approval. The bill became R.A. 4065. Sent the bill back to Congress,
However, Senator Tolentino issued a press statement that the bill signed
into law by the President was the wrong version. Consequently, the Senate Together with his objections (veto message)
President withdrew his signature.
Last stage
From Congress, the bill will be sent to the President. Kinds of Veto
Q: How many options does the president have? General Veto Art VI, Sec 27, par 1
A: 3 options:
Item Veto or Line Veto Art VI, Sec 27, par 2 The President shall have the
(1) President approves the bill bill becomes a law power to veto any particular item or items in an appropriation, revenue, or
A: NO.
General Rule: President may not veto a provision without vetoing the entire
bill. Q: How about a Governor?
The rule is all or nothing; selective veto is not allowed. A: Yes. There is a vice-governor.
The president may not veto a bill without vetoing the entire bill. The
executive must veto a bill in its entirety or not at all. He cannot be an editor
crossing our provisions which she dislikes. (Bengzon vs. Drilon) Q: How about a Mayor?
Exceptions: Selective veto is allowed in 3 kinds o bill (ART) A. Yes. There is vice-mayor.
Ultra-vires/
Sec 55 of LGC par. B: on Item/line veto: [PAL] A: Person-in-authority (recall Crim Book II can be subject to direct assault)
Provisions in an appropriation bill must relate to some particular provision Sec 27 (1), Art VI [last sentence] x x x The president shall communicate
therein (see Art VI, Sec 25(2)). If it does not, it becomes an inappropriate his veto of any bill to the House where it originated within thirty days after the
provision and will be treated as an item. Thus, it can be subject to the item ate of receipt thereof; otherwise, it shall become a law as if he had
veto (Gonzales vs. Macaraig) signed it.
FACTS: the General Appropriations Bill contained a provision prohibiting the A: NO. There is not such thing as pocket veto in the Philippines. Unlike in
President from augmenting the funds of one department from the other. the US if within 10 days, the president fails to act on the Bill and Congress
President Aquino vetoed that provision. Congress argued that what she adjourns, the bill does not become a law. In our jurisdiction, the bill
vetoed was a provision, not an item. Thus, she effectively vetoed the entire automatically becomes a law if the President does not act within 30 days
bill since the item veto refers to items and not to provisions. after receipt of the Bill.
HELD: The Court sustained the validity of the exercise by the President of Example of Bills which lapsed into law by the Presidents inaction:
her veto power, invoking the doctrine of inappropriate provision.
Bar Flunkers Act President Quirino
Changing the name of Manila Intl Airport to Ninoy Aquino Intl Airport
Section 25, par 2, Art VI No provision or enactment shall be embraced in President Aquino
the general appropriations bill, unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates.
Q: What if the President does not veto the inappropriate item?
A: NO. What the president may validly veto is ONLY a BILL and neither the
provisions of LAW 35 years before his term nor a final and executory Doctrine of Qualified Political Agency (Alter Ego Doctrine)
judgment of the Supreme Court. (Bengzon vs. Drilon)
Members of the Cabinet are considered acts/decisions of the President
UNLESS reprobated by the latter.
Item vs. Provision in an appropriation bill Members of the Cabinet are considered alter ego of he President.
An item is a specific appropriation of money, not some general provision EXECUTIVE DEPARTMENT
of law that happens to be in an appropriation bill.
Q: What power belongs to the President? QUALIFICATIONS AND TERM OF OFFICE OF THE VICE PRESIDENT
A: Power of the Sword. (Power of the Purse belongs to the Congress.) - same as the President
st
ARTICLE VII, Sec. 3, 1 par. There shall be a Vice President who shall
have the same qualifications and term of office xxx as the President."
FAITHFUL EXECUTION CLAUSE
- may be re-elected once!
nd
ARTICLE VII, Sec. 17, 2 sentence: xxx he shall ensure that the laws be
nd
faithfully executed. ARTICLE VII, Sec. 3, 2 par. No Vice President shall serve for more than
two successive terms.
(4) at least 40 years of age on the day of the election ARTICLE VII, Sec 8 In case of death, permanent disability, removal from
office or resignation of the President, the Vice President shall become the
(5) resident of the Philippines for at least 10 years immediately preceding President to serve the unexpired term.
the election
4 INSTANCES:
- Enumeration is exclusive!
(1) Death
- The Constitution specifically provided that the Congress cannot add nor
subtract from the list. (2) Permanent disability
(3) Removal
TERM OF OFFICE OF THE PRESIDENT ARTICLE VII, Sec. 4 - The President can only be removed by means of impeachment.
- The President is the highest officer of the land, hence, there is no one to
Q: Was Estrada impeached? act on his resignation.
- Form of Resignation: the validity of a resignation is not governed (2) Power of Control
by any formal requirement as to form it can be oral or written; express or
implied as long as the resignation is clear, it must be given effect. - ARTICLE VII, Sec. 17 The President shall have
control of all the executive departments, bureaus, and offices xxx.
- 5 matters mentioned:
II. SPECIFIC POWERS FOUND SOMEWHERE ELSE IN THE
(a) reprieves CONSITUTION
(b) commutations
(c) pardons (1) Power of general supervision over local governments
(d) remit fines and forfeitures
(in these 4, conviction by final judgment is a requirement) - ARTICLE X, Sec. 4 The President of the Philippines
(e) amnesty shall exercise general supervision over local governments xxx.
- require concurrence of the majority of Congress
- conviction by final judgment is not a requirement
- if case is still pending, may extend amnesty
(2) Veto Power
(5) Borrowing Power
- ARTICLE VI, Sec. 27
- ARTICLE VII, Sec. 20 The President may contract or
guarantee foreign loans on behalf of the Republic of the Philippines with the
prior concurrence of the Monetary Board, and subject to limitations as may
be provided by law xxx. (3) Power to call Congress to special session
(6) Treaty-Making Power - ARTICLE VI, Sec. 15 The President may call a
special session at any time.
- refusal of the President, for whatever reason, to spend (1) list of officers who are to appointed by the President
funds made available by Congress. It is the failure to spend or obligate (2) ad interim appointments
budget authority or any type. (PHIILCONSA VS. ENRIQUEZ)
(a) authority to impound given by Congress Q: Will all appointments of the President require confirmation of the
(b) executive power president as the commander-in-chief Commission on Appointments?
(c) faithful execution clause
A: Not all appointments require confirmation under the present Constitution.
st
(2) Unstated Residual Powers Only those officers enumerated in the 1 sentence require confirmation.
(Sarmiento vs. Mison)
- powers which are not found in the Constitution, but he
may validly exercise. (Marcos vs. Manglapuz).
- reserved powers of the president - Under the 1935 Constitution, all appointments need confirmation.
A: No.
- Present PNP is no longer part of the AFP; is a civilian institution
MANALO VS. SISTOZA placed under DILG. Unlike PCINP, which is a part of AFP, it is in fact armed
forces.
- President Aquino promoted 15 police officers by appointing them
to positions in the PNP with the rank of Chief Superintendent to Director.
Without their names submitted to the Commission on Appointments for
confirmation, the said police officers took their oath and assumed their (4) Other officers of the government whose appointments are vested in him
respective positions. Manalo questioned this on the ground that both under in this Constitution
Sec. 16, ARTICLE VII of the 1987 Constitution and RA. 6975 (Local Govt
Act of 1990) require their appointments to be submitted for confirmation and EX: Chairmen and members of CSC, Comelec, COA (by express provision)
that PNP is akin to the AFP.
Regular members of JBC (ARTICLE VII, Sec. 8, Par. 2)
- It is evident that the position of Commissioner of Bureau of Customs (a A: AD INTERIM literally means in the meantime or for the time being.
bureau head) is not one of those within the first group of appointments
where the consent of the Commission on appointments is required. - These are appointments made by the President when Congress is not
in session.
MATIBAG VS. BENIPAYO d) where the appointee has previously served a term of less than
seven years, and a vacancy arises from death or resignation.
- Benipayo, Tuason, and Borra were appointed Chairman and
Commissioners respectively of the COMELEC by the President when
Congress was not in session. These ad interim appointments were by-
nd
passed by the Commission on Appointments. However, they were - 2 issue is of first impression! (not yet asked in the bar)
subsequently re-appointed by the President to the same positions. Upon
assumption to office, Benipayo transferred Matibag to another department. - In any of these four situations, it presupposes that the appointment had
Matibag now questions the validity of the appointments on the grounds that: already been confirmed by the Commission on Appointments. It will not
(1) the ad interim appointments violate ARTICLE IX-C, Sec. 1, Par. 2 In apply in this case where the appointments were by-passsed.
no case shall any member be appointed or designated in a temporary or
acting capacity (Matibag is of the impression that such ad interim
appointments are temporary because they are revocable at the will of the
President); and (2) even assuming they are valid, their re-appointment Q: What if the appointments were actually disapproved and not simply by-
violates ARTICLE IX-C, Sec. 1, Par. 2 The chairman and the passed, can they still be validly reappointed?
commissioners shall be appointed xxx for a term of seven years without
reappointment. A: No. The disapproval is actually a judgment on the merits of their
qualification. The principle of checks and balances will come into play.
SC: (1) An ad interim appointment is permanent in character (Summers vs.
Ozaeta). The Consitution imposes no condition on the effectivity of an ad
interim appointment and thus an ad interim takes effect immediately.
PIMENTEL VS. ERMITA
- The Constitution itself makes ad interim permanent appointment.
- The cabinet secretaries were appointed as acting secretaries of their
- An ad interim appointment is not descriptive of the nature of the respective departments while Congress is in session. Thus, the Senators
appointment, that is, it is not indicative of whether the appointment is filed a petition to compel the president to extend regular appointments.
temporary or in an acting capacity, rather it denotes the manner in which the
appointment was made. (Marohombsar vs. CA)
(2) There are four situations where ARTICLE IX-C, Sec. 1, Par. 2 will apply: SC: Nature of the Power to Appoint
a) where an ad interim appointee to the Comelec, after - The power to appoint is essentially executive in nature, and the legislature
confirmation by the Commission on appointment, serves his full seven-year may not interfere with the exercise of this power except in those instances
term; when the Constitution expressly allows it to interfere.
Ad Interim Acting Appointments - This applies only to a presidential election: every 6 years.
extended only during a recess of extended anytime there is a vacancy Q: To what kind of appointment is this directed against?
Congress
A: This is directed against 2 types of appointments: (In Re: Valenzuela and
permanent in nature merely temporary Vallaria)
requires confirmation by the does not require such confirmation (1) those made for buying votes (to influence the outcome of
Commission on Appointments Presidential elections)
Note: Mootness of the Petition When the Congress adjourned, GMA - refers to those appointments made within the 2 months
extended ad interim appointments but this is an exception because the case preceding a Presidential election and are similar to those which are declared
is capable of repetition yet evading review. election offenses in the Omnibus Election Code.
LIMITATIONS ON THE APPOINTING POWER OF THE PRESIDENT (2) those made for partisan considerations (the so-called midnight
appointments)
(1) ARTICLE VII, Sec. 13, Par. 2 The spouse and relative by
consanguinity or affinity within the fourth civil degree of the President shall - refers to appointments made after election day but
not, during his tenure be appointed as member of the Constitutional before the term of the next president begins (30 June).
Commissions, or the Office of the Ombudsman, or as secretaries,
undersecrataries, chairmen or heads of bureaus or offices, including - Hence, this provision contemplate not only midnight appointments
government-owned or controlled corporations and their subsidiaries. (appointments made for partisan considerations where an outgoing
(nepotic appointments) President fells up all vacant positions thereby preempting an incoming
president of his prerogative) but also appointments presumed made for the
- This is a prohibition against NEPOTISM on the President. purpose of influencing the outcome of the Presidential election.
A: (1) Constitutional Commissions COA, Comelec, CSC - After the proclamation of Diosdado Macapagal as duly elected President,
President Carlos P. Garcia, who was defeated in his bid for reelection,
- The only exception is temporary appointments to executive positions when A: (1) President
continued vacancies therein will prejudice public service or endanger public
safety. However, this case does not even fall within the exception. Their (2) Vice President
appointments are not temporary and not to an executive but to the judiciary.
(3) Member of the Cabinet and their deputies or assistants
Q: How do you detect if its a midnight appointment or for purpose of vote-
buying? - applies to private employment
A: If the appointment was made within 2 months immediately preceding the - the idea is for them to focus in their functions
presidential election, then the purpose is for vote-buying or to influence the
outcome of the elections. IF the appointment was made after the Q: What are the exceptions?
Presidential election but before the outgoing presidents term end (his term
ends noon of June 30), then it is midnight appointment. A: (1) unless otherwise provided in this Constitution
DE RAMA VS. CA EX: The Vice President may be appointed as a Member of the
Cabinet xxx. (ARTICLE VII, Sec. 3, Par. 2)
- Ma. Evelyn S. Abeja was a municipal Mayor. When her term is about to
end, she filled up all the positions before she vacated her position. When The Secretary of Justice is an ex-officio Member fo the
her successor sit, there was no more vacancy and all the appointments were Judicial and Bar Council (ARTICLE VIII, Sec. 8, Par. 1)
nullified by the latter on the ground that they were midnight appointments.
(2) If they will hold that other office in an ex-officio capacity. (Civil
SC: The records reveal that when De Rama brought the matter of recalling Liberties Union vs. Exec. Sec.)
the appointments of the 14 respondents before the CSC, the only reason he
cited to justify his action was that these were midnight appointments that CIVIL LIBERTIES UNION VS. EXECUTIVE SECRETARY
are forbidden under ARTICLE VII, Sec. 15 of the Constitution. However, the
CSC ruled and correctly so, that the said prohibition applies only to President Aquino issued EO 284 allowing member of cabinet to hold not
presidential appointments. In truth and in fact, there is no law that prohibits more than 2 other positions in the government including government-owned
local elective officials from making appointments during the last days of his and controlled corporations. EO 284 was issued when President Aquino still
or her tenure. exercises legislative powers. The idea was to have them earn more.
- This was a reaction to what happened during the Marcos Regime. There Congressman and Cabinet Secretary
was proliferation of newly created agencies, instrumentalities, and
government-owned or controlled corporations created by presidential ARTICLE VI, Sec 13 No Senator or Member of the
decrees and other modes of presidential issuances where cabinet members, House of Representatives may hold any other office or employment in the
their deputies and assistants were designated to head or sit as member of Government, or any subdivision, agency, or instrumentality thereof, including
the board with the corresponding salary, emoluments, per diems, GOCCs or their subsidiaries, during his term without forfeiting his seat.
allowances, and other perquisites of the office. This practice of holding Neither shall he be appointed to any office which may have been created or
multiple offices or positions in the government soon led to abuses by emoluments thereof increased during the term for which he was elected.
unscrupulous public officials who took advantage of this scheme for
purposes of self-enrichment. INCOMPATIBLE OFFICE FORBIDDEN OFFICE
- EO 284 was declared null and void! referred to in the first sentence referred to in the second sentence
PUBLIC INTEREST CENTER, INC. VS. ELMA one which may not be held by a one which is forbidden by law even if
member during his TERM of office he is willing to forfeit his seat.
Magdangal B. Elma was appointed by the President as Chairman of the without forfeiting his seat.
PCGG. At the same time, he was appointed as Chief Presidential Legal
Counsel. At that time, PCGG was placed directly under the Office of the TERM: provided by law
President and PCGG Chairman has the same rank, position, and salary as TENURE: actual stay in office
that of a cabinet secretary. Public Interest center questioned this on the -not necessary for him to resign
before he accepts the other office; It
PIMENTEL VS. AGUIRRE - The power to investigate is an incident of the power of control.
SC: Such withholding clearly contravenes the Constitution and the law. The INSTANCES WHEN THE PRESIDENT MAY CALL OUT AFP To suppress
Constitution vests the President with the power of supervision, not control,
over LGUs. Such power enables him to see to it that LGUs and their (1) lawless violence
officials execute their tasks in accordance with law. While he may issue (2) invasion
advisories and seek their cooperation in solving economic difficulties, he (3) rebellion
cannot prevent them from performing their tasks and using available
resources to achieve their goals. He may not withhold or alter any authority
or power given them by law. Thus, the withholding of a portion of internal INSTANCES WHEN THE PRESIDENT MAY DECLARE MARTIAL LAW or
revenue allotments legally due them cannot be directed by administrative SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS
fiat.
(1) invasion }
GANZON VS. CA } when public safety requires it
- The Congress, voting jointly, by a vote of at least a majority of all its - All were sentenced to die by musketry.
members in regular or special session,, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President. - While the case was pending before the SC, EDSA I happened.
- Upon the initiative of the President, the Congress, may in the same - Justice Teehankee, the lone dissenter in the Aquino case,
manner, extend such proclamation or suspension for a period to be became the Chief Justice of SC and he penned the Olaguer doctrine.
determined by the Congress, if the invasion or rebellion shall persist and
public safety requires it.
- The Congress, if not in session, shall, within 24 hours following such - ARTICLE VII, Sec. 18, Par. 5 The suspension of the privilege of the writ
proclamation or suspension, convene in accordance with its rules without shall apply only to persons judicially charged for rebellion or offenses
need of a call. inherent in or directly connected with invasion.
- A state of martial law does not suspend the operation of the Constitution, - In connection with ARTICLE III, Sec. 13 If the offense is bailable, one
nor supplant the functioning of the civil courts or legislative assemblies, NOR can still post bail because under this The right to bail shall not be impaired
authorize the conferment of jurisdiction on military courts and agencies over even if the privilege of the writ of habeas corpus is suspended.
civilians, where civil courts are able to function, (OLAGUER DOCTRINE)
Nor automatically suspend the privilege of the writ. - ARTICLE VII, sec. 18, Par. 6 During the suspension of the privilege of
the writ, any person thus arrested or detained shall be judicially charged
OLAGUER DOCTRINE within 3 days, otherwise he shall be released.
- during martial law, military courts may assume jurisdiction over PARDONING POWER
civilians
ARTICLE VII, Sec.19 Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves,
FIVE MATTERS COVERED - Hence, amnesty, which is an official act of the President, no longer
requires proof.
(1) To grant reprieves
(2) To grant commutations - On the other hand, pardon, being a private act of the President, requires
(3) To grant pardons proof and the convict who was granted such pardon has the burden of proof.
(4) To remit fines and forfeitures
(5) To grant amnesty
PARDON AMNESTY (4) not applicable to election offenses without favorable recommendation of
Comelec (ARTICLE IX-C, Sec. 5)
concurrence of congress is not concurrence of congress is required
required
conviction by final judgment is may be granted even without prior REPRIEVE suspension or stay of execution of a death convict
required conviction by final judgment
Probation suspension of penalty
may mean forgiveness but not erases whatever shade of guilt there
forgetfulness was COMMUTATION reduction of penalty by 1 degree from death to RP
usually extended to individuals extended to group of individuals Q: Is pardon available to those guilty of administrative offenses?
convicted of common crimes charged of political offenses
A: Yes. Pardon is available not only to those guilty of criminal offense but
private act of the President official act of the President also to those guilty of administrative offense. Section 19, ARTICLE VII
makes no distinction between criminal offense and administrative offense
except with respect to impeachment. If persons convicted of heinous crimes
where evidence of guilt is beyond reasonable doubt are entitled to pardon,
- Important to know distinction because of judicial notice why do we have to deny the same to those convicted of administrative
offenses where only substantial evidence is required? (LLAMAS VS.
- Under the law on evidence, there are 3 things which need not be proven: ORBOS)
(1) those matters which the court must take judicial notice of
- A pardon looks to the future. It is not retrospective. It makes no amends - The bestowal of executive clemency on Garcia in effect completely
for the part. It affords no relief for what has been suffered by the offender. obliterated the adverse effects of the administrative decision which found
him guilty of dishonesty and ordered his separation from the service. This
- Hence, she is excused from serving sentence; but in the eyes of the law, can be inferred from the executive clemency itself exculpating Garcia from
she is still a convict. Unless the grant expressly so provides, she cannot be the administrative charge and thereby directing his reinstatement, which is
reinstated. And since she is not entitled to be reinstated, with more reason rendered automatic by the grant of the pardon. This signifies that petitioner
that she is not entitled to backwages. need no longer apply to be reinstated to his former employment. He is
reinstated to his office ipso facto upon the issuance of the clemency. His
- It does not impose upon the government any obligation to make reparation automatic reinstatement entitles him to backwages.
for what has been suffered since the offense has been established by
judicial proceedings, that which has been done or suffered while they were - He is entitled to full backwages for 8 years. Verily, law, equity, and justice
in force is presumed to have been rightfully done and justly suffered and no dictate that Garcia be afforded compassion for the embarrassment,
satisfaction for it can be required. humiliation, and above all injustice caused to him and his family by his
unfounded dismissal. This is a little measure. SC even commended him for
protecting government property.
Garcia was an employee of the Bureau of Telecommunications. Several ESTRADA VS. DESIERTO
properties of BT were lost. He was summarily dismissed from the service on
the ground of dishonesty. It became final subsequently. A criminal case for Leo Echegaray was convicted of qualified rape. At that time, the death
qualified theft was filed against Garcia based on the same facts obtaining in penalty is still in effect. On the date he is to be executed by lethal injection,
the administrative actions. After a full blown trial, Garcia was acquitted not the SC issued a TRO. This was criticized on the ground, among others, that
A: INTERNATIONAL EXECUTIVE - Section 21, ARTICLE VII deals with treaties or international agreements in
general, in which case, the concurrence of at least 2/3 of all the Members of
- involves major policy - involves implementation of the Senate is required to make the subject treaty or international agreement
that policy valid and binding on the part of the Philippines. This provision lays down the
general rule on treaties or international agreements and applies to any form
- more or less permanent and of - more or less temporary longer of treaty with a wide variety of subject matter, such as, but not limited to,
duration and of short duration extradition or tax treaties or those economic in nature. All treaties or
international agreements, entered into by the Philippines, regardless of
Q: Is VFA a treaty? subject matter, coverage, or particular designation or appellation, requires
the concurrence of the Senate to be valid and effective.
A: Yes. The President himself considered it as a treaty. He referred the
VFA to the Senate for concurrence. - In contrast, Section 25, ARTICLE XVIII is a special provision that applies
to treaties which involve the presence of foreign military bases, troops, or
Q: What are the conditions before foreign military bases, troops, or facilities facilities in the Philippines. Under this provision, the concurrence of the
may be allowed in the Philippines pursuant to ARTICLE XVIII, Sec. 25 of the Senate is only one of the requisites to render compliance with the
1987 Constitution? constitutional requirement and to consider the agreement binding on the
Philippines.
A: Sec. 25, ARTICLE XVIII disallows foreign military bases, troops or
facilities in the country unless the following conditions are sufficiently met: - Undoubtedly, section 25, ARTICLE XVIII which specifically deals with
treaties involving foreign military bases, troops, or facilities should apply in
(a) it must be under a treaty; the instant case. It is a finely-imbedded principle in statutory construction
that special provision or law prevails over a general one. To a certain extent
(b) the treaty must be duly concurred in by the Senate and when so and in a limited sense, however the provisions of Section 21, ARTICLE VII
required by Congress, ratified by a majority of the votes cast by the people in will find applicability with regard to the issue and for the sole purpose of
a national referendum; and determining the number of votes required to obtain the valid concurrence of
the Senate.
(c) recognized as a treaty by the other contracting state
Q: The nature of the petition filed was for certiorari and prohibition. Did it
constitute grave abuse of discretion on the part of the President when he
submitted the VFA to the Senate invoking Section 21 instead of Section 25?
BAYAN VS. ZAMORA A: No! The President, in ratifying the VFA and in submitting the same to
Senate for concurrence, acted within the confines and limits of the powers
The President entered into a VFA with the US under which American troops
vested in him by the Constitution. It is of no moment that the President, in
will be allowed to enter the Philippines to conduct joint military exercises with the exercise of his wide latitude of discretion and in the honest belief that
members of the Philippine armed forces. He subsequently transmitted said
VFA falls within the ambit of Section 21, ARTICLE VII of the Constitution
VFA to the Senate for concurrence invoking his treaty-making power under
referred to the Senate for concurrence. Certainly, no abuse of discretion
Section 21, ARTICLE VII of the 1987 Constitution. Petitioners, who are
much less a grave, patent and whimsical abuse of judgment, may be
opposed to the VFA, challenged the constitutionality of said VFA contending imputed to the President in his act of ratifying the VFA and referring the
that it was grave abuse of discretion on the part of the President to transmit
same to the Senate for the purpose of complying with the concurrence
the same to the Senate invoking Section 21, ARTICLE VII of the Constitution
requirement embodied in the fundamental law. In doing so, the President
as the controlling provision should have been Section 25, ARTICLE XVIII.
merely performed a constitutional task and exercised a prerogative that
chiefly pertains to the functions of his office.
Q: Which Constitutional provision was upheld?
- Correlate with Section 25(1), ARTICLE VI Congress may not increase VOTING
the appropriations recommended by the President for the operation of the - Only the members present and who participated in the deliberations on the
Govt as specified in the budget. The form, content, and manner of issues in the case shall vote.
preparation of the budget shall be prescribed by law. - All cases xxx which shall be heard en banc xxx shall be decided with the
- The most that Congress could do is to trim down or slash the budget! concurrence of a majority of members who actually took part in the
INFORMING POWER deliberations on the issues in the case and voted thereon.
ARTICLE VII, Sec. 23 The President shall address the Congress at the - Cases or matters heard by division shall be decided or resolved with the
opening of the regular session. He may also appear before it at any other concurrence of a majority of Members who actually took part in the
time. deliberations on the issues in the case and voted thereon and in no case,
without the concurrence of a t least 3 such members.
JUDICIAL DEPARTMENT
JUDICIAL POWER - When the required number is not obtained, the case shall be decided en
banc.
ARTICLE VIII, Sec. 1
- No doctrine or principle of law laid down by the court in a decision
TYPES OF POLITICAL QUESTIONS rendered en banc or in a division may be modified or reversed except by the
court sitting en banc.
THREE IMPORTANT FUNCTIONS OF THE COURT
REQUISITES FOR THE EXERCISE OF JUDICIAL REVIEW
COMPOSITION OF THE SUPREME COURT Section 4, ARTICLE VIII Q: What cases are to be heard by the Supreme Court en banc?
- 15 Justices: Chief Justice and 14 associate Justices
- May sit en banc or, in its discretion, in divisions of 3, 5, or 7 members A: (1) Cases in which the constitutionality or validity of any treaty,
- In practice, sits in division of 5 international or executive agreement, law, executive order, or presidential
- First division: Chief Justice = Chairman decree, proclamation, order, instruction, ordinance or regulation is in
st question;
- Second division: 1 most senior = Chairman
nd
- Third division: 2 most senior = Chairman
(2) Criminal cases in which the appealed decision imposes the death
QUALIFICATION Section 7, ARTICLE VIII penalty;
OF MEMBERS OF SUPREME OF ANY LOWER COLLEGIATE
COURT COURT (3) Cases raising novel questions of law;
(1) natural born citizen of the Phils. (1) citizen of the Phils.
(2) at least 40 years of age (2) member of the Bar (4) Cases affecting ambassadors, other public ministers and consuls;
(3) must have been for 15 years or (3) possesses the qualifications
more a judge of a lower court or prescribed by Congress (5) Cases involving decisions, resolutions, or orders of the CSC,
engaged in the practice of law in the Comelec, and COA;
Phils
(4) must be a person of proven (4) must be a person of proven (6) Cases where the penalty to be imposed is the dismissal of a judge,
competence, integrity, probity and competence, integrity officer or employee of the judiciary, disbarment of a lawyer, or either the
(9) All other cases as the court en banc by a majority of its actual (2) ARTICLE VIII, Sec. 3 The Judiciary shall enjoy fiscal autonomy.
membership may deem of sufficient importance to merit its attention. Appropriations for the Judiciary may not be reduced by the legislature below
the amount appropriated for the previous year and after approval, shall be
CONSTITUTIONAL PROVISIONS THAT TEND TO STRENGTHEN THE automatically and regularly released.
INDEPENDENCE OF THE JUDICIARY
(1) ARTICLE VIII, Sec. 9 The Members of the Supreme Court and judges
of lower courts shall be appointed by the President from a list of at least Q: What is fiscal autonomy?
three nominees prepared by the Judicial and bar Council for every vacancy.
Such appointments need no confirmation. A: Fiscal autonomy contemplates a guarantee of full flexibility to
allocate and utilize their resources with the wisdom and dispatch that their
needs require. It recognizes the power and authority to levy, assess and
collect fees, fix rates of compensation not exceeding the highest rates
JUDICIAL AND BAR COUNCIL (Section 8, Article VIII) authorized by law for compensation and pay plans of the govt and allocate
and disburse such sums as may be provided by law or prescribed by them in
Functions: the course of the discharge of their functions. Fiscal autonomy means
freedom from the outside control.
-principal function of recommending appointees to the judiciary
The 1st sections are entitled Principles, while the rest are entitled Policies BUT, does not that when we are attacked, we cannot engage in war!
However, there seems to be no clear distinction between what are Constitution only renounces offensive war, not defensive war
Principles and what are Policies.
This is one of the Rights of States:
1. Sovereignty and Independence
II. Sec. 1, Art. Ii The Philippines I a democratic and 2. Property and Jurisdiction
republican State. Sovereignty resides in the people and 3. Equality
all government authority emanates from them. 4. Existence and Self-Defense
5. Diplomatic Intercourse
This is prescriptive of the kind of government that we should have it should
be democratic and republican. We cannot have any other kind of This is constituent with the policy of the UN, of which we are a member.
government
Adopt: the generally accepted principles of international law as part of the
Note that in International Law, it is not concerned with the kind of law of the land
government. What is essential is that there is a government, since it is an
essential element of the State. Reaffirms the Doctrine of Incorporation
Republican hence, we have a representative type of Examples of generally accepted principles of International Law
government we elect our leaders. 1. Pacta sunt servanda
2. Rebus sic stantibus
Thus, we have Art. V on Suffrage, and Art. IX-C on 3. State Immunity from Suit
COMELEC 4. Sovereign Equality if States
Relate to Art. XI, Sec 1 Public office is a public trust. Public officers and IV. Sec. 3, Art II Civilian authority is at all times, supreme
employees must at all times be accountabels to the people, serve them with over the military. The AFP is the protector of the people
utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and and the State. Its goal is to secure the sovereignty of the
justice, and lead modest lives. State snd the integrity of the national territory.
Because sovereignty resides in the people, public office is This is known as the Civilian Supremacy Clause
a public trust. Hence, there is the sense of accountability.
III. Sec. 2, Art II The Philippines renounces war as an It is expressly stated that it is SUPREME over the military
instrument of national policy, adopts the generally
accepted principles of international law as part of the law Role of the AFP:
of the land and adhere to the policy of peace, equality, 1. Secure State sovereignty
justice, freedom, cooperation, and amity with all nations 2. Secure integrity of the national territory
War is renounced as an instrument of national policy. Q: The provision says the AFP is the protector of the people
and the State Does this justify a coup d etat?
Thus, no one has the power to declare war
BUT: Congress can declare a State of War A: NO! This clause should not be lifted out of context. Look
st
at the 1 sentence of the provision that the civilian authority is supreme
A: To serve and protect the people Thus, its violation gives rise to a cause of action.
Art. XIII, Sec. 7 The State shall protect the rights of FACTS: The Manila Hotel, which was previously
subsistence fishermen, especially of local communities, to owned by a US Corporation, was then owned by
the preferential use of communal marine and fishing GSIS. Pursuant to the policy of Privatization, the
resources, both inland and offshore. GSIS held it up for bidding. The Filipino
Corporation lost. However, it offered to match
TANO v. SOCRATES (GR. 110249, 21 Aug. 1997) the bid of the winning foreign corporation.
FACTS: The Province of Palawan and City of HELD: (1) Art. XI, Sec. 10 (2) is a self-executing
Pierto Princesa enacted ordinances prohibiting provision. It is a mandatory, positive command
the catching and exportation of live tropical that is complete in itself and which needs no
fishes. Some fishermen were apprehended for further guidelines or implementing laws or rules
violating said ordinances, They now challenge for its enforcement, it does not require any
the constitutionality of said ordinances, invoking legislation to put it in operation.
their preferential rights as subsistence fishermen
to the use of our communal marine resources. (2) The word patrimony means heritage.
Heritage includes not only natural resources but
HELD: The preferential rights of subsistence also our national and cultural heritage. While the
fishermen to the use of marine resources is not Manila Hotel was not originally Filipino, it has
absolute. Marine resources, per the Regalian become truly Filipino, with its own history. It is a
Dontrine and under Art. XII, Sec. 2, belongs to mute witness to our history.
the State, and their exploration, development and
utilization shall be under the States full control 2. Art. II, Sec. 19 The State shall develop a self-reliant and
and supervision. It is a policy enshrined in the independent national economy effectively controlled by
Constitution that the State has the duty to protect Filipinos
and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm TAADA v. ANGARA (272 SCRA 18, [1997])
and harmony of nature. The ordinances are
meant precise to this, so that the enjoyment of HELD: This economic policy does not rule out
our resources may be guaranteed for the present the entry of foreign investments, goods, and
and future generations. The right to a balanced services, nor does it contemplate economic
and healthful ecology carries with it a correlative exclusion or mendicancy in the international
duty to refrain from impairing the environment. community. Aside from envisioning a trade
policy based on equality and reciprocity, the
VII. Provisions on Economic Policy fundamental law encourages industries that are
competitive in bothe domestic and foreign
1. Art. XII, Sec. 10(2) In the grant of rights, privileges, and markets, thereby demonstrating a clear policy
concessions covering the national economy and against a sheltered domestic trade environment,
patrimony, the State shall give preference to qualified but one in favor of the gradual development of
Filipinos robust industries that can compete with the best
in the foreign market.
This is known as the Filipino First Policy
Right of the School to Determine Who may be Admitted to Study This deals with the States power to regulate educational
institutions
Thus, mandamus would not lie to compel a school to
accept a student MIRIAM COLLEGE FOUNDATION v. CA (348 SCRA
265, 15 Dec. 2000)
FACTS: The constitutionality of RA 8371 NOTE: There is really no difference between the
(Indigenous Peoples Reform Act) was quesrioned. The 2 terms, except:
SC en banc voted 7-7, hence, since the presumption is for
constitutionality, such presumption was not overthrown, ICCs the term used in the Constitution
and the law was declared unconstitutional. Each justice
wrote a separate opinion, and all opinions form part of the IPs the term used in the international
decision. community and the UN
SALIENT POINTS NOTE: The terms are always used in the plural
form
1. Nature of RA 8371(Separate Opinion of J. Puno)
3. Ancestral Domain and Ancestral Lands, Definition and
RA 8371: Nature (Separate Opinion of J. Puno)
(1) Recognizes the existence of the indigenous
cultural communities (ICCs) or indigenous Nature:
peoples (IPs) as a distinct sector in the These are private property of indigenous
Philippine society peoples it does not constitute part of the land of
the public domain
(2) Grants them the ownership and possession
of their ancestral domains and ancestral Definitions:
lands, and defines the extent of these lands (1) Ancestral Domain Sec. 3(a),
and domains, IPRA
(3) Gives the indigenous concept of ownership Ancestral Domain all areas
under customary law which traces its origin belonging to ICCs/ IPs held under a
to native title. claim of ownership, occupied or
possessed by ICCs/IPs by
2. Definition and Distinction ICCs/IPs (Separate Opinion themselves or through their
of J. Kapunan) ancestors, communally or
individually since time immemorial,
Sec. 3, RA 8371 IPs/ICCs refer to a group of continuously until the present,
people or homogenous societies identified by except when interrupted by war,
self-ascription and ascription of others, who have force majeure or displacement by
(2) Ancestral Land - Sec. 3(b), IPRA This right of private ownership is
peculiarly granted to ICCs/IPs over their
These are lands held by the Ancestral Lands and Domains.
ICCs/IPs under the same conditions
as ancestral domains except that Formal recognition of this right is embodies in a
these are limited to lands and that Certificate of Ancestral Domain Title (CADT)
these land are not merely occupied
and possessed but are also utilized A CADT is just like a Torrens Title it is
by them under claims of individual evidence of private ownership of land by
or traditional group ownership. native title.
(1) By Native Title over both Meaning, the land is originally public
Ancestral Domain and Ancestral land, which is converted to private
Lands
Note: This requires that the land is
alienable
The land is private in character as far Election Process divided into 3 stages:
back as memory reaches. (1) Pre-election
(2) During election
7. Jura Regalia requires that private title to land must (3) Post Election
be traced to some grant express or implied from
the Spanish Crown or its successors the American
Colonial Government and after, the Philippine PRE-ELECTION STAGE
Government. Registration of Voters
Election Period: 90 days before the day of the election and shall end 30 days - Pre-Proclamation - Election Protest
thereafter Sec. 241,242,243 OEC Counter protest
Sec. 15, RA 7166 Kho v. COMELEC
- Quo Warranto
-Registration -Filing of Certificate of -Campaign Period - Effects of Disqualification
Art. V. Sec 1 Candidacy Sec. 6, RA 7166 - Effect of Death
Sec. 79(A) OEC -Substitution of Guerrero v. De Castro v.
-Political Parties Sec. 73 OEC Candidates COMELEC COMELEC
Art. IX-C, Sec 2(5) Monsale v. Nico Sec. 77 OEC Loong v. COMELEC Santiago v. FVR
Sec. 66 OEC Sec. 12 RA 9006 Salcedo v.
PNOC-EDC v. Miranda v. Abaya COMELEC
NLRC Tecson v. COMELEC
Sec. 26 OEC -Disqualification Cases
COMELEC Sec. 68 OEC
Resolution Sec. 69 OEC (5 days) Art. V, Sec. 2 The Congress shall provide a system for securing
Sec. 78 OEC (25 the secrecy and sanctity of the ballot as well as a system for
days) absentee voting by qualified Filipinos abroad xxx
A: No. It is merely a condition precedent for the exercise of the right ELECTION PERIOD
of suffrage. Registration laws are police power measures designed
to ensure that only those who possess qualifications and none of Q: What is the election period?
the disqualifications can be allowed to exercise the right of suffrage.
They are for the purpose of conducting an honest and free election. A: Art. IX-C, Sec. 9 provides that unless otherwise fixed by the
Commission in special cases, the election period shall commence
90 days before the day of election and shall end 30 days
REGISTRATION OF POLITICAL PARTIES thereafter.
Q: Who has the power to register political parties? PROHIBITED ACTIVITIES DURING ELECTION PERIOD
(1) construction of public highways/ public works
A: COMELEC in accordance with Article IX-C, Sec. 2(5). It is the (2) public employment, appointment
registration with COMELEC that vests personality to an
organization as a political party. CAMPAIGN PERIOD
Art. IX-C, Sec. 2(5) ORGANIZATIONS THAT MAY NOT BE REGISTERED - duration usually shorter
AS POLITICAL PARTIES - depends on the office aspired for
(1) religious denominations and sects -usually starts after the last day of filing of the certificate of candidacy and
(2) those which seek to achieve their goals through violence or ends one day before elections.
unlawful means
(3) those which refuse to uphold the Constitution ELECTION CAMPAIGN
(4) those which are supported by any foreign government - Election Campaign and partisan political activity are the same.
They are used interchangeably.
Art. IX-C, Sec. 2(5) Par. 2 Financial contributions from foreign - Under Sec. 79 (b) Omnibus Election Code, it refers to an act
governments and their agencies to political parties, organization, designed to promote the election or defeat of a particular candidate
coalitions, or candidates related to elections constitute interference or candidates to a public office xxx
in national affairs, and when accepted, shall be an additional
ground for the cancellation of their registration with the Section 80, Omnibus Election Code ELECTION CAMPAIGN OR
Commission, in addition to their penalties that may be prescribed PARTISAN POLITICAL ACTIVITY OUTSIDE CAMPAIGN PERIOD It shall
by law. be unlawful for any person, whether or not a voter or candidate, or for any
party, or association of persons, to engage in an election campaign or
This constitute an election offense in accordance to Section 81, partisan political activity except during the campaign period: PROVIDED,
Omnibus election Code Intervention of foreigners- it shall be unlawful for that political parties may hold political conventions or meetings to nominate
any foreigners, whether judicial (juridical) or natural person, to aid any their official candidates within 30 days before the commencement of the
candidate or political party, directly or indirectly, or to take part in or influence campaign period and 45 days for Presidential and Vice-Presidential
in any manner any election, or to contribute or make any expenditure in election.
connection with any election campaign or partisan political activity.
EXCEPTION: Political parties may hold political conventions to nominate The certificate of candidacy must be filed within the period prescribed by
their candidates within 30 days before the commencement of the campaign law.
period within 45 days for President and Vice-President elections. Late filing not allowed
rd
CANDIDATE Sec. 73, 3 sentence, OEC No person shall be eligible for more than one
Sec. 79(a) Omnibus Election Code the term CANDIDATE refers to office to be filled in the same election, and if he files his certificate of
any person aspiring for or seeking an elective public office, who has filed a candidacy for more than one office, he shall not be eligible for any of them
certificate of candidacy by himself of through an accredited political party, xxx
aggroupment, or coalition of parties.
The certificate of candidacy must be filed for only one office in an election
Q: Does Pichays as itanim sa senado even before the elections and If a candidate files his certificate of candidacy for more than one office, he
campaign period violate Sec. 80 of the OEC? shall not be eligible for any of them.
A: No. At that time, Pichay has not yet filed his certificate of WITHDRAWAL
candidacy. He is not yet a candidate within the meaning of the law.
Therefore, it cannot be considered as an election campaign. Q: Can you withdraw the certificate of candidacy?
Section 12. RA 9006 Substitution of Candidates. In case of valid The existence of a certificate of candidacy is a condition sine qua non under
substitutions after the official ballots have been printed, the votes cast for the Section 77.
substituted candidates shall be considered as stray votes but shall not
invalidate the whole ballot. For this purpose, the official ballots shall provide Q: Since there was no valid substitution, should the candidate who
spaces where the voters may write the name of the substitute candidates if obtained the second highest vote be proclaimed?
they are voting for the latter: Provided, however, That if the substitute A: No. Under the doctrine on the rejection of second placer, the
candidate of the same family name, this provision shall not apply. second placer is just like that second placer. He was not the choice of the
electorate. The wreath (crown) of victory cannot be transferred to the
MIRANDA v. ABAYA repudiated loser. (Cayat v. COMELEC citing Butch Aquino v. COMELEC
FACTS: In the 1998 election, mayor Miranda of Isabela, already served 8 and Sunga v. COMELEC)
consecutive terms, yet he still filed a certificate of candidacy. As a result,
Abaya filed a disqualification case. COMELEC then disqualified Miranda Q: Who will now assume the position of mayorship?
and cancelled his certificate of candidacy. The son of Miranda, Joel, upon A: Following the rule on succession, it is the Vice-Mayor.
nomination of their political party, filed a certificate as a substitute. Joel
Miranda won.
LABO DOCTRINE
HELD: There was no valid substitution. COMELEC did not only disqualify The thrust is what to do with the votes cast for a disqualified candidate.
Miranda but also cancelled his certificate of candidacy. Therefore, he Should they be considered as stray votes?
cannot be validly substituted. It is as if he was not a candidate.
Even on the most basic and fundamental principles, it is already SC: No! That would disenfranchise the majority. The votes cast for the
understood that the concept of a substitute presupposes the existence of the disqualified are not stray votes they are valid votes only that the candidate
person to be substituted, for how can a person take the place of somebody was later on found to be disqualified.
who does not exist or who never was. The court has no other choice but to It would have been different if his disqualification was so apparent,
rule that in all instances enumerated in Sec.77 of the OEC, the existence of so notorious, so much so that the people, notwithstanding that they knew
a valid certificate of candidacy seasonably filed is a requisite sine quo non. him to be disqualified, they still voted for him in which case the votes cast for
All told, a disqualified candidate may only be substituted if he had a him shall be considered as protest votes. Protest votes are considered as
valid certificate of candidacy in the first place because if the disqualified stray votes. But not in this case, where the people of Baguio voted for Labo
candidate did not have a valid and seasonably filed COC, he is and was not only to find out that he is disqualified.
a candidate at all. If a person was not a candidate, he cannot be substituted
under Sec. 77 of the OEC. You cannot apply Labo Doctrine in Party-List because of Section 10, RA
7941
The purpose of the law in requiring the filing of the COC and in fixing the
time limit therefore are:
(a) To enable the voters to know at least 60 days before the regular CAYAT v. COMELEC
election, the candidates among whom they are to make the choice FACTS: Rev. Fr. Nardo Cayat ran for Mayor. Palileng, his opponent, found
and out that Cayat, before the elections, was previously convicted of acts of
(b) To avoid confusion and inconvenience in the tabulation of the votes lasciviousness although he was granted probation. His candidacy was then
cast questioned in a disqualification case invoking Section 40 pf the LGC.
(Disqualification The following persons are disqualified from running for
The doctrine of the rejection of second placer is not applicable because of (2) Section 69, OEC Nuisance candidates. - The Commission may
Sec.6 of RA 6646 motu proprio or upon a verified petition of an interested party, refuse to give
Also, under Section 6, RA 6646 (Electoral Reform Law of 1987 Effect of due course to or cancel a certificate of candidacy if the candidate is a
st
disqualification) which contemplates of 2 situations, it is the 1 sentence nuisance candidate.
which applies to Cayat. He was declared by final judgment, to be Q: Who is NUISANCE CANDIDATE?
disqualified because the decision attained finality even 2 weeks before the
election. He shall therefore not be voted for and the votes cast for him shall A: A nuisance candidate is a candidate who has no bona fide intention
not be counted. to run, his purpose is merely to put the election process in mockery or
disrepute or to cause confusion among the voters by the similarity of the
The second sentence contemplates that there was a disqualification case names of the registered candidates or by other circumstances or acts
filed before the COMELEC but for whatever reason, COMELEC was not intended to prevent a faithful determination of the true will of the electorate.
able to render a decision before the election and such candidate won in the (Bautista v. COMELEC)
election, in which case, the court or Commission shall continue with the trial
and hearing of the election, inquiry or protest. Period to file a petition
Within five (5) days from the last day of filing of the certificate of candidacy
DISQUALIFICATIONS/REMEDIES BEFORE ELECTION assuming that COMELEC did not act motu proprio.
Any disqualification filed before the election, whether pursuant to Sections (3) Section 78, OEC Petition to deny due course to or cancel a
68, 69 and 78 of OEC, the jurisdiction is with the COMELEC certificate of candidacy. - A verified petition seeking to deny due course or to
cancel a certificate of candidacy may be filed by the person exclusively on
(1) Section 68, OEC Disqualifications. - Any candidate who, in an the ground that any material representation contained therein as required
action or protest in which he is a party is declared by final decision under Section 74 hereof is false. Xxx
of a competent court guilty of, or found by the Commission of
having: Period to file a petition
(a) given money or other material consideration to influence, induce Within twenty-five (25) days from the time the candidate filed his certificate
or corrupt the voters or public officials performing electoral of candidacy/ from the date the candidate alleged to have made
functions; misrepresentation in the COC filed.
(b) committed acts of terrorism to enhance his candidacy;
(c) spent in his election campaign an amount in excess of that LOONG v. COMELEC
allowed by this Code;
Q: What then is the remedy? The idea is that in case of lost return, they can refer to the other copies.
Number of votes written in words and number
A: There is a GAP in the law, which must be addressed by Congress.
SALCEDO v. COMLELEC
HELD: Material misrepresentation refers to the QUALIFICATIONS of the POST ELECTION
elective official for the elective office and NOT to any innocuous mistake. PRE-PROCLAMATION CASE
There must be a deliberate intent to deceive the people to ones qualification
for public office. Q: After election, but before proclamation, what is the remedy?
A: Pre-proclamation case. But this presupposes that there was
TECSON v. COMELEC election
FACTS: A disqualification case was filed against FPJ in accordance with
Sec. 78 on the ground of material representation as to the citizenship. Q: After proclamation, what is the remedy?
A: (1) Election Protest
HELD: There was no material misrepresentation. The misrepresentation (2) Quo Warranto
must not only be material. There must also be a deliberate intent to mislead
or deceive as to ones qualification to public office. In pre-proclamation cases, the governing provisions are Section 241, 242,
243 OEC.
EFFECT OF DISQUALIFICATION CASES
Section 241, OEC Definition. - A pre-proclamation controversy refers to
Section 6. RA 6646 Effect of Disqualification Case. - Any candidate who any question pertaining to or affecting the proceedings of the board of
has been declared by final judgment to be disqualified shall not be voted for, canvassers which may be raised by any candidate or by any registered
and the votes cast for him shall not be counted. If for any reason a candidate political party or coalition of political parties before the board or directly with
is not declared by final judgment before an election to be disqualified and he the Commission, or any matter raised under Sections 233, 234, 235 and 236
is voted for and receives the winning number of votes in such election, the in relation to the preparation, transmission, receipt, custody and appreciation
Court or Commission shall continue with the trial and hearing of the action, of the election returns.
inquiry, or protest and, upon motion of the complainant or any intervenor,
may during the pendency thereof order the suspension of the proclamation
of such candidate whenever the evidence of his guilt is strong. Section 242, OEC Commission's exclusive jurisdiction of all pre-
proclamation controversies. - The Commission shall have exclusive
ROMUALDEZ-MARCOS v. COMELEC jurisdiction of all pre-proclamation controversies. It may motu proprio or upon
There was yet no proclamation, hence not yet a member of the HOR. written petition, and after due notice and hearing, order the partial or total
COMELEC still has jurisdictom suspension of the proclamation of any candidate-elect or annual partially or
totally any proclamation, if one has been made, as the evidence shall
GUERRERO v. COMELEC warrant in accordance with the succeeding sections.
Section 243, OEC refers to issues that may ne raised in a pre-proclamation Any objection on the election returns before the city or municipal board of
controversy. There are four (4) grounds, which can be summarized into two canvassers, or on the municipal certificates of canvass before the provincial
(2): board of canvassers or district boards of canvassers in Metro Manila Area,
(1) illegality in the composition of proceedings of the BOC (a) shall be specifically noticed in the minutes of their respective proceedings.
(2) illegality in the preparation, transmission, receipt, custody, or
appreciation of election returns (b, c,d) For purposes of election of
(1) President
Eg. Ballot box switching not proper for pre-proclamation case; does not fall (2) Vice-President
under any of the instances under Art. 243 of OEC. (3) Senators
(4) House of Representatives
Once a candidate has been proclaimed, the pending pre-proclamation case There can be no pre-proclamation case on matters relating to
should be dismissed. After all, the issues pending in the pre-proclamation transmission, custody of election returns; the only issue that can be
case will also be raised in the subsequent Election Protest or Quo Warranto raised illegality of the composition or proceeding of the Board of
case filed. Canvassers
FAILURE OF ELECTION
Q: What are the two (2) conditions that must concur before the Q: Who proclaims the winner?
COMELEC can act on a verified petition seeking to declare a failure A: (1) Board of Canvassers
of election? (2) President, Vice-President Elections: Congress acting as Board
A: (1) no voting took place in the precinct of Canvassers
(2) on the date fixed by law or even if there was voting, the election (3) Senators: COMELEC
resulted in a failure to elect. (4) Congressman
(a) Lone Congressional district Provincial BOC
Q: Where to file a petition to declare a failure of election? (b) Several districts District BOC
Two important definitions of Administrative Law GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
- refers to the corporate governmental entity through which
1. Dean Roscoe Pound the functions of the government are exercised throughout
it is that branch of modern law under the executive department of the the Philippines including various arms through which
government, acting in quasi-legislative or quasi-judicial capacity, interferes political authority is made effective in the Philippines,
with the conduct of individual for the purpose of promoting the well being of whether pertaining to the autonomous regions, the
the community. provincial, city, municipal or barangay subdivisions or
other forms of local government.
(a) They are referred to as various arms through which political *LGU's are not under the control power of the President. It falls under the
authority is made effective in the Philippines (ADMINISTRATIVE general supervision of the President.
CODE) DEPARTMENT
ARTICLE VII, Section 17 ARTICLE X, Section 4
(b) They are referred to as territorial Control power of the President - Power of General Supervision -
and political subdivisions of the The President shall have control of all The President of the Philippines shall exercise general
Republic of the Philippines (Article X, executive departments, bureaus and offices. He supervision over local governments xxx
Section 1, 1987 CONSTITUTION). shall ensure that the laws be faithfully
The territorial and political executed.
subdivisions of the Republic of the CONTROL is the power of the superior to direct POWER OF GENEREAL SUPERVISION means to
Philippines are the provinces, cities, the performance of a duty, restrain the generally oversee, see to it that the local governments
municipalities and barangays. There commission of acts, review, revise, modify, and their officials perform their functions in accordance
shall be autonomous regions in reverse or alter the decisions and even to with law (no more than that)
Muslim Mindanao and the substitute the superiors own decision.
Cordilleras. CONTROL is the very heart of the power of the
President. (Joson V. Torres)
*Under the first component, whether
- refers to man executive department created by law. (Section
the agency is an incorporated or unincorporated agency of the
2[7] Introductory Provisions E.O. 292)
government is included in the definitions.
- Ex: DOJ, DENR, DOH
BUREAU
Q. Are government owned or controlled corporations (GOCC's) part of
- any principal subdivision or unit of a department (Section 2 [8]
the definition of the GOVERNMENT OF THE REPUBLIC OF THE
Introductory Provisions E.O. 292)
PHILIPPINES?
- Ex: BIR under DOF, NBI under DOJ
A. It depends -
(1) If the GOCC is performing governmental function, then it is part of
OFFICE
the definition.
- refers to any major functional unit of a department or bureau
(2) If the GOCC is performing proprietary function, then it is not part of
including regional offices.
the definition.
- Ex: Regional Office of the Bureau of Lands.
Q. When is a GOCC deemed to be performing proprietary function?
Governmental function?
3 IMPORTANT ADMINISTRATIVE RELATIONSHIPS
A. If the purpose is to obtain special corporate benefits, or earn
(Section 38, Chapter 7, Book IV)
pecuniary profit intended for private benefit, advantage - the function is
b. Furnish a copy of the administrative regulation to the UP 5. Must have permanence or continuity.
LAW CENTER
- Every agency shall file with the UP Law Center three (3)
certified copies of every rule adopted by it
- there is nothing in the Administrative Code of 1987 which Is salary an element in public office?
implies that the filing of the rules with the UP Law Center is the
No. It is merely an incident of public office.
operative act that gives the rules force and effect.
Congress can pass a law eliminating salaries. As a rule this cannot
be questioned. If Congress can remove the public office itself, then by all
FOURTH REQUISITE: it must be reasonable
means. It may remove its incidence. However, everything must be done on
- it must not be unreasonable, whimsical, oppressive,
good faith.
confiscatory
- must pass the test of reasonableness
- absence of one of these, the administrative regulation ought to
1. Public office is a public trust Ex: A is holding a public office, he was removed. In this case, A may validly
invoke his security of tenure. He can only be removed for a just and valid
It is merely entrusted to the public officer cause and there must be an observance of due process.
2. It is not a heritable possession Any person, who by direct provision of law, popular election of by
appointment of competent authority, shall take part in the performance of
Y? We live in a democratic and republican state. public function on the Government of the Philippines or shall perform in said
Govt or any of its branches public duties as employer, agent, subordinate,
Art. II, Sec. 26 provides: The State shall guarantee equal access to or official of any rank or class, shall be deemed to be a public officer.
opportunities for public service and prohibit political dynasties as may be
defined by law (provision is not self-executing). May a notary public be considered as a public officer?
Yes
Civil Service Law 4. There is no legal fiat that a vacancy must be filled only by promotion, the
appointing authority is given wide discretion to fill a vacancy from among
What is the next in rank rule? several alternatives provided by law.
If there is a vacancy in a government office that ought to be filled up 5. One who is next in rank is entitled to preferential consideration for
by promotion, the person holding the position next thereto shall be promotion to higher vacancy BUT it does not necessarily follow that he and
considered for promotion. no one else can be appointed.
ABILA VS CSC
Q: If the next to the Head Chief Accountant is the Deputy accountant and the When Amado Villafuerte retired from his position as Admin Officer
third is the Administering Officer IV, then the office of Chief Accountant IV in DOH-Qeuzon City, the Officer-in-Charge appointed Alex Abila, who had
became vacant and the then Deputy accountant and Administering Officer IV been the Acting Asst. Civil Security Officer, as his successor. This was
applied, assume that another Chief Accountant applied and was appointed, questioned by Florentina Aleria, the Admin Officer III of DOH.
can the Deputy Accountant claim that there was a violation of the next in
rank rule?
A: No. The next in rank rule applies only in case of promotion. What is SC: A vacant position in the CSC may be filled by promotion, transfer of
involved here is a mere transfer, a lateral movement involving same rank present employees, reinstatement, re-employment or appointment of
and position. outsiders who have the necessary eligibility. The next in rank rule invoked
by the CSC to justify its choice of Eleria over Abila APPLIES ONLY when a
In case of a promotion, vertical movement from lower to a higher position. vacancy is filled by promotion, a process which denotes a scalar ascent of
an officer to another position higher in rank or salary.
Q: What if the one that was appointed was the Administering Officer, can
Deputy Accountant complain? Even of the vacancy here had been filled by promotion rather by a lateral
transfer, the concept of next in rank rule does not import any mandatory or
A: Yes, because it was filled by a promotion. preemptory requirement that the person next in rank must be appointed to
the vacancy. What the Civil Service Law provides is that if the vacancy is
filled up by promotion, the person holding the position next in rank thereto
shall be considered for promotion.
Q: Can the Deputy Officer claim that he should be the one to be appointed?
The one who is next in rank is only entitled to preferential consideration.
A: No, appointment is discretionary.
The next in rank rule is not absolute. Even in promotion, it can be
Rules: disregarded.
A: No. This is because there was no vacancy, hence security of tenure did 2. Art IX-B, Sec. 4 All public officers and employees shall take an oath or
not attach. affirmation to uphold and defend the Constitution.
2 PRINCIPLIES: 3. Art. XV, Sec. 5, par. 1 All members of the armed forces shall take an
oath or affirmation to uphold and defend the Constitution.
1. A person no matter how qualified cannot be appointed to an office which
is not vacant. Q: A public officer was appointed/elected. Then he assumed the office but
failed to take an oath. He nonetheless preformed his duties. Are his acts
2. One who is illegally dismissed from office is, by fiction of law, deemed not valid?
to have vacated his office. His security of tenure did not attach.
A: Yes, insofar only as third persons are concerned and the general public
QUALIFICATION TO PUBLIC OFFICE relied on the said acts. He is a de facto officer.
The power to prescribe qualifications to public office is vested with the DE JURE VS DE FACTO VS USURPER/INTRUDER
LEGISLATURE.
De Jure Officer One who has lawful title
THREE IMPORTANT LIMITATIONS ON THE PART OF THE CONGRESS:
His acts are valid
1. If the qualifications are prescribed by the Constitution itself in an
exclusive manner, then the Congress may not add nor subtract from the His title may not be questioned
enumerated qualifications.
De Facto Officer One who is in actual possession but only has a colorable
2. The qualification prescribed must be germane to the functions to be title. His title is imperfect.
performed.
His acts are valid insofar only as third persons are
3. The qualification must be expressed in general terms only. concerned and the general public relied on the said acts.
TWO SENSES OF QUALIFICATION: His title may only be questioned directly in a quo
warranto proceedings.
1. As an act
2. As an endowment
Intruder/Usurper No Title but in actual possession
QUALIFICATION AS AN ACT
His acts are entirely void
-consists in taking of an oath
Q: Is a De Facto Officer entitled to salary? - only Filipinos may hold public office
A: As a rule, No. This is because he is not allowed to benefit from his acts. b. residence
Otherwise it will encourage people to usurp other office. When he assumes
office knowing that his title is imperfect, he runs the risk of not receiving a - only in elective office as an elective official, he/she must serve in a
salary that attaches to the office. particulare constituent
EXCEPTIONS: In Civil Law, residence and domicile are different. In the said law, a person
may only have several residences but may only have one domicile. In
1. There is no de jure officer claiming for the salary OR Ploitical Law, particularly in election law, residence and domicile are the
same.
2. Assumption was made in good faith.
3 CLASSES OF DOMICILE
FLORES VS DRILON
1. Domicile of Birth
SC: Gordon should not be made to reimburse for such emoluments.
Otherwise the govt will be unjustly enriched by his services. Gordon was a 2. Domicile of Choice
de facto officer.
3. Domicile by Operation of Law
Prescriptive Period to attack a colorable title:
MACALINTAL VS COMELEC
-1 year from the disposition from office. After 1 year, the de facto
officer will ripen into a de jure one. At any given point, a person may only have one domicile
REQUIREMENTS OF A DE FACTO OFFICERSHIP
Domicile of Origin
1. Existence of a de jure office (NO such thing as a de facto office, office is
either valid or void) - this is acquired by any person at birth
- it is the domicile of the childs parents and not necessarily the place
2. Color of title. of birth.
- qualifications are continuing - domicile law attributes to a person; independent to his intention or
residence
a. citizenship
Miguel Merito ran for mayor in Bolinao, Pangasian. A Even if he never really intended to live there permanently, this court
disqualification case was filed against him by Mateo Caasi, a rival candidate will not allow itself to be a party to his duplicity by allowing him to benefit
for the position on account of his being a green cardholder. His defense was from it and giving him the best of both worlds to speak.
that (1) he was voted by the people, hence the defect was cured. Also, he
alleged that (2) he never really intended to live there permanently, for all he
wanted was a green card to enable him to come and go to the U.S. with
ease because he had to undergo a regular check-up. OTHER QUALIFICATIONS AS AN ENDOWMENT
c). age
SC: Argument No.1) he was voted by the people, hence the defect was --must be possessed on the day of the election
cured:
d). education
Merito was disqualified. People of Bolinao cannot amend the
Omnibus Election Code (OEC). His election thereto was null and void. The --a qualification under Civil Service Law
law applicable to him is Sec. 68 of the OEC Any person who is a
permanent resident of or an immigrant to a foreign country shall not be --true only to appointive officials, in case of elective official, minimum
qualified to run for any elective office under this Code, UNLESS such person requirements are that he must be able to read and write
has waived his status as permanent resident or immigrant of a foreign
country in accordance with the residence requirement provided for in the e). civil service eligibility
election laws.
Religious Affiliations
2. Membership in the Commission on Appointments Violation of Anti-Fencing Law constitute an offense involving moral
turpitude.
3. In case of permanent vacancies in the Sanggunian
DISQUALIFICATIONS:
2. Those removed from office as a result of an administrative offense:
Sec. 40, LGC. Disqualifications. The following persons are disqualified
from running for any elective local position:
1. Those sentenced by final judgment for an offense involving moral LINGATING VS COMELEC
turpitude or for an offense punishable by one year or more of imprisonment
within two years after serving the offense; The administrative case must have attained finality for the
disqualification to apply. If still pending appeal or on certiorari,
2. Those removed from office as a result of an administrative offense; disqualification is not applicable.
-partial disqualification 5. Fugitives from justice in criminal or non-political cases here or abroad:
Although there was indeed fraud insurance case before the 2. To enhance the freedom of choice of the people
California court, HE IS NOT A FUGITIVE FROM JUSTICE because the
cases were filed 5 months after he has returned to the Philippines, the
controlling factor was the intent to evade jurisdiction. He could not have the
intent to evade because there is no information yet. TWO CONDITIONS FOR THE LIMITATION TO APPLY (both must concur):
1. The local official must be elected for three consecutive terms for the
same position.
LIMITATION ON THE TERM OF THE ELECTIVE OFFICIALS
2. He has fully served the 3 consecutive terms.
Art. V, Section 8 The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall be three years
and no official shall serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an If resigned: voluntary renunciation, not considered as an interruption from
interruption in the continuity of his service for the full term for which he was office, limitation will apply
elected.
If suspended: interruption from office involuntary renunciation
Q: X was elected Mayor in 1992 election. In 1995 and 1998 elections, he SC: He is qualified. The three term limit is found in Art. X, Sec. 8 and
ran and won again. In December 2000, as a result of an administrative reiterated in Sec. 43, par. B of LGC. WHAT IS PROHIBITED IS
case, he was removed. He did not appeal. The administrative case IMMEDIATE RE-ELECTION to the SAME OFFICE for a FOURTH
becomes final. Is he qualified to run in the 2001 election? CONSECUTIVE TERM. In this case there is an intervening date.
LINGATING VS COMELEC The administrative case must have attained A: SC in the same case said that: The service of a recall term shall
finality before the disqualification to apply. If still pending appeal or constitute one full term. Reason: Elected official in a recall election should
certiorari, disqualification is not applicable. know that the service of recall term shall constitute one full term. (OBITER
DICTUM)
Q: X was elected in 1992. In 1995 and 1998, he ran and won again. In
2000, as a result of an administrative case, he was removed but he has able MENDOZA VS COMELEC
to appeal seasonably. In May 2001, he filed his certificate of candidacy.
The administrative case was not yet decided. Is he qualified? In 1992, Tet Garcia won as governor. In 1993, Recall election was
made, Ting Roman won as governor. In 1995 and 1998 elections, Roman
A: Yes he is qualified to run. won again. In 2001, Roman ran again. Is he qualified to run?
Q: What happens to his pending appeal? SC: He is qualified. Recall term is not a full term. Looking at the
Constitutinal records and the Constitution, it can be seen that they both
A: It becomes moot and academic because of the Doctrine of Condonation. envision continuance and uninterrupted service of term. The service of
The rationale for this is that when the electorate puts him back to the recall term should not be counted in applying the disqualification.
position, it is presumed that they did so with knowledge of his life, character
and past mistakes.
SOCRATES VS COMELEC (Nov. 10, 2002, En Banc) A: No. What has been abandoned in Socrates was a mere Obiter Dictum.
No actual controversy yet.
Hagedorn was elected as Mayor in 1992, 1995 and 1998 elections.
In the next election, he ran as governor. However, he lost. Meanwhile, the
one elected as Mayor of Puerto Princesa was Socrates. Socrates term
CIVIL SERVICE COMMISSION -In case of illegal termination, jurisdiction is with the Labor Arbiter or
NLRC, hence governed by Labor Code.
One of the Constitutional Commissions
COMPOSITION AND QUALIFICATION The BSP is an instrumentality attached to DECS and no less than
the President himself is the Chief Scout. No less than 7 members of the
Art. IX-B, Sec. 1(1) The civil service shall be administered by the Civil Cabinet are members of the BSP. In short, there is so much government
Service Commission composed of a Chairman and 2 Commissioners who exposure. They are governed Civil Service Laws and not the Labor Code.
shall be a natural born citizens of the Philippines, and at the time of their
appointment, at least 35 years of age, with proven capacity for public CAMPOREDONDO VS NLRC
administration, and must not have been a candidates for any elective
position in the elections immediately preceding their appointment. Baltazar Camparedondo was a chapter administrator of PNRC.
During a field audit, he was found short. His request for a re-audit by an
SCOPE independent auditor of his account was denied. Thereafter, he filed with
NLRC a complaint for illegal dismissal. PNRC moved to dismiss the
Art. IX-B, sec. 2(1) The Civil Service embraces all branches, subdivisions, complaint on the ground of lack of jurisdiction over the subject matter,
instrumentalities and agencies of the government, including the GOCC with alleging that it is embraced within the Civil Service rules and regulations,
original charters. being a GOCC with an original charter. Camporedendo questioned this
contending that its charter was already amended corverting it to a public
corporation.
(1) If a GOCC was created by special law, it is with original charter SC: Philippine National Red Cross is a GOCC with an original charter under
R.A> 95, as amended. The test to determine whether a corporation is
- The special law creating it is the charter government owned or controlled or private in nature is simple. Is it created
by its own charter for the exercise of a public function or by incorporation
- It is governed by the Civil Service law under the general incorporation law? Those with special charters are
government corporations subject to its own provisions and its employees are
- In case of illegal termination, it is under the jurisdiction of the under the jurisdiction of CSC and are compulsory members of the GSIS.
regular courts The PNRC was not impliedly converted to a private corporation simply
because its charter was amended.
Ex: DBP, Land Bank, PCSO, PAGCOR, GSIS
KINDS OF APPOINTMENTS
2. Non-Career
Duration of Temporary Appointment a. Entrance is based other than those tests of merit and fitness
utilized for the career service;
- one year
- but it may even be shorter b. Tenure is:
A: NO! There is a need for a new appointment. 3. Limited to the duration of a particular project for which
the purpose for employment was made.
1. Career Service
All elective officials occupy non-career positions since no examination is
2. Non-career Service required to be taken and the tenure is limited to a period specified by law.
A: NO! They may possess technical skills or training but not in the supreme
or superior degree, hence non-career.
CSC VS SALAS
Q: Who has jurisdiction over administrative disciplinary cases? Appeal from the decision of Ombudsman in an administrative case
A: Under the Civil Service Law: Under the Ombudsman Act - Directly to the Supreme Court
(Remember, the Constitution provides that no law shall be passed
ORIGINAL: CSC or head of office, agency or bureau increasing the appellate jurisdiction of the SC without its advice and
concurrence.)
APPEAL: CA under its expanded jurisdiction
FABIAN VS DESIERTO
Secretary/head of bureau-CSC-CA
Direct appeal to the SC has been declared unconstitutional. Its
CSCCA enactment was in violation of Art. VI Sec. 30 of the Constitution which
provides that no law shall be passed increasing the appellate jurisdiction of
the SC without its advice and concurrence. The provision in the
Ombudsman Act has the effect of increasing the appellate jurisdiction of the
Q: Can you bring an administrative case directly with the CSC? SC without its advice and concurrence.
A: Yes. CSC has original and appellate jurisdiction. Under the Civil Service
law, a complaint against a government official or employee may be filed
directly to the CSC (not only to the heads of office). Now, the rule is: OmbudsmanCA
SC: Under the Ombudsman Act, only the following cases are final and b. fine not more than 30 days salary;
executory:
c. censure;
1. Provisional orders of the Ombudsman;
d. reprimand;
2. Decision where the penalty is:
e. admonition
a. suspension for not more than 30 days;
b. fine not more than 30 days salary; Appeal will not lie; the decision is final and executory by express
c. censure; provision of the law.
d. reprimand;
e. admonition Appeal is not a constitutional right but merely a statutory right.
EXCLUSIO UNIUS EST INCLUSIO ALTERIUS The suspension against
Lapid is clearly not among those enumerated as immediately executory. Why? Not part of the Constitution
The clear import of these provisions, taken together, is that all other
decisions of the Office of the Ombudsman which impose penalty outside Q: X was charged administratively, she was later on exonerated. May the
than those which are enumerated are not final and unappealable, hence not complainant appeal?
immediately executory. An appeal timely filed will suspend or stay
immediate execution of the decision. A: No. However, with respect to the meaning of party adversely affected,
the ruling under Paredes has already been abandoned. Hence the answer
now is YES.
Q: Is appeal available in administrative disciplinary cases? Appeal is not a constitutional right but merely a statutory right. A
reading of the Civil Service Law will tend to show that appeal is available
A: Depends on the penalty imposed only to the party adversely affected by the decision. A further reading of the
law, the party adversely affected by the decision is the respondent who was
1. If the penalty is: found guilty. In fact, even if he was found guilty but the penalty was
suspension or fine for not more than 30 days, appeal cannot be made
a. demotion; because the decision in such a case becomes final and executory. With
more reason that if he is exonerated, no more appeal. In an administrative
b. dismissal; case, the real offended party is the government; the complainant is a mere
complaining witness so that he has no personality to pursue the appeal.
c. suspension for more than 30 days or a fine equivalent to Hence, party adversely affected was limited to the defendant.
more than 30 day salary;
Appeal is available.
CSC VS DACOYCOY
LAYNO VS SANDIGANBAYAN
PREVENTIVE SUSPENSION (pending investigation) If the preventive suspension, however, becomes indefinite,
so much that the term of the elective official is about to expire and his
Nature: Not a penalty. It is imposed while the case is being investigated or suspension is not yet lifted, in effect he was being penalized and considering
pending appeal. It should be distinguished from dismissal or suspension that after the investigation is not yet terminated, to that extent, there was a
which may only be imposed upon investigation and subsequent finding of denial of due process, hence must be nullified. Also, the right to due
guilt. process of the people who voted for him is likewise violated.
Period 6 months There are two kinds of preventive suspension of civil service
employees who are charged with offenses punishable by removal or
Case Hagad vs Gonzales suspension:
1. Anti-Graft and Corrupt Practices Act 2. Preventive suspension pending appeal, if the penalty imposed is
suspension or dismissal and after review the respondent is exonerated
Period 90 days applying by analogy on appeal.
PREVENTIVE SUSPENSION IN AN ADMINISTRATIVE CASE Preventive suspension pending investigation is not a penalty. It is a
measure intended to enable the disciplining authority to investigate
I. CIVIL SERVICE LAW charges against the respondent by preventing the latter from
intimidating or in any way influencing witnesses against him. If the
If one is charged administratively, while pending investigation, he investigation is not finished and the decision is not rendered within the
can be preventively suspended for a period of 90 days. period, the suspension will be lifted and the respondent will
automatically be reinstated. If after the investigation, the respondent is
If after the lapse of the 90 day period and the investigation has not found innocent of the charges and is exonerated, he should be
been terminated, there will be an automatic reinstatement. reinstated. However, no compensation was due for the preventive
suspension pending investigation.
However if one contributed to the delay of the proceedings or has
filed a petition for certiorari, the period of the delay or certiorari will not In case of a suspension pending appeal, he is entitled to
be included in the computation of the 90 day period of preventive compensation for the period of their suspension pending appeal if
suspension. eventually he is found innocent. Why? It is actually punitive in
character although it is in effect subsequently considered illegal if
Q: Who shall impose the preventive suspension? respondent is exonerated and the administrative decision finding him
guilty is reversed. Hence, he should be reinstated with full pay for the
A: The CHIEF of the office, agency or bureau shall be the disciplinary period of the suspension.
authority.
SIGNIFICANCE OF THE DIFFERENCE:
GLORIA VS CA
Pending Investigation not entitled. Why? Not a penalty but is entitled t
During the teachers strike, the public school teachers in this case reinstatement.
did not report for work. Accordingly, they were administratively charged
and placed under preventive suspension. The investigation concluded Pending Appeal if on appeal he is exonerated, he is entitled to full
before their 90 day suspension and they were found guilty. On appeal, backwages and reinstatement; it is punitive in character.
Merit Systems and Protection Board, later affirmed by the CSC,
dismissed their claim. Before the CA, they asked that they be paid for II. LOCAL GOVERNMENT CODE
2.) Sec. 63 LGC- Preventive Suspension. 90 days if there are several administrative charges, during a given
a.) Preventive suspension may be imposed: year
(1) By the President, if the respondent is an elective official of a
province, a highly urbanized or an independent component
city; Q: who shall impose?
(2) By the governor, if the respondent is an elective official of a
component city or municipality; or A: if respondent is-
(3) By the mayor, if the respondent is an elective official of he
a.) Barangay official mayor
barangay
Q: Where do you file an administrative complaint against local An administrative case was filed against a Mayor in one of the
appointive officials? towns in Visayas. He was placed under preventive suspension for 6 months.
He argued that being a local elective official his preventive suspension
A: From Local chief executive Civil Service Commission Court cannot exceed 60 days as provided in the LGC and the LGC being later
of Appeals enactment, is deemed to have repealed the Ombudsman Act with respect to
the imposition of the preventive suspension.
SC: There is nothing in the LGC (RA 7160) to indicate that it has
Elective Officials repealed the pertinent provisions of the Ombudsman Act (RA 6770).
Repeals by implication are not favored. Every statute must be so interpreted
Q: where do you file an administrative complaint against local and brought into account with other laws as to form a uniform system of
elective offificals? jurisprudence. Besides, the grounds to impose preventive suspension under
the LGC and the Ombudsman Act are different. The Ombudsman has
A: (1) Barangay official in a concurrent jurisdiction with the officers who have authority to impose
preventive suspension pursuant to Section 63 of LGC.
a. Municipality- sangguniang bayan
b. City sangguniang panglungsod PREVENTIVE SUSPENSION IN CRIMINAL CASE
(2) Official of a municipality sangguniang panlalawigan
Anti-Graft and Corrupt Practices Act (RA 3019)
(3) City official and provincial official Office of the President Section 13 RA 3019 Suspension and Loss of Benefits Any
incumbent public officer against whom any criminal prosecution under a
valid information under this Act or under Title 7, Book II of the RPC or for
any offense involving fraud upon government or public funds or property
*Sec. 63 relate to Sec. 62 (c) LGC xxx no investigation shall be held whether as simple or as complex offenses and in whatever stage of
within ninety (90) days immediately prior to any local election, and no execution and mode of participation, is pending in court shall be suspended
preventive suspension shall be imposed within the said period. If the from office. Should he b e convicted by final judgment, he shall lose all
preventive suspension has been imposed prior to the 90-day period retirement or gratuity benefits under any law, but if he is acquitted, he shall
immediately preceding local election, it shall be deemed automatically lifted be entitled to reinstatement and to the salaries and benefits which he failed
upon the start of aforesaid period. to receive during the suspension, unless in the meantime administrative
proceedings have been filed against him.
Exception: Elective official can hold other positions/ office in an ex-officio CIVIL LIBERTIES UNION vs. EXECUTIVE SECRETARY
capacity. The prohibition extends only to public and not to private positions. President Aquino issued an executive order (EO284) allowing her
(FLORES vs. DRILON) Cabinet members to hold more than 2 offices. The appointments were
challenged by the Civil Liberties Union. Defense of the Solicitor General,
2. Article IX-B, Section 7, par 2 Unless otherwise allowed by law or members of the Cabinet are appointive officials hence Article IX-B sec 7 (2)
by the primary functions of his position, no appointive official shall shall apply and that they fall under the exception.
hold any other office or employment in the Government or any
SC: this cannot be allowed. The work of the cabinet members
subdivision, agency, or instrumentality thereof, including demands full time work. Their position is sui generis. Article VII,
government owned and controlled corporations or their section 13 is a new provision. The reason is to avoid what happened in the
subsidiaries. Marcos era. It is a special provision which applies to Cabinet members.
Article IX-B sec. 7 (2) on the other hand is a general provision. Hence, the
General Rule: Appointive official not allowed from holding other position in EO is unconstitutional.
the government
*see also PUBLIC INTEREST CENTER vs. ELMA June 30, 2006
Exceptions: a. allowed by law
b. allowed by the primary functions of their position 4. Article VI section 13 No Senator or Member of the House of
(CIVIL LIBERTIES UNION vs. EXECUTIVE Representatives may hold any other office or employment in the
SECRETARY) government, or any subdivision, agency or instrumentality thereof,
including government owned or controlled corporations or their
3. Article VII Section 13, par 1 The President, Vice-President, the
subsidiaries during his term without forfeiting his seat. Neither shall
members of the Cabinet, and their deputies or assistants shall not,
he be appointed to any office which may have been created nor the
unless otherwise provided in this Constitution, hold any other office
emoluments thereof increased during the term for which he was
or employment during their tenure. They shall not, during said
elected.
tenure, directly or indirectly, practice any other profession,
Prohibition on incompatible and forbidden office
participate in any business or be financially interested in any
contract with, or in any franchise, or special privilege granted by the
5. Article XVI, Section 5, par 4 No member of the armed forces in
Government or any subdivision, agency or instrumentality thereof.
the active service shall, at any time be appointed or designated in
Including government owned or controlled corporations or their
any capacity to a civilian position in the Government including
6. Law on Nepotism Under Article VII, Section 13 The President may not appoint his spouse
th
or relatives within the 4 civil degree of consanguinity or affinity to
- Violation results to dismissal with forfeiture of benefits
a. Member of Constitutional Commission
- Found in the Civil Service Law
b. Office of the Ombudsman
- Under Section 59, Civil Service Law All appointments in the
c. Secretaries and Undersecretaries
national, provincial, city, and municipal governments or in any
d. Chairman, heads of bureau or offices
branch or instrumentality thereof, including government owned
or controlled corporations, made in favor of a relative of the
Prohibited relationships
appointing or recommending authority, or of the chief of the rd
- Under the Civil Service Law = 3 Civil Degree
bureau or office or of the persons exercising immediate th
- Under the LGC = 4 civil degree SEC. 79. Limitation on
supervision over him, are hereby prohibited.
Appointments. - No person shall be appointed in the career
service of the local government if he is related within the fourth
The word relative and members of the family referred to are
rd civil degree of consanguinity or affinity to the appointing or
those related within third (3 ) degree of either consanguinity of
recommending authority.
affinity.
DEBULGADO vs. CIVIL SERVICE COMMISSION
It was contended that the law on nepotism applies only to original
CSC vs. DACOYCOY April 1999 En Banc
appointments but not to promotional appointments.
Under the law on nepotism, a public official is guilty of nepotism, if an
appointment is issued in favor of a relative within the third civil degree of
SC: The law on nepotism applies to all kinds of appointment because
consanguinity or affinity of any of the following:
the law does not distinguish.
a. Appointing authority
A textual examination of Section 69 at once reveals that the
b. Recommending authority
prohibition was cast in comprehensive and unqualified terms. Firstly, it
c. Chief of bureau or office
explicitly covers all appointments without seeking to make ay distinction
d. One who exercises immediate
between differing kinds or types of appointments. Secondly, Section 59
supervision over the appointee
covers all appointments to the national, provincial, city, and municipal
governments, as well as any branch or instrumentality thereof and all
SC: Clearly, there are four situations covered. In the last two mentioned
government owned or controlled corporations. Thirdly, there is a list of
situations, it is immaterial who the appointing or recommending authority is.
exceptions set out in Section 59 itself, but it is a short list.
To constitute a violation of the law, it suffices that an appointment is
Both an original appointment and a promotion are particular
extended or issued in favor of a relative within the third civil degree of
species of personnel action. The original appointment of a civil service
consanguinity or affinity of the chief of the bureau or office, or the person
employee and all subsequent personnel actions undertaken by or in respect
exercising immediate supervision over the appointee.
of that employee such as promotion, transfer, reinstatement, reemployment,
etc. must comply with the Implementing Rules including of course the
EXCEPTIONS TO THE LAW ON NEPOTISM
prohibition against nepotism in Rule XVIII.
1. Teachers
The conclusion we reach is that Section 59 Book V, EO 292 means
2. Physicians
exactly what it says in plain and ordinary language. It refers to all
3. Persons employed in a confidential capacity
appointments whether original or promotional in nature. The public policy
4. Members of the Armed Forces of the Philippines
embodied in section 59 is clearly fundamental in importance, and the court
5. Member of a family who, after his or her appointment to any
has neither authority nor inclination to dilute that important public policy by
position in an office or bureau, contacts marriage with
introducing a qualification or discretion here.
someone in the same office or bureau, in which event, the
*for purposes of the law on nepotism, appointment and designation are the JAVELLANA vs. DILG
same. Atty. Javellana is a member of the Sanggunian
Panlalawigan. Two of the employees of the Provincial Engineers Office
7. Section 90, LGC Practice of Profession were removed. They asked for his assistance and so Atty. Javellana
(a) All governors, city and municipal mayors are prohibited from appeared in their behalf. He was prohibited from appearing on the
practicing their profession or engaging in any occupation other than the ground that the same is prohibited by the LGC where the adverse party
exercise of their functions as local chief executives. is the government. He went to the Supreme Court and challenged the
(b) Sanggunian members may practice their professions, engage in constitutionality of Section 90, LGC on two grounds: 1) the provision is
any occupation, or teach in schools except during session hours, unconstitutional because it encroached the power of the Supreme Court
Provided, that sanggunian members who are also members of the Bar to regulate the practice of law; and 2) the provision violates the equal
shall not: protection clause because the law profession was singled out.
(1) Appear as counsel before any court in any civil case wherein a
local government unit or any office, agency or instrumentality of the SC: There is no encroachment on the power of the SC to
government is the adverse party; regulate the practice of law. Section 90 LGC is a reasonable regulation
designed to ensure that there shall be no conflict of interest in the
SC: Being the acting governor, he cannot simultaneously exercise the EVARDONE vs. COMELEC
functions of his office. The power of the vice governor to preside over A recall is a political question not subject to judicial review. It is a
sanggunian session is suspended as long as he is the acting governor. political question that has to be decided by the people in their sovereign
The creation of temporary vacancy in the office of the governor capacity.
creates a corresponding vacancy in the office of the vice governor.
2 STAGES
Q: Then who will preside in the meantime? 1. Initiatory
A: Under sec. 49 (b) LGC In the event of the inability of the regular 2. Special Recall Election
presiding officer to preside at a sanggunian session, the members present
and constituting a quorum shall elect from among themselves a temporary *The official sought to be recalled becomes a candidate automatically.
presiding officer. He shall certify within ten (10) days from the passage of Hence, he is prohibited from resigning.
ordinances enacted and resolutions adopted by the sanggunian in the
session over which he temporarily presided. Hence, the members present * There is only one way of initiating a recall through a petition signed by at
and constituting a quorum shall elect from themselves the temporary least:
presiding officer. Do not apply the rule in permanent vacancy. 25% of registered voters below or 20,000 total registered voters
Q: Who appoints the barangay treasurer, secretary and other appointive of LGU concerned
officials of the barangay? 20% of registered voters more than 20,000 but less than 75,000
A: Punong barangay appoints barangay secretary, treasurer, and other total registered voters of LGU
appointive official with the approval of the majority of the members of the concerned
sangguniang barangay. (ALGUIZOLA vs. GALLARDO) 15% of registered voters more than 75,000 but less than 300,000
total registered voters of
The power of appointment is exercised with approval of sanggunian, LGU concerned
therefore in removing or replacing an appointive official, there must also be 10% of registered voters more than 300, 000 total registered
approval of the majority of sanggunian barangay members. voters of LGU concerned
Sec. 388, LGC Persons in authority For purposes of the RPC, *The PREPARATORY RECALL ASSEMBLY (PRA) has been REPEALED.
the punong barangay, sanggunian barangay members and members of the (RA 9244)
lupong tagapamayapa in each barangay shall be deemed as persons in
authority in their jurisdiction, while other barangay officials and members
who may be designated by law or ordinance and charged with the ANGOBUNG vs. COMELEC
maintenance of public order, protection and security of life and property, or A was a mayor, a year after his election was sought to be recalled.
the maintenance of a desirable and balanced environment and any There was a recall process initiated by only one person. The COMELEC
barangay member who comes to the aid of persons in authority shall be approved the petition and assigned a signing day. Angubong went to the SC
deemed agents of persons in authority. alleging grave abuse of discretion.
SC: The petition for recall signed by only one person is a violation of the
RECALL 25% statutory requirement. The law is plain and unequivocal as to what
- Provided in Section 69-75, LGC. This is a mode of removing a constitutes a recall proceeding.
local elective official before the expiration of his term.
Hence, IRAs are regular recurring income. It does not constitute as Ordinance vs. Resolution
a mere transfer. It should be included in the computation. It is an income of Ordinance Resolution
the LGU. -is a law - merely a declaration of sentiment
or opinion of the lawmaking body
MAIN SOURCES OF INCOME OF LGUs - possesses a general; permanent - temporary
character
1. Article X, Section 5 Each local government unit shall have the - a third reading on its enactment is - no reading in its enactment is
power to create its own sources of revenues and to levy taxes, required required unless approved by majority
fees, and charges subject to such guidelines and limitations as the of sanggunian members
Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees and charges shall accrue exclusively to Q: Do LGUs have inherent powers?
the local government. A: None. They are pure creations of the legislative branch.
2. IRA
Article X, Section 6 Local government units shall have a just share, as POWER TO TAX
determined by law, in the national taxes which shall be automatically
released to them.
*Eminent Domain: SEC. 19. Eminent Domain. - A local government * Two views:
unit may, through its chief executive and acting pursuant to an ordinance,
exercise the power of eminent domain for public use, or purpose, or welfare a.) Traditional view only states are subject of international law.
for the benefit of the poor and the landless, upon payment of just
compensation, pursuant to the provisions of the Constitution and pertinent - only states have rights which may be directly enforced or
laws: Provided, however, That the power of eminent domain may not be have obligation for which it may be held directly accountable
exercised unless a valid and definite offer has been previously made to the under international law.
owner, and such offer was not accepted: Provided, further, That the local
government unit may immediately take possession of the property upon the b.) Modern view not only states are proper subjects of
filing of the expropriation proceedings and upon making a deposit with the international law.
proper court of at least fifteen percent (15%) of the fair market value of the
property based on the current tax declaration of the property to be - international organizations (ie. United Nations) are also
expropriated: Provided, finally, That, the amount to be paid for the proper subjects of international law.
expropriated property shall be determined by the proper court, based on the
fair market value at the time of the taking of the property. - to a limited extent, the individual is now considered as
proper subject of international law.
- recently, under the Nurumberg principle, Serbian leaders have * Jurisdiction of the International Criminal Court over the
been prosecuted for war crimes and crimes against humanity committed in following offenses:
the former Yugoslavia.
a.) genocide
- these significant events show that the individual person is now a b.) crimes against humanity
valid subject of international law. c.) war crimes
d.) crimes of aggression
when the individuals were held directly accountable for their common characteristics of the four they are the most serious crimes
crimes, he is no longer regarded as a mere object of international law, he of international concern.
has become a subject of international law.
terrorism is not included.
the justification for assumption of jurisdiction over the individual
is that crimes against international law are committed by men and not by Genocide the deliberate destruction or annihilation of a racial,
abstract entities. It is only by punishing individuals who commit such crimes ethnic or religious group.
can the provisions of international law be enforced.
Ex. Holocaust during the WWII deliberate policy of Hitler
another instance when an individual is regarded as subjects of to eliminate all the jews in the world.
international law is in case of human rights violations.
- was created pursuant to the - was created by a separate treaty c) pre-trial division three judges
- other organs of the court: a) presidency - the law which deals with the protection of individuals and
groups against violations by government of their internationally
b) office of the prosecutor guaranteed rights, and with the promotion of these
rights.
c) registry (office of clerk
of court) * Classification of Human Rights/ Three Generation of Human
Rights:
Principle of Complementarity
st
a.) 1 generation of human rights consisting of civil and political rights
- the international criminal court shall be complementary to
nd
national criminal jurisdiction. b.) 2 generation of human rights consisting of economic, social and
cultural rights.
- this gives primacy to national jurisdiction. If the national
rd
court has already assumed jurisdiction, icc can no longer assume c.) 3 generation of human rights consisting of right to development,
jurisdiction. right to peace and right to environment.
- unless, the proceeding in the national court is: * Human rights are either:
a) for the purpose of shielding the person concerned from liability; or a) individual
b) not conducted independently or impartially. b) collective right to self determination of people; the
permanent sovereignty over natural
resources.
Human Rights - the term used to designate the three main instrument of
human rights in the international plane, which are:
- those liberties, immunities, and benefits which all human
beings should be able to claim as of right of the a) the universal declaration of human rights
society in which they live by accepted
contemporary values. b) the international covenant on economic, social
& cultural rights
- those fundamental and inalienable rights which are
essential for life as a human being. c) the international covenant on civil & political
rights
a) treaties or international conventions - while this court in the Purganan case, limited the exercise of the
right to bail to criminal proceedings, however, in the light of various
b) international custom international treaties giving recognition and protection to human rights,
particularly the right to life and liberty, a re-examination of this Courts ruling
c) general principles of law recognized by in the Purganan case is in order.
civilized nations
(4) International Humanitarian Law (IHL)
2) Secondary
- used to be called laws of war/ laws of armed conflict (which may
d) judicial decisions refer to both international armed conflict and internal armed conflict)
e) teachings of authoritative publicists of various - that branch of public international law which governs armed
nations. conflict to the end that the use of violence is limited and that human suffering
is mitigated or reduced by regulating or limiting the means of military
operations and by protecting persons who do not or no longer participate in
hostilities.
Universal Declaration of Human Rights, while not a treaty, has
evolved as an international custom, a primary source of international law.
* Three Grand Divisions of International Law:
The Philippines commitment to uphold the fundamental human
rights as well as the worth and dignity of every person a) Laws of Peace govern relations between and among nations under
normal circumstances.
- commitment is enshrined in Section 2, Article II of our
Constitution. b) Laws of War govern relations between and among belligerent states
(states at war) during wartime.
- it provides: The state values the dignity of every human
person and guarantees full respect for human
rights.
1.) Geneva Convention of 1949 define fundamental rights for - Protocol II of June 8, 1977
combatants removed from the fighting due to injury, illness or
capture and for civilians. IHL encompasses both humanitarian principles and international
treaties that seek to save lives and alleviate suffering of combatants
a) Geneva Convention for the Amelioration of the and non-combatants during armed conflict. It is not concerned with the
Condition of the Wounded and Sick in Armed Forces in lawfulness or unlawfulness of armed conflicts.
the field of August 12, 1949
* International Humanitarian Law vs. Human Rights Law
- first Geneva convention
IHL HRL
- applies to armed forces in the field (land)
- applies in situations of armed - protects individuals at all times (in
b) Geneva Convention for the Amelioration of the conflict war and peace alike)
Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea of Aug 12, 1949 - no derogation from certain rights - may permit of some derogation
are permitted because it was from certain rights in situations of
- second Geneva convention conceived for emergency situations public emergency
namely armed conflict
- applies to armed forces ate sea (navy)
- aims to protect people who do not - tailored primarily for peace time;
c) Geneva Convention Relative to the Treatment of or are no longer taking part in apply to everyone
Prisoners of War of August 12, 1949 hostilities
- third Geneva convention
In case of doubt, a person shall be considered a civilian. b) mercenaries soldiers for a fee/ soldiers of fortune
* Four Categories of Combatants: A soldier, not wearing uniform during hostilities, runs
the risk of being treated as a spy; thus, not to be treated
a) Regular Forces members of the armed forces except medical as a prisoner of war.
personnel and chaplain.
BAR 1993: Reden, Jolan and Andy, Filipino tourists, were in
b) Irregular Forces consists of the guerilla and the militia Bosnia-Herzegovina when hostilities erupted between the Serbs and the
Moslems. Penniless and caught in the crossfire, Reden, Jolan and
- they are treated as lawful combatants, provided: Andy, being retired generals, offered their services to the Moslems
for a handsome salary, which offer was accepted. When the Serbian
i) they must be under the command of an officer responsible for the National Guard approached Sarajero, the Moslem civilian population
conduct of his men. spontaneously took up arms to resist the invading troops. Not finding
time to organize, the Moslems wore armbands to identify themselves,
ii) they wear uniforms or insignia recognizable from a distance. vowing to observe the laws and customs of war. The three Filipinos
fought side by side with the Moslems. The Serbs prevailed resulting
iii) they carry arms openly. in the capture of Reden, Jolan and Andy, and part of the civilian fighting
force.
iv) they observe the laws and customs of war in the conduct of
their hostilities. 1) Are Reden, Jolan and Andy considered combatants thus
entitled to treatment as prisoners of war?
c) Levee En Masse civilians of an unoccupied territories who
upon approach of the enemy forces and NO. Reden, Jolan and Andy are not combatants because
without having time to organize, they are mercenaries. They offered their services to the Moslems for a
spontaneously take up arms to resist the handsome salary. They are soldiers of fortune. They are not
invading forces. members of the armed forces but took part in the hostilities. They are non-
privileged combatants and are not entitled to treatment as prisoners of war.
- once captured, they are considered as combatants (not
civilians) and will be treated as a prisoner of war. 2) Are the captured civilians likewise prisoners of war?
d) Officers and Crew of Merchant marine YES. The captured civilians are prisoners of war. They fall
vessels who forcibly resist attack once under the category of levee en masse. When the Serbian National
captured, they are considered as combatants Guard approached Sarjero, the Moslem civilian population spontaneously
and will be treated as prisoners of war. took up arms and resist the invading troops without having time to
-using civilians to shield military targets is prohibited - refers to international armed conflict (in this sense)
- it is prohibited for combatants to pose as civilians b) actual hostilities amounting to a civil war within a state
- starvation of civilians as a method of combat is prohibited - there is just one single state here
- it is prohibited to attack objects that are indispensable to - refers to non-international armed conflict or simply
the survival of civilian population internal armed conflict
- it is prohibited to attack dams, dykes, nuclear power In both instances, IHL applies.
plants, if such attack may cause severe losses among the civilian
population.
Specific weapons are prohibited. * Stages of Development of a Rebel Movement within a State
- it is prohibited to order or threaten that there 1) Stage of Insurgency - earlier stage/ less developed stage
shall be no survivors. (No
Quarters Order take no prisoners, kill all) - there is not much international complication as it is purely a matter of
municipal law.
(3) Civilians, wounded combatants and prisoners should be spared
, protected and treated humanely. 2) Stage of Belligerancy - higher stage of rebellion, when rebellion
develops and becomes widespread
Hors De Combat literally means out of combat
- already a matter of international law as there are now international
- disabled soldiers implications.
(4) Military and civilian medical personnel and facilities (hospitals, - when the rebels attain the higher stage, in effect, you are admitting that
clinics, ambulances, etc.) must be respected and protected and must be within a single state, there are now two
granted all available help for the performances of their duties. competing governments legitimate government and rebel government.
* Concept of Belligerency - conduct of hostilities should now be governed by the laws and customs of
war
- may be understood in two senses:
- IHL will come into play
Non-observance of IHL could lead to sanctions. - a norm accepted and recognized by the international community
of states as a whole as a norm from which no derogation is permitted and
* Minimum Conditions Before Rebels may Attain the Status of which can be modified only by a subsequent norm of general international
Belligerency law having the same character.
1) if the rebels were able to organize a civil government that shall - recognized in the Vienna Convention on the law of
have control and direction over the armed struggle they are wagering treaties as a ground for invalidity and termination of treaties when they are in
against the legitimate government. conflict with such norms.
2) if the rebels were able to occupy a substantial portion of the peremptory means mandatory.
national territory.
* Examples of norms considered as jus cogens in character
- occupation must be more or less permanent, such that to be able
to dislodge the rebels, the legitimate the government must use superior force a) the prohibition against the use of force under the UN charter
b) the law on genocide
3) seriousness of the struggle, such that it must be so widespread c) the principle of self determination
thereby leaving no doubt as to its possible outcome d) crimes against humanity
e) prohibition against slavery and slave trade
4) if the rebels were able to observe the laws and customs of war f) piracy
Fixing the relations between husband and wife\ All states have a legal interest for its compliance, and thus all states are
entitled to invoke responsibility for breach of such an obligation.
2) Ministrant
* Examples of obligations erga omnes
IHL will not apply to international conflict but also to non-international
conflict. - outlawing acts of aggression
* Treaty Making Process a) requesting state the state where the offenses was alleged to have
been committed
1) Negotiation- undertaken directly by the heads of states but he now
usually assigns this task to his authorized representatives. b) surrendering state the state where the fugitive sought refuge
2) Signature - when the negotiations finally decide on the terms of the One of the characteristics or our criminal law is territoriality
treaty, the same opened for signature
- we can only enforce our criminal laws within our jurisdiction.
- this step is primarily intended as a means of authenticating the instrument
and for the purpose of symbolizing the good faith of the parties but it does * Fundamental Principles Governing Extradition
not indicate the final consent of the state in cases where ratification of
the treaty is required. 1) a state is under no legal obligation under international law to surrender a
fugitive from justice absent an extradition treaty.
3) Ratification - power to ratify is vested in the President, subject to the
concurrence of the state 2) religious and political offenses are generally not extraditable.
- the role of the senate, however, is only limited to giving or withholding its Attentat Clause a provision in an extradition treaty which states
consent, or concurrence to the ratification. that the murder or assassination of the head of a state or any
member of his family will not be considered a political offense and
- this is the formal act by which a state confirms and accepts the therefore extraditable.
provisions of a treaty concluded by its representatives.
3) a person extradited may only be charged and prosecuted in the
4) Exchange of the Instrument- signifies the effectivity of the treaty unless requesting state for an offense which was the basis of the request for his
a different date has been agreed upon by the parties extradition (Principle of Specialty)
Where ratification is dispensed with, and no effectivity clause is embodied 4) unless otherwise stipulated in the treaty, the offense must have been
in a treaty, the instrument is deemed effective upon its signature. committed in the territory of the requesting state.
Executive Agreements are equally binding obligations upon nations * Two Types of Extradition Treaty
- in international law, there is no difference between treaties and executive 1) Old type contains a list of extraditable offenses
agreements in their binding effect upon states concerned, as long as the
functionaries have remained within their powers. 2) Modern type does not contain a list of extraditable offenses
(6.) Extradition- regarded as a form of jurisdictional assistance in - also called a no-list treaty
international law
- it merely provides that the offense must be punishable in both states
- it is not even required that the designation of the offense be the same in
- resorted to by states nowadays to combat transnational crimes both jurisdictions.
(crimes which defy national borders drug cases, plunder, etc)
- follows the principle of double criminality
Extradition may not be effected unilaterally.
- it was only much later when the two states entered into an - what happens now to our obligations under the US-RP Extradition
extradition treaty Treaty.
- when Australian government learned that Mr. Wright was in the SC: (decided October 17, 2000 by a 9-6 vote) reconsidered;
Philippines, it requested that Mr. Wright be extradited to Australia to face trial controlling doctrine!!!
for his alleged criminal offense therein.
- an extradition proceeding is sui generis
* under PD 1069 (Extradition Law), jurisdiction over
extradition cases is with the RTC. - it is not a criminal proceeding which will call into operation all the
rights of an accused as guaranteed by the Bill of Rights.
- during the extradition proceeding in the Makati RTC, Mr. Wright
questioned the entire proceedings on the ground that it violates his right - presumption of innocence does not apply
against ex post facto laws.
- as an extradition proceeding is not criminal in character and the
SC: The prohibition against ex post facto laws under Section evaluation stage in an extradition proceeding is not akin to a preliminary
22, Article III (Bill of Rights) applies only to criminal or penal laws. An investigation, the due process safeguards in the latter may not necessarily
extradition treaty is neither a criminal nor a penal law. It is a treaty. It apply during the initial evaluation stage in an extradition proceeding.
may be given retroactive effect.
- this we hold for the procedural due process required by a given
Secretary of Justice vs. Hon. Ralph Lantion set of circumstances must begin with a determination of the precise nature
of the government function involved as well as the private interest that has
- Govt. of US requested the extradition of Mark Jimenez coursed been affected by governmental action.
through the Department of Foreign Affairs.
- the concept of due process is flexible for not all situations calling
- pursuant to PD 1069, the DFA transmitted the request to the DOJ for procedural safeguards call for the same kind of procedure.
for initial evaluation
* Mark Jimenez is not entitled to the documents he was requesting
- when Mark Jimenez learned of the request made by the US govt only at the early stage of the proceeding.
for his extradition, he now requested the DOJ to furnish him copies of the
basic request for his extradition and the supporting documents and - eventually he will be furnished those documents at the time
evidence so that allegedly he can prepare for his defense. of filing of the case before the court
-the DOJ refused - the court must consider the more compelling state interest
SC: (decided January 18, 2000 by a 9-6 vote) Indeed there - the court applied the balancing of interest test in resolving the
was denial of due process. How can you expect him to prepare for his issue
defense if he will not be furnished copies of the documents he was
3) with respect to application of rules of evidence, criminal 2) Clear and Present Danger Rule
proceedings requires strict adherence to the rules of evidence while
extradition proceedings follow the liberal interpretation rule. - formulated by Justice Holmes (backed up by Justice Brandeis)
4) in terms of quantum of evidence to be satisfied, criminal - this is the more libertarian rule
proceedings requires proof beyond reasonable doubt for conviction while a
fugitive may be ordered extradited upon showing of the existence of a prima
facie case (which is even lower than substantial evidence)
- for the state to be justified in the curtailment or
5) in a criminal proceeding, judgment becomes executory after suppression of fundamental freedoms, it is not
having attained finality while in an extrajudicial proceeding, our courts may enough that the state is able to point out the
adjudge an individual to be extraditable but the President has the final substantive evil which the state is duty bound to prevent or suppress,
discretion to extradite him. but the substantive evil must be of a clear and present
danger type.
* Judicial Approaches to Resolve Questions in Constitutional
Law
1) Dangerous Tendency Rule - this rule leans heavily in favor of the fundamental
freedoms as against state power.
- for the state to justify the impairment or suppression of individual
freedoms, it is enough that the state is able to point out a substantive evil
which the state is duty bound to prevent or suppress.
Ex. A group of demonstrators, unarmed,
- for as long as the speech or the expression has that dangerous numbering 10,000 participated
tendency of producing the substantive evil which the state is duty bound to in by students, urban poor dwellers and religious
prevent or suppress, impairment of fundamental freedoms will be justified. members shouting ibagsak ang gobyerno!
- hence, bail is only available to one who is arrested and detained a) that once granted bail, he will not be a flight risk or a
for violation of Philippine criminal laws. danger to the community; and
- the burden of proving these two requirements lies on the part of Relations between International Law and Municipal Law from the view
the applicant by clear and convincing evidence. of practice
2) Doctrine of Transformation
- under the pacta sunt servanda rule, a state may not advance the
provisions of its own Constitution, as well as that of its laws in order not to
comply with its obligations under a treaty.