Political Law Part 1 Albano

POLITICAL LAW APRIL 8, 2018
Constitution is supreme law of land why? Because all laws must conform to the
constitution.
• Otherwise will violate the equal protection of the clause
▪ Example: First law of PNoy in order to investigate the illegal and
corrupt practices of GMA.
- It was contended that it Is unconstitutional because it violates the
equal protection clause. Why do you have to single out the
administration of GMA? Wala ba illegal activities sa previous
administration like Ramos, ERAP, etc. OSG: because the magnitude
of corruption during GMA is greater than any administration. SC: No
you cannot single this out. It violated the equal protection laws. SO
every law, ordinance,resolution must have to be in accordance with
the Constitution because the Constitution is the SUpreme law
• Why Is Constitution a social contracT?
- If you run for public office then you have a contract with the people. THe
basis of contract is the constitution because the repository of all powers of
government is the people. Sovereignty resides in the people and all
government authority emanates from them.
▪ Marcos case
Marcos wanted to come back to the Ph. Ph does not want him to come
back because there will be trouble in the Philippines. Marami pa
kasing Marcos Loyalists. SC: In the mean time you cannot go back
because otherwise you will be creating trouble and we will be losing
the gains of 1986 revolution. The President has the power and the
duty to protect the citizens. It Is the duty of the State to protect the
citizens. Peace must be maintained not only during war but also
during times of Peace .
AMENDMENTS TO THE CONSTITUTION

• Constitutional convention, Congress acting as constituent assembly
• Tolentino vs. COMELEC
- sinubmit yung first proposal for ratification lowering the voting age from
21 to 20. SC: you must submit the proposal as a whole.
• We can only propose amendments in People's initiative. All proposals must
be submitted to the people
▪ Constitutional Convention (may be very expensive)
IMMUNITY FROM SUIT
• Cannot be sued without its consent
• Consent may be done via special or general law
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• Ethical basis of immunity: There can be no authority above the State. There
can be no authority against that authority which makes the law.
• General Law: Sum of money with the government becausee you are a
contractor. The government does not pay you. You built bridges etc. Can you
go to court suing the Republic of the PHilippines? No, you cannot just go to
court You file your claim with the COA. If the COA rejects it, you go to
court. Kaya may administrative case muna. This is general law
• Special law: Accident case Marvic case? There was previous consent. Ang
problema dito when they sued the Republic of the Philippines e lumaban.
SUability is different from Liability. You can sue, you can prove your cause
of action that is the meaning of suability. If you prove, the judgment is final
and executory, can you go to the National Treasury and show the judgment
through writ of execution? No. Because the State is immune from execution.
No public funds can be expended without law authorizing the expenditure of
public funds.
• Consent may be given expressly or impliedly.
• Implied Consent: if the government enters into a contract with private
individual. It goes to the level of private individual. But you have to classify
if the State enters into contract in the exercise of proprietary capacity, okay
lang. If in governmental capacity, magkaiba yun. Example: GOCC -
LandBank, DBP, Central Bank, and other GOCCs like PNR. It is in the
charter where the State has given consent for suit. Kunwari yung contract for
building DOTC In Pampanga kasi masikip na sa may QC. Governmental
capacity to. If in proprietary function through the GOCC, you can sue. There
can be no right as against the authority that makes law upon which that right
depends unless it gives its consent. It applies to foreign states because of
Principle of equality of States. US vs. Ruiz: you were contracted to construct
an extension of US naval base intended for defense. Can you sue the US?
Immunity is applicable because of Equality of States. If UNESCO, ILO,
IRRI - they must be certified by the government that they are exempted from
suit. The certification is issued by or given by the executive department not
necessarily the President normally, the DFA. The purpose of immunity is to
prevent the host state from Interfering in the performance or attainment of
the objective of different international organizations but if they are sued, the
process of invoking the immunity is: Suppose UNESCO was sued, as a
counsel, the process is called the PROCESS OF SUGGESTION which may
be found in a MD attaching thereto certification or letter from DFA. This
immunity is also applicable to government for as long as they are
performing their functions as special agents. Example: Palafox vs. Ilocos
Norte SC: if the person is performing his duties as special agent then that
person can also be exempted rom suit. Republic vs. Judge Sandoval: Police
dispersed in Rally in order to maintain peace and order. Governmental
function. Ang problema nagkaroon ng barilan at nagkaroon ng suit against
the Republic beccause officers of the PNP were involved. THe defense was
that they were performing governmental f unciton. SC: when they
surrounded the area, that was governmental funciton. If something happens
during such, they principle of immunity from suit is applicable. The
determining factor or test in order for the State to be liable, "WIll the state
perform or act in appropriating funds to answer for the judgment liability" If

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yes, the State is liable. The PNP, when they shot, were doing it in their
personal capacity. STate is not liable. Can you sue LGU? Yes, look into the
charter. But distinguish if it is performing governmental function.
Municipality of Makati vs. CA: There was a property that was taken by the
Makati for public use but when the property was taken,t here was no
appropriation of funds yet. Inexpropriate, there was compromise. THere was
judgment on compromise that the Makati will pay. Ang problema wala pang
pambayad. Can you go to depositary bank to garnish? Makati exercising
governmental funciton kasi or the purpose of putting up school. You can sue
but walang garnishment. Pag ayaw magbayad, the remedy is. Remember
they took it for public purpose. Go to court and file a petition for mandamus
to compel the Makati to appropriate funds for that purpose. Kasi kapag punta
ka kasi agad sa depositary ang defense niya kailangan ng law appropriating
funds. City of Caloocan vs. Judge Alyabre: Caloocan offered an early
retirement to employees of the LGU. You availed of this early retirement.
May appropriation na ng public funds. May Isang di nabayaran.You can now
execute this. this is now part of the private funds because It was already
segregated from the mass of public funds.
SEPARATION AND DELEGATION OF POWERS
• People vested certain powers and functions to the 3 departments. The
departments should act independently of each other. There must be no
encroachment. Otherwise, that would violate the separation of poewrs. This
is not absolute rule because of the principles of blending of powers and
checks and balances. SO may symbiotic relationship lang between the
departments.
• Blending of powers: Who prepares the budget? Executive department
through the President. It goes to the House of Representatives because it is
one of the bills that must originate sa HR. Sa HR kasi may constituency sya
unlike the Senate where the constituency is the whole country. From the HR,
it goes to the Senate. the Senate cannot increase but it can decrease. If it was
approved, it is checks and balance on the part of the Congress. Then it goes
back to the President the President will sign It into law or veto particular
items in the budget. Congress can override the veto. If it is vetoed and
overriden by congress than it becomes a law. Can you compel the president
to release that amount of money? No. Discretion pa rin ng President.
• Bengson vs. Drilon
- There was a law that provided that if there Is or will be increase in the
salary of incumbent members of the SC then the retired justices of SC will
also receive the same amount. SC: it is not for the congress to override the
veto but if you are concerned. There Is ultra vires veto. If it is ultra vires, it
is not right for the congress to override but to question it before the SC. You
cannot veto a law that has alwayss been existing. VETO BASED ON
POLICY POLITICAL CONSIDERATION.
• Baguilat vs. Alvarez same with Defensor santiago vs Guingona
- Election of the Speaker of the HR. Kasi ang rule kung sino yung loser na
second place dapat maging majority floor leader. Pero kasi dito si Baguilat
hidni sya naging majority floor leader. SC: it is not alwayss necessary that
the second placer be the majority floor leader kasi internal rules. Political
question to. They can provide for their own rules as to who will be other
officers.

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• Arroyo vs. De Venecia
Syntax bill. May version sa both houses. So they have to form a conference
committee to adjust the differences between the two versions. Ineschedule
for adoption. Move for adoption. Is there any objection? SC: it is for the
members of congress to settle among themselves. That is a political
question.
• Pardon
- Discretionary sa President but the court may interfere because it must
comply with the requisites. Example: Pardon sa conviction ng administrative
case SC: Kailangan final and executory judgment kahit na criminal or
administrative. So the Pardon was In accordance with the provisions of the
Constitution
• As a rule there can be no delegation of powers. You cannot delegate the
power that has been delegated to you. Potestas delegari non potest (ewan)
because the power is not only a right but also duty on your part to perform
the powers in accordance to your discretion.
• Grande vs Antonio - illegitimate child recognized by the father that IC may
use the surname of the father. The law uses the word "may". Ang ginawa ng
IRR if the child is IC and recognized by the putative father the child "shall"
use the surname of the grandfather. SC: Mali yung shall becausee the law
uses the word "may" It must not be contrary to the intention of the Congress.
• Repository power of emergency power Is the Congress. In order to solve the
traffic problem.
• Cruz vs. Yanger
- Who determines that we are going to import Cattle? The policy is on the
Congress. Pag yung implementation, executive.
• Test of validity - Completeness test. It must be complete when It leaves the
legislative department because it Is the department which must determine
what the law is.
• Ynot vs. IAC
- Carabao Carabeef transfer of carabao from one place to another. If ever
there is a transfer and it Is apprehended.w ho will determine the recipient of
the carabao? Under that decree of Marcos, the decree did not provide who
shall be recipient in case of apprehension. SC: delegation of power the law
was not complete In the legislative department.
• Sufficient standard test
- the test need not be written in the law itself because it may be written in another
law that Is in pari material with the law. Example: Chong Gen vs. Orbos : Law
creating ARMM. The ARMM Law is composed of provinces and cities. It is
intended to speed up in delivering the basic services. Kasi yung head ng office nasa
Cotabato e hindi sya part ng ARMM.
• Ethical basis for non delegation of power- it is not only a right but a duty to
perform through the instrumentality of his sole judgment and not through the
intervening mind of another.
LEGISLATIVE DEPARTMENT

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• Senate - 24 members
- Mariano vs. COMELEC and Aquino vs. COMELEC - 250k population
applies only sa HUC.
• Qualifications of embers of senate: Natural born, registered voter, qualified
voter, 1 year residency, read and write.
• Aquino vs. COMELEC
- Lease a condominium. Petition for disqualification becausee Aquino has
not complied with the 1 year residency. DOes the fact that you were elected
and already member of the congress, the comelec has no more power to
decide your qualification? It is not enough that you are elected or proclaim,
you mus have to take your oath and assume the office for you to become
member of COngress. In this case, elected and proclaimed lang. Therefore
the power to determine your qualification is still retained by the COMELEC.
• Pag di ka natural born citizen hanggang governor ka lang, pag sa courts,
hanggang RTC ka lang. Higher than that, dapat natural born citizens.
• Eaning of the word "from" from birth (natural born) David case and Poe case
SC: the meaning of the word from Is at the time of birht. So as early as in the
case of Bengson vs. HRET they already interpreted the concept of natural
born citizen is a citizen from birth without having to perform an act to
acquire or perfect citizen. Pag may repatriation, you lose your filipino
citizenship. Pag bumalik ka na rito, maaacquire mo na ulit yung natural born
citizenship. Natural born citizen ka pa rin kasi the word from is from the
time of birth that even if there was interruption in the process such as when
he lost his filipino citizenship. So pag may repatriation you are reverted to
your previous status. Bengzon: If you are a natural born and you became an
american citizen, you are repatriated and you are reverted to your former
status as if there was no lost of citizenship. In Poe case, You are presumed a
natural born even if you are a foundling. The burden is on the part of the
Petitioner to prove that Poe is not a Natural born citizen. May presumption.
Circumstantial evidence may even be presented in the court to prove her
citizenship so yung ilong, tapos kulay taken Into consideration. In david
case, there is no law prohibiting you from presenting circumstantial evidence
in criminal, civil, and administrative case.
• Inhibitions: Can you hold any other positions?
➢ Incompatible office: Presidential spokesman harry roque and cayetano
➢ Ang prohibition appointment sa office in order to prevent trafficking of
office
➢ Law profession - hindi pwede magpractice. You cannot appear before
the SC or a particular client but you can represent yourself.
• Osmena vs. pendatun
- suspended indefinitely because of disorderly behavior.
- in 1987, there is now a period it shall not exceed 60 days.
• Jalosjos case
• De guzman case- disorderly behavior need not be in line with your duties and
functions. In this case, De guzman imported armaments in the Philippines

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• IMMUNITY FROM ARREST:
Below 6 years and the Congress Is in session. Example. You are a
congressman representing the lone district of Tawi-tawi. Congressman has
a warrant of arrest and the penalty does not exceed 6 years. Saturday
morning he boards a vessel in time for session at 4 pm on Monday. Can that
person invoke immunity from arrest from that time? So pwede na ba
iinvoke ni Congressman yung immunity niya saturday pa lang papunta sa
Congress? Consider the reasonable time for his travel. So pwede na niya
Iinvoke
• Reason for immunity of arrest in Congress: In order to prevent the possibility
of that constituency from being not represented because there will be failure
of non-representation.
• ADJUNCTS OF CONGRESS
- 3:3:3
- it is the sole judge of election contest.
- As a general rule, the decision of the congress in election contest cannot
be the subject of judicial review except when there is GADALEJ under
Rule 65.
- Qou warranto proceeding against Poe. Disqualification case by reason of
nationality. Nareview ng SC by way of Rule 65.
- political membership is based on proportional representation.
• May a member of the Congress HRET be removed on the ground that he is
disloyal to his political party?
▪ Montoc case
You cannot remove because they have security of tenure they can only
be removed if they resign from the political party. You cannot rmeove
them because of disloyalty.
• Commission on Appointments - another adjunct of the Congress
▪ Composition - 12:12:1 based on proportional representation
▪ Example: Gonzalez vs. Guingona Osmena
LDP was able to get the most number of senators elected. 1 senator
was elected from the Liberal party. LDP was entitled to 7.5
representation. On the other hand, LP is entitled to 0.5 representation.
Rainbow Collation. Tanada member ng liberal party. Qinuestion yung
appointment niya kasi 0.5 lang dapat yugn representation niya. SC: In
a multiple party system there must be at least 2 representation for each
party. Since there Is 0.5 lang, It will reduce your representation and
Increase the other.
POWERS OF CONGRESS
1. National Canvassing Board
▪ Result of the P and VP and proclaim them
2. Power of Legislation
▪ Basic power of Congress
▪ How may a bill become a law? Explain.

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If you are a member of congress, file a bill. It will be scheduled for 1st
reading. Read the Title. Assigned to committee for purposes of
investigation in aid of legislation. Redraft (1k, 700, and 600) yung bill
then scheduled for second reading. If you are the sponsor you justify
the bill it Is where the amendments will take place. Reading of the
title of the bill. It will be recorded in the journal it goes to the same
process in the Senate and vice-versa. Forwarded to the President for
the latter to sign it. Conference committee report.
3. Emergency powers statute
▪ Energy crisis
▪ President Quirino - they sent it to President quirino tapos vineto
ni President. Even If it was vetoed by the President it can be
treated das a resolution withdrawing the emergency powers of
the President.
Example of private bill - granting Filipino citizenship
Bills of local application
• Alvarez vs. Guingona
This is a situation where municipality of Santiago Isabela was converted
into a city. Ifinile ni Alvarez sa lower house. May counterpart bill din sa
Senate converting Santiago Isabela to a city. After the passage of bill by the
lower house mafoforward sa Senate. The senate deliberated not the one in
the lower house but their own version. So sabi ni Alvarez violation daw ng
constituiton that local applicaion must originate from the HR. SC:
Amendment may be piecemeal or as a whole. In this case, it was an
amendment as a whole. In order that the bill will originate from the lower
house. Kasi di ba It was filed at the same time. Dapat yung Senate should
not act on it In the meantime.
Extent of power of Congress In treaty making
• President ratifies the treaty and the concurrence of the Senate. 2/3 of the
Senate.
• Philippine US Military Agreement - it was not concurred in by the Senate
because it failed to muster the required vote.
BUDGETARY POWER OF THE CONGRESS
• Automatic reenactment of the General appropriations act. The reason for this
is because
RIDER
• "If a member of the AFP has been deactivated but has served for a period of
10 years or more he can demand reactivation" - this is an inappropriate
provision in the GAP but nakapasok to as a rider. Here comes now a
deactivated soldier who demanded through this law. SC: Void because that is
a rider that Is why the content of the bill must be related to the title of the
bill since it was GAP, inappropriate yung subject ng rider.
• Bill passed by both houses of Congress.
Solido vs. Villegas and Astolga vs. Villegas
Involves power of chief of police of the City of Manila. The problem is, it

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was passed and signed by the Senate president and thte HOuse speaker. So
certified and It was signed by the President. I there is a defect in that pbill,
the enrolled act will prevail against the journal because of the respect due to
the signatures of the persons who signed namely the president, speaker, and
the senate president. There is a discrepancy between the bill that is signed by
the President and the Journal. Sabi nila yung enrolled act ang magpreprevail
becausee sinign ng three heads ng congress. Iba sya sa case ni Astorga.
Amendment of roxas yung nilagay instead of the adopted amendments of
Tolentino. ANg naisulat yung amendments ni Roxas. Pinirmahan ng speaker,
senate president, tapos sinign ng President. Tapos nung nalaman
nagwithdraw ng signature yung mga nagpirma. Dito, journal prevails over
the enrolled act. Pero as a rule pa rin dapat sa bi ni sir, enrolled act prevails.
US vs. Ponce
12 midnight iniistop yung relo. SC: the journal shall prevail.
EXECUTIVE DEPARTMENT
▪ 6 years without any re-electon. ALbano: ban Is total and lifetime in
nature. SI VP pwede magreelect pero isang beses lang.
▪ No constitution in Revolutionary Government
▪ Qualifications: at least 40 years of age on the day of the election. Ganun
na rin sa lower house at sa upper house on the day of the election.
Example: Pnoy on the day of the election Pnoy was not yet at the
proper age on the day of the election. "At the time of election" does
not refer to the day of the election becausee election is a continuing
process. It will start at the day of election it continues on the
canvassing, proclamation, and oath of office" Aquino was already at
age when he took his oath of office. In order to prevent that situation,
"on the day of the election"
▪ Residence 10 years prior to the election.
▪ Frivaldo vs. COMELEC
AMerican citizen filed a coc for governor. Naproclaim not assumed
wala oath pero may qou warranto kasi it was found out that Frivaldo
was not a Filipino. Nagprescribe na yung qou warranto becausee it
was filed beyond the period of 1 year. The SC said that 1 year period
does not apply because the evidence was obtained only after 1 year
INHIBITIONS OF THE CABINETS

▪ You cannot hold any other office
Cuna vs. Agra
Atty. Agra was the secretary of Justice at that time. He was designated as
SolGen. SC: kahi tna acting capacity you cannot hold any other position In
the government becausee remember the power so fhte secretary of justice is
different from those of the office of the SolGen.

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▪ Practice profession
You cannot.
Automatic member of the Board of Regents of the Republic of the
Philippines
Secretary of Finance - automatic member of the Board of Central Bank.
Ex officio lang
VP can be appointed in cabinet position. ANy member of the COngress can
become a VP.
POWERS OF THE PRESIDENT
▪ Control - over all executive. Control is not on the person but on the act of the
person. Example: Zatur Ocampo vs. Admiral Rodriguez about burial of
Marcos sa Libingan ng mga Bayani. Secretary of DILG si ramos nagkaroon
noon ng agreement between the family of Marcos and Ramos na ililibing sa
Ilocos. Nung time ni duterte Inallow niya na ilibing sa Libingan ng mga
Bayani si in effect narepudiate yung former agreement ng DILG Secretary.
This is power of control.
▪ Order of reinstatment in spite of conviction. Control over the act but not on the
person.
▪ Ocampo vs. Admiral Rodriguez - reversal of act of former secretary of DILG
▪ Power of supervision
▪ Power of Appointment
• There is no prohibition of appointment in acting because this is to
prevent the stop gap.
• Matibag vs. Benipayo
Justice Benipayo was rejected by the COmmission on Appointment.
You cannot be granted anotherr appointment the moment you are
rejected.
• Who are officers to be appointed?
A. Members of the cabinet
B. Diplomatic corps
C. Ambassadors
D. Consuls
E. Military from the rank of colonels to
• Lista vs. Soriano
You do not belong to the armed forces of the PHilippines if you are a
police force.
• Appointent Is an executive prerogative whenver the congress provides
certain qualifications of that person to be appointd but the congress
can not tie the hands of the president into appointing a particular
individual becausee that would be violating the separation of powers.
Example: SBMA was created by virtue of law. The qualifications are
provided for byt hat law. the problem is, the first chairman must be the
mayor of __. That time, si Gordon ang Mayor. So that was questioned

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SC: that Is not allowed. You cannot be appointed because if you are a
locally elected official you cannot be appointed in the civil service.
Gordon should resign first becausee he can be appointed. In the
emantime Gordon was there, Gordon was a de facto public officer.
• If ever there is an appointment by the Acting President, up to what time
is It valid? Unless it is revoked by the President. THis is for a period
of 3 months. If ever does not agree with the appointment he can
revoke it SO valid within the period of 3 months unless revoked by
the President. Yung mga midnight appointments 2 months prior to
election
• Vallarta vs. Valenzuela
Judges here were considered as midnight appointees because 2
months prior to the presidential election you cannot appoint. Si Ramos
nagappoint. SC: the appointments are void because they are
considered as midnight appointments because you have to allow the
incoming president to prepare or to appoint people. Except: If there is
vacancy in executive position, the continuous vacancy of which will
affect national security or safety. SO can the president appoint an
acting justice? Sabi ni Albano no kasi yung exception applies only to
EXECUTIVE not to JUDICIAL vacancy but SC validated the
midnight appointment of Renato Corona. Kay albano: yung
appointment of chief of staff of the national defense.
• Kinds of appointments: Regular, In-terim subject to the confirmation of
CoA.
Power of deportation
• Republic vs. Harb
power of deportation is a police power in order to weed out
undesirable alien whose stay In the philippines is injurious to the
national safety and security o the Philippines. subject to due process.
In this case , Harb said he was a Filipino. Sabi ng SC you cannot
deport that person If he is a Filipino. Example. Here is a woman
marrying a Filipino citizen. That woman does not have the
disqualifications of being a Filipino. So may derivative citizenship
from marrying the Filipino husband provided no disqualification. THe
problem is there is no cancellation of his alien certification. So may
deportation proceeding. Defense: That fellow becomes a Filipino ipso
facto.
• BID - DOJ
MILITARY POWERS
• President is a civilian authority. He Is the commander in chief of the
AFP
• Powers under this power:
A. Lagman Vs. Executive secretary case
President has the power of choosing the scope of the martial law. May
scope of limitations ba? That Is good only for a period of 60 days.
Tapos the president has to report to the Congress within 48 hours.

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B. Padilla vs. Congress of the Philippines
C. Lagman vs. Pimentel et al
1. Calling out power
The President in cases of situation where there may be disorder, in
order to suppress lawless violence, the president may exercise that
benign power (most benign)
2. Suspend the privilege of the writ of habeas corpus (all over the
country or a portion thereof)
3. Declare martial (all over the country or a portion thereof)
- the president has the choice the territory whichh will be the subject
of the suspension and declaration of martial.
Grounds:
A. Lawless violence
B. Rebellion
Extension of martial law. For how long? Lagman vs. Pimentel: SC:
the constituiton does not limit the extension,t hat is at the discretion of
the Person. Discretionary on the part of the Congress for how long the
extension is for as long that ther eis persistence of the grounds, the
congress can extend it for a certain period of time and not only for a
period of 60 days. THe keyword here is PERSISTENCE OF
ACTUAL REBELLION, INVASION, and concurrence of rebellion
and inasion when the public safety requires it. IT IS NOT REbellion
or invasion that controls but the phrase "when the public safety
requires it." The two must concur with one anotherr. Because when
there is no "when public safety requires it" hanggang callign out
power lang sya kahit na may rebellion or invasion. You do not need
the highest degree of proof because the security of the state Is at stake.
It Is the duty of the president to protect the integrity of the country and
safety of its citizens. So Probable cause lang.
Montenegor vs. Castaneda

Barcelon vs. Baker
Suspension is not a political but a judicial discretion but it is limited to
the arbitrariness of the President.
Voting JOINTLY
Extend of power of Congess - it can extend the suspension and
declaraton. Does It need to be In session jointly in order to concur to
the said declaration or suspension? NO. THey can act separately.
majority each
WHen is it required to be jointly? In case of REVOCATION.
Extent of the power of the SC in case of declaration or suspension?
Hindi pwede yung Rule 65 otherwise, the power will be emasculated

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in the case of Lagman vs. Exec. Becausee what you are going to do is
to test the sufficiency of the factual basis. IF you are going to question
the declaration or suspension, you do not need Rule 65 because what
you are questioning is the factual basis. You only question the
sufficiency of the factual basis . The "appropriate proceeding" means
petition for review parang ordinary appeal. Where the factual basis
will be reviewed by the SC. Kasi kung 65, hindi factual basis yan
kundi jurisdiction so it is not the appropriate remedy.
Padilla case
THey do not need to vote jointly as one. THe only time when they
needed to vote jointly is when the Congress revokes it.
Police power can be exercised in the exercise of the Martial Law.

Pwede magissue ng ASO (Arrest and Seizure Order)
WAG MO KAALIMUTAN ILAGAY ANG "WHEN PUBLIC
SSFETY REQUIRES IT" AFTER DECLARATION OF MARTIAL
LAW
FOREIGN RELATIONS POWER

• TREATY MAKING POWER - vested in the constitution upon the President.
PResident is the agent in the foreign country. SUbject ot the concurrence o
the Senate by a vote of 2/3. The President can enter into executive
agreements like EDCA . Saguisag vs. Executive Secretary - Rene contended
EDCA needs to be concurred by the Senate SC: No need because that Is a
mere adjustment tor implementation of what used to be or agreed upon
before 1951 that is, Mutual Defense Treaty which was previously ratified by
the President and ratified by the Senate. Under the MDT, if there is an attack
by foreign state agains the Ph, it is considered attack agains the US and vice
versa. EDCA and VFA are merely executive agreements implementing the
MDT so the President does not need to submit it to the Senate.
POWER OF AUGMENTATION
▪ Cross border transfer is prohibited. You cannot use the excess in other
departments. There must be a law.
▪ Nazareth vs. Villar case - The savings cannot create an item. Example savings
of 200M DPWH. DoE kailangan ng pera di nagkasya ang budget. THe
president can transfer this proided may item na pupuntahan.
▪ There must be a law providing for augmentation; ther emust be savings and
that savings must be used to open an item so ther emust be an existing item
not imaginary na naisip lamang nung nagkaroon ng savings. dapat dun lang
sa Department. 3 departments.
Doctrine of Operative Act

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Llamas cas
Amnesty vs Pardon
President granted pardon in an administrative act. There must be a final and
executory judgement.What kind of judgement?Since the constitution did not
distinguish you should not distinguisgIf the president ca give pardon in a grave
offense why cant the president pardon a mere infraction of the law.Kahit hindi
criminal.
If somebody was convicted of a violation of the omnibus election code there must
be a recommendation by the COMELEC before the president can give pardon.
No need for final and executory judgment in amnesty unlike in pardon.
JUDICIARY
• Weakest: why? Because the judiciary does not have hold on the purse
• Composition: 15 members
• THey can sit in several divisions and EN banc. The en banc is not a division
of the SC. The decision of the Division is a decision of the SC. In order that
a jurisprudence that was laid down by the EN banc in order to be abandoned,
there must be en banc din.
• Quaiications:
1. at least 10 years of practice of law. "Practice of law" Cayetano vs.
Monsod
• How are they appointed? By the president without the confirmation by the
Commission on APpointments but you hav eto pass the judicial and bar
counsel.
• Basic function of judicial and bar counsel - function: screening of possible
recommendees in the judiciary and other offices as the case may be and
recommendation to the President of the members of the judiciary and other
judicials
• Composition of the JBC: Chief justice as chairman. secretary of justice ex
oiciary. 1 representative from congress (Anywhere etiher Senate or HR). 1
representative form retired justice. 1 from private sector. Etc.
• Lagman vs. President DUterte et al - You cannot sue the president In any
capacity because the president may only be removed by impeachment and
that the president is immune from suit for as long as it is sitting as a
president.
• Clustering case (Aguinaldo vs Aquino) - If you are in cluster one you cannot
be appointed In a positionf or cluster 2, cluster 3, etc.SC: that is not valid the
President must not be bound by such limitation of clustering. It emasculates
the power of the PResident to appoint.
MANIFESTATIONS OF INDEPENDENCE OF THE JUDICIARY
• PERFORMANCE OF DUTY
Judicial only except performing office in JBC because this is
administrative

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• Salaries
"Diminution" Endencia vs. David Suppose a tax law will be enacted
Imposing tax on the salaries of the judiciary. Is that a diminution? Yes.
Diminution included taxation this is 1935. Magkaiba sa 1987
Constitution. kasi In this time the tax is not considered as dimunution.
• Fiscal Autonomy
Means automatic release and release without any condition.
Filing fee salaries of judges. employees of the judiciary.
• Removal through impeachment only
Grounds:
Motion to disbar a member of the SC: You cannot disbar them becausee
that is in effect removing the member of the SC and the member can only
be removed through the impeachment. Other than which is allowed by
the SC.
POWERS OF THE SC
• Power to transfer the venue of the trial in order to attain justice and where
there is danger to the life and limbs of the complainant and his or her
witnesses.
Example: Maguindanao Massacre case
People vs. Gutierrez - transfer of the trial from VIgan Ilocos sur to City
of Baguio. The one charged or accused is a prominent person.
• RUle-making power
They can promulgate their own rules because of the fact that they have
fiscal autonomy. This power is a continuing power. Whenever the SC
abandons a jursiprudential rule and adopts a new rule that is part of the
rule-making power of the SC. Example. Neypes Rule Fresh 15 days to
appeal.
• Judicial Power
Expanded concept of the judicial power. How was it strengthened?
Power to determine legally demandable rights and to determine whether
judicial or quasi-judicial bodies committed grave abuse ALEJ. Ito yug
GAODATOEJ.
Requisites for the exercise of Judicial power?
1. There must be an actual controversy
- the decision of the board of judges in the contests Is final. MIss univese.
Miss globe. Michelle Gumabao Unless there is rule violated example si
Ruffa Gutierrez reading Best Actor and Best Actress na iba yung nabasa.
Such situation may be reversed by the court becausee there is an actual
controversy.
- There must be a violation of right in order for there to be an actual
controversy
2. Actual controversy must be commenced by the person who has locus
standing

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- Locus standi is used in constitutional issues. Real and indispensable
parties are used in ordinary cases. San Lakas case, Pimentel etc. Filed a
petition questioning the calling out of the military by the GMA this Is in
relation to mutiny committed by Trillanes et al.
- Kilosbayan case vs. Morato Lease contract between PCSO and
PAGCOR Involving the machine that operates the lotto. SC: It is not for
the court to determine morality but it is the policy to be determined by
the congress alone otherwise would violate the separation of powers.
- If ever there is illegal use of public funds, the taxpayer has the locus
standi. Governor Pascual case - yung Governor nagapproprate ng fund
for the construction of road sa subdivision kasi doon sya nakatira. SC:
The road is not a public road it is mere private road so there is illegal use
of public funds
3. Timeliness of the issue brought to court
- Otherwise, estoppel
4. Constitutionality of the issue is the lis mota of the case
- it can pass sub silencio and the constitutionality of the rule because of
the presumption of the constitutionality of the rule or law
- Suppose prior to declaration of it unconstitutional, vested rights has
already been acquired. Ex. Law was enacted creating an office. Mr. A
was appointed in that position. A retired after 30 years. Later the law
creating it was declared unconstitutional. I rereimburse ba niya yung
pension na natanggap niya? There are already vested rights acquired.
THis is the so called doctrine of operative facts. No need to reimurse.
The effects of the unconstitutionality of law must look forward not
backwards.
- Separability clause - If a portion of law is this unconstitutional but the
remaining portions can remain as law then this law will still be operative
but if the portion of that law declared unconstitutional does not allow the
law to stand on Its own everything is unconstitutional. SO that it may be
partly declared unconstitutional and wholly unconstitutional.
WHO EXERCISES?
• COurts
• The issue of constitutionality of a law or treaty if raised in RTC, the rRTC
can declared It unconstitutional but that Is subject to the final review of
the SC.
CONSTITUTIONAL COMMISSIONS
Manifestation of independence
• Fiscal Autonomy
Civil service commission vs. DBM
SC: If you impose condition before the release of funds of the CSC then it
violates the fiscal autonomy of the civil service commission, including this

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court. Violation of the fiscal autonomy
Brillantes vs. Yorac
Brillantes: in the designation ofhte President of Ms. Yorac as acting
chairman of COMELEC Is a violation of the COMELEC SC: Correct
becausee the Internal rules of the COMELEC provide for the means by
which the vacancy may be filled up. President cannot desgnate an acting
chairman
• Removal
Impeachment
- If you are a member of the constitutional commissions, you cannot be
appointed again after your retirement
PUna vs. Villar
Constitutional commission of COA. VIllar was appointed as associate
commissioner. Carague chairman of COA had an early retirement. Meron
pang remaining 1 year period. SO there was an unexpired portion. So villar
resigned and GMA appointed him to the chairmanship of the COA. THe
problem is the appointment is for a period of 7 years. Qinuestion ni Atty.
Puna because if ever there is n appointment of vacancy and there Is a
remaining term. The appointee should only serve for an unexpired term. SC:
Correct si PUna dapat for unexpired period lang. There is no prohibition for
promotion but if ever you are promoted, you should only serve for the
unexpired portion of the office.
Secretary Duque was the chairman of the CSC and as such, dinagdagan sya
ng position as member of the Philheath, member of the board of other
agencies of the government. SC: that is violation of the independence of the
CSC. Prohibition on double position of members of the Cabinet.
COMELEC
• Vested with the power to enforce election laws but this is not the exclusive
power of the COMELEC.
GMA vs. COMELEC
ABALOS vs. De Lima
These two people were charged with Omnibus election code but before this
may preliminary Investigation. prosecutors of the COMELEC and Yung isa
ay put into 1 panel. kinuwestyon SC: It is shared power between the
COMELEC and of the DOJ especially with the amendment of the Election
Code. Enforcing means investigating of violations and prosecution.
CSC
• Dapat may CSC eligibility except: secretary of the cabinet, primarily
confidential, technical.
CITIZENSHIP OF UTHE PHILIPPINES
• Ching case
• WHo are
1. At the time of the adoption of the constitution
- citizen from birth without having to perform an act In order to perfect his

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citizenship.
- just soli - Both parents are citizens of the Philippines. This is by BLOOD
- jus soli sanguines - By PLACE
- execute an affidavit expressly renouncing his other citizenship
- Derivative citizenship - provided there is no disqualifications to become a
filipino, that person becomes ipso facto FIlipino citizen. All s he hd to do is
to cancel certificate of alien registration. No need to go to court. Does not
apply if both are foreigners tapos naging naturalized filipino citizen.
magaapply ba yung derivative citizenship? In a case Moyalikman? Obiter
dictum - likewise applies in this case if both are foreigners and that man was
naturalized for as long as the WOMAN possesses no disqualification. If that
woman remains alien in his certificate of registration because they did not
bother to cancel it and he is subjected to deportation, (Case of Harb) IPSO
FACTO na present evidence that this person is married to a filipino, that she
does not possesses any disqualifications.
Who is a natural born citizenship?
FRIVALDO
- th edocument to show that he is not a filipino came only after 1 year sabia
ng SC yung prescriptive period of qou warranto does not apply. The action is
imprescriptible.
WHen he filed his coc he was still an american citizen. at the time of his
proclaimation, he was still an american citizen. a day before he took his
oath, lumabas yung repatriation papers. GRANTED. so he took his oath as a
FIlipino. Then he took his oath of office may qou warranto contending his
citizenship because at the time he filed his coc, election, american citizen
sya. "Must be a filipino citizen; must be 23 years of age on the day of the
election ; qualified voter;" so may semi colon after words "filipino citizen"
since the LGC does not distinguish whether he must be a filipino citizen then
it is Sufficient that he was a filipino only at the time he took his office.
ALthough he was not a filipino at the time he filed his coc, he filed his
application for repatriation before the filing. may cut-off dito sa case ni
frivaldo. may retroactive effect sa filing of a petition for application of
repatriation. Kasi dito governor lang, filipino lang naman ang kailangan dito
so may interruption. hidni niretroact sa time of birth unlike yung kay
bengzon walang gap. kasi si bengzon lumalaban sa pagkacongress man need
doon ang natural born citizen.
Kung qou warranto ifile sa SET o HRET hindi sa SC! Sole judge sila
pertaining to election returns and the qualifications of the members
Poe and Bengzon
David vs. SET
SC: If there is repatriation then that retroacts to the moment of birth She
reacquires the status of natural born citizen from the moment of birth.
If foundling, stateless? NO because anyone who Is born in the Philippines Is

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presumed to be natural born citizen. because there are only two types of
citizens in the philippines naturalized and natural born citizens. PURSUANT
to the case of TECSON, you are presumed to be a natural born citizen if you
are born In the philippines. Before, there is no presumption. If he was not
naturalized, then natural born. The burden of proof is on the part of the
Defense. It Is impossible for Poe to prove becausee of her linkage is
unknown so it can be proven by circumstantial evidence tignan mo yung
mukha. Wla rin airport sa Iloilo so it was impossible for a foreign woman to
go to Iloilo to give birth and slip out of iloilo. If you have no direct evidence
to prove the factual matter then you can prove it by virtue of circumstantial
evidence.
NAturalization
• Economic qualification - this is important
DUAL-citizen
- cannot run in public. you must renounce your foreign citizenship in an express
manner. Dapat may affidavit nung kay Manzano, wala pang law nung requiring
affidavit the mere act of filing Is already tantamount to repudiation. Pag
nagrenounce ka na, qualified ka na but the moment you use your passport again
even if only once, Makiling vs. COMELEC. after renouncing his foreign
citizenship he used his foreign passport to enter a country the effect is: that is the
repudiation of the renunciation. You revert to the foreign status in the eyes of
Philippine laws
Agustin vs. COMELEC
- Dual citizen si Agustin ang problema nagrenounce. Hindi pala sya tunay na
pilipino beauuse he used his passport going to mainland and America for more
than 10 times. SC: Mas grbe pa to ssa makiling kasi more than 10 times ginamit
passport si makiling once lang e.
BILL OF RIGHTS
DUE PROCESS CLAUSE
• Which hears before it condemns. Requirements: Notice and opportunity to be
heard
• Gonzales case - filed a leave to attend his sick son.
1. Substantial
2. Procedural
- There must be a court of competent jurisdiction, otherwise, there Is no due
process. Olager vs. Military commission: when Marcos declared martial law,
nagkaroon ng military tribunal to charge those officers. However, civilians were
tried in this military courts. Umabot sa SC. SC: THe military commission did not
have jurisdiction over civilians hence the proceedings are void. Tan vs. Barrios:
Mr. Y was charged with Illegal possesion of firearms before the military tribunal.
he was convicted but was pardoned by the preident. Z was convicted also, he was
acquitted. Becausee of the pronouncement in the case of Olager. May double
jeopardy ba yan? Government: no double jeopardy kasi walang jurisdiction ang

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military tribunal. SC: No you cannot charge them again for the same offense
otherwise violation of double jeopardy becausee of the doctrine of operative facts.
the operative facts are you were CHARGED and ACQUITTED. General rule, pag
walang jurisdiciton you cannot have a valid trial but remember the new
jurisprudence on due process. People vs. Danding Cojuangco ang nagfile ng kaso
ay PCGG, ang naginvestigate ay PCGG SC: You cannot be the prosecutor and at
the same tie the judge otherwise there will be lack of due process beause the judge
must tend to be a neutral judge.
- there must be a valid indictment before the court of competent jurisdiction
- notice and opportunity to be heard
- judgment after trial
UP vs. Santiago
May squatter sa property ng UP. May title daw yung squatter. so dinismiss agad.
UP was deprived of due process becausee there was judgment without trial. Meron
yung iba wala trial, summary procedure, small claims, labor mag submit ka lang
ng position papers, etc.
Airwaves
- not a property. use of airway Is a mere privilege so COMELEC is justified in not
paying you. SC: COMELEC magbayad ka! you will be deprived of property
without due process of law. AIrway is not a finished product. yung newspaper
finished product that is property that is different from television and newspaper so
naghalo ang due process and equal protection clause.
EQUAL PROTECTION CLAUSE
- does not have universal application it depends upon the circumstances of the
case.
• Judge applied for promotion. the JBC di raw pwed ekasi di pa nagfive years as
municipal jduge before you can ask for promotion In the regional trial court.
sabi ng judge violation of the due process remmeber the JBC has the power
to set guidelines SC: the JBC Is the one screening for possible appointees in
the udiciary in order to maintain competence in the judiciary. Dapat kung
municipal judge ka, magmature ka muna ng kunti bago ka maappoint sa
regional trial court.
• It must be applicable not only to present but also to future conditions. So
applicable to everybody belonging to the same class.
• Under the old probation law, if a local govenrment unit has the finances to
create a position,t hen the LGU may create that position. Is that a violation
of the equal protection clause? Becaues there will be LGUs who may not be
able to have finances to create that position (probation officer) SC: that Is
vilation of equal protection clause. THere was a general after retiring rom
service he went ot the US and became an american citizen. Nalaman na he
was no longer filipino tinigil yung kanyang pensyon. Tapos yung isa na
buloktorian nagpaepensyon is there a rdistinction that makes real difference?
Yes. d na kasi sya filipino. If ever there Is emergency, can you compel
foremer filipinos to compel them to render aid to the Philippines? NO. that is
the real difference.
• TPO RA 9262 why is it ex parte? is this not violation of due process? No
becausee there will be hearing after you serve the TPO then that will be due

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process clause.
• Closing a bank by the BSP why is it valid kahit na walan gnotice of closure?
BSP vs. CA SC: Valid without notice becausee If you notify them in the
Newspaper it will result to bank run. pag gising mo sarado na pala yung
bangko tatanggalin na nila yung pera nila. the opportunity to be heard will
be done thereafter becausee the bank is already insolvent subject to
foreclosure so san sya kukuha ng pera kng iwiwithdraw na.
What are the rights of the person under investigation?
• Entitled to be informed of MIRANDA RIGHTS
1. right to remain silent and counsel
- can be waived provided that it is one expressly and in writing and
subject to the fact that he must be assisted by an Independent counsel at
the option of the person under investigation.
- police officer is more interested In the conviction rather than the
acquittal of the accused so it must be an Independent counsel. If there is a
violation of miranda right like there is a confession in violation of this
rule, this confession is inadmissible in evidence even if the confession is
true. Can It be possible that even without confession is it possible for the
accused to be convicted? If there are evidence outside of the confession
to prove the guilt of the accused beyond reasonable doubt.
- PP vs. De Salva. Lawyer from Sorsogon who went to the police
together with his cousin a prosecutor. There was a lady who boarded a
motor vehicle and that lady died becausee the lady jumped off the motor
vehicle. Lawyer narrated the death of the lady. SPontaneous statements
not even invited by the police to shed light to the crime. SC: admissibl
ein evidence because you were not yet under investigation
- People vs. Andal . Pag kahuli ng isang suspect nagkaroon ng press
conference. Innanounce ng police na nahuli na yung kriminal. Yung
accused hinawakan yung microphone tapos nagadmit tapos he was
charged with the offense but the statement that were given by him to the
media were being presented in evidence against him.
- Police ininvite ang person. PAgsakay sa police car, nagkaroon ng
confession. Is that admissible In evidence? SC: the mere fact that he was
invited and he was singled out custodial invseetigation na. Becausee the
mere fact that he was in the car there was already restraint of liberty. That
is why dapat may miranda rights na
- Unlike police line. The rights will attach the moment the police line up
turns into inquisitorial.
- Here Is a prosecutor, judge. Judge was caught in flagrante delicto in
accepting a bribe. he was brought in the police station. Judge winaive
niya yung right without counsel. Is the waiver valid without the
assistance of counsel? Yes becausee of the degree of knowledge he would
understand the effects of the waiver. Kapag adherent yung sasagot sa
constituiton, syempre invalid yung waiver
- Poepl evs Dacanay SC: For as long as it was done freely and consented
to the interview, that is admissible in evidence kasi same sya sa people vs
Andal. So that the spontaneous statement given by him even if he was

Page 20 of 33
inside the jail is admissible in evidence.
-Exception: if spontaneous statements were obtained under intimidating
circumstances and there is evidence to that effect then that is not
admissible In evidence. This Is qualification in the case of People vs.
Dacanay and People vs. Andal
- People vs. Lauga: There was a drinking spree in the community. Bantay
Bayan conducted an inestigation without complyning with the miranda
rule and there was confession. Is that confesion before bantay bayan
admissible in evidence? remember the Bantay bayan is an auxillary of the
PNP. If ever that Bantay Bayan conducts an ivnestigation it conducts in
similar to the police. SO you have to comply with the Miranda Rule
2. Right to be informedn of the nature of the accusation against him
- not waivable.
- one way of informing him is through the arraignment subject ot the
condition that If the person does not understand english subject it must be
explained to him by the OFFICIAL interpreter.
- Wright vs. CA: Fugitive of justice from Australia. Naarresto si Wright
for extradition. Sabi ni wright expost facto law yung extradition beause at
the time na dumating sya sa Ph no extradition treaty pa. SC: Wright is
Wrong. A treaty Is not a penal statute. Althoh it may be prejudicial to you
bone of the elements of the ex post facto law is non existing becausee a
treaty is not a penal statute. It is not even a statute. Under the forefeiture
law, is an ex post facto law if it becomes retroactive becausee it is
prejudicial to the interest of the person. In forfeiture law, there is
presumption that the excess property from income is,, the forfeiture is in
the form of penalty.
- Bill of attainer : law that penalizes an act without need of a judicial trial.
By the mere fact of that existence of the law you are already convicted.
3. Right against self-incrimination
- COnstitution abhors a stiuation where the person accused will provide
his own evidence against his conviction.
- Testimonial evidence. If Physical in nature, it is not covered by self-
incrimination.
- if ever you are going to require a person to write something example:
forgery. SC: Writing is controlled by the mind of the person and since
that is such, that is equivalent as testimonial knowledge and what is
protected In the right against self-incrimination Is testimonial knowledge
even if It appears to be physical it is not limited to the physical
movements of the hands because it is controlled by the mind.
- If it is the accused, the accused has the right to testify and never to
testify that even before the incriminatory questions would be asked, the
accused can already invoke his right. In case of ordinary witness, you
cannot invoke the right against self incrimination immediately only when
the incriminatory witness will be asked. SO you have to classify between
the accused himself and the witness.
4. Double jeopardy
- You cannot be charged in court for the same offense. "Same offense"

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necessarily Included in the first charge remember a single act can give
rise to more than 1 offense. Example. Issued check dishonored, you can
be charged for BP 22 and 315 of the RPC. Supposed he was acquitted in
the 315, you cannot be charged in BP 22. Although they give rise to two
or more offenses, they are separate and distinct offenses therefore there is
no double jeopardy.
- Jason Ivler case: bumped into a motor vehicle resulting to damage of
the motor vehicle and the death of the passenger. Nacharge ng
Imprudence resulting to damage to property. Pag ka ganyan lang ang
charge bilisan mo na yung preliinary investigation, iwaive mo na tapos
plea ka na ng guilty. After plea guilty to that charge, finilan sya ng
imprudence resulting to homicide. Nung macharge sya for the second
time, sabi niya No you cannot file that that would amount to double
jeopardy. Sabi ng prosecutor magkaiba. SC: The crime committeed was
not damage to property nor the death but the imprudence or negligence
(quasi-offense). Crime is not the homicide but the imprudence or
negligence kaya nga "resulting In". So may double jeopardy na dito.
- VIolation of 266-A (Rape) di ba meron ding Statutory Rape. People vs.
Alendrino (2018 case) There is no double jeopardy. the two laws are
different from one anotherr. Kagay ang illegal recruitment may kasamang
estafa yun. A person was charged with Illegal recruitment tapos estafa.
SC: if the person will be acquitted in the estafa case, it does not put the
accused in Double jeopardy the elements and facts are not the same. If
you charge that person for the same offense, that will put him in double
jeopardy.
- Valid of indictment: CUdia vs. CA: Trial was conducted In Pampanga.
ANg naginvestigate yung city prosecutor ng angeles. Motion to quash
becausee the officers who conducted Investigation did not have authority
to do so. Ang proper officer dapat ay provincial prosecutor's office SC:
You can not be put in double jeopardy becausee the information is void
there was no valid Indictment. San finile? Sa prosecutor's office. Finile pa
sa Angeles, walang jurisdiction yung court. E dapat cour tof competent
jurisdiction.
- Balisakan case: One of the most classic DJ cases. In this case, the pea of
the accused Is guilty. Murder case. The duty of the judge Is that the
accused must be put In witness stand and conduct searching questions to
determine that he plead voluntarily etc. IN case of acquittal, Rule 65
dapat. SC: You were never put in double jeopardy becausee at the time of
the acquittal one of the elemens is missing. walang plea.
- Kinds of immunity statutes:
1. If you are under investigaiton and the evidence presented points to
you, you can be charged
Galman vs. Pamaran
- 26 soldiers charged for suspected killing of Ninoy Aquino. May decree
of Marcos creating a _ providing that if a person Who is to testify refuses
he can be cited for contempt. In that decree, there was immunity statute
that was granted to those persons regarding use and fruit immunity. The
Grava? court ruled agains thte 26 soldiers so nacharged sa

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Sandiganbayan. SC: If it Is a use and fruit immunity and the evidence
you presented points to you, you can be charged. but the evidence cannot
be used against you …. ????????????????????????
2. Transactional
- even if you are going to make admission that you are the perpetrator of
offense if this Is immunity, you cannot be charged and it canot be used
against you In the prosecution because the state goes not intend to sue or
send the person to prison but to know only who are the perpetrators of the
offense or to know the motive.
SEARCH AND SEIZURE
• When may it be issued. Search without warrant as a rule hindi pwede.
• When can there be search without warrant? Most important word in Plain
view doctrine Is the word "INADVERTENCE" you have no Intentiont o
look for it but you saw it even without the Itnention to look fo rit.
• Example. the accused residing in his place. there was a valid intrusion in
his house. Nakalagay sa warrant armalite, ammunitions. Pagpasok may
nakitang shabu sa table. THe shabu can be seized without warrant and it
is admissible in evidence.
• Pagpasok may nakacover ng linen. tapos binuksan maraming baril pala.
hindii to admissible becausee there was performance of an act to see it.
• Valid intrusion into the premises. THey were looking for something but
they could not find it. Sa kitchen may nakita na transparent plastic bag
hanging but shabu un pero ang hinahanap baril. Can the object be seized?
Is it admissible if seizeD? YEs yes becausee it was inadvertently found..
• People vs. Mariposa. Nakalagay sa warrant baril. Pumunta sa kitchen may
basket. Tinanong kung ano yung laman ng basket. di raw niya alam.
Kinuha ng pulis yung basket tapos shabu pala. inadmissible In evidence
kasi hindi inadvertent. Dito something was done and you even asked.
• Search at the airport. Why Is there a valid search? Kasi dadaan sa xray.
People vs. Jonson SC: valid even without search warrant ebcacuse the
state would like to protect the life an dlimbs of that aircraft becausee the
dangers exposing them as against the minimal intrusion into the privacy
becausee of that search. It is so minimal as against the magnitude of
danger you are exposing to the passengers of the aircraft.
• People vs. Dela Cruz. Sumakay sa barko ininspect yung bag. THe same
reason as in the case of Jonson case.
• Incident of a lawful arrest - kabaliktaran ay ang stop and frisk situation.
THere can be lawful arrest tapos search na alid. dapat may lawful arrest
muna.
• People vs. Posadas. Walking under suspicious circumstances madlaing
araw. he was Intercepted by the police patrol. Ano ba raw laman ng buri
bag. Tapos tumakbo. He was overtaken by the police. Can you stop and
arrest the person? The purpose fo the law is to protect the life and limbs
of the police officers. BURI BAG That person will have to be searched.
stop and frisk is FOUNDED ON suspicion.
• People vs. Ugani, Nakasakay pareho yung pulis and tao sa jeep. yung pulis

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nasa tab ng driver. The suspiciousness must be through the suspicion of
the police officer. THe suspicion came from the driver of the motor
vehicle. not from the police. Foundation of the stop and frisk is the
SUSPICIOUSNESS.
• Leila Jonson. People vs. Dela Cruz. situation where the search was done
not in the airport but in the seaport. Intrusion of your privacy is very
minimal is nothing compared to the danger.
SEARCH WARRANT
• When are you going to file this? Is it possible for the police officers to ask for
issuance of search warrant so the search warrant was appplied for in
muntinlupa and it will be used in the city of manila. People vs. Judge
Castillo wherein there was a question where the MTC issued a search
warrant but it will be used in Cagayan. Sabi ni Justice hindi pwede. SC:
YOu can apply for search warrant within the judicial region. If ever there is
compelling reason to justify the issuance of a search warrant other than the
place where it will be used thenn pwede. example of compelling reason:
THere will be an application. Case: People vs. Judge Elma Castillo of
Cagayan.
DOUBLE JEOPARDY: If a person issues a check he may be charged with BP

22 and 315 of RPC there Is no double jeopardy. Illegal recuitent and estaf wala
double jeopardy. Imprudence resulting to damage to property tapos homicide.
• Provisional dismissal - if ever ther eis provisional dismissal it will be filed
with the prosecutor with the consent of the accused or with the accused only
the purpose is to prvent him rom Invoking the right against double jeopardy.
BILL OF RIGHTS
• Non-Impairment of contract clause
• Between thep olice power of the state and that of the =non Impairment of
contact clause, the police power prevails. Non impairment must bow to that
portion of power of the state. whenever an individual enters into a contract
with the stsate especially if it affects the morality, health then It Is born with
CONGENITAL DEFECT that congenital defect is the reserved power of the
state to ____/
• COMELEC
FREEDOM TO ASSOCIATE
• Carries with it the freedom not to associate
• Iglesia ni Cristo there was a CBA between the company and that of the union.
SO may close shop clause? Under that CBA, if any employee in the CBU if
there Is an employee who is not a nmember of the union then youu remove
said employee.
• Elizalda factory - May closed shop agreement. Ang mga tinatanggal members
of the INC. I sit not that the INC people are not believers of unionism

Page 24 of 33
becausee that is the part of their belief. Can the union invoke the close shop
agreement? Can EE invoke your religion? SC: You annot remove them
otherwise you will be violating their freedom of religion in connection with
the freedom to associate. Ther Ight to form association carries with it the
right to form or not to join any asociation. Freedom of associate.
• Government emplooyees cannot strike, picket becausee what will happen if
they strike.
• SSS and Lagyo case SC: while It is true that you can join organizations or
unions, you cannot join the picket lines or demonstrations for as long as you
are rendering public service however if you are on leave you may join
picketline or if It a sunday or holiday, saturdy
FREEDOM OF RELIGION
Two aspects
• Freedom to believe Is absolute
• Freedom to act is not absolute
• For as long as it is limited to the realm of belief that is absolute on your part
because there are those applicable to believers and to non-blievers.
Rizalistas.
• I he blie Is put Into action then the State can limit such action. C:ear and
prsent danger of the substantive evil to restrain this. yung lechon baboy pag
pinilit mo sang kainin yan it is violation of.
• Soriano vs. _ - nakikipag away sa minister ng INC. Program of Soriano
• Malacanang case - THey were demanding for the resignationo f Marcos there
was a
• General Balanga case. While it may be true that initially you are exercising
freedom of religion however It must be exercised in good faith. That mass
was turned into a demonstration. THe moment belief is put into actiona nd it
would have effect on thep eace of the community then the clear and present
danger rule will apply in order to ___.
• If it Is within the problem of religion, the court must not interfere. THere
shoul dbe intermarriage between the state In so far as eccleastical matters of
the state. Otheriwse, there would be violation of principle of violation of
church and state. Case of Dela Cruz In Surigao - There was a conflict in
Surigao sa Fiesta but ht emembers of that religious sect wanted the bishop to
remove or transfer that priest becausee that priest is intimately related to a
politician In that place. Can that state interfere with that? No because It will
violate the freedom of religion
FREEDOM OF EXPRESSION
• It is better to have a responsible press. Whichh do you prefer a responsible
press or a timid press? Responsible press can alwayss be corrected becausee
it is a catalyst in the devlopment of our country. Freeom of expression you
can talk, you can write, you can go out and invoke your right may
demonstrate ka doon becausee no laws shall be passed abridging the
freedom of expression but this is not an absolute right. JUsmic vs. CA =
Must tend to be exercised in good fiath you cannot use it to malign the

Page 25 of 33
honor or dignity of other person. In the case of Soriano you cannot suspend
the program of ellie soriano becausee he was uttering words whichh dcould
be heard by the youngsters that could affect the developnt of the youngster
so there is a clear and present substantiveeee.
• Clear and Present Danger - this is the stongest instruent the State can use. IF
MR SOriano is uttering undesirable words and the youngsters are listening
to him that can affect the rights. Atty. Gonzalez vs. __ He was the tanod
bayan under the 1973 of the Constitution tanod bayan ay Ombusman.
Special prosecutor to. Saldivar vs. Gonzales : NO more power to conduct
investigation becausee you are not ombusman but a mere special prosecutor,.
Gonzalez "only the rich can attain justice" Raul GOnzalez invoked freedom
of expression SC: Clear and Present danger kasi afer the decision was recei
ed by Gonzalez he started attacing the SC and entire judicial system he went
ot he media SC: WHat you are doing is establish a clear and presnt danger of
susbtantive evil it will result to the loss of confidence of the people to the
judicial system there will be chaos in our country. So Raul was suspended.
THe Independence of the judiciary is being affected. Between the freedom
of expression of an invdiviual and the independence of the Judiciary, hinfi
pwede pagpilian. No choice between the… Even if the freeedo of expression
occupies the hgihest position of rights Freedom of expression cannot prevail
over the independence ofhte judiciary
• Balancing of Interest test: People Blooming mIlls case that happened at th
etime when demonstrations were at early stage. There was a prior
demonstrationa nd some of the members of union participated in the
demonstration befor ehte Congress. NABATULAN NG PULIS. SECOND
DEMONSTRATION THEY WANT TO DENOUNCE ANG PAGBATUTA
NG PULIS. SC: The economic situation of the company but the exercise of
freedom of expression can outweight?? SC: THe freedom of expression
occupies the highest position in the hierarchy of rights becaue these are the
basis of freedom of expression by whichh all rights are based.
• Dangerous tendency rule - criminal law scurilous libel. Case involving a man
naglagay ng tali sa taas tapos kunwari nagbigti pero nakatungtong sa isang
mesa. hindi talaga nagbigti yun e. He did not ang himself Garcia was….
nagkademanda ng scurrilous libel SC: that situation is a tendency tfor h
epeople to revolt against the government authority
• VOTE FOR Team Buhay Not to vote Team Patay That ia content based _ that
Is equivalent of depriving th epeople of freedom fo expression. Content
based restriction sya kasi ganito. "Tatahiin ko yung bibig mo pag nagsalita
ka", Pag content based you prevent him from talking or campaigning
• Sanidad vs. COMELEC Mr president wante dto submit to the people through
plebiscite. Pag content neutral restriction,, wag kayo maglalagay sa kahoy.
IMPEACHMENT
• Grounds
• Effect: Removal and can be charged If the act amounts to graft an dcorruption,
perpetual disqualification to hold office whetherappointiveoree
• A deputy ombudsman cannot be removed through impeachment

Page 26 of 33
• At lower house, they will refer It the a committee (on justice) for
investigation. That is the end of the initiation. After initiated, you wait for
the lapse of one year for the same person. AFter hearings, 1/3 If the
president is the subject of the impeachment case, the CJ presides the
impeachment otherwise if it is not the president, the person who presides is
the Senate President. Vote required is 2.3/3of 24 so 16 vote of all senate.
Senate President will only vote in case of a tie. Cannot be pardoned by
President in case of impeachment
• Who is PET? THe SC
• Can President remove Deputy ombudsman? The president can order the
removal of the deputy ombudsman on grounds provided under the
ombudsman for impeachment. Basis of PNoy ordering the removal of
GOnzalez: Betrayal of public trust kasi hindi niya nadesisyunan agad yung
kaso ng police officer. Sabi nung Deputy tapos na raw yun. That was the
reason why the SC said that the mere fact that there was delay in the
rendition of the decision does not constitute betrayal of public trust. Under
the provisions of OMbudsman act, RA 6700, grounds for removing deputy
ombudsman are the same as those for removing Ombudsman. The deputy
ombudsman Is not an impeacheable officer. THe mere fact that there was
delay of rendition of judgment In a single case does not constitute betrayal
of public trust.
3 INHERENT POWERS OF THE GOVERNMENT

1. POLICE POWER
• Most irresistible power of the government. It can even violate a contract.
• Camigin vs. NHA - they divied a partciular property which the spoues are
occupyoing. there were conctracts entered into. THe president issued a
deccree cancelling ontracts and telling us that we have to vaccate becausee
we are going to rehabilitate the property. Th epolice power shall prevail in
fact when they entered into a contract the contract has CONGENITAL
DEFECT tha tis the proeprty ot even dispense with the ontract or cancel, or
violate the contract under the guise of police power.
• CUrrent decisions: Senior citizens giving 20% discount tapos yung PWDs.
Carlos vs. Southern Luzon Corp case - involes 30% discount in favor of
PWDS. SC: GIving 20% to them is an exercise of police power becacuse we
have to recognize the contributions of the senior citizens to the devlopment
of the youth becausee most of the lifes of the senior scitizens are devoted ot
the youth. PWDS they belong to the same class bthh of them are entitled to
the same discount kahit na nakakapagtrabaho pa yung PWD. seniro citizens
and PWD are classified as one in the exercise of police power .
• Ordinance no.. 1664 of Cebu that if your car is illegaly parked and you ar enot
there at the time of apprehension they clamped up your. Manantil Legazpi
vs. City of Cebu is this not a violation of due process? THat is exxercise of
police power becausee the traffic problem has affected the economy. Ther
eis reasonbale means to attain the objective the means is no Illegal parking
becausee it affects the traffic problem/ Theobjective is to promote the
economy

Page 27 of 33
• One of the ppurposes of the land reform program is to take your property to be
distributed to the landless. WHen the comprehensive agrarian reform
program was enacted by the COngress, police power. City of Davao
• Pataligon vs. CA
• DUque vs. Villegas - yung big buses dapat sa main roads of Manila. Upheld th
evalidity of the ordinance in order to solve the traffic, pollution problems in
the city of Manila althogh it is not fully polluted. so exercise sya ng police
power.
• There was an ordinance pag check in sa hotel, you have to give or exhibit your
cedula. It Is an exerise of police power becausee hotels in Manila are being
used as prostitution house.
• Powr of the LGU classify from industrial to commercial - this is exercise of
police power. SJS vs. Atienza: ORdinance 8027 reclassifying pandacan area
and including it to the depots of shell, petron etc where millionso f gallons
are deposited and that ordinance was a reaction to 911 incident that
happened in New York. THey were given the period of 1 year to transfer it
to safer places becausee It represents vested interests (Pandacan) hence,
prone to attack by the terrorists. Despite oridinance, Atienza entered into
with the Pandacan Depots saying that you can stay do not comply with the
demand yet. Inspite of the oridnance, it was signe dby the Ordinance.
Atienza violated the oridnance by allowing them to stay. SO a petition was
filed to compel Atienza to compel performance. Granted yung petiiton for
mandamus. nung may MR, nagintervene yung mga companies issue Is
transcental importance it will affect ,, we will allow the intervntion as an
exception to Rule 19The ordinance reclassifying the city is a valid exerise of
police power in order ot protect the welfaer of the people their life and
limbs. Nung naging final and dexecutor may oridnance 7161 repealing the
rodinance reverting the land to industrial so hindi naimplement agad yung
decision but ultimately it was implement becausee the SC said that LGU can
classifya nd reclassify its properties and that is a vvalid exercise of police
power.
2. EMINENT DOMAIN
• Limitations: Due process, Public use
• "Public use" it used to be interpreted to mean that the State takes your
property for purposes of putting up a school, plaza, etc. Now the term public
use means Heirs of arriola vs. Reyes the SC said that private proeprty to be
appropriated for tourist area Is puublic use for as long as anybody in the
public can use it that is public use kaya naging liberal yugn interpretation..
• Property found out by National Historial COmmission that a property is the
birth place of the INC. Papatayo daw sila ng shrine for Felix Manalos a birth
place niya. Is it for public use? SC: Yes. Manosca vs. CA - If this is the
birthplac eof the founder of the INc and the shrine of that man will be put
there at that property that is public use becausee the shrine would
commemorate the contributions of Manalo to Philippine civilization. sIf the
State or LGU will take your property In ordder for the property to be used
for constructing a road from subdivision to the nearest highway, hindi
pwede that is not intended for public use Brgy. Singalan. That is intended for
the use of residents of a particular subdivision. That is private use. SO it is

Page 28 of 33
illegal use of public funds. Like what happened in Pascual vs. Secretary of
Public workds - it is the duty of the devleoper to put up or construct a road in
the subdivision not the GOvernment becausee it is not intended for public
use
• Jose Yllanes Escoda. THe palce where she was borna nd the shrine where it
was located. at the time it was acquired, it belonged to Atty. Prado.
• Gorbo case? The proeprty was originally intended and actually evoted to
public use. Yung airport sa Cebu but later on it was transferred to Mactan
there was prior agreement between the RP and Mactan Cebu International
Authority that if ever the estate is abandoned for public use you can
reacquire the property. SO when it was no longer devoted to public use
becausee the airort was transferred, original owners wanted it back. P100.00
per square meter original. tapos the moemnt you want it back P1,000.00
pesos na how much should you buy it? SC: Original owner. What was paid
to him before should be the same amount. 100 pesos tapos with interest!.
Pirinciple that you cannot get the incremental value of your property.
Property as taken by the RP for public use but no payment of just
compensation. It took time before judgment was rendered. FOr example, it
took up to 55 years. If the property was taken from you and today the
decision will be rendered in order for you to pay. the price you have to pay is
at the time. (Case nakabaliktaran nung una_ You cannot have incermental
value of property. You can only get what you lost. You cannot get the
incremental value of the proeprty if you are the owner. If the state will resold
to you it must be in the amount you bought it.
• Lozada. - the state holds the property in trust for the owner. They take the
property for public use it is TRUST. if not for public use, you can demand it
back becausee ter eis obligation on the part of the RP to devote it for public
use. If the propertyis taken from you in order for \
• Who odetermiens the just compensation? By the court. It Is aspect of due
process. It cannot be by the congress. It cannot be by anbody EXEPT in the
case of COmprehensive Agrarian Reform law if youre property Is covered
voluntarily or involluntary it is the Bank who determines. The person who
offers the value is the DAR. Determination by the DAR is mere _ if you
cannot agree go to court and there will be compliance with the requiremen
tof due process.
• Monotoc estate case - there was expropriation of that property by the RP. THe
problem is, sabi sa Decree, Monotoc property in Metro Manila is hereby
expropriated that if ever the assessed value. If the market value is 100 and
the assessed value is 10 pesos whichhever is lower. SC: Hindi pwede yun. It
cannot be determined by the Congress becausee the congress during that
time (Martial Law) was President. It should be determined by the court.
Nung dumating yung CARP, the determination is on the Landbank as
offered by the DAR and if there is no agreement punta ka sa court that is
notice
• Determiantion of reckoning point - at the time of taking there must be
permanence. THere must be entrace and that entrance must be with color of
title. It must have to be permanent in nature. There Is decla
• Republic s. Vda de Castelvi. Di pa bayad patay na si Castelvi . There was a

Page 29 of 33
contract of lease between you and the Republic of the Philippines. There was
a lease contract for the construction. Late on a petition for expropriation was
filed tha tin the 1960s there was petition for expropriation. THe offer of the
RP was at the time when they entered into a contract of lease on 1930.
Recookining point is at the time you filed a coplaint for expropriation of the
said property.
• PPag di ka pwede magplant ng certain plants you are In effect depried of your
property so just compensation is required.
• The due process Is that ht ecourt determines the just c ompensation
• In one case, reviewable bonds ang inooffer as ust compensation. Ex. Property
is 2000 hectares like what happened In the property is Cojuangco. In the
case of Small landowners vs. Lico, ang inooffer was not in an amoun tof
money but was a redeemable bonds. Money must not be offered to you
immediately Redeemable bonds bla bal pursuant of law. SC: CARP is an
exceptional circumsntace of expropriation becausee the State will be
expropriating not only 1,000 hectares but millions of hectares of lands.
Magkano yung Initial? THe Initial exprpriation was not even in the hands of
the PHilippines at the time of enactment of law ang Initial appropriation was
50B. San mangagaling yun? sa taxes?Implementation of project is subject to
availbaility of Funds. THis is not an ordinary exercise of power of eminent
domain but it Is Revolutionary exercise of power of eminent doamain the
amont of money of 50 B is not even ifn the hands of the RP. In order to
fiance the implementation of CARP, gusto nila Ibenta yung property sa
Roponggi property whichh was gien to us by theh Japan as reparation.
Laurel V. Garcia SC: the congress has to operform a positive act of
reclassifying th e proeprty otherwise, that remains a property intended for
public use an dpublic purpose that Is inalienable in character. So it is a
revolutionary form of expropriation. Intiial determination lang yung
Landbank that if you agree,t hat is good may due process. if you do not
agree go to court.
• Suppose your property was taken for public use there was entrance whichh
was permanent. THey deprived you totally of the use of the property. Tapos
may ginawang highway pagkagising mo sa property mo. You went to court
and filed an action to recoer the compensation. RP said you cannot sue me
without consent. YOu slept on your right for so many oyears and the action
is deeme dto have prescribed. Pag inverse expropiation (they took your
property without payment of just compensation and you are now the one
demanding to collect the value of the property so It is the owner of the
propperty who files to collect) so this inverse expropriation does NOT
prescribe and the RP cannot invoke immunity from suit. In the case of RP
vs. Santiago where there was donation of property to RP for a particular
purpose and the RP did not devote it for theat public use so It violated a
condition in the donation but the donor went to court to recover the said
property the rP invoked Immunity from suit sabi ng SC dito, the State must
not be the aggressor of the rights of the people but must be its protector so
this is the justification din in inverse expropriation. The state cannot invoke
immunity from suit. What is that ;aw tjat [rpjonots the ossiamce? National
infrastructure projects that are being constructed and you go to court for the
issuance of injunction and temporary restraining order Baptis corp: SC: the

Page 30 of 33
purpose of law prohibiting issuance of court of that injunctive relief is to
hasten the completion of these infrastructure projects of the RP.
• Taking Is In the constitutional sense is tha ther eis DEPRIVATION so from
there, a just compensation Is to be computed but if the taking is not in the
permanent sense like In case of Vda. Castelvi , there is no color fo title.
Taking is not there but the compensation is when you will file an
expropriation of proceedings but remember it Is the legilsative department
that is the repositor of the power of eminent domain It may be delegated to
the LGU and there Is continuing delegation to the President. What is the
rule? Congrerss Is the repository of power of eminent domain
3. TAXATION
• Propery exempt from taxation: Educational institution, ADE, for as long as the
property is directly devoted for charitable. Lung Center case, may malaking
property Some of the properties of the lung center were property dating
nagbebenta ng halaman. Manila Bank. pinaparenta SC: It is a taxable
property of lung center becausee that property must be ADE devoted for
charitable purposes..
• Church tapos yung pariimahilig magtanim. It is incidental to his religious
purpose so it is not taxable. Abra COllege vs. Fernando - Pag may
bumibisita coming from Manila dun natutulog sa Abra COllege. SC: the
room is merely incnidental to the main purpose of the building it Is not
taxable in nature. If ever there is tax exemption,t hen how will you interpret
that? Liberally in favor of the state and strictly against th eperson.
May alien own land in the Philippines?
Generally, cannot but pwede in cases of succession (INTESTATE)
Dual citizens enjoy the same rights as those of theFilipinos. If you are a former
Natural born filipino citizen,
FORMER NATURAL BORN
URBAN - 3 hectares you can own??X, a chinese, became a naturalized filipino,
went to the US became a anaturalized american citizen, he is now in the
PHilippines and would like to ask you whether to own lands in the philippines. It is
not applicable in this case. Public policy Is that land in th PHilippines must be
reserved for the FIlipinos execpt those Instances provided by law. Stone vs.
Cattleya where there was a woman FIlipino married to a foreigner. As usual, pag
bumili ung foreigner ng proeprty nakapangalan sa asawang Filipina. So it is
registered under the name of the wife. SUppose the Filpina will tell to that
foreigner, ibalik mo sakin yung property ko. IF there is litigation, mananalo yung
Filipino kasi you cannot prove that as your property. di pwedeng conjga. Chinese
nagadopt ng anak, bumili si chinese ng proepry at niregister sa anak. May
inejectment case agains tadoptive mother. SC: No matter how se sympathaize with
you, you are still a foreigner. In fact in the case of stone the SC said that there can
be recovery of proeprty by republic of the philippiens through petition for
reversion in facct the foreigner admitted that It was through his resources that the
proeprty was bought. This is one of the Instances where escheat can be filed.
Public utilities - 60-40% in order to prevent the possibility of foreigners controlling
the philipppines becausee public utilities would affect our national security. Capital
means "voting shares' but if the preferred shares are also voting shares Isasama
yun. THat is intended to secure our country becausee if there is control by

Page 31 of 33
foreigners of our public utilities you could just imagine kunwari PLDT, Smart,
GLobe kontrolado ng foreigners all these means of comunication would refer to
our national secutirty. Sale of 51% of stocks of Manila Hotel Corporation. When
the government was trying to privatize.Pag bukas ng bid, malaysian bidder. Bid mo
per share ay 10k. All you have to do is In the case of Prince Hotel vs. GSIS
SC;upheld the decision of the auctioner the GSIS becausee of the Filipino FIrst
police that if a state is sellig npart of its patrimony. MAnila hotel is part of our
treasures. The filipino shall be given the first opportunity before anybody else.
ACADEMIC FREEDOM
If ever you obtain Latin honor with the use of fraud, can the school that granted
you honor recall the honor that was meant to you? Yes becausee of academic
freedom
Example: Student kmuha ng coerce. there were 7 subjects. School did not readmit
the student in the following semester and filed a petition in court seeking to compel
. How can we readmit that student? 7 yung subjects and pianasa lang PE at ROTC.
ADMINISTRATIVE LAW
- RUle making power. Tapos Doctrine of exhaustion opursuant ot doctrine of
primary jurisdiction. Agency of government has jusrisdiction first before you go to
court. You exhaust that remedy first . After that, if anything happens, you can go to
the RTC. But you cannot go directly to the RTC for the change of nae for the first
time becaue remember the courts, the committeee will not decide that partciular
case. Th epromulgation o rules Is one of the exception or principal… The
administrative agency cannot determine what the law is becausee whatever is the
law and whatever is the rule or regulation that implements that must be In
accordance with the intentment of the congress. Man and woman two children
weree born were not married pero IC the father reognized the two children so the
fathr wanted theh 2 IC to use the surname of the father .Ito yung case about "shall.
if patently ilegal di mo na kailangan iexhaust yung adinistrative remedies, if issue
is purely Illegal, if there is lack or excess of authority. go to court immediately
ecause these are someo f the exceptions of exhaustion of administrative remedies.
power sof the Local government units.
How many times can you be elected as mayor, etc.?

3 term limit.
Mr. A has been a mayor for 4 terms. The territory was converted into city.
Lonzanida vs COMELEC
There was failure of electio.
Ong vs. Alegre Inspite of decision of COEMLEC tinuloy mo hanggang last e. if
there was fullt erm even if there was failure of election then . Sa lonzanida e hindi
tinuloy.

Page 32 of 33
Serving for 3rd ter but you were suspended .. MR. a proclaimed
Transcribed by Narvasa, J.

Page 33 of 33

Political Law Part 1 Albano

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POLITICAL LAW APRIL 8, 2018

AMENDMENTS TO THE CONSTITUTION

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https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

INHIBITIONS OF THE CABINETS

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

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https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

Montenegor vs. Castaneda

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

Police power can be exercised in the exercise of the Martial Law.

FOREIGN RELATIONS POWER

Doctrine of Operative Act

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

DOUBLE JEOPARDY: If a person issues a check he may be charged with BP

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

3 INHERENT POWERS OF THE GOVERNMENT

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https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

power sof the Local government units.

How many times can you be elected as mayor, etc.?

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

https://cdn.fbsbx.com/v/t59.2708-21/39878520_3227954684…oh=7af7fd9cf11a9636a2d02a2710e1f7f2&oe=5BA7F557&dl=1 22/09/2018, 12H08 AM

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