SAN BEDA UNIVERSITY 1) COLLEGE OF LAW Sy Centralized Bar Operations BEDANS = RED “Ea, BOOK ‘WJ POLITICAL AND INTERNATIONAL LAW LABOR LAW AND SOCIAL LEGISLATION CIVIL LAW TAXATION LAW ‘A Reviewer based on the 2019 Supreme Court Bar Exam Syllabus Volume 1 series of 2019SAN BEDA LAW CENTRALIZED BAR OPERATIONS 200) EXECUTIVE COMMITTEE = Jhelsea Louise B. Dimaano Daniel Philip V. Barnachea Ma. Angelica B. De Leon ‘Arra Olmaya J. Badangan | Subject Chat for Political Law | ‘Subject Chair for Labor Law ‘Subject Chair for Civil Law Subject Chair for Taxation Lae Cherish Kim B. Ferrer Keistina D. Cabugao ‘Ma. Cristina D. Arroyo ‘Marla Carissa C. Guinto ‘Subject Chair for Remedial Law ‘Subject Char for Legal Ethics ~ LAYOUT AND CONTENT EDITORS © 5) Roger P. Cuaresma Gabrielle Anne S, Endona Joelle Mae J. Garcia Micah Regina A. Gonzales ‘Marie Anna Karla M. Regencia “SAN/BEDA COLLEGE OF LAWADM Ma. Lourdes M. Santos Legal Aid Bureau Director Atty. Peter Joey B. Usita In 2011, the Bedan Red Book (BRB) was crafted as an apt response to the Bar Examination Syllabus released by the Supreme Court, complementing significantly the other bar review materials in the repository of the San Beda Centralized Bar Operations. ‘Now on its NINTH EDITION (9TH ed), the BRB is tailor fit for the 2019 Bar Examination as to include the latest law and jurisprudence covered by the syllabus. [Being comprehensive yet concise, it serves as a handy tool for the reader's bar With this issue, the San Beda Law Centralized Bar Operations seeks to uphold its legacy of service and excellence in helping the examinees achieve their goal of becoming worthy members of the leg profession. UT IN OMNIBUS GLORIFICETUR DEUS SAN BEDA LAW CENTRALIZED BAR OPERATIONS GUMILAP - RARE Ss. THIS IS THE INTELLECTUAL PROPERTY OF THE SAN BEDA UNIVERSITY COLLEGE OF LAW CENTRALIZED BAR OPERATIONS. THE UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF ANY OF THE CONTENTS OF THIS BOOK IS STRICTLY PROHIBITED.Paine ieee 30 TABLE OF CONTENTS Judicial Department Constitutional Commissions |. Blof Righis XIl, National Economy and Patrimony ... XII, Social Justice and Human Rights... “XIV. Education, Science, Technology, Ate, Cure and Sports XV. The Family XVI. Amendments or Revisions of The XVI. Public International Law... 503 National Taxation Local Texation /. Judicial Remedies Bibliography... 374 com 389) 553 613 646 651 675 nnn 687 708 2(CHERISH KIM B. FERRER Subject Chair CHARLOTTE VINA S. CASINILLO “Assistant Subject Chair ROEN G. MECANO ‘Subject Blectronie Data Processing. ‘SUBJECT HEADS Constitution Law (CHRISTIAN S. TADURAN Constitution Lew PATRICK RAY B. BALIST Administrative La LEONORE MAE P. DEGOLLAD‘ Law on Publie Corporat LEONORE MAE P. DEGOLLADO Election Le VOLTAIRE P. SOMERA Law on Public Officers VOLTAIRE P. SOMERA ‘Public Intemational La GERANID. MALJAN ‘AARON FRANZ SP. AURELIO REGINA PURITA B.LAVARIAS FRANCIS ARTHUR A. CORPUZ. JAIME NIKOLAL K, PAGGAO ~—SMARIAKATRINAL DATUIN ‘MARIA YSABELLA B. PALAMOS JOHN LORENCE N. DE MESA [KRISTINE JOANNE T. SAGMOM ‘MARIA FRICA L. DELA CRUZ ELAINE ROSE S. TAN FRANCES CAMILLE A. FRANCISCO |MAYRELLT. TAN FERDINAND ELBERT D. JOMILLA JR. ADVISERS ‘Atty. ADONIS V. GABRIEL Atty. ROWELL D.ILAGAN (Comm. RENE V. SARMIENTO ‘Atty. ANTONIO EDUARDO $. NACHURA, JR.Pay Neues Se POLITICAL AND INTERNATIONAL LAW 1. PRELIMINARY PROVISIONS AND BASIC CONCEPTS: Peep. ih — ss named jae a ae y nso’ A Conprohenshe Revowe 07). rater BERNAS,Pigere Constiution Reviewer). : By entering into UNCLOS, and by enacting the baseline law, did the Philippines lose teritory? (article 56) “August 18, |B. DECLARATION OF PRINCIPLES AND STATE POLICES 'Q: What is the function of the “Declaration of Principles and State Policies” in the = = =) =| < = = = fo} o amity, with al nations” BY te doctrine scoapted principles of international ly pat of our mitary (CONST. Ar. l, Sec. the people and all government authonty emanates from them” (CONST., Art \'Paes 3 : Are members of the Armed Forces of the Philippines (AFP), triable by regular courts? [ANS: Yes, Section 1 of RA. No. 7055 lays down the general ru SETEN : State enjoys no banquet of options (Iglesia nl Cristo v. Court of Appeals, G.R. No, 119673, July 26, 1996). (Please refer tothe discussion on Freedom of Religion under Constitutional Law 2). @: Discuss the State's Independent foreign policy and freedom from nuclear ‘marked antipathy in the Consblution towards feign miltary presence inthe country, or 4 isthe policy ofthe State on human rights? Siegen Pea of human person and guarantees Scr and sens the ore Son is rendered infective ihe goverment doos not afer protein to these Soke ovectely won bey are unde? threat (Rezon v. Tags, GR. No. 182486, Become 3, 2003) ‘bigation to preser be too far when all else would be lost not only for the 5= = = = 4 = = a is) a epartment but are assigned to or shared by sever 197). [t's often necessary for certain powers to be ‘hey may Beller collaborate with and, public oe (CRUZ, Philippine Poltcal Law, supra at 135) ESTATEIMMUNTY an €@: Discuss the principle of be dvded to hoped, would ‘the elizonry ey apts of autonomy and @: When is there a violation of separation of powers? ‘ANS: Broadly speaking, there ls @ volaion ofthe separation of powers principle when ‘one branch of goverment unduly encroaches on the domain of another, US Supreme ‘Court decisions instruct thatthe principle of separation of powers may be violated in Wo ‘2gainst the ‘appropriation of the amount necessary to pay the damages awarded (Ceparment of Heath v. Phil Pharmawoalth, GR. No. 169304, March 13, ‘ | : ‘Ochoa, sup)‘Communications v. Spouses Abecina, G.R. No. 206484, June 29, 2016). : How may the State give its express consent to be sued? rendered, since goverment funds and fexeoution or gamishment to satisfy such judgments. Disbursements of public funds ‘must be covered by the coresponcing appropriation 2s required by law (Republic v Vilasor, G.R. No. L-80671, November 28,1972). @: Do government-owned oF -controlled corporations also enjoy the Immunity of the State from suit? ANS: No. A government owned and controled corporation has a personality ofits own, ‘tine and separate from that of the Goverament (Rayo v. Court of Firs Instance of Bulacan, G.R. No. L-85273-88, December 19, 1981). PIR, G.R. No. L-49930, August 7, 1985). BEDAN RED BOOK #4 4 Discuss the scope of legislative power. ANS: Leia power se power © propoee, ena, aman, end epee! sae Representatives, except to the extent reserved to the people by the provisions on inilative and referendum (CONST., Art VI, Sec) : What are te limitations of legislative power? Commentary on 1967 Philppine Consiluton, supra at 673). ui POLITICAL LAW[No law impatring the obligation of contracts sh ‘See. 10). 'No ex post facto law or il of attaindor shall be enacted (CONST, At No law granting a tte of royalty oc nobilty shall be enacted (CONST., Art. VI See. 31), : What are the proced House of Representatives, but the Senate may propose or concur with ‘amendments (CONST., Art V, Sec. 24), ‘Poincole of Non-Delegabiiy: Exceptions ‘@: What Is the rule on delegation of powers? ee Tie general rule ie potestas delegate non delegari potest (power delegated ‘cannot further be delegated) ‘Gosttutes not only 2 eight frtumantaiy of is own j (NACHURA, supra at 1 {: When is delegation of powers permi Jelagation in the folowing cases: (PETAL) eople at iarge, examples are! ndum (CONST., Ar. VI, Sec. 32 and The VaR st 35 years of age on the day ofthe election: to Read And Write: less than 2 years immediately preceding the Vi See. 3) tbe six (6) years and shall commence,‘Stora partes. or organizations, or coalitions thereat, repisiored wh the COMELEC (RA No. 7941, Sec. 3). BEDAN RED BOOK BEDAN RED BOOK ES somes nts 3 Cee ccna A ae 5 a ce Hom? Se I ase of sgnko mga ve reweetupmammeggony | she meri tees reer cgi mgs ws ro} 2 : What is the purpose of the Partysist System? ANS: The purpose of the Party.ist Sy option, regularly nominal ates jonal partes or organizations do not nd 80 not need to represent any either be one who: 2, Represents the “marginalized and underrepresonted” oF igenous cultural 5. A majorty ofthe members of sectoral par the ‘marginalized and undbrated for party seat for every four BEDAN RED BOOK a: What is the effect of a change in affiliation of any elected party-ist representative? Pea for nomination as party-et representative under his new party or organization (RA No, 7941, Sec. 15). at isthe rule on vacancies in the seats of partyist representatives? ‘cee of vacancy inthe seats reserved for partjist representatives, the vacancy 2M be automaticaly filed by the next representative from the st of nominees in the Steer submitted to the COMELEC by the same party organization, or coalfon, who hal serve for the unexpired te ion coneemed shall submit Sything to th that purpose shoul | ‘omineeirepresertatve wo sits as @momber of Party List v. COMELEC, G.R. No. 199256, Merch 22,2011), ay the party list organization remove its representative in HOR and substitute wl, ether through an election protest or quo (CONST. Aa. Vi, Sec. 17). EF < Sy =| = i= = fe} aC PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS @: What are the rules on compensations of Senators and Members of HOR? on, agency, of instrumentally uring his torn without fortating ‘of legislative dies, or is held by them in an ex officio capac. 2. Forbidden Office ~ Neither shall he be appointed to any office which may hhave been created of whose emoluments had been Inctoased during the term for which he was elected (CONST., Art. VI, Sac. 13) «a: What are the parliamentary prohibitions imposed upon Members of Congress? ‘and Members of HOR shall NOT: iy appesr at counsel before ary court of justice, or before the other administrative bocies. cludes signing cf pleadings, but ces not include No, 81122, March 25, ‘ranch rivloge granted imentaty thereof, ncuding any GOCC, or is subsidiary, suring 3, Inlomene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on aocount of his office (CONST., Art VI, Sec. 14) @: May @ member of Congress who -h ‘warded a franchise during his between him and the Corpor financial interest? ‘member shall not D.DISCIPLINE OF MEMBERS 1g Members of Congress? The rules of ts proceedings, punish its Members for and printed copies thereat in ir POLITICAL LAW.BEDAN RED BOOK ‘mean thatthe introduction by the Bicarner modifications to disagreeing provisions uses of Congress Is prohibited (Abakads "188056, 168207, 168461, 168463 & 168730, Septembor 1, 2008). FRoviewor, supra at 238). {: What isthe diffrence between “majority ofall the members of the House” and “majority o ANS: There is a difference between a majority of al the members ofthe House” and a the lator requiring less number than the fst. Therefore, an jection of the Stat. = 4 5) a Ka = = a fe} iBEDAN RED BOOK Note: The same principle may be applied for the determination of quorum in the House (of Representatives. {Q: How many votes constitute a “majority of ALL members”? ANS: This refers to an “Absolute Major” which requires the majority of all electors regardless of the number of mombers present or absent during the fime a question Is put toa vote, provided a quorum exists. For example, even if only 23 Senators are present at the vote, an absolute majority ‘would require the concurrence of at least 13 senators or (24/2)+1. For the HOR, the hhumber would be 126 which i (250/2}+1. than half the electors that are wihin the coercive jursdicion of the House, provided there is 3 quorum, @: Whats an appropriation law? ‘ANS: A statute the primary and specie purpose of which isto authorize the release of, provide exo non the power to appropriate, to wit (BERNAS, Commentary on 1987 Constitution, supra at 777} 2 ‘The Congress may not increase the approptistions recommended by the Preaint forte cpraon of te, Goverment as spected Ine budet he budget prepared by the fon the power of the Congress to appropriate GR No, L-10405, December 29, 1960). requisites ofa valid transfer of appropriations? respective appropriations (CONST., Art. VI, Sec. 25(5). Note: The fst of those who maybe authorized to transfer funds under the above provision is exclusive (BERNAS, Commentary on 1987 Philpine Constitution, supra at 780). Hence, neither the Chief of Staff of the Armed a Es Eq 3 = ra es = zi fe) iEsha ioe) ae A 12} Py A 5t 5 1010), dividual members of the Congress may not be given such ‘authority (Philppine Constitsion Association v. Enriquez, supra) : What s a “pork bar ANS: Pork barol Ie "an appropriation of government spending meant for jocaized projects and secured solely or primariy to bring money to a representatives district” fArailo v. Aquino Il, G.R. Nos. 209287, 209136, 200136, 209185, 209164, 209260, 1209442, 209517 & 209560, July 1, 2014). Q: What is Pork Barrol System? ‘ANS: The Court defines the Pork Barrel System as the collective body of rules and practices that govern the manner by which lump-sum, discretionary funds, primarily Intendes fons. of the necessary to the exercise of @ power legislate, orto expel a Member" (Amauttv. Nazarono, G.R. No. L-3820, July ‘1. “Power to conduct Inquity In aid of legisiaton in accordance with its duly published rules of procedure: 2. Power to fseue summons and notogs in connection with mattrs subject of Investigation or inquiry, 3, Power to punish or declare @ person in contempt during or in the course of 4 teal tigation: and ‘The power to determine the rules of its proceedings (Amautt v. Nazareno, sup). Q: What are the limitations on the power of legislative Investigation of the ANS: The folowing are the limitations of said power: “1. Itmust be ina of ogislation 2 2. In accordance with duly published rules of procedures; and 5. The rights of persons appearing in or allected by such Inquty shall be respected (CONST, Art. VI, Se. 21. How often should the rules of procedure in the conduct of legislative inquiry ‘SSmpesion of the Senate also chenges by the ond of each term. Each Senate may {Gus enact a diferent set of los as it may deer “The requisite of publication ofthe rues is intended to satisfy the basic requirements of ‘oe provess (Garcilano v. House of Representatives Committees on Pubic information, GR Nos. 170888 & 179275, December 2 200 Section 21, Article VI House of Representat {aid of legislation in car bore and porments. Wi question hour, the ‘versight function’ (Senate v. Emits, G.R. No. 169777, Apri 20, 2006). ‘aid of legielation (See. 21) and Its oversight function (Sec. 2) ANS: The following are the differences between the two powers of the Congress: Ente body = = =) zy ra 2 = Si fe} a‘Any. matter for the purpose of | Maltos related to the department only leaistaton | any member thoroot bo calendared for consideration by the House within 10 session days from receipt thereof. 4 4. Avote of at least 2/3 of the Members of the House shall be necessary jorable resoltion with the Arties of Impsachment 3 evertide ts contrary resolution. The vote of each atthe componon of he estore Thun? Eloctoral Tr ine (9) Members, th louse of Representatives Electoral Tribunal (HRET) acquire jon cases? ‘candidate has been duly prociaimed, taken his osth, and ‘ether collectively oF Rule Il (Membersh Commission on Elections, G.R. No. 207264 (Resolution), June 25, 2013) or before the Senate President with respect fo Senator. Vanevat are the appsininats tat do not eeed confimalen fom the non Appointments? following are the eppoiniments that do not need confirmation from the : Discuss the rules on reconsideration of resolution of the Commission. intment_ may be the majority oF the ing side presented to the Chairman not later than one (1) day ater the approval for reconsideration be taken up on the next motion for reconsideration. ar = Ea =) 5 Ka = = si fe} a‘A motion to reconsider, however, Is notin order if fled during the last plenary session of the Commission prior to en adjournment of Congress (Rules of the Commission on ‘Appointments, Ch. IV, Soc. 18) : What are the rules on mesting of the Commission? ‘ANS: The Commission Chairman o @: What is ‘ANS: Any member may move forthe suspension of action by the Commission on any 4. Initiative ‘on the Constitution ~ peition proposing amendments to the tution; 2. Initiative on Statutes — peton proposing to enact a national legislation; and 3. Initiative ‘on Local Legislation — peton proposing to enact 2 regional, provincial, cty, municipal, or barangay law, resolution or ordinance (RA. No. 6735, Sec. 3 (8) enacted bythe Sanggunian (LGC, See. 126) 2 |A QUALIFICATIONS, ELECTION, AND TERM OF THE PRESIDENT AND VICE~ ‘PRESIDENT ‘a: What ae the qualifications required of the President and Vice President? the following qualifications to be elected President or Vico 3. Ableto A Reset ofthe Philipines for a poriod of atleast ten (10) years immediatly precoding the day ofthe election (CONST, Art. Vl, Sec. 2). : How long is the term of office of the President and Vice President? "The Prosident and the Vice-Presicent hall be elected by direct vole of the people let (30) day of June ‘the same date six (6) on who has succeeded as [No Vice-President shall serve for mote than two (2) consecutve terms. Voluntary ‘enunciation ofthe offie fo any length of time shall not be considered as an interruption inthe continuty of the service forthe full term for which he was elected (CONST., Art Vi, See. 4) ‘and high-level executive branch officials. to grees tho cours, and ultimately, the publict (Sonate v. Ermita, supa) 2{Q; What isthe extent of President's immunity from suit? ident. ike the judges of he courts and the members of the Legisature, famages for the consequences of an act : Distinguish executive powor from adm ANS: Executive power pertains be vested inthe President of the Pri of the execute ceparment (CONST, At Vil, Sec. 1). On the other hand, Geministetve power refers to the Presidents contol over all such execuive epartments, bureaus, and offces. He shall ensure that laws aro fllfully executed (CONST, Art. Vi, Purpose of economy or to make bureaucracy more efficient (MEWAP v. Executive Secretary, G.R. No. 160083, July 31, 2007) 30 (@: Discuss the faithful execution clause, ‘ANS: The second sentence of Section 17, Anicle Vil ower” of the President and also resident Ener this proviso ropardiess of his bel Uneonstiztional the President \aldty (CONST, Art. Vi, Secs. 1 & W POLITICAL LAW : What are the classifications of appointments? [ANS: (Ploasoroferto the section of his book on the Law on Public Officers) What are the kinds of presidential appointments? ANS: The folowing ae the kinds of presidential appointments: ‘Regular presidential appointments, with or without confirmation by the inciging “recess” or "ad infin” appointments 3tBEDAN REDBOOK 4 v President alone (CONST, Art. Vil, Sec. 16) Q: Can the President legally appé ‘lowed to invoke the suspension of the consieraon of the eppoiniment i ths fegerd (The New Rules of the Commission on Appointments, supra af Soo. 25) 2 {@: What are midnight appointments? aise atdnight appointments are appointments made by a President within 2 months Arse the next presidental elecions end up tothe end of his term (CONST. Art. Vi 00. 15 the prohibition apply to the appointments made by the President in the 2 of 'No._The prohibition an midnight appointments does not apply to appointees to the vy. cle Vl reer only t0 appointments that Section 15 also applies oly io for judicial postions to the a there would no longer be imdnight appointments to the J ba Bar Councl, GR. No "791002, March 17, 2010). who are appointed by @ Can a law vost thee Ombudsman? ‘ANS: No. To subject the Deputy Ombudsman to discipline and removal by the ‘whose own aller egos and offials in the Executive Department are subject ident with disciplinary authority over a Deputy Constitution guarantees to the Office of the Ombudsman, but inevitably with the prnciple of checks and balances that the creation of an Ombudsman office seeks to Fevitize (Gonzales v. Office ofthe President, G.R. No. 196231, January 26,2014). Ri [cele ale Vee1} PYNN Balle). aay (Carpi v. Exocutive $6. Note: 7 the BEDAN RED BOOK Cofing out power . Discuss the cll President = 4 =) 2 4 = = = fe} a Q: Discuss the power of the President to suspend the privilege of ‘habeas corpus oF to place ‘any part theres peat bal (CONST. Atl Sed 12) sd tuo by npleadon does ot suspend ther cil and potical rights. 5, The suspension ofthe privilege ofthe writ and the declaration of martial law jew and possible revocation by Congress (CONST, 7. Vil, bows the Congross have the power to exand mat iw? has the prerogative t0 extend the martial law and theGan the Congres extn te prociamai the Cons ‘the congressional authoriy {0 extend such 6 textension should be upon the Presicent inatvs, tet it should be grounded on the petsstonce ofthe ivasion or ebelion and the demands of public safety: and that iti Eubject fo the Caurts review ofthe sufficiency of its factual basis upon the pettion of any oizen, ‘Thus, whenever there Is @ deter wasion ot rebelion persis and the suspension ofthe privloge of nt such extension a may De reno Ps secon, ite a Rae and the requirement 10 report fetensions the Presidanfe decision was based on the reports prepared by the diferent Specialized agencies ofthe Executive branch charged with extemal and infernal secur Of the whole country These were the same reports submited to Congress which were ‘elberated on, no maltar how rif the time alloiment was for each ofthe law makers Interplations (Lagman v. Medial, supra). law or of the suspension of the privilege of the wrt of habeas corpus? the 1957 Constuton requires two factual bases forthe ‘wit of habeas corpus: {The invasion of rebelion persists: and 2. Public safely requires the extension (Lagman v. Pimentel Il, supra). BEDAN RED BOOK ‘a: Whats the extent of review by the Congress on the President's martial law and Siapension powers? Nee Congrossional check on the Presidents marta law and suspension powers thus uc coe ne power to review the President's proclamation of mada law or suspension S E = rd = = fe} 4 ‘only data availabe prior fo, bu kewise events superverng the declaration, In adlton, the Court's review power 18 passive; it is only iniiated by th petion "in an appropriate proceeding” by a clizen. On the other hand, Con ‘mechanism is automat in tne sense that it may be activated by Congress ise at any {ime ater the proclamation or suspension was made (Lagman v. Mediidee, supra).BEDAN RED BOOK ident may declare marta aw oF suspend ofthe piviege of the wrt of the prilege of habeas corpus only when there is en invasion or rebelion enc public safety Fhe. Presidents proclamation ‘or suspension shall be for a period not exceeding 60 days Within 48 hours fom the proclamation or suspension, the President must least a majority of atts 2 a 4 5. he Boson sanot sel ase tno Congest rovorton of is procaration 6 aida tis proclamation or suspension He 1 ee-Tiferet in of aitecty connected with ing the suspension of te privioge of the wrt, any person thus ‘detained should bo jusilally charged within three days, otherwise 38 suspension of the priiege of the wit of habeas corpus (Pacila v. Congrass of the Frnlppines, G.R. Nos, 237671 & 231694, July 25, 2077). Executive Clemency (Q; What Is pardon? (ANS! Pardon is an act of grace wich exempts an individual on whom ifs bestowed fom purishment which the law inflets for @ erme he has committed. A pardon is a (eee tor the validity of which delivery is essen, anc delivery isnot complete without ‘Secoptance I'can be refecied (U.S. . Wson, No. 80-1745, March 24, 1992) Note: For amnasties, the grant must be conoued with by 2 majo ofall the Members of Congress (CONST, Art Vl, Sec. 19). What are the classifications of pardon? ure ofa contract between the Chief Executive > pardonee's consent to tho torms sipulated placed himeaif undar the supervision of the 0 is duly bound to see to thal the of the pardon (Torres v. Gonzales, GR. {: What are the imitations to the pardoning power of the President? ANS: The folowing are the limitations to said power: 't can be granted only aller conviction by nal judgment (except amnesty) (CONST, Art VI, Sec. 19) . Hanno! be granted in cases of impeachment (CONST., Art Vil, Sc. 19); It cannot be granted in vilations of election laws ‘without the favorable recommendation of ne COMELEC (CONST,, Art. XC, See. 5): Te-canaat be granted in cases of ‘contempt or ol contempt (CRUZ, lity (CRUZ, Philppine Poltical Law, supra at 445), iteannot restore public ofces forfeited (CRUZ, Phiipine Poltical Law, supra ar 445). = Ea =] = = iS = ° a@: What is amnesty? ANS: Amnesty Is an act of grace by the Present, concurred with by the Legisiature, though he had committed no offense (Bamioquino v. Femandez, G.R. No. L-1278, sanuary 21, 1949) 1: What ao the other forms of executive clemency? 2 flowing nf the Penalty (CRUZ, Philppine ANS: No. No Lealy or international agroement shall be valid and effective unless ‘concurred with by a least 273 of all the Members ofthe Senate (CONST, Art. Vi, Sec. 29, Note: The power to ratily Ie vested Inthe President, subject tothe concurrence of the and governed by lalematonal law, whether embodied in single intrument or in two oF more related Instumenis_and whatever its particular designation" (The Vienna Convention on the Law of Treaties, Ar. 2) fhersnafer VCLT]. An exscutve agreoment is similar to a toaty, except thatthe former does not requle legislative concurrence, Is usualy less formal and deals with a narrower range of subject malters (Bayan Muna v. Romulo, G.R. No, 159618, February t, 2011) 40 Subjects a8 commercial and consular relations, mos favored-nation rights, patent righ, trademark. and copyright protection, postal and. navigaton orrangements. and the setiemert of claims. The vay ofthe: Courts (Bayan Muna v. Romulo, S053) However, te President may not, is profiad by statutes onacted Exocutne Is 10 enforoe peace isnot in ay Eommendersn-het prowson (hfareas ». Manglapus, G.R. No, £8249, Sopiember 15 1988). D.RULES OF SUCCESSION at are the rules of succession ifthe vacancy occurs before the beginning of (Ge. presidential election has not Been held oF non-complotion ofthe canvass of the presidental elections), the Vice President shall act as the President uni the president shall ave been chosen ‘and quali: oF, 3, Inease no President and Vice-President shi L “ S < ae = cf 2 = S| 9 aBEDAN REDBOOK J") evil ty on i ayer, vt ct social tte ar aor ae rte etary eet pete eeciermaee Speman ied OLE va Seer 5 ie : What are the rules of succession ifthe vacancy occurs during the incumbency ‘of the President? 'ANS: Tha following los must be observed in such case: ‘In case of death, permanent cisabilly, removal from office, or resignation of the President, the Vice-Presisent shall become President to serve the .cuss the concept of Judit @: Dis ANS: Judicial powor includes ‘Ancestral Domain, spr). Paltical Question Dactrine €: Discuss the political question doctrine. ‘arbitrary or despotic ‘arbiter, or capricious exercise of power ‘abuse of diseation must be patont and gross (Reyes v. Commission on Elections, G.R. No, 207264 (Resolution), une 25, 2013) lack oF excess of Jurisdiction on the part of any branch or instumentaty of the fone court single, unary, complet, and supreme. Flowing from ths isthe fact that, Sovernment. a a = = = a < 2 = 3 fo} is‘Moot Questions : Discuss the concept of moo ANS: A moot and academic case Is one that cases to prosent a justlable controversy by vue of supervening evens, so that a declaration thereon woukd be of no practical tse of value (Deutsche Bank AG v. Court of Appeals, G.R. No. 193065, February 27, 3012), The moot and acadensc principle however Is not a magical formula that can ‘automaticaly csuade the cours fom resolving a case. Cours will decide cases, (GECR) Soparumont (Ropublov. Sore, GI. No 207428 hay 11, 2018) ‘The SC cannot be deprived of is consiuonally-confered original and appellate jureciction except trough canstttional amendment The SC’s appelatejursdicion may not be increased without Rs advice or concurrence (CONST., Art VI, Sec. 20) ‘Tho SC has adinisatve supervision overall inferior courts and personnel ludgesfusties of inferior courts: 5 tenure (CONST, Art. Vil, Soc. 2 ge peig pana v. Lotrigo, G.R No. 226678, August 15, 4 12, $C alone may 48. SC can appont Sec. 5(); NACHURA, supra at 310-311) ‘udiialond Bar Councit Composition (0: What is the composition of the Judicial and Bar Council (JBC)? ‘AS; The JC coon of Chief Justice as ax officio Chaimman, tothe JBC (Vllenueva v. JBC, G.R. No. 211833, Api 7, 2018) 3: What positions require the screening and nomination by the JBC? ‘ANS: The positions that require the screening and nomination by the JBC are the slustces of the Supreme Court, Court of Appeals, Court of Tax Appeals, and the ‘Sandiganbayan, the judges of the lower courts (CONST, Art. Vil, See. 8) and the ‘Ombudsman and is depules (CONST., At XI, Soc. 9). 1: Does the Supreme Court have supervisory power over the JBC? 'ANS: Yes, The supervisory author ofthe Court over the JBC covers the oversecing of the power of oversight, or the authorily to soe that Subordinate offcers perform their dues. It ensures that ‘governing the conduct of @ goverment ently are observed and compliod with ‘of exciton ofthe act the rules ae folowed Ie'has.no dlsereion on this matter except to see 10 (Uardateza v. Sereno, GR. No. 213181, August 19, 2014) 45 5 Ed S| 3 Rs = =| 9} a(D. QUALIFICATIONS OF MEMBERS OF THE JUDICIARY : What are the qualifications for Chief Justice and Associate Justices of the oe we bone 1 Philippines ‘the practice Inthe Prippines te the practice an 18 Independence 46 Note: Any vacancy in the Supreme Court shi Saye rom the oczutrence theot (CONST, Ar | WORKINGS OF THE SUPREME COURT ‘En Bancand Division Cases how the Supreme Court decides cases en banc. Sus: al declsions and actions in Court en banc cases shall be made up upon the WARP be obtained (Fortch v. Corona, G.R. No. 131457, August 19, 199).32 limitations to the rule-making power of the SC? ANS: The following are the imitations imposed by law on tie rule-making power ofthe courts in the same grade; and ease, or modily substantive rights (CONST, penalty imposed in elation thereto; «e {: Discuss the formal requirem on shal be rend A. COMMON PROVISIONS {Q: What are the independent constitutional commissions under the law? ‘are the independent consttutonal commissions: vice Commission (CSC): ission on Elacions (COMELEC); and mn Ard (COA) (CONST, Art XA, Sec. 1). (@ What are the prohibitions and inhibitions imposed upon members of a 494. Be financial franchise or agencies, o Ant A, Sec: 2) ‘the Government, any ofits subdvisions, lading GOCCs or ther subsidiaries (CONST. 4: Discuss the procedural rule-making powor of the Constitutional Commissions fen bane may promulgate its own rules concerning pleadings Q: What is the scope of the grant of fiscal autonomy on Constitutional Commissions? ANS: The Constitutional Commissions are entited to automatic and regular release of funds (CONST. IXA, Soc.) The "no rport no lease” pal of te Commission ae eee @: How should casés tt be deci Commissions? [ANS Each Con “To instutonalize a management cmate conducive to public accountability (CONST, Art 168, Sec {: What ae the functions and powers of the COMELEC? ‘exeeutory and unappealable, BEDAN RED BOOK rs vestigate and, whore eppropiat, prosecute {pees of woltons of election laws gress elective measures fo minimize election spending paces where propaganda raters shal be poste, snd toms of secon eter ‘mpracioes ‘endure of public funds (CONST, ing expenditures of funds pertaining ‘whather there i a law appropriating (C COMPOSITION AND QUALIFICATIONS OF MEMBERS stration; and ‘any dlectve postion in the elections immeciately preceding ther appointment (CONST, Art. X-B, Sec. 1) 5 S| < 5 =| 4 s = = ce) oBEDAN RED BOOK 1G: What is the composition of the COMELEC and the qualifistions of its mombers? ‘ANS: There shall be 2 C y sion of Elections composed of a Chairman and six (6) "1 Natura-bom eizens ofthe Philippines; 2. Alea thirty-five (35) years of age, atthe ime oftheir appointment; 3. Holders of a College degree: and 4 Mast not have been Candidate for any elective postion in the immediatly preceding electons. Note: A majonty of the COMELEG, including the Chairman, shall be Members ofthe Phiippine Bar who have been engaged in the practice of lw for atleast ten (10) years (CONST, Art KC, Sec 1 {: Whats the composition ofthe COA and the qualifications of its members? composed of a Chairman and two (2) yur. Tho vis sought to be avoided by the bin prokstons are very speciio — Feappointment of any kind and exceeding one's term in offce beyond the maximum period of seven years. “To repeat there fs no doubt whatsoever thatthe prohibition In Section 4 (2) of Article De 1D apples to “any reappointment of any kind,” including promotional appointments from ‘Commissioner to Chairman. “To sum up, the Court restates ts ruling on Sec. 1 (2), Aa. 1X (0) ofthe Constitution: “Tha appointment of members of any ofthe tee constutional commissions, ater the expiration of the uneven terns of ofce of the fist set of rotational system proscribed by the Constiut 82 E REVIEW OF FINAL ORDERS, RESOLUTIONS, AND DECISIONS 1: How may the judgments or final orders of constitutional bodies be reviewed? ANS? Judgments or final orders ofthe Cll Service Commission may be appealed tothe CCourt of Appeals within 18 days from nolice thereat (RULES OF COURT, Rule 43, Sec. 0. Judgments and final orders or resolutions of the Commission on Elections and the ‘Commission an Aust may be brought by the aggrieved party to the Supreme Court on = Eq 3) = 4 = = fe} rs1: Discuss the rules pertaining to the exercise of the COMELEC of its quasi Judicial powers. Jae es CONELEC's exercise of s quastjusicial powers is subject tothe following A FUNDAMENTAL POWERS OF THE STATE ‘Q: What are the inherent powers ofthe state? NS: The inherent powers of the stale are police and te power of tan, They are corideresinnarrt ‘or the power of eminent domain, use they are incidents Sovereignty and do not depend ‘enforces (SUAREZ, supre at 26 ‘moment te Stale comes into mod fy Tmnate aliibutes (CRUZ, Consttutinal Lave (2018) p.60) (hereinafter, CRUZ, 56 Q: What ar the requisites for the valid exercise of police power? 'ANS: The requiilos forthe lawful exercise of police pawor are lawful subject an law means employer Purpose ‘and not unduly oppressive on Products, Inc. v. Fetiphil Corporation, G.R. No. 156278, {@: What isthe nature and basis ofthe power of Eminent Domain? the power of expropriation, eminent domain is described a ety remaining in the government that : What are the requisites for ANS: The requsites for the val {elioning: (NTP™JD) xercise of the power of eminent domain? ot the power of eminent domain are the .aw Caleges In. proportional tions from persons and property, eign fr the support of government anc fora the Stats in order to raise revenues to defray the ‘any public purpose (SUAREZ, Polis! Law, supra at ifebloed tough which the government agancies continue to can only be exercised over subjects within the (ations! Develogmont Company v. CIR, G.R. No, L-53961, June 30, be exercised for a Public purpose (Planters Product, Inc. v. Fertil Corp, G.R. No, 166006, March 14, 2006); 55 ES = =) = Fe a = 3 fe) a12: What does ‘property’ under the due process clause mean? 'ANS: Property fs enytting that e2n come under the right of owership and be the subject of tre contrac, and includes all thinge—real, personal, tangible end intangble— that ee within the commeres of man (CRUZ, Constudonal Lew, supra at 217-272). BEDAN RED BOOK S| =| a = rd Z| = =| 9 4 ¢ minimum requirements of procedural due process in judicial 1 requitemants of procedural due proces in judicial proceedings are: be an Impartial and Competent court of tabunal lthed witPasa 7 ce ©: What are the minimum requirements of procedural due process in ative proceedings? we mifimum requirements of procedural due process in administrative 2 3. Evidence must be Substantial 44. Decision must be Supporiod bylaw and fac: 5 Deaision must be Based on evidence adduced at the hearing oF at least Contained inthe records and disclosed to parties: 6, Bostd or pige must Act on is or Ns own independent consideration of facts ‘tne case, and not simply accept the view of the subordinate in ries to controversy can Know varous Tbay v. IR, Q; What are the minimut disciplinary proceeding ‘ANS! The minimury/fequ? Re the process be enforced, i flr, reasonable, and just ee Implies fundamental notions of | Right tobe notified and heard farmess and justice {Yeid-for-Vagueness Dectrine {: What the void-or-vagueness doctrine? ANS: A statute or act may Be said tobe vague when it lacks comprehensibie standards figence must necesearly guess at is meaning and df i provisions and becomes an arbitra Sandigantayan, G.R. No, 148560, November 1: When isthe void-for-vagueness doctrine applied? ing a criminal offerse must define the offense wit sufficient land vogueness are analytical toois ftee speech, They cannot be made 10 courageous enough to bring Sut. The Court assumes that en overbroad law's “Very fritenca may cause others not belore the cout to refrain from consttutonay proected speech or expression An overbreadth ruling 's designed to remove that feterent effect on the speech of those third partes. In the more recent case of Spouses Imbong v. Ochoa Jr, 86 it was opined that facial Challenges can only be ‘alved on the basis of overbreadth and not on vagueness. Souther Hemisphere demonstrated how vagueness relates to vilations of du process rights, whereas facial challengas are raised onthe basis of overbreadth and limites to the realm of frescom of exaression” (Semahen ng mga Progresibong Kabetsen v (Quezon City, GR. No, 225442, August 8, 2017) Vane aeMrorchy of Rights @: Are the Constitutional rights provided under the 1987 Constitution of the same. weight and value? ‘pplication of sanctions, Further, numa rights a Its Employees Organization v. Phi. Blooming Mils Co. inc, G.R. No, L-31195, June 5, 1973). “The freedom of expression ranks higher than property rights in the hierarchy of onstistonal rights (Salonga v. Pano, GR. No, (59524, Februcry 18, 1988). Aso, imied, ie. 2 fundamental personal ight nd GR No, 122846, January 20, 2008). :; What is the trict serutiny test in relation to the classification under the equal n clause? Tegislave classification which impermissibly lterfores with the exercise of 2 antago of 2 suspect class is GiR.No, 167614, March 24, 2009). In ters of judicial review of statutes or ordinances, © Sppbcatons to equal protection (White Light Corporation v. City of Man, sup) © What Is the intermediate scrutiny test in relation to the equal protection ‘The government must show that interest and thatthe clasiicaion is (Braogo v. Philpine Truth Commis 7 eamedate review, govermenta ret isexensvey examined and e avolebiy (of fess restrictive measures is considored (White Light Corporation v. Gy af Mani, supe): led and oer proceed ofits ofthe offense and to be used as the means of commiting an offense (RULES OF COURT, RULE 126, Se. 2: ‘A person awl arrested may be searched for dangerous weapons or anything which ‘may have oon used oF constitute proo! in the commission of an offense without a search warrant (RULES OF COURT, RULE 126, Sac. 13) ‘Requistes fora Vaid Warrant {Q: What are the requisites for the issuance of a valid search warrant and warrant of arrest? ‘cause was made personal by @Jusge: affemation ofthe complainant and the witnesses he may produce; 2 53. The determination by the judge was based on an Examination under Osth or 4. The! anplinant ndor wineses teed to fects wih ther personal 6What is probable cause? 'ANS: Probable cause, a2 8 conditon forthe Issuance of 2 search warrant, exists when there are facts and orcumstances that vould lead a reasonably prudent man to believe that an offense has been commited and thatthe objects sought in connection with thet offense are in the placs to be searches (Sy Tan v. Sy Tiong Gue, G.R. No. 174570, February 22,2010) bable cause for the issuance of a search warrant and a warrant of arrest wnat ae i" ss theludgetntheatupoce ge Bain heen recite ang” ly examhe the judge, after examination underoath or affrmation of the complainant and the Wwinesees he may produce, and Dartclary describing the place to be Searched and the persons o things to be seues. 11 Personally evaluate the repod and the supporting documents submited by tho prosecutor regarding the existence of probable cause and, on the basis thereof, {Seve @ warrant of arest oF 2. tf on the basis thereof he finds no ‘The probable cause must bein connetion with one spectic offense, S| Ka = = under such urgency and exigency of he is already @ final decision of the aininistrative auorilos (Vivo v. Montesa, G.R. No. L-24576, Juiy 29, 1958). (©: What are evidence obtained through purely mechanical acts? [ANS: Acts whore the accused was made to undergo which wes not meant to unearth Gndisdosed facts but to ascertain physical attfbuies determinable by simple ‘bservation. Ths inches requting the accused to submit to ates o exact vius fom Fis boxy, oF compaling him Yo expeciorate morphine from his mouth, oF making her Submit {© pregnancy tat, or a footpsnt tes, or requing him to take pat in a police ineup (People v. Os, GAR. L-77092, September 30, 1987). The constiuional ght oF ‘accused against seltincimination proscrbes the use of physical or moral Compulsion to extort communioaons trem the accused and notte Inclusion o in evidenee when it may be matetial. Purely mechanical acs sre not incu pronibon as the eccused does not thereby speak his gull (Dela Cruz v. People, GR. No. 200748, uly 23, 2014). S| : What isthe purpose of thewrif of ANS: Tho wit of ey ‘of extra the ex curative in that leading to st ‘No, 191805, Novem suthorzation, UR by a refusal fo Adi ‘ald missing Petons, {ora protonged Batod o burden of proving’ paricipaton (Navia DP (ened by an unlawful actor omission ‘employ private individuel or entty engaged in the Getreting. colectng, or stonng of data of Information regarding the person, family, ome, and correspondence ofthe aggrieved party (Rule on the Writ of Habeas Data, A I No. 08-1-16-SC, See. 1) In order for tho priviege ofthe wnt to be granted, there ‘must exst a nevus between the right © privacy on the ene hand, and the right to if, Ter or secur on the other (Gamboa v. Chan, supra). : Whats the wrt of kakasan”? [ANS: The wt of koikasan I a remedy avaiable to 2 natural or jurisical person, oF tally auhorized by law, peoples organization, non-govemmental organization, of ery public interest group accrediog by red wth any goverment agency, cn Beal of persons whose consttinal threstenes wih vilaton by an nl fa or ently, Involving environmental damage of such magnitude as to hes or propery of Imabilanis In ivo oF more elles or provinces or Envionmental Casas, A.M, No, 09-68-80, Sec.3, Rue 7, Pert 2 Foundings, 2s a matte COMELEC, GR. No. 221 ss S| q = a 4 = = =| fe) a@: How may Philippine citizenship be reacquired? Phiipgine ctzenshp may be reacquied by: (NCR) Sy Neturalzation under R.A. 6225, otherwise known as Chizenship Retetion ‘and Re-Acquisiton Act of 2009; 2. By Great act of Congress (CONST. Art IV, Sec. Sor 3. By Ropatiaton under RA. 8171 171 otherwise known 28 “Ar Ack Proving for the Repatriation of Flipino Women Who Have Lost The Phlippixe Citizenship by Manage to Allens and of Nalutal-om Filpinos is an act providing forthe repatation ot 1. lipo women who have lost heir Philpine ctzenship by mariage to aliens; AS ftot pat a ih io naturalized FR before he lost i Pi rn ees sfation? 3 32 recevery of te org ight clizenship upon effectvty of celizanship ofthe Phi D.DUAL CITIZENSHIP AND DUAL ALLEGIANCE {: Distinguish betwoon dual citizenship and dual allegiance. 'ANS: Dual ellzenship arises when as 2 result of concurrent apolication ofthe diferent fans of two or more sles, a person is slmuliangousl considered a national by the said Slates. On the other hand, dual allegiance refers 10 We situation in which @ person Simultaneously owes, by some postive ac, loyally o two or more states (Morcado v. Manzano, GR. No. 125083, May 26,1 1: Inwhat instances may there be di ‘ANS: Dual clizens are the folowing: fathers andlor mothers in foreign counties which follow Are dual citizens automatica [ANS: No. Dual clizens who are Jigible to run for elective office? fing to run for elective pubic offce in the Constitution and existing 2. Make a personal and swom Renunciation of any and all foreign cizenship before eny public offcer authorized fo edminisior an cath atthe tine of fling the contiicate of candidacy, and 3, Take the Qath of elagianee prescribed in Sec. 3 of BLA. No. 9225 (Cordorav. Cong protect srt Social, economic, and polical nequalties (CONST, Art. Xll, Sec. 1); ¢. The State shal dafendrght of children to assistance, including prodder forms of neqlec, abuse, prejudicial to their ‘on adoption ab do not provde tat edopton confers citizenship upon the in the fst place to be adopted eight to national. lepived of his nationally nor dried‘Question Relating to the Confcts 4 both unknown shall have the ratlonalty of gen 5, trust have some Permenenca and continuity and not be only temporary of ‘occasional (CRUZ, Law of Public Ofloers, suora at 4-5). % performs in sald Got jes as 2n employee, agent, of subordinate offal, of lauthorty vested with such power, ‘iven office (Binamirav. Gaucho, What s the nature of an appointment? ‘appointment is essentaly a ciscretonary power and must be performed bythe Ofen in whom it's vested according to his best ights, tho only codon being thatthe ifeatons required by lew. If ho does, then 86) are the requisites of a valid appointment? he requisites ofa vaié appointment are: (V-PACQUA) vested with the Bower to Appoint at the time rt has been approved by the CSC (or Confimed by "Appointments 7 = = = 4 y E a co) iEa nape eee A oe ppointment or an {Issuance ofthe commission; and 4. Acceptance by the appointee. 2. For appointment which dows not require confimation, the steps are the ‘A public ofa or employee who assumed office under an incomplete appointment ie ‘merely @de facto officer for the duration of hie occupancy ofthe ofce forthe reason that he assumed office under color ofa known appoiniment which is void by reason of some defector regulary ints exercise (Corpuz v. Court of Appeals, supra). 96 LL designation does not entile the ofcer designated to recelve the salary ofthe poston {Dimasndal v. Commission on Audit. G.R. No. 122197, June 26, 1998), (KINDS OF APPOINTMENT {Q; What are the kinds of appointment? 'ANS: Appointments can be classified ehor as: 4, Sto enjoyment of security of tenure: service eligible becomes 27, par (2). ile (ADM. CODE, Book V, To |, Sub. A, Chap. 6, Soc. Q: What is the effect if a permanent appointee accepts a position in a tomporary acting eapacity? [ANS: When a permanent appointee accepts a temporary appointment, hei eloctively dvosted of securty of tenure. A temporary appointment does nat give the appointee any definite tenure of office bul makes it dependent upon the pleasure of the appointing facto convert the temporary appointment into ANS: No. Mere acauision of the appropriate peo facto converte temporary apponiment | ‘Recessary. But even then, he cannot for the power to appoint i'n essence March 29, 1982) VanePace inteos? “those appointed bythe President while the Congress isin on Appointments, and no are ad interim appointees? GiNgt Ad itenm appointees are these appointed by the President while the Congress is fot in session. The Presicent shal have the power to make appointments during the acess of the Congress, whether voluntary or Compulsory, but such appoinimens shal {: When isthe confirmation ofthe Commission ing appointees require tho cont by-passed appointee? iment fs ana that has not boon reappoint the by-passed appointee? ibe by-passed because of lack of ime or ‘Toate fs no final decision 100 : [ Qe ea) : In what instance reappointment by th Congress Extended only curing May be vecaney ‘exonded any tie there is. 3 rejection Submited to the Commission on Appointments for coafimation of Not submited to the Commission on ‘Appointments, on Appa intments (Pimentel v. Emit, supra). 01 = E 2) = 4 = = = fe} iDISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS lifeation to hold public office under the POLITICAL ‘or by the primary functions of his position, n ‘any other postion in the Government (CONST, qualifications for public office understood? ofc may be derstood ahr {: When should the appointoo possess the qualifications to the office? an appoints isthe date of by the CSC or the date of ¥. Dela Caz, GR No. oath of office @ qualifying requirement for a public office? he pubic officer has satisied this prerequisite can his right to Undersecretaries, chairmen or heads of bureaus or offices (CONST. Art Vi, See. 13). 102 103ANS: Yes, The provision plainly indica the intent ofthe framers ofthe Consittion to limpose a site prohibition on tho President and tho Members ofthe Cabinet in so fer ‘2 haldng other offices or employments n the Government or in government-owned oF (ovemment-conttled corporations was concerned. The Constitution makes 0 he appointment or designation, The prion against dual ‘or mutiple offees belng held by ono oficial must be construed 2s to apoly 10 all “appointments or designations, whether permanent or temporary (Fun v. Agra, GR. No. 191644, February 19, 2013). jon against holding dual or multiple Vil ofthe Constitution? ‘They may nat hold ary uring his torm without foreing his seat (CONST. Ar. VI, Sec. 13) . They shall not be appointed to any office which may have been created nor the emoluments the-eot increased du ‘They may not personally appear as cou Tribunal, oF quastjudical and other profession of in the acive management or conto ef business which in any he be financially any franchise or special prvlege granted by the Goverment, during his term of offer 104 L No offer or employee in the civil sence shall engage, diecby or indirect In any electoncering or partisan poliieal campaign (CONST, Art DC, Sec. 2, par. (4). {@; What is partisan politcal campaigning? yf those covered by final judgment and 10 one, where a valid criminal information Is already fled and he Jisdeton (Marquez J. v. COMELEC, GR. ‘No, 112682, Apa 18, 1998}. In the case of local ‘that nepotism exists whe consanguinity or affinity of the eppoining or recommencing authori (R.A. 7460, Sec. 79) ‘The Constiutton also prohibits the spouse and relatves by consanguinity oF affity within the fourth (4th) ei agree of the President dung fis tenure from being pron : Offce of the ‘Ombudsman, or as Secretaries, Undersecrelarios, chainmen or heads of bureaus or offices, Inducing government-owned of contlled Corporations (CONST, Art. Vi, Soc 19). RIGHTS AND LIABILITIES OF PUBLIC OFFICERS : What are the rights of public officers? ANS: The rights of pubic offers are: 4. Right1o office (Paredos v. Abad, G.R. Nos. L-96927.28, April ‘aw on Pubic Officers, supra st 180-19 organization (CONST, At Il, Sec. 8) 3 Ret 44. Rightto vacation leave and sik leave with pay (LC, Sec. 81); 405 = = a) 3 ke 2 3 = co} a(=) PVN ase Lele 5. Right to ratoment pay (GSIS v. CSC, G.R. Nos. 98995-102449, June 19, 1995); and 16. Right not to be removed or suspended except for cause provided by kaw (DE LEON, Phitppina Constitutional aw (2012), p. 179) : Define right to office. 'ANS: Right fo office isthe just and legal claim to exercise powers and responses of {he puble offce to which one has been validly elected or appointed (NACHURA, supra 91873) ©: Differentiate term from tenure. ‘ANS: Term isthe ime curing wich the fcr may claim to hold the office as & mtr Gt night and fixes the interval after which the several incumbents shall succeed one ‘rotrer, On the other hand, tenure represents the term during which the incumbent aetualy holds offce (Vale Verde County Clb Inc. v. Alice, GR. No. 151969, Saptember 4, 2009) @: Can public officers ctsim [ANS: No. The ex officio poston being acu to receWve addtional ‘campersaton fr his serv Gronsy pale for and covered by the compensation attached to his principal office {Philppine Economie Zone Auhonty v. Sommission on Aud, G.R. No. 189767, Jly 3 2012) al provisions relating to the salary of public officers? sions reaing to the salary of public offcers are the fallowng: (SALED) "1 Standardlzation of compensation (CONST, Art. XB, Sec. 5) as implemented by RA No. 6758; 2, -betlonal, double, or insect compensation are prohibited, unless speciicaly futhorzod by aw (CONST, Art. XB, See. 3) 3, Salanos of the President and Vice-President shal be fixed by Law and shall fot be decreasec Gurng ther tanute, No Increase shall take effect untl afer the exptetion of the term of he incumbent during which such increase was ‘approved (CONST. Art. Vil, Sec. 6) 108 [ ( BEDAN REDBOOK f4 4 4. No increase inthe salaries of members of Congress shal take effect unt at the Expiration of tha ful orm ofthe Members of te Sanalo and the House 10s who approved the increase (CONST, Art VI, Sec. 1); ote: The salary of = public officer cannot, by garist ‘rection, be seized. Pole policy ais pronibs the assignment of unearned saves or {es (Orector ofthe Bureau of Prining and the Executive Secretary v. Francisco, GR. No. L-31337, December 20, 1973). ose @ min '. Clif Service Commission, GR. No. 81467, (October 27, 198). ©; What isthe legal basis for the right of pubic officers to vacation and sick leave with pay? [ANS: The folowing ae the legal bass forthe right of puble officers to vacation and sick enloyed by appoi therool (L@C, Sec 8 1 local official, including the cumulation and commutation ©: What is retirement pay? 'ANS: Retirement pay i the benef glen to government employees to reward them for in the servi of their country (GSIS v. CSC,injrios sustained by another as s authonty, excopt a otherwise Code (Ars. 27, 32, and 34, ‘or negligence (ADM. CODE, Book | Chi ‘3, Criminal labity under the Revised Penal Code (Aris, 208 fo 212, rts. 213 0 216, As, 217 to 222, and Ars. 223-24 4 ‘on conttacs entered ino witout or in excess of authority (Metchorv. 5 "Ault G.R, No. 95308, August 16, 1991); and "Mendoza v. De Leon, G.R. No 9596, February 11, 1910). not be imputable tothe public ofce it Cees 0: If the duty of the pliblig officer is therely- mii Tape. of hs acta? —_ fe ite fecal rah: jo. 3-375} : Can a publ Seay ‘another publ > ‘Yee. Ganar for the or mi 8 ally authorized by written ‘order the specie act or (CODE, Baok |, Chapter 9, Soc. 38, par. (3) No, 191805, November 16, 2017). : Can a subordinate officer be held table for wilful or negligent acts even if he feted under orders? 'ANS: Yes, The Administrative Code provides that “No subordinate officer or employee ts done by hin in good faith inthe performance of his cuts. “or wilt or negligent acts done by him which are contrary to ind good exsioms even fhe acted under orders or IDM. CODE, Book | Chapter 8, Sec. 39). +08 6. DEFACTO vs. DE JURE OFFICERS 1G: Who isa de ure public officer? [ANS: A de jure pubic offcor is one who is deemed, in all respects, legally appointed ‘nd gualifed and whose term of office has not expired (Topacio v. Ong, GR. No, 479895, December 28, 2008) 10: Who fsa de facto public officer? 'ANS: An officer do fact is one who has the reputation or appearance of being the Such offoe (Coola v. Martinez, G.R. No. L-14569, November 23, a de facto officar? nsidered.as do facto offcer: (VAC) en good faith; and seauescorce bythe puble Tuondo v €: Distinguish a de fat ANS: A do jure ofco general publc relied on seid acts. tis the color of authrty, not the color of tile that fitinguishes an officer defacto from a usurper. means thatthe autho to hold offco lg by some election or appointment. however Iregular or informal (Ch Service ‘Commission v. Joson, GR. No. 154674, May 27, 2004). @: Is a de facto officer entitled to salary and other compensation for services, ‘actually rendered? ANS: Generaly, no. The rightlol Incumbent may recover from a de facto officer the Salary rcelved by the later Curing the time of wngful tenure even though the ater Is i god fat ard unde cl of ie ey. Cout of pes GR. No, 25250. Exception: When there is no de jure offcer, the do facto officer is entitled to salaries forthe period when he actualy dischargod fur = a a = 4 = = = } a‘a: What isthe proper remedy to unseat a defacto officer? SENS! The proper remedy i to neta a quo warranto proceeding under Rule 66 ofthe Aue of Court. The tile toa public office may not be contested except directly {rovsh quo warrant proceedings within one year from the disposition from office, It hora be saealed ealaterally, even through mandamus or 8 motion to anna or set sive orcer (Topacio v. Associate Justce of the Sendizanbayan, G.R. No. 179695 December 18, 2008). H.TERMINATION OF OFFICIAL RELATION 1G: What are the modes of termination of oficial relation of a public officer? ANS: The following are the modes of separating a public officer from his offen: (FIRE re Divesture ofthe pubic office through 3 ample, any person noiding pubic ap ng active members of the Armed Forces of ano oh 9d of removal 1 leave without pay for any roason fas to retum to rom the effseve date of such leave, he arated from the service (REVISED CivIL incompatible office — Incompatibility exists when the tone person shoul not oid both faithily and impertialy dso arge the duies of one toward the incumbent of the other Acceptance of he Fncomgalbe offce aulomatcaly vacates the firs fever 1 ite to te second office should subsequenty be annulled (CRUZ, Law (of Public Officer, supra at 303); 8. bolton of Office ~ An office ceaiod by law may be abolished by the ‘Constution or by law. A constiulonaly-created offce may only be aboished by the Constiuton; 110 Note: The power of Congress to abolish an offes has certain restictions: It must be exercised in good faith (Davo v. Mison, G.R. No, 81954, a8 a defense because i thore a ero (Be Lana. Aba GA. No. 8 formal methed of renunciation, coupled withthe physical (CRUZ, Law of Public Offers, supra st 290) resignation must comply with three oquisites: lnlary, Tmust be tendered to the proper officer who must accept 3 i t i 2 i 2 Veen ‘must comply wih the formal requirements ai 0 any (US. v. NetgAbeuela, GR No. L-4536, November 14, &F removal of appointive offcer and elective officer, is — a tal-ype proceeding isnot necessary. However, ‘given an opportunity to be heard (Samalio v. out of Appoats, GR. No. 140078, March 31, 2005) 2. For elective officials ~ is necessary to hold a tral-ype heating, An esting cloctve. local offal has rights. alon to the consitiional rights of an focused. These rights are essentially part of procedural due process. ‘The local eloctve ofa has: '2. The Aight to appear and defend himsl in person or by course; 1. The Aight to confront and cross-examine the witnesses agains him and The right to compulsory attendance cf witness and the precuction of Gooumentary evidence (Joson v. Executive Sacretay, GR. No, 131255, May 20, 1998)|A.THE QVIL SERVICE {: Who are covored by the civil service rules? 'ANS: ‘The civil service rules embrace the personnel of all branches, subdivisions, insirumentaltles and agencies of the goverment, including govemmentowned oF ‘ontoled corporations (GOCC) with orginal charles (CONST, Ar. DB, Sec. 2, par @). Wat iste et fo deterine whater 2 GOCE with or witout origina aerkcalcopraton uk wou! ergel charter (Trego toe of tho hippies ‘alional Housing Authority, G.R. No, -a9677, May 4, 1989). 4 matters_of government-owned and controlled of Lapét exerié jurih by the cH Seven La may not aflerwacds deny thst samo jon to escape a penalty (Among v. Chil Service Commission, G.R. No. 167916, 26, 2008) ; What ae the classes of positions under the civil service? ie Code of 1987, cil service posilons are curently cassied into e postions (Cul Service Commission v. 12 €: Distinguish the career service from the non-career service. IANS: They may be dstinguishod as flows: Career serve is characterized by entrance based on mest and finess tobe determined, ualficatons. There 5 op Sevancement to higher career postions and Secu of tenure, appointed by the President, such as the Foreign Service Officers in the by eniranea on bases 120 of the usual tests the employing agency, to be ‘accomplished wihin & specie period, which In no caso shall fxcoad one year, and performs fr accomplishes the specific. work of feb, under his. own ponsibaty with minimum ‘of recon and. supervision ‘rom the hiring agency, anc Emargoncy and seasonal personnel (R.A. 7160, Sec 6). eS 4 =) a 4 — = = 9} 6"Appointments 0 competitive positions are made sccosting to merit and 25 practicable, by compete examinations. termining, primar Constitutional Law (2072), supra at 723) rust canton NB. 173264, sopra} {: Can the Civil Service Commission revoke an appointment on the ground that another employee is bettor qualified? Cannot revoke an appointment on the ground that another employes ony being med to approving of renewing an appointment in fe ofthe law governing the Civil Service (Aquino v. CSC, GR. No. $2003 Art 2,190) ry L {:; Can the Civil Service Commission convert a temporary appointment into permanent one? ANS! No. The CSC cannot convert a temporary appoiniment into a permanent one. It ned to be permanent where y (Province of Camarines Sur VGA GR. No, 104639, ly 14, 1998}. PERSONNEL ACTIONS {: What is a porsonnet action? ‘ANS: A personnel schon involves the movement or progress of personnel inthe cil onic. There are seven personne! ction, to wit (TAP-D'Re'S) Nesion from an- appropriate register of ©: What is promotion? [ANS: A promotion ie a movement from one posiion to another with an increase in Gules and responsibiies ae authorized by law ané usualy accompanied by an increase in pay. The movement may be from one dapariment or agency to another of fiom one organizational unt to another CODE, Book V, Tite LA, Section 26, par. the same deperiment or agency (ADM. ‘@: What is demotion? 'ANS: A demotion fs defined as the movement from one positon to another involving the Issuance of an appointment with diminution in duties, responsibities, stats, or rank ‘which may or may not involve reduction in salary (CRUZ, The Law of Pubic Officers (2007), p.106) 115 = Ed =) a Rs 2 = a ° ajoyee from one agency o another without the lowed, ony fora imied period in the case of Selves thst ae ro Sonmason, Pondng apseal, the eecson fo eal he employee shal be erectoy Sess oennse ores y he Conmisslon (ADM CODE Boek V, Tite ha, Secon Bevan). {an appointment but may either involve reduction of MEMORANDUM CIRCULAR NO. 18, Sori of 1998, Rul Il, Sec 6, par. 4: Who maybe reassigned? ANS" ep abe, ess ‘same agency; provided, Sint Stati or salary (ADM. 6 atonal unit to another In the wowve a reduction in rank, O “1. Asaries of promotions; 2. A appaintments ate simuitsnecusly submited to the CSC for approval; and 3 The CSC disapproves the appointment of a person proposed to a higher nostion (Divinagraca v. Sf. Tomas, G.R. No. 110964, May 3, 1999) K ACCOUNTABILITY OF PUBLIC OFFICERS {: What are the grounds for disciplinary actions of elective local officals? ANS: An elective local offical may be dscplined, suspended, or removed trom offce on 2. Gulpabe vclaton ofthe Cons 3. Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of out, 4. Comission of any Offense involving meral turpitude or an offense punishable by at east pasion mayor, 116 ae ele aa oe ‘Abuse of autnoiy: 8. Unauthorized absence for ftean (18) consecutive working days, except in the case of members ofthe sangguniang panlalawigan, sengguniang panlungsod, ‘Sangguniang bayen, ane sanggunang barangay, 77. Application for, or aoquistion of, Foreig citzenship or residence or the statis ‘fan immigrant of another county and ‘8. Such Other grounds 2s may be provided in tis Code and other laws (RA. 7160, Sec. 60). Juriedition ; Who may remove an elective local official? [ANS: An elacve local oficial may be removed from offce on the grounds enumerated the proper court (R.A. 7160, Sec 60, par. (2). Int an elective offical be filed? be fed before the i Senseo? ab he Sacolingauorty finest charges No. 139043, September 10, 1999) : Distinguish the kinds of preventive suspension of civil service employees who are charged with offenses punishable by removal or suspension. ANS: There are two Kinds of preventive suspension on cv service employees, to wi: ‘1. Preventive suspension pending investigation ~ i is a means to enable the scipining authoriy to conduct an unhampered investigation. It oes nat tent the public officer to back wages due forthe period of suspension even found innocent ofthe charges unless suspension is unused ur = Ee i = < S = a co}Pay Neca Zs 25 Juish between the provisions of the Revised Administrative Code, the in Act. the Anfi-Graft_ and Corrupt Practices Act, and the Local oe 14 preventive suspension. ‘The governor, ifthe respondent is 5 : 5 - fe) Es The proper dsonlining Sandiganbeyen, GR. No. 128065, Apel 18, 2001; RA. 3019, Soc. 9) The Ombudsman or | Preventive his Deputy may | suspension may preventvely suspend | be imposed by the ‘ot | Ombudsman of is Deputy, (RA. 870, Sec. 24) Preventive suspension may be Imposed at any time: ‘fir the iesues elective offal, he cannot bo. 119Peirce Trvolves dishonesty, ‘oppression oF grave misconduct oF neglect inthe respondent, in which case. the ‘period of ‘such delay: shall not against him (R.A. 3018, Sec. : Can a preventive suspension be imposed on a local elective official within 90 ‘ays prot to a local election? ‘ANS: No. Under the Local Government Code, no investigation shall be held within ninety (50) days immediatly pir o any local slocton, and no preventive suspension Shall be imposed wwihin the Sald perio. If preventive suspension has been imposed Dior lo the 80-day period immediately preceding locel election, It shall be deemed utoraticaly Wed upan the sian of aforesaid period. (RA. 7160, Sec. 62 par.) Is preventive suspension under the Anti-Graft and Corrupt Practices Act ‘Comipt Pracices Law, the susper efermination has been made ofthe validity of the information in a pre-suspension hearing conducted for that purpose (Segova v. Sandiganbayan, G.R. No. 124067, ‘March 27, 1958) Sandigantayan, GR. No, 128085, Ap 18, 2001) 1: May a public officer be entitled to compensation for the period of his therefor (Salalma v. Guingons, G.R. Nos. 7589-92, May 22, 1996) When the people hhave elected a man to offe, it must be assumed that they dd ths with knowledge of his We and character, and that they disregarded or forgave his foul ‘boon gully of any (Aguinalo v. Santos, G.R. No. 94175, August : is the Doctrine of Condonation stil applicable? {aw Iisa jrisprudential tation thet originated rom the 1959 case of Pascual v. Hon, 121 = = 3 =} ce 3 = =| fe} aProvinciat Board of Nueva Eda, which was therefore decided under th coisa publi usta POLITICAL LAW power of Congress to remove a public official for nav. Senate of the impeachment may be fled by any Member of the ‘upon a resalution of endorsement im such referral, together Feooluon shall be ealendared for consideration by the House over, at any’ st Session days from receipt thereof. Investigation of euch easea (RA. 6770, Sec. 15, par. 22 12. Request any government agency for assistance and information necessary in the decharge of ils responstales, and to examine, f necessary, pertinent feeords and documents (CONST., Art. XI, So2.13, par (8) 3, Publica matters covered by ils investigation winen circumstances 80 warrant coruption in the Government and make recommendations fr their elimination ‘of high standards of ethics and efficiency. (CONST, Art ‘and the proper acton for the recovery of i-gotien andor assed after February 25, 1986 and the prosocullon of rein (RA, 6770, Soc. 16 par. (11) the power to examine and eects (RA. No. 6770, Sec. 18, par. (8): ‘accordance with the Rules of Court and under the itn the same penalies provided therein (RA No. 6770, par. (10) {8 Proventvaly suspend any officer or employes under his authority pending an Investigaton unt! we case is terminated by the Office ofthe Ombudsman but not more than six (6) months, without pay (R.A. No, 6770, Sec. 24) @ Can the Ombudsman prosecute cases outside of the jurisdiction of the Sanaiganbayan? 'ANS: Yes, It can prosecute cases before the roguar courts. The Ombudsman is £0 ‘empowered undar FLA. No, 6770 and is granted an active role in the enforcement of ‘ni-grat and corruption laws, Recogniing the importance of this power, the Supreme Court does not wish to derogate it by limiting it to cases within the jurisdiction ofthe ‘Sandiganbayan (Uy v. Sandiganbayan, G.R. Nos. 105966-70, March 20, 2001). 124 — - lo criminalyeharges against judges for ext ules, jlotwthstanding the power of adminis ‘Coy gos? Supreme Court for determin vd Judge or court employee had acied within the scope of their adi ed ez, GR. No. 10276, ‘Apa 22, 1993} : May the Ombuds ft documents necessary for an investigation 0 by the need of the the duty of the R. No. 95637, When the acts ef the offloer are without or in excoss of authority Where the prosecution is under an Invalid law, ordnance or regulation; When double jeopardy is cary apparent, 1 court has no jurisdiction over the offense; isa case of persecution rather than prosecution; the charges are manifesty false and motvated by the lust for vengeance; Where there is clearly no prima facie case against the accused and a motion to quash on that grounc has been denied: and ‘hen predminary Injunction has been issued by the Supreme Cour to prevent the threatened Unlawful arrest of petitioners (Cabahug v. People’ of the Philippines, GR. No. 132816, February 5, 2002). 128 = Es 2 Ka = = b= fe) a‘ecison in administrative proceedings by the couts of justice unike in the case of CConsttuitonal Commissions (CRUZ, Law of Publc Offcos, supra at 364-365) @ When Section 27 of R.A. No. 6770 provided that 3m may be appealed to the SC on certiorari unt jure Coneurence” (Cruz v. People ofthe Philippines, GR. No. 110436, June 27, 1994) been provided in the law (Tio! v. Sanaiganbayan, 6. R. Mo. 196013, November 4, 099). Office of the Speciol Prosecutor {: How are special prosecutors of the Ombudsman appointed? ial Prosecutor, shall be ‘ANS: The Ombudsman (40-REC10) 4. Natural bom cltzens of 2. atleast forty 40) years 5. of Recognized pry and independence, 126 members ofthe Philippine Ber, and must not have bean Candidate for any elective national or local office inthe tena! ‘ 2 privilege ‘granted by the goverment or any subdivision, agency of instrumentality there, Have a confit ofinteretin tho conduc of thelr office: Be qualifed to run for any of in tho election Immediately folowing their officials occupying the folowing postions in the government, whether in a permanent. acing or interim capaciy, at the time of the commission of the 1. Provincial governors, vice-goverors, members of the Sangguniang Panialawigan, and provincial treasurers, ‘assensors, engineers, and cher province department heads Panlungsod. city weasurer, assessors, engineers, and other city partment heads; 1ind provincial prosecutors and thelr assistants, and officials ‘and prosecutors in the Office of the Ombudsman and special [ANS: The suspension i vl charged with violating the Ant-Graft and Corypt practcos act. It does not violate the ‘Constitution. The suspension rfered to inthe Constitution Is a puniive measure that I impoted upon determinaton by the Senate or the House of Representaives, as the upon an ering member. It quite distinc from tho Euspension spoken of inary, preventive measure, pressnding fom the fact that the lator is not be of the House of Representatives (Defensor-Santago v. Sandiganbayan, G.R. No. 126058, Apr 18,2001) @: What i the scope of Sandiganbayan's jurisdiction? ANS: The Sandiganbayan shall exercise exclusive orginal jurisdiction in all cases Involving: + Violations of Ant-Graft and Comupt Practices Act, RA. No, 1379, and Chapter are ofcals occupying the folowing postions inthe government, whether in permanent, acting oF interim capacity, at the me of the commission of the offense: 128 TL Provincial governors, vice-govetnors, members of the ‘and provincial treasures, consul and higher ive Philppine army and air force colonels, naval capains, snd all ale unWorsties or Asiied as Grade ‘27 and provisions of the Gemmissons, without ‘The Sandiganbayan shall exercise exclusive appelate j judgments, resokttons or orders of RTC whether Inthe brgina ufidcton oof thei appellate jricoon as herein provided, ‘The Sandiganbayan shal hve oxcusive the issuance of th writs of mandemus, wits and prooesses in aid offs appeals ne ofsmiar nature, including quo warranto, arising cry POLITICAL LAWBEDAN RED BOOK cor that may arse in cases fled or which may be fled under EO Nos. “A, issued in 1986: Provided, Thal the jurisdiction over these be exclusive of the Supreme Court (RA. No. 10860, Sec. weenment ganization, to ny major jonaloffces. also refrs to any ‘equation (ADM. CODE, 130 BEDAN RED BOOK 5 Ka 2] = Ka a = = ce} a2. External Administration — concerned wih the protiems of administrative feguidions or the exercise of pawer for carving out the ends for which such powers were delegated (SUAREZ, Poilical Law Reviewor (2018), p. 314 [reroinater SUAREZ) ive orders, rues, and reguatons (Opie v. paltton for certorar under Sec. 1, RULE tion under Sac. 2, RULE 65 ofthe Rules ‘2agreved party is expected to exhaust jaton faved by an administrve agent ‘Seranisvative remedies before going to court. (Haly Spirt Home Owners Association v Defensor, G.R. No, 163960, August 3, 2006) 132 164171, Fobnsary 20, 2008) 133 = 4 =) = 4 ey = = co} iSeah Oey oe Q:; What are the requisites for the validity of an administrative rule or regulation with penal sanction [ANS! Th requstes are the following: (ASAR-P*) ‘Th ‘ang regulations must have been issued on the Authosty of law 2. That the rules and regulations must be within the Scope and purview of the pncipal 13, That said rules and regulations must be Reasonable: and promulgated in Assordance with the prescribed procedure, 10 wit pubicallon, notice and hearing 14, The law must itself declare as Punshable the viotation of the administrative ‘ule oF regulon; and 5, The law should define of fix tho Benaty forthe vila ofthe adi ‘ule or regulaton (Executive Secretary v. Soutwing Heavy Indust Note: Prior notice, heating and publication are not required for interpre Infemal rule Republic v. Drogmaker's Laboratories, Inc, supa. 3 etonife formulation. No inafon rests upon huren ar case The standard of 1d must be reasonably elated tothe purpose ofthe rule; ive policy (Miro! v. Department of Public Works and 158793, June 8, 2006) (2: What is the rule on notice and hearing of administrative rules? When is it required? [ANS! Generally, notice and hearing isnot require. However, itis essential when: (FS*) ‘The legislature self tequires and mandates thatthe regulation shall be based on corain Eacts a determined at an appropiate investigation: foment of @ conoversy between specific parties oF oi 2. 3 the nature of Subordinate legislation designed to ing te details (CIR v. Court of Appeals, C.R. No. 134 chance to be heard, and therafter ta be duly informed, before that new Issuance 1 ‘ven the force anc effect flaw (Republic v. Drugmaker's Laboratories, In, supra) rave agoncy and not the general public. by an administrative agency conceming ‘ubortinates in the performance of ther cof judiial function isnot the exercise of u ‘agusicate upon the rights and obigaions of parties (Sanfago v. Bautista, G.R. No, L- 125024, March 30, 1970) : Do administrative agencies have the power to promulgate their own rules of procedure? ‘ANS: Yes, Administrative agencies ae clothed with rule-making powers because the Maceron, G.R. No, L-32168, October 18,1977). , What are the requisites for propor exercise of quasi judicial power? ANS: The requisites forte exorcise of quasi-judicial power are: (JNM) 1. dursdicton; 2 Notice and 3. Heating (ALBANO, supra at 702). 195 ES Ea = 2 4 2 = S| fo) 9PLease 7 oe the requisites for administrative due process? that there must be: (RESS-BAK) Know varo Tay v. Court of Industria Rolotons, G.R. No. 46496, Fobruary 27, 1940) ‘together doclino to take the but the nature ofthe proceedings that controls (Rosefev, Lin, G.R. No. 196051, June 8 2006). ft to counsel mandatory ia administrative proceedings? ‘on administrave proceeding, a respondent has the option of engaging the sel, AS such, the ight tO counsel 16 not imperative because 196 r and employees, with the purpose of msitaining the dignity of government service (Vivo W- Philppine Amusement and Game Corporation, GR. No. 187854, November 12, = 4 3} 5 4 = 3 = fe} i{Q: What are the fact-finding and investigative powers authoczed 10 based upon a fi (Phiippine Consumer Foundation v. Sec. Education, Cuture and jrement as to reasonableness, is. standard may Communications Satelite Corporation v. Alcuaz, G.R. No. 4818, December 18,1989) 138 administrative ceasons are (Cruz v. Del Rosario, G.R. No. L-17440, law, comity, and com remedies have been resorted to ané the eppropriate authoriies have been given 139 | / POLITICAL LAWopportunity to ‘Aged J, supra) ah ptimary_ anise, juisicton fom exhauetion of process. pending referral of the administrative body for stal Enterprises v. Court of ‘epnats GN. 88850, Aol 1, 1900). rimary jurisdiction and exhaustion of adm’ (MEAN-LIQUID-PUPA) 140 wy POLIBEDAN RED BOOK ES Ea =] = rd 2 = = ce) o. registered voters upon ‘abnerniso known as The Ccondion precedent to the lifcaton (Yra v.Abano, GR. Q: In whatinstances may a person's rogletration be deactiva | ans: ‘The registration of the following persons mey be deactivated: | "Any person who has boon sentenced by final judgment : Who are those persons disqualified from registering as voters? Tess than 4 year, such dsabity not having been removed by plenary the exercise of suze (CONST, A.V, Soc. 1)0: What ar he gn exclusion, and 15 days bolore the clecion and the decision shall become fina and exscutory (RA. No. 8189, Soe. 32). 4; Distinguish inclusion procesdingsf ANS: Inclusion and exclusion proceedings may be distinguished in hs manner (PV-TAPA) ‘Any person whose application for regitvation has been disapproved by Tal and executory RTC shall decide within 10 days fom ‘become final and executory. No motion 8189, Sec. 3} Philippines, "atthe option of tho pattoner. within 5 days from receipt of nalico thereof. Otherwise, said decision shall become rom exclusion proceedings. ea the time its received and the decision shall for reconsideration shall be entertained (FA ‘application has been approved, any Interested party may fle 2 petiion for ‘pln of the petiioner. us = Ed 2) =) rd = = =i fe)“The pettion shall be decided on the | “The pettion shall be decided on the basie of the documents submitted | basis ofthe documents submited within 2, Those who have expressly Renounced their Philppine etizenship and wha have pledged allegiance to a foreign country, except those who have ‘eaoquired or retained their Philpine clizanship under Republic Act No. 18225, otherwise known as the itzenship Retention and Reacgusion Act of unless such competent authoriy subsequenty ceriies tat such Person is no longer insane or incompetent (R.A. 9188, as amended, Sec. 5) 146 {: What aro the requirements for registration as an Overseas Voter? ANS: Every Flipino registrant shall Bo required to umn the folowing documents: 3. Any person who did not vote in two (2) consecutve natona! elections as ‘shown by voting recorés; and ‘Any person whose registration has boon ordered excluded by the courts (R.A 9189, as amended, Sec. 13) : How may the reactivation ofthe registration of an overseas voter previously deactivated be made? ANS: Any overseas voter whose registration has been deactivates pursuant to the preceding section may fle with the RERB at any time, but not later than one hundred (RA. 9189, as amended, Soc. 16). @: How to cancel the registration ofan overseas voter? proven io have los thelr pina ciizenship (RA. 9789, as amended, Sec. 17). wr = Ea a sj = & = = iS) Es@; Whatis the manner of voting ofan overseas voter? personally, by any other means as may be ‘determined by the Commision issue tne necessary guidelines on the manner “The Ofce for Overseas Vating (OFOV), In consultation withthe Department of Foreign ance the specific made of voling per countypost atleast ‘aye before the start of the voting perod (RA. 9789, as {: What isa special polling place? 'ANS: Special poting place shall be established in detention cantersfals with at loast fy (50) registered detainee voters (COMELEC Resolution No. 9371, Rule 3, Se. 1) : Who are Escorted Detainoe Voters? ANS: The flowing shall avai ofthe escorted voting eterod voters of municpaitesetos wire no special poling places are poling place where they are registored. 148 ‘receding the day of election (CONST., At. Vi, Sec. 6) Wat qualficton, should be met to be candidat for Governor, View ES =< Sj = Ke = = a fe) 418 years —for member of the Sangguniang Panlungsod or Bayan, of Paneng barangay or member of the Sangguniang Berangay(LGC, Sec. 39); 4. Ye but not more than 26 years ~ Sangguniang Kabataan (RA. 10742, cthervise known as the Sangguniang Kabelaan Reform Act of 206 ‘atic where he intends to be el 5. Resident therein fora least year immediatly preceding the election; and the disqualifcations applicable to all candidates under Section 12 of bus Election Code? The diequalictions to be @ candidate and to hold any ofce re Eugives fom ora ‘Bermanent residents Ina foreign county or those who have aequired the ight {o roside abroad and continue fo aval ofthe same right after the effectvly of this Coder and 7. The sane 0” fesble-minded (R.A. No. 7160, Sec. 40) {ht areca rounds or iquaiiention und the len Code. \echaving fed a ceria of candidacy, the flowing shal bo cequaliied rom indice of corrupt the votars 6 pubic ofiss per 2, One who committed acs of terrorism to enhance his candidacy. 3. One who spent in his election campaign an amount in excess ofthat allowed by the Code 4. One who has soled, eos! £89 (ransporaion, food and Insttutions, publ uiies or exploiation of natural resources, contractors of pubic works or otter goverment’ coniracts; franchise holders. oF ‘or made contibutons protibited under Sec. ks), Section 95 (public or private financial 160 — 65, One who is @ permanent resident of or immigrant to a foreign county, unless aid person has waived his stalus as permanent resicent or nvmigraniof foreign country in accordance with te residence requirement proved for in the election laws (8.P. 887, Soc. 68). ts premature campaigning probing? person performs acts which unequivocally repudiate his prior renunciation ‘such 2s th use of is foreign passport even after executing sad affcavk (Amado v. Commission on Elections, G.R. No. 210164, August 18, 2018). 181Haynes 2 @: What steps must @ natural-bomn Fil ino citizen who has lost his Philippine ' a citizen of a foreign country take to idte for public offee, such a person mus: olding such puble ofce as requiced by the ‘izenship by taking the Oath of Allogiance found in Section 3 of RA. No. 8225. 3. Make @ personal and swom renunciation of any and all orign ciizenships before any publi ofter authorized to administer an oath prior {oor atthe time Of fiing of ther Cerhate of Candidacy (Jepzon v. COMELEC, GR. No. 180088, January 19, 2009) Note: it has been held that fate to comply wth any ofthe formal requisites prescribe fatal tothe candidacy ofa forign/cu the foreign county of whom he was, the pendency thereof order fhe ‘whenever the evidence of his gults trong (FLA. No. 646, Sor. 6). @: What isthe “second placer” rule? 'ANS: The electorate's avfareness of the candidate's disqualification Is not a prerequisite for the aisqualiicaton t sttach tothe candidate. The very existence of a cisquaiying ‘ireumstance makes. the cancidato Ineligble. Knowledge by the electorate of a : ication fs not necessary before @ quaifed canddate who placed ) days before the elections: Provided, That, any elective offical local, running for any ofice other than tho one which holshe Is 182 BEDAN REDBOOK 4 = Ee = 2 s Ss = zl fo} ig : What Is the effect of fling a certificate of candidacy by a person in public office? ‘ANS: Dopencing on the postion the candidate is currently occupying, the fling of a janed from hs office upon the fing of is b 13, par. (9); COMELEC ¥.COMELEC, G.R. No 192260, January 25, 2071) Substitution and Withdrawalat Candidates : In what instances may a candidate be substituted, and by whom? ANS: afer nat ye logo cartes of candidate. No person who has ja as substitue candidate for any ates of candidacy (COMELEC Resolution 8678, Sec. 13) 153BEDAN RED BOOK 0: Whats the effect of withdrawing a certificate of candidacy? [ANS: The witnorawal ofthe certftcate of candidacy shal effec the disqualfcation ofthe Gireldate to be ected for the postion. The wihdrawal of the withdrawal, for the Purpose of roviving the cerifcate of candidacy, must be made witin the period provided he fling of certicatos of candidacy (Monselev. Nico, GR. NO. L 2550, tay 5). the fing oF wlthcrowa of cera of cancidacy shall nt affect ‘satever ivi, criminal, or administrative Labllles which a eancisete may have incurred (@P. 881, See. 73, par (8): Q: Until when can the substitute file his certificate of candidacy? What is the ‘same surname policy? [ANS: The substi of a candidate who has withdrawn may fie his catifeate of Candidacy at east 150 days before election day. No substitution due to withdrawal shal be allowed thereat Aisqualited by final judgoment may fie his 2, provided thatthe substiute Intention to run for the offee for fatty determination of the true wil of the electorate (BP. @8, Sec. 62; Bautista v. COMELEC, G.R. No. 123840, November 13, 1998). petition against a nuisance candidate? iy rogistored cancldale 2s @ nuisance candidate shall be fled personaly or thraugh @ duly authorized representative withthe Commission by ‘any regetered candidate within 8 days from the last day for the filng of eertcates of ‘candisaey (COMELEC Resolution 9523, Rul 24, Sec. 8) 154 : What the nature ofthe petition agal ANS: A pation fo cancel or deny due co ‘uleance candidate under Section 69 as in Section 78 cannot be Weated inthe same jisance candidate? ‘disqualified on grounds provided inthe Omnibus Election Code and (Code (Dela Cruz v. COMELEC, G.R. No. 192221, November 19, 2012) {Is a candidate accused of being a nuisance candidate entitled to notice and the

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