Professional Documents
Culture Documents
POLI-FINALS-REVIEWER-2nd-half-MAJ 2
POLI-FINALS-REVIEWER-2nd-half-MAJ 2
otherwise the prior somewhere between the and information for the purpose of ensuring equal opportunity, time and
restraint will be invalid. mere rationality that is space for political campaigns (Osmena v COMELEC)
required of any other law o COMELEC cannot procure print space without paying just
Prior restraint on speech and the compelling compensation (Phil Press Institute v COMELEC)
based on its content interest standard applied Unconstitutional
cannot be justified by to content-based o COMELEC’s resolution prohibiting posting of decals and stickers in
hypothetical fears, but restrictions. mobile units and other moving vehicles. It was declared to be an
only by showing a infringement of freedom of expression. Since it also included
substantive and imminent The test is called citizen’s privately-owned vehicle, it is equivalent to deprivation of
evil that has taken the life intermediate because the property without due process of law
of a reality already on Court will not merely o Resolution prohibiting the posting of tarpaulin in their own private
ground. rubberstamp the validity of property
a law but also require that o “surveys affecting national candidates shall not be published 15
As formulated, the the restrictions be days before an election and surveys affecting local candidates shall
question in every case is narrowly-tailored to not be published 7 days before election”
whether the words used promote an important or
are used in such significant governmental MOVIE CENSORSHIP
circumstances and are of interest that is unrelated to Movies have a greater capacity for evil and must therefore, be subjected to a
such a nature as to create the suppression of greater degree of regulation. But the power of the MTRCB can be exercised
a clear and present expression only for the purposes of “classification” not censorship
danger that they will bring Classification can only be questioned when the Board committed grave
about the substantive evils abuse of discretion
that Congress has a right
Court can grant petition to restrain public exhibition of the movie because it
to prevent. It is a question
contained fictionalized embellishments
of proximity and degree
Primacy of freedom of expression is superior over Enrile’s right to privacy
because he was a public figure (in re: “A Dangerous Life” movie =
CASE: Disini v Sec of Justice
participation of Enrile during EDSA Revolution)
SC declared Sections 4(c)(3), 12, and 19 of the Cybercrime Prevention Act
MTRCB committed grave abuse of discretion when it classified as “X-rating”
of 2012 as unconstitutional. It held that Section 4(c)(3) violated the right to
a TV program on the ground of “attacks against another religion” can be
freedom of expression by prohibiting the electronic transmission of
justified only if there is showing that the TV program would create a clear
unsolicited commercial communications. It found Section 12 in violation of
and present danger of an evil which the State has the right to prevent
the right to privacy because it lacked sufficient specificity and definiteness in
collecting real-time computer data. It struck down Section 19 of the Act for
US v O’BRIEN – Validity of government regulation requisites
giving the government the authority to restrict or block access to computer
data without any judicial warrant. The regulation must:
SC declared as void and unconstitutional the same provision as applied to o Be within the constitutional power of the government to enact,
others who simply receive the post and react to it (in re: online libel) o Further an important or substantial government interest,
Invalidated Sec. 5 which would punish the act of aiding and abetting the o That interest must be unrelated to the suppression of speech (or
commission of cybercrimes. Formal crimes like libel are not punishable "content neutral", as later cases have phrased it), and
unless consummated o Prohibit no more speech than is essential to further that interest.
CASES:
Upheld validity of law which prohibited, except during prescribed election 2) Freedom from subsequent punishment – individual would hesitate to
period, the making of speeches, announcements, commentaries for or speak for fear that he might be held to account for his speech.
against the election of any party or candidate for public office a. Libel – Public and malicious imputation of a crime, vice or defect,
Upheld validity of law which prohibited any person from making use of the real or imaginary, or any act, omission, condition, status or
media to sell or to give free of charge print space or air time for campaign or circumstance tending to cause the dishonor, discredit, or contempt
other political purposes, except COMELEC. Such power is a legitimate of a natural or juridical person.
exercise of police power of the State to regulate media of communication
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o Denial of permit may be justified only upon clear and convincing Appropriation allowed where minister or ecclesiastic is employed in the
evidence that the public assembly will create a clear and present armed forces, penal institution, orphanage
danger to public order, safety, convenience, morals, or health.
o Action on the application shall be communicated within 24 hours to SCOPE
the application, who may appeal the same to the appropriate court State cannot set up a church nor pass laws which aid ONE religion, aid ALL
o Decision must be reached within 24 hours religion or PREFER one religion over another, nor force nor influence a
o The law permits law enforcement agencies to detail a contingent person to go to or remain away from church against his will or force him to
under a responsible officer at least 100 meters away from the profess a belief or disbelief in any religion
assembly in case it becomes necessary to maintain order “School Prayer Case” – recitation by students in public schools in New York
BP 880 regulates the time, place and manner of assemblies of a prayer composed by the Board of Regents was held
Cases: UNCONSTITUTIONAL (Engel v Vitale)
o Suspension/dismissal of public school teachers, who staged a Equal treatment of all religions
strike to dramatize their grievances, was held valid. They were not o State recognizes validity of marriages performed in conformity with
dismissed because of such exercise of right but because of their the rites of Mohammedan religion
unauthorized, successive and unilateral absences which produced o Laws such as Art. 133 of RPC (acts offensive to religious feelings)
adverse effects upon their students
o Employees in public service may not engage in strikes or in CASE: Islamic Da’wah Council of PH v Office of the Executive Secretary
concerted and unauthorized stoppage of work Classification of food products as halal is a religious function because the
o Students do not shed their constitutional rights to free speech at the standards used are drawn from the Qur’an and Islamic beliefs.
schoolhouse gate and permitted the students to re-enroll and finish By giving the Office of the Muslim Affairs the exclusive power to classify food
their studies products a halal, EO 46 encroached on the religious freedom of Muslim
o Right to free assembly prevails over economic rights organizations to interpret for Filipino Muslims what food products are fit for
Education of the youth occupies a preferred position over Muslim consumption.
or at the very least equated with freedom of assembly and State has in effect forced Muslims to accept its own interpretation of Qur’an
petition and Sunnah on halal food
HOWEVER, the SC found in one case that petitioners were not sincere in
their profession of religious liberty and were merely using the same in order
SC DECISIONS to openly express their opposition to the government
Upheld the right of the petitioners, public school students, to refuse to salute Such exercise can be regulated by the State when it will bring about a clear
the PH flag on account of their religious scruples and present danger of an evil which the State has the right to prevent
Upheld validity of RA 3350 exempting members of religious sect from being
compelled to join a labor union, even if there is an existing CBA with closed COMPELLING STATE INTEREST TEST
shop or union shop agreement In ascertaining the limits of the exercise of religious freedom, the compelling
Recognized “right to ptoselytize” as part of religious freedom and invalidated state interest test is proper
the application of a City Ordinance imposing license fees on the sale of
merchandise to the sale of religious tracts a) First inquiry – Whether respondent’s right to religious freedom has been
COMELEC’s removal of tarpaulin did NOT violate freedom of religion. The burdened
tarpaulin on its face “does not convey any religious doctrine of the Catholic b) Second Inquiry – Ascertain respondent’s sincerity in her religious belief
church”
The solicitation for religious purposes may be subject to proper regulation by CASE: Estrada v Escritor
the State in the exercise of police power. However, in this case, considering Thus, in case of conflict between the free exercise clause and
that solicitations intended for a religious purpose are not within the coverage the State, the Court adheres to the doctrine of benevolent
of PD 1564 (“charitable or public welfare purposes”), petitioner cannot be neutrality.
held criminally liable. Benevolent neutrality-accommodation, whether mandatory or
Upheld constitutionality of VAT on the sale of religious articles as well as permissive, is the spirit, intent and framework underlying the
their printing and publication Philippine Constitution
Upheld constitutionality of RH Law except certain provisions The benevolent neutrality theory believes that with respect to
o The Court finds no compelling state interest which would limit the these governmental actions, accommodation of religion may be
free exercise clause of the conscientious objectors, however few in allowed, not to promote the government's favored form of
number. Only the prevention of an immediate and grave danger to religion, but to allow individuals and groups to exercise their
the security and welfare of the community can justify the religion without hindrance. "The purpose of accommodation is
infringement of religious freedom. If the government fails to show to remove a burden on, or facilitate the exercise of, a person's
the seriousness and immediacy of the threat, State intrusion is or institution's religion."
constitutionally unacceptable. "What is sought under the theory of accommodation is not a
o Freedom of religion means more than just the freedom to believe. It declaration of unconstitutionality of a facially neutral law, but an
also means the freedom to act or not to act according to what one exemption from its application or its 'burdensome effect,'
believes. And this freedom is violated when one is compelled to act whether by the legislature or the courts."
against one's belief or is prevented from acting according to one's Benevolent neutrality recognizes that government must pursue
belief. its secular goals and interests but at the same time strives to
o Apparently, in these cases, there is no immediate danger to the life uphold religious liberty to the greatest extent possible within
flexible constitutional limits. Thus, although the morality
or health of an individual in the perceived scenario of the subject
contemplated by laws is secular, benevolent neutrality could
provisions.
allow for accommodation of morality based on religion,
The constitutional guarantee of free exercise of religious profession and
provided it does not offend compelling state interests.
worship carries with it the right to disseminate religious information and any HELD: In applying the test, the first inquiry is whether
restraint of such right can be justified only on the ground that there is a clear respondents right to religious freedom has been burdened.
and present danger of an evil which the State has the right to prevent There is no doubt that choosing between keeping her
Also, in the case of the suspension of the TV program “Ang Dating Daan”, employment and abandoning her religious belief and practice
the SC said that Soriano’s exercise of religious beliefs CANNOT take and family on the one hand, and giving up her employment and
precedence over the right and duty of the State as parens patriae. The keeping her religious practice and family on the other hand,
interest of the Government in protecting children who may be subjected to puts a burden on her free exercise of religion. The burden on
petitioner’s invectives must take precedence over his desire to air publicly respondent in the case at bar is even greater as the price she
his dirty laundry has to pay for her employment is not only her religious precept
but also her family which, by the Declaration Pledging Refusal of government to allow petitioner’s return to PH for it will endager
Faithfulness, stands honorable before God and men. national security = valid (Marcos v Manglapus)
The second step is to ascertain respondents sincerity in her Court may validly refuse to grant accused permission to travel abroad even if
religious belief. Respondent appears to be sincere in her accused is out on bail = valid
religious belief and practice and is not merely using the Hold departure order (HDO) is an inherent power of the court to preserve
Declaration of Pledging Faithfulness to avoid punishment for and maintain effectiveness of its jurisdiction over the case and over the
immorality. She did not secure the Declaration only after person of the accused
entering the judiciary where the moral standards are strict and o By posting bail, the accused holds herself amenable at all times to
defined, much less only after an administrative case for orders and processes of the court
immorality was filed against her. The Declaration was issued to o Parties with pending cases therein should apply for permission to
her by her congregation after ten years of living together with leave the country from the very same courts which, in the first
her partner, Quilapio, and ten years before she entered the instance, are in the best position to pass upon such applications
judiciary. Ministers from her congregation testified on the and to impose the appropriate conditions therefor since they are
authenticity of the Jehovahs Witnesses practice of securing a conversant with the facts of the cases and the ramifications or
Declaration and their doctrinal or scriptural basis for such a implications
practice UDHR – everyone has the right to leave and to return his country
o No one shall be arbitrarily deprived of the right to enter his own
country
VIII. LIBERTY OF ABODE AND OF TRAVEL
Section 6. The liberty of abode and of changing the same within the limits prescribed
IX. RIGHT TO INFORMATION
by law shall not be impaired except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national security, public safety, or
Section 7. The right of the people to information on matters of public concern shall be
public health, as may be provided by law.
recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such
LIMITATIONS
limitations as may be provided by law.
1) Abode: Lawful order of the court
2) Travel: Interest of national security, public safety and public health; lawful
order of the court
SCOPE OF RIGHT
Inclusions of negotiations leading to the consummation of the transaction
ABODE
o Otherwise people can never exercise the right if no contract is
Deportation of some 170 women of ill-repute in Davao on order of Mayor of
Manila was declared to be unlawful consummated or if one is consummated, it may be too late for the
public to expose its defects
A maid has a right to transfer to another residence even if she had not yet
paid the amount advanced for her transportation from the agency which was Right only affords access to records, documents and papers, which means
then effectively detaining her because of moral duress exerted on her the opportunity to inspect and copy them at his expense
o It is subject to reasonable regulations to protect integrity of public
HOWEVER, respondents were justified in requiring members of certain non-
Christian tribes to reside only within a reservation. This was intended to records and to minimize disruption of government operations
promote better education and advancement (Rubi v Provincial Board of
Mindoro) EXCEPTIONS (does not extend to the ff:)
a) Matters recognized as privileged information rooted in separation of powers
Universal Declaration on HR – everyone has the right of freedom of
b) Information on military and diplomatic secrets
movement and residence within the border of each State
c) Information affecting national security
d) Information of investigations of crimes by law enforcement agencies before
TRAVEL
the prosecution of the accused
An AO issued by Sec. of Labor temporarily suspending the deployment of
e) Trade and Industrial Secrets
Filipino female domestic helpers abroad to protect them from exploitation
and abuse by foreign employers = valid
NEED FOR PUBLICATION OF LAWS REINFORCES THIS RIGHT
Mysterious pronouncements and rumored rules cannot be recognized as Section 8. The right of the people, including those employed in the public and private
binding unless their existence and contents are confirmed by a valid sectors, to form unions, associations, or societies for purposes not contrary to law
publication intended to make full disclosure and give proper notice to the shall not be abridged.
people
conditions, or dispenses with those expressed, or authorizes for its When bail is authorized, it should be granted before arraignment, otherwise
satisfaction something different from that provided in its terms the accused may be precluded from filing a motion to quash. Furthermore,
the court would be assured of the presence of the accused at the
arraignment precisely by granting bail and ordering his presence at any
PURPOSE stage of the proceeding
To safeguard integrity of contracts against unwarranted interference by the When bail is a matter of right, petitioners are entitled to bail before conviction
State by the trial court
Contracts should not be tampered with by subsequent laws which would
change or modify rights and obligations of parties
EXCEPTIONS
When charged with an offense punishable by reclusion perpetua and
LIMITATIONS evidence of guilt is strong
1) Police Power – public welfare is superior to private rights Not available to military
2) Eminent Domain
3) Taxation DUTY OF THE COURT
When the accused is charged with an offense punished by reclusion
perpetua, a hearing on the motion for bail shall be conducted by the
NOTE: Franchises, privileges, licenses do not come within the context of the
judge to determine whether or not the evidence of quilt is strong
provision. Such laws may be validly amended by the Chief Executive when national
Whether the motion for bail of an accused who is in custody for a capital
interest so requires. They are not contracts within the purview of the due process offense be resolved in a summary proceeding or in the course of a regular
clause. trial, the prosecution must be given an opportunity to present, within a
reasonable time, all the evidence that it may desire to introduce before the
XII. FREE ACCESS TO COURTS court may resolve the motion for bail. If the prosecution should be denied
such an opportunity, there would be a violation of procedural due process,
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal and the order of the court granting bail should be considered void on that
assistance shall not be denied to any person by reason of poverty. ground
Purpose: to set an individual to liberty Purpose: for protection If person in whose behalf the writ was issued cannot be found, burden of
proof of actual release lies with the officers who detained them and who
It is technically only a procedural remedy; Intended to protect all rights other than claim to have effected the released
it is a guarantee against any detention physical liberty, which may be protected All courts of competent jurisdiction may entertain petitions for habeas
that is forbidden by law, but it does not instead by habeas corpus remedies. corpus to consider released of petitioners convicted of violation of CDDA
necessarily protect other rights, such as Thus, in the same way that habeas provided then have served the maximum term of applicable penalties
the entitlement to a fair trial. So if an corpus guarantees physical freedom, Petition may be denied if the conditional pardon is cancelled
imposition such as internment without amparo protects other basic rights. The Mere loss of judicial records will not entitle the convict to be released on a
trial is permitted by the law then habeas doctrine has a broad scope writ
corpus may not be a useful remedy. encompassing not just illegal detention
nor actual violations, but also the FAILURE TO COMPLY WITH THE WRIT
prevention of possible violations, of Contempt of court
human rights and other constitutional
guarantees. GROUNDS FOR SUSPENSION:
Invasion or rebellion when public safety requires it
Can be suspended Cannot be suspended
60 days Duration
48 Report to Congress personally or in writing
WHEN AVAILABLE?
24 hours Convene, voting jointly by vote at least majority to revoke or
1) When there is unlawful restraint
extend
2) As a consequence of judicial proceeding
30 days from filing SC may review factual findings through an appropriate
a. There has been deprivation of a constitutional right resulting to
proceeding filed by any citizen
restraint of person;
3 days Any person arrested during the suspension of the writ shall
b. Court has no jurisdiction to impose the sentence;
be judicially charged other wise released.
c. Excessive penalty has been imposed-void as to the excess
3) Rightful custody of person is withheld from the person entitled thereto.
4) Moral restraint being exerted by an employer to prevent housemaid from Suspension of privilege does not automatically suspend right to bail
leaving Suspension shall apply only to persons judicially charged for rebellion or
5) Unlawful denial of bail offenses inherent in or directly connected with invasion
a. Detained in the hospital, applicable? Yes
b. Kasambahay detained, applicable? Yes
XV. SPEEDY DISPOSITION OF CASES
WHEN WRIT WILL NOT ISSUE
1) Person detained under the a process issued by the court which has Section 16. All persons shall have the right to a speedy disposition of their cases
jurisdiction to do so. Even if in the inception the detention was illegal but before all judicial, quasi-judicial, or administrative bodies.
supervening events, such as issuance of a judicial process, may prevent the
discharge of the detained person Not limited to the accused (in relation to Right to Speedy Trial) but extends to
2) When already been charged and ordered deported by the Bureau of all parties in a case
Immigration and Deportation Included civil and administrative cases, and in all proceedings including
3) Person detained and applied for and was released on bail judicial or quasi-judicial
4) Marital rights of living in a conjugal dwelling cannot be enforced by the writ Violated only when proceedings are attended by vexatious, capricious, and
5) That preliminary investigation was invalid and that the offense had already oppressive delays, or when unjustified postponements are asked without
prescribed do not constitute valid grounds for the issuance writ cause or justifiable motive
o File a motion to quash the warrant of arrest or information Mere mathematical reckoning of the time involved would not be sufficient
6) Restrictive custody and monitoring of movement - no illegal detention Applies not only during trial but even when the case has already been
submitted for decision
FACTORS TO BE CONSIDERED
a) Length of delay
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POLITICAL LAW FINALS REVIEWER (2nd half)
b) Reasons of the delay a) Transactional Immunity- granted any person whose testimony or possession
c) Assertion of failure to assert such right; of documents is necessary or convenient to determine the truth in any
d) Prejudiced caused by the delay investigation conducted by it or within its authority which makes the witness
immune from criminal prosecution for an offense to which his compelled
Failure of the office of the Ombudsman to act on the complaint that has been testimony relates
pending for 6 years is violative of the the right to speedy disposition of cases. b) Use and Fruit Immunity-prohibits the use of the witness’ compelled testimony
Thus, a party is entitled to the dismissal of the complaint. and its fruits in any manner in connection with the criminal prosection of the
If the case is so complex as to involve 41 respondents were required to filed witness
counter-affidavits, and most respondents filed for an extension-no violation
Extends to all citizens including the military and covers the period, before, WAIVER - May be waived by:
during and after trial a) Express
Failure to assert the right seasonable may be deemed as a waiver of such b) Failure to invoke it
right a. Provided that the waiver is certain and unequivocal and intelligently
made
XVI. SELF-INCRIMINATION
RIGHTS OF PERSON SUSPECTED OF HAVING COMMITTED A CRIME
Section 17. No person shall be compelled to be a witness against himself. a. Before the case is filed in court/ or prosecutor for preliminary investigation,
and after taking into custody:
i. Right to be silent
AVAILABILITY ii. Right to counsel
Not only in criminal prosecution but also in all other government proceedings iii. Be informed thereof
including civil actions and administrative or legislative investigations. iv. Not to be subject to force, violence, threat, intimidation or
Claimed not only by the accused but also by any witness to whom a question any other means which vitiates the free will;
calling for an incriminating answer is addressed v. Have evidence obtained in violation of these rights
Shall apply to a respondent in an administrative proceeding where he may rejected and inadmissible
be subject to sanctions of a penal character b. After filing in court
i. Refuse to be a witness
A. Ordinary Witness: Can only be invoked only when asked a question calling ii. Not to have any prejudice whatsoever for such refusal;
for an incriminating answer is asked. iii. To testify on his own behalf, subject to cross examination
B. Accused, in a criminal prosecution cannot be compelled to take the witness iv. While testifying, refuse to answer a specific question the
stand. answer which tends to incriminate him for some crime
other than for which he is being prosecuted.
SCOPE
Only testimonial compulsion. Does not apply where the evidence sought to NON-DETENTION BY REASON OF POLITICAL BELIEFS OR ASPIRATIONS
be excluded is not an incriminating statement but an object evidence. No person shall be detained solely by reason of his political or religious
Prohibition extends to the compulsion for the production of documents, beliefs.
papers, and chattels that may be sued as evidenced against the witness
o Except when the State has a right to inspect the same. INVOLUNTARY SERVITUDE
o But if the subpoena duces tecum is directed to a gov’t official GR: No involuntary servitude in any from shall exist except as punishment
having custody of the official documents/ public records which are for a crime whereof the party shall have been duly convicted.
in their possession, there is not violation Exceptions:
Privilege also protects the accused against any attempt to compel him to 1. Punishment for a crime whereof one has been duly convicted
furnish a specimen of his handwriting in connection with a prosecution for 2. Service in defense of State
falsification. 3. Naval Enlistment
4. Posse Comitatus (power of the county) - to designate the cases and the
method when and by which the people of the town (pueblo) may be
2 KINDS OF IMMUNITY called upon to render assistance for the protection of the public and the
preservation of peace and order.
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POLITICAL LAW FINALS REVIEWER (2nd half)
5. Return to work order in industries affected with public interest either shall constitute a bar to another prosecution for the same act.
6. Patria potestas
REQUISITES
RH Law provision requiring health care providers for volunteer pro bono RH 1) Valid complaint or information
services does not amount to involuntary servitude. Practice of medicine is does not attach in PI
imbued with public interest and no penalty is imposed should they do 2) Filed before a competent court
otherwise. No DJ will attach even of the accused had already been arraigned If
the court does not have the proper jurisdiction
PROHIBITED PUNISHMENTS 3) To which he had pleaded
1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman NO DJ, if accused had not been arraigned
punishment inflicted. Neither shall the death penalty be imposed, unless for Motion to Quash filed before the accused makes his plea can be
compelling reasons involving heinous crimes, the Congress hereafter appealed by the prosecution because there is still no jeopardy
provides for it. Any death penalty already imposed shall be reduced to RP 4) Defendant was previously acquitted or convicted or the cases dismissed or
2) The employment of physical, psychological, or degrading punishment
otherwise terminated without his express consent
against any prisoner or detainee, or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Mere filing of two informations or complaints charging the same
Mere severity does not constitute cruel or unusual punishment offense does not yet afford the accused in those cases the
To violate the constitutional guarantee the punishment must be flagrantly occasion to complain that he is being placed in DJ
and plainly oppressive, wholly disproportionate to the nature of the offense The accused must have already been acquitted or convicted
as to shock the moral sense of the community No DJ where the accused was sentenced on plea-bargaining
Indeterminable period of imprisonment does not make it cruel or unusual. approved by the court but without the consent of the fiscal
However, it is unconstitutional for being an invalid delegation of legislative No DJ if the criminal case was mistakenly dismissed during a
power hearing which was earlier cancelled and removed from the court
Death penalty is not a cruel or unusual punishment calendar that day
Mechanical failure in the electric chair prevented the execution of the Re-taking of testimony when the transcript of steno notes are
convict- not unusual or cruel as there is no intent to to inflict unnecessary incomplete and a new judge take over the case –there is no DJ
pain Promulgation of on only a part of the decision is not a bar to the
Suspension of the execution of death sentence is not usurpation of
promulgation of the remaining and there is no DJ
presidential power of reprieve, although the effect tis the same
A judgment of acquittal by the trial or appellate court is final,
PLEA OF GUILTY IN CAPITAL OFFENSES executory, and unappealable upon its promulgation
Trial court must conduct searching inquiry into the voluntariness of the plea. Dismissal of action on procedural grounds, not an acquittal, does
not give rise to DJ
AUTOMATIC REVIEW But if dismissal was at the instance of the Fiscal because of
On death penalty cases reinvestigation, it was shown that the accused acted only on self
defense, dismissal was without the consent of the accused
NON-IMPRISONMENT FOR DEBT Reinstatement of the information , after the court dismissed the
No person shall be imprisoned for debt or non-payment of a poll tax case at the instance of the prosecution without asking for the
Warrant of arrest was annulled because it was issued due to a charge of consent of the accused gives rise to DJ
willful non-payment of debt
Consent of the accused cannot be implied, it must be expressed
Debtor can be validly punished if he contracted his debt through fraud
If dismissal was made at the instance of the accused the is no DJ
because a crime has been committed
When the ground for the motion to dismiss is insufficiency of
XVII. DOUBLE JEOPARDY evidence, the grant thereof is equivalent to an acquittal
2 year time –bar(more than 6 months/ 1 year time-bar(penalty not
Section 21. No person shall be twice put in jeopardy of punishment for the same exceeding 6 months) for the state to revive criminal case
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
provisionally dismissed with consent of the accused and prior KINDS OF EX POST FACTO LAWS
notice to the offended party 1) Every law that makes criminal an action done before the passage of the law
and which was innocent when done and punishes such action
SC: Filing of an MR after acquittal is a violation of Double Jeopardy. Galman case is 2) Every law that aggravates a crime, or makes it greater than it was when
Pro Hac Vice committed
3) Every law that changes punishment and inflicts a greater punishment than
3 Related Protections Provided by DJ the law annexed to the crime when committed
a) Against 2nd prosecution for the same offense after acquittal 4) Every law that alters the legal rules of evidence and receives less or different
b) Against 2nd prosecution for the same offense after conviction testimony than the law required at the time of the commission of the offense
c) Against multiple punishments for the same offense
in order to convict the offender
5) Every law which, assuming to regulate civil rights and remedies only, in
Acquittal is immediately final and cannot be appealed except when there is a
effect imposes a penalty or the deprivation of a right for something which
finding of mistrial
No DJ is State is deprived of a fair opportunity to prosecute and prove its when done was lawful
case 6) Every law which deprives persons accused of a crime of some lawful
Re-examination of evidence without findings of mistrial violates the right of protection to which they have become entitled, such as the protection of a
the accused against DJ former conviction or acquittal or of a proclamation of amnesty
No DJ if order of dismissal was issued before arraignment and there is an
appeal from the order of dismissal CHARACTERISTICS
There is DJ when judge amended her decision of acquittal after being 1) Refers to criminal matters
promulgated because she had overlooked the testimony of an eyewitness- 2) Retroactive
violation of DJ 3) Prejudicial to the accused
CRIMES COVERED An amendatory law imposing suspension pendent ite not an ex-post facto
Identical offense, any attempt or frustration thereof, or any offense law for being not punitive
necessary included in the offense charged Treaty does not violate expost facto law for not being a piece of criminal
No DJ if the information charges the accused with a different offense even if legislation nor a criminal procedural statute
arises from the same act Imposition of back taxes to property does not violate expost facto law
Charging offender for online libel both under Cybercrime law and Art 353 of
RPC BILL OF ATTAINDER
When an act is punished by a law and an ordinance, conviction or acquittal a) Legislative act that inflicts punishment without trial
on either shall constitute a bar to another prosecution for the same offense b) Substitutes legislative fiat for a judicial determination of guilt
Anti-Subversion Act is not a bill of attainder for it does not specify
DOCTRINE OF SUPERVENING EVENT the Communist Party of the Philippines or the members thereof for
Accused may still be prosecuted for another offense if a subsequent the purpose of punishment
development changes the character of the first indictment under which he
may have already been charged or convicted
place and the intention to return there permanently, and is not dependent
upon citizenship.
Right to elect PH citizenship is an inchoate right; during his minority, the child similarly situated members. It is for this reason that the amendments were
is an alien enacted, that is, in order to remedy this accidental anomaly, and, therefore,
The constitutional and statutory requirements of election apply only to treat equally all those born before the 1973 Constitution and who elected
legitimate children Philippine citizenship either before or after the effectivity of that Constitution.
If a child is illegitimate, he follows the status and citizenship of his only
known parent CASE: De Guzman v COMELEC
It is a political act Contrary to petitioner's claims, the filing of a certificate of candidacy does not
ipso facto amount to a renunciation of his foreign citizenship under R.A. No.
NATURALIZATION 9225. The rulings in the cases of Frivaldo and Mercado are not applicable to
Act of Formally adopting a foreigner into the political body of a nation by the instant case because R.A. No. 9225 provides for more requirements.
clothing him with privileges of a citizen. To wit, Section 5(2) of RA 9225 compels natural-born Filipinos, who have
been naturalized as citizens of a foreign country, but who reacquired or
retained their Philippine citizenship
MODES OF NATURALIZATION (1) To take the oath of allegiance under Section 3 of Republic Act
1) Direct: No. 9225, and
a. Individual through administrative proceedings (2) For those seeking elective public offices in the Philippines, to
b. Special Act of legislature additionally execute a personal and sworn renunciation of any and
c. Collective nationality as a result of cession or subjugation all foreign citizenship before an authorized public officer prior or
d. Adoption of orphan minors as nationals of the State where they are simultaneous to the filing of their certificates of candidacy, to qualify
born as candidates in Philippine elections.
In the instant case, petitioner failed to renounce his American citizenship; as
2) Derivative such, he is disqualified from running for vice-mayor of Guimba, Nueva Ecija
a. Wife of naturalized husband
b. Minor children of naturalized person CASE: Poe-Llamanzares v COMELEC
c. Alien women upon marriage to Filipino Yes, Grace Poe might be and is considerably a natural-born Filipino. For
that, she satisfies one of the constitutional requirements that only natural-
CASE: Tecson v COMELEC born Filipinos may run for presidency.
Since the latter was born on August 20, 1939, governed under 1935 First, there is a high probability that Grace Poe’s parents are Filipinos. Her
Constitution, which constitution considers as citizens of the Philippines those physical features are typical of Filipinos. The fact that she was abandoned
whose fathers are citizens of the Philippines, Fernando Poe, Jr. was in fact a as an infant in a municipality where the population of the Philippines is
natural-born citizen of the Philippines regardless of whether or not he is overwhelmingly Filipinos such that there would be more than 99% chance
legitimate or illegitimate that a child born in such province is a Filipino is also a circumstantial
evidence of her parents’ nationality. That probability and the evidence on
CASE: Co v HRET which it is based are admissible under Rule 128, Section 4 of the Revised
Ong is a natural born Filipino and a resident of Laoang, Northern Samar. The Rules on Evidence. To assume otherwise is to accept the absurd, if not the
respondent traces his natural born citizenship through his mother, not virtually impossible, as the norm.
through the citizenship of his father. The citizenship of the father is relevant Second, by votes of 7-5, the SC pronounced that foundlings are as a class,
only to determine whether or not the respondent "chose" to be a Filipino natural-born citizens. This is based on the finding that the deliberations of
when he came of age. At that time and up to the present, both mother and the 1934 Constitutional Convention show that the framers intended
father were Filipinos. Respondent Ong could not have elected any other foundlings to be covered by the enumeration. While the 1935 Constitution’s
citizenship unless he first formally renounced Philippine citizenship in favor enumeration is silent as to foundlings, there is no restrictive language which
of a foreign nationality. Unlike other persons faced with a problem of would definitely exclude foundlings either. Because of silence and ambiguity
election, there was no foreign nationality of his father which he could in the enumeration with respect to foundlings, the SC felt the need to
possibly have chosen. examine the intent of the framers.
Under the 1973 Constitution, those born of Filipino fathers and those born of Third, that foundlings are automatically conferred with natural-born
Filipino mothers with an alien father were placed in equal footing. They were citizenship is supported by treaties and the general principles of international
both considered as natural-born citizens. Hence, the bestowment of the law. Although the Philippines is not a signatory to some of these treaties, it
status of "natural-born" cannot be made to depend on the fleeting accident of adheres to the customary rule to presume foundlings as having born of the
time or result in two kinds of citizens made up of essentially the same country in which the foundling is found.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 16
POLITICAL LAW FINALS REVIEWER (2nd half)
NOTE: Petition to cancel COC or deny due course must be filed with the Presidential a. Honorably held office in the Government
Electoral Tribunal b. Established new industry or introduced new invention
c. Married to a Filipino woman
DOCTRINE OF INDELIBLE ALLEGIANCE d. Been engaged as a teacher in the Philippines public or private not
Individual is compelled to retain original nationality even if he has already established for particular nationality or race or any of the branches
renounced or forfeited it under the laws of the state whose nationality he has of education or industry for a period of not less than 2 years
acquired 3) Good moral character, believes in the principle underlying the Philippine
Example: Constitution, conducted himself in a proper and irreproachable manner in
o CA 63 which provides that one of the modes of losing PH relation with the government and community in which he/she is living
citizenship is by subscribing to an oath of allegiance to support the 4) Own real estate worth not less than P5,000.00 or must have some known
Constitution or the laws of a foreign country lucrative trade, profession or lawful occupation
o But under the same law, a Filipino may NOT divest himself of PH 5) Speak and write English or Spanish and any of the principal Philippine
languages
citizenship in this manner when the PH is at war with another
6) Enrolled minor children of school age in any public or private schools
country
recognized by the Government where PH history, government and civics are
taught as part of the school curriculum, during the entire period of residence
PETITION FOR JUDICIAL DECLARATION OF PH CITIZENSHIP
in the PH required of him prior to the hearing pf his petition for Naturalization
Judicial declaration
o Petitioner believes he is a Filipino citizen and asks the court to
DISQUALIFICATIONS
declare or confirm his status as a PH citizen 1) Opposed to organized government or affiliated with those opposed
Judicial naturalization 2) Defending or teaching necessity or propriety of violence, personal assault or
o Petitioner acknowledges that he is an alien and seeks judicial assassination for the success or predominance of their ideas
approval to acquire the privilege of becoming a PH citizen based on 3) Polygamists or believers in polygamy
CA 473’s requirements 4) Convicted of a crime involving moral turpitude
5) Suffering from mental alienation or incurable contagious disease
6) During period of their residence in PH, have not mingled socially with
DIRECT NATURALIZATION UNDER PH LAWS Filipinos, who have not evinced a sincere desire to learn and embrace the
1) Judicial (CA 473) customs, traditions and ideals of the Filipinos
2) Administrative (RA 9139) 7) Citizens or subjects or nations at war with Philippines, during such war
3) Legislative naturalization in the form of a law enacted by Congress 8) Subjects of foreign country whose laws do not grant the same right to
bestowing PH citizenship to an alien Filipinos to become naturalized
PROCEDURE
1) File a declaration of intention 1 year before petition with OSG
JUDICIAL NATURALIZATION UNDER CA 473 Except:
i. Born in Philippines AND received primary and secondary
QUALIFICATIONS education in public or private schools
1) Not less than 21 years old on the date of the hearing of the petition ii. Resided in the Philippines for 30 years or more before
2) Resided in the Philippines for a continuous period of not less than 10 years. filing the petition and enrolled children in elementary and
May be reduced to 5 if: high schools recognized by the Government
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 17
POLITICAL LAW FINALS REVIEWER (2nd half)
iii. Widow and minor children of an alien who has declared iv. Not committed an act prejudicial to the interest of the
his intention but dies before he is actually naturalized nation or contrary to any Government announced policies
2) Filing of petition with RTC 8) Oath taking and issuance of Certificate of Naturalization
Accompanied by affidavit of 2 credible, citizens of the Philippines
who personally know the petitioner, as character witnesses. EFFECTS OF NATURALIZATION
i. A foreigner seeking the grant of PH citizenship who fails to 1) Vests citizenship on wife if she may be lawfully naturalized
comply with the period within which to file petition = Naturalized Filipino need not go through the formal process of
DISMISSED naturalization in order to acquire PH citizenship
ii. Opportunity given to foreigner to become a citizen is a i. All she needs to do is to file before the Bureau of
mere privilege and the absence of 1 requirement is fatal to Immigration and Deportation (BID) a petition for
the petition cancellation of her Alien Certificate of Registration (ACR).
3) Publication of Petition ii. She does not have to prove that she possesses the
Requisites of a valid publication under Revised Naturalization Law qualifications for naturalization. She only has to show that
i. Petition and Notice of hearing must be published she does not labor any disqualifications.
ii. Once a week for 3 consecutive weeks in the O.G. and in a iii. Upon the grant of the petition for cancellation of ACR, she
newspaper of general circulation in the province where the may then take the oath of the allegiance to the RPH and
applicant resides thus, become a citizen of the PH
iii. Copies posted in the office of Clerk of Court or in the 2) Minor children born IN the Philippines before naturalization are considered
building where the same is located citizens of the PH
iv. Indicate names of witnesses whom the petitioner proposes 3) Minor child born OUTSIDE the Philippines who as RESIDING in the PH at
to introduce at the trial the time of naturalization is considered a Filipino Citizen
Publication is a jurisdictional requirement. Non-compliance is fatal 4) Minor child born OUTSIDE the Philippines before naturalization shall be
for it impairs the very root of the authority to decide the case, considered Filipino ONLY during minority unless he begins to reside
regardless of whether the one to blame is the clerk of court or permanently in the PH
petitioner or counsel. 5) Child born OUTSIDE the PH after naturalization shall be considered a
Contents of notice of hearing and petition itself must be complete, Filipino provided that he registers as such before any Philippine consulate
copied verbatim. Incomplete notice or petition, even if published, is within 1 year after attaining majority age and takes his oath of allegiance.
no publication at all
Copy of petition to be posted and published should be a textual or GROUNDS FOR DENATURALIZATION
verbatim restatement of the petition filed 1) Naturalization certificate is obtained fraudulently or illegally
Failure to state all details in the notice of hearing, like names of Applicant obtained certificate by misleading the court upon any
witnesses constitutes fatal defect. Publication of affidavit of material fact
witnesses did not cure omission of their names in the notice of Availment of tax amnesty does not have the effect of obliterating his
hearing. lack of good moral character
Naturalization laws should be rigidly enforced and strictly construed 2) If within 5 years, he returns to his native country or to some foreign country
in favor of the Government and against the applicant and establishes residence there.
Naturalization proceedings are imbued with the highest public Provided, that the 1 year stay in the native country, or 2 year stay in
interest a foreign country shall be prima facie evidence of intent to take up
4) Actual residence during proceedings residence in the same
5) Hearing of Petition 3) Invalid declaration of intention
6) Promulgation of decision 4) Minor children failed to graduate through the fault of parent either by
7) Hearing after 2 years proving: neglecting to support or transferring them to another school
At this hearing, the applicant shall show that during the 2-year 5) Allowed himself to be used as a dummy
probation period, applicant has:
i. Applicant has not left the PH NOTE: Although misconduct is committed after 2-year probationary period, conviction
ii. Dedicated himself continuously to a lawful calling or of perjury and rape was held to be valid ground for denaturalization
profession
iii. Not convicted of any offense or violation of rules
RA 9139 CA 473
Born in the Philippines and residing Need not be born here, resided
since birth continuously for 10/5 years
Not less than 18 years of age at the Not less than 21 years at the time of
time of FILING petition HEARING of the petition
Good moral Character, believes in Same
Constitution, conducted himself in
proper and irreproachable manner in
Natural-born citizens of PH who, after the effectivity of the Act, become b. Active service as commissioned or non-commissioned
citizens of a foreign country shall retain their PH citizenship upon taking the officers in the armed forces of their country
aforesaid oath
The unmarried child, whether legitimate, illegitimate or adopted below 18y/o, b) By express renunciation
of those who reacquire PH citizenship upon effectivity of this Act shall be Must be expressly made
deemed PH citizens o How? By applying for foreign citizenship or by obtaining foreign
Those who retain or reacquire PH citizenship under this Act shall enjoy full passport and signing of commercial documents as a foreigner
civil and political rights and be subject to all attendant liabilities and
responsibilities under existing PH laws and the following conditions: c) Subscribing to an oath of allegiance to support the constitution of a foreign
i. Those intending to exercise their right of suffrage must meet the country upon attaining the age of 21.
requirements under the Constitution, Overseas Absentee Voting Except: when the Philippines is at war with that country. (Principle of
Act and other existing laws indelible allegiance)
ii. Those seeking elective public office in PH shall meet the
qualifications for holding such public office as required by the d) Rendering service to or accepting commission in the armed forces of a
Constitution and existing laws and, at the time of the filing of foreign country
COC, make a personal and sworn renunciation of any and all Except:
foreign citizenship before any public officer authorized to o Philippines has a defensive or offensive pact of alliance with the
administer an oath. said foreign country; OR
a. The mere filing of COC is not sufficient. A candidate may o Said foreign country maintains armed forces in Philippines with the
have won the election, took his oath of office and began consent of Philippines
discharging the functions of his office, but such cannot
cure the defect of his candidacy e) Cancellation of certificate of naturalization
b. Dual citizens by naturalization are required to take not
only the oath of allegiance to the Republic, but also to f) Having been declared by competent authority as a deserter of the Armed
personally renounce foreign citizenship in order to forces in time of war
qualify as a candidate for public office. If after he had Unless subsequently, a plenary pardon or amnesty has been granted
renounced his foreign citizenship, he should still use his
foreign passport, he is NOT divested of his Filipino
citizenship which he acquired by taking the oath. REACQUISITION OF CITIZENSHIP
However, by representing himself as a foreign citizen, 1) By taking oath of allegiance (under RA 9225)
he voluntarily and effectively reverted to his status as a 2) By naturalization
dual citizen. Such reversion is NOT retroactive; it takes 3) By repatriation of deserters
place from the moment he represents himself as a 4) By direct act of Congress
foreign citizen by using his foreign passport. As a dual
citizen he is qualified to vote, but by express declaration a) Under RA 9225, by taking the oath of allegiance required of former
under the Local Government Code, he is NOT qualified natural-born citizens who may have lost their PH citizenship by reason of their
to run for local elective office. (Maquiling v. Comelec) acquisition of citizenship of a foreign country
iii. Those appointed to any public office shall subscribe and swear to
an oath of allegiance to the Republic and its duly constituted b) By naturalization, provided the applicant does not possess any of the
authorities prior to their assumption of office; provided, that they disqualifications prescribed in naturalization
renounce their oath of allegiance to the country where they took
that oath c) By repatriation of deserters of Army, Navy or Air Corps, provided that a woman
iv. Those intending to practice a profession in the PH shall apply who has lost her citizenship by reason of her marriage to an alien may be repatriated
with the proper authority for a license or permit to engage in such in accordance with the provisions of this Act after termination of marital status
practice See PD 725 – allows repatriation of former natural-born Filipino citizens who
v. The right to vote or be elected or appointed to any public office in lost PH citizenship
PH cannot be exercised by or extended to, those who: When does repatriation take effect? Retroacted to the date of filing of
a. Are candidates for or are occupying any public office in application.
the country of which they are naturalized citizens; and/or
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 21
POLITICAL LAW FINALS REVIEWER (2nd half)
o Candidate completed all requirements for repatriation only after he III. LEGISLATIVE DEPARTMENT
filed his COC for mayoralty position, but before elections. HELD:
repatriation retroacted to Dec. 17, 1997, thus, qualified to run for Legis – latin
2004 elections Parliament – french parlIament – to speak
Effect of Repatriation – allows the person to recover, or return to his
original status before he lost his Philippine citizenship (Bengzon III v. House Congressus – latin – we meet together
of Representatives)
History of House and Senate
o Former natural-born lost PH citizenship when he enlisted in the US
Marine Corps, was deemed to have recovered his natural-born Charles Pickney - House and senate, commander in chief, state of the nation
status when he reacquired Filipino citizenship through repatriation address
RA 8171 – governs repatriation of Filipino women who may have lost PH USA – origin
citizenship by reason of marriage to aliens, as well as repatriation of former o US Constitution Convention, there were 3 plans, namely:
natural-born Filipino citizens who lost PH citizenship on account of political Virginia plan – 3 rep should be proportional to the
or economic necessity, including minor children, provided the applicant is not population
a person: New jersey plan – House and Senate equal
o Opposed to organized government or affiliated with any association representation, how to resolve – meet halfway
or group of persons who uphold and teach doctrines opposing Connecticut plan – which is followed in the PH, House will
organized government be based on population, while Senate will be based on
o Defending or teaching necessity of violence, personal assault or equal representation
assassination for predominance of his ideas Philippines
o Convicted of crime involving moral turpitude; or o Malolos – unicameral, parliamentary
o Suffering from mental alienation or incurable contagious disease o Bill 1902 - Philippine Commission – upper; Phil Assembly -lower
house
To avail of RA 8171, children must be of minor age at the time when petition
o 1907 - first election women cannot vote, until 1935 constitution
for repatriation is filed by parent. This is so because the child does not have
o Jones Law of 1960 - bicameral
legal capacity to undertake a political act like election of citizenship
o Commonwealth - Unicameral
o Quezon wanted bicameral - thus amending 1935 consti
NOTE: Repatriation is effected by taking the necessary oath of allegiance to
o 1973 - Batasang Pambansa; unciameral
the Republic and registration in the proper Civil
o 1987 - 22 v 23 votes in favor of bicameral
Registry and in the Bureau of Immigration and Deportation
INITIATIVE REFERENDUM
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 22
POLITICAL LAW FINALS REVIEWER (2nd half)
However, those against such action may, if they so desire, apply for
Propose amendments to Constitution Power of the electorate to approve or initiative
or to propose and enact legislation reject legislation through an election
through an election called for the called for the purpose
purpose
3 systems of initiative: 2 classes: CONGRESS
a) Initiative on the Constitution – a) Referendum on statutes – refers to
refers to the petition proposing a petition to approve or reject an act The legislative power shall be vested in the Congress of the Philippines
amendments to the Constitution or law, or part thereof, passed by which shall consist of a Senate and a House of representatives,
Congress except to the extent reserved to the people by the provision on initiative
b) Initiative on Statute – petition and referendum. (Section 1. Article VI)
proposing to enact a national Shows a Bi-cameral Congress
legislation b) Referendum on local law –
refers to a petition to approve or o Bi-Cameral Conference Committee – Compromises
reject an act or law, resolution or differences between the senate and the HR. Members of
c) Initiative on Local Legislation – ordinance enacted by the regional which come from both houses. As such, it can go beyond the
petition proposing to enact a regional, assemblies and local legislative mandate of both houses. (Philippine Judges Assoc. Vs.
provincial, city, municipal or barangay bodies Prado)
law, ordinance or resolution
House of Senate Party-list Nominees
Representatives
Indirect initiative – exercise of Qualifications
initiative by the people through a Natural-born citizen Natural-born citizen Natural-born citizen
proposition sent to Congress or At least 25 y/o At least 35 y/o At least 25 y/o
local legislative body for action
Prohibited measures
Youth sector: cannot be
The following cannot be subject of an initiative or referendum:
older than 30 y/o
a) Petition embracing more than one subject
Read and write (except Read and write
b) Statutes involving emergency measures, the enactment of which is
party-list representative)
specifically vested in Congress by the Constitution, cannot be subject to
Registered voter in the Registered voter Bona fide member of
referendum until 90 days after their effectivity
district in which shall be the party or organization
elected which he seeks to
represent for at least 90
days preceding the day
of elections
“Reserved to the People” - is not a self-executing provision, but is a mandate by the
constitution. Resident in the district Resident of the PH for
In this light, Congress has enacted RA 6735 which is limited only for a period of not less not less than 2 years
to Initiatives on Statutes. (Defensor-Santiago vs. COMELEC) than 1 year immediately immediately preceding
preceding the day of the day of elections
LOCAL INITIATIVE elections
1. Not less than 2,000 registered voters in case of autonomous regions Term
2. Not less than 1,000 in case of provinces and cities 3 years commencing at 6 years commencing at 3 years
3. 100 in municipalities noon on the 30th day of noon on the 30th day of
4. 50 in case of barangays June next following their June next following their
elections elections
File a petition with the Regional Assembly or local legislative body, Limitation
respectively, proposing the adoption, enactment, repeal, or Shall not serve for more No Senator shall serve
amendment of any law, ordinance or resolution. than 3 consecutive for more than 2
terms consecutive terms.
Limitations on Local Initiative Voluntary renunciation
1. Shall not be exercised more than once a year of office for any length
2. Shall extend only to subjects or matters which are within the legal powers of time shall not be
of the local legislative bodies to enact
considered as an
3. If at any time, before initiative is held, the local legislative body shall
interruption in the
adopt in toto the proposition presented, the initiative shall be cancelled.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 23
POLITICAL LAW FINALS REVIEWER (2nd half)
continuity of his service Constitution does not preclude Congress from increasing its membership by
for the full term for passing a law other than a general apportionment law. (Mariano v
which elected COMELEC)
o Reapportionment of legislative districts may be made through a
special law enacted by the Congress. To hold that reapportionment
can be made only through a general law would create an
COMPOSITION inequitable situation where a new city or province created by
1) Senate – The Senate shall be composed of 24 Senators who shall be Congress will be denied legislative representation for an
elected at the large by the qualified voters of the Philippines, as may be indeterminate period of time. (Tobias v Abalos)
provided by law. (Section 2. Article VI)
The creation of a new province or legislative districts by a Regional
2) House of Representatives – not more than 250 members, unless otherwise Assembly of ARMM is unconstitutional as it is not within its powers. Its power
provided by law consisting of district, party-list and sectoral representatives to create government units extends only to Barangays and Municipalities.
Only Congress has the power to create provinces and consequently another
position for a representative (SEMA vs. COMELEC)
HOUSE OF REPRESENTATIVES
o Basis: Nothing in Art. 10, Sec. 20 of the Constitution, authorizes
autonomous regions, expressly or impliedly, to create or
District Party-list Sectoral
reapportion legislative districts
Representatives Representatives Representatives
o Basis: Art. 6 Sec. 19 of RA 9054, granting ARMM Regional
Elected from legislative Shall constitute 20% of For 3 consecutive terms
Assembly the power to create provinces and cities is void for being
districts apportioned the total number of after the ratification of
contrary to Art. 6, Sec. 5 and Art. 10, Sec. 20 of the Ordinance
among the provinces, representatives, elected the Constitution, ½ of
appended to the Constitution
cities and metropolitan through a party-list the seats allocated to
Manila area system of registered party-list reps shall be Requisites: (creation of LGUs)
national, regional, and filled, as provided by i. In accordance with the LGC
sectoral parties or law, by selection or ii. Plebiscite
organizations election from the labor, iii. Not contrary to the Constitution
peasant, urban poor,
indigenous cultural QUALIFICATIONS OF MEMBERS OF THE HOUSE
communities, women, SC upheld the qualification of Mrs. Imelda Romualdez-Marcos despite her
youth, and such other own declaration in her COC that she had resided in the district for only 7
sectors as may be months, because of the ff:
provided by law, except a) A minor follows the domicile of his parents
the religious sector b) Domicile of origin is lost only when there is actual removal or
change of domicile, a bona fide intention of abandoning the former
APPORTIONMENT OF LEGISLATIVE DISTRICTS residence and establishing a new one, and acts which correspond
Question of validity of an apportionment law is a justiciable question with the purpose; in the absence of clear and positive proof of
Congress to make reapportionment of legislative districts within 3 years concurrence of all these, the domicile of origin should be deemed to
following the return of every census continue
Apportionment shall be made in accordance with the number of c) Wife does not automatically gain the husband’s domicile because
respective inhabitants, on the basis of a uniform and progressive ratio: the term “residence” in Civil Law does not mean the same thing in
i. Each city with not less than 250,000 inhabitants shall be Political Law
entitled to at least 1 representative
d) Even assuming she gained a new domicile after her marriage and
ii. Each province, irrespective or number of inhabitants is
entitled to at least 1 representative acquired the right to choose a new one only after her husband died,
Each legislative district shall comprise, as far as practicable, contiguous, her acts following her return to the country clearly indicated that she
compact and adjacent territory to prevent gerrymandering chose Tacloban as her domicile of origin, as her domicile of choice
o Gerrymandering - is a practice that attempts to establish a political Abandonment of domicile in PH: (examples)
advantage for a particular party or group by manipulating o Immigration to the US by virtue of acquisition of a “green card”
geographic boundaries to create partisan, incumbent-protected o Enlisting in the US Navy
districts
d. Receiving support from any foreign gov’t, foreign political party iv. In which case, the name of the substitute nominee shall be
whether directly or indirectly for partisan election purposes placed last in the list
e. Violates or fails to comply with election rules and regulations
f. Declares untruthful statements in its petition NOTE: Incumbent sectoral representatives in the House who are nominated
g. Ceased to exist for at least one year in the party-list system shall NOT be considered resigned.
h. Fails to participate in the last two preceding elections or fails to
obtain at least 2% of the votes cast under the party-list system in NOTE: RA 7941 expressly requires a party-list group to submit a list
the 2 preceding elections for the constituency in which it has containing at least 5 qualified nominees. Failure to submit the list of 5
registered. nominees before election warrants the cancellation of the party-list
registration. It is considered, as a statutory requirement for the registration of
Basis of COMELEC’s power: Art. 9-C, sec. 2 (5) of the Constitution party-list groups and the submission of this list is part of the party’s
Complaint for cancellation of party-list registration, aside from disqualification continuing compliance with the law to maintain its registration. The party
of party-list nominee, provides a “plain, speedy and adequate remedy” must prove not only its continued possession of the requisite qualifications
against a party-list organization alleged to have failed to comply with but equally, its compliance with the basic requirements of the law.
COMELEC’s resolution so submit documentary evidence to prove that they
belong to a particular sector. QUALIFICATIONS
Track record – is not required in registration. It is a record of past a) Natural-born citizen
performance as an indicator of likely future performance. Nowhere in RA b) Registered voter
7941 is it mandated that groups seeking registration must submit evidence c) Resident of PH for at least 1 year immediately preceding the day of election
that show track record as a group (Abang Lingkod v COMELEC) d) Able to read and write
e) At least 25 y/o on the day of election
NOTE: Moral disapproval, without more, is not a sufficient governmental interest to f) Youth sector: cannot be older than 30 y/o on the day of election
justify exclusion of homosexuals from participation in the party-list system. The LGBT g) Bona fide member of the party or organization which he seeks to represent
is a sector that can be represented in the system even if it is not specifically for at least 90 days preceding the day of elections
enumerated in the law. The crucial element is not whether a sector is specifically
enumerated, but whether a particular organization complies with the requirements of MANNER OF VOTING
the Constitution and RA 7941 (Ang LADLAD LGBT Party v COMELEC) Every voter entitled to 2 votes
i. Candidate for HR in his legislative district
NOTE: The COMELEC may, motu propio, cancel after due notice and hearing, the ii. Vote for the party, organization or coalition he wants represented in
registration of any party-list organization, if it violates or fails to comply with laws, HR, provided that a vote cast for a party not entitled to be voted for
rules and regulations relating to elections. But where a party-list group was not shall NOT be counted
apprised of a material requirement regarding a party-list’s qualification, thus denying NUMBER
the party-list group the opportunity to answer this issue squarely, the SC held that Party-list representatives shall constitute 20% of the total number of the
such group was denied due process. members of HR including those under party-list.
1) The 20% allocation – the combined number of all party-list o Religious denominations cannot be registered as a political party.
congressmen shall not exceed 20% of the total membership of the But, a religious individual may run in an elective position.
HR (INCLUDING THE PARTY LIST) o Party must not be disqualified under RA 7491
o Party must not be an adjunct of an entity or project funded by the
2) The 2% threshold – Only those parties garnering at least 2% of government
total valid votes cast for the party-list system are qualified to have a o Party and nominees must comply with the requirements of the law
seat in the house o Nominee must also represent a marginalized or under-represented
o Example: sector
o 10M votes cast o Nominee must be able to contribute to the formulation and
o 2% x 10M = 200k enactment of appropriate legislation that will benefit the nation
o For every 200k = 1 seat
o But only to the extent of 3 seats. CASE: BANAT v COMELEC
o What do you do with remaining seats? In determining the allocation of seats for party-list representatives under
COMELEC: Give it to unqualified, as is Section 11 of R.A. No. 7941, the following procedure shall be observed:
expected in a democratic society. o The parties, organizations, and coalitions shall be ranked from the
SC: NO! The issue of democracy lies highest to the lowest based on the number of votes they garnered
with congress, not with COMELEC. during the elections
o The 20 % allocation is merely a ceiling, not mandatory. o The parties, organizations, and coalitions receiving at least 2% of
the total votes cast for the party-list system shall be entitled to one
3) The 3-seat limit – each qualified party, regardless of the number of guaranteed seat each
votes it actually obtained, is entitled to a maximum of 3 seats o Those garnering sufficient number of votes, according to the
o 1 qualifying ranking in paragraph 1, shall be entitled to additional seats in
o 2 additional proportion to their total number of votes until all the additional seats
o To avoid one party-list getting all the seats are allocated
o Each party, organization, or coalition shall be entitled to not more
4) Proportional representation – Additional seats which a qualified than 3 seats.
party is entitled to shall be computed in “proportion to their total In computing the additional seats, the guaranteed seats shall no longer be
number of votes” included because they have already been allocated, at one seat each, to
o Formula for additional seats = every two-percenter. Thus, the remaining available seats for allocation as
“additional seats” are the maximum seats reserved under the Party List
Votes cast for Qualified Party x Allotted seats for First P System less the guaranteed seats.
Votes cast for First Party 2 Steps in 2nd round of allocation:
o First, the percentage is multiplied by the remaining available seats
CASE: Ang Bagong Bayani - OFW Labor Party v COMELEC (which is the difference between the maximum seats reserved
Issue: What do you do with the votes cast for the unqualified party, are the under the Party-list system and the guaranteed seats of the 2
VALID or STRAY VOTES? percenters). The whole integer of the product of the percentage and
HELD: STRAY VOTES. the remaining available seats corresponds to the party’s share in
o RA 7941 expressly provides that votes cast for an Unqualified Party the remaining available seats
shall NOT be counted. o Second, assign 1 party-list seat to each of the parties next in rank
o The Labo Doctrine is not applicable on disenfranchisement is not until all available seats are completely distributed.
applicable because the doctrine involves SINGLE elective Fractional seats are disregarded in the absence of a provision in RA 7941
positions. allowing for a rounding off of fractional seats.
Guidelines for entitlement of seats
o Represent marginalized and under-represented sectors CHOOSING PARTY-LIST REPRESENTATIVES
o Major political parties must comply with this statutory policy Proclaimed by the COMELEC based on the list of names submitted by the
o Party must be subject to the express constitutional prohibition respective parties, according to their raking
against religious sects
EFFECT OF CHANGE OF AFFILIATION
He shall forfeit his seat One rationale behind confinement, whether pending
Provided that if changes political party or sectoral affiliation within 6 months appeal or after final conviction, is public self defense
before an election, he shall not be eligible for nomination as party-list which State seeks to redress
representative under his new party or organization. It would amount to creation of a privileged class
Accused is provided with an office at the House with full
VACANCY staff and an office at the New Bilibid Prison where he
Shall be automatically filled by the next representative from the list of attends to his constituents; he has, therefore, been
nominees in the order submitted to the COMELEC by the same party who discharging his mandate as a member and being a
shall serve the unexpired term. If list is exhausted, the party shall submit detainee, he should not even be allowed by prison
additional nominees. authorities to perform these acts
In Trillanes v Judge Pimentel, the SC reiterated the above ruling
CONGRESS: Common Provisions despite his defense that the ruling does not apply to him since he is a
mere detention prisoner and is not charged with a crime involving
ELECTION moral turpitude. The Court said that presumption of innocence does
1) Regular not necessarily carry with it the full enjoyment of civil and political
2) Special – elected member shall serve only for the unexpired portion of the rights.
term
2) Freedom of Speech and Debate - No member shall be questioned nor be
SALARIES held liable in any other place for any speech or debate in the congress or in
1) Determined by law any committee thereof.
2) No increase until after the expiration of the full term of all member of a. Any other place – Even in Courts
Congress. b. But if delivered in the Senate or HR, he may be subject to
Disciplinary actions. (Osmena vs. Pendaton)
PRIVILEGES
1) Freedom from arrest Member of Congress may be held to account for such speech or
a. In all offenses punishable by not more that 6 years imprisonment debate by the HR to which he belongs
b. While Congress is in Session
DISQUALIFICATIONS
Reinforced by Art. 145 of the RPC - VIOLATION OF PARLIAMENTARY 1) Incompatible Office
IMMUNITY
o Penalty of Prision Mayor shall be imposed upon any person who No Senator or Member of the HR may hold any other office or employment
shall use force, intimidation, threats or fraud to prevent any in the Government or any subdivision, agency, or instrumentality thereof
member of National Assembly from attending the meetings of the including GOCC or their subsidiaries during his term without forfeiting his
Assembly or of any of its committees... from expressing his seat.”
opinions or casting his vote.
o Penalty of Prision Correccional shall be imposed upon any public o GR: Forfeiture of the seat shall be automatic upon member’s
officer or employee who shall, while the Assembly is in regular or assumption of such other office deemed incompatible with his seat
special session, arrest or search any member thereof except in in Congress
case such member has committed a crime punishable by a o Except: when member holds the other government office in an ex-
penalty higher than prision mayor. (6 years and 1 day to 12 years) officio capacity
To reconcile, it must be “a penalty of prision mayor or Higher” NOTE: In Liban v Senator Gordon, petitioners challenged the continued
In Pp v Jalosjos, the SC denied motion that he be allowed to discharge incumbency of Sec. Gordon as Chairman of PH National Red Cross, saying
the duties of a Congressman despite his having been convicted of a that it constituted a violation of this provision. However, the SC declared
non-baliable offense. The denial was premised on the ff grounds: several provisions of RA 95 (PNRC’s charter) as unconstitutional, inasmuch
Membership in Congress does not exempt an accused as PNRC was not a government agency or instrumentality.
from statues and rules which apply to validly incarcerated
persons The Court REVERSED this decision. It then upheld the validity of RA 95. It
ruled that PNRC can neither be classified as an instrumentality of the State,
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 28
POLITICAL LAW FINALS REVIEWER (2nd half)
He shall not intervene in any matter before any office of the Government for OFFICERS
his pecuniary benefit or where he may be called upon to act on account of 1) Senate President
his office. 2) Speaker of the House
What is prohibited is PERSONALLY appearing as counsel a. Majority vote of all its respective members
Upon assumption of Office, he must make a full disclosure of financial and b. Each house shall choose such other officers as it may deem
business interest. necessary
He must notify the house of any potential conflict of interest that may arise
from the filing of a proposed legislation of which they are authors. QUORUM
Majority of each House, but a smaller number may adjourn from day to day
and may compel the attendance of absent members in such manner and
under such penalties as such House may determine.
The basis in determining the existence of a quorum in the Senate shall be
the total number of senators who are in the country and within the coercive
jurisdiction of the Senate.
DISCIPLINE OF MEMBERS
House may punish members for disorderly behavior Congressional Record – each House shall also keep a Record of its
Suspend a member with concurrence of 2/3 of all its members for not more proceedings.
than 60 days or expel a member
Grounds for disorderly behavior is a political question
Suspension contemplated in the Constitution (by Congress) is different from ELECTORAL TRIBUNALS
the suspension prescribed in the Anti-Graft and Corrupt Practices Act (by
Courts) 2 Electoral Tribunals: SET and HRET – 9 members each
o The latter is not a penalty but a preliminary preventive measure and
is not imposed upon the petitioner for misbehavior as a member of COMPOSITION
Congress 3 SC justices – designated by the Chief Justice (Judicial Component)
o There is a ministerial duty on the part of the Court to issue the order 6 members of House concerned- chosen on the basis of proportional
of suspension upon determination of the validity of criminal representation from political parties registered under the party-list system
information filed before it represented therein. (Legislative Component)
o The doctrine of separation of powers is not deemed to have o Senior justice – Chairman
effectively excluded the members of Congress from RA 3019 or its HRET is a non partisan-court – independent of Congress and devoid of
sanctions partisan influence and consideration.
Disloyalty to the party and breach of party discipline are not valid grounds for
expulsion
RECORDS AND BOOKS OF ACCOUNT Members of HRET enjoy security of tenure. GR: their membership may not
Preserved and open to the public in accordance with law be terminated
Audited by COA which shall publish annually an itemized list of amounts paid o Except for a just cause such as:
to and expenses incurred for each member Expiration of congressional term
Death
Resignation from political party
LEGISLATIVE JOURNAL AND CONGRESSIONAL RECORD Formal affiliation with another party
Matters which, under the constitution are to be entered into the journal Removal
(journal entry) Other valid grounds
i. Yeas and nays on 3rd and final reading of a bill
ii. Veto message of the President NOTE: Only if the House fails to comply with the directive of the Constitution on
iii. Yeas and Nays on the repassing of a bill vetoed by the President proportional representation of political parties in the HRET and Comm on
iv. Yeas and Nays on any question at the request of 1/5 of members Appointments can the party-list representatives seek recourse from this Court through
present judicial review. Under the doctrine of primary administrative jurisdiction, prior recourse
These will prevail over Enrolled Bill to the House is necessary before petitioners may bring the case to the Court.
o Enrolled Bill Theory (Pimentel v HRET)
Duly introduced and finally passed by both Houses
NOTE: Court cannot order disqualification of Senators-members of SET simply
Authenticated by the proper officers of each
because they were themselves respondents in the electoral protest. (Abbas v SET)
Approved by the President
o Enrolled bill theory is conclusive upon the courts as regards tenor of
POWER OF HRET & SET
measure passed by Congress and approved by the President
Sole judge of all contests relating to the election, returns and qualifications of
o No need to look into whether the bill was duly or regularly enacted,
their respective members.
by virtue of Separation of Powers.
HRET may assume jurisdiction only after the winning candidate shall have
o Court is bound under the doctrine of Sep. Of powers by the
been duly proclaimed, taken his oath, and assumed functions of office
contents of a duly authenticated measure of the legislature o Ratio: because it is only then that he is said to be a member of the
o GR: Enrolled Bill prevails over Journal Entry
House
Except: to matters which, under the Constitution are
HRET has jurisdiction to pass upon qualifications of party-list nominees after
required to be entered in the Journal- such as those
their proclamation and assumption of office
enumerated above
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POLITICAL LAW FINALS REVIEWER (2nd half)
Limitation: no matter how complete and exclusive the power of HRET is, it o The heads of the executive departments, ambassadors, other
does not carry with it the authority to delve into the legality of judgment of public ministers and consuls, officers of the armed forces from the
naturalization of a member. Hence there can be no collateral attack on one’s rank of colonel or naval captain, and other officers whose
citizenship. appointments are vested in him in the Constitution;
Remedy: Decision of HRET reviewable by Certiorari under Rule 65 upon o All other officers of the Government whose appointments are not
showing of grave abuse of discretion otherwise provided for by law;
o Those whom the President may be authorized by law to appoint;
o Officers lower in rank (note: under the 1935 Constitution, it is
COMMISSION ON APPOINTMENTS inferior officers) whose appointments the Congress may by law vest
in the President alone.
Only LEGISLATIVE COMPONENTS The first group of officers is clearly appointed with the consent of
A tool for CHECKS and BALANCES the CoA. Their appointments are initiated by nomination and, if the
Elected by each House on the basis or proportional representation from the nomination is confirmed by the CoA, the President appoints.
political parties registered under the party-list system represented therein. o The framers of the 1987 Constitution struck a “middle ground”
Chairman shall not vote except in case of a tie by requiring the confirmation of the CoA for the first group of
SC: a political party must have at least 2 elected Senators for every seat in appointments and leaving with the President, without such
the Comm on Appointments. Thus, where there are 2 or more political confirmation, the appointment of the other officers.
parties in the Senate, a political party/coalition with a single Senator cannot
constitutionally claim a seat in the Commission. It required that there must
be at least a majority of the entire membership. (Guingona v Gonzales) POWERS OF CONGRESS
Determination of party affiliations of a number of senators named in a
petition involves a question of fact, which the Court does not resolve. 1) General (plenary) Legislative Power
Must observe doctrine of primary jurisdiction before petition may be brought 2) Power of Appropriation
to Court 3) Power of Taxation
4) Power of Legislative Investigation
COMPOSITION (25 Members) 5) War powers
Senate president – ex officio Chairman 6) Power to act as Board of Canvassers in election of President
12 senators 7) Power to call for special election for President and VP
12 members of HR 8) Power to judge President’s physical fitness to discharge functions of the
Presidency
POWERS 9) Power to revoke or extend suspension of the privilege of the writ of Habeas
Corpus or declaration of Martial Law
Act on all appointments submitted to it within 30 days of Congress from their
10) Power to concur in Presidential amnesties
submission.
11) Power to concur in treaties or international agreements
Commission shall rule by a majority vote of its members
12) Power to confirm certain appointments/nominations made by the President
Shall meet only while congress is in session at the call of chairman or a 13) Power of impeachment
majority of all its members 14) Power relative to natural resources
The COA is independent of the two Houses of Congress. Its employees are 15) Power to propose amendments to the Constitution
not technically employees of Congress.
Has the power to promulgate its own rules and regulations
I. General Legislative Power
CASE: Sarmiento v Mison
The President shall have the power to make appointments during the recess Power to propose, enact, amend and repeal laws.
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproval by the CoA or until the next Limitations
adjournment of the Congress. a) Substantive
It is readily apparent that under the aforesaid provision of the Constitution, b) Express
there are 4 groups or officers whom the President shall appoint, which are: o Bill of Rights
o On Taxation NOTE: Senate has the power to concur with amendments. Even
o Constitutional appellate jurisdiction of the SC Amendments by substitution. Only the BILL must originate from the HR.
o No law granting a title of royalty or nobility shall be passed (Tolentiono vs. Secretary of Finance)
c) Implied
o Non-delegation of powers B. Three Readings
o Prohibition against passage of irrepealable laws. a. No Bill shall become a law unless it has passed 3 readings on
d) Procedural separate days and printed copies thereof in its final form have been
i. Only one subject to be expressed in the title thereof distributed to its members 3 days before its passage.
o Title is not required to be an index of contents of the bill. It is b. Except when president certifies to its immediate enactment to meet
a public calamity or emergency.
sufficient compliance if the title expresses the general subject, and
all the provisions of the statute are germane to that subject.
Bi-Cameral Conference Committee
(Chiongbian v Orbos)
o Results may go beyond its mandate.
o A law having a single, general subject indicated in its title may
o From the Bi-Cameral Committee, send the bill back to
contain any number of provisions, no matter how adverse they may
be, so long as they are not inconsistent with or foreign to the Both Houses.
general subject (Tatad v Sec of Energy) o No need to undergo 3 readings
o Requirement is complied with if the title is comprehensive enough o Subject to votation
as to include the general object which the statute seeks to effect If Yeas Prevail
o The one subject/one title rule expresses the principle that the title of o Signed by: Senate President and Speaker of the House
a law must not be "so uncertain that the average person reading it o Certified and Transmitted to the President which then
would not be informed of the purpose of the enactment or put on becomes an enrolled bill
inquiry as to its contents, or which is misleading, either in referring If Nays Prevail
to or indicating one subject where another or different one is really o Bill is not Killed
embraced in the act, or in omitting any expression or indication of o Another Bi-cameral Committee is convened to come up
the real subject or scope of the act. (Imbong v Ochoa) with the version applicable to Both Houses
o Rider – provision not germane to the subject matter of the bill
o Liberal Interpretation on Titles- Need not be an Index, otherwise a C. Approval of Bills
Kilometric Title will result. o Bill becomes a law in any of the following cases:
o Purpose of Titles: i. President approves and signs the Bill
Prevents Riders ii. When Congress overrides the Presidential veto
Prevents Hodge podge or Log Rolling If the President disapproves the bill, he shall return
Apprise People of Subject of Legislation the same, with his objections thereto contained in
his Veto Message to the House of origin
ii. Three readings on separate days – except when President certifies to The veto is overriden upon a vote of 2/3 of all
its immediate enactment to meet a public calamity or emergency members of the House of origin and the other
House
Legislative Process There is no Pocket Veto
A. Requirements as to bills Pocket Veto - Available in American Government
a. Only one subject to be expressed in the title thereof where the President does not act and congress
b. The following shall always originate from HR: adjourns, in which case the bill does not become a
i. Appropriation law.
ii. Revenue/ Tariff Bills iii. When the President fails to act upon the bill for 30 days
iii. Bills authorizing increase of public debt from receipt thereof, the bill shall become a law as if he
iv. Bills of local application had signed it
v. Private Bills
Two Kinds of Veto
o General Veto
o Line/Item/Partial Veto – President cannot veto a part of an judicial caution that mandamus applies as a remedy only where
petitioner's right is founded clearly in law and not when it is
item in an appropriation bill while approving the remaining doubtful. The alleged contract, relied upon by Photokina as source
portion of the item of its rights which it seeks to be protected, is being disputed, not
GR: Invalid only on the ground that it was not perfected but also because it is
Except: for particular items in an appropriation, illegal and against public policy.
revenue or tariff bill
NOTE: DAP Issue – DAP is constitutional. Funds which were already
o Legislative/Congressional veto – means whereby the appropriated were merely being realigned through DAP. However,
Legislature can block or modify administrative action taken such realignment must be made only “within their respective offices”.
under a statute. It is a form of legislative control in the Thus, no cross-border transfers or augmentations may be allowed.
implementation of particular executive action. It is subject Under the DAP, this was violated because funds appropriated by the
GAA for the Executive were being transferred to the Legislative and
to serious questions involving principle of separation of other non-Executive agencies. The transfers were held to be
powers. The form may be negative or affirmative. unconstitutional.
Negative – subjecting the executive action to
disapproval by Congress B. Appropriation Law
Affirmative – requiring approval of executive Statute, the primary and specific purpose of which is to authorize the
action by Congress release of public funds from the Treasury
2 requisites:
NOTE: Doctrine of Inappropriate Provision - Congress cannot a) Sets apart a determinate or determinable amount of money and
include in a general appropriations bill matters that should be more b) Allocates the same for a particular public purpose
properly enacted in separate legislation, and if it does that, the If both are present and written into law, then it demonstrates that the
inappropriate provisions inserted by it must be treated as "item", legislative intent to appropriate exists
which can be vetoed by the President in the exercise of his item- No particular form of words or religious recital in which an appropriation
veto power. by Congress shall be made except that “it be made by law”
Appropriation measure is sufficient if the legislative intention clearly and
Effects of Veto certainly appears from the language employed
o Does not become a Law
o Send back to original House with objection C. Classification
General appropriation law – passed annually to provide for the financial
operations of the entire government during one fiscal period
II. Power of Appropriation Special appropriation law – designed for a specific purpose
The power of the purse belongs to Congress, subject only to the veto D. Implied (extra constitutional) limitations on appropriation measures
power of the president Appropriation must be devoted to public purpose
President proposes the budget but the final say on matter of Sum to be released must be determinate or at least determinable
appropriation is lodged in Congress
Power of appropriation carries with it the power to specify the project or E. Constitutional limitations on Special Appropriation measures
activity to be funded under the appropriation law. It can be as broad as o Specify public purpose for which sum is intended
Congress wants it to be. o Supported by funds actually available as certified by
National Treasurer or to be raised by a corresponding
A. Need for appropriation revenue proposal
No money shall be paid out of the Treasure except in pursuance of an
appropriation made by law. F. Constitutional Rules on General Appropriations Law
o Congress may not increase the appropriations
CASE: COMELEC v Judge Padilla recommended by the President
The existence of appropriations and availability of funds are
indispensable requisites to, or conditions sine qua non for, the o The form, content and manner of preparation of the budget
execution of government contracts shall be prescribed by law
No rule of law is better settled than that mandamus does not lie to o No provision or enactment shall be embraced unless it
enforce the performance of contractual obligations. There are relates specifically to some particular appropriation
other adequate remedies in law. Moreover, worth stressing is the
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 33
POLITICAL LAW FINALS REVIEWER (2nd half)
Intended to prevent riders or irrelevant provisions included in the bill to IV. Congressional Oversight Power
ensure its approval 1) Legislative Scrutiny
o Strictly follow the procedure for approving appropriations a. Budget Hearing
for other departments and agencies b. Question Hour
Intended to prevent sub rosa appropriation by Congress 2) Power of Legislative Investigation
Sub rosa appropriation - wherein a special appropriations measure is done 3) Legislative supervision
even though the funds are not available a. Legislative veto
o Prohibition against transfer of appropriation b. Power to punish contempt
Members of Congress only determine the necessity of realignment of 4) War powers
savings in the allotments for their operational expenses because they are in 5) Power to act as Board of Canvassers in election of President
the best position to do so, being knowledgeable of the savings available 6) Power to call for special election for President and VP
o Prohibition against appropriation for sectarian benefit 7) Power to judge President’s physical fitness to discharge functions of the
Presidency
o Discretionary funds
8) Power to revoke or extend suspension of the privilege of the writ of Habeas
o Automatic reappropriation Corpus or declaration of Martial Law
9) Power to concur in Presidential amnesties
G. Impoundment of funds 10) Power to concur in treaties or international agreements
Refusal by the president for whatever reason to spend funds 11) Power to confirm certain appointments/nominations made by the President
made available by congress. Failure to spend or obligate 12) Power of impeachment
budget authority of any type. 13) Power relative to natural resources
14) Power to propose amendments to the Constitution
H. Appropriation reserves
Authorizes Budget Secretary to establish reserves against
appropriations to provide for contingencies and emergencies Legislative Scrutiny
which may arise during the year a. Budget Hearing
b. Question Hour
I. The Pork Barrel System Heads of Department may upon their own initiative, with
Collective body of rules and practices that governs the manner the consent of the President or upon request of either
by which lump-sum, discretionary funds, primarily intended for House, appear before and be heard by such House on any
local projects, are utilized through respective participations of matter pertaining to their departments.
Legislative and Executive branches, including its members Written questions shall be submitted to the President of
Unconstitutional the Senate of Speaker of the House at least 3 days before
o Congressional pork barrel – violates principle of non- their scheduled appearance.
delegability of legislative power Interpellations shall not be limited to written questions, but
o Presidential pork barrel – constitutes undue may cover matters related thereto
delegation of legislative power When the security of the State or public interest so
requires, the appearance shall be conducted in executive
session
III. Power of Taxation
Limitations Power to conduct inquiries in aid Power to conduct a question hour
Uniform and equitable. Progressive system of Taxation. of legislation
Charitable institutions etc. All lands, buildings ADE used for religious, To elicit information that may be used To obtain information in pursuit of
charitable, or educational purposes exempt from taxation for legislation Congress’ oversight function
All revenues, assets on non-stock, non-profit educational institutions used
ADE for educational purposes exempt from taxes and duties
Law granting tax exemption shall be passed only with the concurrence of the o Own initiative – Borrowed from the Parliamentary form of
majority of all the members of Congress. Government
GR: Executive Officers or Cabinet Members may validly refuse to appear if power vested by the constitution, such as the power to legislate
called by Congress without the consent of the President. This is not or expel a member. The power of congress to conduct
mandatory. investigations is inherent in the legislative process; that power
o Except: when inquiry in which Congress requires appearance is “in is broad. But broad as it is, there is no general authority to
aid of legislation” (mandatory) expose the private affairs of individuals without justification in
When Congress exercises power of inquiry, the only way for department terms of functions of congress.
heads to exempt themselves is by valid claim of executive privilege Since congress can investigate only those areas which it may
o They are not exempt by the mere fact that they are department potentially legislate or appropriate, it cannot inquire into
heads matters which are within the exclusive province of the other
o Only 1 executive official may be exempted from this power – the branches of the government.
President, on whom executive power is vested, hence, beyond the
reach of Congress except through power of impeachment Legislative Supervision
Confirmation of Appointments - Nomination made by the President in the Scrutinize exercise of delegated law-making and permits the Congress to
event of a vacancy in the office of VP, from among the members of Congress retain such power
confirmed by a majority vote of all the members of both houses of Congress, Exercised through:
separately. o Legislative Veto – the legislature can block or modify administrative
action taken under a statute. May be negative or affirmative.
Subject to serious questions involving the principle of separation of
Power of Legislative Investigation powers.
Congress may conduct inquiries in aid of legislation, in accordance with duly o Power to Punish contempt - may include imprisonment, for the
published rules of procedure. duration of the session. Senate being a continuing body, may order
Rights of persons appearing therein or affected by such inquiry shall be imprisonment for an indefinite period, but due process and equal
respected. protection will have to be considered
You cannot expect congress to enact good laws if you deny it the power to Cannot be pardoned – by virtue of separation of powers
investigate.
Even if this is not found in the Constitution, the power still exists as it is War Powers
Inherent (Arnault vs. Nazareno) Vote of 2/3 of both Houses in joint session assembled, voting separately,
Limitations: may declare existence of a state of war.
o In aid of legislation
o In accordance with duly published rules of procedure Board of Canvassers in election of President
Congress may validly delegate the initial determination of the authenticity
o Rights of persons appearing in or affected by such, inquiry shall be
and due execution of the certificates of canvass to a joint Congressional
respected
Committee composed of The HR and of the Senate.
Rational basis relationship test - there is no infringement of
the individual’s right to privacy as the requirement to
Power to call special election for President and Vice president
disclosure information is for a valid purpose. Suffice it to
state that this purpose constitutes a reason compelling
Power to judge President’s physical fitness to discharge the functions of the
enough to proceed with the assailed legislative
Presidency
investigation
Power to revoke or extend suspension of the privilege of the Writ of Habeas
CASE: Bengzon v Senate Blue Ribbon Committee Corpus or declaration of martial law
The power of both houses to conduct inquiries us not absolute
or unlimited, its exercise is circumscribed by the provision of Power to concur in presidential amnesties. Concurrence of majority of all the
the constitution that the investigation must be in aid of members of congress.
legislation in accordance with the rules of the congress and
that the rights of the person under investigation must be Power to concur in treaties or international agreements
respected. Concurrence of at least 2/3 of all the members of the Senate
In the case of Arnault v. Nazareno, the court rules that the
inquiry must be material or necessary to the exercise of a Power to confirm certain appointments/nominations made by the President
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POLITICAL LAW FINALS REVIEWER (2nd half)
Nomination made by President in the event of vacancy in the Office of the IV. EXECUTIVE DEPARTMENT
VP, from among the members of Congress, confirmed by a majority vote of
all Members of both Houses of Congress, voting separately Article 7. Section 1. The executive power shall be vested in the President of the
Nominations made by President under Sec. 16, Art. 7, confirmed by Comm Philippines.
on Appointments
It is a source of all inherent powers
Political authority of the President is the People
Power of Impeachment
HISTORY
Power relative to natural resources US Constitutional Convention of 1787 -> Biak-na-Bato -> Malolos -> 1935,
1973, 1987
Power to propose amendments to the Constitution
Single Executive: Monarchy
Plural Executive
Congress may continue with canvassing even after it has adjourned its After his tenure-can no longer invoke immunity for civil damages arising out
session and without any call for a special session of acts done by him while he was President which were not performed in the
COMELEC cannot undertake a separate and an unofficial tabulation of exercise of official duties.
results Presidential immunity from suit exists only in concurrence with the
If the COMELEC is proscribed from conducting an official canvass of the president’s incumbency.Conversely, this presidential privilege of immunity
votes cast for the President and Vice-President, the COMELEC is, with cannot be invoked by a non-sitting president even for acts committed during
more reason, prohibited from making an “unofficial” canvass of said his or her tenure
votes. DECS Secretary cannot invoke immunity as an alter ego of the Presiding for
acts of the department
c) Supreme Court as Presidential Election Tribunal The President of the United States can be involved in a lawsuit during his
Sole judge of all contest relating to: tenure for actions not related to his official duties as President. It was an
o Election; abuse of discretion of the District Court to order a stay of this lawsuit until
o Returns; and after the President’s tenure. The District Court’s decision to order a stay was
o Qualifications premature and a lengthy and categorical stay takes no account whatsoever
of the Respondent’s interest in bringing the suit to trial.
PET not a separate and distinct entity from the Supreme Court,
albeit it has functions peculiar only to the Tribunal Executive Privilege
Poe-Llamanzares v COMELEC: Cancel COC or deny due course Right of the President and high level executive branch officials to withhold
(COMELEC dati) PET(because of this case) information from Congress, the Courts, and the Public
Defensor-Santiago: the moment you file to run for another position Closed door cabinet meetings cannot be pried open by a co-equal body
pending the case in PET- pending action is deemed abandoned Highly recognized in cases where the subject of inquiry relates to a power
textually committed by the Constitution o the President
TERM OF OFFICE Necessity of withholding high degree as to outweigh the public interest
6 years (1935: 6 years, 1973: 2 terms) Covers quintessential and non delegable power
No re-election, includes those who succeed as President who served from If what is involved is the presumptive privilege of presidential
more than 4 years. communications when invoked by the President on a matter clearly within
the domain of the Executive, the said presumption dictates that the same be
OATH OF OFFICE recognized and be given preference or priority, in the absence of proof of a
“So Help Me God: - added by George Washington compelling or critical need for disclosure by the one assailing such
presumption.
PRIVILEGES
a) Official residence PROHIBITIONS AND INHIBITIONS
b) Salary Par. A to D applies to VP
c) Immunity from suit Par. B to D applies to Cabinet Members, their deputies and assistants
d) Executive privilege
Official Residence a) Not received any other emoluments from the gov’t or other source
Malacanang
b) Shall not hold any other office of employment. Unless, provided by the a. President transmits to the Senate President and the Speaker of the
Constitution House his written declaration that he is unable to discharge the
c) Shall not directly or indirecty practive any other profession or participate in powers and duties of his office and until he transmits to them a
any business or be financially interested in any contract with a franchise or written declaration to the contrary: such powers and duties shall be
special privilege granted by the gov’t discharged by the VP.
d) Strictly avoid conflict of interest b. Majority of all the members of the Cabinet transmit to the Senate
e) May not appoint SPOUSE, RELATIVES by consanguinity or affinity within President and the Speaker their written declaration that the
the 4th civil degree as Members of CON COM, Ombudsman, President was unable to discharge the powers and duties of his
SECRETARIES, UNDERSER, CHAIRMEN, HEADS OF BUREAU office. But when the president himself in a written declaration that
no inability exists, he shall reassume powers.
It has been held that "in cases where there is no de jure, officer, a de facto c. If within 5 days, the majority of the members of the cabinet
officer, who, in good faith has had possession of the office and has transmit within 5 days to the Senate President and Speaker that the
discharged the duties pertaining thereto, is legally entitled to the emoluments President is unable to discharge his duties, the Congress shall
of the office, and may in an appropriate action recover the salary, fees and decide the issue.
other compensations attached to the office. d. Congress shall convene within 48 hrs if not in session
This doctrine is, undoubtedly, supported on equitable grounds since it seems e. 2/3 votes of both house voting separately
unjust that the public should benefit by the services of an officer de facto and
then be freed from all liability to pay any one for such services. d) Constitutional Duty of Congress in case of vacancy in the office of the
Any per diem, allowances or other emoluments received by the respondents P and VP
by virtue of actual services rendered in the questioned positions may a. 10AM on the 3rd day after the vacancy occurs, Congress shall
therefore be retained by them convene
b. Enact a law within 7 days calling for special election
RULES ON SUCCESSION c. To be held not earlier than 45 but not later than 60 from the time of
a) Vacancy at the beginning of the term call
a. Death or disability of President-elect-VP Elect shall become d. Bill shall be deemed a law and certified upon approval on the 3rd
president reading by Congress
b. President-elect fails to qualify-VP Elect shall act until President- e. Convening cannot be suspended nor the special election be
elect shall have qualified postponed
c. President not chosen-VP-elect shall act as president until a f. No special election if the vacancy occurs within 18 months before
president shall have been chosen and qualified the date of the next presidential election.
d. No P and VP chosen, qualified, or have died: Senate President, if
not, then House Speaker. If none, the Congress shall by law 1. Removal of the President. Impeachment
provide for the manner in which one is to act as President shall be
selected. THE VICE-PRESIDENT
confirmation by a majority vote of all the members of both Houses of Designation - imposition of additional duties.
Congress voting separately. Commission – written evidence of appointment
CLASSIFICATION OF APPOINTMENTS
POWER OF THE PRESIDENT
Permanent v Temporary Appointment
Not limited to the provisions of the Constitution
Permanent Temporary
1) Executive power Extended to persons Given to persons without
2) Power of appointment possessing the qualifications eligibility, revocable at will and
3) Power of removal and requisite eligibility and without the necessity of just
4) Power of control are thus protected by security cause or a valid investigation
5) Military powers of tenure. made on the understanding
6) Pardoning power that the appointing power has
7) Borrowing power not yet decided on a
8) Diplomatic power permanent appointee and
9) Budgetary power that the temporary appointee
10) Informing powers may be replaced at any time a
11) Other powers permanent choice has been
a. Call Congress to a special session made
b. Power to approve or veto bills
c. Consent to deputation of government personnel by COMELEC Temporary appointment and a designation are not subject to confirmation by
d. Discipline such deputies the COA
e. Emergency powers, tariff powers delegated by Congress
f. Power of General Supervision over LGUs and autonomous regional Regular v Ad interim
governments
g. Unstated residual powers (Marcos v Manglapus) Regular Ad interim “in the meantime”
h. Power of impoundment One made by the One made by the president while congress
president while is not in session,
Congress is in
1) Executive Power session Takes immediately, but ceases to be valid if
Power to enforce and administer laws disapproved by the Commission
Duty to faithfully execute the relevant laws Takes effect only Appointments or upon the next adjournment
President cannot determine the validity of a law after confirmation by Congress.
Duty to execute the laws until declared unconstitutional by the judiciary the Commission
on Appointments. Ad interim appointments are permanent
Authority to Reorganize the Office of the President by virtue of Admin Code of appointment
1987(EO292) Once approved
Sec. 31(1) President Proper Sec. 31(2)(3) Office of the President continues until the Takes effect immediately and cannot be
Proper end of term of the withdrawn once appointee has qualified into
Abolishing, Consolidating, or Limited to merely transferring functions appointee office
Merging units from one unit to or agencies from the office of the
another President to Departments or Agencies Can be terminated for two causes:
and Vice Versa a. disapproval of COA
b. adjournment by Congress without the
2) Power of Appointment COA acting on the appointment
Appointment - the selection, by the authority vested with the power, of an
individual who is to exercise the functions of a given office. If COA disapproves the appointment –
appointee can no longer be extended a new
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 39
POLITICAL LAW FINALS REVIEWER (2nd half)
Congress through a law cannot impose on the President the obligation to Members of the career service of the Civil Service appointed by the
appoint automatically the undersecretary as her temporary alter ego. President may be directly disciplined by him, provided that the same is for a
cause and in accordance with the procedure prescribe by law
SPECIAL CONSTITUTIONAL LIMITATIONS ON APPOINTING POWER Members of the Cabinet and other officers whose continuity in office
(1) Nepotism - may not appoint his spouse and relatives by consanguinity or depends upon the pleasure of the president may be replaced any time
affinity within the fourth civil degree as Members of the Constitutional Alexander Hamilton: energy in the executive is the very definition of good
Commissions, as ombudsman, or as Secretaries, undersecretaries, governance
chairmen or heads or bureaus or offices, including GOCC o Source of power of the executive is the people
(2) Appointments by ACTING president shall remain effective unless revoked by o Most potent section: “power vested in the president”
the ELECTED president within 90 days from his assumption of office
(3) 2 months immediately before the next presidential elections, and up to the
end of his term, a President or acting President shall NOT make 4) Power of Control
appointments except temporary appointments to executive positions
when continued vacancies will prejudice public service or endanger public Control – power of an officer to alter or modify or nullify or set aside what a
safety subordinate officer had done in the performance of his duties and to
substitute his judgment for that of the latter’s.
The prohibition is directed against 2 appointments: Supervision – overseeing, or the power or authority of an officer to see that
(1) Buying Votes – The so-called Midnight Appointments subordinate officers perform their duties and if the latter fail or neglect to
(2) Partisan Consideration - pre-empting the president of prerogative of fulfill them, then the former may take such action or steps as prescribed by
incoming president law to make them perform these duties.
Provision only applies to Presidential appointments. Local executive official Authority to organize the executive department(Sec 31, Admin Code):
is not prohibited from making appointments during the last days of their a. Restructure the internal organization of the Office of the President by
tenure abolishing, consolidating, or merging units thereof or transferring
Prohibition does not apply to appointment of members of the Supreme Court functions, from one unit to another; and
Presidential power of appointment may be limited y the congress through its b. Transfer functions or offices from the Office of the President to any
power to prescribe qualifications for public office other Department or Agency in the Executive branch and vice versa.
Judiciary may annul the appointment if the appointee is not qualified or has
not been validly confirmed President can remove exclusive printing jurisdiction of the National Printig
In Garfill, the Court upheld the validity of EO No. 2 by President Aquino Office. He can also limit the appropriations of the NPO
recalling withdrawing, and revoking appointments issued by President President has the power to reorganize the executive branch incidentally
Macapagal-Arroyo which violated the constitutional ban on midnight include such abolition
appointments. President must exercise good faith in carrying out the reorganization of any
The only known exceptions to this prohibition are: branch or agency if it is for the purpose of economy or to make bureaucracy
o Temporary appointments in the executive positions when continued to be more efficient
vacancies will prejudice public service or endanger public safety; Evidence of Bad Faith:
o Appointments to the Judiciary o Significant increase in the number of positions in the new staffing
pattern
o Office is abolished and another performing substantially the same
function is created
o Where incumbents are replaced by those less qualified in terms of
3) Removal Powers status of appointment, performance and merit
General Rule: Implied from the power of appointment. For cause and in o When there is classification of Offices in the department or agency
accordance with prescribed administrative procedure. concerned and the reclassified offices perform substantially the
o Exception: When constitution prescribes certain methods for same functions as the original offices
separation of such officers from public service. o Removal violates the order of separation
ALTER EGO PRINICPLE c) The power to organize courts martial for the discipline of the members of the
“Doctrine of qualified political agency” recognizes: armed forces, create military commissions for the punishment of war
The establishment of a single executive and administrative organizations are criminals
adjuncts of the Executive Department; i. Olaguer Doctrine: Court martial cannot try civilians when civil
The heads of the various executive departments are assistants and agents courts are open and functioning
of the Chief Executive ii. But RTC cannot divest General Court Martial of Jurisdiction over
o Except in cases where Chief executive is required by the those charged with violations of Articles of War
constitution or law to act in person or the exigencies of the situation i. An officer whose name was dropped from the roll of
demand that he act personally, the administrative functions are officers are still within the jurisdiction of military authorities
performed by and through the executive departments and the acts where military proceedings were initiated before the
of the Secretaries of such departments performed and promulgated termination of his service.
in the regular course of business are, unless disapproved or ii. Members of the PNP are not within the jurisdiction of
reprobated by the Chief Executive presumptively the acts of the military courts
Chief executive.
President may exercise powers conferred by law upon Cabinet members or Calling Out Powers Suspension of the Martial law
other subordinate executive officers Privilege of the Writ of
Power of the President to reorganize may validly be delegated. Habeas Corpus
But, although an alter ego, DECS Sec. cannot invoke President’s immunity Grounds: Grounds: Grounds:
from suit. The questioned acts are not acts of the President 1) Lawless violence 1) Invasion and when 1) Invasion and when
Alter ego cannot be charged with partisan activities 2) Invasion public safety requires public safety requires
3) Rebellion 2) Rebellion and when 2) Rebellion and when
Appeal to the President from decisions of subordinate completes the
public safety requires public safety requires
exhaustion of administrative remedies
o Except when doctrine of qualified political agency applies, in which
Durations: 60days, Duration: 60days
case the decision of the cabinet secretary carries the presumptive
Congress may lift or
approval of the President., and there is no need to appeal the the
extend it after the said
decision to the President in order to complete the exhaustion.
period.
Power of Control may only be exercised over the acts and not over the actor.
Power of Conrol of Justice Sec. over prosecutors. Political question, sole Justiciable Question Justiciable questions
discretion of the President
5) The Military Powers
The President shall be the commander in chief of all armed forces of the CALLING-OUT POWERS
Philippines and whenever it becomes necessary, he may call out such Involves ordinary police action
armed forces to prevent or suppress lawless violence, invasion or rebellion.
Every act that goes beyond the President’s Calling out power is ultra vires
In cases of invasion or rebellion, when the public safety requires is, he may,
President has discretionary authority to declare a state of rebellion
for a period not exceeding 60 days, suspend the privilege of the writ of
habeas corpus or palce the Philippines or any part thereof under martial law. Authorities may only resort to warrantless arrest of persons suspected of
rebellion
COMMANDER-IN-CHIEF CLAUSE Only gives the nation that such state exists and the armed forces may be
a) The president shall be the commander in chief of the Philippines. called to suppress it
i. Ability of the President to require a military official to secure prior Governor is not endowed with powers to call out the armed forces
consent before appearing in congress
ii. Most crucial to the democratic way of life, to civil supremacy over SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HC
the military, and to the general stability of our representative system President must report in writing or personally to the Congress within 48
of government. hours
b) To call out such armed forces to prevent or suppress lawless violence, Congress may revoke or extended(upon request of the President)the
invasion or rebellion effectivity of the proclamation by a majority vote of all of its members, voting
jointly.
SC may review, in a proceeding filed by any citizen, the sufficiency of factual Pardon Commutation Reprieve Parole Amnesty
basis of the proclamation. Decision must be promulgated within 30 days Act of grace Reduction or Postponement Release from Act of grace
from filing. which Mitigation of of execution of imprisonment concurred in
Will not impair right to bail exempts the Penalty death penalty. but without full by the
individual on restoration of legislature,
Suspension shall only apply to persons judicially charged for rebellion or whom it is liberty. usually
offenses inherent in or directly connected with invasion. bestowed extended to
During suspension, any person arrested or detained shall be judicially from Remit fines. No GROUPS of
charged within 3 days, otherwise shall be released. punishments treaty or persons who
international committed
MARTIAL LAW President agreement political
cannot grant shall be valid offenses,
State of martial law does not suspend the operation of the constitution, nor
pardon on and effective which puts
supplant the functioning of the civil courts or legislative assemblies disciplined unless into oblivion
Does not automatically suspend the privilege of the writ judges as concurred in by the offense
Same constitutional limitations with suspension of the privilege of the writ of this is an at least 2/3 of itself.
HC encroachme all the
Validity of the President’s proclamation of Martial law and suspesnsion of nt of the members of the No need for
power of the SENATE conviction by
the privileged of the writ is first a political question in the hands of the
SC. final
congress and becomes a justiciable question in the hands of the Court. judgment
CLASSIFICATIONS OF PARDON
1) Plenary or Partial
2) Absolute or Conditional
President may order the arrest and re-incarceration of such person, who in
his judgment, shall fail to comply with the conditions of the pardon.
This power is beyond judicial scrutiny.
accomplished.IN THIS CASE, Congress had authority to provide (reversed Moncado vs People)
that the President, or the Governor-General, with the approval of Search warrants issued were violative of the Constitution and the
thePhilippine Commission, might suspend the privilege of the Rules, thus, illegal or being general warrants. There is no
writ of habeas corpus in cases of rebellion, insurrection, probable cause and warrant did not particularly specify the
orinvasion, when the public safety might require it.the conclusion things to be seized. The purpose of the requirements is to avoid
set forth in the said resolution and the said executive order, as to placing the sanctity of the domicile and the privacy of
the fact that there existed in the Provincesof Cavite and communication and correspondence at the mercy of the whims,
Batangas open insurrection against the constituted authorities, caprice or passion of peace officers.
was a conclusion entirely within the discretionof the legislative Document seized from an illegal search warrant is not
and executive branches of the Government admissible in court as a fruit of a poisonous tree.
Lansang vs Garcia (1971) Ang Bagong Bayani vs COMELEC
doctrine established in Barcelon and Montenegro was the decision of the Supreme Court on which parties compose the
subsequently abandoned in this case where the SC declared party list system swings from one side to the other. Previously,
that it had the power to inquire into the factual basis of the the Supreme Court limited the party list system to
suspension of the privilege of the writ of habeas corpus by representatives of marginalized and underprivileged sectors.
Marcos in Aug 1971 and to annul the same if no legal ground In Atong Paglaum v. COMELEC the latest in the series of party
could be established. Accordingly, hearings were conducted to list cases, the pendulum now points to the opposite side
receive evidence on this matter, including two closed-door One of the main reasons for the disqualification was their failure
sessions in which relevant classified information was divulged by to represent the marginalized and underrepresented
the government to the members of the SC and 3 selected New guidelines: (Atong Paglaum Case)
lawyers of the petitioners o Three different groups may participate in the party-list
Garcia vs Padilla (1983) system: (1) national parties or organizations, (2)
suspension of the privilege of writ of habeas corpus raises a regional parties or organizations, and (3) sectoral
political, not a judicial, question and that the right to bail cannot parties or organizations.
be invoked during such a period o National parties or organizations and regional parties or
Decision in Lansang was overturned and the verdict on the organizations do not need to organize along sectoral
Barcelona and Montenegro case was once again recalled. lines and do not need to represent any “marginalized
The court held that the detention is legal and valid as it depends and underrepresented” sector.
on the President who may order to whether release them or not. o Political parties can participate in party-list elections
The SC restated that the suspension of the Writ of Habeas provided they register under the party-list system and
Corpus was a political question that only the Presidet can do not field candidates in legislative district elections. A
resolve. political party, whether major or not, that fields
Morales vs Enrile (1987) candidates in legislative district elections can participate
“with respect to persons at present detained as well as other in partylist elections only through its sectoral wing that
who may hereafter be similarly detained for the crimes of can separately register under the party-list system. The
insurrection or rebellion, subversion, conspiracy or proposal to sectoral wing is by itself an independent sectoral party,
commit such crimes, and for all other crimes and offenses and is linked to a political party through a coalition.
committed by them in furtherance of or on the occasion thereof, o Sectoral parties or organizations may either be
or incident thereto, or in connection therewith,” the natural “marginalized and underrepresented” or lacking in “well-
consequence is that the right to bail for the commission of defined political constituencies.” It is enough that their
anyone of the said offenses is also suspended. To hold principal advocacy pertains to the special interest and
otherwise would defeat the very purpose of the suspension. concerns of their sector.
Therefore, where the offense for which the detainee was o A majority of the members of sectoral parties or
arrested is anyone of the said offenses he has no right to bail organizations that represent the “marginalized and
even after the charges are filed in court. underrepresented” must belong to the “marginalized
and underrepresented” sector they represent. Similarly,
a majority of the members of sectoral parties or
Stonehill vs Diokno organizations that lack “well-defined political
constituencies” must belong to the sector they o members of the Court and court officials and employees may not be
represent. compelled to testify on matters that are part of the internal
o National, regional, and sectoral parties or organizations deliberations and actions of the court in the exercise of its
shall not be disqualified if some of their nominees are adjudicatory functions and duties
disqualified, provided that they have at least one Privileged documents or communications NOT subject to disclosure:
nominee who remains qualified o Court actions such as the result of the raffle of cases and actions by
Olaguer vs Military Commission the Court on each case include in the agenda of the Court’s session
When the release of the persons in whose behalf the application on acts done material to the pending case
for a writ of habeas corpus was filed is effected, the Petition for o Court deliberations on cases and matters pending before the court
the issuance of the writ becomes moot and academic o Court records which are “predecisional” and “deliberative” in nature
During martial law, military commission or tribunal cannot try and o Confidential information secured by justices, judges, court officials
exercise jurisdiction, even during the period of martial law, over and employees in the course of their official functions
civilians for offenses allegedly committed by them as long as the o Records of the case that are still pending for decision are privileged
civil courts are open and functioning, and that any judgment material that cannot be disclosed
rendered by such body relating to a civilian is null and void for
lack of jurisdiction on the part of the military tribunal concerned (11) Constitutional Safeguards to insure the independence of the Judiciary
1. SC is a constitutional body; it may not be abolished by the legislature
Where vested 2. Members of the SC are removable ONLY by impeachment
o Vested in (1) Supreme Court and other court as may be established 3. SC may not be deprived of its minimum original and appellate jurisdiction;
by law appellate jurisdiction may not be increased without its advice and
o SC was called “Supreme Council of Grace and Justice in the Biak- concurrence
na-Bato Constitution 4. SC has administrative supervision over all inferior courts and personnel
o Called the “Supreme Court” in Malolos Constitution 5. SC has the exclusive power to discipline judges and justices of inferior
courts
Jurisdiction – power to hear and decide a case 6. Member of the Judiciary have security of tenure
Congress 7. Members of the Judiciary may NOT be designated to any agency performing
o power to define, prescribe, and apportion the jurisdiction of the quasi-judicial or administrative powers
courts 8. Salary of judges may not be reduced; the Judiciary enjoys fiscal autonomy
o NOT deprive the SC of its jurisdiction over cases provided in the o FISCAL AUTONOMY – guarantee of full flexibility to allocate and
Constitution utilize their resources with the wisdom and dispatch that their needs
o NO law shall be passed increasing the appellate jurisdiction of the require (Bengzon vs Drilon)
SC WITHOUT its o Power and authority to levy, assess and collect fees, fix rates of
Advice AND compensation not exceeding the highest rates authorized by law
Concurrence (Bengzon vs Drilon)
o Sec. 27, RA 6770 UNCONSTITUTIONAL o Chief Justice and the Court En Banc MAY determine and decide
NO advice and consent of the SC the who, what, where, when, and how of the privileges and benefits
Authorizes appeal to the SC from decision of the they may extend within the Court’s granted power
Ombudsman in administrative disciplinary cases o Re: Cases Submitted for Decision before Judge Baluma
The “no report, no release” policy may not be validly
Deliberative Process Privilege enforced against offices vested with fiscal autonomy
Privilege against disclosure of information or communication The agencies vested by the Constitution with fiscal
To enable the members of the court to freely discuss the issues without autonomy should this be given priority in the release of
o fear of criticism for holding unpopular positions OR their approved appropriations over all other agencies not
o fear of humiliation for one’s comments similarly vested in the event of a revenue shortfall
o Example:
Principle of Comity or inter-departmental courtesy provides that:
Downgrading of the position and salary grades of
o highest officials of each department be exempt from the compulsory
employees, DBM overstepped its authority and
processes of the other departments
encroached upon the *fiscal autonomy of the SC and or make any pronouncement. Courts generally decline jurisdiction
*power of supervision over court personnel on the ground of mootness – save when, among others, a
Allow COA to substitute the Court’s policy in the disposal compelling constitutional issue raised requires the formulation of
of property is tantamount to encroachment into judicial controlling principles to guide the bench, the bar and the public; or
prerogative when the case is capable of repetition yet evading judicial review,
9. SC alone may initiate and promulgate the Rules of Court which are not extant in this case.
10. SC alone may order temporary detail of judges o Section 7 of Act 3135 expressly allows the buyer at
11. SC can appoint all officials and employees of the judiciary the auction to file a verified petition in the form of an
ex parte motion for issuance of a writ of possession.
This connotes that it is for the benefit of one party,
POWER OF JUDICIAL REVIEW/INQUIRY without notice to or challenge by an adverse party.
Being summary in nature, it cannot be said to be a
Power of the courts to test the validity of executive and legislative acts in judgment on the merits, but is simply an incident in
light of their conformity with the Constitution the transfer of title
NOT an assertion of superiority by the courts over the other departments but
merely an expression of the supremacy of the Constitution 2. Question must be raised by the proper party (Locus standi or legal standing,
This is inherent in the Judicial Department by virtue of the doctrine of i.e. the party must have personal and substantial interest in the case such
separation of powers. that he has sustained or will sustain direct injury as a result of the act
Power of the Supreme Court to declare a law, treaty, ordinance, etc. as complained of)
unconstitutional. Locus Standi – a right of appearance in a court of justice
Lower courts may exercise the power of judicial review, subject to the on a given question.
appellate jurisdiction of the SC Direct Injury Test – a person who impugns the validity of
Only the SC decision are precedent, thus, only the SC decision is binding on a statute must have a personal and substantial interest in
all the case such that he has sustained or will sustain direct
(4) REQUISITES: injury as a result.
1. Actual case or controversy
Conflict of legal rights, an assertion of opposite legal Liberal Approach:
claims which can be resolved on the basis of existing law Constitutional Issues
and jurisprudence. Taxpayers – claim of illegal disbursement of
Must not be moot and academic - One that ceases to public funds
present a justiciable controversy by virtue of supervening Voters – obvious interest in the validity of the
events election law
Exceptions to the rule on Mootness:
o Grave violation of the Constitution Concerned citizens – transcendental importance
o Exceptional Character of the situation Legislators – Official action complained of
and paramount public interest is infringes their prerogatives as legislators
involved
Facial Challenge – exception to the rule that a party can
o Constitutional issues raised require question the validity of a statute only if as applied to him is
formulation of principles to guide the unconstitutional. May be invoked only to challenge a
bench, the bar and the public statue when it operates in the area of freedom of
expression.
o Case is capable of repetition yet evasive Overbreadth Doctrine – permits a party to challenge the
of review. validity of a statue even though, as applied to him, it is not
Madriaga vs China Bank Corp unconstitutional but may be to others.
o Judicial power presupposes actual controversies, the very Void-for-Vagueness – a law is facially invalid if men of
antithesis of mootness. Where there is no more live subject of common intelligence must necessarily guess at its
controversy, the Court ceases to have a reason to render any ruling meaning and differ as to its application.
by GMA clearly showed grave abuse of discretion. HOWEVER, the blunder of the
petitioners is that the FAILED to show such grave abuse of discretion.
3. Raised at the first instance or at the earliest possible opportunity
4. Resolution of the issue is determinative of the case itself (lis mota)
APPOINTMENTS TO JUDICIARY
Judicial Independence – the powers of the government must be divided to avoid
concentration of these powers in any one branch Qualifications
Decisional Independence – judge’s ability to render decisions free from 1) Of proven competence, integrity, probity and independence
political or popular influence based solely on the individual facts and 2) SC
applicable law a. Natural Born citizen
Institutional Independence – describes the separation of the judicial b. At least 40 years of age
branch from the executive and legislative branches of the government; it is c. 15 years or more as a judge of a lower court ORengaged in the
the “collective independence of the judiciary as a body” practice of law in the Philippines
3) Lower Collegiate Courts
POLITICAL QUESTIONS a. Natural Born citizen
b. Member of the Philippine Bar
Types c. Congress may prescribe other qualifications
Decided by the People in their Sovereign Capacity 4) Lower courts
o LGC, the power of Recall – Political question of the first type. a. Citizen of the Philippines
(Evardone vs. COMELEC) b. Member of Philippine Bar
o People’s Revolution – c. Congress may prescribe other qualifications
Lawyer’s League of the Philippines vs. Cory Aquino – SC no longer has the power to Procedure for Appointment
inquire into the motives of the people in going to EDSA as the international 1) Appointed by the President of the Philippines from a list of at least three (3)
community has already given it a de jure status and Cory government took control of nominees prepared by the JBC for every vacancy
the government without resistance i. The appointment need NO confirmation
o Estrada vs. Desierto – Lawyer’s league ruling is not applicable ii. The date the commission is signed by the President is the date of
appointment
because:
iii. Such date determines the seniority of the members of the CA
Lawyer’s League vs Cory Aquino Estrada vs Desierto
CASE: Marbury vs Madison
Cory Gov’t was established in GMA took her oath under the 1987
o As the President signed Marbury’s commission after his
defiance of 1973 constitution
confirmation, the appointment has been made, and Marbury has a
Revolutionary Gov’t – it orbits out of Not a revolutionary gov’t
right to the commission.
the constitutional loop
o Given that the law imposed a duty on the office of the president to
EDSA 1 was extra – constitutional EDSA 2 was intra – constitutional
deliver Marbury’s commission, that the Supreme Court has the
Political Question Legal Question
power to review executive actions when the executive acts as an
Not subject to judicial review Subject to judicial review officer of the law and the nature of the writ of mandamus to direct
an officer of the government “to do a particular thing therein
Full discretion is delegated to the Executive/Congress specified,” mandamus is the appropriate remedy, if available to the
o Calling-out power – unclouded intent of the constitution to Supreme Court.
delegate such power to the president. o To issue mandamus to the Secretary of State really is to sustain an
Does not tie the hands of the president original action, which is (in this case) outside the constitutional
Unless it can be shown that such power was gravely limits of jurisdiction imposed on the Supreme Court.
abused, it shall not be subject to judicial review.
Randy David vs. GMA – GMA used the “calling out power” to suppress lawless 2) Filling of vacancies (appointment by the President)
violence. Now generally, this should remain as a Political question. However it fell into o SC – 90 days from the occurrence
the ambit of expanded jurisdiction of the Supreme Court because the acts prohibited o Lower courts – 90 days from submission by the JBC of the list
voted thereon, but in no case without the CONCURRENCE OF AT o All cases in which the constitutionality or validity of any treaty,
LEAST 3 such members. international or executive agreement, law, presidential decree,
When the required number is not obtained, it shall be proclamation, order, instruction, ordinance or regulation is in
decided en banc question
Cases vs Matters o All cases involving the legality of any tax, impost, assessment or
Cases – decided toll, or any penalty imposed in relation thereto
Matters – resolved o All cases in which the jurisdiction of any lower court is in issue
Only cases are referred to the SC en banc for decision o All criminal cases in which the penalty imposed is reclusion
when the number of votes are not obtained perpetua or higher
GR: NO doctrine or principle of law laid down by the court o All cases in which only an error or question of law is involved
en banc or division may be modified or reversed Automatic review in cases of conviction and the penalty actually
XCPTION: SC sitting en banc imposed is DEATH
Stare Decisis – judicial pronouncement in an earlier Only decision of lower courts
decision may be followed as a precedent in a subsequent Include the power to review decisions of administrative bodies
case only when its reasoning and justification are relevant Review of decisions and final orders of the Sandiganbayan is limited to
and the court on the latter case accepts such reasoning questions of law
and justification to be applicable Question of law – doubt or controversy concerns the
correct application of law or jurisprudence to a certain set
POWER OF THE SUPREME COURT of facts OR issue does not call for an examination of the
probative value of the evidence presented, the truth or
8 POWERS falsehood being admitted.
1) Adjudicative power in its original jurisdiction
2) Adjudicative power in its appellate jurisdiction 3. Temporary assignment of judges
3) Temporary assignment of judges o Assignment shall NOT exceed six (6) months without the consent of
4) Order change of venue the judge concerned
5) Rule-making power
6) Power of appointment 4. Order change of venue
7) Power of administrative supervision o To avoid miscarriage of justice
8) Annual report
5. Rule Making Power
Adjudicative Power (original and appellate) o Promulgate rules concerning the protection and enforcement of
1. Original Jurisdiction constitutional rights pleading, practice and procedure in all courts,
o Cases affecting ambassadors, other public ministers and consuls the admission to the practice of law the IBP and legal assistance to
o Petitions for certiorari, prohibition, mandamus, quo warranto and the underprivileged
habeas corpus o Limitations:
Certiorari and Prohibition Simplified and inexpensive procedure for speedy
appropriate remedies to raise constitutional disposition of cases
issues Uniform for all courts of the same grade
review and/or prohibit or nullify the acts of Not diminish or modify substantive rights
legislative and executive officials o First Lepanto Ceramics vs CA: appeals from decisions of
Certiorari administrative bodies shall be made to the CA instead of the SC.
Question the act of any branch or instrumentality VALID – merely transferred the venue of appeals from
of the government on the ground of grave abuse decisions of said agencies to the CA and provided a
of discretion amounting to lack or excess of different period, BOTH merely procedural
jurisdiction o SC has the competence to promulgate rules governing the
enforcement and protection of constitutional rights
2. Appellate Jurisdiction (review, revise, reverse, modify or affirm on appeal pleading, practice and procedure in all courts
or certiorari)
Ex. Special Division in the SB to hear and decide Supreme Court to adopt rules of court to effect
the plunder case against former Pres. Estrada the integration of the Philippine Bar, it did so in
o Integrated Bar – State-organized Bar, to which every lawyer must the exercise of the paramount police power of the
belong State to raise the standards of the legal
Process by which every member of the bar is afforded an profession, improve the administration of justice,
opportunity to do his share in carrying out the objectives of and enable the Bar to discharge its public
the Bar as well as obliged to bear his portion of its responsibility more effectively. The State, in order
responsibilities to promote the general welfare, may interfere with
Official unification of the entire lawyer population and regulate personal liberty, property and
Requires membership and financial support as condition occupations. Persons and property may be
sine qua non to the practice of law and retention of his subjected to restraints and burdens in order to
name to the Roll of Attorneys REGARDLESS of lack of secure the general prosperity and welfare of the
practice or type of practice the member is engaged in State.
Removal on the ground of refusal to settle financial
support is valid and will not amount to deprivation of o SC has the power to
property without due process of law for the reason that the Promulgate rules concerning the IBP,
practice of law is a mere privilege Supervise all the activities of the IBP, including election of
Law professors are governed by the canons of its officers
professional responsibility applicable to members of the by ensuring the legality and correctness of the
Bar exercise of its powers as to the means and
Bar Association – organized by individual lawyers manner, AND
themselves, membership in which is voluntary by interpreting for it the constitutional provisions,
In Re: Atty. Marcial Edillon laws and regulations affecting the means and
An "Integrated Bar" is a State-organized Bar, to manner of the exercise of its powers.
which every lawyer must belong, as distinguished Plenary power to amend, modify, or repeal the IBP By-
from bar associations organized by individual Laws
lawyers themselves, membership in which is Rotation rule under the IBP By-Laws is NOT absolute and
voluntary. Integration of the Bar is essentially a is subject to waiver
process by which every member of the Bar is
afforded an opportunity to do his share in carrying o Writ of Amparo (“Amparo” – to protect)
out the objectives of the Bar as well as obliged to Effective and inexpensive instrument for the protection of
bear his portion of its responsibilities. Organized constitutional rights.
by or under the direction of the State, an Of Mexican Origin and spread throughout the Western
integrated Bar is an official national body of which Hemisphere where it gradually evolved into various forms,
all lawyers are required to be members. They depending on the particular needs of each country.
are, therefore, subject to all the rules prescribed Available to any person whose right to life, liberty and
for the governance of the Bar, including the security is violated or threatened with violation by an
requirement of payment of a reasonable annual unlawful act or omission of a public official or employee, or
fee for the effective discharge of the purposes of of a private individual or entity.
the Bar, and adherence to a code of professional Sec. 14 of the Rule allows the grant by the court of interim
ethics or professional responsibility breach of reliefs:
which constitutes sufficient reason for temporary protection order,
investigation by the Bar and, upon proper cause inspection order,
appearing, a recommendation for discipline or production order or
disbarment of the offending member. witness protection order
The practice of law being clothed with public NO writ of amparo may be issued UNLESS there is a clear
interest, the holder of this privilege must submit to allegation of the supposed factual and legal basis of the
a degree of control for the common good. When right sought to be protected.
Congress enacted RA 6397 authorizing the
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Shall not issue when applied for as a substitute for the constitutional right to a balanced and healthful
appeal or certiorari process or when it will inordinately ecology is violated, or threatened with violation by an
interfere with these processes. unlawful act or omission of a public official or employee or
Improper remedy to regain authority and custody over a private individual or entity, involving environmental
minor child who was legally put up for adoption for there is damage of such magnitude as to prejudice the life, health
NO ENFORCED DISAPPEARANCE or property of inhabitants in TWO (2) or more cities or
provinces
o Writ of Habeas Data
Independent remedy to protect the right to privacy,
especially the right to informational privacy. o Writ of Continuing Mandamus
ESSENCE – goes to the very heart of a person’s Agency or instrumentality of the government or officer
individuality, an exclusive and personal sphere upon which thereof
the State has NO right to intrude WITHOUT legitimate unlawfully neglects the performance of an act
pubic concern which the law specifically enjoins as a duty
Right of individual to control the flow on information resulting from an office, trust or station in
concerning or describing them connection with the enforcement or violation of
Remedy available to any person whose right to privacy in an environmental law, rule or regulation or a right
life, liberty or security is violated or threatened with therein, or
violation by an unlawful act or omission of a public official unlawfully excludes another from the use or
or employee, or of a private individual or entity engaged in enjoyment of such right, and
the gathering, collecting, or storing of data or information NO other plain, speedy and adequate remedy in
regarding the person, family, honor and correspondence the ordinary course of law,
of the aggrieved party. the person aggrieved thereby may file a verified
Petition must sufficiently allege the MANNER in which the petition in the proper court alleging the facts with
right is violated or threatened with violation, and HOW certainty, attaching thereto supporting evidence,
such violation or threat affects the right to life, liberty or specifying that the petition concerns an
security of the aggrieved party. environmental law, rule or regulation
Ex. Forwarding of intelligence reports of the PNP praying that judgment be rendered commanding
to the PAGs (private armed groups) specifically the respondent to do an act or series of acts until
created for the purpose of investigating notorious the judgment is fully satisfied, and to pay
groups was held to be not unlawful damages sustained by the petitioner by reason of
If there is NO REASONABLE EXPECTATION OF the malicious neglect to perform the duties of the
PRIVACY, it will NOT warrant the issuance of writ of respondent, under the law, rules or regulations.
habeas data MMDA vs Concerned citizens of Manila Bay: cleaning and
Ex. Files and photos uploaded by a student or a rehabilitation of Manila Bay can be compelled by
minor on Facebook do not have a reasonable mandamus.
expectation of privacy when the minor’s The very act of doing what the law exacts to be done is
Facebook friends are the ones who showed the ministerial in nature and may be compelled by mandamus
pictures to the other parties for the reason that Writ of continuing mandamus issued means that until the
they did not resort to any unlawful means of government agencies concerned have shown full
gathering the information. It was voluntarily given compliance with the Court orders, the court exercises
to them by those who had legitimate access to continuing jurisdiction over them until full execution of the
such posts. judgment
environmental laws, protection of the environment or they commit any violation thereof. No other branch of
assertion of environmental rights government may intrude into this power, without running
afoul of the doctrine of separation of powers.
o Congress CANNOT amend the Rules of Court
Echegaray vs Sec of Justice: 1987 Constitution took away 8. Annual Report
the power of the Congress to repeal, alter or supplement o SC shall submit within 30 days FROM THE OPENING OF EACH
rules concerning pleading, practice and procedure. REGULAR SESSION of Congress, to the President and to
Congress an annual report on the operations and activities of the
o Rules of procedure of special courts and quasi-judicial bodies shall Judiciary
remain effective UNLESS disapproved by the SC
CONSULTATIONS/DECISIONS OF SC
6. Power of Appointment Conclusion is any case submitted to it for decision shall be reached in
o SC appoints all officials and employees of the Judiciary in consultation before the case is assigned to a member for the writing of the
accordance with the Civil Service Law opinion of the court.
o A certification to this effect signed by the Chief Justice shall be
7. Power of Administrative Supervision issued.
o SC shall have administrative supervision over all courts and the o This requirement is also applicable to lower collegiate courts
personnel thereof o Not applicable to administrative cases
Ombudsman may NOT initiate or investigate a criminal or o When votes are EQUALLY divided and MAJORITY VOTE NOT
administrative complaint before his office against a judge, OBTAINED, petition shall be DISMISSED
he must FIRST INDORSE the case to the SC for Decision shall state clearly and distinctly the facts and the law on which it is
appropriate action based
ABSENCE of any administrative action by the SC, o Not applicable to minute resolution dismissing a petition for habeas
investigation by the Ombudsman ENCROACHES into the corpus, certiorari or mandamus, provided a legal basis is given
SC’s power of administrative supervision o Not applicable to administrative cases.
Admin proceedings before the SC are confidential in o Not preclude the validity of Memorandum decisions
nature
It is a specie of succinctly written decisions by appellate
o Judge Caoibes vs Ombudsman
courts
Section 6, Art. VIII of the Constitution: SC is vested with Valid as it adopts by reference the findings of fact and
exclusive administrative supervision over all courts and its conclusions of law contained in the decisions of inferior
personnel. tribunals
Ombudsman cannot determine for itself and by itself It cannot incorporate findings of fact and the conclusions
whether a criminal complaint against a judge, or court of the law by lower courts only by means of remote
employee, involves an administrative matter. reference which is to say that the challenged decision is
The Ombudsman is duty bound to refer to the SC all cases not easily and immediately available to the person reading
against judges and court personnel filed before it for the memo decision.
determination as to whether and administrative aspect is Incorporation by reference is allowed ONLY if it provides
involved therein. for direct access to the facts and the law being adopted
The Ombudsman cannot dictate to, and bind the Court, to which must be contained in a statement attached to the
its findings that a case before it does or does not have said decision.
administrative implications. Memorandum should ACTUALLY embody the findings of
To do so is to (1) deprive the Court of the exercise of its facts and conclusions of law of the lower court in an annex
administrative prerogatives and (2) to arrogate unto itself a attached to and made an indispensable part of the
power not constitutionally sanctioned. This is a dangerous decision.
policy which impinges on judicial independence. o A decision need NOT be a complete recital of the evidence
presented, as long as the factual and legal basis are clearly and
In Maceda vs. Vasquez, it is only the SC that can oversee
distinctly set forth supporting the conclusions drawn therefrom
the judges’ and court personnel’s compliance with all laws,
and take the proper administrative action against them if
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o A decision is NOT limited to the dispositive portion it must state the PERIODS FOR DECISION
ff: All cases filed after the effectivity of the Constitution must be decided or
Nature of the case resolved from date of submission within:
Summary of the facts with reference to the record o SC – 24 months
Statement of applicable laws and jurisprudence o Lower Collegiate Courts – 12 months
Court’s statement and conclusions of the case o All other lower courts – 3 months
No petition for review or motion for reconsideration shall be refused due o In the case of lower collegiate courts and other lower courts, period
course or denied without stating the legal basis therefor. may be reduced by the SC
o In case of DELAY, a certification to be signed by the Chief Justice
or Presiding Justice shall be issued stating the reason
TENURE OF JUSTICES/JUDGES o Sin Perjuico Judgments – judgment without a statement of the
SC justices may be removed only be impeachment facts in support of its conclusions, to be later supplemented by the
Lower court judges shall hold office during good behavior until they reach the final judgment (PROHIBITED)
age of 70 years or become incapacitated to discharge the duties of their o The periods are designed to prevent delay in the administration of
office. justice
o SC en banc shall have the power to discipline judges of lower o Failure to decide cases within the period prescribed by the law is
courts, OR NOT excusable and constitutes gross inefficiency which is a ground
o order their dismissal by a vote of a MAJORITY of the members who for administrative sanction
ACTUALLY TOOK PART in the deliberations on the issues and o HOWEVER, it is not tantamount to dereliction of duty
voted thereon. o Judges who cannot comply must ask for additional time explaining
NO administrative action by the SC, NO investigation shall be conducted by in a REQUEST the reasons for the delay
the Ombudsman on judges and court personnel o Maturan vs Gutierrez-Torres
Judges CANNOT be disciplined for every erroneous order or decision Article VIII, Section 15(1) of the 1987 Constitution requires
rendered in the absence of a clear showing of ill motive, malice or bad faith that all cases or matters filed after the effectivity of the
HOWEVER, not a license for them to be negligent or abusive in performing Constitution must be decided or resolved within twenty-
their adjudicatory prerogatives four months from date of submission for the Supreme
Absence of bad faith or malice will NOT totally exculpate them from charges Court, and, unless reduced by the Supreme Court, twelve
of incompetence and ignorance of the law months for all lower collegiate courts, and three months for
When the law violated is elementary, failure to know or observe it constitutes all other lower courts. Thereby, the Constitution mandates
gross ignorance of the law all justices and judges to be efficient and speedy in the
When the inefficiency springs from a failure to consider so basic and disposition of the cases or matters pending in their courts.
elementary a law or a principle in the discharge of their duties, a judge is Reiterating the mandate, the New Code of Judicial
either Conduct for the Philippine Judiciary requires judges to
o Too incompetent ad undeserving of the position and title he holds “devote their professional activity to judicial duties, which
OR include xxx the performance of judicial functions and
o Too vicious that the oversight or omission was deliberately done in responsibilities in court and the making of decisions xxx,”
bad faith and in grave abuse of judicial authority and to “perform all judicial duties, including the delivery of
No prescription in filing complaints administratively reserved decisions, efficiently, fairly and with reasonable
promptness.”13 Likewise, Rule 3.05, Canon 3 of the Code
No law shall be passed reorganizing the judiciary when it undermines the of Judicial Conduct imposes on all judges the duty to
security of tenure of its members. dispose of their courts’ business promptly and to decide
cases within the required periods.
SALARIES These judicial canons directly demand efficiency from the
Fixed by law judges in obvious recognition of the right of the public to
May not be decreased during their continuance in office the speedy disposition of their cases. In such context, the
Imposition of income tax on salaries does NOT violate the constitutional saying justice delayed is justice denied becomes a true
prohibition against decrease in salaries encapsulation of the felt need for efficiency and
promptness among judges.
Failure of the judge to decide a case within the reglementary period Office of the Court Administrator vs Balut
constitute gross dereliction of duty the gravity of which depends on several o In administrative cases, the quantum of proof necessary is
factors: substantial evidence or such relevant evidence as a reasonable
o Number of cases not decided on time mind may accept as adequate to support a conclusion. The
o Damage suffered by the parties as a result of the delay standard of substantial evidence is justified when there is
o Presence of other aggravating or mitigating circumstances reasonable ground to believe that respondent is responsible for the
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POLITICAL LAW FINALS REVIEWER (2nd half)
misconduct complained of, even if such evidence is not borrowings were paid as what counts is the fact that these funds
overwhelming or even preponderant. were used outside of official business."
o A review of the records shows that Judge Balut actually messed o Time and time again, this Court has emphasized that "the judge is
with the court collections. The 3 clerks of court of MTC Bayombong, the visible representation of the law, and more importantly, of
MTC Solano and MCTC Aritao-Sta Fe categorically stated that justice. It is from him that the people draw their will and awareness
Judge Balut borrowed money from the court funds and executed to obey the law. For the judge to return that regard, he must be the
certifications to that effect. They separately reported that Judge first to abide by the law and weave an example for others to follow."
Balut had been borrowing money from the various funds of the
court collections. In fact, Lydia Ramos (Ramos), the Clerk of Court Disini, Jr. vs Secretary of Justice 716 SCRA 237 (2014)
of MCTC-Aritao-Sta. Fe, presented several withdrawal slips where o Section 8 of the Cybercrime Law provides for the penalties for the
the back portions were signed either by Judge Balut or his court violation of the said law such as: Sections 4(a) on Offenses Against
interpreter, Salvador Briones, as the recipient of the cash withdrawn the Confidentiality, Integrity and Availability of Computer Data and
from the funds of the court. These withdrawal slips likewise bore the Systems; 4(b) on Computer-related Offenses; 4(a)(5) on Misuse of
notations of Ramos such as "Judge," "for Judge," "taken by Judge," Devices; when the crime punishable under 4(a) is committed
and "given to Judge" to serve as her reminder that the money against critical infrastructure; 4(c)(1) on Cybersex; 4(c)(2) on Child
withdrawn were given to Judge Balut. Pornography; 4(c)(3) on Unsolicited Commercial Communications;
o Judge Balut himself issued the Certification stating that his cash and Section 5 on Aiding or Abetting, and Attempt in the Commission
accountability as of April 2002 with the Fiduciary Fund of Cybercrime
was P207,774.42 and there were certifications issued by the clerks The matter of fixing penalties for the commission of crimes
of court attesting that he had settled his accountabilities. is as a rule a legislative prerogative. Here the legislature
o In the said prior resolution, the Court categorically stated that Judge prescribed a measure of severe penalties for what it
Balut was fined for undue delay in deciding 33 cases submitted for regards as deleterious cybercrimes. They appear
decision and for failing to resolve 101 motions within the 90-day proportionate to the evil sought to be punished. The power
reglementary period. to determine penalties for offenses is not diluted or
o Court stresses that judges must adhere to the highest tenets of improperly wielded simply because at some prior time the
judicial conduct. Because of the sensitivity of his position, a judge is act or omission was but an element of another offense or
required to exhibit, at all times, the highest degree of honesty and might just have been connected with another
integrity and to observe exacting standards of morality, decency crime. Judges and magistrates can only interpret and
and competence. He should adhere to the highest standards of apply them and have no authority to modify or revise their
public accountability lest his action erode the public faith in the range as determined by the legislative department.
Judiciary. The courts should not encroach on this prerogative of the
o Judge Balut fell short of this standard for borrowing money from the lawmaking body.
collections of the court. He knowingly and deliberately made the o Power to issue subpoena is NOT EXCLUSIVELY a judicial function.
clerks of court violate the circulars on the proper administration of Judicial function to issue subpoena may be exercised by executive
court funds. He miserably failed to become a role model of his staff agencies as an adjunct of their investigatory powers.
and other court personnel in the observance of the standards of o Section 19 empowers the Department of Justice to restrict or block
morality and decency, both in his official and personal conduct. access to computer data:
o The act of misappropriating court -funds constitutes dishonesty and Sec. 19 When a computer data is prima facie found to be
grave misconduct, punishable by dismissal from the service even in violation of the provisions of this Act, the DOJ shall
on the first offense. For said reason, the respondent deserves a issue an order to restrict or block access to such computer
penalty no lighter than dismissal. This Court has never tolerated data.
and will never condone any conduct which violates the norms of o Section 19 operates as a restriction on the freedom of expression
public accountability, and diminish, or even tend to diminish, the over cyberspace. Certainly not all forms of speech are protected.
faith of the people in the justice system. Legislature may, within constitutional bounds, declare certain kinds
o The fact that Judge Balut fully paid his cash liabilities will not shield of expression as illegal. But for an executive officer to seize content
him from the consequences of his wrongdoings. His unwarranted alleged to be unprotected without any judicial warrant, it is not
interference in the Court collections deserves administrative enough for him to be of the opinion that such content violates some
sanction and not even the full payment of his accountabilities will law
exempt him from liability. "It matters not that these personal
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Inhibitions/Disqualifications
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Shall not, during tenure: Final decisions of the CSC are enforceable by a writ of execution that the
Hold any other office/ employment CSC may itself issue
Engage in practice of any profession
Engage in active management/ ctrl of any business w/c in any way may be
affected by the functions of his office I. CIVIL SERVICE COMMISSION
Be financially interested in any contract w/, or in any franchise/ privilege
granted by the gov’t/ subdivisions/agencies COMPOSITION
Chairman + 2 Commissioners-
When the CSC Chairman sits as Board member of GSIS, PHILHEALTH, Natural born citizens
ECC, and HDMF, he may exercise powers that are not anymore derived At least 35 y/o at the time of appointment
from his position as CSC Chairman. It also entitles him to receive a per Proven capacity for public administration
diem. Thus, EO 864 is unconstitutional. Must not have been candidates for any elective position in the election
immediately preceding appointment
Rotational scheme of Appointments Appointed by the President w/ consent of Commission on Appointments for a
First appointees shall serve terms of 7, 5, and 3 years. After the 1st term of 7 yrs w/o reappointment
commissioners are appointed, the rotational scheme is intended to prevent In no case shall any member be appointed or designated in a temporary or
the possibility of one President appointing all the Commissioners acting capacity
2 conditions:
1) Terms of the first commissioners should start on a common date, CONSTITUTIONAL OBJECTIVES/FUNCTIONS
2) Vacancy due to death, resignation or disability before the expiration of the As the central personnel agency of the Gov’t:
term should be filled only for the unexpired balance of the term o To establish a career service & adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy
Decisions in the civil service.
1) Shall be by majority vote of ALL its members & decided w/in 60 days from o To strengthen the merit & rewards system, integrate all human
the date of submission for decision (if it’s a case) or resolution (if it’s a
resources development programs for all levels and ranks and to
matter) (sec. 7, Art. IX-A)
institutionalize a management climate conducive to public
i. Majority vote of all members, including those that weren’t present
accountability [Sec. 3, Art. IX- B]
during deliberation
Enjoys a wide latitude of discretion and may not be compelled by mandamus
ii. In case Commissioners have retired prior to promulgation of
to issue such eligibility.
decision, their votes are considered withdrawn.
o CSC cannot validly abolish CESB because CESB was created by
iii. Unless the withdrawal of the votes would materially affect the result,
no reason to declare the decision a nullity. law
iv. When the COMELEC en banc is equally divided in an opinion, there Under the Administrative Code of 1987, the CSC has the power to hear &
shall be a rehearing. If no majority is reached upon rehearing, decide administrative cases instituted before it directly or on appeal,
action or proceeding shall be dismissed. In appealed cases, including contested appointments.
judgment or order shall be affirmed in incidental matters, petition or The power of CSC includes the authority to recall an appointment initially
motion is denied. approved in disregard of applicable provisions of the CS law & regulations
Commission has original jurisdiction to hear & decide a complaint for
2) Any decision, order or ruling of each Commission may be brought to SC on cheating in the Civil Service examinations committed by gov’t employees.
certiorari by the aggrieved party w/in 30 days from receipt of a copy thereof. The fact that the complaint was filed by the CSC itself does not mean that it
i. Issues are limited to those involving grave abuse of discretion. cannot be an impartial judge. [Cruz v. CSC]
ii. Certiorari under Rule 65 is the proper remedy. Decisions of lower level officials are appealable to agency head, then to
iii. Final decisions of the CSC are appealable under Rule 43 petition CSC. RTC has no jurisdiction.
for review with the CA; decision of the CA is appealable under Rule No appellate jurisdiction in case of separation from government service
45 to the SC.
All branches, subdivisions, instrumentalities and agencies of the Gov’t Security of tenure of employees in the career executive service (except first
including GOCC w/ original charters. [Sec. 2 (1) Art. IX B] & second level employees in the civil service) pertains only to rank and not
o NHC is not embraced in the civil service. It is the Constitution in to the office or to the position to which they may be appointed.
place at the time of the decision that governs. Thus, a career executive officer may be transferred or reassigned from one
o Univ. of the Phils having been created by a special law and having position to another w/out losing his rank w/c follows him wherever he is
an original charter, clearly part of the CS. transferred or reassigned
o Quasi-public corporations’ employees fall within the jurisdiction of If respondent does not have the rank appropriate for the position of Chief
the CSC. Public Attorney, her appointment cannot be considered permanent, and she
o Government agency is within the scope of the CSC an claim no security of tenure in respect to that position.
o Government hospital falls within the score of the coverage When the appointee does not possess the required career executive service
eligibility, his appointment will never attain permanency
o Phil. Nat’l Red Cross is neither an instrumentality of the State nor
When a person who lacks CES eligibility has retired, his right to remain in
strictly a private corporation. It is not a GOCC that is within the
the CES position also ceased
scope of the CSC.
A person who lacks the requisite qualifications, as an exception, may be
appointed but only in an acting capacity.
CLASSES OF SERVICE
1) Career service
2) Non-career service 2) Non-Career Service (NCS)
Exception: Positions w/c are policy determining, primarily confidential, or reviewing appointments to determine compliance to requirements of the CS
highly technical, by competitive examination [Sec. 2 (2) Art. IX-B] Law.
Appointment should be submitted to the CSC within 30 days from issuance;
EXEMPT FROM COMPETITIVE EXAMINATION otherwise, it shall be ineffective. (sec. 11, Omnibus CS Rules and
Policy determining - where officer lays down principal or fundamental Regulations)
guidelines or rules or formulates method of action for gov’t or any of its In Abella Jr. vs CSC, the SC held that both appointing authority and the
subdivisions e.g. department head appointed are the real parties in interest and both have legal standing.
Although the appointee has not vested right, it was his eligibility that was
Primarily Confidential - denoting not only confidence in the aptitude of the being questioned.
appointee for the duties of the office but primarily close intimacy w/c ensures
freedom of intercourse w/out embarrassment or freedom from misgivings or DISQUALIFICATIONS
betrayals on confidential matters of the state; or one declared to be so by the No candidate who has lost in any election shall, w/in 1 yr after such, be
President upon recommendation of CSC e.g. City legal officer appointed to any office in the gov’t / GOCC [Sec 6, Art IX B]
No elective official shall be eligible for appointment or designation in any
Highly Technical - requires possession of technical skills or training in a capacity to any public office or position during his tenure [Sec 7 (1) Art. IX B]
superior degree. e.g. PNB legal counsel (but also primarily confidential) Unless otherwise allowed by law or by the primary functions of his position,
no appointive official shall hold any other office or employment in the Gov’t
General rule: Permanent appointment can issue only to a person who or any subdivision, agency, instrumentality, including GOCC/ subsidiary [Sec
possesses all the requirements for the position to which he is appointed. 7 (2) Art IX-B]
Exception: where, in the absence of appropriate eligibles, he or she may be
appointed temporarily for a period of 12 months. Where the other posts are held by a public officer in an ex-officio capacity as
Ratio: To prevent hiatus in the discharge of official functions provided by law or required by his primary functions, he is prohibited from
o Termination of a temporary appointment may be with or without receiving any additional compensation for his services; deemed already paid
cause. for and covered by the compensation attached to his principal office.
The Court held that where a non-eligible holds a temporary SECURITY OF TENURE
appointment, his replacement by another non-eligible is NOT No officer or employee of the CS shall be removed or suspended except for
prohibited. cause provided by law [Sec 2 (3) Art IX B]
Grounds and procedure for investigation and discipline are provided in the
DISCRETION OF APPOINTING AUTHORITY CS Law. Non-compliance constitutes denial.
Appointing authority has the right of choice w/c he may exercise freely o Presidential appointee under direct disciplinary authority of the
according to his best judgment, deciding for himself who is best qualified President. But the President does not have unfettered discretion to
among those “eligibles”. Final choice of appointing authority should be impose a penalty other than the penalty provided by law for the
respected and left undisturbed. offense
Even if officers and employees in the career service of the CS enjoy the right o Unconsented transfer of the officer, resulting in demolition in rank or
to preference in promotion, it is not mandatory that the vacancy be filled by salary, is a violation of the security of tenure clause in the
promotion. Constitution
SC held that the CSC cannot convert a temporary appointment into a o When an employee is illegally dismissed, & his reinstatement is
permanent one as it would constitute an arrogation of a power belonging to later ordered by the Court, for all legal intents & purposes he is
the appointing authority. considered as not having left his office, and notwithstanding the
CSC, however, may approve as merely temporary an appointment intended silence of the decision, he is entitled to backwages [Del Castillo v.
to be permanent CSC
o When the reinstatement is ordered by the court not by exoneration
ROLE OF CSC or unstifiable suspension but as an act of liberality of the CA, claim
Check if the appointee possesses the qualifications and appropriate for backwages must be denied.
eligibility. If he does, his appointment is approved; if it is not, if disapproved. o Security of tenure in Career Executive Service pertains to rank, not
The committees work is recommendatory. It is limited to approving or to the position to which the employee may be appointed [General v.
Roco]
o Valid abolition of office does not violate the constitutional guarantee TE of the government shall be given such protection as may be provided by the law
of the security of tenure. [Sec 2 (6) Art IX B]
o Reorganization of office does not necessarily result in abolition of
the office, and does not justify the replacement of permanent Standardization of Compensation
officers & employees. But where, as a result of the reorganization, Congress shall provide for standardization of compensation of government official &
employees were effectively demoted by their assignment to employees, including those in GOCC w/ orig charters, taking into account the nature
positions lower than those they previously held, there is violation of of responsibilities pertaining to and the qualifications required for their positions. [Sec
security of tenure, and CSC may order reinstatement. 5 Art IX B]
o Under ROC, a career service officer or employee unlawfully ousted
from his office has 1 yr. to file an action in court to recover his DOUBLE COMPENSATION
office, otherwise it prescribes. Exception: On grounds of equity, SC No elective or appointive public officer or employee shall receive additional,
may allow filing beyond 1 year. double, or indirect compensation unless specifically authorized by law, nor
o CSC has appellate jurisdiction over the Merit System Protection accept w/out the consent of Congress, any present emoluments, office or
Board’s decisions in administrative disciplinary cases, not over title of any kind from any foreign government. Pensions and gratuities shall
MSPB decision exonerating the respondent. Appeal may be made not be considered as additional, double or indirect compensation. [Sec 8 Art.
only by the party adversely affected. 9B]
o Appeal to the CSC may be made only by the aggrieved party. Second sentence means that the retiree can continue to receive such
o As an aggrieved party in adverse decision of the CA, the CSC may pension or gratuity even after he accepts another gov’t position. But he
appeal such decision to the SC. cannot credit his years of service in the Judiciary (for which he now receives
o It appears that petitioners were removed as NAPOLCOM officers his pension under RA 910) in the computation of the separation pay to which
by virtue of the law; thus Canonizado’s acceptance of the position he may be entitled under RA 7924 for the termination of his last employment.
of Inspector General during the pendency of this case cannot be [Santos vs. CA]
deemed to be an abandonment of his claim for reinstatement to the
position of Commissioner. Oath of Allegiance
All public officers and employees shall take an oath or affirmation to uphold & defend
this Constitution. [Sec. 14, Art. 9-B]
PARTISAN POLITICAL ACTIVITY
No officer or employee in the CS shall engage, in any electioneering or
partisan political campaign [Sec 2 (4) Art IX B] II. COMELEC
The CS Law prohibits engaging directly or indirectly in any partisan political (See separate part on Election Law)
activity or taking part in any election, except to vote, or use official authority
to coerce the political activity of any person or body. But this does not
prevent expression of views on current political issues, or mention the
names of candidates for public office whom the public officer supports.
Military is covered by this provision, except reservists.
Prohibition NOT applicable to: Mem of the Cabinet and public officers &
employees holding political offices (who are allowed to take part in political &
electoral activities, except to solicit contributions from their subordinates or
commit acts prohibited under Election Code)
RIGHT TO SELF-ORGANIZATION
The right to self-organization shall not be denied to gov’t employees [Sec. 2
(5) Art IX B]
But they may not engage in strikes to demand changes in the terms &
conditions of their employment.
Ratio: these are provided by law.
III. COMMISSION ON AUDIT 4) Promulgate accounting and auditing rules & regulations including those for
the prevention & disallowance of irregular, unnecessary, expensive,
COMPOSITION extravagant, or unconscionable expenditures or uses of government funds
Chairman & 2 Commissioners or property.
QUALIFICATIONS o COA may stop payment of the price stipulated in gov’t contracts
Natural born Filipino citizens when found to be irregular or extravagant.
At least 35 o COA may validly prohibit the use of gov’t vehicles of officials who
CPAs w/ not less than 10 yrs of auditing experience OR mem of the Phil bar are provided transportation allowance.
w/ at least 10 yrs practice of law
Must not have been candidates in the election immediately preceding the JURISDICTION
appointment No law shall be passed exempting any entity of Gov’t, or any investment of
At no time shall all mem belong to the same profession public funds, from the jurisdiction of the CoA. [sec. 3, Art 9-B]
Appointed by the Pres w/ CoA consent for a term of 7 yrs w/o reappointment CoA has the authority to investigate whether directors, officials or employees
of government-owned and contro0lled corporations, receiving additional
Promotional appointment of commissioner to chairman is not prohibited, provided allowances and bonuses are entitled to such benefits under applicable laws.
new appointee’s tenure in both capacities does not exceed 7 years. Sec. 18, RA 6758 prohibits officials and employees of COA from receiving
salaries, honoraria, bonuses, allowances or other emoluments from any
POWERS/DUTIES gov’t entity except compensation paid directly by COA out of its
1) Examine, audit, & settle all accounts pertaining to the revenue and receipts appropriations.
of, & expenditures or uses of funds and property owned or held in trust or
pertaining to, the Gov’t CASE DOCTRINES
o Post-audit basis: ConComs and other bodies with fiscal autonomy, CSC VS DEPARTMENT OF BUDGET
autonomous state colleges and universities, other GOCCs and The ‘no report, no release’ policy may not be validly enforced against offices
subsidiaries, NGOs receiving subsidy from or through gov’t. vested with fiscal autonomy.
o Temporary or special pre-audit: where the internal control system of To hold that CSC may be subjected to withholding or reduction of funds in
the audited agency is inadequate. the event of a revenue shortfall would, to that extent, place CSC and the
o Under the 1987 Constitution, COA may validly veto appropriations other entities vested with fiscal autonomy on equal footing with all others
which violate rules on unnecessary, irregular, extravagant, or which are not granted the same autonomy, thereby reducing to naught the
unconscionable expenses. distinction established by the Consti. The agencies which the Consti has
o COA has audit jurisdiction over GOCCs with original charter and vested with fiscal autonomy should thus be given priority in the release of
GOCCs without original charter. Nature or purpose of the their approved appropriations over all other agencies not similarly vested
corporation is not material. when there is a revenue shortfall.
o COA auditors should act with great care and caution, as their
conclusion constitutes sufficient basis for the filing of appropriate CHREA VS CHR
charges against erring employees. The SC said that only the following departments or offices enjoy fiscal
autonomy as mandated by the Constitution: the Constitutional Commissions,
2) Keep the gen. accts of the gov’t and preserve vouchers and supporting the Office of the Ombudsman, and the Judiciary. The bases are in the
papers for such period as provided by law Constitutional provisions themselves.
In all of the said departments and commissions, there is a provision
3) Authority to define the scope of its audit and examination, establish declaring: “The Commission/Judiciary/Office of the Ombudsman shall enjoy
techniques and methods required therefor. fiscal autonomy. Their approved annual appropriations shall be automatically
and regularly released.*”
o COA’s power to define scope of audit and promulgate auditing rules
and regulations and the power to disallow unnecessary GAMINDE VS COMMISSION ON AUDIT
expenditures is exclusive. Power to examine audit is NOT In the law of public officers, there is a settled distinction between “term” and
exclusive. “tenure.” “[T]he term of an office must be distinguished from the tenure of the
incumbent. The term means the time during which the officer may claim to
hold office as of right, and fixes the interval after which the several o The civil service embraces all branches, subdivisions,
incumbents shall succeed one another. instrumentalities, and agencies of the Government, including
The tenure represents the term during which the incumbent actually holds government-owned or controlled corporations with original charters.
the office. The term of office is not affected by the hold-over. The tenure may By virtue of Presidential Decree (P.D.) No. 1341, PUP became a chartered
be shorter than the term for reasons within or beyond the power of the state university, thereby making it a government-owned or controlled
incumbent.” corporation with an original charter whose employees are part of the Civil
Service and are subject to the provisions of E.O. No. 292.
FETALINO VS COMELEC
To be entitled to the five-year lump sum gratuity under Sec 1 RA 1568, any
of the following events must transpire: 1) retirement from the service for DEL CASTILLO VS CSC
having completed the term of office; 2) Incapacity to discharge the duties of When an official or employee was illegally dismissed and his reinstatement
their office, 3) death while in the service; and 4) resignation after reaching has later been ordered, for all legal purposes he is considered as not having
the age of sixty (60) years but before the expiration of the term of the office. left his office. Therefore, he is entitled to all the rights and privileges that
In addition, the officer should have rendered not less than 20 years of accrue to him by virtue of the office he held
service in the gov’t at the time of retirement.
A simple reading of this provision shows that it only applies to ordinary PNB VS GARCIA
actions, special proceedings, provisional remedies and special reliefs. Under The right to appeal is not a natural right or a part of due process, but a mere
Section 5, Rule 1 of the Comelec Rules of Procedures, ordinary actions refer statutory privilege that may be exercised only in the manner prescribed by
to election protests, quo warranto, and appeals from decisions of courts in law. Under PD 807, the Civil Service Commission has jurisdiction over
election protest cases; special appeals of administrative disciplinary cases, in which penalty imposed is
suspension for more than 30 days; a fine exceeding 30 days’ salary; a
ALVAREZ VS COMELEC demotion in rank or salary; or, transfer, removal, or dismissal from office.
The Court is not unaware of the Constitutional provision cited by petitioner. It
agrees with him that election cases must be resolved justly, expeditiously BANTAY REPUBLIC ACT VS COMELEC
and inexpensively. It is also not unaware of the requirement of Section 257 COMELEC has a constitutional duty to disclose and release the names of
of the Omnibus Election Code that election cases brought before the the nominees of the party-list groups named in herein petitions. As may be
Commission shall be decided within ninety days from the date of submission noted, no national security or like concerns is involved in the disclosure of
for decision. the names of the nominees of the party-list groups in question.
The records show that petitioner contested the results of ten (10) election Doubtless, the COMELEC committed grave abuse of discretion in refusing
precincts involving scrutiny of affirmation, reversal, validity, invalidity, the legitimate demands of the petitioners for a list of the nominees of the
legibility, misspelling, authenticity, and other irregularities in these ballots. party list groups.
The COMELEC has numerous cases before it where attention to minutiae is
critical. Considering further the tribunal's manpower and logistic limitations, it SANTOS VS COURT OF APPEALS
is sensible to treat the procedural requirements on deadlines realistically. The retirement benefits which Santos had received or has been receiving
Overly strict adherence to deadlines might induce the Commission to resolve under R.A. 910 do not constitute double compensation. He could continue
election contests hurriedly by reason of lack of material time. In our view this receiving the same even if after his retirement he had been receiving salary
is not what the framers of the Code had intended since a very strict from the defunct MMA as Director III thereof. This is but just because said
construction might allow procedural flaws to subvert the will of the electorate retirement benefits are rewards for his services as MeTC Judge, while his
and would amount to disenfranchisement of voters in numerous cases. salary was his compensation for his services as Dir. III of the MMA.
However, to credit his years of service in the Judiciary in the computation of
CSC VS COURT OF APPEALS his separation pay under R.A. No. 7924 notwithstanding the fact that he had
The CSC, as the central personnel agency of the government, has the power received or has been receiving the retirement benefits under R.A 910, would
to appoint and discipline its officials and employees and to hear and decide be to allow double compensation for exactly the same services, that is his
administrative cases instituted by or brought before it directly or on appeal. services as MeTC Judge.
Section 2(1), Article IX(B) of the 1987 Constitution defines the scope of the Such would run counter to the policy of this Court against double
civil service: compensation for exactly the same service. It would be in violation of the 1st
par. of Sec. 8 of Art. 9- B of the Constitution, which proscribes additional,
double, or indirect compensation. Moreover, Sec. 11 of R.A. No. 7924 does
not specifically authorize payment of additional compensation for years of any election except to vote. Under the same provision, elective officials, or
govt. service outside of the MMA. officers or employees holding political offices, are obviously expressly
allowed to take part in political and electoral activities.
CSC VS YU
We rule, therefore, under the attendant circumstances of the case, that with MENDOZA VS COMELEC
Dr. Castillo's re-absorption by the DOH which appears to bear the former's There is a difference in the result of the exercise of jurisdiction by the
approval, her devolved position with the LGU of Basilan was left vacant. In COMELEC over election contests. The difference inheres in the kind of
her May 19, 1994 letter to Governor Salapuddin, Ms. Vivian L. Young jurisdiction invoked, which in turn, is determined by the case brought before
informed the local chief executive that he had the ―option to retain the item the COMELEC. When a decision of a trial court is brought before the
vacated or to collapse the same for financial reasons. COMELEC for it to exercise appellate jurisdiction, the division decides the
Thus, we hold that Dr. Yu was validly appointed to the position of PHO II in appeal but, if there is a motion for reconsideration, the appeal proceeds to
1994 and, consequently, acquired a vested right to its re-classified the banc where a majority is needed for a decision.
designation – Chief of Hospital II. As such, Dr. Yu should have been If the process ends without the required majority at the banc, the appealed
automatically re-appointed by Secretary Dayrit in accordance with the decision stands affirmed. Upon the other hand, and this is what happened in
Guidelines for the ReNationalization of Personnel, Assets and Appropriations the instant case, if what is brought before the COMELEC is an original
of Basilan Provincial Hospital. protest invoking the original jurisdiction of the Commission, the protest, as
one whole process, is first decided by the division, which process is
PENERA VS COMELEC continued in the banc if there is a motion for reconsideration of the division
SECTION 80. Election campaigning or a partisan political activity outside ruling.
campaign period- It shall be unlawful for any person, whether or not a voter If no majority decision is reached in the banc, the protest, which is an original
or candidate, or for any party, or association of persons, to engage in an action, shall be dismissed. There is no first instance decision that can be
election campaign or partisan political activity except during the campaign deemed affirmed.
period: xxxxx
SECTION 68. Disqualifications.- Any candidate who, in action or protest in TALAGA VS COMELEC
which he is a party is declared by final decision of a complete court guilty of, Considering that a cancelled CoC does not give rise to a valid candidacy,
or found by the Commission of having xxx e) violated any of Sections 80, 83, there can be no valid substitution of the candidate under Section 77 of the
85, 86 and 261, paragraphs d,e,k,v and cc, subparagraph 6, shall be Omnibus Election Code. It should be clear, too, that a candidate who does
disqualified from continuing as a candidate, or if he has been elected, from not file a valid CoC is not at all a candidate.
holding the office. All told, a disqualified candidate may only be substituted if he had a valid
In the case at bar, it had been sufficiently established, not just by Andanar’s certificate of candidacy in the first place because, if the disqualified
evidence, but also those of Penera herself, that Penera and her partymates, candidate did not have a valid and seasonably filed certificate of candidacy,
after filing their COCs, participated in a motorcade which passed through the he is and was nota candidate at all.
different barangays of Sta. Monica, waived their hands to the public, and
threw candies to the onlookers. ABUNDO VS COMELEC
Considering that a cancelled CoC does not give rise to a valid candidacy,
QUINTO VS COMELEC there can be no valid substitution of the candidate under Section 77 of the
Substantial distinctions clearly exist between elective officials and appointive Omnibus Election Code. It should be clear, too, that a candidate who does
officials. The former occupy their office by virtue of the mandate of the not file a valid CoC may not be validly substituted, because a person without
electorate. They are elected to an office for a definite term and may be a valid CoC is not considered a candidate in much the same way as any
removed therefrom only upon stringent conditions. person who has not filed a CoC is not at all a candidate.
On the other hand, appointive officials hold their office by virtue of their Likewise, a candidate who has not withdrawn his CoC in accordance with
designation thereto by an appointing authority. Some appointive officials hold Section 73 of the Omnibus Election Code may not be substituted. A
their office in a permanent capacity and are entitled to security of tenure withdrawal of candidacy can only give effect to a substitution if the substitute
while others serve at the pleasure of the appointing authority. candidate submits prior to the election a sworn CoC as required by Section
Another substantial distinction between the two sets of officials is that 73 of the Omnibus Election Code.
appointive officials, as officers and employees in the civil service, are strictly The notion of full service of three consecutive terms is related to the
prohibited from engaging in any partisan political activity or take (sic) part in concepts of interruption of service and voluntary renunciation of service. The
word interruption means temporary cessation, intermission or suspension. To candidate cannot be equated with a candidate disqualified on grounds
interrupt is to obstruct, thwart or prevent. provided in the OEC and Local Government Code.
When the Constitution and the LGC of 1991 speak of interruption, the
reference is to the obstruction to the continuance of the service by the DELOS SANTOS VS COA
concerned elected official by effectively cutting short the service of a term or Public officers who are custodians of government funds shall be liable for
giving a hiatus in the occupation of the elective office. On the other hand, the their failure to ensure that such funds are safely guarded against loss or
word “renunciation” connotes the idea of waiver or abandonment of a known damage, and that they are expended, utilized, disposed of, or transferred in
right. accordance with the law and existing regulations, and on the basis of
To renounce is to give up, and on, decline or resign. Voluntary renunciation prescribed documents and necessary records.
of the office by an elective local official would thus mean to give up or
abandon the title to the office and to cut short the service of the term the
concerned elected official is entitled to. MAQUILING VS COMELEC
It is unquestioned that Arnado is a natural born Filipino citizen, or that he
JALOSJOS VS COMELEC acquired American citizenship by naturalization. There is no doubt that he
While the Constitution vests in the COMELEC the power to decide all reacquired his Filipino citizenship by taking his Oath of Allegiance to the
questions affecting elections, such power is not without limitation. It does not Philippines and that he renounced his American citizenship. It is also
extend to contests relating to the election, returns, and qualifications of indubitable that after renouncing his American citizenship, Arnado used his
members of the House of Representatives and the Senate. U.S. passport at least six times.
The Constitution vests the resolution of these contests solely upon the If there is any remaining doubt, it is regarding the efficacy of Arnado’s
appropriate Electoral Tribunal of the Senate or the House of renunciation of his American citizenship when he subsequently used his U.S.
Representatives. passport. The renunciation of foreign citizenship must be complete and
unequivocal. The requirement that the renunciation must be made through
SOBEJANA-CONDON VS COMELEC an oath emphasizes the solemn duty of the one making the oath of
There is no reason to dispute the COMELEC’s authority to order renunciation to remain true to what he has sworn to.
discretionary execution of judgment in view of the fact that the suppletory Allowing the subsequent use of a foreign passport because it is convenient
application of the Rules of Court is expressly sanctioned by Section 1, Rule for the person to do so is rendering the oath a hollow act. It devalues the act
41 of the COMELEC Rules of Procedure. of taking of an oath, reducing it to a mere ceremonial formality.
The dissent states that the Court has effectively left Arnado "a man without a
ARATEA VS COMELEC country".1On the contrary, this Court has, in fact, found Arnado to have more
We hold that Antipolo, the alleged “second placer,” should be proclaimed than one. Nowhere in the decision does it say that Arnado is not a Filipino
Mayor because Lonzanida’s certificate of candidacy was void ab initio. In citizen. What the decision merely points out is that he also possessed
short, Lonzanida was never a candidate at all. All votes for Lonzanida were another citizenship at the time he filed his certificate of candidacy.
stray votes. Thus, Antipolo, the only qualified candidate, actually garnered
the highest number of votes for the position of Mayor. The conviction of
Lonzanida by final judgment, with the penalty of prisión mayor, disqualifies
him perpetually from holding any public office, or from being elected to any
public office. This perpetual disqualification took effect upon the finality of the
judgment of conviction, before Lonzanida filed his certificate of candidacy.
VII. ACCOUNTABILITY OF PUBLIC OFFICERS i. The special prosecutor cannot conduct an investigation into alleged
misconduct of a Supreme Court Justice, with the end view of filing a
criminal information against him with the Sandiganbayan, as this
1935 1973 1987 would violate the security of tenure of Supreme Court Justices(AM
President President President No. 88-4-5433)
Vice- Members of Vice-President ii. An impeachable officer who is a member of the Philippine Bar
President the Supreme Members of the cannot be disbarred without fist being impeached (Jarque v.
IMPEACHABLE Justices of Court Supreme Court Desierto)
OFFICERS the Supreme Members of Members of the
Court the GROUNDS FOR IMPEACHMENT
Constitutional
1) Culpable violation of the Constitution
Auditor Constitutional Commissions
Commissions 2) Treason
General Ombudsman
3) Bribery
Culpable culpable culpable 4) Graft and Corruption
violation of violation of violation of the 5) Other high crimes
the the Constitution 6) Betrayal of public trust
Constitution Constitution treason
Treason treason Bribery PROCEDURE FOR IMPEACHMENT
GROUNDS FOR
Bribery Bribery graft and i. Initiating impeachment case
IMPEACHMENT
Other high other high corruption o The House of Representative shall have the exclusive power to
crimes. crimes other high initiate all cases of impeachment
graft and crimes o Impeachment case is deemed initiated when the complaint with the
corruption. betrayal of accompanying resolution of endorsement has been filed with the
public trust House of Representatives and referred to the appropriate committee
o A verified complaint for impeachment may be filed by ANY MEMBER
STATEMENT OF POLICY OF THE HOUSE OF REPRESENTATIVES or by ANY CITIZEN upon
Public office is a public trust. Public officers and employees must at all times a resolution of endorsement by any member thereof.
be accountable to the people, serve them with utmost responsibility, integrity, o Included in the Order of Business within 10 session days and referred
loyalty, and efficiency, act with patriotism and justice, and lead modest lives. to the proper committee within 3 session days
(SEC 1 ART XI 1987 CONSTITUTION) If the verified complaint is filed by AT LEAST 1/3 of all the
members of the house, the same shall constitute the
IMPEACHMENT Articles of Impeachment, and trial by the Senate shall
forthwith proceed. There is no need to refer the same to
DEFINITION the proper committee
A national inquest into the conduct of public men. The committee, after hearing, and by majority vote of all is
Power of the Congress to remove a public official for serious crimes or members shall submit its report to the House within 60
misconduct as provided in the Constitution. session days from such referral, together with the
A mechanism designed to check abuse of power, impeachment has its roots corresponding resolution
in Athens and was adopted in the US through the influence of English A vote of AT LEAST 1/3 of ALL member of the House shall
common law on the framers of the US Constitution. Our own Constitution’s be necessary either to affirm a favorable resolution with
provision on impeachment were adopted from the US Constitution. the Articles of Impeachment of the Committee or override
its contrary resolution. The vote of each member shall be
recorded.
IMPEACHABLE OFFICERS
1) President
ii. Limitation on initiating impeachment case
2) Vice-President
o NOT MORE THAN ONCE within a period of ONE year against the
3) Chief Justice and Associate Justices of the Supreme Court
SAME official
4) Chairmen and Members of the Constitutional Commissions
o The validity of the exercise of such power is determined
5) Ombudsman
through the power of judicial review (see case of Gutierrez v.
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 67
POLITICAL LAW FINALS REVIEWER (2nd half)
House of Representatives Committee on Justice below GR 1) The Sandiganbayan shall exercise EXCLUSIVE ORIGINAL jurisdiction in all
No. 193459) cases involving:
The power of Judicial Review includes the power to review a. Violations of Republic Act No. 3019, as amended, otherwise known as
justiciable issues in an impeachment proceeding (Corona v. Senate the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and
GR No. 200242) Chapter II, Section 2, Title VII, Book II of the Revised Penal Code,
where one or more of the accused are officials occupying the following
iii. Trial and Decision positions in the government whether in a permanent, acting or interim
Senate shall have the sole power to try and decide all cases of capacity, at the time of the commission of the offense:
impeachment. "(1) Officials of the executive branch occupying the positions of regional
When sitting for that purpose, the Senators shall be on oath or director and higher, otherwise classified as Grade '27' and higher, of the
affirmation Compensation and Position Classification Act of 1989 (Republic Act No.
When the President of the Philippines is on trial, the Chief justice of 6758), specifically including:
the Supreme Court shall preside, but shall not vote. "(a) Provincial governors, vice-governors, members of the
A decision of conviction must be concurred in by AT LEAST 2/3 of ALL sangguniang panlalawigan and provincial treasurers, assessors,
the members of the SENATE. engineers and other provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang
iv. Effect of Conviction panlungsod, city treasurers, assessors engineers and other city
Removal from office and disqualification to hold any office under the department heads;
Republic of the Philippines "(c) Officials of the diplomatic service occupying the position of
But the party convicted shall be liable and subject to prosecution, trial consul and higher;
and punishment according to law. "(d) Philippine army and air force colonels, naval captains, and all
officers of higher rank;
"(e) Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent or higher;
SANDIGANBAYAN
"(f) City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special
The present anti-graft court known as the Sandiganbayan shall continue to function
prosecutor;
and exercise its jurisdiction as now or hereafter may be provided by law. (SEC 4 ART
"(g) Presidents, directors or trustees, or managers of government-
XI 1987 CONSTITUTION)
owned or -controlled corporations, state universities or educational
institutions or foundations;
COMPOSITION
"(2) Members of Congress and officials thereof classified as Grade'27'and
1. Presiding Justice
up under the Compensation and Position Classification Act of 1989;
2. 20 Associate Justices with the rank of Justice of the Court of Appeals
"(3) Members of the judiciary without prejudice to the provisions of the
It shall sit in 7 divisions of three members each
Constitution;
Two members shall constitute a quorum for sessions in division: "(4) Chairmen and members of Constitutional Commissions, without
provided, that when the required quorum for a division cannot be had prejudice to the provisions of the Constitution; and
due to "(5) All other national and local officials classified as Grade'27'and higher
Legal disqualification under the Compensation and Position Classification Act of 1989.
Temporary incapacity or b. Other offenses or felonies whether simple or complexed with other
Vacancy crimes committed by the public officials and employees mentioned in
subsection a of this section in relation to their office.
The Presiding Justice may designate a member of another division to be c. Civil and criminal cases filed pursuant to and in connection with
determined by STRICT ROTATION on the basis of REVERSE ORDER OF Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
PRECEDENCE to sit as a special member of said division with all the rights Provided that the RTC shall have exclusive jurisdiction where the
and prerogatives of a regular member of said division in the trial and information:
determination of a case or cases assigned thereto. a.) Does not allege any damage to the government or any bribery or;
JURISDICTION
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 68
POLITICAL LAW FINALS REVIEWER (2nd half)
b.) Alleges damage to the government or bribery arising from the same CASE: Bolastig v. Sandiganbayan
or closely related transactions or acts in an amount not exceeding It is mandatory for the Sandiganbayan to suspend any public officer
P1,000,000.00 against whom a valid information charging violation of that law, or
c.) "The Sandiganbayan shall exercise exclusive appellate jurisdiction any offense involving fraud upon the government or public funds or
over final judgments, resolutions or orders or regional trial courts property is filed. The only ground that may be raised in order to
whether in the exercise of their own original jurisdiction or of their avert the mandatory preventive suspension is the invalidity of the
appellate jurisdiction as herein provided. criminal information
2) "The Sandiganbayan shall have EXCLUSIVE ORIGINAL jurisdiction over The appellate jurisdiction of the Supreme Court over decisions and final
petitions for the issuance of the writs of mandamus, prohibition, certiorari, orders of the Sandiganbayan is limited to questions of law.
habeas corpus, injunctions, and other ancillary writs and processes in aid of
its appellate jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may be filed under OMBUDSMAN
Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court. COMPOSITION
3) "The Sandiganbayan shall exercise EXCLUSIVE APPELLATE jurisdiction An Ombudsman (Tanodbayan)
over final judgments, resolutions or orders or regional trial courts whether in 1 Overall deputy
the exercise of their own original jurisdiction orof their appellate jurisdiction At least one deputy each for Luzon, Visayas and Mindanao
as herein provided.
A separate Deputy for the military may likewise be established
PROCEEDINGS
QUALIFICATIONS
All three members of a division shall deliberate on all matters submitted for
Natural born Citizens of the Philippines
judgment, decision, final order or resolution.
At least 40 years old
The concurrence of a majority of the members of a division shall be
Recognized probity and independence
necessary to render a judgment, decision, or final order, or to resolve
interlocutory or incidental motions Member of the Philippine Bar
Not have been a candidate for any elective office in the immediately
CASE: Macalino v. Sandiganbayan preceding election
Sandiganbayan does not have jurisdiction over a private individual. The ombudsman must have been a judge or engaged in the practice of law
The only instance when the Sandiganbayan may exercise for 10 years.
jurisdiction over a private individual is when the complaint charges
him either as a co-principal, accomplice or accessory of a public APPOINTMENT OF THE OMBUDSMAN AND HIS DEPUTIES
officer who has been charged with a crime within the jurisdiction of Appointed by the President from a list of three nominees prepared by the
Sandiganbayan. Judicial and Bar Council.
All vacancies to be filled in three months
CASE: Lacson v. Executive Secretary Term of office is 7 years without reappointment
It is required that the charge be set forth with particularity as will The Ombudsman and his deputies shall have the rank and salary of
reasonably indicate that the exact offense which the accused is Chairman and members respectively of the Constitutional Commissions, and
alleged to have committed is one in relation to his office. Thus, a their salaries shall not be decreased during their term of office.
mere allegation in the information that the offense was committed Office of the Ombudsman shall enjoy fiscal autonomy
by the accused public officer “in relation to his office” is a
conclusion of law, not a factual averment that would show the close
intimacy between the offense charged and the discharge of official DISQUALIFICATIONS/INHIBITIONS
duties by the accused. 1. During their tenure, shall not hold any other office or employment;
2. Shall not engage in the practice of any profession or in the active
REVIEW management or control of any business which in any way may be affected
Decisions of the Sandiganbayan shall be reviewable by the Supreme Court by the functions of his office;
on a petition for certiorari
3. Shall not be financially interested , directly or indirectly, in any contract with, Ombudsman is authorized to utilize the personnel of his office to assist in the
or in any franchise or privilege granted by the government, or any of its investigation of cases
subdivisions, etc.; May refer cases involving non-military personnel for investigation by the
4. And shall not be qualified to run for any office immediately succeeding their Deputy Ombudsman for military affairs
cessation from office. Has the constitutional power to directly remove from government service an
erring public official, other than a Member of the Congress or Judiciary.
REMOVAL OF THE OMBUDSMAN o The authority of the Ombudsman to impose administrative penalty
May be removed from office only on impeachment for, and conviction of and enforce compliance therewith is not merely recommendatory;
Culpable violation of the Constitution IT IS MANDATORY within the bounds of law. The implementation of
Treason the order imposing the penalty is however to e coursed through the
Bribery proper officer.
Graft and corruption o When a public official has been found guilty of an administrative
Other high crimes charge by the Office of the Ombudsman and the penalty imposed is
Betrayal of public trust suspension for more than one month, an appeal may be made to
the CA. However, such appeal shall not stop the decision from
DISCIPLINARY AUTHORITY OVER THE OMBUDSMAN’S DEPUTIES being executory, and the implementation of the decisions follows
It is the Ombudsman who exercises administrative disciplinary jurisdiction as a matter of course.
over her Deputies o Where the respondent is absolved of the charge, or in case of
The Office of the Special Prosecutors is under the disciplinary jurisdiction of conviction the penalty imposed is public censure or reprimand or
the President. suspension for a period not more than one month or a fine
The Office of the Special Prosecutor is separate from the Office of the equivalent to one months salary the Ombudsman decision shall be
Ombudsman. It is only the latter that is endowed with Constitutional final, executor and unappealable but it is still subject to Judicial
Independence. review when it fails in the test of arbitrariness, there is grave abuse
of discretion, fraud or error of law, or when the Ombudsman
POWERS AND DUTIES misappreciates evidence of such nature as to compel a contrary
Special prosecutor may prosecute before the Sandiganbayan judges conclusion.
accused of graft and corruption, even if they come under the administrative
supervision of the Supreme Court. SPECIAL PROSECUTOR
The Tanodbayan could review and reverse the findings of the City fiscal, and The existing Tanodbayan at the Time of the adoption of the 1987
order him to withdraw certain charges. Constitution shall thereafter be known as Office of the Special Prosecutor. It
o But the prosecution of election offenses is a function of the shall continue to function and exercise its powers as now or hereafter
COMELEC and may not be discharged by the Sandiganbayan provided by law, except those conferred on the office of the Ombudsman.
o Although the Office of the Ombudsman has the discretion to It does not have the authority to conduct preliminary investigation and to
determine whether an information should be withdrawn and a direct the filing of the criminal cases with the Sandiganbayan EXCEPT upon
criminal case be dismissed, and to move for the withdrawal or orders of the Ombudsman.
dismissal of such case, the final disposition of the said motion and
such case is addressed to the sound discretion of the
Sandiganbayan, subject only to the caveat that the action of the ILL-GOTTEN WEALTH
Sandiganbayan must not impair the substantial rights of the
accused and the right of the people to due process of law. The right of the State to recover properties unlawfully acquired by public officials or
The Ombudsman may start an investigation on the basis of an anonymous employees, from them or from their nominees or transferees, shall not be barred by
letter. The Constitution mandates the Ombudsman to act promptly on prescription, laches, or estoppel. (SEC 15 ART XI 1987 CONSTITUTION)
complaints filed in any form. This provision applies only to civil actions for recovery of ill-gotten
The Ombudsman or his deputy is authorized to preventively suspend any wealth and not to criminal cases
officer or employee under his authority pending an investigation irrespective This provision against estoppels does not apply in the case of the
of whether such officer or employee is employed in the office of the grant of criminal and civil immunity, including the immunity against
Ombudsman or in any other government agency. being compelled to testify in any foreign or domestic proceeding other
The Ombudsman shall have other functions as may be provided by law.
than the civil and arbitration cases identified in the Immunity established and definite rule of action. On the other hand, dishonesty is
Agreement. intentionally making a false statement in any material fact or the
disposition to lie, cheat, deceive or defraud. Both are considered grave
offenses for which the penalty of dismissal is meted even for first time
offenders
RESTRICTION ON LOANS GUTIERREZ VS. HOR COMMITTEE ON JUSTICE G.R. NO. 193459
No loan, guaranty, or other form of financial accommodation for any business Under the doctrine of expanded judicial review. The Constitution did not
purpose may be granted, directly or indirectly, by any government-owned or intend to leave the matter of impeachment to the sole discretion of
controlled bank or financial institution to the President, the Vice-President, the Congress. Instead, it provided for certain well-defined limits, or in the
Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional language of Baker v. Carr, "judicially discoverable standards" for
Commissions, the Ombudsman, or to any firm or entity in which they have controlling determining the validity of the exercise of such discretion, through the
interest, during their tenure. (SEC 16 ART XI 1987 CONSTITUTION) power of judicial review.
When is an impeachment complaint deemed initiated? There are two
components of the act of initiating the complaint: the filing of the
STATEMENT OF ASSETS LIABILITIES AND NET WORTH impeachment complaint AND the referral by the House Plenary to the
HCOJ. Once an impeachment complaint has been initiated (meaning,
A public officer or employee shall, upon assumption of office and as often thereafter filed and initiated), another impeachment complaint may not be filed
as may be required by law, submit a declaration under oath of his assets, liabilities, against the same official within a one year period.
and net worth. In the case of the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and The Court, of course, does not downplay the importance of an
other constitutional offices, and officers of the armed forces with general or flag rank, impeachment complaint, for it is the matchstick that kindles the candle
the declaration shall be disclosed to the public in the manner provided by law. (SEC of impeachment proceedings. The filing of an impeachment complaint is
17 ART XI 1987 CONSTITUTION) like the lighting of a matchstick. Lighting the matchstick alone, however,
cannot light up the candle, unless the lighted matchstick reaches or
ALLEGIANCE TO THE STATE AND THE CONSTITUTION torches the candle wick. Referring the complaint to the proper
committee ignites the impeachment proceeding. With a simultaneous
Public officers and employees owe the State and this Constitution allegiance at all referral of multiple complaints filed, more than one lighted matchsticks
times, and any public officer or employee who seeks to change his citizenship or light the candle at the same time.
acquire the status of an immigrant of another country during his tenure shall be dealt
with by law. (SEC 18 ART XI 1987 CONSTITUTION)
BOLASTIG VS. SANDIGANBAYAN & PEOPLE OF THE PHILS. G.R. NO. 110503.
CASES AUGUST 4, 1994
It is now settled that Sec. 13 of Republic Act No. 3019 makes it mandatory
AMIT VS COA G.R. NO. 176172 for the Sandiganbayan to suspend any public officer against whom a valid
Public office is a public trust and public officers and employees must at information charging violation of that law; The duration of preventive
all times be accountable to the people, serve them with utmost suspension will, therefore, vary to the extent that it is contingent on the time
responsibility, integrity, loyalty and efficiency, act with patriotism and it takes the court to decide the case but not on account of any discretion
justice and lead modest lives. This high constitutional standard of lodged in the court, taking into account the probability that the accused may
conduct is not intended to be mere rhetoric; those in the public service use his office to hamper his prosecution; The fact that an elected official’s
are enjoined to fully comply with this standard or run the risk of facing preventive suspension may deprive his constituents of the official elected by
administrative sanctions ranging from reprimand to the extreme penalty them is not a sufficient basis for reducing what is otherwise a mandatory
of dismissal from the service. suspension provided by law.
SEVILLE VS COA GR NO. 177657 FAJARDO V. OFFICE OF THE OMBUDSMAN G.R. NO. 173268
In grave misconduct, the elements of corruption, clear intent to violate Under the "threefold liability rule," any act or omission of any public
the law, or flagrant disregard of an established rule must be evident. official or employee can result in criminal, civil, or administrative
Misconduct, in the administrative sense, is a transgression of some liability, each of which is independent of the other. The power of the
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 71
POLITICAL LAW FINALS REVIEWER (2nd half)
VIII. NATIONAL ECONOMY AND PATRIMONY 1. Only the Government, represented by the Director of Lands, or the Secretary
of Agriculture and Natural Resources, can bring an action to cancel a void
GOALS [Sec. 1, Art. XII] certificate of title issued pursuant to a void patent. Private parties like the
1. More equitable distribution of opportunities, income and wealth. plaintiffs cannot claim that the patent and title issued for the land involved
2. Sustained increase in amount of goods and services produced by the nation are void since they are not the registered owners thereof nor had they been
for the benefit of the people. declared as owners in the cadastral proceedings after claiming it as their
3. Expanding production as the key to raising the quality of life for all, especially private property. The SC have previously ruled that: Whether the grant was
the underprivileged. in conformity with the law or not is a question which the government may
raise, but until it is raised by the government and set aside, the defendant
For the attainment of these goals, the State shall promote industrialization and full can not question it. The legality of the grant is a question between the
employment based on sound agricultural development and agrarian reform, through grantee and the government.
industries that make full and efficient use of human and natural resources, and which 2. It is well-settled "that no public land can be acquired by private persons
are competitive in both domestic and foreign markets. The State shall protect Filipino without any grant, express or implied, from the government.” It is
enterprises from unfair competition and trade practices. indispensable then that there be a showing of a title from the state or any
other mode of acquisition recognized by law.
A. Natural Resources 3. Imperium vs. Dominium
Imperium Dominium
THE REGALIAN DOCTRINE (JURA REGALIA) The government authority The State’s capacity to own or
The universal feudal theory that all lands were held by the Crown [Justice possessed by the State which acquire property.
Holmes, Cariño v. Insular Government (1909)] is appropriately embraced in Lands held by the State in its
Recognized in 1935, 1973 and 1987 Constitutions (ownership is vested in sovereignty. proprietary character.
the State as such rather than in the head thereof [Lee Hong Kok v. David, 48 In such capacity, it may provide
SCRA 372] for the exploitation and use of
Sec. 2: All lands of the public domain, waters, minerals, coal, petroleum and lands and other natural
other mineral oils, all forces of potential energy, fisheries, forests or timber, resources, including their
wildlife, flora and fauna, and other natural resources are owned by the disposition, except as limited by
State. With the exception of agricultural lands, all other natural resources the Constitution.
shall not be alienated.
Before any land may be classified from the forest group and converted into CITIZENSHIP REQUIREMENTS:
alienable or disposable land for agricultural or other purposes, there must be 1. Exclusively for Filipino Citizens:
a positive act from the Government. [Sunbeam Convenience Food v. CA] Use and enjoyment of the nation’s marine wealth in its archipelagic waters,
Under the Regalian Doctrine, all lands not otherwise appearing to be clearly territorial sea and exclusive economic zone [P.D. 1599 (June 11, 1978); UN
within private ownership are presumed to belong to the State. Hence, a Convention on the Law of the Sea (ratified by RP in August, 1983)]
positive act of the government is needed to declassify a forest land into The State shall protect the rights of subsistence fishermen, especially of
alienable or disposable land for agricultural or other purposes. The burden of local communities, to the preferential use of the communal marine and
proof in overcoming the presumption of state ownership of the lands of the fishing resources, both inland and offshore [Sec. 7, Art. XII].
public domain is on the person applying for registration that the land subject Marginal fisherman - an individual engaged in fishing whose margin of return
of the application is alienable or disposable. xxx In any case tax declarations or reward from his harvest of fish, as measured by existing price levels, is
and receipts are not conclusive evidence of ownership or of the right to barely sufficient to yield a profit or cover the cost of gathering the fish.
possess land when not supported by evidence. They are merely indicia of a “Subsistence” fisherman is one whose catch yields but the irreducible
claim of ownership. [Director of Lands v. Intermediate Appellate Court, 219 minimum for his livelihood.
SCRA 339] “Marginal farmer or fisherman” as one engaged in subsistence farming or
The task of administering and disposing lands of the public domain belongs fishing, which shall be limited to the sale, barter or exchange of agricultural
to the Director of Lands and, ultimately, the Secretary of Environment and or marine products produced by himself and his immediate family [Sec. 131
Natural Resources. The classification of public lands is, thus, an exclusive of the Local Government Code].
prerogative of the Executive Department through the Office of the President. The preferential right granted to them is not absolute.
[Republic v. Deeds of Quezon] 2. Filipino citizens or corporations or associations at least 60% of whose capital
is Filipino owned:
[Lee Hong Kok vs. David, 48 SCRA 372]:
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 73
POLITICAL LAW FINALS REVIEWER (2nd half)
Co-production, joint venture or production sharing agreements [for insures that the “controlling interest” in public utilities always lies
exploration, development and utilization of natural resources] – Agreements in the hands of Filipino citizens.
shall not exceed a period of 25 years, renewable for another 25 years. “Philippine national” – a citizen of the Philippines, or a corporation
Alienable lands of the public domain [which shall be limited to agricultural organized under the laws of the Philippines of which sixty percent
lands] of the capital stock outstanding and entitled to vote is owned and
Filipino citizens – may acquire not more than 12 hectares by held by citizens of the Philippines [RA 7042 (Foreign Investment
purchase, homestead or grant; lease not more than 500 Act of 1999)].
hectares; A franchise, certificate or authorization shall not be exclusive nor
Private corporations – may lease not more than 1,000 hectares for a period more than 50 years, and shall be subject to
for 25 years, renewable by 25 years. amendment, alteration or repeal by Congress.
Certain areas of investment [as Congress shall provide when the national All executive and managing officers shall be Filipino citizens.
interest so dictates] – Congress may prescribe higher percentage of Filipino A franchise from Congress is not required before each and every
ownership. public utility may operate. Unless there is a law that specifically
In the grant of rights, privileges and concessions covering the requires a legislative franchise for the operation of a public utility,
national economy and patrimony, the State shall give preference particular agencies in the executive department may issue
to qualified Filipinos [Sec. 10, Art. XII]. authorizations or licenses for the operation of certain classes of
Franchise, certificate or any other form of authorization for the operation of a public utilities.
public utility The Constitution, in no uncertain terms, requires a franchise for
[Heirs of Wilson P. Gamboa vs. Teves, 682 SCRA 397 (2012)]: the operation of public utilities. However, it does not require a
The Constitution expressly declares as State policy the franchise before one can own the facilities needed to operate a
development of an economy “effectively controlled” by Filipinos. public utility so long as it does not operate them to serve the
Consistent with such State policy, the Constitution explicitly public.
reserves the ownership and operation of public utilities to A public utility is a business or service engaged in regularly
Philippine nationals, who are defined in the Foreign Investments supplying the public with some commodity or service of public
Act of 1991 as Filipino citizens, or corporations or associations at consequence, such as electricity, gas, water, transportation,
least 60 percent of whose capital with voting rights belongs to telephone or telegraph service. To constitute a public utility, the
Filipinos. The FIA’s implementing rules explain that “[f]or stocks to facility must be necessary for the maintenance of life and
be deemed owned and held by Philippine citizens or Philippine occupation of the residents.
nationals, mere legal title is not enough to meet the required A franchise is a privilege subject to amendment.
Filipino equity. Full beneficial ownership of the stocks, coupled Joint venture falls within the purview of an “association.”
with appropriate voting rights is essential.” In effect, the FIA All broadcasting, whether radio or by television stations, is
clarifies, reiterates and confirms the interpretation that the term licensed by the government. Radio and television broadcasting
“capital” in Section 11, Article XII of the 1987 Constitution refers companies, which are given franchises, do not own the airwaves
to shares with voting rights, as well as with full beneficial and frequencies through which they transmit broadcast signals
ownership. This is precisely because the right to vote in the and images. They are merely given the temporary privilege to
election of directors, coupled with full beneficial ownership of use them. Thus, such exercise of the privilege may reasonably
stocks, translates to effective control of a corporation. be burdened with the performance by the grantee of some form
Both the Voting Control Test and the Beneficial Ownership Test of public service. A franchise is a privilege subject to amendment,
must be applied to determine whether a corporation is a and the provision of B.P. 881 granting free airtime to the
“Philippine national.” COMELEC is an amendment of the franchise of radio and
The 60-40 ownership requirement in favor of Filipino citizens television stations. As radio and television broadcast stations do
must apply separately to each class of shares, whether common, not own the airwaves, no private property is taken by the
preferred non-voting, preferred voting or any other class of requirement that they provide air time to the COMELEC.
shares. This guarantees effective Filipino control of public [Telecommunications and Broadcast Attorneys of the Philippines
utilities, as mandated by the Constitution guarantees effective vs. COMELEC, 289 SCRA 337]
Filipino control of public utilities, as mandated by the Constitution.
Moreover, such uniform application to each class of shares
CLASSIFICATION OF LANDS OF PUBLIC DOMAIN
1. Agricultural
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 74
POLITICAL LAW FINALS REVIEWER (2nd half)
2. Forest or timber since May 8, 1947. (Date came about due to the enactment of P.D.
3. Mineral lands 1073 in January 25, 1977, which amended the Public Land Act.
4. National parks Counting 30 years from effectivity on May 9, 1977.)
Foreshore land is that part of the land which is between the high
The classification of public lands is a function of the executive branch of and low water, and left dry by the flux and reflux of the tides. It is
government, specifically the Director of Lands, now the Director of the Land part of the alienable land of the public domain and may be disposed
Management Bureau. The decision of the Director, when approved by the of only by lease and not otherwise [Republic v. Imperial, G.R. No.
Secretary of the Department of Environment and Natural Resources, as to 130906, February 11 1999].
questions of fact, is conclusive upon the courts. The principle behind this
ruling is that the subject has been exhaustively weighed and discussed and The 1987 Constitution prohibits private corporations from acquiring alienable
must therefore be given credit. This doctrine finds no application, however, lands of the public domain.
when the decision of the director of lands is revoked by, or in conflict with Our Constitution, whether the 1973 or 1987, prohibits private
that of, the DENR Secretary [Republic v. Imperial, G.R. No. 130906, corporations or associations from holding alienable lands of the
February 11 1999]. public domain except by lease. [Director of Lands v. Intermediate
Appellate Court, 219 SCRA 339]
Alienable lands of the public domain shall be limited to agricultural lands
[Republic v. CA, 148 SCRA 480]. Congress shall determine the specific limits of forest lands and national
Forest lands or areas covered with forests are excluded. They are incapable parks, marking clearly their boundaries on the ground [Sec. 5, Art. XII].
of registration and their inclusion in a title, whether such title be one issued
during the Spanish sovereignty or under the present Torrens system of The State shall protect the rights of indigenous cultural communities to their
registration, nullifies the title [Republic v. CA, 148 SCRA 480]. ancestral lands to ensure their economic, social and cultural well being. The
Under Sec. 6 of the Public Land Act, the classification and the Congress may provide for the applicability of customary laws governing
reclassification of public lands are the prerogative of the Executive property rights or relations in determining the ownership and extent of
Department. The President, through a presidential proclamation or ancestral domain [Sec. 5, Art. XII].
executive order, can classify or reclassify lands to be included or
excluded from the public domain. The DENR Secretary is likewise The Stewardship Concept:
empowered by law to approve a land classification and declare The use of property bears a social function, and all economic
such land as alienable and disposable [Sps. Fortuna v. Republic]. agents shall contribute to the common good. Individuals and private
The applicant may secure a certification from the government that groups, including corporations, cooperatives and similar collective
the lands applied for are alienable and disposable, but the organizations, shall have the right to own, establish and operate
certification must show that the DENR Secretary had approved the economic enterprises, subject to the duty of the State to promote
land classification and released the land of the public domain as distributive justice and to intervene when the common good so
alienable and disposable, and that the land subject of the demands [Sec. 6, Art. XII].
application for registration falls within the approved area per The State shall apply the principles of agrarian reform or
verification through the survey by the PENRO or CENRO. The stewardship, whenever applicable in accordance with law, in the
applicant must also present a copy of the original classification of disposition or utilization of other natural resources, including lands
the land into alienable and disposable, as declared by the DENR of the public domain under lease or concession suitable to
Secretary or as proclaimed by the President [Gaerlan v. Republic]. agriculture, subject to prior rights, homestead rights of small
Mere notations appearing in the survey plans are inadequate proof settlers, and the rights of indigenous communities to their ancestral
of the covered properties’ alienable and disposable character. The lands, x x x The State may resettle landless farmers and farm
applicant must also present a copy of the original certification of the workers in its own agricultural estates which shall be distributed to
land into alienable and disposable land as declared or proclaimed them in the manner provided by law [Sec. 6, Art. XIII].
[Sps. Fortuna v. Republic].
Under Sec. 11 of the Public Land Law, alienable lands of public
domain may be disposed of by judicial confirmation of imperfect or
incomplete title – requires applicant to prove that they have been in B. Private Lands
open, continuous, exclusive and notorious possession and RULE: Save in cases of hereditary succession, no private lands shall be transferred
occupation of agricultural lands of the public domain, under a bona or conveyed except to individuals, corporations or associations qualified to acquire or
fide claim of acquisition or ownership of at least 30 years, or at least hold lands of the public domain [Sec. 7, Art. XII].
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 75
POLITICAL LAW FINALS REVIEWER (2nd half)
However, this ruling was effectively modified by Section 11, Art. XVII
EXCEPTIONS TO THE RULE: [Transitory Provisions] of the 1973 Constitution, which reads: “Titles to
1. Hereditary succession (This does not apply to testamentary dispositions) private lands acquired by such persons before such date (July 3, 1974) shall
2. A natural born citizen of the Philippines who has lost his Philippine be valid as against private persons only.”
citizenship may be a transferee of private lands, subject to limitations Thus, a previous owner may no longer recover the land from an American
provided by law [Sec. 8, Art. XII]. buyer who succeeded in obtaining title over the land. Only the State has the
3. Americans hold valid title to private lands as against private persons. superior right to the land, through the institution of escheat proceedings [as a
consequence of the violation of the Constitution], or through an action for
Section 5, Article XIII of the 1935 Section 14, Article XIV of the 1973: reversion [as expressly authorized under the Public Land Act with respect to
Constitution: “Save in cases of hereditary succession, lands which formerly formed part of the public domain].
“Save in cases of hereditary succession, no private land shall be transferred or
no private agricultural land shall be conveyed except to individuals, REMEDIES TO RECOVER PRIVATE LANDS FROM DISQUALIFIED ALIENS
transferred or assigned except to corporations, or associations qualified to 1. Escheat proceedings
individuals, corporations, or associations acquire or hold lands in the public 2. Action for reversion under the Public Land Act
qualified to acquire or hold lands of the domain.” 3. An action for recovery filed by the former Filipino owner, the pari delicto
public domain in the Philippines.” doctrine having been abandoned, unless the land is sold to an American
citizen prior to July 3, 1974 and the American citizen obtained title thereto.
The primary purpose of the constitutional provision disqualifying aliens from
acquiring lands of the public domain and private lands is the conservation of Action for reversion under the Public Land Act:
the national economy and patrimony. The Director of Lands has the authority and the specific duty to conduct
Any sale or transfer in violation of the prohibition is null and void [Ong Ching investigations of alleged fraud in obtaining free patents and the
Po v. CA, 239 SCRA 341]. corresponding titles to alienable public lands, and, if facts disclosed in
However, land sold to an alien which is later transferred to a Filipino citizen the investigation warrant, to file the corresponding court action for
--- or where the alien later becomes a Filipino citizen --- can no longer be reversion of the land to the State.
recovered by the vendor, because there is no longer any public policy The action of the State for reversion to public domain of land
involved [Republiv v. IAC and Gonzalvez]. fraudulently granted to private individuals is imprescriptible. The State
A natural born citizen of the Philippines who has lost his Philippine may bring an action under Sec. 101 of Commonwealth Act No. 141 for
citizenship may be a transferee of private lands, subject to limitations the reversion to the public domain of land which has been fraudulently
provided by law [Sec. 8, Art. XII]: granted to private individuals. The indefeasibility of a title does not
Similar to Sec. 15, Art. XIV, 1973 Constitution, pursuant to which attach to titles secured by fraud and misrepresentation [Baguio v.
B.P. 185 was passed. Republic, G.R. No. 119682, January 21, 1999].
B.P. 185 provided that a natural-born citizen of the Philippines who It is the State, alone, which may institute reversion proceedings against
lost his Filipino citizenship may be the transferee of private land up public lands allegedly acquired through fraud and misrepresentation
to a maximum of 1,000 square meters, if urban, or one hectare, if pursuant to Sec. 101 of the Public Land Act.
rural, to be used by him as his residence. The State can be put in estoppel by the mistakes or errors of its officials
B.P 185 has now been amended by R.A. 8179 which has increased or agents.
the maximum area of private land which the former natural-born Estoppel against the State is not favored; it may be invoked only in rare
Filipino citizen may acquire to 5,000 square meters for urban land and unusual circumstances as it would operate to the effective operation
and 3 hectares for rural land. Furthermore, such land may now be of a policy adopted to protect the public. However, the State may not be
used for business and for other purposes. allowed to deal dishonorably or capriciously with its citizens.
Americans hold valid title to private lands as against private persons: Estoppel: The prolonged inaction strongly militates against its cause,
The Supreme Court held that American citizens or American-owned and tantamount to laches, which means the “failure or neglect, for an
controlled corporations cannot validly acquire private agricultural lands under unreasonable and unexplained length of time, to do that which by
the Parity Amendment, since the exceptional rights granted to them under exercising due diligence could or should have been done earlier”. It is
the said Amendment refer only to agricultural, mineral and timber lands of negligence or omission to assert a right within a reasonable time,
the public domain and natural resources, and conduct and operation of warranting a presumption that the party entitled to assert it either
public utilities [Republic v. Quasha]. abandoned it or declined to assert it.
o The State shall promote the preferential use of Filipino labor, Philippines, operating under existing laws, shall function as the central
domestic materials and locally produced goods, and adopt monetary authority [Sec. 20, Art. XII].
measures that help make them competitive [Sec. 12, Art. XII]. Read R.A. 7653.
[Bank of Commerce vs. Planters Development Bank, 681 SCRA 52
D. Practice of Profession (2012)]:
o The practice of all professions in the Philippines shall be limited to Under the New Central Bank Act (R.A. No. 7653), the BSP is given
Filipino citizens, save in cases prescribed by law [Sec. 14, Art. XII]. the responsibility of providing policy directions in the areas of
o The power to regulate the exercise of a profession or pursuit of an money, banking and credit; it is given, too, the primary objective of
occupation cannot be exercised by the State or its agents in an maintaining price stability, conducive to a balanced and sustainable
arbitrary, despotic or oppressive manner. growth of the economy, and of promoting and maintaining monetary
stability and convertibility of the peso.
E. Cooperatives Open market operation is a monetary policy instrument that the
o The Congress shall create an agency to promote the viability and BSP employs, among others, to regulate the supply of money in the
growth of cooperatives as instruments for social justice and economy to influence the timing, cost and availability of money and
economic development [Sec. 15, Art. XII]. credit, as well as other financial factors, for the purpose of
o Read Republic Act No. 6939 [An Act Creating the Cooperative stabilizing the price level. What the law grants the BSP is a
Development Authority]. continuing role to shape and carry out the country’s monetary policy
o The Supreme Court said that, after ascertaining the clear legislative – not the authority to adjudicate competing claims of ownership
intent of RA 6939, it now rules that the Cooperative Development over the securities it has issued – since this authority would not fall
Authority (CDA) is devoid of any quasi-judicial authority to under the BSP’s purposes under its charter.
adjudicate intra-cooperative disputes and, more particularly, Since 2002, the BSP has adopted inflation targeting as a framework
disputes related to the election of officers and directors of of monetary policy aimed at achieving the objective of price stability.
cooperatives. It may, however, conduct hearings and inquiries in the Inflation targeting is focused mainly on achieving a low and stable
exercise of its administrative functions. inflation, supportive of the economy’s growth objective. This
approach entails the announcement of an explicit inflation target
F. Monopolies that the BSP promises to achieve over a given time period.
Policy: The State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair [Bagong Kapisanan sa Punta Tenement vs. Dolot, 680 SCRA 164 (2012)]:
competition shall be allowed [Sec. 19, Art. XII]. Dishonesty is defined as the disposition to lie, cheat, deceive, or defraud;
A monopoly is “a privilege or peculiar advantage vested in one or more untrustworthiness; lack of integrity; lack of honesty, probity or integrity in
persons or companies, consisting in the exclusive right (or power) to principle; lack of fairness and straightforwardness; disposition to defraud,
carry on a particular business or trade, manufacture a particular article, deceive or betray.
or control the sale of a particular commodity”. As public servants and representatives of their respective barangays, it
The Constitution does not absolutely prohibit monopolies. behooves upon Dolot and Tañada to ensure that the main goals of the MOA,
Monopoly – a market controlled by one player; Oligopoly – dominated which were to distribute water to the tenants and pay the tenement’s back
by a handful of players. account with the MWSS, are faithfully followed. Even assuming that Inpart
Public interest must be held over business interests. was the one delegated to pay the barangays’ back account, the respondents
should have checked on the status of the payment. They failed to demand
G. Central Monetary Authority accountability from Inpart to ensure that their payments were properly
The Congress shall establish an independent central monetary documented and remitted to MWSS. Their inaction demonstrated a lack of
authority, the members of whose governing board must be natural-born concern for the welfare of their constituents. Simply stated, they reneged on
Filipino citizens, of known probity, integrity and patriotism, the majority of their sworn duty to be true to their constituents.
whom shall come from the private sector, x x x The authority shall Furthermore, they tolerated the fact that no proper receipts were being
provide policy direction in the areas of money, banking and credit. It issued to the tenants for the proper recording of their payments. They even
shall have supervision over the operations of banks and exercise such refused to cooperate with the Commission of Audit when the latter asked
regulatory powers as may be provided by law over the operations of them for documents regarding the patubig project. They misled the tenants
finance companies and other institutions performing similar functions, x into believing that the water collections were being properly accounted for
x x Until Congress otherwise provides, the Central Bank of the and were being remitted to pay the tenement’s back account with MWSS.
When an individual is found guilty of dishonesty, the corresponding penalty is IX. EDUCATION, SCIENCE and TECHNOLOGY, ARTS, CULTURE and SPORTS
dismissal from employment or service. The underlying reason for this is
because when a public official or government employee is disciplined, the A. State Policy
object sought is not the punishment of such officer or employee but the
improvement of the public service and the preservation of the public’s faith The State shall give priority to education, science and technology, arts, culture and
and confidence in the government.27A finding of dishonesty necessarily sports to foster patriotism and nationalism, accelerate social progress, and promote
carries with it the penalty of dismissal from the office he is holding or serving. total human liberation and development [Sec. 17, Art. 2].
No less than the Constitution sanctifies the principle of that public office is a
public trust, and enjoins all public officers and employees to serve with the 1. The State shall protect and promote the right of all citizens to
highest degree of responsibility, integrity, loyalty and efficiency. [Sec. 1, Art. quality education at all level and shall take appropriate steps to
XI] make such education accessible to all.
5. Educational Institutions
ANCHORIZ • DUBLIN • MELGAR • TEMANIL • VALDEZ 78
POLITICAL LAW FINALS REVIEWER (2nd half)
Ownership – Solely by Filipino citizens or corporations recognized the right of schools to impose disciplinary sanctions, which includes the
60% Filipino owned, except those established by power to dismiss or expel students who violate reasonable school rules.
religious groups or mission boards, but Congress may b. From the standpoint of the members of the academe: The
increase required Filipino equity participation [Sec. freedom of the teacher or research worker in higher
4(2), Art. 14]. institutions of learning to investigate and discuss the
Control and administration – Vested in the citizens of problems of his science and to express his conclusion,
the Philippines. whether through publication or in the instruction of
Alien schools – No educational institution shall be students, without interference from political or
established exclusively for aliens, and no group of ecclesiastical authority, or from the administrative officials
aliens shall comprise more than 1/3 of the enrolment of the institution in which he is employed, unless his
in any school, except schools for foreign diplomatic methods are found by qualified bodes of his own
personnel and their dependents, and for other foreign profession to be completely incompetent or contrary to
temporary residents. professional ethics.
Tax exemptions – All revenue and assets of non-
stock, non-profit educational institution – as well as all 2. Limitations
grants, endowments, donations and contributions – The dominant police power of the State
used actually, directly and exclusively for educational The social interests of the community
purposes, shall be exempt from taxes and duties
[Sec. 4(3), Art. 14]. 3. Cases
6. Highest budgetary priority to education: Merely directory Imbong v. Ochoa (G.R. No. 204819)
provisions; it does not follow that the hands of the Congress be The exclusion of private educational institutions from the mandatory RH education
so hamstrung as to deprive it of the power to respond to the program is valid. There is no need to recognize the academic freedom of private
imperative of national interest and the attainment of other state educational institutions, especially with respect to religious instruction, and to consider
policies and objectives. their sensitivity towards the teaching of reproductive health education.
D. Science and Technology – Secs. 10-13, Art. 14 ii. The provision shall also apply to career officers whose
resignation tendered in line with the existing policy, had
E. Arts and Culture – Secs. 14-18, Art. 14 been accepted.
E. Sequestration
F. Sports – Sec. 19, Art. 14
1. Authority to issue sequestration or freeze orders relative to the
recovery of ill-gotten wealth shall remain operative for not more
X. TRANSITORY PROVISIONS than 18 months after the ratification of this Constitution. However,
Congress may extend such period.
A. Elections i. Sequestration or freeze orders shall be issued upon
showing of a prima facie case. The corresponding judicial
1. First election under this Constitution of members of Congress shall action shall be filed within 6 months from ratification of this
be held on the second Monday of May, 1987. First local elections Constitution, or, if issued after ratification, within 6 months
shall be held on a date to be determined by the President from such issue. The order is deemed automatically lifted
2. Synchronization of elections: The members of Congress and the if no judicial action or proceeding is commenced as
local officials first elected shall serve until noon of June 30, 1992. provided herein.
The six year term of the incumbent President and Vice President Republic v. Sandiganbayan (240 SCRA 276)
elected in the February 7, 1986 elections is extended until noon of There is no particular description or specification of the kind of character of “judicial
June 30, 1992. action or proceeding”, much less an explicit requirement for the impleading of the
corporations sequestered or of the ostensible owners of the property suspected to be
B. Existing Laws and Treaties ill-gotten. The only qualifying requirement in the Constitution is that the action or
proceeding be filed “for” order of sequestration, freezing or provisional take-over.
1. All existing laws, decrees, executive orders, proclamations, letters
of instruction, and other executive issuances not inconsistent with 2. Sec. 5, E.O. 14, vests in the PCGG the power to grant immunity to
the Constitution shall remain operative until amended, repealed or witnesses, The Court has ruled that the scope of the immunity
revoked. offered by the PCGG may vary depending on the situation of the
witness and his relative importance to the prosecution of ill-gotten
C. Reserved Executive Powers wealth cases (Disini v. Sandiganbayan).