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Lyceum of The Philippines University: Constitutional Law I
Lyceum of The Philippines University: Constitutional Law I
COLLEGE OF LAW
City of Makati
CONSTITUTIONAL LAW I
JUANITO G. ARCILLA
I. GENERAL CONSIDERATIONS
1
1. Definition of Constitution
3. Procedure
Proposal (Sections 1 and 2, Art. XVII)
o Who may Propose Amendment or Revision
Congress
Imbong v. Comelec, 35 SCRA 28 [1970]
o Congress acting as a constituent body vs
acting as a legislative body)
Voting requirement
Constitutional Convention (Section 3, Art. XVII)
Position of the Constitutional Convention
How called?
People through Initiative (Section 2, Article XVII)
R. A. No. 6735
o 3 Systems of Initiative
o Initiative v. Referendum
Lambino v. Comelec, 505 SCRA 160, 25 October
2006
o The 2 essential elements for conducting a
people’s initiative on the Constitution
2
o Reasons by SC in denying the Initiative
Petition in Lambino case
o Can people’s initiative propose a revision of
the Constitution?
Defensor-Santiago v. Comelec, GR 127325, Mar. 19,
1997
Ratification (Section 4, Article XVII)
o Plebiscite; Schedule
o Gonzales v. Comelec, 31 SCRA 774 (1967)
o Tolentino v. Comelec, 41 SCRA 702 (1971)
1. State: Definition
2. Elements
o Montevideo Convention
Qualifications of a State as person of international law
o The Province of North Cotabato v. The Government of the Republic
of the Philippines Peace Panel on Ancestral Domain, GR No.
183591, October 14, 2008, 568 SCRA 402
What is the international legal concept of association used to
describe the relationship between the Central Government
and the BJE?
Are there provisions in the MOA-AD said to be consistent
with the concept of association?
Is the concept of association recognized under the present
Constitution?
Under the Memorandum of Agreement on the Ancestral
Domain the Bangsamoro Juridical Entity would have
possessed the elements of a state; Reasons.
People
Territory
o Components of a Territory
o National Territory of the Philippines (Article I)
o Archipelago Doctrine
o United Nations Convention of the Law of the Sea (UNCLOS III)
Territorial Sea
Contiguous Zone
Exclusive Economic Zone
o Republic Act No. 9522
Magallona v. Ermita, G. R. No. 187167, 16 August 2011,
655 SCRA 476
3
Government
o Functions
Constituent and Ministrant Functions: Definitions
Bacani v. Nacoco, 100 PHIL. 471 (1955)
PVTA v CIR, 65 SCRA 416
o Doctrine of Parens Patriae
Philippine Islands vs. Monte de Piedad, 35 Phil. 728
Cabañas vs. Pilapil, 58 SCRA 94
o De Jure and De Facto Governments
Kinds of De Facto Government
Go Kim Chan v. Valdez Tan Keh, 75 PHIL. 122 [1945]
o Government of the Philippines
Definition
Government vs. Administration
Sovereignty
o Kinds
o Effects of a Belligerent Occupation on Laws of Occupied Territory
Ruffy vs Chief of Staff, 75 Phil. 975
Laurel vs. Misa, 76 Phil. 372
o Effects of Change of Sovereignty
o Act of State
1. Basis
Article XVI, Section 3, Constitution
Justification for the Doctrine
2. Immunity of Foreign States
Constitutional basis (Article II, Sec. 2)
Principle of par in parem non habet imperium
Process of Suggestion
o The Holy See v. Judge Rosario, Jr. (238 SCRA 524 [Dec. 1, 1994])
Determination of Immunity by the Department of Foreign Affairs
o Liang v. People (323 SCRA 692 [Jan. 28, 2000])
4. Immunity of the United Nations (UN), its Specialized Agencies and other
International Organizations
Convention on the Privileges and Immunities of the Specialized Agencies
of the UN
Rationale for the grant of immunity
SEAFDEC v. NLRC (241 SCRA 580 [Feb. 14, 1992])
4
German Agency for Technical Cooperation v. CA, G.R. # 152318, 16 April
2009
5. Waiver of Immunity
Forms of Consent
o Express Consent
General Law
Act No. 3083
CA 327, as amnded by PD 1445
o DA v. NLRC, 277 SCRA 693
o Exception:
Amigable v. Cuenca, 43 SCRA 360
[1972]
Article 2180, Civil Code of the Phil.
Special Law
Meritt v. Gov’t. of the Phil. Islands, 34 PHIL. 311
o Implied Consent
When the State Enters into a Contract
USA v. Ruiz, 136 SCRA 487
o Restrictive theory of state immunity
o Jure Imprerii v. Jure Gestionis
USA v. Judge Guinto, G.R. No. 76607, Februry 26,
1990.
Republic v. Sandiganbayan, 204 SCRA 212
o Expropriation without payment of just
compensation; immunity not valid defense
When the State Commences Litigation
Froilan v. Pan Oriental Shipping, G.R. # L-6060, 30
Sept. 1950
Lim v. Brownell, 107 SCRA 345
5
ATO v. Spouses Ramos, G.R. # 159402, 23 February 2011
Municipal Corporations
o Charters of municipal corporations grant them the competence to
sue and be sued.
Municipality of San Fernando, La Union v. Judge Firme, 195
SCRA 692
Municipality of San Miguel, Bulacan v. Fernandez, 130
SCRA 56 [1984])
The City of Bacolod vs. Mayor Leonardia, et al. G.R. No.
190289, January 17, 2018.
8. Liability
When is the State liable?
o Meritt v. Gov’t. of the Phil. Islands, 34 PHIL. 311
When can a public officer be held liable?
o Festejo v. Fernando, 94 Phil. 504
When is a municipal corporation liable?
o Municipality of San Fernando, La Union v. Judge Firme, 195 SCRA
692 (1991)
o Palafox v. Province of Ilocos Norte, G. R. No. L-10659, January 31,
1958
1. Preamble
2. Republicanism (Section 1)
Essential Features of Republicanism
Manifestations of a Republican State
o Villavicencio v. Lukban, 39 Phil. 778
6
Conflict between municipal law and international law
o Ichong v. Hernandez (101 Phil. 115)
o Gonzales v. Hechanova (9 SCRA 230 [1963])
o In Re: Garcia (2 SCRA 984 [1961])
7
11. Right to a Balanced and Healthful Ecology (Section 16)
Oposa, Jr. v. Factoran, 224 SCRA 792, July 30, 1993
1. Constitutional Basis
2. Purposes
3. Blending of Powers
Meaning
Examples:
o Article VII, Section 22
o Article VI, Section 29(1)
o Article VII, Section 19
o Article IX-C, Section 2(4)
8
7. Application of the Doctrine
Belgica vs Ochoa, G. R. No. 208566, 11 November 2013
o What post-enactment measures allowed legislators to intervene
and/or assume duties that properly belong to the sphere of budget
execution in violation of separation of powers?
Agcaoili v. Fariñas, G.R. No. 232395, July 3, 2018.
o Exemption of Justices from any compulsory processes which very
well include the Congress' power of inquiry in aid of legislation
2. Application
Belgica vs. Ochoa, G.R. No. 208566, Nov. 11, 2013
o Whether or not the post-enactment identification authority granted
to individual legislators violate the principle of non-delegability.
3. Permissible Delegation
Delegation of Tariff Powers
o Article VI, Section 28(2)
Delegation of Emergency Powers
o Article VI, Section 23(2)
Conditions for the delegation of Emergency Powers
David vs. Arroyo, G. R. No. 171396, 3 May 2006
Presidential Proclamation 1017
Is it within the power of President GMA to promulgate
decrees?
State of Rebellion v. State of Emergency
o Article XII, Section 12
David vs. Arroyo, G. R. No. 171396, 3 May 2006
May the President, without any authority or
delegation from Congress, take over or direct the
operation of any privately-owned public utility or
business affected with public interest?
Delegation to Local Governments
o Police Power (Section 16, Local Gov’t Code of 1991)
o Power of Eminent Domain (Section 19, Local Gov’t Code of 1991)
o But, Power of Taxation – direct grant from the Constitution (Section
5, Article X)
Delegation to Administrative Bodies
o Supplementary Regulations
o Contingent Regulations
Cruz vs. Youngberg, 56 Phil. 234
9
Delegation to the People
o Article VI, Section 1
o Article VI, Section 32
o Initiative vs. Referendum
1. The Senate
Composition (Section 2)
Qualifications (Section 3)
o Pimentel v. Comelec, G.R. # 157870, 3 November 2008
Is the mandatory drug testing of candidates for public office
an unconstitutional imposition of additional qualification on
candidates for Senator?
Term (Section 4)
Is the Senate a Continuing Body?
o Ranada et al. v. the Senate of the Philippines, G.R. No. 179275,
December 23, 2008.
o League of Cities of the Phils. v. Comelec, G. R. # 176951, 18
November 2008
o Arnault v. Nazareno, 87 PHIL. 29
10
o Whether Section 19, Article VI of RA 9054,
delegating to the ARMM Regional Assembly
the power to create provinces, cities,
municipalities and barangays, is
constitutional;
o If in the affirmative, whether a province
created by the ARMM Regional Assembly is
entitled to one representative in the House of
Representative without a need of a national
law creating a legislative district for such
province.
Re-Apportionment of Legislative Districts (Section 5 (4))
Tobias v. Abalos, G.R. No. L-114783, Dec. 8, 1994.
o Whether the division of Mandaluyong and
San Juan was made pursuant to a census
showing that each attained the minimum
requirement of 250,000 inhabitants to justify
their separation into 2 legislative districts.
o Whether the assailed RA 7675 violates the
present limit on the number of
representatives as set forth in Article VI,
Section 5 (1).
o Party-List Representatives (Section 5 (2)
Republic Act No. 7941
Ang Bagong Bayani-OFW Labor Party v. Comelec, G.R. #
147598, 26 June 2001
Formula in the computation of the number of seats
available to party-list representatives
Atong Paglaum v. Comelec, G.R. # 203766, 02 April 2013
6 Parameters in determining who are qualified to
participate in Party-List election
May a political party participate in the party-list
system of elections?
Qualifications (Section 6)
o Meaning of Residence
Romualdez-Marcos v. Comelec, G.R. No. 119976,
September 18, 1995. (248 SCRA 300)
Whether or not petitioner was a resident, for election
purposes, of the First District of Leyte for a period of
one year at the time of May 9, 1995 elections.
Concepts of “domicile”and “residence”; elements of
domicile
Domicile of origin v. domicile of choice
Pundaodaya v. Comelec, G.R. # 179313, 17 September
2009
o R. A. No. 9225 (Citizenship Retention and Re-acquisition Act of
2003)
Maquiling v. Comelec, G.R. # 195649, 16 April 2013
Sobejana-Condon v. Comelec, G.R. # 198742, 10 August
2012
11
Term (Section 7)
o Abundo v. Comelec, G. R. # 201716, 08 January 2013
2 conditions for the application of the three-term limit rule
Whether or not Abundo is deemed to have served three
consecutive terms
Situations and cases/jurisprudence wherein the consecutive
terms were considered or not considered as having been
involuntarily interrupted or broken.
12
o Article VII, Section 10
o Article VII, Section 11
o Article VII, Section 18
13
Jurisdiction of the Comelec vis-à-vis that of the House of
Representatives Electoral Tribunal (HRET) over contests
involving members of the House of Representatives;
o Abayon v. HRET, G. R. # 189466, 11 February 2011
Does the HRET have jurisdiction to hear and pass upon the
qualifications of party-list nominees?
o Limkaichong v. Comelec, G. R. # 178831-32, 01 April 2009
Does the 10-day prescriptive period under the 1998 HRET
Rules (15 days from June 30 of the election year or the date
of actual assumption into office, whichever is later, under the
2015 Revised Rules of the HRET) apply to disqualification
cases based on citizenship?
14
Title of a bill – when sufficient?
Lidasan v. Comelec, 21 SCRA 496
Tobias v. Abalos, G.R. # 114783, 8 December 1994
o Formalities (Section 26 [2])
Tolentino v. Secretary of Finance, G.R. No. 115455, August
25, 1994.
Whether S. No. 1630 violated Article VI, Sec. 26(2)
because it did not pass 3 readings on separate days
because the second and third readings were done on
the same day, March 24, 1994.
Effects of a Presidential Certification of a Bill
Journal v. Enrolled Bill
o Conference Committee
Philippine Judges Association v. Prado, 227 SCRA 630
What is the bi-cameral conference committee?
Function of the bi-cam conference committee.
o Approval of Bills (Section 27)
3 Methods by which a Bill may become a Law
Veto Power (Section 27)
Distinction between General Veto Power and Item
Veto Power
Bengzon v. Drilon, 235 SCRA 506
Gonzales v. Macaraeg 191 SCRA 452 [1990]
o Power of Congressional Oversight
3 Categories of Oversight Powers of Congress
Legislative Veto
Abakada Guro Party-List v. Purisima, G.R. # 166715,
14 August 2008
o Is a legislative veto constitutional?
15
May the President prevent a member of the armed
forces from testifying before a legislative inquiry?
Lopez v. De Los Reyes, 55 PHIL. 170 (1930)
Period of imprisonment for contempt during inquiries
in aid of legislation conducted by the House of
Representatives
Balag v. Senate of the Philippines, et al., G.R. No. 234608,
03 July 2018
Period of imprisonment for contempt during inquiries
in aid of legislation conducted by the Senate
Two instances when legislative inquiry of the Senate
is considered terminated.
16
appropriation measure (Section 25 (2), Article
VI).
Section 25 [3]
o On special appropriation
Section 25 [4]
o Discretionary Funds (Section 25 [6])
Transfer of Appropriations (Section 25 [5])
o Limitations
o Philconsa v. Enriquez, 235 SCRA 506 [1994]
o Belgica v. Ochoa, G.R. # 208566, 11 November 2013
Whether the 2013 PDAF special provisions that allowed
legislators, after passage of the GAA, to identify projects and
that accorded them post-enactment authority in the areas of
fund release and fund realignment violation of doctrine of
separation of powers.
Whether the 2013 PDAF Article insofar as it confers post-
enactment identification authority to individual legislators
violates the principle of non-delegability.
Whether the legislator’s identification of the projects after
passage of the GAA violates the veto power of the
President.
o Araullo v. Aquino, G.R. # 209287, 01 July 2014
Constitutionality of Disbursement Acceleration Program
(DAP);
The 4 acts and practices under the DAP that violated the
provisions of Section 29 (1), Art. VI and Section 25 (5), Art.
VI of the Constitution
Savings defined
Requirements in transfer of savings;
Automatic Re-Appropriation (Section 25 [7])
Appropriations For Sectarian Purposes (Section 29 [2])
o Aglipay v. Ruiz, 64 PHIL. 201
o Garces v. Estenzo, 105 SCRA 510
Special Funds (Section 29 [3])
17
charitable institution, are exempt from real property
taxes.
o Section 28 [4]
City Gov’t of Quezon City v. Bayan Telecommunications,
Inc., G.R. # 162015, 6 March 2006
1. The President
Qualifications (Section 2)
Election (Section 4, 1st and 3rd paragraphs)
Canvass of Votes and Proclamation (Section 4, 4th to 6th paragraphs)
Supreme Court as Presidential Electoral Tribunal (PET) (Section 4, 7 th
paragraph)
o Jurisdiction
o Macalintal v. PET, G.R. # 191618, 23 November 2010
Constitutionality of the constitution of the PET
Nature of the power of PET
o Defensor-Santiago v. Ramos, P.E.T. Case No. 001, 13 February
1996, 253 SCRA 559
o Legarda v. De Castro, Presidential Electoral Tribunal Case No. 003,
18 January 2008, 542 SCRA 125
Term (Section 4, 1st and 2nd paragraphs)
2. The Vice-President
Qualifications (Section 3)
Election, Term (Section 4, 1st and 2nd paragraphs)
4. Perquisites (Section 6)
5. Presidential Succession
Rules on Presidential Succession
o When may the Vice-President act as President (Sections 7)
o When may the Vice-President become the President (Section 8)
18
o President’s temporary inability (Section 11)
Estrada v. Macapagal-Arroyo, G.R. # 146738, 2 March 2001
7. Vacancy in the Offices of the President and the Vice-President (Section 10)
Procedure in Filling Vacancy in the offices of the President and the VP
9. Presidential Immunity
Rubrico v. Arroyo, G.R. # 183871, 18 February 2010
Soliven v. Makasiar, G.R. # 82585, 14 November 1998
19
o Judge Angeles v. Hon. Gaite, et al., G.R. # 165276, 25 November
2009
o Doctrine of qualified political agency; exhaustion of administrative
remedies.
20
4. The Control Power (Section 17)
Control and Supervision – Meaning
Scope of the power of control; Distinction between the power of control and
supervision
o Drilon v. Lim, 235 SCRA 135
o Phillips Seafood (Philippines) Corporation v. BOI, G.R. # 175787,
04 February 2009
o Lacson-Magallanes v. Paño, 21 SCRA 895
o Angangco v. Castillo, 9 SCRA 619 [1963]
Can the President use his power of control to discipline his
subordinates?
Doctrine of Qualified Political Agency
o Exhaustion of Administrative Remedies
o Judge Angeles v. Hon. Gaite, et al., G.R. # 165276, 25 November
2009
o Manubay v. Garilao, G.R. # 140717, 16 April 2009
o Trade and Investment Development Corporation of the Phils. V.
Manalang-Demigillo, G.R. # 185571, 05 March 2013
The “Take Care” Clause
o Biraogo v. The Philippine Truth Commission of 2010, G.R. #
192935, 07 December 2010
21
VII of the Constitution refers to a petition for certiorari filed
under Section 1 or 5 of Article VIII.
The power of the Court to review the sufficiency of the
factual basis of the proclamation of martial law under Section
18, Article VII of the 1987 Constitution is independent of the
actions taken by Congress.
The scope of the power of the SC to review the sufficiency of
the factual basis of the declaration of martial law; The
"sufficiency of factual basis test".
The parameters for determining the sufficiency of the factual
basis
Was there is sufficient factual basis for the declaration of
martial law and the suspension of the writ of habeas corpus?
22
10. The Informing Power (Section 23)
3. Jurisdiction (Section 2)
Jurisdiction v. Judicial Power
Limitations on Congress’ Power to Prescribe Jurisdiction of the SC
o Article VIII, Section 5, pars. 1 and 2
o Article VI, Section 30
4. Appointments
Qualifications (Section 7)
o Justices of the Supreme Court
Kilosbayan v. Ermita and Ong, G.R. No. 177721, 03 July
2007
Topacio v. Ong, G.R. No. 179895, 18 December 2008
o Justices of Lower Collegiate Courts
o Judges of Lower Courts
The Judicial and Bar Council (Section 8)
o Composition
Ex Officio and Regular Members
Chavez v. JBC, G.R. No. 202242, 17 July 2012
o Appointment/Term
o Function
De Castro v. Judicial and Bar Council - G. R. No. 191002,
March 17, 2010
Filling up of vacancy in the SC
Interpretation of the prohibition under Article VII,
Section 15 of the Constitution against presidential
appointments immediately before the next
presidential elections and up to the end of the term of
the President.
23
De Castro v. Judicial and Bar Council - G. R. No. 191002,
April 20, 2010
Appointment from List of Nominees (Section 9)
o Aguinaldo et al. v. Aquino et al., G.R. No. 224302, November 29,
2016
whether President Aquino, under the circumstances, was
limited to appoint only from the nominees in the shortlist
submitted by the JBC for each specific vacancy.
Constitutionality of the clustering of nominees by the JBC
24
Taxpayers as proper party
Mamba v. Lara, G.R. No. 165109, 14 December
2009
Concerned citizens as proper party
David v. Arroyo, G.R. No. 171396, 03 May 2006
Legaspi v. CSC, 150 SCRA 530 (1987)
Legislators as proper party
Philconsa v. Enriquez, 235 SCRA 506 (1884)
An Organization as proper party
Aguinaldo et al. v. Aquino et al., G.R. No. 224302,
November 29, 2016
IBP v. Zamora, 338 SCRA 81, 15 August 2000
Transcendental Importance of the Issue/s raised
Kilosbayan, Inc. v. Guingona, Jr.
o Earliest Opportunity
When is the earliest opportunity to raise a constitutional
question
Exceptions
Serrano v. Gallant Maritime Services, Inc., G.R. No. 167614,
24 March 2009
Apec Mining Co., Inc. v. Southeast Mindanao Gold Mining
Corp., et al., G.R. No. 152613/G.R. No. 152628, 20
November 2009
o Necessity of Deciding Constitutional Question
Zandueta v. De la Costa, 66 Phil. 115
General v. Urro, G.R. No. 191560, 29 March 2011
Demetria v. Alba, G.R. No. 71977, 27 February 1987
Effects of a Declaration of Unconstitutionality
o Orthodox View
o Modern View
o The Doctrine of Operative Fact
Planters Products, Inc. v. Fertiphil Corporation, G.R. No.
166006, 14 March 2008
League of Cities of the Phils. V. COMELEC, G.R. No.
176951, 24 August 2010
o Partial Unconstitutionality
25
o Right to Appeal not embraced in due process
o Competence of lower courts to decide constitutional questions
(Section 5(a)
Planters Products, Inc. v. Fertiphil Corp., G. R. No. 166006,
14 March 2008
British American Tobacco v. Camacho, G.R. No. 163583, 20
August 2008
Temporary Assignment of Judges (Section 5(3))
o Temporary Assignment of Judges
o Permanent Transfer
Change of Venue or Place of Trial (Section 5(4))
o Larranaga v. CA et al., 287 SCRA 581, 13 March 1998
Rule-making Power (Section 5(5))
o Limitations on the Rule-Making Power
o First Lepanto Ceramics, Inc. v. CA et al., G.R. No. 110571, March
10, 1984.
Whether or not Art. 82 of EO 226 can be validly repealed by
circular 1-91 because the former grants a substantive right
which, under the Constitution cannot be modified,
diminished, or increased by the SC in the exercise of its rule-
making powers.
o Petition for Leave to Resume Practice of Law, Benjamin M.
Dacanay, B.M. No. 1678, 17 December 2007
o RE: Exemption of the National Power Corporation from
Filing/Docket Fees, A.M. No. 05-10-20-SC, 10 March 2010.
o RE: Petition for Recognition of the Exemption of the GSIS from
Pyment of Legal Fees, A.M. No. 08-2-01-0, 11 February 2010.
o Javellana v. DILG, G.R. No. 102549, August 10, 1992, 212 SCRA
475.
Appointment of Court Personnel (Section 5 (6))
Administrative Supervision of Courts (Section 6)
o Maceda v. Vasquez, 221 SCRA 464
Whether the Office of the Ombudsman could entertain a
criminal complaint for the alleged falsification of a judge's
certification submitted to the Supreme Court, and assuming
that it can, whether a referral should be made first to the
Supreme Court.
o Ampong v. CSC, G.R. No. 167916, 26 August 2008
Whether the CSC has administrative jurisdiction over an
employee of the Judiciary for acts committed while said
employee was still with the Executive or Education
Department.
26
o How administrative proceedings against judges may be instituted
Caoibes, Jr. v. Ombudsman, G.R. No. 132177, 19 July 2001
People v. Judge Gacott, Jr., 246 SCRA 52
o "Bar Matter No. 209. — In the Matter of the Amendment and/or
Clarification of various Supreme Court Rules and Resolutions,"
o Can a Division of the SC discipline a judge?
27
A. COMMON PROVISIONS (Article IX-A)
2. Disqualifications (Section 2)
3. Staggering of Terms
Purpose of Scheme
Requisites
o Republic v. Imperial, 96 Phil 770.
6. Decisions (Section 7)
Voting requirement on decisions
o Estrella v. Comelec, G.R. No. 160465, May 27, 2004
o Marcoleta v. Comelec, G.R. No. 181377, April 24, 2009
Mode of Review from decisions
o COMELEC, COA – Rule 64 of the Rules of Court in relation to Rule
65
o CSC – R.A. No. 7902
o Cayetano v. Comelec, G.R. No. 193846, April 12, 2011
o Cagas v. Comelec, G.R. No. 194139, January 24, 2012, 663 SCRA
645
28
What is a government agency?
o Hidalgo v. Republic of the Philippines, G.R. No. 179793, 623 SCRA
391
o Republic of the Philippines v. City of Paranaque
Philippine Reclamation Authority is a government
instrumentality
GOCCs with original charters
o Definition of GOCC with original charter
Davao City Water District, et al. v. CSC et al., G.R. No.
95237-38, September 13, 1991
o GOCC includes:
Government Instrumentalities with Corporate Powers
(GICPs)
Government Corporate Entities (GCEs)
Government Financial Institutions (GFIs)
o Liban v. Gordon, G.R. No. 175352, July 15, 2009, 593 SCRA 68
Is the Philippine National Red Cross a GOCC?
Cases:
o National Service Corporation v. NLRC, 168 SCRA 122
o TUPAS v. National Housing Corporation, 173 SCRA 33, May 4,
1989
o Duty Free Philippines v. Mojica, G.R. No. 166365, Sept. 30, 2005
3. Classes of Service
Career Service
o Characteristics
o Positions under the career service
Non-Career Service
o Characteristics
o Positions under the non-career service
29
Revised Rules on Administrative Cases in the Civil Service ( CSC
Resolution No. 1101502, November 18, 2011)
o Preliminary investigation
o Institution of the formal charge or Notice of charge
Garcia v. Molina, G.R. Nos. 157383 & 174137, April 2, 2010,
627 SCRA 540.
RA No. 6770
o Discipline of errant public officers
The Magna Carta for Public School Teachers (RA 4670, Section 9.
o Disciplinary jurisdiction over public school teachers.
CSC v. CA, G.R. No. 176162, October 9, 2012, 682 SCRA
353.
Camacho v. Gloria, 456 SCRA 399 (2003)
Ampong v. CSC, G.R. No. 167916, August 26, 2008, 563
SCRA 293.
Reorganizations
o Dario v. Mison, 176 SCRA 84
30
Section 6:
o Section 94(b), Local Government Code, prohibition does not apply
to losing candidates in barangay elections
o The prohibition does not apply to nominees of losing party list
groups (Minute Resolution No. 19-0677, Comelec)
o People v. Sandiganbayan, G.R. No. 164185, July 23, 2008
Section 7:
o Section 13, Article VII v. Section 7, Article IX-B
o Civil Liberties Union v. Executive Secretary, 194 SCRA 317 (1991)
o Public Interest Center, Inc. v. Elma, G.R. No. 138965, June 30,
2006, 494 SCRA 53.
31
RA 10367 (Biometrics Law)
o To annul an illegal registry of voters
Section 145, Omnibus Election Code
Prudente v. Genuino, G.R. No. L-5222, November 6, 1951
o To cancel a proclamation made by a board of canvassers based on
incomplete or irregular canvass
o To decide pre-proclamation cases
Pre-proclamation issues under R.A. 9369
o To deny due course to a certificate of candidacy
Ground:
Section 78, Omnibus Election Code
Procedure:
Rule 23, Comelec Rules of Procedure, as amended
by Comelec Resolution No. 9523
Fermin v. Comelec, G.R. No. 179695, December 18,
2008
Aratea v. Comelec, G.R. No. 195229, October 2,
2012, 683 SCRA 105.
o To reject a nuisance candidate
Grounds:
Section 69, Omnibus Election Code
Procedure:
Rule 24, Comelec Rules of Procedure, as amended
by Comelec Resolution No. 9523
De la Cruz v. Comelec, G.R. No. 192221, November 13,
2012
o To disqualify a candidate
Grounds:
Section 12, Omnibus Election Code
Section 68, Omnibus Election Code
Section 40, Local Government Code
Distinctions between Sections 68 and 78
Fermin v. Comelec, G.R. Nos. 179695 and 182369,
December 18, 2008, 574 SCRA 782
Procedure:
Rule 25, Comelec Rules of Procedure, as amended
by Comelec Resolution No. 9523
Effects of Disqualification:
Section 6, R.A. 6646
o Codilla, Sr. v. De Venecia, G.R. No. 150605,
December 10, 2002
Second placers and succession
o Geronimo v. Ramos, G.R. Nos. L-60504, L-
60591, 60732-39, May 14, 1985, 136 SCRA
435
o Maquiling v. Comelec, G.R. No. 195649, April
16, 2013.
Electoral aspect vs Criminal aspect of disqualification
o Lanot v. Comelec, G.R. No. 164858,
November 16, 2006, 507 SCRA 114.
32
o To postpone an election
Section 5, Omnibus Election Code
o To declare a failure of election
Section 6, Omnibus Election Code
Presbiterio v. Comelec, G.R. No. 178884, June 30,
2008
o To call a special election
Section 7, Omnibus Election Code.
o Promulgate rules for purposes of regulating elections
Veterans Federation Party v. Comelec, 396 Phil. 419
33
Section 43 of 9369 in relation to Section 2(6), Article IX-C of
the Constitution
BANAT v. Comelec, G.R. No. 177508, August 7, 2009
Arroyo v. DOJ, G.R. No. 199082, September 8, 2012, 681
SCRA 181.
Lanot v. Comelec, G.R. No. 164858, November 16, 2006,
507 SCRA 114.
6. Multi-Party System (Section 6); No block voting (Section 7); Political parties not
represented in Boards (Section 8); No Political Harassment (Section 10)
34
D. The COMMISSION ON AUDIT (Article IX-D)
5. Report (Section 4)
1. Impeachment (Section 2)
Definition
Impeachable Officers
o Marcoleta v. Borra, A.C. No. 7732, March 90, 2009, 582 SCRA 474
Impeachable officers who are lawyers must first be
impeached before disbarment.
o In re: Gonzales (160 SCRA 771 (1988)
o People v. Benipayo, G.R. No. 154473, April 24, 2009, 586 SCRA
420
o Republic of the Philippines v. Sereno, G. R. No. 237428, May 11,
2018
35
Can the Supreme Court assume jurisdiction and give due
course to a petition for quo warranto against an impeachable
officer?
Can quo warranto and impeachment proceed independently
and simultaneously?
Is the Supreme Court's exercise of its jurisdiction over a quo
warranto petition not violative of the doctrine of separation of
powers?
Is Impeachment an exclusive remedy by which an invalidly
appointed or invalidly elected impeachable official may be
removed from office.
Does prescription not lie against the State?
Is Sereno ineligible as a candidate and nominee for the
position of Chief Justice?
Does compliance with the SALN requirement indubitably
reflect on a person 's integrity?
Grounds (Section 2)
o Meaning of each ground
Betrayal of public trust
Gonzales v. Office of the President, G.R. No.
196231, September 4, 2012, 679 SCRA 614.
Procedure (Section 3)
o Initiation
Limitations on the exclusive power of the House to initiate
impeachment cases
Francisco, et al. v. The House of Representatives,
G.R. No. 160261, November 10, 2003, 415 SCRA 44
Who may initiate filing of impeachment complaint? (Section
3(2) and (4))
Meaning of “to initiate” (Section 3(5))
Francisco, et al. v. The House of Representatives,
G.R. No. 160261, November 10, 2003, 415 SCRA 44
Gutierrez v. The House of Representatives, G.R. No.
193459, February 15, 2011, 643 SCRA 198
o Referral to the proper Committee (Section 3(2))
o Hearing by the Committee (Section 3(2))
o Submission of Report by the Committee to the House with the
Resolution Section 3(2))
Favorable resolution with Articles of Impeachment
Contrary resolution
o Consideration of the Resolution by the House (Section 3(2))
o Voting by all the Members of the House (Section 3(3))
o Trial by the Senate (Section 3(6))
o Judgment (Section 3(7))
Subject to judicial review?
o Rules on Impeachment (Section 3(8))
Meaning of to “promulgate” its rules
Gutierrez v. The House of Representatives, G.R. No.
193459, February 15, 2011, 643 SCRA 198
36
Francisco, et al. v. The House of Representatives,
G.R. No. 160261, November 10, 2003, 415 SCRA 44
o Promulgation of rules on impeachment limited
by the phrase “to effectively carry out the
purpose of this section.”
3. The Ombudsman
Composition (Section 5)
Qualifications and Disqualifications (Section 8)
Appointment (Sections 9)
Salary (Section 10)
Term (Section 11)
Powers and Function (Sections 12 and 13)
8. Dual Citizenship/DualAllegiance
Dual citizenship v. dual allegiance
o Mercado v. Manzano, G.R. No. 135083, May 26, 1999, 367 Phil.
132
o Jacot v. Dal, G.R. No. 179848, November 29, 2008, 572 SCRA 295
RA No. 9225 (Citizenship Retention and Re-acquisition Act of 2003)
o Maquiling v. Comelec, G.R. No. 195649, April 16, 2013
o Sobejana-Condon v. Comelec, G.R. No. 198742, August 10, 2012,
678 SCRA 267
37